HomeMy WebLinkAbout07-1508SYSTEMS PLUS OFFICE : IN THE COURT OF COMMON PLEAS OF
SERVICE, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. :NO. O A7 - f YOC
PENNSYLVANIA OFFICE : CIVIL ACTION - LAW
SERVICE GROUP, INC., : JURY TRIAL DEMANDED
Defendant
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 17013-3308
(717) 249-3166
SYSTEMS PLUS OFFICE : IN THE COURT OF COMMON PLEAS OF
SERVICE, INC., : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. :NO. 07 C't v
PENNSYLVANIA OFFICE : CIVIL ACTION - LAW
SERVICE GROUP, INC., : JURY TRIAL DEMANDED
Defendant
COMPLAINT
AND NOW, comes Plaintiff, Systems Plus Office Service, Inc., by and through its
attorney, Mark K. Emery, Esquire, and files this Complaint as follows:
1. Plaintiff, Systems Plus Office Service, Inc., is a Pennsylvania corporation with an address
for conducting business of 102 West Franklin Street, Steelton, Pennsylvania 17113.
2. Defendant, Pennsylvania Office Service Group, Inc., is a Pennsylvania corporation with an
address for conducting business of 309 South Tenth Street, Lemoyne, Pennsylvania
17043.
3. Plaintiff has provided and Defendant has accepted services and materials in the nature of
office furniture, supplies, setup and installation.
4. All services were provided at the request of Defendant, with said services being provided
by Plaintiff as a sub-contractor to Defendants' third party end-users.
COUNTI
BREACH OF CONTRACT
5. Paragraphs 1 through 4 are incorporated fully herein by reference.
6. In or about February 2005, Plaintiff and Defendant entered into a Project Management
1
Agreement ("Agreement") whereby Plaintiff would provide to Defendant services in the
nature of office furniture installation and maintenance.
7. Said services would be provided as a sub-contractor to entities which purchased office
furniture from Defendant.
8. The parties memorialized their Agreement in a document attached and incorporated fully
herein as Exhibit "A".
9. Pursuant to the Agreement, the contract was for at least a six (6) month period of time
commencing February 28, 2005, and compensation was to be provided in the amount of
$50,000.00 per year, paid bi-weekly in the amount of $1,922.08.
10. Plaintiff provided all requested services and fulfilled all other conditions of the Agreement.
11. Defendant accepted said services, and did make partial payments under the Agreement.
12. Defendant has failed and refused to make payments due Plaintiff under the terms of the
Agreement, and for the services provided by Plaintiff.
13. Defendant has failed and refused to make payment for services provided to it under the
Agreement in the amount of $13,461.56.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgement for it
and against Defendant in the amount of $13,461.56, and further award all pre and post judgement
interest, cost of suit, and all other relief allowed by law.
COUNT U
BREACH OF CONTRACT
14. Paragraphs 1 through 13 are incorporated fully herein by reference.
15. In addition to the services provided as set forth in Count I, Plaintiff has provided
2
additional services to Defendant in the nature of office furniture installation and
maintenance for clients to which Defendant has sold office furniture.
16. All said services were preformed at the specific request of Defendant.
17. Plaintiff provided all services as requested and fulfilled all other necessary conditions.
18. All said services have been billed to Defendant, with such written bills being provided to
Defendant.
19. Defendant has made partial payments for the services provided, but has failed and refused
to make payment of the full amount due.
20. The total amount due Plaintiff by Defendant is $28,328.07.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgement for it
and against Defendant in the amount of $28,328.07, and further award all pre and post judgement
interest, cost of suit, and all other relief allowed by law.
COUNT III
UNJUST ENRICHMENT
21. Paragraphs 1 through 20 are incorporated fully herein by reference.
22. Plaintiff has provided and Defendant has accepted services in the nature of office furniture
installation and materials.
23. Defendant has accepted such services and has been compensated by the third party end-
users for said services.
24. It is believed and therefore averred that Defendant has received full payment from all third
parties end-users of the services.
