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Home My WebLink About00-05243 ',","'- ) ,",""__,'1', ,",..i,:',-'-" .,.,p,.'..-- .,,,, '", ". ,," ,"""C FENSTERMACHER AND ASSOCIATES, P.C. ATIORNEYS AND COUNSELORS AT LAW TilE JONAS RUPP II0UtE JOHN R. FENSTERMACHER DIRECT DIAL (717) 691-5420 January 25, 2001 "MEMBER PENNsYLVANIA AND NEW JERSEY BAR Office of Court Administrator Cumberland County Courthouse One Court House Square Carlisle, PA 17013 RE: Plank's Suburban Press, Inc. v. Pennsylvania Podiatric Medical Association No. 00-5243 Civil Term (Cumberland County) Greetings: Please be advised that we are enclosing the file in the above-referenced matter as it is our understanding from counsel that the matter has been settled. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By: ~ ; D Q..... ~ /l/~ onnie R. Shultz, cretary crs Enclosure (~ '/2.'/0/- #.....J.. q.~. ~ - ~~ l - , A .1'-7 / PLEASE RESPOND TO: THE JONAS RUPP HOUSE 5115 EAST TRlNDLE ROAD MECHANlCSBURG, PENNSYLVANIA 17050 MECHANICSBURG OFFICE, 1fJ:17) 691-5400_ F~' (717) 6Yl-~441 www.fenstermacher.cc OCEAN CITY OFFICE 26 BAY AVENUE OCEAN CITY; NJ 08226 (609) 391~9461 "--i-i.,.....',:' ., " ~~"" '~7 0'" , ~~. , " ',. 0 j, , /~ , ,-~ t '",,"~c:;.b~;c... ,~ -,,0-- . " , - ~.)\, "~. -",~." .~,~ ,. "--Of,,," _ '~.-~, <>, '<'. \",,_, ,~'- ," ,~.. "fr,' ~ ~ - ~ '..,. , ;"''''''''''_''';0'' ,," ,'~"-' 'M' "\"''':_',,~~...',,; ,<..,;"t. '.."'~;"-"." T''"',....;;,"4:....u,'',; .A,,,,,;,,.', , "I ,;;;;,',-\ FENSTERMACHER AND ASSOCIATES, P.C. ATIORNEYS AND COUNSELORS AT LAW TIlE JONA{ RUPP !lOU{E JOHN R. FENSTERMACHER DIRECT DIAL (717) 691-5420 . MEMBER PENNSYLVANIA AND NEW JERSEY BAR January 31,2001 Hon. George Hoffer, P.J. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Plank's Suburban Press, Inc. v. Pennsylvania Podiatric Medical Association No. 00-5243 Civil Term (Cumberland County) Dear Judge Hoffer: I was appointed chairman of the arbitration panel in the case. Please be advised that both parties agreed to a settlement in the above matter prior to it reaching the day of arbitration. Accordingly, the matter can be marked settled and discontinued. If you need anything further, please telephone me. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. crs cc: William A. Yocum, Esquire James G. Nealon, III, Esquire John R. Fenstermacher PLEASE RESPOND TO: TIiE JONAS RUPP HOUSE 5115 EAST TRlNDLE ROAD MECHANICSBURG, PENNSYLVANIA 17050 MECHANlCSBURG OFFICE: (717) 691-5400 FAX (717) 691-5441 www.fenstermacher.cc OCEAN CITY OFFICE 26 BAY AVENUE OCEAN ~ NJ 08226 (609) 391-9461 ."',~,- .- '""""""",, ~~' - - ~~"." "0 FROM FAX NO. Jun. 13 2000 12:24AM P1 WII-L1AIVI A. yOCUIVI ",ITOfi'Nr;". p.-r LAW 3001 MARt<ET STREET CAMP I-I.ILL PA 17011 AFrEA CODE 717 TEL.EP."Of'llE 7e;1-50_t January 12, 2001 VIA FACSIMILE John R. Fenscermacher~ Esquire 5115 East Trindle Road Mechanicsburg, PA 17050 Re, Plank's suburban Press, Inc. v. Pennsylvanis'Podiacric Medical Association, No. 00-5243 Civil Term (Cumberland Councy) Dear Mr. F~nstermacher.: Please be adyised that Plainciff and Defendant have agreed Co settle che above referenced'case.. We would respectfully request thac you, as Arbicration Chairman, cancel che hearing' on Wednesday,.January 17, 2001. Thank you for your efforts and cooperation. Very cruly yours, V~()-~ William A. Yocum, Attorney for Plaintiff i'lIlii~~., ,,-~. -1>l\~;#.~~,iRt~i.m~II!I!WMtji'>i!if'~IW!!i"'~";~ ~'" "'""iI! e .~ ~-- ~ ,-.,' ~- .... , . ~, ~ " ,. '~~""~ -'~,> ..d.>&a.~ ~~~-~ ~~~ .u..> -.!Je.Hh.d J,:ll r va i LI 'lULl ( tJ; ..] fU 114101 ! c ~ I CiU.. t $ (x.{lf/.