HomeMy WebLinkAbout09-1245ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848..
HARRISBURG, PA 17108-1848
(717) 238-7159
Attornev for Plaintiff
FENDER MUSICAL INSTRUMENTS, INC.
Plaintiff
v
TRIPLE R GUITAR, LTD
d/b/a Triple R Guitar
Defendant
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY,
PENNSYLVANIA
NO. LA- 1x145 Civil-Fem
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
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 REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
Avlso
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por mebio de un abogado una comparencencia escrita
y radicando en la Corte por escrito'sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR PQR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COONTY BAR ASSOCIATION
TWO' LIBERTY AVENUE
CARLISLE PA 17013'
717-249-3166
FENDER MUSICAL INSTRUMENTS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff Cumberland COUNTY,
PENNSYLVANIA
v
NO.
TRIPLE R GUITAR, LTD
d/b/a Triple R Guitar
Defendant •:' CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, FENDER MUSICAL INSTRUMENTS, INC., by its attorneys, KODAK
& IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum
of FOUR THOUSAND SIX HUNDRED YFIFTY-TWO DOLLARS AND NINETY-FOUR
CENTS ($4,652.94), along with interest thereon at the statutory rate from April 22, 2008,
upon a cause of action of which the following is a statement:
1. The Plaintiff, FENDER MUSICAL INSTRUMENTS, INC., is a corporation organized
and existing under the laws of the State of Delaware, having its principal office and
place of business at 8860 E. Chaparral Road, Suite 100, Scottsdale, AZ 85250.
2. The Defendant, TRIPLE R GUITAR, LTD doing business as Triple R Guitar is a
corporation having its principalP office and place of business at 300 Market Street,
Lemoyne, Cumberland County, Pennsylvania 17043.
3. Defendant is a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania as more fully shown on the Pennsylvania
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\FENDER 35004.wpd 2
i
Department of State Corporation Bureau print out attached hereto, marked Exhibit
f
"A" and made a part hereof.;
4. On or about June 6, 2003, Defendant entered into an Authorized Dealer Agreement
with Plaintiff, based upon which credit was granted to Defendant, a true and correct
copy of which is attached hereto, marked Exhibit "B" and made a part hereof.
5. Thereafter, on or about February 10, 2004, Defendant entered into a second
Authorized Dealer Agreement with Plaintiff, based upon which additional credit was
granted to Defendant, a true and correct copy of which is attached hereto, marked
{
Exhibit "C" and made a part hereof.
6. On the dates, in the amounts, and for the prices set forth in a true and correct copy
of Plaintiffs Open Item List statement of account attached hereto, marked Exhibit
"D" and made a part hereof, Plaintiff, at the sp"pcial instance request of the
Defendant, sold and delivered goods, wares and merchandise of the kind and
description set forth on said Exhibit to the total amount of Three Thousand Eight
Hundred Seventy-Seven Dollars and Forty-Five Cents ($3,877.45).
7. The prices charged for said goods, wares and merchandise were just and
reasonable, were the legal and market prices therefor and were the prices which the
Defendant promised and agreed to pay to Plaintiff.
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\FENDER 35004.wpd 3
8. Due to the default of Defendant,; and pursuant to the terms and conditions of the
Authorized Dealer Agreement executed by Defendant hereto attached as Exhibits
"B" and "C", attorney's fees in the total amount of Seven Hundred Seventy-Five
Dollars and Forty-Nine Cents ($775.49) have been added to said account.
9. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature
of same and have previously been provided to Defendant.
10. Plaintiff frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant refused and neglected and still refuses and
neglects to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from, Defendant the sum of FOUR
THOUSAND SIX HUNDRED FIFTY-TWO DOLLARS AND NINETY-FOUR CENTS
($4,652.94), together with interest as: set forth herein.
Respectfully submitted,
KODAK & IM516M P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
i
F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\FENDER 35004.wpd 4
Business Entity
Page 1 of 1
Corporations
Online Services I Corporations I Forms I Contact Corporations I Business Services
Search Business Entity Filing
By Business Name History
By Business Entity ID Date: 11/25/2008 (Select the link above to view
Verify
Verify Certification the Business Entity's Filing
Online Orders History)
Register for Online
Orders
Order Good Standing Business Name History
Order Certified Documents
Order Business List Name Name Type
My Images
Search for Images TRIPLE R GUITAR, LTD. Current Name
Business Corporation.- Domestic - Information
Entity Number: 2812932
Status: Active
Entity Creation Date: 4/23/1998 10:31:28 AM
State of Business.: PA
Registered Office Address: 300 MARKET ST
LEMOYNE PA 17043-0
Mailing Address: No Address
Officers
Name: RANDAL R ROBERTSON
Title: President
Address: 300 MARKET ST
LEMOYNE PA 17043-21
i
Home I Site Map I Site Feedback I View as Text Only I Employment
o ?pYS+'ve,.??3
U o
Home
Copyright ® 2002 Pennsylvania Department of State. All Rights Reserved.
Commonwealth of PA Privacy Statement
https://www.corporations.state.pa.us EXHIBIT
11/25/2008
TRIPLE R GUITAR TEL NO.(I( r60-9029
Jun uotuo 1J;Jr r,u[
FENDER& MUSICAL INSTRUMENTS CORPORATION
1Ills Agtaol11Nnt Is roads, . J6 r _ for' WI _. 20 ?n, Uetwrien erslar® Musical Instruments Ca-poration,
88"t) 1-pt? penal kraed, Suite 1(In SM119Pakc, Ad7llrm 852N) (trwskraflgt Iidwied to &94'FMIC'), ;Nxl
l,7
1704 'S
icily. sums mini 210 c;td.)
which is a .. ? t/ 4l? ea obin the State of . ? ?1 (r•r,?
If%i.•wwknt,?iBwi.l.N+,uhtm•wlw.rdV) I iL...:.].. ?....-......_.
doing hosirlamx and havl?g ha pAtidpal pWea of business Ioealo0 at the above address (hereMielter refena(1 kl as 9lteak•i •).
