Loading...
HomeMy WebLinkAbout10-5529Y aoic Au6AS Luther E. Milspaw, Jr., Esquire Attorney ID No. 19226 130 State Street, P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthermilsnaw(&milsl)awlawfirm.com Attorney for Plaintiff' Aµ ((:00 WILLIAM ASPINALL, Plaintiff ? 00- 00 vs'to'? N?lisw i THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants Docket No. 10 - 5s Wj Ci v i l Terk Civil Action - Law PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue Writ of Summons in the above captioned action and forward same to the Sheriff for service. &UR tflly XLS d, Date d: August 19, 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA W, Jr./ Attorney ID No. 19226 l1 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Q Attorney for Plaintiff #Qa,00 p 0 A" at acda 2't ay7aa ) tl. VA Commonwealth of Pennsylvania County of Cumberland WRIT OF SUMMONS WILLIAM ASPINALL Plaintiff Vs. THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL Defendant Court of Common Pleas No 10- 55919 In Civil Action - Law To THE CONSIGNMENT GALLERY, INC, and PATRICIA MARBAIN KRAYBILL, You are hereby notified that WILLIAM ASPINIALL the Plaintiff(s) has / have commenced an action in Civil Action-Law against you which you are required to defend or a default judgment may be entered against you. (SEAL) David D. uell, Prot onotary Date 8/23/10 By Deputy Attorney: LUTHER E. MILSPAW, JR, ESQUIRE Name: Address: 130 STATE STREET PO BOX 946 HARRISBURG, PA 17108-0946 Attorney for: Plaintiff Telephone: 717-236-3141 Supreme Court ID No. 19226 ;~~ ~` , r~ Christopher E. Rice, Esquire $ Q~1 ~Q: 5 1 `~ ~ ~~~ Attorney LD. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY ~~ ti ~U %C}UN't'`~ ~ MARTSON LAW OFFICES "'~ ~+ PEN~gYIVAN 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM ASPINALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2010-5529 THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants :CIVIL ACTION -LAW PRAECIPE To the Prothonotary: Please enter the appearance of MARTSON DEARDORFF WILLIAM OTTO GILROY & FALLER, as attorneys for the Defendants in the above-referenced matter. MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: / g`/~O CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 MARTSON LAW OFFICES By: ~~~ M .Price Ten E t High Street Carlisle, PA 17013 (717) 243-3341 Dated: 9` g//6 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4+~!_.. 'l ~ f ~L ~ ;z ~ r~ ~ rz .t.l,, .: ~:~ ,,_ ~r~~e :,~ -.,~ ~Y.~tr~ (~~ ?~~'~~ TAAY C~M~~ William Aspinall vs. Case Number The Consignment Gallery, Inc. (et al.) 2010-5529 SHERIFF'S RETURN OF SERVICE 08/27/2010 11:05 AM -Jason Vioral, Sergeant, who being duly sworn according to law, states that on August 27, 2010 at 1105 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: The Conignment Gallery, Inc., by making known unto Seth Moseby, Attorney for defendant at 10 E. High Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ~'~ JASO 10 L, DEPUTY 08/27/2010 11:05 AM -Jason Vioral, Sergeant, who being duly sworn according t la states that on August 27, 2010 at 1105 hours, he served a true copy of the within Writ of Summons, u n the within named defendant, to wit: Patricia Marbain Kraybill, by making known unto Seth Moseby, Attorney for defendant at 10 E. High Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $55.24 WERS, August 27, 2010 RON R ANDERSON, SHERIFF " ~ JASO 10 L, DEPUTY SO (ci CouniySuite Sheriff, Teleosoff. Inc. Acceptance of Service I accept the service of the writ of summons (on behalf of Patricia Marbain Kraybill and certify that I am authorized to do so.) ~ ~~7 I to Date Authorized Agent 10 E. High Street, Carlisle, PA 17013 Mailing Address Acceptance of Service I accept the service of the writ of summons (on behalf of Tne Consignment Gallery, Inc. certify that I am authorized to do so.) B~ Z~/ )~~ Date 10 E. Hi Address and ,~~. Authorized Agent Street, Carlisle, PA 17013 ~' ~~.:_ -. _. -q { ~ ~ ~1 Luther E. Milspaw, Jr., Esquire Attorney ID No. 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthennilspaw(a,milspawlawfirm.com WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant Civil Action -Law NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 AVISO 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 comparecencia 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 a otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO [O NO PUEDE PAGARLE A UNO], LLAME O VAYA A LA SIGUIENTE OFICINA [PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL]. 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800)990-9148 Luther E. Milspaw, Jr., Esquire Attorney ID No. 19226 130 State Street, P.O. Box 94b Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthennilspaw(c~milspawlawfirm.com WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant :Civil Action -Law COMPLAINT AND NOW, comes Plaintiff, WILLIAM ASPINALL, by and through his attorney, Luther E. Milspaw, Jr, Esquire, and files this Complaint against Defendant, THE CONSIGNMENT GALLERY, INC., as follows: FACTS COMMON TO ALL COUNTS Plaintiff, William Aspinall (hereinafter "Plaintiff'), is an adult individual with a business address on State Street, Lemoyne, Cumberland County, Pennsylvania 17043 . 2. Defendant, The Consignment Gallery Inc., (hereinafter "Defendant Consignment Gallery" or "Defendant" or "corporation"), is a corporation duly organized under the laws of the Commonwealth of Pennsylvania with a business address of 164 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff is engaged in the business of buying and selling antiques, fine furnishings, and related items including rugs, china, and related items, primarily high end goods, primarily previously owned items but also newly manufactured items (hereinafter "goods") 4. Defendant Consignment Gallery, is in the business of taking goods under assignment, or buying goods outright, and selling the goods. Patricia Marbain Kraybill (hereinafter "Kraybill") is the majority if not sole shareholder of Defendant Consignment Gallery, and is its President, Chief Executive Officer and Chief Operating Officer. 6. At all times relevant hereto, Kraybill was the duly authorized agent of the Defendant Consignment Gallery. At all times relevant hereto, Kraybill was the alter ego of Defendant Consignment Gallery. Defendant Consignment Gallery is bound by all the actions, representations and misrepresentations of Kraybill, as hereinafter set forth. 9. For a period of approximately twelve (12) years, Plaintiff has engaged in regular business with Defendant Consignment Gallery, by providing to it high end goods on consignment. The majority of the high end goods acquired by Plaintiff were placed for sale on consignment with Defendant Consignment Gallery. 10. During that period, Plaintiff was the principal consignor of high end goods to Defendant Consignment Gallery. 11. During the first several years of their business relationship, Defendant Consignment Gallery, operated at a leased warehouse facility on State Street in 2 Lemoyne, Pennsylvania. For a period of time, Plaintiff rented space from Defendant at that location. 12. Defendant Consignment Gallery relocated in 20Q~ to its current location in Carlisle, Cumberland County, Pennsylvania. The majority of high end goods moved to the new location, and displayed and sold by Defendant Consignment Gallery from then until now, were and are goods on consignment from Plaintiff. 13. During the entire time of their business relationship, the course of dealing between the Plaintiff and Defendant Consignment Gallery was conducted pursuant to an oral understanding, which provided that the Plaintiff consigned goods from time to time to Defendant Consignment Gallery; Defendant Consignment Gallery would designate someone to discuss the price with Plaintiff, the parties would agree on a minimum sales price for most of the consigned goods; and upon the sale of each item, Defendant Consignment Gallery would retain a commission of thirty three and one-third percent (33'/3 %) of the selling price on previously owned goods, and thirty five percent (35%) on newly manufactured goods, with the remaining balance being remitted to Plaintiff by check. Each check as remitted included a stub with a detailed breakdown of each item sold and the recitation of the selling price, the calculation of the amount of commission, and the amount due Plaintiff. 14. On occasion, but not on any consistent basis, Defendant Consignment Gallery through Kraybill or another designee, would request that Plaintiff adjust the original price on some of the high end items, e.g., requesting that a percentage be taken off the purchase price, or occasionally requesting that the purchase price be increased, and after discussion, the parties would reach an agreement as to a new listing price for said items. Rugs that were consigned were generally subject to a ten (10%) percent reduction at the option of the Defendant. 15. In the early years of the parties course of dealing pursuant to the terms and conditions of the oral understanding, the items were identified with an expiration date of the consignment of the goods on consignment, and included an automatic markdown of the price of the goods placed for consignment.. After the Defendant relocated its operation to Carlisle, most if not all of the goods consigned were no longer subject to an expiration date of consignment or automatic markdown of price. At no time during the entire duration of the parties' business relationship, was there ever any provision for the imposition of storage fees on Plaintiff for the goods not yet sold, nor any demand that such storage fees be paid. 16. Commencing sometime on or about the beginning of 2008, at the request of Kraybill on behalf of the Defendant Consignment Gallery, Plaintiff sold to the corporation, rather than consigned to the corporation, some of the goods he delivered. Checks for the purchase price and a detail of the goods purchased, were then remitted to Plaintiff. In all such instances, Plaintiff agreed to a purchase price less than the amount he would have otherwise agreed to set as a consignment price. 17. From the commencement of the relationship through the calendar year 2008, Defendant Consignment Gallery provided a relatively regular monthly accounting 4 of its sales of Plaintiff's goods to Plaintiff together with checks for the amounts due Plaintiff. Some of the checks were signed and some unsigned. 18. Beginning on or about the time Defendant Consignment Gallery, moved to Carlisle, Kraybill requested Plaintiff to hold some of the checks that the corporation had sent to him with the monthly accountings, stating, inter atia, that the corporation was short of capital or cash and needed additional cash flow for the business. As an accommodation, Plaintiff agreed. Kraybill's requests would most often reference checks for goods on consignment but also sometimes included checks for goods the corporation had purchased outright. 19. Thereafter Kraybill, as cash allegedly became available to the corporation, would call Plaintiff and indicate how much cash she had available, and would authorize Plaintiff to negotiate and deposit certain of the checks he was holding up to the amount she allegedly had available. For the unsigned checks that were authorized for deposit, Kraybill would have them signed. 20. Over the course of the next several years, the total amount of the checks that Kraybill requested Plaintiff hold and not negotiate, continued to climb until it reached a total sum by the fall of 2008 in an amount excess of One Hundred Sixty Thousand and no1100 ($160,000.00) dollars. 21. On a regular basis, Kraybill would tell Plaintiff the she expected business to improve and requested that Plaintiff continue hold the checks, assuring him that she would make the checks good, even if it required her to use personal funds to do so. Plaintiff s relationship with Kraybill was good at that time, he trusted her and he agreed to hold certain of the checks. 22. During the entire period from mid-2008 through most of 2009, in reliance upon the business relationship of the parties and their past practices, and in reliance on Kraybill's ongoing representations that the Plaintiff would be paid in due course, Plaintiff continued to provide goods on consignment to Defendant and continued to comply with Kraybill's request that he hold certain checks and not negotiate them. 23. In late 2009, Plaintiff began to come increasingly concerned because the Defendant ceased authorizing negotiation and deposit of checks already received, which totaled then as now the sum of One Hundred Ninety-five Thousand Six Hundred Eleven and 46!100 ($195,6ll .46) dollars. A true and correct copy of said checks are attached hereto, incorporated herein and marked Exhibit "A". The Defendant also ceased to provide a regular accounting to him of the goods sold but for which no checks were issued, and ceased providing a time table for the availability of funds so that Plaintiff could negotiate the remaining checks that he was holding. 24. In late 2009 and early 2010, Kraybill, on behalf of the Defendant Consignment Gallery, made a series of representations and promises to Plaintiff that the ongoing debt owed by Defendant Consignment Gallery to Plaintiff would be resolved by a series of proposed new strategies; however, no new strategies materialized. 25. Additionally, at one point in time, Kraybill represented to Plaintiff that she was about to get married and would be selling her home, and that when the sale occurred there would be a "huge, huge, huge check" coming to Plaintiff. The sale 6 never materialized and no such payment was made to Plaintiff. 26. In the Spring of 2010, Kraybill represented to Plaintiff that she was in the process and had nearly completed an accounting of the sales of Plaintiff's goods for which he had not previously been provided an accounting nor a check, and that she would have that accounting available to him by the end of May 2010. 27. During the week of May 17, 2010, Kraybill called and left a voice message with Plaintiff proposing a meeting on Friday, May 28, 2010, for purposes of meeting and providing the accounting. 28. On Thursday, May 27, 2010, Plaintiff received an overnight letter from Michael Finio, Esquire of Saul Ewing, LLP, attorneys for Defendant. A true and correct copy of said letter with attachment is attached hereto, incorporated herein and marked Exhibit "B". 29. The Defendant asserted for the first time in the Saul Ewing letter, that the relationship between the parties was defined by a Consignment Agreement dated January 19, 2005 (hereinafter "Alleged Contract"). No copy of that Alleged Contract was included in the letter. Upon request by Plaintiff's counsel, a copy of said Alleged Contract was furnished to Plaintiff's counsel by email dated May 2$, 2010. A true and correct copy of the Alleged Contract dated January 19, 2005, is attached hereto, incorporated herein and marked Exhibit "C". 30. The Alleged Contract had, in fact, been signed by the Plaintiff. However, Plaintiff had not been provided with a copy of the Alleged Contract at the time; it did not to embody the terms and conditions of the agreement under which the 7 parties had been operating for the several years prior to January 19, 2005; nor was it intended to define nor did it embody the terms under which the parties continued to operate thereafter. Rather, the parties continued their business relationship and course of dealing consistent with the oral understanding described in Paragraph 13 et seq above. 3 1. At no time on or after January 19, 2005, did Defendant retain forty (40%) percent of the selling price of any item; rather, it purported to retain only thirty-three and one-third (33'/s%) percent or thirty-five (35%) percent per the oral understanding. 32. At no time on or after January 19, 2005, were any of the high end goods or the majority of the other items placed by Plaintiff with Defendant for consignment subject to any thirty (30) day reduction policy. 33. At no time on or after January 19, 2005, until May 27, 2010, did Defendant notify Plaintiff that certain items had not been sold and demand that those items be picked up or removed from the premises within ten (10) days after said notice. 34. At no time on or after January 19, 2005, until May 27, 2010, did Defendant ever advise Plaintiff that items or property that he had left for consignment had become the property of Defendant Consignment Gallery, to be disposed of as Defendant Consignment Gallery deemed fit. 35. At no time on or after January 19, 2005, was the pricing of the items placed by Plaintiff for consignment to be established by Defendant Consignment Gallery alone; rather, as stated above, pricing was always a matter of discussion and agreement between the parties. 8 36. At no time on or after January 19, 2005, until May 27, 2010, did Defendant Consignment Gallery, ever elect the right to terminate the Alleged Contract or demand that Plaintiff retrieve his items within ten (10) days of said termination, or advise that a storage fee of Ten ($10.00) Dollars per day per item would be applied. 37. In fact, at no time after January 19, 2005, until May 26, 2010, was the Alleged Contract ever mentioned by the Defendant or Kraybill. 38. No consideration was bargained for or exchanged prior to the execution of the Alleged Contract, and the Alleged Contract was void ab initio and unenforceable by either party. 39. All representations by the Defendant and Kraybill that the Alleged Contract was the operative agreement between the parties, rather than the oral understanding and course of dealing as reflected above, were and are false. 40. The first notice that Plaintiff received that Defendant Consignment Gallery had and was imposing "contractual storage fees of $10.00 per item per day" per the Alleged Contract, was in the Saul Ewing letter of May 26, 2010 received the next day. 41. The letter of May 26, 2010, was the first time that Plaintiff had been advised that sales of any of Plaintiff's goods had been used to off-set storage fees. No accounting was provided with that letter nor has yet been provided of the calculation of the purported storage fees or how sales were applied to off-set those storage fees. 9 42. The letter of May 26, 2010, also for the first time offered a "compromise" of a so- called dispute that allegedly had developed between the parties, but which dispute had never heretofore been identified by Defendants. 43. The "compromise" offer as set forth in the letter, was unacceptable. 44. The letter of May 26, 2010, also indicated that in the event the offer to compromise was not accepted, Plaintiff should "please consider this letter to be a ten day termination notice under the Consignment Agreement"; and that Plaintiff had to collect the "unexpired items", but that all "expired items" would remain the property of Defendant Consignment Gallery. 45. The letter of May 26, 2010 was the first time that Defendant Consignment Gallery ever mentioned that it had been characterizing Plaintiff's consigned items as "unexpired" or "expired", and no itemization of which items allegedly were expired or were not expired, was provided. 4b. Between May 28, 2010 and June 9, 2010, counsel for Plaintiff and counsel for Defendants, Saul Ewing, LLP, discussed the situation at length and agreed to negotiate to resolve their dispute regarding the consignment items. 47. On June 9, 2010, consistent with the agreement between counsel, a letter was received by Plaintiff's counsel from Defendants' counsel, indicating that while the parties negotiated to resolve the dispute, Defendant Consignment Gallery would not enforce the ten (10) day termination period referenced in the letter of May 26, 2010, but reserved the right to restart the ten (10) day termination clock in the event that "attempts at negotiating a resolution become ineffective. A true 10 and correct copy of the letter of June 9, 2010, is attached hereto, incorporated herein by reference and marked Exhibit "D". 48. On and after June 9, 2010, Plaintiff, through counsel, requested the opportunity to sit down with Kraybill and negotiate to resolve the dispute between the parties, and to enter the premises of Defendant Consignment Gallery, for the purpose of noting those items of Plaintiff's which remained at the premises. 49. On June 17, 2010, Kraybill finally agreed to a meeting at the premises for the foregoing purposes, but not until June 30, 2010. 50. On June 24, 2010, counsel for Defendant cancelled said meeting, alleging that Kraybill, was involved in a horse riding accident and had sustained a head injury. Counsel for Defendant indicated that she would be in touch about rescheduling a time for such meeting. 51. Not having heard from Defendant's counsel by July 22, 2010, Plaintiff's counsel sent an email to Defendant's counsel requesting dates for ameeting/walk-thru to proceed promptly with negotiations. Over the next three weeks, no response to the email or follow up phone calls was received from counsel or Defendant. 52. On August 17, 2010, Defendant's counsel, for the first time, took a phone call from Plaintiff s counsel at which time it was indicated that although Kraybill was getting better, her daughter was suffering health problems and no meeting could yet be scheduled. Defendant's counsel suggested that she would check with her client to determine whether the on-site meeting in Carlisle could be conducted the week after Labor Day 2010, and both agreed that September 7`h and September 11 10"' would be suitable for that purpose. 53. Plaintiff's counsel indicated during the call that because of the passage of time and concern about the impact of the statute of limitations on Plaintiff's accounts receivable as represented by the unpaid checks, Plaintiff may elect to file a Writ of Summons for the purposes of tolling the statute of limitations. Defendant's counsel acknowledged the intention and indicated it presented no problem. 54. Defendant's counsel never contacted Plaintiff's counsel to schedule the on-site meeting. 55. A Writ of Summons was issued in this Civil Action on August 23, 2010. 56. On August 25, 2010, Defendant's counsel, when called and given the opportunity to accept service of the Writ of Summons, advised Plaintiff's counsel via email that Saul Ewing was no longer representing Defendant. 57. On August 27, 2010, service on behalf of the Defendant was accepted by Seth Moseby, Esquire, of the Martson Law Offices; and on September 8, 2010, Christopher Rice Esquire of the Martson Law Offices entered the firm's appearance as counsel for the Defendant. 58. On Wednesday, September 8, 2010, Attorney Rice sent and email followed by a letter to Plaintiff's counsel re-starting the ten day termination period, in effect withdrawing the June 9, 2010 letter without having ever entered into any negotiations of any sort to resolve the dispute between the parties. 59. In a series of three emails commencing mid-day on Friday, September 10, 2010, Defendant's counsel advised Plaintiff s counsel by email that, inter alia, 12 Defendant was shutting down the business "for personal reasons";that Defendant would be selling all the store inventory beginning September 15, 2010; that the Defendant was segregating all Plaintiff's goods from the goods subject to the sale so they would not be sold; and that awalk-thru at the was scheduled for Monday, September 13, 2010 at the premises so Plaintiff could confirm the segregation of his items. The walkthrough was then rescheduled and conducted on Tuesday, September 14, 2010. 60. During the walk-thru on September 14, 2010, attended by Plaintiff and attorneys for both parties, Plaintiff observed and took photos of his goods on all three floors of the Defendant's premises. Multiple items of Plaintiff's goods remained on the first floor of the Defendant's place of business and were marked for the sale beginning Wednesday, September 15, 2010. 61. At the end of the day, a phone call from Defendant's counsel to Plaintiff s counsel advised the sale had been indefinitely postponed. 62. Following the walk through of the Defendant's premises, Plaintiff prepared a list of all his consigned goods that were at the Defendant's premises on September 14, 2010. A list of those goods is attached hereto as Exhibit "E." 63. Plaintiff also prepared a list of items he had consigned to the Defendant for which the Defendant had failed to provide an accounting or payment, and which are no longer at the Defendant's premises. A list of those goods is attached hereto as Exhibit "F." 64. Over the course of the last several years, Kraybill represented material facts, and failed to disclose material facts concerning the financial state of the Defendant 13 Consignment Gallery and its need for funds, and on the uses to which she and the Defendant Consignment Gallery put the funds otherwise due to Plaintiff, in order to induce the Plaintiff to forebear on the negotiation and deposit of the checks identified at Exhibit "A" hereto, and to induce Plaintiff to forebear on receipt of an accounting of all other goods delivered to Defendant Consignment Gallery on consignment. 65. All of Defendant's and Kraybill's representations were false when made, were known by her to be false, and were known by her to be relied on by Plaintiff. 66. Defendant failed to properly set aside and escrow the funds due to Plaintiff as Consignee when his goods were sold, all in violation of applicable law and in breach of the Defendant's duty to properly account for said funds and to in breach of Defendant's fiduciary duties to Plaintiff. 67. In relying on the misrepresentations of Defendant and Kraybill to his detriment, Plaintiff has incurred substantial damages including loss of value of the goods; loss of the sales proceeds of goods less commissions; loss of alternative sales opportunities; and incurrence of substantial attorneys fees' and costs. 68. On information and belief, Plaintiff believes and therefore avers, that Defendant Consignment Gallery and Kraybill diverted and converted the monies otherwise due to Plaintiff, to improper corporate purposes or to non-corporate purposes, all to the detriment of Plaintiff. 69. All conditions precedent to the bringing of this Civil Action have been performed by Plaintiff. 