HomeMy WebLinkAbout10-4067F ~' ~-,i L..itigatirn~:S~~oi-~smen~~ort.aLcorrr~Shtaotin~~t}r X`~,Ci~rripiaint.d;~c fz'1~~1:'i(} E 1;51 ~~1Lq
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MICHAEL S. BECHTOLD, ESQUIRE Attorney for Plaintiff
Attorney I.D. #204201
BUZGON DAMS LAW OFFICES
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421 Fax: (717) 274-1752
E-mail: bechtold(a,buzgondavis.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC,
Plaintiff
V.
DANIEL F. PARSON, JR., individually and
doing business as SHOOTING THE X,
Defendant
COMPLAINT
NOTICE
CIVIL ACTION - LAW ~~ ~ ~ _
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You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment inay 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 other rights important to you.
YOU SHOULD TAKE THIS PAPER '1'(~ 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
(800)990-9108
1. Plaintiff, Sportsmenportal.com, LLC, is a Pennsylvania limited liability company
with a principal business address of 7937 Route 208, Knox, Pennsylvania, 16232.
2. Defendant, Daniel F. Parson, Jr., is an adult individual, who upon information and
belief, resides at 58 Oldtown Road, Gardners, Cumberland County, Pennsylvania, 17324.
3. Defendant, Daniel F. Parson, Jr., is an adult individual, who upon information and
belief, also serves as the owner of a Pennsylvania registered fictitious name, Shooting The X, with a
principal place of business at 58 Oldtown Road, Gardners, Cumberland County, Pennsylvania,
17324.
4. At all times relevant to this Complaint, Defendants were in the business of
marketing and selling, among other things, waterfowl and predator retail products used in the
outdoor gaming and hunting industry.
5. At all times relevant to this Complaint, Daniel F. Parson, Jr., acted individually, and
as the authorized agent of Shooting The X.
6. On or about August, 2009, and in conjunction with the opportunity for Defendants to
market their products through Plaintiff's website and other related media, Defendants entered into
-2-
an Advertising Agreement with Plaintiff (hereinafter "Advertising Agreement'); a true and correct
copy of Advertising Agreement is attached hereto and marked Exhibit "A".
7. As remuneration for the work to be performed as part of the Advertising Agreement,
Defendants were to pay Plaintiff the total sum of Twelve Thousand Dollars ($12,000).
8. On or about August 1, 2009, and in conjunction with the opportunity for Defendants
to market their brand and image, Defendants entered into a Web Design and Maintenance
Agreement with Plaintiff (hereinafter "Web Agreement"); a true and correct copy of a Web Design
and Maintenance Agreement which was intended to memorialize the parties' respective intentions
is attached hereto and marked Exhibit "B".
9. As remuneration for the work to be performed as part of the Web Agreement,
Defendants were to pay Plaintiff the total sum of Four Thousand Five Hundred Dollars ($4,500).
10. Defendants paid, to date, a total of Two Thousand Four Hundred Eighty Five
Dollars ($2,485) on the Web Agreement, leaving a remaining outstanding balance of Two
Thousand Fifteen Dollars ($2,015) due.
11. Defendants paid, to date, a total of Six Thousand Five Hundred Fifteen Dollars
($6,515) on the Advertising Agreement, leaving a remaining outstanding balance of Five Thousand
Four Hundred Eighty Five Dollars ($5,485) due.
12. Defendants have failed and refused to pay Plaintiff, in full, for the services provided
pursuant to the Advertising Agreement and Web Agreement as aforestated.
13. Plaintiff has suffered damages totaling Seven Thousand Five Hundred Dollars
($7,500) as a result of Defendants' failure to pay.
14. Paragraph VIII of the Advertising Agreement allows for the recovery of reasonable
attorney fees and expenses arising or resulting from or caused by (i) any act or omission or willful
misconduct of the parties .... and (ii) any breach or default by the parties in the performance of any
of their obligations under this Agreement.
15. In addition to the damages as set forth above, Plaintiff is also entitled to damages to
include reasonable attorney fees and expenses.
COUNT ONE -BREACH OF CONTRACT
16. The averments of paragraphs 1 through 15 are incorporated herein by reference as if
textually set forth at length.
17. Plaintiff and Defendants entered into a valid contract related to Defendants'
advertisement on Plaintiff s website and related media.
18. Defendants are in breach of the Advertising Agreement (Exhibit "A") by failing to
pay the agreed-upon price.
19. Defendants' breach has caused damages as set forth herein.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment in
its favor in an amount totaling Seven Thousand Five Hundred Dollars ($7,500), plus reasonable
attorney's fees and expenses, interest and costs of suit.
COUNT TWO -BREACH OF CONTRACT
20. The averments of paragraphs 1 through 19 are incorporated herein by reference as if
textually set forth at length.
