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Home My WebLink About94-03107 it I,"'- '-./\ ~ ':J- .. \ -~" ~~ , <rI - 1:.00 ~ """ " ~ en ~\ . . .' "'t.. -- (:) ';:) ~ ~ ;'''rr In <J -~ \) '-> ':.J. N . It) , . <:::J ~ ::J- eT") ~~ --' .~ .., (i] ~--) ~ ~~ ~i .,. 8 . ~~ 3 ~8 es 8~ .... ~~ ~ Pgo ...1 z~ .~ ....tl ~b . u ;.-. H . It H ~ 3 .p- I>: ~ ~ ~ i:; ~!;;: lS!~ :;!~ tJel [ij .. a l:) ;.-. ~ ~ . :> '" !a ... !;;: 3 e. tl U ll. . ~ :z; ~. ... < . .. '" :. :d~ c of ~ l:J ... z ~ co ..I ~ ~ 0 III ell ~ D: I!! U ~ ~ z ~~~gf8~ ~~zP:ci'" z C !t.' < ~ g ,,'" ~ :.:<",'" p Q .. .. III ~ ~ III co tr.. ~ II: CATHIE TASKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA NO. '/'1 J(U I (',~, I 'f""I' v. STERLING COMMERCIAL REALTV, INC. , I CIVIL ACTION - LAW Defendant COMPLAINT AND NOW comes the Plaintiff, by and through her attorneys, Friedman and Friedman, P.C., and brings this cause of action against the Defendant and avers as follows: 1. The Plaintiff, Cathie Tasker, is an adult individual residing at 775 Dogwood Terrace, Boiling springs, Cumberland county, Pennsylvania 17007. 2. The Defendant, Sterling Commercial Realty, Inc., is a licensed real estate brokerage firm, duly incorporated under the laws of the Commonwealth of Pennsylvania, and validly existing, and has its principal place of business at 3438 Trindle Rd., Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Cathie Tasker was an employee and licensed real estate agent employed by an agent for Defendant corporation. 4. During the end of 1992 and the beginning of 1993, Defendant failed to make payments on account of wages earned by Plaintiff, and also failed to make payment of certain commissions owed, as a result of which the parties entered into negotiations through respective counsel, to wit, John J. McNally, III, Esquire, for Defendant, and Richard S. Friedman, Esquire, for Plaintiff. 5. After considerable negotiation, a proposal was forwarded to counsel for Plaintiff, which proposal is attached hereto, marked Exhibit "A", and incorporated herein by reference. 6. By a fax transmission of May 26, 1993, the proposal submitted by counsel for Defendant was accepted by counsel for Plaintiff. A copy of said fax transmission is attached hereto, marked Exhibit "B", and incorporated herein by reference. 7. Defendant substantially complied with payments called for, except that Defendant failed to pay the final $2,000.00, as a result of which total payments were received by Plaintiff in the amount of $7,643.11. 8. In spite of numerous demands, Defendant has failed to make payments in accordance with the agreement of the parties. WHEREFORE, the Plaintiff requests that judgment be entered in her favor and against the Defendant in the amount of $2,000.00, plus costs and interest from June 23, 1993, and legal fees. Respectfully submitted, P.C. Datel IAli ard S. Fr edman, Esqu re 600 N. Second street penthouse suite P. O. Box 984 Harrisburg, PA 17108 (717) 236-8000 I ~J!' - - \.. \ :1 I 'i" 1 . p.t ~' '\1 -- , j'.} , ~ ,.,,'j \: ' i~,;i l:;r" : ~.. ~.~'7. . . ~ f ' J exhibit A , . ... ,-I I 1 LJ I, >'J I ' , oj 1 ;';>11 1 . :~ i I " :j " , I; , , .1 \ j ! .! t It'\. 01':1.'" IllIOl tt!:1 ~.m_1 'OOJ ,) \, . .f . " .. . . , - I l"" . '\~.f!t. - ....\..- .\ exhibit B , .1 \1 ~i , :1 , . i\ \, n\ al"'~J" IlW V!:1 I ...Ull - JUN 23 3 3ll'H '9~ rid, 1,111; I I. '1ItHt~lM1Y CUHlI ill' 01,. ('1:iJHTY ft Ilh'~1;1,',~,j\ . I' " . fl' 1 ",'" .It " " I . , ,. ..-. ."- . ;:~;t(\~:~;;r~,\.,.;}"j)~-~_;\i~;~'~;-:},~_';~-~-h:~~KiJ-:~' '--~::_\':::k{~~{r~.:~~~_t?it,,~{~~,\I't:?- ";:."~~('llr\\;.':~':':;":"; \u"",""",lI.~ "Ilti" '.. ..,. ~;...~;o;,,,,, -' "''1'' ,{ , _ .., .~... _ _ _ _ _ _ ._ _ ..:f';l!,';;, :...,,'_k _~-"V-,f7'.~"t,':._.. . '.~~._''''4_ ,n.d~''',:_'__~'fc':' '.".j~'4".. ~.,..~.."-.....-.._,....,,..,..