HomeMy WebLinkAbout03-4060COMMOI~/VEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
NOTICE OF APPEAL
FROM
JUDICIAL DISTRICT
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is gh~n that the appellant has filed in the above Court of Common Pleas an appeal from the .~udgrnent rendered by the District Justice on the
date and in the case mentioned belo~
THOMAS REGIONAL DIRECTORY CO.~ INC. DJ Correal, DC 09-2-01
~ o~ ~u~u~ a~Y ~^m ze coee
c/o Amato and Margle, P.C. 107 North Commerce Way Bethlehem PA 18017
7/21/03 THOMAS KEGIONAL DIRECTORY CO., INC. ~ TURNER HYDRAULIC.
CV C V - 223 - 03 ~~~
LT Ronaldz~a~o% Esquire~ttorney for Appellant
This b~ock will be signed ONLY when this no~ation is required under Pa. R.C.PJ.P. T'4o. If appellarlt was CLAIMANT (see Pa. R,C.P.J.P. No.
1008B.
This Notice of Appool, when received by the District Justice, will aperote as o lO01(6)/nact/onbeforeD/$tr/¢tJust/ce, heMUST
SUPERSEDEAS to the judgment for possess/on in this cose FILE A COMPLAINT within twenty (£0) c/aMs after
filing his NOTICE of APPEAL.
Signature of Prothonota[y or Deputy
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P, No. 1001(7) in act/on before D/strict Justice.
IF NOT USED, detach from copy of notice of al~eal to be s~rved upon 8ppellee).
PRAECIPE: ~'o Prothonotary
Enter rule upon
(C~t~,on Pleas No
, appellee(s), to file a complaint in this appeal
) within twenty (20) days after service of rule or suffer entry of judgment of non pros
RULE: To , agree(s).
Nerve of
(l) You am notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
sm'vice of this rule upon you by personal service or by certified or registered
(2) If you do not file a complaint w/th/n this time, a JUDGMENT OF NON PROS W1LL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONw~=.~LTH OF PENNSYLVANIA
COUNTY OF:
09-2-01
~.,.~o.~: (717) 340-6564 17013-0000
A~ FOR
~hl, TO AND M~KGLE, P.C.
107 N ~CE NAY APT/gTE 100
~K)l~n~ ~.TO
Bf'l'aI.~-m'~,~ PA 10017
i}3'L-- 03011..<
NOTICE OF JUDGMENT/TFIANSCFIIPT
CIVIL CASE
PLAINTIFF: NAME a~d ADDRESS
CTHO~A8 REGI(A~A~ DIRECTORY ~O.INC. ~
107 N ~O~F~C~ WAY APT/STE 100
~ONA~D A~ATO, ESQDIP.~
~ETH~HE~, PA 18017 j
VS.
· ~/~u~N~R HYDRAULICS, INC. -~
1605 I'i~UB~RIAI~ DR
CARLISI.~, PA 1701.3
L .J
Docket No,: CV'o0000223-03
Date Filed: 6/16/03
THIS IS TO NOTIFY YOU THAT:
Judgment:
]'"~ Judgment was entered for: (Name)
['~-"] Judgment was entered against: (Name)
in the amount of $ . OD on:
{---~ Defendants are jointly and severally liable.
--] Damages will be assessed on:
'-]This case dismissed without prejudice,
~--~ Amount of Judgment Subject to
Attachment/42 Pa.C.S. § 8127 $
[~ Portion of Judgment for physical
damages arising out of residential
lease $
~OR D~i~ll~ANT
(Date of Judgment)
(Date & Time)
Amount of Judgment $ · 00
Judgment Costs $ .00
Interest on Judgment $ .00
Attorney Fees $ ~ . 0 0
Total $ .00
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total $
ANY PARTY HA~ THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICE$~ IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCE~ MAY BE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
07-21-03 Date ~. "~-~d~,../~ ; :~'*. ,..-~ D~stri~ Justice
I cedJfy that ~his is a lrue~d~ co~t/copy., of the r~r~, , ~d~e proce~in/~.;~nt~in~.,? the judgment.
z ' , /., ./ '., :t' . . : .
07-21~3 Date ( ~,._[,_ [ ~.'1 ~.~ :., , ,D,str,aJust,ce
~ ~ .... ~ . ,.., .
My commission expires first Monday of January, 2006 .
