HomeMy WebLinkAbout09-0053P:\FILES\C6eMS\11747 ChampionU 1747.2.com
Revised: 1/6/09 3:12PM
David A. Fitzsimons, Esquire
I.D. Number 41722
Jacob M. Theis, Esquire
LD. Number 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
CHAMPION FUNDRAISING, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 09- ~3 cN-1 ~"u~
CIVIL ACTON -LAW
SEVEN BROTHERS, LLC,
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 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 maybe 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 Plaintiffs. You may lose money or property or other rights
important to yau.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
F:\FILES\Clients\11747 Champion\11747.2.com
David A. Fitzsimons, Esquire
I.D. Number 41722
Jacob M. Theis, Esquire
I.D. Number 208631
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
Ten East High Street
Cazlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
CHAMPION FUNDRAISING, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTON -LAW
SEVEN BROTHERS, LLC, :
Defendants
COMPLAINT
AND NOW, comes Plaintiff Champion Fundraising, Inc., by and through its attorneys,
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files this Complaint and
avers as follows:
1. Champion Fundraising, Inc. (hereinafter "Plaintiff'), is a Pennsylvania Corporation
with a registered business address at 386 Greenspring Road, Newville, Cumberland County,
Pennsylvania.
2. Seven Brothers, LLC (hereinafter "Defendant"), is a Pennsylvania Limited Liability
Company with a registered business address at 1308 Slate Hill Road, Camp Hill, Cumberland
County, Pennsylvania.
3. Plaintiff is in the business of fundraising sales and supplying products to distributors
and other resellers in the fundraising industry.
4. Defendant is in the business of manufacturing food products.
5. On March 1, 2006, Plaintiff and Defendant entered into a contract (hereinafter "the
contract") to manufacture and supply soft pretzels to the fundraising industry. A copy of said
contract is attached and incorporated herein as Exhibit "A."
6. Under the contract, Plaintiff was to act as the exclusive fundraising sales agent for
Defendant, utilizing Plaintiff s sales network with schools and other non-profit organizations and
other fundraising sales resources to obtain buyers for Defendant's product, whereas Defendant was
to manufacture the food products necessary to meet the sales needs generated by Plaintiff.
7. Paragraph (4) of the contract states in pertinent part as follows:
(4) During the term of this agreement and for a period of one yeaz following
the termination of this agreement, Manufacturer shall not manufacture or sell
this soft pretzel or a substantially similar soft pretzel to the fundraising
industry or to any other entity engaged in supplying the fundraising industry.
8. The only exception to the exclusivity provision was the sale of similaz soft pretzels
to three specifically named companies, which Plaintiff and Defendant jointly acknowledged as
customers of Defendant, prior to the execution of the contract.
9. Sometime subsequent to the execution of the contract, one of the three excluded
companies, Bakery Express, announced its intent to withdrawal from the pretzel market.
10. Consequently, Ashley Farms, a company in the fundraising industry and a customer
of Bakery Express, was in need of another pretzel supplier.
11. Consistent with the contract, Defendant, through their President, Ken Sazago, directed
Plaintiff to contact Ashley Farms which was targeted as a potential buyer.
12. Plaintiff and Defendant worked together to create need-specific pricing for Ashley
Farms' business.
13. The attempts to sell to Ashley Farms were ultimately assumed by Plaintiff to be
unsuccessful.
14. On or about November 8, 2007, Plaintiff learned that Defendant was selling soft
pretzels directly to Ashley Farms.
15. Upon information and belief, this direct relationship had commenced earlier than
November 2007.
16. On or about November 11, 2007, after Plaintiff confronted Defendant about its direct
sale of pretzels to Ashley Farms, Defendant gave 90 days notice to Plaintiff that it was terminating
the contract.
17. Upon information and belief, Defendant maintains direct sales of soft pretzels to other
customers not excluded from the contract.
18. These direct sales were, and continue to be, performed by Defendant with knowledge
of the effect and consequences, including economic harm, to Plaintiff.
