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HomeMy WebLinkAbout06-1132..anent COURT OF COMMON PLEAS Judicial District, County Of eov),6Cz I N ,) NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. e^66 A._ f ( 2 C tyl NOTICE OF APPEAL Fb, RIf ki Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 3 e 1/ o S- I his block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. appellant was ALCA41uq jc J14 L before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. Signature ofP h.notary w Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon (Common Pleas No. 42M? #- `?"? ?, ri I "„fs - RULE: To ? yj f?? fM f ?Gr ___ !? ? Name appe/`/ee(s-? appellee(s), to file a complaint in this appeal within twenty (20) days after service of rule or suffer entry of judgment of non pros. ,41" X433 3 ature of appellant or attome or agent appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the dale of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. , Date: 'a4 , 20X 'ham Signature of trot of or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COUR1 FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINZ (This proof of service MUSE BE FLED WITHIN FEN (10) DAYS AFTER hfing of the n nce c` w":.C COMMONWEALTH OF PENNSYLVANIA COUNTY OF . -•z AFFIDAVIT: I hereby (swear) (affirm) that I served ?l a copy of the Notice of Appeai. Commcm Flans No. . of an tYie Disin , ,,ice ?,r .'cc; iha ?? by Irersroira ss ti.x: _!: -'i,i ?,u, ? :Ctrrc a s. (dale of service] _ 20 senders receipt attached hereto, and Upon the appellee, (name) .:r•rtifiradj rr c, s+eredi :.a:.. 20 by personal serviLa Cj by sunder s receipt af:ached hereto. {SWORN} (AFFIRMEO) AND SUBSCRIBED BEFORE ME THIS DAY OF , 20 prACiel b4loro when afflefaud ?+as metie Sfyrvdture Of Fide of oRiciril My commission expires on 20 7 AOPC 312A - 02 COMMONWEALTH OF PENNSYLVANIA rnl INITv nF CUMBSRLAND Mad. Dist No.: 09-3-03 MDJ Name'. Hw. SUSAN X. DAY Address-. 229 DULL ST, BOX 167 MT. HOLLY SPRINGS, PA Telephone: (717) 486-7672 17065 SATHLREN VARNER 6501 WINDMIM ROAD HARRISBURG, PA 17111 THIS IS TO NOTIFY YOU THAT: Judgment: ® Judgment was entered for: NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME ana ADDRESS rVARNBR, XATHLMM 6501 WINEINMR ROAD HARRISBURG, PA 17111 L VS_ DEFENDANT: NAME and ADDRESS rCHBSR TYM8, INC. 1400 HUNKEL AVSNUB LEMOYNB, PA 17043 L Docket No.: CV-0000008-06 Date Filed: 11/22/05 (Name) rn mxn TnM _ INC ® Judgment was entered against: (Name) VsVNER F-IrATHT.BRN in the amount of $ -on on El Defendants are jointly and severally liable. ? Damages will be assessed on: ? This case dismissed without prejudice. Amount of Judgment Subject to ? Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential IPase $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Date I certify that this is a true Date , Magisterial District Judge correct copy of the reco}d of th6 proceedings containing the judgment. (Date of Judgment) y/ae/ar (Date & Time) Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Post Judgment Credits Post Judgment Costs Certified Judgment Total $ , Magisterial District Judge My commission expires first Monday of January, 2010 . SEAL ? . R ?- i 3 ft it fy'. 4 icil l S U.S. Post erv a PT CE RTIFI ED MAILr. R ECEI : (D mi Far d g tic 14l elivery In all Only, MO hi AOr formation visit our web we C0100ni a Pith rty.: site at W Ww;uap0.CQ1IIS T ._0 ru 1ti Postage $ Fri certified Fee O O Return Reciept Fee 17 (Endorsement Required) C3 Restricted 0elivee, Fee , (Endorsament Requre(1) M rl Total Postage & Fees S ID F- r JOB /- tf Forlrwn. Hero 7tf9 r- ?rf?-iil?l7r u7 d ' -0 rU C3 d ( ?? I:j O Retumepriee {Entlorsemeru nt Ragelrotll -,?id'? Po-vnatn O Resrdded Del ve y { . ul (Endorsement Reyw d M r-a Total Part, 3 8 F Son( ro - -'-- o f- Sf eet Afit No , - ---- (c.y aizre, Z;d?d c.:_ 1?1''h.22r/ ---,C.CC'f:.r------_.--- 4 / %PPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE PILED WITHIN TEN (10) DRYS AP?ER biting of fhe nonce ,7# appeal ^rrn, k rr,rlira=h?e hoires_) COMMONWF EAL_TH ,F/PENNSYLVANIA COUNTY O,- - _ : cs AFFIDAVIT: I hereby (swear) (affirm) that I served amiq ? i 3 v a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) , ? by persona! service V) by (celTli'ie(l) (reglstored) mad, sender's receipt attached hereto, and upon the appellee, (name) 17AIf3r D -1-VM - -7-0G, on 1,2 20C)? sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORP ME THIS. DAYOF?-?''B 20 C' _ na re of ofltde! f>?ic+N$ihom athda was mace Title of official My commission expires on 20 t'. . AOPC 312A - 02 ? by personal service , by (certified) (reg,stered) mall, Nptarttd :-::d LiICY1J. Ju npa ,1J ^ry P:16W Calrtla Ba% Cvrlpedaxi GotrMy Mr OamYSsl0fl Eaprss July 23.2" rrlariall filalpfvaelllahornuv: a r?otw. 4 r / \t? Srgna ure of e ",M •-r1 - r i'1! G: - rA N COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. STATE zJ - IDetandanq ,?. y., tooellant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a District Justice, A COMPLAINT MUST BE FILED within twenty SUPERSEDEAS to the judgment for possession in this case. (20) days after filing the NOTICE of APPEAL. Sgnstureof Prott,o w aryor Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal dance ofappellee('V(Common Pleas No. ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ''nature o/appellant or attorney or agent RULE: To , appellee(s) /?18Me ofappellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAYBE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. Date . y r;? .20 r vY ` -.... Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT RILE V / KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice 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 Complaint 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant COMPLAINT AND NOW, comes Plaintiff, KATHLEEN VARNER by and through counsel, Michael 0. Palermo, Jr., Esquire and in support of this COMPLAINT avers as follows: 1. Plaintiff, Kathleen Varner is an adult individual residing at 6501 Windmere Road, Harrisburg, PA 17111. 2. Cheer Tyme, Inc. (hereinafter "Defendant") is incorporated in Pennsylvania and believed to be doing business at 1400 Hummel Avenue, Lemoyne, Cumberland County, PA 17043. COUNT 1. BREACH OF CONTRACT 3. Previous paragraphs are incorporated by reference as if fully set forth. 4. Plaintiff, Kathleen Varner entered into a fee agreement with Defendant, for her two (2) children, Kasey & Jessie, to be to be trained in cheering & dance specifically to be part of the `Competition Squad' and compete in competitions that were to commence in November 2005. "Cheer Tyme Tuition Payment Authorization Form" is attached hereto as Plaintiff s "Exhibit A". 5. Under said agreement Plaintiff agreed to pay Defendant at a rate of $145.00 per month for both children to attend the Defendant gym, be part of a competition squad and compete at local and national cheerleading events. 6. Competitions, uniform packages, coach's fees and choreography camps were to be paid from "Booster Accounts" maintained by Defendant with monies paid into them by sponsors, work vouchers and parent contributions. 7. Plaintiff performed on this contract by paying $145.00 per month to Defendant from May, 2005 up and through November, 2005. 8. Plaintiff paid additional monies into said "Booster Account" which was set up and maintained by Defendant for `competition fees, coach's fees, uniform package and choreography Camp fees'. Said "Booster Account" is fully set out in the "Cheer Tyme 2005-2006 Season Handbook" attached hereto as "Plaintiff s Exhibit B". 9. On or about November 9, 2005, Plaintiffs daughters were dismissed by Defendant and thus unable to attend Defendant gym or practice with their respective team(s). 10. Plaintiff s received a call on November 10, 2005 from Scot Braasch, President/Coach of Defendant, stating that Plaintiff's children were not permitted on the premises of the Defendant business. 11. Plaintiff requested a refund of her booster account money as without a competition squad, the training provided was useless to her daughters, as the routines learned were for the specific purpose of competition. 12. Defendant refused to return the money paid into said account of Plaintiff's daughters and are thus in breach of said agreement. 13. Said money in the booster account was never due and owing to Defendant and in fact was held separately for use by plaintiffs children. 14. Defendant has no rights to unearned booster club money. 15. No where in the Agreement does it state that the monies placed in the booster account were non-refundable. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant in Breach of Contract and award $1878.80 plus interests, costs and whatever other relief the courts deems necessary. COUNT H. UNJUST ENRICHMENT 16. Previous paragraphs are incorporated by reference as if fully set forth herein. 17. Plaintiff s daughters were given the opportunity per Defendant's 'Work Vouchers' to be employed by Hershey Entertainment and in lieu of receiving a wage, Plaintiff's daughters were given vouchers to be credited on Plaintiffs "Booster Account" account with Defendant. See "Customer Ledger of Defendant" attached hereto as "Plaintiffs F,xhibit C". 18. All fundraising and sponsorship money that participants in the Booster Club receive are credited to said Booster account. Specifically see pagez, of "Plaintiffs Exhibit B". 19. As of March 20, 2006, Plaintiff should have a remaining balance in said "Booster Account" with Defendant of approximately $1376.80. 20. Plaintiff purchased $500.00 worth of Competition Uniforms for the upcoming competition season due to begin at the end of November 2005. 21. As of November 9, 2005, the date Plaintiff s daughters were dismissed from said classes; all monthly dues were paid in full. 22. The remaining balance of Plaintiffs daughters' booster account was to be used for competition fees, uniform fees, choreography camp and coach's fees that will not occur and costs that will not accrue due to the dismissal of Plaintiffs children. 23. Plaintiff has made numerous attempts for the return of the balance in the Booster account; however Defendant has refused to return said monies to Plaintiff. 24. Plaintiff no longer utilizes the facilities or staff of Defendant and last utilized the same on or about November 9, 2005. 25. Plaintiff paid for the entire month of November 2005, however due to Defendant's actions they only received Defendant's services for nine (9) days of the month of November 2005. 26. Defendant has been unjustly enriched in the amount of $1876.80, plus interest, in addition to the pro-rated amount for November 2005. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in for Plaintiff, finding Defendant was unjustly enriched; award $1876.80, plus interests accrued since November 9, 2005; costs and any other relief the Court deems necessary. Respectfully submitted, ROMINGER Michael O. Palermo, Jr., squire 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff (717) 241-6070 (717) 241-6878 KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cheer Tyme 1400 Hummel Ave. Lemoyne, PA 17043 Dated: March 20, 2006 Respectfully submitted, ROMINGER & WHARE - Michael O. Palermo, Jr., Es ire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: March 20, 2006 "A Michael O. Palermo, Jr., Esquire Attorney for Plaintiff Cheer Tyme Tuition Payment Authorization Form All Athlete's are required to have their authorization form on file at the front desk. To be a Cheer Tyme All-Star you agree to follow the requirements set forth by this agreement. Every all-star must have a method of automatic deduction, whether it be a credit card or checking/savings account Deductions will occur on the 6th of the month. You will have the first 5 days of the month to pay your monthly tuition by check if you choose to. By signing this authorization form you agree to the statements set forth above & below. Athlete Name: Parent (Billing Contact) Name: Please check, if you will not be paying by check & wish to have the funds always deducted from an account specified below. (If box is checked, please disregard the next paragraph.) If payment is not received by check/cash/credit card in the first 5 days of the month, I authorize Cheer Tyme to withdraw funds from an account below for payment. Furthermore, if any such debit(s) drawn off of a checking or savings account is returned for any reason, I authorize Cheer Tyme to collect such debit(s) with an added $20 bank fee. The athlete named above will not be allowed to participate in regular practices until collection is complete. We will allow our collection agency; to take any necessary actions if need be. I am a duly authorized check signer or have authorized credit card use on the account identified below, and authorized all of the above with my signature below. (Checking - Savings) Financial Institution Name: Branch: City: Routing Number: State: Zip: Account Number: (Credit Card) Credit Card Type: Account Number: _ (AX, Visa, Mastercard, Discover) Expiration Date: *Please leave a copy of this credit card at the front desk* The authorization shall remain in full force and effect until Cheer Tyme, Inc. has received written notification from me of its termination in such time and in such manner as to afford Cheer Tyme, Inc, a reasonable opportunity to act on it. Please indicate the amount you wish to be deducted for: May '05: , f V (These figures should be your monthly tuition) June '04 - March '06: a (each month) April'06: You have the option to pay for the entire year up-front. If you choose to do so, we will give you your last month (April) for free. This is an 8% discount on tuition costs. Parent/Billing Contact Signature: PLAINTIFFS EXHIBIT Date: 1 ? x ch?Vmer i yme zggbm2ooe PLAINTIFFS EXHIBIT 05006 @WN SWAFF Scott Braasch President, Coach (717) 648-7223 CtymeCrash@aol.com Kim Braasch Vice-President (717) 648-7224 CtymeKim@aol.com Kevin Braasch Gym Manager (717) 395-5171 Kevcheer@comcast.net Kim & Kevin Accounts (717) 761-6600 Ctymeaccounts@yahoo.com JodiLuevano Fundraising Coordinator (717)564-7217 Craftylodi@aol.com Denise Misheck Receptionist/Secretary/Coach (717) 944-6867 denisemish@aol.com Christin Miller All-Star Coach (717)215-9277 cheertymetrls@aol.com TylerZoeliner All-Star Tumbling Coach (717) 418-4198 tylanel7@aol.com Lark Wood All-Star Tumbling Coach (240) 472-5421 izgood22@yahoo.com Nikki James All-Star Coach (717) 986-0171 xocnikkitox@comcast.net Jess Misheck All-Star Coach (717)343-1384 bebej04@aol.com Jeanne Temple All-Star Coach/Stunt Groups (717) 795-2997 jtemple@bigspring.kl2.pa.us Lauren Crawford All-Star Coach (717) 343-8965 jnrcheer@comcast.net Barb Bielawa All-Star Coach (717) 350-0213 0 a Boo a ?o? 4 ? f l `?J?p ??y awl ?q 11 la',,.? o- ,- ;tea 111-N, A? > ?a 9?.. ? At the start of the season, you will be charged on your booster account a $35 maintenance/set-up fee. All family's will be on one account, and only charged $35 as well. ? At the start of the season, you will be charged on your booster account for: Competition Fees, Coaches Fees, Uniform Package (those not needing the entire uniform, will have this amount adjusted), and Choreography Camp Fee.. ? Each month you may request a booster club statement showing ail transactions taken place in that month. Credits (Payments or Profits made) Debits (Charges to accounts, competitions fees, or vouchers used) l , ? At the bottom of each statement will be a balance If it is 0, then you have an even balance If it has (-) in front of the amount, this is your credit If it has an amount, positive, this is the amount still due. ? Your Booster Club account is set up to be paid up by January 1st. Payments are due the 1st of the month, starting June 1st. You will have 8 payments to pay off the amount, those that choose to fundraiser, must fundraise to cover what your monthly payment would have been. You must be making monthly payments, those that stop paying, will result in your child sitting out at practices. ? All questions regarding statements need to be directed to either Kevin or Kim. We are both available at the germ, or by e-mailing CTymeAccounts@vahoo.com. All payments can be mailed or placed in the wooden box in the hallway. 