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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17011
Plaintiff, Civil Action No. 99, 3v33 l?u?.;? Tw
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants.
NOTICE TO DEFEND
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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Dar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 299-3166
tl
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff, Civil Action No. 99. ?y33 C ?'"-e
v.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants.
C O M P L A I N T
1. Plaintiff Fry Communications, Inc. commences this
action to recover compensation for printing services performed by
'plaintiff.
PARTIES
2. Plaintiff, Fry Communications, Inc. ("Fry") is a
corporation organized and existing under the laws of the
Commonwealth of Pennsylvania with its principal place of business
at 800 West Church Road, Mechanicsburg, Pennsylvania 17055. Fry
is engaged in the business, inter a.]la, of commercial printing.
3. Defendant Latino's Yellow Pages, Inc. ("LYP") is a
corporation organized and existing under the laws of the
Commonwealth of Virginia, with a place of business at 8027
Leesburg Pike, Vienna, VA 22182.
4. Defendant C&G Imports, Inc. ("C&G") is a
corporation organized and existing under the laws of the
Commonwealth of Virginia, with a place of business at 936 North
Kenmore Street, Arlington, VA 22101.
5. Upon information and belief, LYP and C&G operate
as alter egos for each other or as agents for each other.
FA-MAL• AL•L•E(i MIM
6. In the Fall of 1998, Fry and LYP entered into an
agreement to provide printing services to LYP for the printing of
"El Directorio De Los Latinos 1998-99," (the "Directory") a
telephone directory of Latino merchants. A copy of the agreement
is attached hereto as Exhibit A.
7. Defendant C&G submitted a credit application for
the printing of the Directory.
8. Based upon C&G's credit application, Fry extended
to C&G a $40,000.00 line of credit for the printing of the
Directory contingent upon a $15,000.00 prepayment toward the cost
of printing the directory. a= Exhibit "B" hereto.
9. Defendants prepaid $15,000.00 toward the cost of
printing the Directory.
2
COUNT I - BREACH OF CONTRACT
(AGAINST LATINO'S YELLOW PAGES. INC.)
10. Plaintiff incorporates herein paragraphs 1 through
9 as though fully set forth.
11. Fry has submitted to LYP its invoice number 3647,
(Exhibit "C", attached) for the outstanding balance owed for
Fry's services.
12. Payment of the invoice, totaling $47,369.00 is
past due, and LYP failed and refused to pay said amount in breach
of its agreement with Fry.
WHEREFORE, plaintiff demands judgment against
defendants in the amount of $47,369.00, together with interest
and the costs of this action.
COUNT II - ACCOUNT STATED
(AGAINST C&G IMPORTS, INC.)
13. Plaintiff incorporates herein paragraphs 1 through
12 as though fully set forth.
14. Fry performed printing services for LYP upon the
open account of C&G, for which Fry rendered its invoice no. 3647,
attached hereto as Exhibit "C.11
15. C&G has failed and refused to pay $47,369.00 due
upon the aforesaid invoice.
WHEREFORE, plaintiff demands judgment against
3
defendants in the amount of $47,369.00, together with interest
and the costs of this action.
Date: May 27, 1999 ,? ??-'ffTZ4-
Robert A. Swift
Craig W. Hillwig
KOHN, SWIFT & GRAF, P.C.
1101 Market Street, Suite 2400
Philadelphia, PA 19107
(215) 238-1700
Theodore A. Adler
REAGER & ADLER, P.C.
2331 Market St.
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
4
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PUBLICATION, CATALOG AND
BOOK PRINTING SPECIALISTS Page I
Number: 25071 R1
PROPOSAL November 27, 1998
Requested by: Bill Early a (630) 416-0980
Latino Yellow Pages
Attn: Mr. Alex Christopherson
6027 Leesburg Pike
Vienna, VA 22162
PHONE NUMBER: (703) 821-7600 FAR NUMBER: (703) 821-5979
JOB TITLE: Latino Yellow Pages
QUANTITY: 25,000 Copies +/- 2t Variance
PAGES: 400 pages + Cover + 3 Tabbed Inserts.
TRIM SIZE: 6-7/8 x 10-7/8 + Bleeds
PREPRESS: Cover 1$4 and OSO of Inserts G Community pages: Output and strip
one neg per color per page from supplied disk.
Cover 2s4 and OSO of Inserts: Strip one neg per color per page
from supplied RRED composite page negatives.
Remaining Text Pages: Shoot and strip one neg per color per page
from supplied camera Copy. Printer to produce all color breaks
and knockouts. Supply one set of Bluelines for text and color
keys for all 4/C pages. All other prep work is additional.
Fry will not be responsible for color accuracy and/or product
color match if the Customer does not supply either a proof for
color control or an approved "OK to.Princ" press sheet.
PRESS: Cover - Sheetfed - 4/C Process, 4/4 plus Varnish coat C1 4 C4.
Text - Heatset Web Offset - 1/1 and 3/3 (See breakdown).
Inserts- Sheetfed - 4/C Process, 4/4.
Note - When Sheetfed and heatset items are trimmed together,
the heatset item will regain moisture after trimming
and "grow- to a slightly larger than the Sheetfed item.
COVER PAPER: IOPt C2S Bs.38+24 9 $73.75/CAT
TEXT PAPER: 6014 Coated No.3 Bs.25.36 G $43.25/CWT
3514 Premium 70 Bs.25+38 ® $31.00/CWT
(minimum 06 week order time required)
Paper is subject to availability and price prevailing.
BINDING: Perfect Bind with 3 tabbed inserts. Inserts to be diecut and
folded in for the Perfect Bind process.
PACKING t, Bundle in convenient packages and bulk. pack on skids. All
DISTRIBUTION: freight is F.o.B. Mechanicsburg.
SCHEDULE: To be agreed upon.
TERMS: As Established.
FRY COMMUNICATIONS, INC.
H(IO West Church Road, Mechanicsburg, PA 17055
z,
Lation'G Yallnw Panac. Tnr.
LATIO27 22102900'1 1(c46 429 0'-7/26/99
FORWARD TIME EXP RTN TO SEND
:LATINOS YELLOW PAGES INC
PO BOX 111
FALLS CHURCH VA 22040-0111
RETURN TO SENDER
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OFFICE OF PROTHONOTARY
Cumberland County, i;a'?rlisle, PA 17013
Date .9 Po.? ?
This is to notify you that
T.?
Listed for Argument on _?JC{ _ /QG
Cumberland County Argument Court Rules 210.1 through 210-14 shall be strictly
enforced. If the issue was listed for prior argument you must re-file your brief as
per Local Rule 210.11.
Curtis R. L ng
PROTHONOTARY
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Page 2
Number: 25071 R1
MANUFACTURE:
400 Text Pages + 4 Page Cover
PAPER COST:
Cover: 1OPt C2S
Text: 60# Coated N0.3
Text: 35# Premium 70
TABBED INSERTS
Manufacture 3 inserts:
Paper Costs: SPt C2S
2,5,-U-0.
$35,231.25
$3,819-00
$2,645.00
$11,834.00
$5,696.25
$3,326.25
Total= $60,551.75
$441.98
$65.29
$222.39
$329.78
$171.04
$125.91
$1,356.39
Printing Breakdown:
16 pp printing 4/4 on 60# Coated No-3
2 pp 4/4 on 8Pt C2S
40 pp Printing 1/1 on 35# Premium 70
2 pp 4/4 on 8Pt C2S
16 pp Printing 4/4 on 60# Coated No.3
40 pp Printing 2/2 on 35# Premium 70
2 pp 4/4 on 8Pt C2S
288 pp Printing 3/3 on 35# Premium 70
A:I material must be provided in accordance with Schedule C'Sptd6catiom for fumdhed meeriats,' which is attached. .
---------------------------------------------------------------------------------------------------------
Ail packing and distribution is FOB Nathan:csburg,PA, and Is done according to try requirements. -------------- ._
----------------------------------------------------------------------------------------
Prices for paper and materials in this proposal art based on the market price as of the date of the proposal. Any future increase
or decrease in prices of them matedds to the printer prior to production will resu!t in an autom3k adjustment of the prices herein. -------
_-•-••__--•...e thorn nn there ,,te side. this owVsat becomes a enntnct when accepted by an audsorited repraentativt of your Company
05/20/99 17:09 FAA 7909512 CUSTHER SERVICE
TERMS AND CONDITIONS
Payment: Unless otherwise specified, the terms are Net Thirty (30) Days, due and
as able thirty (30) days from gg the date of invoice covering the work authorized by
iha cot Cenct. t Afinance e charged on a all ( past qua balances until paid. t It is
under rood aner d annum) chat b aggreed drat awe Is of the essence in lhif coronet, and if the
Customer defaults to ho payment of any part hereof, the entire amount of the con.
tract shell Immediately become due and payable without nonce at the option of
Printer, together with ell casts of colleeaon, Including reasonable attorney's lees if
collected bylaw or hmugh an attorney. In the event Customer defaults In making
env payment under this or any other contract cunently being performed for
d under this eanvad
tact mice tax an pdnted
1 t he resumed to Printr h Customer, with corsetUom, If9?Paiesed• Unless otherwise
stomer by Printer, Printer may suspend pe ormonce SALES TAX: Customer m
PRODUCTION:
A) Prools: All D
any, noted and
QUALITY OF WORK: The Printer will we to
ful to the materials furnished by Customer. I
and reasonable variation in color between I
Lute acceptable work.
TITLE: Title and risk of loss or damage to fin
Customer upon the earlier of delivery to the
(F.O.B.: Flt's shipping dock), or delivery into
port medium or storage facilides are owned
whelhr we charge you for storage.
QJ 002
J, IV > L:: Ic:l
r (a- 41 At
le of orts to reproduce ropy faith.
I shrinkage or expansiot or paper
ane 'wished product shall consti•
s enI•finished Work veili pass to
rases Postal Service or to carry
re lardless of whether the vans.
pr rated by us and regardless of
quoted d o t iot include sales tae.
ALTERAT10NSS No handvrtitten altemtiom to the typ: written portions of this agree-
ment are valid unless initialed by Printer and Custome'. Any changes to the original
spedfications of this agreement after acceptance by sfinter will a billed as extra
e er. Cus tons p charges At Printer's usual rates.
mainin on hand as the I th . P ' t I
roo s ere o
marked "O with rions," an signed property authorU
Iter is not respons .K ible le for errors In work print ed in accordance with
, In the absence of signed 0.1t., the return of proof shall be sufficient
It the Printer to print, unless a revised proof Is requested.
t r is res onsible for payment for any paper which Fry
has stocked for Customers publlcoUon, Including paper re g 9 is
a er
p
resort of Publishes changing printers, dlsc0 Inuing publication, or than ing
requirements. The Printer reserves the rightIsubstitvo comparable paper of a
manufacturer different than that designated uneu'No Su6satution" is s eofied.
e) 6urnlshod Paper. Customer furnished paper must be of a quality suitable for eHl•
dent and economical production. Sufficient additional pa ¢r as specified by lha
Printer most be furnished to allow for normal spoilage. The Printer reserves the ng n
to reject any furnlshed paper which the Printer determines Is not suitable to run an
its presses.
d) overruns and Underruns: A variation in the ordered quantity as specified on
this reverse side shall constitute acceptable delivery • price to be adjusted accordingly.,
on'
Srhe dule will be mu ua ly agrcedrupont in writing betweenihadCUS1t me rondtlha
act are
Printer for all work o be performed on this contract Th e prices In this contr date or
trued uppoon full Camp liance with said schedule and any deviation from the Agreed It in
ado el?ul' on (the or downUmat Or osver 0 Incurred by Print r d eeto slid dew a
Uon ddfrom ha schedule. In any case, no add.Uonis work will he performed of the
Printer until such r¢vised schedule andfor pricing Is approved by the Customer.
POSTAGE AND FREIGHT: Customer shall pay Printer in advance for all postage. As
by
framing rythenCust mer?asnshipper, such common shicarrier pmentsito to collect ordp prepaid Customer
Customer absent agreement to the contrary. Customer releases Printer from any lia•
bility for nondelivery or late delivery of printed material.
PAPER STORAGE CHARGES: The Printer will provide storage for the Customers
paper subject to the following charges. Rolls held In excess of the Customer's Am-
age requirement for two months will incur a charge of S.57 per Cwt (minimum S50)
per month, Skids of sheeted stock held in excess of the Customer's average require-
ment for two months will incur a charge of $15.00 per Old (minimum $50) per
month. The average for two months will be determined by averaging previous
months' activity, going back 12 months. Paper that has been held for six months
with no activity will Incur a charge of f.57 per CWL (minimum S50) per month.
However, If a Customer prints less frequently than rout times a year, the Printer will
not charge storage for 125% of the paper requirement for the calendar month
before and during the Customer's month of production and will not charge storage
for 25% of the paper requirement for the calendar month after his prodguction. All
and
storage will remain unpaid for quantity 0 days, P ntr shat havesthe tight to edemmonth,
that Customer remove he paper from Printer's ands falls
proceeds to
the paper after 20 days' nonce, Printer may sell the p
for Its own account at market Printer ratesshall also have the right to pur•
papers storage costs and costs
chase tom he less
MATERIAL STORAGE: Storage of finished goods, Inserts, covers, cartons, and atr
other material will be free for up to 30 days prior to, and 30 days after, he original-
ly scheduled print date. Finished goods and other material received earlier than 30
days prior to, or remaining In storage 30 days after, the originally scheduled print
11
rate of 52155 per skid or pal eL per month lot
date will be charged for storage At
portion thereol). Skids may not contain more than 2,000 pounds of material.
d f 04
All of the prices, specifications, terms and conditions as shown herein ore hereby acknowledge o i:' ocal., •
NICA'fiONS 1'''C
Accepted for
By
Title
Date of Acceptance -----
INDEMNITY: Customer will indemnify, and agrees to save harm ess, I stn er, is
and from any and all damages, losses,1lees and costs winch the Printer may incur, sus.
Lain, or softer, as rho result of any claim, charge, or suit based upon any allegations
Of libel, obscenity, unlawful matter, Intringem¢nt for misuse of copy, pictures, por•
waits, photographs, or other material, published b? me Customer, and set, phted,
m now edged this tha Print, aslennI0
com?+sl weethesamle; std anysuep-
i[onod and ack
pressions, Ipounding or seizure of printed matter, I?:cause of libelous, obscene er
unlasvlul matter, inrn 9 ement of misuse, shall not rcLmse the Customer f Wm liability
to the Printer tot momes to be paid under the terms o this Agreement.
LIABILITY: The Printer shall not be liable for non-pe:''ormance resulting from wars,
restrictions, national emergency, strikes, fires, floods, c.r other casualties, riots, insur•
rections, accidents, delays or accidents in transportation, or acts or defaults of sub.
contractor, or suppliers or to obtain power or bari postaaon facilities, rules and
restricdom by low orgovemment agency during periods of national emergenc) and
..Thor rarer beyond the Printery control, whether a' not the cause be iA a class or
NED HEREIN ARE THE SOLE
Accepted for FRY COMMU ,
By
Tale --
Date of Acceptance -
TO
SUBSEQUENT PRINTING JOBS: To facilitate and emedite the pages' dealings on
future printing jobs, it is agreed that the terms sat fort s an this page shall apply to all
future printing joss unless amended or Contradicted by : writlng signed by both parties.
MISCELLANEOUS: The Printer reserves the right o perform any and all work
described in this contract in its own plant or in the p i nt of any affiliated company or
to subcontract In whole or in part.
No addendum to or amendment in the provisions of this Agreement sell be effec-
tive or binding upon a party hereto unless embodied in a written instrument txeCUt•
ed on behalf of such party by an authorized represe't alive.
The Production Schedule, when pre lry exectsul as berein provided, and any
attachment(s) herein referred to an attacheedd hereto constitute a part of this contract.
This contract contains the entire Agreement of the parties and no inducements,
representations, promises, agreements, or undetsunr.ings, oral of in writing between
the parties, not embodied hrein or subsequently nssde ¦ part of hrecolby be of prop.