COUNTI
BREACH OF CONTRACT
19. Paragraphs 1 through 18 are incorporated by reference as though fully set forth herein.
20. Ashley Farms is in the business of distributing products to schools and other non-
profitorganizations for the purpose of re-sale to raise funds, and is thus, in the fundraising industry.
21. Ashley Farms is not one of the three companies specifically excluded in the contract.
22. Because the contract was terminated on February 11, 2008, the period during which
Defendant is prohibited from manufacturing for, or selling directly to, the fundraising industry runs
until February 11, 2009.
23. In selling pretzels directly to Ashley Farms, Defendant has breached, and upon
information and belief, continues to breach the exclusivity provision of the contract.
24. Upon information and belief, Plaintiff avers that Defendant is selling soft pretzels to
at least one other company in the fundraising industry, in addition to Ashley Farms, that is not
specifically excluded in the contract.
WHEREFORE, Plaintiff demands judgment against the Defendant in an amount above
$50,000.00, which exceeds the jurisdictional compulsory arbitration limits, plus costs, interest,
punitive damages, attorneys fees, and such other relief that the court deems just and reasonable.
COUNT II
FRAUD
25. Paragraphs 1 through 24 are incorporated by reference as though fully set forth herein.
26. In July 2006, Plaintiff wrote to Defendant asking whether any orders from Ashley
Farms had been placed to which Plaintiff was unaware, to which Defendant failed to answer, and
Plaintiff reasonably accepted such failure as an answer in the negative.
27: Defendant knew that Plaintiff was pursuing Ashley Farms, and in fact, worked with
Plaintiff to create a schedule of prices for various products for sale to Ashley Farms.
28. In failing to inform Plaintiff of Defendant's business with Ashley Farms, after a direct
inquiry on the matter, Defendant knowingly and intentionally misrepresented its actions to Plaintiff.
29. Under these circumstances, Defendant knew that Plaintiff would rely on Defendant's
misrepresentation, and Plaintiff did in fact reasonably rely on such misrepresentations.
30. Defendant was aware that its actions in contravention of its obligations to Plaintiff
would result in substantial monetary losses to Plaintiff, but nevertheless, continued in its actions.
31. While relying on Defendant's misrepresentations, Plaintiff continued to labor in vain
and expended various resources attempting to obtain Ashley Farms' business.
32. Defendant willfully intended to do economic harm to Plaintiff under the contract and
continues to violate the exclusivity provision of the parties' contract.
WHEREFORE, Plaintiff demands judgment against the Defendant in an amount above
$50,000.00, which exceeds the jurisdictional compulsory arbitration limits, plus costs, interest,
punitive damages, attorneys fees, and such other relief that the court deems just and reasonable.
MARTSON LAW OFFICES
By: ,
id A. Fitzsi squire
LD. Number 41722
Jacob M. Theis, Esquire
I.D. Number 208613
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: January 6, 2009 Attorneys for Plaintiffs
AGREEMENT
TO MANUFACTURE AND SUPPLY SOFT PRETZELS
TO THE FUNDRAISlNC INDUSTRY
As ort the First ~.y of March, zoos, the parties to this Agreement, sever, Brothers, LLC of 1308 Slate HIII
Road, Camp Hill, PA, ("Manufacturer") acompany engaged in manufacturing food, and Champion Fundraising,
Inc., of 386 Greenspring Road, Newvilie, PA, ('Reselie~ a company engaged in fundraising sales and in
supplying producth to distributors and other resellers in the fundraising industry, for the mutual considerations
contained herein and for ten dollars had in hand, hereby agree to the foNowing;
(1) The term of Agreement shall be for one year and shall renew automatically earth year thereafter for
additional one-year terms by the mutual consent of both parties.
(2} El#trer party may terminate this Agreement at any time std for any reason and without cause by giving 90
day's written notice to the other party.
