HomeMy WebLinkAbout09-8440AVISO
USTED 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 medio 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 POR 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 COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
THOMAS PUBLISHING LLC.
THOMASNET.COM/THOMAS
INDUSTRIAL NETWORK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
NO.
v
OVEN INDUSTRIES, INC.,
Defendant(s) CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, Thomas Publishing LLC. ThomasNet.com/THOMAS INDUSTRIAL
NETWORK, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit
against the Defendant to recover the sum of FIVE THOUSAND SEVEN HUNDRED
EIGHTY SEVEN DOLLARS AND FIFTY CENTS ($5,787.50), along with interest thereon
at the statutory rate of 6% from July 8, 2009, upon a cause of action of which the following
is a statement:
1. The Plaintiff, Thomas Publishing LLC. ThomasNet.com/THOMAS INDUSTRIAL
NETWORK, is a corporation organized and existing under the laws of the State of
New York, having its principal office and place of business at 5 Penn Plaza, New
York, NY 10001.
2. The Defendant, OVEN INDUSTRIES, INC., is a corporation having its principal
office and place of business at 207 HEMPT ROAD, MECHANICSBURG,
CUMBERLAND COUNTY, PENNSYLVANIA 17055.
F:\USER\TONYA\COMMON PLEAS CMFS\COMPLAINTS\THOMAS PUBLISHING\36017.wpd 2
3. Defendant, OVEN INDUSTRIES, INC., is a corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, as more fully set forth on the
Pennsylvania Department of State Corporation Bureau print out attached hereto,
marked Exhibit "A" and made a part hereof.
4. On or about November 14, 2007, Plaintiff and Defendant entered into a Service
Contractforwritten and online publication of industrial and manufacturing resources,
a true and correct copy of which is attached hereto, marked Exhibit "B" and made
a part hereof
5. On the dates, in the amounts, and for the prices set forth in a true and correct copy
of the Plaintiffs Customer Statement hereto attached, marked Exhibit "C" and
made a part hereof, Plaintiff performed labor and provided services of the kind and
description set forth on said Exhibit to the total amount of FOUR THOUSAND SIX
HUNDRED THIRTY DOLLARS AND ZERO CENTS ($4,630.00).
6. The prices charged for said labor performed and services provided 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.
7. Due to the default of Defendant, and pursuant to the terms and conditions of the
Service Contract executed by Defendant hereto attached as Exhibit "A", attorney's
fees\collection costs in the total amount of ONE THOUSAND ONE HUNDRED
F:\USER\TONYA\COMMON PLEAS CMPS\COMPLAINTS\THOMAS PUBLISHING\36017.wpd 3
FIFTY SEVEN DOLLARS AND FIFTY CENTS ($1,157.50) have been added to said
account and made a part hereof.
8. The balance due and owing by Defendant(s) to Plaintiff is the sum of FIVE
THOUSAND SEVEN HUNDRED EIGHTY SEVEN DOLLARS AND FIFTY CENTS
($5,787.50), as shown on Exhibit "D" hereto.
9. 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 FIVE
THOUSAND SEVEN HUNDRED EIGHTY SEVEN DOLLARS AND FIFTY CENTS
($5,787.50), together with interest as set forth herein.
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
F:\USER\TONYA\COMMON PLEAS CMPS\COMPLAINTS\THOMAS PUBLISHING\36017.wpd 4
Respectfully submitted,
KODAK & IMBLUM, P.C.
Business Entity
Page 1 of 2
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History
Date: 8/12/2009 (Select the link above to view
the Business Entity's Filing
History)
Business Name History
Name Name Type
OVEN INDUSTRIES, INC. Current Name
KERRY MICHAEL, INC. Prior Name
OVEN INDUSTRIES, INC. Prior Name
Business Corporation - Domestic - Information
Entity Number: 3292423
Status: Active
Entity Creation Date: 3/21/2005 9:42:15 AM
Registered Office Address: 207 HEMPT RD
MECHANICSBURG PA 17050-
Mailing Address: No Address
Officers
Name: MICHAEL D CARLINI
Title: President
Address: 207 HEMPT ROAD
MECHANICSBURG PA 17050-21
Name: KERRY KRAFTHEFER
Title: Secretary
Address: 207 HEMPT ROAD
MECHANICSBURG PA 17050-21
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FtAEM
copyright ® 2002 Pennsylvania Department of State. All Rights Reserved.