21. Plaintiff and Defendants entered into a valid contract related to the web design and
maintenance for Defendants' web site.
22. Defendants are in breach of the Web Agreement (Exhibit "B") by failing to pay the
agreed-upon price.
23. Defendants' breach has caused damages as set forth herein.
-4-
WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment in
its favor in an amount totaling Seven Thousand Five Hundred Dollars ($7,500), plus interest and
costs of suit.
COUNT THREE - OUANTUM MERUIT
24. The averments of paragraphs 1 through 23 are incorporated herein by reference as if
textually set forth at length.
25. Plaintiff devoted time, effort and resources toward establishing Defendants'
advertisement within its website and related media.
26. Plaintiff performed these services with the expectation of remuneration.
27. Defendants are unjustly enriched in that they received the value of the advertisement
without payment to Plaintiff.
28. Plaintiff has suffered damages as indicated herein.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment in
its favor in an amount totaling Seven Thousand Five Hundred Dollars ($7,500), plus interest and
costs of suit.
COUNT FOUR -QUANTUM MERUIT
29. The averments of paragraphs 1 through 28 are incorporated herein by reference as if
textually set forth at length.
30. Plaintiff devoted time, effort and resources toward designing, developing and
maintaining Defendants' website.
31. Plaintiff performed these services with the expectation of remuneration.
32. Defendants are unjustly enriched in that they received the value of the web
development and maintenance without payment to Plaintiff.
-5-
33. Plaintiff has suffered damages as indicated herein.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment in
its favor in an amount totaling Seven Thousand Five Hundred Dollars ($7,500), plus interest and
costs of suit.
BUZGON DAMS
Attorney I.
525 South Eighth Street
Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
Fax: (717) 274-1752
E-mail: bechtold@buzgondavis.com
Attorneys for Plaintiff
-6-
ADVERTISING AGREEMENT BETWEEN SPORTSMEN PORTAL AND
SHOOTING THE X
This Agreement is by and between Shooting The X ("SHOOTING THE X") and
Sportsmenportal.com LLC (d/b/a/ Pennsylvania Sportsmen Portal) ("PSP").
I. Background:
PSP maintains a hunting and outdoor sports website
(www.pasportsmenportal.com) and will be producing an outdoors tv program called
Wired Outdoors. The objective of this Advertising Agreement ("Agreement") is for PSP
and SHOOTING THE X to use the PSP website, social networks, the Wired Outdoors tv
program, trade shows, and personal appeazances by members of PSP field staff to
advertise SHOOTING THE X's online store and products.
II. Rights and Services:
In furtherance of this Agreement, SHOOTING THE X and PSP agree to the
following rights and services:
1. During the term of this Agreement, SHOOTING THE X will
receive 13 Weeks as a corporate sponsor (as outlined herein) and
exclusive Waterfowl and Predator Retail sponsor on the Wired Outdoors
tv program airing on the Sportsmen Channel in October 2009;
2. SHOOTING THE X will be the exclusive waterfowl and predator
retail sponsor of the PSP website and the Wired Outdoors tv program;
3. When applicable and appropriate as determined by PSP, PSP
agrees to use SHOOTING THE X's products during the Wired Outdoors
tv program;
4. PSP agrees to provide SHOOTING THE X with Closing Credits
after each Wired Outdoors tv program;
5. PSP also agrees to promote SHOOTING THE X products during
any Personal Appearances by its officers or field staff as provided for
under this Agreement;
6. PSP agrees to promote SHOOTING THE X at all Trade Shows it
attends;
7. During the term of this Agreement, PSP agrees to provide
SHOOTING THE X with banner advertising on its website;
8. Based solely in PSP's discretion, PSP agrees to include
SHOOTING THE X Product Usage in PSP's Field Staff Articles and
blogs;
-1-
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9. During the term of this Agreement, PSP agrees that it will have
SHOOTING THE X links in the Field Staff signature block of the Forum
section of its website;
10. During the term of this Agreement, PSP agrees that it will promote
SHOOTING THE X on Social Networking Sites and other online media
as it deems appropriate; and
11. PSP agrees to email articles to its members regarding SHOOTING
THE X events that PSP will be attending with SHOOTING THE X.
12. SHOOTING THE X will provide at cost of products in the store
for the entire PSP field staff. PSP agrees to pre-order items.
13. During the term of this Agreement, PSP agrees to provide
Shooting The X with one 30-second commercial spot during the content of
each Wired Outdoors tv program in 2009;
In consideration for all of these rights and services, Shooting The X agrees to pay PSP
$2,500.00 U.S. Dollars down payment by August 7, 2009 and two additional installments
by December 31S` for $2,500.00 U.S. Dollars and the remaining balance of $7,000.00
U.S. Dollars by February 16, 2010 for a total of $12,000.00 U.S. Dollars. PSP and
Shooting the X agree these rights will be maintained through the term of this Agreement.