Adis, executed addendum or amendment hereto as herein provided,
force or effect.
Notwithstanding the toreguing, and recogniting both the trequenq of change
orders and press deadlines, Printer's written changrr order wAt to Customer shall
amend the temp of the specific job It is pertinent to vithotn the countersignature of
Customer, provided that Customer does not contrcr.ert the Change order within N
hours of receipt tho of by mall or fox. boy of me
TNs Agrarnera is made pursuant to and shall tat g.=-clss by Ccmmornwealrh of Prrnrytvrsut end Cudanr mruents o nsdiraon of ththe e coufs treed.
7
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SEP-02-1598 15:19 FROM
FRY COMM.1111 CRT IOHS TO 9 EARS)' P.002%092 ,Ir
w4
PUBUCATMK CATADG AND
BOOK pc(MR1c SPtcw"
July 2, 1998
C 6 G Imports, Inc.
Attn: Gavin Harks
936 N. Kenmore St.
Arlingtori, VA 22101
Dear Mr. Marks;
I am pleased to extend to your- company -a- credit line of
$40,000.00, with Net 30-Day Terms. Based on an agreement for the
printing of your first job, we are requiring the following
prepayment:
Based on An "ESTIMATE" of $55,000.00
$15,000.00 Prepayment of Paper
$40,000.00 Balance Due Net 30 Days
Approximately one week prior to an invoice becoming due, we
call new customers to confirm that our invoices have been received
and that they are in process for payment. A'e hope that you and
your staff will use this opportunity to present questions or
suggestions concerning our billing. We look forward to working
with yoar firm on this new endeavor.
5*.?lcez?ely,
Mary L" TRobbberts/
Controller
MLAldi.a
cc:G. Shughart,VP Sales
FRY COMMUNICATIONS, INC.
800 Well Church Roza. Nie"niaburg, PA 17055
Telephone: (717) 766-0211 you-1"rec: (600) 334-1429 Fax: (7171691-0341 WebsW: htp:/Mn?'w trytOrnrn.COR1
TOTAL P.W2
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05/17/9.9__91.:09_FAa 691.0341?? „ uao
LATINO YELLOW PAGES
Attn: Gavon Marks
8027 Leesburg Pike
Vienna, VA 22182
Title: LATINO YELLOW PAGE DIRECTORY
Size: 6 7/8' x 10 7/8'
Quantity: 25,000 Copies
Page Count: 16 Pages COMM
2 Pages - INSERT
40 Pages - WHITE
2 Pages - INSERT
16 Pages - COMM
40 Pages - WHITE
2 Pages - INSERT
288 Pages - YELLOW
Invoice pate: 11/28/98
Invoice No.: 3647
Program No.: 1 / 5141
i
• 60# Coated
8 PT., C/2/S
35# Prem 70
8 PT., C/2/S
. 60# Coated
. 35# Prem 70
B PT., C/2/S
4/Color Process
4/Color Process
Black Only
4/Color Process
• 4/Color Process
Black & PMS Red
4/Color Process
35# Prem 70 - Black, PMS Red & PMS Yellow
Cover: (4-4.4-4) w/VARNISH; 10 PT., C/2/S
BASE PRICE (25,000 Copies):
Paper ................................................................................. 19,624.25
Ma nufacturl ng ................................................................... 40,927.50
ADDITIONAL CHARGES:
Disk Output Filni ............................................................... 1,395.00
Federal Express ..........................................._..................... 47.75
Freight ................................................................................. 375.00
SUB-TOTAL ......................................................................... 62,369.50
Deposit (Check # 135) ........................................................ - 15,000.00
TOTAL (Net: 30 Days) ......................................................... $ 47.369.00
FRY COMMUNICATION5. INC.
800 West Church Road. Mechanicsburg, PA 17055
Telephone: (717) 766-0211 Toll-Free! (600) 334.1429 FAX! (717) 691.0301
FRY •ACC/IMAIT. + BOB SWIFT
FRY DS COST SVC
F oet•h' Fax Note 7671 Dale a+fl.??
PUBLIC
I3ooK
A0002/002
PAGE 01
io F,om
Co.IOOpL Cu.
Phone N Phono 9
ax. Fax!
I, Mary Roberts, hereby state I am the controller for
Fry Communications, Inc. and am authorized to make this
verification on its behalf. I have read the foregoing Complaint,
and state that the facts set forth therein are true and correct
to the best of my knowledge, information, and belief.
This statement is made subject to the penalties of
18 Fa. C.S. § 4904 relating to unsworn falsification to
authorities.
Mary R berts
Dated: May 27, 1999
VMS
Central Pennsylvania Legal Services
213-A Nort Front Strect, Hurlsburg, FA 17101-1492
(800)932-0356.(717)232-0581, Fax(717)232-7821, E-mall: cp1so5opld.nct QX`X' 1 9L/`1 f.'
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May 28, 1999
(e.
Thomas Williams, Esquire 40
c ('IBS
Reager & Adler 2331 Market Street
Camp Hill, PA 17011
RE: Sidney Dabney
Dear Mr. Williams:
The above client was referred to you through the Bar
Association/CPLS Voluntary Attorney Pro Bono Program on
March 8, 1999. At your convenience, please take a few minutes to
inform our office of the status of the case by filling out this
checklist and returning it to our office by fax or mail (see
letterhead above). If you have already closed the case, please
send the Case Closing Form to CPLS.
Case is closed
Case is open
Estimated time spent on case so far
Estimated length of time case will remain open
Hearing schedule
Other (Please explain)
(date)
Thank you for your attention to this matter. If you
have any questions, please call me at (717) 232-0581.
Sincerely,
Rhodia D. Thomas, Esquire
Voluntary Attorney Pro Bono
Program Coordinator
/rg
iinice"away
interoffice
M E M O R A N D U M
to: Reager & Adler
from: Debra Denison Cant
subject: 20 Anniversary Cele ration
date: June 2, 1999
The office will close tomorrow at 3:00 p.m. Everyone attending the party is to report to the West
Shore Country Club no later than 4:30 p.m. Staff setting up the front table should report at 4:15 p.m.
The attorney door assignments are as follows:
5:00 - 5:30: Julie
5:30 - 6:00: Susan
6:00 - 6:30: Linus
6:30 - 7:00: Deb (Monica)
7:00 - 7:30: Tom
7:30 - 8:00: Ted
The front table assignments are as follows:
5:00 - 6:00: Nellie & Linda
6:00 - 7:00: Linda & Rosemary
7:00 - 8:00: Can I have two volunteers please?
I have copied one set of the guest list for each floor. I am asking staff to review the list prior to the
party so that you are aware of the attendees. We are asking that staff not congregate in groups of
more than two. Please watch the food and contact a WSCC staff member if you think a display is
low. Please also watch the door to assist people entering the party with finding the bar and food
stations.
The attorneys are required to stay until 8:30 p.m. The staff may leave at their discretion. If a staff
member does not wish to attend the party, it is not a mandatory work function.
Thank you!
I
IISP-LLOU Vd'I1IH MW
133U1S 13AWN te¢L - ;,
- MV11V SA3NUOlltl
'9'd'U39OV V U3OV3U
FRY COMMUNICATIONS, INC.
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LATINO'S YELLOW PAGES, INC. : No. 99-3433 Civil
and
C&G IMPORTS, INC.
Defendants.
PRAECIPE TO NT R.IUDGMF.NT
To the Prothonotary:
Please enter judgment in favor of Plaintiff Fry Communications, Inc. and against Latino's Yellow
Pages, Inc, in the amount of $47,369.00 for failure to plead to Plaintiff's Complaint. The undersigned
hereby certifies that a 10-Day Notice of Plaintiff's intent to file the instant praecipe for default judgment
for failure to respond to Plaintiff's Complaint was mailed to Defendant Latino's Yellow Pages, Inc. A true
and correct copy of the aforesaid Important Notices are attached hereto as Exhibit A.
RESPECTFULLY SUBMITTED,
REAGER & ADLER, P .
7
By: -;
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
Date: September 28, 1999
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EXHIBIT
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FRY COMMUNICATIONS, INC.
V.
Plaintiff,
LATINO'S YELLOW PAGES, INC.
and
450 West Broad Street, #111
Falls Church, VA 22046
71ton'as O. Williams, Esquire
Attorney for Plaintiff
C&G IMPORTS, INC.
Defendants.
To: Latino's Yellow Pages, Inc., Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3433 Civil
You are hereby notified that on 3U, 19_gj by default was entered
against you in the sum of $47,369.00 in the above-captioned case. judgment y
DATE: -142t../?. 3y /9 9
_? Prothonotary
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 Liberty Avenue
Carlisle, PA 17013
(717`•249-3166
I hereby certify that the following is the address of the defendant stated in the certificate of
residence:
A Latino's Yellow Pages, Inc., Detnandado
Por este medio sea avisado que en el dia de de 19 , un fallo por
admision flue registrado contra usted por la cantidad de $47,369.00 del caso antes escrito.
Fecha: el dia _ de de 19
Protonotario
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Por este medio certifico que to siguiente es la direccion del demandado dicho en el certificado de
residencia:
450 West Broad Street, /#111
Falls Church, VA 22046
Thoinds O. Williams, Esquire
Abogado(a) de Demandante(s)
-2-
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
Plaintiff, Civil Action No. 99-3433
V.
LATINO'S YELLOW PAGES, INC. _
and
C&G IMPORTS, INC.;
u?
Defendants.
CERM Ca OY' S VI E
I, THOMAS O. WILLIAMS, verify that on September 14, 1999, I caused the Notice
which is attached hereto as Exhibit A to be placed in the United States mail, first class, postage
prepaid and addressed to Defendant Latino's Yellow Pages, Inc., c/o Manuel Christopherson, 450
West Broad Street, //111, Falls Church, Virginia 22046. A copy of the certificate of mailing is
attached hereto as Exhibit B.
Date: September 14, 1999
Attorneys for Plaintiff
i
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
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Exhibit A
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
Plaintiff, Civil Action No. 99-3433
V.
LATINO'S YELLOW PAGES, INC.
and
C&G IMPORTS, INC.
Defendants.
IMPORTANT NOTICT
TO: Lntino's Ycllo%v Pngcs, Inc.
c/o Manuel Christopherson
450 West Broad Strect,1t11I
Falls Church, VA 22046
DATE OF NOT] CE: September 14, 1999
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD M IC; THIS NOTICE
TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Date: September 13, 1999
Attorneys for Plaintiff
2
REAGER & ADLLR, P.L.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Exhibit B
POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOI
PROVIDE FOR INSURANCE-POSTMASTER
Received Flom:
kol&69- ? A ICI E12 I P. C . 14p
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C MP HILL , PA nod
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CFRTIFICATF. OF SFRVI F
AND NOW, this <-I+f^day of September, 1999, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and
addressed as follows:
Gavin D. Marks, President
C&G Imports, Inc.
936 North Kenmore Street
Arlington, VA 22101
Manuel Christopherson
Latino's Yellow Pages, Inc.
450 West Broad Street, 11111
Falls Church, VA 22046
THOMAS O. WILLIAMS, ESQUIRE
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FRY COMMUNICATIONS, INC.,
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
and C&G IMPORTS, INC.,
Defendants
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3433 Civil Term
ORDER
Upon consideration of the preliminary objections of Plaintiff, Fry Communications, Inc., in the
a nature of a motion to strike, the preliminary objections of C&G Imports, Inc., it is hereby ordered that
the preliminary objections of Fry Communications, Inc. are hereby granted. It is further ordered that
i
the preliminary objections of C&G Imports, Inc. are stricken. Defendant, C&G Imports, Inc., shall have
twenty (20) days from the date of this order in which to file an answer to the Plaintiff's complaint.
BY THE COURT:
FRY COMMUNICATIONS, INC.,
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
and C&G IMPORTS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-3433 Civil Term
PLAINTIFF'S PRELIMINARY OBJECTIONS
IN THE NATURE OF A MOTION TO STRIKE
THE PRELIMINARY OBJECTIONS OF C&G IMPORTS, INC.
1. The instant case was commenced by Plaintiff, Fry Communications, Inc. (hereinafter
"Fry"), by the filing of a complaint in this Honorable Court on or about June 7, 1999.
2. On or about June 23, 1999, Defendant, C&G Imports, Inc. (hereinafter "C&G"), filed
preliminary objections in the nature of a motion to dismiss the complaint.
3. The preliminary objections of C&G was signed and filed by Gavin D. Marks, President
of C&G.
4. The preliminary objections filed by C&G was not signed by an attorney licensed to
practice law in the Commonwealth of Pennsylvania.
5. Pennsylvania Rule of Civil Procedure 1028(2) authorizes the submission of a
preliminary objection for the failure of a pleading to conform to law or rule of court.
6. It has long been held by the appellate courts of Pennsylvania that a corporate defendant
must be represented only by an attorney at law duly admitted to practice in Pennsylvania. Walacavage
v. Excell 2000 Inc., 331 Pa. Super. 137, 480 A.2d 281 (Pa. Super. 1984).
7. Plaintiff's counsel acknowledges receipt by mail of a handwritten Order on July 12,
1998, believed to be from judge Edgar Bayley, which order is attached hereto as Exhibit A. The Order
states that counsel should list the Defendant's preliminary objections for argument and that depositions
should be taken on the issue of jurisdiction raised by Defendant's preliminary objections. Plaintiff's
counsel respectfully submits that inasmuch as the Defendant's preliminary objections are defective on
their face due to the Defendant's lack of representation by a licensed attorney and that as such the
Defendant's preliminary objections should be summarily stricken without further proceedings.
8. Inasmuch as C&G filed its preliminary objections through its corporate president, and
not through an attorney licensed to practice law in the Commonwealth of Pennsylvania, the
preliminary objections of C&G must be stricken.
WHEREFORE, Plaintiff, Fry Communications, Inc., respectfully requests this Honorable Court
to strike the preliminary objections of Defendant, C&G Imports, Inc.
Date: July 13, 1999
W C
Robert A. Swift, Esquire
Craig W. Hillwig, Esquire
KOHN, SWIFT & GRAF, P.C.
1101 Market Street, Suite 2400
Philadelphia, PA 19107
(215) 238-1700 / x
rj
The dove A. Adler, Esquire
Thomas O. Williams, Esquire
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
-1-
l'I
Exhibit A
nocelvod: 711?1nn 0 :1a; ->• READER & ADLER, ATTNYO;
07/12/99 91-iN 1.(1:. 12 PAS
IN THE COURT OF COUMONPLEAS FOR
CUUBBRLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC,
800 West Church Road
Mechanicsburg, PA 17011
Plahttiff,
Civil Action No., 993433 Civil Tem
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
And
C & G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22102
Defendants
ORDER
ago 2
2002
0719990
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1?Ui. ? z lass
UPON CONSIDERATION of Defendant C & G Imports, Inc. Motion to Dismiss, herein filed
and considered, it is thereupon this day of
1999 by the Court of
Common Please for Cumberland County, Pennsylvania
ORDERED that the Defendant C & G Imports, Inc.'s Motion to Dismiss with prejudice be
and is hereby GRANTED.
p 0 V1JLr E, Court 01 Common Pleas
kip- [ i's
A- AO? JQ- CC,
CERTIFICATE OF SERVICE
AND NOW, this 13°' day of July, 1999, 1 hereby verify that I have caused a true and correct
copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid and
addressed as follows:
Gavin D. Marks, President Latino's Yellow Pages, Inc.
C&G Imports, Inc. P.O. Box 111
936 North Kenmore Street Falls Church, VA 22040-0111
Arlington, VA 22101
(a-
THOMAS O. WILLIAMS, ESQUIRE
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EDGAR B. BAYLEY - "-•b?. -;
JUDGE
1 COURTHOUSE SOUARE "? z•S?? i
CARLISLE PENNSYLVANIA 17013-3387r??0 = p 2 ?'
