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Home My WebLink About03-6125PAUL T. FREUND, CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO.O3 - ~,1-~' Civil Term KEN GUISE and LET'S TALK PACKAGING, Defendants 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 sewed 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 PAULT. FREUND, CORP., IN THECOURT OFCOMMONPLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : DOCKET NO. O3 - ~1-3,~' Civil Term KEN GUISE and LET'S TALK PACKAGING, Defendants COMPLAINT AND NOW comes the Plaintiff, by and through its attorneys, the Offices of Fenstermacher and Associates, P.C., and files this Complaint, as follows: 1. Paul T. Freund is a New York corporation with an address for conducting business at 216 Park Drive, Palmyra, New York. 2. Defendant Ken Guise is an adult individual with an address of 310 Indian Creek Drive, Mechanicsburg, Pennsylvania. 3. Defendant Let's Talk Packaging is, upon information and belief, a Pennsylvania corporation with an address for conducting business at 310 Indian Creek Drive, Mechanicsburg, Pennsylvania. 4. Defendants Ken Guise and Let's Talk Packaging entered into a series of oral agreements with Plaintiffs for the purchase of products. True and correct copies of the invoices from these agreements are incorporated herein and attached as Exhibit 5. Invoice number 21775 is dated 7/8/2002 and is in the amount of $1,491.97. The balance currently owing on this invoice is $235.87. 6. Invoice number 21831 is dated 7/12/2002 and is in the amount of $10,100.60. The balance currently owing on this invoice is $5,756.60 7. Invoice number 21979 is dated 7/26/2002 and is in the amount of $724.37. The balance currently owing on this invoice is $724.37. 8. Invoice number 21987 is dated 7/26/2002 and is in the amount of $1,062.20. The balance currently owing on this invoice is $1,062.20. 9. Invoice number 22179 is dated 8/13~2002 and is in the amount of $320.47. The balance currently owing on this invoice is $320.47. 10. Invoice number 22221 is dated 8/15/2002 and is in the amount of $32.12. The balance currently owing on this invoice is :$32.12. 11. The total outstanding balance on the invoices totals $8,131.63. 12, Plaintiff shipped the items requested by Defendants. 13. Defendants accepted the items Plaintiff shipped without objection. 14. Defendants have failed to submit payment in full for the items purchased. 15. Plaintiff has contacted Defendants numerous times seeking payment of the outstanding invoices. 2 16. Counsel for Plaintiff mailed a demand letter to Defendants on October 13, 2003. A true and correct copy of this demand letter is incorporated herein and attached as Exhibit Interest on the unpaid balances is compounded monthly beginning 17. 10/1/2002. 18. 19. Said interest totals $1,211.46 as of November 1, 2002. The amount that remains unpaid for the invoices and interest totals $9,343,09 as of October 1, 2003. 20. 21. performed. 22. contract. 23. COUNTI BREACH OF CONTRACT Paragraphslthmughl9areinco~omted ~llyhereinbyreference. Plaint~has~lled allthepmvisions ~eagreementonitspa~be Defendants have failed to pay the outstanding invoices as required by the Defendants have failed and refused to cure the aforesaid breach, despite Plaintiff's repeated demand. 24. Due to Defendants' breach, Plaintiff has been damaged in the amount of $9,343.09, exclusive of costs and interest. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter Judgment for Plaintiff and against Defendants for an amount within the arbitration limits, together with costs, interest and any other relief the Court deems fair and proper. Respectfully submitted, DATED: FENSTERMACHER AND AS$OCIATES, P.C. BY~enstermacher ~upreme Court I.D. #29940 '~.~ustin D. Barber Supreme Court I.D. # T,B.D. 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff 4 EXHIBIT 'A' Sep,2~, 20D3 4:3~MM PAUL I FREUND CO~ Paul T-Freund Co.rp. Higl~esr .~altty .~.c~a~n.g Since I891 · . Bo~ 130,2'16 Park Drive, P~lmyra., N~w York, 14522 Bill To: Ship To: l.voic, 21775 Invoice Date 7/8/2002 1-315-59%4873 1-3!5-s97-418s P~ge: 1 LETS TALK PKG 310 }2ffDIAN CI~EK DR ATT: K~N GUISE IVLECHANICSBURG PA 17050 ADVANCED DISTRIBUTIONS' sYSTEMS 275 OA~ TP--EE l~D. P_A.LISAD]~S NY 10964 po Numbar: 383 Terms:Net 30 F.O.B,: Packing Slip: 10340 Stat~ Tax ID: Ship Date; W8/2002 Sales Rep: Da~ Or~ied: 3/27/2002 $~ V~ D~ PLYE ~ FOR DELlVERY ~PT 845-365-0206 $5 600. OO pre-pald ~2 q/02 ck~1689 1 960.00EA LET10001 1.10000EA LETS TALK 8XSX2-112 i~OX Qty. Ordered: 10,000.00 Bacl(orderQty: 9,040.00 PAYMENT TE. Pdff$1/3 DOVI~, 1/3 WITH SNIPMENT, 1/,5 30 DAYS AFTER RECEIPT OF ORD£R Miscellaneous Charges Description ' TOOLING FREIGH~r * 2 SKIDS/iNV. ~2t775 Less De~os~: Total:[ 1,056,00 200,00 235,87 1.256.00 ~.s~ I SeP,%6. 2UU3' 4:26PM PAUL I FNLUND CO~P No.~i~b ~, [U/LU Paul T Freund C "~ Phon~: F~: . ~x ~, ~ P~ D~ve, Palmyra, New Yor~ 14~2 uiu 1o: ~p lnvoic 21831 Invoice Date 7/12/2002 1-315-597-4873 1-315.597-4188 LETS TALK PKG 310 INDIAN CREEK DR ATT: KEN GLqSE MECHANICSBURG PA 17050 ADVANCED DISTRIBUTIONS SYSTEMS 275 OAK TREE RD, PALISADES NY 10964 Page: PO Number: 383 PacMng Slip: 10393 Sal~ Rep: CALL FOR DEL1VF~YAPF~. 845-365-0206 $J600.00 pre-paid 6/24/,02 cJ~2689, 9,09G.00~ L~10001 LETS TALK 8~X2-1R BOX Q~. Ordered: 10,000.00 Ba~korder Q~: 0.00 Terms:Net 30 State Tax ID: Date Ordered: 3/2712002 F,O.B,: Ship Date: 7/12/2002 Ship Via:CH ROBINSON 1.10000EA 10,005.6 PAYM, F2VT TERMS.U3 DOWN, 1/$ WITH SHIPMENT, 1/3 30 DAYS AFTER RECEIPT OF ORDER. Miscellaneo~ Charges ~escrip~0n PALLETS 95.00 4:g5PM PAUL ] PRLUND CO~P PaulT Freund Co . H~gbe. st ~al;ly packaging Since 1891 · , I~ox 1311,116 Park Drive, Palmyra, New York, 14~.2 Bill To: Slfip To: No,Dl~b lnvnic, 21979 Invoice Date 7/26/2002 1-315-5974873 1-315-597-4188 Page: I 'LETS TALK PKG 3101NDIAN CREEK DR ATT: KEN GUISE NIECt~iANICSBURG PA 17050 LETS TALK PKG 310 INDIKN Ci~EK DR ATT: KEN GUISE MBCHANICSBURG PA 17050 PO Number: 383 Terrm:Net 30 F,O.B.: Packing gl/p: State Tax ID: Ship Date: 7/12/2002 Sales Rep: Da~e Ordered! Ship Via:CH ROBINSON I O.OOEA O.OOOOO O.OO Qty, Ordered: 0,00 Backorder Qtv: 0.00 .FREIGHT CH. gRGE FOR PRODUCT INYOICE #2]831 MiscelIaneou~ ChargeS DescriDtioa FREIGHT FOR 19 SKIDS 724.37 Total: I '~24.37 ] Sep.ZU. 2~U3 4:3/PM PAUL [ b~LUND CU~p Mo. Ol~b F, fb/Z~ Phone: PaulT Freund Co.rp. P.x: lttghe~ Qua~l~y f~ac. kagtng 81n~ 1~1 . . Box 1~, 216 P~ Drive, P~mym, New Yo~ 14~Z Bill To: Ship To; luvoict 21987 Invoice Date 7/26/2002 1-315-597-4873 1-315-597-4188 LETS TALK PKG 310 INDIAN CKEEK ATT: KEN GUISE MECHANICSBURG PA 17050 PACIFICA 3139 N.W. ]NDUSTKIAL WAY P O KTLA-N-D OK 97210 Page: 1 PO Number: 447 Packing Slip: S~les Kep: 10532 