Finally, PSP and Shooting The X agree that Shooting The X will provide PSP with any
product it wants PSP to promote on its website or the Wired Outdoors tv program.
III. Grant of License
Each party hereby grants to the other for the term of this Agreement a non-
exclusive, non-assignable, non-transferable right and license to use each other's name,
trademarks, service marks, logos (whether registered or unregistered), and marketing and
promotional materials, in connection with PSP's and SHOOTING THE X's marketing
and promotional activities for the purposes enumerated in Section I.
IV. Term
This effective term of this agreement will be August 8, 2009 through August 8,
2010.
V. Confidentiality
The parties shall preserve as confidential all information related to the business
activities of the parties and their affiliates, clients, and entities with whom they do
business that may be obtained by the parties from any source (such information, together
-2-
with the existence and terms of this Agreement, constituting the "Confidential
Information"). The parties shall hold Confidential Information in trust and confidence
and shall not disclose Confidential Information to any person, firm or enterprise, or use
any Confidential Information for its own benefit or the benefit of any other party, unless
specifically authorized by in writing, and agree to limit access and disclosure of such
Confidential Information to the parties' personnel on a "need to know" basis only.
Confidential Information does not include any particular information that the parties can
demonstrate (i) is currently in the public domain, (ii) was previously known to the parties
free from any obligation to keep it confidential, (iii) was or is publicly disclosed by or on
behalf of the one party either prior to or subsequent to the receipt of such information by
the other party, (iv) is independently developed by the one party without any access to or
use of Confidential Information of the other party, or (v) is rightfully obtained by one
party from a third party lawfully in possession of the Confidential Information and who is
not bound by confidentiality obligations to the other party. A party may disclose
Confidential Information of the other party if required to do so under applicable law, rule
or order provided that the disclosing party, where reasonably practicable and to the extent
legally permissible, provides the other party with prior written notice of the required
disclosure so that it may seek a protective order or other appropriate remedy, and
provided further that the disclosing party discloses no more Confidential Information of
the other party than is reasonably necessary in order to respond to the required disclosure.
At any time upon request of either party and in the event of termination or expiration of
the Agreement (or any part thereof), the parties agrees to promptly: (i) return the
Confidential Information; or (i) destroy or permanently erase (on all forms of
recordation) the Confidential Information and, if requested, acknowledge in writing that
all such Confidential Information has been destroyed or permanently erased. In addition,
the parties acknowledge and agree that any disclosure of Confidential Information will in
no way be construed to be an assignment, transfer, or conveyance of title to or ownership
rights in such Confidential Information.
VI. Modification; Merger; No Waiver of Rights
This Agreement may not be modified except in writing signed by PSP and
SHOOTING THE X. This Agreement contains the entire agreement of the parties. Any
representations, promises, or agreements, oral or in writing, not contained in this
Agreement shall have no effect. The failure of either party to exercise any right given to
it under this Agreement or to insist on strict compliance of any obligation under this
Agreement shall not constitute a waiver of any right, including the right to insist on strict
compliance in the future.
VII. Warranty
PSP warrants that all of its promotional items provided to SHOOTING THE X
under this Agreement, if any, are free from defects in material, workmanship and design.
SHOOTING THE X warrants that all of its promotional items provided to PSP under this
Agreement, if any, are free from defects in material, workmanship, and design.
SHOOTING THE X also warrants that the services provided under this Agreement shall
-3-
be performed in ahigh-quality, professional and workmanlike manner by qualified
personnel.
VIII. Indemnification
The parties, at their own expense, agree to indemnify, defend and hold harmless
each other and, any subsidiaries and affiliates, together with the respective partners,
agents, officers, directors and employees of all of the foregoing, from and against any
loss, cost, expense, claim, injury or damage (including, without limitation, reasonable
attorneys' fees and expenses), whether incurred due to third party claims or otherwise,
arising or resulting from or caused by (i) any act or omission or willful misconduct of the
parties or any consultant, engineer or other party retained by the parties or any of its or
their partners, directors, officers, employees, agents or subcontractors; (ii) any breach or
default by the parties in the performance of any of their obligations under this
Agreement. The parties make no representation or warranty, as to the fitness or content of
the promotional items supplied to herein.
IX. LIMITATION OF LIABILITY
- - PA~T'Y
FOR LOST PROFITS OR LOST REVENUE, OR FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT;
PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION OF LIABILITY
WILL NOT APPLY TO ANY OF THE FOLLOWING: (A) THE PARTIES
INDEMNIFICATION OBLIGATIONS HEREUNDER; (B) THE PARTIES BREACH
OF THEIR CONFIDENTIALITY OBLIGATIONS UNDER THIS AGREEMENT; OR
(C) ANY UNLAWFUL OR WILLFUL MISCONDUCT BY THE PARTIES.
