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HomeMy WebLinkAbout99-06263 z . 4N <1 ?k t IIF?'?+?"? ? ?t { J } i]4 C Pyv F !T l ?? 1 F 1 q S y l ?? r { 2 L 1? e ) is na j F o ' - } F r) y „ ly ?! v P ,LL Ir°e-. e 1 t J r , 5 4t i KEITH GORDON and BEVERLY GORDON# t/a PHOTO MEMORIES, Plaintiff, V. CARLISLE PRODUCTIONS, INC., Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6263 CIVIL RULE 1312.1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Michael W. Flannelly ,counsel for the plaintifbUL*XU% in the above action (or actions), imspectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the actionis$ 4.860.00 plus .interest from 8/1/99. The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Samuel L. Milkes, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submit ORDER OF COURT AND NOW, foregoing petition, i Esq., and /C.- actions) as prayed for. t9?O in consideration of the Esq., ll c?1? fir. "A4,zor&' Esq., arc appointed arbitrators in the above captioned action (or Y ti. r, . ALI C= L- pz' or il M l O U G C) cy. / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH GORDON and BEVERLY GORDON, t/a PHOTO MEMORIES, Plaintiffs, V. CARLISLE PRODUCTIONS, INC., Defendant. No. l / - lpa?z3 CIVIL ACTION-LAW 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 arc 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 r t*lQr A55'aG,tC 7d1A ?-; !? e,?CY /? ttt Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH GORDON and BEVERLY GORDON, t/a PHOTO MEMORIES, Plaintiffs, No. V. CARLISLE PRODUCTIONS, INC., CIVIL ACTION-LAW Defendant. USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defcnderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro do vcinte (20) dies a partir de la fecha en que recibio la demanda y cl aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por cscrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notification por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensation reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OSTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI SUTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINIA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Rcferral Service of Cumberland County Court Administrator Cumberland County Courthouse Carlisle, PA 17013 Tclefono No. (717) 240.6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH GORDON and BEVERLY GORDON, t/a PHOTO MEMORIES, Plaintiffs, No. 99 - 6.L 63 eau / T+ r? V. CARLISLE PRODUCTIONS, INC., CIVIL ACTION-LAW Defendant. 1. Plaintiffs, Keith Gordon and Beverly Gordon t/a Photo Memories, arc adult individuals, husband and wife operating as a partnership, with a principal place of residence located at 3067 Crown Circle, Manchester, Maryland 21102. 2. Defendant, Carlisle Productions, Inc., is a Pennsylvania corporation with a principal place of business located at 1000 Bryn Mawr Road, Carlisle, Pennsylvania 17013-1588. 3. Plaintiffs arc in the business of providing photographic souvenirs for cars and other matters. 4. Defendant is in the business of operating, among other matters, car shows at the Carlisle Fairgrounds in Cumberland County. 5. In July of 1999, Keith Gordon of Plaintiff contacted a representative of Defendant concerning the possibility of becoming a vendor at the July 31, 1999 car show produced by the Defendant. During said conversation, Mr. Gordon advised said representative of the nature of his business which was to photograph vehicles attending the car show, develop said photograph and incorporate the photograph into a key chain. It explained by Mr. Gordon to said representative that it would be necessary for Mr. Gordon and his representatives to move about the fairgrounds to photograph the vehicles. The representative of Defendant did not indicate any problems with this arrangement. 6. Pursuant to said conversation, Defendant agreed to accept Plaintiffs as an authorized vendor for the July 31, 1999 car show. Pursuant to said agreement, Plaintiffs paid Defendant $65.00. 7. Mr. Gordon had a detailed conversation with John Detrick of Defendant on July 28, 1999 wherein Mr. Gordon again detailed the nature of his business, and the need to move about the car show to take photographs. 8. On July 31, 1999, Plaintiffs went to the car show and began taking pictures pursuant to the verbal, contractual relationship set forth above. 