HomeMy WebLinkAbout99-07351
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flay 05 99 04: Sep Go Plastics Inc. (5191894-9966 p•9
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EMAI(ER ST. WCHENER, ONT. N2E 385
A4QNE (519) es4-9a9o FAX (51s)
894• . 69248
olo TO: Star Ledger sH INVOICE DATE: J
cur 23/98
IP 10:
Star Ledger Plaza Star Ledger
Newark, N,T Star Ledge} Plaza
Newark, NI
07101 :1T1V: DAVE IAQt1Rrr,1
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Jep.lO/97 P'0. ? Mims '
1977$
P.S.T. NO 07101
Net 30 . Ki CClltiar, 0qt SNIPppp yu
'150.00 W3 B Su= SIDED IN Y10 olinyGE
77C STAK LT?GER BLK BEADS DC%W
'50 -493 SI
.00 5°6 BLACC PAINTED 9f?IF
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RECEIVED BY:
Sii1P DATE: Jan.23/93
G.S.T. REG. NO. 8102148111
.R-94
i PLAINTIFF'S
EXHIBIT
• 72so T
519 894 9966
1,192.00
0.00
0.00
17134.50
•11-05-99 04:51?Y P006 439
Now 05 99 C14: 57p
Go Plastics Inc.
i? NVOICE
AnrJ , u i . MTGtiENEM, ONT. N2E 385
9) 894-9498 FAX (519) 8949966
STAR LEDGER
STAR LIMM PLAZA
MARK, YS
07101
6/93 r. Q. o. rEeM
T III MY S
Net 30
'50.00
? MR3 SMOOIfI SIDES IN 010 ORANGE
50.00
i
60 (:Alt!) HOLDER 3'7 30C1
FIXED SHELF IN 010 ORANGE
2
00.00 "um S
LEDGER" MK ON LIP
30.00 "THE STAR LEClT.9" 7!1
70.C0 "In-STAR LEDGER" BLK
FREE Fpz1Cdil'
SHIP TO:
(5191894-9986 P.3
/02"9
APr.30/SS
ST411 LEDGER '
STAR rFXIM PT.Azk
NEWARK, VI
Am, - D.-WE IAq07A'rA
07101
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N/A "'-' F.O.&
Kitchener,
SIPPEO hq
ont
250.0
250
0 0.0 0.0 39.50 9,875.00
.
500.0 0. 0.0
0.0 0.0 3.'S
7 05 1,337.50
5co.0
0.0 0.0
1.7z 31525.00
373
00
?00.
500 0.0 0.
• 1.36 .
6330.00
. 0.0
0.0 1.75 650.00
( '
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I '316903
G.S.T. REG. NO. 8102148111
i-0° .;0
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0.00
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3i2
-- PLMNTIFF S .. I I/.? '
EXHIBIT n?
T, o? ,r 966 IL-0579 04:57?Y 1003 x39
r t
wn-26-99 04:09P
00/12/190 12:20 iT1TTn?r22
r
-TRANSMISSION
To: BRIAN
Company GO PLASTICS
Phowl
Fax:
From: JOHN KNOWLES
Company: WALT MAP4011010. =
12 VA42ATLAND DRIVE
M&CXA)W$K M, PA 17066
phone: i-aoo-883-9!}89
Fax: 1-717-795-5422
Dah: 08112!98
Paper ktciudlr+p this
cover poor 2
Commint9:BFdAN, I HAVE RECEIVED PAYMENT FROM THE STAJ
LEDGER FOR INVOICE #70279 IN THE AMOUNT OF $17072.60. 11
CALCULATED THAT THE COMMISSION SHOULD BE $3414.60 LE
RAI APECE OF $13668.00 THAT I HAVE PAID WITH CHOCK NUMEE
I HAVE ATTAGHED A COPY OF THE CHECK, IF MY FIGURES ARE
LET Ma's KINOW AND I WILL CORRECT THEM.
EVERYTF M WAS SENT TO YOUR ATTENTION, IF 1 DO NOT RFC
PAYMENT OF THE OTHER WAXCE BY FRIDAY i WILL CALL YOU.
REALLY NEED YOUR HELP IN COLLECTING ALL THE STORAGE A
FREIGHT (:323600) THEY STILL OWE ME, 1 AM NOT GOING TO 11
ANY OF THESE RACKS UNTIL I AM PAID,
THANK
C6mm iSSI??
301-0'-s
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PLAINTIFF'S' `'
E7(HIBIT;
2 0 :.
9 04:13P11 F010 #16
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Sun-25-99 04:09P
d3CEIPT COPY The T03:00LO Domiuluu 8,4uk (3814)
b BB RETAINED MARSLAND CENTRE
.Y BRLNCH 20 ERB ST.
WATERLOO, ONT.
N77,, 1T2 (510)725-3630
'our account has been charged today with 1 Unpaid Item(s),
.otaliing $13,658.00. --'j
"0: GO PLASTICS INC
ATTN ED GOLLOB, RATRRYN THOHP
79 SHOEMAKER ST
KITCHENER ONT N2E 3B3 CUSTOMER
1 )RAWN BY DRAWN ON REASON
.NPACT MhRKETING I INSUFFICIENT FUNDS
P.11
ember 4, -?9a
004
;h: 3814
uit : 7324'_ 00
TOTAL 0-ARCED
$13,658.00
TURF
GE MOUNT
00 $13,F58.00
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8-94% 06-25-99 04:13PY P011 #16
•? Noy OS 99 04:58P Go Plastics Inc. (519) 894-9998 P•4
?'R'E'OO* Cr'J T e INVOICE NO.: 0170279
TICS INC MP' Oct. 5/93
IKEA ST. KITCHENER, ONT. N2E 3B5 INVOICE GATE:
))894..q498 FAX (D19) 891-9068
STAR LEDOM SHIP TO:. STAR LE DM
SLAT( LOMM FL VA STAR LEXER PL AA
M. ARK, NJ N1 WAM, NJ
AM: DAVE UQ6I:`TA
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30
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50
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- 730.00
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7`?S
G.ST. REG. NO, R102148111
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d80=t40 66-9t-unr
• -r
1 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2
GO PLASTICS, INC.,
3 PLAINTIFF CIVIL ACTION - LAW
4 VS. NO. 99-7351
5 IMPACT MARKETING, INC.,
DEFENDANT
6
7
8
DEPOSITION OF: JOHN E. KNOWLES
9
TAKEN BY: PLAINTIFF
10
BEFORE: KAREN L. SLOUCH, RMR
11 NOTARY PUBLIC
12 DATE: SEPTEMBER 28, 2000, 10:10 A.M.
13 PLACE: KEEFER, WOOD,
ALLEN & RAHAL, LLP
14 210 WALNUT STREET
HARRISBURG, PENNSYLVANIA
15
16
APPEARANCES:
17
KEEFER, WOOD, ALLEN & RAHAL, LLP
18 BY: STEPHEN L. GROSE, ESQUIRE
19 FOR - PLAINTIFF
20 LATSHA, DAVIS & YORE, P.C.
BY: CHADWICK 0. BOGAR, ESQUIRE
21
FOR - DEFENDANT
22
23
24 PLAINTIFF'S'
25 EX'/F/I?I9IT
7.25,01 • 'LK.'r
GEIGER 6 LORIA REPORTING SERVICE. 2408 PARK DR.. SUITE B. HBG.. PA 17110 717.541.1508 OR 1.800-222.4577-
23
1 Q Impact Marketing.
2 A Right.
3 Q How was it that Star Ledger accessed that,
4 did you give them the keys, or how was the warehouse set
5 up, how did they get access to these?
6 A They would call, and we'd have to set up a
7 truck to go get them and bring them to them.
8 Q So you knew what they were taking and when
9 they were taking it because they got in touch with you and
10 told you about it.
11 A Right.
12 Q Over the next six months, did they take
13 all of those racks, or did they take some of the racks, or
14 you don't know?
15 A I don't know how long it took, but they
16 eventually took -- eventually they took all the racks.
17 Q Did you ever take any of those racks, do
18 anything else wi th them?
19 A No.
20 Q So at some point in time, all of the racks
21 that were in storage were taken by Star Ledger and used.
22 A Right.
23 Q Did you ever make any payment at all to Go
24 I Plastics for any of those racks, those 250 racks, in that
25 first order?
GEIGER 5 LORIA REPORTING SERVICE. 2408 PARK OR.. SUITE B. HBO, PA 17110 717.541.1508 OR 1.800-222.4577
A
24
1 A Yes, I did.
2 Q How much money did you pay and when?
3 A I wrote a check that was returned.
4 Q An NSF check?
5 A Right.
6 Q You wrote a check, but the check was
7 returned NSF . Did you replace that NSF check with a good
8 check?
9 A No, I didn't.
10 Q So in reality, Go Plastics never received
11 any payment for any of the racks in that first order from
12 you?
13 A Yes.
14 Q Yes what, they --
15 A No, they didn't receive any payment.
16 Q Do you have any knowledge as to whether
17 Star Ledger ever paid them any money?
18 A They paid them on the first 60.
19 Q And with regard to the remaining racks on
20 that first order, do you have any knowledge whether they
21 paid for th at?
22 A No, I don't know.
23 Q And the first 60 that you are talking
24 about was the first 60 that were sent, not the 250 that
25 were put in storage?
GEIGER h LOR1A REPORTING SERVICE. 2408 PARK DR.. SUITE B. NBG.. PA 17110 717.541.1508 OR 1.800.222.4577
__ ma®w??all•??O ?1?11?®1lsw 0odY
. , W.
