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HomeMy WebLinkAbout06-2037y GUMMUNwtALIN Ur rtrvna rwwvrn COURT OF COMMON PLEAS Judicial District, County Of Cumberland Lasalle 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. n M ?,ational Graphics I 09-3-04 111t arras A. Placey 92116 Boivin Street 3/23/06 NOTICE OF APPEAL FROM Quebec, Canada Settlement Services, Inc;. CV-0000113-06 This block will be signed ONLY when this notation is required under He. R.C.P.D.J. No. 10086. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. Sgnatum of Prothonotary or Deputy H8R 2E7 Crazhics If appellant was Claimant (see Pa. R.C.P. before a District Justice, A COMPLAINT MUST BE FILED within (20) days after filing the NOTICE of APPEAL. 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. NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Chelsea Settlemnt Services, Inc. appellee(s), to file a complaint in this appeal Name of appeflee(s) (Common Pleas No. &A??within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To Chelsea Settlement Services, InGappellee(s) Name of 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 date of 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: J] f (l /I 206 f P rP YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH THIS AOPC 312-02 COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAIN! T!t s proof of serwce MUST E3F_ PLED A1TNtN TEN (10) 04 YS A 7Lt; lrr J of m, notice of a , m, k oL COMMONWEALTH OF PENN, iv L',,AIdlA. COUNTY OF - ss AFFIDAVIT; ; heseby (swear) (affirm) that i served J a cagy or the NVIC 0 Appeal, Common Pleas No. opal the u sna (date of servire,• 'Lfi r--; by pr.??t,na; + •, c+? srander:s receipt attached hereto, and upor itch appellee, (nan,,:c:i 20 u? by personal s r,,,ce by tii(e;rS1 (rr „ta •e.l, C,a:. Sundof S 1'2cenp' aft"mhc d nemto (SWORN) (AFFIRMED) AND SUBSCRIBED 13EFORE ME THIS DAY OF 2G be/ore whonv a)iidwit was rz¢iQP My commission expires on AOP'u 312A - 0 20 tJ M f? r { ri-6r 04/04/2006 14:13 5143671318 NATION GRAPHICS PAGE 02 r ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: 09-3-04 MDJName. Hon. THOM" A. PLACKY Addmss 104 S SPORTING SILL AD II[3C3AUIC88URG, PA Te ,t,. a. (717) 761-9230 17050 NOTICE OF VLGCASE ITRAN$CRIPT PLAINTIFF: NAME .w ADORESS FcMM8EA 8MLOW" a3RVIC38I INC ? 3900 KAR&3T STAN C=P BILL. PA 17011 L Vs. DEFENDANT: rvnMEandnDDAESs r1KATI0ML ORABHICa 9216 BOIVID STR33T NATIONAL GRAPHICS 9216 BOIVI3 STA33T LASALL3, QMCDXC SSA 237 LARALLA, QWIZXC S@8 237 L Docket No.: CV-0000113-06 Date Filed 2/23/06 i THIS IS TO NOTIFY YOU THAT* ._ Ju mer&' o Judgment was entered for. (Name) nwar. Hari 2r=09X= ANIRRICRAW I ® Judgment was entered against: (Name) =,TTOmr. A41tASiTC9 in the amount of $ A 113 _5D on: F Defendants are jointly and severally liable. (Date of Judgment) 3f2i/n4; (Date & Time) ? Damages will be assessed on: 0 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 lease $ Amount of Judgment $ Judgment Costs $ Interest on Judgment $ Attorney Fees $ Post Judgment Credits $ Post,ludgment Costs $ -- Judgment Total Y PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING NOTICE -1 -W 0-1 APPE WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YO MUST 1 LUDE 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 JUDO 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. Z S G Date 4MA4? ivlasterial District Judge I certify that this is a true a 4d correct CO of the record he oceedings cost ing the jUdgment- d Date MaC isterial District Judge My commission expires first Monday of January, 2010. SLAL AOPC315-05 DATE PRINTED: 3/23/06 10:13:40 ILK go s m m -f ru c-_ e e&va n- Postage S M - ° Certified Fee O Return nt t Fee (Endorsement Required) I ° Restricted Delivery Fee r Lr1 (Endorsement Required) m r9 Total Postage X Peed S r` treat Apt No.; `c) S.. ;ci _ -- - --- -L...I co ru 4 ? NI ark n rib ' I n- IT-1 O C3 ° Lr) Postage s Codified{ a 1 ,t I Ilj - -- ---y.1 " Postmark Return Reaept Fee ',, r ent Required{$„,-T Here (Endorsem Restricted Denvery Fee , (Entlorsement Requred) $ii44r Total Postage & Fe s / _ r r II ° Sent T?p?yl?7?/?1 ,,...: a aCty -k.LJ.4.!?.?- --- ~ or POBo,,NO _. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (i nis proot of service MUST BE FILED WITHIN TEN (10) DAYS AFTER fitng of the notice of appeal Check applicable boxes.) COMMONWEALTH OF PENNSXLVANIA COUNTY OF ; as AFFIDAVIT: I hereby (swear) (affirm) that I served OG oZo3 "7 a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on (date of service) 34111 , 20 0 ? . ? by personal service g by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, {name) C?4512A `;4z id . Ieaet -Zvotcej on 20 04 ? by personal service by (eortified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME /y p f ?'?_ THIS Jill DAY OF 20 _I Signature of affiant Sign fofff?o! before whom arfidavR was mode luotal ul?k, Too of oBicfe7 My commission expires on . 20 C7 ni OF PENNSYLVANIA MPublic a, n9 n Cpyrdyy a, CumbeftliIIII r N C WOWOftIlM EVW" Aug. 18, 2007 Nbnroar, Penns),fina a !lssealedon of NcleAee C-) .>;- AOPC 312A - 02 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. MHIa UIJI NU. N/1Mt Uh U.J. lei ADDRESS OF APPELLANT CITY STATE ZIP CODE F JUDGMENT IN THE CASE OF (Plonuff) -- Ipe/enaanO' 1. VS Inrs MUCK Will Ue Slgnen vrvLT when mis notation is requlrea uncer Ya. IT appenanr was laalmanr (see Pa. K.u.P.U.J. NO. luul(b) 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 (ling the NOTICE of APPEAL. Sgnaluee of Prothonotary or 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 Name of apps/lee(s) (Common Pleas No. - ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. of appellant or attorney or agent RULE: To , - r . 1 -, appellee(s) Name of appellees) (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: 20 J.t?-- - --- - -- Signature of Prothonotary or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTIFrRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 COURT FILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff CIVIL ACTION NO. 6G dom. 1 V. National Graphics Defendant NOTICE TRIAL BY JURY DEMANDED You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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 717-249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. CIVIL ACTION Plaintiff NO. V. National Graphics Defendant TRIAL BY JURY DEMANDED COMPLAINT Plaintiff Chelsea Settlement Services, Inc. (hereinafter "Plaintiff"), by and through its attorneys the Law Offices of Peter J. Russo, P.C., in support of Plaintiff's Complaint avers the following: 1. Plaintiff is a Pennsylvania corporation having its principal place of business at 3800 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendant is believed to have its principal place of business at 9216 Boivin Street, LaSalle, Quebec H8R 3E7, Canada. 3. Defendant has done business with Plaintiff in Cumberland County, Pennsylvania. 4. On October 25, 2004, Plaintiff contracted with Jonathan Garayt, sales representative for Defendant, who sold Plaintiff advertisement space in a folder in exchange for Two Thousand Dollars ($2,000.00). A true and correct copy of the contract is attached hereto and incorporated herein as Exhibit A. 5. The aforementioned folder was to be distributed by three (3) EXIT Realty Offices. 6. Three Thousand (3,000) copies of this folder were to be produced. 7. Plaintiff was assured that it would be the only law office and title insurance provider advertised within the folder. 8. The folder was produced with no less than six (6) other advertisers that advertised in the same categories that Defendant agreed would be exclusively reserved for Plaintiff. COUNT I - BREACH OF CONTRACT 9. Plaintiff adopts by reference paragraphs 1-8. 10. On October 25, 2004, Plaintiff contracted with Jonathan Garayt, sales representative for Defendant, who sold Plaintiff advertisement space in a folder in exchange for Two Thousand Dollars ($2,000.00). 11. Plaintiff was assured that it would be the only law office and title insurance provider advertised within the folder. 12. Defendant within the folder advertised two (2) other Law Offices and four (4) other Title Insurance Companies. WHEREFORE, Plaintiff claims damages from Defendant in an amount in excess of Eight Thousand Dollars ($8,000.00) plus interests, costs and any other appropriate damages. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 ?tional Graphics A Division or 3110000 Canada Inc. JONATHAN GARAYT Tel.: (514) 367-1025 • Fax: (514) 367-1318 E-mail: info@natgraph.ca 9216 Boivin Street, LaSalle, Quebec HER 2E7 /I Invoice No. tics H8R 2E7 .1 7-1318 Office: PC 0 J tart' (_il\ L) l City/Town: C "No I Z (t C_ (, '1f<v fryv .:. Company Name: (D 1€2CA?-C<_ J?1 .} 7 l ?f ?Y= J1C? Telephone: =Ll?t-_). ^° '7 J c Fax: (_) c Address: J' OQ fvl l?l ``??ti City: <f Nme f ( (?(- State/Province: T"rA Zip/Postal Code: By the present contract, National Graphics agrees to print and deliver to: ? Y 1-1 CvZ? -LA LT 3000 COPIES OF THIS FOLDER 1, the merchant, agree to purchase: ? Single ? Double ? Triple ? Quadruple ? B/C Flap ? 1/2 Page Full page • The customer hereby declares to be a merchant and wishes to obtain the present publicity for the purpose of promoting his own business. • The responsibility of National Graphics is limited only to the value of this contract; should this contract be cancelled and / or declared null and void, the merchant can only demand, by right of damage-interest, the amount indicated on the present contract. • This present contract, once signed, constitutes the entire agreement between both parties and is binding to both. Should the contract be terminated with the broker, and, National Graphics being faultless, proofs regarding their ad will not be submitted to the merchant however all monies will be refunded. • The final product will be printed and delivered in approximately 8 to 12 weeks after completion of the sales period of this media. • The advertiser will incur an extra charge of $25.00 for administrative fees for any cheque returned by a financial institution. • Exclusivity and / or location of the ad.will only be honored by National Graphics if specifically indicated in writing on this signed contract by a National Graphics representative. Verbal agreements or conditions not included in writing, will not be recognized or accepted by National Graphics. Marketing Agent: Representative: ?'-) This contract is subject to approval by National Graphics. SPECIAL INSTRUCTIONS: / .. ?-((: AC :> - 2iL4 12-c 3l,,. c(_J Amount ........... S ?G U !> O Artwork: .......... $ Sub-Total: .......... S -Loo. Ob GST (If applicable) .... $ No. 872055462 RT PST (If applicable) .... $ No. 1021642696 TQ0001 p C' NAME (Print) Signature Date: ?0 0 ? ( I o Please note: VISA and MASTERCARD m y cha Cheque Amount: 0 C.? Cheque Date -.?/ Cheque Amount: -"T G Cheque Date 9-) Z T, Cheque Amount: Cheque Date 40 J S. u I -J C5 e) 0 0 o Cheque Amount: Cheque Date s>S - -" 5 / 2-P Cheque Amount: Cheque Date NO PROOF REQUIRED ?