III rcKlgidmatiwl of tf w mutual oovotmW contained heraln, thin parties hereto spree sa follows:
FMIC: PrxrrAly grH11ttl off immal, fur o torrid or ulw (1) year tmx11111WIMIly till Jurruwy 1, 2003 (widow limirrkmoW 111 i"iwtwt.d Ino umil it,
pwagraph S row"(W), a rwntrmnubmi de, llotaexGusNa fight to display and sea OW9100 instrumemn and ether prtxkicas (MJrcxkitmi') lwaillill
trio trederrWM-6 n1 PMII: IM listed on sire MWMOnp Piaui AddtrrKWm(s) attached hereto. Ewen though 11 down ixx have an tAAlgWkmr (u flu mu,
FMIC may eftrc•1 to offer to Lxialw erfdititsnal M now fwodutxs trial are not spsclllCaMy identified on the Marketing Irynn Aikk ixsum(x) :NitJ taut.I1
Ixnfkir49 allklriiallimily will lx: cinwitouted PiuciuUa for pwi:mea of this /agreement without any enttKtdmanl. 0salNr xhull iwwr llw ikOd lu su
I-MIC's f'rt uucls filly A tlkt deatUAKi U Isill" i I(xxetkxgii) EMT ttxtll 110rolll and on trla marketing man Addendlim(s). I rr;Asa nary disldily al a
sell Products via Internet andkv mail rlattdng nimals only If Walarimcaltes and complies with IhR I"im I)( FMIC.'r AtilhrNlnid hilmim widlo
Ctoh,lt.U Ikt:,li,t AtIJ.,ndnn.(v)
1-MK: tyrella W.
(x) Permit Lkoaler to rgirrrxaae iArcxkrnra from FMIC fix r".Wff at idwil under tree payment terms and coWitlon% PK1alft1wd by F M1t:.it it; MA
discretion, which may be adjusted from lime Ito lima in FMICx sole discretion without rnallos to Deniet. FMIC: movivotr Chu right to ado(•ate
I TlxlUCht amtxlg Its nuinnrlym liffol"M are 11 nlny dnlurnrkw In its wilt: disarsliuu,
(b) Piovldr: Wrutw with avaaaga parts and accesstxrer, as re((lnnxi fur ills pfopor servlciltg of the P.Ilr ls, at Imnlrtl net Itok4is, whk;ir stray
tai rtdjuN10d by F'MW ill its :tofu dkiulluMme from Wow k, lklwtwitheout medics.
(r.) Mnkc nvailnMr! nil IxirdM, In reasonable quantity aril at a rnorninai nhwgn dalmmilaxJ by FMIC, auvtsttMill,l awl IN lmnditxiwi walvi wl I(.i
Itie Pmdl lrtm. L)omkN arkliOwlludg(Is that the advertising end (w(tlttntrtxlrtl matwriei provided by F MIC Represent a nIgniffnnnt rxmll iindlutr lu Iiw
advrrllishiy mitt INumtAkxi ul its 11,11UuUt:ls toy t)treritH.
(d) Alkrw axe anal ink forttlliiQ Usti) of FMIC'F. Irrrtemrrki; rrtialinj in now P(txJuc;ts a?the promises and lit nxetfin advrdisiag by Ihr: lif:rxrs,
thinly 1110 101111 1A 110N Ayivullmill.
(e) Make avaaalAw to [kfFAtw cIAmIH IhkxmMlrm tm new Prnn11rl9 r?xtlu,$I Kur;fl nlsmis roll FMIC 3%IIWl tltrlrrtitl.e: It. il:i rk,r,itdiar.
Ire;nkst r.grut:» to:
(a) Fstablish an F MI(: Sales Plan aril maintain an agreed tiflo n Inventory of emdurts at each Dealer IM'Atiofl (lllrt ':SA(WP InvulNtxy") Eli NJ tU
fwnmirnently displrty anrdr Pltoflutfix In attractive surroundings. At the brginning of aa(An callordar year, Dealer end FMIC: Ktiall wilaillisll art
F MIC Sales ('Ian and f." Invionlrwy fix each Uoafor location that re"s Deslvrs partioular r4c(t4?eme st nrxl marker t"Alk,rts. 1 Ire FMiis
ales Plan shall for (!%laldi%IvK1(dntly by Wafer and Itv tender 1)$M wK1 shad stA foritl VaaWs arxtllai salves gnFAx Niel ii Sjutru tl lolm I It.
schievfrlg these gnats. ()feast tWoes to rrlodltan the Store inventory at all timaj throughout the dumilorl of Inds Atllfwrrluirt mill lit tnsltn tad
Products nocessary tci maintain such inventory. AN Stara Inventorie9 xrwl Fender Sales: Plans shell be mWitxnl Itimk tialn Ito lilIto.
nowssary to rellec:t now 1.1 miutilx atxifin ul im polity it tin kul tui Wit llx.a,
(b) (;uaduf:l err ag(pucslve indverrisklg and prnntolitWW firogram kit the I'roduas alai ninkila in a wOtbl(akled sales farts wlxe oliti
kik)w11W"AI& 417W lire Products, Dealer will not lake any valor in lhxl have x11 rmivente effect all llw image. perreNed vellrr., lelmrlatiull W'
iltalktitability W FMIC'w Pitt Vit-AnAt,.
(t:) Avliv4oly ntr(.gxofl DWI p17MUrtn the kdnxitiriion of lx:W f inducts as they been ava?ilaW fol (JISNIUUtlori ant) hrosmole niit:U Vioutiulh In
IIK, retail rtlarkest.
(d) Umi file trademarks of FMIC (referred to IKxWn coliuctlvoly as the "trarlarnoms`) only win roforerwn to gentime Ilttot)uctti nlarlulrt:hnrd
aiwVor distributed by FMIC. For amnnlpio, irtening to Squler#a prrrluris as FendwToo products is not prn(ler uw.- of the FMIC Iraritiromits food
will taxWllluty it vkAoliltit ur this Agiwemam.
(v) Cannlily with etiy bins all surd( rds or polichis esiatAlshed by FMIC Ieletinq it) tto use of Its tradernadcm, whiri t 11Nry br mcdlfrM by FMIC
lttwlt liflw: kr lklit: ill IW, rule ditwAict Vil.
(f) Fxelado a Isow Markethg Plan Addomiurn LKilow establishing any addwonat or dihororlt hoeallnrgs) kx the saie of Ills: Plirltrtis .rut.it
rutdwndrim taplmrvnl gray Ito pealed or wlthhaAd by FMIC kr i1%* uuli= ditweviiuu,
(II) I imit arlivay in ttx; sale of Products to wilidn Ilia boundaries cd'thn I Iniled Wild rr. Usurer therefore Iagnimms utA to roll Pr(krio0f: to any
dealer, agent, lit m, irmdvlduW or mprosentative who 1% kriown or hellewrd to sea produMs outside the Unltwd Sinful un aitrwi ti d.rr.r,.i nr
1ntiin rt halls rw ollmmilta solids or accept any nrdws fax fjliXhXA to be shipped QUISida of the United Stale>:.