AOPC 315-03 DATE ~: 7/21/03 10:35:25
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
Tbs pr ~ c'f M ST [~E /: FD W~THfv TEN ~) D/~ ?At'T~/~ f/in~ theno~ceof~p~x~a' Ch~cA ~f;~ u b~e box ~
~O~ONWEA .,~, e~ P~NNSY~
AFF~DA~tT: ~ereb s~es o afrt~that served
~ ~ co~)y of ti( t~ ot ce o A~p~ Common P cas No
~:~ 03-4060 Civil
pot the~)s~ c Jm~U e~es~n<~te~ ~ee~or
C [tt~,t he~ ~at: {~nd u~scn~t:eappela~, rar*~ Turner Hzdraulics. Inc.
e edt~e~Jet°F~eaComp,alnta~,companymgtheaDo,¢eNot,ceofAppea pont eapDeiee(s)t),¢,ho:
~ b} p ona~se~vice~ ~y (certif ~ ~ :~
~F~ ~ ~D NDSU3SCRi~LB~SEFOREME
COMMONWEALTH OF PENNSYLVANIA
COURT OF COMMON PLEAS
JUOI~;!AL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Co~'t of Common Pleas an appeal bom the judgment rendered by the District Justice an the
date and in the case mentioned below.
THOMAS tLEGIONAL DIRECTORY CO. ~ lNG.
C/O Amato and Margle, P.C.
107 North Co~nerce Way Bethlehem
DJ Correal~ DC 09-2-01
PA 18017
co..
T~ ~ck will bo ~ ONLY ~n this ~ is required u~r P~ R~JF ~ If ~11~ ~S CLAIMANT (s~ ~. R.C. AJ.P NO.
1008K 1001 (6) in ~ti~ ~e District J~tice, he MUST
This ~t~e of A~I, ~ mc~ ~ t~ District Justice, will ~em~ ~s
~PER~DEAS ~ ~ ju~ ~ ~s~s~ in this case FILE A COMPLAINT within twenty (20) days after
filing his ~TICE of A~EAL.
S~atum of ~th~o~y ~
Enter rule upa~
(Commo~ Pleas N~
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P, No, 1001(7) in action before D/strict Justice.
IF NOT USED, detach from copy of notice of appeal to be sewed upon appellee).
PRAECIPE: To Prothonotary ,. ,'
) within tw~ty (20) days after set.ce of rule or suff~ entry of judgment of nou pros.
, ap~lee(s).
RULE: To
(1) You am ~fi~ t~t a rule is ~ ~ u~ ~u ~ fi~ a c~Mint in ~g a~'Wi~i~ t~ty. (20) ~s a~ ~d~ of
~v~e of ~is m~ ~ ~ ~ ~r~l s~ke ~ ~ c~i~ ~ ~s~ ~iL
(2) ~ y~ ~ ~t fi~ a c~plaint wEhin t~s fi~, a JU~ OF ~N PROS WILL BE ENTERED AGAINST YOU.
(3) ~ ~ of ~rvEe of ~is ru~ E ~M~ ~s ~ ~il is ~ d~ of ~li~
COURT FILE
AOPC 312-90
;O~T~a~ POSTMARK OR DATE
RETURN ~Slt~ ~ ~E ~.~/
Turner Hydraulics
1605 Industrial Drive
Carlisle, PA 17013
PS FORM 3800
RECEIPT FOR CERTIFIED MAIL
t,rt
SERVICE CER~IRED ~ ~U.UU
$4.42
1:45 PM File:
District Justice Paula Correal
District Cou~ 09-2~1
I Cou~ House Square
Carlisle, PA 17013
PS FORM 3800
~uNrrED.~'7'~TE$ RECEIPT FOR CERTIFIED MAIL
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOMAS REGIONAL DIRECTORY CO.,
INC.
Plaintiff
VS.
TURNER HYDRAULICS, INC.
Defendant
: No. 03-4060 Civil
:
: CIVIl_, ACTION
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 PERSONALI,Y OR BY ATTORNEYS AND
FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO
SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY
CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED
BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS
IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
AMATO AND M,~GLE, P.C.
Ronald Amato
Attorney ID #32323
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOMAS REGIONAL DIRECTORY CO.,
INC.
Plaintiff
VS.
TURNER HYDRAULICS, INC.
