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HomeMy WebLinkAbout05-6044JEANNE L. DENZ, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ;W5-- &X1Y e -1 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b(a H&R AUCTION, Jury Trial Demanded And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants To Prothonotary: PRAECIPE FOR WRIT OF SUMMONS Kindly issue a Writ of Summons in the above-caption action. Defendants' address is as follows: 2937 Cambridge Road Honey Brook, Chester County, PA 19344 Date: November 23, 2005 L t Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. 932317 Attorney for Plaintiff v c? '? -?. -?. -o ?? s _? u> 1, - : ;: r.? Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS Court of Common Pleas Jeanne L. Denz Plaintiff vs. No. 05-6044 Catherine E. Deim, Robert L. Deim, d/b/a H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road, Honey Brook, PA 19344 In CivilAction-Law Defendant To Catherine E. Deim, Robert L. Diem, d/b/a H&R Auction and the Cambridge Bear & Doll Shoppe You are hereby notified that Jeanne L. Denz the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) Aothonotar?T Date November 23, 2005 By Deputy Attorney: Barbara Sumple-Sullivan, Esq. Name: Address: 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for: Plaintiff Telephone: 717-774-1445 Supreme Court ID No. 32317 _ 9 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06044 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DENZ JEANNE L VS DIEM CATHERINE E ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DIEM CATHERINE E but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of CHESTER County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 19th , 2005 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answers: Docketing 18.00 Out of County 9.00 Surcharge 10.00 R: Thomas Kline Dep Chester County 90.00 Sheriff of Cumberland County Postage .37 127.37 12/19/2005 BARBARA SUMPLE SULLIVAN Sworn and subscribed to before me this ;IFSf day of A.Yvt>_?,?<X??c? 2b27S A. D. Prot , of y SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06044 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DENZ JEANNE L VS CATHERINE E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: DIEM ROBERT L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CHESTER County, Pennsylvania, to serve the within WRIT OF SUMMONS er 19th , 2005 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answer - -- Docketing 6.00 ?- ? Out of County .00 Surcharge 10.00 R.`Thomas Kline .00 Sheriff of Cumberland County .00 16.00 12/19/2005 BARBARA SUMPLE SULLIVAN Sworn and subscribed to before me this 7? F day of 41„ ?Ot iiz D 11 t ono ary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06044 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JEANNE L VS DIEM CATHERINE E ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: DEIM ROBERT L D/B/A H & R AUCTION HOUSE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CHESTER serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 19th , 2005 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answers-- Docketing 6.00 Out of County 00 << Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 12/19/2005 BARBARA SUMPLE SULLIVAN Sworn and subscribed to before me this apw day ofk"cH?G, D. Pro otary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-06044 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DENZ JEANNE L VS DIEM CATHERINE E ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CAMBRIDGE BEAR & DOLL SHOPPE THE but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of CHESTER serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 19th , 2005 , this office was in receipt of the attached return from CHESTER Sheriff's Costs: So answers : Docketing 6.00 Out of County .00 C Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 12/19/2005 BARBARA SUMPLE SULLIVAN Sworn and subscribed to before me this d4p day of hQ,? , J ,2 A.Dry In The Court of Common Pleas of Cumberland County, Pennsylvania Jeanne L. Denz vs. Catherine E. Deim et al SERVE: Catherine E. Deim No 05-6044 civil No. Now December 1, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, Eje? ?M Z 202L, at o'clock 1 M. setwed the within Jj. PA upon C(11411??- i ??tM Ile- at 3 % C i? I}? {tJ ?J?ut P+ l cl'? > by handing to abU\k-- a + a, e- and made known to k.e?t; copy of the original So answers, ?J the contents thereof. Sheri f County, PA Sworn and subscribed before me this A?± ay oij??L. 20L?'L COSTS SERVICE _ MILEAGE _ AFFIDAVIT NOTARIAL SLAI. i Ft ecca S Yepremian, Notary Public j Chster Boro., Chommission expires August 6, 2005 $ b I :ZI d 91 330 SOOT Vd ;dknb:, u 3a1a3HS 3H1 JO 331336 In The Court of Common Pleas of Cumberland County, Pennsylvania Jeanne L. Denz VS. Catherine E. Deim et al SERVE: Robert L. Deim Now December 1, 2005 No 05-6044 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 0-5, at i o'clock M. seFyed the within J cR1 ?,/ nU r upon 1? L, ?,/Ll at 27J 1?? ?d i ??, to^?sJlc ?? P by handing to a 6t?rL. and made known to copy of the original stl/'1MtifaS the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and bscribed before SERVICE $ me this day of ?S . 20 MILEAGE AFFIDAVIT NOTARIAL SEAL $ Rebecca S. Yepremiao, Notary Public Wes[ Chester 3oro.. fhes[er Caunt} Mc commke i, n ; c ^a,:. ,?, ipOS In The Court of Common Pleas of Cumberland County, Pennsylvania Jeanne L. Denz VS. Catherine E. Deim et al SERVE: Robert L. Deim d/b/a H&R Auction No 05-6044 civil No. Now, December 1, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA, Affidavit of Service Now, C J? ??> 20? - , at I10 o'clock M. served the within L2AA0-)ori j upon at (sc?, ?-4 L1 Vl?iM &)cY- O. ? V by handing to Ca.4'E o-K f a T yr? copy of the original J el*-l y-6 and made known to So answers, V the contents thereof. (41 c nz Ltherif[V County, PA COSTS Swom an,d,,?ubscribed before SERVICE me this day of- 20 C_ MILEAGE AFFIDAVIT _ NOTARIAL SEAL Rebecca S. Yeprcmian, Notary Public West Chester ?oro.. Chestcr County My commis:on czp. p vhc?:(6, 2008 $ In The Court of Common Pleas of Cumberland County, Pennsylvania Jeanne L. Denz VS. Catherine E. Deim et at SERVE: The Cambridge Bear & Doll Shoppe No. 05-6044 civil Now December 1, 2005 I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, RA Affidavit of Service Now, 20 J:5 , at o'clock 1 M. sq-r,yed,the within jG(1 ?lr? J / j ??^?1 upon at byhandingto a f G r copy of the original Zr\A and made known to the contents thereof. So answers, @ S e ff of County, PA Sworn ands bscrib before me this )3 of?, 20 COSTS SERVICE MILEAGE AFFIDAVIT N01'ARIAL SEAL - F SYoprem ian, Notary cster IReoCn a• n.,ions? 6.2008 $ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, Jury Trial Demanded And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, this day!,of 2006, comes the Plaintiff, Jeanne L. Denz, and respectfully moves this Honorable Court to Compel Responses to Interrogatories and Document Production Requests.! In support thereof she avers the following: 1. The above captioned matter i volves failure of Defendants to respond to Interrogatories and Documen? Production Requests propounded by Plaintiff. 2. Interrogatories and Catherine Diem d/b/a H&R Production Requests were initially served on and the Cambridge Bear and Doll Shoppe, Robert L. Diem d/b/a H&R Auction and directly on H&R Auction and the Cambridge Bear and Doll Shoppe by Plaintiff's counsel on January 20, 2006. Responses were due within thirty (30) days in accordance with 42 Pa.R.C.P. 4006 and 4009.12 or on or about February 20, 2006. 4. No response was received to this discovery request and no communication has been received from Defendants. Prior requests for information made by Plaintiff's counsel have also been ignored. 6. Plaintiff requests Defendants shall be ordered to answer the discovery requests within fifteen (15) days from the date of this Motion. 7. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order for sanctions if (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt fora refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. WHEREFORE, it is respectfully requested that Defendants, Catherine E. Diem d/b/a H&R Auction and the Cambridge Bear and Doll Shoppe, Robert L. Diem d/b/a H&R Auction and H&R Auction and the Cambridge Bear and Doll Shoppe be compelled to respond to Interrogatories and Document Production Requests referred to in this Motion within fifteen (15) days of the Order. Dated: February 27, 2006 / Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID 432317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, Jury Trial Demanded And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion to Compel Response to Interrogatories and Document Production Requests to this Honorable Court, in the above-c4ptioned matter upon the following individuals via United States Mail: Ms. Catherine E Diem d/b/a H&R Auction and The Cambridge Mr. Robert L. Diem d/b/a H&R Auction 2937 Cambridge Road Money Brook, PA 17344 H&R Auction and the Cambridge Bear and Doll Shoppe 2937 Cambridge Road Honey Brook PA 19344 Bear and Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 DATE: February 27, 2006 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney For Plaintiff ?, a ? ";1 -! i _ , ? .'. r? -. JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 05-6044 CIVIL TERM ORDER OF COURT AND NOW, this 6th day of March, 2006, upon consideration of Plaintiff's Motion To Compel Responses to Interrogatories and Document Production Requests, a Rule is hereby issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Ms. Catherine E. Diem d/b/a H&R Auction and The Cambridge Bear and Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 / Defendant, pro Se BY THE COURT, ; ' ? } Mr. Robert L. Diem d/b/a H&R Auction 2937 Cambridge Road Honey Brook, PA 19344 Defendant, pro Se H&R Auction and The Cambridge Bear and Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 Defendant, pro Se :rc ORIGINAL JEANNE L. DENZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, AND THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendant NO. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERS TO INTERROGATORIES FROM: Catherine E. Diem d/b/a H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 1. State the name, address and social security/EIN number for all persons answering or consulted in answering of these interrogatories. ANSWER: Catherine E. Diem 2937 Cambridge Road Honey Brook, PA 19344 2. Regarding the business entity "H&R Auction", please advise if said entity is a sole proprietorship, partnership, corporation, or other entity. Identify the specific details of formation of this entity including the state of registration or corporation of formation. ANSWER: sole proprietorship a) If you indicate that this entity is a fictitious name, please advise of the owner(s) of said name and entity; ANSWER: sole proprietorship in Pennsylvania b) Please identify any known relationship which an individual known as "HarryJ. Sandoe" has to your business. ANSWER: None Page 2 3. Identify the number of any professional license held by you or any entity for which you are involved. For each license, identify the date of issuance. ANSWER: Auction license - issued I 1 /1 3/97 4. Regarding the business entity known as "The Cambridge Bear and Doll Shoppe", please identify the date any amendments were made to the filed fictitious name "Cambridge Bear Shoppe". ANSWER: None 5. Identify the nature of your relationship (ownership, employment, etc.) to The Cambridge Bear and Doll Shoppe. ANSWER: Owner 6. Please review the list attached hereto as Exhibit A and identify if this is a complete list of all items consigned for sale by you from Plaintiff. (I have included your previously provided (but incomplete) information concerning certain sales for ease of your review). a) If you contend that you did not receive any item listed on Exhibit A, identify which items you failed to receive. b) If any item which you received is not listed on Exhibit A, please list that item here. (Note: Lot number references correlate with the Catalog for Doll Auction dated April 16, 2005) ANSWER: Concerning Exhibit A - the first 5 pages are from the printed catalog advertising the April 16' doll auction. Not all the items for sale at this auction belonged to consigner Jeanne Denz. There were several consigners involved with this auction. The previous list provided in this Exhibit A in September, 2005, is not "incomplete", it is the exact information requested. See Defedendant's Exhibit "A" attached to these Interrogatories which is letter for requested material from plaintiff's council. Page 3 7. Identify the disposition of each and every item that you had taken possession of from Plaintiff for sale on behalf of Plaintiff. This should include Exhibit "A" and any further items identified in reference to interrogatory 6. For each item, identify its present location, the name and address of any purchaser, the value or sales amount of the item received upon transfer to a third parry, the amount of sales tax collected and the costs of shipping any item at the time of sale. ANSWER: The list of items sold and the prices each item brought at auction was sent to attorney Barbara Sumple-Sullivan on 9/15/05, which listing consisted of 15 pages and identified each item from inventoried list when items were picked up. Ms. Sullivan then requested a second listing matching the printed catalog for the April doll auction. This second listing was sent to Ms. Sullivan on 12/5/05, and basically is the same information submitted in the first listing of 9/15/05. There is no new additional information to submit. Both lists gave prices for each item sold. It's impossible to record what each individual purchased at the auction. 8. For each item sold as itemized above, please advise how the sale was conducted (in person, through a-bay, etc.). ANSWER: A public auction was held with live attendance and on- line (e-bay) audience, a licensed auctioneer, auction clerk and various auction personnel. 9. Please identify any items of Plaintiff which have been returned to you by any purchaser. For each item returned, identify the purchaser's name, address and telephone number. ANSWER: Many items were returned due to "smoke smell". The items returned were identified in previous listings of 9/15/05 and 12/05/05. The names of the unsatisfied customers were not kept. Page 4 10. Please describe the steps taken to care for Plaintiff's property while in your possession. ANSWER: Items were stored in an existing doll shop, which was climate controlled. Items were stored in original boxes on shelves in a smoke-free, child-free, pet-free environment and not exposed to sunlight. The building was locked at all times. The building was clean and free of dirt and dust build-up. 11. Please identify why you have not provided Plaintiff with any proceeds checks from sales made. ANSWER: As discussed with Ms. Denz and agreed upon by her, payment would be made in a lump-sum upon all items being sold. UPON THE URGENT REQUEST OF JEANNE DENZ, A PARTIAL PAYMENT OF $1,400.00 WAS MADE TO HER. Because of undisclosed smoke damage to the dolls, there were problems resulting from the April doll auction. A final auction was scheduled in mid-October, 2005, but that sale was stopped by Ms. Sullivan on behalf of Jeanne Denz. AS OF 3/9/06 THERE HAS BEEN NO RESPONSE TO MY NUMBEROUS REQUESTS AS TO THE DISPOSITION OF THE REMAINING ITEMS. 12. Please identify all items which you allege you purchased individually from the collection of items owned by Plaintiff. For each item, identify the amount you paid for said item. ANSWER: A 10` Anniversary Annette Himstedt doll named Medina PAYING $550.00 - WHICH AMOUNT WAS RECEIVED BY PLAINTIFF IN ADDITION TO THE $19400.00. r.:NW OFFIA IF)S BARBARA :sUMPLF-SUIJAVA\r 7,40 BUtM K STREET NEW CUMB70RI-AV), PU1,NSYCNAN1A 2707061031 PHQfiF, 17171 774-144:, PAX (717) 774-'7959 September 9. 2005 1-1&R Auction Attention: Ms. Catherine Diem 2937 Cambridge Road Honey Brook, PA 19344 Re: Jeanne L. Denz Dear Ms. Diem: I met with Mrs. Denz. I advised her of the contents of our conversation, She has shared with me prior correspondence with you which indicated that the dolls were to be included in auctions over the summer in June and ,July. Obviously, you can understand her concerns at this time. The original auction, at which you approximated 75°0 of her collection being sold, occurred April 16, 2005. It is now almost raid-September and all that she has received is 51,400,00 Household items had also been taken and sold. No accounting or check for these items has been received. As I stated in my message to your husband, t am requesting the following information on or before September 15. 2005: Using the listing attached to the Consignment Agreement, please identify the current whereabouts of each doll or doll a) If sold, please advise the date of the sale, the pu(chaser. the amount received. b) If a doll was sold but returned, please also advise the current whereabouts of the doll and provide any communication indicating the reason for the return. to A it No. 05 - 6044 VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 3-d q , 2006 ?pv? atherine E. Diem No. 05 - 6044 Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEANNE L. DENZ Plaintiff V. NO. 05 - 6044 JURY TRIAL DEMANDED CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Answers to Interrogatories upon the following person by Federal Express delivery addressed as follows: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: March ) ?, 2006 Larry B.Waier, Esq. Counsel for Defendants .,, --a =, _„ a w .. , ?., w ORIGINAL JEANNE L. DENZ, Plaintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PA V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, AND THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendant NO. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERS TO INTERROGATORIES FROM: H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 Answered by Catherine E. Diem State the name, address and social security/EIN number for all persons answering or consulted in answering of these interrogatories. ANSWER: Catherine E. Diem 2937 Cambridge Road Honey Brook, PA 19344 2. Regarding the business entity "H&R Auction", please advise if said entity is a sole proprietorship, partnership, corporation, or other entity. Identify the specific details of formation of this entity including the state of registration or corporation of formation. ANSWER: sole proprietorship a. If you indicate that this entity is a fictitious name, please advise of the owner(s) of said name and entity; ANSWER: Robert L. Diem and Catherine E. Diem - sole proprietorship in Pennsylvania b. Please identify any known relationship which an individual known as "HarryJ. Sandoe" has to your business. ANSWER: None Page 2 3. Identify the number of any professional license held by you or any entity for which you are involved. For each license, identify the date of issuance. ANSWER: Auction license -issued 11 /13/97 4. Regarding the business entity known as "The Cambridge Bear and Doll Shoppe", please identify the date any amendments were made to the filed fictitious name "Cambridge Bear Shoppe". ANSWER: None 5. Identify the nature of your relationship (ownership, employment, etc.) to The Cambridge Bear and Doll Shoppe. ANSWER: Owner 6. Please review the list attached hereto as Exhibit A and identify if this is a complete list of all items consigned for sale by you from Plaintiff. (1 have included your previously provided (but incomplete) information concerning certain sales for ease of your review). a) If you contend that you did not receive any item listed on Exhibit A, identify which items you failed to receive. b) If any item which you received is not listed on Exhibit A, please list that item here. (Note: Lot number references correlate with the Catalog for Doll Auction dated April 16, 2005) ANSWER: Concerning Exhibit A - the first 5 pages are from the printed catalog advertising the April 16`h doll auction. Not all the items for sale at this auction belonged to consigner Jeanne Denz. There were several consigners involved with this auction. The previous list provided in this Exhibit A in September, 2005, is not "incomplete", it is the exact information requested. See Defedendant's Exhibit "A" attached to these Interrogatories which is letter for requested material from plaintiffs council. Page 3 7. Identify the disposition of each and every item that you had taken possession of from Plaintiff for sale on behalf of Plaintiff. This should include Exhibit "A" and any further items identified in reference to Interrogatory 6. For each item, identify its present location, the name and address of any purchaser, the value or sales amount of the item received upon transfer to a third party, the amount of sales tax collected and the costs of shipping any item at the time of sale. ANSWER: The list of items sold and the prices each item brought at auction was sent to attorney Barbara Sumple-Sullivan on 9/15/05, which listing consisted of 15 pages and identified each item from inventoried list when items were picked up. Ms. Sullivan then requested a second listing matching the printed catalog for the April doll auction. This second listing was sent to Ms. Sullivan on 12/5/05, and basically is the same information submitted in the first listing of 9/15/05. There is no new additional information to submit. Both lists gave prices for each item sold. it's impossible to record what each individual purchased at the auction. 