{ tl f'4htf ptl U ( Ii( U lLJe/'S PLANK'S SUBURBAN PRESS, INC., Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 00-5243 CIVIL TERM PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant : CIVIL ACTION - LAW NOTICE OF ARBITRATION HEARING The Board of Arbitrators appointed in the above-captioned case have fixed Wednesday, January 17, 2001, at 1 :30 p.m. at the Offices of Fenstermacher and Associates, P.C., 5115 East Trindle Road, Mechanicsburg, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time. Jo n R. Fenstermacher, Chairman December 19, 2000 ...... cc: William A. Yocum, Esquire 3001 Market Street ~amp Hill, PA 17011 Attorney for Plaintiff James G. Nealon, III, Esquire P. O. Box 865 Harrisburg, PA 17108-0865 Attorney for Defendant Thomas Flower, Esquire 2109 MarketStreet Camp Hill, PA 17011 Michael Hanft, Esquire 19 Brookwood Carlisle, PA 17013 Office of Court Administrator One Court House Square Carlisle, PA 17013 Bulletin Board _'-~""""1lII"r'~IliI~Jfi.;;'h&ilMl~~JI!lid~"~~~~- "~".-,,~,,'-' ~.~~~", ~, h, H' '-~ ' "o,L ,.~ '"". .U" ,-- ,~ ~" ~__.dIl. =~ 'I , """ ' FENSTERMACHER AND ASSOCIATES, P.C. ATIORNEYS AND COUNSELORS AT LAW ~ ~ r r rtlE JONAS RUPP tlOIJt:E November 20, 2000 Thomas Flower, Esquire 2109 Market Street Camp Hill, PA 17011 Michael Hanft, Esquire 19 Brookwood Carlisle, PA 17013 RE: Plank's Suburban Press, Inc. v. Pennsylvania Podiatric Medical Association No. 00-5243 Civil Term (Cumberland County) Gentlemen: In accordance with your previous telephone discussions with my secretary, enclosed please find the Notice of Arbitration Hearing with respect to the above- captioned action. I have also enclosed a copy of the file provided to me by the Prothonotary's Office for your review. I look forward to seeing you both on January 10, 2001. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstermacher crs Enclosures PLEASE RESPOND TO; THE JONAS RUPP HOUSE 5115 EAST TRINDLE ROAD MECHANICSI3URG, ~ENNSYLVANIA 17050 MECHANlCSBURG OFFICE, (717) 691- 5400 FAX (717) 691-5441 www.fenstermacher.cc OCEAN CITY OFFICE 26 BAY AVENUE OCEAN CITY, NJ 08226 (609) 391~9461 Mii-_~'d~ &,~ "'1!l~&\\\W~~-t>~.~et~~"\i~"ti};c..;J!",~~1!\l~~i .' ~ ". 'c, " ~ c,__, Iii\i.lIIB ~ -- /wn ~" U,"ViIIIIl'ij(, ~<- ~~ , "'" i <'..' FENSTERMACHER AND ASSOCIATES, P.C. ATIORNEvS AND COUNSELORS AT LAW ~ ~ r f T!lE JO/lA~ RUPP !lOUtE December 19,2000 William A. Yocum, Esquire 3001 Market Street Camp Hill, PA 17011 James G. Nealon, III, Esquire. P. O. Box 865 Harrisburg, PA 17108-0865 Thomas Flower, Esquire 2109 Market Street Camp Hill, PA 17011 Michael Hanft, Esquire 19 Brookwood Carlisle, PA 17013 Office of Court Administrator One Court House Square Carlisle,PA 17013 Bulletin Board Cumberland County Prothonotary One Court House Square Carlisle, PA 17013 RE: Plank's Suburban Press, Inc. v. Pennsylvania Podiatric Medical Association No. 00-5243 Civil Term (Cumberland County) Greetings: In accordance with your previous telephone discussions with my secretary, enclosed please find the Notice noting the rescheduled date with respect to the hearing in the above-captioned action. Thank you. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. By: John R. Fenstermacher crs Enclosure PLEASE RESPOND TO: THE JONAS ~UPP HOUSE 5115 EAST TfUNDLE ROAD MECHANICSBURG. PENNSYLVANIA 17050 MECHANICSBURG OFFICE: (717) 691-5400 FAX (717) 691-5441 www.fenstermacher.cc OCEAN CITY OFFICE 26 BAY AVENUE OCEAN CITY, NJ 08226 (609) 391~9461 ~lli ~~ , -~ - ,..."