Parties! Rare To Well Done

I am in receipt of the complaint submitted 8/27/and which you forwarded on August 31, You have requested that I review the situation and respond.Mr [redacted] sets forth as the basis for his complaint: I made no contact for several weeks; that my employment status changed and that I could no longer meet with them during the day; that I missed two appointments; and that I am only free on weekendsMoreover, he writes that he went to cancel the contract and I am keeping the deposit.There are a series of emails that I have attached that speak to each of these issues and which show the course of dealing between Mr [redacted] and meI highlighted the emails on pages that also included previous emails, simply to limit confusionMr [redacted] is misrepresenting what took place and has failed to recognize that I never terminated our relationship, Mr [redacted] unilaterally terminated itI have also included the contract that governs the parties rights and responsibilities in this relationship.General Background Information about my businessPARTIES Rare To Well Done is a sole proprietorship, engaged in event planningI assist clients with weddings, Bar/Bat Mitzvahs, sweet sixteens - events of all types and sizesFirst meetings are face to face where we spend an hour to an hour and a half discussing the event, what the client envisions the event to have in terms of decor and look, what specific goods and services that I offer, and the client’s aestheticAt the conclusion of that meeting I have a general idea of what the client’s expectation is.Next, I begin to research sources for decor, locations (if necessary), create a look for their party, and gather all the information I need to prepare a proposalAll of these services are provided at no charge.Next, a written proposal is drafted and sent to the client along with a contract for the client’s reviewThere is no charge for the written proposal, eitherIf, upon receipt and review of the proposal and contract, a client chooses to retain my services, they are asked to sign the contract and send it back with a non-refundable deposit of $Upon receipt of the deposit and agreement from theclient, I reserve the date on my calendarAll of these steps occurred with the [redacted] s, complainants in this matter.Factual BackgroundO I was contacted by telephone in June of by Bob and Ellie [redacted] who asked to meet with me to discuss planning their son's B'nai Mitzvah party, to take place November 4, On Tuesday, June 14, 2016, I met the [redacted] s at 6:PM at their home located at Herman Road, Horsham, Pennsylvania On June 27, 2016, I followed that meeting up with a proposal and agreement sent to the [redacted] s by email, attached hereto as Exhibit 1.O When, approximately two weeks later, I did not hear from the [redacted] s, I followedup with them by email dated July 11, 2016, asking if they had any questionsSee email dated 7/11/and attached as Exhibit 2.O Telephone conversations between the [redacted] s and myself took place, during which they said that they wanted to hire me and had forwarded their check on July 29, The check was not received until on or about August 19, 2017, at which time I emailed them to let them know that I had received the depositI further advised that since their event was months away, I would check in with them when we are closer to their party date to finalize plansSee email dated 8/19/and attached as Exhibit 3.O In June, 2017, I spoke with the [redacted] s who wanted to meet againI said that I would be happy to meet with themThey said that they would look at their schedule to find a date and get back to me with dates that they were availableDuring this phone call, I let the [redacted] s know that I was not accepting new parties and that I had returned to my former profession as an attorneyI repeatedly assured them that I intended to complete all parties on my calendar and that I remained available to plan their party and that nothing would changeI advised other party clients of this as well.O On July 29, 2017, Bob [redacted] telephoned me and, by his tone of voice, it was clear that he was disturbedHe said that he decided to go with another party planner since my employment changedAgain, I assured Mr [redacted] that I was still available and able to plan his party and I tried to correct his misconceptionI told him that if he wanted to go with another party planner, that was his decision, but that I was very excited to plan his sons' B'nai Mitzvah and thought we had some great ideasHe asked for a return of his deposit, and I advised him that the terms of our Agreement provide that the deposit is non-refundableOn July 30, I sent an email confirming that telephone conversationSee email dated 7/30/and attached as Exhibit 4.Barbara JB***Ms***September 3, 2016On July 30, 2017, Mr [redacted] emailed me in responseSee email dated 7/30/and attached as Exhibit It was clear that he was not