25. The reasonable and fair market costs of said services is $41,789.63.
26. It would be unjust for Defendant to have received said services without making full
payment to Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgement for it
and against Defendant in the amount of $41,789.63, and further award all pre and post judgement
interest, cost of suit and all other relief allowed by law.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
ark K. Emery, Esquire
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: March 16, 2007
4
POSITION RESULTS DESCRIPTION
Name: Troy Page
Department: Project Management
Key Result Area #1: Project Management Pre-Sale
Performance Standards:
1. When notified by sales, meet with clients & design to discuss project
parameters (larger jobs).
2. Site visit with design within 72 hours of initial sales meeting to measure
and review building access.
3. Review drawings during the initial design process to discuss cost savings
measures.
4. Provide installation estimates to design in written format within 48 hours of
request date (drawings to be placed in mailbox or in bin by design).
Key Result Area #2: Project Management Post-Sale Coordination
Performance Standards:
1. Be in contact with client within 72 hours of order entry as an "introduction"
(Suzanne will be contacting client immediately following order entry and
will notify them to expect a call).
2. Coordinate electrical / data with client during the initial contact described
in item #1.
3. Attend construction meetings on an as needed basis.
4. Review project with design to discuss any final revisions within 72 hours of
order entry.
5. Update "Project Installation Board" with installation dates within 48 hours
of order entry (this will act as a communication tool for sales).
6. Finalize delivery & installation with client one week prior to project
installation.
7. Confirmation of electrical/data completion.
8. Perform pre-installation walk-thru on as needed basis.
Key Result Area #3: Project Installation
Performance Standards:
1. Manage and communicate installation progress with appropriate designer
on daily basis.
2. Immediate approval from Sales on any requested changes to the
approved floor plan from client.
3. Installation & Design Completion Certificate to be signed by client upon
completion of project installation.
4. Notify appropriate salesperson by email immediately following installation
completion.
ProjectMgtPRD Page 1 of 2
Created on 2/1/2005 8:58:00 AM
r' 4-
5. Perform walk-through with sales, design & client contact to assemble
punchlist within 48 hours.
6. Discussion with design of appropriate solutions within 48 hours of walk-
thru (design to complete Project Punchlist and forward copy to
Sales/Suzanne/PM within that time frame).
Key Result Area #4: Service Orders
Performance Standards:
1. Schedule meeting with client to assess or complete work as needed
(Suzanne to Complete Service Order Request Form and forward to Troy).
2. Forward necessary information to Suzanne for order entry within 48
hours.
3. Schedule service work within 72 hours from receipt of product.
Key Result Area #5: Communication
Performance Standards:
1. Krista to be only Point of Contact unless designated otherwise in the
above Key Result Areas.
2. Direct requests from sales should be in the form of an email. Sales will be
requested to "cc" Krista and/or Suzanne on all documentation that may
interfere with the scheduling of projects.
3. All communication to be in the form of an email or written documentation.
4. Weekly attendance to Design/Project Management Meetings on Thursday
mornings at 8:30 AM for Project Review.
Compensation:
1. Compensation to be a calculated at $50,000.00/year ($1923.08 on a bi-
weekly basis) beginning payperiod Monday, February 28, 2005. Initial
check to be disbursed on Friday, March 14, 2005.
2. A six month evaluation to be performed to review profitability &
performance for both Systems Plus & POSG Commercial Interiors, Inc.
Miscellaneous:
1. Daily use of truck with gas card for POSG installations only.
2. Use of POSG cardboard dumpster to be discussed and finalized with
Linda by March 31, 2005.
Systems Plus:
POSG
ProjectMgtPRD
Created on 2/1/2005 8:58:00 AM
Date:
". l L Date: OS
Page 2 of 2
VERIFICATION
I, John J. Page, Sr., President of Systems Plus Office Service, Inc., hereby verify that
I have read the foregoing Complaint and that the information contained therein is true and
correct to the best of my knowledge, information and belief. I understand that false
statements herein are subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn
falsification to authorities.