30
1 shipped before April 30, 198 or not?
2 A No, I would assume that's the ship date.
3 Q When these second -- when you get a call
4 from either you said the shipping company or from the
5 newspaper that another 250 racks are there, were there any
6 instructions from Star Ledger that we don't want the racks,
7 we don't want them, period, not that we don't want them
8 later, we just don't want them?
9 A I think the response from the newspaper is
10 that we're not going to pay anymore shipping -- I mean,
11 we're not going to pay anymore storage, we're not going to
12 get involved in that again, they can hold them down there
13 if that's what they're trying to do.
14 Q Did they eventually take all 250 of those
15 racks?
16 A No.
17 Q How many of those racks did they take?
18 A I'd say a hundred.
19 Q Did you receive payment for any of those
20 racks?
21 A I received partial payment for some of
22 them.
23 Q You received about $14,000 from them for
24 those, and then you deducted certain things?
25 A Exactly.
GEIGER G LORIA REPORTING SERVICE. 2408 PARK DR.. SUITE B. HBG. PA 17110 717.541.1508 OR 1.800.222.4577-
31
1 Q And we will go through all that.
2 A Right.
3 Q So you did receive some payment from them?
4 A Right.
5 Q For some of those racks, right?
6 A Right.
7 Q Did you ever pay Go Plastics any money for
8 any of the racks out of the second order?
9 A No.
10 Q Do you know whether Star Ledger ever paid
11 Go Plastics any money out of the second order?
12 A I don't know.
13 Q The original invoice for that second order
14 was in Exhibit B, which showed an invoice, total invoice
15 amount of $17,072.50, is that what the invoice shows?
16 A Yes.
17 Q And that's Invoice Number 70279, is that
18 correct? Up at the top right-hand corner.
19 A Yes.
20 Q Go Plastics then issued a credit to that
21 invoice on October the 5th, 1998, in the amount of
22 $3,414.50, and that's attached to the complaint as Exhibit
23 C.
24 A Okay.
25 Q Do you have any understanding or knowledge
GEIGER L LORIA REPORTING SERVICE. 2408 PARK DR.. SUITE B. HBG.. PA 17110 717.541.1508 OR 1.800.222.45
41
1 as Invoice 70279?
2 A Because I'm writing a letter back to
3 you in res ponse to a letter that you wrote me, not
4 directly . . .
5 Q Have you ever made any payment to Go
6 Plastics for any invoice?
7 A Yes, I have.
8 Q on a check that didn't bounce?
9 A Yes, I have.
10 Q With regard to the Star Ledger accounts?
11 A No.
12 Q So you have never paid them anything for
13 500 racks that have been sent and shipped?
14 A No, I haven't.
15 MR. GROSE: Mark that as the next exhibit,
16 please.
17 (Memo dated 7/20/98 marked as Exhibit D.)
18 BY MR. GRO SE:
19 Q I will show you what's been marked as
20 Exhibit D, ask you if you can identify that for me.
21 A Okay.
22 Q Is this a memo that you sent to Brian
23 Bauman of Go Plastics?
24 A Yes, it is.
25 Q In that you refer to you're going to have
GEIGER 5 LORIA REPORTING SERVICE. 2408 PARK DR.. SUITE B. HBG.. PA 17110 717.541.1508 OR 1.800.222.4577-
•. M1
49
1
2
3
4
5
6
7
8
9
10
it
12
13
14
15
16
17
18
19
20
21
22
23
24
25
69248, yes, I owe that.
Q And that check comes back NSF.
A Right.
Q And you don't replace that check.
A No, I didn't.
Q I'm still having difficulty understanding
what difference it makes whether it's the first invoice or
the second invoice if the same amount is owed.
A You usually pay your bills from oldest
ones first.
Q Unless there's some dispute about that
first one and there's no dispute about the second.
A Is that a question?
Q Yes. Was there a dispute about the first
invoice, the racks on the first invoice?
A I, you know, I can't recall at this point.
MR. BOGAR: Was there a dispute about the
second racks, the second order?
A It was just -- there was disputes through
the whole thing, let's just put it that way. I mean, you
know.
Q But in your mind's eye, at some point,
according to this memo, there wasn't a dispute that you
owed them $13,658. You owed Go Plastics that amount of
money, right?
- GEIGER C LORIA REPORTING SERVICE. 2408 PARK OR.. SUITE B. HBG.. PA 17110 717541.1508 OR 1.800.222.4577
50
1 A Right, that's why I wrote a check.
2 Q Right. And what took place subsequent to
3 that that made you think -- well, strike that.
4 Do you think that you still owe them on
5 one of the invoices, either the first invoice or the second
6 invoice, whichever one you want to call it --
7 MR. BOGAR: First or second order, maybe
8 we ought to -- I think we have identified two separate
9 orders. But there seem to be five invoices. Do you know
10 what I mean?
11 MR. GROSE: No, strike that. Off the
12 record.
13 (Discussion held off the record.)
14 BY MR. GROSE:
15 Q At this point in time, do you feel that
16 you owe Go Plastics anything?
17 A Yes.
18 Q What is it you feel you owe Go Plastics?
19 A This check.
20 Q And nothing else?
21 A (Pause.)
22 Q That would be for one of the two orders,
23 right?
24 A Yes.
25 Q What about for the other order, what do
GEIGER & LORIA REPORTING SERVICE. 2408 PARK DR.. SUITE B. HBG.. PA 17110 717.541.1508 OR 1.800.222.4577
X..p?
51
1 you owe them for the other order?
2 A The 5,000, whatever -- whatever I offered
3 to pay them. It's in the documentation.
4 Q I think it was like $5,700.
5 A Correct.
6 Q So you admit that you owe them at least
7 that.
8 A Yes, I do.
9 Q Is there any reason why you haven' t paid
10 that?
11 A They wouldn't accept it.
12 Q They wouldn't accept your cash.
13 A They wouldn't accept it as payment in
14 full.
15 Q As payment in full. So you don't dispute
16 that you owe them at least that, but you don't feel you owe
17 them anymore than that.
18 A That's correct.
19 Q With regard to one of the orders, either
20 the first one or the second one, there's no dispute in your
21 mind that you owe them $13,658, is that right?
22 A That's correct.
23 Q With regard to that order, whether it's
24 the first one or the second one, is there any dispute that
25 you have with that order?
GEIGER 8 LORIA REPORTING SERVICE. 2408 PARK DR.. SUITE B. HOG.. PA 17110 717541.1508 OR 1800.222.4577
?I
d
71
1
t . 1
1 FNW ON ;ss.
2 PENNSYLVANIA:
3 I, Karen L. Slouch, Reporter'Notary Public,
4
dminister oaths within and for t e
5
Pennsylvania and take depositions in the
6
rs, do hereby certify that the foregoing is
7
the testimony of John Knowles.
8 I further certify that before the taking of
9
said deposition, the witness was duly sworn; that the
10
questions and answers were taken down stenographically by
it Reporter-Notary Public,
the said Karen L. Slouch, a Rep
12
approved and agreed to, and afterwards reduced to
13
typewriting by the said Reporter.
14 I further certify that the proceedings and
15
evidence are contained fully and accurately in the notes
16 and that this copy is
taken by me on the within deposition,
17
a correct transcript of the same.
18 In testimony whereof, I have hereunto
19
subscribed my hand this 2nd day of October, 2000.
20
o
21
Karen L. Blouch, RMR
22 Notary Public
23 My commission expires
October 14, 2001
24
25 GEIGER S IORIA REPORTING SERVICE. 2408 PARK DR.. SUITE S. HBG.. PA 17110 717541.1500 OR 1.800.222.4577)
IATSHADAvis
&YoxE, P.C.
ATr49NEYS AT,LAW
Posr Orricr: Box 825
HARRISBURG, PENNSYLVANIA 17108-0825
.1 v7,i ? i 200i??'
CUMBERLAND COUNTY, PENNSYLVANIA
GO PLASTICS, INC.,
Plaintiff
V.
IMPACT MARKETING, INC.,
Defendant
No. 99-7351 Civil ?
CIVIL ACTION - LAW
JOHN E. KNOWLES, JOANNE KNOWLES
and BRENDAN KNOWLES,
Plaintiffs
V.
KENNETH J. FAULKNER and ANASTASIA
FAULKNER, husband and wife,
Defendants
ORDER
AND NOW, this
L .,A
NO. 98-6238
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
day of 2001,
it is hereby ORDERED that the Rule to Show Cause issued on May 31, 2001, is made
absolute, and Latsha Davis & Yohe, P.C.'s petition to withdraw as counsel for Impact
Marketing, John Knowles, Joanne Knowles and Brendan Knowles in Docket Nos. 99-
7351 Civil and 98-6238 Civil, respectively, is GRANTED.
BY THE COURT:
67.331.1
_... ii
n;., _
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GO PLASTICS, INC.,
Plaintiff
V.
No. 99-7351 Civil
IMPACT MARKETING, INC.,
Defendant CIVIL ACTION - LAW
JOHN E. KNOWLES, JOANNE KNOWLES
and BRENDAN KNOWLES,
Plaintiffs
V. NO. 98-6238
KENNETH J. FAULKNER and ANASTASIA CIVIL ACTION - LAW
FAULKNER, husband and wife,
Defendants JURY TRIAL DEMANDED
MOTION TO MAKE RULE ABSOLUTE
AND NOW, COMES, Movant, Latsha Davis & Yohe, P.C., and files the following
motion to make rule absolute, and in support thereof, states the following:
1. On May 22, 2001, Movant, Latsha Davis & Yohe, P.C., filed a petition for
rule to show cause why it should not be allowed to withdraw as counsel on behalf of
Impact Marketing, in matter No. 99-7351 Civil, and John E. Knowles, Joanne Knowles
and Brendan Knowles, in matter No. 98-6238 Civil.