understanding, despite me telling and writing him, that nothing changed and I remained available to plan his party as beforeHe also advised of appointments set up (but does not tell me where)His email was unclear as to whether he was requesting my attendance or notHe writes, “Somehow I doubt you can attend these meetings, or am I wrong” and then writes, “I think it's best for everyone if you just refund & (sic) of the deposit at this point.”I immediately replied to Mr [redacted] , again advising that I remain available to plan his eventI pointed out that other employment I may have is irrelevant, "provided I can be available to you at mutually convenient times and am able to deliver the party that you contracted forI am." (Emphasis added.) I then asked a series of questions so that I could better understand if he wanted me at these meetings, asking for the addresses where the meetings were going to be held, and reminding him that my attendance at these meetings would incur an hourly fee, pursuant to the terms of the contractThat email is attachedSee email dated 7/30/and attached as Exhibit 6.Mr [redacted] replied but his reply did not provide the locations of or reasons for the meetingsThe [redacted] 's 11/event is to take place at The Philadelphia Sports Club, which is where I presumed he meant when he wrote in Exhibit 5, "Aug at am - 2:place”However, he never advised what caterer he was meeting with, nor why he was planning to have me attend a two hour meeting at an unidentified "hotel”In addition, the fact that the meetings had start and end times struck me as odd, since I have never been asked to attend meetings on behalf of a client that included the length of time of the meeting and the end timeNonetheless, I was prepared to attend if he requested it and if he told me where the meetings would take placeSee email dated 7/30/and attached as Exhibit 7.When, by August 2, I received no response from Mr [redacted] , I again wrote to him and asked for his clarification whether he wanted me to attend the meetings or if he terminated meAgain I asked, if he wanted me to attend, to please provide the locations of the meetingsI also asked the reason he wanted to meet with me at an as yet unnamed, hotelSee email dated 8/2/and attached as Exhibit 8.I did not hear from Mr [redacted] until three weeks after the meeting datesHeBarbara JB [redacted] Ms [redacted] September 3, 2016never provided the addresses, did not confirm that he wanted me to attend the meetings, and did not give me a reason for the meetingsOn August 27, 2017, Mr [redacted] finally wrote to me telling me he was “busy and out of town and could not deal with you”See email dated 8/27/and attached as Exhibit 9.O My last communication with Mr [redacted] was on August 27, See emaildated 8/27/and attached as Exhibit 10.Mr [redacted] is not entitled to a return of his deposit pursuant to the terms of the Agreement(1.) Exhibit sets forth the terms of the Agreement between the [redacted] s and PARTIES! Rare To Well DoneThis agreement provides, in pertinent part:“Client agrees to pay a deposit in the amount of $to secure the above dateThis amount is non-refundable should client chose not to proceed with PARTIESRare To Well Done after making this paymentThis deposit will be applied to client's final bill.”A deposit in the amount of $was received by PARTIES! Rare To Well Done on August 18, Thereafter, eleven months later, Mr [redacted] , demanded the return of the deposit, insisting that it was because PARTIES Rare To Well Done and BJ B [redacted] were unable to continue working on his behalfAs is evident by the correspondence between the parties, this is clearly not trueBJ B [redacted] repeatedly advised Mr [redacted] that any other employment has not in any way changed her party planning workShe further advised that she was ready, willing and able to plan his party.(2.) Mr [redacted] claims, in his Complaint, that PARTIES Rare To Well Done and BJ B [redacted] made no contact for sever (sic) weeksAs was explained to Mrand Mrs [redacted] at the initial meeting, and again in the email dated August 19, and attached hereto as Exhibit 3, once a date is secured, the venue chosen, and the party theme determined, no actual work on the event proceeds until a couple of months before the actual dateIn the [redacted] 's case, contact was made in a regular fashion approximately four months before their eventThis is typical of a party such as the one they were planningAt no time did PARTIES! Rare To Well Done and BJ B [redacted] delay in responding to the [redacted] s, rather, all contact was done promptly.It was Mr [redacted] , who failed to respond to PARTIES! Rare To Well Done and BJ B***'s inquiries about the location of the meetings until three weeks after the alleged meeting dates.