8. For each item sold as itemized above, please advise how the sale was conducted (in person, through a-bay, etc.). ANSWER: A public auction was held with live attendance and on- line (e-bay) audience, a licensed auctioneer, auction clerk and various auction personnel. 9. Please identify any items of Plaintiff which have been returned to you by any purchaser. For each item returned, identify the purchaser's name, address and telephone number. ANSWER: Many items were returned due to "smoke smell". The items returned were identified in previous listings of 9/15/05 and 12/05/05. The names of the unsatisfied customers were not kept. Page 4 10. Please describe the steps taken to care for Plaintiff's property while in your possession. ANSWER: Items were stored in an existing doll shop, which was climate controlled. Items were stored in original boxes on shelves in a smoke-free, child-free, pet-free environment and not exposed to sunlight. The building was locked at all times. The building was clean and free of dirt and dust build-up. 11. Please identify why you have not provided Plaintiff with any proceeds checks from sales made. ANSWER: As discussed with Ms. Denz and agreed upon by her, payment would be made in a lump-sum upon all items being sold. UPON THE URGENT REQUEST OF JEANNE DENZ, A PARTIAL PAYMENT OF $1,400.00 WAS MADE TO HER. Because of undisclosed smoke damage to the dolls, there were problems resulting from the April doll auction. A final auction was scheduled in mid-October, 2005, but that sale was stopped by Ms. Sullivan on behalf of Jeanne Denz. AS OF 3/9/06 THERE HAS BEEN NO RESPONSE TO MY NUMBEROUS REQUESTS AS TO THE DISPOSITION OF THE REMAINING ITEMS. 12. Please identify all items which you allege you purchased individually from the collection of items owned by Plaintiff. For each item, identify the amount you paid for said item. ANSWER: Purchased by Catherine E. Diem - A 10`h Anniversary Annette Himstedt doll named Medina PAYING $550.00 - WHICH AMOUNT WAS RECEIVED BY PLAINTIFF IN ADDITION TO THE $19400.00. No. 05 - 6044 VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 2006 Catherine E. Diem No. 05 - 6044 Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEANNE L. DENZ Plaintiff V. NO. 05 - 6044 JURY TRIAL DEMANDED CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Answers to Interrogatories upon the following person by Federal Express delivery addressed as follows: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 11 Date: March ' 2006 Larry B. aier, Esq. Counsel for Defendants ,__, -, ??? ?, ,;-;? ::?, `L. `?:= _ :?r ,, ?:.°; i_ owcA Km JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, AND THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWERS TO INTERROGATORIES FROM: Mr. Robert L. Diem d/b/a H&R Auction 2937 Cambridge Road Honey Brook, PA 19344 1. State the name, address and social security/EIN number for all persons answering or consulted in answering of these interrogatories. ANSWER: Robert L. Diem - answering 2937 Cambridge Road Honey Brook, PA 19344 Catherine E. Diem - consulted in answering 2937 Cambridge Road Honey Brook, PA 19344 2. Regarding the business entity "H&R Auction", please advise if said entity is a sole proprietorship, partnership, corporation, or other entity. Identify the specific details of formation of this entity including the state of registration or corporation of formation. ANSWER: sole proprietorship a. If you indicate that this entity is a fictitious name, please advise of the owner(s) of said name and entity; ANSWER: Robert L. Diem and Catherine E. Diem - sole proprietorship in Pennsylvania Page 2 b. Please identify any known relationship which an individual known as "Harry J. Sandoe" has to your business. ANSWER: None 3. Identify the number of any professional license held by you or any entity for which you are involved. For each license, identify the date of issuance. ANSWER: Auction license - issued 11/1 3/97 4. Regarding the business entity known as "The Cambridge Bear and Doll Shoppe", please identify the date any amendments were made to the filed fictitious name "Cambridge Bear Shoppe". ANSWER: None 5. Identify the nature of your relationship (ownership, employment, etc.) to The Cambridge Bear and Doll Shoppe. ANSWER: Spouse of owner 6. Please review the list attached hereto as Exhibit A and identify if this is a complete list of all items consigned for sale by you from Plaintiff. (I have included your previously provided (but incomplete) information concerning certain sales for ease of your review). a) If you contend that you did not receive any item listed on Exhibit A, identify which items you failed to receive. b) If any item which you received is not listed on Exhibit A, please list that item here. (Note: Lot number references correlate with the Catalog for Doll Auction dated April 16, 2005) ANSWER: Answered by Catherine E. Diem as 1 do not have the information to answer question. Concerning Exhibit A - the first 5 pages are from the printed catalog advertising the April 16`" doll auction. Not all the items for sale at this auction belonged to consigner Jeanne Denz. There were several consigners involved Page 3 with this auction. The previous list provided in this Exhibit A in September, 2005, is not "incomplete", it is the exact information requested. See Defedendant's Exhibit "A" attached to these Interrogatories which is letter for requested material from plaintiff's council. I am aware of the fact that there were numerous consigners for this doll auction. 7. Identify the disposition of each and every item that you had taken possession of from Plaintiff for sale on behalf of Plaintiff. This should include Exhibit "A" and any further items identified in reference to Interrogatory 6. For each item, identify its present location, the name and address of any purchaser, the value or sales amount of the item received upon transfer to a third parry, the amount of sales tax collected and the costs of shipping any item at the time of sale. ANSWER: Answered by Catherine E. Diem as I do not have the information to answer question. The list of items sold and the prices each item brought at auction was sent to attorney Barbara Sumple-Sullivan on 9/15/05, which listing consisted of 15 pages and identified each item from inventoried list when items were picked up. Ms. Sullivan then requested a second listing matching the printed catalog for the April doll auction. This second listing was sent to Ms. Sullivan on 12/5/05, and basically is the same information submitted in the first listing of 9/15/05. There is no new additional information to submit. Both lists gave prices for each item sold. It's impossible to record what each individual purchased at the auction. 8. For each item sold as itemized above, please advise how the sale was conducted (in person, through a-bay, etc.). ANSWER: A public auction was held with live attendance and on- line (e-bay) audience, a licensed auctioneer, auction clerk and various auction personnel. 9. Please identify any items of Plaintiff which have been returned to you by any purchaser. For each item returned, identify the purchaser's name, address and telephone number. Page 4 listings of 9/1 5/05 and 12/05/05. The names of the unsatisfied customers were not kept. I am aware that the items had a very strong "smoke smell" and that there were dissatisfied customers and items were returned. 10. Please describe the steps taken to care for Plaintiff's property while in your possession. ANSWER: Answered by Catherine E. Diem as I do not have the information to answer the question. Items were stored in an existing doll shop, which was climate controlled. Items were stored in original boxes on shelves in a smoke-free, child-free, pet-free environment and not exposed to sunlight. The building was locked at all times. The building was clean and free of dirt and dust build- up. 11. Please identify why you have not provided Plaintiff with any proceeds checks from sales made. ANSWER: Answered in part by Catherine E. Diem as I do not have all the information to answer the question. I was present when Ms. Denz was in agreement to a lump-sum payment and I was present when the entire auction process was explained to Ms. Denz in great detail. As discussed with Ms. Denz and agreed upon by her, payment would be made in a lump-sum upon all items being sold. UPON THE URGENT REQUEST OF JEANNE DENZ, A PARTIAL PAYMENT OF $1,400.00 WAS MADE TO HER. Because of undisclosed smoke damage to the dolls, there were problems resulting from the April doll auction. A final auction was scheduled in mid-October, 2005, but that sale was stopped by Ms. Sullivan on behalf of Jeanne Denz. AS OF 3/9/06 THERE HAS BEEN NO RESPONSE TO MY NUMBEROUS REQUESTS AS TO THE DISPOSITION OF THE REMAINING ITEMS. Page 5 12. Please identify all items which you allege you purchased individually from the collection of items owned by Plaintiff. For each item, identify the amount you paid for said item. ANSWER: I did not purchase any items from Plaintiff. 1, M, OFFICES I3ARHARA k UNIPLE-SIT1,141VA1 54H MUDGH STRFIkT NEW (`1"YIHEM AND, FF)NN9YI,V?ANIA 17070-1931 1'110Nk 1717? 774-1445 FAX 4717) 774-7089 September 9, 2005 I1&R Auction Attention. k1s. Catherine Diem 2937 Cambridge Road Honey Brook, PA 19344 Re. Jeanne L. Denz Dear Ms. Diem: 1 met with Mrs. Denz. I advised her of the contents of our conversation. She has shared with me prior correspondence with you which indicated that the dolls were to be included in auctions over the summer in June and July. Obviously, you can understand her concerns at this time. The original auction, at which you approximated 75% of her collection being sold, occurred April 16, 2005. It is now almost mid-September and all that she has received is 51,40400. Household items had also been taken and sold. No accounting or check for these items has been received. As I stated in my rnessa le to vrnlr h,4chand, I am mtormatior -ro7e7ore Sentember 15. 2005: I } Using the listing attached to the Consignment Agreement, please identify' the current whereabouts of each doll or doll set. a) If sold, please advise the date of the sale, the purchaser, the amount received, b) If a doll was sold but returned, please also advise the current whereabouts of the doll and provide any communication indicating the reason for the return. 1) 1 1 jo, No. 05 - 6044 VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 2006 Robert L. Diem No. 05 - 6044 VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A Date: 12006 Catherine E. Diem No. 05 - 6044 Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEANNE L. DENZ Plaintiff NO. 05 - 6044 v CATHERINE E. DIEM, JURY TRIAL DEMANDED ROBERT L. DIEM, d/b/a ) H&R AUCTION, and THE ) CAMBRIDGE BEAR & DOLL SHOPPE ) Defendant ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Answers to Interrogatories upon the following person by Federal Express delivery addressed as follows: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: March 2006 0 l ate. Larry B. Maier, Esq. Counsel for Defendants ? \7 ?i ?Vt itl al (_J ?1 II {``' ORIGINAL JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, AND THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' RESPONSE PRODUCTION OF DOCUMENTS REQUESTED FROM DEFENDANTS FROM: Catherine E. Diem d/b/a H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 1) Copies of all receipts, cancelled checks or other documentation evidencing the sale of each item of Plaintiff as identified in your Answer to Interrogatory No. 7. Response from Defendant Catherine E. Diem - Attached as Exhibit "B" is the clerking sheets recorded during the April 16, 2005 auction plus receipts of sale. 2) Copies of all correspondence or other documentation from any purchasers of Plaintiff's items conveying their dissatisfaction with an item. Response from Defendant Catherine E. Diem - this information was not kept. 3) Copies of all receipts, cancelled checks or other documentation evidencing the return of items and reimbursement of monies to purchasers who were not satisfied with Plaintiff's items. Response from Defendant Catherine E. Diem - to be supplied when located. The attached auction clerking sheets are used to record each item sold with the selling price while the auction is taking place. This list is from the doll auction on April 16, 2005. It is a record of what each item originally sold for. It does not reflect the items that were returned. Such returned items are itemized in both the September, 2005 listing and December, 2005 listing sent to plaintiff's counsel. NA - applies to all items that were not associated with plaintiff, they belonged to other consigners. EXHIBIT "B" Elf SCRIPS..E" ON A' s r @ (! 17e Nl; 4?7P?TEf.DN r 1,1-3 f 11W i i ('DF;;(: ttET?T ttAN R FH ..._..._...__ ...._... y _.._.._._._. :DES1;:96PT447N -{f file .w, r, td 4..., at . ?ruithm t : of ? ? r .. '1's r?uics ?.nari i a , n+ ye} et i I =. ?s'q t „ . 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R Lid NPRkF u' ._.___ Nd Uf ??St2Fi66 ""It;"hi 1l.,uf.Nt4"T CaJN 44 A 4 Iµ A. .I .... ,,, ,,. ,. ,. ... _ }J} Fi f l 'L M..d. NWX?Ffl Ate; ? ? µ i F Y' 1 i i.{[ f,C111Ip Ti ON ro a. t O]?.RII !1? iu1 x i .1sG t1E.cGc PF 7IoN Fes! t DESCRIPTION All 1,n, f I a t4 i? (]l d 1 ` 11, % Ill ;,i, %2.11.4 .. .1-.Oil 1r, 11r -1. r, ,• maal r .J7 13f 1cR9 - ,r 1 ins 1.1ef11 If ?` ,nC K 1 x. n el"{ .a Y a' ?E?I:FYYFa7r+JrN .y A.It "'I" M!"', _x. ,3^/' 132+r .., L.J n r_. Cr: i2o }ESP?R4G'"fICYN ^-t r i;"-,.. ll 'f Ill snlr r•. s s. w;Rr M .{nnnnte;>^ ern v??i a1 .u.., m p nr111 n. eM ? ? X'.'k.ti < ^ 'i t3n OMi. MEEK , ???,u e`Fw rT?pp aE:S{aiIPIION f r m D ^CHIP"I'ION -J 1 t5t1Yt ??`.i ?" l.r _.._ DESCRIk*T9ON- Alf 11!" t nrt Iq 11 t.Ye/ Sv'hCf 'eCtlrri LOT .,v ,•rr ,.. t , ^ni i , ,ono ? t , b tou ed?3r Eif YS Gs^^, oei NU ..._ .. M 1ME;i. 43 1 NI FFd ni a 0- , ft J w. ts,ur;y 7 ? i rya AftL NUMBFH,,....._..„: '1I!MBFR__.. NUMBER ....,:_.e.. o r " l t fAM1U?F?. ?-1 ?€.ac Ai, III, IISI M(..l S_Wellli I./A,3 t," 1iy K( .i"Wa'il> ?JI N AlM rE D[SC F71P'P?13? AI. eIIm6 Xk, l.: r,. w , N and ,Id n ,I 1 arty o 1511Y E1{ NUMPER rail ' t I t. CIF 1? {? } CIO, `_nJ e 4?.? 61 . tUi iillTt { ? - ,? ti ?S Cp :3?sc.k3av-sFnra ?A 3U11- I:. 1 ._ , .a t I n , : I ,,, ggp65 ? 4 g. ?1? M ..., ? ? ,.? ?. r. a,? q r ,... ?. ,? *? ?, ar DENZ CONSIGNMENT MEDINA DOLL BY ANNETTE HIMSTEDT PAID MRS. DENZ $550.00 SOLD DOLL $205.49 MY LOSS $340.51 JUNE SALES I 1 I" Lily of the Valley by Kathe Kruse $105.00 1 16" mohair Hermann Oktoberfest bear $ 24.00 1 10" mohair Hermann Molly bear $ 22.00 1 18" mohair Hermann 1995 xmas bear $ 14.00 1 14" mohair Hermann.lester bear $ 85.00 JULY SALES I Gone with the Wind Scarlett doll $ 10.00 1 Gone with the Wind Mrs. O'Hara doll $ 7.00 1 Gone with the Wind Bonnie doll $ 8.00 1 Gone with the Wind Mammy doll $ 16.00 1 Gone with the Wind Belle doll $ 9.00 1 Gone with the Wind Melanie doll $ 10.00 1 22" Spring doll by Susan Wakeen $110.00 1 1990 Jennifer doll by Lee Middleton $ 22.00 1 Molly Rose doll by Lee Middleton $ 16.00 1 1991 Birthday Summer doll by Lee Middleton $ 20.00 1 All porcelain Ginny doll $ 12.00 1 1990 Spring doll by Lee Middleton $ 18.00 1 13" Betsy McCall doll $ 36.00 L> ? l [I # v PA. Y i?YLi? 1 lf4y_ a ? i 1 I!' c ase er'ing/ Lee Middleton $18.00 IV?N' Premium 1,80 lo with insurance S 9.35 ,, , , ,, ;Iw .. Papal ,you. Your business is appredated? i 3urthday Summer gyp. g., wd vvltn insurance 1''l.vv r ent .... Payf)al $12,00 S 3.20 12,15 S47. .a. °ran c you. Your business is appreciated! E )a?j LA AA t #eto {l ,iu v:i i!!ur c 51 4. 4. $16,00 4.40 S12.65 $61,05 W rl ioj"ao4tt tp? cy 0) ?kv * 0, 1 % ku'u? ?, -,t? ? % p 0 I ? O'k a udauctionnews,net .4ntiyare 3' Aani.w New. iipul a, 1'1)05 'S abridge oll ShoPPe ?Ooot-, r r.., is proud to invite you to our upcoming auction on. I APRIL 16th Over 600 Dolts and Bears Lots Mostly All In Pristine Mint Condition, Antique Arenr3t&Gennan +'i;que Knit,ers ? n rx?rtd tioycc Fayzah tipauoa Cabbage 1"I", h 1-bligard Gunze Madame Alexander Lee & Lloyd Middleton Qrieen Anne Heidi Utt (takes Zfgikids steif; Effanbee fierman \ Beaver Va$ey Sears, poll Furniture, 1 poll Clothing; And Much More. eBay Live MIB Plus morem Being held at H&R Auction at 10:00 a.m. - 01 Saturday, April 16th , Preview Friday, April 15th 10 a.m.-8 p.m. and Day of Sale 5-10 a.m. s. Honey Brook, PA For more information call: 610-273-3860 or 717-336-5666 r J? cambridgebear@aol.com mine ferod availzbte 'taarting at 7-60 A M Now aCCUptInK cunsisr,nnton is N'r our nr;xt doll"J"'m 'mrtion on Main [4. . .. °?„ ?, °yY s ?; `?, S DENZ EXPENSES EXPENSES WHERE PAID UP FRONT OUT OF POCKET BY CATHERINE E. DIEM 3,000 colored flyers distributed in PA, MD and NJ $ 210.00 U-Haul truck rental on 2 separate occasions Plus gas $ 500.00 E-Bay live fee to advertise and sell items $1,500.00 Printing of 400 colored catalogs $ 493.65 80% of printing I did myself to cut costs 100 colored catalogs printed for distribution at auction $ 100.00 2 one-quarter page ads in the Antique and Auction News $ 450.00 Postage to mail out 400 catalogs $ 121.40 Over 1000 emails sent to existing customer list of Cambridge Bear Shoppe and H&R Auction Work performed by Catherine Diem for auction preceding April 161h January - 4 weeks @ 30 hours per week = 120 hrs February - 4 weeks @ 30 hours per week = 120 hrs March - 4 weeks @ 30 hours per week = 120 hrs April - 2 weeks @ 30 hours per week = 60 hrs Total is 420 hours @$10.00 per hour $4200.00 Work performed by employee for Auction preceding April 16`h January - 4 weeks @ 10 hours per week = 40 hrs February - 4 weeks @ 10 hours per week = 40 hrs March - 4 weeks @ 10 hours per week = 40 hrs e ,? : • • P wb ?? "' ?, e April - 2 weeks @ 10 hours per week = 20 hrs Total is 140 hours @ $10.00 per hours Auction personnel - day of auction Auctioneer $150.00 Clerk $ 50.00 5 runners @ $40.00 $200.00 Office secretary $100.00 After auction ended $1400.00 $ 500.00 Approximately 150 hours @ $10.00 $1500.00 THIS ADDITIONAL AFTER AUCTION WORK WAS DUE TO THE FACT OF COMPLAINTS AND RETURNS DUE TO "SMOKE ODOR" TOTAL EXPENSES STORAGE $10,975.05 September 911 through end of month = 21 days Month of October = 31 days Month of November = 30 days Month of December = 31 days Month of January, 2006 = 31 days Month of February = 28 days Month of March to date = 14 days Total 186 days @ $5.00 per day = $930.00 No. 05 - 6044 VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: J 0 2006° Catherine E. Diem No. 05 - 6044 Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEANNE L. DENZ Plaintiff NO. 05 - 6044 V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Production of Documents Requested from Defendants upon the following person by Federal Express delivery, addressed as follows: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: March 27, 2006 Larry . Maier, Esq. Counsel for Defendants ORIGINAL JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, AND THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' RESPONSE PRODUCTION OF DOCUMENTS REQUESTED FROM DEFENDANTS FROM: H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 Answered by Catherine E. Diem 1) Copies of all receipts, cancelled checks or other documentation evidencing the sale of each item of Plaintiff as identified in your Answer to Interrogatory No. 7. Response from Defendant Catherine E. Diem - Attached as Exhibit "B" is the clerking sheets recorded during the April 16, 2005 auction plus receipts of sale. 2) Copies of all correspondence or other documentation from any purchasers of Plaintiff's items conveying their dissatisfaction with an item. Response from Defendant Catherine E. Diem - this information was not kept. 3) Copies of all receipts, cancelled checks or other documentation evidencing the return of items and reimbursement of monies to purchasers who were not satisfied with Plaintiff's items. Response from Defendant Catherine E. Diem - to be supplied when located. Page 2 4) Copies of all flyers or advertisements of each auction you participated in with Plaintiff's items. Response from Defendant Catherine E. Diem - 3,000 colored flyers were printed and distributed in Pennsylvania, Maryland and New Jersey. The cost of these flyers was $210.00. Said copy of flyer is attached as Exhibit "C". One-quarter page advertisement with photos was placed in the Antique and Auction Newspaper on 2 separate dates. The cost of these advertisements was $450.00. Said copy of advertisement is attached as Exhibit "D". Items were also on E-bay live auction for several months, photographed and described. E-bay listing fee was $1,500.00. Over 400 colored catalogs were mailed to customers on existing mailing list of Cambridge Bear Shoppe, cost of $493.85 attached as "Exhibit "E". One hundred colored catalogs were printed and available the day of the auction, cost of over $100.00. Over 800 emails were sent to existing customers of H&R Auction. Approximately 25 emails were sent to existing customers of Cambridge Bear & Doll Shoppe with "special interests". 