14 COUNT ONE BREACH OF CONTRACT PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 70. The preceding paragraphs are incorporated herein by reference as if set forth again in full. 71. The Defendant Consignment Gallery breached its contract with the Plaintiff by failing to pay when due the amounts represented by the checks attached hereto as exhibit "A." 72. The Defendant Consignment Gallery breached its contract with the Plaintiff by failing to account for the sales of all goods consigned by Plaintiff to Defendant for the period January 1, 2006 to the present, to include for each item its ID number, description, the date of receipt, original sales price, percentage discounted if any, final sale price, date of sale, commission calculated, and balance due Plaintiff; and the identity and location of each item unsold, and by failing to remit the sales proceeds, less commissions, to Plaintiff when due. WHEREFORE, Plaintiff demands that: a. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due on each of the checks attached hereto as Exhibit "A", totaling $195,611.46, together with interest at the rate of 6% per annum from the date of each check; b. An order directing Defendant to identify and fully account for all goods consigned by Plaintiff to Defendant for the period January 1, 2006 to the present, to include for each item its ID number, description, the date of 15 receipt, original sales price, percentage discounted if any, final sale price, date of sale, commission calculated, and balance due Plaintiff; and the identity and location of each item unsold; c. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due for each of the goods sold as reflected on the account ordered under Paragraph "b" hereof, less commissions, together with interest at the rate of 6% per annum from the date of sale of each item; d. Judgment of possession be entered against Defendant and in favor of Plaintiff for each item of goods unsold. e. Such other and further relief as is just. COUNT TWO MISREPRESENTATION AND FRAUD PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 73. The preceding paragraphs are incorporated herein by reference as if set forth again in full. 74. The misrepresentations of Defendant Consignment Gallery and non-disclosure of material facts, constitute actionable fraud and misrepresentation. 75. Plaintiff has been damaged as reflected herein and is entitled to recover a sum equal to an amount in excess Three hundred thousand dollars, an amount in excess of the mandatory arbitration limits. WHEREFORE, Plaintiff demands that: a. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due on each of the checks attached hereto as Exhibit "A", 16 totaling $195,611.46, together with interest at the rate of 6% per annum from the date of each check; b. An order directing Defendant to identify and fully account for all goods consigned by Plaintiff to Defendant for the period January 1, 2006 to the present, to include for each item its ID number, description, the date of receipt, original sales price, percentage discounted if any, final sale price, date of sale, commission calculated, and balance due Plaintiff; and the identity and location of each item unsold; c. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due for each of the goods sold as reflected on the account ordered under Paragraph "b" hereof, together with interest at the rate of 6% per annum from the date of sale of each item; d. Judgment of possession be entered against Defendant and in favor of Plaintiff for each item of goods unsold. e. Such other and further relief as is just. COUNT THREE BREACH OF FIDUCIARY DUTY PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 76. The preceding paragraphs are incorporated herein by reference as if set forth again in full. 77. The Defendant Consignment Gallery owed a fiduciary duty to Plaintiff to hold all goods assigned to it, to properly account for the disposition of said goods and the proceeds of sale of such goods. 17 78. The Defendant Consignment Gallery breached it fiduciary duties to Plaintiff. WHEREFORE, Plaintiff demands that: a. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due on each of the checks attached hereto as Exhibit "A", totaling $195,611.46, together with interest at the rate of 6% per annum from the date of each check; b. An order directing Defendant to identify and fully account for all goods consigned by Plaintiff to Defendant for the period January 1, 2006 to the present, to include for each item its ID number, description, the date of receipt, original sales price, percentage discounted if any, final sale price, date of sale, commission calculated, and balance due Plaintiff; and the identity and location of each item unsold; c. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due for each of the goods sold as reflected on the account ordered under Paragraph "b" hereof, together with interest at the rate of 6% per annum from the date of sale of each item; d. Judgment of possession be entered against Defendant and in favor of Plaintiff for each item of goods unsold. Judgment be entered against Defendant and in favor of Plaintiff for punitive damages and costs of suit £ Such other and further relief as is just. 18 COUNT FOUR CONVERSION PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 79. The preceding paragraphs are incorporated herein by reference as if set forth again in full. 80. The acts of Defendant Consignment Gallery aforesaid constitute conversion of Plaintiff's goods and funds. WHEREFORE, Plaintiff demands that judgment be entered against Defendant and in favor of Plaintiff for compensatory and punitive damages in an amount in excess of $50,000.00, together with such other relief as is just. COUNT FIVE UNJUST ENRICHMENT PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 81. The preceding paragraphs are incorporated herein by reference as if set forth again in full. 82. The Defendant Consignment Gallery has been unjustly enriched at the expense of Plaintiff. WHEREFORE, Plaintiff demands that: a. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due on each of the checks attached hereto as Exhibit "A", totaling $195,611.46, together with interest at the rate of 6°lo per annum from the date of each check; b. An order directing Defendant to identify and fully account for all goods 19 consigned by Plaintiff to Defendant for the period January 1, 2006 to the present, to include for each item its ID number, description, the date of receipt, original sales price, percentage discounted if any, final sale price, date of sale, commission calculated, and balance due Plaintiff; and the identity and location of each item unsold; c. Judgment be entered against Defendant and in favor of Plaintiff for the total sum due for each of the goods sold as reflected on the account ordered under Paragraph "b" hereof, together with interest at the rate of 6% per annum from the date of sale of each item; d. An order directing Defendant to identify and fully account for all use of all monies derived from the sale of goods consigned by Plaintiff to Defendant for the period January 1, 2006 to the present. e. Judgment of possession be entered against Defendant and in favor of Plaintiff for each item of goods unsold. f. Judgement be entered against Defendant and in favor of Plaintiff for punitive damages and costs of suit g. Such other and further relief as is just. 20 e p tful ly ted, t ~ '~ LUTHER E. MILSPAW, r. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff Dated: October 14, 2010 21 VERIFICATION I, William Aspinall, hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~~ William Aspinall Dated: ~ ~ , 2010 Exhibit "A" tD. cn 0 9--0 :J Z .~ J Q :7 Z :a n z s '` i~ 7 N lT ~l l to 0 s~ P~ T'~ •>peq uo spe~ad •sam1ea~ 6~unoag Q g _~ J 0 5~,aV~, ~~ ~J~1 W ~V "'~J ~ l ~~/' ! I x ' ~ ~. as a ~z M t ~ ~m M 1 ~ cum d• •b ~ N O ?.'"s_ co ~ o ~ a ~~ U U Z m ..~ ~ ~ O w ~, .~ >,- ~" ,.r z~a ,~ 'Q (n>¢61 QzJ~ ..~~ ~ Q ZN z ~ ~ ,~ 1~ ~ U '"~ 1 ~ _'~ ~~'~ `. V LL O = w O ~ F- ~ ~ O ~ ~ A I ~ A LfT A ~ ~p .~ 0 I r~'1 ',i ~~ ~ O w i ~ Q~ ~O 4 tsi o a~ ~ o Qf -_ .Q ~ @1 .~ ~ ~ C~ ~~ ~ O V ° U M a O o N ~ .~ .y r o •~ N 'Q O ~~ ~ ,L Q ~ U C'3 ~ H ~ Z W Z L7 Q l"WWiltt~s~~ r`_ o a v c~, m ipn cv v °m, m u3 "a~ c°o `~ "~ `O t3 0 `c6 "' ~ ~ 64 iA p f9 ~ N N ~ ff3 ~ ffl lfl fA 49 d3 S 8 8 8 8 S$ 8 8$ ~ 8 ~ ~ ~ ~ g ~ ~ p$ S S 8 8 a o o° 8 S p 8p N N m m lCp ~ 64 cN0_ ~ N a 0 f{3 F9 EH E9 (tT E9 di fR KT 0 m _Q C ~ N t6 ~ p~ e L O U1 ~ U 3 U ~ a ~ o E am oGi E ~ m ~ ~ ~ ti CC ~ N G a s m ~4 m E lL t 'O ~ 00 C~C U N d t~ N N ~ r O j `C ~ ~ d ,~ ~ O .Q m m D ~p m N `~ Z~ N Q C C W U N U O a C N r~ ¢ U U W u ~ ¢. ~~ U N g ~ ~i rn ~i ° ~ ~7S ~ ~i .°- N N r M O O Nyy..~~ •V .~ a, 0 _N CS C'7 O r! c*~ 0 O O N O N N r- •~oeq vo spe~ap semtea~ d~unoag ~g O O M ~ u .~ G ~z ~~ M m ~ m d ~ ~ n •- c ~" ~ a° [ 4 a ~ U Q M d° ~ ~ Q LL7 ~ ~ + z~a ~ N _ QUJ z~ (~ ~~~~ r C 1V S~C1' IJJ Q z N S. W I~ Y '3 . Q Z W `-' t!J ~ ~'.J ~ O ~ J ~I V ~ {.1~ r 0 w _ } ~ - O a~o O O T C a L CU L °7~ Z ~~~-{t ~U {- O I- 0 U U Q O N Ct5 .Q 's i i O S w ~ i a a ~i Z 0 ~ a o ~~ N ~ Ul 3 ~ 3 O `° LII cNv ^, I O O ~i N _. 0 0 _r m Z Rl O rP7 I '~' I ~ •~ a w O n F- ~ w r .__ o U i O a ®, N .-I r-! .-~[ d~ 3 O r a~ V a a~ i u~ d ~~ V C/V _~ L U O 0 N a C .~ ~L ~a u7+~ J J c9 Z W Z °a ~ Y C 0 U' N Ni 0 N r! .-~ `8 f'y ~~ r~ ~i, n~ m n r"'i `~, <"d n~ a `b' o M a~ cei r n°, °d g o a d CO ~ g `03 `8 o g v "r' N ~ c°JO M~ ^- S c°~ rn ~ ~ ~ ~ ~ 8 ~ ~{ c"'o ~ ~ `8i ~ ~ $ c°o ~ c~ "' `8_ ~ ~ ~ "Qv1' ~ ~ ~ ~ "' ~' ~ ~ i» `~'» ~ in i» ~ <a ~ `n i» ~ i» i~ r» ca ea er e> in Fn n vt ~ v, a» T. e» 18 8 8 8 8$ S S$ 8 S 8 8 8 8 S S 8 8 S$ 8$ S S S S$ S$ 8 S S S 8~$$ 8 8 S 8 S S 8 In In In oo In N N If7 N to In N ^ (p N ~ T tri to n N N N N C7 In N I11 l11 O In In tS) lCj to O r m r N ^ N V f~ n V Ql ~fl ~ sN{ pp ~ I~ f~ N y' d' 1c~~ fA K3 f~ n I~ fN~ I~ ~ N (V 49 ~ ~ ~ ~ (fl ~ fH ~ ~ 69 ~ ~ ~ ~ ~ ~ H 69 ~ ~ ~j ~ (O ~ fA Vi H3 fA E9 ~ fA ~ ~ ~ ~ H3 ~ EA ~ ~ FR ~ 2i T 8~ 6~~ b ~ Y~ S b~ S S B 6 b~ a b b ~ Yo 6 6 a b b 6 b b F~ b 6 a S S fl B~ 6~ 6~ ~$ 8 8 S 8 8 p$ 5 8 8 8$ 8 8 8 8 8 8$ 8 8 S 8 S S$$ S$ S 8 8 S 8 8 8 S 8 8 8 8 8 S S S IA N N !n LL] Il') N Cam' Off] N N 1!) N IN N N In N LL'/ In N O 1ri N LL"i t/i ~f1 In N M lA ~ tt) In N N N ~ O `c3 v ~ ~ c m n m rn n ~n n t~ v t~ +» va r~ m n n r, rn ~ c`~ in ~ in ~ eMi »- ~ i»» F» vi ~ °i» ~ in ~ `~ ~ i~t i» ~ ~ ~ rn ~ ~ ua v~vt ~ en ~ ~ in ~ ~ ~ ~ ~ ~ ~ is) ~ t c' Z ~ U ~ E m ~ v ~ ~m ~ d ~ ~ m ~ E n d R O~ ? U i ~ C1 > G ~ L s y .. ~ L .`ccd a °' r ~ ~i ~ ~ U o o ~ h ~ U 7+ ~ L n L ~ ~ Z N ~~ t ~ t C d (n "-' N ~ F ~ C m C D ° ~ N ~+ U ~ ~ 'E s ~ ~ > > ~ ~ c > U ¢ a m ~ o m "~ g $j ~ $ ~ a m ~ ~ S m `° a ~ E ~ m w ~ ~ O 9 O -o d ti c ~ ~ c ~ ~ >°~ w m ~ ° >y` ~ ~ U ~ >c a g c~~ o a m N :° `° 3 L t~ p o a p`ro m~ ~~ ~ a~ m o o m m Ccj ~~ a a m C7 j ,n ~ U a01i m v m `-3 ~+ ~ Td ._ -i c D d w c 'e 3 m m t F- m '~ ~~ ccd .° D~ O c m` ~ - ~ 'o > ~ m o n ~ ~ o m o ~ a v oO `~ LL ~ ° £ ~ m `~ ~ a $ $' m ~ m m ~ w ~' 8 ~ ~ ° C7 m ~ U in ~ Ua ~' can `° a >, ~ `~ m °c' m ¢ to ~' ~ >' ° a U m m d m ¢ ~ ~ m m ~ ~ >. ~' ~ o C~J~ m m ~ > > > ~ ~ ~ ~ ~ c ~ ~ m '~ ~, ~ ~ ~ ~ E m ~ ~ v ~ c m ~ ~ ~ ~ °~ `~ c g o g ~ ~2 O .~°c ~ ~ D t0. '~ '`c .c .e a`°i ~ o c ~' m ~ ~ m s r p°' m ~ $ y~~ m R a. _Q° a°~i ~ $. .o .o is ~ oO1i m icd m m ~°v .M o 0 ~ c~ a in ¢ Q Q 4 m m m m m m 67 U U U U Cg U~ W W IL tL LL O C7 C7 2 E C C c J~~~~~~ E~~ Z S F- Q a Z 0 a E 0 U Ji N C 3 3 0 0 co m N N °o w m` o` 0 H m Z z W rn rn x H W 0 U a L.. 3/7/20Q8 H`S12.i3 Painted Library Table $395.00 0'/ 1 $395.00 $2"3.47 ai5Q378 Pair of Large Scale French St~ie Upholstered $975.00 0'/ 1 $975.00 $650.3.% 6n503a"'i Pair of Rose Carved Chairs in Red Velvet $65.00 8% 1 380.00 $40.02 51173 Pair of Swivel Low Profile Club Chairs $375.00 0'/ 1 $375.00 $250.13 in51350 Pair of Tree Form Decorator Arm Chairs $475.00 0'/ 1 $475.00 $316.83 in49904 Pennsylvania 19th C. $475.00 15% 1 $403.75 $x9.30 in47~0 Pennsylvania Highback Dry Sink $875.00 0% 1 $875 W $583.63 Fn4N04 Pennsylvania House $495.00 D'/ 1 $495.OD $330.17 in51160 Period Walnut Pennsylvania $1,750.00 14% 1 $1,500.00 $1,000.50 vt47782 Persian Kashan Rug $475.00 0'/ 1 $475.00 $316.83 irt18433 Plated Ice Bucket $10.00 0'/ 1 $10.00 $6.67 in51p54 Quality Centennial Mahogany Chippendale Style $235.00 0'~, 1 $295.00 $10.5.77 in51026 Quality Glass Top Polished Chrome Coffee $195.OD 0'/ 1 $195.00 $130.07 in4818 Quality Stretcher Base Queen Anne Wing Chair $295.00 0% 1 $295.00 $195.77 X51011 Queen Anne Taboret $35.00 0% 1 $35.00 $23.35 in48304 Red Lacquer Spindle Serving Dish $15.00 G% 1 $15.00 $70.01 in48305 Red Lacquer Spindle5erving Dish $15.00 0'/ 1 $15.00 $10.01 in51130 Round Chinese Chippendale Burled Top Dining $675.00 0'/, 1 $675.0.7 $450.23 in47523 Signed French Painting $185.00 ~ a 1 $775.00 3116.73 in46640 Sold Cherry6,rtlerTable $245.OJ 0'/0 1 $45.00 $163.42 in48793 Solid Mahogany Side Board $675.00 15% 1 $575.00 $383.53 in50119 Solid Walnut Victorian Dresser $295.00 0'/ 1 $295.00 $196.77 in51234 Tall Back Wing Chair $135.00 0% 1 3135.00 $90.05 in50653 Tiny Chinese Foldng Screen $45.00 0'/ 1 $45.00 $30.02 in49720 Tomlison Black Tufted Settee $475.00 21 % 1 $375.00 3250.13 in50~i Turtle shaped Brass and Glass Venetian Type $345.D0 0'/ 1 $345.00 323072 in50082 Two Part Blind Door Wall Unit $195.00 13°6 1 $768.75 $71255 in50091 Two Part Blind Door NJall Uni[ $795.00 13'/< 1 $768.75 $11256 in50090 Two Part Blind Door V~rall Unit $195.00 73% 1 $768.75 $112.55 in50.i43 Two Part Blind Door Wall Unit $245.00 31 % 1 $168]5 $11256 1751210 Unusual Fom Weiman Italian Comer Cabinat $675.00 0'6 1 $675.00 545023 ~5~55 Unusual Pennsylvania Spindle Back Counter Top $775.00 10'/ t $695.00 $463.57 in49945 Victorian VValnut Re.~tangular Mirror $75.D0 0;6 1 $75.00 $50.03 51783 While Leather Desk Chair $45.00 0'/ 1 $45.00 $30.02 x1249 Woman with Flowers Bronze $225.00 0% 1 $225.00 $150.G3 totals for: Bill Aspinall Gariis[e 80 $15,G26.31 ~~~~.~2 1~NE ~oNSI~N[~4EN7° GALLERY, INS. PATRICIA MARBAIN 164 NORTH HANOVER ST. CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 3/7/2608 Pennsylvania State Bank A Division of BLC Hank, N.A 60-244-313 -r 0 d 0 15, 626.31 DOLLARS PAY 10 THE oROEROF ~iil Aspinall Carlisle Account __ Fifteen Thousand Six Hundred Twenty Six and 31/100 Bill Aspinall Carlisle Account MCMO VOID AVER 60 DAYS u AUTHORIZED SIGNATURE ._._ -.~..,:~..;~..~w~:--1~~k=-rim:-~_~,~~~j_-m:;a.~:s -~.~.~...:~.:~r II'Ob~,~Z211' i:03L302~t,2~: ~5. OS51 '711' 0 O r N U ~. i N ^~ a yr .E.• w' i o p N U © Q' V r~ O i~ ~~ N ~'C ci ~ C z~ O ~L Q U c7 N h 0 w z Za 0 1- ~o ~; 8 8 S 3 8~ 8 8 8 ~ri o ui ~ ~ ~ ~ o m vt in ~ w ~»- ~ ~ ~ r N r r N c7 r .- 8 8 8 5 8 8 8 8 8 ~(j lri Ln O u7 ~ N O N (+l ~ ~ N ~ N ~ N ~ ~ H3 6`~ HJ U N 9 N N a a ~ ~ N o ~~~ Y ~ ~ ~ c •~ ~ U~ m m U c3,_ a ~ h € _ ~ m N = ¢ ~ ~ C a C7 ~ ~ 'c a' ~ ~ ~ ~ ~ ~,O '~ >. ~ m ~~~~~gooo ~~o~~ ~~~ FF ~ ~ C ~ m C ~ fD m ~ an d m o y IIc o o h a~i o 'rd w o ~ d ~ of m J ~ ~ ~ (n ~ F- 6 - c~ d- N N r T ~' T O U .Q ~' ~. L fl7 b h- 0 H~eq uo spe!aa 'samlea! Rl!moag (~ o r-{ ~ '~ (~ ~ J r-4 iii N O N o r T N Q a ~O ~ N ~ d M a x c ~ mZ O `: = m O ~ m m ~- . `~ m ~ N ~ c ~ N ~- O N > ~ ~J"~ C a ~ ~ '{ ~ U I- v ~ ' ~ . ~ ~' ~ i ~1r ~ N ' f _ M o ~ eL ~ ii _ i, W cn ti ~ a~z~ U pp ~R( Q7 Q ( ~~ ~ V Qz~~ ~ z ~_~~ ~ Z N w _y ~ ~ J ~ U ~ ~ LL I~ li ~ ~ i ~ i i ' 111 r°' O W ~ = W F- ~ a ~ O N .-s u~ ~^ ._ o- Y.. O '~-~ U ~ iO Q r,s o ~,, ~ ~ 0 • ® ~ n ~ U D .~ ~~ ~ ~ ~ o .s iJ3 ~ ~ L T+ 0 ~ _ {{ P _ ~ ~ ~ ~ ~ ~ '~ .. . O _ Z W g i ' P t4 c°~ ~ 6 a ~ ~- ~. ~ ~"? c~ ~, ~r ~ T' ' r' ' ~ sainlaal R14~~°aS o si1a1a4 ~ ~n ~ ~ ~ c~ ~ ffi ~~ .~oeQ u 1 L ~ i 1 ~ ~. CC L + + ~ l ^~ j ^ Q `: r~ /~ W ' Cn rfi pp ~ `~ r ~~` oo O p ~ O' ~ ~ 4 1 L ~ , ~ ~ U ~ N N ~ ~ ~ ~ ~ ~ 4 p ~ D ' ~ a 1 ~ ' ~ O eL = N 1 `1 N D N ~ t.f7 ` O 7 4 ~ ~ ~ ~ r r r ~ ` 't S V Y ~ f ll G ~ C3 ~, ~ Z ~ c m ~-' ~ Q $' ' CJ7 u cy- ~= Y ~ ~ ~ ' ~ ~ N S 1 o © y 7~ ~ ° '~,' o ~ I a o ,,,,,,, g U ~ °~ a o '+ ~ a ~ r gg ~ Q. • - ~ U ~-., ~ Q ~ ` ~ ~ Q ~ .~ N ~ ~ ~, ~ ~ ~' Ll- ca rx ..., i~ 1- ~ ~ ~ (~ r °' N `~ 6~ 0 d ~' ~~ (, Z "'~ (u "' Y ~ O `a (~ R ~ ~ ~ ° p N ~ ~ T ~ j by ~~ J U _ r Z ~ ~ ~ ~ ~ 0~ ~ 2 Y i A ~ tJ ~J ~ ~~ ~ _~ ~ ~ ~ ~ ~ w 6~ ~ ~ f ~ A ~ ~ a °~ ~ ~ ~ ~ ~ N ~U~d~ ~h ~ ¢ s~--'~ ~ a w ~ '' ~ ~ ~ Qz ~ d ~ ~ N o u- ~~'~~ ~ ~~ ~ ~a ~ °~ O ~ ` ® ~ ~ i- = ~ v ~ _ ! ~ , ~ ~ 1 ', ' fl ~ , w w i, ~ o 0 p o r 4 Z w z d U n O N N 0 m m Y NN d O w z W x 3 7 N N Cry `~' s-1 N U a N N Q 4- O U a c .~ ~i .~ j~ C _ O ~~ 2 L a U 9 ~ ~ 0 9 0 I i~ 8 ~° I S ~ r (fl ~ S Y~ 0 8 ~ ~ c C > ~ ~ ~ . L E ~ ~ m a rn 0 u~ IN .~ m i O tf! N N C7 r-i N ~Hoeq uo spe~ap sam~ea~ /qun~ag 'N j~ ~ +~' ~~ ~¢ ' ~ J I ~ O Q 1 ~~ I( r ~ ( ~ ~ ~~ ~ ~ O N ,~ ~ .,. ~ ~ N ~ Q ~ O i ~• ~ x q ~°~, Z M \ ate.. ~ .--i ~m m "' m v .~ o a i ;~ a ~~ n., V ~ Z_ T ~ M ~ ~ ~ i W ~ •-+ J Z~Q Q m7z~ C3 ~Ojd~ ~ ¢Q>"pi ~ ~ -~ j ~ U~'W I~ ~ ~~ .Z ~ ~ ¢z~i~ ~ ~ ~ _ ~ ~ ~ J I Z ® ~ Q N ~ ~ L7.1 ~ i ~ ~ TT ..J. ~ n V ~ Li.. ~ W [[ } H ~ d ~ O . c ~ ~ ~ O Q. U _~• i~ ~_ ~y~-~ m t1 C~ a~ O L!'1 .~! S~ rP1 ^^ ti R1 rt9 is ~ ^~ n o i w s ,-I M m U a J+ ~j~ G ~ a v~-- Q V. , o Q °~ Q a .~ o •~ N i .7' ~ ~ O n J ~L U 9 N 20 ;!'7 ~ ~ 1 :'~~ v m c`~ ~ a ~ $ chi M ~ f' c~ N ~N~~~~~~~~~~ N 18 8 8 8 8 8 0~ 0 8 8 S m c`ni ~°n ~ m ~ m ~ ~'i °oN n m pper,, 6 y~y ~~ r~ ch 3~ tc3 ~ m ~ ~i M 0 °o c4i S g S g °o $ °o, g g °o 0 N IN O tri iA N A N N N~~ ~°'i r°'i ~ v rri v ~ ~ ~ °n~ ~ a rn » vs rn v3 » Fi ~ e3 ~ ~ .~ /~ N (7 _y, 'O i / ~ O O ~ ~ ~ O ~ ~ N NL - a ~ ~ O s rn m w ec- ci ~ ~ ~ ~~ o N y E~ ~' ¢ .o N ~ ~ y -~ ~' ~ ~ ~ ~ 3 ~ CTS E u" `o U ~' ~ a ~ ~o ~ °' f9 U1 ` N N S U N ~ U ~ U _ °' > > a ~ m m° Q y Y cyi .Q c N ~ ?• ~ ~ o ~7 n o n a U W 11 lL 2~ O a 2 (n (n ~ o ti ~ ~ ~ ~ ~ ~ ~ o ~ '~oeq uo spe~ad •sa~n~ea~lgpnaag ~~~ i C'7 ~ __~ cNU g 00 i ~ ----~ N ¢~-- 0 o {~. N ~ w ~ o w N ¢ ~- _ i (~ ~ i ~ Q i ~ ~ d z ~ w _ ~ ~ m m ~ m d. ~ ° N ~ >,> i > ~ ~ ~ ~ ° O ~ [a O a N I' i H~ r -ice O _ W ° ~ V m ~ ~ ~ ~ ~ ~ ~ O ~ N ~ ¢wz~r C'J ~ U cl ~ CT z J ~ '~-' d LtJ Q=zN ~ _N ~ ~ U ~- w r~ _ W ('~ F- o ~ ~ ~ J ® ~ ~ Q E U ~ ~ ~ ~ Q CC C r I- ~_ ~ ~ .5C Q V LL. O W ~ } ~ ~ ~ ~ ~ W ;~ ~ 0 a ~ ° i _ ~"' U d ~ 3 3 i i p i o o y O l ^~ N N a ~ .. 'o ° m ~ H ~ ~t R] Z R~ O I~ .-a w a O ~~ m m 2 w r ~ N 7 .--~ r o .~-7 0 U _ o - o a 6/25/2008 ir~479~ Translucent Cameo Pin $45.00 (P,6 1 $45.00 $30.02 in50757 Unusual Satsuma tamp $115.00 0% 1 $115.00 57671 irx1~i95 Vintage Mahogany Queen Anne Wng Chair $195.00 ~/° 1 $195.00 $130.07 ~5~04 Walnut Lrft Lid Storage Box Footstool $65.00 0% 1 $6.5.00 $43.36 }7674 Watercolor Silk embroidery 5225.00 0% 1 $~ ~ $150.08 in50967 White Iron 3 part Plant Rack $245.00 41 % 1 $14,5.00 $~-72 Totals for: Bi11 Aspinafi Carlisle 52 $7,669.50 :H~Cs¢~IGNMENTGALI,~tyliNCASpInaIl Carlisle Account May X4317 i D Description Originai Price °i° ofifi Qty Seif Price Your $ in50652 Antique Brass Dog Doorstop $95.00 0'/, 1 595.00 $63'37 in51348 Antique Mahogany Inlaid LiB Lid Sewing Stand $245.00 20'/, 1 $195.00 $130.07 in50620 Arts and Crafts Style Mica Shade Table Lamp $125.00 ~6 1 $125.00 $83.38 1~ ;j in50795 Brass Lobster $10.00 0'/ 1 $10.00 $6.67 ~ in52287 Burled Elm Marble Top Bombe' Chest $875.OD 9% 1 $795.(X1 $53027 in48900 Cherry Gate Leg Drop Leaf Table $295.00 0% 1 $295.00 $196.77 in49585 Chinese Oval Inlaid Coffee Table $375.00 27% 1 $275.00 8183.43 in51825 Cinnabar Taboret $95.00 0% 1 $95.00 $63.37 in48560 Contemporan/ Maple lingerie Chest $475.00 42% 1 $275.00 $183.43 1 Contemporary Maple Lingerie Chest $475.00 42°6 1 $275-00 $183.43 _ I3 Contemporary "Van der Zee" $475.00 16°b 1 $400.00 5266.60 in51832 Decorative Arts Chinoiserie Mirror $375.00 1396 1 $325.00 $216.78 in5C911 Decorative Piate, Tin $10.00 0% 1 $10.00 $6.67 i1~46820 Elaborate French Inlaid Table with a Musical $345.00 2(P/ 1 $275.00 5183.43 in48436 Engraved $45.00 ~6 1 $45.00 S30.02 in52321 Framed Botanical Print $65.00 23% 1 $50.00 S :3.35 G~52322 Framed Botanical Print $65.00 CP,6 1 $65.00 $43.36 in52302 Framed Fox Hunting Print $125.00 0°~6 1 $125.00 583.38 in51897 Framed Stained Glass $175.00 11 % 1 $155.00 $103.39 ti X48717 Fr=rich Provincial Arm Chair $145.00 0'.~0 1 $145.00 SSA 72 it?co74 Garden Urn CP.~6 2 $310.00 520.77 HE ;~Q~~GNMF~,~~-I~,~RY, INC. ~6 1 $175.117 6116.73 -~ ~, ~ ~ 7 ~;E674 Garden Urn 11°~~ 1 $155.00 . ~ $103.39 in4F£74 Garden Urn 10'0 1 $130.50 587.04 in50300 Green and White Chinese Garden Seat $85.00 0'/ 1 $85.00 $56.70 in504~3 Green Marble Top Pahogany Finish Coffee $75.00 0;6 1 $75.00 $50.03 in5C673 Leather Top Cherry Kneehole Desk by Maddox $375 CO 2(P6 1 $300.00 $200.10 in50982 Lot of 4 porcelain Epergene $45.00 0% 1 $45.00 $30.02 in4ft77 Mahogany Rococo Recamier $875.00 21 % 1 g6o5.0p $463.57 in51091 Marble Top French Bombe' Commode $875.00 S% 1 $795.00 $53027 in50872 Marble Top French Boule' Ebonized Console $975.00 18'/° 1 $~~~ $~~~ in50315 Noah's Arc 53.00 0% 1 $3'00 $2.00 in49126 Pennsylvania Softwood $195.00 0'/ 1 $195.00 $130.07 in5Q~41 Period Empire Arm Chair $195.G0 0% 1 $195.W $130.07 inS10?S Quality Bamboo Ebonized $295.00 0%0 7 $295.00 $196.77 in5?920 Quality Pair of Queen Anne Wing Chairs $675.00 11 % 1 $600.00 84D02o in4830G Queen Anne Pumpkin Leather Wing Chair $395.00 18% i $325.00 $216.78 i~98 Reticulated Chinese Export Porcelain Lamp $145.00 14°~6 1 5125.00 $~~ in509i5 Set of 6 Painted Upholstered French Style Side $575.00 66%6 1 $195.00 $130.07 ir>r.~0209 Silver & Gold LaBarge Mirror $375.00 40'/° 1 $225.00 $150.08 4 Silver Trinket Box $2500 0;6 1 $2500 $16.88 ~. .31 Softwood Mortise Bench $85.00 0'/° 1 $85.00 $5670 in50473 Solid Cherry Trestle Table $875.00 23 % 1 $675.00 $450.23 in5?5~ Tall Figural Cloisonnb' Vasa 595.D0 ~6 1 $95.00 SG3.37 in5LG02 Tall Palace Urn with Goid & Floral Motit $75.00 0'6 1 875 ~ $~ ~ DUCT DLT104 USE WITH 9379 ENVELOPE NESS To Reorder: 1-800-225-6380 or www.nebs.com PRINTED IN U.S.A. A _- - _ . ..._ ~ -- ,~~.~we,. - --,~.,. e,._._.~.... __ _ - - - _ .. -_--m~--M_~- . .._~ ~--~~.~-~--- __ ..-----_-.~..~..~=.rs.. - - _ 1 G.~1 7 SHE C®NSIGNMENT GALLERY, INC. ~'~°® Pennsylvania State Bank PA I RICIA MARBAIN A Division of BLC Bank, N.0. 164 NORTH HANOVER ST. 60-244-313 CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 PAY TO THE ORDER Or= dill As~~n~[! Garl~sle ~cc~unt Seven Thousand Six Hundred Sixty Nine and 50/100 Bill Aspinall Carlisle Account MErvro 6/25/2008 ~~• U a 0 0 7,669.50 ti DOLLARS R 6~ DA(t'S II'Oi43w'711' ~:0333024ti7s; 353 0353 711' c~ ~-t d cn c~ ,~ 7c~ O O ~ c~ f~ N CnJ, M O c0, ~ N~ O O C Lam'), ~ V ~ (m9 V r M V ~ 0 7 ~ V O M M ~ r r~ ~T ~ O r i3 8 ~ ~ Y3 ~ 8 ~ ~ ~ ~d `aa °o ~ <°.~ ~ c"d ~ ~`$ ~ ~ ~ c°Nd ~ ~ "~ `~~ .°-~ ~ ~ ~ ~i ~ 8 ~ ~ ~ g ~ ~ ~ ~ ~ m U a N T ~r+ ~ ~ ~ "_ 0 ~ /~ O V V ~ a~ ~ a N m _ C_ L ~L~ (~ 'i U ° \V ~. Q C O Q U N N ~/~ +'4 Y J Q z Z 1 8 8 8 5 8 8T 8 8 S 5 8 8 8 8 pp 8 8 8 8 8 8 p 8 8 8 p S 8 1W 8~ $ 8 8 8 8 y 8 8 c 8~ 5 8 8 8 8 8 p 8 8 8 ~ 8O 8 S n cONc~~i N ~ ~ d' N N ~ ~ b~9 ~ N ~9 8 ~ ~ N N O t~0 ~ E~9 M fA ~ N V ~ Cam') c`J ~ N ~ ~ ~ V ~ ~ N N EA N ~ ~ ~ e3 i» ~ e9 i» a e» E9 En iA EA vj i» `~ (fl (A Y3 » 69 H3 `~ G9 e» (~ 4l3 e3 in EA E9 fA » <» o ~ ~ o o ~ ~ ~ e o ~ ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ o ~ o ~ 0 0 0 ~ o ~ ~ ~ o S> $ ~ ~ ~ ~ ~ b a S R ~ ~ ~ ~ R S ~ ~ ~ ~ ~ $ ~ ~ ~ b ~ m ~ u~ v N S ~ &, 8~ 8 6 Ln a ~ 0 8 5 8 8 8 8 8 8 N 8 S o pp8~~ 8 8 5 8 8$ 8 8 5$ 8 t 0~ o p S~ 8~ 8 S 8 8 8 8 8 8 8 8 8 8 8 p 8~ S$ n m ~ m m m t~0 O V (O V ~ N m~ N V~ ~ N N cND ~~ c^O EWf1 ~ N N~ ~ O~ N N E a 7 V ~ ~ N N EA N ~ ~ ~ N ~ O C N N N Y a s c Z~ . ~ F L L m~ ~ ~ ¢ ~ ~ ~ v (J c c ~~ 'N U Z' ~ U 'OO N ~~ 7 01 a " U ~ U C m m p N c O O ~ ~ c o ¢ m ~ ~ o o. lL t L D ~a ~ m ~ r O N d N ~ ~ ~ ro a o ~ -o .3 ~ ~ m a ~n ~ o ro o u o ~ ro ~ ~ ~ m n ~_ ~ ~ ~ U] m a E 'S c ~ ,3 °~ .ro ~ r U L E aci ¢ ~ a E o m `o m o ~ a~i lo- ¢ °' ro U L m U7 'c 3 t in .~ ~. a ~ ~ cn ~ c cn ¢ ~ a c a ro y m 'o m m o c 'n ~ CD N ~~ d ~` c o ~ N A ... y U a o .~ a ~ m ~ m m m m U a ~ ~' I7 LL ~' x o a m m ~ ll: G C L N F n o m °. d .~ ~ U m Z :o o m W `m °c' c ~ 00 n o S] ~ L o U ~ m ~ a ~ ~ ~ a ~ m a i a m ~ ~ `° ~ ° ~ ° ' ~ ~ ~ o o m a ~ o o w U o ~' ~ ,~ d ° m ` W ~ ~ ` ¢ ~O ~° a E o ~ F m ~ rn m o~~ o o >. F- w 9 U G ~ m -~ ~ - ~ ~ Y 'E d i m Y~ F a ~ ~ m r m Y L a i ~ o 'N - m o o m~ ._, li ~~ U m a ~ N 11 O iV 3 N E S m v C C p J Ytl E ~ O - G N N o E G a N of c a O o m d o a` `° > ~ O m H N C B ~' O m `" ¢ c m (n Y ~ N a ~ C t7 .- 'S ~ ~ ~ c ~o ~ p L~ y O1 O U OI ~' 'a~ `~ -OO E c .o ~ ~~ 'a o m ~ ° 'o c ~' c p `~ ~' iL E ~ c ~ i m ~ m ' ` W C _ _ m m °~ °~ oo ~' ~ L , o d ¢ ~ U `G K 2 N N N N N U N N ° O ~ m d$ d (I7 ~ N ~ ¢ , n o ~ o N 'o U ~ lL OI Y ~. W C U N c [O ti d > ~ > N~ O N E~~~ ti aoi g Q a v m c x m ~ o ~, Vi m= a~°i ~ aci ~ c `a `o o `o `o c o 'voi ~ a~ o~~ d ~ a m N N c<ai Ln vai ~¢¢¢ a m° U w w ii C7 2 5 ~~ z W O a d a a a a a a a a¢ rn °~' cn ~ ~n ~ ~~ ai c°n ~ Z ~c`~{ Orn~ po Cp~ crnO ~{ N ~ cV r N ~ ~ ~ pp~~ ~ L.~- ~ ~p V N ~ ~ lpn~J ~ ~ QN~ Opi N ~ O o~ 8 p~J ~ (~~ ~ ~ 1~ ~ n ~~ 1W~ (~~ (V~ [p}~ m~ N ([NJ ~C}7 ,G C ~ C ~ C C C C ~ ~ C ~pO ~ C 4 N C C C ~ ~ C _ _ N N 0y1 I~ I~ N 1~ N 1~~} m ~ N L7 ~ ~ C ~ C ~ C ~ C ~ LEO ~ ~ UJ O O C W 12 lnC IGU C VC _ ~ , , _ _ . . , a H z 0 w F a E 0 U N n m c 0 r~i N 0 0 o` H Z O w C^i m r 3 J U O a iWE C®NSIGNMENi GALLERY, INC. PATRICIA MARBAIN 164 NORTH HANOVER ST. CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 PAY TO THE ORDER OF dill Aspinall Carlisle Account Nine Thousand Four Hundred Sixteen and 4/100 Bill Aspinall Carlisle Account U~EMO 7/29/200 Pennsylvania State Bank A Division of BLC Bank, N.A. 60-244-313 `#' 1~a36~ '° \ a 0 d 9,41 E.04 b DOLLARS ;, AYS B __ _ II~OL~~36111~ i:0~~~02447~: ~5L 0~5~ III' cn c~ M ,--I 4f3 0 M c~ .-i 55a~~ chi, cc~ ~ v5~ o~ n o~ o o `a o ~~ vi, vii, g g o m M n~ `° o m~ F~ ~ oNi cmo. ~~ o o v~~ ~ o~ n c~, 2f'i i» ~ n b5 ~ c8i ~ ~ `8i ~ cr°~ `~ coo °~ ~ ~ ~ ~ ~ ~ ~ ~ ~ `° cZ °r~ ~ m `O ~ ~ ~ ~ c`~ c~ ° c`~ ~ ~ ~O c°r'~ c`~i ~ fA r EA 4Y (i3 to W) (fl f9 63 H rs r» ~ vi _ r~i r» » E» `n c» v3 c» EA ~ Q d U a m ~ a ^J L /~ V V ^Q W N i U .Q vI a t~ 2 W z F- O d a` c .~ ~L O C O V N d O I S 8 S S 8c~$ 8 8, 8 8 S 8 8 8 8 8 8 S$ o S o 8 8 8 8 0 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ~~~ ~, I r r r r r r N r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r N N N r N r r PU EJ ~ YJ ~ PJ PJ S PJ F] a a FJ FJ [~ FJ a S PJ ~ FJ P~ FJ ~ EJ PJ eJ ~ a R PJ ~ FJ F~ ~ S S F FJ ~ ~1 a PJ FJ FJ S pN S S$ S 8 p 8~ 8 8 p 8~ 0 8 ^ 8 8 S c S~ 8 c$ S 8 8$ S 8 8 8 8 8 8 8$ S 8 8 8 S 8 8 S V ~A m N V 6P4 N ~ ~ N fA ~ N ~ (~(~~ FA ~ di ~ ~ ~ ~ fOH ~ ^ 7 EFJ N tom{ N V ~ N ~ ~ ~ O N ~ E9 E9 ~ fA ~ E9 fA 69 ~ fA rM 69 fA ~ ffl ~ b3 ~ ~ 69 fA ~ 6'} m N N y y C L O m~ ~ U ~ a o w m m ~ ~ ~ `m °o 'S ~ 2 ~ ~ N L U L 'O J d j E L t v ro ~- ~`~ o c o n °- r 3 °c' o ~ g~ U m a ~ o o d d 3 N~~ ~~ U L y m~ n Q~ d U~ popf a ro m a~ o ~ ~ m 2, ~ ~ ~ _m 3 m ~ j m d ~ .S v rn t~ ro o U U = C7 ~~ in U o. .. ~ o m '~ c~ ~ `o o~ 7 a c o N L ~ o m ~ o r ~' ~ ~ " `-0 ~ of ~ ~ ~ °o I ' F- E N a ~ J ro ~ $ .~ p c U ~~ ~i .` m¢ ~ o o~ ~c o c ti cal m -o o ccd c s o~ 'm D ~ L~ m >>> L m aci °~ m a I- a ~ U .3 o n r= o ~Srd a ~ 3~ 2 c J m~~ d c U ~OC ¢ L Of T F- F~ ~ N~ lC ~ d E~ U U O t t F- C -p ¢ ~ L O O 0¢ > y C C ~ ~ a) O~ 'O >/ N~~ C O~ ~ y ,N W~ C d W U! p G J C d N U C t` N t } > ~o ~~ a li m E E E E E E c c' m i3 .