Defendant(s)
No. 03-4060 Civil
.-
.-
CIVIL ACTION
COMPLAINT
The above Plaintiff brings this action against the above Defendant to recover the sum of
$3,879.08, with interest thereon as hereinafter stated, upon the following cause of action:
1. The Plaintiff, THOMAS REGIONAL DIRECTORY CO., INC. is located at
Five Penn Plaza, New York NY 10001.
2. The Defendant, TURNER HYDRAULICS, INC. is located at 1605 Industrial
Drive, CARLISLE PA 17013.
3. Plaintiff is engaged in the publishing business and publishes a publication known
as Thomas Regional Directory.
4. The Plaintiff, at Defendant's special instance and request inserted advertising
matter in the its publication known as Thomas Regional Directory of the type, at the times and
for the prices set forth in an attached Contract which is made a part hereof and marked Exhibit
5. Under the terms and conditions of said advertising agreement, Defendant agreed
to pay the total amount which is set forth in Exhibit "A".
6. While Plaintiff performed and complied with Defendant's special request and
advertised in accordance with Defendant's consent and approval all to the Defendant's benefit,
Defendant failed to make payment therefore.
7. The prices charged for the aforesaid advertisement is just and reasonable and are
those which Defendant promised to pay Plaintiff.
8. Defendant received and accepted the benefit of said advertising, as more fully
described in the attached Exhibits, and a total principal amount which became due as a result
thereof, after allowance for all proper credits for payments and/or adjustments, if any, was
$2,545.00.
9. Plaintiff is entitled to receive interest on the above amount determined by applying
the agreed interest rate of 18.00% per annum to the past due balance.
Accordingly, as of August 21, 2003 the total amount of interest due to Plaintiff is $792.33.
10. In accordance with the aforesaid agreement, Defendant further agreed to pay
Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff,
which total $541.75.
11. The Plaintiff has made demand against the Defendant for the aforesaid amount,
but Defendant failed or refused to pay the same or any part thereof.
12. Plaintiff is entitled to have the 18.00% interest charge continue to accrue as set
forth above, from August 21, 2003 on down to the date of judgment in this matter.
WHEREFORE, Plaintiff demands judgment against the Defendant for $3,879.08
together with the continually accruing interest charge at the agreed rate of 18.00% per annum
from August 21, 2003, and costs of suit.
COUNT II
Alternative to Count I - Unjust Enrichment
13. Plaintiff incorporates the allegations of every paragraph enumerated above of
this Complaint as if said paragraphs were fully set forth here at length.
14. The goods, wares, merchandise, and/or services, described in the exhibits
attached hereto were purchased by Defendant, and Defendant received and accepted the
benefit of such goods, wares, merchandise, and/or services provided by Plaintiff.
15. At all times material hereto, Defendant was aware that Plaintiff was providing
the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff
expected to be paid for such.
16. At all times material hereto, Defendant, with the aforesaid knowledge,
permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services,
and to incur damages.
17. At all times material hereto, Defendant was unjustly enriched by retaining the
benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff
fair and reasonable compensation.
18. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's
expense, an implied contract exists between Plaintiff and Defendant, and Defendant is
obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares,
merchandise, and/or services described in the exhibits attached hereto, in the amount of
$2,545.00.
WHEREFORE, Plaintiff demands judgment against Defendant for $2,545.00 together
with the continually accruing interest charge at the statutory rate of 6.00% per annum from
August 21, 2003, costs of suit and all other relief to which Plaintiff may be justly entitled.
BAyM.. ATO AN/~ARGLE, P'C'
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(61 O) 866-0400
VERIFICATION
C ~ , hereby states that he/ e is the of
statements made in the attached Complaint are True and correct to the best of his/her know~edge,
information and belief. Th= undersigned understsnds that the statements herein are made subject to
the penalties of 18 PA C.S- §4904 relating to unsworn falsification to authorities.
EXHIBIT "A"
t . PA0 t 3F t
nas Regional Ditt' mty Co., Inc., Five Penn Plaza, New York, N.Y. 10001 (212) 629-2100
Advertising Space Order for the 24TH~. Edition of - 20 02
GREATER DELARARE VALLEYi Regional Industrial 8uyingGuide
Order #
TU,:<N£K HYg':UJL[CSn If'lC.
Pg ~OX
CA~L[SLE P~ I7013
AREA ~--r ~ A "~ 3I [ AREA
' n,~ ).. = ~.,:', -,,.- Fax. ~ g.