DATE: C3 lJ d.7
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-41
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SYSTEMS PLUS OFFICE SERVICE, INC.,
Plaintiff
V.
PENNSYLVANIA OFFICE SERVICE
GROUP, INC.,
Defendant
No. 07-1508 Civil Term
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of the undersigned and Latsha Davis Yohe &
McKenna, P.C., as counsel on behalf of Defendant, Pennsylvania Office Service Group,
Inc., in the above-captioned matter.
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
Dated: 1? _ Z.W1
By t?-J
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Defendant, Pennsylvania Office
Service Group, Inc.
114960
I
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing was served via first-class United States mail, postage prepaid, upon the
following:
Mark K. Emery, Esq.
Law Offices of Mark K. Emery
410 North Second Street
Harrisburg, PA 17101
Dated: Qtn? a, )-;_?'Z
Glenn R. Davis
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Cam:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
SYSTEMS PLUS OFFICE SERVICE, INC.,
Plaintiff
V. No. 07-1508 Civil Term
PENNSYLVANIA OFFICE SERVICE CIVIL ACTION - LAW
GROUP, INC.,
Defendant JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
AND NOW, COMES, Defendant, Pennsylvania Office Service Group, Inc.
("POSG"), by and through its counsel, Latsha Davis Yohe & McKenna, P.C., and files
this Answer and states the following:
1. Admitted.
2. Admitted.
3. Admitted in part and Denied in part. It is admitted that Plaintiff has
provided POSG with certain services which can be generally characterized as setup and
installation of office furniture which POSG sold to its clients and which POSG engaged
Plaintiff to provide such services. It is specifically denied that Plaintiff provided
unidentified office furniture and/or supplies or that Plaintiff provided and POSG
accepted the services as set forth in Plaintiff's Complaint.
4. Denied. It is specifically denied that all services were provide at the
request of POSG, with said services being provided by Plaintiff as a subcontractor to
Defendants' [sic] third party end-users. Strict proof at time of trial is demanded.
COUNTI
Breach Of Contract
5. The responses to Paragraphs 1 through 4 are incorporated herein as if set
forth in full.
6. Denied. It is specifically denied that the parties entered into an
Agreement to the extent that this agreement is averred to be Exhibit "A." Strict proof at
time of trial is demanded.
7. Admitted in part and Denied in part. It is admitted that certain services
were to be provided by Plaintiff to POSG under the agreement between the parties. It is
denied that said services were to be provided to only clients of POSG who purchased
office furniture or that the services were designated to be provided as a
"subcontractor."
8. Denied. The agreement between the parties was oral in nature and subject
to modification. It is admitted that Troy Page submitted the "Position Results
Description" document which memorialized certain performance standards to be met
by Plaintiff and payment for that service if provided by Plaintiff.
9. Denied. The averments of this paragraph attempt to characterize an oral
contract and/or "Position Results Description," which agreement and/or document
speaks for itself. By way of further answer, it is specifically denied that the document at
114963 2
Exhibit "A" obligates either party to perform services for any period of time. Plaintiff
having been the scrivener of the document and responsible for the drafting of its
language, did not state anywhere within the document that the serviced would be
provided for any specific period of time, let alone the alleged six-month period as stated
in Paragraph 9. Strict proof at time of trial is demanded.
10. Denied. Plaintiff failed to perform the services as set forth in Exhibit "A"
in a professional or workmanlike manner.
11. Admitted in part and Denied in part. It is admitted that POSG requested
Plaintiff to provide certain services and compensated Plaintiff for these services at a rate
of $1,923.08 biweekly between the period of March 1, 2005, through or on about March
10, 2006. It is denied that POSG accepted all of those services. To the contrary, POSG
expressed to Plaintiff that services were not performed in an acceptable manner and
sometime thereafter did not request any further services be provided.
12. Denied. It is specifically denied that POSG has failed or refused to make
payment for services provided under the Agreement. To the contrary, Plaintiff has
been compensated for all services provided. Strict proof at time of trial is demanded.