Temps:Net 30 State Tax ID: Date &cdc. led: 6/5/2002 ship Date: 7/26/2002 Ship Via:CON-WAY CEN'IRA.L J 504.00 EA LET10002 1,80000 EA 907.20 LET'S TALK PKG pACIFIOA BOX Qty, Ordered: 500.00. Backorder QtV: 0.00 ~iscellaneoua Charge~ Description TOOLING 150.o0 PALLETS 5.O0 Total: I 1.06220 2UU3 4:3B?M · ~'AUL HNEUND CONP Phone: PaulT Freund Co.rp. tfigb~'t Q~alfr~ paoag'tng Since 1891 · Box 1~ ZI$ Park Drive Palmyra gewYor~ 14~2 Bill To: LETS TALK pKO 310 INDIAN CP. EEK DR ATT: KEN GUISE MECHAN'iCSBUP. G PA 17050 No.bF~b lnvnici 22179 Invoice Date 8/13/2002 1-31S-597-41'88 Ship To: LETS TA3DK 310 INDL4.N CKEEK DR ATT: KEN GUiSE MECI-IANZCSBUKG PA 17050 F. I //Z~ Page: 1 PO Number: 447 Terms:Net 30 F,O.B.: packing Slip; Stale Tax ID: Ship Date: 7/2672002 Sales Rt~p: Da~ Orderexl: Ship Via:CON-WAY CENTRAL 1 O.00E~, 0.00000, 0,00 Qty. Ordered: 0.00 Backorder QtV: 0,00 IV'al~cellalteo tls Chnrge~ D~..criptio~ FREIGHT FOR INV# 21987-1 SKID 320.47 Total: I 320.47 ~eP.Z~. ZUU3 4:38PM PAUL ] FN~UNU COkP No.bl~5 lnvolc~ 22221 Invoice Date 8/15/2002 1-315~597-4873 1-315-597-4188 LETS TALK PKG 310 IIffD.L~N CKEEK DK ATT: ICEN GUISE MECHANICSBUKG PA 17050 QIVINO IN STYLE 52 STONEGATE DRIVE ROSELAND NJ 07068 Pago: 1 PO N~,mh~r: Terms:Net 30 F.O,B,: Pacld~g Slip: State Tax ID: Ship Date: 8/15/2002. Sale~ R,p: Date Ordered; Ship Via;UPS NEXT DAY Qty. Ordered: 0.00 Backorder Qt¥: 0.00 l~IlseelJaaeous Ch~rge~ Descrip,li,on UPS OVERNIGHT ON 8/15102 32.12 EXHIBIT 'B' FENSTERMACHER AND ASSOCIATES, P.C. ATTORNL~'S AND COUNSELORS AT LAW JOHN R. FENSTERMACHER DIRECT DIAL 717) 691-$420 October 13, 2003 Let's Talk Packaging Ken Guise 310 Indian Creek Drive Mechanicsburg, PA 17050 C Dear Mr. Guise: RE: Paul T. Freund Corp. AMOUNT DUE: $9,250.58 This office represents Paul T. Freund Corporation in the matter of outstanding obligations owed by yourself and Let's Talk Packaging. As you are aware, my client is owed $9,250.58 arising from transactions occurring over one year ago that remain unpaid to this date. P As of the date of this letter, my client has not yet received the full amount due despite numerous demands. This letter shall serve as legal demand that the above amount be paid immediately. Your check should be sent to the address indicated on this letterhead. If you do not pay the above amount within five (5) days from the date of this letter, I will institute legal action against you on behalf of my client for the full amount due and owing, plus interest, costs of suit, attorney's fees as provided by your contract, and initiate execution proceedings upon any judgment rendered against you. Please be guided accordingly. Very truly yours, FENSTERMACHER AND ASSOCIATES, P.C. jdb CC; Paul T. Freund Corporation By: John R. Fenstermacher PLEASE RESPOND TO: THE JONAS RUPP HOUSE MECIdANIC~BURG OI~FICE: (717) 691-5°,00 FAX (717) 691-5441 ~.fensterraacher. cc john(~ fensterrnacherandassociates.com VERIFICATION I, Paul T. Freund Corporation, hereby certify and verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are subject to the penalties of 18 Pa. C. S. r34904 relating to unsworn falsification to authorities. Wendy~ Brien .... ' SHERIFF'S RETURN - CASE NO: 2003-06125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAUL T FREUND CORP VS GUISE KEN ET AL REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, the within COMPLAINT & NOTICE was served upon the 1st day of December , by handing to true and attested copy of COMPLAINT & NOTICE together with says, GUISE KEN DEFENDANT , at 2007:00 HOURS, on the at 310 INDIAN CREEK DRIVE MECHANICSBURG, PA 17055 LENORE ULRICH FRIEND a 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 6.90 ~2![~ Affidavit .00 " Surcharge 10.00 R. Thomas Kline .00 34.90 Sworn and Subscribed to before me this /~ ~ day of ~j~_ A 0~3 A.D. Prothonotar~ 12/02/2003 FENSTERMACHER & ASSOC Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-06125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PAUL T FREUND CORP VS GUISE KEN ET AL ROBERT BITNER , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 1st day of December by handing to ADULT IN CHARGE together with says, the within COMPLAINT & NOTICE LETS TALK PACKAGING DEFENDANT at 2007:00 HOURS, on the at 310 INDIAN CREEK DRIVE MECHANICSBURG, PA 17055 LENORE ULRICH, FRIEND, a true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this /~-~ day of Prothonotary 12/02/2003 FENSTERMACHER & ASSOC By: ~x~ Michael S. Travis Attorney at Law 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL T. FREUND, CORP., Plaintiff Docket NO. 03-6125 Civil Term KEN GUISE and LET'S TALK PACKAGING, Defendants. ANSWER OF DEFENDANT KEN' GUISE NOW COMES the Defendant Ken Guise by and through his attorney, Michael S. Travis, and answers the Complaint as follows: 1 - 3. Admitted on information and belie£ 4. Denied. It is specifically denied that Defendant Ken Guise entered into any oral agreement for the purchase of products from Plaintiff. At all times, Ken Guise was acting as a sales agent for the company. Defendant Ken Guise answers in his individual capacity and cannot answer for Let's Talk Packaging, Inc. Denied that the invoices attached as Exhibit A to the Complaint indicate any agreement on the part of Ken Guise for the purchase of products from Ptaintift~ 5. Denied. Inasmuch as Plaintiff claims the ~nvmce imputes an agreement by Ken Guise to purchase from Plaintiff, the implication is denied. The invoice speaks for itself. 6. Denied. Inasmuch as Plaintiff claims the invoice imputes an agreement by Ken Guise to purchase from Plaintiff; the implication is denied. The invoice speaks for itself. 7. Denied. Inasmuch as Plaintiff claims the invoice imputes an agreement by Ken Guise to purchase from Plaintiff, the implication is denied. The invoice speaks for itself. 8. Denied. Inasmuch as Plaintiff claims the ~nvolce imputes an agreement by Ken Guise to purchase from Plaintiff, the implication is denied. The invoice speaks for itself. Denied. Inasmuch as Plaintiff claims the ~nvo~ce imputes an agreement by Ken Guise to purchase from Plaintiff, the implication is denied. The invmce speaks for itself. 10. Denied. Inasmuch as Plaintiff claims the invoice imputes an agreement by Ken Guise to purchase from Plaintiff, the implication is denied. The invoice speaks for itself. 11. Denied. It is denied that a total of the invoices implies an obligation on behalf of Answering Defendant Ken Guise. 12. Admitted in part; denied in part. Admitted that Plaintiff shipped the items identified. Denied the implication that placing an order by Ken Guise as an agent of Let's Talk Packaging, Inc., imputes personal liability to the individual. 