- PROOF REQUIRED a conversion fee. VERIFICATION I, ?t V ??UUI?p verify that the statements made in Plaintiff's Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C, S. § 4904 relating to unsworn falsification to authorities. J i E. Braafh rt resident of C elsea Settlement Service, Inc. Date: .S= / - 0'0 CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Plaintiff's Complaint, upon the following person, in the manner indicated: U.S. Mail National Graphics 9216 Boivin Street LaSalle, Quebec H8R 2E Canada DATE:. 4-ob Eliza eth . S ylor, quire N r? ?? (J T C .-1 ?' ? _ "^ ? _-_ ? ??t- i?: N _?t?? T -',1 ? '? ' + ?? v,? -r - .. . .w ' w a F:\FILES\DATAFILE\General\Current\12053. Created: 6/ 1 /06 10:42AM Revised: 6/6/06 7:58AM Christopher E. Rice, I.D. Number 90916 MARTSON DEARS Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Defenc WILLIAMS & OTTO CHELSEA SETTI SERVICES, INC., v NATIONAL GRAPHI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2037 CIVIL ACTION TRIAL BY JURY DEMANDED TO PLAINTIFF'S COMPLAINT TO: CHELSEA S: ESQUIRE, its SERVICES, INC., and ELIZABETH J. SAYLOR, YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR JUDGMENT MAY BE ENTERED AGAINST YOU. 1. Admi 2. Admi 3. Admi 4. Admi representative of Detenda speaks for itself. 5. Denied. a belief as to the truth o 6. Denied. 7. Denied. 8. Denied. in part and denied in part. It is admitted that Jonathan Garayt was a t and sold advertisement space in a folder, but the rest is denied as the document after reasonable investigation, Defendant is without knowledge sufficient to form f the averment and the same is therefore denied and strict proof demanded. The document speaks for itself. The document speaks for itself. The document speaks for itself. 9. Paragral 10. Admitte representative of Defend speaks for itself. 11. Denied. 12. Denied. WHEREFORE, costs of suit and interes 13. Paragral 14. Plaintiff Dollars ($8,000) plus it 15. On the fr only to the value of this COUNT I - BREACH OF CONTRACT s 1-8 are incorporated herein by reference. in part and denied in part. It is admitted that Jonathan Garayt was a t and sold advertisement space in a folder, but the rest is denied as the document document speaks for itself. document speaks for itself. idant demands that Plaintiff's action is dismissed with prejudice and request NEW MATTER 1-12 are incorporated herein by reference. ims damages from the Defendant in an amount in excess of Eight Thousand costs, etc. of the contract it states, "The responsibility of National Graphics is limited tract; should this contract be cancelled and/or declared null and void, the merchant can only deman , by right of damage-interest, the amount indicated on the present contract." See Exhibit "A" to Plaintiff s Complaint (emphasis added). 16. Plaintiff damages are limited to the contract price of $2,000.00. 17. There is n disparity between the parties in either bargaining power or sophistication. 18. Plaintiff 'd accept and receive the benefit of being published on the Exit Realty folders, which were distributed 0 the public. WHEREFORE, costs of suit and intere demands that Plaintiff's action is dismissed with prejudice and request MARTSON DEARDORFF WILLIAMS & OTTO Date: June 6, 2006 Christopher E. Rice I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant VERIFICATION Christopher E. Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Defendant in e within action, certifies that the statements made in the foregoing Answer with New Matter to Plaintiffs omplaint, are true and correct to the best of his knowledge, information and belief. He understands Section 4904 relating to false statements herein are made subject to the penalties of 18 Pa. C.S. falsification to authorities. CERTIFICATE OF SERVICE Post Office at Carlisle, first class mail, postage prepaid, addressed as follows: Elizabeth J. Saylor LAW OFFICE OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS & OTTO I hereby a copy of the foregoing Answer was served this date by depositing same in the '5-. g-r ? gY(_ " -z? Christopher E. Rice 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 6, 2006 Cn . ? ^ + J F. TILESDATAFILM..ralTur 02053. Lpra Created'. W1/06 1042W ReOud: 619/06 10.54" Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Defendant CHELSEA SETTLEMENT : IN THE COURT OF COMMON PLEAS OF SERVICES, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-2037 V. CIVIL ACTION NATIONAL GRAPHICS, Defendant : TRIAL BY JURY DEMANDED PRAECIPE Please substitute the attached Verification to the Defendant's Answer withNew Matter to Plaintiffs Complaint. MARTSON DEARDORFF WILLIAMS & OTTO By ?- C Christopher E. Rice I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 9, 2006 Attorneys for Defendant VERIFICATION I, Peter Vala, acknowledge I have the authority to execute this Verification onbehalf ofDefendant and certify the foregoing Answer andNew Matter is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthis document is that of counsel and not my own. I have read the document and to the extent it is based upon information which I have given to my counsel, it is true and correct to the best ofmyknowledge, information and belief. To the extentthe content of the document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that ifl knowingly make false averments, I may be subject to criminal penalties. n? f Dated: a1 oL 0? ' Peter Vala. CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Elizabeth J. Saylor LAW OFFICE OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff MARTSON DEARDORFF WILLIAMS & OTTO By ?? Christopher E. Rice 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 9, 2006 ?' ?' ' ? 1 C . ( _, t T - [??c ?i? v n ? r - . _ _ i . ?,C7 . ??'?:. ??'. -- ^? -;?} Gam? t., "-1 _ ? : G LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff Peter J. Russo, Esquire PA Supreme Court ID # 72897 Scott A. Stein, Esquire PA Supreme Court ID # 81738 Elizabeth J. Saylor, Esquire PA Supreme Court ID # 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff CIVIL ACTION NO. 06-2037 V. National Graphics Defendant TRIAL BY JURY DEMANDED PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER AND NOW comes the above named Plaintiff by and through its attorney The Law Offices of Peter J. Russo, P.C. in response to Defendants Answer with New Matter to Plaintiffs Complaint as more fully set forth below: 13. Denied. The rules of civil procedure do not require a response to the advent contained in paragraph 13. 14. Admitted. Plaintiff claims damages from Defendant in an amount in excess of $8,000.00 plus interests, costs and any other appropriate damages. 15. Denied. The averment contained in paragraph 15 contains statements from a document which controls and any interpretational gloss placed therein by Defendant is strictly denied. 16. Denied. The averment in paragraph 16 is a legal conclusion and thus no response is required. 17. Admitted. It is admitted that there is no disparity between the parties in either bargaining power or sophistication. 18. Denied. The averment in paragraph 18 is a legal conclusion and thus no response is required. By way of further response, Plaintiff objected to the disbursement of the Exit Realty folders that did not comply with the contract entered into by Plaintiff and Defendant; however, Defendant failed to respond. Plaintiff denies all other allegations in paragraph 13 through 18 of Defendant's Answer with New Matter to Plaintiffs Complaint that are not specifically admitted. WHEREFORE, Plaintiff demands judgment in his favor and against Defendant. Respectfully submitted, LAW OFFICES-OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No.200139 VERIFICATION -7 -3 I, av,.N (GQ%.R(-? , verify that the statements made in Plaintiffs Answer to Defendant's New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. \?. Ja i E. Braafh rt P side nt of Chelsea Settlement Service, Inc. Date: v ?O? CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Plaintiffs Answer to Defendant's New Matter, upon the following person, in the manner indicated: U.S. Mail Christopher E. Rice, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 DATE: ? -1 H ob Eliza th J. ylor, squire n-', C:> CY t-T1 .. - -ct Cia -?. . ri-, _...-.. -??1 L.? t -?„- ,• Cs> -G r LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 IsaylorApirlaw.com Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff V. National Graphics Defendant CIVIL ACTION NO. 06-2037 CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that the foregoing Contention Interrogatories and Request of Production were served and received upon the person and in the matter indicated below on October 30, 2006: Certified Mail, Restricted Delivery, Return Receipt Requested, Regular US Mail, and addressed as follows: Marcia Compton Martson, Deardorff, 10 East High Street Carlisle, PA 17013 Williams and Otto Date: Do clli-?kjl? AC00 - Ashley . Sipe, Pa legal ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse t- so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: W i\ i , a(?Sch. Ca 'r'F- \1 O "r A i nature X (S ? C- ? Agent ? Addressee B. Received by (Punted N , ) ... C. Date of Delivery D. Is deliveryidd di Brent from Iitem.y i• ? Yes If YES, inter elivery address below: - Q No a 3. Type, Certified Mail MaN ,JU ? Registered um Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number ?001 2 510 0006 5849 712 6 (Transfer from service labs!) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 r- ?,4 1i r t 4C?D LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff Peter J. Russo, Esquire PA Supreme Court ID # 72897 Scott A. Stein, Esquire PA Supreme Court ID # 81738 Elizabeth J. Saylor, Esquire PA Supreme Court ID # 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. CIVIL ACTION Plaintiff NO. 06-2037 V. National Graphics Defendant TRIAL BY JURY DEMANDED PLAINTIFF'S PETITION FOR LEAVE TO AMEND COMPLAINT AND NOW comes the above named Plaintiff by and through its attorney The Law Offices of Peter J. Russo, P.C. in request for leave to amend its complaint as more fully set forth below: 1. On May 2, 2006, a Complaint was filed on behalf of Plaintiff. 2. The Complaint alleges a Breach of Contract Count, based on Plaintiff contracting to be the exclusive law office and title insurance provider advertised within the Defendant's folder. 3. In or about November 2006, Plaintiff served Defendant with Requests for Production of Documents. 4. In the Requests for Production of Document Plaintiff requested that the Defendants produce all documents relating to the production of the advertising folders and to the sale of advertising space to other companies that were on the folder. 5. Defendants failed to respond to said requests objecting on grounds of relevancy. 6. In or about February 2007, Plaintiffs counsel contacted other law offices and title insurance providers who advertised in Defendant's folder to obtain the information requested from Defendant but not provided. 