T~. ( ~',- - '
COOE ~ CODE
Contractor
I.D.# (#) SIZE x # OF COLS. (HEADING #) PRODUCT/SERVICE CLASSIFiCATiON
00 00 00311
/IC,~/ ~ Z
AMOUNT
91 {l)
1 i/4 i',CH~5 X i CELUHN (00756504) CYLi~EE~
~EPAI~ING & RE3UILDING SERVICES 1,075~
1 1/4 INCHES X 1 COLUMN (GRAOOO40) GKACO~K ~,075.~
(~} 1 i/4 iNCHES X i COLUMN ~02~i5407)
AUTUMOTIV~ EQUIPMENT g PARTS
(1) TREND: CgNVERSI~N
(1) TREND: ~R~CHURE
50 (800) Number
51 FAX Number
Source of Sales Lead (New Business Only): IMPORTANT' TOTAL
~ TRD Telemarketing [] Referral G Other SLR#
£ Other TRD Lead [] Trade Show (from TRD Lead Fo;m)
~e authorize you to publish m d sseminote in the specified space, ia the specified medium, the copy that we may furnish you prior to ~e pub sh ng at he work Ihal includes sa d space In me evenl that we do nat
n sh copy a me Jo pub ication or dissem noPon, we hereby outhoiize you (the publisher) to display in said space oul name, address, and any additional maffel ttiat may appeal to you to be appmpr a e or he
urpose gnlessspeaficammynotedabove, pubicaflonw be n~eprn m~umonJy.
il t ~e ub she at the add ess shown on ~is conhac You may an~ w hog barge 0 days from the do e ~is o~dm ~s signed. (ancCJations [e(emved
at accepted offer ~e dosing 0f ~e ~blicaflom
'is agreed ~01 ami specifico~ons, condigns re ms and o I o~er ogreemen~ affecting ~is orde~ o~e printed on ~e front of ~e orde~, oho
r is a reed ~at e~rors o o~issions n es~ to Bald Type~d o o her )is~ngs ~o~ed to us by ~e pub she and o~free racer shoB no be onsidmed a basis fo~ reduchon
~ee~ ~ot the pubii~ is no~ $iabJe (o( ~ailu(e to insed an ~e~semeni o~ o s~, no any errO~odve i'sing beyond ~e cos o ~e spa e oc~olly occup ed by he effod
,dves~se(s assume liobdJ~ for all contem o~ o~e~sing pub~ish~ o~ disseminat~ o~ wa~an~ ~at it has ~e dgh~ )o such
· h~rn~ ' ,~,":'~'~-~ ~f 1'4 ~o ~e~ mon~ wiB ~ added to all balances unpa d 60 do,s aher invoice date In he event thai se~ ces o( auricle ogendes os o~omevs
e ash s due on ~en~on ~ bdl aHe ~--.~,. ~ .-~,,~ ~.u,~ ~ ' ,~ ~ ........ ~ ~, .J~-~m~ ~il-~e '~ t~m. ~.~ hn nnr~ due w suit in ~e m~ovd o) odvenis-
~g bom ~e said s~ce.
gibie a~e~sers may requ~t ~e TH0~S REGI~DI~ECI0RY COMPANY Ten Mon~ Payment ~an. Adve~ser will be billed wi~in 30 days P~IORi0 PUBLICATIO~ and wil) receive a set
~on~lv invoic~ adding to ~e m~l amount ~ o~r c~6act. Each nra ce w Il be da e~ ~ due ~e fimt ~ ~ch mon~.
~ order to be eligible, the con,acm must m~a minimum con~act o(der omoun) os detemin~ by ~e publisher o~ may nm be used in conjunc~on wi~ ~e Notarial Accoum Re~te Pl~ram.
~e a e i~ urn) agmemem ~t ~ s spedd arrangement wim) ~emain in fo~ce so long as our account remains cu,em. In case of de(adt of this p*~ram. ~e MI omoum oi ~e unpaid balance w~ll become due and payable
)us a 1 4 % pe mon~ se~ke charge on ~e un~id ~lance from ~e do~ of d~ault. NAT)aNAL ACCOUNT P~OG~A~
Authorized Sianmture. ~J~.~. F. ~.. ~. ~ u~e
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
THOMAS REGIONAL DIRECTORY CO.,
INC.
Plaintiff
VS.
TURNER HYDRAULICS, INC.