2 0@@at@r C@ata We have put together a payment plan again this year for our Booster Club. Your Booster Club account is where you pay for your competition fees, uni- form fees, choreography camp, & coaches fees. At the start of the season, you will be charged a Booster Maintenance/Set-up Fee of $35.00. This is per family, not per athlete. All the fundraising & sponsorships that you receive will go into your Booster Account, and deduct from the charges listed below. As already mentioned, you may request a copy of your state- ment each month, they will not be mailed to you. You must make 8 payments into your Booster Account. They will begin on June 1 st, and do within the first 5 days of the month. If payment is not re- ceived by the 6th day of the month, you will receive a phone call, with the option to have it deducted from your checking/savings/credit card account on file. Your last payment is due January 1st. Any athlete's with out- standing money at that time, will not be allowed to compete, until payment is received. Below you will fmd your costs: I Tyny Tots 1 Coaches Fee: $30.00 j Uniform Fee: $200.00 Choreography Camp: $75.00 1 Competition Fees: $385.00 TOTAL: $690.00 EACH PAYMENT: $86.25 1 Jr. Extreme, Sr. Green, Sr. Purple Coaches Fee: $80.00 Uniform Fee: $400.00 Choreography Camp: $150, 00 Competition Fees: $610.00 TOTAL: $1240.00 EACH PAYMENT: $155.00 Mighty Mini Gators & Youth Coaches Fee: $60.00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $520.00 TOTAL: $990.00 EACH PAYMENT: $123.75 NOTE: Some of you will not need to order a uniform- You will be able to order the uniform in parts. We will make any adjustments to your accounts as needed. Pee Wee At Junior Purple Coaches Fee: $80.00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $620.00 TOTAL: $1250.00 EACH PAYMENT: $156.25 Senior Extreme Coaches Fee: $100.00 Uniform Fee: $400.00 Choreography Camp. $150.00 Competition Fees: $610.00 TOTAL: $1260.00 EACH PAYMENT: $157.50 *These Fee's do NOT include CTC in Las Vegas or NCA In Dallas. Yon will be charged at a later date for those. co) l?[1? FQ@°135 4mp'- &T@ 9M@ A 4o Mmp Please send any comments or questions about your account to Ctymeaccounts@yahoo.com a s: © 4 u P0oQ@o o T(DdQ [)DDR4 Q 919? Q a M a o bUDDoo Flo MtU0 KQ] ff b(D 0D09Qs60D9 !?MT `i ]i OUB non @3 QBg? TO&Cro TRIP CODES, Uny Tots AS, WSFAC ACDC, ASCBA ?P PA State Championships, Johnstown PA Mighty Mini Gators November 19th, 2005 PA, AS, WSFAC WSFCH, ?-- AS 1= All Spirit Nationals, Hershey PA ACDC, ASCBA December 4th, 2005 L Pee Wee (Exhibition Only) C,PA, AS, WSFAC ASCFL ! _ r 2 ?k ?ipr` WSFCH, ACDC ASCBA WSFAC = WSF, Atlantic City, NJ December 9th-11th, 2005 Youth PA, AS, WSFAC WSFCH, CTC = CTC American Grand, Las Vegas, NV ACDC, ASCBA December 16th-18th, 2005 Junior Purple '" This competition regoires that we all stay at the same hotel PA, AS, WSFAC ASCFL Pao may hoot youBight , hat oat you hotel Here info to WSFCH, ACDC, ASCBA follow Vk? A = All-Star Challenge, Ft Lauderdale, £Lt C&C Junior Extreme January 6th 8th, 2006 PA, AS, WSFAC, ASCFL WSFCH, BATB, ASCBA WSFCH 'wily Chicago, IL - ao QU" " C Senior Green ebruary 24th-26th, 2006 CAP- l PA, AS, WSFAC, ASCFL, WSFCH, BATB, ASCBA `ACDC = Battle at the Capital, Washington DC March 3rd-5th, 2006 _t Senior Purple 1`S PA, AS, WSFAC, ASCFL, ?BATB = Battle at the Beach, Myrtle Beach, SC WSFCH, BATB, ASCBA March 24th-26th, 2006 Senior Extreme _ ASCBA ='All-Star Challenge, Baltimore, MD PA, AS, WSF,ac, cTC ASCFL April 7th 9th 2006 WSFCH, BATB, ASCBA 'There will be a Dallas Fun Team. This team will be made up of kids from carious teams within our gym. You will be asked to compete by invite only. Information on this trip d', costs will be discussed later in our year. 1 s pQ?d??c?Q Tyny Tots Tuesday 6-7 Mini Gators Tuesday 6-7:30 Pee Wee Tuesday 6-8 Youth Monday 6-8 Jr Purple Monday 6-8 Jr Extreme Thursday 6-8 Senior Green Wednesday 6-8 Senior Purple Wednesday 6-8 Senior Extreme Wednesday 6-8 ?C?JGu G%n?G?f This6egins6/20/05 / Tyny Tots Tuesday 6-7 Thursday 6-7 Mini Gators Tuesday 7-8:30 Thursday 7-8:30 Pee Wee Tuesday 5:30-7:30 Thursday 5:30-7:30 Youth Monday 5:30-7:30 Wednesday 5:30-7:30 Jr Purple Monday 5:30-7:30 Wednesday 5.30-730 Jr Extreme Tuesday 7:30-9:30 Thursday 730-9:30 Senior Green Monday 7:30-9:30 Wednesday 7:30-9:30 Senior Purple Monday 7:30-9:30 Wednesday 7:30-9:30 Senior Extreme Monday 7:30-9:30 Wednesday 7:30-930 Z?@N 00O ?Q?lp Tyny Tots Tuesday 6-7 Sunday 1-2 Mini Gators Tuesday 6-7:30 Sunday 2-330 Pee Wee Tuesday 6-8 Sunday 2-4 ?.1 Youth Monday 6-8 Sunday 12-2 Jr Purple Monday 6-8 Sunday 12-2 y Jr Extreme Thursday 6-8 Sunday 4-6 Senior Green Wednesday 6-8 Sunday 4-6 Senior Purple Wednesday 6-8 Sunday 6-8 Senior Extreme Wednesday 6-8 Sunday 6-8 10/19/05 at 17:57:11.49 Page: 1 Cheer Tyn-.e Inc. Boosters Customer Ledgers For the Period From May 1, 2005 to Oct 19, 2005 Filter Criteria includes: 1) IDs from Varner, Kasey to Varner, Kasey. Report order is by ID. Report is printed in Detail Formal. Customer ID Date Trans No Type Debit Amt Credit Amt Balance Customer Varner, Kasey 5/19/05 Jr Purple Fee SJ 1,000.00 1,000.00 Steve Varner 5/19/05 Sr Purple Fee SJ 990.00 1,990.00 7/1/05 Hershey Photo CRJ 697.60 1,292.40 7/18/05 HersheyRides CRJ 26.33 1,266.07 7/25/05 Sponsor/Hoffman CRJ 100.00 1,166.07 9/12105 Photo CRJ 361.76 804.31 9/20/05 Photos CRJ 91.11 713.20 10/10/05 Sponsor/Manna CRJ 100.00 613.20 2- Oct PLAINTIFFS EXHIBIT C r) r-i 7 .r cx> KATHLEEN VARNER, Plaintiff V. CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL NOTICE TO PLEAD To: Kathleen Varner c/o Michael O. Palermo Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. RHOADS & SINON LLP Dated: April 7, 2006 Vincent L. Champion, Esquire One South Market Square, 12`h Floor P. O. Box 1146 Harrisburg, PA 17108-1146 (717- 233-5731 Attorneys for Cheer Tyme Inc., Vincent L. Champion, Esquire Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant KATHLEEN VARNER, Plaintiff V. CHEER TYME, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL Defendant DEFENDANT CHEER TYME, INC.,'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT NOW COMES, Defendant, Cheer Tyme Inc., ("Cheer Tyme") by and through its counsel Rhoads and Sinon LLP, and files the within Preliminary Objections to Plaintiff s Complaint and avers as follows: Plaintiff, Kathleen Varner originally brought an action against Cheer Tyme before the Honorable Charles A. Clement, Jr., Magisterial District Judge sitting in New Cumberland, Pennsylvania. 2. Judge Clement continued the aforementioned action and transferred it to District Court 09-3-03 located in Mount Holly Springs, PA. 3. After a hearing, Magisterial District Judge Susan K. Day, entered an Order finding in favor of Cheer Tyme, Inc., thereby dismissing Plaintiffs action. 602847 1 Consequently, on or about March 20, 2006, Plaintiff brought this instant appeal by filing a Complaint against Cheer Tyme in the Court of Common Pleas of Cumberland County (the "Complaint'). A true and correct copy of the Complaint is attached hereto as Exhibit "A". 5. On or about March 20, 2006 Plaintiff s Counsel mailed a copy of the Complaint to Cheer Tyme. (Complaint Cover Letter attached hereto as Exhibit "B") 6. In her Complaint, the Plaintiff raises a breach of contract claim and an unjust enrichment claim in connection with the provision of cheering and dance instruction to the Plaintiffs two children. 7. Cheer Tyme has in turn filed these Preliminary Objections because this Court is without personal jurisdiction and Plaintiff s claims are merit less. 1. PRELIMINARY OBJECTION FOR LACK OF PERSONAL JURISDICTION OVER CHEER TYME, INC., PURSUANT TO Pa. R.C.P. No. 1028(a)(1) 8. Cheer Tyme incorporates paragraphs 1-7 as though fully set forth at length. 9. Plaintiff failed to properly serve her Complaint on Cheer Tyme when she mailed the Complaint to Cheer Tyme. 10. Pursuant to Pa R.C.P. No. 1028(a)(1), "Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds... improper service ...of a Complaint". 11. Moreover, Pa. R. C. P. No. 400 governs the service of original process. 12. This section states in relevant part: "(a) [o]riginal process shall be served within the Commonwealth only by the sheriff." (emphasis added). -2- 13. As evidenced by the Plaintiff s cover letter accompanying her Complaint, Plaintiff failed to adhere to Pa. R. Civ. P. No. 400 when she mailed a copy of her Complaint to Cheer Tyme. 14. Consequently, Cheer Tyme was not properly served with original process and this Court is currently without personal jurisdiction over Cheer Tyme. WHEREFORE, Defendant, Cheer Tyme Inc., respectfully requests that this Honorable Court grant its Preliminary Objection for Lack of Personal Jurisdiction and dismiss the Plaintiffs Complaint. In the alternative, Cheer Tyme, Inc., requests that this Honorable Court direct the Plaintiff to properly serve Cheer Tyme Inc., with original Process. Il. PRELIMINARY OBJECTION FOR LEGAL INSUFFICIENCY OF A PLEADING BREACH OF CONTRACT-Pa R.C.P. No. 1028(x)(4) 15. Cheer Tyme incorporates paragraphs 1-14 as though fully set forth at length. 16. Pursuant to Pa R.C.P. No. 1028(a)(4), "Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds... legal insufficiency of a pleading." 17. Moreover, pursuant to Pa R.C.P. No. 1019(i) "When any claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient to so state, together with the reason, and to set for the substance in writing." 18. The Plaintiff s Complaint has failed to satisfy the foregoing requirements. 19. Specifically, paragraph four (4) of Plaintiffs Complaint alleges that "Plaintiff, Kathleen Varner entered into a fee agreement with Defendant, for her two (2) children, Kasey and Jessie, to be to be[sic] trained in cheering and dance specifically to be part of the `Competition Squad' and compete in competitions that were to commence in November 2005. -3- 20. In addition, Plaintiff attached, as Exhibit "A", a document which purportedly is the agreement referenced in paragraph four (4) of her Complaint. 21. However, the document attached as Exhibit "A" to Plaintiff's Complaint is an authorization form and not an agreement as alleged by the Plaintiff. 22. The document attached as Exhibit "A" is a standard form which has not been completed or "filled out" by either party. 23. Most importantly, the document attached as Exhibit "A" is unsigned by either party and is unrelated to any of the claims Plaintiff is raising in this action. 24. In fact, Exhibit "A" to Plaintiff's Complaint is devoid of any language requiring Cheer Tyme to provide the services alleged in paragraph five (5) of Plaintiff's Complaint. 25. Therefore, Plaintiff cannot establish the existence of an agreement with Cheer Tyme. WHEREFORE, Defendant, Cheer Tyme Inc., respectfully requests that this Honorable Court grant its Preliminary Objection for Legal Insufficiency of a Pleading and dismiss Plaintiff's Complaint. III. PRELIMINARY OBJECTION FOR LEGAL INSUFFICIENCY OF A PLEADING UNJUST ENRICHMENT-Pa R.C.P. No. 1028(a)(4) 26. Cheer Tyme incorporates paragraphs 1-25 as though fully set forth at length. 27. Plaintiffs Complaint is also devoid of any allegations that would establish her cause of action for unjust enrichment. 28. Namely, she has failed to specifically allege the nature of benefits conferred upon Cheer Tyme, Cheer Tyme's acceptance and retention of such benefits, and that it would be inequitable for Cheer Tyme to retain any of those benefits without payment for value. -4- 29. Significantly, the Plaintiff merely alleges that she is entitled to the receipt of monies donated to Cheer Tyme as a result of fundraising efforts and sponsorships obtained by her daughters. 30. There is no cognizable legal theory through which the Plaintiff can establish that she is entitled to fundraising monies donated to Cheer Tyme. 31. Thus her claims that Cheer Tyme was unjustly enriched must also be dismissed. WHEREFORE, Defendant, Cheer Tyme Inc., respectfully requests that this Honorable Court grant its Preliminary Objection for Legal Insufficiency of a Pleading and dismiss Plaintiffs Complaint. Respectfully Submitted, RHOADS & SINON LLP Vincent L. Champion, Esquire One South Market Square, 12`h Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Dated: April 7, 2006 (717) 233-5731 Attorneys for Defendant Cheer Tyme Inc., -5- VERIFICATION Scott Braasch, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, that he is the President and CEO of Cheer Tyme, Inc., and makes this verification by its authority and that the facts set forth in the foregoing Preliminary Objections are true and correct to the best of his knowledge, information and belief. Scott Bmasch CERTIFICATE OF SERVICE I hereby certify that on this 10`h day of April, 2006, a true and correct copy of the foregoing "Preliminary Objections to Plaintiffs Complaint" was served by means of United States mail, first class, postage prepaid, upon the following: Michael O. Palermo, Esquire Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 ??? .J ( - ? LJ -.. 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) Kathleen Varner (Plaintiff) vs. Cheer Tyme, Inc. (Defendant) No 1132 Civil 2006 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminarv Obiections and Demurrer to Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Michael 0. Palermo; Romineer, Bayley & Whare (Name and Address) 144 South Hanover St., Carlisle, PA 17013 (b) for defendant: Vincent L. Champion; Rhoads & Sinon LLP (Name and Address) 1 South Market Sq., P.O.Box 1146, Harrisburg, PA 17108-1146 3. I will notify all parties in writing within two days that this case has been listed for argument. Vincent L. Champion 4. Argument Court Date: May 17, 2006 Vincent L. Champion Print your name L/+ Cheer Tyme, Inc. Date: / j / 0 b Attorney for `,,; KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant : ARBITRATION DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice 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 Complaint 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KATHLEEN VARNER, Plaintiff V. CHEER TYME, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006-1132 CIVIL : ARBITRATION DEMANDED PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Plaintiff, KATHLEEN VARNER by and through counsel, Michael 0. Palermo, Jr., Esquire and in support of this AMENDED COMPLAINT in accordance with Pa. R. C. P. (c) (1) avers as follows: 1. Plaintiff, Kathleen Varner is an adult individual residing at 6501 Windmere Road, Harrisburg, PA 17111. 