~ m a cZ o '~ a ~ o o a w w a o iL ~~ U~ ca m e °~ ~~ aNi c c ~ v °m ~~ ~ v w 3 >. L a m d>>~~~~ ro U U U v v ~ x ~ v 3 ~ ~ 0 > > ~ o ~ m ~ m ~ (s$~~Q ¢ °~ ~$ ° ° U ~ ~' r ~ t$ E ~ ~i m L aci aci aci aci aci aci ~' L L L D. II F~ N= n 0 ~ Q Q 6 Q~ d N J J ~ t0 N C > N ~ Gl J ~ ~+ N ~ N N N l0 ltl N l~L (tl l~ f0 m rn rn c ~ ~c c ~ r r L° '~ ~ m m L .c o~~~~ o C7 C7 C7 C7 C7 C7 r r r N N N (`7 (7 [7 7¢ ¢¢¢¢¢ ¢ m m m m~ m U U U U U U U 0 0 W (L 11 lL LL C7 W Z N ~i O r O W n ~ N O `~ W [0 (O n r ~ ~I NP ~ N _N m '- ~ OI n n r ~ n r ~ I~ n~ m m n ~ ~ n `~ `c{~ r Si ~ ~, ~ GS ~ rn ~ ~ ~` m ~» ~i ~ c~ -...--~`'~ W 2 F- Z 0 w ~- Z w a 0 z rn ~_ U `o a si2si2oo7 in49019 Glass Paper Wt. $21.00 0'/ 1 $25.00 $16.68 in49021 Glass Paper Wt. $25.00 40'/ 1 $15.00 $10.01 in4~'71 Gowan Heriz Rug $495.00 0% 1 $495.00 $330.17 it148920 Grey Pennsylvania Mortise Bench $85.00 0'/ 1 $85.00 $``.~G.70 in47507 Ivory Field Kashan Rug $1,750.00 9'/ 1 $1,600.00 $1,067.20 in48LYi9 Large Moths in Small Display Case $20.00 Q'/ 1 $20.00 $13.34 in49735 Mahogany Chippendale Style Arm Chair $295.00 0% 1 $295.00 $196.77 in46814 Mahogany Leather Top Desk $325.00 9% 1 $295.00 $196.77 in49423 Mahogany Regency 3 Tier Stand with Brass $175.00 0'/, 1 $175.00 $116.73 in49414 Mahogany Tea Cart $175.00 0'/ 1 $175.00 $118.73 et47355 Marble Top Table $165.00 12'/, 1 $145.00 $96.72 in49221 Marble Top Taboret $65.00 0'/, 1 $65.00 $43.36 r!~iM8197 Matched Pair of Mahogany Hanging Dome TOP $195.00 C% 1 $195.00 $130.07 ,y, in47852 Matched Pair of Queen Anne Wing Chairs $295.00 17% 1 $245.00 $163.42 +n49214 Mirrored Framed Mirror $45.00 0% 1 $45.00 $30.02 in48914 Modern Black lamp $25.00 0% 1 $25.00 $16.68 in47080 Modem Cane back Green Upholstered Chair $95.00 21 % 1 $75.00 $50.03 n49055 Painted French Marble Top Coffee Table $95.00 0;5 1 $95.00 $63.37 in49731 Painted YelbwTelephone Stand $45.00 0'/ 1 $45.00 $30.02 in49077 Pair of Blue and While Porcelain Table Lamps $14500 0'/< 1 $145.OD $96.72 'rF47510 Pair of French Arm Chairs $875.00 ~% 1 ~ ~ ~' S-' u~48465 Pair of Italian Porcelain Dogs $145.00 0% 1 $145.00 $x.72 in494~ Pennsylvania House Queen Anne Wing Chair $195.00 0'/0 1 $195.00 $130.07 in49125 PennsylvaniaSoitwood $195.00 0'/ 1 $195.0.'7 $130.07 irW6975 Pennsylvania Walnu[ Sheraton Single Drawer $395.00 0'/ 1 $395.00 $20"3.47 in48553 Period Empire Chest of Drawers $575.00 0'/, 1 $575.OD $383.`x3 iru19001 Period Mahogany Empire Foot Stool $12x'.00 Q'/ 1 $125.00 $83.38 in49565 Period Mahogany Sheraton Pemtxoke Table $375.00 0'/, 1 $395.00 $263.47 in49875 Period Sheraton Table $475.00 0'/ t $475.00 $31683 in48210 Piece ofNzedlepoint $15.00 0'/ 1 $15.00 $10.01 in48815 Rattan 3-part Writing Desk $325.00 0% 1 $325.00 $216.78 w14Si96 Red Banker's Chair $75.00 0'/ 1 $75.00 $50.~ e-t375P3 Set of 2 Bench Seat Hickory Chair Sofa $3,500.00 29'/ 1 $2,500.00 $1,667.50 in49311 Set of 4 Solid Mahogany Green Leather Banker $295.00 0'/ 1 $295.00 $196.77 &148713 Set of 6 Bird Cage Windsor Side Chairs $1,475.00 0% 1 $1,475.00 $983.83 irrM19413 Set of 6 Ladder Back Dining Chairs $295.00 0'/ 1 $295.00 $196.77 in49374 Sheraton Chairs $1,250.00 0% 1 $1,250.00 $833.75 k148797 Solid Mahogany 2-Pedestal Dining Table $875.00 0'/ 1 $875.00 $583.63 in79407 Solid Mahogany Dish top Queen Anne Candle $115.00 Dio t $115.00 $76.71 in49",63 Tambour Front Flame Mahogany Satinwood $1,275.00 0'/ 1 $1,275.00 $850.43 1;149336 Tan Queen Anne Wing Chair $125.00 0% 1 $125.00 $83.38 M'r18425 Teak Single Drawer Night Stand $65.00 0'/0 1 $65.D0 $43.36 h147071 Thomasville Oak Jacobzan Style Lead Glass $675.00 0% 1 $675.00 $450.23 t~48557 Tiffany Syle Leaded Table Lamp $295.00 D?o 1 $295.00 $196.77 e".49J07 Unta^,e 3 ~:ece W~;ker Set $475.07 0',b t 5475.00 °x316.83 rra2119 Vintagz Camel Army &ankzt $45.00 0'/ 1 X5.67 830.02 Totals fc~r: B!!I Asplnall ~arllsle 96 $22,274.47 ~ V ~ti~ \ `l~~ ~o _- .. _ _. _ - 13333 .. THE CONSIGNMENT GALLERY, INC. PATRICIA MARBAIN 164 NORTH HANOVER ST. CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 .~h. ~Y 8/2S/2007 60-244/313 PAY TO THE ORDER OF Bill Aspinall Carlisle Account _ Twenty Two Thousand Two Hundred Seventy Four and 47/100 Bill Aspinall Carlisle Account V1EM0 ~a 0 m 22,274.47 VOID AFTER 60 DAYS AIrHORIZED SIGNATURE _ ~cK.._~.~a 383.3 .......~._.,~ ._ ::z...;_ ~ ~..,..,._,. ~.. ._ v II'OL3~3311' ~:031302~~~,7~: 15L Org5~ 711" TfifiSQt~~IGNMENTGALL~I~~C.Aspinall Carlisle Account Augll$t 13889 ~~ ~ Description Original Price % off Qty Sell Price Your $ m48427 18th C. Italian Crest $375.00 G'/ 1 $375.00 $250.13 in47730 19th C. Etching -Wood Block Print $20.00 0'0 5 $100.00 $66.70 in47730 19th C. Etching • Wood Block Print $20.00 0'/ 1 $20.00 513.34 in47512 2 Tier Brass and Glass Oval Tray Table $475.00 i6°/ 1 $400.00 $266.80 in49542 3 part Wicker Folding Screen $85.00 0'6 1 $85.00 $56.70 iM9723 3 Piece Green Wrought Iron $395.00 0'/ 1 $395.00 $263.47 iM9122 4 Drawer Cottage Dresser $295.00 0'/ 1 $295.00 $196.77 in49762 4 Piece Leather Grouping $2,750.00 0'/ 1 $2,750.00 $1,834.c^5 irt49810 5 Arm Crystal Chandelier $225.00 0',b 1 $225.00 $150.08 n50019 5 Piece, Low Profile Newly Reupholstered $975.00 0'/ 1 $975.00 $650.33 in49785 Antique Brass Vase $15.00 0'/ 1 $15.00 $10.01 irt48435 AntlqueChippendaleType $375.00 9'< 1 $340.00 $226.78 in47517 Antique English Walnut $195.00 6'/ 1 $18330 $122.2^0 in49568 Antique French Fautiel Down Cushion Chair $295.00 0'/ 1 $295.00 $196.77 in47658 Antique French Painted Side Chair $125.00 0'.6 1 $125.00 $83.38 in46867 Antique Mahogany Mirrored Music /Bar Cabinet 5295.00 10% 1 $265.50 $177.09 irt,8299 Antique Wooden Comb $10.00 0% 1 $10.00 $6.67 in47559 Art Deco Bronze $345.OD Dia 1 $345.00 $230.12 in49092 Art Nouveau Hieroglyphics Chair $125.00 Q?;6 1 $125.00 $83.38 in49476 Birdcage Windsor Style Arm Chair $85.00 D?o 1 $85.00 $56.70 in49032 Black Desk Chair $25.00 0'/ 1 $25.00 516.68 THE Q4NMEp~~sAkh~lGri~se Bowl $10.00 0°0 1 $io.oo $s.s7 13 8 8 9 In48313 Bronze"Beat $295.00 0'b 1 $295.00 $196.77 irx19662 Carved French Arm Chair $295.00 0'/ 1 $295.OD $196.77 in50047 Carved pair of French $395.00 ~/ 1 $395.00 $263.47 in4~d28 Cherry Bamlwo Mirror $125.00 40°b 1 $75.00 $50.03 irr69„ro9 Cherry Tea Table $125.00 D?•o 1 $125.00 $83.38 irM8644 Chippendale Style Serpentine $675.00 ~/ 1 $625.00 $416.88 iM8543 Chippendale Style Serpentine $675.00 7',b 1 $625.00 $416.88 '49030 Composition Fountain of Female Figure $175.00 0','0 1 $175.00 $116.73 5560 Con[emporaryRedEnamel $295.00 0'/ 1 $295.00 $196.77 iM8559 Contemporary Red Enamel $295.00 0% 1 $295.00 $196.77 in47222 Convertible Chair/ Step Stool $85.00 0'b 1 $85.00 $56.70 'vi48160 Cream French Provincial $55.00 0'/ 1 $55.00 $3669 in47899 European Style Gazelle Head Mounting $175.00 0',6 1 $175.00 5116.73 in~3 Figural Composite Pedestal 595.00 0',6 1 $95.00 $63.37 iM7369 French Cane back Arm Chair 5225.00 13'0 1 $195.00 $130.07 in19539 French Tufted Vanity Stool $65.00 ~0 1 $65.00 543.35 in4oo74 Garden Um D?-6 2 $290.00 $193.43 ir}-~74 Garden Um G°-o 2 5390-00 S?60.13 ex.93S3 Inlaid Card Table with Exotic Woods 5195.00 ~6 1 5195.00 $130.07 in4 ;722 Large Painting of Flowers $375.00 G?•o 1 $375.00 5250.13 irr4E4M15 Lidded Chime Um $25.00 0','0 1 $25.00 $1668 in4959~ Lift Lid Inlaid Italian Music box Stand $45.00 0',b 1 $45.00 $30.02 in48402 Mahogany Arm Chair w/Flame Print Fabric $125.00 0°-6 1 $125.00 $83.38 'RODUCT LT104C USE WITH 9379 ENVELOPE NESS To Reorder: 1-800-225-6380 or www.nebs.com PRINTED IN U.S.A. A 9/27/2007 rt49722 Mahogany Queen Anne Black Swivel Desk Chair $145.00 ~/ 1 $145.00 $96.72 in4°.564 Marble Top Taboret $75.00 0'/ 1 $75.00 $50.03 i-t48196 Matched Pair of Mahogany Hanging Dome Top $195.tb 0% i $195.00 $130.07 47429 Nicely Carved and Upholstered Side Chairs $95.00 0','0 1 $95.00 $63.37 7427 Mcery Carved and Upholstered Side Chairs $95.00 0% 1 $95.00 $63.37 hi48272 Nut Cracker Set in Burled Cherry Cass $25.00 0'/ 1 $25.00 $16.68 ct46957 OiI on Canvas, Parisian Stree[ Scene, Signed $3,450.00 14% 1 $2,950.00 $2,200.00 in47855 Oval Picture of Flowers in $125.00 0'/ 1 $125.00 $83.38 inEi0007 Oversized Antique Wicker Ann Chair $145.00 0% 1 $145.00 $96.72 in48293 Pair of Antique Brass Candle Sticks $15.00 0% 1 $15.00 $t0.07 ~45;id4 Pair of Antique Windsor Side Chairs $85.00 0'/ 1 $85.00 $55.70 in49458 Pair of Ball top Regency Stools $195.00 0°e 1 $195.00 $130.07 in49260 Pair of Black Chinese Export Porcelain $475.00 5% 1 $450.00 $300.15 irr4~90 Pair of Classical Teak Cane Arm Chairs $295.OD 17% 1 $245.00 $163.42 in49~i8 Pair of Composite Fgural Plaques $35.00 0'/ 1 $35.00 $23.35 in4W92 Pair of GreylBlue French Arm Chairs $675.00 C% 1 $675.00 $450.23 in47224 Pair of Modem Bamboo Style Torchiere $125.00 8% 1 $115.00 $76.71 irt49415 Pair of Upholstered Green Velvet Occasional $185.00 22/ 1 $145.00 $96.72 iM9422 Period Mahogany Empire Looking Glass $295.00 1 i / 1 $245.00 $163.42 in490C0 Period Sheraton Bute Leg $775.00 ~6 1 $725.00 $483.58 wi4T294 Quality Brass Candlestick Lamp $75.00 0'/0 1 $75.00 $50.03 iri48922 Quality Club Chair $395.00 0'/ 1 $395.00 $2u3.47 in46802 Quality Mahogany Leather Top Drum Table with $275.00 0% 1 $275.00 $163.43 in50052 Quality Mahogany Queen Anne $245.00 0'/ 1 $245.00 $163.42 iM9124 Remington Bronze on Marble Base $395.00 0'/ 1 $395.00 $263.47 in49402 Set of 4 Black Office Chairs $275.00 D'/ 1 $275.00 $183.43 ti748913 Set of 4 Solid Chery Ladder Back Side Chairs $295.00 0% 1 $295.00 $196.77 in49709 Sherrill Forest Green Leather Loveseat $595.00 0'/ 1 $595.00 $396.87 in49783 Silver Trinket Box $25.00 0'/ 1 $25.00 $18.68 in47213 Small French Style Side Chair $65.00 8% 1 $59.50 $39.69 iiW9057 Small Scale 2-part $295.00 0'/ 1 $235.00 $196.77 in46935 Softwood Small Scale round Tavem Table, $145.00 0'/ 1 $145.00 $9S.72 in47716 Table Top Fountain $65.00 0'/o t $65.00 $43.36 IM9700 Upholstered Cfierry Ottoman $145.00 0'/ 1 $145.00 $96.72 b"7 Victorian Figured Walnut 3-Drawer Wash Stand $275.00 0'/ 1 $275.00 $163.43 S~3 Wavedy Upholstered Arm Chair $275.00 G% 1 $275.00 $183.43 in49346 While Porcelain Lame $95.00 0'/ 1 $95.00 $G3.37 T®tais for: Bill Aspinall Carlisle 88 $15,885.71 1,3889 P~h~ILSYiIl~EIVIA THE CONSIGN141ENT GALLERi', INC. ,./~, ATEBI~IIWY PATRICIA MARBAIN 164 NORTH HANOVER ST. 60-244/313 CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 'AY f0 THE ~RDEROF Bill Aspinall Carlisle Account Fifteen Thousand Eight Hundred Eighty Five and 71/100 Bill Aspinall Carlisle Account JIE' 9!27/2007 a m 15,885.71 W t]OI_LARS VOID AFTER 60 DAYS 8 t AUTHORIZED SIGNATURE ~~.,_,~~.~~~,~-w,Check-=#~ 1~8.8.9_v,:~.r:~._~:~s~.~~..~..:~:~~r._~~~,..~_.~_.:N~F.~.~:~.~:~:~.~~..~~ 11'Ob3~fi3911° ~:03Z302~~7~: 251 0~5~ 711' ~ ~ ~ ~ m m c~ c~ ~ ~ ~ E9 ~ o F `~' $ oo5~ n ~ F' $ ^o, o n o 0 o t3 r~ ° ~ "d `~ ~ `a ~ f3 ~ S3 `a ° r°~ o r"'~ '8 n "a ~ £3 is `88 `~53~ omi ~ r `cQi ~ s^C0s iA ~ ~ ~O ~ c°ro cr°o `D c°~ ~°re ~ ~i ~ ~ ~ ~ `~ `Bi `~ `~ ~ ~ ~ ~ c4oi ~ ~ ~ 8 ~ m ~ co ~ o o Q ~ cow ~ 7 in is cs e~ ~,s e» ei s~ v> e» e» in iiS ~i ss i» cn i» itr» s~ is ea e~»i eS e> O ?- a~ 8 S S 8 8 8 8 8 8 Si 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8$ 8 8 8 8 8 8 8 8 8 8$ 8 8 8 8 8 8 8 ~Q~` ///W/~ V~ ~ c+J r r .- r r r ~- r r r r r r r r .- r ~ .- .- .- r .- r r r r N r r r r .- r r r r r r r r r r rt+ V i~ V_ a ~ ~ $ ~ ~ R Pi B ~ $ a ~ 6 8 $ $ & ~ ~ Pn Fn 8 ~ ~i 8 R Ri F~ 8 ~ 6 ~ a b 2i o 6 8 ~ ~ a Gi $ ~ $ b ~ o V N Q ~ p 8p(~ p 8p(~ p~ 8jj p~~8jj 8 8 8 8 8 8 8 8 8 8 8 ~p 8O~ 8 8 8 8 8 8 8 8 8 p 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 8 ^ fA f9 N N ~ O ~ r r V N r ~ EA M (O ~ ~ ~ ~ N ~ ~ ~ c^D fN9 m N ~ ~ r .I~- ~ N ~ ~ N ~ tN0 ^ ~ ~ r L 63 EEEAAA ~ '_ ~~jj ffl (fi (fl ~ f9 E9 EA k9 ~ to f13 U3 to fA f9 (fl M EA fA Uj fR to EA ~ (H E9 (9 ~ f9 N ~ c i .~ J~ ~L O O N == N tt//O (Q ~~ m J /~ ~ LL N U Q `V ~ D UI L ~ N p L °~ 3o m ~ m I- U c ~ N ~ ¢ ~ ~ a d 5 ~ °_' ~ ~' ~ c cLi tF~n a ~ ° E n iL( Y a p L N m N tU ~ > N C ~ L (n N C L~> ~- (~ o o ~ E 'fl aDi m U o ~ ~ c m U o U ~ ~ ~' > ~ ~~ ~ U E ~ r~ m F- o ~ n~ $ v ° m o~ m Q D D a a c ~ ~ ~~~ ~ c t H c ~ F°~ m U ~ ~ aUi fin' ~ "-' Y li Z~° J w C 8 8 ~ ca m ~ ~ v U> D ~ m o ~ S, ~ n ~i ~ 3 ~ c m in m O ~ 5' ~ ~ ~ C ~ n o Q °~ _ ~ ~ $ 3 Q a7 ~ ~ >, C~ ~ `° ~i ¢ L o 3 ~ m g ¢ O ~ ~ m c b s >. d U rc Z m m W o c c c o° U t H-+ m m m of F aDi ~~ o m y~ m Z. L m ~ m~~~ a U~ m~~ n ~ c 5$ _u ~ ~ a Q' N ~ v ~ c o ~' ~ ~ .~ ° 8i ~ ~ °' Lro 3 w m ~ ~ v ~ ^ $ c 1= v ~ 3 ~ b v = ~ ~ v y `oo d Fo- ~m Z ~L `~ o w m H c o o Y '~ ~ ro U 'a U ~, ~ i3 '~ 'c m o E °t °c' _ >, ~, °' d ~ a ~' c °' Q fA U U (ayJi m d cc N ~ a d a~ m 'gyp ° °~ ~ c '~ r m ~ ~ s o o $ z t m ~ 3 p cactl L~ ~ ~ ~ ~ ~ ~ ~ ~ ~ U_ Ol Q Q~ a D Y Y N N C ry_ ~ N N N O. Q ~ V V D C ~p p~ Ol c0 ~{ ~ O '~ ~ d ~ Q~ O Z N ~ rn ~- c ~c m ~~~~ 2 .c°. ~ m m cY"v t 9 'o 'm $ .~ ~' v v m d~ v~ m m m~ x o~ E> ~~ 0 ~¢¢ m m m m m m m m U U U U U U o w rraa w w u'~ u'~ ~ u. ~ U c7 = `~ ~~~~~~~~ O o o a W W ~ ~ ((,Z~~~- pp~~ pp~~ ~~pp m ~O N Z - ~ ~ CV O f~ N R V ~ ~ ~gO g8 O t0 ~ ~ ~ ~ ~ r r n N ~ ~ cD - O O ~ CN] `~V ~` x f- ~- ¢ a 0 Z a a O w w w U a °o a 10/25/2007 rA9477 Pair of Fan Bzck Windsor Style Side Chairs $135.00 ~~ 1 $135'00 $r1J.Q5 in49462 Pair of Highland House Wing Chairs 52~ Co Q o 1 55.00 51°6.77 irt48038 pair of Small Orange & Flue Fish Bowls $~ ~ rP~ 1 $~~~ ~ ~ '551 Pair of Tall Modem Table (.amps with Shades $125.00 CP/, 1 $125.00 $83.36 fCb" paperweight $20.00 D'/ 1 $20.00 $13.34 1n48790 Pennsylvania Walnut & Cherry Sheraton Stand $12500 ~~ 1 $125.00 $83-38 in50140 Period EmpireTik Top Gard Table $375-00 0% 1 $375.00 $250.13 irW85;~i Period Federal Mahogany $275.00 18% 1 $225.00 $150.08 irxt9733 Provincial Etched Marble ToP Coffee Table $155.00 Dib 1 $195.00 $130.07 ir50'L48 Pumpkin Cobr leather Chair from Hickory Chair $45.00 ~~ 1 $475.00 $316.83 Q148808 Quality Cherry Butler Table $245.00 1S% 1 5200.00 $133.40 in50159 Quality Pair of Red Club Chairs $875-00 0% 1 $875.00 $593.63 in50200 Queen Arne Arm Chair $275.00 0'/ 1 $27500 $183.°•3 ir><i8203 Red Paint Birdcege 5125 G0 C% 1 $125.00 5~•~ in49419 Rolled Arm Mahogany Arm Chair $275.00 0;'0 1 $275.00 $163.43 in497E8 Round Inlaid Marble Coffee Table $375.00 0/ 1 5375.00 $250.13 irA6934 Sage Gre=.,n and Salmon Marble French Pastry $1,275.00 24% 1 5975.OD $650.33 in50192 Set of 12 Danbury Mint Pre`tidential Plates $x.00 CPl, 1 5~.~ $63.37 ir~50091 Set of 4 Walnut Victorian Dining Chairs $245.00 0'/ 1 $245.00 $163.42 v~0161 Signed Portrait of Blonde Woman $75-00 0',6 1 $75.00 $50.03 irx}9782 Silver Trinket Box 545.00 ~/ 1 545.00 $30.02 in49~ii Small Marble Top Bombe' Chest $235.00 32% 1 $200-00 $133-40 in46959 Small Pennsylvania Artist Painfing of pond and $375.00 0% 1 $375.00 $250.13 Ir~A156 Small Scale Chaise Lounge Ghair $295.00 D'~ 1 5295.OD $156.77 iruC051 Solid Mahogany White Washed Huntboard $475.00 0% 1 5475.00 $.316.83 irrA8887 Square French Barded Dining Table $275.00 S% 1 $250.00 $166.75 in50094 `Symphony of Flowers' '+~ $775.00 D?•b 1 $675.00 $450.23 In5D089 Two Part Painted Italian NestingTables 565.00 <p7 1 $65.00 $43'36 in50092 Victorian Walnut Side Chair $35.00 10% 1 531.50 $21.01 in49079 White Marble Table Lamp $85.OD 0'/ 1 565-W 556.70 in50013 White Wreught Iron Metal Chaise $145.60 Q% 1 $145.00 $5&.72 in50018 White Wrought Metal Bar Cart 5245.00 0'! 1 5245-CO $163.42 inW016 White Wrought Metal Chair 5145.00 0'/ i $145.00 $5.72 '^TJ7017 White Wrought Metal Coffee Table $°a`.CO CP/ 1 545.00 $63.37 t5 White Wrought Meta4 End Table $55.00 +p/ 1 $~` ~ $x•69 ..,014 White Wrought Metal Sofa $255.00 G;b 1 $~5.CA $1°6.77 in5~74 World Globe Print $35.00 0% 1 $35.00 $23.35 i'ota~s tor: Bill Aspinall Carlisle 85 $13,204.93 ~~~~s~~ THE CONSIGNMENT GALLERY, INO. PA I RICIA MARBAIN 164 NORTH HANOVER ST. CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 ~. ~ 10/25/2007 ~ V'~ 60-244/313 PAY ro -rHE oR~~ROF Bill Aspinall Carlisle Accoun Thirteen - housarid Two Hundred Four and 93/100 Bill Aspinall Carlisle Account i b n 0 N m °®m 13,204.93 v DOLLARS VOID AFTER 60 DAYS AUTHOflIZED SIGNATURE 8 MEMO ~..-~_. _-...:._.W _~..._~.~ .-...,.~........_.,.Ch~cE~..:~ -1-944 y..__:.: ~_ .a.._. ._.__..~...~:.._ __. ~ u^ u'OL39~~u~ i;031302~47~. Z5L 0~5• ~ ca cn ~ ~ 0 0 ~ ~ ~ ~ ~} ~ ~ ~ o °n, `8 r"'i o m o r°Ji o Cni o v c`5 o n coo a"i ~ ~ f'y o ~ a"i n cpi o o m 8 o r`Oi "c3, ~ c"o ~3 ~ n c°io ° eN~ f3 ~ ~ ~ ~ ~ ~ ~ R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ R o ~ ~ ~ ~ ~ ~ ~ g ~ ~ " ~ ~ ~ ~ ~ ~ ~ ~ ~ Q irn vs a m 8~ 8 8 8~ 8$$ S 8$$ 8 8 S 8 8$$ 8 8 8 8$ 8 8 S 8 8 8 8$$$ 8 8 8 S 8 8 8 8 8 8 U N UI ~() L(') lf) ts({1 IA N N lA N U') lIj ~Oy pp Ip~ lri lA r tri IN In l(] ~O O In N O 1IO~~ l~ri} O N ~ W ~ N E9 ~ ~ f9 ~ to R~9 ~ N n ~ ~ ~7} it] (O V' ~ ~ V ~ I!] ~ N ~ V (D I~ ~O I~ ~ fA EA L ~ ~ E9 K ~ v) s9 tfl~ f9 t9 ~ vi ~ » ~' ~ VVV333 ~ ~ ~ ~ ~ vi va v3 v~ in vi ~ ~ cis g ''' ~ ~y~1,~ ~- vs V/ ~ vi N ~ o w z a 0 Z ~ r .- r r .- .- r .- .- r r r r r r r r .- r r r r r r r r r r r r r r r r r .- r r r r r r r r r ++ d E 0 U N n ~ m ~ o `as~ae~saaae~~aas~a8aa°sas~aa`as°aag~s°`a~~a`a~as~ss~g~~ a~ 3 .~. c 3 Q ~ o o V ~ S 8 8 8 S 8$ 8 8 8 8 5 8$ 8$$ 8 8 8 8 o S 8$$ 8 8 8 8 8 S 8$$$ 8 8 8 8 8 8 8 8 8 .`'' If) lf) Ifj In N l(1 yNy~~ In In I[1 ipn~ In !n N N N N ~ ~!) IA NN c~ ly() IP O lf'1 O In tri In lri I[) N L N ~ (nD ~ ~ ~ ~ ~ 6~9 to ~ FA ~ M N ~ ~ n ~ ~ t^D. ~ t^D ~ ~ ~ ~ ~ ~ ~ N (A ~N- ~ ~ E~ ~ n 7 ~ N ~O~yf f~ N p /~~ a ~ EA V3 tfli 69 69 ~ fA ~ ~ N f9 fA fA Vi ~ 64 69 ~ ~ EA EA ~ ~ ~{/ !~ t9 U O •i 'p~ °' ~ ~~ F U ° m ~ m ~e~t p U m aai ~ U °~ c m Cg m o N ~ ~ m C U ¢ p 'gyp N ~ UI N N U ~ U%1 j •~ N N C '~ N m U N U U/ J ~ ~ a rL a ¢ ;O D >,O f`l d FO. C ~ N (0 m pl m L m m C N f/! Q ~ ~ U c3 I = a~ ''~ u- C7 E 'm ~ m a U7 p° ~ ~>' m °' m o L U m ` m p J N ~ L O m N m Y C N ` N N 3 U C7 LL m N ~ d ~ v 3 0 o y ~ B ~ m i~ ~ °' i° a c m W v ~ ~ m m -°c ~ a a ~i 8i ~, J o E^ .~ O c.i cm `~ m o ~ m m o U a °d, _m o a o m ~, o ~~ m g' w c m e c~~ 2 c~ Q` m L w O ~- m m O1 m 0 m .~ °~°~ m m t m¢ E m~~ ~i m m U 3 'id m=~ 2~ aai m r U' m` m~ .g m w ~fY1 p. ~ J ~ u~ ° y a~i ~ ~ ~ u o ~ ~ y `~ ~ o E ~ °' ~ ~' ~ °m m D a o'~ O~ m ~`-c° ~ m ~ o ¢° ro Cg CO > ¢ ~ m '}++ c ~' Yn m ~ ~ ¢ S ~ c W = m F m a ~ r~ ~ ~'.' m m ~ ~ ~ ~ LL ~ ~ K n ~ p O m ~ ~ ~ o m i~ J U a L U d to ~ v~~ o a 3~ m E C7 ~~°~ o~ y a. Cn o ~ a i '~ .~ ~ W 4. ~~ t n GJ t% d¢ C/1 ~ ~" F U m d m m~$~ ~ o~ m H Cg m ~>~ O m o N U~>>>> o U y ~ 2 m n o ~i ~ 4 w a`) d~ g c .~ `m m u>i 3 t7 L m o Q cr v a ~ u m~~ m~ 8 m m E m C~i o f c. ~ Z' L on..~rn a~ rte, r o o~ o 0 0 0 o c C7 w F- U ~ d C C C C ~ 'umi m ~ c`0 N t6 t0 '~ N i6 U C ~ X N ~ ~ ~ m" 01 tp ~ N N N O N 'N N N 'l0 ~t6 'N 't0 'A N ~. j W ~ r N Q Q Q Q Q Q m m m m m m U U U: W W W~ W LL. LL ('3 == J J J J J J~~ ~G ~ Q. LL a d d d d ~ ~ z z ~ cQ'i "' ~ ~ m ~ ~ ~ bi ~ o v ° «~' ~ '~ N o `" m G~ $ '~ u~ `~ n ~ ~ ~ ~ r ~ F ~+ir~ ~ W Q _~ V ~ O a a 12/20/2007 In50224 Quality Handled Coffee Table $345.00 13% 1 $300.00 $200.10 in50115 Quality Mahogany Arm Chair $245.00 0'/, 1 $245.00 §163.42 rn50114 Quality Mahogany Loping Chair $2r{:00 0% 1 $2.95.00 $196.77 046 Quality mahogany Queen Anne Pole Light with $125.00 2(P/ 1 $100.00 $66.70 u0690 Queen Anne Footstool $35.00 0'/, 1 $35.00 $23.35 in49262 Reed Wicker Arm Chair $95.00 0% 1 $95.00 $q.37 in492C19 Regency Style Plant Stand $375.00 10'/ 1 $337.50 $225.11 in50151 Round Meta! Taboret $20.00 0'/ 1 $20.00 $13.34 in49718 Scorched Bamboo and Rattan 2 Drawer $195-00 0% 1 $195.00 $130.07 n51018 Set of 3 Icicle Tables $75.00 fP/ 1 $75.00 $50.03 'vuC806 Seth Thomas Martel Clock $6500 1~/ 1 558.50 $39.02 in50773 Small Scale Garden Seat $45.00 C',b 1 $45.00 5.90.02 in46830 Solid Cheny 6 Pc Dining Boom Set $895.00 13°6 1 $345.00 $230.12 in468''0 Solid Cherry 6 Pc Dining Room Set $855.00 15% 1 §250.OD $166.75 7 Solid Walnu[ Spool Tumed $65.G0 ('P/ 1 $65.00 $4.9.36 in50777 Stretcher Base Queen Anne Vving Chair $195.00 0'/ 1 $195.00 $130.07 n506Ki Stretcher Base Wing Chair $375.00 13% 1 $32500 $216.78 ir50872 Tablecloth $15.00 ~/ 1 $15.00 $10.01 in50393 Tall Brass Candlestick $20.00 0'/ 1 $20.00 $13.34 in4~58 Tall Cream Mirror $295,09 17% 1 $245.00 $163.42 in50776 Teak Fshbowl Stand $45.00 0'/ 1 $45.00 $30.02 in50357 Teak Patlo Table with Green Market Umbrella $85.00 0°6 1 $&5.00 $56.70 in50651 Terra-cotta Tile of Sun $35.00 1G% 1 $31.50 $21.01 in50004 Tightly Woven Antique Wicker Sofa $295.00 7% 1 $275. $183.43 iri4fi088 Turkish Prayer Design Tapestry $95.00 0'.6 1 $S5.00 $63.37 in=k229 Unusual Japanese Cheval Type Dressing Minor $275.00 0% 1 $275.00 $183.43 in51001 Unusual Matched Pair of Walnut Art Mcdeme $395.00 0',6 1 $395.00 $263.47 in49=a3 Untage Whte Wicker Console $°ar.00 (P/ 1 $~.DO $63.37 in4~ Waverly Upholstered Arm Chair $275.00 36% 1 $175.00 $176.73 in49a7 Waverly Upholstered Loveseat $475.00 3?°.5 1 $325.00 $216.78 Totals tor: Bill Aspinall Carlisle 75 $10,698.68 THE CONSIGNMENT GALLERY INC. ~ Pennsylvania State Bank PATRICIA MARBAIN A Division o18LC BanN, N.A. 164 NORTH HANOVER SI. 60-244-313 CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 PAY 10 THE ORDER OF Bill Aspinall Carlisle Account Ten Thousand Six Hundred Ninety Eight and 68/100 Bill Aspinall Carlisle Account rn~Mo fl'0~~,01611° ~:03b3024~,'~~: ~5~ 085E 711' 1~Oi6 12/20/2007 a ~~ 10,698.68 v DOLLARS ;, U °~~S~ ~ ,~~,,,. 3{21 {2008 $43.36 $~.oo $65.00 ~~ 1 $325.00 $216.7,3 in47714 Porcelain Vase with Painted Hummingbirds $375.00 13% 1 $115.00 $76.71 j~0870 quality 5 Piece Cast Aluminum Glass Top $145.00 ~ ~ 1 X0.00 $53.36 quality Walnut French Style Coffee Table g,~ 1 $43.36 in49583 $85.00 $65.00 12 R~ Barrel Chair $65.00 0'/, 1 $10.00 $6.67 u16 Round Maple LamPTable .. $10.00 CPI 1 $165.00 $110.06 y}541g0 Set of 4 Colorful Goblets $165.00 Cpl 1 ' $100.00 $66.70 iru0130 Set of 4 Saber Leg Dining Chairs $12500 ~~ 1 $475.00 $3i 6.83 jngc~p47 Signed Oil on Canvas $,175.00 0'! 1 8517.50 $345.17 t~r078p Signed R. Weber $575. 1(Pl 1 $`~ ~ $196.77 ~yyg65 Skovby Teak Comer Cabinet $29500 ~~ 1 $375.00 $0.13 ir15~10 Sma1f Scale Antique $375.00 tp~ 1 $17500 $116.73 ir><t7823 Sma11 Scale Oak Barbershop Backhar Mirror $175.00 0'/ 1 $3.50.00 $~ 4'' X50076 TaII Teak Bookcase $475.00 ~1 1 $175.00 $116.73 ~r0p75 Teak Sideboard witty Sliding Doors $175.00 ~~ 1 $45.00 ~ 02 X127 Unusua4 Pair of Spool Turned $`~ ~ CPI 1 $145.00 $86.72 irS1617 Walnut Copper lined Smoking Stand $14500 0'~ 1 $~'~ $133'40 White Reticul~ed Porcelain Squatter Lamp 18% 1 irt50702 White Wicker Chair Chintz Cushions $245.00 693.51 $9 ~r50659 04 , : Bill Aspin f all Carlisle or Totals T~~c~~NMENTGALI~Y~+r~c.Aspinalf Carlisle Ac count February iD Description Original Price % off Qfy Sell Price Your $ in51232 3 Part Wicker Screen $65.00 C'/ 1 $65.00 $43.36 in48250 Antique Camel Back Trunk $96.00 ~° 1 $95.00 $63'37 in51070 Antique Eastlake Walnut Mirror Frame $125.00 036 1 $125.00 $&3'38 in48626 Antque Mahogany Empire 4 Drawer Chest with $675.00 Q36 1 $675.00 $450.23 ir50298 Antique Sheraton Country Stand $145.00 0.6 1 $145.00 896.72 in51208 Blue Damask Cushion Bamboo & Cane $145.00 0'I 1 $145.00 $°6.72 in50045 Blue Velvet queen Anne Wing Chair $245.00 18'/, 1 $200.00 $133.40 in51122 Brass Standing Reading Lamp $25.00 Q?-6 1 $25.00 816.68 4268 Bronze Type Asian Figure $35.00 0'1 1 $35.60 $23.35 203 Bulbous Bottom Antique Satsuma Vase Figural $225.00 0'/ 1 $225.00 $150.08 in51098 Cabinet made French Cherry Huntboard $875.00 20°6 1 $700.00 $466.90 in47422 Carved Mahogany Beveled Glass Mirror $45.00 0'6 1 $45.00 $30.02 in50909 Carved Teak Stand $10.00 0',6 1 $10.00 $6.67 ir51505 Cheny Hall Table $475.00 CPo 1 $475.OD 5316.83 in507~ Copper Relies of Mother & Child $25.00 0':6 1 $2:1.00 $16.68 in51269 Crystal Char~dalier 5295.60 10'6 1 5_a65.~0 $177.09 ir~A8144 "Dan~rwithHoop" 5225.017 11°6 1 5200.00 5133.=v] in51847 Danish2partCabinek $195.00 iCP6 1 $175.017 $116.73 ir~9765 Danish Ma9ern Teak Side Desk Table $65.04 D?•6 1 565.04 543.36 in_5(k6J Danish Modern Te2.k Tabla l:~ith 8 Chairs $575.0') 14'.0 1 5495-00 5330.17 in-f4~83 DoubSe Btgia Styta Brass Table Lamp 555-00 d;6 1 55500 543.36 IE CQJ~$J§NMEI,#~~~L~~r ~~ Cabinet $495.00 S'6 1 $450. 5300.15 inSQ365 Fruitwood Banded Sideboard $395.00 (,°6 i $3°5.00 $263.47 in520W glass Paper urt. $25.00 ~6 1 $25.00 $16.68 in4~S167 GrandmotherlnlaidClock $595.00 0'/ 1 $595.00 $390.67 in5~99 .fenny qnd Sryle Singla Bad $75.00 0',-6 1 $75.00 $50.03 ir148558 Large Scale Clear Vase $35.00 0'I 1 $35.00 $23.35 iI150387 - Large Scale Mahogany Gate Leg Drop Leat $345.00 tpa 1 $345.00 $230.12 i114S9C6 Large Signed Water Color $475.00 0:6 1 $475.00 $316.83 in4729S Ldling Chair $575.00 24°•0 2 $875.00 $583.63 in515D4 Mahogany 3 Drawer Writing Desk $495.00 9'b 1 $450.00 $300.15 in52062 mahoganynightstand $145.00 0'.6 1 $145.00 $96.72 in51334 Marb4e Candlestick Lamp $65.00 0:6 1 $65.00 $43.36 in51218 Matched Par of French Bergere' Chairs $895.00 11% 1 $~~~ $533.60 in51353 Month Fruit Print $35.00 0'.6 1 $35.00 $2335 in51rJ44 Oriental Cloisonne' Table lamp 0'/ 1 $275.00 $183'43 in51220 Pair of African Tribal t'~rood Sculptures $45.[70 C',6 1 $45.00 $3002 in521 18 Pair of Asian Dolls $30.00 Q'! 1 $30.00 $20.0} in51283 Pair of Cherry Single Drawer End Tables $11500 0'/ 1 $115.00 $76.71 in° Pair of "Martha Stewart Green" lamps with $95.00 0 6 1 $~ ~ $63.37 it Pair of Queen Anne Wng Chairs $375.00 13°/, 1 $325.00 S216.78 in49592 Pair ofi Walnut French Provincial Nightstand $225.00 20%6 1 $180.00 5120.06 in50997 Pennsylvania House Queen Anne Wing Chair $275.00 0'/ 1 $275.00 5183.43 in50?2.5 Period Hepplewhite Drop Leaf Tab!e $325.00 8°6 i $300.00 $200.10 in508B5 Pink French Arm Chair $195.00 0'! 1 $195.00 $130.07 DLT7 04 USE WITH 9379 ENVELOPE NESS To Reorder. 1-800-225-6380 or w ww.nebs .com PRINTED IN U.S.A. " 14153 ? 4153 THE CONSIGNMENT GALLERY, INC. PATRICIA MARBAIN 164 NORTH HANOVER ST. CARLISLE, PENNSYLVANIA 17013 (717) 249-9494 ~~~ Pennsylvania State Bank A Division of BLC Bank N.0. 60-244-313 PAY TO THE ORDER OF Bill Aspinall Carlisle Account Nine Thousand Six Hundred Ninety Three and 51/100 Bill Aspinall Carlisle Account MEMO II' 0 : ~~ Z 5 3 II' ~: 0 ~ 1 3 0 2 ~, ~>, ~ ~ : 1, 5 ~ 0 d~ 5 ~ 7 II' 14153 3/21 /2000 a 0 9,693.51 DOLLARS 2 60 A~S 8 0 cn N ,-~ i~ o ~ " `8 ° M Eft "a~°n ~i, " ~ ~ ~ ~ ~ `° ° rn Cr1 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' I~ ~ ~ ~ ~ g g g°~~ S g fi g !Y ~ (~ ~~•rr •r•• C3 S b ~& ~ a Q ' 3, ~ `Y ~ a ~ ~ s.J i.. o ~ ~ Q•. ~ g g 8 g g~ g ~ S g (,~ •S ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~fl 61 O . a p j ~ ~ ~ N ~ v. ~ •L U ~ ~ , , -- 'y ® ~ . C ~ c~ ~ ~ ~ n ~ ~ :... m ~ -6c csd m _ VJ ~ ~ ~~ ~ ~ ~ ~ ! a o U d~ m ~/) Q ~ N f ~ 61 ._ 'O ~' ~ L W 9 ~ _ ~ N~ D O ctl 4~" ~ u ~... .