(3.) Mr [redacted] claims that PARTIES! Rare To Well Done and BJ B [redacted] "could no longerBarbara JB [redacted] Ms [redacted] September 3, 2016meet with us during the day”, however, as is evident by the correspondence between the parties, MsB [redacted] made numerous attempts to meet with Mr [redacted] at the meetings he alleged he madeMr [redacted] refused to provide MsB [redacted] with the address of the meetings, and failed to advise the purpose of the meetingsMr [redacted] also failed to confirm that he wanted MsB [redacted] to attend, also advising her in the same correspondence that he was terminating herHe failed to respond to her request for clarification of the conflicting message sent.(4) Mr [redacted] claims that PARTIES Rare To Well Done and BJ B [redacted] “missed two appointments”, however, he does not provide any information with respect to what two appointments he is referringHe sets forth three appointments in his email dated July 30, and attached hereto as Exhibit 5, however, it is unclear if these are the two appointments he meansIf they are, as set forth in paragraph (3) above, MsB [redacted] was prepared to attend these meetings however, Mr [redacted] did not tell her where they were going to take placeIf these are not the two appointments he claims she missed, there is no information as to what he is referring to and respondent requests clarification so as to provide a reply to this allegation.(5.) Mr [redacted] states that he “went to cancel contract and she is keeping deposit.” This is accurateMr [redacted] acknowledge the existence of the contract between the parties, confirms that he cancelled it, and that PARTIES Rare To Well Done and BJ B [redacted] is keeping the depositPursuant to the terms that the parties agreed to in the Agreement dated June 27, and attached hereto as Exhibit 1, Mr [redacted] agreed that the deposit was non-refundable.The contract governs the actions of the parties in this matter and must be looked at to provide the answers to disputesThe contract is clear and leaves no room for interpretationMoreover, equity demands that Mr [redacted] 's allegations must fail since considerable time and effort were spent by PARTIES! Rare To Well Done and BJ B [redacted] on behalf of Mrand Mrs [redacted] For all of the reasons stated, it is respectfully requested that Mr [redacted] 's complaint be deemed to be invalid.Thank you for your consideration in this matter.Very truly yours,Barbara JB***

I am in receipt of the complaint submitted 8/27/17 and which you forwarded on August 31, 2017. You have requested that I review the situation and respond.Mr. [redacted] sets forth as the basis for his complaint: I made no contact for several weeks; that my employment status changed and that I could no...

longer meet with them during the day; that I missed two appointments; and that I am only free on weekends. Moreover, he writes that he went to cancel the contract and I am keeping the deposit.There are a series of emails that I have attached that speak to each of these issues and which show the course of dealing between Mr. [redacted] and me. I highlighted the emails on pages that also included previous emails, simply to limit confusion. Mr. [redacted] is misrepresenting what took place and has failed to recognize that I never terminated our relationship, Mr. [redacted] unilaterally terminated it. I have also included the contract that governs the parties rights and responsibilities in this relationship.General Background Information about my businessPARTIES Rare To Well Done is a sole proprietorship, engaged in event planning. I assist clients with weddings, Bar/Bat Mitzvahs, sweet sixteens - events of all types and sizes. First meetings are face to face where we spend an hour to an hour and a half discussing the event, what the client envisions the event to have in terms of decor and look, what specific goods and services that I offer, and the client’s aesthetic. At the conclusion of that meeting I have a general idea of what the client’s expectation is.Next, I begin to research sources for decor, locations (if necessary), create a look for their party, and gather all the information I need to prepare a proposal. All of these services are provided at no charge.Next, a written proposal is drafted and sent to the client along with a contract for the client’s review. There is no charge for the written proposal, either. If, upon receipt and review of the proposal and contract, a client chooses to retain my services, they are asked to sign the contract and send it back with a non-refundable deposit of $200. Upon receipt of the deposit and agreement from theclient, I reserve the date on my calendar. All of these steps occurred with the [redacted]s, complainants in this matter.Factual BackgroundO I was contacted by telephone in June of 2016 by Bob and Ellie [redacted] who asked to meet with me to discuss planning their son's B'nai Mitzvah party, to take place November 4, 2017. On Tuesday, June 14, 2016, I met the [redacted]s at 6:30 PM at their home located at 810 Herman Road, Horsham, Pennsylvania 