OCT 1 4'9 9 r?? i «D J +
F?!acren
HSI! F'MIC 171] ISS p -141-1$!i3"Jb U. POSTAGE R
C/
Latino Yellow Pages, Inc.
8027 Le sburg Pike
Vienna, V 22 IR7
NIXIE
NOT
22162-27_S 74
9067 1 91 101101gq
RETURN TO SENDER
DEUNABBLE®TO FORWARDESSED
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FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-3433 CIVIL TERM
IN RE: MOTION OF PLAINTIFF TO STRIKE THE PRELIMINARY OBJECTIONS OF
C&G IMPORTS. INC.
BEFORE BAYLEY, J. AND OILER. J.
ORDER OF COURT
AND NOW, this q, day of October, 1999, the motion of plaintiff to
strike the preliminary objections to its complaint filed by defendant C&G Imports, Inc., IS
GRANTED.' The preliminary objections of C&G Imports, Inc., to plaintiffs complaint,
ARE DISMISSED.
'The preliminary objections of C&G Imports, Inc., were filed by the
president of that corporation. In Pennsylvania, a corporation may appear in court
only through an attorney. Walacavage v. Excell 2000, Inc., 331 Pa. Super. 137
(1984). Therefore, defendant's preliminary objections must be stricken. Strupe
v. Scanlan's Carpet, 45 Cumberland L.J. 379 (1996).
a
Thomas O. Williams, Esquire
For Plaintiff
Samuel W. Milkes, Esquire
For C&G Imports, Inc.
For Latino's Yellow Pages, Inc., Pro se
:saa
FRY COMMUNICATIONS, INC. : IN THE COURT OF COMMON PLEAS OF
800 West Church Road : CUMBERLAND COUNTY, PENNSYLVANIA
Mechanicsburg, PA 17055
V.
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101 99-3433 CIVIL TERM
ORDER OF COURT
AND NOW, this N4- day of October, 1999, a Rule is entered
against, defendant, C&G Imports, Inc., to show cause why its alternate motion for an
extension of time within which to file preliminary objections to plaintiffs complaint,
should not be granted. Defendant, C&G Imports, Inc., shall file a brief in chambers not
later than ten (10) days from this date in support of its motion. Plaintiff shall then file an
answer to this Rule within ten (10) days thereafter with a response brief. The
prothonotary shall forward plaintiffs answer and brief to chambers.
By the
Thomas 0. Williams, Esquire
For Plaintiff
Samuel W. Milkes, Esquire
For C&G Imports, Inc.
Edgar B.
For Latino's Yellow Pages, Inc., Pro se :saa
i'I:_11 i li l l 1/I: L i4? I IM., t_Atil: FOR AM.,U 1LNT
01ust bC IN-lWN% ill tell and auhmiIlcd in (Iuplicate)
TO THE PROTIIONOTARY/OF CUMBERLAND COUNTY:
Please list the within matter for the next:
? Pre-Trial Argument Court
0 Argument Court
CAPTION OF CASE
(entire caption must be stated in full)
Fry Communications Inc.
VS.
(Plaintiff)
I Latino's Yellow Pages, Inc. and C&G Imports
(Defendant)
VS.
No. _ Civil 3433 19 99
1. Stale matter to be argued (i. e., plaintiffs motion for new trial,
defendant's demurrer to complaint, etc.):
Defendant C&G Import's motion, to dismiss and Plaintiff's
motion to strike C&G Import's motion to dismiss
2. Identify counsel who will argue case:
(a) forplaintiff: Thomas 0. Williams
(b) fordcfcndant: unknown at this time
3. 1 will notify all parties in writing within two days that this case has been
listed for argument. _
(Att rncylor plaintiff )
Dated: bl251gq
01 ??...
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L69V•lLOU Vd'111H dV4VO
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
Plaintiff, Civil Action No. 99-3433
V.
LATINO'S YELLOW PAGES, INC.
and
C&G IMPORTS, INC.
Defendants.
I, THOMAS O. WILLIAMS, verify that on September 14, 1999, I caused the Notice
which is attached hereto as Exhibit A to be placed in the United States mail, first class, postage
prepaid and addressed to Defendant Latino's Yellow Pages, Inc., c/o Manuel Christopherson, 450
West Broad Street, #111, Falls Church, Virginia 22046. A copy of the certificate of mailing is
attached hereto as Exhibit B.
Date: September 14, 1999
Thomas O. Williams, Esquire
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
t `:.,s
Exhibit 8
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
Plaintiff, Civil Action No. 99-3433
V.
LATINO'S YELLOW PAGES, INC
and
C&G IMPORTS, INC.
Defendants
TO: Latino's Yellow Pages, Inc.
c/o Manuel Christopherson
450 West Broad Street, #111
Falls Church, VA 22046
DATE OF NOTICE: September 14, 1999
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND
FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE
TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR
CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING
OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Isar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Date: September 13, 1999
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
REAGER & ADLER, P.C.
Exhibit A
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MAY .S. POSTAL SERVICE CERTIFICATE OF MAILING
BE USED FOR DOMES
TIC AND I
PRO
NTERNATIONAL MAIL
, DOES NOl
PROVIDE FOR INSURANCE-PpSTMASTEq
Received From:
MP
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CAMP NIL
One piece of ordinary mail addressed to:
L :br s P CS 1n`C^ i''• ;;.Ill
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PS Form 3817, Mar. 1989
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FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Civil Action No. 99.3433 - Civil Term
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
ORDER OF COURT
AND NOW, this day of October, 1999, upon presentation and
consideration of Defendant C&G Import's Alternate Motion for Extension of Time
Within Which to File Preliminary Objections, this Motion is granted and Defendant
C&G Import's Preliminary Objections are deemed timely filed.
By the Court,
J.
l FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Civil Action No. 99-3433 - Civil Term
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
TIFFFNTIANT rR r TMpf1RTR' AT TFR rATF Mn PT(1N F(1R FXTFT??CT(1 T nF
TTMF WTTFTTN WFTTnTT T(1 FTT F PRFT T1y1TT?TAR4T f1R f?TTlIATe
COMES NOW, the Defendant, C&G Imports, Inc. (hereafter C&G), by its
attorney, Samuel W. Milkes, Jacobsen & Milkes, and requests of this Honorable
Court that in the event the Motion previously filed by this Defendant, for a
dismissal of the Plaintiffs Preliminary Objections is not granted, the Court allow
for an extension of time for C&G to file its Preliminary Objections. In support of
this claim, C&G asserts the following:
1. On May 27, 1999, Plaintiff filed a Complaint at the above caption.
2. On June 24, 1999, C&G filed timely Preliminary Objections, in the form of
a Motion to Dismiss, asserting that the Court does not have personal
jurisdiction over this party, a Virginia Corporation, since no business is
asserted to have taken place in Pennsylvania; that the Complaint fails to
set forth sufficient allegations of any contract existing between the
Plaintiff and this Defendant; and that the Complaint is not sufficiently
specific. This pleading was filed by the President of the Corporation. A
copy is attached, as a part of C&G's attached Motion.
3. It is precisely these same Preliminary Objections that C&G now requests
be deemed timely filed. While in fact the Preliminary Objections were
timely filed, it now appears that Plaintiff will argue that because the
Preliminary Objections were filed by the President, rather than by
counsel, they should be regarded as void.
4. In response to C&G's Preliminary Objections, the Honorable Edgar B.
Bayley entered an Order, on July 8, 1999, directing that the case should
be listed for argument court, after depositions are taken, if necessary, on
the issue of jurisdiction. C&G has offered to Plaintiff to arrange for the
scheduling of telephone depositions of the parties. A copy of this Order is
included in the attached Motion.
5. On July 13, 1999, Plaintiff filed Preliminary Objections to Defendant's
Preliminary Objections, raising as the sole issue, the claim that the
corporation had to be represented by counsel, not by the corporate
1 president.
6. The Plaintiff has filed a brief on this issue.
7. On October 4, 1999, the undersigned attorney had his first contact with
C&G, through a telephone conference with a representative of C&G.
8. On October 7, 1999, C&G retained Samuel W. Milkes.
9. On the same date, counsel filed the attached a Praecipe with the Court,
entering his appearance and adopting and reaffirming the previously filed
Preliminary Objections.
10. In an October 7, 1999 letter from C&G's counsel to Plaintiffs counsel,
Plaintiff was informed that on October 8, C&G would be requesting a
continuance of argument on Plaintiffs Preliminary Objections, if some
agreement could not be reached. The continuance has been requested in
the attached Motion. This Motion also seeks to have Plaintiffs
Preliminary Objections dismissed as moot.
11. Following the filing of C&G's October 8, 1999 Motion, counsel have spoken
and Plaintiffs counsel has stated that he cannot agree to a continuance of
argument nor that Plaintiffs Preliminary Objections are now moot.
12. Therefore, C&G now asserts the following, as a basis for requesting that
this Honorable Court allow for an extension of time within which to file
C&G's Preliminary Objections. This request is made necessary only in
the event the Court does not grant C&G's prior Motion, dismissing
Plaintiffs Preliminary Objections as moot. If that request is denied,
Defendant asserts that pursuant to Rules 1003 and 1028(e) of the
Pennsylvania Rules of Civil Procedure, the Court has the discretion to
allow for the filing of C&G's Preliminary Objections as of October 7, 1999,
when they were adopted and reaffirmed by counsel.
a. The Preliminary Objections that were filed by C&G were filed on a
timely basis.
b. These Preliminary Objections were filed by the President of an out
of state corporation who was unfamiliar with Pennsylvania law and
was not aware that there could be a problem if he filed the
Preliminary Objections, rather than having an attorney do so.
c. C&G is of limited financial means, and had some difficulty being
able to arrange for the retention of counsel.
d. The Preliminary Objections that C&G raises, by adopting them in
the Praecipe filed by counsel on October 7, 1999 are precisely the
same as those previously filed.
e. Because the Preliminary Objections are unchanged from those
previously filed, and C&G is not seeking to raise new issues or
objections, Plaintiff is not prejudiced by a reaffirmation of the
Preliminary Objections of which Plaintiff has been aware since
shortly after the filing of the Complaint.
f. C&G's Preliminary Objections raise genuine issues of law, which it
contends are of merit, especially when considering that the
Complaint filed in this case alleges:
i, that the debt actually incurred by Defendant Latino's Yellow
Pages, Inc. (hereafter Latino) should be born by Defendant
C&G because the two entities are considered "alter egos for
each other or agents for each other" (Paragraph 5), but no
facts are alleged in support, of this agency or alter ego
relationship; and
ii. that a contractual relationship existed between C&G and
Plaintiff, based only upon the contention that C&G
submitted a credit application to Plaintiff, but the Complaint
also contends that the contractual relationship between the
parties for the services provided was actually between
Plaintiff and Defendant Latino (Paragraphs 6.8);
WHEREFORE, for the reasons stated above, C&G respectfully requests of
this Honorable Court that, if necessary, it deem C&G's Preliminary Objections to be
timely filed, by granting an extension until October 7, 1999, when the original
Preliminary Objections were adopted and reaffirmed by counsel.
Respectfully submitted,
Y: Samuel W. Mi kes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249.6427
Attorney No. 30130
FRY COMMUNICATIONS, INC
300 West Church Road
Mechanicsburg, PA 17055
Plaintiff
Civil Action No. 99-3433 - Civil Term
LATINO'S YELLOW PAGES, INC.
3027 Leesburg Pike
Vienna, VA 22132
and .,
71
C&G IMPORTS, INC.
936 North Kenmore Street
rlington, VA 22101
Defendants
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COMES NOW, the Defendant, C&G Imports, Inc., by its attorney, Samuel W.
Milkes, Jacobsen & Milkes, and requests of this Honorable Court that it continue
the argument scheduled for October 13, 1999, for the following reasons, and based
upon the following information.
1. On June 24, 1999, the Defendant C&G Imports, Inc., filed timely
Preliminary Objections, in the form of a Motion to Dismiss, asserting that
the Court does not have jurisdiction over this party, a Virginia
Corporation, since no business is asserted to have taken place in
Pennsylvania; that the Complaint fails to set forth sufficient allegations of
any contract exasting between the Plaintiff and this Defendant; and that
the Complaint is not sufficiently specific. This pleading was filed by the
President of the Corporation.: copy is attached.
2. In response, the Honorable Edgar B. Bayley entered an Order, on July 8,
1999, directing that the case should be listed for argument court, after
depositions are taken, if necessary, on the issue of jurisdiction. A copy of
this Order is attached.
3. On July 13, 1999, the Plaintiff filed Preliminary Objections to Defendant's
Preliminary Objections, raising as the sole issue, the claim that the
corporation had to be represented by counsel, not by the corporate
president.
4. The Plaintiff has filed a brief on this issue.
5. On October 4, 1999, the undersigned attorney had his first contact with
the Defendant, through a telephone conference with a representative of
the Defendant.
6. On October 1, 1999, the Defendant retained Samuel W. Milkes as its
attorney in this matter.
7. On that same date, counsel filed the attached Praecipe with the Court,
entering his appearance and adopting and reaffirming the Preliminarv
Objections that were previously filed.
8. On October 7, 1999, Defendant's counsel contacted Plaintiffs counsel by
telephone and fax. A copy of the Praecipe was faxed to Plaintiff's counsel.
On this date, Defendant's counsel suggested the Plaintiffs Preliminary
Objections should be withdrawn, as moot, based upon the entry of
appearance of counsel for the Defendant. Defendant's counsel also stated
that if an agreement on this matter could not be reached, counsel would
have to request a continuance, due to a scheduling conflict and the
inability to file a brief, within such a short time.
9. During this same telephone conversation, counsel offered to schedule
telephone depositions of the parties, in order to comply with Judge
Bayley 's Order.
10. In a letter from Defendant's counsel to Plaintiffs counsel, Plaintiff was
informed that he would be requesting a continuance on October 3, 1999, if
some agreement could not be reached.
11.?,s of the date and time of filing this Motion, Defendants attorney has
heard nothing further from Plaintiffs attorney.
12. Counsel for Defendant, C&G Imports is previously scheduled to represent
a variety of Defendants in Preliminary Hearings scheduled for October 13,
1999 and at this late date, it is not feasible to reschedule these hearings.
13. Defendant suggests that in any event, Plaintiffs Preliminary Objections
have become moot, and there is no reason to present argument on them,
since the sole issue raised has to do with representation by counsel and
the Defendant is now represented.
WHEREFORE, for the reasons stated above, Defendant C&G Imports, Inc.
respectfully requests of this Honorable Court that it dismiss Plaintiffs Preliminary
r
Objections as moot, or in the alternative, that it continue until the next Argument
Court, argument on these Preliminary Objections.
Respectfully submitted,
y /gyp ??•
BY: Samuel W Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(7 17) 249.6427
Attorney No. 30130
FRY COMMUNIC.-1TIONS, INC.,
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
and C&G IMPORTS, INC.,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Na. 99-3433 Civil Term
PLAINTIFF'S PRELIMINARY OBIEQ IONS
IN THE NATURE OF A MOTION TO STRIKE
THE PRELIMINARY OBIECTIONS OF C&G IMPORTS. INC.
1. The ins-,ant case was commenced by Plaintiff, Fry Communications, Inc. (hereinafter
,,Fry"), by the riling of a complaint in this Honorable Court on or about June 7, 1999.
2. On or about June 23, 1999, Defendant, C&G Imports, Inc. (hereinafter "C&G"), filed
preliminary objections in the nature of a motion to dismiss the complaint.
3. The preliminary objections of C&G was signed and riled by Gavin D. Marks, President
of C&G.
4. The preliminary objections riled by C&G was not signed by an attorney licensed to
practice law in the Commonwealth of Pennsylvania.
5. Pennsylvania Rule of Civil Procedure iona) authorizes the submission of a
preliminary objection for the failure of a pleading to conform to law or rule of court.