Defendant(s)
: No. 03-4060 Civil
: CIVIL ACTION
CERTIFICATE OF SERVICE
The undersigned certifies that a true and correct copy of Plaintiff's Complaint was
served via first class mail, postage prepaid on September 2, 2003:
Turner Hydraulics, Inc.
1605 Industrial Drive
CARLISLE PA 17013
AMATO AND MARGLE~'~-~
By:
Ronald Amato
Attorney I.D. No. 32323
Attorneys for Plaintiff
107 North Commerce Way
Bethlehem, PA 18017
(610) 866-0400
TURNER HYDRAULICS, INC.
1605 INDUSTRIAL DRIVE P.O. BOX 728 CARLISLE, PA. 17013
717-243-3329 1-800-222-2543 FAX 717-243-8865
Court of Common Pleas of Cumberland County, PA
Civil Action - Law
RE: Civil Action No.: 03-4060 Civil
Thomas Regional Directory Co., Inc.
v. Turner Hydraulics, Inc.
Enclosed please find our answers and objections to the complaints issued by the plaintiff.
4 - 18. Turner Hydraulics never requested the advertising as referenced in exhibit "A". The plaintiff's
representatives presented this Exhibit "A" at the end of the year 2000. They were told at that time that we were
most likely not going to continue advertising in their publication. Their sales representatives then told me that this
was not a binding contract, but to sign it just in case we change our mind. This would allow us to take advantage
of the 2000 prices. I responded by saying that no way would I sign that, especially at $10,975. To make me feel
more comfortable about reserving 2000 prices in case we change our minds, the representative drew lines through
all of the typed entries and hand wrote what they said was the minimmn amount I could go with and still take
advantage of 2000 prices (in case we change our minds and decide to renew)
I then asked Jay McCoy (my assistant who had been in the same office during this conversation) to be a witness to
this in case they try to activate a contract. I made it clear that I would sign it just in case we did change our plans
but in no way was I ordering anything. The Thomas Regional representatives also clearly acknowledged this fact.
There was no doubt in any ones mind that day as to the facts of that meeting. Jay McCoy, Myself and even the two
Thomas Regional representatives themselves will testify under oath to this fact. If their own representatives agree
with what happened that day, then why has this issue gone this far.
Please refer to the attached letters for additional information on this subject. I would like to enter these two letters
as Exhibit "B" and "C"
Page 1 qf 2
Interrogatories
1. Provide the plaintiffs representatives sales call reports for the date Eyahibit "A" was signed (12-21-2000) and
also for the date that Brooke David returned to Turner Hydraulics in a "last ditch effort" to retain us as a customer.
This is also the day he thanked us (Jay and I) for our past business and hoped that someday we would change our
mind and once again utilize their publication.
2. Provide the "NEW COPY ATTD" as it is referred to in Exhibit "A" in the "COPY INSTRUCTIONS" column.
3. Provide the "Proof Approval" record for the ad copy referenced in #2 above. Please refer to attached sample
proof approval marked Exhibit "D"
4. Provide the effective start date and end date the alleged contract was to be effective.
5. Provide the date in which the telephone service was discontinued for 'the ad specific toll free phone number as it
appeared in the 2002 publication. Tel# 800-216-0423
Respectfully submitted,
Turner Hydraulics, Inc.
Page 2 of 2
TURNER HYDRA
1605 INDUSTRIAL DRIVE P.O. BOX 728 CARLISLE, PA. 17013
717-243-3329
1-800-222-2543 FAX 717-243-8865
Andrew C. Ruiz
Thomas Regional Directory Co., Inc.
Five Perm Plaza
New York, New NY 10001
Tel: 212-290-7244 Fax: 212-290-7205.
January 7, 2002
RE: Advertising in the 2002 edition of the Greater Delaware Valley Regional Industrial Buying Guide
Invoice# Z71216502020009
Your Ietter dated December 8,2001
Dear Mr. Ruiz,
When I received a copy of the latest Buying Guide, I was surprised to see we were still in the
book. My first thoughts were that this advertising was your way of thanking me for past business and a
marketing technique to get me back as a customer. I was even more surprised when I received an invoice
for advertising. I must also inform you that contrary to the statement in your letter, I have been in contact
with your representatives in a timely fashion and that I do not appreciate the tone of this notice.