(3) Manufacturer shall manufacture soft pretzels for Reseller using generelly accepted food handling and
manufacturing practices, and using ingredients and a recipe which it will make knovm tiD ReseHer within 10 days
of the execution of this Agreement ReseNer agrees to not disclose the recipe b any third pari~r during the term
of this Agreement and any continuation thereof unless Manufacturer is unable to or refuses to fill Resellar's
orders according th specifications and in a timely manner. Manufacturer understands and sprees that
Reseller's abilit)r to provide a timely and sufficient supply the scene or substantialgr similar soft pretzels th meet
the demands of its sponsors and/or customers is of paramaant importance, and that failure to do so would
cause Reseller irreparable harm.
(4} During the term of this agreement and far a period of one year following the terminatioon of this agr+~ment,
Manufacturer shall not manufacture or sell this soft pretzel or a substantially similar soft pretzel io the
fundraising industry or th arry other entity engaged in supplying the fundraising industry. "Fundraising Ir>dustry"
is herein defined as the market through which m~ufacturers and Reseliers distribute products th schools and
other awn-profit organizations for the purpose of n~-sale to nose funds. Ther+efOne, ManufacGtrer shah ghre to
Reseller, and Reseller shall own, the exclusive sales rights th this soft pretzel in sung th fundraising sponsors,
d~trib;~tors and to other fundraising Resellers during the term of this Agreement and for the additlatal period of
one yE:ar following the termination of this Agreement. Exceptions to Chia exclusivity agreement shall b9 limited
to sales of sim~ar soft pretzels to the following three companies: (a) Claire's Gourmet, Baltimore, Mq; (b)
Bakery Exposes, Baltlmore, Mq; and (c} Snacks rto You, Hanover, PA.
(5) Nothing in this Agreement is intended to prohibit Manufacturer from selling a similar soft pretzel b entities
not engaged in fundraising or not engaged in supplying the fundraising industry.
EXHIBIT "A"
(ti) Manufacturer acknowledges that Reseller is the sod owner of the'Smart bros.' trademark name and logo,
and th.st upon termination of this Agreement Manufacturer wiN not seN or distribute any product using this
trademark name or logo.
(7) The iniflal price that Reseller wNl pay to Manufacturer for a packaged soft pretzel shall be twerny-five cents
(US$0.25) each. This prlk;e shall remain in effect for a minimum of one year folbwing the daEe of this
Agreement. After this date Manufak~urer may charge whatever amount it deems appropriate, The price of the
soft pretzel is intended tD be for a consumer package of eight (S) fuNy-baked soft pretzels, each soft pn3txel to
be fou; -and-one-half ounces (4.5 oz)~ Packaged in an opaque white freezer food bag that will be sealed by
tape, said bag to be capat~te of pro~ctinp the soft pretzels from freezer-bum or moisture damage or other
damage for a minimum of one year. The price shad include the cost of making, baking and Rash irgezing the
soft pretzels, all in accordance with generally atxepted food handling and manufacturfng practices, the cost of
ensuring that the packaged soft pretzels do not stick together when frozen or thawed, plus the kx~t of the
plasflc bag, the bag-sealing tape, two flavor or seasoning packets, plus the cost of placing the bag of eight soft
pretze~s and two flavor or seasoning packets in ~ appr~riate consumer box and sealing it w~ Mylar
packaging tape or glue and then plating the appropriate number of finished consumer boxes into ~
appropriate master carton capable of holding 6 tx 8 cxar~mer boxes and the cost of seating the master carton
with Mylar tape, labeling the master cartons, plus the cost of keeping the finished master cartons fn a freezer
until they are ready for shipment from Manufacturer's facility, and the tx~st of labeling, seatrelyr stretch-
wrapp:ng, and loading paNets of master cartons onb a freezer truck.
Both part(ees agree that ReseUer's share in the cost of the finished product shah be Nmited to providing to
Manufacturer the consumer boxes, the master cartons, and the label for the master cartons. Manufacturer )8
to incur all other oos~ associated wNh manufacturing and assembling the flni~ed product indudinp, but not
limited to, components, s~plies, freezer storage and labor. Therefore, during at (east the first year of this
agreement the price of $0.25 per soft pretzel for which Manufacturer shall invobe ReseNer shah be interpreted
to mean a price of not more than $2:40 for a consumer box of 8 soft pr~efs sealed in a bap with two flavor a
seasoning packets, or not more than $12.00 tot a master carton of sbk such okmsumer boxes, or not move than
$16.00 for a master carton of eight such consuntar boxes. Afar the first year of this Agreement, Manufacturer
may increase the price by providing 30-day's written notice of the r~ew price.