Exhibit
https://www.corporations.state
8/12/2009
Nov 14 07 06:49p MediaMarketing Partners 717-399-7797
qThomasNet.com-
Powvod by lrhoM" Y49Wer' and Thomas Reglond"
Fat the Swtlndestrial:S wckPSaults„-Go Straighten V% Source
Thomas Industrial. Network; S Patin Plaza; New York, NY 1 DD01
Service Contract
OVEN INDUSTRIES` _..,
207 HEMPT ROAD
MECHANICSBURG, PA 17055
P.1
Contractor: Beverly Martin
Name: Ann, Fagan
Phone: 717 76"721
Fax: 717 766-4786
E-mail: ann@ovenind.com
Mtebsite. Inclusion
D Up to 2D00 Pages (Feb '2DO8 . Jan '2009)
Qznirinn Rnir**- NAfiftnul
Product beading Location Quantity Ser*A Period
Controllers: Laboratory Temperature (96126396) 1 Feb 2008 - Jan '009
Controllers: Thermoelectric (960t3313) 2 Feb 12008 -Jan "2909
Controls: Thermmoetectric (95951679) 1 ' Feb '2008 - Jan '20M
Probes: Temperature (63559702) 1 Feb ,20.08 - Jan 2009
Probes; Themiistor (96920294) 1 Fab TOW :ian''2009
Sensors: Thermistor (95920302) 1 Feb -2008 - Jan '2009
Thermal Systems (95949673) 1 Feb '2008 - Jan '2009
Thermisfors (b48922M 2 Feb '2008 - Jan '2009
Preview Ads:
WIN appear under the following product categories, includes one Ranking Point: State National Service Period
D ControDers: Thermoelectric X Fab '2008 - Jan 12009
Content Based Link Package Feb 2008 -Jan '2009
Program Buider 2008 Version 9.16 1 W1112007 Contract Sioned:1012312007 (2006 hates)
TGRAMS 03OW0730VEN INDUSTMES, h
Exhibit
Page 3 of 5
Nov 14 07 06:49p . MediaMarketing Partners
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717-399-7797
FAX NC-
717-399-7797
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Ptoduac*1 irnexime fi
Intaarie t Sduilans $4,5W.OD
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Seiwtai 59AAD
Diacst "is
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Total Markelin Program
Auth or(zatiad;
7h* undw. igned {tMe'"Clientl hereby assurnes sit IimbiW for dient provided coMent. Publisher reserves the agh to reje-t Mff r$I.
xnsidered to be un bble for Thcm4s Information Prcduels. It,is agreed that all applicabi9 spedlicolions, eandtlcns, terms and
dtthor agnsetnertla written and punted on this and subsequent payee of this ordrx am part of the tinder and artpt Ing: riot so appear
dxs not apQfy Orders sia8'i he deemed accepted in New York tti* when wnfimied in writing ty Publistitt or,updir..: D?!blication of
the 1'hornac iniom= on Products in sWetsnricformat with tfent'sVrograrn material inclined. CarvOlatienawie not:beaoceptwd
after V* dozing dead line. For furtherirtiormation regarding Publishers cancellation policy see the attached Terms and CohdiAmvL
The undemigned has received, read and understood the v pagm of this order.
OVEN INDUSTRIES
A,- -Alt
Aut4win A V?gn7 4612 DM
PMrarn9wWw2OD Verabn 9.96 10131=7 Cantrad Sigr*d' 0!)3!2W7 (2006 Rates)
TGRAMS SG9i473 OVEN INOUSTRIES. MM?iAN CSBM0 PA
Page 3 of 5
TERMS AND CONDITIONS
CONTRACT AND COPY REGULATIONS:
lT iS AGRW THAT ALL CONDITIONS, TERMS AND O"ER AGREEMENTS
PR1K= N TENS ORDER ARE PART OF THE ORDER AND ANYTiiNtG HOT SO
APPEARING DOER NOT APPLY (EXCEPT TO THE EXTENT EXPLICITLY
REFETtM TO HEREM.
PROGRAM DESCRIPTION:
(Applies only to those items Purchased as part Of this order)
Marfatrtg Programs on Thomas Websites: Client's program writ run for the
eervice period of 12 months (Program Year) as defined by this order.
