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Home My WebLink About07-6827Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-5056 717.233.8676 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC 95 Eastgate Drive 95 Eastgate Drive Camp Hill, PA 17011 Camp Hill, PA 17011 Plaintiffs, V. PERFECT PEAR, LLC and JANET DONAHUE 900 Wilshire Drive 900 Wilshire Drive Troy, MI 48084 Troy, MI 48084 Defendants. IN TE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No, j)7- b 8oj f7 0, lV 1( 7errA CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOATRY OF SAID COURT: Please issue Writ of Summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to Attorney Thomas A. Archer ARCHER & ARCHER, P.C. 2515 North Front Street PO Box 5056 Harrisburg, PA 17110 (717) 233-8676 TO THE ABOVE-NAMED DEFENDANT :27??' - Signature of Attorney Supreme Court ID No. 73293 Date: November 8, 2007 WRIT OF SUMMONS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. .4 Aw othonotary Date: log 107 by D uty ( ) Check here if reverse is issued for additional information. ?a s ° o ,cz? -c? c N L Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 717-233-8676 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC Plaintiffs, V. JANET DONAHUE and PERFECT PEAR, LLC Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-6827 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD TO: JANET DONAHUE, Individually and on behalf of PERFECT PEAR, LLC 900 Wilshire Drive Troy, MI 48084 You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Dated: December 28, 2007 Thomas A. Archer, Esquire PA Attorney ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiff Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 717-233-8676 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC Plaintiffs, V. JANET DONAHUE and PERFECT PEAR, LLC Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-6827 CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT Plaintiffs, William Jupitz and Allegro Designs, LLC, by way of Complaint against Defendants, Janet Donahue and Perfect Pear, LLC, aver as follows: COUNTI 1. Plaintiff, William Jupitz, is an adult individual maintaining a place of business located at 95 Eastgate Drive, Camp Hill, PA 17011. 2. Plaintiff, Allegro Designs, LLC is a Pennsylvania Limited Liability Company with a principal place of business located at 95 Eastgate Drive, Camp Hill, PA 17011. 3. Plaintiff, William Jupitz is the sole member of Plaintiff, Allegro Designs, LLC. 4. At all relevant times, Plaintiff, Allegro Designs, LLC was in the business of manufacturing and wholesale distribution of children's formal wear and dresses and distributed it's product under a trade line known as The Ladybug Collection. 1 5. Defendant, Janet Donahue, is through information and belief, an adult individual with a principal place of business located at 900 Wilshire Drive, Troy, MI 48084. 6. Defendant, Perfect Pear, LLC, is through information and belief, a Michigan business corporation with a principal place of business located at 900 Wilshire Drive, Troy, MI 48084. 7. Through information and belief, Defendant, Janet Donahue, is the sole member of Defendant, Perfect Pear, LLC. 8. At all relevant times, Defendants were in the business of retail sale of children's formal wear and dresses. 9. At all relevant times, Defendants maintained a regular stream of business and contact with the Commonwealth of Pennsylvania, in particular within Cumberland County, as a result of Defendants regular and repeated business contacts with the Plaintiffs and others. 10. The retail formal wear industry in which the Plaintiffs and Defendants are engaged is sufficiently small and closed, such that most of the members of the community are familiar with Plaintiffs and Defendants and are aware that Plaintiff, William Jupitz, and his business, Plaintiff, Allegro Designs, LLC, are the manufactures and/or distributors of The Ladybug Collection. 11. Plaintiffs and Defendants had an ongoing business relationship whereby Plaintiff distributed dresses for sale through Defendants' shop. 12. Sometime during the summer of 2007, Plaintiffs and Defendants developed a commercial dispute. 2 13. At all relevant times, Defendants maintained a website for the purpose of marketing their business, located at www.theperfectpear.com ("website"). 14. Starting on or about September 17, 2007 through and including the present, Defendants began posting derogatory, inflammatory and defamatory comments on the Defendants' website regarding Plaintiff's Ladybug Collection. 