Payment Terms shall be Net 30 Days.
Delivery Terms shall be FOB Camp Mill, PA; Cost of transportation to be paid by Manufacturer and added to
Reseller's invoice. Manufac~rer agrees to ship to any of ReaeNer's customers within tan days of receiving
Reseller's purchase ar+der or delivery request. Minimum order shaft be 30 Masser Cartons of any Ibms. Master
Carton SKU's maybe mixed on a paNet. Bulk shi{xnents may be paNetixed "to the piece" (i.e., tp the lroem) for
an additional $25.00 charge to Reseller.
Manufacturer is responsice for directly replacing Items reported by fundraising sponsor as missing, damaged
or incorrect at time of delivery or within five business days thereof regardless of whether missing, damaged or
incorrE;ct items were noted and recorded on driver's paperwork at the time of delivery.
2
Initially, Begetter shall supply to Manufacturer three different designs of consumer boxes, one printed for
'Traditional" soft pnstzels, one printed for "Cinnamon & Sugar' soft preixeb, and one printed for "Combo" soft
pretzels. Each oonsumer box of soft pretzels shah contain twa flavor or seasoning packets. In the Traditional
consumer box Manufacturer shah indude two dear plastic packets of coarse salt, each c~ntalning at bast 1,3
ounces of coarse salt. in the Cinnamon 8 Sugar consumer box Manufacturer shall induds two dear plastic
packets of a fine granular c~nn~rwn-sugar mixture, each oont8inir~ et beet 1.1 ounces of dnnamon-sugar. In
the Combo consumer box, Manufacturer shah include one of the 1.3-ounce padkets of course sett and ore of
the 1.1~unce padkets of dnnamon~ugar. Each flavor or seasoning padket shah be printed with content
iicatton as shown immediately below.
Manufaduror shah approve of and take responsibility for all approved printed statements and representations
made on the consumer box relating tv the UPC code and indk~a, listed ingredients, Nubidar Facts, heating
instructions and number of soft pretzels and net weight, as weq as to the physical spek~flcatlona of the box
itself.
The parties hereto, acf~g in good faitit and intending t4 be Y bound, have set their hands and seals:
J. Prosident Date iCennefh P. Sarago t Date
Champion Fundraising, inc. Seven Brothers, LLC
3,
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by our
counsel in the preparation of the lawsuit. The language of the document is that of counsel and
not our own. We have read the document and to the extent that it is based upon information
which we have given to counsel, it is true and correct to the best of our knowledge, information
and belief. To the extent that the content of the document is that of counsel, we have relied upon.
counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities, which provides that if we make knowingly
false averments, we maybe subject to criminal penaltiesn
;"
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Vii ' t. Vincen
President of Champion Fundraising, Inc.
Date: January 6, 2009
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RAWLE & HENDERSON LLP
By: Maureen E. Daley, Esquire
Identification No. 75000
The Widener Building
One South Penn Square
Philadelphia, PA 19107
(215) 575-4200
OF T FILED-OFFICE
2011 APR Is AM 11: 55
CUMBERLAND COUNTY
PENNS MANIA
Attorneys for Defendant,
Seven Brothers, LLC
CHAMPION FUNDRAISING, INC.
V.
SEVEN BROTHERS, LLC
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
: CIVIL DIVISION
CIVIL TERM
: NO. 09-53
WITHDRAW OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of defendant, Seven Brothers,
LLC, in the above-captioned action, per the Affidavit on behalf of Seven Brothers, LLC.
