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HomeMy WebLinkAbout04-2360COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW VERIZON DIRECTORIES CORP. Plaintiff VS. MICROENTERPRISES, INC. Defendant : CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND MARGLE, P.C. By: ~ Ronald Amato, Atty ID #32323 Michael Kennedy, Arty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 C LOLl Vd 81s!lJeO ~eeJ~S 45!H ~se3 ueJ. ej!nbs:t '4os!~ IJeO :i~O0~; '6 ^ln¢' uo p!edeJd e§m, sod 'l!eUJ sselo zsJ!~ e!^ pe^Jes se~ lU!eldUJo~) p~pueLu¥ s,~Lp, u!eld ~0 Adoo ~oeJ,oo pue enJz e zeqz sa!~!ZJeO peu§!sJepun eqJ. 301A1:13S dO 3J.~OIJI.L~I]O (s)3uepue~eO NOI±OVqlAIO I!^!O 098E-1~0 'ON 'ONI ' S3S1~1d~13 J. N30~IOIIN 'SA ~g.u!eld 'd~O0 S31t:lO.LO3t:lla NOZII:I3A M¥'1 - NOI.LOV "llAI:) VIN'v'A"IASNN::Id 'A.LN~O'D QNV'II:F:ISINI"I:) JO SV::rld NOIAIINOO .::J,O J.~rlO0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES, CORP. Plaintiff VS. MICROENTERPRISES, INC. CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $36,917.30, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, VERIZON DIRECTORIES, CORP., is located at 35 Village Road, Middleton, Massachusetts. 2. The Defendant, MICROENTERPRISES, INC. is located at 1004 Rana Villa Avenue, CAMP HILL PA 17011. COUNT I Breach of Contract Plaintiff is engaged in the publishing business and publishes a telephone directory known as the Verizon Yellow Pages. 4. Plaintiff, at Defendant's special instance and request, entered into various written contract(s) whereby Plaintiff inserted advertising matter in various editions of the Verizon Yellow Pages in the amount(s) and for the price(s) set forth in said contracts, true and correct copies of which are attached hereto, made a part hereof and marked Exhibit "A". 5. Under the terms and conditions of said advertising contracts, Defendant agreed to pay the total amount(s) due in monthly installments for the period(s) listed, as more fully described in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "B". 6. While Plaintiff performed and complied with Defendant's special written request and advertised in accordance with Defendant's consent and approval, all to tire Defendant's benefit, Defendant failed to make payments when due. 7. After Defendant breached said above contract(s) in failing to make payments due on a monthly basis, Plaintiff, pursuant to the terms and conditions of said contracts, accelerated all payments due thereunder. 8. The prices charged for the aforesaid advertising are just and reasonable and are those which Defendant promised, in writing, to pay Plaintiff. 9. Defendant received and accepted the benefit of said advertising, as more fully described in Exhibits attached hereto, and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $18,772.64. 10. As set forth in the aforesaid contracts, attached hereto as Exhibit "A", Defendant agreed to pay Plaintiff interest on the above amount, determined by applying the agreed interest rate of 18.00% per annum on the total accelerated balance of $18,772.64. Accordingly, Plaintiff is entitled to interest at the agreed rate from June 1, 2000 through May 24, 2004. Accordingly, the total amount of interest due to Plaintiff is $13,451.50. 11. Plaintiff is entitled to have the agreed interest charge continue to accrue as set forth above, from May 24, 2004 on down to the date of judgment in this matter. 12. As set forth in the attached contracts, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff. Presently, Plaintiff is due attorneys' fees in the mount of $4,693.16, for a total due of $36,917.30. 13. Plaintiff has made demand against Defendant for the aforesaid amount, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $36,917.30, together with the continually accruing interest charge at the agreed rate of 18.00% per annum from May 24, 2004, and costs of suit. COUNT II Alternative to Count I - Unjust Enrichment 14. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 15. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 16. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 17. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 18. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 19. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the quantum mer~it value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $18,772.64. WHEREFORE, Plaintiff demands judgment against Defendant for $18,772.64 together with the continually accruing interest charge at the statutory rate of 6% per. annum from May 24, 2004, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND MARGLE, P~C. BY:~~~;~/ Ronald A~ato, Arty ID //32323 Michael Kennedy, Arty ID #72412 Michael Lessa, Arty ID //88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, ',~"~/") ~ ,verify that i am //~//~,~"' for Verizon Directories Corp., the entity responsible for publishing directories in Pennsylvania. i am authorized to make this verification on behalf of plaintiff. The statements made in the attached Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. NOTARY PUBLIC STATE OF TE~S Print Date: 03/03~000 Customer ID: 103099163 Account Telephone Number: BELL ATLANTIC BILLING SUMMARY Sal~s District: (717) 737-5335 Hani~bum Pase # 01197 Listing Name: MicroE, Technology Centre Address: 1004 Rana Villa Ay Camp Hill Contact Name: Tod Shedloskv-Pres 17011-0000 DIRECTORY SUMMARY Billing Telephone Number: f717) 73%5335 Pub. Month: Dir Co~eg Dir~tow; Curr~nt Issue: Next Issue: 5100 422P HAI~RISBURG MET YP $7.25/Mo $7.25/Mo 5/00 532P HARRISBURG WP $0.00/Mo g0.00/Mo Billing Telephone Number: (717) 737-..7q'Sg~ ,l~. b, Month: Dir Cgde; Dir~tory: Current Issue: N~t 51~ 422P ~SB~G ~T ~ S l,053.~o $ I.B~,00~o 5l~ 532P ~SB~Q ~ $19. 75~o $19. 75~o Monthly SubTotal: $1,871.00/Mo Monthly Grand Total: $1,871.00/Mo * Directories included in the monthly ~btot~l The undersigned Adve~sex h~reby appli~ for ~lv~xti$ing d~ribed ~ove ~d for fll ~mt i~ ~fil ~s ~t is t~in~ in ~c m~ d~ on ~e ~ si&. ~e Ad~ ~s to p~ ~11 Atl~fi~ ~o~ S~ Inc. or i~ ~li~ ("Bell A~fic"~ ~o ~o~t ~o~ ~ ~e ~W MO~Y TOT~ ~ ~: $1,87l.~o This agreement is subject to the TERMS AND CONDITIONS set forth on the reverse si&. Adver6ser acknowledges that he/she has read and agrees to such TERMS AND CONDITIONS, PARTICULARLY PARAGRAPH 6 WHICH LIM ITS THE AMOUNT THE ADVERTISER MAY RECOVER FOR ERRORS IN OR OMISSIONS OF ADVERTISING. Non-print directory items are subject to separate terms and conditions and appear on this Application for billing purposes only. / - . ~ y ep : MIZZI RICHARD REP ID: 27120 ~HIBff ADV CE NOTE: · IFNWIC~ISINCO~RECT, SUBh~ACI~'~ACOWS~I PLEASE NOTE CO~ENTS: · IF C~, ~ ~E ~ 422 06105 A1 7].77375335 MOP Computers-Renting & Leasin8 2000 4 Harrfsburg Metro - PA tekpdnter43 1265268 R Pi5 27120 Penn-Del Directo~j Company PO Box 5807 2608 Market Place Harrisburg, PA [71],0-0807 103099163 7177375335 422P 2000 06[05 A3. [255268 Mar-24-2~t,, 'I'ERMS AND CONDITIONS PAGE I OF 1 STATEMENT MICROENTERPRISES INC, t004 RANA VILLA AVE CAMP HILL PA 17011 IN ACCOUNT WITH VERIZON ONE TIME CHARGE FOR DIRECTORY ADVERTISING 00 HARRISBURG 10 MONTHS 3 DAYS @ $19.75 PER MONTH 00 HARRISBURG 10 MONTHS 3 DAYS ~ $1851.25 PER MONTH Telephone Charges Payments $199.45 $18,679.83 $893.36 ($1,000.00) 267505 717 141 3374 839 PLUS A 25% COLLECTION FEE TOTAL EXHIBIT $18,772.64 VERIZON DIRECTORIES CORP. Plaintiff IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICROENTERPRISES, 1NC. Defendant CIVIL ACTION - LAW NO. 04-2360 CIVIL TERM TO: VERIZON DIRECTORIES CORP. and its counsel, AlVIATO AND MARGLE, P.C. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. PRELIMINARY OBJECTIONS AND NOW, comes Microenterprises, Inc., by and through its attorneys, Martson Deardorff Williams & Otto, and hereby preliminarily objects as follows: 1. On May 25, 2004, Plaintiff filed a complaint seeking to collect an alleged debt evidenced by various documents attached to Plaintiff's complalm as Exhibits "A" and "B." 2. Exhibit A attached to Plaintiff's complaint indicates that the creditor is an entity called "Bell Atlantic Directory Services, Inc." 3. The Plaintiffin this action is Verizon Directories Corp. OBJECTION 1 LEGAL INSUFFICIENCY UNDER PA.R.C.p. 1028(a)(4) (DEMURRER) 4. Paragraphs 1 through 3 are incorporated herein as if~ully set forth. 