5) Copies of any other documentation supporting your Answers to Interrogatories. Response from Defendant Catherine E. Diem - to be supplied when located. 6) Copies of any expert reports you plan to submit at trial. Response from Defendant Catherine E. Diem - to be determined. 7) Attach all exhibits you plan to submit at trial. Response from Defendant Catherine E. Diem - to be determined. DATED: March 14, 2006 No. 05 - 6044 VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 2006 atherine E. Diem No. 05 - 6044 Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEANNE L. DENZ Plaintiff V. NO. 05 - 6044 JURY TRIAL DEMANDED CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE Defendant CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Production of Documents Requested from Defendants upon the following person by Federal Express delivery, addressed as follows: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: March 27, 2006 Larry . Maier, Esq. Counsel for Defendants o GINAL JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, AND THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANTS' RESPONSE PRODUCTION OF DOCUMENTS REQUESTED FROM DEFENDANTS FROM: Robert L Diem d/b/a H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 Answered by Catherine E. Diem 1) Copies of all receipts, cancelled checks or other documentation evidencing the sale of each item of Plaintiff as identified in your Answer to Interrogatory No. 7. Response from Defendant Catherine E. Diem - Attached as Exhibit "B" is the clerking sheets recorded during the April 16, 2005 auction plus receipts of sale. 2) Copies of all correspondence or other documentation from any purchasers of Plaintiffs items conveying their dissatisfaction with an item. Response from Defendant Catherine E. Diem - this information was not kept. 3) Copies of all receipts, cancelled checks or other documentation evidencing the return of items and reimbursement of monies to purchasers who were not satisfied with Plaintiffs items. Response from Defendant Catherine E. Diem - to be supplied when located. Page 2 4) Copies of all flyers or advertisements of each auction you participated in with Plaintiff's items. Response from Defendant Catherine E. Diem - 3,000 colored flyers were printed and distributed in Pennsylvania, Maryland and New Jersey. The cost of these flyers was $210.00. Said copy of flyer is attached as Exhibit "C". One-quarter page advertisement with photos was placed in the Antique and Auction Newspaper on 2 separate dates. The cost of these advertisements was $450.00. Said copy of advertisement is attached as Exhibit "D". Items were also on E-bay live auction for several months, photographed and described. E-bay listing fee was $1,500.00. Over 400 colored catalogs were mailed to customers on existing mailing list of Cambridge Bear Shoppe, cost of $493.85 attached as "Exhibit "E". One hundred colored catalogs were printed and available the day of the auction, cost of over $100.00. Over 800 emails were sent to existing customers of H&R Auction. Approximately 25 emails were sent to existing customers of Cambridge Bear & Doll Shoppe with "special interests". 5) Copies of any other documentation supporting your Answers to Interrogatories. Response from Defendant Catherine E. Diem - to be supplied when located. 6) Copies of any expert reports you plan to submit at trial. Response from Defendant Catherine E. Diem - to be determined. 7) Attach all exhibits you plan to submit at trial. Response from Defendant Catherine E. Diem - to be determined. DATED: March 14, 2006 No. 05 - 6044 VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: 3 2006 Robert L. Diem No. 05 - 6044 Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEANNE L. DENZ Plaintiff NO. 05 - 6044 V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Production of Documents Requested from Defendants upon the following person by Federal Express delivery, addressed as follows: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: March 27, 2006 Larry . Maier, Esq. Counsel for Defendants n co ty ii L-; No. 05 - 6044 ORIGINAL Larry B. Maier, Esq. Attorney I.D. #2t412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEANNE L. DENZ Plaintiff NO. 05 - 6044 v JURY TRIAL DEMANDED CATHERINE E. DIEM, ) ROBERT L. DIEM, d/b/a ) H&R AUCTION, and THE ) CAMBRIDGE BEAR & DOLL SHOPPE ) Defendant } TO THE PROTHONOTARY: ENTRY OF APPEARANCE Please enter my appearance on behalf of Defendants in the above-captioned matter. Date: March 0-' 1 , 2006 Q-K? Larry l. Maier, Esq. Attorney for Defendant Attorney I.D. #21412 rv.? >> 7 G? i W (' 1 `? 7 . ? _:c _:-. i=?: a 1 A .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, : Jury Trial Demanded And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this notice and pleading are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleading or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Al ' 1 Barbara. Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, : Jury Trial Demanded And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants COMPLAINT Plaintiff is Jeanne L. Denz, an adult individual residing at 142 Red Haven Road New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendants are Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and the Cambridge Bear & Doll Shoppe who operate a business known as H&R Auction and the Cambridge Bear and Doll Shoppe with a principle place of business located at 2937 Cambridge Road, Honey Brook, Chester County, Pennsylvania 19344. 3. At all times relevant, Defendant Catherine E. Diem, on her own behalf and on behalf of Defendant Robert L. Diem, represented to Plaintiff that she was an expert in doll collection, valuation, and sale. 2 Ai 4. Relying on Defendant Catherine E. Diem's representations of her expertise, Plaintiff entered into a Consignment Agreement with Defendants on or about December 1, 2004 (hereinafter referred to as the "Agreement"), by which she entrusted them with the sale of her doll collection and other household items. This collection has an estimated value in excess of Fifty-Five Thousand Dollars ($55,000.00). A true and correct copy of the Agreement is attached hereto as Exhibit A. 5. Pursuant to the Agreement, Defendants, using their expertise, were to sell Plaintiff's private doll collection at a cataloged auction specifically scheduled for Plaintiff's collection, as well as E-bay live auctions, on April 16, 2005. 6. The Agreement further provided that Defendants would advertise the auction, transport the dolls from Plaintiff's home and would receive Twenty percent (20%) commission on the total sales of Plaintiff's collection. 7. The doll items for sale included Eight Hundred Thirty-Seven (837) dolls. 8. Plaintiff further allowed Defendants to take One Hundred Eighty-Two (182) other household items for sale at their auction house. These items included: a) Box of 12 English Pubs 3 b) Butcher block table c) Wooden doll house with furniture d) Large wooden doll house e) Box of trains and track f) 78 records g) 50 doll stands h) 1 doll case i) Wooden desk j) Wooden rocker k) Raggedy Ann rocker 1) Wooden doll wardrobe m) Wooden doll bureau n) Wooden high chair o) Doll beds (2) p) Doll cradle q) Doll benches (3) r) Doll shoes, socks, hats, clothes, wigs s) Antique doll clothing t) Display case u) Collector plates (3) v) Doll books (18) w) Antique child's tea set 9 10 11 A limited, initial auction was conducted by Defendants on April 16, 2005, from which Defendant reported proceeds of Three Thousand Eight Hundred Sixty-Five Dollars ($3,865.00) after the sale. Defendants did not advise Plaintiff of how many or which items were in fact sold. On or about June 13, 2005, Defendants provided Plaintiff with a check in the amount of One Thousand Four Hundred Dollars ($1,400.00) as partial payment 4 4 A ! , for the dolls and other items sold at the April 16, 2006 auction. A true and correct copy of the letter from Defendants dated June 13, 2006 is attached hereto as Exhibit B. 12. Defendants gave no reason as to why they did not remit the entire Eighty (80%) percent of the proceeds due to Plaintiff after the April 16, 2005 sale. 13. A second auction was allegedly held on June 25, 2005 that included a live audience and E-Bay Live auction. Additional auctions were alleged to have been held by Defendants on July 9, 2005 and July 23, 2005 by E-Bay Live auction. 14. Defendants have now reported to Plaintiff that they have sold a total of One Hundred Eighty-Two (182) items. Nineteen (19) of the items were sold after the April 16, 2005 auction in which they only received an additional One Thousand Five Hundred Twenty-One Dollars ($1,521.00) from these sales. This total included the proceeds of a sale directly to the Defendants of one doll (a Medina doll by Annette Himstedt) for Five Hundred Fifty Dollars ($550.00). This later sum was paid to Plaintiff in addition to the One Thousand Four Hundred Dollars ($1,400.00) referenced in Paragraph 11 above. 5 t- . t f 15. The proceeds received were significantly below market value for many of Plaintiff's dolls in her collection. 16. Plaintiff never received any further proceeds from the additional auction sales. 17. Defendant has never provided an appropriate accounting concerning the disposition of the household items or dolls and Plaintiff is unaware of what items were actually sold, at what price they were sold, and what items remain in the possession of the Defendants. 18. It is believed and therefore averred that as many as Six Hundred Eighty-Six (686) items of Plaintiff's collection are still in the possession of Defendants. 19. After no proceeds or report were received from Defendants on any subsequent auctions, Plaintiff, through her counsel, contacted Defendants on or about August 15, 2005, requesting an accounting of and the status of the collections, including the proceeds from the April, June and July auctions. 20. An additional letter was sent to Defendants from Plaintiff, through counsel, on September 9, 2005, requesting additional information and requesting that no other items be sold until the accounting is verified. A true and correct copy of the letter is attached hereto as Exhibit C. 6 ! . I I 21. On or about July 10, 2006, Plaintiff requested return of all items from Defendants that had not been sold, together with monies due to Plaintiff that Defendant was holding. Return has not been forthcoming. 22. Plaintiff believes and avers that without her knowledge, some items in her collection were placed for sale at Defendant Cambridge Bear and Doll Shoppe and the proceeds not tendered. 23. To date, the items have not been returned, a satisfactory accounting of sales has not been made and payment has not been received from Defendants for items sold. COUNTI BREACH OF CONTRACT 24. Paragraphs 1 through 23 are incorporated herein by reference. 25. Plaintiff and Defendants entered into an Agreement for the sale of Plaintiff's private doll collection and other miscellaneous household items. 26. Defendants were to use their expertise in the sale of Plaintiff's collectibles with good faith and care and for an appropriate market value. 7 27. The Agreement also provided that Plaintiff would receive Eighty (80%) percent of the total sale proceeds. 28. Plaintiff has knowledge of at least Five Thousand Two Hundred Forty-Nine Dollars ($5,249.00) being realized from the sales, but is without knowledge as to what other proceeds have been realized by Defendants due to an inappropriate accounting. 29. Plaintiff avers that additional proceeds were received and not accounted for by Defendants. 30. Defendants breached the Agreement between the parties by failing to provide Plaintiff's share of the proceeds of the auction to Plaintiff. By their own accounting, Plaintiff should have been paid at least Four Thousand Three Hundred Eight Dollars and 80/100 ($4,308.80) as a resulted of reported sales, but has only received One Thousand Nine Hundred Fifty Dollars ($1,950.00). 31. Plaintiff believes and therefore avers that additional proceeds of the remaining items should be tendered. 32. Further, Defendants failed to use due care and diligence in the sales and did not secure reasonable values in the marketing and sale of the items. t. . 33. Defendants breached the Agreement with Plaintiff by not returning unsold items to the Plaintiff upon demand and after breach by Defendants. 34. Defendants are still retaining items of Plaintiff's collections with an approximate value in excess of Twenty Thousand Dollars ($20,000.00). WHEREFORE, Plaintiff seeks return of all unsold items and damages in excess of Thirty Five Thousand Dollars ($35,000.00) plus, interest, attorney's fees and costs of suit. COUNT II BAD FAITH BREACH OF CONTRACT 35. Paragraphs 1 through 34 are incorporated herein by reference. 36. Defendants breached the Agreement for the sale of Plaintiff's private doll collection and other miscellaneous household items by failing to use good faith in the execution of their duties as consignees. 37. Defendants breached their imposed duty of good faith and fair dealing in the performance of the contract by failing to properly advertise, sell and account for the items and by failing to remit the proceeds and return the unsold items to Plaintiff. 9 38. As a direct result of Defendants' actions, omissions and failure to uphold the duty of good faith when dealing with the contract, Plaintiff sustained certain damages in the form of lost property. WHEREFORE, Plaintiff seeks return of all unsold items and damages in excess of Thirty Five Thousand Dollars ($35,000.00) plus, interest, attorney's fees and costs of suit. COUNT III PROMISSORY ESTOPPEL 39. Paragraphs 1 through 38 are incorporated herein by reference. 40. Defendants are merchants who held themselves out as experts in the sale and liquidation of personal property, especially dolls. 41. Defendants represented that they had the knowledge and were experienced in consignment sale of collector dolls and other items included in Plaintiff's collection and that they would sell Plaintiff's collection at the appropriate market prices. 42. In reliance on the representations of Defendants, Plaintiff entrusted the dolls to Defendants and believed her entire collection would be sold at an auction on 10 e . . . April 16, 2005 by an expert and fair market value would be received from the sale. 43. Defendants failed to meet the obligations of the Agreement in that: a. The auctions were not conducted as represented and proceeds were not remitted; b. Defendants sold numerous items extremely below market value; c. Defendants did not place approximately Fifty-Eight (58) of the items in the catalog and they were not included in the accounting; and d. Additional items not belonging to Plaintiff were included in the catalog for the auction which has caused confusion to Plaintiff and has made the accounting process difficult. 44. Plaintiff relied on the above representations of Defendants and has now suffered a loss of at least Thirty Five Thousand Dollars ($35,000.00). WHEREFORE, Plaintiff seeks return of all unsold items and damages in excess of Thirty Five Thousand Dollars ($35,000.00) plus, interest, attorney's fees and costs of suit. Date: July 24, 2007 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff Supreme Court ID #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 11 f,C f/ dA-) CONSIGNMENT AGREEMENT This Consignment Agreement is between Catherine E Diem and Robert L Diem, doing business as H&R , 2937 Cambridge Road, Honey Brook, PA 19344 phon # 610-273-205T (hereinafter referred to as "H&R Auction") and Jean Denz, 120 Allendale Way, Camp Hill, PA 27046 (hereinafter referred to as "Seller"). H&R Auction is an established auction house in business for the last twenty-five (25) years at 2937 Cambridge Road, Honey Brook, PA 19344. Email address: Hand RAuction@aol.com. An agreement between H&R Auction and Seller is in effect that H&R Auction will sell at auction Seller's private doll collection. H&R Auction agrees to pick up said collection from Seller's residence. H&R Auction will set up a specialty doll auction for this collection. This auction will be a cataloged auction. H&R Auction will catalog the auction and advertise same. The auction will also be on E-Bay Live Auction. H&R Auction will use their existing doll collector's mailing list, and their current customer email mailing listing, also to promote this sate. H&R Auction will be paid twenty percent (20%) commission of the total sale for above services. a . J --- t--. - Catherine E. Diem Robe Diem ,-jean Denz Date Date 12- s c? Date Date ?p Dolls received on 12/01/04 by H&R Auction are as follows: k) laz- rmzAj, PJtZ/ om? a) to ,. _ ja,7 ?q?) a y7t, - A7) E ov-j WA PL WP;ti-,L / 6 dA4? - I"-n-E (/j Ma ?vkt&) - ??t. gaoa. 40,t. x'90'0 ' 0-tt-I o LqQo/ -r C2 fir ) C ?f tbl -'Z? P't - ax? t) ?? ?- as ?'"? 7nz6 loan :Eta' A r?g?,n Dn 3? ? "? ?nzLh 95? NA. lea t ? er? d -7 a'o ' II L4 PO?vn w 6-x - cal era - ??? o) k ?Jot- WIT $3 /4x/ &.,- -5- k;5pt. s mzb .rnZO'??° ?y 9???-tea B) ? a°"^g- P°N.P?. r?k bw? dm?C?-?.,zr? 44A Nta) a)a da-Pln"I- Aft c a - d4L ?) ? Pco?Q 6? J ol Q ,o> v .. aakP? -? -a,ua? o1) 1 3?K?a 3 b C-BA(t4?, (-Ij a# 63) 4 ?aucQa.,.+ J,s) a. C k:n-? d44) .p7) ??? ra)1 wmPd R1?t U? ? 4) 3 fo-t,? nn? b ,w? ?- ?Z a 7s) 1 fqt?) nfntA 19onw. -. -cwt- i ?a,-6 1#410 4 gvwc/ kwo -72L4 n Ra.B?I Pte/ 4t p)abaa?o-? Q1u,.R-19? -P?? I3? ? 8,le-, K?J -mzo -?"?IZ qq) z raf-v? ?ta,-A? qs) a 4ta? Kn2.d. Vr?e ? e?- ?r3 q?> qg) , ryi1 an,?e? 0 r The Cambridge Bear & Doll Shoppe Located at The Railway Station 1807 N. Reading Road, Route 272 Stevens, PA 17578 717-336-5666 email - cambridgebear@aol.com June 13, 2005 Jeanne Denz 120 Allendale Way Camp Hill, PA Re: Doll Auction Dear Jeanne: Enclosed please find a check in the amount of $1,400.00. This check is a partial payment on the dolls you have consigned to be sold at auction. I sent a partial payment because under your moving circumstances, and by our conversations, it seemed you were anxious to have some type of payment. The payment is partial because: 1) As you know, I am not finished working-on our collection. 