6. It has long been held by the appellate courts of Pennsylvania that a corporate defendant
must be represented only by an attorney at law duly admitted to practice in Pennsylvania. Walacavaee
v. Excell 2000 Inc., 331 Pa. Super. 137, 480 A.2d 281 (Pa. Super. 1984).
7. Plaintiffs counsel acknowledges receipt by mail of a handwritten Order on July 12,
1998, believed to be from judge Edgar Bayley, which order is attached hereto as Echibit A. The Order
<--rtes that counsel should list the Defendant's preliminary objections for argument and that depositions
should be taken on the issue of jurisdiction raised by Defendant's preliminary objections, Plaintiff's
counsel respectfully submits that inasmuch as the Defendant's preliminary objections are defective on
their face due to the Defendant's lack of representation by a licensed attorney and that as such the
Defendant's preliminary objections should be summarily stricken without further proceedings.
8. Inasmuch as C&C riled its preliminary objections through its corporate president, and
not through an attorney licensed to practice law in the. Commonwealth of Pennsylvania, the
preliminary objections of C&C must be stricken.
WHEREFORE, Plaintiff, Fry Communications, Inc., respectfully requests this Honorable Court
to strike the preliminary objections of Defendant, C&G Imports, Inc.
Date: July 13, 1999
Robert A. Swift, Esquire
Craig W. Hiilwig, Esquire
KOHN, SWIFT & GRAF, P.C.
1101 Market Street, Suite 2400
Philadelphia, PA 19107
(215) 338-1700 /1 _
Theodore A. Adler, Esquire
Thomas 0. Wiiliams, Esquire
RE.-ICER & ADLER, P.C.
,331 Market Street
Camp Hill, PA 17011
(717; 763-1383
Attorneys for Plaintiff
C?SV?a: 711 ?: 9N n.ta; •> HF.AOER 1 ^CLEM. A TNY3p PaQ•
OZ`LI,90 !U)N 0:.12 FAS X00:
- JUL 0 7 7999 V"
IN 7ZE COURT OF COMMON PLE,IS FOR D Q C
CUNBERL4jVD COWi TY, PENNSYLY,-IJVIA
FRY COM14UN1CA.TIONS, INC.
300 Nest Church Road
Mechanicsburg, P .k 17011
Plaintiff, Civil Action No.: 99-3433 Civil Tem
v
LATINO'S YELLOW PAGES. LYC.
8027 Lcesburg Pike
Vienna, VA 22182
And:
C & G INIPORTS, INC.
936 North Kenmore Street
Arlington, VA 22102
Defendants
ORDER
UPON CONSIDERATION of Defendant C & G Imports, Inc Motion to Dismiss, herein filed
and considered, it is thereupon this day of 1999 by the Court of
Common Please for Cumberland County, Pennsylvania
ORDERED that the Defendant C & G Imports, Ine.'s Motion to Dismiss with prejudice be
and is hereby GILkNTED.
JUDGE, Court of Common Pleas
tr?u/y`? 1 ? v1Qt?tt'`-l , GY?Q ? L q?c-, CZ14-L
FRY C014M-LNICATIONS, INC.
800 West Church Road ,
Mechanicsburg, PA 17055
Plaintin
v.
Civil Acrion No. 99.3433 -Civil Term
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and .. .
C&G LVIPORTS, INC.
936 North Kenmore Street
P.rlington, V.? 22101
Defendants
,n
1 cp
~
PR e F f TPV MR r\J rMV 0'P e pDC ? R A \rrF' J \J7) Tn RF A FFTR f DR VV7QTT(Zr v
77 77) DRRT TTRT'XT A RV 0R.T"H CTT()XTC
Please enter my appearance in the above referenced matter solely on behalf
of the named defendant, C&G Imports, Inc. ei<o, by this entry of appearance, I
hereby adopt and reaffirm the Preliminary Objections previously filed by this
Defendant.
Respectfully submitted,
BY: Samuel W. INMes, Esq.
JACOBSEN & Mj MKES
52 E. High Street
Carlisle, PA 17013
(717) 249.6427
Attorney No. 30120
IN THE COURT OF COMMONPL@.dSFOR
CUbIBERL.dND COUNTY, PENNSYLY,WIA
FRY COMMUNICATIONS, INC.
800 West Church Road
iVlechanicsburg, PA 17011
Plaintiff,
Civil Action No.: 99-3433 Civil Tem
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
And
C & G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22102
Defendants
MOTION TO DISMISS
C & G IMPORTS, INC., by Gavin D. Marks, President, and pursuant to the
Pennsylvania Rules of Civil Procedure Rule 1028, Preliminary Objections, tiles herein this
MOTION TO DZWSS, and as grounds states:
1. This Court lacks jurisdiction over the Defendant C & G Imports, Inc. because:
(a) C & G Imports, Inc. is not a Pennsylvania Corporation:
(b) Does not and has not conducted business in Pennsylvania; and
(c) Has not contracted to do business in Pennsylvania.
2. The Complaint lacks specificity in that:
(a) The complaint fails to allege any contractual obligation between the
Plaintiff and the Defendant, C & G Imports, Inc.;
(b) Plaintiffs . Job Proposal dated November 27, 1998, attached to the
Complaint as Exhibit A was clearly made oniv to the Defendant,
Latino's Yellow Pages, Inc, and contains no reference therein to
Defendant C & G Imports, Inc..
(c) The alleged agreement as referenced in paragraph six (6) of the
Plaintiffs Complaint is unsigned and further contains no reference
therein to Defendant C & G Imports, Inc.
3. Although the Plaintiff has provided the Court with some documentation in It's
exhibit's attached to the Complaint, the Plaintiff is unable to provide the Court with any
documents illustrating a contractual relationship with C & G Imports, Inc. to publish the
directory referenced in paragraph six (6) of the Complaint
WHEREFORE, Defendant C & CIMPORTS, IVC. prays:
(a) That this matter be dismissed with prejudice;
(b) And for such other and further relief as th cure of this cause may
require. 7.
Date: June 23, 1999 Gavin`b. Marks
President
C & G Imports, Inc.
ZEREICATTOIV
I, Gavin D. Marks, hereby state that I am the President of C & G Imports, Inc. and I
am authorized to make this verification on its behalf. I have read the foregoing MOTION TO
DISMISS, and state that the facts set forth therein are true and correct to the best of my
knowledge, information and belief.
This statement is made subject to the penalties of 13 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Gavin D. Marks
President
C & G Imports, Inc.
Dated: June 23,1999
ri r
.
1
:
LL'
C
:
C
7 -
LJ u? U
FRY COMMUNICATIONS, INC. : IN THE COURT OF COMMON PLEAS OF
800 West Church Road : CUMBERLAND COUNTY, PENNSYLVANIA
Mechanicsburg, PA 17055
V.
LATINO'S YELLOW PAGES, INC. ?-
8027 Leesburg Pike
Vienna, VA 22182 i CF
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101 99-3433 CIVIL TERM
ORDER OF COURT
AND NOW, this 12 - day of October, 1999, the motion of defendant
C&G Imports, Inc. for a continuance, IS DENIED.
By the Court,
Edgar B.
Theodore A. Adler, Esquire
For Plaintiff
Samuel W. Milkes, Esquire
For C&G Imports, Inc.
:saa
,, n^ j
?:?? ..,
i?.?i,;
r
+'? i ?,'''S 1'?'? ?r? P !^ ii J I ?'
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Civil Action No. 99-3433 - Civil Term
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
?RT14
R (1F ((?iiRT
AND NOW, this day of October, 1999, upon presentation and
consideration of Defendant C&G Import's Motion, the Preliminary Objections filed
by Plaintiff are dismissed as moot.
By the Court,
J.
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
vi.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3433 - Civil Term
oRnFR OF AjLjRT
AND NOW, this day of October, 1999, upon presentation and
consideration of Defendant C&G Import's Motion, argument on Plaintiffs
Preliminary Objections is continued to the next Argument Court.
By the Court,
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3433 - Civil Term
DEFENDANT C& T MPOBTS' 110TION T O C ONTTNTTTF ARf TTMFNT ON
TARV (1RT
rtTT Ff TT(1T?S (1R T(1 T1T4MTCR
PT ATNTTFF 4 P ?
RFT TR
PT AT TTTFF'S PRET TMIABY OBJECTIONS AS MOOT
COMES NOW, the Defendant, C&G Imports, Inc., by its attorney, Samuel W
Milkes, Jacobsen & Milkes, and requests of this Honorable Court that it continue
the argument scheduled for October 13, 1999, for the following reasons, and based
upon the following information.
1. On June 24, 1999, the Defendant C&G Imports, Inc., filed timely
Preliminary Objections, in the form of a Motion to Dismiss, asserting that
the Court does not have jurisdiction over this party, a Virginia
Corporation, since no business is asserted to have taken place in
Pennsylvania; that the Complaint fails to set forth sufficient allegations of
any contract existing between the Plaintiff and this Defendant; and that
the Complaint is not sufficiently specific. This pleading was filed by the
President of the Corporation. A copy is attached.
2. In response, the Honorable Edgar B. Bayley entered an Order, on July 8,
1999, directing that the case should be listed for argument court, after
depositions are taken, if necessary, on the issue of jurisdiction. A copy of
this Order is attached.
3. On July 13, 1999, the Plaintiff filed Preliminary Objections to Defendant's
Preliminary Objections, raising as the sole issue, the claim that the
corporation had to be represented by counsel, not by the corporate
president.
4. The Plaintiff has filed a brief on this issue.
5. On October 4, 1999, the undersigned attorney had his first contact with
the Defendant, through a telephone conference with a representative of
the Defendant.
6. On October 7, 1999, the Defendant retained Samuel W. Milkes as its
attorney in this matter.
7. On that same date, counsel filed the attached Praecipe with the Court,
entering his appearance and adopting and reaffirming the Preliminary
Objections that were previously filed.
8. On October 7, 1999, Defendant's counsel contacted Plaintiffs counsel by
telephone and fax. A copy of the Praecipe was faxed to Plaintiff's counsel.
On this date, Defendant's counsel suggested the Plaintiffs Preliminary
Objections should be withdrawn, as moot, based upon the entry of
appearance of counsel for the Defendant. Defendant's counsel also stated
that if an agreement on this matter could not be reached, counsel would
have to request a continuance, due to a scheduling conflict and the
inability to file a brief, within such a short time.
9. During this same telephone conversation, counsel offered to schedule
telephone depositions of the parties, in order to comply with Judge
Bayley's Order.
10. In a letter from Defendant's counsel to Plaintiff s counsel, Plaintiff was
informed that he would be requesting a continuance on October 8, 1999, if
some agreement could not be reached.
11. As of the date and time of filing this Motion, Defendant's attorney has
heard nothing further from Plaintiffs attorney.
12. Counsel for Defendant, C&G Imports is previously scheduled to represent
a variety of Defendants in Preliminary Hearings scheduled for October 13,
1999 and at this late date, it is not feasible to reschedule these hearings.
13. Defendant suggests that in any event, Plaintiffs Preliminary Objections
have become moot, and there is no reason to present argument on them,
since the sole issue raised has to do with representation by counsel and
the Defendant is now represented.
WHEREFORE, for the reasons stated above, Defendant C&G Imports, Inc.
respectfully requests of this Honorable Court that it dismiss Plaintiffs Preliminary
Objections as moot, or in the alternative, that it continue until the next Argument
Court, argument on these Preliminary Objections.
Respectfully submitted,
05
BY: Samuel W Milkes, Esq.
JACOBSEN & MILI{ES
52 E. High Street
Carlisle, PA 17013
(717)249.6427
Attorney No. 30130
FRY COMMUNICATIONS, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
and C&G IMPORTS, INC.,
No. 99-3433 Civil Term
Defendants
PLAINTIFF'S PRELIMINARY OBJECTIONS
IN THE NATURE OF A MOTION TO STRIKE
THE PRELIMINARY OBJECTIONS OF C&G IMPORTS, INC.
1. The instant case was commenced by Plaintiff, Fry Communications, Inc. (hereinafter
"Fry"), by the filing of a complaint in this Honorable Court on or about June 7, 1999.
2. On or about June 23, 1999, Defendant, C&G Imports, Inc. (hereinafter "C&G'), filed
preliminary objections in the nature of a motion to dismiss the complaint.
3. The preliminary objections of C&G was signed and filed by Gavin D. Marks, President
of C&G.
4. The preliminary objections filed by C&G was not signed by an attorney licensed to
practice law in the Commonwealth of Pennsylvania.
5. Pennsylvania Rule of Civil Procedure 1028(2) authorizes the submission of a
preliminary objection for the failure of a pleading to conform to law or rule of court.
6. It has long been held by the appellate courts of Pennsylvania that a corporate defendant
must be represented only by an attorney at law duly admitted to practice in Pennsylvania. Walacavage
y, Exce112000 Inc., 331 Pa. Super. 137, 480 A.2d 281 (Pa. Super. 1984).
7. Plaintiff's counsel acknowledges receipt by mail of a handwritten Order on July 12,
1998, believed to be from judge Edgar Bayley, which order is attached hereto as Exhibit A. The Order
states that counsel should list the Defendant's preliminary objections for argument and that depositions
should be taken on the issue of jurisdiction raised by Defendant's preliminary objections. Plaintiff's
counsel respectfully submits that inasmuch as the Defendant's preliminary objections are defective on
their face due to the Defendant's lack of representation by a licensed attorney and that as such the
Defendant's preliminary objections should be summarily stricken without further proceedings.
8. Inasmuch as C&G filed its preliminary objections through its corporate president, and
not through an attorney licensed to practice law in the Commonwealth of Pennsylvania, the _
preliminary objections of C&G must be stricken.
WHEREFORE, Plaintiff, Fry Communications, Inc., respectfully requests this Honorable Court
to strike the preliminary objections of Defendant, C&G Imports, Inc.
Date: July 13, 1999
Robert A. Swift, Esquire
Craig W. Hillwig, Esquire
KOHN, SWIFT & GRAF, P.C.
1101 Market Street, Suite 2400
Philadelphia, PA 19107
(215) 238-1700
Theodore A. Adler, Esquire
Thomas O. Williams, Esquire
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
-2-
Recelvoa: 7112f A9 9:13;
07i1s/00 MON 10:12 FAX
•> READER S ADLER, ATTNY9: Pap. e
?oaz
JUL 0 77999 0
IN THE COURT OF COMMON PLEAS FOR 2@20
M
CUMBERLAND COUNTY, PENNSYLVANIA
JUL 1 219Z
FRY COMMUNICATIONS, INC.
800 Nest Church Road
Mechanicsburg, PA 17011
Plaintiff, Civil Action No.: 99.3433 Civil Tem
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
And.
C & G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22102
Defendants
ORDER
UPON CONSIDERATION of Defendant C & G Imports, Inc. Motion to Dismiss, herein filed
and considered, it is thereupon this day of 1999 by the Court of
Common Please for Cumberland County, Pennsylvania
ORDERED that the Defendant C &. G Imports, Inc.'s Motion to Dismiss with prejudice be
and is hereby GRANTED.
p SUDGE, Court of Common Pleas
? Cu-, CV?I tt?- ct??- ! is?-
cw- 4e,% Ltoc, C41,4
f
FRY COMMUNICATIONS, INC.
800 West Church Road ,
Mechanicsburg, PA 17055
Plaintiff
Civil Action No. 99.3433 - Civil Term
v.
<
LATINO'S YELLOW PAGES
INC .:
_
;-•.
`
?
,
.
8027 Leesburg Pike , !
,;Y
Vienna, VA 22182
==...
and.
C&G IMPORTS, INC. :J
-c
C*P
936 North Kenmore Street
Arlington, VA 22101
Defendants -
r
PRAFf'TPF F(1R FNTRV nF 4PPFeA +*T!'?L? +?m mn n
FTT.P,n PRFT TA?TTQARV (1R TF!`TT(1 t J
Please enter my appearance in the above referenced matter solely on behalf
of the named defendant, C&G Imports, Inc. Also, by this entry of appearance, I
hereby adopt and reaffirm the Preliminary Objections previously filed by this
Defendant.