7. Through those contacts, Plaintiff discovered that at least one other title Insurance Agent and one other Law Office contracted for exclusivity regarding the same folder. 8. Plaintiff has not obtained Defendant's concurrence in this request for leave to amend. 9. No Judge has ruled in this matter. WHEREFORE, Plaintiff requests this Honorable Court to grant leave to amend Plaintiffs Complaint to include a Count of Fraud. submitted, ,5 3 -C7 LAW OFFICES OFTE?TER J. RUSSO, P.C. Attorneys for Plaint' Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Plaintiff's Petition for Leave to Amend, upon the following person, in the manner indicated: U.S. Mail Christopher E. Rice, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 DATE: Eli abeth J. Sa , Esquire r-s 'Y'? __ - T - y ? r3 i ?"T ' ; Y h 7? ?... ?. 1 .? C? ,. ?_ rJ CHELSEA SETTLEMENT IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NATIONAL GRAPHICS, Defendant NO. 06-2037 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of May, 2007, upon consideration of Plaintiff's Petition for Leave To Amend Complaint, 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, Elizabeth J. Saylor, Esq. A Chelsea Building v 3800 Market Street Camp Hill, PA 17011-4327 Attorney for Plaintiff istopher E. Rice, Esq. Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendant J rc /"lF?l I r i1 1•.l U 1 •Z NJ 1 I P-!H L G 0 Z F.\FILES1GenerallCurrem112053112053. (.response Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Defendant CHELSEA SETTLEMENT SERVICES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2037 CIVIL TERM v NATIONAL GRAPHICS, Defendant HONORABLE J. WESLEY OLER TRIAL BY JURY DEMANDED DEFENDANT'S RESPONSE TO PETITION FOR LEAVE TO AMEND COMPLAINT 1. Plaintiff filed a Complaint against Defendant for breach of contract on May 2, 2006. 2. Defendant filed a timely Answer with New Matter. 3. Thereafter, discovery was conducted and has been completed by both parties. 4. Defendant has attempted to list this case for arbitration, but Plaintiff has failed to agree to the same. 5. Plaintiff has now filed a Motion for Leave to Amend Complaint. 6. Plaintiff continues to delay the arbitration in an effort to intimidate Defendant and cause Defendant additional legal expenses. 7. Defendant has already responded to the original Complaint and discovery; Plaintiff should not be entitled to amend its Complaint at this point. 8. Defendant would be prejudiced by an amendment since it would be forced to answer both the new Complaint and possibly additional discovery which would cause Defendant to incur additional expenses. 9. In addition, Plaintiff has failed to attach a copy of the Amended Complaint so Defendant is not aware of the allegations which Plaintiff seeks to change and/or add. WHEREFORE, Defendant requests that this Court deny Plaintiff's request for leave to amend the Complaint. MARTSON LAW OFFICES By Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: May 30, 2007 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Response to Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Elizabeth J. Saylor LAW OFFICE OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff MARTSON LAW OFFICES 1, Christopher E. Rice 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: -' ?3 b)07 C , c CHELSEA SETTLEMENT SERVICES, INC., Plaintiff V. NATIONAL GRAPHICS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 06-2037 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR LEAVE TO AMEND COMPLAINT BEFORE OLER, J. ORDER OF COURT AND NOW, this 20th day of June, 2007, upon consideration of Plaintiff's Petition for Leave To Amend Complaint, which did not include a proposed amended complaint, and of Defendant's response thereto, and it appearing that the amendment would involve the pleading of evidence to support a claim already asserted, the Petition is denied. BY THE COURT, ,/eter J. Russo, Esq. Elizabeth J. Saylor, Esq. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Christopher E. Rice, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant J J. esley Oler, , J. - rc ViNVA-ASNN3d S ? : i 6-d I z nr LOOZ R8ViQN,'0HiCdd 3Hi da 301:--?0-0311) U LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Elizabeth J. Saylor, Esquire PA Supreme Court ID # 200139 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. CIVIL ACTION Plaintiff NO. 06-2037 V. National Graphics Defendant TRIAL BY JURY DEMANDED Judge J. Wesley Oler, Jr. PLAINTIFF'S PETITION FOR RECONSIDERATION AND NOW comes the above named Plaintiff by and through its attorney The Law Offices of Peter J. Russo, P.C. in request for reconsideration to amend its complaint as more fully set forth below: 1. On May 3, 2007, a Petition for Leave to Amend Complaint was filed on behalf of the Plaintiff. A true and correct copy of said petition is attached hereto and incorporated herein as Exhibit A. 2. An order was entered by the Honorable Judge J. Wesley Oler, Jr. stating that a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. A true and correct copy of said order is attached hereto and incorporated herein as Exhibit B. 3. On May 30, 2007, Defendant filed a Response to Plaintiff's Petition for Leave to Amend. A true and correct copy of said response it attached hereto and incorporated herein as Exhibit C. 4. An order was entered by the Honorable Judge J. Wesley Oler, Jr. denying Plaintiff's Petition for two reasons: 1. Plaintiff did not attach a proposed amended complaint; and 2. Amendment would involve the pleading of evidence to support a claim already asserted. A true and correct copy of said order is attached hereto and incorporated herein as Exhibit D. 5. While petitioner was unable to find any state or local rule requiring a proposed Amended Complaint to be attached to a petition to amend, she has attached a proposed complaint as Exhibit E hereto. 6. The proposed Amended Complaint sets forth evidence and a claim not already asserted. 7. Plaintiff has not obtained Defendant's concurrence in this request for reconsideration for leave to amend. 8. The Honorable Judge J. Wesley Oler, Jr. has previously ruled on this matter, as set forth above. WHEREFORE, Plaintiff requests this Honorable Court to Reconsider Plaintiff's Petition and grant leave to amend Plaintiff's Complaint to include a Count of Fraud. Respectfully submitted, 7 1?-?7 4WA0ff0.tdEE68-64FPET?=E=RJ. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 3800 Market Street Camp Hill, PA 17011 Telephone: 717-591-1755 Facsimile: 717-591-1756 VERIFICATION I, ? % E- - E?hc V , verify that the statements made in Plaintiffs Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unswom falsification to authorities. ? t' ?' )l /? ?2 r-., ? //Z'1? ? ?k m' E. Br a rt residen of elsea Settlement Service, Inc. Date: 7---?y O 7 EXKI$IT A LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff Peter J. Russo, Esquire PA Supreme Court ID # 72897 Scott A. Stein, Esquire PA Supreme Court ID # 81738 Elizabeth J. Saylor, Esquire PA Supreme Court ID # 200139 r o 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 - : - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.P r„ PENNSYLVANIA Chelsea Settlement Services, Inc. CIVIL ACTION Plaintiff NO. 06-2037 V. National Graphics Defendant TRIAL BY JURY DEMANDED PLAINTIFF'S PETITION FOR LEAVE TO AMEND COMPLAINT AND NOW comes the above named Plaintiff by and through its attorney The Law Offices of Peter J. Russo, P.C. in request for leave to amend its complaint as more fully set forth below: 1. On May 2, 2006, a Complaint was filed on behalf of Plaintiff. 2. The Complaint alleges a Breach of Contract Count, based on Plaintiff contracting to be the exclusive law office and title insurance provider advertised within the Defendant's folder. 3. In or about November 2006, Plaintiff served Defendant with Requests for Production of Documents. 4. In the Requests for Production of Document Plaintiff requested that the Defendants produce all documents relating to the production of the advertising folders and to the sale of advertising space to other companies that were on the folder. 5. Defendants failed to respond to said requests objecting on grounds of relevancy. 6. In or about February 2007, Plaintiffs counsel contacted other law offices and title insurance providers who advertised in Defendant's folder to obtain the information requested from Defendant but not provided. 7. Through those contacts, Plaintiff discovered that at least one other title Insurance Agent and one other Law Office contracted for exclusivity regarding the same folder. 8. Plaintiff has not obtained Defendant's concurrence in this request for leave to amend. 9. No Judge has ruled in this matter. WHEREFORE, Plaintiff requests this Honorable Court to grant leave to amend Plaintiffs Complaint to include a Count of Fraud. ._ 3 - c-7 LAW OFFICES OFt P ff ER Attorneys for Plaintiff' Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 E?IBIT B CHELSEA SETTLEMENT IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NATIONAL GRAPHICS, Defendant NO. 06-2037 CIVIL TERM ORDER OF COURT AND NOW, this 11th day of May, 2007, upon consideration of Plaintiffs Petition for Leave To Amend Complaint, 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, Eli eth J. Saylor, Esq. he Chelsea Building 3800 Market Street Camp Hill, PA 17011-4327 Attorney for Plaintiff Christopher E. Rice, Esq. Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendant :rc If EXHIBIT C F:?,FI LES\GeneraPCurrenft 12053\12053. I . response Christopher E. Rice, Esquire C? I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER rr MARTSON LAW OFFICES -< Ten East High Street i t?I Carlisle, PA 17013 z'= -7' 717-243-3341 ' Attorneys for Defendant I CHELSEA SETTLEMENT : IN THE COURT OF COMMON PLEAS OF SERVICES, INC., ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 06-2037 CIVIL TERM v HONORABLE J. WESLEY OLER NATIONAL GRAPHICS, Defendant : TRIAL BY JURY DEMANDED DEFENDANT'S RESPONSE TO PETITION FOR LEAVE TO AMEND COMPLAINT 1. Plaintiff filed a Complaint against Defendant for breach of contract on May 2, 2006. 2. Defendant filed a timely Answer with New Matter. 3. Thereafter, discovery was conducted and has been completed by both parties. 4. Defendant has attempted to list this case for arbitration, but Plaintiff has failed to agree to the same. 5. Plaintiff has now filed a Motion for Leave to Amend Complaint. 6. Plaintiff continues to delay the arbitration in an effort to intimidate Defendant and cause Defendant additional legal expenses. 7. Defendant has already responded to the original Complaint and discovery; Plaintiff should not be entitled to amend its Complaint at this point. 8. Defendant would be prejudiced by an amendment since it would be forced to answer both the new Complaint and possibly additional discovery which would cause Defendant to incur additional expenses. 