X. Breach/Remedies
In the event of any breach of this Agreement by SHOOTING THE X, PSP may
(reserving cumulatively all other remedies and rights under this Agreement, at law and in
equity) terminate this Agreement, in whole or in part, by giving SHOOTING THE X
thirty (30) days' prior written notice of termination thereof.
XI. Miscellaneous
If any term, provision or part of this Agreement is to any extent held invalid, void
or unenforceable by a court of competent jurisdiction, the remainder of this Agreement
will not be impaired or affected thereby, and each term, provision and part will continue
in full force and effect, and will be valid and enforceable to the fullest extent permitted
by law. Neither party may assign this Agreement nor delegate any of its responsibilities
hereunder, and any such purported assignment or delegation shall be null and void. Any
provision of this Agreement that contemplates performance or observance subsequent to
termination or expiration of the Agreement (including confidentiality, limitation of
-4-
liability, and indemnification provisions) will survive termination or expiration of this
Agreement and continue in full force and effect thereafter.
Signed:
Dan Parson
Shooting The X
Date
-5-
Jason Say Date
Pennsylvania Sportsmen Portal
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S P pORTAI,
Proposal for Web Design and Maintenance
For Shooting The X
August 1, 2009
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Shooting The X
Introduction
The Sportsmen Portal, Myerstown, Pa -17067 (The Sportsmen Portal) offers this
proposal to Shooting The X (customer) for the web design and monthly
maintenance of the site.
Project Scope
The Sportsmen Portal will design a splash page and inside template for the
Shooting The X website and provide monthly maintenance of the site.
I. Web Design
The Sportsmen Portal will design and develop a website that coordinates
with Shooting The X's Marketing program. The site will contain no more than 10
pages of static html. Shooting The X will be responsible to provide content.
The proposed navigation is a top navigation and a side navigation similar to
Cabelas. The top navigation would be:
• Home
• About Us
• Directions
• Events & Seminars
• Contact Us
The side navigation will reflect the items in the store:
• Accessories
• Ammunition
• Blinds
• Calls
• Decoys
II. Monthly Maintenance
The Sportsmen Portal will maintain the Shooting The X website. Up to 6
text changes and two graphic changes each month. All changes must be
submitted 7 business days before publishing. More than 8 updates a month will
be billed at the standard rate.
III. Payment
A down payment of $1,000.00 to be paid by August 7, 2009. Another
payment of $1,000.00 by December 31, 2009. Remaining balance of $2,500.00
by February 16, 2010.
All content Copyright Sportsmen Portal Page 2
L
IV. Cost
Pricing for this proposal is outlined in the table below.
1. A down payment of $1,000.00 to be paid by August 7, 2009. Another
payment of $1,000.00 by December 31, 2009. Remaining balance of
$2,500.00 by February 16, 2010.
2. Files and graphics developed during this project are the sole property of
The Sportsmen Portal until project has been completed and balance paid
in full. Upon payment in full website becomes sole property of Shooting
The X.
3. Proposal is valid for a period of 30 days.
4. This proposal serves as a contract upon the signature of both parties.
5. Deadlines are inherently based on client cooperation.
6. This agreement is for the listed work within the scope. Any additions or
change in scope will be a cause for additional contracts or addendums.
7. The Sportsmen Portal will decide what is in the scope of work. All
changes to the work of scope must be in writing and approved by both
parties.
Acceptance
By signing and dating below you agree to said price and scope of work.
Signature
Title
All content Copyright Sportsmen Portal
Name
Date
Page 3
Terms and Conditions
VERIFICATION
I, MICHAEL S. BECHTOLD, ESQUIRE, do hereby verify that I am the attorney
for the Plaintiff in the within action. I further verify that I e-mailed the COMPLAINT to
Jason Say, the authorized representative of Plaintiff, and that Mr. Say subsequently
confirmed to me via return a-mail that the facts set forth in the foregoing COMPLAINT are
true and correct to the best of his knowledge, information and belief. Mr. Say confirmed to
me that he understood that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsification to aut~sri~ies. /1'
MICHAEL S. $ECHTOLD, ESQUIRE
Attorney for Plaintiff
Date: U~,~ ~S , 2010
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IN THE COURT OF COMMON PLEAS OF ~U~~=~•=v' ~- ~-~ '~'~~'~w~
CUMBERLAND COUNTY, PEl~'NSYLVANIA `"-r'~`'`'~' J~-11r~`'"~`~
SPORTSMENPORTAL.COM, LLC,
Plaintiff
CIVIL ACTION -LAW
v.
DANIEL F. PARSON, JR., individually and
doing business as SHOOTING THE X,
Defendant
NO. ~~
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PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of BUZGON DAMS LAW OFFICES, whose address is
525 South Eighth Street P O Box 49 Lebanon Pennsylvania 17042, as attorneys for
SPORTSMENPORTAL.COM, LLC, Plaintiff in the above-captioned matter.