15. At all relevant times and at the time of filing of Plaintiff s Complaint in this matter, the various inflammatory and defamatory statements made by the Defendants regarding the Plaintiffs appear prominently on the widely-used Google search engine whenever "The Ladybug Collection" is entered in the search field. 16. The statements and comments published by Defendants on the website lowered Plaintiffs' reputations in the estimation of the business community in which they are engaged, deterred third persons from associating with Plaintiffs and/or adversely affected the perception of Plaintiffs' fitness for proper conduct of its lawful business or profession. 17. The specific defamatory statements posted by Defendants included, but were not necessarily limited to, the following: a) On September 17, 2007 the following statements were posted Gosh, this was SUCH a horribly difficult decision to make .... We have temporarily suspected the Ladybug collection. Why? Because SO many orders have been coming in VERY late - and many have been coming in the wrong size/length. These problems seem to have increased lately - in fact, radically. We LOVE their dresses and have unabashedly talked about them in glowing terms since the beginning! We still absolutely love them. But your special occasion is VERY important - to us as well as to you. Unless we can be convinced that these problems are being fixed and won't continue, well, we just don't feel right offering them to you under these circumstances. Orders that have shipped to our customers were filled correctly - we check them and recheck them before they go out to be absolutely certain that everything is correct. We even check the zippers, all the beading (as we do with all our dresses) and measure them! Yep, we go to all that trouble - for you, our customers - because you put your trust in our company. We take that VERY seriously. We are hoping with all our hearts that the Ladybug Collection gets these bugs (pun intended) corrected so we can again offer these gorgeous styles to you. We DO have a handful of stunning numbers in our Clearance Dept that are ready to ship right away. We'll let you know if/when things are corrected. We hope with all our hearts that it is soon. b) On September 20, 2007 the following statements were posted: As you know, we carried the Ladybug Collection for about a year and talked about them in glowing terms. Their dresses ARE gorgeous, there's no doubt about it. But orders were frequently late. In fact - they are often very late. Far more often our other manufactures and far more often than we consider acceptable. During the Spring busy season we assumed that this was because they're a fairly new company and the problems would be worked out. But we were wrong. The problems increased through the late summer. In addition to that, dresses frequently arrived the wrong size/length. Nothing left here wrong, we can assure you, because we went over ever order with a fine toothed comb AND a measuring tape. Literally! We measured every dress that arrived here. As of the first week of September, 3 out of 4 dresses that arrived here had to be sent back to be changed to meet our customers' specifications - specifications that we clearly TYPED out to be sure that they were received correctly. This is not acceptable. Your trust is a sacred trust as far as we're concerned. Your special event is very special to us as well. Receiving dresses late - not just a few days mind you, but weeks, even a month - is something we cannot abide. It is for this reason that we made the very difficult decision to no longer carry the Ladybug Collection lines of dresses. Why difficult? Because as we said, their dresses are positively gorgeous. But what value is gorgeous if you don't have what you ordered and when you need it? Difficult also because we have probably been their loudest, strongest supporters. We cannot help but notice the wording on their website as of today, 9/22/07: [unreadable screen shot from Plaintiff's website] That's an actual screen capture 9-22-07; it has been there for some time. Notice what they're saying? Eerie, isn't it, that these are the exact problems we have been experiencing from them? And when we tried to follow up on orders, well, let's just say that rather than answering our questions truthfully, we received very ugly attacks. In all, we have found that