Lisa Griegel and Brooke David were both informed that Turner Hydraulics was discontinuing
utilizing this advertising media. They gave it their best to keep us "in the program", but we needed to cut
advertising dollars and the return on our investment just wasn't being realized. David Brooke made one
"last ditch effort" by sitting down with me one more time in my office before the publishing deadline. I
thanked him for his perseverance, but again told him we would not participate this year. He thanked me
and said that maybe down the road, we would again use the Thomas Regional.
As far as the signed order dated 12/21/00 is concerned, when Turners made it known that we were
possibly not going to advertise in the 2002 book, I was told to sign this to reserve the current year's
pricing in case we would change our mind. This technique had been used in my previous years with the
Thomas Regional.
The last time I spoke to your representative (Brooke David) about receiving the invoice for your
product, I thought this issue was taken care of. Obviously it has not been to my satisfaction. Turner
Hydraulics is not going to be "hood-winked" into paying for services we did not order by any product or
service provider.
Sincerely,
Bill T~er - Ex~
Turner Hydraulics, Inc
CC;
Beckey Shover - Controller
Ivo Otto - Martsen, Deardorff & Otto
TURNER HYDRAULICS, INC.
1605 INDUSTRIAL DRIVE P.O. BOX 728 CARLISLE, PA. 17013
717-243-3329 1-800-222-2543 FAX 717-243-8865
Frederick H. Jones - Credit Manager
Thomas Regional Directory Co., Inc.
Five Penn Plaza
New York, NY 10001
Tel: 212-290-7244 Fax: 212-290-7205
February l5,2002
RE: Advertising in the 2002 edition of the Greater Delaware Valley Regional Industrial Buying Guide
Invoice# Z712 16502020009
Your letter dated December 8,2001
Your letter dated January 22, 2002
Dear Mr. Jones,
In response to your letter that states that neither Ms. Griegel nor Mr. Brooke told me to sign
the contract for price protection only ........ That simply is not true. I have witnesses to the fact that
your sales people did indeed state this. This technique was used on more than one occasion and it is
my opinion that it is probably used very frequently throughout yo~ar marketing organization. If you
would please review my letter of January 7, 2002 which you are referencing, you would familiarize
yourself on my position in this matter.
It is for those reasons (mentioned in my letter) and also for the arrogant manor in which this is
being handled that we are also going to be filing a complaint report with the Attorney General's Office
describing your tactics. Concurrent with that we are considering launching a class-action law suit
against your company. I guarantee you that i could make some pi~tone calls and find many past and
.pr.esent customers who signed contracts in December for price protection only. I also want to ask you;
is ~t typical in your operation to honor a formal contract with "cross-outs" and "write-ins" which are
not initialed by either party?
~at happened for your clarification, l let it known to your sales representative
~t,hat we.were, considering dropping the Thomas Regional from our advertising plans. I was told to sign
the. contract just in c~e we do decide to stay on so that I could enjoy the previous year's prices. I
,vo,!c, ed my c, once. m,.s,about doing that because once before I signed and ended up paying for advertising
I di.d n.o.t orde,r. I~d'~d not want this to happen again. I was assured that my signature was for price
protecti0n~nly.~T~. 's.entire conversation was witnessed by one of our office staff, myself and your
,representative. This time, before I signed, I even went as far as to ask my assistant to be a witness
b. eca~use of my past experience. He sat there and listened as your representative told me that signing
th.a! .fbrm, was only !o lock in the current year's pricing and did not validate the contract. I was this
appened to me once before.
This issue is not about someone who does not want to pay for services which were ordered. It is not
about someone who does not have the money to pay for services ordered. This is about being billed
for something which I did not order. It is about being tricked and bullied by a larger company who
thinks they can get away with something that is illegal. [ sincerely think by now that it is also about
sales people who made a mistake and not only may lose their commission, but also may have to pay
for their mistake.
Please do not send me further correspondence. If you need to take further action, all I can tell you is to
do what you have to do. I know wha~ I have to do, and it is far from submitting your requested
payment. Additionally, I will be seeking recovery of funds for all of my time spent on this which is
presently at $262.50. Please remit payment to Turner Hydraulics, Inc.