Respectfully submitted,
fB : S amel MilkesEsq. COBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
f (717) 249-6427
Attorney No. 30130
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17011
Plaintiff, Civil Action No.: 99-3433 Civil Tem
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
And
C & G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22102
Defendants
MOTION TO DISMISS
C & G IMPORTS, INC., by Gavin D. Marks, President, and pursuant to the
Pennsylvania Rules of Civil Procedure Rule 1028, Preliminary Objections, files herein this
MOTION TO DISMISS, and as grounds states:
1. This Court lacks jurisdiction over the Defendant C & G Imports, Inc. because:
(a) C & G Imports, Inc. is not a Pennsylvania Corporation:
(b) Does not and has not conducted business in Pennsylvania; and
(c) Has not contracted to do business in Pennsylvania.
2. The Complaint lacks specificity in that:
(a) The complaint fails to aflege any contractual obligation between the
Plaintiff and the Defendant, C & G Imports, Inc.;
(b) Plaintiff's Job Proposal dated November 27, 1998, attached to the
Complaint as Exhibit A was clearly made only to the Defendant,
Latino's Yellow Pages, Inc. and contains no reference therein to
Defendant C & G Imports, Inc..
(c) The alleged agreement as referenced in paragraph six (6) of the
Plaintiff's Complaint is unsigned and further contains no reference
therein to Defendant C & G Imports, Inc.
3. Although the Plaintiff has provided the Court with some documentation in it's
exhibit's attached to the Complaint, the Plaintiff is unable to provide the Court with any
documents illustrating a contractual relationship with C & G Imports, Inc. to publish the
directory referenced in paragraph six (6) of the Complaint
WHEREFORE, Defendant C & G IMPORTS, INC. prays:
(a) That this matter be dismissed with prejudice;
(b) And for such other and Curther relief as th lure of this cause may
require.
/
Date: June 23, 1999
Gavin . Marks
President
C & G Imports, Inc.
2
CERTIFICATE OF SERWCE
I, Gavin D. Marks, President of C & G Imports, Inc., hereby state that a true and correct
copy of the foregoing pleading was mailed first class postage pre-paid this 23`d day of June
1999 to:
Robert A. Swift
KOHN, SWIFT & GRAF, P.C.
1101 Market Street
Suite 2400
Philadelphia, PA 19107
Counsel for Plaintiff
LATINOS YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, Virginia 2218
Defendant Pro Se
C & G Imports, Inc.
3
VERLEM OV
I, Gavin D. Marks, hereby state that I am the President of C & G Imports, Inc. and I
am authorized to make this verification on its behalf. I have read the foregoing MOTION TO
DISMISS, and state that the facts set forth therein are true and correct to the best of my
knowledge, information and belief.
This statement is made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Gavin D. Marks
President
C & G Imports, Inc.
Dated: June 23,1999
a
07
,
r.
? c.
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3433 - Civil Term
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a true and correct copy of Praecipe and
Defendant C&G Imports' Motion to Continue Argument on Plaintiffs Preliminary
Objections or to Dismiss Plaintiffs Preliminary Objections as Moot, in the above
captioned matter, was duly served upon, Thomas 0. Williams, Esq., attorney for the
Plaintiff, by depositing it in the U.S. Mail, on October 8, 1999, addressed as follows:
Thomas 0. Williams, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
r LL7c5-T J QU_
Dated: ('1)16fq y
Deborah R. Clark
_
?:,w ,..,..... _ __
._ ?, _
a- , c-
t'-
..
i _.
:
?1_
. .
(:_.
(_) _
_
C^.1
i' ' C..
I,I. n ')
?-' Ci f J
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
V.
Civil Action No. 99.3433 - Civil Term
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a true and correct copy of Defendant
C&G Imports' Alternate Motion for Extension of Time Within Which to File
Preliminary Objections, in the above captioned matter, was duly served upon, Thomas
0. Williams, Esq., attorney for the Plaintiff, by depositing it in the U.S. Mail, on
October 11, 1999, addressed as follows:
Thomas 0. Williams, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities. //
Dated: (,
Deborah R. Clark ?,_
.... ICJ
:Iii
CJ :a C?
,JUL 0 71999 0
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17011
Plaintiff, Civil Action No.: 99-3433 Civil Tem
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
And
C & G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22102
Defendants
ORDER
UPON CONSIDERATION of Defendant C & G Imports, Inc. Motion to Dismiss, herein filed
and considered, it is thereupon this day of 1999 by the Court of
Common Please for Cumberland County, Pennsylvania
ORDERED that the Defendant C & G Imports, Inc.'s Motion to Dismiss with prejudice be
and is hereby GRANTED.
_T ;° uye
? ooa?,X
tom`
JUDGE, Court of Common Pleas
O
,?`?p?1,1? ??paY
Z: 05
99 J??'b p?
Off.
IN THE COURT OF COMMONPLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
300 West Church Road
Mechanicsburg, PA 17011
Plaintiff, Civil Action No.: 99-3433 Civil Tem
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
And
C & G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22102
Defendants
MOTION TO DISMISS
C & G IMPORTS, INC., by Gavin D. Marks, President, and pursuant to the
Pennsylvania Rules of Civil Procedure Rule 1028, Preliminary Objections, files herein this
MOTION TO DISMISS, and as grounds slates:
1. This Court lacks jurisdiction over the Defendant C & G Imports, Inc. because:
(a) C & G Imports, Inc. is not a Pennsylvania Corporation:
(b) Does not and has not conducted business in Pennsylvania; and
(c) Has not contracted to do business in Pennsylvania.
2. The Complaint lacks specificity in that:
(a) The complaint fails to allege any contractual obligation between the
Plaintiff and the Defendant, C & G Imports, Inc.;
I
(b) Plaintiffs Job Proposal dated November 27,1998, attached to the
Complaint as Exhibit A was clearly made only to the Defendant,
Latino's Yellow Pages, Inc. and contains no reference therein to
I Defendant C & G Imports, inc..
(c) The alleged agreement as referenced in paragraph six (6) of the
Plaintiffs Complaint is unsigned and further contains no reference
therein to Defendant C & G Imports, Inc.
3. Although the Plaintiff has provided the Court with some documentation In U's
exhibit's attached to the Complaint, the Plaintiff is unable to provide the Court with any
documents illustrating a contractual relationship with C & G Imports, Inc. to publish the
directory referenced in paragraph six (6) of the Complaint
WHEREFORE, Defendant C & G IMPORTS, INC. prays:
(a) That this matter be dismissed with prejudice;
1 (b) And for such other and furthe/as re of this cause may
require.
Date: June 23,1999
Gavin President
C & G Imports, Inc.
2
CERTIFICATE OFSERVICE
1, Gavin D. Marks, President of C & G Imports, Inc., hereby state that a true and correct
copy of the foregoing pleading was mailed first class postage pre-paid this 23`d day of June
1999 to:
Robert A. Swift
KOHN, SWIFT & GRAF, P.C.
1101 Market Street
Suite 2400
Philadelphia, PA 19107
Counsel for Plaintiff
LAT.[NOS YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, Virginia 2218
Defendant Pro Se
uavlnY3: Marks, President
C & G Imports, Inc.
3
VF_RIF/CAT/ON
1, Gavin D. Marks, hereby state that I am the President of C & G Imports, Inc. and I
am authorized to make this verification on its behalf. I have read the foregoing MOTION TO
DISMISS, and state that the facts set forth therein are true and correct to the best of my
knowledge, information and belief.
This statement Is made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unsworn falsification to authorities.
Gavin D. Marks
President
C & G Imports, Inc.
Dated: June 23, 1999
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FRY COMMUNICATIONS, INC
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
Civil Action No. 99-3433 - Civil Term
V.
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Please enter my appearance in the above referenced matter solely on behalf
of the named defendant, C&G Imports, Inc. Also, by this entry of appearance, I
hereby adopt and reaffirm the Preliminary Objections previously filed by this
Defendant.
Respectfully submitted,
BY: Samuel . Milkes, Esq.
JACOBSEN & MII.KES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Civil Action No. 99.3433 - Civil Term
Plaintiff
V.
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a true and correct copy of a Praecipe for
Entry of Appearance and to Reaffirm Previously Filed Preliminary Objections, in the
above captioned matter, was duly served upon, Thomas 0. Williams, Esq., attorney for
the Plaintiff, by Facsimile, on October 7, 1999, addressed as follows:
Thomas 0. Williams, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
FAX - (717) 730-7366
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: ??j? i?l' = `• ?Cf f /
Deborah R. Clark
cor)
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
V.
Civil Action No. 99-3433 - Civil Term
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a true and correct copy of Defendant
C&G Imports' Brief in Support of Defendant C&G Imports' Alternate Motion for
Extension of Time Within Which to File Preliminary Objections, in the above
captioned matter, was duly served upon, Thomas 0. Williams, Esq., attorney for the
Plaintiff, by depositing it in the U.S. Mail, on October 28, 1999, addressed as follows:
Thomas 0. Williams, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
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Dated: d?, )do-
Deborah R. Clark
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FRY COMMUNICATIONS, INC. : IN THE COURT OF COMMON PLEAS OF
800 West Church Road : CUMBERLAND COUNTY, PENNSYLVANIA
Mechanicsburg, PA 17055
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101 : 99-3433 CIVIL TERM
ORDER OF COURT
AND NOW, this. _ Lu+- day of October, 1999, a Rule is entered
against, defendant, C&G Imports, Inc., to show cause why its alternate motion for an
extension of time within which to file preliminary objections to plaintiffs complaint,
should not be granted. Defendant, C&G Imports, Inc., shall file a brief in chambers not
later than ten (10) days from this date in support of its motion. Plaintiff shall then file an
answer to this Rule within ten (10) days thereafter with a response brief. The
prothonotary shall forward plaintiffs answer and brief to chambers.
By the Court, / 7
Edgar B.NBayrey,
Thomas O. Williams, Esquire
For Plaintiff
Samuel W. Milkes, Esquire
For C&G Imports, Inc.
For Latino's Yellow Pages, Inc., Pro se
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FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
IN THE COURTOF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
99-3433 CIVIL TERM
IN RE: MOTION OF PLAINTIFF TO STRIKE THE PRELIMINARY OBJECTIONS OF
C&G IMPORTS. INC.
BEFORE BAYLEY, J. AND OLER, J.
ORDER OF COURT
AND NOW, this _14 q, day of October, 1999, the motion of plaintiff to
strike the preliminary objections to its complaint filed by defendant C&G Imports, Inc., IS
GRANTED.' The preliminary objections of C&G Imports, Inc., to plaintiffs complaint,
ARE DISMISSED.
By the
Edgar
' The preliminary objections of C&G Imports, Inc:, were filed by the
president of that corporation. In Pennsylvania, a corporation may appear in court
only through an attorney. Walacavage v. Excell 2000, Inc., 331 Pa. Super. 137
(1984). Therefore, defendant's preliminary objections must be stricken. Strupe
v. Scanlan's Carpet, 45 Cumberland L.J. 379 (1996).
Thomas O. Williams, Esquire
For Plaintiff
Samuel W. Milkes, Esquire
For C&G Imports, Inc.
For Latino's Yellow Pages, Inc., Pro se
:sea
V
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3433 - Civil Term
RRTFF TNT GTTPP()RT ()F TIFFFNDANT f R C` TT%4P0RT4' AT T FRNATF MCTI0 N
F()R FliTT`N4T()N ()F TTMF WTTNTTj WT41CH T( 1 FTT.F
PRFT TMTNARY-OBJE('T ONC
COMES NOW, the Defendant, C&G Imports, Inc. (hereafter C&G), by its
attorney, Samuel W. Milkes, Jacobsen & Milkes, and files this Brief, in support of
its Motion for Extension of Time within Which to File Preliminary Objections.
Before presenting the Brief, counsel describes the following brief procedural
history.
1. Defendant C&G Imports Inc. (hereafter C&G) filed timely Preliminary
Objections through its President.
2. Plaintiff fled Preliminary Objections to Defendant's Preliminary
Objections, asserting that the President could not represent the corporate
entity and therefore, C&G's Preliminary Objections should be stricken.
3. At oral argument, held on October 13, 1999, the Court indicated that it
would be granting Plaintiffs motion to strike and that Plaintiff would be
granted an opportunity to respond to C&G's Motion for Extension of Time
Within Which to File Preliminary Objections.
4. Only on October 28, 1999, when counsel for C&G received
Plaintiffs Motion to Make Rule Absolute did counsel learn that
the October 14 Orders had been entered.
5. One of these Orders constitutes a Rule against C&G "to show
cause why its alternate motion for an extension of time within
which to file preliminary objections to plaintiffs complaint,
should not be granted." Because C&G desires that the motion in
fact be granted, C&G would not desire to show cause why it
should not be granted.
6. After a thorough search, counsel is still unable to find any record
of, nor does he remember ever having known of the entry of these
October 14 Orders nor of having seen these Orders. In fact,
consistent with counsel for the Plaintiffs request at oral
argument that he be given an opportunity to respond to C&G's
Motion, C&G expected the next filing would be an Answer from
Plaintiff.
7. Accordingly, counsel for C&G now files this Brief in support of its
Alternate Motion for Extension of Time Within Which to File Preliminary
Objections.
BRIEF
PROCEDURAL HISTORY.
In addition to the above, the procedural history may be recounted as follows.
On May 27, 1999, Plaintiff filed a Complaint at the above caption. On June 24,
1999, C&G filed timely Preliminary Objections, in the form of a Motion to Dismiss,
asserting that the Court does not have personal jurisdiction over this party, a
Virginia Corporation, since no business is asserted to have taken place in
Pennsylvania; that the Complaint fails to set forth sufficient allegations of any
contract existing between the Plaintiff and this Defendant; and that the Complaint
is not sufficiently specific. This pleading was filed by the President of the
Corporation.
It is precisely these same Preliminary Objections that C&G now requests be
deemed timely filed. While in fact the Preliminary Objections were timely filed,
they were not filed by the right person,
In response to C&G's Preliminary Objections, the Honorable Edgar B. Bayley
entered an Order, on July 8, 1999, directing that the case should be listed for
argument court, after depositions are taken, if necessary, on the issue of
jurisdiction. C&G has offered to Plaintiff to arrange for the scheduling of telephone
depositions of the parties.
On July 13, 1999, Plaintiff filed Preliminary Objections to Defendant's
Preliminary Objections, raising as the sole issue, the claim that the corporation had
to be represented by counsel, not by the corporate president.
On October 4, 1999, the undersigned attorney had his first contact with C&G,
through a telephone conference with a representative of C&G. On October 7, 1999,
C&G retained Samuel W. Milkes. On the same date, counsel filed a Praecipe with
the Court, entering his appearance and adopting and reaffirming the previously
filed Preliminary Objections.
By Orders dated October 14, 1999, Plaintiffs Preliminary Objections, in the
form of a motion to strike C&G's Preliminary Objections were granted. Also, a
process was set forth for the handling of C&G's Alternate Motion for Extension of
Time Within Which to File Preliminary Objections
FACTUAL OVERVIEW,
This case involves a Complaint brought under a contract theory against two
Defendants. A Default Judgment has already been entered against Latino's Yellow
Pages, Inc. (hereafter Latino's). According to Plaintiffs Complaint, paragraph 6, it
is Plaintiff and Latino's that entered into a contract for the printing of a telephone
directory. There is no allegation that any contract was ever entered into by C&G.
The Complaint alleges that C&G submitted a credit application (parargraph 7) and
that Latino's and C&G are alter egos for each other, although there is no factual
support asserted for this allegation (paragraph 5). There is also no claim that C&G
engaged in any activity in Pennsylvania. C&G is a corporation under Virginia law.