~ ° m~ U c a v~ " ' m ti ~ c' a m° m m s ~'= ° o o, ~ Q r -• }} Y 9~ E O Q J J ~ U O T y~ Q.. m o m ~a`. ~ eg ~. ~. a ~ n '~ , ~ N t LSf C C (n N Y LL. Q 9 U O ° N C ttt L6 C C C ~ 0 U 'a7 N ~ C7 ~ ~ o ~ N ~ m - ~ m N m m c ~~~~~ O a d °' J Q u`. 2 ~ ~ ~ ~ - - 0 cn cu 1 ~~ N ,1. t-! ~>loeq uo slrelaQ ~samlea} ~Cip~~aS ~-l.7 c~ Q ('~ J Nn ~ o N ~ N o O b 5 y~ m ,-+ m M ~ U ~ JN ~ •~ ~ N ~,? ~ C7 N 0 '~ ~ 4 V n~ r O 11.1 U7 `"~ J Qwz~t '°" m>¢~ ~ Q~JCP >- ~ Q=zN U L'S ¢zuw`'~ a~ ~ ~a O ~ u.1 ~-- •ir+ d L 0 `! V ~~ •~ '~ 0 ~o a°o 0 O ~... ~.. C~ cc5 O I- Vll -~L V ~(X ~.7 J U: C s i-- c u W Q N 0 N IO Q d 4 I i ? ~ O ,I Z d s ~_ O U C a I is ~ O ' Q ~ ~~ N r! N ` O .-s i ~ ~ 1 ~. o 1 ^_: ~ r m ~ ~ N s i Z '~ ~ '~~~ '~ a ;~ o Q t ~ a ~ f~ ~ ~ O ~~ Q ~ w z $ • r I w ~ I F •y ~ N 0 6 U `~ _ N I c~ N /'~/~ ~ ~~'.,~ W ~ .-i J ~_=.! ~p ~ ¢~~ ~- ~~ o ~~~ r ~ ~` I a U3 '~, i %. S= w ~ ~'. ~ ~ 11 ti N ~' s-i a~ V a ~yAA iii a C~ .s.v ,'~F, ~ o to ~ ', f~ ° U Q py~~/ U ~'d ~. Q d m N ~ .~ .i .Q r~! 61 y- ~ Y~~ rt+ .y Lg9 U N ~ N ~ ~ Z ~ ~ Fi~° O O ~ n N M r ~~ O M ~i v tO co "~ `~ rn ~ co f» "' in iA ~ ~ "' ~ 9 as S 8~ 8 8 8 8~ 8 S m r~i n °o N a N `~ N ~ es ~ ~» ~ i» F» ~ ~ w m ~ ~ ~ ~ v s ~ ~ 8 5 8 8 8 8 8 8 8 0 CN7 Obi n ^ V N ~ r ~ ~ 6N9 d3 ~ ~ d~i C]M 6~? ~ n m ~°- U ~ E ro ~ ~ m ~ cA ~ O ~ N N O ~ N ~ N ~ m m m c ro c a t - LL r (n ~ F ~ S ~ ai c -p ro N N ~ ~ CC U ~ F- y .% N a O ~ N ~ a a m~ E 'm ro~ o o~~ C7 = ~ a p~ rn ~cpn cNn ~ ~ C C G C C C C C C7 C,~ ~' T O M O N .~ ~~ O N i ~ '~~oeq uo slle~ad •sa~n~ea~ ,Qunoag i~ N ~ ~' `~ M a ~T'I i mJ ~ G T Q I I 1 i T N ~„ ~ ~ I a {~}. N N N 1 ^ y l p () x ~ a \ i ~ s M i ~ V] m' N M ~ m b ° ~ N '°„ o O '" c° a `° O _ \ a Cr C'r ` P L R Q; ;.~ ~ C Q Q ~ ~ -- V V t^ vJ Z ~ m Z~ a„ '" ~ ~ o Ch N J Z~Q ~ ~ ~ moQ~ N ~ h ~¢}~ ~ Z = (n d- L tJ Q Z N x C G UI-W1~ Z ~~~,-, ~~ //'~ VJ ~ ¢ v ~ ~ w I~ O 8"~ ~ ^ '' W ~ /~ v LL W CC 2 W ~ ~ D a ~ O ' O U U Q N .~ Q O u s z 0 Z i a e ' ~ E O U A LJ"1 c i 3 ^ 0 0 .-! i ~ u-i A N N 0 O N a .. ro ~ o s ~ m f•'!J z 0 rt'1 A ~ w ^. o u w w ~, N ~ t ~ _ ~~ V S A O J o U O Q a N `* U a .~ Q >, O .~- 0 ~~ a N U Q C .~ ~L ~~ °)~ z O_ o .F+ U '~ N z ~ Z :7 -'~'~/ Q 'N 8 8 8 ~~8~; 0 ~,~~~ $ 8 8 $ o ~ ~ ~ ~ a a Ma o° 8 8 8 ti r h ~ ~ ~ ~ ~~ m Q Q o 0 0 2 c rn m a ~ ~ ~ c L ~ Q U X o _m E CV d ~ (n ti ~_ C~ ~ C C L~ G O Q7 d' I~ ~^ M~ ~~• LA C3 L CD N - •~~oeq uo spe~ad ~sam~ea~ 6~uroag ! Q7 !~ N ¢ ~~ •o ~o rn ~r i 0 co ~ o o ~' .~ N N ¢ N ,. o ~ ,~` O x ~ z ~, ~a = ~ \\ ~m M ~ ~ N m ~, •~ ~ N .? ° O 9. > l0 Co ~ a O 1° ~ ` Z ~ _ m ~ ~ '-r ~ H O^ ~--1 0 ( 0 N , . (n z~¢ Q. m ~ Q Ul ~x 61 v Z ~~ • W Q=zN ~ UF'W I~ . Z 7` ~~~n ~ a~N 1O _~ • ~ Z J ® ~ ~ ~ '- c.,a U I~ ~ LtJ Q, ~ O ~'' IL O w Q = w } I- o w a ~ O - C `_~ o •~Q Q ~ m ~ r Z ._ [~- .-f ~a ~1 ~~ ~~ f J 3 .--~ r'9 r~ ru ..T ti~ r° O w Z N ~ ~ N .--I ^~ Y 0 U V Q _N i U C V~ Z a L7 H Z Z // ~w~ =3'J N f3; 0 U d N 'i S2 Q ~ a O U a m c .~ ~L C~ O~ ~F+ Q U N Q 0 N CD N ~ c c^o ~i, $ o v o m m o r a n v°i. ~ M~ r~~ ~ r~i, c~i, ~ o~ m m ~ ~ ~ o °m °O ~°n ~ m `~~i 8i ~~ v m~° m ~ EA (H ~ Efl N (fl V3 fA EA f9 ~ fFT ~ E9 Hi f9 fA fA ~ G9 ~ 8 8 5 8 8$ 8$ 8 8 8 8 8 8 8 8 8 8 8 8$$~ 8 8 8 8 8 8 8 8 8 8 8 8 8 8Q 8 8 8 8 S 8 8 8 v v _o d N .n o n ~' m rn° v°i v `ca "~ rn~ c`3 cd ~~ ~ f ~ ~ N S~ `n ~~ 8 g~~ ~i S v~ M `~ Gi S~ en ~ `A ~ i» ~ ~ `~ ~»- c~'i i»» ~ is> v? ~ f» ~ ~ u~ F» fn ~i (» i~ ~ vi ~ » ~ F» ~ <» i» et f» e» = v~ ea ~ s9 4 \ C \ G \ \ o G \ \ \ ~ \ \ \ \ \ \ \ G \ \° \ \° p \ \ \ u \° \° o S .~- S T FJ ~ R N ~ Yn S (7 r F7 FJ F~ FJ ~O d' ~ F~ YJ S EJ FJ Z~ PJ .7- VYV' ~ FJ FD ~ YJ N ~ F~ P~ a ~J a S PJ V FJ 8 8$ 8 8$ 8 8 8 8 8 8 8 8 8$ 0 8 8 8 0 8 8 8 8 8 8 5 8 8 8 8 8 8 8 8 8 88 8 0 ^ 8 8 0 ~ ~ N !H ~ N f~9 (^') 6°4 N ONi ~ C^] ~ ~ 6~9 ~ ~ ~ dam' N ~ ~ ~ ~ 7 N N N N N ~ V c^'J (^O ~ ~ c^0 N (r0 ~ N N ~ ~ ~ fry 69 to H3 d: ~ Fy Ui ~ ER E9 EA EA H3 EA fA ~ ~ EA fA fA E9 69 H3 N3 fA E9 `~ ~ m ° ~ c'9' ~ m C tII 'O L = ~ O O' N ~ '~ N ~ u~i m ~ ° ~ a ~ o ~ ~'~ 3 ~ U _S E ¢ m ~- cn m r 01 > o v m m ~ ~ `ro 3 _~ 'm B `~ a m~~ a`Ni ~ m n~ o~ ~~ ~ m _ ~ ~ o Z in ~ a o ~ ~_ m a U ~ o a ~ ~ a ~ ~ ~ o a`°i a"i H 2' ~ m - ~ ¢ ~ n. Z a a as m~ U .ro ~ a~ `m m m _t m ~ ~i ¢ = w> v o ~ a c uci 4~ °~ c o a~i m L :o U~ m i o o °, U~ F- 'o ~ E m d m a~ J U L E °o °~ ro N U N ~ >, ~ 'o n ~° m .n .o J r E d~ E~ y° c ~ 2 U ~~ r °~ ~ _~ m~ c L a c ~ ~ ~ ~ ~ U ~ m $ m ¢ U ~ ~ .~ U m ~~ U H m ~ ¢ ¢ m ~ m ~T U ~ m ~_ ~ ~ U ~ U o ~ L L 1 ~ O _N O d ~ N N v N d =~ .Q ~ O~ rL d d 'T N N t~ O J J J ~ V Y L ~ ~O J~ ~ ~ to °~ ~ O ¢ g' U a~i o m m ~ in ~ ~ ~ry a s m $ ~ d c3 > > m ~ ~ $ ~ aci m ~ c $ ~ ~ 7 F- ° E ~ m U d °~ ~° a~ m d e~~ U~ ~~ U U '~ U ~ ~~ B O O °- ~ ~ m d o~ U 2 c c .~ ~ m~ ~ ~' ~ > > > > m o N H c c ~ !~~~-y 8i ~ ~` ~~c' n ~' m aEi ,rv, d d ~n a. of ~ ~ m ~3 oa ~i d ~ m N ~ ~ Q Q O' Q a Z y ~ ~p U ?. N R O ` O. O C Tyj ~ N N N N a C L C s N N C C E ` '6 'D L ~" ~ C C C C C ~ r N N N ~ O tU ttl L L L L O O N l0 t~ ~°5 C ~ ~ ~ ~ O O m O O- CJ C' < G 2 4 2 2J Q m ll] m m m m m m m m` m` U~ U U U U U U U U ~ ~ ^ W LL O LL U` C7 U U C7 S-~ Z po Cp C7 ~ N ~ ~ ~ N ~ T ~ ~ N ~ 7 N m Q ymy ~ ~ ~ ~ ~ ~ V~ N CJ Vr ~ V~ N N (V ~ ~ ~ ~ P ~? N ~ N C ~ C ~ C ~ ~ C~ C C C ~_ C C C ~ C _ ,~ ,_ C ~ G C C C C ~_ C C ~ ~Cn C C C C ,_ C ~yTL{i C C ~ C W S H Q d z 0 w f- z s a E 0 U N a N 2CC S 3 `o c+~i N 0 O 0 m W Z O w F 3 N J O O a 5/22/2008 in5?800 Long French VJalnut Cabinet with iron works $1,475.00 19'6 1 $1,200.00 S800.40 in49a59 Luate CharrJelier $245.00 2(P6 1 $195.00 $130.07 in4932o" Lush Sage Green Loveseat $875.00 46'0 1 $475.00 $316.83 in49325 Wsh Sage Green Sofa $975.00 31 % 1 $675.00 $450.23 irt~142 Mahogany Claw Foot Dish Top Candle Stand $225.00 22% 1 $175.00 $116.73 in51078 Matwgany Clawfoot Plant Stand $475.00 11°6 1 $425.(X) 5283.48 in51337 Marble Top End Table $75.00 0% 1 $75.00 $50.03 in50775 Marbro Ye~ow Porcelain Lamp $75.00 0'/ 1 $75.00 $50.03 iru}8B24 Modem 6 Drawer $325.00 15% 1 $275.00 $163.43 in484(i4 Modem Pole Lamp $75.00 ~% 1 $50.00 $33.35 in48803 Oma[eViniageMarbleTopC:onsole $1,275.00 14% 1 $1,100.00 $733.70 in52854 Pair of Baker Chairs $475.00 0;6 1 $475.00 $316.83 in52722 Pair of Blue Uphotstered Cherry Queen Anne $195.00 0% 1 $195.00 5130.07 in51065 Pair of Carved French Style Nightstands $125.00 0'/ 1 $125.00 $83.38 in50655 Pair of Cherub Bookends $75.00 3;i% 1 $50.00 $33.35 in51891 Pair of GingerJar Style Table Lamps $125.00 12% 1 $110.00 $73.37 in51214 Pair of Gold Small Scale Mirrors $195.00 0?6 1 $195.00 5130.07 in49902 Pair of Light Green Upholstered Club Chairs $295.00 15% 1 $250.00 5166.75 in50361 Pair of Peacock Back Swivel Club Chairs $295.00 0% 1 $295.00 5136.77 iiri~071 Pair of Provincial Stands $195.00 0'/ 1 $195.00 5130.07 ti,50211 Pair of Rose Motit Gold & White Lamps $195.00 20/ 1 $145.00 $90.72 irL0197 Pair of Terracotta Jade Garden Seat $195.00 0'/ 1 $195.00 5130.07 in49041 Pennsylvania Antique Pine Lift Lid Dry Sink $495.00 ~/ 1 $450.00 $300.15 in50916 Picasso Style Cubist Picture of Woman $295.00 0% 1 $295.00 5196.77 in47210 Pressed Back Rocker $195.00 23% 1 $150.00 5100.05 in51346 Quality Mahogany Queen Anne SVatcher Base $375.00 ~/ 1 $300.00 $200.10 in47551 Quality Rectangular Gold Mirror $165.00 24% 1 $1ti.00 $83.38 Fn48220 Red Bukhara Rug $195.00 26% 1 $145.00 593.72 in50802 Set 3 Brass Candleholders $15.00 CP/ 1 $15.00 $t0.G1 in51131 Set of 6 Cane Chairs 5235.00 15% 1 $250.00 5166.75 in47898 Set of 6 Hardwood Boot Jack Plank Bottom $325.00 23°6 1 $250.00 5166.75 in52329 Signed Mountain Landscape Print $75.00 Q'/o 1 $75.00 $50.D3 irr48261 Signed Oriental Vase $45.00 0'/ 1 $45.00 530.02 in51246 Single Horse Bronze $125.00 10'.6 1 $11250 575.04 n51132 Small Burled Server 5295.00 0'/, 1 $295.00 $19x77 m52039 Small French Provincial Arm Chair with Quilted $95.00 0'6 1 $95.00 563.37 in51340 Softwood Pedestal 555.00 0'S 1 $55.00 536.69 in5(.~81 Solid Cherry Comb Back lhfindsor Ann Chair $245.0.0 8'/ 1 $225.00 5150.08 irr5_~036 Stained Glass $165.00 0'.6 1 $165.00 $110.05 in47962 Sterling Reed & Barton Star 520.00 0'6 1 520.00 513.34 in48433 Teak Vase Stand $10.00 0"0 1 $10.00 $6,67 i:~54 Tiny Chinese Folding Screen $45.00 0"0 1 $45.00 $3102 in52~i UnusedMa`toganyGmerSih~erChastwittt $475.0') D?6 1 $475.00 $316.83 in52121 Unusual Form $1,475.00 D?•6 1 $1,475.00 5933.83 4,i461Gi Unusual Spanish Carved Coffee Tate v+ith $275.00 29',b 1 5195.0 81?J-D7 i-><~5 Unusual Teak Tambour Cahin-t $375.GJ 2T6 1 52~5.0J S18;.~3 in,70s3 Van Briggle Art Pottery Fgural Table Lamo with $295.00 15°'0 1 $250.00 516575 in51047 Un[age Cana Back lti4nged 575.00 G:6 1 $75.00 550.03 ~t50070 Vitra Molded Orange Chair $195. 1~; 1 $175.00 $116.73 in47411 Woven h~iat 545.00 0'/ 1 $45.00 530.02 in52073 Woven Stool $65.00 a',o 1 $65.00 543.36 in51109 Yellow Ethan Allen Credenza 5295.D0 0% 1 $295.00 $196.77 Totals for: Bill Aspinaii Gariisle 100 $20,678.00 i _- - ._ _ _ . .. ry ~.~262 THE CONSIGNMENT GALLERY INC. '~ ~ Pennsylvania State Bank PATRICIA MARBAIN ADivision of 6LC 8ank,NA 164 NORTH HANOVER ST. 60-244-313 CARLISLE, PENNSYLVANIA 17013 PqY (717) 249-9494 ~~ THE ~R~ER°F Bill Aspinall Carlisle Account Twenty Thousand Six Hundred Seventy Eight and 0/100 Bill Aspinall Carlisle Account 5/22/2008 a 0 20, 678.00 DOLLARS ~, VOID AVER 60 DAYS 8 ~EMp AUTHORIZED SIGNATURE _. -_ II'0:~2~21i' ~:03~302~~~~: X51 085 711' • THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164 N. HANOVER ST. CARLISLE, PA 17013-2410 (717) 249-9494 PNC Bank, N.A. 040 Central PA 10/24/2008 151 10 60-1273/313 083 -' a I $ 797.07 ` oR EROFE William Aspinall 2003 Account Seven Hundred Ninety Seven and 7/100 William Aspinall 2003 Account MEMO I I u M1P I Check # 1 51 1 o AUTHORIZED SIGNATURE u^0 15 ~ LOn^ `i:0 3 L 3 L 2 7 3B~: 5 L L 20 38D8 >.II' >~I~g{SIG"ME"T~r'i}'~f~i~1~-Aspinall 2003 Account September D Description Original Price % off Qty Sell Price Your $ in46261 Inlaid Mahogany Drum Table $295.00 34%b 1 $195.00 X130.07 ~' in45623 LouisY~tonLuggage $675.00 co% 2 $1.000.00 ~~~'~ Totals tor: William Aspinall 2003 3 $797.07 ~~`~S~ THE CONSIGNMENT GALLERY INC. 15110 ~`1 15110 A i 1111111111111111111 ss245 , PNC Bank, N.Q. OSO Central PA 10/24/2008 - 15112 THE CONSIGNMENT GALLERY INC. 60-1273/313 PATRICIA MARBAIN D83 164 N. HANOVER ST. /" CARLISLE, PA 17013-2410 3rf (717) 249-9494 ORDER OFE 1~Jilliam Aspinall C / O Import Account ~ 1,937.97 one Thousand Nine Hundred Thirty Seven and 97/100 DoLLaRS William Aspinall C / ~ Import Account Inport Furniture Harrisburg, PA MEMO _ _ _____ ____ Check # 151 12 ^~~ ~ AUTHORIZEDSIGN.4TURE~ II'0 i 5 L 3l 2il' '~:0 3 ~ 3 L 2 7 38~: 5 1 L 20 3808 LII' -~1~3~ISIGNMENT~~1-~f~1i~~Aspinall C / ©tmport September 15112 1 D Description Original Price % off Qty Sell Price Your $ in48199 Claw and Ball Nesting Tables $395.00 10% 1 $355.50 $237.12 in5C330 Mahogany End Table $295.00 15% 1 $250.00 $188.75 in44190 Mahogany Inlaid Chippendale Style Two Part $1,895.00 26°/ 1 $1.400.00 $933.&0 in45358 Open Carlyle Bookcase w12 Drawers $1,275.G0 29'.6 1 $900.C-0 $600.30 Totals for: William Aspinall C / O 4 $1,937.97 ;~1 4 ~i' THE CONSIGNMENT GALLERY INC. 1511 r~ • nnn u~ m im m saws THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164 N. HANOVER ST. CARLISLE, PA 17013-2410 (717) 249-9494 PNC Bank, N.Q. 040 Centrel PA ~ 0/24/2Q08 15115 60-1273/313 083 ~~ ORDER OFE Bill Aspinall Carlisle Account Five Thousand Six Hundred Twenty Three .and 24/100 Bill Aspinall Carlisle Account MEMO $ 5,623.24 ' DOLLARS Check # 15115 II'OL5i;L5il' `~:03L3L273B~: 5LL203808~t11' - - -f -~~ISIGNMENT~I~~.EF~~I Inall Carlisle Account ~ I ~ ' ~ I I ~ ` ~" ~' ~ ptember ~ f.- ,~~ h 15115 I D Description Original Price % off Qty Sell Price I ~ 'Your $ So.oo in47730 19th C. Etching -Wood Block Print $20.00 ~/ 1 $20.00 $13.34 in5078S 2 part Green Cache Pot with Reservoir $30.00 0;6 1 $30.00 $20.01 in51004 Antique Mahogany Mirror with Shell $95.60 0'~a 1 $95.00 $63.37 in53240 Cane Back Regency Arm Chair $75.00 ~6 1 $75.00 $50.03 iM9374 Carved Gilt Mirror $65.00 0% 1 565.00 $43.36 irS2534 Cherry Broken Arch beveled Mirror $95.00 21 % 1 $75.D0 $50.03 in48632 ChippendaleSryleWingChair $395.00 43% 1 $225.00 $150.68 -qB.~ Chippendale Style Wing Chair $395.00 43°0 1 $225.00 $150.08 749 Contemporary Oak Stand $65.00 23% 1 $50.00 $33.35 ~~ X19121 Contemporary Yellow Bamboo Tumed Sofa w/ $345.00 14% 1 $295.00 $196.77 in53434 Copper Handy Um $45.00 0?•6 1 545.00 $30.02 in53245 Decorator Fabric Footstool $35.00 0% 1 $35.00 $23.35 /~ in51211 Doll Rocker with Woven Sea[ $25.00 G% 1 $25.00 516.68 in48818 ducal Windsor Arm Chair with Leather C2st $145.00 0',~6 1 5145.00 $53.72 I r ~ ' in53242 Early Victorian 3 Drawer S575.00 9?•6 1 $55.00 + $350.18 Vi h51138 English Windsor Arm Chair $145.00 0:6 1 $145.00 $x.72 in5~03 Framed Fox Hunting Print $125.00 ~6 1 $125.00 583.38 in52308 Framed Fox Hunting Print $125.L~ D'•5 1 5125.00 583.38 in52111 French Style Fruihdood Taboret $65.00 D?•6 1 5=5.00 S=.3.36 in52112 French Style Fruitwood Taboret $65.00 0'/ 1 565.00 $43.56 ~nGC~N d~ Vi~' ie~~@ $1s.o7 0°6 1 $15.00 510.01 THE SI h48910 GI I ERY INC. 1 Green Leather Swivel Office Chair $225.00 11°6 1 5200.00 5133.40 15115 in5IXi73 Large Scale Plaid Ottoman $245.00 10% 1 $220.50 $147.07 in53437 Lidded Box Bone $15.00 0% 1 $15.00 510.01 ir53943 Little Ginger Jar $10.00 0i6 1 510.00 $6.67 'v~51502 Nubuck Leather Sofa $475.00 26°6 1 $350.00 $233.45 in49J57 Pair of Contemporary Bar Stools $195.00 tab 1 $175.00 5116.73 in53427 Pair of Green/Gold Table Lamps $185.00 22:6 1 $145.00 $96.72 irS2038 Pair of Highback Blue Stripe Chairs with French $595.00 24°~6 1 $450.00 $300. i5 in49970 Porcelain Ginger Jar Style Lamp $95.00 21 % 1 $75.00 $50.03 in50227 Quality Provincial Lady's Writing Desk $575.00 4',6 1 $550.00 $366.85 in49412 Quality Solid Cherry 9 Drawer Kneehole Desk $;195.00 13°6 1 $345.00 5230.12 in53944 Red Vase $35.00 0'/ 1 $35.00 $23.35 in48284 Set of 4 Glazed Terra Cotta Figures $275.00 5°•6 1 $260.00 $173.42 ir50972 Set of 4 Metal Patio Chairs with Red Seats $95.OD 0'/ 1 $95.00 $63.37 in4E628 Set of 4 Modem Snack Trays $45.00 44% 1 $25.00 $iE.C$ 1n5(~61 Sat of 6 Mahogany Highly Carved Asian $875.00 23 % 1 $675.07 $450.23 in50315 Set of 6 Painted Upholstered French Style Side $575.00 0'/ 1 $745.00 $96.72 5 Set of 8 Red Conference P,rm Chairs $1,250.00 ~P/ 1 $975.00 $650.33 ~ Small Scale Arts & Crafts Leather Seat Mission $95.00 0'.6 1 $95.00 $63.37 Sn50314 Two Pedestal Painted Dining Table 5475.00 55%6 1 $195.00 $130.07 in50493 "lNhere the 61~Id Things Are" $975.00 21°b 1 $775.Cti7 $516.°,,.9 :rr".9418 Llmite iron Half Mcon and Glass Console Table S225.00 33'6 1 $150.15 $100.15 ,+~ ~ o I~~~II ~~~ ~~I ~~II III 39245 PNC Bank, N.A. 040 Central PA THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164 N. HANOVER ST. CARLISLE, PA 17013-_2410 (717) 249-9494 ORDER OFE ~i(I Asp=Hall Two Hundred Twenty Nine and 92/100 Bill Aspinall Rug Account MEMO 8/26/2008 15025 `° 60-12i3;i 13 083 ~. $ 229.92 DOL RS -__ CFl@C'~ ~t 1 J O Z 1 HORi -D SIGNATURE II'Di15025i1' ~:03L3L2738~: 5LL203808LII' T~rSIGNMENT~-~RAl~crpll'1~1I July 15025 D LlescriptiOn ~-+ Ori~ine! Price % ofi Qty Sell Price Yotar -~ in52081 Hooked Rug $65.00 10'/ 1 $76.50 550.72 in52084 Oriental Mat $35.00 26'/ 1 $25.29 $16.77 in52050 Persian Kashan Rug $245.00 0'/> 1 $245.00 $16244 Totals for: Blli Aspinall 3 $229.92 ~~ r tY~, J t~_. TFiE CONSIGNMENT GALLERY INC. `\ V 15025 ' A ~ o ® 111111111111111111 vnonG ~ - PNC Bank, N.A. 040 Central PA ' THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164. N. HANOVER ST. CARLISLE; PA 17013-2410 (717) 249-9494 PAY TO TH E ORDER OF Dill Aspinall Carlisle Account Four Thousand Three Hundred Twenty Two and 47/100 Bill Aspinall Carlisle Account MEMO 8/26/2008 15029: ; 60-1273/313 083 r~ ~ $ 4,322.47 Check # 15017 ~ ~o~t~s'~NahuRE il'0 L 50 2911' 1i:0 3 L 3 L 2 7 38~: 5 ~ L 2^ 3808 111' J 1~E~~SIGNMENT~~R~I~1Q+,in~Il CarIISIe ACC~Unt JUI~ 15029 ! ® Qescriptiorl N Original Price % ofifi Qty Sell Price Your $ in47730 19th 0. Etching -Wood Block Print $20.00 D'/ 1 $20.00 $13.34 ~~'- in51639 19th C. Rosewood Piano Stool $135.00 0'6 1 $135.00 $90.05 ~ (~,; in51848 2 Part Chinoiserie Bar Cabinet on Gilt Base $575.00 9?-6 1 $525.00 S350.18 I (~ ~~ iru2928 2 part Teak Folding Screen $115.00 0'0 1 $115.00 $76.71 Ir~ irS2312 Antique Mirror $65.00 036 1 $65.00 $43.36 t ~,' ' S ` in522?8 Anti ue Softwood Mirror '~ ~ ~ 1 q 535.00 D'/ 1 $35.00 $23.35 in51351 Antique Tole Painted Tray Top Table $185.00 0',0 1 $185.00 $123.40 ~.~ `~' l' in527~ bow tie Oval Gitt Mirror $65.00 0:6 1 $65.00 $43.35 ~,`,t~. k '1199 Brass "E>rot" Umbrella Stand $65.00 o?6 1 $65.00 543.36 555 Bronze Dancer $325.00 9?•5 1 $295.00 $196.77 i ~ L~ 5-~:,, tn53249 Cane Back and Seat 4L'ainut Rocker S1 i5.G0 17°6 1 $95.00 557.00 ~K: in5?093 Carved Bulls eye Eagle Mirror $145.00 036 1 $145.00 $96.72 ~~\ irA:635 Carved Uctorian Camel back Walnut Sofa $675.00 27% 1 $49x00 5330.17 irS1824 Cinnabar Taboret $145.00 D?•6 1 $145.00 596.72 in46536 Crved vctorian Walnut Gentleman's Chair 5375.00 2CP/o 1 $300.00 $200.10 in51055 Early PenrsyP/aria 2 Drawer Lift Lid Country h4ill $675.00 14°6 1 $580.00 5386.86 in48371 Frames Needlework of Ferry $10.00 G:6 1 $10.00 $6.67 in52535 French Single DrawerlNalnut Open Side Drinks $195.00 23% 1 S 150.00 570.05 in5150S Green Leather Office Chair $575.W 13°6 1 ~~YJ.CO $,;33.50 in50374 Lady's tNiiting Desk $395.CY1 25°6 1 $295.Q7 5796.E in51216 Link-Taylor Heirloom Gallery 5 Drawer ~3g;.00 c°6 7 5295.00 $196.77 THE'~~SIG{~~'E3~'i°~,1~ERY INC. $55.00 ~6 1 $SS.oo x36.69 ;5029 in50242 Pennsylvania period Cherry Sheraton Baiw Front $7,250.00 22'6 1 $975.00 $650.33 inS3244 Quality Queen Anne Needlepoint Footstool $135.00 30'6 1 $95.00 $63.37 in51263 Single Door Country Cupboard $225.00 13°6 1 $195.00 $130.07 in509?3 Small Scale 2 Door Cherry Credenza with Mirror $145.00 036 1 $145.00 $96.72 in5?581 Tiny 2 Shelf Table $85.00 0'/ 1 $85.00 $56.70 in47432 Yew Wood Comer Cabinet $575.00 26°'0 1 $425.00 $283.48 Totals f®r: Bill Aspinall Carlisle 28 $4,322.47 ~~ ~7~ ~~ ~Y'~ ~~~ t/ ® n~lt~n.rnl.l~m .,,,.,.~ ~ ° • THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164 N. HANOVER 6T. CARLISLE, PA 17013-2410 (717) 249-9494 ORDER OFE V~/illiam Aspinall C / O Import Account Two Thousand Nine Hundred Twenty Three and 13/100 William Aspinall C / O Import Account Inport Furniture Harrisburg, PA MEMO n;~ C~eCl~ ~ ,~ ~ ~ ~ 4 AUTHORIZED Lai ~ RE r u^0 L 50 3 211' ~:0 3 L 3 ~ z? 38~: 5 l L 20 38D8 Lu' ~'~~ SIGNMENTVY~~fIQlII.Aspinall ~ / ©Imp©Pt July 15032 1 D Description Origine! Price % off Qty Sell Price Your ~ in53339 Leather Upholstered Bench $575.00 13°b 1 $500.00 / I $333.50 - /y ~/' ~ ~ in4766G Mahogany Banded Lay's Writing Desk $475.00 10'/ 1 $427.50 $285.14 LC ~~ 1 in48201 Mahogany Barrister Bookcase $875.00 0'6 1 $875.00 $583.63 ~f(1' ' in48202 Mahogany Barrister Bookcasa $875.00 0?-6 1 $875.00 $533.63 in50697 Mahogany Faux Single Drawer Console Table $245.00 24% 1 $185.00 $123.40 I~ ~l' ~~ in514~ Pierced Tray Top Chippendale Sryle Mahogany $325.00 25°6 1 $245.00 ~_~ $163.42 ~n (~7 in50469 Set of 8 Mahogany Straight Leg English $2,450.00 60'6 1 $975.00 5650.33 ~ U . j in5125o^ Unusual Uctorian Style Umbrella Stand $375.00 20'/ 1 $300.00 $200.10 11 Lf `' T~tat~ f®r: 1lVilliam Aspinall ~ / ® S X2,923.13 PkC Bank, N.A. 040 Central PA g/26/2008 15032 60-1273/313 083 ~_ $ 2,923.13 DOLLARS E THE CONSIGNMENT GALLERY INC. unllu~mnnm 38945 15032 • PNC Bank, N.A. 040 Central PA THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164 N. HANOVER ST. CARLISLE, PA. -17013-2410 (717) 249-9494 FHY TO THE ORDER OF William Aspinall 2003 Account One Thousand Fifty and 53/100 William Aspinall 2003 Account MEMO Check # 15010 J,~~-,.,..,-~~-........_.._ il'0 ~ 50 3611' ~:0 3 1 3 1 2 7 38~: 5 ~ L 20 3808 LII' T~l~SIGNMENT'8'~~~I~I~~Aspinall 2003 Acc®unt July 15036 ! D Description ©riginal Price % off Qty Sell Price Your ~ in53642 10 x 12 Semi Antique Rug $1,475.00 25% 1 $1,100.00 $733.70 ~; LC -, ! ' in45S62 Set of 4 Black & Gold Tapestry Arm Chairs $875.00 46% 1 $475.00 $316.8'3 ~~, LC, ~ ~ - i'®tais for: 1il/illiam A~pinall 2~J03 2 $1,050.53 THE CONSIGNMENT GALLERY INC. 8/26/2008 15036 60-1273/313 083 $ 1,050.53 DOL RS 15036 ~ unnu~tntatnm ~o~~G ~ ' ~ PNC Bank, N.A. 040 Central PA • THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164 N. HANOVER ST. CARLISLE, PA 17013-2410 (717) 249-9494 ORDEROFE 1r'4/Illlar~ Aspinall 2003 Account Three Hundred Sixty Six and 85/100 William Aspinall 2003 Accouni 9/30/2008 15058 6D-1273/313 083 u $ 366.85 ` DOLLARS MEMO CheCi(~ 15058 II'0 L 50 5811' ~:0 3 L 3 L 2 7 38~: .-_.- 5 ~ 1 20 3808 LII' _____ _ ___~._.__ fR AUTHORIZEDSIGNATUPE t '~~'S'GNME"TN~~Y~•Aspinall 2003 AcCO~.~nt August 15058 1 D Description ©riginal Price % off oty Sell Price `tour ~ in45767 19th Century Coffin Stand $95.00 0'/< 1 $95.00 S53.37 in46001 Marble Top Fruitwoad Base $145.D0 48% 1 $75.OD $50.03 in53708 Metal & Marle like End Table $65.00 8'/ 1 $60.00 $40.62 in45107 Solid Mahogany Tall Plant Stand $225.00 36% 1 $145.60 $9ti.72 in45659 bVallpaper Demi Lune Commode $295.00 41 % 1 $175.00 $11 "0.73 Totals for: Wiliiam A~~inall 2003 5 $3EE.85 ~~ .. ~~ ~. THE CONSIGNMENT GALLERY INC. 1 5050 n Ililllllllllllllllll ss245 - PNC Bank, N.A. 040 ~ Central PA g/30/2Q08 15061 THE CONSIGNMENT GALLERY INC. 60-1273/313 PATRICIA MARBAIN oB3 164 N. HANOVER ST. ;r'` CARLISLE, PA 17013-2410 (717) 249-9494 ORDEROFE $~Jllllam Asplnall C / O Import Account $ goo a5 ' -Nine Huridred and 45/100 ooLLaRS William Asplnall C / O Import Account {nport Furniture Harrisburg, PA ' MEMO _ ---------- "-'' AIJ~I-iORIZED SIGNA~JRE ~ Check ~ y 5 0 61 II'^ ~ 50 6 1-I' '~:0 3 L 3 1 Z 7 38~: 5 1 i 20 3808 ill' ~gySIGNMEN,~~~~~Asplnall C / ©IrnpQrt August 15061 D Description Original Price % off Qty Sell Price Your ~ in45861 Double Mission Style Bookcase $675.00 11 % 1 $775.00 $516. in47660 Single Mission Syle Bookcase $675.00 15% 1 $575.00 $363.53 Totals fior: William Al,~pinall C ! O 2 ~9Q0.45 l1 . ~`tti ~t THE CONSIGNMENT GALLEflY INC. 15061 39245 0 I Illllllllllllilllll THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN . 164 N. HANOVER ST. CARL{SLE, PA 1 701 3-241 0 (717) 249-9494 PNC Bank, N.A. 040 CentmlPA 9/30/2008 15063 60-1273/313 083 ~~ ORDER OFE dill As Inal.l Carlisle Account $ p~ 6,056.36 ` Six Thousand Fifity-Six and 361100 ooLLaRS Bi!! Aspinall Carlisle Account MEMO __ _ _ ~- ' i AUTHORIZED SIGNATURE Check ~ 15063 11'0 L 50 6 311' ~.0 3 13 L 2 7 38~: 5 1 1 20 3808 LII' ~~tsl~NnnEtuT~~.~E~(~~inall Carlisle Account August 15063 © Descriptie~ Griginel Price % eft Qty Sell Price Your ~ in51205 19th. C. Pine Washstand $245.00 10°,6 1 $220.50 $147.07 in52729 4 Panel Oriental Screen $295.00 24% 1 $225.00 $150.08 in50354 5 Piece Green Wrought Iron Patio Set $295.00 i / 1 $275.00 $1~"~ in50650 Antique Small Scale Bentwood Half-Barrel Chair $65.00 23 % 1 550.00 $33.35 in".6715 Brown Leather & Fabric Banker's Chair $145.00 C?'a 1 $145.00 S4 J2 in47687 Cabinet Made 2 Part Softwood Open Top Hutch $675.00 2CP/ 1 $540.00 $360.16 in52731 Cabinet made Mahogany Butler Table $120.00 21 I 1 $95.00 56337 in49050 Carved French Needlepoint Footstool $125.00 CP,6 1 $125.00 583.38 -9627 Carved Wooden Box $20.00 40% 1 $12.00 58'~ Y32 Cherry & Maple Cabinet made Plant Stand 59500 0% 1 $95.00 $6.,'.37 ~\ m52°.,40 Child's Size Oval Marble Top Table 595.00 ff,6 1 $95.00 $63..'.7 in53530 Cclorful Fish Motlf Soup Turen $45.00 ~6 1 $45.00 $„0.02 , ., in53243 Contemporary $175.OD ~/ 1 $175.00 $116.73 1 ,~ in51G90 Elaborate Marbly Top Console with Porcelain $1,150.OD 24°< 1 5675.00 5583.63 in53247 Folk Art Carved Bird $225.09 3~ 0 1 $145.CY1 $°5.72 n49-411 French Provincial Marble Top Coffee Table $25.00 44°~b 1 $125-00 53338 in5~'9 Gdt Carved 3 par[ Mirror $195.00 2~,'0 1 5145.00 S^eo.72 im2565 Larga Cloi~nn~' Eovr1 5125.DD Di'o 1 $125.OD $33.38 irA8179 Mahogany Irdaid bdu°ir,iere 5375.0) 35% ~ 5245.W S io'3.47. in4R"LV3 P~lodern b1'alnut 2 Tier Corner Table $145.D0 34% 1 59500 SS337 u,4~J7 Necklace) $85.00 D'a 1 565.00 $5370 in51~5~ i 1-I C F n7it a IlTablebench Jy@tyEpgJ~ndC i fG L ~ Y S95.G0 ~i6 1 595.00 $n""3.37 E~ O~N a NaM DiV S od Drum Table r t d S ~E W $295.00 41 % 1 $175.00 $116.73 15063 +n5"s4.vJ PairoT Blue Flower Vessels $145.00 34% 1 595.00 $03.37 ir51335 Pair of Exceptional Mounted Marble Table $245.00 d'I 1 $245.00 $163'42 1n51007 PairofWalnutCanebackChairs $95.00 21`.6 1 575.00 $~~ tti510°.A Pennsylvania Softwood Dry Sink 5475.00 5% 1 $450.00 $300.15 ^0792 Pr. Composite Children Bookends $25.00 10'0 1 $22.SD 515.01 'snS2109 Profusely Inlaid Occasional Table $325.0') C'1 1 5325.00 5215.78 3n51ft33 Ron Sterling Oversized Silhouette Silver Leaf 5295.00 7'~6 1 $275.00 51&3.43 ~5D.493 Round Beveled Hanging A4imor $25.00 0'/0 1 $25.OD $16.68 6n50302 Set of 4 Mahogany Queen Anne Upholstered $295.00 17°6 1 5245.OD $16342 inE,Cf366 Set of 6 Cherry quean Anne Stretcher Base $575.00 14% 1 S?95.00 $330.17 L A7561 Set of 6 $495.00 30% 1 $345.00 $230.12 s,-ti51028 Set of 8 Hepplewhde Style Dining Chairs $795.00 25% 1 5595.00 $336.87 in525°9 Small Scale Mahogany Credenza 5375.00 6% 1 $345.00 5230.12 in49770 Softwood3 Drawer BOmbe'Italian Commode $375.00 33% 1 $250.00 $166.r5 i~50116 Solid Cherry Open Top 5295.00 Cr/ 1 5295.00 5196.77 in51133 Tall White Pier One Mirror 56500 0% 1 $65.00 543.35 ~1 Turtla. Shaped Silver Mirror 585.00 0% 1 $85.00 SS&JD - -:G Unusual Pennsylvania Splay Lei bench $245.00 8'/= 1 SZZ5.00 5150.03 in51148 White Crackle Urn Lamp 520.00 CP6 1 52D.DQ $13.34 iR51178 White Marble Vctorian Table 5345.00 13'.0 1 S300.~ 5200. i0 in52105 Wow Painting with Gilt Frame $95.00 D?•6 1 $95.00 563.37 39245 ~ o ~~~~~~ ~~~ ~~l ~~~~ ~~! 9/3012008 'totals for: gill Aspinall Carlisle 44 $6,056.36 THE CONSIGNMENT GALLERY INC. PATRICIA MARBAIN 164 N. HANOVER ST. CARLISLE, PA 17013-2410 (717) 249-9494 PNC Bank, N.A. 040 CentrelPA g/30/2008 15066 60-1273_/313 083 ORDEROFE Dili ~~~il^t~ll Two Hundred Fort Ei ht and 40/100 Bil( As~inall Rug Account MEMO a $ 248.40 ` DOLLARS u i G Check ~ 15066 -I'OL506611` ~:03L3L2738~: S~L20 ~C~ISIGNMENT~I~~.~EF~~Ci.