2. Cheer Tyme, Inc. (hereinafter "Defendant") is incorporated in Pennsylvania and believed to be doing business at 1400 Hummel Avenue, Lemoyne, Cumberland County, PA 17043. COUNT I. BREACH OF CONTRACT 3. Previous paragraphs are incorporated by reference as if fully set forth. 4. Plaintiff, Kathleen Varner entered into an oral fee agreement with Defendant, for her two (2) children, Kasey & Jessie, to be trained in cheering & dance. 5. Specifically, Plaintiff's children were to be part of the "Competition Squad" of Defendant and compete in competitions that were to commence in November 2005. "Cheer Tyme Tuition Payment Authorization Form" is attached hereto as Plaintiff's "Exhibit A". 6 Under said agreement, Plaintiff agreed to pay Defendant monetary consideration at a rate of $145.00 per month for both children to attend Defendant's gym, be part of a competition squad and compete at local and national cheerleading events. 7. Defendant, pursuant to the agreement, permitted Plaintiff's children to train at Defendant's gym and be part of the competition squad. 8. Additionally, pursuant to the oral agreement and the understanding of the parties by their performance, competitions, uniform packages, coach's fees and choreography camps were to be paid from "Booster Accounts" maintained by Defendant with monies paid into them by sponsors, work vouchers and parent contributions. 9. Plaintiff performed on this contract by paying $145.00 per month to Defendant from May 2005 up and through November 2005. 10. Defendant performed on the agreement by accepting Plaintiff s payment for her children and allowing Plaintiffs children to attend Defendant's gym and receive training from Defendant's instructors. 11. Plaintiff paid additional monies into said "Booster Account" which was set up and maintained by Defendant for "competition fees, coach's fees, uniform package and choreography camp fees". Said "Booster Account" is fully set out in the "Cheer Tyme 2005-2006 Season Handbook" attached hereto as "Plaintiff's Exhibit B". 12. On or about November 9, 2005, Plaintiff s daughters were summarily dismissed by Defendant and thus unable to attend Defendant's gym or practice with their respective team(s). 13. Plaintiff's received a call on November 10, 2005 from Scot Braasch, President/Coach of Defendant, stating that Plaintiff's children were not permitted on the premises of the Defendant's business. 14. Plaintiff requested a refund of her booster account money as without a competition squad, the training provided was useless to her daughters, as the routines learned, the outfits purchased and travel expenses were for the specific purpose of competition. 15. Defendant refused to return the money paid into Plaintiff's daughters account and are thus in breach of said agreement. 16. Said money in the booster account was never due and owing to Defendant and in fact was held separately for use by plaintiff's children. 17. Defendant has no rights to unearned and unused booster club money. 18. Nowhere in the Exhibits or oral understanding/agreement of the parties does it state that monies placed in the booster account were non-refundable. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant in Breach of Contract and award $1878.80 plus interests, costs and whatever other relief the courts deems necessary. COUNT II. UNJUST ENRICHMENT 19. Previous paragraphs are incorporated by reference as if fully set forth herein. 20. Plaintiff's daughters were given the opportunity per Defendant's `Work Vouchers' to be employed by Hershey Entertainment and in lieu of receiving a wage, Plaintiff's daughters were given vouchers to be credited on Plaintiffs "Booster Account" with Defendant. See "Customer Ledger of Defendant" attached hereto as "Plaintiff' s Exhibit C" 21. All fundraising and sponsorship money that participants in the Booster Club receive, are credited to said Booster account. Specifically see page 4 of "Plaintiff's Exhibit B". 22. As of March 20, 2006, Plaintiff should have a remaining balance in said "Booster Account" with Defendant of approximately $1376.80. 23. Plaintiff purchased $500.00 worth of Competition Uniforms for the upcoming competition season due to begin at the end of November 2005. 24. As of November 9, 2005, the date Plaintiff's daughters were dismissed from said classes; all monthly dues were paid in full. 25. The remaining balance of Plaintiff's daughters' booster account was to be used for competition fees, uniform fees, choreography camp and coach's fees that will not occur and costs that will not accrue due to the dismissal of Plaintiff's children. 26. Plaintiff has made numerous attempts for the return of the balance in the Booster account; however Defendant has refused to return said monies to Plaintiff. 27. Plaintiff no longer utilizes the facilities or staff of Defendant and last utilized the same on or about November 9, 2005. 28. Plaintiff paid for the entire month of November 2005; however, due to Defendant's actions they only received Defendant's services for nine (9) days of the month of November 2005. 29. Plaintiffs' children's labor at Hershey Entertainment resulted in the earning of wages of which were deposited into the "Booster Accounts" of Defendant. 30. Defendant received the benefit of Plaintiff's labor. 31. Defendant has failed to return monies in the Booster account and currently are able to appreciate such funds. 32. Defendant continues to accept and retain the financial benefits of Plaintiffs' children's labor. 33. It is inequitable for Defendant to retain the benefits in the form of unused booster account money without the payment of value to Plaintiff. 34. Defendant has been unjustly enriched in the amount of $1876.80, plus interest, in addition to the pro-rated amount of tuition for November 2005. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in for Plaintiff, finding Defendant was unjustly enriched; award $1876.80, plus interests accrued since November 9, 2005; costs and any other relief the Court deems necessary. Respectfully submitted, ROMINGER & WHARE y 7 06 X?( 0-14, Michael O. Palermo, Jr., squire 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff PA Supreme Court ID# 93334 (717) 241-6070 (717) 241-6878 KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant : ARBITRATION DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Amended Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cheer Tyme, Inc. C/O Vincent L. Champion, Esquire One South Market Square 12?h Floor Harrisburg, PA 17108-1146 Dated: April 27, 2006 Respectfully submitted, ROMINGER & WHARE Michael O. Palermo, Jr Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: April 27, 2006 Michael O. Palermo, Jr., E quire Attorney for Plaintiff Cheer Tyme Tuition Payment Authorization Form All Athlete's are required to have their authorization form on file at the front desk. To be a Cheer Tyme All-Star you agree to follow the requirements set forth by this agreement. Every all-star must have a method of automatic deduction, whether it be a credit card or checking/ savings account. Deductions will occur on the 6th of the month. You will have the first 5 days of the month to pay your monthly tuition by check if you choose to. By signing this authorization form you agree to the statements set forth above & below. Athlete Name: Parent (Billing Contact) Name: C? Please check, if you will not be paying by check & wish to have the funds always deducted from an account specified below. (If box is checked, please disregard the next paragraph.) If payment is not received by check/cash/credit card in the first 5 days of the month, I authorize Cheer Tyme to withdraw funds from an account below for payment. Furthermore, if any such debit(s) drawn off of a checking or savings account is returned for any reason, I authorize Cheer Tyme to collect such debit(s) with an added $20 bank fee. The athlete named above will not be allowed to participate in regular practices until collection is complete. We will allow our collection agency; to take any necessary actions if need be. I am a duly authorized check signer or have authorized credit card use on the account identified below, and authorized all of the above with my signature below. (Checking - Savings) Financial Institution Name: City: Routing Number: Branch: State: Zip: Account Number: (Credit Card) Credit Card Type: Account Number: . (AX, Visa, Mastercard, Discover) Expiration Date: *Please leave a copy of this credit card at the front desk* The authorization shall remain in full force and effect until Cheer Tyme, Inc. has received written notification from me of its termination in such time and in such manner as to afford Cheer Tyme, Inc. a reasonable opportunity to act on it. Please indicate the amount you wish to be deducted for: May 05:_ l (These figures should be your monthly tuition) June '04 - March '06: (each month) Aprd'06: You have the option to pay for the entire year up-front. If you choose to do so, we will give you your last month (April) for free. This is an 8% discount on tuition costs. Parent/ Billing Contact Signature: PLAINTIFFS EXHIBIT IN- I Date: i e .. t ? ? ? ? ? I I I a e AVWWw 14LGB Emma Mel 0 dam Pw t 7-117?7M431WW - FMX PLAINTIFFS EXHIBIT - r Scott Braasch 'president, Coach (717) 648-7223 CtymeCrash@aol.com Kim Braasch Vice-president (717) 648-7224 CtymeKim@aol.com Kevin Braasch Gym Manager (717) 395-5171 Kevcheer@comcast.net Kim & Kevin Accounts (717) 761-6600 Ctymeaccounts@yahoo.com Jodi Luevano Fundraising Coordinator (717) 564-7217 CraftyJodi@aol.com Denise Misheck Receptionist/Secretary/Coach (717) 944-6867 denisemish@aol.com Christin Miller All-Star Coach (717) 215-9277 cheertymetris@aol.com TylerZoellner Ail-Star Tumbling Coach 1717)418-4198 tylanel7@aol.com Lark Wood Ali-Star Tumbling Coach (240) 472-5421 izgood22@yahoo.com Nikki James Ail-Star Coach (717) 986-0171 xocnikkitox@comcast.net Jess Misheck All-Star Coach (717) 343-1384 bebej04@aol.com Jeanne Temple All-Star Coach/Stunt Groups (717) 795-2997 jtemple@bigspring.ki2.pa.us Lauren Crawford All-Star Coach (717) 343-8965 jnrcheer@comcast.net Barb Bielawa All-Star Coach (717) 350-0213 1@4000 f ? -T 1 ?9 ?i /rl ,I ? At the start of the season, you will be charged on your booster account a $35 maintenance/set-up fee. All family's will be on one account, and only charged $35 as well, ? At the start of the season, you will be charged on your booster account for: Competition Fees, Coaches Fees, Uniform Package (those not needing the entire uniform, will have this amount adjusted), and Choreography Camp Fee. ?;?= C,?= L' Lev IL-e ? Each month you may request a booster club statement showing i transactions taken place in that month. Credits (Payments or Profits made) Debits (Charges to accounts, competitions fees, or vouchers used) ? At the bottom of each statement will be a balance If it Is 0, then you have an even balance If it has (-) in front of the amount, this is your credit If it has an amount, positive, this is the amount still due. ? Your Booster Club account is set up to be paid up by January 1st. Payments are due the 1st of the month, starting June 1st. You will have 8 payments to pay off the amount, those that choose to fundraiser, must fundraise to cover what your monthly payment would have been. You must be making monthly payments, those that stop paying, will result in your child sitting out at practices. ? All questions regarding statements need to be directed to either Kevin or Kim. We are both available at the gym, or by e-mailing CT ymeAccounts@yahoo.com. All payments can be mailed or placed in the wooden box in the hallway. 2 We have put together a payment plan again this year for our Booster Club. Your Booster Club account is where you pay for your competition fees, unl- form fees, choreography camp, & coaches fees. At the start of the season, you will be charged a Booster Maintenance/Set-up Fee of $35.00. This is per family, not per athlete. All the fundraising & sponsorships that you receive will go into your Booster Account, and deduct from the charges listed below. As already mentioned, you may request a copy of your state- ment each month, they will not be mailed to you. You must make 8 payments ins your Booster Account. They will begin on June 1 st, and do within the first 5 days of the month. If payment is not re- ceived by the 6th day of the month, you will receive a phone call, with the option to have it deducted from your checking/savings/credit card account on file. Your last payment is due January 1 St. Any athlete's with out- standing money at that time, will not be allowed to compete, until payment is received. Below you will find your costs: Tyny Tots Coaches Fee: $30.00 Uniform Fee: $200.00 Choreography Camp: $75.00 Competition Fees: $385.00 y TOTAL: $690.00 EACH PAYMENT: $86.25 I Mighty Mini Gators & Youth Coaches Fee: $60.00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $520.00 TOTAL: $990.00 EACH PAYMENT: $123.75 Jr. Extreme, Sr. Green, Sr. Purple Coaches Fee: $80.00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $610.00 TOTAL: $1240.00 EACH PAYMENT: $155.00 NOTE: Some of you will not need to order a uniform. You will be able to order the uniform in parts. We will make any adjustments to your accounts as needed. Pee Wee & Junior Purple Coaches Fee: $96. 00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $620.00 TOTAL: $1250.00 EACH PAYMENT: $156.25 Senior Extreme Coaches Fee: $100.00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $610.00 TOTAL: $1260.00 EACH PAYMENT: $157.50 '"These Fee's do NOT include CTC in Las Vegas or NCA in Dallas. You will be charged at a later dare for those. 13 p? Lc? ?aaDc? Uo Mmg@ Q00 ° ° °? ? Please send any comments or questions about your account to Ctymeaccounts@yahoo.com 8 (D)OM(B(ETO , C' pB(pe,)Oo QWoUW@) TOdp aO12oQ W cMg5 no @00M a@ pOIg&6Boa CEO COEGG L OO U LD(P Ik)df Mg fM27 009ftO POOMn 5 Q100 T0&P6 TRIP CODES, lyn" Tots AS, WSFAC, ACDC, ASCBA. l A '= PA State Championships, Johnstown PA Mighty Mini Gators November 19th, 2005 PA, AS, WSFAC, WSFCH, ' = Alt-Spirit Nationals, Hershey PA AcDC, ASCBA V December 4th, 2005 r pee Wee (Exhibition Only) PA, AS, WSFAC, ASCFL, WSFCH, ACDC, ASCBA. 7W FAC'= WS& Atlantic City, NJ !, December 9th-11 th, 2005 U10 Gk' Youth PA, AS, WSFAC, WSFCH, CTC = CTC American Grand, Las Vegas, NV ACDC, ASCBA December 16th-l8th, 2005 Junior Purale * This competition reyuaes that we all stay at tie same hotel PA, AS, WSFAC, ASCFL, Poo may hoot your digit, iut not your iote1 More info to WSFCH, ACDC, ASCBA follow. ??a ? A F = All-Star Challenge, Ft Lauderdale, FL, "`?• Junior Extreme January 6th-8th, 2006 PA, AS, WSFAC, ASCFL WSFCH, BATB, ASCBA WS CF = WS& Chicago, ,,Senior Green ebruary 24th-26th, 2006 PA, AS, WSFAC, ASCFL, WSFCH, BATB, ASCBA CDC = Battle at the Capital, Washington DC March 3rd-5th, 2006 Senior PurRie PA, AS, WSFAC, ASCFL, DATA = Battle at the Beady Myrtle Beach, SC WSFCH, BATB, ASCBA March 24th-26th, 2006 Senior Extreme ASCDA?