9. Despite the previous agreement between Plaintiffs and Defendant as to the nature of Plaintiffs' need to move about the fairgrounds to take pictures, Defendant prohibited Plaintiffs from engaging in any activities outside of the booth where Plaintiff was selling the aforementioned key chains. 10. At the time Defendant prohibited Plaintiffs from moving about the fairgrounds, Plaintiffs had taken only one hundred (100) pictures. 11. Plaintiffs came to the fairgrounds prepared to take two thousand onc-hundred sixty (2,160) pictures. 12. Based upon previous experience at other shows, Plaintiffs could reasonably expect to sell fifty (50%) percent of the total pictures at $5.00 per picture. 13. Plaintiffs anticipated gross receipts at the aforementioned car show of approximately $5,400.00. 14. The historical expenses for Plaintiffs' operation is approximately ten (10%) percent of the gross receipts. 15. Plaintiffs' anticipated profits for the show in question was $4,860.00. 16. It was not possible for Plaintiffs to perform the anticipated activities once it was limited to the booth where it was selling the key chains. 17. Defendant breached its contract with the Plaintiffs by reneging on its agreement that Plaintiffs could freely move about the fairgrounds to take pictures. 18. Plaintiffs have been damaged in the amount of $4,860.00 as a result of Defendant's breach of contract. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $4,860.00, together with interest from the close of the car show on August 1, 1999, as well as costs of suit. MORGAN & FLANNELLY By: Michael W Flan Ily, Esquire Supreme Cbud _ID. #37013 Attorneys for Plaintiffs 18 South George Street Suite 201 York, Pennsylvania 17401 Telephone: (717) 854-2822 Dated: 10 I?flC( VERIFICATION 1, the undersigned, Keith Gordon, Plaintiff, hereby affirm that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. PHOTO MEMORIES Dated. By; &W///?Z? Keith Gordon VERIFICATION I, the undersigned, Beverly Gordon, Plaintiff, hereby affirm that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. PHOTO MEMORIES Dated: By Beverly G on =a r=% s a f?F 1'S+ J? C j jY:?F ? ? ?'- n? ?' r: I 7.,' L4 ? ? ^7 I?)t ? ?7 .} v ? ?7C7 p?p.?? C J /yV( ? C?: 14 r? .J V <r? Ci w rah r>? <s? llw' rr. r"= ??' '?a ??, ?CT+sx t ,s r?' YNK irz$, (4 ?? ,n ?. x„ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH GORDON and BEVERLY GORDON, t/a PHOTO MEMORIES, Plaintiffs, No. 99- L aL. V. CARLISLE PRODUCTIONS, INC., CIVIL ACTION-LAW Defendant. I, Samuel W. Milkes, Esquire, accept service of the Complaint on behalf of the Defendant, Carlisle Productions, Inc. and certify that I am authorized to do so. Date: Q<Am By: Samuel W. Milkes, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 Telephone: (717) 249-6427 ??? ,? ?; ups. ? I ' . ? ? :r- " j _ ? f w . J C, d U w s..: ?? ?? - G `?Gj q rn ?, E 1 KEITH GORDON and BEVERLY GORDON t/a PHOTO MEMORIES, PLAINTIFFS V. CARLISLE PRODUCTIONS, INC., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 99-6263 CIVIL TERM 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 the Counter Claim 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 Counter Claim or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE, (717) 249-3166 KEITH GORDON and s IN THE COURT OF COMMON PLEAS OF BEVERLY GORDON s CUMBERLAND COUNTY, PENNSYLVANIA t/a PHOTO MEMORIES, s PLAINTIFFS s CIVIL ACTION -- LAW v. r r CARLISLE PRODUCTIONS, INC., r DEFENDANT s NO. 99-6263 CIVIL TERM ANSWER COMES NOW, the Defendant in the above-captioned action, by its attorney, Samuel W. Milkes, JACOBSEN & MILKES, and responds to the Plaintiffs' Compliant as follows: 1. Defendant was supplied with the address of 3767 Crown Circle, Manchester, Maryland 21102, for the trade name of Photo Memories, not the address shown on the Complaint. Accordingly, this portion of the averments of this paragraph is denied. The averments are otherwise admitted. 2. Admitted. 3. Defendant is not aware of Plaintiffs' business activities and is therefore neither able to admit nor deny this averment. Strict proof is demanded. 4. Admitted. 5. Admitted that a telephone conversation between Keith Gordon and John Detrick, a representative of Defendant, took place on July 28, 1999. Denied that any other conversations between Plaintiffs and Defendant took place prior to the time Plaintiffs began to conduct business on Defendant's property. The July 28 conversation is further discussed in the answer at paragraph 7. 