~ ~ ~" A ~ ~ U ~~ 15066 D Description `"'i~''' Origins{ Price °!o o## Qty Se11 Fri~e Your $ ~-,, in50~53 Unusual Design Oriental Aug $575.00 23% 1 $414.OD $248.40 T~t~t~ fi®r: Bill A~~lnall 1 $248.40 THE CONSIGi'JNiEWT GALLERY RJC. 15066 !iliilii~isli~uli! 39245 ~ n EXhlbit «B~~ ., Michael A. Finio Phone: (717)238-7671 Fax: (717)257-7585 mfinio@sauLcom www.saul.com May 26, 2010 VIA OVERNIGHT MAIL William Aspinall 1531 Greening Lane Harrisburg , PA 17110 Re: The Consignment Gallery, Inc. Dear Mr. Aspinall: We have been engaged to represent The Consignment Gallery, Inc. (the "Gallery") We understand that a dispute has developed between you and the Gallery under the Consignment Agreement dated January 19, 2005 (copy enclosed). In short, this dispute relates to now-expired items consigned by you that have been stored at the Gallery for quite some time., have not sold, and which are now encroaching on the space needed to properly run the business. You have been asked to remove these items on several occasions, and you have been informed that. if they are not removed, contractual storage fees ($10 per item per day) will be charged. While these fees have been accumulating, some of your consigned items have sold. Proceeds from those sales have been used to offset storage fees. You have asked for payment on sold items, however, those requests were declined, as the proceeds from those sales have been applied to offset storage fees owed. T11e Gallery has appreciated your business over the years. However, the time has come to end the relationship, and the Gallery wishes to end it amicably. Therefore, the Gallery offers the following compromise. In exchange for your release of any and all claims against the Gallery relating to the Consignment Agreement, the expired and unexpired items that are located at the Gallery, and payment for any items that have sold in the past, the Gallery will agree to return all expired and unexpired items to you and release you from payment for all accrued storage fees on the expired items. ~'e propose that you and Patricia Marbain Kraybill reach an agreement on a convenient time to meet and to go through the entire Gallery, identify all the items that will be moved to a location of your choosing, and make all other arrangements needed to end the relationship. 2 North Second Street, 7'^ FIooI .-Harrisburg, PA 17101-1619 • Phone: (717) 257-7500 • Fax: (717) 238-4622 DEL.4 btARE MARYLAND NEW JERSEY NEW YORK PENNSYLVANIA WASHINGTON, DC 150712 I Si26/ 10 A DELAWARE LIMITED LIABILITY PARTNERSHIP t , May 26, 2010 Page 2 You and Ms. Kraybill may both have counsel attend that meeting, if desired. However, before items can be moved, both you and Ms. Kraybill must sign the enclosed Settlement Agreement (or some reasonable modification thereof); if the matter is settled as such, the Gallery will assist you in transporting the items to be moved to a reasonable, local location of your choosing. If you choose not to accept this offer to compromise, please consider this letter to be a ten-day termination notice under Consignment Agreement; thereafter, if you desire to collect the unexpired items (without the assistance of the Gallery's moving equipment), please contact me or my colleague, Emily Bensinger, to make arrangements for when those items can be moved. The expired items will remain the property of the Gallery. To be clear, if you choose not to accept this offer, (1) you will be permitted to remove only the unexpired items, (2) the Gallery will retain ownership and possession of all expired items and all items that were never placed on the floor for consignment, and (3) you will not be released from the accrued storage fees. Further, if you choose not to accept this offer and do not remove your unexpired items in the next ten days, the items will be considered the property of the Gallery and you will be charged the contractual storage fee of $10 per day per item until the items are either sold or discarded. If this occurs, the Gallery will send you an appropriate bill. We cannot over-stress that Ms. Kraybill has appreciated your business over the years and would like to resolve this dispute amicably and quickly. However, because it would be inappropriate to involve the Gallery staff in this matter, please refrain from visiting theme Galler~in the future without an appointment. All future contact between you and the Gallery, any of its staff, and Ms. Kraybill should be directed to either me or Ms. Bensinger. Please be advised that Gallery staff have beers instructed to contact local police to have you removed from the premises if you visit the Gallery without an appointment. Ms. Bensinger will be working with me to help the Gallery resolve this matter. Ms. Bensinger is more than happy to discuss the terms of this proposed settlement with you or coordinate a meeting between you and Ms. Kraybill to collect your items. We would also be pleased to speak with your attorney. If you have any questions about the proposals raised in this letter, piPase call me at the number above, or reach Ms. Bensinger at (717) 257-7576. Sincerely, ~~~ ~ ' Michael A. Finio cc: Patricia Marbain Kraybill 160713.1 5/261 ! 0 OFFER OF COMPROMISE AND GENERAL RELEASE BY AND BETWEEN THE CONSIGNMENT GALLERY, INC. AND WILLIAM ASPINALL This Offer of Compromise and General Release ("Release") is made this day of 2010, by and between THE CONSIGNMENT GALLERY, INC. (also the "Consignor") and WILLIAM ASPINALL (also the "Consignee") WITNESSETH: WHEREAS, THE CONSIGNMENT GALLERY, INC. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business of 164 North Hanover Street, Carlisle, PA 17013; and WHEREAS, William Aspinall is an adult individual residing at 1531 Greening Lane, Harrisburg , PA 17110; and WHEREAS, a dispute has arisen between the above parties relating to a Consignment Agreement, regarding payment under the Agreement, and rights to ownership and possession of consignment items (the "dispute"); NOW, THEREFORE, in consideration of the promises and covenants set forth herein, and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties hereby agree as follows: 1.1. Mutual Release of Any and All Claims. (a) Consignee's Release. In exchange for The Consignment Gallery, Inc. relinquishing all rights to the ownership and possession of items delivered to The Consignment Gallery, Inc. by Mr. Aspinall currently located on the premises of The Consignment Gallery, Inc. (both expired and unexpired items), Mr. Aspinall agrees to release and forever discharge The 160713.15/26/10 .: Consignment Gallery, Inc. and its parent corporations, affiliates, subsidiaries, shareholders, beneficiaries, legal representatives, officers, directors, employees, heirs, executors, successors and assigns, from all liabilities, claims, demands, causes of action, damages, costs, expenses, and fees that William Aspinall had, now has, or may ever have, known or unknown, at law or in equity against The Consignment Gallery, Inc. arising from the dispute between the parties as defined on page 1 of this Agreement. In conjunction with this Agreement, William Aspinall agrees to take possession of all items, both expired and unexpired. William Aspinall and The Consignment Gallery, Inc. agree to find a mutually convenient time for Mr. Aspinall and Patricia Marbain Kraybill, and their respective counsel, if desired, to perform a "walk-through" of The Consignment Gallery, Inc., during which time the parties will identify all items that are to be transported to a reasonable and local location chosen by Mr. Aspinall's. The parties further agree that any items that are not identified during the "walk-through" as belonging to Mr. Aspinall are, and will remain, the property of The Consignment Gallery, Inc. (b) Consignor's Release. The Consignment Gallery, Inc. agrees to release and forever discharge William Aspinall and each of his beneficiaries, legal representatives, officers, directors, employees, heirs, executors, successors and assigns, from all liabilities, claims, demands, causes of action, damages, costs, expenses, and fees relating to the dispute, including, but not limited to, the accrued contractual storage fees. 1.2. No Admission of Liability. It is understood and agreed by Consignor and Consignee that this Release is not to be construed as an admission of liability by, or on behalf of, the parties. The parties further agree that this Release shall not be admissible in any suit or proceeding as evidence or an admission of any liability by, or on behalf of, any party hereto. 1.3. Governing Law and Forum. This Release will be governed by and interpreted 160713. 15/26/10 2 . ,: in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its choice of law principles. Any actions to enforce the Release shall be brought in any state or federal courts having appropriate jurisdiction over the parties and the subject matter of the suit. 1.4. Binding Effect of Release. This Release shall inure to the benefit of, and shall be legally binding upon, all parties hereto, including their successors, heirs, and assigns. 1.5. Aanendment of Release. This Release, including this paragraph, may be modified at any point prior to execution to insure the terms of the Agreement are represented in a true and correct form herein. However, this Agreement may not and shall not be modified, altered, or amended except by the mutual consent and agreement of the Consignor and Consignee with such mutual consent and agreement to be expressed in writing like this one and executed by the foregoing or their properly authorized representatives. 1.6. Execution. This Release may be executed in counterparts, all of which taken together, shall constitute a single agreement with the same effect and validity as if signed as a single instrument. Facsimile copies of the valid signature of any party or its representative shall be valid and binding upon that party as if signed in the original. 1.7. Authority of the Parties. The Parties, namely The Consignment Gallery, Inc. and William Aspinall, represent and warrant that there exists no impediment or restraint, contractual or otherwise, on their powers, rights, or abilities, and that each has the requisite authority to enter into this Release and to perform their duties and obligations herein. Each person signing this Release warrants that he has actual authority to do so on behalf of the party that he represents and further warrants that he has authority to enter into the terms and conditions of and to execute this Release. 1.8. Confidentiality. The parties hereto agree to keep the terms of this Release and 160713. 15/26,10 3 the contents of all negotiations leading to this Release confidential, and agree never to disclose or otherwise communicate to anyone the terms of this Release, unless (1) compelled to do so by the issuance of a valid subpoena or (2) an enforceable order of a court of competent jurisdiction or (3) to the extent such disclosure is required by either party's accountants or insurers, or (4} otherwise by law. 1.9. Representation by Counsel. The Parties herein acknowledge and warrant that they have read this Release fully and enter into it knowingly and voluntarily and with the intention to honor, abide by, and defend its terms in good faith. The parties herein further declare and warrant that they have had the opportunity to have attorneys of their choice explain the contents of this Release and that whether or not such attorney was involved on their behalf, they are executing this Agreement without duress or coercion. They further declare and warrant that they understand the contents and effects of this Release and that they have executed this Release voluntarily and for the purpose of obtaining the benefits and consideration provided herein. 1.10. Full Force and Effect. If any term, provision or section of this Release is determined to be unlawful, invalid or unenforceable, the remaining terms, provisions, and sections shall remain in full force and effect and shall remain binding on the parties. 1.11. Agreement Drafted By All Parties. This Agreement has been negotiated, and shall be deemed to have been drafted, by all parties and their respective counsel, and no rule of construction shall be used to construe its terms against any party as draftsman. 1.12. Full and Complete Understanding. The parties hereto further agree that the terms and conditions of this Release and the full and complete understanding between and among the parties, and is the integrated memorial of their agreement; and that there are no agreements, covenants, promises, or arrangements (oral or written), other than those set forth herein. The ~bo~~3 ~ 5~z6~~a 4 parties to this Release expressly acknowledge that they have not relied upon any statement, promise, representation, warranty, express or implied, that is not explicitly contained in this Release. The parties hereto also agree that the prior drafts of this Release, or any changes to said prior drafts, shall not be used to interpret this Release; and such drafts, changes and negotiations shall never be admissible into evidence for any purpose, and are hereby deemed void for all purposes. IN WITNESS WHEREOF, the parties herein have entered into this Agreement as of the date written above. Patricia Marbain Kraybill, On Behalf of The Consignment Gallery, Inc. Sworn to and Subscribed before me this day of , 2010. Notary Public William Aspinall Sworn to and Subscribed before me this day of , 2010. Notary Public 160713.1 5126! 10 EXhlbit cc ~~ C. _ ,. r' ~`a ~~}y..,~?.r~ :+'SEQ~.~[!?Skr;,si~s~a,~r t•sl'"t ~£r J,)e~r,;p:?, y` !~~/~?fr3i~~ ;.:i"?~}`E'l ~ ~•i:~a-~~#t:~"in ,'"r"1~t'~jt"'.. "~''.::~ ~; 7;,'~ tt?v°cf ":;,5 ~l~aC~ ~f :~V ~/e',jf FAC~~TO f fGi Ti C.'~ii1/~S ~ ~ ~a1( M~~.~~ rr+~~ /(nntl ~s~, ~v f f;'4,/'~ q' E -,may ! Y' ~i"~„ a.-y ,•,-1 ~a-• ^f r{_.j. ~: =~t! r Sv?t~ t ^Q'+..~ . C 1.~ .5 ~~ ,J~I~f~ .L~~7 i i~ C.+G ' J ~ ~ i r-~ri ,rr,~ :~1-r~L :~~ ~~ ~._r1~c ;r ~ +.r yr. ;gay i~f~yrtrlr~t ~ ~fi,~~ ~-~ „dt".',~: ~ ~:~ tiro a car.{ :~f~y',_` rr [`~7 , r `F'i Ci:' , ; + `"r.r~ s.j 1 Y."i tr;* r. -s ;~ t~. , . ^.Yr811 ~° E'"r 3?;'f!"8i7 %.'~U/vi`: , ,~ 'i'??`r? ~?~ s.~.rfr?;??ca! '~~~ ~,:' i:.'i'1~'=~~ i ; , ,:,"7~:: >~: ;.i° ~ -se~rj~^ -i! ~Jr' r°'~n M ~n I ~ ~ r r '~ 7%i '~"e .vr. r a ,~ .. ~. ti~ ,~ :r ... ~:,,?7£, .S, Ur .~, ? ~;~"rr.t:. ~D85' .3G-~1~? ;:~.; , ?e? ,s~l~I„~ ,~7rr..:f, ~;~~ ~~ i>~t.~:~i;;7t~??~ ~t'~ ~~~r, f/rJl;`! t~~~' ^?~r"k`Gf%V/'? ~t~rr~ FOf 1P',.~ic~fi ~f c~~ t~~?t'~' i~ ~~~ fit' ~` %'i~_-.,~:.7, :a,.. °p i a .: ...; ` h T tt" 'h ~`: Fry "7"r., . ~ ,, ,'?~ ;, ~'P !r+~Fy'rJ',-}thrrJ ~f?u:''r' ova ?°:b; '7^.•'~,':~ ,/~' 1~~~ i,st7`~'! as cr/ `4' c. .,.ll". r l~3 `~tai:'C1r?C7 `'tc~r`itu.;i%v'!1 ., .. ..~ ~'n.{{!e^xK:~!? ,`~~! raj' ~~ ,~ q'~ t.f~ >'`J''1L~ ,P~f~.~y~t.1C:l(?~~ ~`7.~s ~7'`it~.~C? ~~ ~~ ~~ .~•:~ ;Pr?f~/~U ~3C><,^'~ ;'~(_" F~.~ ~::a~/' .~~fK~l4i>'~'i~l:`7 t71LG! ;~'i.3 :~f.~~.~C+i{~r' ~!' ;6.~CRr .n+l it-~a4(";t? :1~ ~ rci~..~'r~"J~.~(,'~ ~r~y. I.VlP~r~~~~Fl~,: r~ju° Y71: '.'.:.. ~R'~'1y'~ ~i P Ye•y, ~, ..~ ..~^. -1 4.r' R ~ 4~}. Y~ "4' :~ Sri. >~~~ ~, /.. ,y rlirj;. /'~4~a !:/ f G~: ;WSJ I v4dCJl HrL~t ~~' i,• ~. ,~9tt~1.1~( :./~' ~t~~:5 ;~': t ,~ ,C ~ir; ~1 l~s s. !C i •r! G~ a~+`; A~ rn ~ r e~ t rte, . : . w ~ .. ~~r r. , ~:~lfli?C.ry~^r ;r~ '~ :,ff' s?~, ` ;~`, x~rY? ,'~'717J:.s"~' s:3+t;Yf;*?r! +'„,1;~ W'r'~r~r': ? ~~/~ -?f?'~? ~ ~. "y '.r p1 ha, ~'~; 7'yt jr{ ±, if ~ r ~i aja'! ^*:e ~~ •7~ ~?'°` ;7' 7r,_.~ ~'y `i` '~'` ;r,: r~Y: ~~GPtf •_c~., < ~: ~'~f.~t..~. 'y. ,.aJ.aJ .~; r.~t~ b/ '~°C.~~'.., ,~I~i a •,~.4 ~~ ~b^~>t~t., ,,, vc: ~ws ~F . ~ ,~^-.',t..y:.~,e°/7 r'£'l,? C~>7"rt~G'~, ~`vr`i , T -ti #~i t. ~~ , r' 7r~ ,~4 r ~~ ! ,1. !' r :iiG'V~^r !~ ~, ~;rCk~'.~ J," ±a5t),+ 1}' 't;L~ ;t., .:~G@'d.S sr`7~,..1"'~,'?°c~C'~....,Y~ ~;''^-,rpF; ,.nr./ '?f"~7[i~r~/ rni~ ; '`'• ta..~~Tt !~,^,}-± r. ~ `~ /iG i ~~-1:a^ rr# c~~ ~ r•,r .. ~ ~~ `° '~ ~ u .~ i ~ Lam- ~ ~ w=y" ~t, '~. r"; y ..a ~< _ .. i~t7• •~ 7~ fri" ~r~ ~:'', ,~f. rs~, i._ F /8 ':r~C,a)"~w~%~r'~'d"~'~~~~ 3~~~~fC~b'' r^(~ 1~c.sil'",rr~? r,.• .. ~ ~ .;•-~{~. ~;F:r= ~r~ tt"~s~ ~r"?r ~fi:r41~~ Y"r:~, ~` t~~ ~i~r~ns~~ ~~lj~ - ~.:~ ~~,~ r °~.. j:..~.:r ~~ ~f:i '9 ~ f( '7r~ }'~r*1"~a!'?');.n!'; ~ °~aLF; 1!"c4?%""?,`s' r i'1CII7~y cz °(Yr'..~"ir~ t rG~~(Iry~~;~l i~ ;Jrr sf,'' .: ,. ~21`!t«/~t~l~ 'f~f'?6sr, ~r~ ~C~ :~~s'o3?i~'>`i;.7t~:~{'MXCIiJ~It/,/;~!>' ~'3s~-f ~~1 =.~~r"7~~~i1i1`#7t3'}"~~ ~,i~~y'+~P"~ ""`7~: -R` f'`J(.:Yirr~vril ~~tff.~?'ll (.~~5 ~.~7 ., {rr r r~ 4 ~~~~/.~«~b:~ ~Et.: ~~:U £'I -~. uo ~r~5 y.r ~.+•-•/~c-~~ ~,t. .... ',.n..i f~l'~. ,,. .. .. ..i r,.,_ :._ ~.yn ` > 1°.,,.. a.l:ly,.:, »~ ~~r~~~ .,~ s-=l ~~ r~ 5~: !~CqL~ ~~ i;1" f° iC.'.L/~,' ,!~"..7,? •r'1~;..f ~ ors.. °Y... .~. ryr ~)r °./,,: :d~~P.f/3 ~.~ ~~4 a ~hs c.:°1 -. . .~i'~S~{~,tt3r. it tilC•r{..v~ rray«+ Ja' ~~"~ ~~s~'~f" ...=~~.r ,. ~g gl i'~iti~.~t~'~,K~~t'~f~~ 4:f~:, rr; _:.,5c~/,~ ~7'~• {~. ~i: ~.°^f~~p~±v1L//u,,}} r;~~l";~ ,~N J?J~j ~tf3~r ..~l ',td aJ`5«"d r,fkc7tit '~+ . ,:. ,. .. ~-i r'~:Jr1~~i1,t's fi, °,i!?°'N• 1f ~rY~~- lu„f'#~~F~T~;'~'t~?'~~ `tiS~(7a~i~•' ~^~~f~t '°~ .._. :~. mss, 7ic.~{~'r ,.. Lial ~+r'"i`~~r'CJ'{1 .r: '%.ti .:~~ ~~.. .. i'/'^ (~~?`r :.z''` _ !J,'ui1{s2y'~iJ i~T'tf..1 'craz+~t.:lr?~F"~:.~` `-;~ F{rr~,>f~'t";+C+~`r?,~1ntY t'~r3y'it'''"?;:t i~' ~~;~ ~.r3~': ,Pt .!l" z~z'yr~''" + ~:-._ _. ;`'.,~,'fr ° ~',G „' I'd ~7. .h`- ~a e w , ,, ~ r ~;, r1~A,: rll j: +, st~ u ~ ~,.J! 1,:91i~11! 3F '(. ~~~' .~ .,, .~f;~;y ,.';..,~If17!!iG' Sri !`,c3,"t 4~r";s^f,3tr`"~'T.a~"7,` ~,~ 4irr :~` ~~(ias'.':;":.«,.~'c~tt?t~ ., ,~1~?`:rA?"s.^J;c;;~,. (;.' ~ ~„ w .. _ ~ .. j .: r virh~ ;:y . ~~ ~~riir i~ rt d :7G,t. /: ~%'f!~ rr~~:. , 7c`:i Vv t .~~° . ~'v'~ ~u ~~~+ ., r,jr;,:r c:9'3:;r `,~ >r"r' r=~~''~jl iJ:' i,`!ra i:4'%t.~i~l~~r'.'r ~ ai.r)''~` ;?j~ t~` C' .:~~ !;f (';u',°?"..~f PF~'s~~'C."a~`?~~'' ~~t'~"' ~'~~t ~e71~{N~C? t%;~ r'"'it':5~`is i;:C?"~„~`/C~ft~~ ~a ;X"r°?s~a t`w` ,n i~t"Js %`3~~^t# ~' ?~ ~ s ; tf %«'°! ~ i .: ziw:~iJ".+f'#~'i a"'~ iF x~pp prin. ..~ } J,..~n~ ..f t}R`r~" ~~rCCa~,~ :.l elf +.•~'~j ..r~~.:aG~ ~1.~ ~(~yJ.:~~"`I;, C~tf ~'~~'~ iSC'rf, ti ,7r~?i~{i S.~F. 4.~15,~ r ra' !~ ^° ~r Lu.. 7 .,, `. rr~ ,t t~ « i., 1C'-, ; f ~~ ~" r S,^!'i,~ r`117f+'1 l! . , '•r'+ ~r°tnr ~ .> ,.L` .• x Ni.~r ~:).~t .Ja ,i~{l,.~i r,~p,: c7t ~~ .ti,.•f',~.w 4a r .+ ~ ry~f ..:~ttl '~" + ~ '.~t0~ 7 r`..5'~ ki°.i/' rt' ., „x,;, f µr y .,r ~ ~` .~ r '~ . .» ~)~ P Y67n1,~ ~ ='.r . ~ •.r.' r~~-a.•~p%~jL~' _`r~"~l:l~r+•y ~.?:_ .~~.°'.'f'r ter' ~yx)~:~lt_.~~'{~ >~ .~,1 .: "a7!,rlfia;: r ,:s~?}~~d r~,r, ~ y. ! t h ~1~,~ar rA r .. .~. ~ii ~'~fi j"rr •s C~"a i~ ~,U 4. ~a~j~i~l~l„ .ra~:ty' ' r R ~ ~ ,~ . . ~ _° ti ~ ~1 ~ \ EXhlbit ~~D~~ Emily H. Bensinger Phone: (717)257-7576 Fax: (717)237-7430 ebensinger@saul.com www.saul.com FOR SETTLEMENT PURPOSES ONLY June 9, 2010 V_I_A FIRST CLASS MAIL AND ELECTRONIC MAIL (luthermilspaw(a)milspawlawfirm.com~ Luther E. Milspaw, Jr. Esquire Law Offices of Luther E. Milspaw, Jr. 130 State Street Harrisburg, PA 17101 Re: The Consignment Gallery, Inc. Dear Mr. Milspaw: This is to confirm our recent conversation that while The Consignment Gallery, Inc. and your client, William Aspinall, negotiate to resolve their dispute regarding consignment items, The Consignment Gallery, Inc. will not enforce the ten-day termination period referenced in our letter of May 26, 2010. However, The Consignment Gallery, Inc. reserves its right to re-start the ten day termination "clock" in the event that we feel that our attempts at negotiating a resolution become ineffective. If that occurs, we will provide written notice regarding the re-initiation of the ten day time period. Sincerely, Emily ensinger 2 North Second Street, 7'^ Floor • Harrisburg, PA 17101-1619 • Phone: (717) 257-7500 • Fax: (717) 238-4622 DELAWARE MARYLAND NEW JERSEY NEW YORK PENNSYLVANIA WASHINGTON, DC A DELAWARE LIMITED LIABILITY PARTNERSHIP EXhlbit ~~E~~ Y ITEMS LOCATED AT CONSIGNMENT GALLERY ON SEPTEMBER 14, 2010 Hand painted "D" shaped commode with oval painted panel in front 2. Large guild mirror 3. Ten (10) piece dining room suit (8 chairs, table, and side board): Trish originally wanted, I believe, took to her house for a while 4. Four (4) drawer Pennsylvania cherry period Chippendale chest with quarter columns 5. Assortment of rugs on the first, second and possibly third floors all which should be on file in the rug book. It would be tough to go through them all, but if we need to do that... At least some on the first floor appeared to be mine. 6. Period tiger maple four (4) drawer chest with unusual inlays on the top post 7. Painted white cast iron full size figure of one of the seasonal women, probably Fall 8. Mahogany period probably English Queen Anne round-top "T" table 9. Large reproduction painting and guild frame garden scene 10. Five (5) piece straight back french-style parlor set that may have been a direct purchase 11. Antique country stand with tiger maple drawer front 12. Large scale Aubusson hand woven rug 13. Two tone oval-shaped shield type hanging mirror 14. Clear etched window mounted in a new frame 15. Heriz rug looks to be around a 9 x 12 16. Three (3) drawer shell carved top drawer, chest of drawers from the new mahogany 17. Large bronze figure of female in gold dress on a marble pedestal 18. Large clear mirror - artdeco style 19. Two (2) large mirrors: one seems to be divided into nine (9) squares and looks to be 5' tall; another one is an elaborate over-mantle mirror Page 1 of 11 20. Walnut, two (2) drawer stretcher based farm table 21. Large painting of a pastel with a house and a white fence 22. Broken arch mahogany mirror with guild eagle on top 23. Black and gold mirror with two (2) guilded winged lions on top 24. Matching pair of straight leg camel back upholstered love seats 25. Jewelry case: 10 turquoise mounted antique prayer boxes 26. Three (3) drawer serpentine front tan colored French style commode 27. Antique stroller with wagon-style wheels 28. Model of the Robert E. Lee paddle boat in a case under glass with a wooden frame under 29. Mixed metal figure of a confederate type soldier beating on a drum 30. Antique (kind of blue and white) satsuma table light 31. Retro table light with curve lucite and copper ball shade 32. Pair of marble table lights with brass fittings 33. Custom mahogany mirror with carved inset eagle 34. Triple mahogany dresser from the new imports 35. "S" table with porcelain plaques "as-is" 36. Photos of the rug piles and the rug rack which is full of rugs 37. Unusual antique fountain-type piece 38. Brass fire screen with tapestry insert 39. Pink Queen Anne wing chair 40. Bamboo corner chair Page 2 of 1 l 41. French side chair 42. Few other miscellaneous chairs including ladder back with ball turnings and possibly a french-armed (upholstered) chair in that same photo 43. Grouping of chairs, including brown leather, a William & Mary arm chair, an antique oak arm chair 44. Antique cherry and maple desk 45. Chippendale side chair 46. William & Mary side chair 47. Possible grouping of other chairs 48. Primitive two (2) door wardrobe, Pennsylvania antique and rare-type varnish finish 49. Continental period desk with lid unattached 50. Two (2) drop leaf cherry stands (not sure} 51. Two (2) corner cupboards: one is a 121ight with arched top lights; and second is a narrow corner cupboard with an B light top 52. Walnut period Sheraton slant-top desk with four (4) drawers, Pennsylvania period desk 53. Open country display case with is antique which is keyed on the ends 54. Together there is an open kind of regency brown colored server 55. Period English wing chair 56. Mahogany server 57. Arm chair with figural tapestry 58. Large oval guild period over mantle mirror 59. Needle point Chippendale side chair 60. Doughbox on legs Page 3 of 11 61. Glass-top coffee table, I believe that was Hanredon 62. Bowed side artdeco display cabinet 63. Painted folding screen 64. Oriental folding screen (not sure on that one) 65. Period Sheraton chest 66. Continental four (4) drawer chest which is painted 67. Victorian walnut etagera which is a five (5) shelf open stand 68. Carved mahogany mirror, part of the new furniture 69. Two clocks: one is an antique Ithica clock; and the other is a grandmother clock and more contemporary 70. Grandmother clock 71. Ivory and black hall table with mirror on top in French-style, paint decorated 72. Victorian style pier mirror with guild base and marble top 73. Samples of two (2) of the sets of new mahogany chairs which are on top of a custom three (3) part hepple white banquet table 74. Banded dining chairs 75. Bowed cane, french-style recamier 76. Straight-legged dining table 77. Four (4) blue upholstered french-style chairs 78. Large scale carved mahogany lamp table 79. Victorian tilt-top table 80. Set of french-style chairs to be upholstered in what appears to be tan velvet 81. Set of ladder back, country-style chairs Page 4 of 11 82. Set of black decorated chairs (I believe those are Trish's) 83. Beveled mahogany mirror with a figural on top, antique and a shell carved at the bottom 84. French-style server (I'm not sure about) 85. White painted mirror with figures 86. Antique guild mirror that is almost like pretzel carving on the outside edge of it 87. Walnut, one-drawer, Pennsylvania country table 88. Set of five or six (5-6) light colored or cane back dining chairs (I can only see one in the photo) 89. Set of black bamboo turned dining chairs 90. New mahogany marble top Victorian style table 91. Burl walnut top conference table 92. Custom inlaid corner cupboard with broken arch top 93. Soft wood, two (2) part, open-top pewter cupboard 94. Green vinyl retro sofa 95. One piece continental cupboard painted white with glass covered door top, turned feet 96. Danish modern, dresser-type cabinet with ratan boxed section on the right 97. Four (4) piece wicker set (not sure) 98. Pennsylvania house cherry chest on chest 99. Custom English Chippendale chest on chest 100. Period continental Bombay slant-type desk 101. Custom cherry slant-lid desk with two-door covered top 102. Carved figure of Babe Ruth Page 5 of 11 103. Mahogany antique lamp table with glass ball feet 104. Two lamps that are on top of the lamp table with glass ball feet 105. Oriental cabinet 106. Onyx insert guild 107. Ceiling fan 108. Reclining figure of a man reading tablet on wooden base (not sure, Pd have to see the tag) 109. Group of 7 pictures heading down the steps and I believe 5 are mine 110. Modern style pole lamp with spun-type shade 111. Carved beveled mirror, kind of a pickled cream finish 112. Black and gold artdeco-type mirror 113. Period mirror with reverse painting of a house 114. Contemporary cat picture of cats on a chair 115. Hanging black and gold candle sconce 116. Two (2) part baker break front with the doors that are unattached 117. Set of four (4) green painted french chairs: originally there were a set of 8 so I'm not sure if the 4 are some where else or what happened to them 118. Primitive ladder back high-chair 119. Unusual metal scroll-work head board 120. Child's red leather television chair 121. Floral wing chair with straight legs 122. Painted white french-style chair with blue floral upholstery 123. William & Mary style chair with cut velvet striped upholstery Page 6 of 11 124. Tall carved arm chair with red and orange flower upholstery 125. Black leather arm chair 126. Bar room Windsor and cherry 127. Brass fireplace fender 128. Leather-top, turn leg writing desk 129. Pair of oriental-style chairs in yellow upholstery 130. Bamboo, brass-turned fire screen 131. Onyx lamp 132. Assorted oriental pottery 133. Very tall carved, painted white Victorian gentlemen's chair 134. Carved Victorian brass easel 135. White painted upholstered foot stool 136. Nice banded Sheraton chest of drawers 137. Open teak oriental etagere 138. Painted white french-style chair with tan velvet upholstery 139. Tan lolling chair with a black painted frame 140. Oriental cabinet: 2 drawers over 2 covered doors 141. Baker mahogany dining table with boards 142. Tall mahogany custom canopy bed 143. Small scale leather-top knee hole desk 144. Light colored mahogany butler table 145. Asian oil-type lamp Page 7 of 11 146. Antique brass bucket (not sure) 147. Two (2) drawer walnut hanging shelf 148. Antique two (2) part mirror 149. Two (2) drawer pine wardrobe with drawer on bottom 150. Contemporary Asian tea tins 151. Black table with tin tray top (needs checked) 152. Pennsylvania dry sink base and the covered top is hopefully around somewhere 153. Upholstered square-legged foot stool, entirely upholstered 154. Another pillow top, french-style upholstered stool with light colored striped fabric 155. Metal and glass coffee table: chrome and glass base with glass top (needs checked): the following photo and, in fact is marked with my 1730 so that's probably mine 156. Round top mahogany antique center table 157. Wood and wire bird cage 158. Couple of shaving mirrors 159. Saddlers bench 160. Contemporary glass-top console table on white base 161. Reproduction: country stand in red paint 162. Two (2) spider web mesh outdoor patio furniture which was part of the larger set 163. Lift-top antique bamboo sewing stand 164. Primitive tapered leg country stand 165. Hanging bamboo shelf 166. Round dish-top lamp table with pull-out drink slide Page 8 of 11 167. Green metal outdoor chaise lounge 168. White metal bamboo plant holder 169. Pair of mother of pearl inlaid single beds 170. Lion-faced, cast iron outdoor hanging that was part of a group of several others 171. Two part mirror painted black 172. 