BUZGON DAV
BY:
1~1~a~~SsBecht~I'd, Esquire-Attorney LD. #204201
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421 Fax: (717) 274-1752
E-mail: Bechtold@buzgondavis.com
Attorneys for Plaintiff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Sportsmenportal.com, LLC
vs.
Shooting The X (et al.)
~4~f.,tr of ~urrtbrr~~~~
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Gr~E pF'h~» SHERIFF
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~YE~iAP~A
Case Number
2010-4067
SHERIFF'S RETURN OF SERVICE
06/17/2010 06:04 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 17, !,
2010 at 1801 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Shooting The X, by making known unto Susan Parson, adult in charge at 58 Old Town
Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to
her personally the said true and correct copy of the same.
i
TIM K, DEPUTY
06/17/2010 06:04 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 17, II
2010 at 1801 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Daniel F. Parson Jr., by making known unto Susan Parson, Mother of defendant at 58
Old Town Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time it
handing to her personally the said true and correct copy of the same.
~.._
DEPUTY
SHERIFF COST: $54.34
June 18, 2010
SO ANSWERS,
f X~""1.
R ANDERSON, SHERIFF
(c) CountySuite Sheriff. Teleosoft, Inc.
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1N THE COURT OF COMMON PLEAS OF ~'~ ?~~'~ ~'~ =M'i " ~~r~.~Y
CUMBERLAND COUNTY, PENNSYLVANIA~~ ~ ~ ~~~ r ~ ~T ~ ~. ~ ~
SPORTSMENPORTAL.COM, LLC
Plaintiff
CIVIL ACTION - L W
t,Pd1~;.~::. .~le~~~~llY
v.
DANIEL F. PARSON, JR., individually
and doing business as
SHOOTING THE X,
Defendant
NO.: 10-4067 -Civil
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance on behalf of the Defendant in the above referenced matter.
Respectfully Submitted,
Rominger & Associates
Date: V
Karl E. minger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717)241-6070
Supreme Court ID# 81924
Attorney for Defendant
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC
Plaintiff
v.
DANIEL F. PARSON, JR., individually
and doing business as
SHOOTING THE X,
Defendant
CIVIL ACTION -LAW
NO.: 10-4067 -Civil
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire certify I this day served a copy of the within Praecipe to
Enter Appearance upon the following by depositing the same in the United States Mail, first
class, postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
Michel S. Bechtold, Esquire
525 South Eighth Street
P.O. Box 49
Lebanon, Pennsylvania 17042
Date:
Respectfully Submitted,
Rominger & Associates
KarYE. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID# 81924
Attorney for Defendant
SPORTSMENPORT
Plaintiff
v.
DANIEL F. PARSON,
doing business as SHO
Defendant
IN THE COURT OF COMMON PLEAS OF
JMBERLAND COUNTY, PENNSYLVANIA
OM, LLC, CIVIL ACTION -LAW
individually and
[NG THE X,
AFFIDAVIT OF SERVICE
COMMONWEALTH O PENNSYLVANIA )
) SS:
COUNTY OF LEBANO )
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I, AMY ~IARTRANFT, an employee of Buzgon Davis Law Offices, 525 South
Eighth Street, Lebanon` Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly
sworn according to law depose and say that I mailed on July ~ ~, 2010, by regular mail, in a
postpaid envelope, a true and correct copy of IMPORTANT NOTICE, the original of which was
filed on July ~ ~, 2010, in the Office of the Prothonotary of Lebanon County, Pennsylvania, to
Karl Rominger, Esq
Hanover Street, Carli
Sworn to and subscri
before me this 1`j
of July, A.D., 2010.
Notary Public
c/o Daniel Parson, Jr. individually and d/b/a Shooting the X, 155 South
PA 17013.
Y HARTRANFT
NO. z(~IU-~Q1D~
C;C1MMpNWL°ALTN QF PENNSYLVANIA
Notarial Seal
1 Ashley M. Long, Notary Public
City of Lebanon, Lebanon County
My Commission Expires June 29, 2011
Member, Pennsylvania Association of Notaries
-3-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC
Plaintiff
v.
DANIEL F. PARSON, JR., individually
and doing business as
SHOOTING THE X,
Defendant
CIVIL ACTION -LAW
NO.: 10-4067 -Civil
NOTICE TO PLEAD
TO: Sportsmenportal.com, LLC
c/o Michael S. Bechtold, Esquire
525 South Eighth Street
P.O. Box 49
Lebanon, Pennsylvania 17042
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You are hereby notified to file a written response to the enclosed Answer to Complaint,
New Matter and Counter Claim within twenty (20) days from service hereof or a judgment
may be entered against you.