6714.1
2. On May 31, 2001, The Hon. Kevin A. Hess issued the aforementioned Rule
to Show Cause, directing each Respondent to show cause within twenty (20) days why
Latsha Davis & Yohe, P.C.'s Petition to Withdraw should not be granted.
3. On June 4, 2001, Defendant, Impact Marketing, in No. 99-7351 Civil, filed a
response to the Rule to Show Cause in which it conveyed that it did not object to
Movant's withdrawal as counsel for Impact Marketing provided that the trial originally
scheduled for July 25, 2001, not be postponed.
4. To date, no other Respondent has filed a response to the aforementioned
Rule to Show Cause.
WHEREFORE, Movant, Latsha Davis & Yohe, P.C., respectfully requests that the
Rule to Show Cause issued on May 31, 2001, be made absolute and an order issued
granting Movant's petition to withdraw as counsel for Impact Marketing, John
Knowles, Joanne Knowles and Brendan Knowles in Docket Nos. 99-7351 Civil and 98-
6238 Civil, respectively.
Dated: G Z
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
By:
Glenn R. Davis
Attorney I.D. No. 31040
Chadwick O. Bogar
Attorney I.D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Impact Marketing, Inc., and
John E. Knowles, et al.
67.331.1 2
s oxr.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Motion to Make Rule Absolute was served by first-class United States mail,
postage prepaid, upon the following:
Stephen L. Grose, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
David A. Baric, Esq.
O'Brien Baric & Scherer
17 West South Street
Carlisle, PA 17013
John E. Knowles
Joanne Knowles
12 Wheatland Drive
Mechanicsburg, PA 17055
Brendan Knowles
12 Wheatland Drive
Mechanicsburg, PA 17055
Dated: (r/a,q 161
11/E(-`cflo_l. ll.??t?e.c.dcrk.?
Deborah A. Peterson
Legal Secretary
67334.1 3
1 ?
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0724/01 13:23
HEATH I. ALLEN KEEFER WORD ALLEN & RAHAL, LLP
N. DAVID AAHAL 210 WALNUT STREET
CHARLES W. RUBENOALL7r
ROBERT L. WELDON P. 0. BOX 11963
EUOFNE E. PEPINORY. JN. HARRISBURG, PA 17108.1963
JOHN H. CNOC=
GARY E. FRENCH PHONE (7171255-0000
DONNA S. WCLDON FAX 17171 255-0030
ORAOFORD DORRANCC
JEFFREY 6. &YOKE$ CIN No. 23.0710170
ROBERT R. CHURCH
STEPHEN L. GROSE
R. 00077 OHCARCR
WAYNE M.?ECHT
ELYsE L ROGERS
DONALD M. LCWIG=
PRIDOCT M. WHITLEY
CRAIG A. LONOYCAR
JOHN A. FEICHTEL
ANN MCM CARBON July 28, 2001
ELI7ABETR J. GOLDSTEIN
Via F@qd ile Only
Hon. Kevin A. Hess
Cumberland County Courthouse
1 Courthouse Square
Carlisle. PA 17013-3387
Re: John Knowles and Impact Marketing, Inc.
Cumberland C`.n,antyj No. 99_791 Civil
Dear Judge Hess:
N0.056 P002/003
EOTANLIGHCO IN 1070
OF COYNBCLi
SAMUEL C. HARRY
WEST SHORE OFFICE
/IB ?ALLOWFIELD POAO
CAMP HILL. PA 17011
17171 els-OROO
WRrrCWG DIRECT DIAL:
255-8052
sgrose®keefcrwood.com
21d floor fax: 255.8003
I have just received a copy of the letter dated July 23, 2001, from Mr. Knowles, President
of Impact Marketing. Inc.. to you requesting a postponement of the trial in the above case for
thirty (30) days. I find it incredible to believe that Mr. Knowles haft not heen notified of the
upcoming trial dute by his prior counsel. Obviously, it was improper for me to contact him while
lie; was still represented by counsel. I first learned that the withdraw of counsel was finalized
upon my rerun to the office on July 17, 2001. On Thursday, July 19, 2001,1 caked and left a
message 1br Mr. Knowles, requesting that either he or his counsel contact me regarding the trial
scheduled for the 25'". I received no telephone call or any other communication from Mr.
Knowles from the 19ib of July until receiving his fax earlier today.
On behalf of Go Plastics, I strenuously oppose this request for postponement. Mr. Brian
Dauman is cn route from Ontario today to be present for the trial tomorrow. While I do not wish
to diminish Mr. Knowles' circumstances, this mauer hus been scheduled tot trial for months and
my client's only opposition to the motion to withdraw as counsel was that the case not be
delayed any further. My client would be severely prejudiced by this delay, in which it played no
role whatsoever.
07/24/01 13:23 N0.056 P003/003
Hon. Kevin A. Hess
July 24, 2001
Page 2
I would appreciate a ruling on this matter by the court as soon as possible, in the interests
of preparing this case for trial.
Sincerely,
KEEFER WOOD ALLEN & RAHAL, LLP
By:
Step en L. Grose
SLG/kdr
Enclosure
cc: Mr. John Knowles (via facsimile only)
Brian Bauman, Dircctur of Sales and Marketing (via facsimilo only)
07/24/01 13:23
Keefer
Wood
Allen
Rahal LLP
ATTORNEYS
at LAW
N0.056 P001/003
COVER SHEET
210 Walnut Street P.O. Box 11963
(717) 255-8000 - Main # (717) 255-8003 - Fax #
DATE : July 24, 2001
To : Honorable Kevin A. Hess
(717) 240-6462
FROM Stephen L. Grose, Esquire
PHONE : (717) 255-8052 FAX: (717) 255-8003
-7
No. Sheets Being Sent: 3 . Including Cover Sheet
Harrisburg, PA 17108-1963
0i 0 Any problems with this telecopy, please contact Kelly at (717) 255-8057 00
*****CONFIDENTIALM NOTE*****
The documents accompanying this telecopy transmission contain information from the law firm of Keefer Wood Allen
& Rahal, LLP which is confidential and/or legally privileged. The Information Is Intended only for the use of the
Individual or entity named on this transrnissron sheet. If you are not the Intended recipient, you are hereby notified
that any disclosure, copying, distribution or the taking of any action In reliance on the contents of this telecopled
information is strictly prohibited, and that the documents should be returned to this firm Irr Mediately. In this regard,
If you have received this telecopy In error, please notify us by telephone Immediately so that we can arrange for the
return of the original documents to us at no cost to you.
AJL-24-01 12:42 P% I%PMCT TITT930422 P.02
July 23, 2001
Re: Postponement of Trial Date (Sent Via Facsimile)
Dear Honorable Judge Hess,
1 am requesting that the court date that is set for July 25. 2001 in regards to my company
Impact Marketing, Inc. be postponed for thirty (30) days. (Case number 99-7351)
1 was not notified of this court date by my previous attorney, Mr. Glenn Davis, of
Latsha, Davis, and Yohe. We had a disagreement regarding his representation of Impact
Marketing, Inc and myself. He withdrew his services but attended the preliminary
hearing.
I did not know of this upcoming trial until I received a phone call fart Mr. Stephen
Grose, the attorney for the Plaintiff, on Friday July 24, 2001, on my voice mail. Our
alturney had previously notified Mr, Grose, that he was withdrawing but neither my
previous attorney nor Mr. Grose hag ever sent us any information about thin trial date.
My youngest daughter has surgery scheduled for Wednesday, July 25, 2001, and 1 need
to be present. She has special needs and it took a lot of arranging between doctors to get
them all present for surgery on this date.
We plan on representing ourselves in this case and would have been prepared if we had
only been notified.
I would appreciate your help in this matter.
Thank ou
. r ? of o.
., Jo les, President
I pactYvlarketing,Inc.
Cc: Mr. Stephen Grose. Esq. (sent via Facsimile)
N 3mUL-2401 12:42 PI•I II•IPRCT 7177970422 P.01
12 Wheatland Drive
Mechanicsburg, PA 17065
Phone: 1-800.683-9899
Fax: 1-717-798:5422
IMP A CT .'
' Markefi n g, Inc
Yoe Honorable Judge Hess pi*,. John Knowles
Company: Pppw 2
Phan Dater M24101
Pax: 2406462 REr AfladcmervI
0 Urgent O For Renlow D Pk a Commerrt O Mosae Repry
e Thank you few your help in this natter.
John Knowles
7177955422 P.01 F
JUL-24-01 03:17 PM IMPACT
18 Wheatland Drive i
Mechanicsburg, PA 17065
?
Phone: 1-800483-9899
Fax: 1717.7955422
71st Mr. Stephen, Esq. From: John Knowles
Compon r Keefer, Wood and Alien POWK: 1
Phoned arts: 7/24/01
Pawl 266.8062 R& Hearing
O Ureoet ? For Review
? Ple"s Comment x PW"f Wily
O Dear tMr. Groh!
the hearing was from Mr.
The only way we know that Mr. Bogert ( Mr. Devis's ASSOGate) OtlenCed
Devie'e Dill that we recaivW on Friday of this pest week.