-Ail-Star Challenge, Baltimore, MD PA, AS, WSFAC, CTC, ASCFL, WSFCH, BATB, ASCBA April 7th-9th, 2006 *There will be a Dallas Fun Teem. This team will be made up of kids from ?_,ar"sous teams within our gym. You will be asked to compete by invite only. Information on this trip & costs well be discussed later in our year. 4 3 k ;a - _ P t p?c?a?ac?c?P s Tyny Tots Tuesday 6-7 Mini Gators Tuesday 6-7:30 v - '? Pee Wee Tuesday 6-8 Youth Monday 6-8 Jr ,Purple Monday 6-8 C Jr Extreme Thursday 6-8 Senior Green Wednesday 6-8 Senior Purple Wednesday 6-8 Senior Extreme Wednesday 6-8 This begins 6/20/05 w' Tyny Tots Tuesday 6-7 Thursday 6-7 Mini Gators Tuesday 7-8:30 Thursday 7-8:30 Pee Wee Tuesday 5:30-7:30 Thursday 5:30-7:30 Youth Monday 5:30-7:30 Wednesday 5:30-7:30 Jr Purple Monday 5:30-7:30 Wednesday 5:30-7:30 Jr Extreme Tuesday 7:30-9:30 Thursday 7:30-9:30 Senior Green Monday 7:30-9:30 Wednesday 7:30-9:30 Senior Purple Monday 7:30-9:30 Wednesday 7:30-9:30 Senior Extreme Monday 7:30-9:30 Wednesday 7:30-9.30 Tyny Tots Tuesday 6-7 Sunday 1-2 Mini Gators Tuesday 6-7:30 Sunday 2-3:30 Pee Wee Tuesday 6-8 Sunday r- 2-4 44 Youth Monday 6-8 Sunday 12-2 Jr Purple =---- Monday 6-8 Sunday 12-2 _4 -? Jr Extreme Thursday 6-8 Sunday 4-6 Senior Green Wednesday 6-8 Sunday 4-6 Senior Purple Wednesday 6-8 Sunday 6-8 Senior Extreme Wednesday 6-8 Sunday 6-8 Page: l 10i19105 at 17:57:11.49 Cheer Tyne Inc. Boosters • Customer Ledgers ' For the Period From May 1, 2005 to Oct 19, 2005 Filter Criteria includes: 1) IDs from Varner, Kasey to Varner, Kasey. Report order is by ID. Report is printed in Detail Format. Customer ID Date Trans No Type Debit Amt Credit Amt Balance Customer Varner, Kasey 5/19/05 Jr Purple Fee SJ 1,000.00 990 00 1,000.00 990.00 1 Steve Varner 5/19/05 7/1/05 . Sr Purple Fee SJ Hershey Photo CRJ , 697.60 1,292.40 7il8/05 HersheyRides CRJ 26.33 1,266.07 166.07 00 1 100 7i25/05 Sponsor/Hoffrnan CRJ , . 76 804.31 361 9/12/05 9/20/05 Photo CRJ Photos CRJ . 91.11 713.20 10/10/05 Sponsor/Manna CRJ 100.00 613.20 t ? J l C? F- I PLAINTIFF'S EXHIBIT G L D _ . _ -? 7 r ? -1 'v"i ? .1 _"'"? ?:-!.? ? _ `' -: _.? C. ti i l C 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) Kathleen Varner (Plaintiff) VS. Cheer Tyme, Inc. (Defendant) No. 1132 Civil . 2006 Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections and Demurrer to Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Michael 0. Palermo; Rominger, Bayley & Whare (Name and Address) 144 South Hanover St., Carlisle, PA 17013 (b) for defendant: Vincent L. Champion; Rhoads & Sinon LLP (Name and Address) 1 South Marke+ Sq., P.O. Box 1146, Harrisburg, PA 17108-1146 3. I will notify all parties in writing within two days that this case has been listed for argument Vincent L. Champion 4. Argument Court Date: Cheer Tyme. Inc. Date: June 22, 2006 Attorney for Defendant Vincent L. Champion Print your name KATHLEEN V V. Plaintiff CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL NOTICE TO PLEAD To: Kathleen Varner c/o Michael O. Palermo Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. RHOADS & SINON LLP 4 l4? Dated: June 21, 2006 Vincent L. Champion, Esquire One South Market Square, 12'h Floor P. O. Box 1146 Harrisburg, PA 17108-1146 (717-233-5731 Attorneys for Cheer Tyme Inc., Vincent L. Champion, Esquire Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant KATHLEEN VARNER, T OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. Plaintiff CHEER TYME, INC., Defendant CIVIL ACTION - LAW NO. 2006-1132 CIVIL DEFENDANT CHEER TYME, INC.,'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT NOW COMES, Defendant, Cheer Tyme Inc., ("Cheer Tyme") by and through its counsel Rhoads and Sinon LLP, and files the within Preliminary Objections to Plaintiffs Amended Complaint and avers as follows: Plaintiff, Kathleen Varner originally brought an action against Cheer Tyme before the Honorable Charles A. Clement, Jr., Magisterial District Judge sitting in New Cumberland, Pennsylvania. 2. Judge Clement continued the aforementioned action and transferred it to District Court 09-3-03 located in Mount Holly Springs, PA. 3. After a hearing, Magisterial District Judge Susan K. Day entered an Order finding in favor of Cheer Tyme, Inc., thereby dismissing Plaintiff s action. 612060.1 4. Consequently, on or about March 20, 2006, Plaintiff brought this instant appeal by filing a Complaint against Cheer Tyme in the Court of Common Pleas of Cumberland County (the "Complaint"). A true and correct copy of the Complaint is attached hereto as Exhibit "A". 5. In her Complaint, the Plaintiff alleged that Cheer Tyme was liable for breach of contract and that Cheer Tyme was unjustly enriched based upon funds that it received as a result of the Plaintiff's and her children's fundraising efforts. 6. Significantly, Plaintiff attached an unsigned and incomplete document which she purported to be the contract in issue. Accordingly, on April 10, 2006, Cheer Tyme filed Preliminary Objections to Plaintiffs Complaint. 8. As a result, on April 27, 2006 Plaintiff filed an Amended Complaint. 9. However, Plaintiff did not serve Cheer Tyme with the Amended Complaint until June 5, 2006. 10. In Plaintiff s Amended Complaint, she now raises a breach of oral contract claim and an unjust enrichment claim in connection with fundraising efforts the Plaintiff and her children undertook on behalf of Cheer Tyme. 11. Specifically, Plaintiff claims entitlement to charitable funds that she and/or her daughters raised on behalf of Cheer Tyme. 12. Cheer Tyme now files these Preliminary Objections because Plaintiff has insufficiently pled her claim of breach of oral contract and because her unjust enrichment claims are improper. 1. PRELIMINARY OBJECTION FOR INSUFFICIENT SPECIFICITY IN A PLEADING PURSUANT TO Pa. R.C.P. No. 1028(a)(3) 13. Cheer Tyme incorporates paragraphs 1-12 as though fully set forth at length. -2- 14. Plaintiff has failed to sufficiently specify her breach of oral contract claim. 15. Pursuant to Pa R.C.P. No. 1028(a)(3), "Preliminary Objections may be filed by any party to any pleading and are limited to the following grounds... insufficient specificity in a pleading". 16. Here, the Plaintiff has failed to specify the time, place, parties and terms upon which the oral contract was formed. 17. Consequently, Plaintiff has not sufficiently pled the existence of this purported oral contract. WHEREFORE, Defendant, Cheer Tyme hic., respectfully requests that this Honorable Court grant its Preliminary Objection for her failure to sufficiently specify the existence of an oral contract and dismiss the Plaintiff s Amended Complaint. In the alternative, Cheer Tyme, Inc., requests that this Honorable Court direct the Plaintiff to properly sufficiently plead the existence of the oral contract. II. PRELIMINARY OBJECTION FOR LEGAL INSUFFICIENCY OF A PLEADING UNJUST ENRICHMENT-Pa R.C.P. No. 1028(a)(3),(4) 18. Cheer Tyme incorporates paragraphs 1-17 as though fully set forth at length. 19. Plaintiffs Complaint is also devoid of any allegations that would establish her cause of action for unjust enrichment. 20. Namely, she has failed to specifically allege the nature of benefits conferred upon Cheer Tyme, Cheer Tyme's acceptance and retention of such benefits, and that it would be inequitable for Cheer Tyme to retain any of those benefits without payment for value. 21. Significantly, the Plaintiff merely alleges that she is entitled to the receipt of monies donated to Cheer Tyme as a result of fundraising efforts and sponsorships obtained by her daughters. -3- 22. There is no cognizable legal theory through which the Plaintiff can establish that she is entitled to fundraising monies donated to Cheer Tyme. 23. Thus her claims that Cheer Tyme was unjustly enriched must also be dismissed. WHEREFORE, Defendant, Cheer Tyme Inc., respectfully requests that this Honorable Court grant its Preliminary Objection for Legal Insufficiency of a Pleading and dismiss Plaintiff's Complaint. Respectfully Submitted, RHOADS & SINON LLP %/ ?. Vincent L. Champion, Esquire One South Market Square, 12'h Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Dated: June 21, 2006 (717) 233-5731 Attorneys for Defendant Cheer Tyme hic., -4- VERIFICATION Scott Braasch, deposes and says, subject to the penalties of 18 Pa, C.S. §4904 relating to unworn falsification to authorities, that he is the President and CPO of Cheer Tyme, Inc., and makes this verification by its authority and that the facts set forth in the foregoing Preliminary Objections are true and correct to the best of his knowledge, information and belief. Scott Braasch CERTIFICATE OF SERVICE I hereby certify that on this Z 0 day of June, 2006, a true and correct copy of the foregoing "Preliminary Objections to Plaintiff's Complaint" was served by means of United States mail, first class, postage prepaid, upon the following: Michael O. Palermo, Esquire Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 "' c> '"? o r -n 1?'. .`.J G3 N - 'a i1 ?-'? `r -? -' f?: KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant : ARBITRATION DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following Complaint, you must take action within twenty (20) days after this Complaint and Notice 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 Complaint 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KATHLEEN VARNER, Plaintiff V. CHEER TYME, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006-1132 CIVIL : ARBITRATION DEMANDED PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Plaintiff, KATHLEEN VARNER by and through counsel, Michael 0. Palermo, Jr., Esquire and in support of this AMENDED COMPLAINT in accordance with Pa. R. C. P. (c) (1) avers as follows: 1. Plaintiff, Kathleen Varner is an adult individual residing at 6501 Windmere Road, Harrisburg, PA 17111. 2. Cheer Tyme, Inc. (hereinafter "Defendant") is incorporated in Pennsylvania and believed to be doing business at 1400 Hummel Avenue, Lemoyne, Cumberland County, PA 17043. COUNT I. BREACH OF CONTRACT 3. Previous paragraphs are incorporated by reference as if fully set forth. 4. Plaintiff, Kathleen Varner attended a "Parent Meeting" in early June 2005 at Defendants place of business located at 1400 Hummel Avenue, Lemoyne, Cumberland County, PA 17043. 5. At said meeting, Scot Braasch and Kevin Braasch, President and Vice President, respectively of Defendant were present and personally explained and went over the terms of being part of the team and participating in all aspects of with Defendant dealings. 6 At this meeting, Plaintiff entered into an oral fee agreement for her two (2) children, Kasey & Jessie, to be trained in cheering, dance and to participate in the "Booster Accounts". It was understood at that time that the "Booster Account" was not a donation to Cheer Tyme. 7. Specifically, Plaintiff's children were to be part of the "Competition Squad" of Defendant and compete in competitions that were to commence in November 2005. "Cheer Tyme Tuition Payment Authorization Form" is attached hereto as Plaintiff s "Exhibit A". 8. Under said agreement, Plaintiff agreed to pay Defendant monetary consideration at a rate of $145.00 per month for both children to attend Defendant's gym, be part of a competition squad and compete at local and national cheerleading events. 9. Defendant, pursuant to the agreement, permitted Plaintiffs children to train at Defendant's gym and be part of the competition squad. 10. Additionally, pursuant to the oral agreement and the understanding of the parties by their performance, competitions, uniform packages, coach's fees and choreography camps were to be paid from "Booster Accounts" maintained by Defendant with monies paid into them by sponsors, work vouchers and parent contributions. 11. Plaintiff performed on this contract by paying $145.00 per month to Defendant from May 2005 up and through November 2005. 12. Defendant performed on the agreement by accepting Plaintiff's payment for her children and allowing Plaintiff's children to attend Defendant's gym and receive training from Defendant's instructors. 13. Plaintiff paid additional monies into said "Booster Account" which was set up and maintained by Defendant for "competition fees, coach's fees, uniform package and choreography camp fees". Said "Booster Account" is fully set out in the "Cheer Tyme 2005-2006 Season Handbook" attached hereto as "Plaintiff s Exhibit B". 14. On or about November 9, 2005, Plaintiff's daughters were summarily dismissed by Defendant and thus unable to attend Defendant's gym or practice with their respective team(s). 15. Plaintiff s received a call on November 10, 2005 from Scot Braasch, President/Coach of Defendant, stating that plaintiff s children were not permitted on the premises of the Defendant's business. 16. Plaintiff requested a refund of her booster account money as without a competition squad, the training provided was useless to her daughters, as the routines learned, the outfits purchased and travel expenses were for the specific purpose of competition. 17. Defendant refused to return the money paid into Plaintiffs daughters account and are thus in breach of said agreement. 18. Said money in the booster account was never due and owing to Defendant and in fact was held separately for use by plaintiffs children. 19. Defendant has no rights to unearned and unused booster club money. 20. Nowhere in the Exhibits or oral understanding/agreement of the parties does it state that monies placed in the booster account were non-refundable. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff and against Defendant in Breach of Contract and award $1878.80 plus interests, costs and whatever other relief the courts deems necessary. COUNT II. UNJUST ENRICHMENT 21. Previous paragraphs are incorporated by reference as if fully set forth herein. 22. Plaintiff's daughters were given the opportunity per Defendant's `Work Vouchers' to be employed by Hershey Entertainment and in lieu of receiving a wage, Plaintiff s daughters were given vouchers to be credited on Plaintiffs "Booster Account" with Defendant. See "Customer Ledger of Defendant" attached hereto as "Plaintiff's Exhibit C". 23. All fundraising and sponsorship money that participants in the Booster Club receive are credited to said Booster account. Specifically see page 4 of "Plaintiff's Exhibit B". 24. As of March 20, 2006, Plaintiff should have a remaining balance in said "Booster Account" with Defendant of approximately $1376.80. 25. Plaintiff purchased $500.00 worth of Competition Uniforms for the upcoming competition season due to begin at the end of November 2005. 26. As of November 9, 2005, the date Plaintiffs daughters were dismissed from said classes; all monthly dues were paid in full. 27. The remaining balance of Plaintiff s daughters' booster account was to be used for competition fees, uniform fees, choreography camp and coach's fees that will not occur and costs that will not accrue due to the dismissal of Plaintiffs children. 28. Plaintiff has made numerous attempts for the return of the balance in the Booster account; however Defendant has refused to return said monies to Plaintiff. 29. Plaintiff no longer utilizes the facilities or staff of Defendant and last utilized the same on or about November 9, 2005. 