5' tall rectangular mirror with figural carving 173. Ornate small guild mirror 174. Small display shelf in walnut (hard to read the tag) 175. Carved marble table light 176. Pair of cherry taborets 177. Oriental table light 178. Another table light 179. Painted white tete a tete 180. Inlaid satin wood stand 181. Small cherry Queen Anne table with fold over top 182. Tall Queen Anne pink damask covered wing chair 183. Two (2) English bar room chairs 184. Tall bent arm rocker with cane seat 185. Shaker-style arm chair 186. Contemporary red fabric sofa 187. Hyde-colored trunk 188. Black floral ottoman Page 9 of 11 189. Contemporary black bench with strips of wood 190. Pair of white marble-top lamp tables 191. Period empire sofa with down cushion, striped fabric 192. Banded inlaid dining table or large center table 193. Large kind-of three (3) part etched arideco mirror 194. Contemporary needle point fire screen 195. Two (2) part corner cupboard with white painted top drawer 196. Period Pennsylvania Chippendale tall case clock 197. Cherry cupboard with diamond mullions 198. Smaller mahogany display cabinet 199. Drop-front period continental desk 200. Wood-framed wing chair by Stickley 201. Two (2) large stain-glass windows 202. Pair of striped arm chairs 203. Unusual white covered love seat 204. Large architectural two (2) part corner cupboard in red paint 205. Antique wicker platform rocker 206. Assortment of rugs 207. Danish modern wall unit 208. 6'-7' high carved guild mirror 209. Victorian tall guild wood pier mirror with figural head on the top 210. Another carved white occasional mirror Page 10 of 11 211. Carved blue upholstered arm chair 212. Long cherry harvest table 213. Bamboo turned planter 214. Unusual modern marble sculpture 215. Fret-carved English foot stool with slate insert 216. Ornate lamp table with brass beaded gallery 217. Remington bronze statue (one of three big ones that I brought in) 218. Ornate majolica jardinere 219. French arm chair with mountain-top back in white upholstery 220. Pair of tall Chippendale chairs (extra high in scale: antique) 221. Black leather arm chair 222. Assortment of lamps 223. Fireplace tools 224. Cane seat and back fainting couch 225. Ornate fainting couch in blue upholstery Page 11 of 11 Exhibit "F" Items Consigned to Consignment Gallery Which Were Not on the Premises on September 14, 2010, the Date of View; For Which There Has Been No Accounting; and Which Are Believed to Have Been Sold 1. Danish modern sideboard 2. Four or five (4-5) leather sofas 3. Red walnut stretcher base farm table 4. English tall clock (which I believe was sold to Marge, one of the sales staff) 5. Another very unusual inlaid English or Scottish tall clock that was a presentation piece 6. Two (2) open mahogany display shelves that Trish wanted me not to price because she had personal interest to use them 7. Group of cast iron figures and bronzes and mirrors 8. Country two door bookcase that had individual glass panes in each door 9. Tiger drop-leaf, tiger maple 10. Custom mahogany shelf clock 11. Unusual European two part curio with a corner curio on top 12. Large one piece french wardrobe 13. Pickled pine English-styled hanging curio 14. Faux marble console 15. Dry sink cupboard when we went through the building we saw the base, but not the top 16. Ames chair which is amid-century designer 17. Pair of three drawer night stands in mahogany 18. Set of eight outdoor arm chairs 19. New mahogany arch entertainment center, bought second-hand Page 1 of 7 20. Newer cherry custom Dutch cupboard 21. Chippendale-style sofa 22. Upholstered chair and ottoman 23. Antique miniature child's chest 24. Pair of Spanish arm chairs that were antique 25. Heavily carved Indonesian side chair 26. Country wash stand 27. Three (3) large reproduction Remington bronzes on inspection just saw one of them 28. Group of leopard chairs (may have been sold to Trish, I would have to check) 29. Small pine Dutch cupboard in unusual scale: soft wood 30. Molded leg period mahogany side board small scale 31. Pair of upholstered English chairs 32. New England period Queen Anne drop leaf in cherry 33. Credenza in mirror made by Kindle 34. French vanity with mirror 35. Baker knee hole desk (something I need to check on) 36. Cherry knee hold desk by Harden 37. Four panel oriental screen 38. Curio from Whitticomb (the one I brought in that they ended up selling for $6,000) 39. Banded inlaid Henredon banquet table 40. French chair 41. Set of outdoor spider web furniture (there is one piece remaining on the third floor) Page 2 of 7 42. Antique English marble vanity: very clean 43. Aluminum garden bench 44. Pair of French, tall oak chairs 45. Modern oak shelf with cut outs 46. French arm chair probably from the 30's that I remember Trish specifically asked if she could have for consignment 47. French marble stand 48. Hand-painted French kind of wallpaper screen that was in the back room (I believe Trish took it home, and then brought it back, and now it isn't there once more) 49. Exceptional mahogany secretary desk with oval inlay panels at the top section 50. More impressive Chippendale secretary desk which was part of the new mahogany 51. Group of cast iron, including urns, fountains, etc. (taken to the third floor, but there seems to be only 2 pieces left) 52. Large grouping of what would be the import account which consists of new mahogany items for the most part: sets of quality dining room chairs and what have you. They seem to be gone 53. Ethan Allen love seat 54. Antique Pennsylvania school master's desk 55. Jacobean & Style oak stand 56. Few different mahogany tilt tables 57. Cherry french-style chest from Harden 58. Pennsylvania House upholstered chair 59. From the import account: large round dining tables that were never accounted for 60. Custom shell-carved four drawer chest Page 3 of 7 61. Italian burl side board 62. Walnut two part corner cupboard 63. Tan leather sofa 64. Newer tiger maple country stand 65. Decco etched mirror 66. Brass and onyx lamp stand or pedestal 67. Tiger maple four drawer chest 68. Another period maple chest 69. Custom made cherry hanging cupboard 70. Black leather wing chair 71. Antique Pennsylvania walnut dry sink 72. Shield mirror 73. Cylinder french-style desk 74. One grouping from a new furniture store consisted of a lot of pottery, paintings, and miscellaneous 75. Custom chrome tea cart 76. Hitchcock style bench 77. Leather chair 78. Five (5) reproduction french-style marble top Bombay commodes 79. Large french writing desk 80. Signed baker end table 81. Leather chair with two (2) ottomans Page 4 of 7 82. Pair of shutter front matching cabinets 83. Black vinyl chair and ottoman 84. Couple odd wing chairs 85. Brass mirror 86. White french-style love seat that Marge wanted, but I don't think ever made out of the back room 87. Period Spanish side board that is no longer there: nice small scale, early 18`h century 88. Another leather sofa 89. Custom two part baker mahogany break front 90. Part of the new mahogany included in that general category were two large six-foot guild carved mirrors: there is one remaining 91. There was a set of eight (8) antique french dining chairs painted green: it appears that there are four left 92. Large assortment of different mirrors: at least 15-20 93. Modern bench table 94. Pair of french cane back chairs 95. Orange leather love seat 96. Ornate french chair 97. Pair of stuckloe Windsor chair 98. Leather-top rotating bookshelf 99. Two (2) mirrors: ornate burl and guild broken-arch mirrors (both unaccounted for and both gone) 100. Claw and ball mahogany side chair 101. Pair of large scale gold club chairs Page 5 of 7 102. Pair of bamboo arm chairs 103. Pair of harden cherry end tables 104. Modern pie safe that may or may not have been sold to Trish 105. Two (2) cast iron benches 106. Carved oak wainescoat type arm chair 107. Modern mirrored lingerie type chest 108. Large french-style painted side board 109. Carved small scale wooden horse 110. Brass mirror 111. Yellow chaise lounge 112. Ames style chair 113. Tampered marble top console from tambor widdicomb 114. Large scale antique green pie safe 115. Sterling tea set: my cost was $1,400 116. Pair of new mahogany marble top mahogany consoles 117. Large burl elm wardrobe 118. Another large, newer large scale carved mirror 119. Elaborate inlaid rosewood Victorian credenza 120. Set of four (4) tiger maple chairs 121. Large scale, soft wood two part apothecary cupboard 122. Chinese screen 123. Pair of fireside chairs Page 6 of 7 i 124. Roll front secretary desk 125. Cherry custom two part secretary desk 126. Rosewood slant desk 127. Period Hepplewhite serpentine four drawer chest 128. Walnut two part cellarette 129. Carver bear hall tree 130. Hinkel Harris two drawer end table 131. White stand with carved snakes 132. Inlaid two door bookcase 133. Unusual rosewood desk 134. French Bouelle cabinet 135. Cherry huntboard 136. Glass ball and claw foot library table Page 7 of 7 WILLIAM ASPINALL, Plaintiff vs. THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2010-5529 Civil Action -Law CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Defendant's Answer to the Additional Defendant's Motion for Summary Judgment, upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 14`" day of October 2010, addressed as follows: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 sp, ctfully s `' ted, i ~', ~ ~ ~~ 1 ~. LUTHER E. MILSPAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff 22 s WILLI ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY PENNSYLVANIA THE PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE TO THE vs. : Docket No. 2010-5529 fSIGNMENT GALLERY, INC., Defendant Civil Action -Law was filed ~ ONOTARY OF CUMBERLAND COUNTY: substitute the enclosed Certificate of Service in the above action for the one which the original Complaint on October 14, 2010. LUTHER E.IVIILSPAW Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff Dated: 19, 2010 ~;~ , b' I~tti~'h~~l S ~~~~~~ .~~~ ~1 Wd QZ ~aOGI~ ~~`~~OCll~s~~t~u ~F~~ .'v ~~1.~~0-(13~1~ WILLIAI~WI ASPINALL, ~I Plaintiff THE Ih upon all c postage p follows: vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA T GALLERY, INC. Defendant Docket No. 2010-5529 Civil Action -Law CERTIFICATE OF SERVICE certify that I served a true and correct copy of the above Plaintiff's Complaint Jparties of record by depositing the same in the United States Mail, first class, at Harrisburg, Pennsylvania, on the 14~' day of October 2010, addressed as Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 Attorney ID No. 19226 " 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff 22 WILLIAlI~'I ASPINALL, IN THE COURT OF COMMON PLEAS II Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA THE vs. Docket No. 2010-5529 GNMENT GALLERY, INC., Defendant Civil Action -Law CERTIFICATE OF SERVICE States 2410, Ih reby certify that I served a true and correct copy of the above Praecipe to Substitute of Service upon all counsel/parties of record by depositing the same in the United first class, postage prepaid, at Harrisburg, Pennsylvania, on the 19"' day of October ~ssed as follows: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 Respect y submitted, i TARA WART ,Paralegal Law Of ce of Luther E. Milspaw, Jr. 130 Sta Street ox 946 ~I Harrisburg, PA 17108-0946 (717) 236-3141 ~` ,. o~ Si ~~~~~~~s 9~ ~~~~ ~. ~~, era ei - ~.t t ire ~,t...,., .. i ._ ~i ! i ~ ~~ 4.~ ~ U i'a ' 'nt ,\'~ ii tl ~, Luther E. Milspaw, Jr., Esquire , , . r _ . , Attorney ID No. 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthermilsnaw(a,milsnawlawfirm.com WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants :Civil Action -Law PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE AS TO DEFENDANT KRAYBILL AND TO CHANGE CAPTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly discontinue the above-captioned action without prejudice as to Defendant, PATRICIA MARBAIN KRAYBILL and remove Defendant Kraybill from the caption. LUTHER E.`AvIILSPAW, J Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff Dated: l p'l ~ I I (~ -~,~~~ ~~ ~~~~ y• WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants Civil Action -Law CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Praecipe to Discontinue Without Prejudice as to Defendant Kraybill and to Change Caption, upon all counsel/parties of record by depositing the same in th ~Tnited States Mail, first class, postage prepaid, at Harrisburg,. Pennsylvania, on the f ~ day of October 2010, addressed as follows: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 Attorney ID No. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff ., NO.V 0 32'010 WILLIAM ASPINALL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant Civil Action -Law WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-6553 THE CONSIGNMENT GALLERY, INC., Defendant In Replevin ORDER AND NOW, this 3" day of A~~'~" , 2010, upon stipulation of Plaintiff, WILLIAM ASPINALL, by and through his attorney, Luther E. Milspaw, Jr., Esquire, and Defendant, THE CONSIGNMENT GALLERY, INC., by and through its attorney, Christopher E. Rice, Esquire, it is ORDERED and DECREED that the public sale of certain goods and items as scheduled by Defendant to commence on November 3, 2010, shall not include the offering for sale, or sale, of any of the goods and items as designated on Exhibit "A" to the Stipulation; AND FURTHER, a Writ of Seizure shall issue, directed to the Sheriff of Cumberland County, to seize said property listed as Exhibit "A" to the Stipulation, upon the posting of a bond in accordance with Pa. R.C.P. 1075.3 in the sum of $200,000.00, twice the value of the property stipulated to by the parties; AND FURTHER, that the Hearing scheduled for November 10, 2010, is hereby cancelled. BY THFfCOURT: Kevin .Hess, Judge Distribution: ~er E. Milspaw, Jr., Esquire - Cv ~ ~(ts ~.~ c~ t'uc.L~ /Christopher E. Rice, Esquire _ ~ / ~ ~ ~ Co~ ~ M.~.t,~ c -r; _~ ~~ ~;~ „~ rL3 G7 ~ ~1~3~Id ~~ ~'' ~ ~~ v~ --t -G a w w a `-`'~ ~ P~'l ~° --~ o z -.y 0 o~ -i ~ D -C F OLESTlients\14020 Kraybi1(114020. Lans.5529 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED-OFFICE OF T HE FROTHOI.OTARY 2011 NOV 22 AM 10T V Christopher E. Rice, Esquire CUMBERLAND COUNTY Attorney I.D. No. 90916 PENNSYLVANIA WILLIAM ASPINALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant : CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM TO: WILLIAM ASPINALL and his attorney LUTHER E. MILSPAW, JR., ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, The Consignment Gallery, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files its Answer to Complaint with New Matter and Counterclaim as follows: 1. Admitted. 2. Admitted. 3. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Kraybill is the sole shareholder of Defendant The Consignment Gallery, Inc., and the president, but it is denied as to the other classifications. 6. Denied as stated. Kraybill, in her capacity as president, is an agent of Defendant. 7. Denied as a conclusion of law. 8. Denied as a conclusion of law. By way of further response, denied as stated. 9. Denied as stated. It is admitted that Plaintiff and Defendant had engaged in regular business, but the period was approximately 15 years. Defendant would consign certain goods of Plaintiff. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 10. Denied. Defendant was one of thousands of consigners. 11. Denied as stated. Defendant operated the business at 860 State Street, Lemoyne, PA, from 1998-2005, before relocating to 164 N. Hanover Street, Carlisle, PA. Plaintiff leased space for storage from Defendant under a lease agreement before the relocation and then entered into a binding contract with Defendant (the "Contract"). The Contract is attached to Plaintiff's Complaint as Exhibit "C." 12. It is admitted that Defendant relocated in 2005, but it is denied as to the characterization that the majority of high-end goods moved to the new location were those of Plaintiff. 13. Denied as a conclusion of law and pursuant to Pa. R.C.P. 1029(e). By way of further response, it is denied that the parties operated under an oral understanding as Defendant and Plaintiff had a lease agreement and a Contract (see Exhibit "C" to Plaintiff's Complaint). Further, it is admitted that discounts were provided to Plaintiff and that a stub was sometimes provided to Plaintiff setting forth certain details of a transaction. 14. Denied pursuant to Pa. R.C.P. 1029(e). 15. Denied as a conclusion of law. By way of further response, admitted in part and denied in part. Admitted to the first part that goods were marked with an expiration and automatic markdown, but it is denied that a course of dealing dictated how things were handled. Rather, it was per a contract. Further, denied as to the remainder of the paragraph as Defendant was permitted to sell most, if not all, consigned goods of Plaintiff at a markdown Defendant felt was appropriate and were subject to the terms of the Contract, including an automatic markdown. Denied in part since all goods were subject to an expiration and automatic markdown price under the Contract. Denied as Plaintiff and Defendant entered into the Contract, which set forth, among other things, that a storage fee would be claimed. 16. Admitted in part and denied in part. It is admitted that Defendant both purchased and consigned goods for Plaintiff, but the exact time when goods were purchased is unknown at this time and after reasonable investigation. 17. Denied as stated. It is admitted that accountings were provided, but how often the accountings were provided was not monthly. In addition, the identity of which checks were signed and unsigned is unclear and is therefore denied. 18. Denied. Defendant, through its agents, did not request certain accommodations of Plaintiff as Defendant began charging storage fees to Plaintiff by way of withholding checks and funds. Money was paid to Plaintiff for unexpired goods that sold. It is admitted that Defendant's business was slow beginning in 2007, but it is denied that, in return, Defendant withheld payments due to Plaintiff. It is admitted that checks, which were provided in some cases as an accounting, were provided with a reference to goods sold to third parties and goods purchased by the Defendant. 19. Denied as checks that were requested to be deposited were for direct purchases from Plaintiff. 20. Denied as the checks speak for themselves. By way of further response, denied pursuant to Pa. R.C.P. 1029(e). 21. Denied as no representations were made as stated. By way of further response, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averment as it relates to Plaintiff's thoughts in this paragraph and the same are therefore denied and strict proof demanded at trial. 22. Denied as a conclusion of law. By way of further response and after reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth ofthe averments in this paragraph and the same are therefore denied and strict proof demanded at trial. By way of further response, Plaintiff was asked by Defendant to remove his goods, which he failed to do and ignored said requests. 23. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. By way of further response, the documents speak for themself. 24. Denied as a conclusion of law. By way of further response, it is denied that Defendant planned to pay Plaintiff under a proposed new strategy. 25. Denied that Kraybill represented that she was going to pay money to Plaintiff upon the sale of her house. 26. Denied that Defendant was going to provide a full accounting in May of 2010. 27. Admitted that Kraybill, on behalf of Defendant, contacted Plaintiff upon the advise of counsel and with counsel present to propose a meeting to discuss an accounting. 28. Denied as the letter speaks for itself. 29. Denied as the letter and document speak for themselves. By way of further response, Plaintiff was aware of the Contract and agreed to the terms therein. 30. Denied. Plaintiff was provided with a copy upon execution of the same. Further, it is denied as a conclusion of law. Plaintiff executed the Contract (referred to in the Complaint as the Alleged Contract) knowing that the arrangements set forth therein would be enforced and executed the same agreeing to those terms. 31. Admitted. Defendant would provide discounts to Plaintiff. 32. Denied. Many goods were sold at a discounted or reduced price. 33. Denied. Plaintiff was asked on numerous occasions and by various employees of Defendant to remove his goods. When he would arrive, the employees would ask if he was going to remove some of his expired goods. Plaintiff failed to comply. 34. Denied. Plaintiff knowingly and willingly executed the Contract and was aware of the terms therein. 35. Denied. Plaintiff would drop off goods and inform Defendant to do what it wanted with this load. 36. Denied. Plaintiff was aware of the terms of the Contract at all relevant times. 37. Denied. Plaintiff and Defendant operated under the Contract since it was executed and Defendant believed that the Contract was discussed thereafter. 38. Denied as a conclusion of law. By way of further response, it is denied that no consideration was provided as Plaintiff was permitted to have goods sold by Defendant and profit by the same. 39. Denied as a conclusion of law. By way of further response, it is denied that the Contract is not the binding agreement between the parties. 40. Denied. Plaintiff was made aware of the storage fees and executed the Contact agreeing to the same. In addition, Defendant orally notified Plaintiff of the fees. 41. Denied. It is denied that Plaintiff was not aware that such goods had been used to set off storage fees and was provided information regarding the same. Denied as the letter speaks for itself. It is admitted that the letter did not include an accounting. 42. Denied as the letter speaks for itself. 43. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 44. Denied as the letter speaks for itself. 45. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 46. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 47. Denied as the letter speaks for itself. 48. Denied pursuant to Pa. R.C.P. 1029(e). 49. Denied pursuant to Pa. R.C.P. 1029(e). 50. Denied pursuant to Pa. R.C.P. 1029(e). -°'1 51. Denied pursuant to Pa. R.C.P. 1029(e) and the email speaks for itself. 52. Denied pursuant to Pa. R.C.P. 1029(e). 53. Denied pursuant to Pa. R.C.P. 1029(e). 54. Denied pursuant to Pa. R.C.P. 1029(e). 55. Denied as the document speaks for itself. 56. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 57. Admitted. 58. Denied as the documents speak for themselves. 59. Denied as the documents speak for themselves. 60. Denied pursuant Pa. R.C.P.1029(e). Byway of further response, it is denied that any of the goods identified by Plaintiff were Plaintiff's goods. Rather, they were alleged to be goods provided by Plaintiff to be consigned. Further, Plaintiff took no photographs as all photographs taken were by counsel for Plaintiff and counsel for Defendant. All goods on the first floor were property of Defendant because they were purchased by Defendant or considered to be property of the Defendant because the goods were expired according to the Contract. 61. Denied as stated. By way of further response, Defendant's counsel notified Plaintiff's counsel that the sale would be postponed because of the threat that Plaintiff would file for an injunction. 62. Denied as the document speaks for itself. By way of further response, the list purports to be goods which Plaintiff believes he consigned but strict proof is demanded at trial. 63. Denied as the document speaks for itself. By way of further response, the list purports to be goods which Plaintiff believes he consigned but strict proof is demanded at trial. 64. Denied pursuant to Pa. R.C.P. 1029(e). By way of further response, denied as a conclusion of law. 65. Denied as a conclusion of law. By way of further response, no representations made by Kraybill were false. 66. Denied as a conclusion of law. 67. Denied as a conclusion of law. 68. Denied as a conclusion of law. By way of further response, no monies were used or diverted by Defendant or Kraybill that were due to Plaintiff. In fact, Plaintiff owes money to Defendant for the goods that have not been reclaimed and remain on the property of Defendant. 69. Denied as a conclusion of law. COUNT ONE BREACH OF CONTRACT PLAINTIFF vs. DEFENDANT CONSIGNMENT GALLERY 70. The answers to Paragraphs 1-69 are incorporated herein by reference as if fully set forth. 71. Denied as a conclusion of law. 72. Denied as a conclusion of law. By way of further response, there was no contract that required Defendant to provide the information listed within this paragraph and such information was never requested by Plaintiff. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT TWO MISREPRESENTATION AND FRAUD PLAINTIFF vs. DEFENDANT CONSIGNMENT GALLERY 73. The answers to Paragraphs 1-72 are incorporated herein by reference as if fully set forth. 74. Denied as a conclusion of law. 75. Denied as a conclusion of law. By way of further response, denied pursuant to Pa. R.C.P. 1029(e). WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT THREE BREACH OF FIDUCIARY DUTY PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 76. The answers to Paragraphs 1-75 are incorporated herein by reference as if fully set forth. 77. Denied as a conclusion of law. 78. Denied as a conclusion of law. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT FOUR CONVERSION PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 79. Paragraphs 1-78 are incorporated herein by reference as if fully set forth. 80. Denied as a conclusion of law. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT FIVE UNJUST ENRICHMENT PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 81. The answers to Paragraphs 1-80 are incorporated herein by reference as if fully set forth. 82. Denied as a conclusion of law. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. NEW MATTER 83. Paragraphs 1-82 are incorporated herein by reference as if fully set forth below. 84. On or about the date of the Contract, the Plaintiff entered into the Contract with Defendant. 85. The Contract states, among other things, that Plaintiff has "read the above statements and agree[s] to accept the conditions stated therein as applicable to all articles [Plaintiff) leave[s] on consignment for sale by [Defendant]." 86. The Contract, among other things, provides for a commission being paid to Defendant. 87. The Contract also provides for storage fees and that goods would become the property of the Defendant if they were not removed by Plaintiff within the specific time frame as outlined within the Contract being potentially four (4) months. Such goods, if not removed, were treated as "expired goods" and the property of Defendant, or would be subject to storage fees of $10 per day. 88. At all relevant times, Plaintiff was subject to the terms of the Contract. 89. Under the Contract, Defendant would retain a percentage from the sale of unexpired goods. In certain cases with Plaintiff, Defendant would dispose of the expired goods, or sell the expired goods and retain all of the proceeds to apply towards costs associated with abandoned goods, including, but not limited to trash removal, storage fees, etc. 90. Plaintiff had left certain goods at Defendant's place of business for years. 91. Plaintiff cannot claim that such goods are still owned by Plaintiff if such goods are expired and not reclaimed by Plaintiff within the time frame as set forth within the Contract. 92. Such expired goods would either become the property of Defendant or be subject to a storage fee. 93. If Plaintiff claims that such expired goods were being stored by Defendant, then Plaintiff owes Defendant storage fees in excess of the arbitration limits. 94. If Plaintiff claims no storage fees are owed, then the expired goods are solely owned by Defendant and Plaintiff must return the same to Defendant. 95. Defendant has complied with all terms under the Contract. 96. Plaintiff has taken advantage of the relationship between the parties and would often drop off damaged goods and request that Defendant's employees fix the same without a charge to him. 97. Plaintiff was told on numerous occasions to pick up his expired goods, but failed to do so. Plaintiff continued to drop off new goods to be consigned without the permission or knowledge of the owner of Defendant. 98. Plaintiff has interrupted Defendant's business by making bold allegations that money was owed and certain goods within Defendant's possession are the property of Plaintiff. 99. During Defendant's attempted going out of business sale scheduled in September 2010, Plaintiff threatened to file for injunctive relief immediately before the sale, which forced Defendant to postpone the sale. 100. Defendant has incurred substantial damages as a result ofhaving to postpone the sale, including, but not limited to, advertising costs, salaries, and rent. 101. Defendant lost potential revenue by not being able to sell expired goods at its going out of business sale in November 2010. 102. Plaintiff has attached documents to its Complaint that are perceived as settlement negotiations and, therefore, may not be used as evidence. 103. Plaintiff is prohibited by the parol evidence rule and other laws from arguing that an oral agreement was in place as the four corners of the Contract control all terms and agreements between the parties. 104. Plaintiff's claims are barred by the statute of limitations. 105. At all relevant times, Plaintiff consented and agreed to a reduction in the original price of the goods consigned. 106. At all relevant times, Plaintiff consented and agreed to paying storage fees. 107. In the past and at a prior location, Plaintiff rented space from Defendant in lieu of storage fees. At Defendant's new location on Hanover Street, Plaintiff and Defendant agreed to terms that would provide for storage fees and, therefore, renting space was not necessary. 108. Plaintiff had entered into prior written agreements with Defendant and at no time claimed that those agreements were invalid, unenforceable or changed due to course of dealings. 109. At no relevant time were Plaintiff and Defendant business partners. Plaintiff was a customer of Defendant. 110. PlaintiffusedDefendant's staffto perform services for Plaintiffwithout authorization and without paying for such services by having them do such things as unpack large containers of goods, repair damaged goods, and pick up goods from other locations. Plaintiff also maintained a sexual relationship with a staff member of Defendant which negatively affected Defendant's business. Throughout the business relationship of Plaintiff and Defendant, Plaintiff would take advantage of Defendant to the detriment of Defendant and its business. 111. Beginning in 2008, Defendant advised Plaintiff that he was not to drop off any other goods unless approved by Defendant, but Plaintiff refused to listen. Plaintiff would continue to drop off goods thereafter and while Defendant's owner was offsite. Defendant only wanted to purchase certain goods from Plaintiff rather than consign his goods. 112. Defendant notified Plaintiffthat money was due based upon storage fees and Plaintiff had failed and continues to refuse to pay said fees. 113. Because ofPlaintiff's unauthorized use ofretail and warehouse space, Defendant has lost revenue in excess of $500,000.00 because Defendant could not obtain additional goods from other vendors or consignors. Defendant business is not to store goods, but to move goods in and out of the showroom to keep customers coming back on a regular basis to see what new items are available. Plaintiff removed this ability and disrupted Defendant's operation by failing to remove certain goods over the years. 114. Defendant has incurred costs in excess of $5,000 for disposal of packing materials for goods unauthorized to be dropped off by Plaintiff or for Plaintiff's damaged goods that could not be repaired and were left at Defendant's place of business. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B" of the Complaint, and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. COUNTERCLAIM BREACH OF CONTRACT 115. Paragraphs 1-114 are incorporated herein by reference as if fully set forth. 116. Plaintiff has breached the Contract and is liable to Defendant thereunder. 117. Plaintiff had a duty to perform under the Contract, which Plaintiff failed to uphold causing substantial damages to Plaintiff. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B" of the Complaint, and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. UNJUST ENRICHMENT 118. Paragraphs 1-117 are incorporated herein by reference as if fully set forth. 119. If the Court finds that no contract exists, then Plaintiff has been unjustly enriched by not paying storage fees, by retaining possession of expired goods, and by utilizing staff without permission and for Plaintiff's personal gain. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "E" of the Complaint, and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONSHIP AND LOSS OF BUSINESS REVENUE 120. Paragraphs 1-119 are incorporated herein by reference as if fully set forth. 121. Plaintiff's threat of stopping Defendant's going out of business sale in September 2010 has caused Defendant to incur damages. 122. Defendant's inability to sell certain goods that were claimed to be owned by Plaintiff has caused Defendant to lose potential revenue because such goods were not included in the November 2010 going out of business sale. In addition, having all goods available to sell at the November 2010 sale would have provided Defendant with a better selection. 123. Because of Plaintiff's unauthorized use of retail and warehouse space, Defendant has lost revenue in excess of $500,000.00 because Defendant could not accept new goods to consign, which is essential with Defendant's business. 124. Defendant has incurred costs in excess of $5,000 for disposal of packing materials for goods unauthorized to be dropped off or damaged goods. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "E" of the Complaint, and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. TRESPASS TO CHATTELS 125. Paragraphs 1-124 are incorporated herein by reference as if fully set forth. 126. Plaintiff interfered with Defendant's right to possession of the expired goods and other goods throughout the past five years. 127. Plaintiff purposely made a claim on the expired goods knowing that Defendant was having a going out of business sale. 128. Plaintiff caused damages to Defendant by removing goods from the sale, which could have been sold to Defendant's customers for a profit and provided Defendant with more inventory. 129. Plaintiff is in possession of a majority of the expired goods as outlined on Exhibit "B" of the Complaint. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "E" of the Complaint, and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. MARTSON LAW OFFICES By: <7-, Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: VERIFICATION The foregoing Answer with New Matter and Counterclaim is based upon information which has been gathered by my counsel in the response to the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. The C66iisignment GaHerv. Inc. By: 'atrida Kraybill J"'4 Csn CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Answer with New Matter and Counterclaim Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 MARTSON LAW OFFICES By: N 14y Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: 101.?2' 141) a f.? FILED- O}F(??? 1 C E { i 0 DcC 16 PH 2: I. WILLIAM ASPINALL, Plaintiff ERLAND' PEENS Yl.V ?. f? R ?. IN THE COURDOF`COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants Docket No. 2010-5529 Civil Action - Law WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-6553 THE CONSIGNMENT GALLERY, INC., Defendant In Replevin MOTION TO COMPEL AND NOW, comes Plaintiff, WILLIAM ASPINALL, by and through his attorney, Luther E. Milspaw, Jr, Esquire, and files this Motion TO Compel with regard to discovery served upon the Defendant: 1. The moving party herein is the Plaintiff. The respondent herein is the Defendant. 2. On October 27, 2010, Plaintiff, by his counsel, served upon Defendant a Request for Production of Documents, a copy of which is attached hereto and marked as Exhibit "A". 3. The Request for Production of Documents were served upon Defendant's counsel of record. 4. To date, Defendant has not responded to the discovery and has not filed any objections to it. 5. Plaintiff wishes to proceed with this action and, to do so, he needs the information addressed in his Request for Production of Documents. Without that information, and without the Defendant's response to his discovery, his ability to proceed with the case are bing prejudiced and damaged. 6. Judge Hess has entered orders previously in this matter. 7. Defendant does not concur in Plaintiff's request for relief. WHEREFORE, Plaintiff prays this court to, by order, compel Defendant to fully response to the discovery described in this Motion. LUTHER E. MILSPAW, Jr Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff Dated: December 15, 2010 VERIFICATION I hereby verify that the statements made in this document are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Luther E. Milspaw, Jr. Dated: December 15, 2010 x hibit "A" WILLIAM ASPINALL, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant Civil Action - Law WILLIAM ASPINALL, JN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-6553 THE CONSIGNMENT GALLERY, INC., : Defendant In Replevin 00, REQUEST FOR PRODUCTION OF DOCUMENTS Plaintiff, WILLIAM ASPINALL, by and through his attorney, Luther E. Milspaw, Jr., propound, pursuant to Pennsylvania. Rule of Civil Procedure 4009, Plaintiff s Request For Production of Documents for the purposes of inspection and copying at the Law Office of Luther E. Milspaw, Jr., 130 State Street, P.O. Box 946, Harrisburg, PA 17101 within thirty (30) days of service hereof. DEFINITIONS AND INSTRUCTIONS "And" and "or" shall be construed conjunctively and disjunctively. 2. "Document" means any letter, correspondence, email, computer record whether in hard copy or digital copy, memoranda, inter-office communication, intra-office communication, log book, consignment book, ledger sheet, agreement, leases, consignment agreements, agreements, minute, report, note, schedule, check, check ledger, draft, diary, log, telegram, drawing, picture, table, graph, chart, map, or survey, including the originals and working drafts of all of the above and any copies thereof which are different from the original by way of interlineation or notation, any transcript or summary of the foregoing and any other tangible representation of information which may be retrievable. 3. If you claim that the subject matter of a document is privileged, you are required to identify the document by stating the following information: a. Its nature (e.g., letter, memorandum, etc.); b. Its date (or if it bears no date, the date when it was prepared); C. The name, address, employer and job position of the signer or signers (or if there is no signer, of the person who prepared it); d. The name, address, employer, and j ob position of the person, if any, to whom the document was sent; e. The name, address, employer, and job position of each person known or believed to have originals or copies of the document; or f. A brief statement of the subject matter of the document; and g. State the ground or basis on which you contend that the document is privileged. 4. If you do not have possession, custody, or control of a document requested, but know who does have possession, custody, or control, you are required to identify the document and the person who has possession, custody, or control in the manner requested in subparagraph 4 above. "You" and "your" refers to the Defendant, THE CONSIGNMENT GALLERY, INC. 6. "Aspinall" refers to Plaintiff WILLIAM ASPINALL. 7. "Kraybill" refers to Patricia Marbain Kraybill. DOCUMENTS AND THINGS REQUESTED 1. Any and all documents which embody, evidence, relate to or pertain to the items and goods you took on consignment from Plaintiff William Aspinall for the period from January 1, 2005 to present. 2. Any and all documents which embody, evidence, relate to or pertain to the items and goods that had originally been taken by you on consignment from Plaintiff William Aspinall for the period from January 1, 2005 to present, that you sold during that period. 3. Any and all documents which embody, evidence, relate to or pertain to the ID number, description, original price, mark down percentages or percentage off original prices, quantity, sales price, commission calculation, and net amount due to Plaintiff William Aspinall, of each of the items and goods that had originally been taken on consignment by you from Plaintiff William Aspinall for the period from January 1, 2005 to present, that you sold during that period. 4. Any and all documents which embody, evidence, relate to or pertain to the items and goods that had originally been taken on consignment by you from Plaintiff William Aspinall for the period from January 1, 2005 to present, that remain located on your business premises at 164 North Hanover Street, Carlisle, Cumberland County, Pa. 17013. Any and all documents which embody, evidence, relate to or pertain to the items and goods that had originally been taken on consignment from Plaintiff William Aspinall for the period from January 1, 2005 to present, that remain in your possession but are not located at your business premises at 164 North Hanover Street, Carlisle, Cumberland County, PA 17013. 6. Any and all documents which embody, evidence, relate to or pertain to the items and goods you or any of your employees or officers bought from Plaintiff William Aspinall for the period from January 1, 2005 to present. 7. Any and all documents which embody, evidence, relate to or pertain to the items and goods you claim were abandoned by Plaintiff William Aspinall that had originally been taken on consignment from Plaintiff William Aspinall for the period from January 1, 2005 to present. 8. Any and all documents which embody, evidence, relate to or pertain to storage fees you have charged the Plaintiff William Aspinall for items and goods that had originally been taken on consignment from Plaintiff William Aspinall for the period from January 1, 2005 to present. 9. Any and all documents which embody, evidence, relate to or pertain to the names, addresses, phone numbers, email addresses and other contact information of all individuals or entities who consigned items and goods to you for the period from January 1, 2005 to present. 10. Any and all documents which embody, evidence, relate to or pertain to agreements, whether written or oral, that you have had with individuals or entities who consigned items and goods to you for the period from January 1, 2005 to present. 11. Any and all documents which embody, evidence, relate to or pertain to agreements, whether written or oral, that you have with the owner/lessor of your business premises at 164 North Hanover Street, Carlisle, Cumberland County, PA. 17013. 12. Any and all documents which embody, evidence, relate to or pertain to the names, addresses, phone numbers, email addresses and other contact information of all individuals whom you employed, or whom you engaged to work for you as independent contractors, for the period from January 1, 2005 to present. 13. Any and all documents which embody, evidence, relate to or pertain to the names, addresses, phone numbers, email addresses, and other contact information of all banks and other financial institutions with which you have accounts, including without intending to limit, PNC Bank NA and Pennsylvania State Bank, for the period from January 1, 2005 to present. 14. Any and all documents which embody, evidence, relate to or pertain to the names, addresses, phone numbers, email addresses, and other contact information of all banks and other financial institutions to which you submitted any applications for loans or from which you received or guaranteed a loan, whether secured or unsecured, and any and all loan applications with accompanying documents submitted to any and all such banks and other financial institutions, for the period from January 1, 2005 to present. 15. Any and all documents which embody, evidence, relate to or pertain to the income, revenue, and expenses of your business for the period from January 1, 2005 to present. 16. Any and all documents which embody, evidence, relate to or pertain to bank account ledgers for all your accounts, inc such electronic form as you maintain it (QuickBooks, etc.) for the period from January 1, 2005 to present. 17. Any and all documents which embody, evidence, relate to or pertain to the assets and liabilities of your business for the period from January 1, 2005 to present. 18. Any and all documents which embody, evidence, relate to or pertain to salaries, benefits, and loans you have made to any shareholder, director, officer and/or employee of your business for the period from January 1, 2005 to present. 19. A copy of, and any and all documents which embody, evidence, relate to or pertain to, your federal, state and local tax returns for all taxing authorities to which you filed or should have filed a return. 20. All written admissions or statements against interest which you claim were made by Plaintiff, William Aspinall. Attorney ID No. 19M6 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff Dated: October 27, 2010 WILLIAM ASPINALL, JN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., : Defendant Civil Action - Law WILLIAM ASPINALL, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-6553 THE CONSIGNMENT GALLERY, INC., : Defendant In Replevin CERTIFICATE OF SERVICE Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 LUTHEKEOQU. W, Jr. Attorney ID No. 6 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff I hereby certify that I served a true and correct copy of the above Request for Production of Documents upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 27' day of October, 2010, addressed as follows: WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants Civil Action - Law WILLIAM ASPINALL, Plaintiff VS. THE CONSIGNMENT GALLERY, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2010-6553 In Replevin CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Motion to Compel by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 15`t' day of December 2010, addressed as follows: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 I Respect i, lly submitted, TARA L. SWARTZ, Paralegal Law Off e of Luther E. Milspaw, Jr. 1 to Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Q OF T FILED-OFFICE HE P p IICI Tfi ? y 2030 CEC 16 PM 2: 4 sLuther E. Milspaw, Jr., Esquire PENNSYLVANIA` Attorney ID No. 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthermilsuaw(i,milsnawlawfirm.com WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., : Defendant Civil Action - Law PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIMS AND NOW, comes Plaintiff, WILLIAM ASPINALL, by and through his attorney, Luther E. Milspaw, Jr, Esquire, and preliminarily objects to Defendant's Answer to Complaint with New Matter and Counterclaim (hereinafter "pleading"), as follows: Pennsylvania Rule of Civil Procedure No 1029, entitled "Denial. Effect of Failure to Deny" provides at subparagraph (e): "(e) In an action seeking monetary relief for bodily injury, death or property damage, averments in a pleading to which a responsive pleading is required may be denied generally except the following averments of fact which must be denied specifically: (1) averments relating to the identity of the person by whom a material act was committed, the agency or employment of such person and the ownership, possession or control of the property or instrumentality involved; (2) if a pleading seeks additional relief, averments in support of such other relief; and (3) averments in preliminary objections." 2. This action is not an action seeking monetary relief for bodily injury, death or property damage, and the balance of the provisions of Pa. R.C.P. No 1029(e) do not apply to this action. 3. In Paragraphs 14, 20, 48, 49, 50, 51, 52, 53, 54, 55, 60, 64, and 75 of Defendant's pleading, Defendant avers Pa. R.C.P. No 1029(e) as a basis of denial of Plaintiff's allegations. Said averments fail to conform to rule of court and are legally insufficient, pursuant to Pa. R.C.P. Rule 1028(a) (2) and (4), respectively. 4. Pennsylvania Rule of Civil Procedure No 1019(g) entitled "Contents of Pleadings. General and Specific Averments"provides in subparagraph (g): "(g) Averments of time, place, and items of special damage shall be specifically stated." 5. In Paragraphs 101, 113, 114, 123 and 124 of Defendant's pleading, Defendant avers "lost potential revenue," or "lost revenue in excess of $500,000.00", or "incurred costs in excess of $5,000.00," without any specificity as to time, place and items of such special damage. Said averments fail to conform to rule of court and are legally insufficient, pursuant to Pa. R.C.P. Rule 1028(a) (2) and (4), respectively. 6. In Paragraph 110 of Defendant's pleading, Defendant avers that "Plaintiff also maintained a sexual relationship with a staff member of Defendant which negatively affected Defendant's business." Said averment is scandalous and impertinent and should be stricken; and is without any specificity as to time, place and/or items of such special damage. Said averments fail to conform to rule of 2 court and are legally insufficient, pursuant to Pa. R.C.P. Rule 1028(a) (2) and (4), respectively. 7. Pennsylvania Rule of Civil Procedure No 1019(i) requires the pleader to attach a copy of all writings upon which it bases any claim or defense. 8. In Paragraph 108 of Defendant's pleading, Defendant refers to "prior written agreements" upon which it subsequently relies as part of its defense. Said averment fails to conform to rule of court and is legally insufficient, pursuant to Pa. R.C.P. Rule 1028(a) (2) and (4), respectively. WHEREFORE, Plaintiff requests this Honorable Court to strike Defendant's Answer to Complaint with New Matter and Counterclaim or in the alternative, order the Defendant to amend its said pleading and such other relief as this Court shall deem just. Respectfully submitted, LUTHER %MILSPA , Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff Dated: December 14, 2010 3 ¦ WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC. Defendant Civil Action. - Law CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Plaintiff's Preliminary Objections to Defendant's Answer to Complaint with New Matter and Counterclaim upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 14`' day of December 2010, addressed as follows: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 R spectfully sub fitted, k UILVA , Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff 22 PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ?J Please list the within matter for the next Argument Court. WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant Civil Action - Law 1. State matter to be argued: Preliminary Objections of Plaintiff's to Defendant's Answer with New Matter. 