13. Denied. It is specifically denied that POSG has failed or refused to make
payment for services provided under the Agreement. While it is admitted that POSG
has refused to make payment to Plaintiff in the amount of the demand for $13,461.56,
POSG did not authorize and did not accept nor receive services under an Agreement for
a representative value of $13,461.56. Invoice No. 616 (attached as Exhibit 1) of Systems
Plus Office Service, Inc., is not an invoice which was ever issued to POSG during the
114963 3
parties' business relationship but rather is an invoice created by Plaintiff on or about
January 15, 2007, for the only purpose of misrepresenting any agreement between the
parties and falsely claiming monies owed to them. POSG has paid Plaintiff in full for all
services which were provided to it.
WHEREFORE, Defendant, Pennsylvania Office Service Group., Inc., respectfully
requests this Honorable Court enter judgment in its favor and against Plaintiff and
award such other relief as allowed by law.
COUNT II
Breach Of Contract
14. The responses to Paragraphs 1 through 13 are incorporated herein as if set
forth in full.
15. Admitted in part and Denied in part. It is denied that services as alleged
in Count I were provided by Plaintiff to POSG. While it is admitted that other services
were provided by Plaintiff to POSG which pertain to certain office furniture installation,
the remaining averment of this Paragraph 15 is so broad and provides no specific detail
and therefore POSG is unable to respond with any further detail.
16. Denied. The averment of this paragraph has no specificity with regard to
what services are alleged to have been performed and at what request of Defendant. As
a result of lack of specificity in this averment, POSG denies that "all said services were
performed" at its request. It is admitted that POSG did request and Plaintiff did
perform services which are not set forth in Count I.
114963 4
17. Denied. The averments of this paragraph fail to provide specifics with
regard to what services or what other necessary conditions are referenced. As a result,
POSG denies this averment. It is specifically denied that Plaintiff fulfilled all other
necessary conditions when providing the services which were requested by POSG.
18. Admitted. It is admitted that Plaintiff has billed POSG for all services
allegedly performed by Plaintiff at POSG's request and that bills were received by
POSG.
19. Admitted in part and Denied in part. It is admitted that POSG has paid
Plaintiff for part of the invoiced services which POSG feels were adequately provided.
POSG has continued to pay Plaintiff for the unpaid invoices it admits to be owed by it
to Plaintiff on a monthly basis. POSG's current cash flow has not allowed it to make
full payment at one time.
20. Denied. It is specifically denied that the total amount due is $28,328.07.
Strict proof at time of trial is demanded.
WHEREFORE, Defendant, Pennsylvania Office Service Group., Inc., respectfully
requests this Honorable Court enter judgment in its favor and against Plaintiff and
award such other relief as allowed by law.
COUNT III
Unjust Enrichment
21. This is an incorporation paragraph to which no responsive pleading is
required.
114963 5
22. Admitted. It is admitted that certain services were provided by Plaintiff
and accepted by POSG as set forth in Paragraph 15 above.
23. Denied. It is denied that POSG has been compensated by the third-party
end-users for Plaintiff's alleged services. Strict proof at time of trial is demanded.
24. Denied. It is denied that POSG has received "full payment" for alleged
services. Strict proof at time of trial is demanded.
25. Denied. The averments of this paragraph constitute a conclusion of law to
which no responsive pleading is required.
26. Denied. The averments of this paragraph constitute a conclusion of law to
which no responsive pleading is required.
WHEREFORE, Defendant, Pennsylvania Office Service Group., Inc., respectfully
requests this Honorable Court enter judgment in its favor and against Plaintiff and
award such other relief as allowed by law.
Dated: MAK I1 2000?
%J 9
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By ? i QOJ O
Glenn R. Davis
Attorney I. D. No. 31040
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Defendant, Pennsylvania Office
Service Group, Inc.