(h) Maintain a retail 9fixai and be In the primary husinexs of tolling Products toWaaal(i customers. Dealer r.INall mil tofful Plod rt:ts Ihr sale
llwtougtl err by means M a Matl CWder Catalog or the Intentel end"wi the Dealer skeoutes an A htirixud Mad Cnip" rM:dof Addemdunr of
Auttwr)ZOd intomel r)naktr Addordum. For ptirpo"m hvrtwl, U -Mod Order Gnteing' shall mean any Myer, torm.1saw or pvblienlloon paxiuard tit
t:htallctled by Dealm Moat (Antra adducts for ania by phcxw a ntaa t)rdcw to pMwrifial WatomUrs (uested trrlslde tit the ton"y Jkrri Ily arevkx«i
by ftneirm mtna kic diutl(s). The right to area ttrougli Mad ICNdar r nalogs of nra Intarnwi will hit rofaldud by f M1C to celfto riexloil: hullo time
fu Him,, kr IN We disci !tion alai in wAxxUaance Will Itat ep(oanrAAp Adduirtlul U.
. ._.r_?.. ..._._><e,:c are -...:...e..a,.r _ ._.'-•?aa::rr.;.;...,.....«,„_._
USA (Rtiv 1m4)
EXHIBIT
TRIPLE R GUITAR TEL N0.717 730-9029 Jun Ub,U6 15:6b t,ul
(i) Insrnrd and petilwo for dedk4Ny to pxxchasors each Of Iles mixtuou aoroMmg to starsdards fistabllshad ny FMIC in ihn :Relit uitilarrlkm.
Disinter lurlllor Agree. to OOMOy with any mirl at Mrindardr. or policies estebteehad by FMK'., whinh relay Im I?sudlfftnl lfuln Unle It, Well: it
i:MIC'ra disvrotion, rogarding Iha repab and warranty servict: U life Pyr A+r.0%. Rwpak service will be paid In t by h M1C ps rrRtant In flit! truths of
n? noun uauusit wof14,sly selmtders dent pruce+Jure.%.
(1) our all Products purctw- w l tore a term or credit task, unatlor wtl exaaate ins, uttfy rigreemenw, Immi notli utaiviiwidt. dtRehr M11,00
Nitiome ws and pnwirfn finaneint statements as FMIC: relay roquost in its fide afsonstlote rktww? agsaws to pay al old%Iwrrtinll wliss sweet M
FMIC nee aatK1 Whore duo, and iydfaer agrees to My FMIC sthrde Iritteroter rest arsy ewes" amounts at lisp rates of 13% per mnrdh ens suds
vvisouo txilnnce until pfd in half. Dealer further egrarrs itim FMIC may, in 1, artless, dlscreflon. canon, susrxererl, feavlimy shits of tiltearwlse aller
INearttr'% order; tot Products 4 ljealnr k; rs,ut taxtusA oil Itttyts strim,to FMiC.
4 Disa1ut JQIG" that FMIC hex the bake tight to Rniwnl IN dwalort, and manage these distribution of its f'rlwuMs. Any dty;alwr nvlr, sides i•ttw)ut:t. W
1;wrsumow ttwroloree must appculs' and abide by the fwatis of the Authorized Deserter Agreement And then. txrr:omee an aedhorvrxi dt Atir.
I huilri sbnll not soli nndlor I)artew any Products let piObw doster o egtent wlso is not on asulhmizent cWcm-. FMIC's f n>du1:l wrunin inR arc:
only avallahla to rotail purchariem lessen are owhnrfsnd dnnlwr reed any prohibited sate wlellor loaner of a Poutluat eftist) veld st+rh wnnantien aryl
entry susuw in tunrdniatkets of Itds Agruoresenl.
5. (M) 1111: t"1 111 of this Agresetnerr sfuel expire as of Devnfieli t 31 of Iha) than rxsrwnt ralondar year urress OIWI W. rtOwwrata by Ihu ;patron
howtu. TAI). Apramnpnl may ho renewed by the oremploYwt of n Strern Invwntory and FMIC Sakes Mass fa thn Dilater for time following ralwndar
year slgrwd by Dressler used authortred by FMIC. D oWal acknowlrrtgas tout FM(C is trrKUN no dAogWn to offer r1seniwt Mn FMIC- Steles Ilan
and a Storo Invardtay fen any particular year and that FMIC may esiwbrnsh a0ptopliale deadtrttss to complete Owes Itwuuiktrt by ihxtlesi of n
8loro Inventory and FMIC baton Flan far any your shelf be deamnd to tits a rlaatlfsmation of itia terms and mndnkns Of toils A(petewriom it
NO(Wihstandig the IlKegrtlrltl. arther party shell Neste lire light to terminate, fills Agreement for tiny rearton and of any tittle upon 30 days piker
vnittwn nodes to tip, Wrests.
(it) 1 nit acceptance rat videraa hewn Dealer or Ito r ffilkwance of Salim le) MMier by FMK: Mier that mgdretkrn• unkn s rtiticw ,d ire anxerdmiwo
with siscilori 5(a) Ito:rein, or spanner wrmWwtkm of thin Aglaamoret vital 1sil fro construed as a raisaU,al of this Apiectnnvul for any furlftet touts.
I Yeti i tnrminatbn of this Agauetietuer. Dearer shat have no right to raoeivo f'foducs for wastes or to use any of I-MIC'r: tadsim:vkr., n+xt FMIC:
sl;ail I urvu no obligalrxe whettsekwH to drenwar Iroducts to Mater i" twawlw.
(r.) NotwlhstandsKl low fcxagohq, atthar pasty may twmhnate this Agrsomant Imrnedielefy upon delivery of panel rtOtco in low till wit party in
the oveN surli Wait party fats to p arkwees err otherwise i, In bilreacls of Ito oblgstiohs hw ounder. In ft event UeAk,r Is In mntorrial tRonch or ire.
oblipatkmre haneundt.a, FMIC reserves low riprtt hi lieu of tenniratirag Ills Agreement to su%pwsd of, forfel any diticounts, rehntws rte adlowe ww.
ntrxerwrrus payalric to available In FMIC aautleorizod dealers or nay lercryram ollerod by FMIC from time to limes. l less Agreement wluili turmi nrxo
nutonwlkinily, willeeaA any roquiroment M nntkxt, upon (1) any lottiidnikwn or torminatlrn eA Dwatar's business, it* eiwtune+tcwnew no shy
vdnnlwy rte knlnakintivy banltiupiry lxuueWlrig against the Ponlex, sets assignment by Dooks lot the beriefh of crnlltot; of tlne itrAwfiliule lay
this t)uaafor of any laws for thw rs,rdaf of debtors or the oorrereswriciti eel of any pa+rtwwding relalod thereto; of (II) arsy:allurnpled direct tit uklitecl
tranRlat or assignment of the flaalm's rights lender this Agrmment without the'prior wdttero rxwtsant of FMIC 1 htlysx ullrurvlso Fwtrrmitlacl try
FMIC, any sale or M.viy Rwrlleltibr of tip Dearer shalt bit cortskleAW to be an attempted Msslgnmenl of this Agrwalntont. In Addition, FMU: nony
lwimirwle this Agrleomrnl upxxs 10 (Jaya prior written reticle k? Iha. uvw+d of a charge in Dealers executive or sofas oswouatiuutont pcwounnnl.