19044. On June 27, 2016, I followed that meeting up with a proposal and agreement sent to the [redacted]s by email, attached hereto as Exhibit 1.O When, approximately two weeks later, I did not hear from the [redacted]s, I followedup with them by email dated July 11, 2016, asking if they had any questions. See email dated 7/11/16 and attached as Exhibit 2.O Telephone conversations between the [redacted]s and myself took place, during which they said that they wanted to hire me and had forwarded their check on July 29, 2016. The check was not received until on or about August 19, 2017, at which time I emailed them to let them know that I had received the deposit. I further advised that since their event was 15 months away, I would check in with them when we are closer to their party date to finalize plans. See email dated 8/19/16 and attached as Exhibit 3.O In June, 2017, I spoke with the [redacted]s who wanted to meet again. I said that I would be happy to meet with them. They said that they would look at their schedule to find a date and get back to me with dates that they were available. During this phone call, I let the [redacted]s know that I was not accepting new parties and that I had returned to my former profession as an attorney. I repeatedly assured them that I intended to complete all parties on my calendar and that I remained available to plan their party and that nothing would change. I advised other party clients of this as well.O On July 29, 2017, Bob [redacted] telephoned me and, by his tone of voice, it was clear that he was disturbed. He said that he decided to go with another party planner since my employment changed. Again, I assured Mr. [redacted] that I was still available and able to plan his party and I tried to correct his misconception. I told him that if he wanted to go with another party planner, that was his decision, but that I was very excited to plan his sons' B'nai Mitzvah and thought we had some great ideas. He asked for a return of his deposit, and I advised him that the terms of our Agreement provide that the deposit is non-refundable. On July 30, 2017. I sent an email confirming that telephone conversation. See email dated 7/30/17 and attached as Exhibit 4.Barbara J. B[redacted]Ms. [redacted]September 3, 2016On July 30, 2017, Mr. [redacted] emailed me in response. See email dated 7/30/17 and attached as Exhibit 5. It was clear that he was not understanding, despite me telling and writing him, that nothing changed and I remained available to plan his party as before. He also advised of 3 appointments set up (but does not tell me where). His email was unclear as to whether he was requesting my attendance or not. He writes, “Somehow I doubt you can attend these 3 meetings, or am I wrong” and then writes, “I think it's best for everyone if you just refund & (sic) 150.00 of the deposit at this point.”I immediately replied to Mr. [redacted], again advising that I remain available to plan his event. I pointed out that other employment I may have is irrelevant, "provided I can be available to you at mutually convenient times and am able to deliver the party that you contracted for. I am." (Emphasis added.) I then asked a series of questions so that I could better understand if he wanted me at these meetings, asking for the addresses where the meetings were going to be held, and reminding him that my attendance at these meetings would incur an hourly fee, pursuant to the terms of the contract. That email is attached. See email dated 7/30/17 and attached as Exhibit 6.Mr. [redacted] replied but his reply did not provide the locations of or reasons for the meetings. The [redacted]'s 11/2017 event is to take place at The Philadelphia Sports Club, which is where I presumed he meant when he wrote in Exhibit 5, "Aug 9 at 10 am - 2:45 place”. However, he never advised what caterer he was meeting with, nor why he was planning to have me attend a two hour meeting at an unidentified "hotel”. In addition, the fact that the meetings had start and end times struck me as odd, since I have never been asked to attend meetings on behalf of a client that included the length of time of the meeting and the end time. Nonetheless, I was prepared to attend if he requested it and if he told me where the meetings would take place. See email dated 7/30/17 and attached as Exhibit 7.When, by August 2, 2017. I received no response from Mr. [redacted], I again wrote to him and asked for his clarification whether he wanted me to attend the meetings or if he terminated me. Again I asked, if he wanted me to attend, to please provide the locations of the meetings. I also asked the reason he wanted to meet with me at an as yet unnamed, hotel. See email dated 8/2/17 and attached as Exhibit 8.I did not hear from Mr. [redacted] until three weeks after the meeting dates. HeBarbara J. B[redacted] Ms. [redacted] September 3, 2016never provided the addresses, did not confirm