ARGUMENT,
C&G asserts that pursuant to Rules 1003 and 1028(e) of the Pennsylvania
Rules of Civil Procedure, the Court has the discretion to allow for the filing of
C&G's Preliminary Objections as of October 7, 1999, when they were adopted and
reaffirmed by counsel. This is especially appropriate where:
a. The Preliminary Objections that were initially filed by C&G were
filed on a timely basis, placing the Plaintiff on notice as to C&G's
objections to the Complaint.
b. These Preliminary Objections were filed by the President of an out
of state corporation who was unfamiliar with Pennsylvania law and
was not aware that there could be a problem if he filed the
Preliminary Objections, rather than having an attorney do so.
c. C&G is of limited financial means, and had some difficulty being
able to arrange for the retention of counsel.
d. The Preliminary Objections that C&G raises, by adopting them in
the Praecipe filed by counsel on October 7, 1999 are precisely the
same as those previously filed.
e. Because the Preliminary Objections are unchanged from those
previously filed, and C&G is not seeking to raise new issues or
objections, Plaintiff is not prejudiced by a reaffirmation of the
Preliminary Objections of which Plaintiff has been aware since
shortly after the filing of the Complaint.
f. C&G's Preliminary Objections raise genuine issues of law, which it
contends are of merit, especially when considering that the
Complaint filed in this case alleges:
i. that the debt actually incurred by Defendant Latino's Yellow
Pages, Inc. (hereafter Latino) should be born by Defendant
C&G because the two entities are considered "alter egos for
each other or agents for each other" (Paragraph 5), but no
facts are alleged in support of this agency or alter ego
relationship; and
ii. that no contractual relationship is claimed to exist between
C&G and Plaintiff, but only upon the contention that C&G
submitted a credit application to Plaintiff.
Under Rule 1003, the Court is accorded broad discretion to extent periods of
time for the filing of pleadings: "The court on cause shown may extend or shorten
the time within which pleadings shall be filed or process served." Further, Rule 126
provides as follows:
The rules shall be liberally construed to secure the just, speedy and
inexpensive determination of every action or proceeding to which they are
applicable. The court at every stage of any such action or proceeding may
disregard any error or defect of procedure which does not affect the
substantial rights of the parties.
C&G asserts that given its timely initial filing of Preliminary Objections and
the fact that these original objections are not being changed by the request for an
extension of time, there is no harm or prejudice to the Plaintiff. In fact, the
inability to address C&G's legitimate objections due to the error of the wrong person
having filed the initial document would affect the substantial rights of the
Defendant, with no apparent justification, other than the desire of the Plaintiff to
eliminate defenses of the Defendant.
In McCord, 354 Pa.Super. 96, 511 A.2d 204 (1987), the Superior
Court held that the trial court acted properly in allowing for the late filing of
preliminary objections (in this case 20 days late), "especially since plaintiffs had
already been put on notice as to the mature of the objections by defendant, North
Penn Hospital's, preliminary objections filed on December 20, 1984." Id. At 101.
Similarly, Fry Communications was on notice very early on as to the precise content
of the objections sought to be pursued by C&G. See also, A1Fenn r l 1ari;s, 342 Pa.
Super. 571, 493 A.2d 738 (1985).
In Boasts, the Superior Court observed, "Where possible, the rules of civil
procedure, including filing rules, should be liberally construed in order to effect
equitable results." Pa.R.C.P. 126. Id- at 101. The Court in Bnarts also quoted
Allknn v,?l ?prric, 342 Pa. Super. 571, 572-6, 493 A.2d 738, 739.40 (1985), with
language that provides guidance in the instant case:
Pa.R.C.P. 1026 provides that a pleading shall be filed within 20 days
after service of a preceding pleading. This rule is not mandatory but
permissive. We have held that late pleadings may be filed "if the opposite
party is not prejudiced and justice requires. Much must be left to the
discretion of the lower court." Quoting pain ;ch v Raka;tis, 442 Pa. 434, 437-
41, 275 A.2d 318, 321-22 (1971); Esher v Hill, 368 Pa. 53, 54-58, 81 A.2d
860, 862.63 (1951).
In Paulish, the extension of time was properly denied, where delays of one
year seven months and thirteen and one half months were sought to be excused,
and a motion for judgment on the pleadings had already been filed by an opposing
party. While the court properly held there is "no excuse for delay of such
extraordinary duration," that is not present in the instant case. Paaalish, at 442.
On the other hand, in Eishes a delay of filing an answer, for a period of ten
months was found to be allowable. The court stated,
Procedural rules are not ends in themselves but means whereby
justice, as expressed in legal principles, is administered. They are not to be
exalted to the status of substantive objectives. It is for this reason that
Pa.R.C.P. No. 126 provides: "The rules shall be liberally construed to secure
the just, speedy and inexpensive determination of every action or proceeding
to which they are applicable. The court at every state of any such action or
proceeding may disregard any error or defect of procedure which does not
affect the substantial rights of the parties": McKay ? 348 Pa. 286,
287, 35 A.2d 264. "The Rules are to be interpreted with commonsense to
carry out the purposes for which they were adopted." rtene x nnex-smith
346 Pa. 494, 496, 31 A.2d 149.
Fisher at 56-7.
CONCLUSION,
For the reasons stated above, C&G should be granted an
extension of time within which to file its Preliminary
Objections.
Respectfully submitted,
/.?0xz,,
HY: -S'amue'l '13! ikN - es
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249•-6427
(717) 249-8427 - Fax
Attorney No. 30130
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REAGER & ADLER, P.C.
ATTORNEYS AT LAW
2331 MARKET STREET
CAMP HILL, PA 17011.4842
17171783.1383
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
Plaintiff,
V.
LATINO'S YELLOW PAGES, INC.
and
C&G IMPORTS, INC.
Civil Action No. 99-3433
Defendants.
AND NOW, this day of 1999, upon consideration of
Defendant C&G's Imports, Inc.'s motion for extension of time within which to file preliminary
objections and Plaintiff Fry Communications, Inc.'s motion to make rule absolute related thereto,
it is hereby ORDERED that Defendant C&G Imports, Inc.'s motion for extension of time within
which to file preliminary objections is DENIED.
BY THE COURT:
J.
IN TIIE COURT OP COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
Plaintiff,
V.
LATINO'S YELLOW PAGES, INC
and
C&G IMPORTS, INC.
Defendants.
Civil Action No. 99-3433
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Plaintiff, Pry Communications, Inc., by and through its attorneys,
Reager & Adler, P.C., and respectfully submits this motion to make rule absolute and in support
thereof avers the following:
1. On or about October 11, 1999, Defendant, C&G Imports, Inc. (hereinafter
"C&G"), filed an alternate motion for an extension of time within which to file preliminary
objections.
2. By way of an Order dated October 14, 1999, the Honorable Judge Edgar B. Bayley
issued a rule upon Defendant C&G to show cause why its alternate motion for an extension of time
within which to file preliminary objections to Plaintiffs complaint should not be granted. The rule
required Defendant C&G to file a brief in chambers not later than ten (10) days from the date of
the Order or October 24, 1999. A true and correct copy of the aforesaid Order is attached hereto
as Exhibit A.
3. More than ten (10) days has passed since the date of the Order and no brief has been
tiled by Defendant C&G.
4. Because Defendant C&G failed to comply with this Court's Order dated October
14, 1999, by failing to timely file a brief in support of its motion, the rule issued October 14,
1999, should be made absolute and Defendant C&G's motion for an extension of time within
which to file preliminary objections should be stricken.
WHEREFORE, Plaintiff, Fry Communications, Inc., respectfully requests this Honorable
Court to make the rule absolute and to strike the motion of Defendant, C&G Imports, Inc., for an
extension of time within which to file preliminary objections.
Respectfully submitted,
REAGER & AD ER, P.C.
Theodore A. Adler, Esquire
Pa. 1. D. No. 16267
Thomas 0. Williams, Esquire
Pa. I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
Exhibit A
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FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
99-3433 CIVIL TERM
ORDER OF COURT
AND NOW, this M '1? day of October, 1999, a Rule is entered
against, defendant, C&G Imports, Inc., to show cause why its alternate motion for an
extension of time within which to file preliminary objections to plaintiffs complaint,
should not be granted. Defendant, C&G Imports, Inc., shall file a brief in chambers not
later than ten (10) days from this date in support of its motion. Plaintiff shall then file an
answer to this Rule within ten (10) days thereafter with a response brief. The
prothonotary shall forward plaintiffs answer and brief to chambers.
Thomas 0. Williams, Esquire
For Plaintiff
Samuel W. Milkes, Esquire
For C&G Imports, Inc.
Edgar B.
For Latino's Yellow Pages, Inc., Pro se :saa
CERTIFICATE OF S ERVI .
AND NOW, this 27°i day of October, 1999, 1 hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid
and addressed as follows:
Samuel W. Milkes, Esquire
Jacobsen & Milkes
52 East High Street
Carlisle, PA 17013
Manuel Christopherson
Latino's Yellow Pages, Inc.
450 West Broad Street, #111
Falls Church, VA 22046
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IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC,
Plaintiff, Civil Action No. 99-3433
V.
LATINO'S YELLOW PAGES, INC.
and
C&G IMPORTS, INC.
Defendants.
ORDER
AND NOW, this day of , 1999, upon consideration of
Defendant C&G's Imports, Inc.'s motion for extension of time within which to file preliminary
objections and Plaintiff Fry Communications, Inc.'s motion to make rule absolute related thereto,
it is hereby ORDERED that Defendant C&G Imports, Inc.'s motion for extension of time within
which to file preliminary objections is DENIED.
BY THE COURT:
J.
mar
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
PRY COMMUNICATIONS, INC.
0C1- 2 3 1999
Plaintiff, Civil Action No. 99-3433
V.
LATINO'S YELLOW PAGES, INC.
and
C&G IMPORTS, INC.
Defendants.
ORDE,B
AND NOW, this __ day of _ 1999, upon consideration of
Defendant C&G's Imports, Inc.',, motion for extension of time within which to file preliminary
objections and Plaintiff' fry Communications, Inc.'s motion to make rule absolute related thereto,
it is hereby ORDERED that Del'end: nt C&G Imports, Inc.'s motion for extension of time within
which to file preliminary objections is DENIED.
i.
BY THE COURT: "
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J. ?.
Reager & Adler, PC
Attorneys and Counselors at La
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2331 Market Street
?KIS
Camp Hill, Pennsylvania 17011-4642
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Samuel W. Milkes, Esquire
.lacobscn & Milkes
52 Last High Street
Carlisle, PA 17013
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Reager & Adler, PC
Attorneys and Counselors at Law
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2331 Market Street ,,_ ?
Camp. Hill, Pennsylvania 17011-4642 r cti ? .3 3
? PA,' ei?aeae U.S_PvSTAGP?.
Thomas O. Williams, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
IL
Reager & Adler, PC
Attorneys and Counselors at Law
2331 Market Street
Camp Hill, Pennsylvania 17011-4642
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Manuel Christopherson
Latino's Yello%v Pages, Inc,
450 West Broad Street, !1111
Falls Church„VA 22046
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
r4 R ()T+
Civil Action No. 99.3433 - Civil Term
1N RF STTPITT ATTnN OF TT4F PARTIES RFC ARTITN(` TIFFFNTIAN't` CR G S
ALTERNATE MOTION FOR EXTENSION OF TTMF ATTTHTTQ WrHTCH Tn FTT.F
PRET InTIN A RY (1R IFf 'TT(1NS
AND NOW, this LO day of -? 1999, upon
presentation and consideration of the Stipulation of the Parties, the following his
hereby Ordered and Decreed:
1. Defendant C&G Imports, Inc. is granted until October 7, 1999 to file
Preliminary Objections through its counsel.
2. With counsel having on October 7, 1999 adopted and reaffirmed the
previously filed Preliminary Objections (which were served by the
corporate President, in the form of a Motion to Dismiss, on June 23, 1999),
these previous Preliminary Objections shall now be allowed to be
considered as if timely filed, and no further action is needed to perfect the
filing of these Preliminary Objections.
3. The time within which Plaintiff may take action in response to
Defendant's Preliminary Objections, under the Pennsylvania Rules of Civil
Procedure, whether in the form of an Amended Complaint or otherwise,
shall begin to run as of the date of service of this Order.
4. If no further action is taken by Plaintiff within the prescribed times under
the Rules of Procedure, the Court's Order of July 8, 1999, consisting of the
following, shall govern the resolution of Defendant's Preliminary
Objections.
5. This case should be listed by counsel in an argument court list after
depositions, if necessary, are taken and filed of record on the issue of
jurisdiction.
By the Court:
J.
I&
Cep I /\,.,T„iY
1
139 ["-r ; (
CU. ?a;i;CY
E;
P
O
\ A
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 Borth Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3433 - Civil Term
STTPTTT ATTOM nP THT?, PARTTFq RFr' A RnT*Mr T EFPNTIAN`l C&C-1 4
ALTERNATE MOTTnN FOR FXTFMSiO T OF TTMF WTTHTN VHLCI T(1 FTT.F
PRKUMTNARy OBJECTTONS.
COME NOW, the parties in the above action, Plaintiff by Thomas 0.i Williams, Esq., Reager & Adler, P.C. and Defendant, C&G Imports, Inc., by its
attorney, Samuel W. Milkes, Jacobsen & Milkes, and Stipulate that the attached
i
Order of Court may be entered as a full and complete resolution of Defendant's
I Alternate Motion for Extension of Time Within Which to File Preliminary
Objections.
i WHEREFORE, the parties respectfully request that the attached Order be
entered in this matter.
Respectfully submitted,
?r A ( K A- x
BY: Them-as Williams, Esq.
READER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorney No. 67987 / -
Y: Samue W. Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249.6427
Attorney No. 30130
Duxmby (a,lqq?(
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FRY COMMUNICATIONS, INC
800 West Church Road
Mechanicsburg, PA 17011
Plaintiff,
V.
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No. 99-3433 Civil Term
To: C&G Imports
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED AMENDED COMPLAINT WITHIN TWENTY (20) DAYS FROM
SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
REAGER & ADLj, P.C.
? ?
Date: December 23, 1999
Thomas 0. Williams, Esqui
Attorney I.D. No-67987
2331 Market Street
Camp Hill, PA 17011-4642
(717) 763-1383
Attorneys for Plaintiff
PRY COMMUNICATIONS, INC
800 West Church Road
Mechanicsburg, PA 17011
Plaintiff,
V.
LATINO'S YELLOW PAGES, INC
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Civil Action No. 99-3433 Civil Term
I. Plaintiff, Fry Communications, Inc., commences this action to recover
compensation for printing services performed by Piaintiff.
2. Plaintiff Fry Communications, Inc. ("Fry") is a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania with its principal place of business at 800
West Church Road, Mechanicsburg, Pennsylvania 17055. Fry is engaged in the business, inter
alia, of commercial printing.
3. Defendant Latino's Yellow Pages, Inc. ("LYP") is a corporation organized and
existing under the laws of the Commonwealth of Virginia, with a place of business at 8027
Leesburg Pike, Vienna, VA 22182.
4. Defendant C&G Imports, Inc. ("C&G") is a corporation organized and existing
under the laws of the Commonwealth of Virginia, with a place of business at 936 North Kenmore
Street, Arlington, VA 22101.
5. Upon information and belief, LYP and C&G operate as alter egos for each other
or as agents for each other.
6. The exercise by this Court of jurisdiction over Defendants LYP and C&G is proper
inasmuch as LYP and C&G have sufficient contacts with Pennsylvania.
7. LYP and C&G purposefully availed themselves of the privilege of conducting
activities in Pennsylvania.
8. LYP's and C&G's conduct and connection with Pennsylvania is such that they
should reasonably anticipate being haled into court in Pennsylvania.
2
COUNTI - BREACH OF CONTRACT
(AGAINST LATINQS YELI.OW PAGES, INC.)
9. Plaintiff incorporates herein by reference paragraphs 1 through S as though fully
set forth.
10. Fry and LYP entered into an agreement by which Fry agreed to provide printing
services for the directory by the name of El Directorio De Los Latinos (hereinafter the
"Directory") in exchange for LYP's payment for same. A true and correct copy of the aforesaid
agreement is attached hereto as Exhibit "A".