6. Admitted that on July 26, 1999, Plaintiffs paid Defendant $65.00 for the rental of a vendor space on Defendant's property. Denied that some separate prior agreement for the rental of this space occurred, aside from the rental terms themselves, described below. 7. Admitted that on this date, Mr. Gordon had a conversation with Mr. Detrick and that during the course of this conversation, Mr. Gordon detailed the nature of his business. As a further answer, Defendant asserts that this conversation took place by way of a telephone call initiated by Mr. Detrick when he learned of the nature of Plaintiff's business. The purpose of this call was to inform Mr. Gordon that the sales activity he intended to undertake was not permissible and Mr. Gordon was specifically told by Mr. Detrick that he could not engage in the activity he intended, outside of his rented space. 8. Admitted that on July 31, 1999, Plaintiffs began taking pictures around the entire area of Defendant's fairground. Denied that this was pursuant to any contractual agreement. It is further stated that the picture taking referred to in this paragraph occurred not in the Plaintiffs' rented space but at various locations throughout Defendant's fairgro und property. 9. Admitted that Defendant prohibited Plaintiffs from engaging in their business activities only to the extent that these activities involved the use of and sale of their merchandise outside their assigned space. Denied that this prohibition was contrary to any agreement previously reached by the part ies. 10. Defendant is neither able to admit nor deny this averment, since it relates to knowledge and information possessed by Plaintiffs and strict proof is demanded. 11. Defendant is neither able to admit nor deny this averment, since it relates to knowledge and information possessed by Plaintiffs and strict proof is demanded. 12. Defendant is neither able to admit nor deny this averment, since it relates to knowledge and information possessed by Plaintiffs and strict proof is demanded. 13. Defendant denies this averment, to the extent that Defendant considers the damage amount to be overstated. Otherwise, Defendant is neither able to admit nor deny this averment, since it relates to knowledge and information possessed by Plaintiffs and strict proof is demanded. 14. Defendant is neither able to admit nor deny this averment, since it relates to knowledge and information possessed by Plaintiffs and strict proof is demanded 15. Defendant denies this averment, because of the overstated amount of business Plaintiffs state they intended to undertake. Otherwise, Defendant is neither able to admit nor deny this averment, since it relates to knowledge and information possessed by Plaintiffs and strict proof is demanded. 16. Denied. The activities described by Plaintiffs could be undertaken within Plaintiffs' assigned area. 17. Denied. No contract ever existed, allowing Plaintiffs to freely move about the fairground to take pictures. 18. Denied that Plaintiffs were damaged at all. It is further denied that Plaintiffs have stated a specific enough factual basis for claiming these damage amounts and that to the extent the damages are alleged, they are grossly overstated. WHEREFORE, Defendant requests of this Honorable Court that it deny Plaintiffs the relief requested and that it enter judgment in favor of Defendant. NEW MATTER 19. The information set forth in Defendant's Answers above is hereby incorporated. For the period July 30 through August 1, 1999,plaintiffs rented a single designated space at Defendant's property, labeled as Row D, Space 46-48. 20. 21. 22. For this time period, Plaintiffs did not rent the entire fairground area, nor did they rent an option of using the entire fairground area to market or distribute their merchandise. Part of the business activity conducted by Plaintiffs r while present at the fairground was to roam about the entire fairground area and to distribute merchandise outside of Plaintiffs' assigned space. This occurred by the fact that Plaintiffs handed out cards or other identifying merchandise, telling people where to find Plaintiffs' site and the fact that Plaintiffs roamed around the fairground with merchandise that Plaintiffs and their agents showed to patrons of the fairground, in an attempt to persuade these individuals to purchase merchandise of their own; i.e., key chains with the individual's photograph. Also, Plaintiffs and their employees or agents roamed about the fairground with cameras, taking pictures of patrons of the fairground. The business activity described in paragraph 25 was specifically prohibited at the fairground during this car show and Plaintiffs were informed of this by written documentation and during the July 28, 1999 telephone conversation described above, in which Mr. Detrick informed Plaintiffs of the application and interpretation of rules and regulations governing activity at the fairground. 