13. Denied that Answering Defendant Ken Guise accepted the items shipped without objection. Answering Defendant could not personally accept goods due to his capacity as an agent. Many orders were sent directly to third-party purchasers. 14. Admitted in part; denied in part. Admitted that Answering Defendant has failed to submit payment. The obligation is to another Defendant. Denied that all Defendants have not submitted full payment. Answering Defendant Ken Guise is without information to admit that has been made in full by Let's Talk Packaging, Inc., and the same is denied. 15. Admitted in part; denied in part. Admitted that Plaintiff has contacted Ken Guise regaFdin~ payment. Denied the implication that there is a personal obligation on his part to pay any invoice. 16. Admitted. 17. Denied. It is denied that interest due on an unpaid balance implies an obligation on behalf of Answering Defendant Ken Guise. 18. Denied. It is denied that interest totals $1,211.46, or the implication that Defendant agreed to pay interest. 19. Denied. It is denied that a total of the claim for interest and remaining invoices implies an obligation on behalf of Answering Defendant Ken Guise. COUNT I BREACH OF CONTRACT 20. Defendant Ken Guise incorporates his answers made in paragraphs 1 - 19 by reference as though set forth at length. 21. Denied that Plaintiff fulfilled the part of an agreement with Ken Guise. No agreement existed between Plaintiff and Answering Defendanl. 22. Admitted in part; denied in part. Admitted that Defendant Ken Guise did not pay outstanding invoices. Denied that Ken Guise ~vas required to do so by contract. The obligations were not of a personal nature to Ken Guise. 23. Denied that Ken Guise has failed to cure any breach of contract. Answering Defendant is under no obligation for a contract and, therefore, cannot be in breach. 24. Denied that Ken Guise has caused damage to Plaintiff in the amount of $9,343.09. Answering Defendant is under no obligation to pay damages, costs or interest as an agent of Let's Talk Packaging, Inc. WHEREFORE, Ken Guise, Answering Defendant, prays, this Honorable Court to emer a udgment against the Plaintift: ID No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Attorney for Defendant Ken Guise Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,ULT. FREUND, CORP., ) ) Plaintiff ) ) Docket NO. 03-6125 Civil Term v. ) ) KEN GUISE and LET'S TALK ) PACKAGING, ) Defendants. ) VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsw°rn falsificati°n t° auth°rities' ~.~¢,~ Dated: /,~,//5 o/o_~ _ Ken Guise -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL T. FREUND, CORP., Plaintiff Docket NO. 03-6125 Civil Term KEN GUISE and LET'S TALK PACKAGING, Defendants. CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served a true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person(s), addressed as follows: Date: John R. Fenstermacher, Esquire 5115 East Trindle Road Mechanicsburg, PA 17050 ID No. 77399 4076 Market Street, Suite 209 Cmnp Hill, PA 17011 (717) 731-9502 Attorney for Defendant Ken Guise IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL T. FREUND, CORP., Plaintiff KEN GUISE and LET'S TALK PACKAGING, Defendants. ) ) ) ) Docket NO. 03-6125 Civil Term ) ) ) ) ) NOTICE OF SERVICE OF INTERROGATORIES DIRECTED TO PLAINTIFF TO THE PROTHONOTARY: Please take notice that Defendant has served interrogatories upon John R. Fenstermacher, Esquire, attorney for Paul T. Freund, Corp. Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717) 731-9502 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL T. FREUND, CORP., Plaintiff KEN GUISE and LET'S TALK PACKAGING, Defendants. ) ) ) ) Docket NO. 03-6125 Civil Term ) ) ) ) ) CERTIFICATE OF SERVICE I, Michael S. Travis, certify that I have this day served true and correct copy of the foregoing document by first class mail, postage prepaid, on the following person, addressed as follows: John R. Fenstermacher, Esquire 5115 East Trindle Road Mechanicsburg, PA 17050 1D No. 77399 4076 Market Street, Suite 209 Camp Hill, PA 17011 (717)731-9502 Fax 731-9511 Attorney for Defendant PAUL T. FREUND, CORP., Plaintiff V, KEN GUISE and LET'S TALK PACKAGING, Defendants : IN THE COURT OF COMMON PLEAS QF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 03-6125 Civil Term PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW comes the Plaintiff, Paul T. Freund, Corp., by and through its attorneys, the Offices of Fenstermacher and Associates, and asserts that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff is $9,343.09, plus interest, and all costs. The following attorneys are interested in the case as counsel or otherwise disqualified to sit as arbitrators; a. John R. Fenstermacher, Esq. and any other member of the law firm of Fenstermacher and Associates, P.C., 5115 East Trindle Road, Mechanicsburg, PA 17050. b. Michael S. Travis, Esquire, 4076 Market Street, Suite 209, Camp Hill, PA 17011. WHEREFORE, Petitioner prays that the Honorable Court approve three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATED: July 12, 2004 By: J/bhn R Fenstermacher Supreme Court I.D. #91491 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for Plaintiff 2 CERTIFICATE OF SERVICE AND NOW, on this 12th day of July, 2004, I, Justin D. Barber, Esquire, hereby certify that I have served the foregoing Petition for Appointment of Arbitrators by mailing a true and correct copy by United States first class mail, addressed as follows: Michael S. Travis, Esquire 4076 Market Street, Suite 209 Camp Hill, PA 17011 FENSTERMACHER AND ASSOCIATES, P.C. By: J~stin~? ~ PAUL T. FREUND, CORP., Plaintiff KEN GUISE and LET'S TALK PACKAGING, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · DOCKET NO. 03-6125 Civil Term Defendants ORDER OFCOURT AND NOW, this / day of ~,/-L.---- ,2004, upon consideration of the foregoin? Petition, ~ ~.~ Esq., ~_~.~ .,~~ Esq., and .,~,/'~ ~'~,~_~, Esq. are appointed arbitrators in the above- captioned action as prayed for. Distribution: Justin D. Barber, Esq. Michael S. Travis, Esquire BY THE COURT In The Court of Common Pleas of Cumberland County, Pennsylvania No. I~) Civil Action - Law. Name (Chair/nanj N~ame- ' ' Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office Signature Name La*~ F~nn - Law Firm Address Address Award Law Firm Address Zip 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 separat, ely stated.) -- - · ' ...... ~..,/,~,;~/ // ~- ~ .~t~ . Arbitrator~di~sents. (Ir/sert name if applicable.) Date of Award: I._~,~-~__~L { .~ ~ ~ ] u~,~ -- - -/Chairman) Notice of Entry of Award Now, the /~'~ dayof ~ .,200~ ,at t-fJ(l'~, ?.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrat°rs' c°mpensati°n t° be Paid up°n appeal: $~ ?~i ~ ~?~'~ ?~ onotary Y: ' ~