(d) Any written r+sAire retgtdra tl by tits Agrooment may her given by personal delivery, mel, two'night courier or try fonshnlt: at the respective,
aodfosso; of the parties fiat forth alaw and such notice. shall tw deAnteed given an the dale al' me alling or Iransmlfit;ion, its MI)phicable.
e, its l1 w wvwnl Uardet detaultac In is oflligntiem to make payment to I-MIi; terser PrnQuets sold to Uealoi, 1-•MIC ulwll n;rvq (fit, +1y10 It, r«t.•evew lfcwn
Dvattn Nil;ulus owco nn 4, 19011 ding intm:anl rest trverout, ualanoes as hnmin provided, and roaseneltle mots irt(anwil W. r,l'daining sash
leayrnefll worn Dealer, ms, kic" wttlwxrt IimiWtiolt reasonable CdlisnflonA rxw;lR awed rousistxsalelte wtl(enery s fves.
7. Wittig IrNaln shell create any associating, prAAnlfsrwp or )olnt venhtre or tree relationship of prinripa1 errs wgatnt see haem-Aiwen mini dtdroctilsea
W,tween the parties hetrwk). TI w parties are, with respect to each officer, ioith pelndent coniractont. This Alittaemonl to nor far flip Iwnofll of any
third party, Dealeer afirewes to hrdarnnify FMiC: and Itnld l harrnlnsaR from ared a(felnst any and AN damages (Including, willtesul Iknllidiun. Ira
payment of al atlornay's Item; ttgmnwd by FMIC an account therrol) (9admvd Dy any third patty ittwofili y from [x:alar'r, vioinNrm nF any
Inuvi.itne till Uti, IMa1ew Agreinseretsl.
(a) F allure by either party it) Uds AgrNerrannt set any time to rmVi rn IarsltrrrnariCrr by the other party of nay provitikan lat'lar.N nw Iv mi"i 1 :+ cli,in,
for a broach M any provision liminsild wll not be construed as a gennrel wallear• of any right actxuing under fifth Age oonfonl, firer YAJI it nftwrl
such party's right to Plasm few ntyr eulsa ;nWimit 4ruoul t ut owls iwewr46sn.
(ti) A Wniwrr rd any right arnouing to **her pony purstAnt to thin "rer eel tftal not be effective unless givw+t eat wire irk ni.
$1. 1 his Agreamefw contains the entire made ;Ialauklg of the parties hereto nrid.supmarewJwu, am of toot: Unto isele 1, do Iwkx aprercnn:w.% (ectwrnal
FMIC and Doak*r feraatnR1 its, lftr Wilma treader ttoroof. This Agreement cannoi tan mtidIlUed except by an ihsin rni-ril let wtkksg flint it: signed by
teach party horoau provided that i-MIL: re%waR this right to waive any term or aandllon eat this Ageraemont applowlels Ire r)wakir eel to amenl,
modify or suppklmcnl any or AN policins, "[wWards, procedures, terms, or corlrillkxia rooluni tcred herein. '1 his Agrneniw+d freely, trot ter AF.PlonFwt
by the Doolor in whole or in part, ly op aeration d how or otherwise, and any stoat pu#Wted assignment shall tw void mxg of to Mloct. This
Aurcornent has bean entered ink) he thee Stwhi of Arizona 'the validity, inkfjxstnliori seed legal effort of thin Afp.rrrr iwil sliaal loo govorf*O
by the IawR M the Stapp of ArizrNia, wltlhoul rotofonce MiirI M Mess
Agrnsitiwnt Its. 1 to Invalidity or unwMetraeablily of ally prwrsiren of flits
Rharl in no way allnol tits validity or oni bllfy o I any t pxewhaktn elf ll'tIR AAtMtrNtnl. Titir. AfafeMlfMN ;iNal not lie ldfrrllvt:
ifiensifeelu
unlit peepcewwd by halt:.
IN Wfl Ni-Slti W1WHILOt•, rise ) RhflttA,®QrtawmofN as of the dale! Wrktan wlx)vo.
Dealer % c
TMR
htNIlFK MUSICAL INSTRUMENT'S CORPORA11CNv
BY USA (Hav •1103)
TRIPLE R GUITAR
Rh 7r,
IEL NU.(I(`"(JU-yULy
JUN UO,UJ 1J •J7 F .V1
FMIC SPECIALTY BRANDS
MARKETING PLAN ADDENDUM
?" pullvt6 ??
A. Asolhuriyod FMIC Speclalty Brands Products:
strings, Parts, and
f5)
El
i
I
Accessories ..... .......... ectr
c
nstruments
(431
f Rodriguez classical
Guitars f 16)
_ .... _..._ ... .. _.. War I.MUe
Acoustic Instruments
[17]
lrr7rc y Professional Instruments (21)
_. ... ... ,LWxw bAb?• aloe ' USA Instruments
0a?lx,• [24)
"TfirlIN Historic Instruments 122) ehmkv* Imported Instruments 12b)
Gf"r Synchromatic Instruments [23) OIF----- - All instruments [7fi)
.. IYpwSy l.Liwl., r t4+.W?i.N..l
SWfi Ampiincation (27) Benedetto Ou(ters 11tf)
.. N I wnl?w I.?rr..
B. Aut! rized ?ocatlo a) Sharing All Products As Specified (initiated) Above:
1. V 3.
.. ..
,.a.aa.
r Wa.I AJJrr.4
Gnr, a,wla(f.vrl?x'w_ n?Y i? C wYr W V• fl?•a/.?..1...., r_I ? y.l.,_t.
Store Warehouse Billing .... Store Warehouse RNliug
2.
... 4.
.
_ ...
.
...
bpwn Mc«.,,u
btMr hwma ..
• irwr M.,rw
.
... O A44rAl i
..
B,•.,.1 AAI,r.• MMN AMxrwn
4rr1. Ma,rlM ?v?l••,. r•-I?y. E.w?. "!p,••ibldr•,4vi,n«. M•O ?.C4A.
Store Warehouse Billing Stars _... ._.... Warehouse Billing .
Any I oeaNorl(s) IV11r Conforming ro AN Aaam Spec/fled (InlVelyd) Produd5s) A1usr By t4lsled On S?yrrrwra Apd?rrdNn?(> )
Ely oxecuting this Addendum, Dealer agrees to extend and apply the terms of its FMIC Dealer Agreement, which IF
incorporated herein by reference, tot .'above referenced Products. As set forth In the terms of the FMIC Authorized
Dealer Agreement, Pealor is gran a right use t".trademarkli relating to the Products specified In Item A
(abov(,). This authorization is rah cled to ,e ap Od address location(s) as listed In item 8 (ebovo) and shall be
in effect for the term set forth " F i ter Agreement.