Pleas feel free to call Mr. Olen Davis and confirm that ho has sent us "no' correepondenoe with ft
exosption of his monthly bill.
A far as your client coming from Ontario, I Just heard today that he is In Washington, DC, at a annual
.? eoMerenoe.
In this matter.
PreslBent
•..:::??:. IRfpaCtMarkeurrg, Inc.
Cc; Honorable Kevin Hess (via faw:eimile)
i;
?;I
Go Plastics, Inc.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
Impact Marketing, Inc.,
Defendants
NO. 99-7351
CIVIL ACTION - LAW
SUGGESTION OF BANKRUPTCY
To the Prothonotary of Cumberland County, Pennsylvania
Please file, in the above-captioned case, the Suggestion of Bankruptcy as evidence that
the Defendant, Impact Marketing, Inc., has filed for bankruptcy protection under Chapter 7 of
the United States Bankruptcy Code in the Middle District of Pennsylvania, Case No. 1-01-
00266, on January 17, 2001.
Dated: January _a, 2001
METZGER WICKERSHAM KNAUSS & ERB, P.C.
By
Steven P. Miner, Esquire
Attorney I.D. No. 38901
3211 N. Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
Telephone: (717) 238-8187
D"umou #: 195345.1
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GO PLASTICS, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : 99-7351 CIVIL
IMPACT MARKETING, INC.,
Defendant CIVIL ACTION-LAW
IN RE: NONJURY TRIAL
ORDER
AND NOW, this 2-31 day of April, 2001, a pretrial conference in the above
captioned matter is for Wednesday, May 30, 2001, at 9:00 a.m. in the Chambers of the
undersigned.
Stephen L. Grose, Esquire
For the Plaintiff
Glenn R. Davis, Esquire
For the Defendant
BY THE COURT,
Kevi A. Hess, J.
C oa ? 5
Court Administrator
:rlm
-i
GO PLASTICS, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : 99-7351 CIVIL
IMPACT MARKETING, INC.,
Defendant CIVILACTION-LAW
IN RE: NONJURY TRIAL
ORDER
AND NOW, this Z/` day of December, 2000, a pretrial conference in the above
captioned matter is for Friday, January 19, 2001, at 9:00 a.m. in the Chambers of the
undersigned.
BY THE COURT,
Stephen L. Grose, Esquire
For the Plaintiff
Glenn R. Davis, Esquire
For the Defendant
r
Court Administrator
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I ENI :S (U/i?\!'t
KEEFER WOOD ALLEN & RAHAL, LLP
p1 O WALNUT STREET
P.O. BOX 11983
HARRISBURG. PA 17108-1983
_._ .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
IMPACT MARKETING, INC.,
Defendant.
CIVIL ACTION - LAW
No. IfI - 73s(
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the Court without further notice for
any money claimed in the Complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to yai.
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 LAWYER REFERRAL SERVICE
r? ,rl?or
Cumberland County atto - ?oJr /bar /?5 M-tq pvl
Carlisle, P340.G29913 L'IYLf S 1`` A-re
oZ? ct -3(
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la
fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en
persona o por abodago y archivar en la corte en forma escrita sus defensas o sus
objeciones a las demandas en contra de su persona. Sea avisado que si usted no se
defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso
o notification y por cualquier queja o alivio que es pedido en la petition de demanda.
Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT
ABOGADO 0 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 LAWYER REFERRAL SERVICE
Court Administrator
Cumberland County Courthouse, 4th Floor
Carlisle, PA 17013
(717) 240-6200
GO PLASTICS, INC., : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
CIVIL ACTION - LAW
IMPACT MARKETING, INC., 731 Cu, F
: No. 99-
Defendant.
COMPLAINT
AND NOW, comes the plaintiff, Go Plastics, Inc., by and through its counsel, Keefer
Wood Allen & Rahal, LLP, and files this Complaint averring as follows:
PARTIES
The plaintiff, Go Plastics, Inc. (hereinafter referred to as "Go Plastics"), is a
Canadian corporation with its principal place of business located at 860 Trillium Drive, Kitchner,
Ontario, N2R 1K4 Canada.
2. The defendant, Impact Marketing, Inc. (hereinafter referred to as "Impact
Marketing"), upon information and belief, is a Pennsylvania corporation with a business address
of 12 Wheatland Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055.
FACTUALBACKGROUND
3. In or about June 1996, Go Plastics began a business relationship with Impact
Marketing, wherein Go Plastics sold to Impact Marketing racks for advertising, which were
resold by Impact Marketing.
4. In or about September 1997, Go Plastics received an order from Impact Marketing
for multi-racks, in the total amount of S 17,134.50.
These racks were shipped to Impact Marketing, along with invoice number 69248
in the amount ofS17,134.50, on January 23, 1998. A true and correct copy of invoice number
.
69248 is attached hereto as Exhibit A and incorporated herein by reference, hereinafter referred
to as "Invoice 0." 4 .t
6. It is believed that these racks were resold by Impact Marketing on its Star Ledger
Tip
account. y'
7. In or about February 1998, a second order was placed by Impact Marketing for
additional multi-racks on the Star Ledger account, which were manufactured and shipped to
Impact Marketing on or about April 30, 1998, along with invoice number 70279 in the amount of ,
$17,072.50. A true and correct copy of Invoice #70279 is attached hereto as Exhibit B and aryl
r?
incorporated herein by reference, hereinafter referred to as "Invoice #2."
8. In or about May 1998, a credit note was issued on Invoice #2 (70279) in the
amount of 53,414.50, reducing the amount owed on that invoice to $13,658.00.
9. A check was issued from Impact Marketing (check number 3487) dated August
11, 1998, to pay Invoice #2, but the check was returned to Go Plastics marked "NFS" on
September 4, 1998.
10. As a result of the NFS check, a $25.00 service charge was added to Invoice #2 for
the return of the check, making the total outstanding balance S 13,683.00 on Invoice #2.
11. The total outstanding balance owed by Impact Marketing to Go Plastics on
Invoice #1 and Invoice #2 is S30,817.50-
12. In September of 1998, Impact Marketing assured Go Plastics that it would issue a
replacement check for check number 3487 in the amount of $13,683.00, which was never sent.
13. In May of 1999, Go Plastics received a fax from Impact Marketing advising that it
had received payment from Star Ledger on the second shipment (Invoice #2) and that Go Plastics
would be paid in frill later that month. No payment was ever received by Go Plastics.
1)
14. Numerous demands have been made on impact Marketing for payment of
Invoices #l and #2, but the invoices have not been paid.
COUNTI
15. Paragraphs 1 through 14 above are incorporated herein by reference as if set forth
in full.
16. Under the terms of their agreement and past practices, Impact Marketing was
obligated to pay Go Plastics in full, upon receipt of the items manufactured as reflected in the
respective invoices.
17. The amounts charged for the racks sent were reasonable and accurate.
18. As a result of Impact Marketing's failure to satisfy the invoices as required, Go
Plastics has been damaged in the amount of S30,817.50, plus interest accrued from the date of
the respective invoices.
19. The amount in controversy exceeds $25,000.00, exclusive of interest and costs
and therefore this case is not subject to mandatory arbitration as set forth in Local Rule 1301-1.
WHEREFORE, Go Plastics, Inc. requests that this Honorable Court enter judgment in its
favor and against Impact Marketing, Inc. in the amount of $30,817.50, plus interest and costs,
and grant such other relief as the Court deems fair and just.
Dated: December _1_, 1999
Respectfully submitted:
KEEFER WOOD ALLEN 8c RAHAL, LLP
B
YJi
Set pheN L. Grose
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8052
Attorneys for Plaintiff
Nov 05 99 04:59p Go Plastios Inc. 15191894-9966 P.11
i!-Ul ?i G§:c:FH Fp.',U rEEFE7 'IVIU .WEli RA T4 ? 15!'1$947?pr F4G:+ itOg.
MfflVCATION
1, Brian Bauman, the undersigned, acknowledge that,
1. 1 am the Director of Sales and Marketing at Go Plastics, Inc., plaintiff herein;
2. The facts set fnnh in the foregoing Complaint are tnle and correct to the teat of
MY knowledge, information, and belief; and
3. I am aware that false statements herein are made subject to the penalties of 18
Pa.C.S. See. 4904, relating to unworn falsification to authorities.
rinn an,
Airoc for of Sales & Marketing
R•94% 519 894 9966 11-05-99 04:57PM PO11 #39
Exhibit A
Nov 05 99 04:58p Go Plastics Inc. (519)894-9966 p•6
.f t
CSTI.CS ,• INVOIC
QEMA ER ST. KITCHENER, ONT. N2E 385 69249
,,???ONE (519) 8.4d-9498 FAX (519) 8yA-0066 INVOICE DATE:
OLD TO: i.
C -Td
Star Ledger SHIP r0: , 2/98
Star Ledger Plaza Star Ledger
Newark, NS Star Ledger Plaza
Newark, NJ
07101 ATIN: DAVE LAQUMA
oaoex ogre P O Nc 07101
Sep„lU/97 :9795 TEAM-,S Net 30 P.S.T. NO. F.O,a.
Kitchener, (fit SHICpEp y? 1
zju.uu
NR3 B SN00'!H SIDED W #lORAyLj&
500.00
750
00 TIM STAR LEDGER BLK READS DOWN dU
. $6 BLACK PAINTED affla F
:50.00 CARD HOLDER FT W-3
500.00 TIO STAR LEDCeR UK MU FT/BK
G. T. REG. NO. R102148111
0.0 1.36
6ao
oo 1
n.a 4.36 .