~' '. '. J " . , PLANK'S SUBURBAN PRESS, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 00-5243 CIVIL TERM PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant CIVIL ACTION - LAW NOTICE OF ARBITRATION HEARING The Board of Arbitrators appointed in the above-captioned case have fixed Wednesday, January 10, 2001, at 1 :30 p.m. at the Offices of Fenstermacher and Associates, P.C., 5115 East Trindle Road, Mechanicsburg, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time. November 20, 2000 J hn R. Fenstermacher, Chairman cc: William A. Yocum, Esquire 1(,1-5041 3001 Market Street CamP Hill, PA 17011 Attorney for Plaintiff James G. Nealon, III, Esquire J 3;1- 'jqoo P. O. Box 865 Harrisburg, PA 17108-0865 Attorney for Defendant Thomas Flower, Esquire 1,,?-34D( 2109 Market Street Camp Hill, PA 17011 Michael Hanft, Esquire d...j.q.53i3 19 Brookwood Carlisle, PA 17013 Office of Court Administrator One Court House Square Carlisle, PA 17013 Bulletin Board - - - ," PLANK'S SUBURBAN PRESS, INC. IN THE cnTl"~ Plaintiff /ll/$}1i1> - PfY\-- 3116 'F 1\ ".- , v'. , PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION ~ eM . Defendant RULE 13l2~1,.. 'The'Petition for Appointmen in the'following form: '-y PETITION FOR APPOINTMENT 'TO THE HONORABLE, THE JUDGES OF SAID COURT: William A.~ocum , counsel for the plaintiff/defendant in the above 1. 2. action 6rnxl<llClOi.xlm;), respectfully represents that: The'above-captioned action (RxxKKkxa~) is (~ at issue. The claim of the plaintiff in the action is $ 17,299.20 plus The counterclaim of the defendant in the action is None costs & interest. .The following attorneys are interested in the case(s) as counselor are other- wise. disqualified to sit as arbitrators: David J. Lanza WHEREFORE, your.. petitioner prays your Honorable Court to appoint three (3) arbitrators to. whom the case shall be submitted. ORDER OF COURT Respectfully submitted, ~ ~ /1/ ,.,--~/Jj Wi1l.iam A.Yodirt E~~ui?e-' AND NOW,' A #z,UA4h./J R ,. 1:9~ in consideration of the foregoing petitio~~ ~ Esq., C\~ ~ .Esq., and ~~AfO~ ~~~ ,Esq" are appointed arbitrators in the . above-captioned action (or actions) as prayed for. p, J. ....=- ", .,C<' -, aik.j:' SHERIFF'S RETURN - REGULAR CASE NO: 2000-05243 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PLANK'S SUBURBAN PRESS INC VS PENNSYLVANIA PODIATRIC MEDICAL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION the DEFENDANT , at 1301:00 HOURS, on the 28th day of July , 2000 at 757 POPLAR CHURCH ROAD CAMP HILL, PA 17011 by handing to SHELLY FREDERICKS, DIRECTOR AND ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.30 .00 10.00 .00 37.30 r~~-'~~ R. Thomas Kline 08/01/2000 JOHNSON DUFFIE STEWART Sworn and Subscribed to before me this 4 day of By: afP}/Mn;! ~ Deputy S eri f A.D. .~~ m}o PLANK'S SUBURBAN PRESS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA Plaintiff NO. 00-5243 V. CIVIL ACTION - LAW PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant PRAECIPE TO WITHDRAW AND ENTER APPEARANCE OF LEGAL COUNSEL TO THE PROTHONOTARY OF THE SAID COURT: Please withdraw the appearance of Johnson, Duffie, Stewart & Weidner, by David J. Lanza, Esquire and enter the appearance of William A. Yocum, as attorney for the above referenced Plaintiff. Respectfully submitted, ~ JOHNSON, DUFFIE, STEWART & WEIDNER by DAVID J. LANZA, ESQUIRE ~1kA~~ WILLIAM A. YOC ,ESQUIRE "-- 3001 Market Street Camp Hill, PA 17011 PHONE: (717) 761-5041 I.D. NO. 06263 !i!Iilii~~~i!fliij~~"'~~II~~~,ji~~,,~~ .W , ,,0 ,~,,,_ '" ,,~ ".,.".,,~. ,~,' 0 "'~'" "'~' ~'"" "'- " R 'r' ..." ,', -.'