-_.,,-_._",-- '1.,:.-1 :;~,f "'J;'_\' ;~a' g~ ,:~'_,1:.1 '?;1'm.;_ . l!',;iI hlhlj: , C},",J1J~ ':-:'J,f~ ~5}i}~ , ~'~r.~~j ;~}~~ , C"." -~'~~~~$j \-'~-:;~;1 , .."\~ j\t~~ ,;:,,~, : ,:<iJ.!fi ,.,.r:' ':;~i~ ...if~ "", .,.-", 11~t~~ >:'JJ~*~] . "~~::~b I~i ::~~~~ .. J~~ "\~~ .,i>;! ;\..-~<: , ~;~ :;\:-~fi-~ 'i.lf,'\ . [-~~ti '. iB:~ ifft.X,; ~",li'b "'~'.'."'~:~ '~~ >{;,;- --gijI '-'1,!J~ . JUl 13 I 11('H 19~ (~ ',:1 i,'lil ,t!')'! :M,'- ;.',t,(. ~It r t il'i "1"'- ~ " , , *', ;-". -:, f'~'f , ,.;- ~ , .. .'" . ,,~,>'--+--i'J.--; '" --T"~."" I \.. ~ i I I .1 .' .. . \. '"" ~;i . . J,>.'_...9r'__ ~ CATHIE TASKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA NO. 94-3107 civil Term v. STERLING COMMERCIAL REALTY, INC., CIVIL ACTION - LAW Defendant AMENDED COMPLAINT AND NOW comes the Plaintiff, by and through her attorneys, Friedman and Friedman, P.C., and brings this cause of action against the Defendant and avers as follows: 1. The Plaintiff, cathie Tasker, is an adult individual residing at 775 Dogwood Terrace, Boiling springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, sterling Commercial Realty, Inc., is a licensed real estate brokerage firm, duly incorporated under the laws of the Commonwealth of Pennsylvania, and validly existing, and has its principal place of business at 3438 Trindle Rd., Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Cathie Tasker was an employee and licensed real estate agent employed by an agent for Defendant corporation. 4. During the end of 1992 and the beginning of 1993, a dispute arose between the Plaintiff and the Defendant regarding the Defendant's failure to make payments on account of wages earned by Plaintiff, Defendant's failure to make payment of certain commissions owed to the Plaintiff, and Defendant's failure to make payment upon certain loans from the Plaintiff to the Defendant. 5. As a result of the dispute, as referenced above, the parties entered into negotiations through respective counsel, to wit John J. McNally, III, Esquire for Defendant, and Richard s. Friedman, Esquire for Plaintiff, both of whom had authority to deal on behalf of their clients. 6. After considerable negotiation, a meeting was held between the respective counsel and Michael Adler, President and owner of Defendant Sterling Commercial Realty, Inc., at the offices of John J. McNally, III, Esquire, and an offer to settle the above-referenced dispute was made by the Defendant's President and owner, Michael Adler, to the Plaintiff through her attorney, Richard S. Friedman, Esquire, said offer being attached hereto, marked Exhibit "A", and incorporated herein by referenced. 7. By a fax transmission of May 26, 1993, the offer submitted by the Defendant's President and owner, Michael Adler, was accepted by the Plaintiff through her counsel, Richard S. Friedman, Esquire, with the condition that the Defendant withdraw the Unemployment Compensation Appeal previously filed. A copy of said fax transmission is attached hereto, marked Exhibit "B", and incorporated herein by reference. 8. The Defendant did withdraw the Unemployment compensation Appeal previously filed, and an agreement was entered into between the parties to resolve the above-referenced dispute, said agreement being memorialized in the above- referenced Plaintiff's Exhibit "A". A copy of the Defendant's withdrawal of the Unemployment compensation Appeal is attached hereto, marked Exhibit "C", and incorporated herein by reference. 9. The Defendant sUbstantially complied with the payments called for in the agreement offered and accepted, except that Defendant failed to pay the final $2,000.00, as a result of which total payments were received by the Plaintiff in the amount of $7,643.11. 10. The agreement between the parties called for total payment on the part of the Defendant to the Plaintiff in the amount of $9,643.11. 