we cannot entrust your special occasion to this company. We cannot entrust OUR company's name to this company. It's so sad. Why would such a talented designer do 4 this? We don't understand, that's for sure. We will only offer you dresses from companies we can trust to fill your order correctly and on time. C) On September 22, 2007 the following statements were posted: We are VERY sorry to have to say that we have had to drop this line. Far too many have been arriving very late - and many, many have been arriving filled incorrectly (we catch those problems here before they ship). The problem seems to be escalating instead of getting better. We feel that your special occasion is just too important to risk it so we have suspended the line until we receive assurances that this situation has been corrected and that orders will arrive on time and correct size to fulfill your orders. Unfortunately, it does not appear that this is going to happen since our many attempts to address the problems have resulted in insults and attacks. Their dresses are absolutely gorgeous but we cannot take an order for them in good faith expecting them to arrive on time or made correctly to your specifications. So, we are no longer offering this line. d) On September 25, 2007 the following statements were posted: Well, the final verdict is in - there's NO WAY we can continue to offer the Ladybug Collection of dresses. Simply - it is SO sad. Their dresses are so beautiful. But what good is beautiful if it isn't here in time and/or it's made wrong? We tried to work it out. We bugged them repeatedly about getting your dresses here in time - and made to your specifications. Ever so politely at first but eventually we had to get firm about it. Instead of working with us, well, the responses we got were something we simply won't share with you here. Rude? That's putting it far too politely. Threatening? Yes. In fact, they have been outright attacking us. Why? Attacking us because they aren't fulfilling their commitments? Doesn't make any sense whatsoever. They didn't address the problems. If fact, the problems were getting WORSE, not better. This isn't even the busy spring season! So if it's this bad now, there's nowhere to go but down from here. We're so sorry it ended this way. They left us hanging with a stack of unfulfilled confirmed contracts, which means customers who won't be getting their dresses at all. Breach of contract? Our attorneys certainly say so. In our opinion, it's far too risky to do business with the Ladybug Collection. And after all the stories they've told us this past year about having people arrested and about how much $ they ended up costing them in legal fees - even bragging at least twice (maybe three times) about a pregnant woman they had in jail over the Christmas/New Year holiday season over a check somewhere around $300 .... Well, we don't 5 see how anybody could agree to do business with the company. Gorgeous dresses just aren't enough incentive to have to deal with a total lack of ethics or trust. It is SO very sad. Oh, they have threatened us about telling you the truth too. But our attorneys assure us that this is America where we are FREE to tell the truth openly. 18. In addition to the comments posted regarding the Plaintiffs on Defendants' website, Defendant, Janet Donahue, has made inflammatory, malicious, untrue and slanderous statements regarding Plaintiffs William Jupitz and Allegro Designs, LLC to customers of the Defendants and others in the retail formal wear industry, including slanderous statements made regarding Plaintiffs to other actual and potential customers of the Plaintiffs. 19. Defendants made the statements referred to in the aforementioned paragraphs with malice and without any reason to believe that the information conveyed had any basis in truth. 20. Defendants statements described above were defamatory per se, were completely false and were uttered by Defendants for the sole purpose of depriving Plaintiffs of their good name and reputation. 21. As a direct and proximate result of the false and defamatory utterances by Defendants, Plaintiffs have been greatly hurt and injured in their good names and reputations. 