." -,' _'o,L ~, ~ -' ""'- , ' ." ~ "i ,I I '.1 I ,I $ u "" _~ . ~' , . ~ \ Jobnson, Duffie, Stewart & Weidner By: David J. Lanza LD. No. 55782 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PLANK'S SUBURBAN PRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ():)-s;(4.3 d~~L v. CIVIL ACTION - LAW PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant NOTICE TO DEFEND To the Defendant: 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 defense 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Uberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 . <. ... ~ ' ~ n^ "~..""'.F"', n'" Y 0 X~ .",,_,;, ~," ..""_"-~",',~;i~""'~'';,,, ^_,,'__~'_ , '" , , Johnson, Duffie, Stewart & Weidner By: David J. Lanza J.D. No. 55782 301 Market Street P. O. Box 109 , Lemoyne, Pennsylvania 17043"0109 (717) 761-4540 Attorneys for Plaintiff PLANK'S SUBURBAN PRESS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. b1J ~ 5.2'1' J &ixJ-r;......... v. CIVIL ACTION - LAW PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant COMPLAINT AND NOW, thiS;?5~y of July 2000, comes the Plaintiff, PLANK'S SUBURBAN PRESS, INC" by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and avers in support of this Complaint as follows: 1. The Plaintiff, PLANK'S SUBURBAN PRESS, INC., is a Pennsylvania corporation with a place of business at 2321 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, is a business entity of undetermined nature with a place of business at 757 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania 17011. COUNT I BREACH OF CONTRACT 3. The averments of paragraphs one and two are incorporated as if fully set forth herein. """.,< ','-c/'"..,' 4. In July 1999, Defendant requested that Plaintiff publish and supply four hundred fifty (450) books to Defendant. 5. Plaintiff fully performed its obligations under the aforesaid request by delivering four hundred fifty (450) of the aforesaid books to Defendant. 6. Plaintiff has invoiced Defendant in the amount of the agreed-upon price of Seventeen Thousand Two Hundred Ninety-nine and 20/100 Dollars ($17,299.20) for the aforesaid publication. A true and correct copy of the aforesaid invoice is attached hereto as Exhibit "A." 7. Despite demand, Defendant has neglected and refused and continues to neglect and refuse to pay the aforesaid amount or any part thereof. 8. Plaintiff is entitled to judgment against Defendant by reason of the aforesaid publication and agreement in the sum of Seventeen Thousand Two Hundred Ninety-nine and 20/100 Dollars ($17,299.20). WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Seventeen Thousand Two Hundred Ninety-nine and 20/100 Dollars ($17,299.20). COUNT II IN QUANTUM MERUIT 9. The averments of paragraphs one through eight are incorporated as if fully set forth herein. 10. Plaintiff fully performed publishing services for Defendant pursuant to Defendant's requests. 11. Plaintiff conferred a material benefit upon Defendant upon the promise of Defendant to pay the reasonable value of Plaintiff's services. 12. Defendant authorized and requested all publication work performed by Plaintiff. 13. Plaintiff performed and Defendant authorized the aforesaid services in a manner consistent with previous publication services performed by Plaintiff for Defendant. 14. Plaintiff expected remuneration from Defendant at the time of the performance. 15. Defendant was aware that Plaintiff expected payment for Plaintiff's services. 16. Despite demand by Plaintiff for payment for Plaintiff's services, payment has not been received. 17. Defendant's failure to make payment resulted in Defendants' unjust enrichment. 18. Defendant continues to sell and advertise for sale the books which Plaintiff published for Defendant. 