23. The terms of agreement between the parties were reflected in part by written Confirmation, a sample of which is attached as Exhibit A. 24. This Confirmation was developed contemporaneously with Plaintiffs, payment for the rental space. Accordingly, if forms a part of the contract between the parties. 25. The Confirmation indicates that a specific show date has been reserved for Plaintiffs, at a particular location. 26. The Confirmation also indicates as follows: "All spaces are subject to published regulations." 27. The published regulations in effect at the time of this space rental are attached as Exhibit B. 28. These regulations are headed as follows: "Rules and Regulations: All Spaces are Subject to the Following Regulations" 29. At paragraph 3 of the Rules and Regulations, Plaintiffs were notified that "All flea market merchandise, vehicles and tent stakes shall be contained within assigned space." 30. As described above, Plaintiffs roamed about the fairgrounds with various portions of their merchandise, including samples of keychains, cards, and cameras. 31. These rules also indicate the following at paragraph 4: Carlisle Productions assumes no responsibility for any damage or loss by fire, theft, or any other cause whatsoever. Vendors and spectators use the facilities at their own risk and agree to indemnify and save harmless Carlisle Productions, its agents and employees from any loss or liability including but not limited to costs of defense, arising from participation at events conducted by Carlisle Productions and/or held at the Carlisle Fairgrounds. 32. In their Complaint, Plaintiffs seek damages against Carlisle Productions. 33. Defendant herein asserts that under the rental terms, Plaintiffs have agreed that Defendant assumes no responsibility for the damages claimed and further, Plaintiffs have agreed to indemnify and save harmless Defendant for the damages sought herein, including costs of defense. 34. Plaintiffs set forth the damages they claim at paragraphs 10-15 of their Complaint. 35. The basis for calculation of Plaintiffs' damages involves speculation relating to how many pictures Plaintiffs were "prepared to take," a statement of what percentage of pictures taken by Plaintiff they could "reasonably expect to sell," what Plaintiffs expected to be their "anticipated gross receipts," and "historical expenses" at an "approximate percentage." These amounts are speculative and do not set forth sufficient grounds for any claim of damages beyond the tl $65.00 rental fee paid by Plaintiffs. WHEREFORE, Defendant respectfully requests of this Honorable Court that it deny the relief requested by Plaintiffs and further that in the event any damages are assessed against Defendant, Plaintiff be required to pay this amount to Defendant, under the hold harmless provision described above, together with costs of defense, including attorney fees and costs. COUNTER CLAIM 36. The information set forth in Defendant's Answer and New Matter above is hereby incorporated. WHEREFORE, Defendant respectfully requests of this Honorable Court that it deny the relief requested by Plaintiffs and further that in the event any damages are assessed against Defendant, Plaintiff be required to pay this amount to Defendant, under the hold harmless provision described above, together with costs of defense, including attorney fees and •,t costs. '. , ?"??;_.. F Respectfully submitted, BY: Samuel Milkes, Esq. ?,. JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 (717) 249-6427 Fax: (717) 249-8427 { Attorney No. 30130 .! 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: /8/1/9 CEO and President of Defendant CAFRt_I==L.F= P R 0 D U C T 1 0 N S 111%) Dry n Mawr Road • Culkle. M% 171113.OXX Ph n 17171241.79.15 MEET/EVENT a aoo . . Dear Vendor; The follolving spaces are confirmed in your name. Show dales and revothmended set-up date are listed below, ahhough you movset up at your convenience. Thanks for coming to Carlisle! 