_?`' (r fo3
Dealer e ? Date ?&
•
FMIC Approval„
Date
USA Rey 5103
FENDER MUSICAL INSTRUMENTS CORPORATION
This Agreement is made 0} 2004, between Fender Musical instruments
corporation,
8860 East Chaparral Road, Suite 100, Scottsdale, Arizona 85250 (hereinafter referred to as 'FMIC), and
-7WIPl6: R Gu;-r4R L-?p
60 mlfake-l-
a Ylve, ; 0i l 7 0 4-3
which is a of n the State of
doing business and having its principal place of business located at the above address (hereinafter referred to as 'Dealer).
In consideration of the mutual covenants contained herein, the parties hereto agree as follows:
FMIC hereby grants to Dealer, for a term of one (1) year commencing on January 1, 2004 (unless terminated or renewed pursuant to
paragraph 6 hereof), a non-transferable, non-exclusive right to display and sell musical km*w eats and other products bearing the trademarks
of FMIC as mutually agreed upon by FMiC and Dealer ('Products"). Dealer shag have the right to sell FMIC's Products only at the specific
business location(s) documented in writing by FMIC. Dealer may display and sell Products via Internet and/or mail catalog means only if
Dealer executes and complies with the terms of FMIC's Authorized Internet anchor Catalog DealerAddendum(s).
FMIC agrees to:
(a) Permit Dealer to purchase Products from FMIC for resale at retail under the payment terms and conditions established by FMIC in its sole
discretion, which may be adjusted from time to time In FMIC's sole discretion without notice to Dealer. FMIC reserves the right to allocate
Products among its authorized Dealers as it may determine in Its sole discretion.
(b) Provide Dealer with available parts and accessories, as required for the proper servicing of the Products, at Dealer net prices, which may
be adjusted by FMIC in Its sob discretion from time to time without notice.
(c) Make available to Dealer, in reasonable quantity and at a nominal charge determined by FMIC, advertising and promotional material for
the Products. Dealer acknowledges that the advertising and promotional material provided by FMIC represent a significant contribution to the
advertising and promotion of the Products by Dealer.
(d) Allow the non-misleading use of FMiC's trademarks relating to the Products on Dealer's premises and in advertising by Dealer, during the
term of this Agreement.
(e) Make available to Dealer current information on the Products through such means as FMIC shag determine in its discretion.
Deaf agrees to:
(a) Establish an FMIC Sales Plan and maintain an agreed upon inventory of Products at each Deaf location and to prominently display such
Products in attractive surroundings. At the beginning of each calendar year, Dealer and FMIC shag establish an FMIC Sales Plan for each
Dealer location that reflects Dealers particular requirements and market conditions. The FMIC Sales Plan shall be established jointly by
Dealer and its FMIC representative and shag set forth Dealers annual sales goals and a general plan for achieving these goals. Dealer agrees
to maintain the FMIC Sales Plan and agreed upon Product inventory at all times throughout the duration of this Agreement and to order all
Products necessary to maintain such Inventory. All FMIC Sales Plans and agreed upon Product Inventories shag be mutually modified from
time to time as necessary to reflect new Products and/or changing market conditions.
(b) Conduct an aggressive advertising and promotional. program for the Products and maintain a wall-trained sales farce that is
WwwAodgeable about the Products. Dealer will not take any actions that have an adverse effect on the Image, perceived value, reputation or
marketability of FMIC or the Products, including but ndt limited to complying with applicable FMIC MAP policies and trademark manuals.
(c) Actively support and promote the Introduction of new Products as they become available for distribution and promote such Products to the
retail market.
(d) Property use the trademarks of FMIC and its subsidiaries or affiliates (referred to herein collectively as the "trademarks") only with
reference to genuine Products manufactured andlor distributed by FMIC. For example, referring to CharveW products as Fendere products is
not proper use of the FMIC trademarks and will constitute a violation of this Agreement.
(a) Comply with any and all standards or policies established by FMIC, which may be modified by FMIC from time to time in its sole discretion,
relating to the advertisement. marketing, sale or distribution of the Products.
(f) limit activities relating to the sales of Products to within the boundaries of the United States. Dealer therefore agrees not to sell Products to
any dealer, agent, firm, individual or representative who is known or believed to sell products outside the United States on either a direct or
indirect basis or otherwise solicit or accept any orders for Products to be shipped outside of the United States.
(g) Dealer shag not offer Products for sale through or by means of a Mal Order catalog or the Internet unless the Dealer executes an
Authorized Mal Catalog Dealer Addendum or Authorized Internet Dealer Addendum. For purposes hereof, a `Mail Order Catalog' shall mean
any flyer, brochure or publication produced or circulated by Dealer that offers Products for sale by phone or mail order to potential customers
located outside of the territory directly serviced by Dealers retail bcaftXs). The right to sell through Mail Order Catalogs or the Internet will
be granted by FMIC to select dealers from time to time in its sob discretion and in accordance with the applicable Addendum.
(h) Inspect and prepare for delivery to purchasers each of the Products according to standards established by FMIC in its sole discretion.
Dealer further agrees to comply with any and all standards or policies established by FMIC, which may be modified from time to time in FMIC's
discretion, regarding the repair and warranty service of the Products. Repair service will be paid for by FMIC pursuant to the terns of its than
current warranty reimbursement procedures.
(1) Dealer hereby grants FMIC a purchase money security interest in all Products purchased by, shipped to or otherwise held by Dealer,
together with all proceeds, in order to secure the payment in fug of the purchase price of the Products and all other amounts, if any, owed by
Dealer to FMIC hereunder or otherwise. Dealer authorizes FM(C to file financing statements, In such jurisdictions as FMIC deems
appropriate, generally covering all Products from time to time purchased by, shipped to or otherwise held by Dealer together with all proceeds
thereof. Dealer will execute such further security agreements, financing statements and/or sky" agreements and provide financial
statements as FMIC may request in Its sole discretion. Dealer agrees to provide FMIC with personal guarantee(s) to satisfy any and all
EXHIBIT CO-
amounts owed on the Products. If and when requested by FMIC, and Dealer agrees to pay all outstanding sums owed to FMIC as and when
due, and Other agrees to pay FMIC simple interest on any overdue amounts at the maximum rate allowed by applicable state on such
overdue balance ur d paid in full. Dealer further agrees that FMIC may, In its sole discretion, cancel, suspend, pardally ship or otherwise alter
Dealer's orders for Products If Dealer Is not current on payments to FMIC.
4. EXCEPT FOR ANY APPLICABLE CURRENT PRODUCT WARRANTIES OF FMIC TO THE ENO CONSUMERS, FMIC EXPRESSLY
DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. FMIC will not, wrier any clrcunnstances, be liable to'Dealer for any consequential or kmddental damages or
for any lost profits or toss of business or goodwill.