ThomisslNtPratfir rs
Rankling PoNrts: Ranting points automatically determine company order of
appearance when a -Directory Product SsarW is conducted on ThomesNet.oon
State d National Ra ikk Pride: Purchased State a National ranking points will take
clot an ThomsiaNsLoom based on the Program Year defined by this order. Final
order or appearance is determiad each quarter after all Thomas orders have been
prate: therefore, rriorty of placement carmot be guaranteed.
ltstkhgs: A maximum of three listings under a Products and Services category,
subject to editorial dkcrmim is available for every $150 of advertising ordered. Up to
75 words of descriptve triformatan under each ikft is permitted subject io editorial
discretion and limited to descriptive text further describing the product or service.
Preview Ads-. Thomas Preview Ads are graphic images (kV. or gin. images) hosted
on Thomasllet.com and are displayed at the Client's listing(s).
Web Indasioa: Spidering d Clet's website cortem will generate appearance on
ThomesNet.com when a Web Results" product search is conducted Client's webshe
content assists in determining the Camps order or appearance on ThomasNet.oom
when a Web Search is done.
Links:
Content Based Litt Package: Publisher's editors will create links from Client's
listings at Thomas product categores to a C)larTs webske. where appropriate content
appears.
Link Matching Program: Publishers editors will create Irks at all Thomas product
categories In which the Client has made a ThomasNet coin purchase.
Individual Lurks: Publisher's editors will create a fink from a Products and Services
hating to the Client's website, where appropriate content appears. Publisher has the
fight to withhold links when appropriate content does not exist on client's webske.
Slate Rank rg Extension to State Markets: Ranking Points. Preview Ads. and Links
are replicated into additional State Markets.
Quarterly Upload: A Client's program on wtiwv ThomasNet corn can be modified
quarterly during its program year. Clients will be able to reallocate their Investment
and adjust their program as follows" (a) Clients can move Ranking Pants. Preview
Ads and/or Links Rom one headig to another or between stale and natlonat: (b)
Clients can add to their Ranking Potts. Preview Ads arxVor Links at existing program
locations or at new locations. Clients canna reduce their program subject to the terms
in the Cancellation clause. These changes MR take effect with the Quarterly Uploads
in: February. May. August and November.
Thomas Global Pmgrwm:
Ranking Pointe Ranking points automatically determke company order of
appearance when a -Directory Product Search' is conducted on
ThomseGlobalRegleter.com. Purchased ranking points will take effect on
TlhnrnasGlobalRegister.com based on the Program Year defined by this order Final
order of appearance is determined each quarter after all Thomas orders have been
processed: therefore. priority at placement cannot be guaranteed.
LictMrgs: Up to 50 words of descriptive information under each Wig is permitted,
subject to editorial discretion and linked to descriptive tad hoftr describing the
product or service. Your Nstif can be presented in any or the Thomas Global
supported languages for a separate charge per larguagdDer heading.
Links:
Publishers editors will create links Ran Chant's listings at Thomas Global product
categories to a Client's webeite, where appropriate content appears.
Company Logoftoduct Ads:
images will be dbpksyed on-screen within a space of 311 pixels wide by 311 goats
deep. Image may be submitted in GIF or JP format.
Electronic Catalogs:
TranSlated catalog pages will appear m4ne in HTML format. Materials for production
may be submitted in HTML pages. Brochures of PDF. Any special instructions should
be submitted with materlals. Materials or instructions should be provided at least 30
days before publtshiny on internat.
Quarterly Upload: A CNert's program on wait thcmasalobal corn can be modified
quarterly during its program year. Clients will be able to reallocate their investment
and adjust Oak program as follows: (a) Clients can move Ranking points from one
heading to another. (b) Clients can add to their Rankin Points at existing program
locations or st new locations. Clients canna reduce their program subject to the terms
in the Cancellation clause. These changes will take effect with the Quarterly Uploads
.
kin: February. May, August, and November
GENERAL. CONDITIONS:
Client Ltabli ty for Content Client and Its agents assume all liability for the content
of all information. data. and other materials furnished to Publisher by Client and is
agents in oormection with this order ("Chant Materials'). and warted and represent
that (i) the Client Materialss, froluding but nit kt*Ad to graphic materials andfor third
party owned components contained therein. do not lift gs or txoW my fi t irt,' .
copyright, trademark, proprietary or contractual right, or any other claim of any other
person: and (k) the rise of any third party trademark or copyrighted material included
in the Clent Materials is duty authorized under a license Rom the trademark or
copyright owner. N such a Wastes, Is required Upon written request. Client will
prodder publisher with reasonable documentation of Chant's right to use any
intellectual property to be khekxded in Thomas informational Product(s) of any webste
Inked thereto.