Respectfully Submitted,
Rominger & Associates
Date:
Karl .Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Daniel F. Parson Jr. and
Shooting The X
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC CIVIL ACTION -LAW
Plaintiff
v NO.: 10-4067 -Civil
DANIEL F. PARSON, JR., individually
and doing business as
SHOOTING THE X,
Defendant
ANSWER TO COMPLAINT. NEW MATTER & COUNTER CLAIM
AND NOW, comes Daniel F. Parson, Jr., individually and doing business as Shooting
The X, by and through his counsel, Karl E. Rominger, Esquire, and in support of his Answer,
avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted. By way of further answer, neither contract thus far referenced was the
total understanding of the parties, and much more was promised defendant then was actually
reduced to writing.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. Denied. By way of further answer defendant has not paid because plaintiff has
not adequately performed.
14. Admitted to the extent that the agreement says what it says.
15. Is a conclusion of law and requires no answer.
COUNT ONE -BREACH OF CONTRACT
16. Previous answers aze incorporated herein.
17. Admitted.
18. ' Denied. Strict proof of the same is demanded at trial. By way of further answer
payment is not due and owing as plaintiff failed to perform as promised.
19. Is a conclusion of law and requires no answer.
WHEREFORE, defendant asks for judgment in his favor, and against plaintiff.
COUNT TWO -BREACH OF CONTRACT
20. Previous answers aze incorporated herein.
21. Admitted.
22. Denied. Strict proof of the same is demanded at trial. By way of further answer
payment is not due and owing as plaintiff failed to perform as promised.
23. Is a conclusion of law and requires no answer.
WHEREFORE, defendant asks for judgment in his favor, and against plaintiff.
COUNT THREE -QUANTUM MERUIT
24. Previous answers are incorporated herein.
25. Denied. Said efforts were futile, incomplete, and not as agreed.
26. Denied. Strict proof of the same is demanded at trial. By way of further answer
payment is not due and owing as plaintiff failed to perform as promised.
27. Is a conclusion of law and requires no answer.
28. Is a conclusion of law and requires no answer.
WHEREFORE, defendant asks for judgment in his favor, and against plaintiff.
COUNT FOUR -QUANTUM MERUIT
29. Previous answers are incorporated herein.
30. Denied. Said efforts were futile, incomplete, and not as agreed.
31. Denied. Strict proof of the same is demanded at trial. By way of further answer
payment is not due and owing as plaintiff failed to perform as promised.
32. Is a conclusion of law and requires no answer.
33. Is a conclusion of law and requires no answer.
WHEREFORE, defendant asks for judgment in his favor, and against plaintiff.
NEW MATTER
34. Plaintiff failed to perform and provide the agreed upon level of service, promotion
and advertising under the contracts.
35. Plaintiffs have been adequately compensated.
WHEREFORE, defendant asks for judgment in his favor, and against plaintiff.
COUNTER CLAIM
36. Defendant expected and contracted for an agreed upon level of service and
performance in the promotion of his store and products.
37. Plaintiff s failed to perform as agreed, and cost defendant sales and profits.
38. The lack of good faith effort by Plaintiffs as agreed damaged Defendant.
39. Plaintiff breached the contracts.
WHEREFORE, defendant asks for judgment in his favor, and against plaintiff. in an un-
liquidated amount not in excess of the statutory limits for compulsory azbitration
Respectfully Submitted,
Rominger & Associates
Date: (~
~-~'-_._
K .Rominger, Esquire
155 South Hanover Street
Cazlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Daniel F. Pazson Jr. and
Shooting The X
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC
Plaintiff
CIVIL ACTION -LAW
v.
DANIEL F. PARSON, JR., individually
and doing business as
SHOOTING THE X,
Defendant
NO.: 10-4067 -Civil
CERTIFICATE OF SERVICE
I, Kazl E. Rominger, Esquire, certify that I this day served a copy of the within Answer to
Complaint, New Matter and Counter Claim upon the following by depositing the same in the
United States Mail, postage pre-paid, first class mail, addressed as follows:
Michael S. Bechtold, Esquire
525 South Eighth Street
P.O. Box 49
Lebanon, Pennsylvania 17042
Date:
Respectfully Submitted,
Rominger & Associates
,~_.