1 am having another doll/bear auctio une 25th which will be a live audience and an ebay auctio I am also having 2, additional doll/bear auctions on my th and July 231 both will be ebay auctions. 2) The remainder of your items will be listed in the above mentioned follow-up auctions. When you deal with internet bidders, often people bid on items and do not follow up with their bidding process and do not pay for the item, and that is the case with some of your dolls and bears that will be resold. 3) On the items I sold to internet bidders I listed the dolls and bears as coming. from a "smoke-free environment", which I had believed they did. I did not smell lingering smoke when I was at your home and I did not see you smoke while I was there. However 1 have had several complaints that the. ;items did smelt of smoke and because I advertised them as°;coming from a "smoke-free environment", I had to refund: the customer's money, upon return of the item. If I: did. not refund the money I run the risk of receiving "negative feedbacks" which will destroy my internet business. As you know, I have been selling on ebay for over 5 years and have never had a problem with a customer concerning the product they purchased. Maybe you had purchased a doll or bear with a smoke smell and didn't realize it and placed it with your other items, thus spreading the smoke smell. While your items were in my possession I stored them in my own bear shop where SMOKING 1S PROHIBITED because of my own inventory in the shop. The auction environment is also non-smoking. As soon as 1 have everything completed (a normal collection auction of this type with internet ' bidding takes between 6 and 8 weeks to completely finalize) I will send you the remainder of your payment plus an itemized list of each item and the price it sold for. In the meantime, if you have any questions, please don't hesitate to contact me. Right now with my schedule the best place to reach me is the auction house which number is 610-273-2051. Good luck in your new home. Fondly, LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1981 PHONE (717) 774-1445 FAX (717) 774-7059 September 9, 2005 H&R Auction Attention: Ms. Catherine Diem 2937 Cambridge Road Honey Brook, PA 19344 Re: Jeanne L. Denz Dear Ms. Diem: I met with Mrs. Denz. I advised her of the contents of our conversation. She has shared with me prior correspondence with you which indicated that the dolls were to be included in auctions over the summer in June and July. Obviously, you can understand her concerns at this time. The original auction, at which you approximated 75% of her collection being sold, occurred April 16, 2005. It is now almost mid-September and all that she has received is $1,400.00. Household items had also been taken and sold. No accounting or check for these items has been received. As I stated in my message to your husband, I am requesting the following information on or before September 15, 2005: 1) Using the listing attached to the Consignment Agreement, please identify the current whereabouts of each doll or doll set. a) If sold, please advise the date of the sale, the purchaser, the amount received. b) If a doll was sold but returned, please also advise the current whereabouts of the doll and provide any communication indicating the reason for the return. 4 , , , " f H&R Auction Attention: Ms. Catherine Diem September 9, 2005 Page 2 c) If not sold, please advise of the current whereabouts of each doll. 2) Please provide the same descriptive information as referenced above for the household items consigned. 3) Please itemize any charges to the gross profits, including any monies which you have taken as commission or expense reimbursement. 4) Please provide me with details related to your anticipated future auction. This should include the date, whether it will be live or e- bay, the location of the items. Pending verification of the accounting as listed above, please note that you are not authorized to make any further sales on behalf ofMrs. Denz until further notice. Thank you for your anticipated cooperation iv Sing i? Barbara Sumple-Sullivan BSSAh cc: Ms. Jeanne L. Denz Dolls received on 12/01/04 by H&R Auction are as follows: Cyrt. 7) trp-e 441-A Pqt?-Wk;zl,-L - 6 do-e&J -7)T8 ( W OL-M f,)Cq&)-nt. "aCo,- s) g),ry RAT t4Ae47) d4& -'?n 7, R 4"Villo- f *40 .- ?) ?? ? as ? -_mzb -t`r3 - P? -mr(h ew4 ii Q,?D ya. w _?z a) ? ? g r9g l d ??-,,COI a p-tW 70 c-Z 1-7 v)y D?-?w?°rFs 6a?6a?-?nzM a) v ? d.P?. ?1 Pfd 7? I ?+5? ?cLkL J i Pw.Q 6n?? a??? ??P7G -Ju?u°^' `Or?dd ti Ids pulpt?.onz6 A-Ifif Nn,(? 17) lya - s) n Rated ?/ y?a Ql?ra„a _cat, #/os- AAA- fA-e ;) 7-Cv?-Fw t-7nr0-?A.t. ?3sa- g) 1 ?+? ??io-& e r ??a1 qq) t)a R?P-? , DnaY??•2?l t } Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, : Jury Trial Demanded And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants VERIFICATION I, JEANNE L. DENZ, hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A., 4904 relating to unsworn falsification to authorities. DATED: 2007 r Je " e L. Denz Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, : Jury Trial Demanded And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of Plaintiff's Complaint, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Larry B. Maier, Esquire 1390 West Main Street Ephrata, PA 17522 DATED: July 25, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff 12 ?.? ? ? ?, - ?? I h ? •???{ _ ? ?T? 4 ?f ?? ?? •• ... +••M na'SINAL Larry B. Maier, Esquire Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone: (717) 733-8604 Facsimile: (717) 738-1499 Attorney for Defendant JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANTS CATHERINE E. DIEM and ROBERT L. DIEM as INDIVIDUALS and d/b/a H&R AUCTION A. FAILURE TO COMPLY WITH LOCAL RULES OF CIVIL PROCEDURE. 1. Cumberland County Local Rule of Civil Procedure rule 1301-1 requires that any case with a demand amount less than Fifty Thousand Dollars ($50,000.00) shall be referred to arbitration. 2. Plaintiff's Complaint includes a demand for a jury trial. 3. All of her demand clauses in Counts I, II and III demand judgment in excess of "...thirty-five thousand dollars ($35,000.00)...." 4. The specific allegations included within Plaintiffs Complaint do not total Fifty Thousand Dollars or more. WHEREFORE, Defendants request that Plaintiffs Complaint be dismissed. 1 B. INSUFFICIENT PLEADINGS 1. Plaintiff's Complaint contains various allegations of specific values of items, numbers of items, and economic losses. 2. Such allegations either are inconsistent with other specific allegations contained within the Complaint or are so vague so as to deny the Defendants both adequate knowledge of the claims being asserted against them and/or sufficient information to enable them to plead a defense, in that: a. In Paragraph 4, Plaintiff states "This collection has an estimated value of in excess of Fifty-Five Thousand Dollars ($55,000.00)." The word "estimated" and the phrase "in excess of' fail to provide adequate specificity in at action at law for breach of contract. b. The amount referenced in Paragraph 2.a. above is contradicted in Plaintiff's Paragraph 34 where the Complaint provides "Defendants are still retaining items of Plaintiff's collections with an approximate value in excess of Twenty Thousand Dollars ($20,000.00)" despite the fact that in Paragraphs 9, 14 and 28 of the Complaint Plaintiff alleges that all of the items that were sold totaled either $5,386.00 or $5,249.00, neither of which, when added to the aforesaid $20,000.00, totals $55,000.00. c. Paragraph 9 alleges that $3,865.00 worth of items were sold at one time, while Paragraph 14 alleges $2,071.00 worth of items were sold later for a total, when combined with Paragraph 9, of $5,936.00 However, Paragraph 28 alleges a total realized from the sale to be "...at least Five Thousand Two Hundred Forty-Nine Dollars ($5,249.00)...." d. The enumerated estimated value of all of the items allegedly delivered to Defendants for sale at auction set forth in Plaintiffs Exhibit "A" total $13,692.00, which corresponds with neither the $55,000.00 nor $20,000.00 plus actual sales. e. Paragraph 7 alleges that 837 dolls were delivered to Plaintiffs, and Paragraph 8 alleges 182 items of other household goods were also delivered. However, Plaintiff's Exhibit "A" contains an itemized list of combined dolls and household items which total only 513 rather than the alleged 1,019 items delivered. Further, Plaintiff has failed to allege the delivery of any items other than those listed in her Exhibit "A." 2 f. Throughout her Complaint, Plaintiff has alleged that Defendants were to sell her items at auction "...for an appropriate market value..." or words to that effect. However, the written contract attached to Plaintiff's Complaint does not include a contractual obligation to obtain an "...appropriate market value..." or a provision that all items were to be sold subject to a reserve (except for two items), and Plaintiff has failed to allege any separate oral agreement or oral modification that would have contractually obligated Defendants to sell the items only if they were bid up to an "...appropriate market value..." WHEREFORE, Defendants request that Plaintiff's Complaint be dismissed. C. DEMURRER 1. Counts I, It, and 111, either separately or together, fail to state a claim upon which relief may be granted against any of the Defendants in that: a. Throughout her Complaint, Plaintiff has alleged that Defendants were to sell her items at auction "...for an appropriate market value...," or words to that effect. However, the written contract attached to Plaintiff's Complaint does not include a contractual obligation to obtain an "...appropriate market value...," or that the items were to be sold subject to a reserve (except for two items). Further, Plaintiff has failed to allege any separate oral agreement or oral modification of the written contract that would have contractually obligated Defendants to sell the items only if they were bid up to an "...appropriate market value." Therefore, Plaintiff has alleged a breach of a contract without alleging that such a contract existed. b. Each of Plaintiffs counts contains a demand for relief which includes "...Plaintiff seeks return of all unsold items..." Plaintiff has not plead an action in replevin and cannot receive replevin as part of a breach of contract action at law. Further, an action in replevin must be filed in Chester County, Pennsylvania, where the items are alleged to be located, pursuant to Pa. R.C.P. Rule 1072. In the alternative, the Plaintiff has failed to allege the items are located in Cumberland County, Pennsylvania. Therefore, Plaintiff has failed to provide sufficient allegations which would entitle her to the relief of the return of specific items of personal property as demanded in her Complaint. 3 C. Plaintiff alleges in her Complaint, as a basis for being entitled to relief, that Defendants failed to obtain an "...appropriate market value..." for certain items sold at auction. Plaintiff did not allege that the auction was held in a commercially unreasonable or ineffective manner. As a matter of law, the price received for an item of personalty sold at a reasonably conducted public auction is that item's fair market value. Therefore, Defendants must be deemed, as a matter of law, to have obtained an "...appropriate market value..." for the items sold and, as a result, any claim for relief based on that allegation must fail. WHEREFORE, Defendants request that Counts 1, II and III of Plaintiff's Complaint be dismissed. Date: August 9, 2007 Larry B. 14aier, Esq. Attorney for Defendants Attorney I.D. #21412 4 JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Preliminary Objections upon the following person, by first-class mail, addressed as follows, which service satisfies the requirements of Pa. R.C.P. No. 440: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: August 9, 2007 By:" Larry . Maier, Esq. Attorney for Defendants Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 5 C". .---?? I- S? Larry B. Maier, Esquire Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone: (717) 733-8604 Facsimile: (717) 738-1499 Attornev for Defendant JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS OF DEFENDANT THE CAMBRIDGE BEAR & DOLL SHOPPE A. FAILURE TO COMPLY WITH LOCAL RULES OF CIVIL PROCEDURE. 1. Cumberland County Local Rule of Civil Procedure rule 1301-1 requires that any case with a demand amount less than Fifty Thousand Dollars ($50,000.00) shall be referred to arbitration. 2. Plaintiffs Complaint includes a demand for a jury trial. 3. All of her demand clauses in Counts I, II and III demand judgment in excess of "...thirty-five thousand dollars ($35,000.00)...." 4. The specific allegations included within Plaintiffs Complaint do not total Fifty Thousand Dollars or more. WHEREFORE, Defendant The Cambridge Bear & Doll Shoppe requests that Plaintiffs Complaint be dismissed. 1 B. INSUFFICIENT PLEADINGS 1. Plaintiffs Complaint contains various allegations of specific values of items, numbers of items, and economic losses. 2. Such allegations either are inconsistent with other specific allegations contained within the Complaint or are so vague so as to deny the Defendants both adequate knowledge of the claims being asserted against them and/or sufficient information to enable them to plead a defense, in that: a. In Paragraph 4, Plaintiff states "This collection has an estimated value of in excess of Fifty-Five Thousand Dollars ($55,000.00)." The word "estimated" and the phrase "in excess of fail to provide adequate specificity in at action at law for breach of contract. b. The amount referenced in Paragraph 2.a. above is contradicted in Plaintiffs Paragraph 34 where the Complaint provides "Defendants are still retaining items of Plaintiffs collections with an approximate value in excess of Twenty Thousand Dollars ($20,000.00)" despite the fact that in Paragraphs 9, 14 and 28 of the Complaint Plaintiff alleges that all of the items that were sold totaled either $5,386.00 or $5,249.00, neither of which, when added to the aforesaid $20,000.00, totals $55,000.00. C. Paragraph 9 alleges that $3,865.00 worth of items were sold at one time, while Paragraph 14 alleges $2,071.00 worth of items were sold later for a total, when combined with Paragraph 9, of $5,936.00 However, Paragraph 28 alleges a total realized from the sale to be "...at least Five Thousand Two Hundred Forty-Nine Dollars ($5,249.00)...." d. The enumerated estimated value of all of the items allegedly delivered to Defendants for sale at auction set forth in Plaintiffs Exhibit "A" total $13,692.00, which corresponds with neither the $55,000.00 nor $20,000.00 plus actual sales. e. Paragraph 7 alleges that 837 dolls were delivered to Plaintiffs, and Paragraph 8 alleges 182 items of other household goods were also delivered. However, Plaintiffs Exhibit "A" contains an itemized list of combined dolls and household items which total only 513 rather than the alleged 1,019 items delivered. Further, Plaintiff has failed to allege the delivery of any items other than those listed in her Exhibit "A." 2 f. Throughout her Complaint, Plaintiff has alleged that Defendants were to sell her items at auction "...for an appropriate market value..." or words to that effect. However, the written contract attached to Plaintiff's Complaint does not include a contractual obligation to obtain an "...appropriate market value..." or a provision that all items were to be sold subject to a reserve (except for two items), and Plaintiff has failed to allege any separate oral agreement or oral modification that would have contractually obligated Defendants to sell the items only if they were bid up to an "...appropriate market value..." WHEREFORE, Defendant The Cambridge Bear & Doll Shoppe requests that Plaintiffs Complaint be dismissed. C. DEMURRER 1. Counts I, 11, and III, either separately or together, fail to state a claim upon which relief may be granted against any of the Defendants in that: a. Throughout her Complaint, Plaintiff has alleged that Defendants were to sell her items at auction "...for an appropriate market value...," or words to that effect. However, the written contract attached to Plaintiffs Complaint does not include a contractual obligation to obtain an "...appropriate market value...," or that the items were to be sold subject to a reserve (except for two items). Further, Plaintiff has failed to allege any separate oral agreement or oral modification of the written contract that would have contractually obligated Defendants to sell the items only if they were bid up to an "...appropriate market value." Therefore, Plaintiff has alleged a breach of a contract without alleging that such a contract existed. b. Each of Plaintiffs counts contains a demand for relief which includes "...Plaintiff seeks return of all unsold items..." Plaintiff has not plead an action in replevin and cannot receive replevin as part of a breach of contract action at law. Further, an action in replevin must be filed in Chester County, Pennsylvania, where the items are alleged to be located, pursuant to Pa. R.C.P. Rule 1072. In the alternative, the Plaintiff has failed to allege the items are located in Cumberland County, Pennsylvania. Therefore, Plaintiff has failed to provide 3 sufficient allegations which would entitle her to the relief of the return of specific items of personal property as demanded in her Complaint. C. Plaintiff alleges in her Complaint, as a basis for being entitled to relief, that Defendants failed to obtain an "...appropriate market value..." for certain items sold at auction. Plaintiff did not allege that the auction was held in a commercially unreasonable or ineffective manner. As a matter of law, the price received for an item of personalty sold at a reasonably conducted public auction is that item's fair market value. Therefore, Defendants must be deemed, as a matter of law, to have obtained an "...appropriate market value..." for the items sold and, as a result, any claim for relief based on that allegation must fail. d. The Plaintiff has failed to allege any contractual relationship between herself and the Defendant, or any other cause of action. WHEREFORE, Defendant The Cambridge Bear & Doll Shoppe requests that Counts I, II and III of Plaintiff's Complaint be dismissed. Date: August 9, 2007 Larry B. aier, Esq. Attorney for Defendants Attorney I.D. 421412 4 JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Preliminary Objections upon the following person, by first-class mail, addressed as follows, which service satisfies the requirements of Pa. R.C.P. No. 440: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: August 9, 2007 BY: ' Gam" - Larry A. Maier, Esq. Attorney for Defendants Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 5 r-? . ..., ? : ? y . ?.y}i?: _ r "??, r? f r? ?` S , J hhh ? ? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this notice and pleading are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the pleading or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants AMENDED COMPLAINT 1. Plaintiff is Jeanne L. Denz, an adult individual residing at 142 Red Haven Road New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendants are Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and the Cambridge Bear & Doll Shoppe who operate a business known as H&R Auction and the Cambridge Bear and Doll Shoppe with a principle place of business located at 2937 Cambridge Road, Honey Brook, Chester County, Pennsylvania 19344. 3. At all times relevant, Defendant Catherine E. Diem, on her own behalf and on behalf of Defendant Robert L. Diem, represented to Plaintiff that she was an 2 a „ expert in doll collection, valuation, and sale. Defendant Catherine E. Diem, also represented that Defendant, Robert L. Diem, had experience and expertise in the auction and sale of household items. 