IndarsniNcatlom: Client hereby indemnifies and agrees to save harmless Publisher
and each of Its afthlates. directors, stockholders. officers. employees, agents
successors and assipM (each an "Indett bbl and collectively. the'rndemnitteW)
from and against any and all claims. liabilities. damages, losses. costs and expenses
(includi g. without brhitatbn, amounts paid In saltstadion of kdgmwft m
compromtises and settlements, as Mn and penalties and legal or other costs and
expenses of investigating or defendig against any claims or alleged claims. and
reasonable attorneys tins and comb) of arty nature whatsoever. liquidated or
uNiquldated (collectively. "Losses' and. individually. a "Loss'). that are incurred by
any Indernnhee and arise out of or in oonnealion with (() the breech of any
representation, warranty or oovenant of Clem hereunder. (h) any Client Materials. (IN)
any action taken by Client In connection herewith, or (iv) the unlawful or improper
interception or use (by a third party or the Client or Its agents) of any data provided or
maintained in connection with the Clients use of Thomas informational Products.
except to the extent any such Lass shah arise from the wWAd misconduct or gross
negligence of the hnde rhea.
Per %MW PublWrer Acdorm For pteviaw ad programs, in the avant the Client
does not provide appropriate material in time for publication, Publisher may, in k
diecratiom, but shat! Ad be obligated to, use the Client's name and address and
appropriate product Intonn"M to complete the proptam ordered. Cheri agrees that
Publisher shah have no liability for any errors or omissions with recpat to such use.
Publisher shah have no obligation to WAN or update the Client's Thomas program
during rte term of this AgrWMert for any reason, inuring, without imitation,
charges in Chart's product fine or Catalog khmimion; provided that Client and
Publisher may agree In writing that Publisher may make spechic updates to the
C MW* Thomas program at prices to be neectiated. Unkxs Client and Publisher
expressly agree otwwite In wrtkg. any such update shall be governed by and
subject to these Terms arid 0driditim.
Lknbtm of Li@WNty: Pab)IMNr shall rail be Nable for airy errors cr omissions
with.. to WrIgS and l1nb (Including the failure 10 publish same), and
they shag not be c:ortsktered as a basis for reduction of the amount of this
conhaet Once C Wit program has been published an Thomas Website(s), any
errors caused by Publisher will be ooneded at no charge. such correction shell be
Client's Wle remedy for any errors or OMWBk fl6 by Publisher arising out of or in
connection vft this order.
Except as specifically provided above. Publisher wall not be liable to client for any
damages, losses, came or uacpernees artaing out of (i) unauthorized access to or
alteration of lXiert data, any, material or date sett or faceived or not sent or received,
or any transaction altered through Ems. (1) any threatening, defamatory,
obsoene. clienatve or ihegat contartt oroandud of any other party or arty khfringement
or ereotwfs rWk lea I clkg ktelloo f property nights. (Nf) the availability, use.
reliance art krobRy to utilise or improper use of Thomas Webske(s) Services or
Thomas Informational Products. (i) any breach by Publisher of fts obligations
hcraurtdef, M any of het sraion or taikse to ad by Publisher, whether or not such
adiorh is oasempIa' hereunder, or (N) the roaiQes contemplated by this omen,
except for wish dareeenges loses, awls or eupehaea arickg out orthe wrctlfit
misconduct or grow neglaertee of Publisher. Thomas industrial Network Inc. will not
be responsible for any dab" or system dow rtime caused by strike, lookout riot or
civil disorder. terrorist act epidemic, war or other lately slim government
reguiation, fee, communioalion line facture. act of God, or other cause beyond is
control.