Kazl ominger, Esquire
155 South Hanover Street
Cazlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID # 81924
Attorney for Daniel F. Parson Jr. and
Shooting The X
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F:\dlhlL.itigationtSportsrnenporial.com\Shooting the X\Reply to New Matter and Counterolaim.doc - K/9; l0 9:49 AM
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MICHAEL S. BECHTOLD, ESQUIRE Attorney for Plaintiff
Attorney I.D. #204201
BUZGON DAVIS LAW OFFICES
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421 Fax: (717) 274-1752
E-mail: bechtold(a~buzgondavis.com
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC, CIVIL ACTION -LAW
Plaintiff ,
v NO. 10-4067
DANIEL F. PARSON, JR., individually and
doing business as SHOOTING THE X,
Defendant
REPLY TO NEW MATTER AND COUNTERCLAIM
AND NOW, comes the Plaintiff, by its attorneys, Buzgon Davis Law Offices, and files
this Reply to New Matter and Counterclaim, averring as follows:
REPLY TO NEW MATTER
34. Denied. After reasonable investigation, Plaintiff is without knowledge or
information sufficient to form a belief as to the both of this averment. It is specifically denied
that Plaintiff failed to perform and provide the agreed-upon level of service, promotion and
advertising under the contracts, strict proof being demanded at trial.
35. Denied. It is specifically denied that Plaintiff has been adequately compensated.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter judgment in
its favor in an amount totaling Seven Thousand Five Hundred Dollars ($7,500), plus reasonable
attorney's fees and expenses, interest and costs of suit.
REPLY TO COUNTERCLAIM
36. Denied as stating a legal conclusion to which no response is required. By way of
further response, after reasonable investigation, Plaintiff is without knowledge or information
sufficient to form a belief as to the truth of this averment.
37. Denied as stating a legal conclusion to which no response is required. By way of
further response, it is specifically denied that Plaintiff failed to perform as agreed and it is also
specifically denied that Plaintiff caused Defendant sales and profits, strict proof being demanded
at trial.
38. Denied as stating a legal conclusion to which no response is required. By way of
further response, it is specifically denied that Plaintiff lacked any good faith effort or that any
alleged lack of good faith damaged Defendant, strict proof being demanded at trial.
39. Denied as stating a legal conclusion to which no response is required.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to dismiss the
Counterclaim filed against it.
BUZGON DA
BY:
~Glicha~l S. Bechtold, Esquire-Attorney LD. #204201
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421 Fax: (717) 274-1752
E-mail: Bechtold@buzgondavis.com
Attorneys for Plaintiff
-2-
F:1dlbU..itigatianlSrorismenportal.com\Shooting the X1Affida~~it ser~ice.doc - 8112/10 11.:01 AM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC, CIVIL ACTION -LAW
Plaintiff
v. NO. 10-4067
DANIEL F. PARSON, JR., individually and
doing business as SHOOTING THE X,
Defendant
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF LEBANON )
I, AMY HARTRANFT, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn
according to law, depose and say that I mailed on August /3, 2010, by regular mail, in a postpaid
envelope, a true and correct copy of REPLY TO NEW MATTER AND COUNTERCLAIM, the
original of which was filed on August /3, 2010, in the Office of the Prothonotary of Lebanon
County, Pennsylvania, to Karl E. Rominger, Esquire, Rominger & Associates, 155 South
Hanover Street, Carlisle, Pennsylvania, 17013, attorney for Defendants.
AMY RT NFT
Sworn to and subscribed
before me this f3 ~' day
of August, A.D., 2010.
co~oNwF~-L-ni of Pi~NSnv~wa
Notarial Seel
Ashley M. Long, Notary Publ~
Notar PUb 1 City of Lebanon, Lebanon County
}~ My Cornrtdssbn Expi-ea June 29, 2011
ManWR annayNania Assooiatlon of Notaries
RLED-GPTE
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CUrj6E rL. ?ZUNW
IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTS MENPORTAL.COM, LLC,
Piaintiff
CIVIL ACTION - LAIN
V.
DANIEL F. PARSON, JR., individually and
doing business as SHOOTING THE X,
Defendant
NO. 10-1067
AFFIDAVIT OF SERVICE BY MAIL
I, KELLY L. ELLINGER, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn
according to law, depose and say that I mailed on August 25, 2010, by regular mail. in a postpaid
envelope, the original and one (1) true and correct copy of INTERROGATORIES - OF
PLAINTIFF TO DEFENDANT and REQUEST FOR PRODUCTION OF DOCUMENTS OF
PLAINTIFF DIRECTED TO DEFENDANT to Karl E. Rominger, Rominger & Associates, 155
South Hanover, Street, Carlisle, 17013, attorney for Defendant.
Sworn to and subscribed
before me this 25th day of
Au st, A.D., 2010. /, r C ,'
Notar\ Public
KELLY L. ELLINGER
_ .._
Sportsmenportal.com, LLC
Plaintiff
VS.
c-~
IN THE COURT OF COMMON PLEAS .
CUMBERLAND COUNTY, PENNSYLVA~
~,r,.:
No.10-4067 W
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Daniel F. Parson, Jr., et al
Defendant
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Michael S. Bechtold, Esquire ,counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 7,500
The counterclaim of the defendant in the action is unliquidated amount
The following attorneys aze interested in the case(s) as counsel or are otherwise disqualified to sit
as azbitrators:
Karl E. Rominger, Esquire -Attorney I.D. #81924
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitte
ORDER OF COURT
AND NOW,
petition, _
Esq., and
200 , in consideration of the foregoing
Esq., and
captioned action (or actions) as prayed for.