114%3 6
VERMCATION
The undersigned hereby verifies that the statements of fact in the foregoing are
true and correct to the best of my knowledge, information and belief. I understand that
any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4944,
relating to unworn falsification to authorities.
Dated:_ M 2007
Linda C. Till, President
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Answer to Complaint was served by facsimile transmission and first-class
United States mail, postage prepaid, upon the following:
Mark K. Emery, Esq.
Law Offices of Mark K. Emery
410 North Second Street
Harrisburg, PA 17101
(717) 238-9884 (facsimile)
Dated: aZ6 -7
, /"". , , , Y'? ? ,
Helen Samuels
Legal Secretary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-01508 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SYSTEMS PLUS OFFICE SERVICE
VS
PENNSYLVANIA OFFICE SERVICE
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
PENNSYLVANIA OFFICE SERVICE GROUP INC the
DEFENDANT , at 1129:00 HOURS, on the 21st day of March , 2007
at 309 SOUTH TENTH ST
LEMOYNE, PA 17043 by handing to
MARY JO KYLE, CONTROLLER, 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 18.00
Service 15.36
Postage .39
Surcharge 10.00
.00
h/?ON?67 V 43.75
Sworn and Subscibed to
before me this
of
So Answers:
R. Thomas Kline
03/21/2007
MARK EMERY
By:
day Deputy eriff
A. D.
a
SYSTEMS PLUS OFFICE
SERVICE, INC.,
Plaintiff
vs.
PENNSYLVANIA OFFICE
SERVICE GROUP, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1508 CV
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFFS' MOTION TO COMPEL ANSWERS TO DISCOVERY
AND NOW, comes the Plaintiff, by and through its counsel, the Law Offices of Mark K.
Emery, and files this Motion to Compel Answers to Discovery, as follows:
1. Plaintiff served Interrogatories and a Request for Production of Documents upon Defendant
on June 14, 2007. Copies of such discovery requests are attached and incorporated herein as
Exhibits "A" and "B", respectively.
2. Defendant has failed to respond to the discovery requests in the time set by the Pennsylvania
Rules of Civil Procedure.
3. Defendants have not served objections to the discovery.
4. Due to other previous delays and dilatory conduct, Defendant was advised that Plaintiff
would move for this present Motion absent a timely response.
5. Defendant's counsel has stated that the responses would be provided, but has not done so in
the period of time promised.
6. Absent an Order of court, it is clear Defendants will not respond to the outstanding discovery
requests.
WHEREFORE, Plaintiffs respectfully request this Honorable Court Order Defendants to
fully respond to Plaintiffs' Interrogatories and Request for Production of Documents within 15
(15) days, or suffer the appropriate sanctions.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By:
Mark K. Emery, Esquire
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: August 3, 2007
SYSTEMS PLUS OFFICE
SERVICE, INC.,
Plaintiff
vs.
PENNSYLVANIA OFFICE
SERVICE GROUP, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1508 CV
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S FISRT SET OF WRITEN INTERROGATORIES
These Interrogatories are propounded pursuant to the Pennsylvania Rules of Civil Procedure
and are to be answered by the Defendant in accordance therewith. Defendant is required to answer
these Interrogatories in writing under oath, based upon all information available to it and to its
attorneys, employees, and other agents, or representatives. Defendant is also required to serve
answers to these Interrogatories within thirty (30) days, to the offices of Plaintiffs counsel, The Law
Offices of Mark K. Emery, 410 North Second Street, Harrisburg, PA 17101, and supplement its
answers in accordance with the Pennsylvania Rules of Civil Procedure.
Instructions
1. The following Interrogatories are to be answered in writing, verified, and served upon
the undersigned within thirty (30) days of service upon you. Objections must be signed by the
attorney raising the objection. In answering, you must furnish any and all information available to
you, your employees, representatives, agents and attorneys. Your answers must be supplemented
and amended as required by the Pennsylvania Rules of Civil Procedure.
2. With respect to any claim of privilege or immunity from discovery, you must identify
the privilege or immunity asserted and provides sufficient information to substantiate the claim.