07130/1999 08/01/1999 t7/1-9/1999 PHOTO MEMORY CONFIRMATION 3767 CROWN CIRCLE D 46 TO 46 65.00 MANCHESTER. MD 21102 ALL SPACES ARE SUBJECT TO PUBUSHED REGULATIONS 10/14/1999CC Rules & RegulaflCAs 1. Carlisle Productions reserves the right to reject application for space rental or renewal on the basis of nanllsfacfory previous conduct or merriandiu that don aol Of within the mope of the event. Determinstbn to be made at mole dlaaelioo of Carlisle Productions, Carlisle Production deco reserves the viol to remove WW&aly who eMU uavailsfaetory behavior during an event. L Flea market spew shad be used for sole of parts, semscries, etc, only and may not be used mutely u camping or parting spaces 7. All Bea market merchandise, vehicles and teal states shall be coo Wntd within assigned Spam 1. udiale Productions axeama no responsibility for any damage or doss by Are. theft or any other roue wh isoem tkodors and spectates use the facilities at their own fink and agree to ludemoiry and mare harmless CuUsle Productl0al, its ageata and employes from any loss or liabUlty including bat Out limit- ed to costa of defense. selling tram participation al events ou- dueled by O dlak Prododiou and/or held at the Carilsk hirpumds. 5 .'Subletting Occupancy and Refunds are subject to policy stated below .. 8. Speca.telandt for n,,..il.i.?,• will sot be wide kmm Ibu one wtek prior ta the begfaafag of Ibe evmtA' , . ' :T. The eak of GUNS, IiMVF3,11ABSHAL ARfS NPAPONS.ate. ;, Is prohibited except for antlgae Items for sale at the Antique rErtattSdeofAmwortsfspohidiled!A:,.' ':,.. 8. Car corral spew are for vehicle males only (NO PARTS, ft) 9. Car asks are prohibited In perking and'abaw Bed' areas 10. No motor homes arc permitted In Car Corral, except In "Pal- ed arms along leace at FatB and Spring events. I1. Camping is restricted to desigaited camping areas. (No camping area at Spring and F q. No open Ben permitted any time. IL Only one vehicle pass will be Issued per rpm Vd dde pass MUST be al W to vehicle's windshield." ..., .:. •. 11. Trash bap are iviihble at BWWW%T oBlx 1lndorswM be ,dwpd for excessive, anbagged, trash deamp. II. NO PETS am AWNED on the ftGpou& • Mweptioa: Wndors and exhibitors who travel hum one event to another and take their pets with them. Fits &W be conWaecl within the Owncl s usiped spaces and shall be kept on a leas!. Policing allypets Is repir d.) 15. NO H N BUMS, MOTORCYCLES, BICYCIES or CALF CARTS shall be Operated during show between 8 &m. and 1 pm ercept vendors traveling between their spaces and ptes Special hand- lapped permits may be obtained al the security office IN non- alatory Individuals with appropriate. documentation of handicap. ' e,Melrfll • .. marlMati.. 16 a, ..'akular IraUk is discouraged between 1 an. and 5 aas. From dust to dawn all vehicles must have operating Ilghts. (b) At The Spring and FWI slaws, no vehicular traffic will be per. milled on FRIDAY and SATURDAY between 10 am. and S pm. 17. Generators musing excessive noise or fumes are pohibiltd. Generators may be operated only between 6 a.m. to 11 pm. 18. Radios, stereos, TV's, loudspeakers, etc, shall not be operated in such a manner u to disturb other vendors or spectators. 19. Responsible mu mpllon of alcoholic beverages is permitted. Disorderly or latmdcated persons will not be tolerated Sale of alcoholic beverages is prohibited. 10. Use of objectionable language, gulorts. or disorderly conduct Is prohibited. 11. Paging will be made for emageocks only Hating lost partly at the stage Is recommended 22. M. drink notary/title servlceso idm Carlisle sportswear, and souvenir rights are ruined by Culisle Productions. 