TMS 200
tNo4rcitstandrhg anything to To contrary contained herch Client agrees that the
Publishers else liabily, hereunder elxd In all cases be kinked to the amount Client
paid Pubhaher hereunder. In no aver* *0 the Pubfiamr be liable to Client for any
ixfirect, specie( pun iva. Incidental orconsequentid datrages;, even if PubWw shat
have been advised of the passibility d such damages or is nephgent, and regardless
of the form of action, whether in contract. tat. or otherwise
01setairnerof WarranWs: THOMAS INFORMATIONAL PRODUCTSAND
SERVICES ARE Pi OVIDEO TO CUENT BY THE PUBLISHER ON AN AS IS', -AS
AVAILABL E* SAM SUBJECT TO THE PROVISIONS CONTAINED HEREIN FOR
CLIENTS WENOUIIL USE ONLY. ANY OTHER USE OR ATTEMPT TO USE
THOMAS INFORMATIONAL PRODUICTS FOR OTHER PURPOSES, DIRECTLY OR
INMECTLY, BY CLIENT OR BY A THIRD PARTY 15 PROHIBITS UNLESS
O(PLICITLY STATE OTHERM= ANY tMV FEATURES THAT AUGMENT OR
El"NCE THE CURRENT SERVICE SHALL BE SUBJECT TO THESE TERMS
AND CONDITIONS CLJENT EXPRESSLY AGREES THAT ENTERING OR USING
THE THOMAS INFMMATIOAK PRODUCTS W AT C1.0 08 OWN RISK
PUBLISH M DOES NOT MAKE, AND HEREBY S PRESSLY DISCLAIMS, ANY
AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE
PRODUCTS AND SERVICES TO BE PRWIDED BY PUBLISHER TO CLIENT
HERSINOER. *XLUDIM, WITHOUT LIMITATION, ANY REPRESENTATIONS
AND WARRANTIES WITH RESPECT TO NON•INFRIGEMENT.
MERCHANTA80.TY, OR FITNESS FOR A PARTICULAR PURPOSE. PUBLISHER
MAKES NO WARRANTY THAT THOMAS MIFORMATK)NALPRODUCTS WILL BE
UNINTERRUPTED. TIMELY. SECURE, OR ERROR FREE
U town- CAN* nut atIrm and fir Publisher to use all Client Materials in the
appropriate Thomas IrtormMional Products and to male the Chad MateaiMs
available to subscribers and other Mlyd Parties. Publisher reserves the right to display
Client materidee on other Internet Was as doomed aiitabk for the content therecf.
As a precondition to Publishers inclusion and use of Client Materials in Thomas
Idomceional Products, end in order to irduree Publisher to Iheki de and use the client
Materials In Thomas Irtanlatond products, whether in whole or In part, Clent hereby
grads to Pub-der a non•eha lu0va world-wide, and royalty-five license in and to the
Client MalaniaM (Including. but not limited to, arty and at copyright and other
intellectual property rights tlrekh and thereeb). with N-right sand Ituttnorty ro ite rn efly
use copy, reproduce. marl-y, display. transmit, and dioirlbute the Cited Materials,
prelim deria i waft from and of the Client Materials (indudirg but not kinked tan,
by means of. Thomas htormadiow Products). ewblbsnse the Cheri MaIeriak to third
Aa bas retained by Publisher, and use or treat the Gist Materials in such other
manner as may be necessary for the Purpose of including and using the Client
Materials in Thomas informational Products
Proprlatsry Rlghlr Cheri adowAsilges that all oopyr N% polaris, trade Secrets
and otter intelleduah propedy , Inn a led in itle Thanes Ntannedonaf Products
(regardles dt medla), other than tactual content provided by the Client. shall belong
exciueiwaly to Publisher. Cited shah not copy, de-compile, reverse engineer,
sublicense or dltglbfte arty of the Thomas trdormatonal Products without the prior
wrktan consent of Publisher.
PAYAMM TERM:
Payments: Payment for each Thomas invoice shall be due within 30 days a the date
Of the mvoice. A service charge d 1 112% per fnatth will be added to each balance
unpaid 60 days past due. If outside agendee are used to collect such balance, their
reasonable collection tees (including fags( exposes) will be charged and added to
the batence cokadible. K a irpai action is brought to op-ed such balanm Client will
not mace any d lalm apalhet the Publisher as a co rterolaim at ad-off in the action,
and hereby value the fight to male sane, If any such ooatadain or set-off is
asserted in such action. reasonable legal Incurred in defending Publisher
against It shall be charged and added to the balance collectible.