5. Assuming all the facts set forth and/or admitted in Plaimiff's complaint are true, no theory of law will permit Plaintiffto recover when the parties to these documents are the Defendant and Bell Atlantic Directory Services, Inc., and not Vefizon Directories Corp. 6. Plaintiff' has failed to allege any facts connecting Verizon Directories Corp. to the debt alleged in the complaint; therefore, Verizon Directories Corp. has failed to state a viable cause of action against Defendant. WHEREFORE, this Court is asked to sustain Defendant's preliminary objections on the ground of legal insufficiency and dismiss the complaint with prejudice. Date: June 30, 2004 MARTSO~ D~EARDORF_F WILLIAMS & OTTO Carl C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Sl!reet Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant 2 VERIZON DIRECTORIES CORP. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MICROENTERPRISES, 1NC. Defendant NO. 04-2360 CIVIL TERM CERTIFICATE OF SERVICE I, Carl C Risch, certify that a copy of the foregoing was served by First Class Mail as follows: Date: June 30, 2004 Ronald Amato, Esq. Michael Kennedy, Esq. Michael Lessa, Esq. 107 North Commerce Way Bethlehem, PA 18017 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff VS. MICROENTERPRISES, INC. Defendant No. 0'4-2360 CIVIL TERM CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND MARGLE, ]~,C. ~/ By: Ron~d ~ato, A~~3 Michael Kennedy, ~.ty ID #72412 Michael Lessa, Arty ID ~88617 A~omeys for Pl~ntiff 107 No~ Co~ce Way Bc~lchm, PA 18017 (61 O) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES, CORP. Plaintiff VS. MICROENTERPRISES, INC. Defendant(s) No. 04-2360 CIVIL TERM CIVIL ACTION AMENDED COMPLAIiN~ The above Plaintiff brings this action against the above Defendant to recover the sum of $36,917.30, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, VERIZON DIRECTORIES, CORP., is located at 35 Village Road, Middleton, Massachusetts. 2. Plaintiff is the successor in interest of Bell Atlantic Directory Services, Inc. in that Bell Atlantic merged with GTE and Bell Atlantic was the surviving corporation of said merger and thereafter changed its name from Bell Atlantic to Verizon. 3. The Defendant, MICROENTERPRISES, INC. is located at 1004 Rana Villa Avenue, CAMP HILL PA 17011. C_COUNT l Breach of Contract 4. Plaintiff is engaged in the publishing business and ipublishes a telephone directory known as the Verizon Yellow Pages. 5. Plaintiff, at Defendant's special instance and request, entered into various written contract(s) whereby Plaintiff inserted advertising matter in various editions of the Verizon Yellow Pages in the amount(s) and for the price(s) set forth in said contracts, true and correct copies of which are attached hereto, made a part hereof and marked Exhibit "A'. 6. Under the terms and conditions of said advertising contracts, Defendant agreed to pay the total amount(s) due in monthly installments for the period(s) listed, as more fully described in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "B". 7. While Plaintiff performed and complied with Defendant's special written request and advertised in accordance with Defendant's consent and approval, all to the Defendant's benefit, Defendant failed to make payments when due. 8. After Defendant breached said above contract(s) in failing to make payments due on a monthly basis, Plaintiff, pursuant to the terms and conditions of said contracts, accelerated all payments due thereunder. 9. The prices charged for the aforesaid advertising are just and reasonable and are those which Defendant promised, in writing, to pay Plaintiff. 