22. The revenues, profits and reputation of Plaintiffs have suffered as a direct and proximate result of the statements of the Defendants. WHEREFORE, Plaintiffs, William Jupitz and Allegro Designs, LLC, demands judgment in their favor against Defendants, Janet Donahue and Perfect Pear, LLC, jointly and/or individually for punitive damages, together with attorney's fees, costs of suit and other relief to which they may be entitled as a matter of law. 6 COUNT II 23. Plaintiff herein incorporates paragraphs 1 - 22 of the Complaint as set forth at length herein. 24. The actions of the Defendants aforesaid constitute tortious interference with Plaintiffs' contractual relationships with Plaintiffs' customers. 25. The actions of the Defendants aforesaid were done with malice and without any rational commercial basis. 26. The actions of the Defendants are without privilege or justification and were taken with the direct knowledge that such action would result in injury and damage to the Plaintiffs. 27. Defendants, despite receipt and notice by Plaintiff to terminate these actions, have failed and refused to terminate making defamatory statements regarding the Plaintiffs and have failed to terminate tortious interference with Plaintiffs' contractual relations with it's customers. 28. As a direct and proximate result of the actions of the Defendants aforesaid, Plaintiffs have been greatly hurt and injured, including losses to Plaintiffs' revenues, profits and reputation. WHEREFORE, Plaintiffs, William Jupitz and Allegro Designs, LLC, demands judgment in their favor against Defendants, Janet Donahue and Perfect Pear, LLC, jointly and/or individually for punitive damages, together with attorney's fees, costs of suit and other relief to which they may be entitled as a matter of law. 7 COUNT III 29. Plaintiff herein incorporates paragraphs 1 - 28 of the Complaint as set forth at length herein. 30. The conduct of the Defendants, as more fully set forth above, was outrageous, intentional, malicious, willful and in blatant disregard for the rights of Plaintiffs. 31. As a result of said conduct, the Defendants are liable to Plaintiffs for punitive damages. WHEREFORE, Plaintiffs, William Jupitz and Allegro Designs, LLC, demands judgment in their favor against Defendants, Janet Donahue and Perfect Pear, LLC, jointly and/or individually for punitive damages, together with attorney's fees, costs of suit and other relief to which they may be entitled as a matter of law. Dated: December 28, 2007 Respectfully Submitted, Archer & Archer, P.C. By: Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiffs 8 12/19/2007 11:11 7177612343 THE LADYBUG COLLECTO PAGE 02/04 '12-19-2W 17:17 ARCHER AW ARCHER PC 7172338675 PABe9 VURDICAnON I, W Uiam hpi% hereby verify that the statements made in the fomping Complaint are tw and corred to the boat ofmy knowledge, infmma+ion and belitr t tmdCrsland 90 NO atsbemtmta ha4itt we made s*oct to the pmalties of I8 Pa. CS. §4904, relating to umwom felsifitmfwm to MW OlidcL Dote: peC e IMl9f ( 1611 2 OTT illiatn .lupitz, Individually T)eRigns, I.I.G?/ 12-19-2007 23:06 ARCHER AND ARCHER PC 7172338675 PAGE2 CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing Complaint upon the person(s) stated below, via Certified Mail, Return Receipt Requested and U.S. First Class Mail, addressed as follows: Janet Donahue 900 Wilshire Drive Troy, MI 48084 Perfect Pear, LLC Attn: Janet Donahue 900 Wilshire Drive Troy, MI 48084 Date: December 28, 2007 Thomas A. Archer, Esquire Attorney I.D. # 73293 Attorney for Plaintiff r--3 -,IFTi jr Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 717-233-8676 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC Plaintiffs, V. JANET DONAHUE and PERFECT PEAR, LLC Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-6827 CIVIL ACTION-LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE TO THE PROTHONOTARY: The following Defendants were served by certified mail with the Writ of Summons, pursuant to Pa.R.C.P. 604: Perfect Pear, LLC, Janet Donahue Attn: Janet Donahue, and 900 Wilshire Drive 900 Wilshire Drive Troy, MI 48084 Troy, MI 48084 Copies of the green cards are attached hereto as Exhibit "A." Dated: December 28, 2007 Respectfully Submitted: By: Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiff Exhibit "A" ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. III Print your name and address on fhe reverse so that we can return the card to you. ¦ Attach this card to the back of the maiiplece, or on the front If space permits. 