23. %Wors must present apace oafirmallon to obtain wolf-In/vts- dor pessem at the pies or oMm u follows two (1) for the first apace and one (1) per tear additional space: with a maximum of five (5) passes per veadoc 11. Carhis:e Security has the right to late into custody and detain Individuals believed to have violated any laws of The Commonwealth of Fenasylvania. Afar smsouble lovestlplion, such person may be released or tensed over to police authorities for further iavestiption and possible prwemtloa No spew shall be sublet. permanent transfer of ownership is permissible (must be due through WE* Predeetloua' office) but subletting Is ut. Violation of this policy will result to lorkitert of renewal rights. U spaces stand vaunt for two con mthe years of any cunt, renewal rights will be forlelled. . lkudors who cannot attend are Spring or FkU show but with to retain renewal rights shall notify Our Office Vk will attempt to M real your space(s) for that show and give you a 50% credit or 50% refund Such re-mW is not paraoled Cars for sale In the Car Corral mud be brought-lax under their own power or towed by another tar Corral vehicle. tarp having Its an slider. Unloading of vehicles on premises Is pr"lled an sbow days Parking is not provided for haulers and Wers unless they are offered for sale In a cur corral spas. Ykhicles In cur corral must be contained in trued Spam Aisles most reatain completely Open. Carisle pmwcnons, et • 1000 Bryn Alan Road. Uria PA 17017.1558 Emu Vaamm (71 T) 243-TOM • FAX (71 q 2434M . . h `' N _r. ,?- _ _:. ? ,. ?_ I ?' ? =: , ?? F?: C. ?ij?IJ U rn I Ol L { KEITH GORDON and BEVERLY GORDON t/a PHOTO MEMORIES, PLAINTIFFS V. CARLISLE PRODUCTIONS, INC., DEFENDANT r - s IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA t t CIVIL ACTION -- LAW s : NO. 99-6263 CIVIL TERM I, Deborah R. Clark, hereby certify that u true and correct copy of the Notice, Answer, New Matter and Counter Claim in the above-captioned matter was duly served upon Michael W. Flannelly, counsel for Plaintiff, by depositing it in the U.S. Mail, first class, on November 1, 1999, addressed as follows: Michael W. Flannelly MORGAN & FLANNELLY 18 South George Street, Suite 201 York, PA 17401 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: I l i , lyQth Deborah R. Clark `? ti r ??' ?' ? ?. c1. ] a C , cn -?f' i ? tU vi J +, XS?.?r??.rw?v. Tx n...n cx'n...? .:rv.. ..a,..?,. .. . ..: ::..? ? ?. v.i . '?:<. _ L ... ?s.i?... s. w:--..i.ynfW'v..?y+?'w [ . .: if e:rr} . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEITH GORDON and BEVERLY GORDON, t/a PHOTO MEMORIES, Plaintiffs, No. 99-6263 V. CARLISLE PRODUCTIONS, INC., CIVIL ACTION-LAW Defendant. PLAINTIFFS' REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM 19. The avcmicnts of the Complaint arc incorporated by reference herein. As more fully set forth in the Complaint, the Agreement between the parties was that Plaintiffs would be able to take pictures of cars located at various and diverse places throughout the fairgrounds, and then sell pictures of those cars at a single designated space located on Defendant's property labeled as Row D, Space 46-48. 20. Denied. On the contrary, as more fully set forth in the Complaint, and in response to the paragraph above, Plaintiffs rented a single space in which to sell a particular product. It was understood at the time of the entry into the agreement that Plaintiffs would be free to travel about the fairgrounds for the limited purpose of photographing the vehicles. 21. Denied. On the contrary, Plaintiffs, consistent with conversations with representatives of Defendant, took photographs of the vehicles and then handed a flyer identifying the location of the booth and picture number to the owner of the vehicle. Plaintiffs only went to those portion of the groun!s necessary to take the aforementioned pictures. 22. Denied. On the contrary, as more fully set forth in the Complaint, Plaintiffs fully advised the Dcfendant of their intended activity and was granted permission to conduct the activity. There would have been no set of circumstances under which Plaintiffs would have agreed to be restricted to a booth in that the business requires free movement around a car show. Furthermore, it is denied that documentation provided restricts the taking of photographs. 23. Denied. On the contrary, the full agreement between the parties is set forth in the Complaint. Said agreement contained the discussions between the Plaintiffs and representatives of the Defendant that occurred prior to the car show itself. 24. Denied. On the contrary, Defendant sets forth a legal conclusion to which no response is required. By way of further response, the contract is more fully set forth in the Complaint and in the paragraph immediately above. 25. Denied. On the contrary, the document speaks for itself. By way of further response, the confirmation merely indicates the location wherein Plaintiffs agreed to sell its product. 26. Denied. On the contrary, the document speaks for itself. 