RAWLE & HENDERf*ON ALP
By:
Maureen E. Daley, Esquire
Attorneys for Defendant,
Seven Brothers, LL(:
The Widener Building
One South Penn Square
Philadelphia, PA 19107
(215) 575-4200
4459996-1
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the Withdraw of
Appearance and Demand for Jury Trial of defendant, Seven Brothers, LLC, was sent by
First Class mail, postage prepaid, to the following counsel of record:
David A. Fitzsimmons, Esquire
Martson Deardorff Williams Otto Gilroy & Faller
Ten East High Street
Carlisle, PA 17013
RAWLE & HENDERSON LLP
By:
Maureen E. Daley, Esquire
Attorneys for Defendant,
Seven Brothers, LLC;
The Widener Building
One South Penn Square
Philadelphia, PA 19107
(215) 575-4200
Dated: C j ZQ!/
4459996-1
CHAMPION FUNDRAISING, INC.
V.
SEVEN BROTHERS, LLC
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
: CIVIL DIVISION
: CIVIL TERM
: NO, 09-53
AFFIDAVIT OF SEVEN BROTHERS LLC
I, William Thomas, on behalf of Seven Brothers, LLC, being first duly sworn and
upon my oath, state as follows:
Seven Brothers consents to the withdraw of Maureen E. Daley, as counsel.
2. Seven Brothers, LLC wishes to proceed pro se.
William omas on behalf of Seven Brothers, LLC
SWORN AND SUBSCRIBED
by me on this / z day of
2011.
Notary Public
c0M&40NVVMT"0RV'V"
TARK sm
-d*t a. PI COLM
1.7, 2012
4459981-I
UJ i HE PRO ? OQ0
20111 APR 21 An 10: 08
CIJMBERLAP40 COUNTY
PENNSYLVANIA
Plaintiff-
You are hereby notified to plead to the
enclosed ANSWER WITH NEW MATTER and counter
claim within twenty (20) days from the date of service
hereof or the complaint will be dismissed or a
judgment entered against you.
Seven Brothers, LLC
1308 Slate Hill Road
Camp Hill, PA 17011
717-731-0540
Champion Fundraising Inc. IN THE COURT OF COMMON PLEAS OF
Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA
V.
Seven Brothers, LLC. NO. 2009-53
Defendant, CIVIL ACTION - LAW
MbN- E9, TO COMPLAINT
AND NOW, comes Defendant Seven Brothers, LLC, Pro Se, files this answer as follows:
1. Admit
2. Admit
3. Admit
4. Admit
5. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement,
6. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
7. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
8. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
9. Seven Brothers denies the statements made by plaintiff, because it is either untrue or,_
lacking in basis. Plaintiff must prove the facts in this statement.
10. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
11. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
12. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
13. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
14. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
3861881-1
lacking in basis. Plaintiff must prove the facts in this statement.
15. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
16. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
17. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
18. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
19. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
20. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
21. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
22. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
23. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
24. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
25. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
26. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
27. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
28. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
29. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
30. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
31. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
32. Seven Brothers denies the statements made by plaintiff, because it is either untrue or
lacking in basis. Plaintiff must prove the facts in this statement.
NEW MATTER
33. Answering Defendant incorporates its responses to paragraphs 1 through 32 as though fully
set forth herein at length.
34. Plaintiffs' Complaint fails to state a claim upon which relief can be granted.
35. Plaintiffs' claims are barred, in whole or in part, by the applicable statute of limitations.
3861881-1
36. Plaintiffs' claims are barred, in whole or in part, by the doctrine of accord and satisfaction.
37. Plaintiffs' claims are barred, in whole or in part, by the doctrine of consent and ratification.
38. Plaintiffs' claims are barred, in whole or in part, by the doctrines of waiver and estoppel.
39. Plaintiffs' claims are barred, in whole or in part, by the doctrine of laches or other equitable
defenses based upon the untimeliness of plaintiffs' claims.
40. Plaintiffs' claims are barred, in whole or in part, because defendant's conduct was at all times
appropriate and justified under the circumstances.
41. Plaintiffs' claims are barred, in whole or in part, by the doctrine of unclean hands.
42. Plaintiffs' claims are barred, in whole or in part, by the plaintiffs' failure to mitigate their
damages.