Crack Card Payments: Client Is responsible for beeping Clherfs Credit card
hnfOfmadal up to date. Publishes reserves Vie right to saspand Clients account and
PxbChpatnn in any Thomas kdbrusai onaf Product K for any reason Publisher is not
able to process payment 1Mough the credit card tied provided.
Bl-Ig Payment Plant:
Each Product associated with this order will be baled apprn+dmatey one month prior
to the service commencement deft assoetakd with each product. Additions to
products will be billed upon the commencement service date for the newly purchased
tem.
Mo ##V Biting Plan-
To grm-ly For a monthly billing plan the product total must emeed a net total of
$2.000.
Each product associated with this, order wlch quekhes for monthly being will start
baling over monthly installments awmilimetdy 30.45 days prior to the service
commencement date of each product The 1lmt invoice you receive may also Include
the option to pay your produt In full and take advantage of a Full" discoed wikh
is to be ddwft ,Ad by Pubb" at the time bona; occurs la your produds (actuding
additions rW aeston). Subsequent montMy irmc ces will be mailed once the fast
montMy IrWAIment payment is received by Publisher.
Additions to peoduds that Have commenced monthly billing will be billed over the
number of unbied monde remaking on your payment plan and upon the
com mvernent service date for the newly purchased tem.
Discawrls. The Volume Cisooud is earned based on the total ThomasNet program
brig an this order. Vol me diacasnt applies to all customers spendhp a minimum
gross annual amount dS8,000. The dheearrtt stalls at5% and incrementally
Ihaeases 0.5% per additionat $1.000 up to a mahdrrwm of 20%.
OTHER TERMS:
Order Atseptilinm Orders shall be deemed auzepted in New York Qtly if and when
cortfrmad in wrNlg by the Rasther or upon WMcel im of Thomas Informational
Procurer(s) in electroft Ion, hat with Client's program matenst Included
CW#g Deadtlnes: The deadlines are 45 days prior to the commencement of the
earliest W ve period appearing on the order. Publisher shall have no obligation to
Include any of Cbd Malnlale received alter Publishers deadlines for Thomas
Irtormatoret Products. Cknre kaTure to subunit trout materials by the deadline,
however. will not be deemed grounds for redutiot, disconl, or cancellation of any
order contracted for hereunder.
Cancellation: AN ration requests must be in writing and sent to the Publisher
at the address Shown on this order by nVillered mail or any 00W method Of delivery
that requires a spnatue car the recipiad. Chest may cancel without c harge 10 days
from the date the ts0 order is signed. AS donoellaticrs received alter the Initial 10
days and prfo to the rdevard doskn deadline are Subject to a 50% charge in
consideration for the preliminary aperee of processing the order. Cancellations will
not be accepted altar the relevant closing deadline.
Material Rognkemsnts. AN Giant Materiels received from the Client and its agents
must campy with Publishers specBCatbns which can be provided by your Thomas
representallive
Twn*wtkm. Publisher may tamninate this order at any time efWIM Immediately
upon written notice to Clot) in the event that Client faits to pay any fees, charges, or
expenses when due of Pubkalner detenmves that Cited has materially breachad any
covenant, represertation, or warranty of this Agreement.