4. Relying on Defendant Catherine E. Diem's, representations of Defendants' expertise, Plaintiff entered into a written Consignment Agreement with Defendants on or about December 1, 2004 (hereinafter referred to as the "Agreement") by which she entrusted to them the sale of her doll collection and other household items. To the best of Plaintiff's knowledge and belief, the doll collection had a value of Fifty-Three Thousand Five Hundred Thirty-Five 16/100 ($53,535.16). A true and correct copy of the Agreement is attached hereto as Exhibit A. 5. Pursuant to the agreement between the parties, Defendants, using their expertise, were to sell Plaintiff's extensive private doll collection at specialty doll auctions specifically scheduled for Plaintiff's collection, as well as E-bay Live Auctions. 6. Defendants were to use their existing doll collectors mailing list and other current customer e-mail mailing listings to promote the sale. 3 4 1A 7. At all times relevant, Plaintiff advised the Defendants that she only wanted the items to be listed for sale during a time period when Defendants believed market value could be received. 8. At all times relevant, Defendant Catherine Diem, assured Plaintiff that the market was going to sustain a fair and reasonable return on the collection at sale. 9. Defendants told Plaintiff that they would return to her residence all unsold items. 10. The Agreement further provided that Defendants would receive Twenty percent (20%) commission on the total sales for their services. 11. On December 1, 2004, Defendants removed from Plaintiff's home all items identified on the Consignment Agreement attached hereto as Exhibit A. 12. A subsequent pickup of additional items occurred in February, 2005, during which Defendants removed other items consigned from Plaintiff's collection. Said items are described on Exhibit B and incorporated herein by reference. 4 10 13. A limited, initial auction was conducted by Defendants on April 16, 2005, after which Defendant, Catherine Diem, advised Plaintiff that she was unable to account for the amounts received at the auction. Defendant, Catherine Diem, only represented to Plaintiff that she had sold the "S.F.B.J." French Bisque Doll for Six Hundred Seventy-Five Dollars ($675.00) which was in excess of Plaintiff's estimated value for the doll. 14. Plaintiff was not at that time advised by Defendants which other items were in fact sold or how those sales compared to the market value. 15. On or about June 13, 2005, approximately two months from the initial auction, Defendants provided Plaintiff with a check in the amount of One Thousand Four Hundred Dollars ($1,400.00) as partial payment for the dolls and other items sold at the April 16, 2006 auction. A true and correct copy of the letter from Defendants dated June 132 2006, is attached hereto as Exhibit C. 16. To date, in addition to the One Thousand Four Hundred Dollars ($1,400.00) paid on June 13, 2005, Defendant Catherine Diem, has only remitted to Plaintiff the additional sum of Five Hundred Fifty Dollars ($550.00) due for a direct sale by Plaintiff of a Medina doll directly to Defendant Catherine Diem. This transaction of sale of the Medina doll was outside of the consignment service agreement. 17. After significant discovery, Defendants have reported to Plaintiff that they have sold a total of Seven Hundred Forty Two (742) items (which items Plaintiff valued at Forty-Two Thousand Five Hundred Seventy Dollars and 42/100 ($42,570.42). 18. Defendants indicate that they received gross sales receipts of Eight Thousand Nine Hundred Ninety Dollars ($8,990.00) for the entire sale of the Seven Hundred Forty-Two (742) items. Such receipts were Thirty-Three Thousand Five Hundred Eighty Dollars and 42/100 ($33,580.42) below the value of the collectibles sold. 19. Plaintiff should have realized an additional Twenty-Six Thousand Eight Hundred Sixty-Four Dollars and 33/100 ($26,864.33) from the sale of the Seven Hundred Forty Two (742) items, which represents Eighty percent (801/o) of the loss. 20. Defendants have never provided an appropriate accounting concerning the disposition of the household items or other dolls and Plaintiff is unaware of what items were actually sold, at what price they were sold, and what items remain in the possession of the Defendants. 6 AL 21. It is believed, and therefore averred, that approximately Two Hundred Two (202) items of Plaintiff's collection (which Plaintiff values at Ten Thousand Nine Hundred Sixty-Four Dollars and 74/100 ($10,964.74)) are still in the possession of Defendants. A list of these items and their values are attached as Exhibit D. 22. After no payment, proceeds or reports were received from Defendants on any subsequent auctions, Plaintiff, through her counsel, contacted Defendants on or about August 15, 2005, requesting an accounting of and the status of the collection. 23. An additional letter was sent to Defendants from Plaintiff, through counsel, on September 9, 2005, requesting additional information and requesting that no other items be sold until the accounting is verified. A true and correct copy of the letter is attached hereto as Exhibit E. 24. On or about July 10, 2006, Plaintiff requested return of all items from Defendants that had not been sold, together with monies due to Plaintiff that Defendants were holding. 25. Despite demands, no return of the items or payment of the additional funds have been forthcoming. 7 CI . . 26. Plaintiff believes and therefore avers that without her knowledge or consent, items of her collection were placed for sale at Defendant's Cambridge Bear and Doll Shoppe and the proceeds not tendered to Plaintiff. COUNTI BREACH OF CONTRACT 27. Paragraphs 1 through 26 are incorporated herein by reference. 28. Plaintiff and Defendants entered into a Consignment Agreement for the sale of Plaintiff's private doll collection and other miscellaneous household items. 29. At all times relevant, Defendants represented that they would use their expertise in the sale of Plaintiffs collectibles and secure a reasonable market value in the performance of their sales. 30. Despite the fact that Defendants represented that market value conditions for liquidation were favorable, Defendants sold the items far below market value causing significant loss to Plaintiff. 31. The Agreement also provided that Plaintiff would receive Eighty percent (80%) of the total sale proceeds. 8 to . . 32. Plaintiff has knowledge of at least Eight Thousand Nine Hundred Ninety ($8,990.00) (not including the proceeds of the bear purchased by Catherine Diem) that has to date been realized by Defendants. 33. Defendants have not tendered to Plaintiff her Eighty percent (801/o) of the actual monies received by Plaintiff arising out of the deficient sales. 34. Defendants breached the Agreement between the parties by failing to provide Plaintiffs share of the proceeds of the auction to her. By their own accounting, Plaintiff should have been paid at least Seven Thousand One Hundred Ninety Two Dollars ($7,192.00) as a result of reported sales, but has only received One Thousand Four Hundred Dollars ($1,400.00) from the proceeds of the auctions. 35. Plaintiff believes and therefore avers that additional proceeds of the remaining items should be tendered in the amount of Five Thousand Seven Hundred Ninety Two Dollars ($5,792.00). 36. Defendants have not returned the unsold items to Plaintiff which items have a total value of Ten Thousand Nine Hundred Sixty-Four Dollars and 74/100 ($10,964.74) and this value should be awarded Plaintiff. 9 ? R • ? 37. Further, as a result of Defendants failure to properly sell Plaintiff items and their failure to cease sales if market conditions were unable to provide for proper sale, Plaintiff has suffered financial loss of Twenty-Six Thousand Eight Hundred Sixty-Four Dollars and 33/100 ($26,864.33) on the items already sold. WHEREFORE, Plaintiff seeks Forty-Three Thousand Six Hundred Twenty-One Dollars and 07/100 ($43,621.07), plus, interest, attorney's fees and costs of suit. COUNT H BAD FAITH BREACH OF CONTRACT 38. Paragraphs 1 through 37 are incorporated herein by reference. 39. Defendants breached the Agreement for the sale of Plaintiff's private doll collection and other miscellaneous household items by failing to use good faith in the execution of their duties as consignees. 40. Defendants breached their imposed duty of good faith and fair dealing in the performance of the contract by failing to properly advertise, sell, judge market conditions and accounting for the sold items and by failing to remit the proceeds and return the unsold items to Plaintiff. 10 1. 1 . 41. As a direct result of Defendants' actions, omissions and failure to uphold the duty of good faith when dealing with the contract, Plaintiff sustained certain damages as follows: a) Deficient sale of items below market value $261864.33 b) Value of items not known to be sold but wrongfully retained by Defendant $10,964.74 c) Failure to remit Eighty percent (80%) of actual proceeds realized $ 5,792.00 TOTAL $439621.07 WHEREFORE, Plaintiff seeks Forty-Three Thousand Six Hundred Twenty-One Dollars and 07/100 ($43,621.07), plus, interest, attorney's fees and costs of suit COUNT III REPLEVIN 42. Paragraphs 1 through 41 are incorporated herein by reference. 43. Defendants did not complete the sale of Plaintiffs private doll collection and other miscellaneous household items as set forth above. 44. On or about July 10, 2006, Plaintiff requested return of all items from Defendants that had not been sold. 11 45. Defendants have not returned any of Plaintiff's items that were not sold. 46. To the best of Plaintiff's knowledge, Two Hundred Two (202) items remain in the possession of Defendants. These items are listed on Exhibit D and have a value of Ten Thousand Nine Hundred Sixty-Four Dollars and 74/100 ($10,964.74). 47. Plaintiff requests return of the items retained in Defendants' possession. WHEREFORE, Plaintiff seeks return of all unsold items. Date: September 14, 2007 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff Supreme Court ID #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 12 // CE / d xJ "e 8_S ' CONSIGNMENT AGREEMENT This Consignment Agreement is between Catherine E. Diem and Robert L Diem, doing business as H&R 2937 Cambridge Road, Honey Brook, PA 19344 phon # 610-273-205T (hereinafter referred to as "H&R Auction") and jean Denz, 120 Allendale Way, Camp Hill, PA 27046 (hereinafter referred to as "Seller'). H&R Auction is an established auction house in business for the last twenty-five (25) years at 2937 Cambridge Road, Honey Brook, PA 19344. Email address: Hand RAuction@aol.com. An agreement between H&R Auction and Seller is in effect that H&R Auction will sell at auction Seller's private dolt collection. H&R Auction agrees to pick up said collection from Seller's residence. H&R Auction will set up a specialty doll auction for this collection. This auction will be a cataloged auction. H&R Auction will catalog the auction and advertise same. The auction will also be on E-Bay Live Auction. H&R Auction will use their existing doll collector's mailing list, and their current customer email mailing listing, also to promote this sate. n C/ H&R Auction will be paid twenty percent (20%) commission of the total sate for above services. Catherine E. Diem Robert-C Diem /a- -0 Date Date ,,-/Jean Denz Z ----- Date ------- Dolls received on 12/01/04 by H&R Auction are as follows: PJd bk7tjc? a.4 am AM-1 tUttk r4 ,D / Lj $y4,,.j ept. 0 7> ?on.? ,? r?-w6 dµe?i -mz3 (/j Pdt bgew) - ??k. learo. 8)?ryo?-?.c.C.?o?-locQ?P,P,a/-?nrb"Z°,o?. x9oa' i no-cA?- rAt. 412)n Mp"It 111,61 5 Pt. 4 0 dk& yea 4-70 _mz?- ?ot- $as?' IMT Fn'a'L otA ?mZb - 4 ??g 'Cr , ?a dt?, ?".oa? erat ',. ,?5? s ?- 3-xR"°°i U_ _ fee ow? _ ?nS6" fit. °'7? ?y ??? paPka -7nZ6 Pool 9771 f5 a)a- ??n'1_'d da4J s) i o ?^t? m vm d.?Z t) ? Pw?C 6n.?• L4) I WmYd ?? ??-Q 71) 171) 7;?) tv) ? A Pp'a"L' !?"?"n ? n?3, Amm?. -? -C..?o#wt?.., gym) PAAY- A& Rte, ? mrt? tot'. 160 PAL A? 1 Cana U) P-tll? . I B fib) ? F?o-Q ru.,.,.8. ?? -het q?) 9q) i ?hlanw 0a?,,,,dc d.fQ 99) a A aim Onasz ?.4? DENZ Exhib Description Orig. Pric Date Purch. Pict. i Purple Indian "Charades" $299.00 r 9/25/93 Y 2 Cheryl Doll 24" with bear (Blue Clothes and beads $550.00 r 3/19/95 N 3 Lizzy Hi Doll $40.00 r Feb-96 N 4 Antique "Dream Bab "German $90.00 est 1995 Y 5 Teri-Lee Doll $150.00 est May-95 Y 6 Karin Heller Doll "Karen Heller" (Signed) $450.00 r Nov-93 Y 7 Robin Woods w/cake hat $132.00 r 11/4/93 N 8 Steiff Doll (From Disney) $345.00 r 11/5/93 N 9 Pat Jr.-Antique Doll $85.00 n l Jan-93 Y 10 Nesbit Bear Old Repro) Peter Bull "Ale sius" $130.00 est y 11 Ashton Drake b Julie Good Kruger "Love" $140.00 est Y 12 26" Porcelain 'b Che 1 Gluchert $300.00 est May-95 Y 13 Netherlands Doll "Katrina" Ha milton Collection $59.00 est Nov-92 Y 14 Old French Doll with S inner $100.00 est y 15 Sasha $300.00 est 9/16/94 Y 16 "Sam" Bear b SallWin $45.00 est y 17 Small Doll House Dolls $25.00 est y 18 Julie Good Kruger "Christmas Carol" $250.00 est y 19 Pauline Artist Proof 2 of 17 $59.00 est y 20 "Golden Flower" b Carol Therea $80.00 est Sep-94 Y 22 22" Porcelain doll b Cheryl Gluchet "Wil low" $400.00 est Jun-94 Y 23 "An eliue" Hamilton Collection (Mexico) $59.00 est 1992 Y 24 "Anistasia" and '%Qo" Hamilton Collection (Russia $98.00 est 1992 Y . .and Japan) Skookam Indians $100.00 est N 26 "Round Up" b Madam Alexander $65.00 r y 27 2 Col. Cherry Seats $70.00 r N 28 Cam ells Sou Bear with Accessories $28.00 est N 29 2 Large Porcelain Life Size "Cheryl" dolls $600.00 est N 30 "Cooperstown Bear" with New York Tea m Loo $299.00 est N 31 Travel Souviners from Spain 3 dolls $60.00 est N 32 Horseman "Brit Star" $125.00 est N 33 Edinburg Tan Mohair $250.00 est N 34 "Regent" Bear from England $110.00 r 9/12/05 N 35 "Jellybean" b Canterbury le 8" $58.00 est N 36 Fishing bear in basket bo ds $15.00 est N 37 Solid Pewter Mickey in box $150.00 est Y 38 "Sabrina." Kimberly Or $16.50 l est N 39 "Powder room" bear T- 1 $10.00 est N 40 "M little bear" Hermann (Limited edition $120.00 est - N 41 Cowboy Rocking Horse Ranc $30.00 est y 42 "Ben Franklin" Annalee $34.98 r N 43 Wood vintage doll crib $45.00 est N 44 Veronica-Bears of Frederick $89.00 est N 45 Small Panda Mohair-Lynn Gotto $45.00 est N 46 Pete-Pirate Bear 14" limited edition $45.00 est N 47 "Merry Wizard" Nesbit with cloak and sta ff $138.00 est N 48 "Deli Mascot" Nesbi t with scar f and in $156.00 est N 49 "Faith" 19" mohair $129.55 est N 50 English bear $104.00 est N 51 Gorham $25.00 est N 52 2 Bo ds bear cats $20.00 est N 53 Bo ds Snowman $40.00 est N 54 Bo ds Moose "Farewell" $14.00 est N 55 Black bear in pilot dress w/delta in $10.00 est N 56 Hallmark boy and girl christmas bears $20.00 est N 57 black mohair knited bear $20.00 est N 58 "Tiara" bear with bab with tiara $42.36 est N 59 Trbde-Ka rin Heller $320.00 r N TOTAL $7,590.39 The Cambridge Bear & Doll Shoppe Located at The Railway Station 1807 N. Reading Road, Route 272 Stevens, PA 17578 717-336-5666 email' - cambridgebear@aoi.com June 13, 2005 Jeanne `Dent 120 Allendale Way Camp Hill, PA Re: Doll Auction Dear Jeanne: Enclosed please find a check in the amount of $1,400.00. This check is a partial payment on the dolls you have consigned to be sold at auction. sent a partial payment because under your moving circumstances, and by our conversations, it seemed you were anxious to have some type of payment. The payment is partial because: 1) As you know, I am not finished worki our collection. V am having another doll/bear auctio ne 2511h which will be.a live audience and an ebay audio 1 am also having 2: additional doll/bear auctions on !y 6 and July 23rd both will, be ebay auctions. 2) The remainder- of your- items will be listed in the above mentioned follow-up auctions. When you deal with internet bidders, often people bid on items and do not follow up with their bidding process and do not pay for the item, and that is the case with some of your dolls and bears that will be resold. 3) On the items I sold to internet bidders I listed the dolls and bears as coming 'from a "smoke-free environment",' which had believed they did. I did not smell lingering smoke when l was at your home and I did not see you smoke while I was there. However I. have had several complaints that the ,items did smell of smoke and because I advertised them as <coming from a "smoke-free environment, I had to refund; .;the customer's money, upon return of the item. If I, did: not refund the money I run the risk of receiving "negative feedbacks" which will destroy my internet business. As you know, I have been selling on ebay for over 5 years and have never had a problem with a customer concerning the product they purchased. Maybe you had purchased a doll or bear with a smoke smell and didn't realize it and placed it with your other items, thus spreading the smoke smell. While your items were in my possession I stored them in my own bear shop where SMOKING IS PROHIBITED because of my own inventory in the shop. The auction environment is also non-smoking. As soon as I have everything completed (a normal collection auction of this type with internet ' bidding takes between 6 and 8 weeks to completely finalize) I will send you the remainder of your payment plus an itemized list of each item and the price it sold for. In the meantime, if you have any questions, please don't hesitate to contact me. Right now with my schedule the best place to reach me is the auction house which number is 610-273-2051. Good luck in your new home. Fondly, DEN Z Lot # Description Orig. Price Status 181 Lot of 4 Sweater & hat and miscel laneous items $25.00 Unknown 222 16" Harlequin Sasha LE Box ore valuable than purchase $270.00 Unknown 224 11" PJ mohair artist bear b Sall Winey *excellent $75.00 Unknown 225 13" black knitted mohair artist bear *excellent $60.00 Unknown 230 12":Patrrick LE #13/100 signed b Kathe Kruse (In Box $128.00 Unknown 231 C this b Kathe Kruse 1980 (In Box) $350.00 Unknown 233 14" Betti b LencL 1984 In Box) 1 $300.00 Unknown 330 30" Catherine b Beaver Valle Bears $495.00 Unknown 331 .21 " Lilly Doll b Steiff $307.40 Unknown 407 Lot of 12 Madame Alexander doll s President / First Ladies Series $225.00 Unknown Other Items. 78 Records $100.00 Storage 1 Lenci cloth doll $155.00 Storage 1 American Collection Porcelain doll - Unknown 1 Pearl Bride I F $39.00 Unknown 3 Gustave & Gretchen Wolff desig ner d (Avg-$70.00 each) $240.00 Unknown Kin state Indian doll $40.00 Unknown 1 porcelain Duck House doll $20.00 Unknown 1 World gift vinyl doll $38.00 Unknown Box of 13 Dynasty porcelain dolls (Avg-$80.00 each $100.00 Unknown Set of 2 cloth bears $15.00 Unknown 1 Go '-Wo $20.00 Storage 2 bears $32.00 Unknown 7 Cinnibears/Forrest 1-$50.00; 1440 .00; 1-$49.95; 4-.$200.00 $339.95 Unknown Missin Items Purple Indian "Charades" $299.00 Unknown Cheryl Doll 24" with bear (Blue Cl othes and beads $550.00 Unknown Lizzy Hi Doll $40.00 Unknown . Antique "Dream Baby" German $90.00 Unknown Teri-Lee Doll $150.00 Unknown Karin Heller Doll ' "Karen Heller" Signed) $450.00 Unknown Robin Woods w/cake hat $132.00 Unknown SteiffDoff (From Disne $345.00 Unknown Pats Jr.-Antique Doll $85.00 Unknown Nesbit Bear Old Repro) Peter Bul l "Ale sins" $130.00 Unknown Ashton Drake b Julie Good Kruger "Love" $140.00 Unknown 26" Porcelain b Cheryl Gluchert $300.00 Unknown Netherlands Doll "Katrina" Hamilton Co llection $59.00 Unknown Old French Doll with Spinner $100.00 Unknown Sasha $300.00 Unknown "Sam" Bear b Sally Wine $45.00 Unknown Small Doll House Dolls $25.00 Unknown Julie Good Kruger "Christmas Carol" $250.00 Unknown Pauline Artist Proof 2 of 17 $59.00 Unknown "Golden Flower" b Carol Therea $80.00 Unknown 22" Porcelain doll b Cheryl Gluchet "Willow" $400.00 Unknown "An eliue" Hamilton Collection (Mexico) $59.00 Unknown "Anistasia" and "Miko" Hamilton Coll ection (Russia $98.00 Unknown and Japan) Indians $100.00 Unknown "Round Up" b Madam Alexander $65.00 Unknown 2 Col. Cherry Seats $70.00 Unknown C ells Sou Bear with Accessories $28.00 Unknown 2 Large Porcelain Life Size "Cheryl" dolls $600.00 Unknown "Cooperstown Bear" with New York Team Loo $299.00 Unknown Travel Souviners from Spain 3 dol ls $60.00 Unknown Horseman "Brit Star" $125.00 Unknown Edinbur Tan Mohair $250.00 Unknown "Regent" Bear from England $110.00 Unknown "Jellybean" b Canterb le 8" $58.00 Unknown Fishing bear in basket bo d $15.00 Unknown Solid Pewter Mick in box $150.00 Unknown "Sabrina" Kimberly Ar $16.50 Unknown "Powder room" bear $10.00 Unknown "M little bear" Hermann imited editio n $120.00 Unknown Cowboy Rocking Horse Ranch $30.00 Unknown "Ben Franklin" Annalee $34.98 Unknown Wood vintage doll crib $45.00 Unknown Veronica.