3,270
00
0. 0 5.75 .
1,439.50
.0. 0 1.36 680.00 1I
1,192.00
0.00
0.00
17134.50
1.
a
?R-94% 519 894 9966 11-05-99 04:57PM P006 #39
60.
500.0 120.
750.0 180.
230. 60.
500.0 120.,
SHIP DATE: Jan.23/93
a
Exhibit B
NOV 05 99 04:57P Go plastics Ino. (519)894-9966 P 3
Iw-----?NVOICE
/T0:
STAR LEDGER
STAR LEDGER PLAZA
NEWARK, N.T
07:01
OFOE.fl DATE t•.O, ND. TEPMS
Fab. 6/98 YUSQV Net 30
350.00 2'413 WOOM SIDES IN #10 ORANGE
250.00 CARD HOLDE.4 Fr INQtj
$00.00 FIXED SBELF IN :10 ORANGE
:00.00 "TIM YEAR LMGER" SU ON LIP
.`00.00 1,111E STAR LEDM.M,f Br-,4
:00.00 "1'HE•STAR LEDGER" BCX
FRFE Fmicur
702"9
?: Apr.30198
SHIP T0:
STAR LEDGER
ST,%R r .Fr -a PT- Axt
`TWARK, NI
AT`ML : D:1VS rAQUIDTri
07101
'.3 T. N0.
N/A F.O.B. SHIPPED VIA
Kitchener, ont
250.0 0.0
0.0
J9.50
9,875.00
250,0 0,0 0.0 5.'S 1,537.50
500.0 O.0' 0.0 7.05 3,j3j.00
500.0 0.0 a.0 1.?n d7J.00
500.0 0.0 0.0 1.36 6330.00
500.0 0.0 0.0 1.36 650.00
4';o ?
o
J
•
J
'PM P003 #39
?.-rte.- ?_aa
MAKG I a I . M I GHENEH, ONT. WE 385
FAX
(519 8949498 (519) 894-9966
Exhibit C
Nov 05 99 04:58p Go Plastics Inc.
i ? " ?NVO1l?
(5191894-9966 p.4
TICS INC. R E D' T E INVOICE NO.:
WER ST. KITCHENER, ONT. N2E 385
9) 894-9498 FAX (b79) 894-0966 INVOICE DATE:
STAR LEDGES SHIPTO:, STAR LECGFp.
STAK LEWER PLAZA
NEWARK, NS STAR LEDGER PLAq
NEWAKK, NT
01101 AM; : DAVE IAQUI;\T,7
07101
30
Ov70279
Oct" 5/93
O. n
0 CARD HOLDER Fr .4t3 '" - - -- - 0.0 0
0 -
. FI.MD SHELF IN r10 omru
" 0
0 . 1.15 297.50
0.0 78E STAR LEA^iM" BLK ON LIP
" .
0
0 0.0 1.50 - 730.00
0.00 M STAR LEDGER" nm
" F .
00 O.C - 0.56 - 250.00
„O.OC 1'BC STAR LUGER" BU
0
0 O.OI - 0.33 160.00
REE FREIGBT . 0.0 - 0.32 160.00
(.17.4bIMIOM; 0
0 0
0
. .
- ??
00
.. 0(i
RECFIV OBYd - - I ;r.
1 i . O,Ot)
' ?7`? III - 0.00
G.ST. REG. NO, 8102148117
R-94%
i
j?
519 894 9966 11-05-99 04:57PM P004 #39
t
IATSHA DAMS
&YOHE, P.C.
ATTORNEYS AT LAW
Posr OFFICE Box 825
HARRISBURG, PENNSYLVANIA 17108-0825
....y?.tyY??rcrvrcvmmvl? rT.ce?a-
CUMBERLAND COUNTY, PENNSYLVANIA
GO PLASTICS, INC.,
Plaintiff
V.
IMPACT MARKETING, INC.,
Defendant
No. 99-7351 Civil
CIVIL ACTION - LAW
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed New Matter
within twenty (20) days from the service hereof or a judgment may be entered against
you.
LATSHA DAVIS & YORE, P.C.
Dated: i 17 op
By
Glenn R. Davis
Attorney I. D. No. 31040
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendant, Impact Marketing,
Inc.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GO PLASTICS, INC.,
Plaintiff
V.
No. 99-7351 Civil
IMPACT MARKETING, INC.,
Defendant CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO PLAINTIFF'S
COMPLAINT WITH NEW MATTER
AND NOW, COMES, Impact Marketing, Inc., by and through its attorneys,
Latsha Davis & Yohe, P.C., and files this Answer to Plaintiff's Complaint stating as
follows:
Parties
1. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averment which shall have
the effect of a denial.
2. Admitted.
Factual Background
3. Admitted in part and Denied in part. It is admitted that in or about June
1996 a business relationship was established between Go Plastics and Impact Marketing
wherein Impact Marketing purchased certain products from Go Plastics for further use
in its business. Included in these purchases were newspaper distribution display racks
("display racks') which Impact Marketing used in its business. The remaining
averments of this paragraph are denied and specific proof at time of trial is demanded.
4. Admitted in part and Denied in part. It is admitted that in September
1997 Impact Marketing submitted a purchase order to Plaintiff ordering 250 display
racks on behalf of its customer, The Star Ledger. The invoice amount for this purchased
item was to be $13,707.60. The shipment was to be made in monthly increments of 60
display racks to The Star Ledger. The first shipment of 60 display racks to The Star
Ledger proved to have been manufactured defectively and not according to the ordered
product. Rather than authorize return of the defective display racks, Plaintiff
independently negotiated a significant price reduction for the defective product and
came to terms directly with The Star Ledger for their purchase of the defective display
racks.
5. Denied. The averments of this paragraph pertain to Invoice A which is
attached to the Complaint which specifically designates that the product identified in
the invoice was sold to The Star Ledger and shipped to The Star Ledger at a Newark,
New Jersey, address. Moreover, the 250 display racks were shipped at one time and not
in 60 unit increments as further discussed in Paragraph No. 4 above. The Star Ledger
refused acceptance of the shipment as a result of Plaintiff's failure to ship in accordance
with direction. Impact Marketing was forced to arrange for off-site storage of the excess
display racks in the Newark, New Jersey, area and at additional expense. The display
racks were thereafter released to The Star Ledger incrementally, as originally
contemplated. The shipment of the display racks by Plaintiff in actuality exceeded
53505.1
those ordered by Impact Marketing as the 250 display rack units were in addition to the
original 60 defective display rack units for a total shipment of 310 display racks. This
overshipment caused difficulties in the relationship between impact Marketing and the
end purchaser, The Star Ledger.
6. Denied. For the reasons stated in Paragraph No. 5 above the averments of
this paragraph are denied.
Admitted in part. It is admitted that Impact Marketing issued a second
purchase order to Plaintiff for 250 display racks which purchase order was given on or
about February 1998. As a result of display unit scheduling problems caused by the
overshipment discussed in Paragraph Nos. 4 and 5 above, Impact Marketing requested
that the order be placed on hold and pushed back in the production schedule replacing
that order with another order from an unrelated customer. Plaintiff failed to comply
with this request and again shipped the 250 display racks directly to The Star Ledger
who again refused to accept delivery. Impact Marketing was forced to accept delivery
of the untimely shipped units at its Mechanicsburg location. Plaintiff's failure to follow
the scheduling directions of impact Marketing interfered with Impact Marketing's
business and contractual relationships with The Star Ledger. Moreover, the invoice
documenting this purchase should have indicated a price of $13,658.00 to impact
Marketing.
8. Admitted in part and Denied in part. It is admitted that Exhibit "C"
appears to be an invoice dated October 5,1998, invoiced at No. CN70279, in the amount
of $3,414.50. The remaining averments of this paragraph attempt to characterize a
53505.1 3
written document, which document speaks for itself. By way of further answer, it
appears that the amount referenced in this averment reflects the commission owed to
Impact Marketing on this sale.
9. Admitted.
10. Denied. The averments of this paragraph attempt to characterize a
written document, which document speaks for itself and has not been provided along
with this Complaint. By way of further answer, Exhibit "B;" Invoice No. 2 attached to
the Complaint, does not reflect these averments.
11. Denied. Impact Marketing specifically denies that it owes Plaintiff the
amount of $30,817.50. Strict proof at time of trial is demanded.
12. Denied as stated. Impact Marketing had discussions with Plaintiff within
this time period in which Impact Marketing agreed to resolve any outstanding balances
when the issues concerning the newspaper display storage racks which remained in
storage were resolved.
13. Denied. The averments of this paragraph attempt to characterize the
terms of a written document, which document speaks for itself.
14. Admitted.
COUNTI
15. The responses to Paragraph 1 through 14 above are incorporated herein
by reference as though set forth in full.
16. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required.
5.1505.1
1 '
17. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required. By way of further answer, if a responsive pleading
is deemed necessary, the averments of this paragraph are denied.
18. The averments of this paragraph constitute a conclusion of law to which
no responsive pleading is required. By way of further answer, if a responsive pleading
is deemed necessary, the averments of this paragraph are denied.
19. Admitted.
WHEREFORE, Defendant, Impact Marketing, Inc., requests this Honorable Court
enter judgment in its favor and against Plaintiff, Go Plastics, Inc., and dismiss this
matter with prejudice and grant such other relief as the Court deems fair and just.
NEW MATTER
1. Plaintiff's claims are barred because they fail to state a claim upon which
relief can be granted.