Esq., aze appointed azbitrators in the above
By the Court,
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F:1dlb\l.itigation\Sporismenporial.com\Shooting the X\Affidavit service.doc - 9/27/l0 3:42 PM
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SPORTSMENPORTAL.COM, LLC,
Plaintiff
CIVIL ACTION -LAW
v.
DANIEL F. PARSON, 3R., individually and
doing business as SHOOTING THE X,
Defendant
NO. 10-4067
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
ss:
COUNTY OF LEBANON )
I, KELLY L. ELLINGER, an employee of Buzgon Davis Law Offices, 525 South Eighth
Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiff, being duly sworn
~o~ n
according to law, depose and say that I mailed on e ~e~ e~~ ,for filing in the Office of
the Prothonotary of Cumberland County, Pennsylvania, the original and five (5) copies of
PETITION FOR APPOINTMENT OF ARBITRATORS and that I provided the Prothonotary
with a stamped envelope addressed to Karl E. Rominger, Esquire, Rominger & Associates, 155
South Hanover Street, Carlisle, Pennsylvania, 17013, attorney for Defendants; and three (3)
blank envelopes with postage affixed.
KELLY L CLINGER
Sworn to and subscribed
befo me this ~~ day
o A.D., 2010.
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Notary Public
COMMONWEAL3H OF PENNSYLVANIA
1~9r3t3tial ,5°=at
Linda I.O'Nc 3, ~dc~tary Public
Cfty Of L$~,^,~,^, _, .>::z7anon County
My Comm, -s^ `. -;,; July 3, X011
Membar, F'®nnsylvaniu hssociail4n of Notaries
Defendant
PETITION FOR APPOINTMENT OF ARBITRATORS
The counterclaim of the defendant in the action is unliquidated amount
Sportsmenportal.com, LLC
Plaintiff
VS.
Daniel F. Parson, Jr., et al
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Michael S. Bechtold, Esquire ,counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 7,500
The following attorneys aze interested in the case(s) as counsel or aze otherwise disqualified to sit
as azbitrators:
Karl E. Rominger, Esquire -Attorney I.D. #81924
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) azbitrators to
whom the case shall be submitted.
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CUMBERLAND COUNTY, PENNSYLVAI~3t~. ~ r~
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Respectfully submitte
ORDER OF COURT
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AND NOW, __o~ ~___, 20~(~ , in consideration of the foregoing
petition, ~ Esq., and ;~~(.~la.~ ~ • iS ~
Esq., and Esq., aze appointed azbitrators in the above
captioned action (or actions) as prayed for.
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By the Court, ~ /
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Kevin A. . , P.J.
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SPORTSMENPORTAL.COM, LLC :
Plaintiff
VS.
DANIEL F. PARSON, JR., ET AL.,
Defendants
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IN THE COURT OF COMMON PLEAS O zrn
CUMBERLAND COUNTY, PENNSYLVAIX: ,r"
-<3> cn °? o
CIVIL ACTION - LAW x
NO. 10-4067 CIVIL
2,
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ORDER
AND NOW, this //' day of April, 2011, the appointment of Michael A. Scherer,
Esquire, as a member of the Board of Arbitrators in the above-captioned case is VACATED.
Bret Shaffer, Esquire, is appointed in his place.
BY THE COURT,
Kevin A Hess, P. J.
11
Ron Turo, Esquire - Cia ay .*rm.c. tic
Chairman, Board of Arbitrators
Court Administrator
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Plaintiff
Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. 6O - ?(U
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States d the Constitution of s Commonwealth and that we will discharge the duties of our office
with delity.
na re Signature Signature
?0 ?(??O 1 J?1 ?.O VS b ??' S ?.aT?C r
Name (Chairman) N me Name
- ???< Saw ` (Jul aka-
' Fxxr; c Sa 41'ec-
Law Firm Law Fir Law Firm
/if S 0I 4),--S ? ?So?, 13'? ?:t to( a 50-r-,t. ,5
Address Address Address
Aowfq?? I?S Q
r_tr l is (e / i4 / 70e
City, Zip
City, Lip city, Zip
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Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following a mod: . , (Not Tjf damages pr delay^ e award?d, the shall be separately stated.)
?7/
, dissents.
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Date of Hearing:
` hairman)
Date of Award:
Notice of Entry of Award
ble.
Now, the 21 day of 20_!l_, at _?_.M., the above award was
entered upon the docket and notice th eof given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ ?.?"lQ. o
Prothonotary
FILED-OFFICE
CIF THE PROTHONOTARY
2011 APR 21 PM 1: 12
CUMBERLAND GOUNT Y
PENNSYLVANIA
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