1. AMCie Addressed to: Jonet 0ow CinO W11511rC-t or, y-.,* Tray, Y 1-4?ogq -19 _/ s / O Agent byr ftX IC•i6;?of D. Is deliwry address. dierent fi om Item 1? Yp H YES, enter ddvwy address IoM,. ? No U C1 AYC• Mlad Md O Pren Map E3 PADM red 0 RMUrn Receipt fbr MardWdlee lrmaed Map U C.O.D. 4 Re*WId WlWri X%f?a Full O yes 2 Article Number __ (nanlNumb r 7006 0810 _0006 7590 6494 PS Form 3811. February 2004 Domestic Retum Receipt 102505_o24A-1540 ¦ Complete items 1, 2, old S. Also Complete Item 4 If Restricted Delivery is diOW. x Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the tNk of the maiipiece, or on the front if apace permits. 1. Article Addreeled tM P'e r?ttt Pear, LL L Mvi'• .Joiviet Pbviaou-t q'o0 Vv a.!5", y e On yt -rcoyf M I J"M 0 Agent by (printed Name) { C. Vat} of D. s deliveryaddress ciftent Uom item 19 0 Yes If YES, enter delivery address below: 0 No 4 3. Service type eC W,;w Mau 0 Expow Medl 13 Rapletarad 13 Return Receipt for Machmulise 17 Insured Map [] C.O.D. 4. Restricted D~ pUta AW 0 idea 2• Article Number 7006 0810 0006 7590 6487 (iManslbr rbnr service AW PS For, 3811, February 2004 Domestic Retum Receipt 102595-424A-15+0 , t A a ? I r- r? LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville, PA 17901 (570) 622-1426 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC VS. JANET DONAHUE and PERFECT PEAR, LLC Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION JURY TRIAL DEMANDED No. 07-6827 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance for the Defendants, Janet Donahue and Perfect Pear, LLC in the above matter. LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock Attorney for Defendants r,?.?s ?...? --t ?^"f L'.? F ? ? S? ??+ k6l TO: ALL PARTIES You are hereby notified To plead to the enclosed Within twenty (20) days From service hereof or A Default Judgment may Be entered against you. Teffrer A. Vottork Attorney for Defendant LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville, PA 17901 (570) 622-1426 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC VS. JANET DONAHUE and PERFECT PEAR, LLC Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION JURY TRIAL DEMANDED No. 07-6827 DEFENDANTS' ANSWER TO COMPLAINT TOGETHER WITH NEW MATTER COUNT I 1-4. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraphs constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. 5. Denied. Defendant, Janet Donahue resides at 33079 Garfield Road, #127, Fraser, Michigan, 48026. 6. Denied. Defendant, The Perfect Pear, LLC, is a Michigan business corporation with a principal place of business located at 33079 Garfield Road, #127, Fraser, Michigan, 48026. 7-8. Admitted. 9-22. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraphs constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering defendants hereby request judgment be entered in their favor and against plaintiffs together with interest, counsel fees and costs. COUNT II 23. Answering defendants hereby incorporate paragraphs 1 through 22 above as though same were fully set forth herein at length. 24-28. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraphs constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering defendants hereby request judgment be entered in their favor and against plaintiffs together with interest, counsel fees and costs. r COUNT III 29. Answering defendants hereby incorporate paragraphs 1 through 28 above as though same were fully set forth herein at length. 30-31. Denied. After reasonable investigation, answering defendants lack information sufficient to form a belief as to the truth or falsity of the averments contained in the corresponding paragraphs and the same are therefore denied. Strict proof is demanded at the time of trial. The allegations contained in the corresponding paragraphs constitute conclusions of law for which no responsive pleading is required, and they are therefore denied. WHEREFORE, answering defendants hereby request judgment be entered in their favor and against plaintiffs together with interest, counsel fees and costs. NEW MATTER DIRECTED TO PLAINTIFF 32. Plaintiffs' Complaint fails to state a claim upon which relief may be granted. 33. Plaintiff has failed to mitigate their damages. 34. If plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were caused by other entities or parties over which answering defendants had no control. 35. Plaintiffs' claims are barred, in whole and/or in part, by the appropriate Statute of Limitations. 36. This Court lacks jurisdiction over the subject matter of the within action. 