2. Plaintiff's claims are barred due to Plaintiffs failure to mitigate damages
3. Plaintiff's claims are barred by the doctrines of estoppel and justification.
WHEREFORE, Defendant, Impact Marketing, Inc., demands judgment in its
favor and against Plaintiff, Go Plastics, Inc., on Plaintiff's Complaint together with the
53505.1
53505.1
:her relief this Honorable Court may determine to be just
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
BY C
Glenn R. Davis
Attorney I. D. No. 30140
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Defendant, Impact Marketing,
Inc.
-y` SAN-26-99 08:16 PM IMPACT ---- T1T7?55422 P.01
•wvroa?p 17106 270C P.00no
.1 Y-M&MCAiION
The undersigned, John E. Knowles, hereby verifies and states that:
11 He is President of Defendant in the within action;
2. The facts set forth in the foregoing Answer axe true and correct to the best
of his knordiedge, information anti belief; and
9• He is aware that any false statements herein are made subject to the
penalties of 10 Pa. C.S.A. § 49D4, relating to ungworn falsification to authorities.
Dated:
John 1:. owlee
, ffi&Kv
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Defendant's Answer to Plaintiff's Complaint was served by first-class United
States mail, postage prepaid, upon the following:
Stephen L. Grose, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P. 0. Box 11963
Harrisburg, PA 17108-1963
Dated: t Z M 1 1 O)O
Glenn R. Davis
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HEATH L. ALLEN
N. DAVID RAHAL
CHARLES W. RUBENDALLR
ROBERT L. WELDON
EUGENE E. PEPINSKY. JR.
THOMAS E. WOOD
JOHN H. ENOSM
GARY E. FRENCH
DONNA 5. WELDON
BRADFORD DORRANCE
JEFFREY S. STOKES
ROBERT R. CHURCH
STEPHEN L. GROSE
R.SCOTT SHEARER
WAYNE M. PECHT
DONALD M. LEWIS III
BRIDGET M. WHITLEY
BRENDA L GACK1
ALLAN J. ROSSI
JOHN A. FEICHTEL
STEFANIE A. MORRISON
I.- I
KEEFER WOOD ALLEN & RAHAL, LLP ESTABLISHED IN 1670
210 WALNUT STREET
OF COUNSEL:
P. O. BOX 11963 SAMUEL C. HARRY
HARRISBURG, PA 17108.1963 -
- WEST SHORE OFFICE:
PHONE (717) 255.8000 415 FALLOWFILLO ROAD
FAX (717) 255.8050 CAMP HILL, PA 17011
- 17171 612.5000
CIN No. 23.0716135 -
WRITER'S DIRCCT DIAL:
255-8052
December 7, 1999
Curt Long
Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013-3387
Re: Go Plastics Inc v Impact Marketing, Inc.
Dear Mr. Long:
Enclosed please find the verification containing the original signature of Mr. Bauman for
filing in the above matter. The initial riling of the complaint contained a facsimile copy of Mr.
Bauman's signature. Thank you for your cooperation in this matter.
Sincerely,
KEEFER WOOD ALLEN & RAHAL, LLP
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By:
S phen L. Grose
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Enclosures
cc: Glenn R. Davis, Esquire
12-02-9G 19; nF6{ FYit,{ {;._ iiD .LLENIT0 9%1§1''ab9-yyr,r, riip,/iui
I, Brian Bauman, the undersigned, acknowledge that:
I am the Director of Sales and Marketing at Go Plastics, Inc., plaintiff herein;
2. The facts set forth in the foregoing Complaint are true and correct to the best of
my knowledge, information, and belief; and
I am aware that false statements herein are made subject to the penalties of 18
Pa.C.S. Sec. 4904, relating to unswom falsification to authorities.
Bti
Director of Sales 8c Marketing
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y` KEEPER WOOD ALLEN & RAHAL, LLP
210 WALNUT STREET
P. 0. BOX 11969
HARRISBURG, PA 17108-19e3
GO PLASTICS, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
CIVIL ACTION - LAW
IMPACT MARKETING, INC.,
Defendant.
No. 99-7351
PLAINTIFF'S RESPONSE. TO NEW MATTER
AND NOW, comes the plaintiff, Go Plastics, Inc., by and through its counsel, Keefer
Wood Allen & Rahal, LLP, and files this response to new matter averring as follows:
Paragraph 1 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at trial.
2. Paragraph 2 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at trial.
Paragraph 1 states a conclusion of law to which no response is required. To the
extent a response is deemed necessary, it is denied and strict proof thereof demanded at trial.
WHEREFORE, plaintiff, Go Plastics, Inc., demands judgment in its favor and against the
defendant, Impact Marketing, Inc., together with costs and all other relief that this Court may
determine to be fair and just.
Dated: / 4? 2000
Respectfully submitted:
KEEFER WOOD ALLEN & RAHAL, LLP
By
Stephen . Grose
Attorney I.D. #31006
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
717-255-8052
Attorneys for Plaintiff
VERIFICATION
I, Stephen L. Grose, the undersigned, acknowledge that:
1. I am one of the attorneys for Go Plastics, Inc., the plaintiff herein;
2. The averments set forth in the foregoing Response to New Matter are within the
knowledge of the undersigned and arc true and correct to the best of my knowledge, information,
and belief; and
3. I am aware that false statements herein are made subject to the penalties of 18
Pa.C.S. Sec. 4904, relating to unsworn falsification to authorities.
Stephen . Grose
CERTIFICATE OF SERVICE
1, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, hereby certify that 1 have
served the foregoing paper upon counsel of record this date by depositing a true and correct copy
of the same in the United States mail, first-class postage prepaid, addressed as follows:
Glenn R. Davis, Esquire
Latsha, Davis & Yohe, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
KEEFER WOOD ALLEN & RAHAL, LLP
By ?'.
*Ste en L. Grose
Dated: / ?? B 2000
wl.. .-.-._..._
GO PLASTICS, INC., : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
CIVIL ACTION - LAW
IMPACT MARKETING, INC.,
: No. 99-7351
Defendant.
RULE TO SHOW CAUSE
AND NOW, this 3orday of m C1 , 2000, upon consideration of the
motion of the plaintiff, defendant is hereby directed to show cause within 10 days of the date of sr?? w
this Rule why it should not provide full and complete responses to the requests for production of
documents, and to provide any and all documents requested therein.
By the Court:
J.
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KEEPER WOOD ALLEN & RAHAL, LLP 20p
MAR 2 9
210 WALNUT STRFET
P. O. BOX 11983
HARRISBURG. RA 17108-1983
GO PLASTICS, INC.,
Plaintiff,
VS.
IMPACT MARKETING, INC.,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
No. 99-7351
PLAINTIFF'S MOTION TO COMPEL DISCOVERY
AND NOW, comes the Plaintiff, Go Plastics, Inc., by and through its attorneys, Keefer
Wood Allen & Rahal, LLP, and requests this Honorable Court to compel Defendant, Impact
Marketing, Inc., to respond to plaintiffs Request for Production of Documents - Set I, averring
as follows:
1. Under cover letter dated January 28, 2000, plaintiffs Request for Production of
Documents - Set I was served upon defendant in the above matter. A true and
correct copy of the Request for Production of Documents - Set I is attached hereto
as Exhibit A and incorporated herein by reference.
2. No responses were received within the thirty (30) days, and by letter dated March
6, 2000, counsel for defendant was requested to provide responses by March 15,
2000. A true and correct copy of the March 6, 2000 letter is attached hereto as
Exhibit B and incorporated herein by reference.
3. In accordance with Pennsylvania Rule of Civil Procedure 4009.11 and 4009.12,
the response to the request for production of documents was to be served within
thirty (30) days after service of the request.
4. No response to the request or the letter has been received from the defendant.
5. Under Pennsylvania Rules of Civil Procedure 4019(a)(1)(vii) and (viii), this Court
may enter an appropriate order directing the defendant to respond to the
outstanding requests for production of documents and provide the documents
requested.
6. Accordingly, the plaintiff requests that this Court enter a rule to show cause why
the defendant should not answer the request for production of documents and
provide any and all documents identified therein.
WHEREFORE, the plaintiff requests that this Court enter a rule directing the defendant to
respond fully to the requests for production of documents and produce any and all documents
covered therein without objection.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
By &n) ,
Ste hen L. Grose
Attorney I.D. #31006
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8052
Attorneys for Plaintiff
Dated: March _1._3 , 2000
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GO PLASTICS, INC., : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
VS.
CIVIL ACTION - LAW
IMPACT MARKETING, INC.,
: No. 99-7351
Defendant.
REQUEST FOR PRODUCTION OF DOCUMENTS
DIRECTED TO DEFENDANT IMPACT 1?1ARKETING. INC. - SET I
TO: John Knowles
c/o Glenn R. Davis, Esquire
Latsha, Davis & Yohe, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
PLEASE TAKE NOTICE that you are hereby required, pursuant to Pa. R. Civ. P. 4009,
as amended, to serve upon the undersigned your answers or objections to these requests within
thirty (30) days after service upon your counsel. You are requested to produce copies of all of
the documents requested below to counsel for Plaintiff. If the documents to be produced are
voluminous, Plaintiff requests that Defendant produce the documents hereinafter described and
permit Plaintiff, through its attorneys, to inspect and copy such of them as they may desire, at the
offices of Plaintiffs attorneys located at 4th Floor, 210 Walnut Street, Harrisburg, Pennsylvania.