11. Fry has submitted to LYP its invoice number 3647, (Exhibit "B", attached) for the
outstanding balance owed for Fry's services.
12. Payment of the invoice, totaling $47,369.00 is past due, and LYP failed and refused
to pay said amount in breach of its agreement with Fry.
WHEREFORE, Plaintiff, Fry Communications, Inc., demands judgment against
Defendant, Latino's Yellow Pages, Inc., in the amount of $47,369.00, together with interest and
the costs of this action.
COUNT II - BREACH OF CONTRACT
(ACAINSSI C&C IMPORTS, INC.)
13. Plaintiff incorporates herein by reference paragraphs 1 through I I as though fully
set forth.
3
14. C&G by and through its President, Gavin Marks, entered into an agreement with
Fry by which Fry agreed to provide printing services for the Directory and in exchange C&G,
through its President, Gavin Marks, agreed to pay Fry for the printing services.
15. C&G negotiated with Fry through correspondence and by telephone.
16. During the negotiation process C&G directed correspondence and telephone calls
to Fry at Fry's Mechanicsburg, Pennsylvania offices,
17. Fry sent C&G documents relating to the printing services requested by C&G from
its office in Mechanicsburg, Pennsylvania.
18. On or about June 16, 1998 C&G, through its President, Gavin Marks, called Fry
and indicated that C&G was taking over the Directory from Latino's Yellow Pages Inc.
19. On or about June 16, 1998, C&G sent a credit application to Fry at Fry's office in
Mechanicsburg, Pennsylvania. A true an correct copy of the aforesaid credit application is
attached hereto as Exhibit "C".
20. On or about June 23, 1998, Gavin Marks of C&G called Fry at its Mechanicsburg,
Pennsylvania office requesting a press run of 25,000 books.
21. Gavin Marks of C&G submitted disks containing poor quality camera ready art to
Fry at its office in Mechanicsburg, Pennsylvania, which Fry was to use in producing the
Directory.
22. Fry informed Gavin Marks of C&G, in writing, of the poor quality camera art. A
true and correct copy of the aforesaid notice is attached hereto as Exhibit "D"
4
?.... .
23. C&G, through Gavin Marks, authorized Fry to produce the Directory despite
Mark's knowledge of the poor quality camera ready art,
24. Fry relied on the promises of Gavin Marks of C&G that C&G would pay Fry for
producing the Directory.
25. C&G accepted the Directory as produced by Fry.
26. Fry produced the Directory in its Mechanicsburg, Pennsylvania office and slipped
the completed Directories from that office to C&G.
27. Based upon C&G's credit application and C&G's promise to pay, Fry extended to
C&G a $40,000.00 line of credit for the printing of the Directory contingent upon a $15,000.00
prepayment toward the cost of printing the directory. S= Exhibit "C" hereto.
28. Defendants prepaid $15,000.00 to Fry toward the cost of printing the Directory.
29. Fry produced the Directory in reliance upon C&G's promise to pay.
30. Fry submitted its invoice totaling $47,369.00 to C&G.
31. Despite demand C&G has failed and refused to pay Fry the amount due for the
Directory.
32. C&G's failure and refusal to pay Fry for the production services in producing the
Directory constitutes a breach of contract.
WHEREFORE, Plaintiff, Fry Communications, Inc., respectfully requests this Honorable
Court to enter judgment in its favor and against Defendant C&G Imports, Inc. in the amount of
$47,369.00, together with interest and the costs of this action.
5
COUNT III - ACCOUNT STATED
(AGAINST C&G IMPORTS, INC.)
33. Plaintiff incorporates herein by reference paragraphs I through 32 as though fully
set forth.
34. Fry performed printing services for the Directory upon the open account of C&G,
for which Fry rendered its invoice no. 3647, attached hereto as Exhibit "B".
35. C&G has failed and refused to pay $47,369.00 due upon the aforesaid invoice.
WHEREFORE, Plaintiff, Fry Communications, Inc., demands judgment against
Defendant, C&G Imports, Inc., in the amount of $47,369.00, together with interest and the costs
of this action.
Date: December 23, 1999
Respectfully submitted,
1 '
Robert A. Swift 1n?
Craig W. Hillwig
KOHN, SWIFT & GRAF, P.C.
1101 Market Street, Suite 2400
Philadelphia, P.71 1910/7? ?
(215)238-1/-6o „ / / /7"n
Theodore A. Adler
Thomas O. Williams
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
6
y,F
Exhibit A
I
RY
_ PUBLICATION, CATALOG AND
BOOK PRINTING SPECIALISTS
PROPOSAL
Requested by: Bill Early O (630) 416-0980
Latino Yellow Pages
Attn: Mr. Alex Christopherson
6027 Leesburg Pike
Vienna, VA 22102
FAX 2: ?'>-=R:
PHONE NUMBER; (703) 621-7600
JOB TITLE: Latino Ycllow Pages
QUANTITY:
PACES:
TRIM SIZE:
PREPRESS:
PRESS:
25,000 Copies
400 pages + cover + 3 Tabbed inserts.
6-7/8 x 10-7/8 + Bleeds
I'
Page 1
Number: 25071 R1
tCovcmbcr 27, 1998
(703) 621-5919
+/_ 2; Variance
Cover 1$4 and OSO of Inserts L Community pages: Output and strip
one neg per color per page from supplied disk..
Cover 264 and OSO of Inserts: Strip one r,eg per color per page
from supplied RRED composite page negatives. per color per page
Remaining Text Pages: Shoot and strip one nag Pe
from supplied Camera Copy. Printer to Produce all color breaks
and knockouts. Supply one set of Bluelines for text and color
keys for all 4/C pages. All other prep work is additional.
Fry will not be responsible for color accuracy and/or product
color match if the Customer does not supply either a proof for
color cortrol`•or an approved "OK to Print" press sheet.
Cover - Sheetfed - 4/C Process, 4/4 plus Varnish coat C1 6 C4.
Text Heatset Web offset - 1/1 and 3/3 (See breakdo•wn)•
Inserts- Sheetfed - 4/C Process, 4/4.
Note When Sheetfed and heatsec items are trimmed together,
the heatset item will regain moisture after criraing
and "grow" to a slightly larger than the Sheetfed Item.
Bs.38.24 O $73.75/C„T
COVER PAPER: Ion Cgs g< 25.36 Q $43.25/CWT
TEXT PAPER! 609 Coated No.3 35.25.36 O $31.00/CW7
359 Premium 70
(minimum 06 week order time required)
Paper is subject to availability and price prevailing.
'BINDING: Perfect Bind with 3 tabbed inserts. Inserts to be diecut and
folded in for the Perfect Bind process.
PACKING 6 Bundle in convenient packages and bulk pack on skids. All
DISTRIBUTION: freight is F.O.B. Mechanicsburg.
SCHEDULE: To be agreed upon.
TERMS: As Established.
FRy COMmUt%1ICATIONS. INC.
05/Z0/99 -17_09 FAX 7909512
Payment: Unless otherwise specified, the terms are Net Thirty (30) Days, due and
pnjable thirty (30) days from the date of involce covering the work authorized by
shit contmct A finance charge of one and a half (1.5) percent per month (eighteen
(18) percent per annum) will be charged on all past due balances until paid. It is
understood and agreed that time is of the essence in this contract, and if the
Customer defaults in the paymentof any part hereof, the entire amount of the con.
trart shell Immediately become due and payable without notice at the option of
Printer, together with all costs of collection, Including reasonable attorney's lees if
cullccled by law or through an attorney. In the event Customer defaults In making
any payment under this or any other contract currently being performed for
Customer by Printer, Printer may suspend performance under this contract,
PRODUCTION;
a) Proofs: All proofs are to be returned to Printer b Customer, with corrections, IT
any, noted and marked `O.K with correcsions," and signed by properly authorised
person. The Printer is not responsible far errors in work printed in accordance with
Customers O.K. In the absence of signed O.K., the return of proof shall be sufficient
authorization for the Printer to print, unless a revised of is requested.
b) Supplied Paper: Customer is responsible for payment for any paper which Fy
SALES TAX: Customer may be subject to a d P'ntcr stay be obligated by lawto col-
lect sales tax on printed matte , Ian-flaas:a:e-is.,,i.ic+...wxr
)?pr:ccd. Unless otherwise state rte prices quoted do rot include saies lac
ALTERATIONS: No handwritten alterations to the typewritten portions of this agree.
men% are valid unlcn initialed by Printer and Custome •. Any changes to The original
specifications of this agreement aher acceptance by winter will be billyd as extra
charges at Printer's usual rates.
has stocked for Customers publication, including paper remaining on hand is the
result of Publisher changing printers, dlsconlinuing publication, or changing paper
requirements. The Printer reserves the right to substitute comparable paper of a
manufacturer diNerent than that designated unless 'No Substitution" is specified.
c) Fumhhcd Paper: Cu;tamer furnished paper must be of a quality suitable for ctf-
cfent and economical production. Sufficient additional paper as specified by the
Printer must be furnished to allow for normal spoilage. The Printer reserves the right
to reject any furnished paper which the Printer determines is not suitable to run on
its presses.
d) Overruns and Underruns: A variation in the ordered quantity as specified on
this reverse side shall constitute acceptable delivery. price to be adjusted accordingly.
INDEMNITY: Customer will indemnify, and agrees to save harmless, the Printer, of
and from any and all damages, losses, lees and costs wI Jch the Printer may incur, sus.
tain, or suffer, as the result of any claim, charge, or suit based upon any allegations
of libel, cbxeni;y, unlawful matter, infGngement for inisuse of copy, pirtures, per.
Wits, photographs, or other material, published by Ilse Customer, and set, plated,
printed or bound by the Printer under the terms of lh's Agreement, it being under.
stood and acknowledged that, the Printer has no conhal over the same; mid any sup'
presa:ons, impounding or seizure of printed matter, :,:cause of libelous, obscene or
unlawful matter, infringement of misuse, shall not relorse the Customer Item liability
to the printer for monies to be paid under the terms 0 this Agreement.
e) Production Schedule: Upon receipt of a signed contract, a detailed Production
Schedule will be mutually agreed upon in writing between the Customer and the
Printer for all work to be performed on this contract. The prices In this contract are
based upon full compliance with said schedule and any deviation from the agreed
upon schedule on the part of the Customer may result in a revised delivery date or
additional charges for downtime or over-Ume incurred by Printer due to said devil.
don from the schedule. In any case, no additional work will be performed by the
Printer until such revised schedule and/or pricing is approved by the Customer.
POSTAGE A140 FREIGHT: Customer shall pay Printer in advance for all possige. As
a courtesy, Printer will arrange for common earner shlpmenb on behalf of Customer
reaming the Customer as shipper, such shipments to be collect or prepaid by
Customer absent agreement to the contrary. Customer releases Printer from any Ila.
Vilify for non•dermtry or late delivery of printed material.
PAPER STORAGE CHARGES: The Printer will provide norar for the Customers
paper subject to the following charges. Rolls held in excess of the Customers over-
age requirement for two months will Incur a charge of S.57 per Cwt (minimum SSO)
per month. Skids of sheeted stock held In excess of the Customer's average require.
meet for two months will incur a charge of SIS.OD per skid (minimum S50) per
month. The average for two months will be determined by averaging previous
months' activity, going back 12 months. Paper that has been held for six months
with no activity will incur a charge of S.57 per CwL (minimum S50) per month.
However, If a Customer prints less frequently than four times a year, the Printer swill
not charge storage for 125% of the paper requirement for the calendar month
before and during the Customers month of production and will not charge storage
for 25% of the paper requirement for the calendar month after his production. All
charges will be based on the quantity of paper on hand the first &Z of the month,
ff storage charges remain unpaid lot 90 days, Printer shall have the right to demand
that Customer remove the paper from Printers sicirage. If Customer falls to remove
the paper after 20 dayr notice, Printer may sell the paper and remit the proceeds to
Customer less storage nits and costs of sale Printer shall also have the right to pur•
chase the pope for Its own account at market rates.
LIABILITY: The Printer shall not be liable for non.pc+•'ormance resulting from wars,
restrictions, national emergency, strikes, fires, floods, t.r other casualties, riots, insur-
rections, accidents, delays or accidents in Imnsportatim, or acts or defaults of sub-
contractor, or suppliers or to obtain power or tran,portation lacilities, rules and
resvictiores by law or government agency during perieds of national emergeri and
other causes beyond the Printers control, whether ce not the cause be of a class or
character similar to those heretofore enumerated.
THE REPRESENTATIONS AND WARRANTIES CONTAINED HEREIN ARE THE SOLE
REPRESENTATIONS AND WARRANTIES OF PRINTER, V MICH DISCLAIM 5. NYAND
ALL,OTHER EXPRESSED OR IMPLIED WARRANTIES If J IGLU NG WARRA TN IES OF
MFRCHAIVTARIL9Y AND FITNESS FOR A PARTICUL'!R PURPOSE, PRINTER'S UA.
BWTY FOR ALL CLAIMS ARISING HEREUNDER IN-:LUDING NEGLIGENCE OR
BREACH OF WARRANTY SHALL BE LIMITED TO CREDIT FOR AMOUNTS PAID 70
PRINTER FOR DEFECTNE WORK AND IN NO EVENT tVILL PRINTER BE,LIARLF FOR
LOSS OF REVENUE OR ANY OTHER RESULTING ORLQNSFOUEMUI R IN I.
DENTAL DAMAGES.
SUBSEQUENT PRINTING JOBS: To facilitate and exsedile the parties' dealings on
future printing jobs, it is agreed that the former set forth on this page shall apply to all
future printing jobs unless amended or contradicted by.I willing signed by both parties.
MISCTILANEOU51 The Printer reserves the right o perform any and all work
described in this contract in its own plant or in the p'i nt of any affiliated company Or
to subcontract In whole or in part.
No addendum to or amendment in the provisions If this Agreement s'sall be effee-
five or binding upon a party hereto unless embodied in a written instrument execut-,
ad on behalf of such party by an authorized represen'sdve.
The Production Schedule, when propelly execw:i as herein provided, and any
attachment(s) herein referred to an attached hereto crostitute a part of Ihu contract.
This contract contains the entire Agreement of the parties and no inducements,
representations, promises, agreements, or understanaings, oral or in writing between
the parties, not embodied herein or subsequently mrde a part of heie(d b a prop-
erly executed addendum or amendment hereto n Pereln provided, shall be of any
MATERSAL STORAGE: Storage of finished goods, inserts, coven, cartons, and all force Graffiti
other material will be free for up to 30 days prior to, and 30 days orcar, the original- Notwithstanding the foregoing, and recognising both the frequent), of change
ly scheduled print date. Finished goods and other material received earlier than 30 orders and press deadlines, rinters written change order sent to Customer shell
days prior to, or remaining in storage 3D days after, the odginally scheduled ornt emend the terms of the specific job it is pertinent to - vlpout the counttrsigruture of
date will be charged for storage at k rate o7 S21SS per skid or pallet, per month (or Customer, provided that Customer does not contra en the change order within 2e
portion thereat). Skids may not contain more than 2,000 pounds of material. hours of receipt thereof by mail or fox.
TNs Agreement Is wade pursuant to a'sd shall bt gwerned by the taws of the
Cer..rtAwealth of Pennsylvania. and Customer coruenb o dsdicion of the rata shared.
All of the prices, specifications, terms and conditions as shown herein ore hereby acknowledged ono accepted.
Accepted for Accepted for FRY COMMUNICATIONS, INC.