5. Dealer agrees that FMIC has the sob right to select its dealers and manage the disbibutim of its Products. Any dealer who sells Products to
consumers therefore must execute and abide by the terns of the Authorized Dealer Agreement, and any applicable Addendurn(s), and thus
become an authorized dealer. Dealer shad not soft and/or barter any Products to another dealer or agent who is not an authorized dealer.
FMiCs Product warranties are only available to retail purchasers from an authorized dealer and any prohibited sae and/or barter of a Product
shad void such warranties and may result In termination of tits Agreement.
6. (a) The tern of this Agreement shad expire as of December 31 of the then current calendar year unless otherwise renewed by the parties
hereto. This Agreement may be renewed by the completion of an FMIC Sobs Plan for the Dealer for the following calendar year signed by
Dealer and authorized by FMIC. Dealer advrowledges that FMIC is under no obligation to offer Dealer an FMIC Sales Plan for any particular
year and that FMIC may establish appropriate deadlines to coEnpiete them. Execution by Dealer of an FMIC Saba Plan for any year shall be
deemed to be a reaMmatim of the terms and conditions of this Agreement. Notwithstanding the foregoing, either party shall have the right to
terminate this Agreement for any reason and at any time upon 30 days prior written notice to the other.
(b) The acceptance of orders from Dealer or the continuance of sobs to Dealer by FMIC after the e)pkatfon. unless renewed in accordance
with section 6(a) herein, or sooner termination of this Agreement shall not be construed as a renewal of this Agmerent for any further tern.
Upon termination of this Agreament, Dealer shall have no right to rooahre Products for resale or to use any of FMIC's trademarks, and FMIC
shall have no obligation whatsoever to deliver Products to Dealer for resale.
(c) Notwithstanding the foregoing, either party may terminate this Agreement immediately upon delivery of written notice to the other party in
the event such otter party fads to perform or otherwise is in breach of its obligations hereunder. In the event Dealer is in material breach of its
obligations hereunder, FMIC reserves the right In lieu of terminating this Agreement to suspend or forfeit any discounts, rebates or allowances
otherwise payable or available to FMIC authorized dealers or any program offered by FMIC from time to time. This Agreement shad terminate
automatically, without any requirement of notice, upon (t) any liquidation or termination of Dealer's business, the commencement of any
voluntary or involuntary barlwptcy proceedig against the Dealer, an assignment by Dealer for the benefit of creditors or the Invocation by the
Dealer of any laws for the relief of debtors or the canrtencement of any proceeding related thereto: or QI) any attempted direct or Indirect
transfer or assignment of the Dealer's rights under this Agreement without the prior written consent of FMIC. Unless otherwise permitted by
FMIC, any sale of equity securities of the Dealer shall be considered to be an attempted assownent of the Agreement. In addition, FMIC may
terminate this Agreement upon 1 Q days prior written notice In the event of a change In Dealer's executive or sales management personnel.
(d) Any written notice required by this Agreement may be given by personal delivery, mail, overnight courier or by facsimile at the respective
addresses of the parties set forth above and such notice shad be deemed given on thwdate of mailing or transmission, as applicable.
7. In the event Dealer defeutts in its obligation to make payment to FMIC for Products sold to Dealer, FMIC shad have the right to recover
Dealer all sums owed to ft, inclWhng Interest on overdue balances as heroin provided, and reasonable costs incurred in obtaining such
payment from Dealer, kmduding without Iknitation reasonable collections costs and reasonable attorneys' fees, and shall have the right t?any
exercise all remedies ft may have as a secured creditor.
8. Nothing herein shall create any association, partnership or joint venture or the relationship of principal and agent or franchisor and francbetween the. parties hereto. The parties are, with respect to each other, (dependent contractors. This Agreement Is not for the benefit othird party. Dealer agrees to Indemnify FMIC and hold it harmless from and against any and all damages (Including, without limitation, the
payment of all attorneys' fees expended by FMIC on account thereof) claimed by any third party resulting from Dealer's violation of any
provision of this Dealer Agreement.
9. (a) Failure by either party to this Agreement at any time to require performance by the other party of any provision hereof or to assert a claim
for a breach of any provision hereof will not be construed as a Vneral waterer of any right accruing under this Agreement, nor will ft affect such
partes right to claim for any subsequent breach of such provision.
(b) A Waiver of any right accruing to either party pursuant to this Agreement shad not be effective unless given In writing.
10. This Agreement contains the entire understanding of the pates hereto and supersedes, as of the date hereof, all prior agreements between
FMIC and Dealer relating to the subject matter hereof. This Agreement cannot be modified except by an Instrument in writing that is signed by
each party hereto provided that FMIC reserves the right to waive any term or condition of this Agreernent applicable to Dealer or to amend,
modify or supplement any or all policies, standards, procedures, terns, or conditions referenced herein. This Agreement may not be assigned
by the Dealer In whole or in part, by operation of law or otherwise, and any such purported assignment shad be void and o (no effect This
Agreement has been entered into in the State of Arizona and tla validity, interpretation and legal effect of this Agreement shell be governed by
the taws of the State of Arizona, without reference to conflict of laws provisions. The invalidity or unenforrxablNt)r of any provision of this
Agreement shad in no way affect the validity or enforceability of any other provision of this Agreement. This Agreement shad not be effective
until executed by FMIC.
-}INN IT,?7NESS WHEREOF, f parties hereto have executed this Agreement as of the date written above.
Dealer. ?/ jf &0.
Ferrier Musical Instruments Corporation
By:
By: r?_ r
Tide: ' Yn:LS%N?- Title: PRESIDENT
Corp ID #/Tax 10 #/SSN *Z'!57" i S / y t ?
Page 2
Rev. SB 1/04
Fender Musical Instruments
® Corp.
8860 E. Chaparral Road
www.fender.com Scottsdale, AZ 85250-2610 USA
Phone: (480)596-9690
Fax: (480)596-8227
lift i ali?
?
TRIPLE R GUITAR
300 MARKET ST
LEMOYNE PA 17043
Remit To: Fender Musical
Instruments
P.O. Box 52567
Phoenix, Open Item
85072-2567 7
List
Customer Number 1008688
Statement Date 08/19/2008
Our account with you
Open Item list on 08/19/2008
Acctg Clerk Collections - S8J
Page 1 of 1
N F
Days P8101- ua
: Amount
90935179 12/15/2006 568 578.56
90936550 12/18/2006 565 370.28
90943868 12/28/2006 555 10.08
16036202 02/25/2007 511 19.21
1512501 03/01/2007 585 1,110.83
Partial Payment on Inv 9091,2380
91015441 03/26/2007 467 806.42
16036842 04/01/2007 476 26.59
16037372 04/29/2007 448 20.64
16038053 05/27/2007 420 25.52
91076399 05/29/2007 403 578.55
16038715 07/01/2007 385 33.57
16039315 07/29/2007 357 28.77
16039910 08/26/2007 329 33.21
16041297 09/30/2007 294 41.84
16041919 10/28/2007 266 34.45
16044000 01/27/2008 175 151.61
Interest
16044438 02/24/2008 147 45.99
interest
16044958 03/30/2008 112 61.33
Interest
14256692 04/21/2008 120 100.00-
Balance on key date 08/19/2008.......... ----------------------
3,877.45
Items due on 08/19/2008..........