Plaintiffs attorneys will be responsible for these documents as long as they are in their
possession. Copying will be done at Plaintiffs expense and the documents will be promptly
returned after copying has been completed.
This request is intended to cover all documents in the possession, custody and control of
Defendant, its agents, employees, and attorneys and is considered to be continuing, pursuant to
Rule 4007.4, as amended. Defendant's response to the requests should be modified or
supplemented as Defendant, and/or his attorneys, obtain further or additional documents up to
the time of trial.
Definitions and Instructions
A. The term "document," as used herein, means the original and all copies of any
written, printed, typed, or other graphic matter of any kind or nature and any other tangible thing
in your custody or control, including but not limited to:
All contracts, agreements, letter agreements, representations, warranties,
certificates, and opinions;
2. All letters or other forms of correspondence or communication, including
envelopes and notes, including reports, notes, notations, and memoranda of or relating to
telephone conversations or conferences;
3. All desk calendars, appointment books, and diaries;
4. All minute, records, or transcripts of meetings and conferences and lists of
persons attending meetings or conferences;
5. All reports and summaries of interviews or negotiations;
6. All photographs, tape recordings, microfilms, phonographs, tapes or other
records, punch cards, magnetic tapes, discs, data cells, drums, print-outs, and other data
compilations from which information can be obtained; and
Drafts of any documents, revisions of any draft document, and original or
preliminary notes.
B. If you claim that the subject matter of a document is privileged, you need not set
forth the brief statement of the subject matter of the document called for above. You shall,
however, otherwise "identify" such document and shall state each ground on which you claim
that such document is privileged.
-3-
REOUESTS:
1. The purchase order or the documents purportedly submitted by Impact Marketing,
Inc. ("Market Marketing') in September of 1997, ordering 250 display racks on behalf of The
Star Ledger, as indicated in paragraph 4 of the answer to the complaint. In addition, any and all
documentation to support defendant's assertion that the invoice amount for this purchase was to
be 313,707.60, and that the shipment was to be made in monthly increments of 60 display racks
directly to The Star Ledger.
2. Any and all documentation that substantiates the averments contained in
paragraph 5 of the answer to the complaint, relating to communications that Impact Marketing
had with either The Star Ledger or Go Plastics, Inc., relative to the averments made in that
paragraph.
3. Any and all documentation to support Impact Marketing's averments that the over
shipment referred to in paragraph 5 of the answer to the complaint "caused difficulties in the
relationship between Impact Marketing, Inc. and the end purchaser, The Star Ledger."
4. The purchase order issued by Impact Marketing in or about February of 1998,
ordering an additional 250 display racks for The Star Ledger, as referred in paragraph 7 of the
answer to the complaint.
5. Any and all documents supporting the contention that Impact Marketing
requested that the order identified in request number 4 above, be placed on hold and pushed back
in the production's schedule replacing that order with another order from an unrelated
customer.
-4-
6. Any and all documentation to support Impact Marketing's assertion that
The Star Ledger refused to accept delivery of the 250 display racks referred in paragraph 7 of the
complaint and the answer to the complaint.
7. Any and all documentation that substantiates Impact Marketing's averment
that the purchase price for the invoice referred in paragraph 7 of the complaint and the answer to
the complaint, should have indicated a price of $13,658.00.
8. The document referred in paragraph 10 of the answer to the complaint, which
document purportedly speaks for itself.
9. Any and all other documentation not specifically requested above, which
defendant believes supports its position as stated in the answer to the complaint.
to. Any and all documentation which defendant would use as an exhibit for trial in
this matter.
11. Any and all statement(s) that defendant has obtained or in its possession from any
witness(es) or party(ies) to this action.
-5-
12 Any and all notes that the defendant has with regard to telephone conversations
with individuals at Go Plastics, Inc. or The Star Ledger relating to incidents described in the
complaint or the answer to the complaint.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
St hen L. Grose
By
Attorney I.D. #31006
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8052
Attorneys for Plaintiff
Dated: a g 12000
-6-
CERTIFICATE OF SERVICE
I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, hereby certify that I have
served the foregoing paper upon counsel of record this date by depositing a true and correct copy
of the same in the United States mail, first-class postage prepaid, addressed as follows:
Glenn R. Davis, Esquire
Latsha, Davis & Yohe, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
KEEFER WOOL
By
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Dated: /Za 2000
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255-8052
March G, 2000
Via Facsimile & U.S. Mail
Glenn R. Davis, Esquire
Latsha Davis & Yohe, P.C.
4720 Old Gettysburg Road
Mechanicsburg, PA 17055
Re: John Knowles and Impact Marketing, Inc.
Cumberland County, No. 99-7351 Civil
Dear Glenn:
Defendant's responses to our requests for production of documents were due, at the latest,
on March 1, 2000. To date, we have not received the same. So I need not file a motion to
compel and/or for sanctions, please provide the requested documents by March 15, 2000.
In addition, you have not provided me with the dates when you and Mr. Knowles would
be available for depositions out of the dates that Brian Bauman and I were available namely April
17 through 21. I am no longer available April 17. Please advise as soon as possible of your
availability on the remaining dates, since we cannot hold these dates open indefinitely.
Sincerely,
KEEFER WOOD ALLEN & RAHAL, LLP
By:
Stephen L. Grose
SLG/tagg
CERTIFICATE OF SERVICE
I, Stephen L. Grose, Esquire, one of the attorneys for plaintiff, hereby certify that 1 have
served the foregoing paper upon counsel of record this date by depositing a true and correct copy
of the same in the United States mail, first-class postage prepaid, addressed as follows:
Glenn R. Davis, Esquire
Latsha, Davis & Yohe, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
KEEFER WOOD ALLEN & RAHAL, LLP
ephcn . Grose
Dated: March ?3, 2000
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( ) for JURY trial at the next term of civil court.
( X ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
Go Plastics, Inc.
VS.
Impact Marketing, Inc.
(check one)
( X) Assumpsit
( ) Trespass
( ) Trespass (Motor Vehicle)
(other)
(Plaintiff)
The trial list will be called on
and
Trials commence on
vs.
Pretrials will be held on
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214.1.)
(Defendant)
No. 7.351 - Civil
19.99.
Indicate the attorney who will try case for the party who files this praecipe: Step -R,-G> os_e,Fsq.
Reefer Wood Allen & Rahal, LLP, 210 Walnut Street, Rbg. PA 17101 - (717) 255-8052
Indicate trial counsel for other parties if known: Glenn R.-Davis, Fsq._ Latsha, Davis & Yobe,PC
--------- ------
4720 Old Gettysburg Road, Mechanicsburg, PA 17055 - (717) 761_1880
This case is ready for trial.
Signed: _-_ .
Print Name: _AteV!xm_.L.-Grose
Date: December 1 .2000_-_- Attorney for: -Plaintiff.__-----
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GO PLASTICS, INC.,
Plaintiff
VS.
IMPACT MARKETING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 99-7351 CIVIL
: CIVILACTION-LAW
IN RE: PRETRIAL CONFERENCE
Present at a pretrial conference held May 30, 2001, were Stephen L. Grose, Esquire,
attorney for the plaintiff, and Glenn R. Davis, Esquire, attorney for the defendant.
In this action the plaintiff seeks payment of invoices for the shipment of display racks.
The dispute appears to be over the amount which is due and owing.
Counsel for the defendant will be seeking to withdraw his appearance. In the meantime,
trial has been set for Wednesday, July 25, 2001, at 2:00 p.m.
May 30, 2001
Stephen L. Grose, Esquire
For the Plaintiff
Glenn R. Davis, Esquire
For the Defendant
Court Administrator
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LATSHA DAMS ?,?y
&YOHE,P.C. UY z 9 09,?r
ATTORNEYS AT LtW
POST OFna: Box 825
HARRISBURG, PENNSYLVANIA 17108-0825
S, INC.,
Plaintiff
V.
V No. 99-7351 Civil
IMPACT MARKETING, INC.,
Defendant CIVIL ACTION - LAW
JOHN E. KNOWLES, JOANNE KNOWLES
and BRENDAN KNOWLES,
Plaintiffs
V. NO. 98-6238
KENNETH J. FAULKNER and ANASTASIA CIVIL ACTION - LAW
FAULKNER, husband and wife,
Defendants JURY TRIAL DEMANDED
RULE TO SHOW CAUSE
AND NOW, this 3/" day of 12001,
upon consideration of Latsha Davis & Yohe, P.C.'s Petition to Withdraw as Counsel for
Impact Marketing, Inc., and John E. Knowles, et al., in both of the above-captioned
matters, a rule is issued to show cause, if any, why the relief requested in the petition
should not be granted.
Jt,'.A 01
Rule returnable 20 days from the date of?this Order.
BY THE COURT:
66536.1
.? I .. )I?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GO PLASTICS, INC.,
Plaintiff
V.
No. 99-7351 Civil
IMPACT MARKETING, INC.,
Defendant
CIVIL ACTION - LAW
JOHN E. KNOWLES, JOANNE KNOWLES
and BRENDAN KNOWLES,
Plaintiffs
V.
NO. 98-6238
KENNETH J. FAULKNER and ANASTASIA
FAULKNER, husband and wife,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ORDER
AND NOW, this
day of
2001,
it is hereby ORDERED that Latsha Davis & Yohe, P.C: s Petition to Withdraw as
Counsel for Impact Marketing, Inc., and John Knowles, et al., in both of the above-
captioned matters is granted.
BY THE COURT:
J-
66536.1
a
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GO PLASTICS, INC.,
Plaintiff
No. 99-7351 Civil
V.