9. In addition, Plaintiff has failed to attach a copy of the Amended Complaint so Defendant is not aware of the allegations which Plaintiff seeks to change and/or add. WHEREFORE, Defendant requests that this Court deny Plaintiff's request for leave to amend the Complaint. MARTSON LAW OFFICES I,- 0 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: May 30, 2007 EXHIBIT D CHELSEA SETTLEMENT SERVICES, INC., Plaintiff V. NATIONAL GRAPHICS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2037 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR LEAVE TO AMEND COMPLAINT BEFORE OLER, J. ORDER OF COURT AND NOW, this 20" day of June, 2007, upon consideration of Plaintiff's Petition for Leave To Amend Complaint, which did not include a proposed amended complaint, and of Defendant's response thereto, and it appearing that the amendment would involve the pleading of evidence to support a claim already asserted, the Petition is denied. BY THE COURT, Pete J. Russo, Esq. El' abeth J. Saylor, Esq. e Chelsea Building 3800 Market Street Camp Hill, PA 17011 Attorney for Plaintiff Christopher E. Rice, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant J. :rc EXHIBIT E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff CIVIL ACTION NO. 06-2037 V. National Graphics Defendant TRIAL BY JURY DEMANDED NOTICE You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this 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 717-249-3166 1-800-990-9108 LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Elizabeth J. Saylor, Esquire PA Supreme Court ID # 200139 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. CIVIL ACTION Plaintiff NO. 06-2037 V. National Graphics Defendant TRIAL BY JURY DEMANDED AMENDED COMPLAINT Plaintiff Chelsea Settlement Services, Inc. (hereinafter "Plaintiff"), by and through its attorneys the Law Offices of Peter J. Russo, P.C., in support of Plaintiffs Complaint avers the following: 1. Plaintiff is a Pennsylvania corporation having its principal place of business at 3800 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendant is believed to have its principal place of business at 9216 Boivin Street, LaSalle, Quebec H8R 3E7, Canada. 3. Defendant has done business with Plaintiff in Cumberland County, Pennsylvania. 4. On October 25, 2004, Plaintiff contracted with Jonathan Garayt, sales representative for Defendant, who sold Plaintiff advertisement space in a folder in exchange for Two Thousand Dollars ($2,000.00). A true and correct copy of the contract is attached hereto and incorporated herein as Exhibit A. 5. The aforementioned folder was to be distributed by three (3) EXIT Realty Offices. 6. Three Thousand (3,000) copies of this folder were to be produced. 7. Plaintiff was assured that it would be the only law office and title insurance provider advertised within the folder. 8. The folder was produced with no less than six (6) other advertisers that advertised in the same categories that Defendant agreed would be exclusively reserved for Plaintiff. 9. Defendant contracted with Miller Lipsitt, LLC, for it to also be the exclusive law office on the folder on or around the same date as Plaintiff. 10. Defendant contracted with Liberty Land Transfer, Inc. for it to also be the exclusive title insurance company on the folder. A true and correct copy of said contract is attached hereto as Exhibit B. 11. The ads of Plaintiff, Miller Lipsitt, LLC, and Liberty Land Tranfer, Inc. were all published on the same folder. A true and correct copy of said advertising folder is attached hereto as Exhibit C. COUNT I - BREACH OF CONTRACT 12. Plaintiff adopts by reference paragraphs 1-11. 13. On October 25, 2004, Plaintiff contracted with Jonathan Garayt, sales representative for Defendant, who sold Plaintiff advertisement space in a folder in exchange for Two Thousand Dollars ($2,000.00). 14. Plaintiff was assured that it would be the only law office and title insurance provider advertised within the folder. 15. Defendant within the folder advertised two (2) other Law Offices and four (4) other Title Insurance Companies. WHEREFORE, Plaintiff claims damages from Defendant in an amount in excess of Eight Thousand Dollars ($8,000.00) plus interests, costs and any other appropriate damages. COUNT II - FRAUD 16. Plaintiff adopts by reference paragraphs 1-15. 17. On October 25, 2004, an agent of Defendant misrepresented that Plaintiff would be the only Law Office and Title Insurance Company advertised on the folder. 18. The representation was material as it was a special instruction written into the contract. See Exhibit A. 19. Jonathan Garayt and Paul were both agents of Defendant at the time the contract between Plaintiff and Defendant was entered into. 20. Jonathan Garayt and/or Paul knew or should have known that exclusivity could not be given to Plaintiff for Title Insurance, as exclusivity in the same line of business was contracted for just four (4) days prior with Liberty Land Transfer, Inc. See Exhibit A and Exhibit B. 21. Jonathan Garayt and/or Paul knew or should have known that exclusivity would not be given to Plaintiff for legal services, as exclusivity in the same line of business was also promised to Miller Lipsitt, LLC. 22. It is believed and therefore averred that the misrepresentation of exclusivity was made to induce Plaintiff into contracting for the advertisement resulting in a financial gain to both the Defendant and/or its agent. 23. Plaintiff justifiably relied on Defendant's promise to provide exclusivity as contracted as Plaintiff paid the contract price. 24. As the proximate result of the misrepresentation Plaintiff's advertisement was published in a folder with other competitors, which is believed and therefore averred to have resulted in client splitting and less profit then had exclusivity actually been provided. WHEREFORE, Plaintiff claims damages from Defendant in an amount in excess of Eight Thousand Dollars ($8,000.00) plus interests, costs and any other appropriate damages Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 3800 Market Street Camp Hill, PA 17011 Telephone: 717-591-1755 Facsimile: 717-591-1756 EXHIBIT A National Graphics A Division of 3510000 Canada Inc. 9216 Boivin Street, LaSalle, Quebec H811 2E7 Tel.: (514) 367-1025 9 Fax: (514) 367-1318 E-mail: info@natgraph.ca Invoice No. Office: r yl ; City/Town: ` ` t µ € i ;` ! l .l r _a Company Name: Telephone: Fax: ( ._ It f ) .. # v ell- Telephone: ' ° T City: State/Province: i t Zip/Postal Code: By the present contract, National Graphics agrees to print and deliver to: V.4s - ('\ L-A (TJ 3000 COPIES OF THIS FOLDER I, the merchant, agree to purchase: / ? Single ? Double ? Triple ? Quadruple ? B/C Flap ? 1/2 Page Full page • The customer hereby declares to be a merchant and wishes to obtain the present publicity for the purpose of promoting his own business. • The responsibility of National Graphics is limited only to the value of this contract; should this contract be cancelled and / or declared null and void, the merchant can only demand, by right of damage-interest, the amount indicated on the present contract. • This present contract, once signed, constitutes the entire agreement between both parties and is binding to both. Should the contract be terminated with the broker, and, National Graphics being faultless, proofs regarding their ad will not be submitted to the merchant, however all monies will be refunded. • The final product will be printed and delivered in approximately 8 to 12 weeks after completion of the sales period of this media. • The advertiser will incur an extra charge of $25.00 for administrative fees for any cheque returned by a financial institution. • Exclusivity and / or location of the ad will only be honored by National Graphics if specifically indicated in writing on this signed contract by a National Graphics representative. Verbal agreements or conditions not included in writing, will not be recognized or accepted by National Graphics. Marketing Agent: f? '• Representative: This contract is subject to approval by National Graphics. SPECIAL INSTRUCTIONS: -' P ?Jf . Amount:........... $ Artwork: .......... $ ---..- _ " Sub-Total: .......... $ 0 < , r.? 0 . ?D !? GST (If applicable) .... No. 872055462 RT PST (If applicable) .... No. 1021642696 T00001 M Cheque Amount:'- .Xj c' Cheque Date .-'' Cheque Amount Cheque Date ` Cheque ' Amount. Cheque Date a , ., / Cheque Amount:'-) ?? C) Cheque Date -? ` .lam Cheque Amount: NAME (Print) '? Ji!<a - 1. , ';"• c? Signature X Date: Cheque Date NO PROOF REQUIRED PROOF REQUIRED -Pleasee_note.. EXHIBIT B 02/20/2007,14:49 FAY 717 763 7464 y National Graphics A DiuWan of 3510000 Canada Inc. 9216 Boivin Street, LaSalle, Quebec 1-1811 2E7 Tel.:: (514) 357-1025 - Fax: (514) 367-1318 E-mail; infoll1inatgraph.ca Invoice No, C- 9Ljt..}c.1 - GtyMwn: M ?' t l i c. L Company Name: L L-A Q D' C- Telephone: { } 1-15 ! { V5 Fax Address i,J I TE I OZ) tarty: StateAhYMnce: FA Zip/Postal Code: By the present contract, National Graphics agrees to print and deliver to: E'9 i -r WEAL-7Y 3000 COPIES OF THIS FOLDER 1, the merchant,' agree to purchase: 0 Single Q Double YTripie a Quadruple ? B/C Flap ? 1/2 Page Q Full page • The customer hereby declares to be a merchant and wishes to obtain the present publicity for the purpose of promoting his own business. • The responsibility of National Graphics is limited only to the value of this contract; should this contract be cancelled and / or declared null and void, the merchant can only demand, by right of damage-interest the amount indicated an the present contract ¦ This present contract, once signed, constitutes the entire agreement between both parties and is binding to both. Should the contract be terminated with the broker, and, National Graphics being faultless; proofs regarding their ad will not be submitted to the merchant, however all monies will be refunded. • The final product will be printed and delivered in approximately S to 12 weeks after completion of the sales period cf this media. • The advertiser will incur an extra charge of 525.00 for administrative fees for any cheque returned by a financial institution. • Exclusivity and / or location of the ad will only be honored by National Graphics if specifically indicated in writing on this signed contract by a National Graphics representative. Verbal agreements or conditions not Included in writing, will not be recognized or accepted by National Graphics. 1 ? ?? Marketing Agent i?Au L Repr eses>tedve~ ?O rJAl- this contract is subject to approval by National Graphics. SPECIAL lwsrrrucTlolvs:? 7o !Z 3Ek' S3u?``t-t ( . ---P- W l LL., T3L--- ? S l l .& °v ., 4 eMeuwh ........... 4700.00 ... Anwork. .......... $ Sub-Total: .......... S`"?? • ?? GST (If applicable) 4 No. 87205S/62 Wr PST (If applicable) No. 1021"ZM T00001 57700, 00 ?. Cheque Amount //bG " 0 0 Cheque Date vG Cheque Amount: 1 (0' G U Cheque Date-,-) Cheque Amount /?? • aU Cheque Date; C Cheque Amount: I • C3 U Cheque Date" vr? S Cheque Amourrt Cheque Date NAME (Pant) I?L1-`? F . CLLE? Signature X ?- Date:r I G NO PROOF REQUIRED Eg-WO-OF REQUIRED Please note: VISA and MASTERCARD ntay charge a conversion fee. EXHIBIT C EST . wts f 4 n E .t a ry._ Y t womp- 20 Lida Laney l ? is ''(?'