By By. ---
Title Title _
Date of Acceptance Date of Acceptance _
CUSTNER SERVICE
TERMS AND CONDITIONS
2002
4. tv -, b 161
rtae-L 4C&
QUALITY OF WORK: The Printer will use re3son4c ef'erts to reproduce ?:opy faith.
ful to the materials furnished by Customer. Norm//l shrinkage or expamio) of paper
and reasonable variation in color between proof and 9n4hed product shall coi
lute acceptable wok TITLE: Title and risk of loss or damage to finish s and s tni-finished Work wlil pass to
Customer upon the earlier of delivery to the Ur led Sta:es Postal Ser+ice or to carrier
(F.O.B.: Frys shipping dock), or delivery into st age, regardless of whether the trans.
port medium or storage facilities are owned a /or opt rated by us and regardless of
whether we charge you for storage. . .
Exhibit B
n1 n9_FAX 6910541 rnt AN.iuru .
05/17/99___ rurru.to? FRY DS CUST SVC
ost-it" Fax Note 7671
PunLIC
1300K
PAGE it
I
I
LATINO YELLOW PAGES
Invoice Date:
11/28/98
Attn: Gavon Marks Invoice No.: 3647
8027 Leesburg Pike program No.: 1/5141
Vienna, VA. 22182
Title: LATINO YELLOW PACE DIRECTORY
Size: 6 7/8' x 10 7/8"
Quantity: 251000 Copies,
page Count: 16 Pages COMM 601: Coated
C/2/S
8 PT 4/Color Process
4/Color Process
2 Pages -
es -
0 P INSERT
WHITE .,
351 Prem 70 Black Only
ag
4
2 pages - INSERT 8 PT., C/2/s 4/Color Process
s
16 Pages - COMM 60# Coated 4/Color Proces
Black & PMS Red
40 Pages - WHITE
INSERT 35# Prem 70
C/2/S
- 8 PT 4/Color
2 pages
YELLOW „
- 35# Prem 70 =
PMS Red &PMS Yellow
Black, ,
288 pages -
er: 0-4-4-4) w/VARNISH; 10 PT.
C , C/2/S
ov
BASE PRICE (25,000 Copies): 19,624-25
Paper ......................... .*-,-.............................. ............ 40,927.50
Manufacturing...................................................................
ADDITIONAL CHARGES: 1,395.00
Disk Output Film ..........................
Federal Express .............•...............,..........._..................... 47.75
375.00
Freight ............................ = ---°------
62,369.50
S U B-TOTAL ..............................................................
15,000.00
Deposit (Check # 135) ..............................
$ 47,369.DO
TOTAL (Net: 30 Days) ................................................... .
FRY COMMUNICATIONS. INC.
800 West Church Road, Mechanicsburg, PA 17055
Telephone: (717) 766.0211 Toll-Free: (800) 334.1429 FAX: (717) 691.0341
1
i
t
I
Exhibit C
JUN-16-1998 10: 12 FROM -RY C:ViaUfllCa(%CjN_ TO .B.EPFL'r F. 001?ZC1 -
06/12/1999 813;02 632-357-6750 ': .., BALL EARLY FACE 02
/?7-r-pcN nab' c.
I
1
J6
A?t Li t
?110M?Mo9 AMa
_ 9oo?c ?alKftrat na,waTt ?/ j') /
Billing Inbtruatimm and Application for CrOdit
-15;,?',t? Q
r(rm t ame = Date ldrl.
ftm Address f s
qty, state a zip coat No,
yhaatria•Jo -tar- _ r"w- 7a
latoloee to be seat to
V*Y00 tuun pl=hue ordors O Teo &L No
tlmwe than oa. top3"of inretos la t?rulred, plaaao I
Othtrtpoclalla6tmcttoaa
Naturr eta eu (l.(ed eok- &A,
Corpontiaa (to plat 1400) ' /
.(A tlu
Namu and Titles of prtaelpal of Nualneaa (V We T
1J-r..-744]
ill ?
Haw prevent tlrtn (or princlpali) a.ar does bueiaen I ,
uso, what wort the names
Pam to Contaet Ooaoeraini Tyrants _f ?A
No. orsmploytae I_ Looatlooa ?_ _ - .-- -
liame, Addraas, and Them No. o? bake (pltaso 61+s acemmt number and Bank OMcer's (tame)
7rf-i% IiA /7Ad r ye4c, C-A(" .,-A .^A
Trade Refetenoes eta' Tslapbow ttttrnber
rtybutslt,tp. Ulf/
Terms of mils; Net 80
6ltnature ?'
FOAM AN LSCSKPTION
>f YOU ARE TT°t7R7'lf'lC.A7i AAWWMM0 RUTH TWO
txrORattTSOx or o ox s6UGr 8s
FAY COMVUWCATIONS, INC.
600 Wt11 Chorth Goad, N,Ctiiui,W?ry, PA 17056
TCtphone; (717) 766.0211 TiAftee: (7'001334.149 FAX (717) 691.0361
1
law
\ TOTAL P.031
'.
J
Exhibit D
09/25/1558 13;52 1117?6 18 FRY DS CUS- SvC- ..
in 7
I
IL
PUSUCATION, CATALOG AND
BOOK PRINTING SPECIALISTS
Fr. ;r 01 ••e
Mr. Gavin Marks G"?c C'u`lt` ?Gc
Latino Yellow Pages 'AL 64, r?,r Je
a^y Prr,/,U,.A"
?` 1
l7' y
iy
Mr. Marks, Jam,
aym cI
This fax is a follow up to the conversation with Bill Early. j pJ AID
Following please find two examples of the problems we have with
the pages that were contained on the disk.
The pages listed "A" are the original color lasers. The pages
listed "B" are proofs from the film which was output from disk,
TAB INSERT:
The large photo was converted into a small picture and is backwards,
the background is now a dark purple with black lettering reading
Dr Alan Cornfield. The star "Nueva Oficina" has a square knock out
around it through the purple background.
Outside Back Cofer:
Spine & Neuro: Logo is low resolution causing it to look bumpy & choppy
The photo is backwards
CBG: Photo changed size, photo is backwards causing the logo in the
sign to read backwards.
Thank you,
e,(,I": V..i
Karen Stoermer, Fry Directory Services
FRY COMMUNICATIONS, INC., DIRECTORY SERVICES
P.O. Box 127, 3310 Connelly Road, Empaville PA 17315-0127
Telephone: (717) 767.9095 Toll-Free (55N) 334.1429 FAX: (717) 767-7015
I, Mary Roberts, hereby state I am the Controller for Fry Communications, Inc. and am
authorized to make this verification on its behalf. I have read the foregoing Amended Complaint,
and state that the facts set forth therein are true and correct to the best of my knowledge,
information and belief.
This statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
Mary Robe s
Dated: /212.3199
CEBTMCATE.Qu'RV[ r
AND NOW, this 23" day of December, 1999,1 hereby certify that a true and correct copy
of the foregoing document was served by United States Mail, first class, postage prepaid, and
addressed as follows:
Samuel W. Milkes, Esquire
Jacobsen 7 Milkes
52 Last .ibis Street
Carlisle, PA 17013
Manuel Christopherson
Latino's Yellow Pages, Inc.
450 West Broad Street, #111
Falls Church, VA 22046
Thomas O. Williams, Esquire
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Civil Action No. 99.3433 - Civil Term
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
ORDER OF C(1TTRT
TN RF• DEFEND ANT n p_n I PO RTS' nnr r .,, NARV QR TFCTT0 NC Tn
AmpajDFn COMPT.ATNT
AND NOW, this day of January, 2000, this case should be listed by
counsel for an Argument Court, after there has been sufficient opportunity for the
parties to supplement the record, by affidavit, by written interrogatories or by oral
deposition, regarding the issue of jurisdiction.
By the Court,
J.
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3933 - Civil Term
DEFENDANT f R f` T ?Pl? ORTS' PREi T TIVTTNARY IIR.TT'( TT(IATR '1D? I;[?jj)ly ll
COMES NOW, the Defendant, C&G Imports, Inc., by its attorney, Samuel 1V
Milkes, Jacobsen & Milkes, and submits the following Preliminary ObjoetionN to the
Amended Complaint mailed by Plaintiff on December 23, 1999,
1. Jurisdiction: The Court lacks jurisdiction over the Defendant, C&G
Imports, Inc. in that:
a. This Defendant is incorporated in the CommonwetltIt of Virl;inill
and does not have sufficient contacts in 1)I'1111NV1t4111ltr to r+ubmit to
the jurisdiction of this Commonwealth.
b. This Defendant is not a Pennsylvania Corporation.
?? Via,
c. This Defendant has not entered into any contracts in Pennsylvania
that would cause it to be subject to the jurisdiction of Pennsylvania.
2. Insufficient Specificity: The Compliant fails to set forth with sufficient
specificity facts that could allow for the conclusion that any contractual
relationship exists between Plaintiff and Defendant C&G Imports.
3. Failure to attach Required Documents: Under Rule 1019(h) of the
Pennsylvania Rules of Civil Procedure, the Plaintiff is required to attach a
copy of any writing upon which the action is based.
a. The writing found at Exhibit C of Plaintiffs Amended Complaint is
only a partial document, with a portion of the document blocked out
by what appears to be a stick-on note, photocopied on top of the
original document.
b. The writing found at Exhibit D of Plaintiffs Amended Complaint
is, according to paragraph 22 of the Complaint, a copy of a written
communication from Fry to Gavin Marks of C&G. However,
Exhibit D is a portion of a letter, addressed to Gavin Marks, Latino
Yellow Pages, and the letter contains neither the mailing address of
the addressee, nor a date. The exhibit is a portion of what was sent
and does not constitute all relevant portions of the document.
WHEREFORE, for the reasons stated above, C&G respectfully requests of
this Honorable Court that it dismiss Plaintiffs Amended Complaint and that, in the
event the Court or either party deems it necessary to supplement the record, in
order to allow these Preliminary Objections to be fully considered, the parties be -
permitted to supplement the record by affidavit, by written interrogatories or by
oral deposition.
Respectfull ubmitted,
BY: Samuel W. Milkes, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 30130
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
V.
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3433 - Civil Term
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a true and correct copy of Defendant
C&G Imports' Preliminary Objections to Amended Complaint, in the above captioned
matter, was duly served upon, Thomas 0. Williams, Esq., Attorney for the Plaintiff, by
depositing it in the U.S. Mail, on January 4, 2000, addressed as follows:
Thomas 0. Williams, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: January 4, 2000
Deborah R. Clark c
I.
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
Civil Action No. 99-3433 - Civil Term
?a'e ?? ?
l1ct° .W qI A U;
6Y
OR PR (1F (YITTRT
TN RP- EFFNTIATSTT m(' IMPnRTC' PRFI,n?INARV OBJECTIONS To
AND NOW, this day of January, 2000, this case should be listed by
counsel for an Argument Court, after there has been sufficient opportunity for the
parties to supplement the record, by affidavit, by written interrogatories or by oral
deposition, regarding the issue of jurisdiction.
By the Court,
J.
FRY COMMUNICATIONS, INC.
800 West Church Road
Mechanicsburg, PA 17055
Civil Action No. 99-3433 - Civil Term
Plaintiff
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants
(1RT1F.R. or, (7(11113
T
IN RF• T1FEi'L'i NTIANT P&G IMPORTS'PREITMINARY OBJECTIONS TO
AND NOW, this day of January, 2000, this case should be listed by
counsel for an Argument Court, after there has been sufficient opportunity for the
parties to supplement the record, by affidavit, by written interrogatories or by oral
deposition, regarding the issue of jurisdiction.
By the Court,
J.
._ r
r?
?MY/k?w>y.X.4lk hf?Yfi x rL (4?. cF ?P.. ?.. I?i ?,(
JACOBSEN & MILKES
52 East High Street I _
Carlisle, PA 17013-3085 ?aN-ml -
r
?
Thomas 0. Williams, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013-3085
Samuel W. Milkes, Esq.
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
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FRY COMMUNICATIONS, INC
800 West Church Road
Mechanicsburg, PA 17011
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V.
Civil Action No. 99-3433 Civil Term
LATINO'S YELLOW PAGES, INC.
8027 Leesburg Pike
Vienna, VA 22182
and
C&G IMPORTS, INC.
936 North Kenmore Street
Arlington, VA 22101
Defendants.
PLAINTIFF'S ANSWER TO DF.FF-Nt ANT R,r_ IMPORTS, IN 'S
PRELIMINARY OBJECTIONS-10-AMENDED OMPI AM
1. Denied. The averments of paragraph I constitute conclusions of law to which no
responsive pleading is required.
a. Admitted in part denied in part. It is admitted only that Defendant, upon
information and belief is incorporated in the Commonwealth of Virginia. The remaining
averments of paragraph 1(a) inasmuch as they constitute conclusions of law are denied.
b. Denied. The averments of paragraph I(b) constitute conclusions of law to
which no responsive pleading is required.
2. Denied. The averments of paragraph 2 constitute conclusions of law to which no
responsive pleading is required.
3. a. Denied. The writing found at Exhibit C of Plaintiff's Amended Complaint,
as a document in writing, speaks for itself. To the extent that the averments of paragraph 3(a) are
inconsistent therewith, said averments are denied,
b. Denied. The writing found at Exhibit D of Plaintiff's Amended Complaint,
as a document in writing, speaks for itself. To the extent that the averments of paragraph 3(b) are
inconsistent therewith, said averments are denied.
WHEREFORE, Plaintiff Fry Communications, Inc. respectfully requests this Honorable
Court to dismiss Defendant C&G Imports, Inc.'s preliminary objections. In the alternative,
Plaintiff respectfully requests that this Honorable Court grant the parties an opportunity to
supplement the record by affidavit, written interrogatories or oral depositions regarding the issue
of jurisdiction.
Respectfully submitted,
Date: January 10, 2000
t
Robert A. Swift
Craig W. Hillwig
KOHN, SWIFT & GIZAF, P.C.
1101 Market Street, Suite 2400
Philadelphia, PA 19107
(215) 238-1700
2
/l
Theodore A. Adler
Thomas 0. Williams
REAGER, ADLER & COGNETTI, P.C.
2331 Market Street
Camp Hill, PA 17011
(717) 763-1383
Attorneys for Plaintiff
3
.RUELCAIE= OF_FRYIM
AND NOW, this I Z1*1 day of January, 2000, 1 hereby certify that a true and correct copy
of the foregoing document was served by United States Mail, first class, postage prepaid, and
addressed as follows:
Samuel W. Milkes, Esquire
Jacobsen 7 Milkes
52 East High Street
Carlisle, PA 17013
Manuel Christopherson
Latino's Yellow Pages, Inc.
450 West Broad Street, #111
Falls Church, VA 22046
Thomas O. Williams, Esquire
ajzm?
FRY COMMUNICATIONS,INC., : IN THE COURT OF COMMON PLE
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO.: 99-3433 Civil Term
V.
LATINOS YELLOW PAGES, INC.,:
And C&G IMPORTS, INC.,
Defendants
PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance on behalf of the Defendant,
C&G Imports, Inc.
Dated:)
TO THE PROTHONOTARY:
Respectfully submitted,
JACOBSEN & MILKES
amuel M' es, Esquire
52 East High Street
Carlisle, PA 17013
(717) 249-6472
Please enter my appearance on behalf of the Defendant,
C&G Imports, Inc.
Respectfully submitted,
SAIDIS, S?SHUFF, FLOWER & LINDSAY
Dated: -7-h -C, I
SAIDIS J seph L. Hitching Esquire
SHUFF,FLOWER Attorney S.D. # 655 1
& LINDSAY 26 West- High Street
ATMRNEYS-AT•uW Carlisle, PA 17 013
26 W. High sired (717; 243-6222
C.arllale, PA
(CERTIFICATE OF SE VICE
On this fC day of 20CL, I,
hereby certify that I served a true and correct copy of the
foregoing Praecipe for Entry/Withdrawal of Appearance upon all
parties of record via United States Mail, postage prepaid,
addressed as follows:
Thomas O. Williams, Esquire
23313 Market Street
Camp Hill, PA 17011
SAIDIS, SNUFF, FLOWER & LINDSAY
By:_
SAIDIS
SHUFF, PLOWER
& LINDSAY
AnUMVPAY-LA W
16 W. High Street
Carlisle, PA