11. In spite of numerous demands, Defendant has failed to make payments in accordance with the agreement of the parties. WHEREFORE, the Plaintiff requests that judgment be entered in her favor and against the Defendant in the amount of $2,000.00, plus costs and interest from June 23, 1993. Respectfully sUbmitted, FRIEg~N AND FRIEDMAN, P.C. /- - Datel~ \,1,)l\~(N e 17108 ! b""...,. "'\~~~~" - ..\~ \ exhibit A ; , ~'f' ,. i ~ i~ i '~ .. , 1%\ OU:U:I.. lIllll1 \I1 ,.. , \, or ' .. ,. . . , ! \r..,,~~l - -.\., \ exhibit B 1 I 1 I i ! " 'i .oj "'~ Ci .,; ! .. I!\ IUtJUIlI IlIAI "l:1 ........ \ I . .. .~ , If . . , .. - "-",C. ~'- .'~ -Y',- . .,:':. ',:,""" - -"'\... 81' -'. ". L. 'j ,-- ExhibIt C . ~ (!) ll.".~l. "WI '.W,"_IO'H .4 . ." , .. .. -' .M.a~5~8-9100\.l~:58AIol FROM ST~I"NG :EALTY t . v..toiT.~1I bIG~LnjG' dA1.TI " ' +- :.,:JlStdWg. , FU!lA ( , " , I , , , ,I . . " " ~ \ "(f\l\~ ~~, \~I1~' . ',' . 0' I II >:"',...,;::"jb: \:~,'" 0' l..~~l. ~ ":r::i.U~IIr.'1'lQ.~\, ' I', ,I . ',.' ;"~'.:,,~M: ~1.1~'~;'~~ Gr..l!.x' ,.:r,.Ir.. ,,' '(i:!:.\;',",:~":' 1;. M\t.~t'I. ~14i&. I ?t&<"I., ' , ;'1.,11:.', " ,; , ';:!t:' '(~~,' G, \,.....U~I 0-""'IM^,~'i' (--s-c.. ~VMG~.c. ~~~~ : , c.~~*' 14,~4~;'" 1\ ~~) , 1 , " ' , I , . , , " I,' ,I , il,' , , I ' t ,t I' 'I' I" .. " , ' , " , ' \)~ ~~I e!'. ) , ' " ,', , U:-3'71"1 (2.cl~~'b TO l1"\t:. ~pr:..(>c,- OF" Sre-R:.LIN:($ ~l.:r<j ~""'~~ '~ '1'1+ .. Aeo~ ~~~ (T'l^~. ~I"l/'t'\~, Ie. Hf:ol!.~l..t" ~1'1"1'I'J),t"""~~ t,.J'I"'~' .' . I I to J' I ,I , ~~l,lb\t.e, ~'&'I..INt;:) ~otf\.""T"'\ (...n.t,,;(> :I;.I't'..:, ~I\..~' 01>>" O,,~.s,<< 'THt: , , ' , Cl"" "'I\-~1"S' A#LI~M.~ ~ ON~l'l..ol,,' mlf:"''''''' Cnm I'I! ~bA."o,J , . bA160 , , , .Prr~1 '- ,\ I r"~ ':5 I " ,; , , , ' S I f'l'Eel e,-,,\ L\ Q\JC........ ~,:', -S,' ~~Ml \ '-:s, ((\~'~ A6~ , ' , ' . , . , , , , , , " . . " ,cc.., '::S-d~ "S, (1\...~r'\"'~1 r;.tlCi:l, , 'R\~C ~1~ ft'\(W.i , ,t! b~ ' , .. , " , , , ' " I , ., 0.' I " , . , - , " .. II. ,"'"-... ,."'1t >. ar.. Lr" .. JUt f8 f 17 t'N '9~ 1/ : let '."1 fit ttjN ,11./,\ ':, (;V'qj " I i '01 Y ;",1 \J!, ,.i', . " '. '. -"~"-'""",,,,,,._~,..,..,...,,,;,_,,,.......,,,',;i,,",,,,,<oI-" ........,~~--.".".- "'~_.._-_.._,. . of I I , , , " I I . I - ,J ! . , I . .n,~ , " -' I ..1.,'."#f ~~--~'-- ~--- -,"-~ ,;ji:, "". ",'-',>".-' ' Aun B 10 59 AH '911 "., " UHler Of 111l , ,,,fIiOHCT4hY CUH6Efit,\HO CI)~Hn P[H~SYl VA~'! '-":""-"=4:,B1-_w_",,,'_'ic~~~<4hi~~~"'1;,, ~.. -t'- ,- .. " ~'.. . - , ,I . " fI' '! , A ~,- CATHIE TASKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA NO. 94-3107 civil Term v. STERLING REALTV GROUP, INC., Defendant CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW comes the Plaintiff, by and through her attorneys, Friedman and Friedman, P.C., and brings this cause of action against the Defendant and avers as follows: 1. The Plaintiff, Cathie Tasker, is an adult individual residing at 775 Dogwood Terrace, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant, sterling Realty Group, Inc., is a licensed real estate brokerage firm, duly incorporated under the laws of the Commonwealth of Pennsylvania, and validly existing, and has its principal place of business at 3438 Trindle Rd., Camp Hill, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Cathie Tasker was an employee and licensed real estate agent employed by an agent for Defendant corporation. 4. During the end of 1992 and the beginning of 1993, a dispute arose between the Plaintiff and the Defendant regarding the Defendant's failure to make payments on account of wages earned by Plaintiff, Defendant's failure to make payment of certain commissions owed to the Plaintiff, and Defendant's failure to make payment upon certain loans from the Plaintiff to the Defendant. 