?, pp? I Val cep ?,-?IT C7?7? 920-6`10 T:r ,, Fes: (717?aer c°n' .E?t?omeF inaerc°nl ; 1• iof °@E r ?x?'It ?n B T Blechler & Tillery INCORPORATED 2843 N. Front Street, Harrisburg, PA 17110 PH 717 221-1004 Fm 717 221-1005 Home Inspections A Radon * Mold Testing Termite . 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Full lnxlosurc uq,aas at n.rting • w?na,•an«I<rwrr FC<a There's nn such th ft,. a -kit nnt<r loan.Th<GNLY xnyto,, rN amortgage plan Is Ip krww the wMl plrturr. crrmt. mro,nr ana pr?prrry-ryrr are ntlcal ra,lan Ihal determinr Ihr hot prcgam for nYry bah-ana.lnwdon. where are you nand where a. rou woof ?. b<r FM1ars wh<.<t.•<.faG. wlar<-mall n<Imay, ACA Mortgage. r.,.,•.,.a a ,ie.tc.--I s, ir.•n;/:v vrc e Fgnlry Loans and Lino M CrcdR . R<nahhorwn ana col.IGanon • Nu lnrome [brumMtatbn programs • ALL Credit consld«etl MORTGAGE LIBERTY LAND TRANSFER, INC. TITLE INSURANCE AGENTS • e • • • e • • • • e • • • • • e 4660 Trindle Road - Suite 103 Camp Hill, PA 17011 www.libertylandtransfer.com 717-975-9915 Fax 717-763-7460 Toll Free 1-866-216-9999 e-mail: hkeller@lihertylandtransfeccom Our staff, with over 60 years of experience, is committed to providing excellent service in guiding you through the settlement process. HOLLY E KELLER President REPRESENTING LAWYERS TITLE INSURANCE CORP. AND STEWART TITLE GUARANTY CO. ROBERT P. KLINE, ESQ. REAL ESTATE - TITLE INSURANCE BUSINESS LAW - WILLS & ESTATES HOMETOWNE SETTLEMENT SERVICES Complete Settlement and Title Services Residential and Commercial Transactions 714 BRIDGE STREET, NEW CUMBERLAND, PA 17070 (717) 770-2540 • FAX (717) 770-2553 W W w.KLINELAWOFFICE.COM 1°Id"Good Abs"Ict S VICe GLENDA M. WETHINGTON (717) -N70 Fax (717) 761-3830 3414 Chestnut Street Camp Hill, PA 17011 email: tricounty@oncmain.com kFaF, ,..M Tyrone Isaac Tel: (717) 763-7681 Fax: (717) 793-1697 209 South 3rd St Lemoyne, PA "Customer Satisfaction" "Discounts and Affordable Rates" • Homeowner Insurance - Health and Disability • We and Annuities • Auto !4 r EXIT PLATINUM PLus REALTY 920 Linda Lane, Camp Hill, PA 17011 (717) 909-EXIT Fax: (717) 920-6403 Website: www.ExitHomeFinder.com • E-mail: info@ExitHomeFinder.com National Association of Certified Home Inspectors NACNI The best home inspectors in the world. www.insp(?ctorseek.com JANUARY FEBRUARY MARCH APRIL MAY JUNE S M T W T F S S M T IN T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 4 12 13 14 , - 1 2 3 4 5 6 7 8 9 10 11 9 10 11 12 13 14 15 16 17 18 19 20 21 22 13 14 15 16 17 18 79 20 21 22 23 24 25 2 13 14 15 16 17 18 19 0 11 12 13 14 15 16 15 16 17 18 19 20 2} 12 13 14 15 16 17 18 1 4 25 26 27 28 29 23 2 6 27 28 20 21 22 23 24 25 26 27 28 29 30 31 7 18 19 20 21 22 23 4 25 22 23 24 25 26 27 28 19 20 22 23 24 25 23 3 2 26 27 28 29 30 29 30 31 26 27 28 29 30 JULY S M T W T F S AUGUST S M T W T F S SEPTEMBER S M T W T F S OCTOBER S M T W T F S NOVEMBER S M T W T F S DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 9 10 9 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 1011 1213141516 14151617181920 11 12131415 17 9 101112131415 131415 16 171819 11 12 131415 1617 17 18 19 20 21 22 23 24 25 26 27 28 2 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20.21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 9 30 31 28 29 30 31 25 26 27 28 29 30 3 24 25 26 27 28 29 30 31 27 28 29 30 25 26 27 28 29 30 31 JANUARY S M T W T F S 1 2 3 4 5 6 7 8 9 2 15 16 107 18 19 20 24 22 23 24 25 26 27 28 2930 31 FEBRUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARCH S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JULY AUGUST S M T W T F S S M T W T F S 2 3 4 5 6 7 8 6 7 8 9 0 11 12 9 10 71 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 30 31 27 28 29 30 31 SEPTEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 APRIL S M T W T F S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 OCTOBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 0 11 12 3 14 15 16 1 17 18 19 20 21 22 23 24 25 26 27 28293031 NOVEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18192021 2223 24 25 26 27 28 29 30 DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 34 25 26 27 28 29 30 JANUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 29 30 31 FEBRUARY MARCH S M T W T F S S M T W T F S 1 2 3 1 2 3 4 5 6 7 8 9 10 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 12 13 14 15 16 17 18 19 20 21 22 23 24 18 19 20 21 22 23 24 25 26 27 28 25 26 27 28 29 30 31 APRIL S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2} 22 23 24 25 26 27 28 29 30 MAY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 JUNE S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 • JULY S M T W T F 5 AUGUST SEPTEMBER S M T W T F S S M T W T F S OCTOBER S M T W T F S NOVEMBER 5 M T W T F S DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 151617181920 21 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 6 12131415161718 9 1011 12131415 1 2 3 4 5 8 7 8 9 10 11 12 13 14151617181920 1 2 3 4 5 6 7 8 9 10 11 121314151617 1 2 3 4 5 6 7 8 9 101112131415 22 23 24 25 26 27 28 29 30 31 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 29 21 22 23 24 25 26 27 28 29 30 31 18 19 20 21 22 23 24 25 26 27 28 29 30 16 17 18 19 20 21 22 23 24 2 30 5 26 27 28 29 30 31 AMORTIZATION CHART MONTHLY PAYMENT PER $1,000.00 OF MORTGAGE Rate LENGTH OF MORTGAGE f Rate LENGTH OF MORTGAG E of 3 5 10 15 20 25 30 of 3 5 10 15 20 25 30 Interest Years Years Years Years Years Years Years I Interest Years Years Years Years Years Years Years 3.00 % $29.08 $17.97 $ 9.65 $ 6.90 $ 5.54 $ 4.74 $ 4.22 7.25% 30.94 19.87 11.68 9.07 7.84 7.16 6.82 3.25% 29.19 18.08 9.77 7.02 5.67 4.87 4.35 7.50% 31.06 19.99 11.82 9.21 7.99 7.32 6.99 3.50% 29.11 _ 1819 9.88 7.14 5.79 5.00 4.49 7.75% 31.16 20.10 11.94 9.34 8.13 7.47 7.16 3.7511. M 7.26 5 92 5.13 4.63 8.00% 31.28 20.22 12.07 9.49 8.29 7.64 7.34 I - ^ i.27 4.77 8.25% 31.39 20.33 12.20 9.63 8.44 7.80 7.51 40 4.92 8.50% 31.50 20.45 12.33 917 8.59 7.96 7.69 . , ` n7 8.75% 31.52 20.57 12.45 9.91 8.74 8.12 7.87 Abstract Land Associates, Inc. Title Insurance Agency C. Wayne Keec6 - President establish,(l Sine, 1974 PBgTRACTIgNp ASSOCIATES. 1NG. (717) 763-1450 Fax(717)763-1664 3912 Market Street, Camp Hill, PA 17011 2157 Market Street, Camp Hill, Pennsylvania 17011 (866) 440-6400; 717-763-5600 (Facsimile) Real estate title insurance protects your new investment and gives you as the property owner the peace of mind that you are getting what you pay for. Real property title insurance is issued after we as the title company have performed a thorough title search verifying that the deed, ease- ments, liens, encumbrances and other property details are in order and the property is free and clear. Title insurance is advisable in all real estate property transfers and can protect your investment. Handling residential and commercial transactions of all sixes throughout Pennsylvania. MILLER LiPSIIT LLC 2157 Market Street Camp Hill, PA 17011 717-737-6400 Fax: 717-737-5355 www.paatlaw.corn s d Travel the Great Road to your largest investment e FREE CONTINENTAL BREAKFAST & LOCAL CALLS • EXERCISE ROOM • GUEST LAUNDRY I • HBO • CABLE • REFRIGERATOR & IRON AND BOARD BY CHOICE HOTELS * COFFEE MAKER WEST • HIGH-SPEED INTERNET Special .. t r t Mention This Advertisement tor :i now Ir- Discount 790-0924 FAX 691-9385 6325 Carlisle Pike (US 11) Mechanicsburg, PA 17050 RESERVATIONS 1-800-490-2374 El1I WIN n w a n ? ? n* n tt manI n ? M ifnNlllII? A CLOSE TO HARRISBURG (5) CARLISLE (6) HERSHEY (19) BROADVIEW '9fd GE CONY The Home Loan Experts • Meet With Us To Discuss Your Needs PETER A. JONES • Preapprovals Gladly Given Vice President • Low 1 st time Buyer Rates • 103% Conventional Purchase Loans • No Money Down Veteran Loan & FHA • Rehab Loans (2031) & Investor Loans Apply online right now: www.broadviewhomebans.cornipetwjones Slate Hill Business Center Call 24 Hours: (717) 731.1001 3913 Hartzdale Drive, Suite 1304 (800) 759.7334 Camp Hill, Pennsylvania 17011 fax (717) 731.1061 email: pjones®broadviewhomeioans.com home (717) 533.0433 AJMU .AGE WI' perform financial miracles All credit types welcome! We specialize in: purchase (no money down() refinance (may save thousands() construction (no income proof required) commercial (high loan amounts with low rates) self employed programs Angel J. Anile investment properties President WE CLOSE LOANS THAT BANKS TURN AWAY! Local. (717) 691-1884 Toll free. (866) 8367500 1306 South Market Street, Mechanisburg, PA 17055 www.guardianangelmortgage.com OPEN UN77L 7.•00 pm Mon•Thurs for your convenience 13UDAY until 5:00 pm • Licensed by the PA lhpartment or Banking • member orthe National Asteclation of Mortgage Brokers • member of the PA Bener Business Bureau NOT JUST ANY HOME will do__-same goes for insurance. mn osier ?nAa )^ .?Ia like' a r:?rm ,. 1'M1n, + e i inn c h-, j, ?•I.c. Y l.?tmf i. nar..ia, :. 1•r \vM1er.? \[.u 1 ?..e. II me t:.f.,?:•il.t\•e 1 i..r (' KINuAI• A Chilcont, Aeem 301 South 32nd Street femP Hill, PA 17011 Bus'. 717-761-3589 kla,tdiarhAfnat jA?AR+isiatntarm.rnm W® Portions of this folder contain information about our co-sponsors, professionals and businesses invited to participate because of their fine reputation and standing in the community. We encourage you to consider their services. However, we cannot assume any responsibility for their goods or services rendered. -? i . . T" ' T Chelsea Settlement ?- Services, Inc. Superior Service... Don't Settle For Less! Are you using Central Pennsylvania's #I Title Insurance Company?] T1 Msands of Satisfied Clients Can't Be Wrong ... If You're Not Using Chelsea, Ask Your Real Estate Agent Why! a Chelsea Provides: i 'V(., Don't Have Profit Sharing Relationships With Your Lender or Real ! Estate Agent So Our Focus is Protecting Your Interest In Your Property! We Can Hold Settlement Whenever You Want and Wherever You Want! Our Staff of In-house Attorneys Can Handle All of Your Legal Needs! Starewide Coverage Including MD VA DE OH NJ & FL { With Offices In Camp Hill, Pittsburgh & Bel Air Remember... Superior Service... Don't Settle For Less! 5, . 4+ _ r Chelsea Settlement Services Inc. , The Chelsea Building 3800 Market Street Camp Hill, PA 17011 Y Phone: (717) 731-9700 Toll Free: (877) 731-9700 Fax: (717) 732-7282 Toll Free Fax:(877) 731-7282 i Email: Settle@chelseasettlementcorn a. As ranked by The Central Penn Business Journal for 2003 ?i PRODUCED BY' National Graphics A Division of 3510000 Canada Inc. Tel.: (514) 367-1025 • Fax: (514) 367-1318 Toll Free: 1-888-922-1025 E-mail: info@natgraph.ca 9216 Boivin Street, LaSalle, Quebec H8R 2E7 PRINTED IN CANADA CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Plaintiff's Petition for Reconsideration, upon the following person, in the manner indicated: U.S. Mail Christopher E. Rice, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 DATE: 8'I I l CD '-I- all Ashley R. , Paraleg ?'"> ? C7 C„: ? ; -n r G ?? ?" "` S -? i 7'3 ,? L ? ['?.? ? ???