10. Defendant received and accepted the benefit of said advertising, as more fully described in Exhibits attached hereto, and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $18,772.64. 11. As set forth in the aforesaid contracts, attached hereto as Exhibit "A", Defendant agreed to pay Plaintiff interest on the above amount, determined by applying the agreed interest rate of 18.00% er~ on the total accelerated balance of $18,772.64. Accordingly, Plaintiff is entitled to interest at the agreed rate from June 1, 2000 through May 24, 2004. Accordingly, the total amount of interest due to Plaintiff is $13,451.50. 12. Plaintiff is entitled to have the agreed interest charge continue to accrue as set forth above, from May 24, 2004 on down to the date of judgment in this matter. 13. As set forth in the attached contracts, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any' balance due Plaintiff. Presently, Plaintiff is due attorneys' fees in the amount of $4,693.16, for a total due of $36,917.30. 14. Plaintiff has made demand against Defendant for the aforesaid amount, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $36,917.30, together with the continually accruing interest charge at the agreed rate of 18.00% l~er annum from May 24, 2004, and costs of suit. COUNT II Alternative to Count I - Unjust Enrichment 15. Plaintiff incorporates the allegations of every pa~:agraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 17. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 18. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 19. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 20. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the uan~ meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $18,772.64. WHEREFORE, Plaintiff demands judgment against Defendant for $18,772.64 together with the continually accruing interest charge at the statutory rate of 6 % er ap_gr_~_~_R~ from May 24, 2004, costs of suit and all other relief to which Plaintiff may be justly entitled. ~2OUNTIII (Breach of Settlement Agreemen0 21. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 22. The parties, prior to suit engaged in settlement discussions. 23. On or about November 21, 2002 Defendant made an offer to settle. 24. On or about November 21, 2002 Plaintiff accepted Defendant's offer to settle. 25. The offer consisted of Plaintiff accepting $8,000.1)0 to settle which would be paid at the rate of $1,000.00 on or before November 29, 2002 and thereafter in monthly installment of $800.00 beginning January 1, 2003. 27. 28. payments. 29. 30. 28. p ' ' , lamtfff' s counsel confirmed said settlement in writing, a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "C" 26. Defendant made one payment in the amount of $1,000.00. Defendant failed to pay the balance of the settlement. Counsel for Plaintiff called Defendant various times in regard to the default in Defendant has breached said agreement by failing to pay the settlement. Plaintiff requests that the court enforce the settlement and enter judgment against the Defendant in the amount of $7,000.00, with interest thereon. WHEREFORE, Plaintiff demands judgment against the Defendant for $7,000.00 together with the continually accruing interest charge at the statutory rate of 6.00% er ap_~._~_~__~ from January 1, 2002, and cost of suit. AMATO AND MARGLE, P.C. By: Ronal}t AmitY, ~y ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION _, Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subiect to the penalties of 18 PA, C.S. §4904 relating to unsworn falsification to authorities. BELL ATLANTIC BILLING SUMMARY Print Date: 03/03/2000 Customer ID: 103099163 Account Telephone Nm-nbex: Sales Disl~i~. (71 '/) 737-5335 Harrisbura Listing Name: MicroE, Technology Centre Address: 1004 Rana V'dla Av Camp Hill Contact Name: Tod Shedloslcv-Pres 17011-0000 DIRECTORY SUMMARY Page # 01/97 Billing Telephone Number: (717) 737-5335 Pub. Month: Dir Code; D/rectory: ~ Next Issue: 5/00 422P