19. The value of the aforesaid services (less payments made) equals Seventeen Thousand Two Hundred Ninety-nine and 20/100 Dollars ($17,299.20), plus costs and interest, as set forth on Plaintiff's invoices. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Seventeen Thousand Two Hundred Ninety-nine and 20/100 Dollars ($17,299.20), plus costs and interest from November 13,1999. COUNT III BOOK ACCOUNT 19. The averments of paragraphs one through eighteen are incorporated as if fully set forth herein. 20. Defendant owes Plaintiff the amount of Seventeen Thousand Two Hundred Ninety-nine and 20/100 Dollars ($17,299.20) for services performed (plus interest and costs) in accordance with a book account, a true and correct copy of which is attached hereto as Exhibit "A. .: ..;--~' 21. Plaintiff has demanded the total amount due. 22. Defendant has refused and neglected and still refuses and neglects to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of Seventeen Thousand Two Hundred Ninety-nine and 20/100 Dollars ($17,299.20), plus costs and interest from November 13,1999. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ :136399 David J. Lanza Attorney I.D. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff '--r -: ''o_<.--,^ VERIFICA TlQN ',~.i t ~ , ~/of PLANK'S SUBURBAN PRESS, INC. verify tha the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unswom falsification to authorities. Dated: 11 '1.1/ (J/j ~~/~ '..,--...~.~"~' ...." " ~ ~- - ~ ~i!)ti P'lANK'S SUBURBAN PRESS, INC. 99386 P2521 2321 MARKET STREET CAMP HILL, PA 17011 PHONE (717) 737-8659 FAX (717) 737-1760 INVOICE SILL TO: SHIP TO: Pennsylvania Podiatric Medical Asso 757 Poplar Church Road Camp Hill, PA 17011 Pennsylvania Podiatric Medical Asso 757 Poplar Church Road Camp Hill, PA 17011 Telephone: 717-763-7665 '1f11;t\4ti: :%0jij;~~[0?~'Q~NfJtb'T!<€~'$~0;,~i f;'. . ])EREf)H~ ~t~: EflBR ...tlt;~:4 1 1 450 * Hershey Revi~w Book 16320.00 16320.00 THANK YOU FOR YOUR BUSINESS! NONTAXABLE, TAXABLE SALESTAx FREIGHT INVOICE TOTAL 0.00 16320.00 6.000% 979.20 APPLIED CREDIT 0.00 0.00 17299.20 TOTAL-PAID, :r<:'t..:t~{"=-1II1 0.00 I 17299.20 I 4AA~il:i.,.~,1l!fu!!rWliW1l!'.>""clf;~ ""'Ai>ili"it;,...,.H"'W"'i&"';"~~"""_"'-""'~__;,l:'t,""P:""J'~--,K<lij:'i-'f~...t4"m~~~~IIIi'_Ill:..~~~ '~ ''''""---.smJiIIItl' 1i~~ ~ r-- If::. ;-< h P ;a~ d8(} u <J I I -t ~~ ~~ 1- "''0~ "~,,., ,~,._" .~,,~~,~ ,~. , --~. ~, ", .~~ "..~~. ,,^ ~.~,'-< " ,"T._ , " ~ ,~. reiIRII~ o C <..: ~n~: .c:..', ~f; :::.--:- -~,! -< (::;l C) (~ ""::n 0.... ".) C', eN .'.... 'D _~:,i " ~ EJ ~ .. , " . " " < ',"_ -- ~, , . .~,'"--,, .'Co, --." "" ,~ ,-, ,. "'....,, -- c"';'" "". ,'/" "';"~ -", \F ~.^' ,~, "',, ,,;w;:"CJL--",,, ,.,',', ,.,1-''-.,', , .... PLANK'S SUBURBAN PRESS, INC., Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 00-5243 CIVIL TERM PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Pennsylvania Podiatric Medical Association, with regard to the above-captioned matter. Respectfully submitted, cr- By: James G. Nealon, III Atty. 1.0. #46457 301 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 .'._.~,- _~ __, "~",,","~" -, ""--""~"f,,~'--"-""~'_ ',~' ~,~.. "" '.~ "'- . '<"'-";~ ~ J.. CERTIFICATE OF SERVICE AND NOW, this 21st day of September, 2000, I hereby certify that I have served the foregoing Praecipe entering my appearance on the following via first class mail, addressed to: David J. Lanza, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 q~ James G. Nealon, III, Esquire " .~,,,,"<, --"~"'.'."' IN ~'i i i';~ _ '1 ,- ~,.""'.~' . ~ < ~- ." ~.. : ~" ,". --'c. "" __~ .. ,r,c " ~ ,,_ ,,0_ ~ ~'" 'I . ... ~ . () (~ ~ \..J C C' Tn, $: t./J ,--1 Vee- rq --;'"11 n1n"; '-0 Z:n " '.