-Bears of Frederick $89.00 Unknown Small Panda Mohair-Lynn Gotto $45.00 Unknown Pete-Pirate Bear 14" limited edition $45.00 Unknown "Me Wizard" Nesbit with cloak and staff $138.00 Unknown "Deli Mascot" Nesbit with scarf and in $156.00 Unknown "Faith" 19" mohair $129.55 Unknown English bear $104.00 Unknown Gorham $25.00 Unknown 2 Bo ds bear cats $20.00 Unknown Bo ds Snowman $40.00 Unknown Bo ds Moose "Farewell" $14.00 Unknown Black bear in pilot dress w/delta in $10.00 Unknown Hallmark boy and ' f christmas bears $20.00 Unknown black mohair knited bear $20.00 Unknown "Tiara" bear with baby with tiara $42.36 Unknown Tri de-Karin Heller $320.00 Unknown $10,964.74 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGIC STREET NSW CUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 September 9, 2005 H&R Auction Attention: Ms. Catherine Diem 2937 Cambridge Road Honey Brook, PA 19344 Re: Jeanne L Denz Dear Ms. Diem: I met with Mrs. Denz. I advised her of the contents of our conversation. She has shared with me prior correspondence with you which indicated that the dolls were to be included in auctions over the summer in June and July. Obviously, you can understand her concerns at this time. The original auction, at which you approximated 75% of her collection being sold, occurred April 16, 2005. It is now almost mid-September and all that she has received is $1,400.00. Household items had also been taken and sold. No accounting or check for these items has been received. As I stated in my message to your husband, I am requesting the following information on or before September 15, 2005: 1) Using the listing attached to the Consignment Agreement, please identify the current whereabouts of each doll or doll set. a) If sold, please advise the date of the sale, the purchaser, the amount received. b) If a doll was sold but returned, please also advise the current whereabouts of the doll and provide any communication indicating the reason for the return. H&R Auction Attention: Ms. Catherine Diem September 9, 2005 Page 2 c) If not sold, please advise of the current whereabouts of each doll. 2) Please provide the same descriptive information as referenced above for the household items consigned. 3) Please itemize any charges to the gross profits, including any monies which you have taken as commission or expense reimbursement. 4) Please provide me with details related to your anticipated future auction. This should include the date, whether it will be live or e- bay, the location of the items. Pending verification of the accounting as listed above, please note that you are not authorized to make any further sales on beha f ofMrs. Denz until further notice. Thank you for your anticipated cooperation in resolvin matter. Sincerely yo s, BSSAh cc: Ms. Jeanne L. Denz Barbara Sumple-Sullivan kn Rrn?M*k."- r,A,re.(d n*R,,- Phu i) 'Leo-eQ. - R -a `? E« APPLU, ago-& - 3) ? ? r'?Q _ 7nr6 S? &4 L4 w ol? rm.Z ui -7 0-6 ? ??71 ? _7nzb eP,?2Po tayo- sqq ota lam s) _ erg Pt. a> ? Da?N _ o ? W oo Ago-, ?a ? gq nna6?z R h hw'?.?.d w f ? da?'?nlb???°76D? n)?'?c°F°zGtP' Or'" nib v) ti D?'^'? - 6 pit, t) i Pw.E 0n?? ? -Jul„ .6r,6d O&V xl? , 444111fl, InT 31 I Jw?'^°" ? i Cmot?? fp't 1-7 ? y bw?.7naug?P?? s) ? f "y?, `3sa- 0, 0,10 p?a o,& - w d?? ?AAAt q? , rynw,.?/ o a„? d.eL -Aw Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants VERIFICATION I, JEANNE L. DENZ, hereby certify that the facts set forth in the foregoing Amended Complaint are true and correct to the best of our knowledge, information and belief. We understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A..4904 relating to unworn falsification to authorities. DATED: J'st /Z 2007 nne L. Denz Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of Plaintiff s Amended Complaint, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Larry B. Maier, Esquire 1390 West Main Street Ephrata, PA 17522 DATED: September 14, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff 13 cl 0 to ORIGINAL Larry B. Maier, Esquire Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone: (717) 733-8604 Facsimile: (717) 738-1499 Attornev for Defendant JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 : CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANTS CATHERINE E. DIEM and ROBERT L. DIEM as INDIVIDUALS and d/b/a H&R AUCTION and THE CAMBRIDGE BEAR & DOLL SHOPPE to Plaintiff s Amended Complaint A. DEMURRER TO COUNTS I AND II Counts I and II, either separately or together, fail to state a claim upon which relief may be granted against any of the Defendants in that: I. Plaintiff alleges in her Amended Complaint as a basis for her demand for relief in paragraphs 37 and 41, that she is entitled to damages in the amount of $26,864.33, being the difference between the fair market value of the items sold and the amount actually realized at auction from the sale of same after the agreed-upon commission is realized. 2. As a matter of law, the price received for an item of personalty sold at a reasonably conducted public auction is that item's fair market value. 3. The Plaintiff has failed to allege any facts that would support a claim that the auction was not conducted in a reasonable commercial manner. 4. Defendant must be deemed, as a matter of law, to have obtained the fair market value for the items sold, and therefore is not entitled to assert damages in the amount of $26,864.33. WHEREFORE, Defendants request that Counts I and II of Plaintiff's Amended Complaint be dismissed. B. DEMURRER TO COUNT III Plaintiff's Count III fails to state a claim upon which relief can be granted, in that: 1. Pursuant to Pa. R.C.P. Rule 1072, an action for replevin must be brought in the County where the items are alleged to be located. 2. The Plaintiff has failed to allege that the items are located in Cumberland County. 3. A fair reading of the Complaint, which provides that Defendants removed the items from Plaintiff's home and did not return them, would lead to the conclusion that they are not located in Cumberland County, but are in fact located at Defendant's facilities at 2937 Cambridge Road, Honey Brook, Chester County, Pennsylvania. 4. Plaintiff has failed to provide sufficient allegations which would entitle her to relief in replevin from the Court of Common Pleas of Cumberland County, Pennsylvania. WHEREFORE, Defendants request that Count III of Plaintiff's Complaint be dismissed. C. DEMURRER TO COUNT I, II and III by The Cambridge Bear & Doll Shoppe Plaintiff's Counts I, II and III fail to state a claim against The Cambridge Bear & Doll Shoppe upon which relief can be granted, in that: 2 The Plaintiff has failed to allege any contractual relationship between herself and The Cambridge Bear & Doll Shoppe, any duty owed by The Cambridge Bear & Doll Shoppe to Plaintiff, or any other cause of action. WHEREFORE, Defendant The Cambridge Bear & Doll Shoppe requests that Counts I, II and III of Plaintiff's Amended Complaint be dismissed against it. Date: September 28, 2007 G., Larry B. aier, Esq. Attorney for Defendants Attorney I.D. #21412 3 JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving a copy of the foregoing Preliminary Objections upon the following person, by first-class mail, addressed as follows, which service satisfies the requirements of Pa. R.C.P. No. 440: Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Dated: September 28, 2007 By: 43 a__R__? Larry B. aier, Esq. Attorney for Defendants Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 4 r-? , C` _ _ _? t' ? ?T t. ..-"'1 i. t? t ?, . ' r. ?y , ' _ ? t Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Plaintiff JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : No. 05-6044 CIVIL ACTION - LAW PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW, this day of , 2008, comes Larry B. Maier, Esq., and requests the Court's permission to withdraw his representation of Defendants in the above-captioned matter, and asserts the following in support thereof: 1. Petitioner is Larry B. Maier, Esq., whose business address is 1390 West Main Street, Ephrata, Pennsylvania, 17522, is an attorney licensed to practice in the Commonwealth of Pennsylvania, Attorney I.D. #21412. 2. Respondents are Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and The Cambridge Doll and Bear Shoppe, Defendants in the above-captioned matter, whose address is 2937 Cambridge Road, Honey Brook, Pennsylvania, 19344. 3. On or about March 21, 2006 (incorrectly written as 3/21/05) the parties (Catherine E. Diem and Larry B. Maier) entered into a written fee agreement (a copy of which is attached 3 hereto and marked as Exhibit "A"), pursuant to which Respondent engaged Petitioner's services to represent them in an ongoing dispute with the Plaintiff, Jeanne L. Denz. 4. Pursuant to the terms and conditions of that agreement, Respondent committed herself to pay Petitioner on an hourly basis at a rate of $175.00 per hour, and to make such payments within thirty (30) days of invoice for same. 5. Further pursuant to that fee agreement, Respondent paid as a retainer the sum of $500.00, which was paid to Petitioner on March 21, 2006. 6. The last payment that Petitioner received from Respondent was in the amount of $280.00 on November 6, 2006; further, that was the last payment of any sort received by Petitioner from Respondent. 7. Since the date of entering into the fee agreement, the Respondent has incurred unpaid legal fees in the amount of $1,177.75. 8. Despite repeated demands, Respondent has failed or refused to make any payment toward that balance, despite it being months overdue. Copies of those demands are attached hereto and marked as Exhibits "B", "C", "D" and "E". 9. Pursuant to his representation, Petitioner has prepared and filed Preliminary Objections on behalf of Respondent. 10. It is believed and therefore averred, based on correspondence from counsel for Plaintiff, that she intends to take the steps necessary to require briefs to be filed on such Preliminary Objections in February. 11. Petitioner believes and therefore avers that it would be unfair to require him to conduct legal research and draft briefs, and make an appearance before this Court, given that Respondent has shown an established intent not to compensate Petitioner for his services. 12. Respondent will not suffer any prejudice due to granting Petitioner permission to withdraw representation, in that pursuant to a letter sent on November 12, 2007, Respondent was 4 c- warned that if she did not bring her account current by December 31, 2007, that Petitioner would file a petition for leave to withdraw, and therefore they have had ample notice and opportunity to obtain alternative counsel. A copy of such letter is attached hereto and marked as Exhibit "F". WHEREFORE, Petitioner requests the Court's permission for leave to withdraw his appearance on behalf of Respondent; or, in the alternative, requests that a Rule be entered upon Respondent to show cause, if any she has, why permission for leave to withdraw should not be granted. )-viaxisz-n VLa?rryMaier, Esq. Attorney I.D. 421412 1390 West Main Street Ephrata, PA 17522 (717) 733-8604 5 JEANNE L. DENZ, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA V. No. 05-6044 CATHERINE E. DIEM, CIVIL ACTION - LAW ROBERT L. DIEM, d/b/a H&R AUCTION, and THE : CAMBRIDGE BEAR & DOLL SHOPPE, : Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the foregoing Petition for Leave to Withdraw Appearance upon the persons set forth below, by first-class mail, addressed as follows: Mrs. Catherine E. Diem Mr. Robert L. Diem, d/b/a H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honeybrook, PA 19344 Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: January 8, 2008 0 ?? Larry B. e-r, Esq. Attorney I.D. #21412 6 (7i7) 733-8604 c tY B. MAIER, ESQ. FEE AGREEMENT 1390 West Main Street Ephrata, PA 17522 (717) 626-8502 1. 4 If this paragraph is marked, you will be billed for services rendered at the rate of $175.00 per hour. This rate will cover all legal services rendered to you except for particular projects which may be billed on the basis of a flat fee (such items would be marked below). Services for which you will be billed hourly include, but are not limited to: conferences; court appearances; legal research and drafting; and travel. Regarding telephone calls and letters, the time spent will be computed starting at a minimum base amount of time, and thereafter by measured time above the minimum - for telephone calls .25 (domestic) or .3 (all others), and letters (.3). Time will be computed in minimum increments of .1 hours. In the event the hourly rate is increased in the future, you will receive a notice of such increase, and wi 1 be billed at the increased rate from the date of the notice. 1 rQy? 41' e Wley You will be billed for services rendered either (a) - at the conclusion of the matter, or (b) _X_ on a monthly basis. If billed at the end of the matter, payment will be due within 30 days. Bills not paid within 30 days will accrue interest at a rate of 1-1/2% per month until paid. If billed monthly, payment will be due within 30 days. If any monthly bill remains unpaid beyond 30 days, legal representation shall stop until payment is made, and interest will accrue on the unpaid balance at the rate of 1-1/2% per month. A fee of $25.00 will be charged for any check that is returned due to insufficient funds. 2. If any of the following items are marked you will be billed for such items at the flat fee indicated according to the terms stated above: Initial domestic conference $ 100.00 (Plus $25 for each additional 15 minutes over one hour) No fault divorce $ 500.00 plus costs Property Settlement Agreement $ 300.00 Power of Attorney (1 person) $ 150.00 plus notary fees (plus $75 for home/hospital visit) Power of Attorney (Husband & wife) $ 250.00 plus notary fees Incorporation $ 700.00 plus costs Bankruptcy $1 ,000.00 plus costs ($274.00) Simple wills $ 150.00 (single) plus notary fees $ 200.00 (husband/wife) plus notary fees Trust wills $ 175.00 (single) plus notary fees $ 225.00 (husband/wife) plus notary fees Codicil $ 50.00 (single) plus notary fees 3. If this paragraph is marked, a retainer in the amount of $ SOV. OV will be required before a file can a opened and work commenced. This retainer will be applied to your bill at the conclusion of your case. Any funds collected in excess of your bill will be refunded to you. You are responsible for all litigation fees and costs. An advance in the amount of $ / rC.40, will be required for such purposes. Any amount not applied to court costs will be applied to your bill, or if in excess of same it will be refunded. By signing this agreement you indicate that you understand its terms and agree to be responsible according to same Date: 3 / 42 /2005 4 y"Vie*101, Q.4,;, Larry . Maier, Esq. Ulient Exhibit "A" SSN: - - LARRY B. MAIER Law Office 1390 West Main Street Ephrata, PA 17522 (717) 733-8604 Catherine E. Diem H & R Auction 2937 Cambridge Road Honey Brook PA 19344 Re: Diem v. Jeanne Denz )11L?e October 31, 2006 Please Pay This Amount -- $280.00 Previous Balance Due -- NEW BALANCE as of this statement date: $280.00 $280.00 Balance in Client Trust Account $468.50 This is a reminder that pursuant to our fee agreement, the attorney fees billed to you should be paid within 30 days of the original billing date. Please remember your commitment under the fee agreement which you signed, so I may continue to represent you. Pursuant to the Fair Debt Collection Practices Act you are advised that this law firm is deemed to be a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Exhibit "B" October 2, 2007 Mrs. Catherine L. Diem 2937 Cambridge Road Honeybrook, PA 19344 Re: Denz v. Diem Dear Catherine: My bookkeeper has brought to my attention the rather significant balance that has accumulated since your last payment in November of 2006. If you will review your fee agreement, you will see that you agreed to pay your invoices within 30 days. Obviously, you have not met that obligation. We have now reached a point in the litigation process where there could be a high demand for my legal services. Unless this balance is brought current, providing that level of effort will be difficult. I trust you can understand my concern about the status of this account. I will look forward to receiving your payment and continuing to provide legal services for you in the future. Very truly yours, Larry B. Maier LBMlbjm Enclosure Exhibit "C" October 18, 2007 Mrs. Catherine L. Diem 2937 Cambridge Road Honeybrook, PA 19344 Re: Denz v. Diem Dear Cathy: I received your message about your account, and thought it easiest to send copies of your statements to you for review. I hope you're not having trouble with mail delivery, and that the statements are reaching you. Included are statements from October of 2006 (the oldest available in our system) until the present. As you will see, your balance was $52.50 from the November 30, 2006 statement through June 30 of 2007. Your case had no billable activity during that time. However, once the Complaint was filed in July, things started happening and charges began to appear on the statements. Your July 31 statement showed a balance due ("Please Pay This Amount") of $145.25; by August 31 the balance due was $775.25; and through September (as of October 1) the balance had grown to $1,020.25. As referenced in Mr. Maier's letter to you, your last payment was received on November 6, 2006 (#106) in payment of your October 31, 2006 balance. No further payments have been received, so your balance currently stands at $1,020.25. Presumably this will clarify the situation for you, and we can look forward to payment in the near future. Very truly yours, Brenda J. McDonald /tih Enclosures Exhibit "D" LARRY B. MAIER Law Office 1390 West Main Street Ephrata, PA 17522 (717) 733-8604 Catherine E. Diem H & R Auction 2937 Cambridge Road Honey Brook PA 19344 Re: Diem v. Jeanne Denz Please Previous Balance Due -- This Amount -- $1,020.25 NEW BALANCE as of this statement date: Balance in Client Trust Account r October 31, 2007 $1,020.25 $1,020.25 $468.50 This is a reminder that pursuant to our fee agreement, the attorney fees billed to you should be paid within 30 days of the original billing date. Please remember your commitment under the fee agreement which you signed, so I may continue to represent you. Pursuant to the Fair Debt Collection Practices Act you are advised that this law firm is deemed to be a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. 1 Exhibit "E" November 12, 2007 Mrs. Catherine L. Diem 2937 Cambridge Road Honeybrook, PA 19344 Re: Denz v. Diem Dear Catherine: Please find enclosed a letter that I have received from the other attorney and my letter in response. As you will see, she is gearing up for argument court in February, which means that a brief will be due before that. I have been advised by my bookkeeper that despite your assurances, you still have not paid anything on your outstanding account balance. This matter must be resolved before I proceed further in your case. Therefore, if my outstanding account has not been paid in full to date as of December 31, I will file the necessary papers to withdraw my representation in your case. I am not going to invest significant time in a brief and traveling to Cumberland County for Argument Court for the sole purpose of increasing potential financial loss. I trust you can understand my position in this matter. We all expect to be compensated for our services. Very truly yours, Larry B. Maier LBM/bjm Enclosures Exhibit "F" ? try F f cn c.e:1 05 - 6044 Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Plaintiff ORIGINAL JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW AMENDED PETITION FOR LEAVE TO WITHDRAW APPEARANCE AND NOW, this 22nd day of January, 2008, comes Larry B. Maier, Esq., and hereby amends his Petition for Leave to Withdraw Appearance, and requests that the following information be incorporated into his original petition as if originally included therein: 13. To the best of Petitioner's knowledge and belief, no judge has ruled upon any other issue in the same or a related matter, either in regard to the merits of the case or in regard to petitions for leave to withdraw. 