_ i?'i '?, -- I? •' j ^^-i C .1 ? Ri CHELSEA SETTLEMENT SERVICES, INC., Plaintiff V. NATIONAL GRAPHICS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2037 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR RECONSIDERATION BEFORE OLER, J. ORDER OF COURT AND NOW, this 8th day of August, 2007, upon consideration of Plaintiff's Petition for Reconsideration with respect to its request to file an amended complaint, 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, lizabeth J. Saylor, Esq. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 Attorney for Plaintiff J hristopher E. Rice, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant rc ' i :Z vid 8- onv tool A8ViOf Q'-'HiOz'j'd AFL JO 3011-111-J-03-114 FAFILES\12053\12053. Lresp2 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Defendant CHELSEA SETTLEMENT SERVICES, INC., Plaintiff v NATIONAL GRAPHICS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2037 CIVIL TERM HONORABLE J. WESLEY OLER : TRIAL BY JURY DEMANDED DEFENDANT'S RESPONSE TO PETITION FOR RECONSIDERATION 1. Plaintiff filed a Complaint against Defendant for breach of contract on May 2, 2006. 2. Defendant filed a timely Answer with New Matter. 3. Thereafter, discovery was conducted and has been completed by both parties. 4. Defendant has attempted to list this case for arbitration time and time again, but Plaintiff has failed to agree to the same. 5. Plaintiff filed a Motion for Leave to Amend Complaint. 6. This Court denied the same and Defendant again intended to move forward. 7. However, Plaintiff filed a Motion for Reconsideration, which Defendant has been forced to respond to by Court Order. 8. Plaintiff continues to delay the arbitration in an effort to intimidate Defendant and cause Defendant additional legal expenses since Plaintiff is owned and operated by Plaintiff's counsel resulting in no additional expense incurred by Plaintiff. 9. As previously stated in our prior response, Defendant has already responded to the original Complaint and discovery; Plaintiff should not be entitled to amend its Complaint at this point as this matter has been and continues to be ready for arbitration. 16 10. Defendant would be prejudiced by an amendment since it would be forced to answer both the new Complaint and possibly additional discovery which would cause Defendant to incur additional expenses. 11. Defendant requests that this Court order Plaintiff to concur in listing this matter for arbitration. WHEREFORE, Defendant requests that this Court deny Plaintiff's request for reconsideration and order that this matter be listed for arbitration. MARTSON LAW OFFICES Y Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: August 16, 2007 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Response to Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Elizabeth J. Saylor LAW OFFICE OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff MARTSON LAW OFFICES Christopher E. Rice 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?//#07 - ?st ? ? ? ;s__, ?y'?' ?? _. .r.I C c_,"` .-G ?? CHELSEA SETTLEMENT IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW NATIONAL GRAPHICS, Defendant NO. 06-2037 CIVIL TERM ORDER OF COURT AND NOW, this 30'' day of August, 2007, upon consideration of Plaintiffs Petition for Reconsideration, which included a proposed amended complaint, and of Defendant's response thereto, the petition is granted and Plaintiff will be permitted to file an amended complaint within 14 days of the date of this order. BY THE COURT, Zlizabeth J. Saylor, Esq. The Chelsea Building 3800 Market Street Camp Hill, PA 17011-4327 Attorney for Plaintiff 0 ristopher E. Rice, Esq. 10 East High Street Carlisle, PA 17013 Attorney for Defendant :rc ww, I c snv Lool IN THE COURT. OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff V. National Graphics Defendant CIVIL ACTION NO. 06-2037 TRIAL BY JURY DEMANDED NOTICE You have been sued In court If you wish to defend agokwt the claims set forth in the following pages, you must take action wldit 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 717-249-3166 1-800-890-9108 r LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Elizabeth J. Saylor, Esquire PA Supreme Court ID # 200139 3800 Market Street Camp Hill, PA 17011 Ph: (717) 591-1755 F: (717) 591-1756 lsaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff V. National Graphics Defendant CIVIL ACTION NO. 06-2057 TRIAL BY JURY DEMANDED AMENDED COMPLAINT Plaintiff Chelsea Settlement Services, Inc. (hereinafter "Plaintiff'), by and through its attorneys the Law Offices of Peter J. Russo, P.C., in support of Plaintiffs Complaint avers the following: 1. Plaintiff is a Pennsylvania corporation having its principal place of business at 3800 Market Street, Camp Hill, Pennsylvania, 17011. 2. Defendant is believed to have its principal place of business at 9216 Boivin Street, LaSalle, Quebec H8R 3E7, Canada. 3. Defendant has done business with Plaintiff in Cumberland County, Pennsylvania. 4. On October 25, 2004, Plaintiff contracted with Jonathan Garayt, sales representative for Defendant, who sold Plaintiff advertisement space in a folder in exchange for Two Thousand Dollars ($2,000.00). A true and correct copy of the contract is attached hereto and incorporated herein as Exhibit A. 5. The aforementioned folder was to be distributed by three (3) EXIT Realty Offices. 6. Three Thousand (3,000) copies of this folder were to be produced. 7. Plaintiff was assured that it would be the only law office and title insurance provider advertised within the folder. 8. The folder was produced with no less than six (6) other advertisers that advertised in the same categories that Defendant agreed would be exclusively reserved for Plaintiff. 9. Defendant contracted with Miller Lipsitt, LLC, for it to also be the exclusive law office on the folder on or around the same date as Plaintiff. 10. Defendant contracted with Liberty Land Transfer, Inc. for it to also be the exclusive title insurance company on the folder. A true and correct copy of said contract is attached hereto as Exhibit B. 11. The ads of Plaintiff, Miller Lipsitt, LLC, and Liberty Land Tranfer, Inc. were all published on the same folder. A true and correct copy of said advertising folder is attached hereto as Exhibit C. COUNT I - BREACH OF CONTRACT 12. Plaintiff adopts by reference paragraphs 1-11. 13. On October 25, 2004, Plaintiff contracted with Jonathan Garayt, sales representative for Defendant, who sold Plaintiff advertisement space in a folder in exchange for Two Thousand Dollars ($2,000.00). 14. Plaintiff was assured that it would be the only law office and title insurance provider advertised within the folder. 15. Defendant within the folder advertised two (2) other Law Offices and four (4) other Title Insurance Companies. WHEREFORE, Plaintiff claims damages from Defendant in an amount in excess of Eight Thousand Dollars ($8,000.00) plus interests, costs and any other appropriate damages. COUNT II - FRAUD 16. Plaintiff adopts by reference paragraphs 1-15. 17. On October 25, 2004, an agent of Defendant misrepresented that Plaintiff would be the only Law Office and Title Insurance Company advertised on the folder. 18. The representation was material as it was a special instruction written into the contract. See Exhibit A. 19. Jonathan Garayt and Paul were both agents of Defendant at the time the contract between Plaintiff and Defendant was entered into. 20. Jonathan Garayt and/or Paul knew or should have known that exclusivity could not be given to Plaintiff for Title Insurance, as exclusivity in the same line of business was contracted for just four (4) days prior with Liberty Land Transfer, Inc. See Exhibit A and Exhibit B. 21. Jonathan Garayt and/or Paul knew or should have known that exclusivity would not be given to Plaintiff for legal services, as exclusivity in the same line of business was also promised to Miller Lipsitt, LLC. 22. It is believed and therefore averred that the misrepresentation of exclusivity was made to induce Plaintiff into contracting for the advertisement resulting in a financial gain to both the Defendant and/or its agent. 23. Plaintiff justifiably relied on Defendant's promise to provide exclusivity as contracted as Plaintiff paid the contract price. 24. As the proximate result of the misrepresentation Plaintiffs advertisement was published in a folder with other competitors, which is believed and therefore averred to have resulted in client splitting and less profit then had exclusivity actually been provided. WHEREFORE, Plaintiff claims damages from Defendant in an amount in excess of Eight Thousand Dollars ($8,000.00) plus interests, costs and any other appropriate damages Respectfully submitted, 9 ??7 OFFI F PETER RUSSO, P.C. Attorneys f laintiff Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 iza eth J. Saylor, Esquire ID No. 200139 3800 Market Street Camp Hill, PA 17011 Telephone: 717-591-1755 Facsimile: 717-591-1756 EXHIBIT A .i.?.ty?..+.?u.`?.Ff'.wM+.wM"'.-4S:ss.T,'w1^e:>M Y"uY .. -I?<` !.. r.. .... w,wyi. J- e c. •.1? ?-.. r. ry.....?:lY.ll^ bx`?"Ni..... _ nvv?.31?•. h .rA w d o,? * r Y?, °i 1 ,? InvOICd N6' j ? r ? ? r Y5 4) 6? i-131$ I t ICfty?1Nf?1..L s N aqr 3 71 r? a xwza a r t7 m_ Company Name E - Telephone: ( f p Fax.;'( Address: mod /?! T"T l pp ?1 V City: t ??- - State/P'rovihce: r ii s' F?©sta) Cotle By the present contract, NatitinaFGraphics a;gPees to' print and d?Iiv tj to: x,000 frf 1 dF THI5 F066 R f, the merchant, agree to purchase- 0 Single ? Double : ? Triple ? QuadrupleBLFaa ?7 1fZ Page f?rllnpae TKe`custotnerhe-reby,dedares to. be a merchant ahd wishes.taobtain ttie present}pvr y tt y 4' ' °' g his? dwtlElDusi ?` r h • The responsibility of Nationals6Caphus 11:70mited'6niy to:the,value of t4iis co?tr _ G ot;de6rered"tSulVr and void the memhant`caR only dernancl by right of da'ma a Peres t era ^c " ce This present tblitia t t6 si nedfiEgl? ?tuTes7 nt a t eme? f r$t 4ir h Eis?t? l ?µ terminated bvif}`hrolr ahd; Netio(i0f GiApfics being faittess* pr6dfs c 4 ail monies will be??efunded t% 8 r, s? µ i 1 +The?finalx?t??,w?f?dp,?i??ec?a?rd,?€?elivered?ir Th2?ade --fserv?i([ incjyf anp?ctra 41??r?t f?5 QO forra?rnpistra4iveis ?` Excluswity a?'? ? or 13eat?o? bf tt?ie ad; wili only?fie' hdhoFe'?d7t?y 1?`?tio?iak??k { ; ? 1 "?, ' National'Grapfii?cs repr'e`?'entati?e;,Ver•ESahagreerrients br'ctsitdrtiohs?not irYEIU'??`cf i g'eWi ii v Marketing Agent: Represeiftative., This CdntraCt is subject to approvatby National Graphics:: sPEC1,4L IN.sTRUCT10N5:' _- Ainou?tt S f U 0 d . 4 Chet'ue Amount Cbec ue Date Artworks . f Cheque Amount: Cheque`Date v? n fi si?bI ?, ;s 1a °? --iisAa?rst A,C? create o b f --r.--.," Gl?que oult d ' Ef Cheate" hloui5t' . 