37. If plaintiffs sustained the injuries and damages as alleged in their Complaint, then same were not proximately caused by any action or failure to act on behalf of answering defendants. WHEREFORE, answering defendants hereby requests judgment be entered in their favor and against plaintiffs together with interest, counsel fees and costs. LAW OFFICES OF HAROLD E. VILETTO BY: Jeffrey M. Pollock Attorney for Answering Defendants ? I r?A I U? VERIFICATION Jeffrey M. Pollock, Esquire, hereby deposes and says that he is the attorney for answering defendants in the within matter; that he is authorized to sign this on behalf of said party; that he has read the foregoing ANSWER WITH NEW MATTER and finds that the facts set forth therein are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Jeffrey M. Pollock O Y DATE: ?? 1 .r r"ti 1 -. 4.? ..?-?a `; ;, ? ?i t..'' l '.1 Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 717-233-8676 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC Plaintiffs, V. JANET DONAHUE and PERFECT PEAR, LLC Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO.: 07-6827 CIVIL ACTION-LAW JURY TRIAL DEMANDED PLAINTIFFS' OBJECTION TO DEFAMATION INTERROGATORIES OF DEFENDANTS Plaintiffs, William Jupitz and Allegro Designs, LLC, hereby object to each and every one of Defendants' Defamation Interrogatories directed to Plaintiffs on the basis that the Interrogatories exceed the maximum number of interrogatories permitted pursuant to the Cumberland County Local Rules of Court. Dated: March 20, 2008 Respectfully Submitted, Archer & Archer, P.C. By: Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiffs 41 CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Jeffery M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 Attorney for Defendants " ............ .. ... 'z Date: March 20, 2008 Thomas A. Archer, Esquire Attorney I.D. # 73293 Attorney for Plaintiffs rO r ,^ IF Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 717-233-8676 WILLIAM JUPITZ and IN THE COURT OF COMMON PLEAS ALLEGRO DESIGNS, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, DOCKET NO.: 07-6827 V. CIVIL ACTION-LAW JANET DONAHUE and PERFECT PEAR, LLC JURY TRIAL DEMANDED Defendants. PLAINTIFF'S REPLY TO NEW MATTER Plaintiffs, William Jupitz and Allegro Designs, LLC, hereby reply to Defendants' New Matter as follows: 32.-37. Denied. The allegations contained in Defendants' New Matter constitute conclusions of law to which no response is required and are accordingly denied. Respectfully Submitted, Dated: March 20, 2008 Archer & Archer, P.C. By: / homas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiffs CERTIFICATE OF SERVICE I, Thomas A. Archer, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Jeffery M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 Attorney for Defendants Date: March 20, 2008 Thomas A. Archer, Esquire Attorney I.D. # 73293 Attorney for Plaintiffs dV' 1N) _„?R t _ J LAW OFFICES BY: Jeffrey M. Pollock, Esquire I.D.# 58362 1599 Oak Road Pottsville, PA 17901 (570) 622-1426 WILLIAM JUPITZ and ALLEGRO DESIGNS, LLC VS. JANET DONAHUE and PERFECT PEAR, LLC Attorney for Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION JURY TRIAL DEMANDED No. 07-6827 PRAECIPE TO AFFIX VERIFICATION TO THE PROTHONOTARY: Kindly affix the attached verification to the Answer and New Matter to the Complaint which was filed with the Court. BY: 147- - Jeffrey M. Pollock Attorney for Defendants W 0 VERIFICATION Janet Donahue and Perfect Pear, LLC, hereby deposes and says that we are defendants herein and verifies that the facts set forth in the foregoing Answer to Complaint are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of PA. C.S. Section 4904 relating to unsworn falsification to authorities. J 4A Janet Donahue Dated: J M P: \J u p itz\0222 081 n s Ve r P " - t?- Er Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 717-233-8676 WILLIAM JUPITZ and IN THE COURT OF COMMON PLEAS ALLEGRO DESIGNS, LLC CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, DOCKET NO.: 07-6827 V. CIVIL ACTION-LAW JANET DONAHUE and PERFECT PEAR, LLC JURY TRIAL DEMANDED Defendants. PRAECIPE TO SETTLE, DISCONTINUE AND END TO: PROTHONOTARY Please mark the above case as settled, discontinued and ended with prejudice. DATED: June 17, 2009 By: Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Jeffery M. Pollock, Esquire Law Offices of Harold E. Viletto 1599 Oak Road Pottsville, PA 17901 Attorney for Defendants PAA191LR Date: June 17, 2009 Jessica R. Porter, Paralegal 2DD9 J, i 'r it 12: ?¢. 517..9,, t ?±