5. As a result of the dispute, as reforenced above, the parties entered into negotiations through respective counsel, to wit John J. McNally, III, Esquire for Defendant, and Richard s. Friedman, Esquire for Plaintiff, both of whom had authority to deal on behalf of their clients. 6. After considerable negotiation, a meeting was held between the respective counsel and Michael Adler, President and owner of Defendant Sterling Realty Group, Inc., at the offices of John J. McNally, III, Esquire, and an offer to settle the above- referenced dispute was made by the Defendant's President and owner/ Michael Adler, to the Plaintiff through her attorney, Richard S. Friedman, Esquire, said offer being attached hereto, marked Exhibit "A", and incorporated herein by referenced. 7. By a fax transmission of May 26, 1993, the offer submitted by the Defendant's President and owner, Michael Adler, was accepted by the Plaintiff through her counsel, Richard S. Friedman, Esquire, with the condition that the Defendant withdraw the Unemployment compensation Appeal previouslY filed. A copy of said fax transmission is attached hereto, marked Exhibit "B", and incorporated herein by reference. 8. The Defendant did withdraw the Unemployment compensation Appeal previously filed, and an agreement was entered into between the parties to resolve the above-referenced dispute, said agreement being memorialized in the above- referenced Plaintiff's Exhibit "A". A copy of the Defendant's withdrawal of the Unemployment compensation Appeal is attached hereto, marked Exhibit "C", and incorporated herein by reference. 9. The Defendant substantially complied with the payments called for in the agreement offered and accepted, except that Defendant failed to pay the final $2,000.00, as a result of which total payments were received by the Plaintiff in the amount of $7,643.11. 10. The agreement between the parties called for total payment on the part of the Defendant to the Plaintiff in the amount of $9,643.11. 11. In spite of numerous demands, Defendant has failed to make payments in accordance with the agreement of the parties. WHEREFORE, the Plaintiff requests that judgment be entered in her favor and against the Defendant in the amount of $2,000.00, plus costs and interest from June 23, 1993. Respectfully submitted, Date: au~J 5J I~?l( 17108 kIp - Pleading\tasker.amd ,.,~~ i' ~~~; - \ ". ..... . - exhibit A. " "'-1 -, > ,I I -~ ~ . . i \ i " \ . ~ ann:nll 1I1101 '" f r CADIY.IASKER , I. SalarY She left on the 9th or lOth of April. She will be paid through the 11th. $6,057.66 II. Vacation Davs She had 2 weeks a year. She used all but 4 days. .. $288.46 III. commissions 5 commissions earned $14,567.66 commissions paid 14.717.41 overpayment $ -149.75 IV. Accounts navable $5,446.73 1/20 check #3404 -2.000.00 S3.446.73 $9,643.10 , PAYMENT PL7IN A. Loan less commission overpayment c June 1, 1993 - $1,000.00 July 1, 1993 - $1,000.00 August 1, 1993 - $1,296.98 $3,296.98 B. Salary and vacation' $906.59 every other week beginning 6/11/93 S6.346.13 $9.643.1~ I LlI:;'\'lIli ~ .'~ - '~ \., \ Exhibit B I I \ , __t '.J . . I:r\ OIU~:I" ll\llll '%1 '.........1 I):ll"'" 1ort111 Ii' ) " ".. .. . " ~ ,f .. , , " - .J ~l~ - .... \., exhibit c 1, '~t 't::;', lL+' hi~ ~'>".'~ /,.-.t ~. ! \\ /t\ lIIIJ,)'" "Il<ll . . "... ~ . I UH\W'II ., "'~"~'" "4 t .. . . -' _. .- I' " ,. ;, ". f":' . ,'.' . ~ .,' ,',11.' . ,.1 . I .MA~5~28-~~~:'I0:5&AM FR'OM ST~:lfr :EALrv '% w~tfr.~14 ~:~lfl.lI~G' H~TI "':',/),.. ' +- , ,'. :1" Sltl3rl,Ti1~ , ."',.~tfvW~ . I. I' '. ""...~...:.,.~;.:.;".:.\I'I.t.., iI'" .. . , , I '...J., ,.., I ,.. I " , ' 1." :":",'Ii"":', '. :,: . " ',.' t""':-' i t . , ~. ,": . ~ . . '.., . I, ," POI (,( 'p . 0'2 I V, ReA . . .. " " , ',. ." t t...... . '. ' . .. " " " : , ,I , , , , .. , . " . " , t I .' .. , ., \ . , ',' , , , " " I ~~",;~~~:,~'~, \~,,~" . ',' ,'; t . . " , . ., " . :~..;"~,,:' To ~ ~~P'\" 0" l-~l:l(' ~ ~OUf,i"A.