6,A "}fi cIu Cheque Date k , t - N0;'T F RE ?1tR 1 f z5 x M '' "AffrAmw1mmw 1 ?r s w> `' ,' ?;? PROF RfQ?IR?ED . EXHIBIT B :14 National Graphics A Division of 3510000 Canada inc. 9216 Boivin Street, LaSalle, Quebec 1-1811 2E7 Tel.: (314) 367-1025 - Talc (514) 367-1318 E-mail, info®natgraph.ca ?Invoice No, C- i Ltl L f ( _ Offie : %PA S`4LU A N (A Cityfrl wn: C N+ P l t f G L. Company Name: L N- < LAQD TF-2-A W S Frc'1? -R,)C- Fax: ( ) ?3- L/ Telephone: 1 -4 ) 1 ` t-5 Address: Hadoy T?)NDLF. RD Sul Te City: CAM-2 H I L.L- State/Provincr }A Zfp/Postal Code: 1-4 4 By the present contract, National Graphics agrees to print and deliver to: E -A i T ?GALT?-/ 3000 COPIES OF THIS FOLDER 1, the merchant,'agree to purchase- 0 Single Q Double YTriple ? Quadruple ? B/C Flap CI 1/2 Paige Q Full page • The customer hereby dedares to 1, a merchant and wishes to obtain the present pubkhy for the purpose of promoting his am business. • The ==of=al CvapMa is limioad only to the value of this conttatb sltouid this cormact be cancelled and / or declared null and only by right of darnagednusm the amount indicated on the presant aorrtrscL • This present contract; once signed, cwddtutes the entire agreement between both parties and is binding to both. Should the contract be terminated with the broker, and Nodond Graphhio being fauttkA preoh regarding their ad wM not be submitted to the merchant, however all monies will be refunded. • The final product will be primed and delivered in approximately 8 to 12 weeks after completion of the sales period of this frodla. • The advertiser will Incur an extra charge of 525,00 for admk*tndW fees for any cheque returned by a financial institution. • Exclusivity and / or location of the ad will only be honored by Nedionel Graphics if specifically indicated in writing on this signed contract a National t iraphio representative. Verbal agrearnents or conditions not dxluded in wri IM vA not be recognized or accepted by National Graphics. Mari od" Aq*Iat PAL) L pp re; ?O A•)x-r" A*j This eonVad $ subject to approve! by National (imphim SPED" ptfSTR't/aI00:_,7 3 L{6 Ag S or ?1?vE ? sly r . --0- WI LL- % ?:.?CLJ SV-it: :5c-,,e A PCT- "M ............... SV00.00 Artwork: ........ $ sub_IRWUL . .......... s wo • U? GST (it applicable) .. S No. 872055/62 RT Psr (if appmeabie) ..?.. s No.1021642696 T00001 M shoo, coo NAME (Print) _ Signature X Date: v?Ll 16IDI Cheque Amount (C.'G . G o Cheque Amount: ?l?o • G O Chagre Amount: (?a? • OU Cheque Amount: 160 . U b U Cheque Amount: 1 (00' V CLLEQ cheque Date 1?- a Cheque Date ?G Li t.F"uft D..pwaS Gh i Chegw bata?' ??, S U '?' } Cheque Date ?C-j C'5 G?y NO PROOF REQUIRED [::9-W0-OF REQUIRED Please note: VISA and MAsmCARD relay duvv a conversion fee. EXHIBIT C s ?J ExIT ,r J 9 .M' h'r1r'?y C 920 Linda:' `. Camp Hill, P (717) 99$ Fax: (717)`.92 Website: www.ExitHc E-mail: info@ExitI3c BIP Blechler & Tillery INCORPORATED 2843 N. Front Street, Harrisburg, PA 17110 PH 717 221.1004 FAx 717 221-1005 !0(718 rns/xx:tiona A Raabn A NW Testing Tamura f Wafer A RM Mspect a S Hud 203K Accu8mac Mortgage A n;l•;a»„?r Y»Ii,w,d riic•,llnngdp•rn. 3820 Market Street • Camp Hill, PA 17011 Joe LuW LOAN PRODUCTION MANAGER Office (Toil Free) (Will 251.2057 Online Free Pre-AWmis Pager B Wnla ds (717) 329.5187 Purchox Emath laelehk$eel.mm ww -tila8es.pa.net LIBERTY LAND TRANSFER, INC. TITLE INSURANCE AGENTS Y ... " ........... e 4660 Trindle Road - Suite 103 Camp Hill, PA 17011 www.l iberrylandtninsfer. cunt 717-975-9915 Fax 717-763.7460 Toll Free 1-866-216-9999 e-mail: hkeller@libertylandtransfeccoin Our staff, with over 60 years of experience, is committed to providing excellent service in guiding you through the settlement process. HOLLY F. KELLER President LuAnn T. Bird CPCU Exclusive Agent Allslete Insurance Company 4502 Derry SL Harrisburg, PA 17111 Phone 717.558.0588 Fax 71755110082 Email luanntbird@alistete.com ?A AM=. fine lapeed h ds, .: WALTER HARGRAVES, JR. Agent 102 S Market Street Mechanicsburg, PA 17055 OB.: (7117 786-8983 Fax: (717) 697-5385 1 M 1%f?r I.iN D feRVlq STATE FARM 8e3UFIANCE COMPANIES NoMEOFI?F& ecooaawnxt atauas "Like a good neighbor, State Farm is thsre• REPRESENTING LAWYERS TITLE INSURANCL CORP. AND 9TEWART TITLE GUARANTY CO. ROBERT P. Kum, EsQ. REAL ESTATE - TITLE INSURANCE BUSINESS LAw- WILLS & EsTA'm HOMETOWNE SETTLEMENT SERVICES Complete Settlement and Title Services Residential and Commercial Transactions 714 BRIDGE STREET, New CuMeERLAND, PA 17070 (717) 770-2540 • FAX (717) 770-2353 WWw.KLINELAWOFFICE.COM mnftct GLENDA M. WETHINGTON ("?) ?61-070 Fax(717)761-3830 A'.-'# b? *W,. ACA Y,- 3414 Chestnut Street Camp Hill PA 17011 %ara.»I? ,».x,Y,NtIrallRyr,. ACA Mortgage , wagtl rnn,pY,Y•. raYdM n, clw•A aYr M»t1Yw.rtrlwY..Y1 MNril+•L 1»"N •YN.YaIr•1. °" AfA llallra"e I1,wanlK, alxla•/tdl'/IY• email: tricounty®oncmain.com • PYU [Y"r"/,Iw • I%».•apyieAY...a IA%Y/t e%a • wla»,ri»%/1 rLw,y %.,ANiel"YIrtl14,11/IIIat11% % NA Agk N LrM"RYY Y w11Y1NINrY+YrftYnlat7?•"t AY YY " A LLeI tYr tY 111191.9 nn wNA lltlMple?Mk rxlln IfIR Tl,e (%149 1,IV b111Y,%"a1„prlpl+t {NA.b M4n1r 1N iYM tlr%1R' Y. !aaw /tAtf IAI. Tyrone Isaac I Y d N k C b Tah (717) 785-7681 w r 1Y,» I \ r w M.YeIMMVr I l %I w .- l rAp.YrYAYq•IMhId»dweYYM ti Faw (717) 763-1897 INfY1ANlf Whrya 1" 1111»7 ' _?•ry'.e_, PA 309 South 3M 9t.M1 N'Ya."il)tl11 ,aJ"I T w" - "Customer Satisfaction" AC "Discounts and Affordable Rates" ACA MoHefrlc. ?, Ixn+ YAuu.vr,,p,• I,AtaYgr•. r;m•. • HOnnownwr In ua ance • Health and Disability • UN *" Annuniea • Auto t 920 Linda Lane, Camp Hill, PA 17011 (717) 909-EXIT Fax: (717) 920-6403 Website: www.ExitHomeFinder.com • E-mail: info@ExitHomeFinder.com National Association of Certified Home Inspectors n?l The best home inspectors in the world. www.inspectorseek.com JANUARY 8 Y T W T R S FEBRUARY 6 M T W T F 8 MARCH S Y T W T F S APRIL S Y T W T F 8 MAY 8 M T W T F 8 JUNE B'M T W T F S 1 2 3 4 5 6 7 8 1 2 130 141 8 6 7 6 1 10 11 12 1 2 3 4 5 8 7 6 9 10 11 12 1 2 3 4 5 6 7 8 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 2 3 4 & 6 7 6 6 10 11 16110 7 18162021 22 20214 1 252324252! 20212212'61242525 171811252114 '1256216 3 22232425282796 1020214 1 INee 217 425 23 24 25 2266 27 20 29 27 28 27 28 28 30 31 24 25 26 27 28 2268 30 P8 30 31 26 27 28 28 3D • 20 91 • JULY 8 M T W T F 8 AUGUST 8 M T W T F 8 SEPTEMBER S Y T W T F S OCTOBER 8 M T W T F 8 NOVEMBER 8 M T W T F 8 DECEMBER 8 M T W T F 8 1 2 67 6 9 9 4 5 1 2 3 4 5 6 10 11 12 13 7 8 9 1 2 3 4 5 6 7 6 9 10 1 2 3 4 5 6 7 3 1 2 3 4 5 6 7 8 9 1011 12 1 2 3 t0 4 6 6 7 6 It 11 171E 1814 15 IS 23 22 21 23 21 2529 ZA 21 19 20 528 27 10192521 15 1222;24 1817161925214 1'256 213 14 15 021 @ 25912525 20 212325 9 2 18 /0 2013 9° 20 30 28 4 26 2e 27 28 29 30 31 M 26 27 26 20 30 20 24 25 25 27 28 2P 27 28 28 30 9 25 26 26 2 30 31 i 2 31 JANUARY 8 M T W T F 8 FEBRUARY 8 M T W T F 8 MARC" 5 M T W T F 8 APRIL 8 M T W T F 8 MAY 8 M T W T F 8 JUNE 8 M T W T F 8 1 P 3 4 6 6 7 6 9 10 It 12 13 14 1 2 3 4 5 6 7 6 9 10 11 1 2 3 4 5 6 7 8 0 t0 11 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 6 6 1 6 0 10 • 16161716192021 12131416161716 19202122232426 12131415161716 10202122232425 9 16 It 1213 U 16 a 14151617181920 24 PS 2627 21 22 1112131416 i617 1810202129 23 24 22232425 262723 20 30 31 26 27 26 28 27 28 29 30 31 23 24 25 26 27 26 20 25 28 N 31 25 M 27 29 21 30 • 30 JULY S M T W T F S AUGUST 8 M T W T F 8 SEPTEMBER 9 M T W T F 8 OCTOBER 8 M T W T F 8 NOVEMBER S Y T W T F S DECEMBER 8 M T W T F 8 1 2 3 4 5 6 7 6 1 2 3 4 6 6 7 6 9 10 11 12 1 2 3 4 5 6 7 6 0 1 2 3 4 5 6 7 5 9 10 11 12 13 14 1 2 3 4 5 6 7 6 9 10 11 1 2 3 4 5 6 7 6 9 9 10 11 12 13 14 1 I6 17 16 10 20 21 25 13 14 15 16 17 18 Q 20 21 22 L9 24 25 26 10 11 12 13 11 16 16 17 16 19 20 21 22 23 IS 16 17 16 19 20 21 22 23 24 25 26 27 28 12 13 14 16 1S 17 /8 10 20 21 22 23 24 25 10 11 12 13 14 15 U 17 18 19 20 91 22 23 24 25 28 27 20 29 2 27 2S 211 30 31 24 26 28 27 28 29 30 29 30 31 26 27 26 29 30 24 25 IS 27 20 20 30 1 31 0 JANUARY S M T W T F S FEBRUARY S M T W T F S MARCH 6 M T W T F S APRIL 8 M T W T F 8 MAY 9 M T W T F 8 JUNE S M T W T F B 1 2 3 4 5 6 7 5 9 10 11 12 13 1 2 3 4 5 6 7 6 9 t0 1 23 4 5 6 7 6 0 10 1 2 3 4 8 6 7 8 9 10 11 12 1 14 25 1 2 3 4 3 6 7 6 9 /0 " 12 1 2 3 4 5 5 7 8 9 14 15 16 17 18 19 20 21 22 23 24 26 29 27 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 11 12 13 14 16 16 17 18 19 20 21 22 0 24 15 16 17 10 19 21 22 23 24 25 M 27 28 19 14 16 10 17 18 19 25 21 22 23 24 25 25 10 11 12 13 14 15 16 17 16 18 20 21 22 23 • 26 29 30 31 25 28 27 n 25 25 27 20 29 30 31 29 30 21 26 20 30 W 24 25 26 27 M n 30 • JULY S Y T W T F S AUGUST S M T W T F B SEPTEMBER S M T W T F• OCTOBER 0 M T W T F 8 NOVEMBER S Y T W T F S DECEMBER 8 M T W T F 8 1 2 3 4 5 6 7 S 9 f0 11 12 13 14 1 2 3 4 5 0 7 6 9 10 11 1 2 3 4 S 0 7 8 1 9 3 4 6 8 7 It 9 10 11 12 13 1 2 3 4 5 6 7 9 9 10 1 2 3 4 5 8 7 6 15 18 17 18 19 20 21 22 23 24 26 28 27 28 12 13 14 16 16 17 18 10 20 21 22 23 24 26 9 10 11 12 13 14 15 16 17 18 19 20 21 22 14 15 16 17 18 19 20 21 n 23 24 25 20 27 11 12 13 14 16 16 17 16 19 20 21 22 23 24 0 10 11 12 13 14 15 16 17 16 19 20 21 22 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 30 2B 21 30 31 25 26 27 21 29 30 23 244 25 26 27 20 29 30 AMORTIZATION CHART MONTHLY PAYMENT PER $1,000.00 OF MORTGAGE Rote of LENGTH OF MORTGAGE 30 3 5 10 15 20 25 30 ] Rde LENGTH O MORTGAGE of 3 5 10 1 15 20 25 30 Intere9t Years Years 'Years Years Yea- Years Years Interest Years Years Years Years Years Yeas Years 3.00 % $29:08 $17.97 $ 9.65 $ 6.90 $ 5.54 $ 4.74 $ 4.22 7.25% 30.94 19.87 11.68 9.07 7.84 7.16 6.82 3.25% 29.19 18.08 9.77 7.02 5.67 4.87 4.35 7.50% 31.06 19.99 11.82 9.21 7.99 7.32 6.99 3.50% 29.111 -1R.19 9.88 7.14 5.79 5.00 4.49 7.75% 31.16 20.10 11.94 9.34 8.13 7.47 7.16 3.750/, ^ ^? 7.26 5.97 5.13 4.63 8,00% 31.28 20.22 12.07 9.49 8.29 7.64 7.34 e ^^ i.27 4.77 8.25% 31.39 20.33 12.20 9.63 8.44 7.80 7.51 40 4.92 8.50% 31.50 20.45 12.33 9.77 8.59 7.96 7.69 n7 8.75% 31.62 20.57 12.45 9.91 8.74 8.12 7.87 Abstract Land Associates, Inc. Title Insurance Agency C. Wayne Keech - Prewident establi.Jtrd tiina 1974 TRA P ) '? SOCIA` T-'- ES. G(717) 763-1450 Fax(717)763-1664 o 2157 Market Street, Camp Hill, Pennsylvania 17011 (866) 440-6400,717-763-5600 (Facsimile) Real estate title insurance protects your new investment and gives you as the property owner the peace of mind that you are getting what you pay for. Real property title insurance is in ed after we as the title company have performed a thorough title search verifying that the deed, ease- ments, liens, encumbrances and other property details are in order and the property Is free and cleat. Title Insurance Is advisable in all real estate property transfers and can protect your Investment. Handling residential and commercial transactions of all sizes throughout Pennsylvania. r t s A MILLER LIPSIIT LLC 2157 Market street ` i Camp Hill, PA 17011 717-737-6400 Fax: 717-737-5355 Travel the Great Road to your largest investment • FREE CONTINENTAL BREAKFAST & LOCAL CALLS • EXERCISE ROOM • GUEST LAUNDRY • HBO • CABLE • REFRIGERATOR & IRON Inn AND,.B.OARD BY CHOICE HOiELe • COFFEE MAKER WEST • HIGH-SPEED INTERNET 790-0924 FAX 691-9385 6325 Carlisle Pike (US 11) Mechanicsburg, PA 17050 RESERVATIONS 1-800-490-2374 Q ?tM tart e q ? ? N w 1a rrar taarra s CLOSE TO HARRISBURG (5) CARLISLE (6) HERSHEY (19) BROADVIEW G TGAGE COMPANY The Home Loan Experts • Meet With Us To Discuss Your Need s .IONC? A. Jim PE • Preapprovals Gladly Given Pr vice - Low 1st time Buyer Rates • 1036A Conventional Purchase Loans • No Morley Down Veteran Loan & FHA • Rehab Loans (2031) & Investor Loans Apply online right now, Slate H81 &x1new Center Call 24 Hours: (717) 731.1001 3913 HarU&* Drivel Suite 1304 (800) 759.7334 Crap NO, Peralepbenie 17011 In (1171731.1081 em8: IOIn hone (7171533.0433 ,(SURNY? ??? ' k% " 0 perform financial miracles All credit types welcome! We specialize in. purchase (no money dowal) refinance (may save thousandel) construction (no Income proof required) commercial (high loan amounts with low rates) -If employed programs Anpl J. Antle investment properties PI'ealdeel WE CLOSE LOANS THAT BANKS TURN AWAY! Local: (717) 691-1884 Toll free. (866) 836.7500 1306 South Market Street, Mechanisbarg, PA 17055 www.guardianangelmortgage.com OPFN UN77L 7.00 pm Mon-7hurs for your convenience FRIDAY until &00 pm • Licensed by the PA Deparbaent of Banklaa • suva ler of Me Alallans/ Awnelatlan sf NarEpfe Broken • weenher of ale PA Boner Bust"w Bamou NOT JUST ANY HOME will do...some goes for insurance. N'M+I N .nxa•. w, vxv Mxtx.w.n.