3. In lieu of identifying documents in response to these Interrogatories, you may provide
copies of such documents with appropriate references to the corresponding Interrogatories.
4. These Interrogatories shall be construed and interpreted in accordance with the
Pennsylvania Rules of Civil Procedure.
Definitions
1. "Document", when used herein, means any record, including any object which
contains written, printed, typed or magnetically recorded information, a graphic or photographic
representation or sound, however produced or reproduced. Document includes an original or
any copy of any statement, report, letter, memorandum, book, article, note, blueprint, drawing,
sketch, photograph, motion picture, videotape, phonograph, compact disc or any other sound
recording. Document also includes any card, disc, magnetic tape, printout, data cell, drum and
any other data compilations designed for the storage of information in conjunction with a
computer or any other word/data processing system.
2. "Identify" or "Identity", when used herein with respect to:
a. A natural person means to state:
i. the person's full name;
Ii. the person's present or last known address; and
iii. the person's employer and employer's address at the time of the events referred to in the
Interrogatory.
b. An entity other than an individual, including a corporation, partnership, limited liability
company or partnership, unincorporated association, governmental agency, etc. or a subsidiary,
division, or subdivision thereof, means to state:
i. Its full corporate name;
ii. the date and place of incorporation, if known;
iii. the present or last known address of the entity; and
iv. if applicable, the full names and present or last known address of the entity's subsidiary,
division or subdivision.
c. A document, as defined above, means to state:
i. the nature of the document (i.e. whether it is a report, statement, letter, etc.);
ii. the title of the document, or if no title, a description of the document sufficient to identify
same;
iii. the identity of the person(s) who prepared the document;
iv. the identity of the person(s) for whom the document was prepared or to whom the
document was directed;
V. the date the document was prepared, and
vi. the identity of the present custodian of the document or any copy of the document.
d. An oral communication means to state:
i. the date the communication occurred;
ii. the place where the communication occurred;
iii. the substance of the communication;
iv. the identify of the person(s) who made the communication;
V. the identity of each person to whom such communication was made; and
vi. the identity of each person who was present when such communication was made.
e. Any other context means to provide a description with sufficient particularity that the
thing may thereafter be specified and recognized, including relevant dates and places, the
identification of relevant people, entities, and documents.
3. "Person", when used herein refers to a natural person, association, partnership,
corporation, or government agency.
Identify all Officers and Directors of Defendant for years 2004 to the present.
ANSWER:
3. Identify each service provided by Plaintiff to Defendant, and in addition identify:
a. Dates such service was provided.
b. The amount charged by Plaintiff for such service.
c. The amount paid and date such payment was made by Defendant.
ANSWER:
4. Identify each service provided by Plaintiff that was not performed in a professional or
workman like manner and in addition identify:
a. Any specific defect or deficiency of the service.
b. The date such service was provided.
c. Date and manner in which Defendants notified Plaintiff that such service was not
satisfactory.
d. The end user who received such service.
e. The amount paid to Defendant by such end-user, and the date payment was received.
ANSWER:
5. Identify specifically when Defendant expressed to Plaintiff that the services provided were
not performed in an acceptable manner, and in addition identify:
a. The date the parties were involved in such communication.
b. All documents, correspondence or other written evidence that Defendant provide said
notice.
ANSWER:
6. In regards to paragraph 17 of Defendant's Answer, identify specifically all conditions that
Plaintiff failed to fulfill when providing the services as requested by Defendant.
ANSWER:
A
7. In regards to paragraph 19 of Defendant's Answer, identify specifically which part of the
invoices Defendant has paid and which specific parts of the invoices Defendant admits are
still owed.
ANSWER:
Identify each end user for any services provided by Plaintiff to Defendant, and in addition
identify:
a. The specific service provided to each end user.
b. All written contracts between Defendant and each end user.
The amount paid to Defendant by each end user, and date payment was received.
ANSWER:
9. Identify all complaints made by end users, identifying each specific end user who made
such complaint, regarding the services provided by Plaintiff.