3,877.45 I
1. : £}lEifU1.-4 :'t3pDtJ 91 ACCT BALANCE
0.00 0.00 0.00 0.00 3,877.45 $3,877.45
EXHIBIT
a ?
VERIFICATION Q ?' Lg:' eAz--) , a ? (?-& ??L
(name) (title)
of FENDER MUSICAL INSTRUMENTS, INC., verify that the statements made in the
aforegoing document are true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to
authorities.
By:
Title:
Dated: Ip
R MUSICAL INSTRUMENTS, INC.
35004
Triple R
? ?-? ?,.?
:.
___ ?? ? 3
??
? ? _
9, ? D r,x
,?
.. :,
3 ___
4?H .? v
Sheriffs Office of Cumberland County
R Thomas Kline 40640V st cumbe Edward L Schorpp
Sheri f } , Solicitor
Ronny R Anderson 1 Jody S Smith
Chief Deputy OFFICE OF THE SHERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03/06/2009 03:40 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
March 6, 2009 at 1540 hours, he served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Triple R. Guitar, LTD d/b/a Triple R. Guitar, by making known unto Randy
Robertson owner of business, at 300 Market Street, Lemoyne, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct ropy of the same.
SHERIFF COST: $42.82 (PAID)
March 14, 2009
SO ANSWER
R THOMAS KLINE, SHERIFF
-tie ri
Pu Y e
Docket No. 2009-1245
Fender Musical Instruments, Inc. v Triple R Guitar LTD
ZO
-
s C.tl
.V
A
FENDER MUSICAL INSTRUMENTS, INC.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-1245 CIVIL TERM
TRIPLE R GUITAR, LTD d/b/a Triple R Guitar CIVIL ACTION - LAW
Defendant
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND-COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Please enter judgment in favor of Plaintiff and against Defendant(s) TRIPLE R
GUITAR, LTD d/ b/ a Triple R Guitar, named for failure to file within the required time an
Answer to the Complaint in the above-captioned case and assess the Plaintiff's damages
as follows:
Amount claimed in Plaintiff's Complaint $4,652.94
Interest at the statutory rate of 6% per annum from April 22, 2008 279.18
Total = $4,932.12
I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed
or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the
default occurred and at least ten (10) days prior to the date of the filing of this Praecipe and
a copy of the notice(s) is/are attached.
KODAK & IMB M, P.C.
By
Robert D. Kodak, Attorney for Plaintiff
DATED: 414#109 Judgment entered and dama es assessed as above.
J1
rothonotar
LAW OFFICES OF
KODAK & IMBLUM, P.C.
CAMERON MANSION
Robert D. Kodak 407 NORTH FRONT STREET
Gary J. Imblum POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
www.kodak-imblum.com
March 31, 2009
TRIPLE R GUITAR LTD DBA
TRIPLE R GUITAR
300 MARKET STREET
LEMOYNE PA 17043
RE:
VS:
Ladies and Gentlemen:
Telephone
717.238.7152
Facsimile
717.238.7158
Fender Musical Instruments Corp.
Triple R Guitar LTD. d/b/a Triple R Guitar
Our File No. 35004
No. 09-1245 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take
action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office
of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount
as set forth in said Complaint.
Very truly yours,
RDK/ bjh
enclosure
cc KIM OLINS
KODAK P.C.
Robert D. Kodak
robert.kodak@kodak-imblum.com
JONATHAN NEIL & ASSOCIATES INC
18321 VENTURA BLVD STE 1000
TARZANA CA 91356
338178-0 333
FENDER MUSICAL INSTRUMENTS, INC. IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 09-1245 CIVIL TERM
TRIPLE R GUITAR, LTD d/b/a Triple R Guitar CIVIL ACTION -LAW
Defendant
IMPORTANT NOTICE
F TO: -TRIPLE R GUITAR, LTD DB/A TRIPLE R GUITAR, Defendant(s)
DATE OF NOTICE: March 31, 2009
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
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 REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
Pfl A?
!4
'o g a,(ao1
04 .2a4a33
FENDER MUSICAL INSTRUMENTS, INC.
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-1245 CIVIL TERM
TRIPLE R GUITAR, LTD d/b/a Triple R Guitar CIVIL ACTION - LAW
Defendant
TO: TRIPLE R GUITAR, LTD d1bla Triple R Guitar, Defendant(s)
You are hereby notified that on AUra ogq , 20the following
(Judgment) has been entered against you in the above-captioned case.
judgment entered in the amount of $4,932.12
DATE: v L D
- iNi-
rI hereby certify that the name and address of the proper person(s) to receive this notice is:
TRIPLE R GUITAR LTD
DBA TRIPLE R GUITAR
300 MARKET STREET
LEMOYNE PA 17043
PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
FENDER MUSICAL INSTRUMENTS IN THE COURT OF COMMON PLEAS OF
8860 E Chaparral Road, Scottsdale, AZ 85250 Cumberland COUNTY, PENNSYLVANIA
Plaintiff Writ No. Term 20
Vs No. 2009-1245 Term 20 09
TRIPLE R GUITAR LTD dba Triple R. Guitar
300 Market Street
Lemoyne, PA 17043
DEFENDANT(S)
Amount Due
4/24/09 jdmt ............... $ 4,932.12
Interest from 4/24/09-5/1/09
0.81 per diem ............... $ 5.67
Atty's Commission
5% statutory rate ............ $ 246.60
Costs (to be determined) $
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania
(2) against TRIPLE R GUITAR LTD dba Triple R. Guitar
een ants;
(3) and against M & T Bank
Garnishee(s);
(4) and index this writ
(a) against TRIPLE R GUITAR LTD dba Triple R. Guitar
Defendant(s) and
(b) against M & T Bank
arms ee s ,
as a lis pendens against the real property of the defendant(s) in the name of the Gamisheels) as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy):
LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN
CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELECTRONICS, SUPPLIES, ETC.,
AND GARNISH M & T BANK, 1 W. HIGH STREET, CARLISLE, PA, FOR ANY AND ACCOUNT(S) UNDER DEFENDANT(S)
NAME(S).