•n 4txwam.•. n..wl wxa*-+n.l+lxav ixr+N Nk« • a++v 1'+rm yvlY.'flwY I lilwu 4+nn Iwr m•Mmx?llxx, +nrxw,ir•.Nx, en4?' IN.• 1vrir M.?wv kx....ary/ a'+IaMV.,l..aa!NUe ? P+na. l'.IX Iw• av J.?nih. tW 1 M• t\'Mn. 11x1 I.Ntr.' 1111-61• A MAI ..16 AHM 01 S Irr. II HUI PA17p It Sur ?n•re1-asae klmMln rMknnl.IMxl•4alntninrm,am 0.3 0® uw • eiawro Wllml•M. •r•r• rYw u I uua• a....ll.. a.x.m.xx.l IYxn•rIW w..... Portions of this folder contain information about our co-sponsors, professionals and businesses invited to participate because of their fine reputation and standing in the eannnunity. We encourage yon to consider their services. However, we cannot assume any responsibility for their goods or sendees rendered 'jZotea Chelsea Settlement Services, Inc. Superior Service... Don't Settle For Less! Are you using Central Pennsylvania's #1 Title Insurance Company?, Thousands of Satisfied Clients Can't Be Wrong ... If You're Not Using Chelsea, Ask Your Real Estate Agent Wily! Chelsea Provides: We Don't Have Profit Sharing Relationships With Your Lender or Real Estate Agent So Our Focus is Protecting Your Interest In Your Property! We Can Hold Settlement Whenever You Want and Wherever You Want! Our Staff of In-house Attorneys Can Handle All of Your Legal Needs! Statewide Coverage Including MD, VA, DE, OH, NJ & FL With Offices In Camp Hill, Pittsburgh & Bel Air Remember... Superior Service... Don't Settle For Less! Chelsea Settlement Services, Inc. The Chelsea Building 3800 Market Street Camp Hill, PA 17011 Phone: (717) 731-9700 Toll Free: (877) 731-9700 Fax: (717) 732-7282 Toll Free Fax:(877) 731-7282 Email: Settle@chelseasettlementcorn As ranked by The Central Penn Business Journal for 2003 xs ? PRODUM ar National Graphics A DWI= of 1510000 Canada W- Tei (514) 367-1025 • Fax: (514) 367.1318 Toll Free: 1488.922-1028 E-maih infoonstgraph.ce 9216 Boivln Street LaSalle. Qu6bec H8R 2E7 PRINTED IN CANADA s VERIFICATION I, Jami E. Braafhart, verify that the statements made in the fore going document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unworn falsification to authorities. i // a iE.B rt Presiden of helsea Settlement Service, Inc. Date: 9i /& /0 7-- CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Plaintiffs Amended Complaint, upon the following person, in the manner indicated: U.S. Mail Manson Deardorff Williams & Otto Christopher E. Rice, Esquire 10 East High Strwt Carlisle, PA 17013 DATE: Elizabe J. Say r, Esquire fro C:S CJ ? ? N CHELSEA SETTLEMENT SERVICES, INC., Plaintiff V. NATIONAL GRAPHIC'S, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2037 CIVIL 2006 -- J. Wesley Oler, Jr., Judge RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 8, 000.00 The counterclaim of the defendant in the action is The following; attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Peter J. Russo, Esquire and Elizabeth J. Saylor, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSON) LAW OFFICES By: _ Christopher E. Rice, Esquire ORDER OF COURT AND NOW, petition, _ Esq., and captioned action (or actions) as prayed for. 200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ? qy V W ?r r? n r n r C7) ?} 14 F: \FILESUients\ 12053\ 12053.1. ans2 Created: 611106 10A2AM Revised: 9127107 8:23AM Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Defendant CHELSEA SETTLEMENT SERVICES, INC., Plaintiff v NATIONAL GRAPHICS, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2037 CIVIL ACTION TRIAL BY JURY DEMANDED DEFENDANT'S ANSWER TO AMENDED COMPLAINT. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Jonathan Garayt was a representative of Defendant and sold advertisement space in a folder, but the rest is denied as the document speaks for itself. 5. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of the averment and the same is therefore denied and strict proof demanded. 6. Denied. The document speaks for itself. 7. Denied. The document speaks for itself. 8. Denied. The document speaks for itself. 9. Denied. The document speaks for itself. 10. Denied. The document speaks for itself. 11. Denied. The document speaks for itself. COUNT I - BREACH OF CONTRACT 12. Defendants Answers to Paragraphs 1-11 are incorporated herein by reference. 13. Denied. The document speaks for itself. 14. Denied. The document speaks for itself. 15. Denied. The document speaks for itself. WHEREFORE, Defendant demands that Plaintiff's action is dismissed with prejudice and request costs of suit and interest. COUNT II - FRAUD 16. Paragraphs 1-15 are incorporated herein by reference. 17. Denied as a conclusion of law. 18. Denied as a conclusion of law. 19. Denied as a conclusion of law. By way of further response, denied to the extent that the paragraph does not identify who "Paul" is. 20. Denied as a conclusion of law. By way of further response, denied to the extent that the paragraph does not identify who "Paul " is. 21. Denied as a conclusion of law. By way of further response, denied to the extent that the paragraph does not identify who "Paul " is. 22. Denied as a conclusion of law. 23. Denied as a conclusion of law. 24. Denied as a conclusion of law. Strict proof is demanded at trial. WHEREFORE, Defendant demands that Plaintiff's action is dismissed with prejudice and request costs of suit and interest. MARTSON LAW OFFICES By ? Christopher E. Rice I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: q10 -2/0 Attorneys for Defendant VERIFICATION Christopher E. Rice, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Defendant, National Graphics, in the within action, certifies that the statements made in the foregoing Answer to Amended Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. . . CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Answer was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Elizabeth J. Saylor LAW OFFICE OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Attorneys for Plaintiff MARTSON LAW OFFICES By s IL Christopher E. Rice 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9/? //p7 -TI IM F= CHELSEA SETTLEMENT SERVICES, INC., Plaintiff V. NATIONAL GRAPHICS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2037 CIVIL 2006 J. Wesley Oler, Jr., Judge RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Christopher E. Rice, Esquire counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 8, 000.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Peter J. Russo, Esquire and Elizabeth J. Saylor, Esquire VIHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, MARTSON LAW OFFICES By : Christopher E. Rice, Esquire ORDER OF COURT petition, , Esq., and actions) as prayed for. , in consideration of the fo going 200_ 7 Esq., and _ Esq., are appointed bi tors in the above EDGAR B. BAYLEY LUCL Q ra 4ON 'Y W A A-- 4 4 v n 04 r --s LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff V. CIVIL ACTION NO. 06-2037 TRIAL BY JURY DEMANDED CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of a Notice for National Graphics Defendant Taking Deposition on Oral Examination upon the person(s) and in the manner indicated below: Certified Mail, Return Receipt Requested and Addressed as follows: Christopher E. Rice, Esquire Martson Deardorrf Williams and Otto 10 East High Street Carlisle, PA 17013 By: Ashley ipe, Paraieg I Date: 11 i?' r LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff V. National Graphics Defendant ¦ complete items 1, 2, and 3. Also complete item 4 R Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: 105-. 1-?1C,- ACTION CIVIL NO. 06-2037 TRIAL BY JURY DEMANDED A. Signature X Wit„ f?9." g, ( rated Name) C. T4al c t D. Is Very address "f PAnt from item , I (YES, enter delivery address below: O No 3. Service Type 1pftertifled Mall E3 Express Mall 0 Registered -fit Retum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. RestrLted DeBveryT Pft Fee) 0 Yes a• Article Number (rrmsfer ran servks bw 7006 0810 0006 1052 7265 Ps Form 3811, February 2004 Dornestlc Rearm Receipt 102595.0244-1540 `- r t` CD f-f 4 w W - CHELSEA SETTLEMENT SERVICES, COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NATIONAL GRAPHICS, DEFENDANT 06-2037 CIVIL TERM ORDER OF COURT AND NOW, this 459 day of November, 2007, the appointment of Gregory J. Katshir, Esquire, as chairman of the Board of Arbitrators in the above- captioned cases, IS VACATED. David H. Martineau, Esquire, is appointed in his place. ,avid H. Martineau, Esquire Court Administrator sal j5 ' LL = LZ c ?t_ r- CHELSEA SETTLEMENT SERVICES, COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. NATIONAL GRAPHICS, DEFENDANT 06-2037 CIVIL TERM ORDER OF COURT AND NOW, this t day of November, 2007, the appointment of Gregory J. Katshir, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. David H. Martineau, Esquire, is appointed in his place. By the Co? Edgar B. ayley, J. ? David H. Martineau, Esquire 1 Robert Saidis, Esquire Chairman Court Administrator sal p 0'e ? u I a? I oa? cn Col> ? a v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Chelsea Settlement Services, Inc. Plaintiff V. National Graphics Defendant CIVIL ACTION NO. 06-2037 TRIAL BY JURY DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark the above-captioned action, including any and all claims and counterclaims asserted therein, as settled, discontinued and ended with prejudice. MARTSON LAW OFFICES By PY?-t S G/C- Christopher E. Rice (ID No. 90916) 10 East High Street Carlisle, PA 17013 Tel: (717) 243-3341 Attorneys for Defendant National Graphics LAW OFFICES OF PETER J. RUSSO, P.C. Y Elizabet J. Saylor (ID No. 200139) 3800 Market Street Camp Hill, PA 17011 Tel: (717) 591-1755 Attorneys for Plaintiff Chelsea Settlement Services, Inc. ?r ? c" ? .? ' ? ?, ?'. ?; fir _?, , s? ?. , ; % l {'F'1 ' ' ? , ?? s . r ?..,.q