HARRISBURG MET YP 5/00 532P HARRISBURG WP $7.25/Mo $7.25/Mo $0.00/Mo $0.00/Mo Billing Telephone Number: (717) 737-~'78'~ ~ ..Pub. Month: Dir Code; Dir~tory: ~ Next Issue: 5/00 422P HARRISBURG MET YP $ 1,053.00fMo $1,844.00/Mo 5/00 532P HARRISBURG WP $19.75fMo $19.75,qMo Monthly SubTotal: $1,871.00fMo Monthly Grand Total: $1,871.00/Mo * Directories included in the month/y ~btotal The undersigned Advertiser hereby applies for advertising described above and for all subsequent issues until this agreement is terminated in the manner described · . or its affiliat~ ("Bell Atlantic") on the reverse sade. The Adverlaser agrees to pay Bell Atlantic D/rectory Serv/ces, Inc. the amount shown/n the NEW MONTHLY TOTAL stm_~ h~-"/n: $1,871.00/Mo This agreement is subject to the TERMS AND CONDITIONS set forth on the revers~ side. Advertiser acknowledges that he/she has mad and agrees to such TERMS AND CONDITIONS, PARTICULARLY PARAGRAPH 6 WHICH LIMITS THE AMOUNT THE ADVERTISER MAY RECOVER FOR ERRORS IN OR OMISSIONS OF ADVERTISING. Non-print d/rectory items are subject to separate terms and conditions and appear on tiffs Application for billing purposes only. Printed Name&Title:,~..~_?~. ..... ~ '"~-~'/ ~-'~--- ~'~/~ .... -/ ....._~-'_--~- - ' 9 ~_.?_~ ........ Signature: ........ T ....... ~ CA-,'~'OML~:I RICHARD REP ID: 27120 NOTE: · Le ADVICE iS iNCORRECT, SUIJ~gl, A CHANG~ COPY SHEET1 · IF COERECT, NO RESPONSE IS NECESSARY. PLEASE NOTE COMMENTS: 422 06105 A1 7177375335 MDP Computers-Renting & Leasing 2000 4 Harrisburg Metro - PA tekprinter43 ]265268 R P15 27120 Penn-Del Directory Company PO Box 5807 2608 Market Place Harrisburg, PA 17110-0807 MICR L _/ 103099163 7177375335 422P 2000 06105 A1 1265268 Mar-24-2o~,. TERMS AND CONDITIONS 'rs~ulrepa?mentsina~za~publlcaQ~nwhenitdeemsita~r.~ .... '~. ' ~ ".- PAGE 1 OF 1 STATEMENT MICROENTERPRISES INC. 1004 RANA VILLA AVE CAMP HILL PA 1701'1 iN ACCOUNT WITH VERIZON 267505 717 141 3374 839 ONE TIME CHARGE FOR DIRECTORY ADVERTISING 00 HARRISBURG 10 MONTHS 3 DAYS @ $19.75 PER MONTH 00 HARRISBURG 10 MONTHS 3 DAYS @ $1851.25 PER MONTH Telephone Charges Payments PLUS A 25% COLLECTION FEE TOTAL $199.45 $18,679.83 $893.36 ($1,ooo.oo $18,772.64 LAW OFFICES OF 3 VIATO AND MARGLE, P.C. SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 Ma~gle Direcl Dial: (6[0) 865-9e//0 M~rgle Voice Mail: (610) 366-2484 RONALD AMATO? STANLEY J. MARGLE, IIH- MICHAEL J. KENNEDY? PAUL A. CACCIAMAN!? MICHAEL R. LESSA? OF COUNSEL: JEFFREY H. LEVI?? Mr. Todd Shedlosky Microenterprises, Inc. 1004 Rana Villa Avenue CAMP HILL PA 17011 November 21, 2002 Re: Verizon Directory Svcs-PA vs. Microenterprises, Inc. Our File #: 2022871 Dear Mr. Shedlosky: This letter will confirm that our client is willing to accept your offer of $8,000.00 in full settlement of this collection claim. The settlement is to be funded with an initial payment of $1,000.00, due in this office November 29, 2002 and subsequent monthly payments of $800.00, commencing on January 1, 2003 with a final payment of 8600.00. All future payments will be due on the 1st of the month. In order to insure proper credit, all checks under this agreement are to be made payable to 7Ronald Amato - Arty for Verizon" and forwarded to our Bethlehem office, If you have any questions regarding the aforementioned, please do not hesitate in contacting our office. As time is of the essence of this settlement, it is required that this settlement be funded in a timely fashion. As Verizon has agreed to accept, pursuant to the terms and conditions of this settlement, an amount less than the full principal balance plus collection charges, they reserve the right to require COD payment terms on all future advertisements until and unless any compromised balance is paid. FORWARDED VIA FACSIMILE AND REGULAR MAIL TO (717) 737-4712 Very truly yours, AMATO AND MARGLE, P.C. By: Ronald Amato SHERIFF'S RETURN - CASE NO: 2004-02360 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VERIZON