~\: (.~....i ....... . I ('. 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S,,,,c.~e,-,\, l.jQvc..<. ~;'~~l , " " I. " I'I '''S, M,~ A6~' : I I . ' I 0 I . . , , , , . " '0 " I I I I " , , cc." . 'S-~ "S'. (i\c.~""",,~'l>.:, !:::'i)ti), , . '~\~~ ~1~ft\f\,J I' e:b~ 1 I ." ,t .' , . " ' . . " . . . I " , I' , to II '" . . " , . . '. " '.'# . .~. 1 .' ~ . . f' ! , , , , , It' " 1 I" , '. . ' , " " .... ' " , , , , 1f'll~fS ~t~ ~~:. q '~~;,:,:_,_ '1; J':o~'<<\~~:~,~o'_? +__'>~" ~" ' ',~ ': '<.4':"'- ',_, ,:'" - i\;',"," >~:,o:-~- "~~(';:~~ ~~;i::1':_;G~1:~;:~,tti~-::f}:{~r~4,~' ,'IIfU)lJJO~J"l...ftOY " I'fOU8TON,' J-:c. "/ l' ,'(, ";:1'''~ " . ....:;._.i~:;,.,,?;. :;(',i#l CATHIE TASKER, Plaintiff : IN THE COURT OF COMMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA . . . . V :NO. 94-3107 CIVIL TERM . . STERLING COMMERCIAL REALTY, INC. , . . . . Defendant :CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiff, Cathie Tasker, c/o John F. King, Esquire 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 (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 '1'0 YOUR LAWl'ER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ArMINISTRATOR CUmberland County Courthouse Carlisle, PA 17013 (717) 240-6200 agreement. On the contrary, J. Michael Adler, President of Defendant, was involved in a11 negotiations and it was made clear that Mr. Adler had full authority to bind the Defendant to any agreement. 6. Admitted. 7. .' Denied. On the contrary, the letter from Plaintiff's legal counsel was not an acceptance but was a counter-proposal. 8. Admitted in part and denied in part. Admitted that Defendant did withdraw the unemployment compensation appeal. Denied that there was any specific written agreement reached between the parties for a settlement of this dispute. 9. Admitted in part and denied in part. Admitted that Defendant did make a number of payments pursuant to the negotiations between the parties. These payments were made pursuant to Defendant's admitted obligation to the Plaintiff and not pursuant to any type of settlement agreement. There was no written settlement agreement between the parties. Admitted that the Defendant did not pay an additional $2,000.00 which Defendant originally suggested he would pay to Plaintiff, the reason for said non- payment being based upon Plaintiff's fraudulent cashing of a check which Plaintiff had represented to Defendant had been discarded. 10. Admitted that the negotiations between the parties called for a payment of $9,642.11. Denied that there was in fact an agreement consummated. 11. Denied. Defendant has paid all monies that it owes to Plaintiff. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiff's complaint. COUNTERCLAIM 12. The allegations set forth in Paragraphs 1 through 11 set forth above are incorporated herein and by reference thereto. 13. On January 20, 1993, Defendant gave to Plaintiff a check in the amount of $2,000.00 at check * 3397 which check was for a real estate commission owing from Defendant to Plaintiff. 14. On or about January 27, 1993, Plaintiff advised Defendant that check * 3397 did clear the bank and was returned to Plaintiff because of insufficient funds in Defendant's account. 15. On January 27, 1993, Defendant issued to Plaintiff check' 3404 in the amount of $2,000.00 which check was to replace check' 3397. Said check * 3404 was given by Defendant to Plaintiff as a replacement for the check * 3397 with the understanding that the check * 3397 would be voided and discarded. 16. On or about January 28, 1994, Plaintiff resubmitted to the bank Defendant's check * 3397 in the amount of $2,000.00, which check cleared and Plaintiff received money for that commission. 17. Plaintiff left Defendant's employment on or about April 10, 1993. 