-~ :-\~ ZC~ ,~ <.). ',' (J) ",' :~~~ .~~) -<Le. !<C "tJ -,"~~ '-H -,' (~'7:(~ ~C" _l'.. -CJ ~ tSrn :l>c -l ~ 0 'D- ::a .0:- -< '. '! ~", " -- , , -=~'-~<'_~ ~, _~,A'~" '''-'' "".'.. ";'~'O.-,_ '< ,',,-,,_= "'_"'>".."",~.,..~," '0'"""-.',;,>,~,'"C~"~_"""';"',,,,,,,,,..H.;;,.e,, h ~"c~ "''''''-:\1 , PLANK'S SUBURBAN PRESS, INC., Plaintiffs v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 00-5243 CIVIL TERM PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant JURY TRIAL DEMANDED ANSWER TO COMPLAINT 1. Admitted. 2. Denied as stated. The Defendant, Pennsylvania Podiatric Medical Association (UPPMAU), is an not-for-profit corporation with a principal place of business at 757 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania 17011. COUNT 1 Breach of Contract 3. Paragraphs 1-2 above are incorporated herein by reference. 4. Denied as stated. In June of 1999, PPMA requested that Plaintiff publish and supply 300 copies of a Hershey Review Book. In addition, PPMA requested that certain changes and updates be made to the book in the new edition. At that time, PPMA requested that the books be delivered in August of 1999. 5. Denied. First, the books were not delivered until November of 1999, several months after they had been requested. In addition, there were numerous problems with the books including but not limited to an incorrect copyright date, failure to include -- - ^ ,,~'~ <~.."""'"' " .", ",:~;" ,'~' ....,~ ' ~',"'" '''''"''"-"'0.' <0' +,",~~~./ c"'"C '_."'....'~'"'.c ""...,j',..-""j,;.i~,"""',,;,;;,;,,,,';~_~""""'''__'~''''''.d'__,-c,".s:;,... "h "'__~ changes to the publication, failure to include a dedication page, poor printing and/or blank pages. 6. It is admitted that the Plaintiff invoiced PPMA for 450 books. It is further admitted that Exhibit "An to the Plaintiff's Complaint is a true and correct copy of the invoice. It is speCifically denied that the amount is owed to the Plaintiff since the Plaintiff failed to perform the contract in a good and workmanlike manner. 7. Denied as stated. It is admitted that PPMA has refused to pay the full amount of the invoice. The refusal of PPMA is based upon the poor work that was done by the Plaintiff. 8. The averments contained in Paragraph 8 of the Plaintiff's Complaint are conclusions of law to which no response is required. WHEREFORE, Defendant, PPMA, urges this Honorable Court to dismiss Count I of the Plaintiff's Complaint. COUNT II In Quantum Meruit 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. Denied. For reasons stated above, Plaintiff did not perform the work in a good and workmanlike manner. 11. Denied. For reasons stated above, the books delivered by Plaintiff were of poor quality. 2 . -,~="" >=""~r "'"',~~~,~.'~' .~ ""1 " 12. It is admitted that PPMA requested the Plaintiff to perform publication work. It is denied that the publication work was completed in accordance with the directions of PPMA. 13. Denied. For reasons stated above, Plaintiff did not perform the "services in a manner consistent with previous publication services performed by Plaintiff' for PPMA 14. Denied as stated. It is admitted that PPMA was aware that Plaintiff expected to be paid provided the work was performed in a good and workmanlike manner. 15. Denied as stated. It is admitted that PPMA was aware that Plaintiff expected to be paid provided the work was performed in a good and workmanlike manner. 16. It is admitted that PPMA has not paid the Plaintiff the full amount of the invoice. It is specifically denied that the Plaintiff is entitled to be paid the full amount of the invoice because the work was not performed in a good and workmanlike manner. 