14. On or about January 14, 2008, Petitioner wrote to Plaintiffs counsel, Barbara Sumple-Sullivan, Esq., requesting her concurrence in Petitioner's request for permission to withdraw his appearance. 15. By letter dated January 16, 2008, Plaintiffs counsel responded that she would not concur in Petitioner's request unless Petitioner was to either resolve or withdraw pending 3 05 - 6044 Preliminary Objections referenced above, but would concur if Petitioner would acquiesce in withdrawing the Preliminary Objections. A copy of that letter is attached hereto and marked as Exhibit "G". 16. Petitioner does not believe it is appropriate for Plaintiffs counsel to pressure Petitioner to take actions to the detriment of the client in order to secure concurrence with a Petition For Leave to Withdraw, and therefore believes that her lack of concurrence should be ignored. Further, counsel for Plaintiff failed to assert any prejudice that her client would suffer as a result of the Court's granting of the Petition For Leave to Withdraw. WHEREFORE, Petitioner requests the Court's permission for leave to withdraw his appearance on behalf of Respondent; or, in the alternative, requests that a Rule be entered upon Respondent to show cause, if any she has, why permission for leave to withdraw should not be granted. Larry B Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 (717) 733-8604 4 05 - 6044 JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the foregoing Amended Petition for Leave to Withdraw Appearance upon the persons set forth below, by first-class mail, addressed as follows: Mrs. Catherine E. Diem Mr. Robert L. Diem, d/b/a H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honeybrook, PA 19344 Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: January 22, 2008 Larry B. aier, Esq. Attorney I.D. #21412 5 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1951 PHONE (717) 774-1445 FAX (717) 774-7059 January 15, 2008 Larry B. Maier, Esquire 1390 West Main Street Ephrata, PA 17522 Via fax and regular mail Re: Jeanne L. Denz V. Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and The Cambridge Bear & Doll Shoppe Docket No. 05-6044 / Cumberland County Dear Mr. Maier: Regarding your request to withdraw, please note that I contest the withdrawal at least until after resolution of your filed preliminary objections. If the objections are withdrawn, as per my last correspondence, I will not contest your present withdrawal. Also, please note after resolution of the preliminary objections, I will not object to your withdrawal. BSS/lh cc: Ms. Jeanne L. Denz Exhibit "G" ? i JAN 17 771 r5. L CLl V{.L1N V{..J i1 ViV VN1al ? N..ai TI to 05 - 6044 JAN 2 4 2008 0/ Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Defendant JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW ORDER AND NOW, this t ` day of , 2008, upon consideration of the original and Amended Petitions for Leave to Withdraw A pearance, a Rule is issued upon Respondents to show cause, if any they have, why Petitioner should not be granted leave to withdraw his appearance and cease representation of Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and The Cambridge Bear & Doll Shoppe, Respondents. Rule returnable Z- 0 days. 2 RV THF. ('OTTRT- ._.-?3C - tea, ?? • ? - s• ?fd VIN'l IASlVN d 5 ! :8 WV 0£ Hvr 8801 LV5:::? SO/0 £// 48d1D H.08d 3Hi :10 MIIJC?-031 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) JEANNE L. DENZ (Plaintiff) VS. CATHERINE E. DIEM, ROBERT L. (Defendant) DIEM, d/b/a H&R AUCTION AND THE y CAMBRIDGE BEAR AND DOLL SHOPPE No. -8 2005 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Demurrer to Plaintiff's Second Amended Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Barbara Sumple-Sullivan, Esq uire (Name and Address) 549 Bridge Street, New Ctmiberland, PA 17070 (b) for defendant: Larry B. Maier, Esquire, (Name and Address) 1390 West Main Street, Ephrata, PA 17522 3. I will notify all parties in writing within two days that this case has been listed for argument. Yes 4. Date: Plaintiff (a d Attorney for Barbara Sumple-Sullivan,Esguire Print your name Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of a Praecipe to List for Argument, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Larry B. Maier, Esquire 1390 West Main Street Ephrata, PA 17522 DATED: February 6, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff r-a p cn -n ct W ..C Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants No. 05-6044 Civil Action - Law PLAINTIFF'S ANSWER TO PETITION FOR LEAVE TO WITHDRAW APPEARANCE 1. Admitted. 2. Admitted. 3 4. 5. 6 Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 7. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 8. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 9. Admitted in part. Denied in part. It is admitted that Preliminary Objections have been filed on behalf of Respondent. The remainder of the paragraph is denied because Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. 10. Admitted. By way of further answer, it is averred that Defendants' Preliminary Objections will be adjudicated through the Cumberland County Argument Court on February 27, 2008. 11. Denied. Paragraph 11 is a conclusion of law to which no responsive pleading is required. 12. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Plaintiff objects to the immediate withdrawal of counsel. It is believed that the matter will be protracted since efforts to deal with the Defendants in the past has proven unsuccessful. Also, there is a dispute about the appropriateness of the Preliminary Objections. Efforts to negotiate a resolution to the Preliminary Objections between counsel proved futile and they need judicial resolution. This will be delayed by counsel's current withdrawal. Plaintiff will not object to the withdrawal of counsel for the Defendants after the Preliminary objections are properly disposed of. 2 WHEREFORE, Plaintiff does not concur with the immediate withdrawal of Larry B. Maier, Esquire until resolution of the pending Dated: February 15, 2008 3 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I hand delivered a true and correct copy of Answer to Petition for Leave to Withdraw, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Larry B. Maier, Esquire 1390 West Main Street Ephrata, PA 17522 DATE: February 15, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff c3 ? ?? -? c? ?? ? -? Y i . .C"? ..- ...? F'i"t ?^l ?,-: .sy . i °. -t ^t ? :R ?? ?? r ? -t v._ '.?-? .?- ?.? :.f `?^ T"`? 05 - 6044 Larry B. Maier, Esq. Attorney I.D. 421412 1390 West Main Street Ephrata, PA 17522 Telephone (717) 733-8604 Facsimile (717) 738-1499 Attorney for Plaintiff JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA : No. 05-6044 CIVIL ACTION - LAW PETITION FOR RULE ABSOLUTE AND NOW, this 22nd day of February, 2008, comes Larry B. Maier, Esq., attorney of record for Defendants in the above-captioned matter, and requests that the Court make a Rule Absolute, permitting Petitioner to withdraw his appearance on behalf of Defendants, and asserts the following in support thereof 1. On January 9, 2008, Petitioner filed a Petition for Leave to Withdraw his appearance on behalf of Defendants. 2. On January 23, 2008, Petitioner filed an Amended Petition for Leave to Withdraw his appearance. 3. On January 29, 2008 the Court, per The Honorable Kevin A. Hess granted a 20-day Rule upon the Defendants to show cause, if any they have, why Petitioner should not be given permission to withdraw his appearance as a result of non-payment of legal fees owed to him. 05 - 6044 4. The time period for replying to the Rule expired on February 21, 2008. 5. To date, Petitioner has not received an Answer to the Rule filed by any of the Defendants, and believes that none has been filed. 6. Counsel for Plaintiff filed an Answer to the Petition dated February 15, 2008, alleging in Paragraph 12 that Petitioner's withdrawal of his appearance will "...delay the disposition of Defendants' Preliminary Objections." 7. However, the ensuing sentence states "Plaintiff will not object to the withdrawal of counsel for the Defendants after the Preliminary Objections are properly disposed of." 8. It is believed and therefore averred that the Attorney for Plaintiff did not allege any undue prejudice that would be suffered by her client should the Rule be made absolute immediately, pursuant to this Petition. 9. On or about February 8, 2008, Petitioner received notice that counsel for Plaintiff had listed Defendant's Preliminary Objections for Argument Court on February 27, 2008. 10. Pursuant to Cumberland County Rules of Civil Procedure, Petitioner filed a Brief in support of the Preliminary Objections with this Court, which was delivered to Court Administration on February 12, 2008, within the time requirement established by the Rules. 11. To date, Petitioner has not received a brief from the Plaintiff as required by Cumberland County Rule 1028(c)(5). 12. It is believed and therefore averred that pursuant to the aforesaid Local Rule of Civil Procedure Plaintiffs brief was due to be received by Petitioner on behalf of Defendants on February 22, 2008. 13. As a result of Plaintiff s failure to file a brief in a timely fashion, the Court has the right to deny argument to any party who fails to comply with the briefing rule. Therefore, Plaintiff has waived any right she might otherwise have had to contest Petitioner's withdrawal of appearance based on the disposal of the Preliminary Objections. 05 - 6044 14. In the alternative, by filing a brief on behalf of Defendants, Defendants' legal requirements have been satisfied, and therefore Petitioner's withdrawal of his appearance will have no effect on the judicial process, nor delay resolution of Defendants' Preliminary Objections. 15. Petitioner has suffered and will continue to suffer significant prejudice by being required to provide additional legal services to Defendants despite the lack of payment for same, and the uncertainty of receiving payment for additional services in the future. WHEREFORE, Petitioner requests that his Rule requesting leave for permission to withdraw his appearance on behalf of Defendants be made absolute, effective February 22, 2008. 4e-? -?-n a--? Larry B. Maier, Esq. Attorney I.D. #21412 1390 West Main Street Ephrata, PA 17522 (717) 733-8604 05 - 6044 JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the foregoing Petition for Rule Absolute upon the persons set forth below, by first-class mail, addressed as follows: Mrs. Catherine E. Diem Mr. Robert L. Diem, d/b/a H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honeybrook, PA 19344 Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, PA 17070-1931 Date: February 22, 2008 Larry 10. Maier, Esq. Attorney I.D. #21412 C :J L? t17 J ? ?i ??r-j JEANNE L. DENZ, Plaintiff VS. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H & R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6044 CIVIL IN RE: DEFENDANTS' PRELIMINARY OBJECTIONS BEFORE HESS, OLER AND GUIDO, J.J. ORDER AND NOW, this /Z ` day of March, 2008, following argument thereon, the preliminary objections of the defendants are DENIED. BY THE COURT, ''Barbara Sumple-Sullivan, Esquire For the Plaintiff ?Larry B. Maier, Esquire For the Defendants rlm cop IF-!g t' LECL 3?, X10 Kevi . Hess, J. P , J,?y 30 ? tG a YqS 05 - 6044 JEANNE L. DENZ, Plaintiff v. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW ORDER AND NOW, this 17' day of tyi" , 2008, upon consideration of Petitioner's Petition for Leave to Withdraw his appearance, and in further consideration of the resolution of the Preliminary Objections, leave is hereby granted to Larry B. Maier, Esq. to withdraw his appearance and legal representation of the above-referenced Defendants. Defendants are granted 0 days from the date of this Order in which to file an Answer to Plaintiff s Complaint. BY THE COURT: C Z :1 I WV 9 1 NVW HE 3Hl 30 ORIGINAL 05 - 6044 JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW PRAECIPE Pursuant to leave granted by the Court pursuant to its Order of March 17, 2008 in the above-captioned matter, please withdraw my appearance as attorney on behalf of all Defendants listed above. A copy of the Order is attached hereto and marked as Exhibit "A". Date: March 20, 2008 LP Larry B Maier, Esq. Attorney I.D. #21412 05 - 6044 _A?' . . JEANNE L. DENZ, Plaintiff V. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No. 05-6044 CIVIL ACTION - LAW ORDER AND NOW, this 11 ' day of /-"" , 2008, upon consideration of Petitioner's Petition for Leave to Withdraw his appearance, and in further consideration of the resolution of the Preliminary Objections, leave is hereby granted to Larry B. Maier, Esq. to withdraw his appearance and legal representation of the above-referenced Defendants. Defendants are granted (00 days from the date of this Order in which to file an Answer to Plaintiff s Complaint. BY THE COURT: /?.'. ?. COP QV s'" ?'..i..1' of COW" a Exhibit "A" Gap C-3 4 Pdlay ?0i =008 11 11 nh?l t_ P10-''8?0 P. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT ; Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter judgment in favor of the Plaintiff and against the Defendants above named for want of Answer as required. The Amended Complaint was filed on September 14, 2007. After Preliminary Objections of Defendants were dismissed, the Court entered an Order dated March 17, 2008, which required Defendants to Answer the Amended Complaint within Sixty (60) days of the date of the Order. No Answer was timely filed on or about May 16, 2008. Therefore, a Ten (10) day Notice to Enter Judgment was given to the Defendants on May 19, 2008. No Answer has again been filed. Certain ascertainable damages were set forth in Plaintiff s Complaint. These damages were Forty-Three Thousand Six Hundred Twenty-One Dollars and 07/100 ($43,621.07). WHEREFORE, Plaintiff requests that Judgment be entered in her favor and against Defendants, Catherine E. Diem and Robert L. Diem, in the amount of Forty- Three Thousand Six Hundred Twenty-One Dollars and 07/100 ($43,621.07). Dated: May 30, 2008 (717) 774-1445 Attorney for Plaintiff 2 Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 Pj?ffif l?? LV?b Ms. Catherine E. Diem d/b/a H&R Auction and the Cambridge Bear and Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 Re: Jeanne L. Denz V. Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and the Cambridge Bear & Doll Shoppe Docket No. 05-6044 / Cumberland County Dear Ms. Diem: Enclosed constituting service on you is the Notice dated May 19, 2008. Please review this matter with your counsel. Barbara Sumple-Sullivan BSS/as Enclosure cc: Ms. Jeanne L. Denz (w/em U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER ?Y011, ?(] Received From: Barbara SUM 549 Bridge S"d j New Gumm One piece of ordinary mail addressed to: T TW OA SVv? 3 04-M 6f) ?ffl/In?e rZbx, P 15K ? a w 11 ?c Cam` U A_ L _x ••-?? y `"y.¢ <c c C 1\ 06 ? Q o 4 ?? 0 o Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants NOTICE TO: Ms. Catherine E. Diem d/b/a H&R Auction and the Cambridge Bear and Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 DATE OF NOTICE: May 19, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSO TION 2 LIBERTY AVENUE TELERPHONE PNUMBER: 171 4 0166/ Barbb-&-gumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of a Notice, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Catherine E. Diem d/b/a H&R Auction and the Cambridge Bear and Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 DATED: May 19, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 Mr. Robert L. Diem d/b/a H&R Auction 2937 Cambridge Road Honey Brook, PA 19344 Re: Jeanne L. Denz PHONE (717) 774-1445 FAX (717) 774-7059 May 19, 2008 V. Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and the Cambridge Bear & Doll Shoppe Docket No. 05-6044 / Cumberland County Dear Mr. Diem: Enclosed constituting service on you is the Notice dated May 19, 2008. Please review this matter with your counsel. / L BSS/as Enclosure cc: Ms. Jeanne L. Denz (w/encv Barbara Sumple-Sullivan - - cn i 11r1U.4 TE OF MAILING MAY BE USED FOR DOMESTIC': AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER i 2 Received From: o Borbar?a Swap1?1? Esq ppZ,?a oQ i a New CumberAn d, PA 17070 < f 6t N t1}a \C+-? f. ? ????fIS O One piece of ordinary mail addressed to: rn a? ?y ? J11?Llc?l3J L- 1)1 Au 6h on Aq3? Ca.rn grlde o2.D 3 VV PS Form 3817, Mar. 1989 h? a? ?? o Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants NOTICE TO: Mr. Robert L. Diem d/b/a H&R Auction 2937 Cambridge Road Honey Brook, PA 19344 DATE OF NOTICE: May 19, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: ,--, CUMBERLAND COUNTY BAR ASSOC 2 LIBERTY AVENUE / CARLISLE, PENNSYLVANIA 170 TELEPHONE NUMBER: (717) 249 Bbrbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara. Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of a Notice, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Robert L. Diem d/b/a H&R Auction 2937 Cambridge Road Honey Brook, PA 1934* DATED: May 19, 2008 Ba`Ma-ra-Ma-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 Re: Jeanne L. Denz V. Catherine E. Diem, Robert L. Diem, d/b/a H&R Auction, and the Cambridge Bear & Doll Shoppe Docket No. 05-6044 / Cumberland County Dear Sir/Madam: FAX (717) 774-7059 May 19, 2008 Enclosed constituting service on you is the Notice dated May 19, 2008. Please review this matter with your counsel. BSS/as Enclosure cc: Ms. Jeanne L. Denz (w/er V.a. rya n?.+?,.• MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT Received From: Ba NM' ^ SWnpj&&d `va& Es 549 Bridge Sowt a W M ^0 X J a ? . o o -Z / o 0 0 ?F o a$ PS Form 3817, Mar t Barbara Sumple-Sullivan Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants NOTICE TO: H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 DATE OF NOTICE: May 19, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THE ABOVE REFERENCED CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA TELEPHONE NUMBER: (717 Barbaraumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SLWLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of a Notice, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: May 19, 2008 H&R Auction and the Cambridge Bear and Doll Shoppe 2937 Cambridge Road , Honey Brook, PA 1934 / Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a copy of the foregoing PRAECIPE TO ENTER JUDGMENT OF DEFAULT, in the above-captioned matter upon the following individuals by first class mail, postage prepaid, addressed as follows: Ms. Catherine E. Diem d/b/a H&R Auction and the Cambridge Bear and Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 H&R Auction and The Cambridge Bear & Doll Shoff 2937 Cambridge Road Honey Brook, PA 19344 DATED: May 30, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff 3 Mr. Robert L. Diem d/b/a H&R Auction 2937 Cambridge Road Honey Brook, PA 19344 * ? V 03 PLANT MANAGER HARRISBURG DISTRICT UNITED STATES POSTAL SERVICE ?A.? Dear Postal Customer: L) `r u0m w ?rERThe enclosed article was found loose in the mail. If the article bore an address wrapper and was intended for mailing, it became separated. We, therefore, cannot determine the mailing address for delivery. To provide our customers with the most efficient method of processing their mail, the Postal Service uses high-speed mechanized and automated mail processing equipment. Occasionally, mailers will enclose hard objects in mailing envelopes. If our employees are unable to separate such items from the mailstream before they reach this equipment, the objects become lodged in the machine. Although the equipment is programmed to shut down automatically when a jam occurs, the piece of mail containing the object is often damaged, as well as several other pieces of mail being processed simultaneously. As many of these objects are very small, such as paper clips or keys, they are difficult for our employees to identify among the large volume of mail being processed. We are constantly working to eliminate such incidents, as equipment jams not only disappoint our customers, but can cause damage to expensive mail processing equipment. Since the costs of our operations are bome directly by our customers in the form of postage rates, it is also in the best interests of both our customers and the Postal Service to educate all customers about proper packaging techniques for such objects. If the separation was due to our handling, please accept our sincere apologies for the inconvenience we may have caused. Sincerely, Plant Manager Processing and Distribution Enclosure CLAIMS & INQUIRY OFFICE 1425 CROOKED HILL ROAD HARRISBURG PA 17107-9655 717-257-2116 FAx: 717-257-4821 Court House - Carlisle, PA 170• ---? "-?'" aoz- -p- In accordance with Rule 236 of the Pe lvania Supreme 'Court; `d iris to notify ym,- " that the following (order) (decree judgment) as entered against you in this office. Plaintiff Jeanne L. T'-)eh2 Defendant CxWwrine E. Diem, Ro6Prt L. Diem H+R Auction + 7Fie OArnhri . A r+ T?iou 3hW- Date _ay30_ 20Q$_ # 05-6044 Civil 20 Mon otary -"W W MD STATES POSML SERVICE CLAIMS' OFFICE 1425 QiF M l V WAY HARRISBURG PA 17107-9655 2008 JUN 24 PM 1: 12 7 E ur lN_ p`"c),TH-) " "OTAPY 2008 JUN 24 PM 1: 12 CUri??L, •, r-?? to i-?,f PROTHONOTARY'S 1 COURT HOUSE SQ CARLISLE PA 17013-3339 F F L F 0 5- -6a//? CATHERINE E. DIEM 2937 Cambridge Road Honeybrook, PA 19344 (610) 273-2051 Pro se on behalf of all Defendants JEANNE L. DENZ Plaintiff VS. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION and THE CAMBRIDGE BEAR & DOLL SHOPPE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-6044 Civil Action-Law PETITION TO OPEN/STRIKE JUDGMENT AND NOW, this 26th day of June, 2008, comes Catherine E. ;Diem, pro se, on behalf of all Defendants, and hereby requests that this Honorable Court Open/Strike the Judgment entered in this matter averring as follows: 1. Petitioners are the defendants in the above captioned matter. 2. On or about November 23, 2005, Plaintiff filed a summons with regard to the above matter. 3. Defendants subsequently engaged the services of Larry B. Maier, Esquire with regard to representation. 4. Following brief discovery, on or about July 24, 2007, nearly two (2) years after the summons was filed, Plaintiff filed a Complaint alleging, inter alia, breach of contract, bad faith, promissory estoppel and served same upon Defendants' attorney. 5. Following the filing of Preliminary Objections by Defendants, Plaintiff filed an Amended Complaint alleging, inter alia, replevin. 6. Thereafter, until approximately mid-May of 2oo8, Defendants' 1 attorney did not have any contact with Defendants. 7. Subsequently, on June 12, 20o8, Defendants learned, for the first time, that their attorney had withdrawn his appearance in the above matter on or about March 20, 2008. 8. On or about June 5, 2008, Defendants learned, for the first time, that Plaintiff had entered a Judgment by Default in the amount of $43,621.07. 9. Thereafter, after an investigation, Defendants learned that several pleadings and Orders had been entered in this matter from approximately September of 2007 through June of 2oo8. 10. More specifically, on or about January 22, 20o8, unbeknownst to Defendants, their attorney filed a Petition to Withdraw and a Rule to Show Cause why the Petition should not be granted was apparently entered on January 29, 2oo8. 11. Defendants were never served with a copy of the Petition and/or Rule by their attorney. 12. Thereafter, on or about February 22, 2oo8, Defendants' attorney filed a Petition for Rule Absolute and purportedly served same upon Defendants. Defendants were never provided a copy of same. 13. On or about March 17, 20o8, unbeknownst to Defendants, an Order was entered granting Defendants' attorney's Petition to Withdraw. Defense counsel did NOT serve same upon Defendants. 14. On or about June 12, 2008, upon learning of that they were not represented by their former attorney, Defendants immediately sought the services of new counsel to assist them in this matter. 15. Defendants' Petition to Open/Strike Judgment is timely pursuant to Rule 237.3 of the Pennsylvania Rules of Civil Procedure. 16. Defendants' have a reasonable explanation and/or legitimate excuse for failing to respond to the notices in this matter pursuant to Rule 237.3 of the Pennsylvania Rules of Civil Procedure. 17. Defendants' have a meritorious defense to this matter. 18. Plaintiff shall not be prejudiced in any fashion should this Honorable Court grant the within Petition as Plaintiff has filed this action, in part, requesting return of her alleged property, same which Defendants have and continue to agree. 19. Plaintiff shall not be prejudiced in any manner should this Petition to be granted. 20. The within matter was previously assigned to the Honorable Kevin A. Hess. WHEREFORE, Defendants respectfully request that this Honorable Court GRANT the Petition to Open/Strike Judgment. BY: CATHERINE E. DIEM, pro se and on behalf of all Defendants Dated: June 26, 2oo8 VERIFICATION I, CATHERINE E. DIEM, do hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief and further understand that any false statements made therein are subject to the penalties as set forth in 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. CATHERINE E. DIEM Dated: June 26, 2008 C'? ? iv .??, t.? - r°; ''' ? '?-- ---? ? ? ? _? ? ' ? ?? ? . ? ?? r " °u? a i G ?? ?? ? ?? ?. i CATHERINE E. DIEM 2937 Cambridge Road Honeybrook, PA 19344 (610) 273-2051 Pro se on behalf of all Defendants JEANNE L. DENZ Plaintiff Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-6044 CATHERINE E. DIEM, Ch it Action-Law ROBERT L. DIEM, d/b/a H&R AUCTION and THE CAMBRIDGE BEAR & DOLL SHOPPE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants -Mth regard to the above matter. r ?J "f y",J CATHERINE E. DIEM Dated:: June 26, 2008 CATHERINE E. DIEM 2937 Cambridge Road Honeybrook, PA 19344 (610) 273-2051 JEANNE L. DENZ Plaintiff VS. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION and THE CAMBRIDGE BEAR & DOLL SHOPPE Pro se on behalf of all Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-6044 Civil Action-Law ORDER AND NOW, this 7- day of "11 , 20o8, upon consideration of Defendants' Petition to Open/Strike Default Judgment, a Rule is issued upon Respondent/Plaintiff to show cause, if any, why Defendants' Petition should not be granted. Rule returnable Z-0 days. BY THE COURT: VINVAWN Inrom AWL do CATHERINE E. DIEM 2937 Cambridge Road Honeybrook, PA 19344 (610) 273-2051 Pro se on behalf of all Defendants JEANNE L. DENZ Plaintiff VS. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H&R AUCTION and THE CAMBRIDGE BEAR & DOLL SHOPPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY No. 05-6044 Civil Action-Law CERTIFICATE OF SERVICE I, Catherine E. Diem, pro se on behalf of all Defendants, do hereby certify that I forwarded a true and correct copy of Defendants' Petition to Open/Strike Judgment, upon the following by U.S. First Class Mail, postage pre-paid: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Dated: "I )q, BY. CATHERINE E. DIEM Pro Se on Behalf of all Defendants r?- n f `S t rig t r3 0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants PLAINTIFF'S ANSWER TO PETITION TO OPEN/STRIKE JUDGMENT AND NEW MATTER Denied. It is denied that the Petitioners are the Defendants. Petitioner is Defendant, Catherine E. Diem, only. She indicates that she is now acting pro se. No petition, verified or otherwise, has been filed by any of the other named Defendants. Petitioner Catherine E. Diem is not an attorney and her alleged representation of other named parties constitutes the unlawful practice of law. 2. Admitted. 3. Admitted with the clarification that Larry B. Maier, Esquire, vigorously represented all named Defendants in the litigation since the inception of the litigation through the date of his Petition for Withdrawal as counsel. The Petition was filed on January 9, 2008 and alleged that Defendants had unpaid legal fees. The Order granting Attorney Maier leave to withdraw his appearance in the matter was entered on March 17, 2008. 4. Admitted in part. Denied in part. It is admitted that on or about July 24, 2007, Plaintiff filed a Complaint alleging, inter alia, breach of contract, bad faith breach of contract, promissory estoppel and served same upon Defendants' attorney. It is denied that discovery was brief. It is further averred that the delay in filing the Complaint was due to Defendants' refusal to respond to the discovery. Informal requests were made to Defendants in September and October, 2005 requesting information. After no response, Plaintiff served Interrogatories and Document Production Requests upon Defendants on January 20, 2006. No timely response was received. Plaintiff was forced to file a Motion to Compel the discovery responses on February 27, 2006. Answers to the discovery were provided on March 27, 2006, however, they were incomplete. In June, July and September, 2006, Plaintiff informally requested complete responses to the discovery. Once the responses were received, Plaintiff was forced to decipher and organize the business records of the Defendants. Defendants have been uncooperative throughout this proceeding, including responding to their own attorney. 5. Admitted in part, denied in part. Defendants, through their counsel, filed two sets of Preliminary Objections. Plaintiff initially attempted to file an Amended Complaint to meet the nature of the objections of the Defendants in order to expedite the process. When the Amended Complaint was filed, Defendants again filed Preliminary Objections. Plaintiff believed these objections were without 2 merit and the matter was briefed and argued before the court. The Preliminary Objections were dismissed on March 12, 2008. 6. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. It is asserted that at the argument on the Preliminary Objections, counsel for Defendants addressed his outstanding Petition for Leave to Withdraw. The Honorable Judge Kevin Hess specifically indicated to counsel that this could occur after the substantive decision on the Preliminary Objections. The Judge also provided an extended time period of an additional Sixty (60) days so that Defendants would have the opportunity to seek new counsel and not be prejudiced by the withdrawal of counsel. 7. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Given the nature of the vigorous representation of Larry Maier, Esquire on behalf of the Defendants and the conversations occurring with the court during the argument of the Preliminary Objections, Plaintiff asserts that this assertion is not accurate. It is further asserted that a factual hearing on these representations should occur. 8. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. It is further averred that a Notice of Default Judgment was sent directly to each Defendant personally by Plaintiff's counsel on May 19, 2008 prior to the entry of the judgment. Even if Attorney Maier did not provide notice, which position Plaintiff challenges and proof thereof is demanded, Plaintiff herself directly communicated with Defendants. 9. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Proof of same is demanded. 10. Admitted in part. Denied in part. It is denied that on or about January 22, 2008 Defendants' attorney filed a Petition for Leave to Withdraw. The Amended Petition for Leave to Withdraw was filed on January 22, 2002. The original Petition for Leave to Withdraw was filed on January 9, 2008. It is admitted that a Rule to Show Cause why the Petition should not be granted was entered on January 29, 2008. It is denied that these were filed unbeknownst to Defendants. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. It is further asserted that the Petition and Rule were duly served by Attorney Maier on the Plaintiff. Plaintiff indicated that due to the past delays which occurred in the litigation and the pendency of the Preliminary Objections, concurrence to withdraw would only occur after the determination of the Preliminary Objections. 4 11. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Plaintiff's response to Paragraph 10 is incorporated herein by reference. 12. Admitted in part. Denied in part. It is admitted that on or about February 22, 2008, Defendants' attorney filed a Petition For Rule Absolute. It is denied that it was purportedly served upon Defendants and that Defendants never received a copy. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. Only Attorney Maier can testify as to service, however, it is asserted that a copy of the Petition For Rule Absolute was duly served on Plaintiff on or about February 25, 2008. 13. Admitted in part. Denied in part. It is admitted that on or about March 17, 2008, an Order was entered granting the Petition for Leave to Withdraw. It is denied that the Order was entered unbeknownst to Defendants and that Defendants' counsel did not serve same upon Defendants. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. It is asserted that a copy of the Order was duly served on Plaintiff on or about March 19, 2008. 14. Denied. Plaintiff is without knowledge sufficient to form a belief as to the truth of the averment. It is asserted, however, that no new counsel is of record and Defendant, Catherine E. Diem, filed the Petition to Open/Strike Judgment pro se. 5 15. Denied. Paragraph 15 is denied as a conclusion of law to which no response is due. It is further asserted that Defendant's Petition to Open/Strike Judgment filed on or about June 27, 2008 is untimely pursuant to Pa. R.C.P. 237.3(b) which sets forth a Ten (10) day deadline from the date of entry of the judgment for Defendants to file their request to open the judgment. Defendant's Petition was filed Seventeen (17) days late. 16. Denied. Paragraph 16 is denied as a conclusion of law to which no response is due. It is further asserted that no reasonable explanation or legitimate excuse for failing to respond the notices has been plead or proven. 17. Denied. Paragraph 17 is denied as a conclusion of law to which no response is due. Plaintiff asserts that the Defendants have been dilatory and obstructive throughout this entire proceeding leading to excessive fees and costs for Plaintiff and the withdrawal of their own counsel. 18. Denied. It is denied that Plaintiff shall not be prejudiced in any fashion should this Honorable Court grant the within Petition as Plaintiff has filed this action, in part, requesting return of her alleged property, same which Defendants have and continue to agree. Plaintiff will be prejudiced in the form of additional costs and fees. Plaintiff has requested return of unsold items initially by a letter dated June 6, 2006 and none has been received. Receipt of these items will not resolve this 6 matter and the monetary judgment is the appropriate response to conclusion of this matter. 19. Denied. It is denied that Plaintiff shall not be prejudiced in any manner should this Petition be granted. Plaintiff's response to Paragraph 18 is incorporated herein by reference. 20. Admitted. NEW MATTER 21. Paragraphs 1 through 20 of Plaintiff's Answer to Petition to Open/Strike Judgment and New Matter are incorporated herein by reference. 22. This Honorable Court, after deciding the Preliminary Objections and the decision to allow the withdrawal of counsel, allowed more than reasonable time for the Defendants to act by its Order of March 17, 2008. 23. Should it be found that Defendants did not receive certain pleadings and Orders filed in this matter while represented by Larry B. Maier, Esquire, it must be noted that Defendants were directly provided with the required Ten (10) day Default Notice on May 19, 2008 by Plaintiff's counsel. 7 24. No response was received from Defendants after the expiration of the Ten (10) days set forth in the Default Notice. 25. Judgment was subsequently entered on May 30, 2008, by Plaintiff's Praecipe to Enter Default Judgment, which Defendants were directly served a copy of by Plaintiff's counsel. 26. Defendant's Petition to Open/Strike Judgment filed on or about June 27, 2008 is untimely pursuant to Pa. R.C.P. 237.3(b) which sets forth a Ten (10) day deadline from the date of entry of the judgment for Defendants to file their request to open the judgment. Defendant's Petition was filed Seventeen (17) days late. 27. Defendant's Petition to Open/Strike Judgment is so untimely that Plaintiff had the opportunity to request transfer of the judgment to Chester County for execution. 28. Defendant's Petition to Open/Strike Judgment does not have a verified copy of the Complaint to which she is seeking leave to file attached as required by Pa. R.C.P. 237.3(a). 29. Plaintiff's concurrence with the Petition to Open/Strike Judgment was not sought prior to filing of the petition pursuant to C.C.R.C.P. 208.2(d). 8 30. Plaintiff was not served with a copy of the Petition to Open/Strike Judgment upon filing. Plaintiff learned of the petition upon receipt of the Rule to Show Cause. 31. Defendant's Petition to Open/Strike Judgment shall be denied as she and the remaining Defendants were provided the Default Notice and due to her failure to follow local and state procedure. 32. Defendants have been dilatory and obdurate throughout the proceedings resulting in excessive fees and costs for Plaintiff. WHEREFORE, Plaintiff respectfully requests Defendant's Petition to Open/Strike Judgment be denied. Respectfully s*bmitted, Dated: July 25, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 i IAI (717)-774-1445 Supreme Court ID 932317 Attorney for Plaintiff 9 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Jeanne L. Denz, hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Jeanne L. Denz to make this Verification and that the facts set forth in the foregoing Plaintiff's Answer to Petition to Open/Strike Judgment and New Matter are true and correct to the best of my knowledge, information and belief. Dated: July 25, 2008 ara umple-Sullivan, Esquire Attorney for Plaintiff/Petitioner 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JEANNE L. DENZ, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. No. 05-6044 CATHERINE E. DIEM, ROBERT : Civil Action - Law L. DIEM, d/b/a H&R AUCTION, And THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I hand delivered a true and correct copy of Answer and New Matter, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Catherine E. Diem d/b/a Mr. Robert L. Diem d/b/a H&R Auction and the Cambridge H&R Auction Bear and Doll Shoppe 2937 Cambridge Road 2937 Cambridge Road Honey Brook, PA 19344 Honey Brook, PA 19344 H&R Auction and The Cambridge Bear & Doll Shoppe 2937 Cambridge Road Honey Brook, PA 19344 DATE: July 25, 2008 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 10 JEANNE L. DENZ, Plaintiff VS. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H & R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6044 CIVIL IN RE: DEFENDANTS' MOTION TO OPEN/STRIKE JUDGMENT ORDER AND NOW, this l day of October, 2008, hearing on the defendants' motion to open/strike judgment is set for Wednesday, November 26, 2008, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Barbara Sumple-Sullivan, Esquire For the Plaintiff Catherine Diem .Robert Diem & R Auction The Cambridge Bear & Doll Shoppe Defendants Am eol? C Ss Mi- t tic L lo??/O$ Kevr ess, J. Co ?-. c-: cr- ?- Y Pmt .: Ci- ?AA Q ? t3 JEANNE L. DENZ, Plaintiff vs. CATHERINE E. DIEM, ROBERT L. DIEM, d/b/a H & R AUCTION, and THE CAMBRIDGE BEAR & DOLL SHOPPE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-6044 CIVIL IN RE: DEFENDANT'S MOTION TO OPEN/STRIKE JUDGMENT ORDER AND NOW, this S` day of December, 2008, following argument, the petition of defendant, Catherine Diem, to open/strike judgment is DENIED. BY THE COURT, Barbara Sumple-Sullivan, Esquire For the Plaintiff Catherine Diem Robert Diem H & R Auction The Cambridge Bear & Doll Shoppe Defendants rlm lag ii 44 VINV.'V -.NN3d 9 Z :C bid S- 330