18. On or about April 26, 1993, Plaintiff then submitted to the bank check . 3404 and said check cleared the bank and Plaintiff again received a $2,000.00 payment for the one commission which was previously paid to Plaintiff pursuant to check * 3397. 19. The settlement negotiations between Plaintiff and Defendant as referenced in Plaintiff's complaint contemplated a credit on monies owing from Defendant to Plaintiff in the amount of $2,000.00 for the real estate commission which was owing to Plaintiff in January of 1993 and which was paid to Plaintiff by original check * 3397 and again by subsequent check * 3304. The terms of the settlement negotiations, as shown on Exhibit "A" of Plaintiff's complaint, referenced check * 3404 and gives credit to Defendant for said payment. 20. Plaintiff's action in submitting check * 3397 after Defendant gave Plaintiff replacement check * 3404 for said check * 3397 and Plaintiff's further action in then depositing check' 3404 constituted fraudulent conduct on the part of the Plaintiff in that the Plaintiff was submitting two checks for the same commission. 21. Plaintiff never disclosed to Defendant that she cashed both checks' 3397 and * 3404 and took $4,000.00 from those two checks when in fact the commission and the intention between Plaintiff and Defendant on the payment for those matters was to be a payment of $2,000.00. 22. Defendant learned of Plaintiff's fraudulent conduct in this matter only after settlement negotiations between the parties and partial payment by Defendant to Plaintiff of monies owing, after which Defendant refused to pay Plaintiff the remaining $2,000.00 owing under said agreement. 4," . ~"., " "'.. ., ' ..,;", "-\~r .: -, ,,-. Ocr II ~) 115 PH Ig~ 'Ji fj\;( i'j, ff,.,;,.1'1',I.[IY (~, ,V( ',ilY . ;;1 ~ ~.':".;':- ; '. ;' ,._c_~"'_,... -'''--r'_.C~ ''-.-', "'."-.'-'.ft ;!~"_';_~_":'~~' -'. .~. . " . , . " " . .. .. II' ...- CATHIE TASKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA v. NO. 94-3107 civil Term STERLING REALTV GROUP, INC., : CIVIL ACTION - LAW Defendant REPLY TO COUNTERCLAIM AND NOW comes the Plaintiff, by and through her attorneys, Friedman and Friedman, P.C., and replies as follows: 12. Paragraphs 1 through 11 of Plaintiff's Amended Complaint are incorporated herein and by reference thereto. 13. It is admitted that the Defendant gave the Plaintiff a check, No. 3397, in the amount of $2,000.00 on or about January 20, 1993. It is denied that the check was for any specific real estate commission owing from Defendant to Plaintiff, and proof thereof is therefore demanded at trial. By . way of further answer, it is averred that on or about the date averred in paragraph 13, the Defendant owed to the Plaintiff monies in excess of $13,000.00, as a result of a combination of back salary, commissions, and loans made by the Plaintiff to the Defendant. 14. It is admitted that Plaintiff was informed by her bank that check no. 3397 was not deposited due to insufficient funds, and Plaintiff so informed the Defendant. All other averments are denied. 15. It is admitted that on or about January 27, 1993, the Defendant issued to the Plaintiff a check, No. 3404, in the amount of $2,000.00. It is denied that check no. 3404 was given by the Defendant to the Plaintiff as a replacement for check no. 3397, with the understanding that check no. 3397 would be voided and discarded, and proof thereof is therefore demanded at trial. By way of further answer, it is averred that on or about January 19, 1993 the Defendant issued to the Plaintiff a check in the amount of $4,000.00, check no. 3394, accompanied with a note signed by Defendant's principal, J. Michael Adler, informing the Plaintiff that she could not cash the' check at that time due to insufficient funds. It is further averred that the Plaintiff marked this check as "void", and the Defendant subsequently issued to the Plaintiff check no. 3397 in the amount of $2,000.00, and check no. 3404 in the amount of $2,000.00. 