ANSWER:
s
10. Identify all monies lost due to the alleged deficient services provided by Plaintiff, and in
addition identify:
a. The specific end user who has failed or refused to make payment.
b. All contracts with such end-user.
C. The specific reason each end-user has failed or refused to make payment.
ANSWER:
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
By: %
Mark K. Emery, Esquire
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: June 14, 2007
At
CERTIFICATE OF SERVICE
AND NOW, this 14`h day of June, 2007, I, Mark K. Emery, Esquire do hereby
certify that I have served the foregoing First Set of Written Interrogatories by mailing a
true and correct copy via United States first class mail, addressed as follows:
Glenn R. Davis, Esquire
Latsha, Davis, Yohe & McKenna, P.C.
1700 Bent Creek Blvd, Suite 140
Mechanicsburg, PA 17050
LAW OFFICES OF MARK K. EMERY
/
By
G'
Mark K. mery
SYSTEMS PLUS OFFICE
SERVICE, INC.,
Plaintiff
vs.
PENNSYLVANIA OFFICE
SERVICE GROUP, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-1508 CV
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
TO: Pennsylvania Office Service Group, Inc.
C/o Glenn R. Davis, Esquire
Latsha, Davis, Yohe & McKenna, P.C.
1700 Bent Creek Blvd, Suite 140
Mechanicsburg, PA 17050
YOU ARE HEREBY REQUESTED, pursuant to Pa. R.C.P. 4009, to produce the following
documents and other physical objects for inspection and copying, within no more than thirty (30)
days after service hereof, at the offices of Plaintiffs counsel, The Law Offices of Mark K. Emery,
or alternatively, by delivering copies of the same to the Defendant's counsel at the aforesaid
address. This Request for Production of Documents is deemed continuing so as to require a
supplemental answer if Defendant, or Defendants' agents or representatives obtain other
information between the time the answers are served and the time of trial.
Documents for which a proper claim of privilege can be substantiated are expressly
excluded from this request, except that Plaintiff requests that Defendants identify all documents
for which privilege is claimed, and specify the exact grounds upon which the claim for privilege is
based.
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DEFINITIONS AND DIRECTIVES
The following request to produce is governed by the following definitions and
directives:
1. "Defendant" shall mean Pennsylvania Office Service Group, Inc., its agents,
servants and employees.
2. "Document" shall mean all forms of recorded data or information, including
writings of any kind, including the originals and all non-identical copies, whether different from
the originals by reason of any notation made on such copies or otherwise (including, without
limitation, correspondence memoranda, notes, work sheets, diaries, statistics, letters, telegrams,
telex, telefax, minutes, contracts, reports, studies, checks, statements, receipts, returns,
summaries, pamphlets, books); notations of any sort of conversations, telephone calls, meetings or
other communications; bulletins or printed matter of any type, and all forms of drafts, notations,
workings, alterations, modifications, changes or amendments of any of the foregoing; graphical or
oral records or representations of any kind (including, without limitation, photographs, films,
charts, graphs, videotapes, recordings, and motion pictures); and electrical records or
representations of any kind (including, without limitation, tapes, cassettes, disks and recordings).
3. "Pertain to" shall be interpreted to include relating to, referring to, reflecting,
regarding, constituting, concerning or having as its subject matter, in any manner whatsoever,
directly or indirectly, expressly or implied, the subject matter of the specific request.
4. "Communication" includes, but is not limited to, all written or oral discussions,
statements, conversations, memoranda, notations, letters, notices or any document.
5. If any request for documents is deemed to call for production of privileged or
work product materials and such privilege or work product is asserted, identify in writing each
document so withheld. If only a portion of a document is privileged or work product, then redact
and identify such portion thereof that is withheld. With regard to all documents or all portions of
documents withheld, provide the following information:
(a) The reason for withholding the documents;
(b) The statement for the basis of the claim of privilege, work product
or other ground of non-disclosure;
(c) A brief description of the document,
including:
(i) the date of the document;
(ii) number of pages, attachments and
appendices;
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(iii) the names of its author, authors or
preparers and an identification by
employment and title of each such
person;
(iv) the name of each person who was sent,
or shown blind copies or carbon copies
or has had access to or custody of the
document together with an identification
of each such person;
(v) the present custodian; and
(vi) the subject matter of the document and in
the case of any document relating to or
referring to a meeting or conversation,
identification of such meeting or
conversation.