TFOMiN Industrial Search Marketing
Br
Web a Solutions
Branding
E . 1 C P l E A ? $ S E . SO L L l 7 7 d m R E S L 7 9 . G l o b a l
Measurement
TPICo LLC
Dept. CH 14193 Pay your invoice online at www.tpcoservice_com
Palatine, IL 6W55-4193
CUSTOMER STATEMENT
OVEN INDUSTRIES
207 HEMPT ROAD 6/8/2009
MECHANICSBURG PA 17055
Attention: Accounts Payable Customer Number 27430
Current Amt 31-60 Days Due 61-90 Days Due 91-180 Days Due 181-360 Days Due 361+ Days Due ` Total Amount
$0.00 $4,630.00 $4,630.00
Product / s Inv Date Invoice No. Net Billed Adjustment Prin. Paid Receipt Number Payment Amt. Prin. Due
Internet 1/31/2007 45246001 $432.00 $0.00 $432.00 $0.00
0000004985 $432.00
Internet 3/31/2007 45246002 $864.00 $0.00 $864.00 $0.00
0000005306 $864.00
Internet 4/30/2007 45246003 $432.00 $0.00 $432.00 $0.00
0000005523 $432.00
Internet 5/31/2007 45246004 $432.00 $0.00 $432.00 $0.00
0000005727 $432.00
Internet 6/30/2007 45246005 $432.00 $0.00 $432.00 $0.00
0000005901 $432.00
Internet 7/31/2007 45246006 $432.00 $0.00 $432.00 $0.00
0000006027 $432.00
Internet 8/31/2007 45246007 $432.00 $0.00 $432.00 $0.00
0000006288 $432.00
Intemet 9/30/2007 45246008 $432.00 $0.00 $432.00 $0.00
0000006400 $432.00
Internet 10/31/2007 45246009 $432.00 $0.00 $432.00 $0.00
0000006657 $432.00
Internet 12/3112007 45246010 $4,630.00 $0.00 $0.00 $4,630.00
----------
Total Outstandin - ----
g : -----
27430 - --- --
,$.4,630.00
' Industrial Newsroom invoices are not inch
Exhibit
% ui
+Ka / t a
iR4'1 Al/i SOLUM" Mok.
Statement of Account
10/30/2009
Advertising in the 2008 Program of the THOMASNET COM
Company Name:
Customer Number:
invoiced Gate:
OVEN INDUSTRIES
27430
12/31/2007
4,630.00
Original Amount Clue: $
Less Payment Received: $
Balance Due: $
Plus Collection Costs: 0.25 $
(25 % of Balance Due)
Payment Received from
Collection Agency
Toil Due:
4,630.00
1,157.50
5.787.50
Exhibit -I)-
r-Ar-02,2MS- 10:16 KODAK AND IMBLUM P.C. 717 238 7158 P.07
i
VERIFICATION
it Lam yam-- , fyc,7t' 4 "Jt?,
(nme) me)
of THOMAS PUBLISH LNG ThomasNet.com, verify that the statements made in the
(- k(c
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.
THOMAS PUBLISH I NG/ThomasNet. corn
By. Ce UC-,
Title:
Dated: nAe w _l. -i yp9
?- Eran Nevo
Executive Director - Billing and Collections
35865/557100
VALLEYCUSTOM
TOTAL P.07
29 tlC ?7 3:23
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# 114'1
(p35
a0,4
David H. Martineau, Esquire T t'
Attorney I.D. No. 84127
Salzmann Hughes, P.C. n?
354 Alexander Spring Road, Suite 1 24t`
Carlisle, PA 17015 a
(717) 249-6333 tltl L,JjjjE
Attorney for Defendant y!
-
THOMAS PUBLISHING, LLC.
THOMASNET. COM/THOMAS
INDUSTRIAL NETWORK,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 09-8440
CIVILACTION - LAW
OVEN INDUSTRIES, INC., JURY TRIAL DEMANDED
Defendant
PRELIMINARY OBJECTIONS
TO SECOND AMENDED COMPLAINT
AND NOW COMES Defendant, Oven Industries, Inc., by and through its attorneys,
Salzmann Hughes, P.C., and files these Preliminary Objections to Plaintiffs Second Amended
Complaint:
1. Plaintiff filed its Complaint in this matter on or about December 7, 2009, seeking to
recover sums it alleges to be due under a written contract.
2. Defendant objected to Plaintiffs Complaint on the grounds that the entire written contract
upon which Plaintiff s suit is based was not attached to the Complaint and that the Plaintiff
did not allege acceptance of the written contract, that purported to be an offer.
3. In response to Defendant's Preliminary Objections, Plaintiff filed an Amended Complaint
on or about August 3, 2011.
4. Defendant objected to Plaintiff's Amended Complaint on the grounds that the pages
attached to the Complaint, purporting to be the written contract, were from two different
contracts and that the entire alleged contract between Plaintiff and Defendant was not
attached to the Complaint; that by accepting the contract as alleged in the Amended
Complaint, Plaintiff was conducting business in Pennsylvania without being registered to
conduct business in Pennsylvania, therefore lacking capacity to bring an action in a
Pennsylvania Court; and that the charges allegedly unpaid related to a different time period
than the time period covered by the alleged contract.