30. Plaintiff paid for the entire month of November 2005; however, due to Defendant's actions they only received Defendant's services for nine (9) days of the month of November 2005. 31. Plaintiffs' children's labor at Hershey Entertainment resulted in the earning of wages of which were deposited into the "Booster Accounts" of Defendant. 32. Defendant received the benefit of Plaintiff's labor in the form of money. 33. Defendant additionally received monetary value in the form of currency for Plaintiff's children's labor. 34. Defendant accepted these monies and has failed to return monies in the Booster account and currently are able to appreciate such funds. 35. Defendant continues to accept and retain the financial benefits [monies] of Plaintiffs' children's labor. Said funds were consequently earned and deposited into Cheer Tyme accounts set up for the plaintiff's children. 36. It is inequitable for Defendant to retain the benefits in the form of unused booster account money without the payment of value to Plaintiff. 37. Defendant has been unjustly enriched in the amount of $1876.80, plus interest, in addition to the pro-rated amount of tuition for November 2005. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in for Plaintiff, finding Defendant was unjustly enriched; award $1876.80, plus interests accrued since November 9, 2005; costs and any other relief the Court deems necessary. Respectfully submitted, ROMINGER & WHARE - la4a-Ajo- -- Michael O. Palermo, Jr., quire 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff PA Supreme Court ID# 93334 (717) 241-6070 (717) 241-6878 KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant : ARBITRATION DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Amended Complaint upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cheer Tyme, Inc. GO Vincent L. Champion, Esquire One South Market Square 12"' Floor Harrisburg, PA 17108-1146 Dated: July 11, 2006 Respectfully submitted, ROMINGER & WHARE pea'a % Michael 0. Palermo, Jr., quire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff VERIFICATION Michael O. Palermo, Jr., Esquire, states that he is the attorney for, Plaintiff in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: July 11, 2006 Michael O. Palermo, Jr., Esq ire Attorney for Plaintiff All Athlete's are required to have their authorization form on file at the front desk. To be a Cheer Tyme All-Star you agree to follow the requirements set forth by this agreement. Every all-star must have a method of automatic deduction, whether it be a credit card or checking/ savings account. Deductions will occur on the 6th of the month. You will have the first 5 days of the month to pay your monthly tuition by check if you choose to. By signing this authorization form you agree to the statements set forth above & below. Athlete Name: Parent (Billing Contact) Name: Please check, if you will not be paying by check & wish to have the funds always deducted from an account specified below. (If box is checked, please disregard the next paragraph.) If payment is not received by check/cash/credit card in the first 5 days of the month, I authorize Cheer Tyme to withdraw funds from an account below for payment. Furthermore, if any such debit(s) drawn off of a checking or savings account is returned for any reason, I authorize Cheer Tyme to collect such debit(s) with an added $20 bank fee. The athlete named above will not be allowed to participate in regular practices until collection is complete. We will allow our collection agency; to take any necessary actions if need be. I am a duly authorized check signer or have authorized credit card use on the account identified below, and authorized all of the above with my signature below. (Checking - Savings) Financial Institution Name: Branch: City: Routing Number: State: Zip: Account Number: (Credit Card) Credit Card Type: Account Number: (AX, Visa, Mastercard, Discover) Expiration Date: *Please leave a copy of this credit card at the front desk* The authorization shall remain in full force and effect until Cheer Tyme, Inc. has received written notification from me of its termination in such time and in such manner as to afford Cheer Tyme, Inc. a reasonable opportunity to act on it. A Please indicate the amount you wish to be deducted for: May'05: _T_ tt (These figures should be your monthly tuition) j ^! June '04 - March '06: " (each month) d 1_ April '06: -J You have the option to pay for the entire year up-front. If you choose to do so, we will give you your last month (April) for free. This is an 8% discount on tuition costs. Parent/ Billing Contact Signature: A Date: PLAINTIFFS EXHIBIT _- L / h?AIM ? ymp 2005 29u.. a a PLAINTI FPS EXHIBIT O?xO? C??l 15 Scott Sraasch President, Coach Kim Braasch Vice-president Kevin Sraasch Gym Manager Kim & Kevin Accounts Jodi Luevano Fundraising Coordinator Denise Misheck Receptionist/Secretary/Coach Christin Miller All-Star Coach TylerZoeliner All-Star Tumbling Coach Lark Wood Ali-Star Tumbling Coach Nikki James All-Star Coach Jess Misheck All-Star Coach Jeanne Temple All-Star Coach/Stunt Croups Lauren Crawford All-Star Coach Barb Bielawa All-Star Coach (717) 648-7223 CtymeCrash@aol.com (717) 648-7224 CtymeKim@aol.com (717) 395-5171 Kevcheer@comcast.net (717) 761-6600 Ctymeaccounts@yahoo.com (717) 564-7217 CraftyJodi@aol.com (717) 944-6867 denisemish@aol.com (717) 215-9277 cheertymetris@aol.com 1717) 418-4198 tylanel7@aol.com (240) 472-5421 izgood22@yahoo.com (717) 986-0171 xocnikkitox@comcast.net (717) 343-1384 bebej04@aol.com (717) 793-2997 jtemple@bigspring.kl2.pa.us (717) 343-8965 jnrcheer@comcast.net (717) 350-0213 / i b- ! 9 ? At the start of the season, you will be charged on your booster account a $35 maintenance/set-up fee. All family's will be on one account, and only charged $35 as well. ? At the start of the season, you will be charged on your booster account for: Competition Fees, Coaches Fees, Uniform Package (those not needing the entire uniform, will have this amount adjusted), and i Choreography Camp Fee. ? Each month you may request a booster club statement showing ail transactions taken place in that month. Credits (Payments or Profits made) Debits (Charges to accounts, competitions fees, or vouchers used) ? At the bottom of each statement will be a balance If it is 0, then you have an even balance If it has (-) in front of the amount, this is your credit If it has an amount, positive, this is the amount still due. ? Your Booster Club account is set up to be paid up by January 1st. Payments are due the 1st of the month, starting June 1st. You will have 8 payments to pay off the amount, those that choose to fundraiser, must fundraise to cover what your monthly payment would have been. You must be making monthly payments, those that stop paying, will result in your child sitting out at practices. ? All questions regarding statements need to be directed to either Kevin or Kim. We are both available at the gym, or by e-mailing CTymeAccountlfthoo.com. All payments can be mailed or placed in the wooden box in the hallway. i' 2 n ? 1. -.7o?t We have put together a payment plan again this year for our Booster Club. Your Booster Club account is where you pay for your competition fees, uni- form fees, choreography camp, & coaches fees. At the start of the season, you will be charged a Booster Maintenance/Set-up Fee of $35.00. This is per family, not per athlete. All the fundraising & sponsorships that you receive will go into your Booster Account, and deduct from the charges listed below. As already mentioned, you may request a copy of your state- ment each month, they will not be mailed to you. You must make 8 payments ins your Booster Account. They will begin on June 1 st, and do within the first 5 days of the month. If payment is not re- ceived by the 6th day of the month, you will receive a phone call, with the option to have it deducted from your checking/savings/credit card account on file. Your last payment is due January 1 St. Any athlete's with out- standing money at that time, will not be allowed to compete, until payment is received. Below you will find your costs: Tyny Tots Coaches Fee: $30.00 Uniform Fee: $200.00 Choreography Camp: $75.00 Competition Fees: $385.00 TOTAL: $690.00 EACH PAYMENT: $86.25 Mighty Mini Gators & Youth Coaches Fee: $60.00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $520.00 TOTAL: $990.00 EACH PAYMENT: $123.75 Jr. Extreme, Sr. Green, Sr. Purple Coaches Fee: $80.00 I Uniform Fee: $400.00 i Choreography Camp: $150.00 Competition Fees: $610.00 TOTAL: $1240.00 ! EACH PAYMENT: $155.00 1 NOTE: Some of you will not need to order a uniform. You will be able to order the uniform in parts. We will make any adjustments to your accounts as needed. Pee Wee & Junior Purple Coaches Fee: $ 0.00 Uniform Fee: $400.00 Choreography Camp: $150.00 Competition Fees: $620.00 TOTAL: $1250.00 EACH PAYMENT: $156.25 Senior Extreme Coaches Fee: $100.00 i Uniform Fee: $400.00 Choreography Camp: $150.00 l Competition Fees: $610.00 TOTAL: $1260.00 EACH PAYMENT: $157.50 11 *nese Fee's do NOT include CTC in Las Vegas or NCR in Dallas. Yo:i will be charged at a I later dare for those. ZU T&5 (I'mp Mmpr-Y, Please send any comments or questions about your account to Ctymeaccounts@yahoo.com 0 "O L?D0GFO(j? Q(D?rro 27odp [ ?Go QcoOMg5 a@? 00o CM ao pog?8dO(:Po YG GOU M@U b(P bOod?fMg M27 GUDW M(DOMO TD00 T(P919'o TRIP CODES: pA ' PA State Championships, Johnstown P1 November 19th, 2005 = All-Spirit Nationals, Hershey PA December 4th, 2005 (Exhibition Only) r,v r C11 WS]rrAC;= WSZ Atlantic City, NJ ,C'7 < _ December 9th-11 th, 2005 C`FC = CTC American Grand, Las Vegas, NV December 16th-18th, 2005 This competitien requires that we aff stay at the same hotel Ted may Mk your Aight, hot not your hotel gore info to Affew. &'_? y ??CG ACS FL = All-Star Challenge, Ft Lauderdale, FLL- January 6th-8th, 2006` WS CF WS Chicago, IL - ao ebruary 24th-26th, 2006 1 Ilk ,_?RCDC = Battle at the Capital, Washington DC . L March 3rd-5th, 2006 DATD = Battle at the Beach, Myrtle Beach, SC March 24th-26th, 2006 _' 2C ASOk- A11-Star Challenge, Baltimore, MD April 7th-9th, 2006 lyny Tots Mighty Mini Gators PA, AS, \X/SFAC, WS-CH, ACDC, ASCBA Pee Wee PA, AS, ?t/SFA,C. ASUL, X/SFCH, ACDC. ASCBA Mouth PA, AS, WSFCC, \/YSFCH, ACDC, ASCBA Junior Purple AS, 1X/SFAC, ASCFL, V,/Sr'--CH, ACDC, ASCBA Junior Extreme PA, AS. vc/SFAC, ASCFi , V/SFCH, BATE, ASCBA Senior Green PA, AS, V/SFAC, ASCL, WSFCH, BATB, ASCBA _t Senior Purple PA, AS, WSFAC, ASCFL, WSFCH, BATB, ASCBA Senior Extreme PA, AS, WSFAC, CTC, ASCFL , WSFCH, BATB, ASCBA r -There will be a Dallas Fun Team. This team will be made up of kids from ter, r'sous teams within our gym. You will be asked to compete by invite only. I Information on this trip & costs will be discussed later in our year. 4 Tyny Tots Tuesday 6-7 Mini Gators Tuesday 6-730 Pee Wee Tuesday 6-8 Youth Monday 6-8 Jr Purple Monday 6-8 v Jr Extreme Thursday 6-8 Senior Green Wednesday 6-8 Senior Purple Wednesday 6-8 Senior Extreme Wednesday 6-8 this begins 6/26/05 ? Tyny Tots Tuesday 6-7 Thursday 6-7 Mini Gators Tuesday 7-8:30 Thursday 7-8:30 Pee Wee Tuesday 5:30-7:30 Thursday 5:30-7:30 Youth Monday 5:30-7-30 Wednesday 5:30-7:30 Jr Purple Monday 5:30-7:30 Wednesday 5:30-7:30 Jr Extreme Tuesday 7:30-9:30 Thursday 7:30-9:30 Senior Green Monday 7:30-9:30 Wednesday 7:30-9:30 Ceninr Purple Monday 7:30-9:30 Wednesday 7:30-9:30 Senior Extreme Monday 7:30-9:30 Wednesday 7:30-9:30 ?))GlJ UU(-O)U If iMR 1U Tyny Tots Tuesday 6-7 Sunday 1-2 Mini Gators Tuesday 6-7:30 Sunday 2-3:30 Pee Wee Tuesday r- 6-8 Sunday 2-4 Youth y Jr Purple Monday 6-8 Sunday 12-2 -V Jr Extreme Thursday 6-8 Sunday 4-6 Senior Green Wednesday 6-8 Sunday 4-6 Senior Purple Wednesday 6-8 Sunday 6-8 Senior Extreme Wednesday 6-8 Sunday 6-8 6-8 Sunday 12-2 Monda F) to/ 19,05 at 17:57 11.49 Cheer Tytt:e Inc. Boosters Customer Ledgers For the Period From May 1, 2005 to Oct 19, 2005 Filter Criteria includes. 1) IDs from Varner, Kasey to Varner, Kasey. Report order is by ID. Report is printed in Detail Format. Customer ID Date Trans No Type Debit Amt Credit Amt Customer Varner, Kasey 5/ 19/05 1r Purple Fee S1 1,000.00 0" S Pu le Fee S1 990.00 Balance 1,000.00 1,990.00 tra Steve Varner j, 19/ 7.1%05 r p Hershey Photo CRJ 697.60 1,292.=[0 7; 18/05 Hershey Rides CRJ 26.33 1?66.07 166.07 00 1 100 7125/05 Sponsor/Hoffman CRJ , . 76 .3 0 361 9/12,'03 Photo CRI . 10 7 71133.20 91 9/20/05 Photos CRI . 00 613.20 100 I Oi 10105 Sponsoc`Manna CRI . r .Z C_' 3 { PLAINTIFF'S EXHIBIT G r-, ?_ _-- e. - Stir (..... -. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW CHEER TYME, INC., I NO. 2006-1132 CIVIL Defendant NOTICE TO PLEAD To: Kathleen Varner c/o Michael O. Palermo Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. RHOADS & SINON LLP Dated: July 31, 2006 Vincent L. Champion, Esquire One South Market Square, 12`h Floor P. O. Box 1146 Harrisburg, PA 17108-1146 (717- 233-5731 Attorneys for Cheer Tyme Inc. Vincent L. Champion, Esquire Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant VARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW CHEER TYME, INC., I NO. 2006-1132 CIVIL Defendant DEFENDANT CHEER TYME, INC.'S ANSWER TO PLAINTIFF KATHLEEN VARNER'S AMENDED COMPLAINT NOW COMES, Defendant, Cheer Tyme Inc., ("Cheer Tyme") by and through its counsel Rhoads and Sinon LLP, and files the within Answer to Plaintiff's Amended Complaint as follows: Denied in part. It is admitted only that the Plaintiff is an adult individual. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. 2. Admitted. COUNT I. BREACH OF CONTRACT 3. This Paragraph incorporates the allegations contained in Paragraphs 1 through 2 of the Plaintiff's Amended Complaint. Cheer Tyme, therefore, realleges and incorporates by reference its response to Paragraphs 1 through 2 of the Plaintiff's Amended Complaint. To the 6173281 extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 4. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph. Proof thereof, if relevant, is demanded. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph. Proof thereof, if relevant, is demanded. 6. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 7. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. Moreover, and by way of further response, Exhibit "A" of Plaintiff's Amended Complaint, being a writing, speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 8. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 9. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. -2- 10. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 11. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 12. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 13. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment and the same are, therefore, denied. Proof thereof, if relevant, is demanded. Moreover, and by way of further response, Exhibit "B," being a writing, speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 14. Denied in part. It is admitted only that the Plaintiffs daughters were asked to leave Cheer Tyme's cheering program. It is specifically denied that Plaintiffs daughters were summarily dismissed and the same is, therefore, denied. Proof to the contrary, if relevant, is demanded. 15. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. -3- 16. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. 17. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 18. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 19. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 20. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. COUNT II. UNJUST ENRICHMENT 21. This Paragraph incorporates the allegations contained in Paragraphs 1 through 20 of the Plaintiff's Amended Complaint. Cheer Tyme, therefore, realleges and incorporates by reference its response to Paragraphs 1 through 20 of the Plaintiff's Amended Complaint. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 22. Denied. It is specifically denied that Plaintiff s daughters were given the opportunity to be employed by Hershey Entertainment and in lieu of receiving a wage, Plaintiff s -4- daughters were given vouchers to be credited to Plaintiff's booster account with the Defendant. To the contrary, Plaintiffs daughters were provided with an opportunity to participate in Defendant's fundraising efforts which were specifically brought about by Defendant's relationship with Hershey Entertainment. At no time, were Plaintiff's daughters ever employed by Hershey Entertainment or promised wages in connection with their fundraising efforts on behalf of the Defendant. As a consequence, these averments are denied. Proof to the contrary, if relevant, is demanded. Moreover, and by way of further response, Exhibit "C," being a writing, speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 23. Denied. Exhibit "B," being a writing, speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 24. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 25. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. 26. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 27. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. -5- 28. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph. Proof thereof, if relevant, is demanded. 29. Admitted. 30. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 31. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 32. Denied. The avennents contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 33. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 34. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 35. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. -6- 36. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 37. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. NEW MATTER 38. Defendant Cheer Tyme, Inc. incorporates by reference its responses to Paragraphs 1 through 37 39. Plaintiff's claims are barred by the applicable statute of limitations. 40. Plaintiff has failed to state a claim against Cheer Tyme, Inc. upon which relief can be granted. 41. The Defendant affirmatively alleges that the purported contract upon which the Plaintiff brings this action is without consideration and is, therefore, unenforceable. 42. Plaintiff's claim against Cheer Tyme is barred by the doctrine of laches. 43. Plaintiff's claim against Cheer Tyme is barred by the doctrine of waiver. 44. Plaintiff's claim against Cheer Tyme is barred by the doctrine of estoppel. 45. Plaintiff's claim against Cheer Tyme is barred by the defense of accord and satisfaction. 46. Plaintiff's claim against Cheer Tyme is barred by the defense of consent. 47. Plaintiff's claim against Cheer Tyme is barred by the defense of failure of consideration. 48. Plaintiff's claim against Cheer Tyme is barred by the defense of fraud. -7- 49. Plaintiff's claim against Cheer Tyme is barred by the defense of impossibility of performance. 50. Plaintiff's claim against Cheer Tyme is barred by the defense of payment. 51. Plaintiff's claim against Cheer Tyme is barred by the defense of release. 52. Plaintiff s claim against Cheer Tyme barred by the defense of the statute of frauds. 53. Plaintiff's claim against Cheer Tyme is barred because Plaintiff had no contractual relationship with Cheer Tyme and Plaintiff and Cheer Tyme are not in privity of contract. 54. Plaintiffs claim against Cheer Tyme fails to allege any breach of contract or any breach of duty against Cheer Tyme and, thus, the claim must be dismissed. 55. Plaintiffs claim against Cheer Tyme fails to allege any facts on which liability could be imposed against Cheer Tyme and, thus, the claim must be dismissed. 56. Plaintiff s claims are barred because Plaintiff has suffered no injury or damage arising from any conduct, act or omission of Cheer Tyme. -8- WHEREFORE, Defendant, Cheer Tyme Inc., respectfully requests that this Honorable Court enter judgment in its favor and against the Plaintiff and that it be awarded appropriate costs and fees, including attorneys' fees. Respectfully Submitted, RHOADS & SINON LLP Vincent L. Champion, Esquire One South Market Square, 12s' Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Dated: July 31, 2006 (717) 233-5731 Attorneys for Defendant Cheer Tyme Inc. -9- 11 , I 41 Vincent L. Champion, Esquire Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant THLEEN VARNER, Plaintiff V. CHEER TYME, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL Defendant PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Kindly insert the Verification attached hereto as Exhibit "A" to Defendant Cheer Tyme Inc.'s Answer to Plaintiff Kathleen Varner's Amended Complaint filed on behalf of Defendant Cheer Tyme, Inc. in the above-referenced action. RHOADS & SINON LLP Vincent L. Champion, Esquire One South Market Square, 12`h Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Dated: August 7, 2006 (717) 233-5731 Attorneys for Defendant Cheer Tyme Inc. 618065.1 EXHIBIT "A" VERIFICATION Scott Braasch, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities, that he is the President and CEO of Cheer Tyme, Inc., and makes this verification by its authority and that the facts set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief. Sco raasch CERTIFICATE OF SERVICE I hereby certify that on this 7`h day of August, 2006, a true and correct copy of the foregoing "Praecipe to Attach Verification" was served by means of United States mail, first class, postage prepaid, upon the following: Michael O. Palermo, Esquire Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 618065.1 o ? f ? s N ? N KATHLEEN VARNER, Plaintiff V. CHEER TYME, INC., Defendant IN THE COURT OF. COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL ARBITRATION DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW, comes Plaintiff, KATHLEEN VARNER by and through counsel, Michael O. Palermo, Jr., Esquire and in support of this Answer to New Matter avers as follows: 38. No response necessary. 39. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 40. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 41. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 42. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should "a response be required the same is denied, and strict proof of the same is demanded. 43. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 44. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 45. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 46. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 47. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 48. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 49. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. - 50. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 51. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 52. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 53. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 54. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 55. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. 56. Denied. The averments containing this paragraph constitute conclusions of the law, to which no response is required. Should a response be required the same is denied, and strict proof of the same is demanded. KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant ARBITRATION DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of this Answer to New Matter upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cheer Tyme, Inc. C/O Vincent L. Champion, Esquire One South Market Square 12th Floor Harrisburg, PA 17108-1146 Dated: August 21, 2006 Respectfully submitted, ROMINGER & WHARE Aup ---- Michael O. Palermo, J .,.Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in their favor and against Defendant and award costs, attorney fees and whatever other relief the Court deems necessary and proper. Date: August 21, 2006 Respectfully submitted, ROMINGER & WHARE XWV::? Michael O. Palermo, ., Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241--6070 Supreme Court ID # 93334 Attorney for Plaintiff N_ Z T, ??? rn a iy„f; ?. ,. ? c? rtt TJ' ? '? G N ? U ? ?1. ? i_ ? C?C7 rn z-- ? N -.1 < KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006-1132 CIVIL CHEER TYME, INC., Defendant : JURY TRIAL DEMANDED PETITION FOR LEAVE OF COURT TO AMEND AND NOW, comes Plaintiff/Petitioner Kathleen Varner, by and through her attorney, Michael O. Palermo, Jr., and in support of this Petition for Leave to Amend, avers as follows: COUNT I PETITION FOR LEAVE OF COURT TO AMEND CAPTION 1. Your plaintiff/petitioner is Kathy Varner residing at 6501 Windmere Road, Harrisburg, PA 17111. 2. Your defendant/respondent is Cheer Tyme, Inc., a Pennsylvania Corporation believed to be doing business at 1400 Hummel Avenue, Lemoyne, PA 17043. 3. On or about March 20, 2006, Plaintiff initiated suit in this matter by filing a complaint with the Prothonotary of Cumberland County. 4. Your petitioner has alleged in her complaint that her two minor daughters, K.V. and J.V. were arbitrarily expelled from the cheerleading classes of respondent. 5. Your petitioner alleged in said complaint that both minor daughters were participants in a work program whereby the funds earned were deposited in an account held by respondent but derived from the labor of petitioner's children. 6. Petitioner, Kathleen Varner is the mother of K.V. and J.V. Both minors, K.V. and J. V. were omitted from the caption. 7. Petitioner requests leave of court to amend the above docketed caption to include Kathleen Varner an adult individual and as guardian of K.V. and J.V., minors. 8. This Honorable Court granting petitioner leave to amend said caption will not result in prejudice towards Defendant nor will it result in an error of law. 9. In accordance with Cumberland County Local Rule 208.3(a) undersigned counsel sought the stipulation of opposing counsel Vincent L. Champion, Esquire in regards to amending said caption. 10. Attorney Champion is "unwilling to consent" to the amendment of the caption by stipulation. 11. The Judge's of the Court of Common Pleas of Cumberland County have not ruled on this or any other issue in the above docketed case. WHEREFORE, your Petitioner requests this Honorable Court grant her leave to amend that caption to include: "Kathleen Varner, an adult individual and as guardian of K.V. and J.V., minors. COUNT II PETITION FOR LEAVE OF COURT TO AMEND COMPLAINT TO INCLUDE A COUNT UNDER THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. Paragraphs 1-11 are incorporated as if fully set forth herein. 13. Plaintiff Varner and her two (2) daughters, K.V. and J. V., minors were members of Defendant Cheer Tyme's "Booster Club". 14. Members of the "Booster Club" were given the opportunity by and through Cheer Tyme to work at GTP Corporation's photo booth at Hershey Park. 15. In lieu of receiving direct compensation, GTP deposited all monies earned by Plaintiff Varner and her daughters J.V. and K.V. into Cheer Tyme's "Booster Account" in their individual names. 16. The hours worked at the GTP's photo booth are documented and memorialized by several "Volunteer Time Sheets" of which an example is attached as Plaintiff's Exhibit "A". 17. As pled in Plaintiff's Amended Complaint, Plaintiff's children were summarily dismissed by Defendant Cheer Tyme from all Cheerleading related activities. 18. Plaintiff Varner made several requests for the refund or return of the excess or profit that remained in J.V. and K.V.'s "Booster Account" maintained by Defendant. 19. Defendant refused to return said monies by denying Plaintiffs request for the cash value as was Defendant's usual practice for "profit" or excess monies in said "Booster Account" after participating members became to old for the program or were dismissed from the program. 20. Plaintiff's allege this practice of Defendant, that of retaining proceeds in a "Booster Account" after the participants the "Account" had been set up for are summarily dismissed creates a practice that is deceptive, fraudulent and creates the likelihood of confusion and misunderstanding and is thus an Unfair Trade Practice pursuant to 73 Pa.C.S. §201-2 (4) (xxi). 21. Counsel for Defendant refused to concur in the amending of the caption, therefore Plaintiffs counsel can logically conclude he is also opposed to amending said Complaint to add the "Unfair Trade Practice" count. 22. The Judge's of the Court of Common Pleas of Cumberland County have not ruled on this or any other issue in the above docketed case 23. The statute of limitations -if any on this claim will not run until on or about November 9, 2007 [the date ofdismissal from Cheer-Tyme] at the earliest, therefore Defendant will not be prejudiced by this court granting Plaintiff leave to amend, nor will the same result in an error of law. WHEREFORE, Your Plaintiff requests she be granted leave of court to amend the Comp/aintto include a cause of action under 73 Pa.S. §201-2(4)(xxi) the PA Unfair Trade Practices and Consumer Protection Law and seek the corresponding damages. Date: Respectfully submitted, ROMINGER & ASSOCIATES Michael O. Palermo, , Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA v. : CIVIL ACTION - LAW NO. 2006-1132 CIVIL CHEER TYME, INC., Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Petition for Leave of Court to Amend upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Cheer Tyme, Inc. c/o Vincent L. Champion, Esquire One South Market Square 12th Floor Harrisburg, PA 17108-1146 % As 111d I I ewn 2---- Respectfully submitted, Dated: ROMINGER & ASSOCIATES Michael O. Palermo, )iA Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff GW Volunteer Time Sheet Name of Volunteer Name of Organization Date Location Time In Break Out Break In Time Out Total Hours Hourly Rate Product Total Hours Worked: Total Amount Paid: LJ Management Signature V Volunteer Signature To be contributed to the account of GIM ILI()" 365 Hamaker Road, N13,111cm), PA 17545 Volunteer Time Sheet Name bf Volunteer Name of Organization Date Location Time In Break Out Break In Time Out Total Hours Hourly Rate Product Total Hours Worked: J ount Paid: a PETITIONER'S EXHIBIT J Management Signature Volunteer Signature r-.a n e4? _., ---?y -- ?? e= __.. ?