17. The averments contained in Paragraph 17 of the Plaintiffs Complaint are conclusions of law to which no response is required. 18. Denied. PPMA is no longer using the books and has offered to return them to Plaintiff. 19. Denied. The work performed by the Plaintiff was of poor quality and is not worth the invoice price. WHEREFORE, Defendant, PPMA, urges this Honorable Court to dismiss Count II of the Plaintiffs Complaint. 3 - w "', "-'n,','^" ,.,. , " '" '" - ", ."',,"'. "",~,--~~; "~{'=-' "-"~ ',C'"", ,<'.' - _,<"''''"''__~''''','';' ",~~"",'~~"',,;:.,,,,,,....,,,:r.-a" , , COUNT III Book Account 19. [sic] The averments contained in paragraphs 1 through (19) above are incorporated herein by reference. 20. The averments contained in Paragraph 20 of the Plaintiff's Complaint are conclusions of law to which no response is required. To the extent a response is deemed required, they are denied. On the contrary, Exhibit "A" merely is an invoice rather than a "book account". 21. Admitted. 22. Denied. PPMA incorporates herein by reference the averments stated above as to the reasons for not making payment on the invoice. WHEREFORE, Defendant, PPMA, urges this Honorable Court to dismiss Count III of the Plaintiffs Complaint. Respectfully submitted, NEALON & G By: q- Date: TO-qroO James G. Nealon, III, Esquire 1.0. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 4 -- , ~ -- .' '''~A ! I I , I OCT-06-2000 13:22 PA PODIATRIC t1ED ASSN , , -" .'~ l' ,~' '= ;""", 717 7614091 P.02/02 VERIFICATION I, Michael Q. Davis, Executive Director of the Pennsylvania Podiatric Medical Society, verifY that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. l ~ ~ ~~~ MICHAEL Q. DAVIS Dated: /o/s /00 TOTAL P. 02 , . --,. ",. ,. ~ ' *""""'~" _, "-0." ",.., ,,,.,' , ,"~., ""-:!",,,' ..;-. ,,,.,,,-',er..:""';' ,,- '~~ '''l!...., "'",,'. , , CERTIFICATE OF SERVICE AND NOW, this 9th day of October, 2000, I hereby certify that I have served the foregoing Answer to Complaint on the following via first class mail, addressed to: William A. Yocum, Esquire 3001 Market Street Camp Hill, PA 17011 q- James G. Nealon, III, Esquire ..". .',__,_" 0--'-- " . PLANK'S SUBURBAN PRESS, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-5243 CIVIL ACTION - LAW PENNSYLVANIA PODIATRIC MEDICAL ASSOCIATION, Defendant PRAECIPE TO DISCONTINUE LAWSUIT TO THE PROTHONOTARY OF THE SAID COURT: Agreement to settle this lawsuit has been executed by both parties and partial consideration has been paid by Defendant. Please mark this lawsuit settled and discontinued. Respectfully submitted, VdtwM.t1~ WILLIAM A. YOCUM, ESQUIRE Attorney for Plaintiff 3001 Market Street Camp Hill, PA 17011 PHONE: (717) 761-5041 I.D. NO. 06263 .."Co - 'n,' .' ,-- , ' _ ,~. C,. ." "C. __. - ",< ,.-",'" - -',;"'"" / PLANK'S SUBURBAN PRESS, INC. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5243 CIVIL TERM PENNSYLVANIA PODIATRIC: MEDICAL ASSOCIATION IN RE: ARBITRATION ORDER OF COURT /)'-' / AND NOW, t4J~6" 2001, the Court having been informed that / the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, John Fenstermacher, Esquire, shall be paid the sum of $50.00. By the Court, iJ: f'Z "D\ l/ rlO~~ John Fenstermacher, Esquire .~ Court Administrator :ssg ..;.,., ~--1'@~~di1MI!!iIili!il!lilill~i!!l~~~.iO~"'IT'-4;liliilillilt~~ sIaJi " r\, ',) , '", ".' ""'~, ~'" - ,~,', ..--. ...il"", .~'lIlit " , " \ ) ViNv'i\lASNN3d ^l l"l"ifilr,''--, (~~_,~L J......,.'.'...',..:'tln~ "'~ \; '.. '..' '. .,','-.' :,-~i~:'['\, J i S :2 iLJ S" ijJJ I D }}j"/l..C' -o'r "~'- ' -&ilIiIirii> =. ,~" ~;..,,' --^. ,., . ;,I n