27. Denied. On the contrary, Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of the avcmmenl concerning the effective date of Defendant's own policies. 28. Denied. On the contrary, the document speaks for itself. 29. Denied. On the contrary, the document speaks for itself. By way of further response, all of Plaintiffs' merchandise was confined to the assigned space. 30. Admitted that Plaintiffs, in conformity with their verbal agreement with the Defendant, performed certain activities necessary to their business. By way of further response, all sales of the product itself took place purely within the location rented from the Defendant. 31. Denied. On the contrary, the document speaks for itself. 32. Admitted. 33. Denied. On the contrary, Defendant sets forth a legal conclusion to which no response is required. By way of further response, the paragraph in question does not insulate Defendant from wonton breach of contractual relationship with its vendors. 34. Admitted. 35. Denied. On the contrary, Defendant sets forth a legal conclusion to which no response is required. By way of further response, the anticipated profits arc reasonably subject to calculation. WHEREFORE, Plaintiffs demand judgment against Defendant as set forth in the Complaint. ANSWER TO COUNTERCLAIM 36. The averments of the Complaint and of the Reply to New Matter are incorporated by reference herein. By way of further response, as more fully set forth in response to Paragraphs 31 through 33 above, the clause in question is not relevant to the facts presented in the Complaint. WHEREFORE, Plaintiffs demandsjudgment against Defendant, together with costs of suit. Dated: 11- l'7-C19 MORGAN & FLf ?MZLY Michael . Flan elly, Esquire Supreme ourt I /D. #37013 Attomcys r P mtiffs 18 South George Street Suite 201 York, Pennsylvania 17401 Telephone: (717) 854.2822 VERIFICATION 1, the undersigned, Beverly Gordon, Plaintiff, hereby affirm that the facts contained in the foregoing Plaintiffs' Reply to New Matter and Answer to Counterclaim 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. Section 4904 relating to unswor falsification to authorities. PHOTO MEMORIES Date: Beverly ardon 0 I, the undersigned, Keith Gordon, Plaintiff, hereby affirm that the facts contained in the foregoing Plaintiffs' Reply to New Matter and Answer to Counterclaim 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. Section 4904 relating to unswom falsification to authorities. PHOTO MEMORIES AhIt. Date: //- BY• Keith Gordon >: G ;F p 1, Michael W. Flannelly, Esquire, hereby certify that on this date a copy of the foregoing Plaintiffs' Reply to New Matter and Answer to Counterclaim was served on Defendant's counsel in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID THEREON ADDRESSED AS FO . LOWS: Samuel L. Milkes, Esquire JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013 MORGAN& FLANNELLY Michael P. Flan Illy, Esquire Sunrcmc ourt D. N37013 Attorneys fo-r Plaintiffs 18 South George Street Suite 201 York, Pennsylvania 17401 Telephone: (717) 854-2822 Dated: I 1-1-1- Cl Ej ? to d ? l N = I : a O.. (V Q1 KEITH GORDON and BEVERLY GORDON t/a PHOTO MEMORIES, PLAINTIFFS V. CARLISLE PRODUCTIONS, INC., DEFENDANT TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW NO. 99-6263 CIVIL TERM PRAECIPE Please mark the above case as settled in full, and discontinue any further action as to any claims or potential claims of the plaintiffs or defendant, related to this action, with prejudice, on behalf of all parties. FOR THE PLAINTIFFS: Date: SA/oz) Respectfully submitted, BY: Mic el W. F1'anne MORGAN F ELLY 18 Sou Geo ge Street York, 17 01 (717) 8 822 Ltorney No. 37013 FOR THE DEFENDANT: Date: 3--3 -co y Respectfully submitted, BY: Samuer W. Milkes JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 (717) 249-8427 - Fax Attorney No. 30130 r YC} 1r- C <.." W Ii KEITH GORDON and : IN THE COURT OF COMMON PLEAS OF BEVERLY GORDON : CUMBERLAND COUNTY, PENNSYLVANIA t/a PHOTO MEMORIES V. : 99-6263 CIVIL CARLISLE PRODUCTIONS, INC. IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, March 10, 2000, the Court having been informed that the above- case has been settled, the panel of arbitrators previously appointed Is vacated. Marlin McCaleb, Esquire, Chairman ?,? ; .3 •? 3 of) Kirstin Garrett, Esquire > ?'``+ Robert C. May, Esquire ssg By the Court, N LEO C,:F:CE C? r r r `;OTtRY 00 MIR 13 A1111:00 CUMC-:? i,a,,,u CGU,VIy PENNSYLvANjA