DIRECTORIES CORP VS MICROENTERPRISES INC REGULAR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MICROENTERPRISES INC the DEFENDANT , at 1533:00 HOURS, at 1004 RANA VILLAGE AVENUE CAMP HILL, PA 17011 TODD SHEDLOSKY, on the 24th day of June , 2004 by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.32 Affidavit .00 Surcharge 10.00 .00 47.32 Sworn and Subscribed to before me this '/ ~ day of L. A.m. P~cTchonot ary So Answers: R. Thomas Kline 06/28/2004 AMATO & MARGLE VERIZON DIRECTORIES CORP. Plaintiff MICROENTERPRISES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-2360 CIVIL TERM TO: VERIZON DIRECTORIES CORP. and its counsel, AMATO AND MARGLE, P.C. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHiN NEW MATTER WITHiN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAiNST YOU. ANSWER AND NOW, comes Microenterprises, Inc., by and through its attorneys, Martson Deardorff Williams & Otto, and hereby answers as follows: 1. Denied. After reasonable investigation, Defendant is unable to admit to the allegations in paragraph 1. 2. Denied. After reasonable investigation, Defendant is unable to admit to the allegations in paragraph 2. 3. Admitted. 4. Denied. After reasonable investigation, Defendant is unable to admit to the allegations in paragraph 4. 5. Denied. Plaintiff is attempting to paraphrase the contents of a document which speaks for itself. Moreover, after reasonable investigation, Defendant is unable to admit to the allegations in paragraph 5. 6. Denied. Plaintiff is attempting to paraphrase the contents of a document which speaks for itself. Moreover, after reasonable investigation, Defendant is unable to admit to the allegations in paragraph 6. 7. Denied. While Defendant did not pay Plaintiff all the money it demanded, it is denied that Plaintiff is legally or equitably obligated to pay Plaintiff the sum demanded. Denied as a conclusion of law. Denied. Defendant avers that the charges for the advertising are not just and 9. reasonable. 10. Denied. After reasonable investigation, Defendant is unable to admit to the allegations in paragraph 10. 11. Denied. Plaintiff is attempting to paraphrase the contents of a document which speaks for itself. Moreover, after reasonable investigation, Defendant is unable to admit to the allegations in paragraph 11. 12. Denied as a conclusion of law. 13. Denied. Plaintiff is attempting to paraphrase the contents of a document which speaks for itself. Moreover, after reasonable investigation, ]Defendant is unable to admit to the allegations in paragraph 13. 2 14. 15. 16. 17. 18. 19. 20. $18,772.64. 21. 22. 23. 24. 25. allegations in paragraph 25. 26. [Plaintiff's 28]. Admitted. No response required. Admitted. Admitted. Denied. Defendant denies that Plaintiff has suffered any damages. Denied as a conclusion of law. Denied as a conclusion of law. It is also denied that the value of the services is No response required. Admitted. Admitted. Admitted. Denied. After reasonable investigation, Defendant is unable to admit to the Admitted in part, denied in pa~rt. It is admitted that the letter is an attempt by PlaintifFs counsel to define the terms ora settlement agreement. However, Defendant denies that the terms of the settlement agreement have been appropriately defined by the letter. After reasonable investigation, Defendant is unable to admit to Plaintiff's characterization of the terms of the settlement agreement. 27. [Plaintiff's 26]. Denied. After reasonable investigation, Defendant is unable to admit to the allegations in paragraph 27. 28. [PlaintiWs 27]. Admitted in part, denied in part. While it is admitted that Defendant did not pay the balance of the settlement, it is denied that the Plaintiffhas properly characterized the amount of the settlement in its First Amended Complaint. 29. [PlaintiW s 28] Denied. After reasonable investigation, Defendant is unable to admit to the allegations in paragraph 29. 