_, -,t t ._-, w - , ?.,=? =-? .? ? "?,'? KATHLEEN VARNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CHEER TYME, INC., Defendant NO. 06-1132 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2007, upon consideration of Plaintiff's Petition for Leave of Court To Amend, a Rule is hereby issued upon Defendant, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, ichael O. Palermo, Jr., Esq. 155 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff mcent L. Champion, Esq. One South Market Square 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant :rc 81j :Z V!d C 17 r Loot !j! :/" -Hi Vincent L. Champion, Esquire Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant KATHLEEN VARNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW V. CHEER TYME, INC., N0.2006-1132 CIVIL Defendant CHEER TYME, INUS ANSWER TO PLAINTIFF'S PETITION FOR LEAVE OF COURT TO AMEND NOW COMES, Defendant, Cheer Tyme Inc., ("Cheer Tyme") by and through its counsel Rhoads and Sinon LLP, and files the within Answer to Plaintiff's Petition for Leave of Court to Amend as follows: COUNT I PETITION FOR LEAVE OF COURT TO AMEND CAPTION Admitted. 2. Admitted. 3. Admitted. Moreover and by way of further response, Plaintiff has filed two Amended Complaints in response to Preliminary Objections filed by Cheer Tyme. Each of these Complaints has changed either the nature or substance of her claims. By way of this Petition, Plaintiff now seeks to change the nature and substance of her claims yet a third time. 659029.1 4. Plaintiff's Second Amended Complaint being writing speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 5. Plaintiff's Second Amended Complaint being writing speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 6. Denied. It is specifically denied that both minors K.V. and J.V. were omitted from the caption. Plaintiff is now seeking to amend the caption to include K.V. and J.V. because she realizes her claims are without merit. 7. Admitted. 8. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 9. Admitted. 10. Admitted. 11. Admitted. WHEREFORE, Cheer Tyme, Inc. respectfully requests that this Honorable Court deny Plaintiff's Petition for Leave of Court to Amend her Second Amended Complaint. COUNT II PETITION FOR LEAVE OF COURT TO AMEND COMPLAINT TO INCLUDE A COUNT UNDER THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. This Paragraph incorporates the allegations contained in Paragraphs 1 through 11. Cheer Tyme, therefore, realleges and incorporates by reference its responses to Paragraphs 1 -2- through 11. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 13. Denied. It is specifically denied that the Plaintiff and her two minor daughters were members of Cheer Tyme's Booster Club. Moreover and by way of further response, the Booster Club is an account management program offered by Cheer Tyme to assist parents in managing the payment of annual competition fees, annual coaches' fees, annual uniform packages, and annual photograph camp fees. Parents and athletes f indraise and in turn receive credits to their Booster Club Account. Plaintiff, not her children, is responsible for making payments on her Booster Club Account. 14. Denied in part. It is specifically denied that Cheer Tyme only gave members of the Booster Club an opportunity fundraise by donating their time work at a photo booth in Hersheypark. Moreover and by way of further response, all Cheer Tyme athletes and their parents are given an opportunity to fundraise on behalf of Cheer Tyme through volunteering their time at a photo booth at Hersheypark. Hersheypark, in turn, donates money directly to Cheer Tyme based upon the time that athletes and their parents spend volunteering. 15. Denied. Any and all funds generated as a result of fundraising efforts are donated directly to Cheer Tyme. Cheer Tyme, in turn, rewards volunteers by crediting the Booster Club Accounts associated with the volunteer. 16. Denied. After reasonable investigation, Cheer Tyme is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. -3- 17. Denied. It is specifically denied that Plaintiff's children were summarily dismissed by Cheer Tyme from all cheerleading related activities. In fact, the Plaintiff's children were removed from the Cheer Tyme program because of the improper conduct of the athletes' parents. The improper conduct included, but was not limited to, screaming profanities in the presence of young Cheer Tyme athletes and their parents, making threatening gestures to Cheer Tyme coaches and striking a Cheer Tyme coach with a partially open door with sufficient force to slam him into a set of lockers which were situated behind him. 18. Denied. After reasonable investigation, Cheer Tyme is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. 19. Denied in part. It is admitted only that Cheer Tyme has not provided Plaintiff with any monies which were donated as a result of fundraising efforts on its behalf. It is further denied that it is Cheer Tyme's usual practice to provide "profit or excess monies" to an athlete's parents when the athlete leaves Cheer Tyme's program. Proof thereof, if relevant, is demanded. 20. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 21. Admitted. 22. Admitted. 23. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. -4- WHEREFORE, Cheer Tyme Inc., respectfully requests that this Honorable Court deny Plaintiff's Petition for Leave of Court to Amend her Second Amended Complaint to include a cause of action under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Respectfully Submitted, RHOADS & SINON LLP 01040, Vincent L. Champion, Esquire One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Dated: August 2, 2007 (717) 233-5731 Attorneys for Defendant Cheer Tyme Inc. -5- CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of August, 2007, a true and correct copy of the foregoing "Cheer Tyme's Answer to Plaintiff's Petition for Leave of Court to Amend" was served by means of United States mail, first class, postage prepaid, upon the following: Michael O. Palermo, Esquire Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 fo,.V N. M n ? o c ? -n .' cv 4 y 7: rn t t '. N h7 KATHLEEN VARNER, Plaintiff v. CHEER TYME, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL ARBITRATION DEMANDED PRAECIPE TO LIST FOR ARGUMENT COURT To the Prothonotary: Please list the above matter for Argument Court on November 21, 2007. Respectfully submitted, Rominger & Associates Date: it M" - Michael J Palermo, squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Plaintiff KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant : ARBITRATION DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, certify that I this day served a copy of within Praecipe to List for Argument Court upon the following by depositing the same in the United States mail at Carlisle, first class mail, postage prepaid, addressed as follows: Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, 12'h Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Respectfully submitted, Rominger & Associates Date: kuew- Michael O. Palerm ., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Plaintiff C"> °? .. wo. 00 }, w KATHLEEN VARNER, Plaintiff V. CHEER TYME, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL ARBITRATION DEMANDED PRAECIPE TO REMOVE FROM THE LIST FOR ARGUMENT COURT To the Prothonotary: Please remove the above captioned matter from the list for Argument Court on November 21, 2007. Respectfully submitted, Rominger & Associates Date: Michael O. Palermo, Jr., squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Plaintiff KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CHEER TYME, INC., : NO. 2006-1132 CIVIL Defendant : ARBITRATION DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, certify that I this day served a copy of within Praecipe to Remove From List for Argument Court upon the following by depositing the same in the United States mail at Carlisle, first class mail, postage prepaid, addressed as follows: Vincent L. Champion, Esquire Rhoads & Sinon, LLP One South Market Square, 12t` Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Respectfully submitted, Rominger & Associates 0 WA ahhz Date: Michael O. Pale o, Jr., Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #93334 Attorney for Plaintiff r.a N 71 CD yy? ? co ? 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) Kathleen Varner ( Plaintiff ) Vs. Cheer Tyme, Inc. (Defendant) No. 1132 Civil $8 2006 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) : Plaintiff's petition for leave of court to amend option and complaint. 2. Identify counsel who will argue case: (a) for plaintiff: Michael O. Palermo, Jr. Address: 155 S. Hanover St'. Carlisle, PA 17013 (b) for defendant: Vincent L. Champion Address: Rhoads & Sinon, LLP One S. Market Square, 12th Floor P.O. Box 1146, Harrisburg, PA 17108-1146 3. I will notify all parties in writing within two days that this case has been Listed for argument. 4. Argument Court Date: Dated: February 27, 2008 a. ' ?Q333 Attorney for plaintiff sue- z ; 2 1 4- KATHLEEN VARNER, Plaintiff Vs. CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-1132 CIVIL IN RE: PLAINTIFF'S PETITION FOR LEAVE OF COURT TO AMEND CAPTION AND COMPLAINT BEFORE HESS OLER AND GUIDO, J.J. ORDER AND NOW, this Z -71" day of February, 2008, this matter is stricken from the argument list without prejudice to the plaintiff to file a motion for a rule to show cause with the undersigned. BY THE COURT, Michael O. Palermo, Jr., Esquire For the Plaintiff ? Vincent L. Champion, Esquire For the Defendant rlm 0a 'Es rn? t Cs/013 f t 'Hi ? ?? KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006-1132 CIVIL CHEER TYME, INC., Defendant : JURY TRIAL DEMANDED HESS, J. PETITION FOR RELIEF TO THE HONORABLE KEVIN A. HESS, your Petitioner, Kathleen Varner by and through her counsel respectfully requests Relief from the Order of February 27, 2008 other than what was initially order by this Honorable Court and avers as follows: 1. Petitioner, Kathleen Varner, through counsel filed a Petition for Leave of Court to Amend on or about July 11, 2007. 2. The Honorable J. Wesley Oler, Jr., entered a Rule upon Defendant to respond within twenty (20) days of service of said Rule. See Order of July 13, 2007, attached hereto as "Petitioner's A". 3. Defendant Cheer-Tyme, Inc. by and through their respective counsel filed a timely answer on August 2, 2007. Said Answer is attached hereto as "Plaintiff's B". 4. On February 27, 2008 respective counsel appeared for Argument Court before the Honorable Judges of said Court. 5. At Argument it was alleged that a rule was not issued upon Defendant's in the above docketed case. The Honorable Kevin A. Hess sua sponte and by later Order of February 27, 2008 accepted assignment of this matter directing Plaintiff s Counsel to file for a Rule to Show Cause. Said Order is attached hereto as "Plaintiff s U. 6. Due to the misunderstanding of the parties at Argument Court, a Rule was in fact previously issued and subsequently answered by Defendant. See Plaintiff s Exhibit(s) A & B. 7. To require Plaintiff to petition for a new Rule and have Defendant again show cause would be duplicative and a waste of judicial resources. WHEREFORE, Plaintiff requests that this Honorable Court grant Plaintiff permission to re-list this case for argument or in the alternative permit Defense Counsel to file a Brief in this matter and have the outstanding issues decided by the Honorable Kevin A. Hess. CUMBERLAND COUNTY LOCAL RULE 208.3(a)(9) STATEMENT The concurrence of Counsel for Defendant, Vincent Champion, Esquire was sought in regards to this motion but not obtained. Respectfully Submitted, ROMINGER & ASSOCIATES .AA Zezg Date. Michael O. Palermo, Jr., Esquir Attorney for Petitioner 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Supreme Court ID No. 93334 KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006-1132 CIVIL CHEER TYME, INC., Defendant : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Michael O. Palermo, Jr., Esquire, attorney for Petitioner, do hereby certify that I this day served a copy of the within Petition For Relief by First Class Mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Date: ;ZGfl'? Cheer Tyme, Inc. c/o Vincent L. Champion, Esquire One South Market Square 12t` Floor Harrisburg, PA 17108-1146 f?FvA,.DoPn.?,J? .. Michael O. Palermo, Jr., Esquire 155 South Hanover Street Carlisle, PA 17013 717-241-6070 Supreme Court ID No. 93334 Attorney for Petitioner olo, KATHLEEN VARNER IN THE COURT OFTIMON EAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V, CIVIL ACTION - LAW CHEER TYME, INC., Defendant NO. 06-1132 CIVIL TERM ORDER OF COURT AND NOW, this 13"' day of July, 2007, upon consideration of Plaintiff's Petition for Leave of Court To Amend, a Rule is hereby issued upon Defendant, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, chael 0. Palermo, Jr., Esq. 55 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Vincent L. Champion, Esq. One South Market Square 12"' Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorney for Defendant re PETITIONER'S EXHIBIT a a T 9nd Vincent L. Champion, Esquire Attorney I.D. No. 88411 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant KATHLEEN VARNER, V. Plaintiff CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-1132 CIVIL CHEER TYME, INC.'S ANSWER TO PLAINTIFF'S PETITION FOR LEAVE OF COURT TO AMEND NOW COMES, Defendant, Cheer Tyme Inc., ("Cheer Tyme") by and through its counsel Rhoads and Sinon LLP, and files the within Answer to Plaintiff's Petition for Leave of Court to Amend as follows: COUNTI PETITION FOR LEAVE OF COURT TO AMEND CAPTION Admitted. 2. Admitted. 3. Admitted. Moreover and by way of further response, Plaintiff has filed two 659029.) Amended Complaints in response to Preliminary Objections filed by Cheer Tyme. Each of these Complaints has changed either the nature or substance of her claims. By way of this Petition, Plaintiff now seeks to change the nature and substance of her claims yet a third time. a PETITIONER'S EXHIBIT a 4. Plaintiffs Second Amended Complaint being writing speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 5. Plaintiff s Second Amended Complaint being writing speaks for itself and no response is required. In the event and to the extent a response is required, the allegation is denied. 6. Denied. It is specifically denied that both minors K.V. and J.V. were omitted from the caption. Plaintiff is now seeking to amend the caption to include K.V. and J.V. because she realizes her claims are without merit. 7. Admitted. 8. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 9. Admitted. 10. Admitted. 11. Admitted. WHEREFORE, Cheer Tyme, Inc. respectfully requests that this Honorable Court deny Plaintiff s Petition for Leave of Court to Amend her Second Amended Complaint. COUNT II PETITION FOR LEAVE OF COURT TO AMEND COMPLAINT TO INCLUDE A COUNT UNDER THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW 12. This Paragraph incorporates the allegations contained in Paragraphs 1 through 11. Cheer Tyme, therefore, realleges and incorporates by reference its responses to Paragraphs 1 -2- through 11. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 13. Denied. It is specifically denied that the Plaintiff and her two minor daughters were members of Cheer Tyme's Booster Club. Moreover and by way of further response, the Booster Club is an account management program offered by Cheer Tyme to assist parents in managing the payment of annual competition fees, annual coaches' fees, annual uniform packages, and annual photograph camp fees. Parents and athletes fundraise and in turn receive credits to their Booster Club Account. Plaintiff, not her children, is responsible for making payments on her Booster Club Account. 