Bill Turner - Ext 202
Turner Hydraulics, Inc
Beckey Shover - Controller
Ivo Otto - Martsen, Deardorff & Otto
Office of the Attorney General
Bureau of Consumer Protection
132 Kline Village
Harrisburg, PA
Attachments:
Thomas letter dated February 8, 2002
Turner letter dated January 7, 2002
Thomas letter dated January 22, 2002
Thomas letter dated December 8, 2001
Thomas "order work-sheet" for 2002 edition
REGIONAL INDUSTRIAL BUYING GUIDE
THOMAS REGIONAL DIRECTORY COMPANY, INC.
5 Penn Plaza, Seventh Floor, New York, NY 10001 · (212)629-2100
ATT'N: PRODUCTION DEPARTMENT FAX (212) 629-1129
This proof is a facsimile of your ad as it is to appear ~n the edition of tlqe THOMAS REGIONAL BUYING GUIDE(S) listed below, and does
not represent the quality of reproduction used for publication. Please make all corrections (if any), check the appropriate box, s,gn and
date where indicated, and RETURN PROOF WITHIN 10 DAYS. Thank you for advertising with Thomas Regional Buying Guides.
[] CORRECTIONS REQUIRED [] OK AS-IS SIGNATURE DATE
00664
70775883AA/O8/N/OOOOOOOOO4007/Y/O0664
Turner Hydraulics, Inc.
(O02)GREATER DELAWARE VAL/HYDRAULiC EQ RPRNG SRV(136940)/3/00/S, O'DONNELL/98//O00OO46372
Complete Machining
Capabilities
CYLINDERS · PUMPS ° VALVES · SYSTEMS
Industrial · Mining · Construction
Field Service Technicians And System Consultants
· Turning · Honing · Welding
· Milling · Lapping
LARGE STOCK OF.'
· Chrome Rod
· Cylinder Barrels
Pick Up & Delivery
Fast Turnaround
· Hose, Tubing & Fittings FPS Certified Mechanics
The Largest Complete Hydraufic
"I"URNEi
Service In Central PA/
Est.
~iiI~~ULI~ 1978
· Grinding
· Turnkey Lubrication &
Compressed Air Systems
· Machine Tool Diagnostics
Repair · Retro Fitting
800-216-0423
FAX 717-243-8865
TEOMAS REGIONAL DIRECTORY CO.~
Plaintiff.
VS.
TURNER HYDRAULIC8~ INC.
Defendant
INC.
IN THE COURT OF COMMON PLEAS OF
CL/4BERLAND COUNTY, PENNSYLVANIA
NO.03-4060 CIVIL 19
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:
Ronald Amato, Esquire , counsel for the plaintiff~R~Lt~ in
the above action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 3,879.08
The counterclaim of the defendant in the action is $0.00
The following attorneys are interested in the case(s) as counsel or are other-
wise disqualified to sit as arbitrators:
AND NOW,
foregoing petition,
Esq., and
WHEREFORE, your petitioner prays your Honorable Court to appoint thrae (3)
arbitrators to whom the case shall be submitted.
, 19 , in consideration of the
Esq,,
,Esq., are appointed arbitrators in the
above-captioned action (or actions) as prayed for.
By the Court,
Po J.
THOMAS REGIONAL DIRECTORY
CO., INC.,
Plaintiff
TURNER HYDRAULICS, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-4060 CWIL ACTION - LAW
JURY TR1AL DEMANDED
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of
Defendant in the above matter.
MARTSON DEARDORFF WILLIAMS & OTTO
I.D. 41722
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
Dated: March 9, 2004
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post
Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows:
Michael J. Kennedy, Esquire
AMATO & MARGLE, P.C.
107 North Commerce Way
Bethlehem, PA 18017
MARTSON DEARDORFF WILLIAMS & OTTo
D. E~l~e~ro-ad -
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March 9, 2004
OATH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
We do solemnly swear (or affirm) that we will support, obey and fend file Constitution ofth6
de' ' '" '~ "' ~ "'
United States and the Constitution of this Commc
our office with fidelity.
AWARD
.float we will discharge the duties Of..,
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make
the following award:
(Note: If damages for delay are awarded, they shall be separately stated)
· Arbitrator, dissents. (insert name
Date of Hearing: ~,~-2,~-, ~) InL
Date of Award: ,.~- ~-2---" C~ ~
NOTICE OF ENTRY OF AWARD
Now, the ~_~ay of ~~,~, 2~ at ~-:C~t_, ~.M., the above award
was entered ypon the docket and notice thereof given~mail to the p~es~or t)~f~attorneys.
~Ar??itrators compensation to be
t'am upon appeal: Prothonolary