(5) Exemption has (not) been waived.',
Robe D. od , Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 5/1/09 Attorney For Plaintiff(s)
(o)gol £ aln? aaS •pansap sl suopuod sil use Sulxapul pug MOM s! aagsiwgs ag13o oumu otp ul duodad Imp 4luo pmoldwoo aq plnogs (qxq) gd-orJad
'(q)Vol £ aing -S 'kmouo poid aq) 6q f4-- iv-p w asjnoo jo su pannb2i sl gulxopu! f4unoo j2giouv
of sans! jum oql uagm '(e)to 1 £ aln-dAq pazuotpnv sg pansap sl `Oougmss1 jo f4tmoo otp ul suonnooxo oq) jo gul,opu! j! Aluo polaldwoo oq plnogs (g)(y) gdvllmlud
(I!- agl ul papnloul aq o) sl aags!mmg pawgu g ul Aluo palaldwoo aq plnogs anogg) (£) gdvjSulud
O
O
N
cI
N E^
V
N
z
3
,panssl golgm ul f4Unoo ag)3o JJuags 341 01 ,Sluo palaanp aq Matu juowSpnf pamajsuu» g uo panssi ipm g (o)£o l £ aln'l iapun
•palgolpul aq plnogs [lunoo agl •(q)£ol £ aln-l 6q pozuoging sg diunoo aagaoug 30 •l3uags agl of palaanp sl lpm agl uagm (l) gdejSwvd lapu fl
31ON
H
vi
V7
b
w
VI
./? v
.? H
H 'b
> U
r-
C) C= 1
O ?tLl Oct O g c2
1 00
z
?-y
U
O
w
w
a
U
to
N
flj Gpn
0 ?
xa
.Q
A
N
A
0
P4
0
Oo 'V
V
cx?
4
V
-M
. :
2
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-1245 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FENDER MUSICAL INSTRUMENTS, Plaintiff (s)
From TRIPLE R GUITAR, LTD d/b/a TRIPLE R. GUITAR, 300 Market Street, Lemoyne, PA
17043
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the defendants at the above address, including but not limited to furniture, jewelry, electronics,
supplies, etc. .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
M&T BANK, One West High Street, Carlisle, PA 17013
Any and all accounts under defendants names.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $4,932.12 L.L. $.50
Interest from 4/24/09 - 5/01/09 at $.81 per diem -- $5.67
Atty's Comm 5 % - $246.60 Due Prothy $2.00
Atty Paid $162.32 Other Costs to be determined
Plaintiff Paid
Date: 5/04/09
Y, U
Curtis R. Long, Prothonotary
lil
(Seal) By: iA 4A If, R
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108-1848
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
Sheriffs Office of Cumberland County
Thomas Kline ?? .•, dt cra+r?b"'j ire Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/11/2009 03:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 11,
2009 at 1530 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Triple R Guitar, LTD, in the hands, possession, or control of the
within named garnishee, M&T Bank, 1 West High Street, Carlisle, Cumberland County, Pennsylvania,
17013 by handing to Lisa Broughton, Customer Service Representative personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
2009-1245
Fender Musical
VS
Triple R Guitar
Instruments Inc.
LTD
So Ansers,
R. rhomas Kline, Sheriff
By_Zj
Deputy Sheiff
O
'j i
FENDER
TRIPLE R
dba TRIP]
M&TB
TO THE
TO:
Dated:
INSTRUMENTS IN THE COURT OF COMMON PLEAS OF
Plaintiff CuMberland COUNTY, PENNSYLVANIA
v
GUITAR LTD
,E R GUITAR
NO. 2009-1245
CIVIL ACTION - LAW
Defendant(s)
v
Garnishee
PRAECIPE
JOTARY:
dissolve the Garnishment issued against M & T Bank, Garnishee in the
Led matter.
land County
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
FILL 1 1 r
r THr
20 69 MAY 29 h 3: 24L
Curti
!l`'IT
P E NSY?,v' "!"A
4 8.00 pa f.,V ry
my a(#as
A# MS 9"
,w
Sheriffs Office of Cumberland County
R Thomas Kline (.1600 at cambcr44# haWara L Schorpp
Sheri Solicitor
;
Ronny R Anderson x Jody S Smith
Chief Deputy OFFCE Of NE s+MRIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/11/2009 03:30 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 11,
2009 at 1530 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies
of the within named defendant, to wit: Triple R Guitar, LTD, in the hands, possession, or control of the
within named garnishee, M&T Bank, 1 West High Street, Carlisle, Cumberland County, Pennsylvania,
17013 by handing to Lisa Broughton, Customer Service Representative personally three copies of
interrogatories together with three true and attested copies of the writ of execution and made the contents
there of known to her.
05/27/2009 R. Thomas Kline Sheriff, who being duly sworn according to law, states this writ of execution is returned
STAYED, per request from plaintiff.
- SO ANSWERS,
May 27, 2009 R THOMAS KLINE, SHERIFF
aron R. Lantz
13
01) .
G 9 26
V
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED, per request of plaintiff s attorney.
Sheriff s Costs: Advance Costs: 150.00
Costs to close out: 47.48
Sheriff s Costs: 197.48
Docketing 18.00
Poundage 98.64
Prothonotary 2.00
Law Library .50
Mileage 18.90
Surcharge 30.00
Levy 20.00
Garnishee 9.00
Postage .44
TOTAL $ 197.48 So Answers;
R. Thomas Khne, Shenff
By Sharon R. Lantz
9O.01V q-?tlW6001
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-1245 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due FENDER MUSICAL INSTRUMENTS, Plaintiff (s)
From TRIPLE R GUITAR, LTD d/b/a TRIPLE R. GUITAR, 300 Market Street, Lemoyne, PA
17043
(1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of
the defendants at the above address, including but not limited to furniture, jewelry, electronics,
supplies, etc. .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
M&T BANK, One West High Street, Carlisle, PA 17013
Any and all accounts under defendants names.
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $4,932.12
L.L. $.50
Interest from 4/24/09 - 5/01/09 at $.81 per diem -- $5.67
Atty's Comm 5 % - $246.60 Due Prothy $2.00
Atty Paid $162.32
Plaintiff Paid
Date: 5/04/09
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: KODAK & IMBLUM
PO BOX 11848
HARRISBURG, PA 17108-1848
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
Other Costs to be determined
b63 f-
Curtis R. Long, Prothonotary
By: YMtu -
eputy
41-
FENDER MUSICAL INSTRUMENTS
Plaintiff
v
TRIPLE R GUITAR LTD dba
TRIPLE R GUITAR
Defendant(s)
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY,, PENNSYLVANIA
NO. 2009-1245
CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Please satisfy the above-referenced judgment and discontinue the case.
TO: Cumberland County
Prothonotary
Dated: Tune 22, 2009
Robert D. Kodak, Esquire
Attorney for Plaintiff
Attorney I.D. No. 18041
ri -
f
- it