14. Denied in part. It is specifically denied that Cheer Tyme only gave members of the Booster Club an opportunity fundraise by donating their time work at a photo booth in Hersheypark. Moreover and by way of further response, all Cheer Tyme athletes and their parents are given an opportunity to fandraise on behalf of Cheer Tyme through volunteering their time at a photo booth at Hersheypark. Hersheypark, in turn, donates money directly to Cheer Tyme based upon the time that athletes and their parents spend volunteering. 15. Denied. Any and all funds generated as a result of fundraising efforts are donated directly to Cheer Tyme. Cheer Tyme, in turn, rewards volunteers by crediting the Booster Club Accounts associated with the volunteer. 16. Denied. After reasonable investigation, Cheer Tyme is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. -3- 17. Denied. It is specifically denied that Plaintiff's children were summarily dismissed by Cheer Tyme from all cheerleading related activities. In fact, the Plaintiff's children were removed from the Cheer Tyme program because of the improper conduct of the athletes' parents. The improper conduct included, but was not limited to, screaming profanities in the presence of young Cheer Tyme athletes and their parents, making threatening gestures to Cheer Tyme coaches and striking a Cheer Tyme coach with a partially open door with sufficient force to slam him into a set of lockers which were situated behind him. 18. Denied. After reasonable investigation, Cheer Tyme is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this Paragraph and the same are, therefore, denied. Proof thereof, if relevant, is demanded. 19. Denied in part. It is admitted only that Cheer Tyme has not provided Plaintiff with any monies which were donated as a result of fundraising efforts on its behalf. It is further denied that it is Cheer Tyme's usual practice to provide "profit or excess monies" to an athlete's parents when the athlete leaves Cheer Tyme's program. Proof thereof, if relevant, is demanded. 20. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. 21. Admitted. 22. Admitted. 23. Denied. The averments contained in this Paragraph constitute conclusions of law to which no response is required. To the extent a responsive pleading is required, the same is denied. Proof thereof, if relevant, is demanded. -4- WHEREFORE, Cheer Tyme Inc., respectfully requests that this Honorable Court deny Plaintiff s Petition for Leave of Court to Amend her Second Amended Complaint to include a cause of action under the Pennsylvania Unfair Trade Practices and Consumer Protection Law. Respectfully Submitted, RHOADS & SINON LLP Vincent L. Champion, Esquire One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Dated: August 2, 2007 (717) 233-5731 Attorneys for Defendant Cheer Tyme Inc. -5- CERTIFICATE OF SERVICE I hereby certify that on this 2"d day of August, 2007, a true and correct copy of the foregoing "Cheer Tyme's Answer to Plaintiff's Petition for Leave of Court to Amend" was served by means of United States mail, first class, postage prepaid, upon the following: Michael O. Palermo, Esquire Rominger, Bayley & Whare 144 South Hanover Street Carlisle, PA 17013 &J, ?,- ?k,- - Yc", KATHLEEN VARNER, ; IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ; CIVIL ACTION- LAW NO. 06-1132 CIVIL CHEER TYME, INC., Defendant : IN RE: PLAINTIFF'S PETITION FOR LEAVE OF COURT TO AMEND CAPTION AND COMPLAINT BEFORE HESS, OLER AND GUIDO, J.J. ORDER AND NOW, this Z 1` day of February, 2008, this matter is stricken from the argument list without prejudice to the plaintiff to file a motion for a rule to show cause with the undersigned. BY THE COURT, Michael O. Palermo, Jr., Esquire For the Plaintiff Vincent L. Champion, Esquire For the Defendant Am PETITIONER'S t4 EXHIBIT a G7D C...3 APR 0 42008 zW/ KATHLEEN VARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2006-1132 CIVIL CHEER TYME, INC., Defendant : JURY TRIAL DEMANDED HESS, J. ORDER OF COURT AND NOW, this / y 'day of 2008, in consideration of the within Petition, Plaintiff is granted permission to relist the above captioned case for argument of4f,4w is an e pe ni-Itstandin e evm . [Strike One] By the Court: Distribution: ichael O. Palermo, Jr., Esquire Vincent L. Champion, Esquire JII r4 l08 E ., t ? l- . (,Flit i 2008 APR 14 AM 11. 16 q t : f 11x? i?f 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) Kathleen Varner (Plaintiff) VS. Cheer Tyme, Inc. (Defendant) No. 1132 Civil Action IV 20 01 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.) : Plaintiff's Petition to Amend 2. Identify counsel who will argue case: (a) for plaintiff: Address: Michael 0. Palermo, Jr. 155 S. Hanover Street Carlisle, PA 17013 (b) for defendant: Address: Vincent L. Champion one S. Market Square,12th Floor Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date : 5/28/08 ?. Ito. 08 Dated: ttorney for ?' `? rz C"w: ? -w-t ? _,-s?'- __... -?f, I J l a-.S o -a£?Y "? ?I ) ? . . ` 1 .. i`J `? KATHLEEN VARNER, PLAINTIFF V. CHEER TYME, INC., DEFENDANT IN THE COURT OF COMMON PL CUMBERLAND COUNTY, PENN! 06-1132 CIVIL TERM ORDER OF COURT AND NOW, this I'?-- day of June, 2008, IT IS ORDE plaintiff shall be allowed to amend her complaint as requested except for the add an additional count for violation of the Pennsylvania Unfair Trade P which request IS DENIED. Zmichael 0. Palermo, Jr., Esquire For Plaintiff ?Vincent L. Champion, Esquire For Defendant :sal eaP Ces mail?cL L/fS/OS S OF VANIA that uest to Act, W11.1 " 5 k . ?I? CZD KATHLEEN VARNER, Plaintiff V. CHEER TYME, INC., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2006-1132 CIVIL : JURY TRIAL DEMANDED PRAECIPE TO AMEND CAPTION PURSUANT TO COURT ORDER TO THE PROTHONOTARY: Pursuant to the attached Court Order of June 18, 2008, please amend the above caption to include KATHLEEN VARNER, an individual and as guardian of K.V. and J.V., minors. Date: •a Aof Respectfully submitted, ROMINGER & ASSOCIATES s M' hael O. Palermo, Jr., EsquifS;j 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff ,. .?.?; - ? c? a?r ? ?z? - ? {J `... ? . ? ?; i y ?' .w.3 KATHLEEN VARNER, an individual and as guardian of K.V. and J. V., Minors Plaintiffs V. CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 2006-1132 JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael O. Palermo, Jr., counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $1,878.80 plus costs, interest and fees. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Michael O. Palermo, Jr., Esquire, Karl E. Rominger, Esquire, Vincent M. Monfredo, Esquire and Lee O. Oesterling, Esquire. WHEREFORE, your Petitioner prays that this Honorable Court will appoint three (3) arbitrators to whom the case shall be submitted. Mic ael O. Palermo, Jr., Esq Attorney for Plaintiffs 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. 93334 Telephone: (717) 241-6070 ORDER OF COURT AND NOW, , 2008, in consideration of the foregoing Petition, , Esquire, , Esquire, and are appointed arbitrators in the above-captioned action (or actions) as prayed for. BY THE COURT: Esquire, J. "r Q 1 W ?`t 1C? C, `r KATHLEEN VARNER, an individual and as guardian of K.V. and J. V., Minors Plaintiffs V. CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 2006-1132 JURY TRIAL DEMANDED PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael O. Palermo, Jr., counsel for the Plaintiffs in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $1,878.80 plus costs, interest and fees. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Michael O. Palermo, Jr., Esquire, Karl E. Rominger, Esquire, Vincent M. Monfredo, Esquire and Lee O. Oesterling, Esquire. WHEREFORE, your Petitioner prays that this Honorable Court will appoint three (3) arbitrators to whom the case shall be submitted. Mic ael O. Palermo, Jr., Esq Attorney for Plaintiffs 155 South Hanover Street Carlisle, PA 17013 Supreme Court I.D. 93334 Telephone: (717) 241-6070 ORDER OF COURT I , AND NOW, 2008, in consideration of the foregoing Petition, Esquire, esquire, and UL Qih Esquire, are ap inted arbitr rs in the above aptioned actio tions) as prayed r. BY COUR . CM J. L E; o - d VVV l - G s l C ) 4 f KATHLEEN VARNER, an individual and as guardian of K.V. and J.W., Minors Plaintiffs VS. CHEER TYME, INC., Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-1132 : CIVIL ACTION - LAW OATH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. A Henry F. Coyne, Esquire Chairman Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 Ja4on KuOTWs, Esquire iAbom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 John B. Lampi, Esquire 26 West High Street Carlisle, PA 17013 _tf AWARD 1002.2, We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) , Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: _April 14, 2009 Date of Award: ?- NOTICE OF ENTRY OF AWARD Now, the lekday of , 2009, at Z!qQ m., the above award was entered upon the docket and notice th eof given by mail to the parties or their attorneys. Arbitrat ' compensatio be paid upon appeal: Prothonotary s350,,po By: Deputy J F THE E'?`HONIOTARY 2009 APR 15 PM f : 49 Cllr 14p ?et *--C'UqN -V/!S/ 6' - (20 1 jr rn? Lc 1, 40 A4- m .Imo-aCvz,*,n v '-?44q )94.kf U - a.,,rf bi r. f J If KATHLEEN V ARNER, an individual and as guardian of K.V. and J. V., Minors Plaintiffs v. CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL, 2006-1132 JURY TRIAL DEMANDED NOTICE OF ENTRANCE OF JUDGMENT TO: Cheer Tyme c/o Vincent L. Champion, Esquire One South Market Square 12'h Floor Harrisburg, PA 17108-1146 Date• )- a? 9 /lh,t 11 AM"" ono If you have any questions concerning this Notice, please call Michael O. Palermo, Jr. Attorney for Plaintiff, at this telephone number: (717) 241-6070. KATHLEEN VARNER, an individual and as guardian of K.V. and J. V., Minors Plaintiffs v. CHEER TYME, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 2006-1132 JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT ON THE AWARD OF ARBITRATORS TO THE PROTHONOTARY: Please enter Judgment on the Award of Arbitrators in the above captioned case in the amount of $1,276.80, plus interest from November 9, 2005, plus docket costs for the Plaintiff, Kathleen Varner, an individual and as guardian of K.V. and J.V., Minors and against the Defendant, Cheer Tyme, Inc. Date: 12. logA Respectfully submitted, ROMINGER & ASSOCIATES u 0 Michael O. Palermo, J . 're 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 93334 Attorney for Plaintiff FILED-OFFICE' OF THE FcRr,7,l='?,,I0TARY 2€ 09 JUN 12 PM 3: Q 3 1?'C; 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION KATHLEEN VARNER, an individual and as guardian of K.V. and J. V., Minors Plaintiffs V. CHEER TYME, INC., Defendant [ ] Confessed Judgment [x] Other :File Number: CV 2006-1132 Amount Due: $1,276,a .909 1c Interest: $295.10 Attorney's Comm. 0 Costs TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue Writ of Execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the Defendant(s) located at 101 Salem Church Road North, Mechanicsburg, PA 17050 also known as Twin Ponds West. PRAECIPE FOR ATTACHMENT EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy debt, interest and costs due Kathleen Varner, an individual and as guardian of K.V. and J.V. Plaintiff(s) From Cheer Tyme, Inc., 101 Salem Church Road North, Mechanicsburg, PA 17050 also known as Twin Ponds West. You are hereby directed to levy upon the property of the Defendant(s) and to sell ALL CASH ON HAND OR IN THE POSSESSION OF THE DEFENDANT(S) ACCOUNTS RECEIVABLES, FURNITURE, FURNISHINGS, EQUIPMENT, INVENTORY, TOOLS, VEHICLES, ELECTRONIC EQUIPMENT, ANY AND ALL OTHER PERSONAL PROPERTY BELONGING TO THE ABOVE NAMED DEFE (S). Date: 0 Signature: Print Name: Michael O. Palermo, Jr., Esquire Address: 155 South Hanover Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone No: 717-241-6070 Supreme Court ID No.: 93334 OF WE P r bTA?Y 2449 OCT -6 M T 39 CUMPEN?SYLVANIA *a4.oo pto ATTY 55, a5 CSF M .oo 44. oo a.sa w PO ArrY *a. 00 Due Co ,60 U. Cry (41(c0 e otsisg9 Writ?F-It ?U?l WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1132 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due KATHLEEN VARNER, an individual and as guardian of K.V. and J.V., minors Plaintiff (s) From CHEER TYME, INC., 101 Salem Church Road North, Mechanicsburg, PA 17050, a/k/a TWIN PONDS WEST (1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the possession of the defendant(s) accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, and all other personal property belonging to the above named defendant (s) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon ari subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,276.80 L.L. $.50 Interest -- $295.10 Atty's Comm % Atty Paid $119.75 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 10/6/09 (Seal) REQUESTING PARTY: is R. Long, Prothonotary By: Deputy Name MICHAEL O. PALERMO, JR., ESQUIRE Address: ROMINGER, BAILEY & WHARE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-241-6070 Supreme Court ID No. 93334 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff4?tixxtn ai ?urnbrryxjt?Cr. ' Ronny R Anderson Chief Deputy 111419 WV 17 PM 2130 f(4.t C1 r 4 ?? . Jody S Smith Civil Process Sergeant OFFICE F "ERIFF a KAPA Q Edward L Schorpp Solicitor Kathleen Varner vs. Case Number Cheer Tyme, Inc. 2006-1132 SHERIFF'S RETURN OF SERVICE 10/15/2009 08:15 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2009 at 2015 hours, she served a true copy of the within writ of execution, upon the defendant, to wit: Cheer Tyme, Inc., by making known unto Scott Braasch, owner and Adult in Charge, at 101 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, defendant paid $1,770.25 to Deputy Cobaugh. 11/17/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. SHERIFF COST: $78.60 November 17, 2009 U ' v (_ J!. SO ANSWERS, 'ITAA'%? ? ?" V1rf P ? R THOMAS KLINE, SHERIFF By Sharon R. an z r rF W. ((') CountySuite Sheriff. Teleosoff Inc. c,w- '7 36?l (&,e_ -? 33 r33 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1132 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBMLAND COUNTY: To satisfy the debt, interest and costs due KATHLEEN VARNER, an individual and as guardian of K.V. and J.V., minors Plaintiff (s) From CHEER TYME, INC., 101 Salem Church Road North, Mechanicsburg, PA 17050, a/k/a TWIN PONDS WEST (1) You are directed to levy upon the property of the defendant (s)and to sell all cash on hand or in the possession of the defendant(s) accounts receivables, furniture, furnishings, equipment, inventory, tools, vehicles, electronic equipment, and all other personal property belonging to the above named defendant (s) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $1,276.80 L.L. $.50 Interest -- $295.10 Atty's Comm % Atty Paid $119.75 Plaintiff Paid Date: 10/6/09 (Seal) Due Prothy $2.00 Other Costs is R. Long, Prothonotary Deputy REQUESTING PARTY: Name MICHAEL O. PALERMO, JR., ESQUIRE Address: ROMINGER, BAILEY & WHARE 155 SOUTH HANOVER STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-241-6070 Supreme Court ID No. 93334