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REQUESTED DOCUMENTS
1. All documents identified in Defendant's Answers to Plaintiff s First Set of written
Interrogatories.
2. Defendant's Articles of Incorporation.
3. Defendant's By-Laws.
4. Defendant's Share Register.
5. All minutes of Defendant's Board of Director's meetings from 2004 to present date.
b. All correspondence directed to or from Plaintiff and Defendant.
7. All invoices, statements or other bills sent to Defendant by Plaintiff.
8. The copies of all checks, check registers or other documents evidencing all payments
made by Defendant to Plaintiff.
9. All documents evidencing that Plaintiff failed to perform services in a professional and
workman like manner.
10. All documents evidencing or supporting Defendant's allegation it advised Plaintiff that its'
services were not performed in an acceptable manner.
11. All contracts or agreements Defendant had with third party end-users to which Plaintiff
provided services.
12. All documents evidencing or memorializing the services provided by Plaintiff to
Defendant.
13. All documents provided by Defendant to Plaintiff.
14. All documents provided by Defendant to Plaintiff in which services were requested from
Plaintiff.
15. All Profit/Loss or other internal financial statements of Defendant from 2004 to the
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present.
16, Defendant's federal tax returns for the years 2004 to the present.
17. All checks, invoices or other documents evidencing all payments made by third party end
users to Defendant for charges to such entities as a result of the services provided by
Plaintiff.
18. All documents evidencing, as asserted in paragraph 23 of Defendant's Answer, that
Defendant has not been fully compensated by third party end users.
19. All documents evidencing any complaints made by third party end users regarding the
services provided by Plaintiff.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
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By:
Mark K. Emery, Esquire
Supreme Court I.D. No. 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Plaintiff
DATE: June 14, 2007
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CERTIFICATE OF SERVICE
AND NOW, this 14'h day of June, 2007, I, Mark K. Emery, Esquire do hereby
certify that I have served the foregoing First Request for Production of Documents by
mailing a true and correct copy via United States first class mail, addressed as follows:
Glenn R. Davis, Esquire
Latsha, Davis, Yohe & McKenna, P.C.
1700 Bent Creek Blvd, Suite 140
Mechanicsburg, PA 17050
LAW OFFICES OF MARK K. EMERY
By: -< ?-- -
Mark K. Emery
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CERTIFICATE OF SERVICE
AND NOW, this 3`d day of August, 2007, I, Mark K. Emery, Esquire do hereby
certify that I have served the foregoing Motion to Compel Answers to Discovery by
mailing a true and correct copy via United States first class mail, addressed as follows:
Glenn R. Davis, Esquire
Latsha, Davis, Yohe & McKenna, P.C.
1700 Bent Creek Blvd, Suite 140
Mechanicsburg, PA 17050
LAW OFFICES OF MARK K. EMERY
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Mark K. Emery
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SYSTEMS PLUS OFFICE
SERVICE, INC.,
PLAINTIFF
V.
PENNSYLVANIA OFFICE
SERVICE GROUP, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: NO. 07-1508 CIVIL
ORDER OF COURT
AND NOW, this 8th day of August, 2007, upon consideration of the
Plaintiff's Motion to Compel Answers to Discover,
IT IS HEREBY ORDERED AND DIRECTED that Defendant shall provide
full and complete answers within 20 days of the date of this Order, or suffer
appropriate sanctions.
By the Court,
A
M. L. Ebert, Jr., J.
/ark K. Emery, Esquire
Attorney for Plaintiff
Xenn R. Davis, Esquire
Attorney for Defendant
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