16. It is denied that on or about January 28, ~ Plaintiff re-submitted to the bank Defendant's check no. 3397 in the amount of $2,000.00, and proof thereof is therefore demanded at trial. By way of further answer, it is averred that on or about January 28, ~, Defendant's check no. 3397 in the amount of $2,000.00 cleared after being re-deposited by Plaintiff's bank in Plaintiff's account. It is specifdcally denied that the Plaintiff received this payment for any specific real estate commission owed from the Defendant to the Plaintiff, and proof thereof is therefore demanded at trial. 17. Admitted. 18. It is admitted that on or about April 26, 1993 the Plaintiff submitted to the bank check no. 3404, in the amount of $2,000.00, which cleared the bank. It is specifically denied that this payment was for any specific commission which had previously been paid to the Plaintiff, pursuant to check no. 3397, and proof thereof is therefore demanded at trial. 19. It is admitted that the terms of the settlement negotiations, as shown on Exhibit "A" of Plaintiff's complaint, referenced check no. 3404, and gives credit to Defendant for said payment in the amount of $2,000.00. It is denied that the settlement negotiations between Plaintiff and Defendant, as referenced in Plaintiff's Complaint, contemplated a credit on monies owing from Defendant to Plaintiff in the amount of $2,000.00 for the real estate commission which was owing to Plaintiff in January of 1993, and which was paid to Plaintiff by original check no. 3397, and again by subsequent check no. 3304, and proof thereof is therefore demanded at trial. By way of further answer, it is averred that the settlement between Plaintiff and Defendant in the amount of $9,643.11 speaks for itself, and was a settlement in full for monies owed by the Defendant to the Plaintiff for back salary, commissions owed, and repayment of loans made by the Plaintiff to the Defendant. 20. It is specifically denied that the Plaintiff performed any fraudulent conduct in depositing check no. 3397 and/or check no. 3404 issued to the Plaintiff by the Defendant, and proof thereof is therefore demanded at trial. It is specifically denied that the Plaintiff submitted two checks for the same commission, and proof thereof is therefore demanded at trial. 21. The averments contained in paragraph 21 of the Defendant's Counterclaim are specifically denied, and proof thereof is therefore demanded at trial. By way of further answer, it is averred that the Plaintiff has not received from Defendant monies in excess of those o~ed to the Plaintiff by the Defendant. By way of further answer, it is averred that during settlement negotiations between the Plaintiff and the Defendant, Defendant's counsel was informed that the Plaintiff had cashed both checks in question, and it is further averred that the Defendant was fully aware of both checks having been cashed. 22. Any and all averments relating to Plaintiff's Rlleged fraudulent conduct are denied, and proof thereof is therefore demanded at trial. After reasonable investigation the Plaintiff is without sufficient information regarding when the Defendant learned of the Plaintiff's alleged conduct, and the averments are therefore denied with p~oof thereof therefore demanded at trial. By way of further answer, it is averred that during settlement negotiations between the Plaintiff and the Defendant, Defendant's counsel was informed that the Plaintiff had cashed both checks in question, and it is further averred that the Defendant was fully aware of both checks having been cashed. 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