5. In response to Defendant's Preliminary Objections to the Amended Complaint, Plaintiff
has filed a Second Amended Complaint, confirming that Plaintiff cannot produce the
alleged contract with Defendant and in its place, attaching pages that Plaintiff believes to
be "what the three (3) missing pages would have looked like ..."
6. Plaintiff claims to have accepted the offer by performance in February 2008.
7. The performance was not required to be performed outside of Pennsylvania.
8. Exhibit D to the Second Amended Complaint indicates that Plaintiff claims to have
demanded payment of fees under the alleged contract in December 2007, prior to accepting
such contract.
9. Plaintiff has attached parts of two different documents to the Second Amended Complaint.
10. Plaintiff has not attached the full document of the alleged contract to its Second Amended
Complaint.
Preliminary Objection 1
Demurer - Failure to Include Written Contract
11. Paragraphs 1 through 10 are incorporated herein as if set forth in full.
12. Where a plaintiff seeks to recover under a written contract, the plaintiff must attach a copy
of the written contract to the complaint. Pa.R.C.P. 1019(1).
13. Plaintiff here seeks to recover under a written contract.
14. Plaintiff has attached parts of two different documents to its Amended Complaint as
Exhibits "B" and "C."
15. Plaintiff admits in its Second Amended Complaint that it cannot produce the full alleged
contract between Plaintiff and Defendant.
16. Plaintiff has failed to attach a copy of the written contract applicable to the services for
which Plaintiff seeks to recover.
WHEREFORE, Defendant, Oven Industries, Inc., objects to Plaintiffs Complaint and
prays this Honorable Court to dismiss Plaintiffs Complaint with prejudice.
Preliminary Objection 2
Demurer - Failure to State a Claim
17. Paragraphs 1 through 16 are incorporated herein as it set forth in full.
18. Exhibit "B" to Plaintiff s Second Amended Complaint alleges to be an offer not, valid until
accepted by Plaintiff by written acceptance or by electronic publication of materials.
19. Plaintiff alleges to have accepted by publication in February 2008.
20. Exhibit "D" alleges an invoice demanding payment in December 2007.
21. By making a demand for payment prior to acceptance, Plaintiff has altered the terms and
made a counteroffer.
22. Plaintiff does not allege that any counteroffer was accepted by Defendant.
23. Plaintiff has failed to allege facts sufficient to establish that any contract was formed.
WHEREFORE, Defendant, Oven Industries, Inc., objects to Plaintiffs Complaint and
prays this Honorable Court to dismiss Plaintiffs Complaint with prejudice.
Preliminary Objection 3
Demurer - Lack of Capacity to Sue
24. Paragraphs 1 through 23 are incorporated herein as it set forth in full.
25. Although Exhibit "B" purports to require written approval from outside of the
Commonwealth of Pennsylvania, Plaintiff alleges to have accepted the offer by other
means, namely, performance.
26. To accept by performance, Exhibit "B" does not require that performance be conducted
outside of the Commonwealth of Pennsylvania.
27. Plaintiff's allegations, if true, constitute conducting business in the Commonwealth of
Pennsylvania.
28. A review of the records of the Secretary of State of the Commonwealth of Pennsylvania
indicates that Plaintiff is not registered to conduct business in Pennsylvania.
29. Because Plaintiff is not authorized to conduct such business in the Commonwealth of
Pennsylvania, Plaintiff lacks the capacity to maintain suit in this matter in any court of the
Commonwealth.
WHEREAS, Defendant, Oven Industries, Inc., objects to Plaintiffs Complaint and prays
this Honorable Court to dismiss Plaintiffs Complaint with prejudice.
Respectfully Submitted,
SALZMANN HUGHES, P.C.
By: ?_...!
David H. Martineau, Esquire
Attorney I.D. No. 84127
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
(717) 249-6333
Date: October 2.9 , 2011 Attorney for Defendant
CERTIFICATE OF SERVICE
I, David H. Martineau, Esquire, hereby certify that on the Zy day of October 2011, I
served a true and correct copy of the foregoing Preliminary Objections upon the Plaintiff by
placing the same in the United States Mail, First Class Mail, postage prepaid, addressed as
follows:
Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
407 North Front Street
P.O. Box 11848
Harrisburg, PA 17108
David H. Martineau