30. [Plaintiff' s 29] Denied as a conclusion of law. 31. [PlaintiW s 30] No response required. NEW MATTER 32. Defendant avers that the charges for the advertising are not just and reasonable and that there was no meeting of the minds as to the amount Defendant should pay. Therefore, Defendant is only obligated to pay a just and reasonable amount for the advertising. 33. Defendant avers that the contract with Plaintiff was modified by the parties in a settlement agreement. 34. Any amount due and owing to Plaintiffunder the original contract is not enforceable in view of the settlement agreement which modified the terms. WHEREFORE, Defendant requests that the Court dismiss Plaintiff's complaint with prejudice and find for Defendant. MARTSON DEARDORFF WILLIAMS & OTTO Date: August 6, 2004 Carl C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-334l Attorneys for Defendant 5 VERIFICATION Tod Shedlosky, who is President of Defendant and acknowledges that he has the authority to execute this Verification on behalf of the Defendant certifies that the foregoing is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is of counsel and not my own. 2[ have read the document and to the extend that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belie£ To the extent that the content of the document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, which provides that IfI make knowingly false averments, I may be subject to criminal penalties. /,/ VERIZON DIRECTORIES CORP. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICROENTERPRISES, INC. Defendant CIVIL ACTION - LAW NO. 04-2360 CIVIL TERM CERTIFICATE OF SERV1C_~_E I, Carl C. Risch, certify that a copy of the foregoing was served by First Class Mail as follows: Date: August 6, 2004 Ronald Amato, Esq. Michael Kennedy, Esq. Michael Lessa, Esq. 107 North Commerce Way Bethlehem, PA 18017 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW YERIZON DIRECTORIES CORP. Plaintiff VS. MICROENTERPRISES, INC. Defendant(s) No. 0,~l-2360 Civil CIVIL ACTION PLAINTIFF'S REPLY TO NEW MATTER 32. Denied. This averment constitutes a conclusion of law co which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 33. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 34. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff requests Your Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer of the Complaint. AMATO AND MARGLE, P.C. Rohald Am~t~'Atty 'iD #32323 Michael Kennedy, Al:ty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerc,e Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff : No. 04-2360 Civil VS, MICROENTERPRISES, INC. Defendant(s) CIVIL ACTION : CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Reply to New Matter was served via first class mail, postage prepaid on August 25, 2004: Carl Risch, Esquire Ten East High Street Carlisle PA 17013 AMATO AND MARGLE, P.C. By: Ronald Amato, ~tty ID //32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ==~l BY: A~T~V~ "~ =~ z73 3036 ~AR~LE, P.e.; CREDIT' CLEARING ROUSE ~ NYNEX/BAYP ~003/007 $40 8~6 9~55; AUfl-f0-O4 f~:~AM; PA~E 2 of hiS/her knowledge, information and belief. ttnderstan~s ~ha~ the Statements herein are made subjec~ ~o the penalties of 18 PA C.S. Section 4904 rel'attn~ to Uneworn VErifiCATiON -- _ Of VE~I~$G~ DI~fECTORZE$ CORp. Plaintiff in this a=t~n, an~ verifies that the statements made i~ the 'attached Re~ly to New ~tter are true and Correct to the best falsification to authorities. The Undersi~ned ¥ Il Notary Public II C°mmon.wealth'of Measachuse~ ]J My C.o.mm[~lo_n Expires IL_ M.¥ ~, ~oe' -- COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. · Plaintiff : VS. : : ~ICROENTERPRISES, INC. : Defendant(s) : No. 04-2360 Civil CIVIL ACTION PRAECIPE TO DISCONTINUE WITH PREJUDICE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please discontinue the above-captioned case WITH prejudice. AMATO AND MARGLE, P.C. By: ~ ~:ty ID #32323 Michael Kennedy, Atty ID //72412 Michael Lessa, Al:ty ID//88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400