that he wanted me to attend the meetings, and did not give me a reason for the meetings. On August 27, 2017, Mr. [redacted] finally wrote to me telling me he was “busy and out of town and could not deal with you”. See email dated 8/27/17 and attached as Exhibit 9.O My last communication with Mr. [redacted] was on August 27, 2017. See emaildated 8/27/17 and attached as Exhibit 10.Mr. [redacted] is not entitled to a return of his deposit pursuant to the terms of the Agreement(1.) Exhibit 1 sets forth the terms of the Agreement between the [redacted]s and PARTIES! Rare To Well Done. This agreement provides, in pertinent part:“Client agrees to pay a deposit in the amount of $200.00 to secure the above date. This amount is non-refundable should client chose not to proceed with PARTIES. Rare To Well Done after making this payment. This deposit will be applied to client's final bill.”A deposit in the amount of $200.00 was received by PARTIES! Rare To Well Done on August 18, 2016. Thereafter, eleven months later, Mr. [redacted], demanded the return of the deposit, insisting that it was because PARTIES Rare To Well Done and BJ B[redacted] were unable to continue working on his behalf. As is evident by the correspondence between the parties, this is clearly not true. BJ B[redacted] repeatedly advised Mr. [redacted] that any other employment has not in any way changed her party planning work. She further advised that she was ready, willing and able to plan his party.(2.) Mr. [redacted] claims, in his Complaint, that PARTIES Rare To Well Done and BJ B[redacted] made no contact for sever (sic) weeks. As was explained to Mr. and Mrs. [redacted] at the initial meeting, and again in the email dated August 19, 2016 and attached hereto as Exhibit 3, once a date is secured, the venue chosen, and the party theme determined, no actual work on the event proceeds until a couple of months before the actual date. In the [redacted]'s case, contact was made in a regular fashion approximately four months before their event. This is typical of a party such as the one they were planning. At no time did PARTIES! Rare To Well Done and BJ B[redacted] delay in responding to the [redacted]s, rather, all contact was done promptly.It was Mr. [redacted], who failed to respond to PARTIES! Rare To Well Done and BJ B[redacted]'s inquiries about the location of the meetings until three weeks after the alleged meeting dates.(3.) Mr. [redacted] claims that PARTIES! Rare To Well Done and BJ B[redacted] "could no longerBarbara J. B[redacted] Ms. [redacted] September 3, 2016meet with us during the day”, however, as is evident by the correspondence between the parties, Ms. B[redacted] made numerous attempts to meet with Mr. [redacted] at the meetings he alleged he made. Mr. [redacted] refused to provide Ms. B[redacted] with the address of the meetings, and failed to advise the purpose of the meetings. Mr. [redacted] also failed to confirm that he wanted Ms. B[redacted] to attend, also advising her in the same correspondence that he was terminating her. He failed to respond to her request for clarification of the conflicting message sent.(4) Mr. [redacted] claims that PARTIES Rare To Well Done and BJ B[redacted] “missed two appointments”, however, he does not provide any information with respect to what two appointments he is referring. He sets forth three appointments in his email dated July 30, 2017 and attached hereto as Exhibit 5, however, it is unclear if these are the two appointments he means. If they are, as set forth in paragraph (3) above, Ms. B[redacted] was prepared to attend these meetings however, Mr. [redacted] did not tell her where they were going to take place. If these are not the two appointments he claims she missed, there is no information as to what he is referring to and respondent requests clarification so as to provide a reply to this allegation.(5.) Mr. [redacted] states that he “went to cancel contract and she is keeping deposit.” This is accurate. Mr. [redacted] acknowledge the existence of the contract between the parties, confirms that he cancelled it, and that PARTIES Rare To Well Done and BJ B[redacted] is keeping the deposit. Pursuant to the terms that the parties agreed to in the Agreement dated June 27, 2016 and attached hereto as Exhibit 1, Mr. [redacted] agreed that the deposit was non-refundable.The contract governs the actions of the parties in this matter and must be looked at to provide the answers to disputes. The contract is clear and leaves no room for interpretation. Moreover, equity demands that Mr. [redacted]'s allegations must fail since considerable time and effort were spent by PARTIES! Rare To Well Done and BJ B[redacted] on behalf of Mr. and Mrs. [redacted]. For all of the reasons stated, it is respectfully requested that Mr. [redacted]'s complaint be deemed to be invalid.Thank you for your consideration in this matter.Very truly yours,Barbara J. B[redacted]