IMPACT MARKETING, INC.,
Defendant
CIVIL ACTION - LAW
JOHN E. KNOWLES, JOANNE KNOWLES
and BRENDAN KNOWLES,
Plaintiffs
V.
NO. 98-6238
KENNETH J. FAULKNER and ANASTASIA
FAULKNER, husband and wife,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PETITION OF LATSHA DAVIS & YOHE P.C.
FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL FOR
IMPACT MARKETING INC. AND JOHN E. KNOWLED, ET AL.
AND NOW, COMES, Petitioner, Latsha Davis & Yohe, P.C., and presents this
petition to withdraw as counsel on behalf of both Impact Marketing, Inc., and John E.
Knowles, et al., and in support thereof, represents the following:
On or about April 26, 1999, impact Marketing, Inc., requested that
Petitioner represent it in the above-captioned action, Docket No. 99-7351.
66536.1
2. On or about April 26,1999, John E. Knowles requested that Petitioner
represent him and his wife in a civil action, Docket No. 98-6238, which is currently
pending before this Court.
3. Petitioner agreed to represent Impact Marketing, Inc., and John E.
Knowles, et al., at an hourly rate as well as reimbursement for all costs incurred in said
representation. A copy of the fee letter dated April 26, 1999, is attached hereto as
Exhibit "A."
4. John E. Knowles, both individually and on behalf of Impact Marketing,
Inc., agreed to the above fee arrangement and assured Petitioner that he would pay the
aforementioned fees and costs on a monthly basis.
5. In reliance upon the above, Petitioner agreed to represent both Impact
Marketing, Inc., and John E. Knowles, et al.
6. Since May 2, 2000, to the present, neither Impact Marketing, Inc., nor John
E. Knowles has made payment for legal services rendered and costs incurred on their
behalf by Petitioner. As a result, both Impact Marketing, Inc., and John E. Knowles
have an outstanding balance in their account with Petitioner of $8,986.86.
7. Both Impact Marketing, Inc., and John E. Knowles have failed or refused
to pay the outstanding balance in their account.
8. John E. Knowles and Impact Marketing, Inc., have failed or refused to
communicate with Petitioner regarding a pre-hearing conference which this Court has
scheduled for May 30, 2001.
56196.1 2
9. Based upon the foregoing, Petitioner, Latsha Davis & Yohe, P.C., cannot in
good faith continue to represent either impact Marketing, Inc., or John E. Knowles, et
al., because Petitioner believes that the attorney-client relationship has irretrievably
broken down.
WHEREFORE, Petitioner, Latsha Davis & Yohe, P.C., respectfully requests that
this Honorable Court grant its motion to withdraw as counsel for both Impact
Marketing, Inc., and John E. Knowles, et al.
Respectfully submitted,
LATSHA DAVIS & YOHE, P.C.
Dated: By
Glenn R. Davis
Attorney I.D. No. 31040
Chadwick O. Bogar
Attorney I.D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Impact Marketing, Inc., and
John E. Knowles, et al.
56196.1 3
1
EXHIBIT A
IATSHA i)AVIS
& YOHE, P.C.
ATTORNEYS AT LAW -
PLEASE REPLY TO: Harrisburg
April 26,1999
Mr. and Mrs. John E. Knowles
12 Wheatland Drive
Mechanicsburg, PA 17055
Re: Professional Services Engagement Letter
Dear Mr. and Mrs. Knowles:
- Kinder L. Latsha
Douglas C. lobe'
Glenn R. Davis
Kevin M. McKenna.''
Jonathan M. Crist
Edward G. Cherry
David C. Marshall
Karin S. Gutshall
Steven M. Montresnr•
Jason L. Swartley
Christine L. Sudlosv
Ake admitted *NJ
**NC, MD
'..NJ, DC
Our rules of professional ethics require us to set forth our fee arrangements in writing at
the commencementof a professional relationship.
With regard to our fees and billing practices, you will receive periodic statementsfrom
our firm, usually monthly, detailing services rendered during the last billing period plus costs
and fees which were advanced on your behalf, such as filing fees, reproduction, postage, long
distance telephone costs, express mail fees, telecopier (fax), computerized research costs and
travel expenses. Each attorney and professional staff member prepares accurate and daily time
records for each file on which they work. Hourly rates are determined periodically by our
office, generally each year, and will vary according to the attorney who provides the services
and the type of services requested. There is a minimum charge of three tenths of an hour for
phone communications. There is a courier service fee for the hand delivery or filing of
documents. Travel time is from portal to portal. My current hourly rate is $170.00. The hourly
rates of our attorneys range from $95.00 to $190.00. Paralegal services range from $65.00 to
$70.00 per hour, and the services of our law clerks range from $65.00 to $80.00 per hour.
Although most of our fees are calculated on an hourly rate basis, we also have retainer
and project fee arrangements with clients. Certain projects can be quoted at a fixed fee if the
scope of the work can be delineated clearly in advance. We bring a team approach to our work
product which is designed to provide economically efficient and effective representation by
matching the hourly rates and experience of our attorneys and staff to the professional
requirements of a particular matter. Where appropriate, we attempt to utilize paralegals for
Post Office Sox 825 • Harrisburg. PA 17108.0825
4720 Old Gettysburg Road, Suite 101 • Mechanicsburg, PA 17055 • (717) 761.1880 • FAX (717) 761.2286
7 Great Valley Parkway, Suite 221 • Malvern, PA 19355 • (610) 251.6985 • FAX (610) 407.9265
3000 Atrium Wag Suite 251 • Mt. Laurel, NJ 08054 - (609) 231.5351 • FAX (609) 273.6913
Maryland Telephone: (410) 727.2810
f14
Mr. and Mrs. John E. Knowles
April 26,1999
Page 2 !
more routine and repetitive matters with the goal of reducing the overall cost without
sacrificing any quality in the product.
Unless otherwise agreed, we will perform services for you at our standard hourly rates.
Statements are due upon receipt and must be paid within thirty (30) days unless other
acceptable arrangements are made in advance.
We customarily assign the responsibility of coordinatingall aspects of our
representation of a particular client to one attorney designated the "client coordinator." All
work requests are channeled through that professional, who is then responsible for
coordinating all work assignments. Of course, we encourage direct communication with the
individual attorney(s) working on a particular project. The client coordinator also is
responsible for billing and responding to all questions relating to client fees and our
representation. I will be performing the role of client coordinator for you.
It is our understanding that we have been retained to represent you with regard to
various family legal matters.
If at any time during the course of our professional relationship you have any questions
regarding our services or our fees, please raise them with me. We strongly encourage open and
frank discussions about our work product and fees. We find that good communication
enhances our professional relationship with our clients and facilitates our ability to address
effectively and economically the legal challenges facing them.
We thank you for the opportunity to perform legal services for you. Best regards.
Very truly yours,
G5++2Q` o
Glenn R. Davis
ohs
46721.1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Petition of Latsha Davis & Yohe, P.C., for Leave of Court to Withdraw as
Counsel for Impact Marketing, Inc., and John Knowles, et al., was served by first-class
United States mail, postage prepaid, upon the following:
Stephen L. Grose, Esq.
Keefer Wood Allen & Rahal, LLP
210 Walnut Street
P. O. Box 11963
Harrisburg, PA 17108-1963
David A. Baric, Esq.
O'Brien Baric & Scherer
17 West South Street
Carlisle, PA 17013
John E. Knowles
Joanne Knowles
12 Wheatland Drive
Mechanicsburg, PA 17055
Brendan Knowles
12 Wheatland Drive
Mechanicsburg, PA 17055
Dated: 42
hadwick O. Bogar
66536.1 j
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GO PLASTICS, INC.,
Plaintiff
V.
IMPACT MARKETING, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
99-7351 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of July, 2001, following
trial without a jury, the Court finds in favor of the Plaintiff,
Go Plastics, Inc., and against the Defendant, Impact Marketing,
Inc., in the amount of $30,817.50.
Stephen L. Grose, Esquire
For the Plaintiff
Impact Marketing, Inc.
12 Wheatland Drive
Mechanicsburg, PA 17055
It
By the Court,
//f
Hess, J.
0.
u[
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GO PLASTICS, INC.,
Plaintiff,
VS.
IMPACT MARKETING, INC.,
Defendant.
CIVIL ACTION - LAW
No. 99-7351
PLAINTIFF'S RESPONSE TO RULE TO SHOW CAUSE
Plaintiff, Go Plastics, Inc., has no objection to the Petition to Withdraw as Counsel for
Impact Marketing, Inc., filed by Latsha Davis & Yohe, PC, provided that the trial presently
scheduled for July 25, 2001, commencing at 2:00 p.m., not be postponed.
Respectfully submitted,
Dated: June *, 2001
KEEFER WOOD ALLEN & RAHAL, LLP
By ALt, +ax,
STE EN L. GROSE
Attorney I.D. #31006
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8052
Attorneys for Plaintiff
it
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4:?aq
.RTIFICATE OF SERVICE
e, one of the attorneys for plaintiff, hereby certify that I have
served the foregoing paper upon counsel of record this date by depositing a true and correct copy
of the same in the United States mail, first-class postage prepaid, addressed as follows:
Glenn R. Davis, Esquire
Latsha, Davis & Yohe, P.C.
P.O. Box 825
Harrisburg, PA 17108-0825
KEEFER WOOD ALLEN & RAHAL, LLP
By LJ .,w?-
St hen L. Grose
Dated: June, 2001
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