43.Plaintiffs' claims are barred, in whole or in part, because at all relevant times defendant acted
reasonably and in good faith.
44. Defendant is entitled to reduction of any found damages by the direct proportion of plaintiffs'
acts or omissions of third parties including those unnamed in this suit whose acts or omissions, in
whole or in part, contributed to the overall injury or damages in this action which defendant
denies.
45. Plaintiffs' claims are barred, in whole or in part, by the doctrines of res judicata, collateral
stoppels, claim preclusion and/or issue preclusion.
46. Defendant reserves the right to assert any other defenses that may become apparent during
the course of discovery in this case.
WHEREFORE, Answering Defendant respectfWly requests that this Honorable Court
dismiss plaintiffs' Complaint with prejudice, deny the relief requested therein, enter judgment in
favor of Answering Defendant and against plaintiffs, and grant such other and further relief as
this Honorable Court deems just and proper.
3861881-1
Counter Claim
Defendants are owed money from plaintiff and herby demands payment of all outstanding
invoices in an amount not exceeding the arbitration limits.
William Thomas
Date: April 21, 2001
3861881-1
VERIFICATION
William Thomas hereby states that he is authorized on behalf of Seven Brothers, LLC. To
verify the within pleading. The undersigned verifies that the statements made in the foregoing
Answer with New Matter to Plaintiff's Civil Complaint are true and correct to the best of his
knowledge, information and belief. The undersigned understands that the statements set forth in
said pleading are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
William Thomas
Dated: April 21, 2011
3861881-1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the date below, a hard copy of the
attached, Defendant's Answer with New Matter to Plaintiffs' Complaint, was properly
signed and that a true and correct copy was filed with the Court and served electronically
upon all counsel of record pursuant to the Rules of Civil Procedure on the date stated
below.
David F. Fitzsimons, Esquire
Jacob M. Theis, Esquire
Martson Deardorff Williams Otto Gilroy & Faller
Ten East High Street
Carlisle, PA 17013
William Thomas
Dated: April 21, 2011
3861881-1
SI
CHAMPION FUNDRAISING, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009-53 rnm c-,?
a? ?.. .-n
CIVIL ACTON - LAW zx
SEVEN BROTHERS, LLC, G':p
Defendant C?
ORDER
<
AND NOW this r day of , 2011, in consideration of Plaintiff's
Objection to Defendant proceeding pro se and any response thereto, Defendant is hereby ordered to
retain counsel duly licensed to practice law in Pennsylvania in order to litigate the above-captioned
action.
BY THE COURT,
J.
cc: avid A. Fitzsimons, Esquire - Attorney for Plaintiff
jp,.g
VMr. William Thomas of Seven Brothers, LLC - Pro se Defendant ?op
i t
Tj
HILL:D-OFFICE
F:\FILES\Clients\I 1747 Champion\11747.2\I1747.2.pra.wpd ; `I PRt11j +'\
Revised: 6/26/13 11:I0AM
'013 JUN 2b � 3f
CUMBERLAND COU;4TY
David A. Fitzsimons, Esquire PENNSYLVANIA'
I.D. Number 41722
R. Christopher VanLandingham
I.D. Number 307424
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiff
CHAMPION FUNDRAISING, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009-53
CIVIL ACTON - LAW
SEVEN BROTHERS, LLC,
Defendant
.PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly mark the above-referenced matter as settled, discontinued and ended.
Respectfully submitted,
MARTSON LAW OFFICES
By:,
David A. Fitzsimons, Esquire
I.D. Number 41722
R. Christopher VanLandingham, Esquire
I.D. Number 307424
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
Date: June, 2013
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy&
Faller,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:
Shane L. Weaver, Esquire
513 Shelleys Lane
Etters, PA 17319
MARTSON LAW OFFICES
sy
Tricia D. Eck nroad
Ten East High treet
Carlisle, PA 17013
(717) 243-3341
Dated: June,;?/O, 2013