2. Identify counsel who will argue case: a. For Plaintiff: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17101 b. For Defendant: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 3. I will notify all parties in writing within two (2) days that this case has been listed for argument. 4. Argument Court Date: January 14, 2011. R, spectfully subm' ed, V LUTHER E. IL PAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: December 20, 2010 DEC 2 02010 l? J WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., and PATRICIA MARBAIN KRAYBILL, Defendants Civil Action - Law WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-6553 THE CONSIGNMENT GALLERY, INC., Defendant In Replevin ORDER OF COURT AND NOW this Zi' day of ....li? , 20 jn , upon consideration of the attached Motion to Compel, the Defendant is hereby ordered and directed to file a verified response to Plaintiff's Request for Production of Documents ?i*LPr iii, within ,2 o day of service of this order. BY THE COURT: Distribution: / Christopher E. Rice, Esquire (Attorney for Defendant) Ten East High Street, Carlisle, PA 17013 _,,--fu-ther E. Milspaw, Jr., Esquire (Attorney for Plaintiff) 130 State Street, Harrisburg, PA 17101 (26 i es .*t.-k L ar1? l k M tin N cz) c 4 ' 3 -; ?s . rv t 0. r FARLESTlients\14020 Kraybill\14020.1.ans.5529.amendedl.wpd Christopher E. Rice, Esquire ' y Attorney I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM ASPINALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant : CIVIL ACTION - LAW FIRST AMENDED ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM TO: WILLIAM ASPINALL and his attorney LUTHER E. MILSPAW, JR., ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, The Consignment Gallery, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and files its Answer to Complaint with New Matter and Counterclaim as follows: 1. Admitted. 2. Admitted. 3. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 4. Admitted. t 5. Admitted in part and denied in part. It is admitted that Kraybill is the sole shareholder of Defendant The Consignment Gallery, Inc., and the president, but it is denied as to the other classifications. 6. Denied as stated. Kraybill, in her capacity as president, is an agent of Defendant. 7. Denied as a conclusion of law. 8. Denied as a conclusion of law. By way of further response, denied as stated. 9. Denied as stated. It is admitted that Plaintiff and Defendant had engaged in regular business, but the period was approximately 15 years. Defendant would consign certain goods of Plaintiff. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 10. Denied. Defendant was one of thousands of consigners. 11. Denied as stated. Defendant operated the business at 860 State Street, Lemoyne, PA, from 1998-2005, before relocating to 164 N. Hanover Street, Carlisle, PA. Plaintiff leased space for storage from Defendant under a lease agreement before the relocation and then entered into a binding contract with Defendant (the "Contract"). The Contract is attached to hereto as Exhibit "A." 12. It is admitted that Defendant relocated in 2005, but it is denied as to the characterization that the majority of high-end goods moved to the new location were those of Plaintiff. 13. Denied. It is denied that the parties operated under an oral understanding as Defendant and Plaintiff had entered into numerous agreements, including, but not limited to, the Contract that is attached to Plaintiff's Complaint as Exhibit "A." Attached hereto as Exhibit "A" is the Contract, a lease agreement dated October 1, 2003, and a contract executed in 1996, along with a letter titled "Our Yearly Come to Jesus Meeting" presented September 2003. Plaintiff and Defendant entered into a contract in 2001 (the "2001 Contract") for which Defendant has been unable to locate as of this date. The 2001 Contract was similar to the Contract and had a 1/3 commission being paid to Defendant upon the sale of consigned goods. Further, it is admitted that discounts were provided to Plaintiff and that a stub was sometimes provided to Plaintiff setting forth certain details of a transaction. 14. Admitted in part and denied in part. It is admitted that the price of items were adjusted in certain situations, but it is denied that at all times the parties had to agreed on the reduction. In fact, Defendant was permitted to adjust certain prices without Plaintiff's permission. In fact, Plaintiff accepted the payments from Defendant and consented to the commissions paid. Plaintiff never argued or disagreed with the price reductions of Defendant on the consigned goods. 15. Denied as a conclusion of law. By way of further response, admitted in part and denied in part. Admitted to the first part that goods were marked with an expiration and automatic markdown, but it is denied that a course of dealing dictated how things were handled. Rather, it was per a contract. Further, denied as to the remainder of the paragraph as Defendant was permitted to sell most, if not all, consigned goods of Plaintiff at a markdown Defendant felt was appropriate and were subject to the terms of the Contract, including an automatic markdown. Denied in part since all goods were subject to an expiration and automatic markdown price under the Contract. Denied as Plaintiff and Defendant entered into the Contract, which set forth, among other things, that a storage fee would be claimed. 16. Admitted in part and denied in part. It is admitted that Defendant both purchased and consigned goods for Plaintiff, but the exact time when goods were purchased is unknown at this time and after reasonable investigation. 17. Denied as stated. It is admitted that accountings were provided, but how often the accountings were provided was not monthly. In addition, the identity of which checks were signed and unsigned is unclear and is therefore denied. 18. Denied. Defendant, through its agents, did not request certain accommodations of Plaintiff as Defendant began charging storage fees to Plaintiff by way of withholding checks and funds. Money was paid to Plaintiff for unexpired goods that sold. It is admitted that Defendant's business was slow beginning in 2007, but it is denied that, in return, Defendant withheld payments due to Plaintiff. It is admitted that checks, which were provided in some cases as an accounting, were provided with a reference to goods sold to third parties and goods purchased by the Defendant. 19. Denied as checks that were requested to be deposited were for direct purchases from Plaintiff. 20. Denied as the checks speak for themselves. By way of further response, due to k Plaintiff failing to remove his expired items, the amount owed to Plaintiff was not representative of the amounts on the checks. In fact, Plaintiff owes money to Defendant. 21. Denied as no representations were made as stated. By way of further response, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averment as it relates to Plaintiff's thoughts in this paragraph and the same are therefore denied and strict proof demanded at trial. 22. Denied as a conclusion of law. By way of further response and after reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. By way of further response, Plaintiff was asked by Defendant to remove his goods, which he failed to do and ignored said requests. 23. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. By way of further response, the documents speak for themself. 24. Denied as a conclusion of law. By way of further response, it is denied that Defendant planned to pay Plaintiff under a proposed new strategy.. 25. Denied that Kraybill represented that she was going to pay money to Plaintiff upon the sale of her house. 26. Denied that Defendant was going to provide a full accounting in May of 2010. 27. Admitted that Kraybill, on behalf of Defendant, contacted Plaintiff upon the advise of counsel and with counsel present to propose a meeting to discuss an accounting. 28. Denied as the letter speaks for itself. 29. Denied as the letter and document speak for themselves. By way of further response, Plaintiff was aware of the Contract and agreed to the terms therein. 30. Denied. Plaintiff was provided with a copy upon execution of the same. Further, it is denied as a conclusion of law. Plaintiff executed the Contract (referred to in the Complaint as the Alleged Contract) knowing that the arrangements set forth therein would be enforced and executed the same agreeing to those terms. 1 31. Admitted. Defendant would provide discounts to Plaintiff. 32. Denied. Many goods were sold at a discounted or reduced price. 33. Denied. Plaintiff was asked on numerous occasions and by various employees of Defendant to remove his goods. When he would arrive, the employees would ask if he was going to remove some of his expired goods. Plaintiff failed to comply. 34. Denied. Plaintiff knowingly and willingly executed the Contract and was aware of the terms therein. 35. Denied. Plaintiff would drop off goods and inform Defendant to do what it wanted with this load. 36. Denied. Plaintiff was aware of the terms of the Contract at all relevant times. 37. Denied. Plaintiff and Defendant operated under the Contract since it was executed and Defendant believed that the Contract was discussed thereafter. 38. Denied as a conclusion of law. By way of further response, it is denied that no consideration was provided as Plaintiff was permitted to have goods sold by Defendant and profit by the same. 39. Denied as a conclusion of law. By way of further response, it is denied that the Contract is not the binding agreement between the parties. 40. Denied. Plaintiff was made aware of the storage fees and executed the Contact agreeing to the same. In addition, Defendant orally notified Plaintiff of the fees. 41. Denied. It is denied that Plaintiff was not aware that such goods had been used to set off storage fees and was provided information regarding the same. Denied as the letter speaks for itself. It is admitted that the letter did not include an accounting. 42. Denied as the letter speaks for itself. 43. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 44. Denied as the letter speaks for itself. 45. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are t therefore denied and strict proof demanded at trial. 46. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 47. Denied as the letter speaks for itself. 48. Denied as to the exact dates and as to the exact meeting agenda. It is admitted that Plaintiff's counsel contacted Defendant's counsel. Defendant's counsel and Plaintiff's counsel would be able to answer this question as Defendant is without actual knowledge or information sufficient to form a belief as to the truth of the averments. 49. Denied. It is denied as Kraybill suffered an injury on June 16, 2010 and does not recall agreeing to such meeting. 50. Denied as Defendant is without information or knowledge as to the exact conversation between prior counsel for Defendant and Plaintiff's counsel. Plaintiff's counsel would have to testify as to the validity of such statement. It is admitted that Kraybill was involved in an accident and she was unable to attend any meetings during that time. 51. Denied as the email speaks for itself. 52. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 53. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 54. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 55. Denied as the document speaks for itself. 56. After reasonable investigation, Defendant is without information or knowledge sufficient to form a belief as to the truth of the averments in this paragraph and the same are therefore denied and strict proof demanded at trial. 57. Admitted. 58. Denied as the documents speak for themselves. 59. Denied as the documents speak for themselves. 60. Denied. It is denied that any of the goods identified by Plaintiff were Plaintiff's goods. Rather, they were alleged to be goods provided by Plaintiff to be consigned. Further, Plaintiff took no photographs as all photographs taken were by counsel for Plaintiff and counsel for Defendant. All goods on the first floor were property of Defendant because they were purchased by Defendant or considered to be property of the Defendant because the goods were expired according to the Contract. 61. Denied as stated. By way of further response, Defendant's counsel notified Plaintiff s counsel that the sale would be postponed because of the threat that Plaintiff would file for an injunction. 62. Denied as the document speaks for itself. By way of further response, the list purports to be goods which Plaintiff believes he consigned but strict proof is demanded at trial. 63. Denied as the document speaks for itself. By way of further response, the list purports to be goods which Plaintiff believes he consigned but strict proof is demanded at trial. 64. Denied as a conclusion of law and denied as the documents (Exhibit "A" to Plaintiff s Complaint) speak for themselves. By way of further response, Defendant and Kraybill were not required to disclose any facts pertaining to the business to Plaintiff therefore, Kraybill never failed to disclose certain information. Defendant denies this allegation based on the fact that Plaintiff alleges no time or date, nor does Plaintiff state what representations were made or were not made. 65. Denied as a conclusion of law. By way of further response, no representations made by Kraybill were false. 66. Denied as a conclusion of law. 67. Denied as a conclusion of law. 68. Denied as a conclusion of law. By way of further response, no monies were used or diverted by Defendant or Kraybill that were due to Plaintiff. In fact, Plaintiff owes money to Defendant for the goods that have not been reclaimed and remain on the property of Defendant. 69. Denied as a conclusion of law. COUNT ONE BREACH OF CONTRACT PLAINTIFF vs. DEFENDANT CONSIGNMENT GALLERY 70. The answers to Paragraphs 1-69 are incorporated herein by reference as if fully set forth. 71. Denied as a conclusion of law. 72. Denied as a conclusion of law. By way of further response, there was no contract that required Defendant to provide the information listed within this paragraph and such information was never requested by Plaintiff. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT TWO MISREPRESENTATION AND FRAUD PLAINTIFF vs. DEFENDANT CONSIGNMENT GALLERY 73. The answers to Paragraphs 1-72 are incorporated herein by reference as if fully set forth. 74. Denied as a conclusion of law. 75. Denied as a conclusion of law. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT THREE BREACH OF FIDUCIARY DUTY PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 76. The answers to Paragraphs 1-75 are incorporated herein by reference as if fully set forth. 77. Denied as a conclusion of law. 78. Denied as a conclusion of law. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT FOUR CONVERSION PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 79. Paragraphs 1-78 are incorporated herein by reference as if fully set forth. 80. Denied as a conclusion of law. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. COUNT FIVE UNJUST ENRICHMENT PLAINTIFF vs DEFENDANT CONSIGNMENT GALLERY 81. The answers to Paragraphs 1-80 are incorporated herein by reference as if fully set forth. 82. Denied as a conclusion of law. WHEREFORE, Defendant demands that this matter is dismissed with prejudice and that Defendant is awarded attorney fees and costs of suit to defend the same. NEW MATTER 83. Paragraphs 1-82 are incorporated herein by reference as if fully set forth below. 84. On or about the date of the Contract, the Plaintiff entered into the Contract with Defendant. 85. The Contract states, among other things, that Plaintiff has "read the above statements and agree[s] to accept the conditions stated therein as applicable to all articles [Plaintiff] leave[s] on consignment for sale by [Defendant]." 86. The Contract, among other things, provides for a commission being paid to Defendant. 87. The Contract also provides for storage fees and that goods would become the property of the Defendant if they were not removed by Plaintiff within the specific time frame as outlined r within the Contract being potentially four (4) months. Such goods, if not removed, were treated as "expired goods" and the property of Defendant, or would be subject to storage fees of $10 per day. 88. At all relevant times, Plaintiff was subject to the terms of the Contract. 89. Under the Contract, Defendant would retain a percentage from the sale of unexpired goods. In certain cases with Plaintiff, Defendant would dispose of the expired goods, or sell the expired goods and retain all of the proceeds to apply towards costs associated with abandoned goods, including, but not limited to trash removal, storage fees, etc. 90. Plaintiff had left certain goods at Defendant's place of business for years. 91. Plaintiff cannot claim that such goods are still owned by Plaintiff if such goods are expired and not reclaimed by Plaintiff within the time frame as set forth within the Contract. 92. Such expired goods would either become the property of Defendant or be subject to a storage fee. 93. If Plaintiff claims that such expired goods were being stored by Defendant, then Plaintiff owes Defendant storage fees in excess of the arbitration limits. 94. If Plaintiff claims no storage fees are owed, then the expired goods are solely owned by Defendant and Plaintiff must return the same to Defendant. 95. Defendant has complied with all terms under the Contract. 96. Plaintiff has taken advantage of the relationship between the parties and would often drop off damaged goods and request that Defendant's employees fix the same without a charge to him. 97. Plaintiff was told on numerous occasions to pick up his expired goods, but failed to do so. Plaintiff continued to drop off new goods to be consigned without the permission or knowledge of the owner of Defendant. 98. Plaintiff has interrupted Defendant's business by making bold allegations that money was owed and certain goods within Defendant's possession are the property of Plaintiff. 99. During Defendant's attempted going out of business sale scheduled in September 2010, Plaintiff threatened to file for injunctive relief immediately before the sale, which forced Defendant to postpone the sale. 100. Defendant has incurred substantial damages as a result of having to postpone the sale, including, but not limited to, advertising costs, salaries, and rent. 101. Defendant lost potential revenue by not being able to sell expired goods at its going out of business sale in November 2010. Such goods were removed by Plaintiff in November 2010 and are believed to be in Plaintiff's possession. The goods are identified on Exhibit "B" hereto. Such goods would have brought in approximately $45,000.00 of additional revenue for Defendant at the sale as the goods were valued at $125,000.00 and Defendant was able to sell approximately 75% of the its goods at a reduced rate of approximately 50%. 102. Plaintiff has attached documents to its Complaint that are perceived as settlement negotiations and, therefore, may not be used as evidence. 103. Plaintiff is prohibited by the parol evidence rule and other laws from arguing that an oral agreement was in place as the four corners of the Contract control all terms and agreements between the parties. 104. Plaintiff's claims are barred by the statute of limitations. 105. At all relevant times, Plaintiff consented and agreed to a reduction in the original price of the goods consigned. 106. At all relevant times, Plaintiff consented and agreed to paying storage fees. 107. In the past and at a prior location, Plaintiff rented space from Defendant in lieu of storage fees. At Defendant's new location on Hanover Street, Plaintiff and Defendant agreed to terms that would provide for storage fees and, therefore, renting space was not necessary. 108. Plaintiff had entered into prior written agreements with Defendant and at no time claimed that those agreements were invalid, unenforceable or changed due to course of dealings. See Exhibit "C." 109. At no relevant time were Plaintiff and Defendant business partners. Plaintiff was a customer of Defendant. 110. Plaintiff used Defendant's staffto perform services for Plaintiff without authorization and without paying for such services by having them do such things as unpack large containers of goods, repair damaged goods, and pick up goods from other locations. Throughout the business relationship of Plaintiff and Defendant, Plaintiff would take advantage of Defendant to the detriment of Defendant and its business. 111. Beginning in 2008, Defendant advised Plaintiff that he was not to drop off any other goods unless approved by Defendant, but Plaintiff refused to listen. Plaintiff would continue to drop off goods thereafter and while Defendant's owner was offsite. Defendant only wanted to purchase certain goods from Plaintiff rather than consign his goods. 112. Defendant notified Plaintiff that money was due based upon storage fees and Plaintiff had failed and continues to refuse to pay said fees. 113. Because of Plaintiff's unauthorized use of retail and warehouse space located at 164 North Hanover Street, Carlisle, Pennsylvania, Defendant has lost revenue in excess of $500,000.00 because Defendant could not obtain additional goods from other vendors or consignors since January 2005. Defendant's business is not to store goods, but to move goods in and out of the showroom to keep customers coming back on a regular basis to see what new items are available. Plaintiff removed this ability and disrupted Defendant's operation by failing to remove certain goods since 2007. 114. Defendant has incurred costs in excess of $5,000 for disposal of packing materials for goods unauthorized to be dropped off by Plaintiff or for Plaintiff's damaged goods that could not be repaired and were left at Defendant's place of business since 2005. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B", and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. COUNTERCLAIM COUNT ONE BREACH OF CONTRACT 115. Paragraphs 1-114 are incorporated herein by reference as if fully set forth. 116. Plaintiff has breached the Contract and is liable to Defendant thereunder. 117. Plaintiff had a duty to perform under the Contract, which Plaintiff failed to uphold causing substantial damages to Plaintiff. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B", and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. COUNT TWO UNJUST ENRICHMENT 118. Paragraphs 1-117 are incorporated herein by reference as if fully set forth. 119. If the Court finds that no contract exists, then Plaintiff has been unjustly enriched by not paying storage fees, by retaining possession of expired goods, and by utilizing staff without permission and for Plaintiff's personal gain. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B", and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. COUNT THREE INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONSHIP AND LOSS OF BUSINESS REVENUE 120. Paragraphs 1-119 are incorporated herein by reference as if fully set forth. 121. Plaintiff's threat of stopping Defendant's going out of business sale in September 2010 has caused Defendant to incur damages. 122. Defendant's inability to sell certain goods that were claimed to be owned by Plaintiff has caused Defendant to lose potential revenue because such goods were not included in the November 2010 going out of business sale. In addition, having all goods available to sell at the November 2010 sale would have provided Defendant with a better selection. 123. As stated above, because of Plaintiff's unauthorized use of retail and warehouse space, Defendant has lost revenue in excess of $500,000.00 because Defendant could not accept new goods to consign, which is essential to Defendant's business. 124. As stated above, Defendant has incurred costs in excess of $5,000 for disposal of packing materials for goods unauthorized to be dropped off or damaged goods. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B", and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. COUNT FOUR TRESPASS TO CHATTELS 125. Paragraphs 1-124 are incorporated herein by reference as if fully set forth. 126. Plaintiff interfered with Defendant's right to possession of the expired goods and other goods throughout the past five years. 127. Plaintiff purposely made a claim on the expired goods knowing that Defendant was having a going out of business sale. 128. Plaintiff caused damages to Defendant by removing goods from the sale, which could have been sold to Defendant's customers for a profit and provided Defendant with more inventory. 129. Plaintiff is in possession of a majority of the expired goods as outlined on Exhibit «B„ WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B", and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. By: Date: 1,10-It MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Exhibit "A" Y The Co vowent Gallery operates under a 60x6-40% margin. This simply means the The Consigrtn ent Gallery sha# retain 40% of the saftV pdoe of ?fie item, and the ramelr ag 60% shall go to the c ormipw AN Items slash be to a thirty day reducOm porky. Each avrtseauaw thirty days, the Item &W be marked down 15% from the original taggedprice. Ms Wl continue for a period of two months, undi the price goes down 30°X. The selling price and the reductions are taken than the markdown pride. For instance, If an item is toed at $100.00, the first markdown shall be 15%, marking the item down to $ 85 00. The second markdown will be 15 %, taken off of the $ 85.00 prime, re"ng the prt a to $ 72.25. There are no itrrtlher markdbwns alter tads reduation. The total durabbn of the c YIs pomtielyfoc r r7ondhs4 The brat month at no reduction, the second 30 days at 15% off and 0* laid th/r1y days at an addkvW 1596 off, theca the item must be picked up within 10 days airier that date. Whatevdr Is not sold shalt be rsdatmed by the client whin ten days of the last day of the coraedr?nmerat c ondad Whstevnr is not picked up wit 1 rn tae tech days shell lmmedtstly become the property of 777e Consignment Gallery, to dtspoase of as seem ftt. Consigned items are provided to The Consignment GMIwy for a maximum of three months. Wing these three months, The ConWVtwx >t G &Iwy has an exclusive right to seN the arcNernentoned items. All prbang and sale negNoftWm of the aforementioned items are to be handled axdus/v+ely by The Consignment Gallery. The Conk, jnment gaft y has ?fie rlgtrt to temhinate said conbarc,t at any ?line, and consignor must retr+elvre items within 10 days of termination, or a storage fee of $10.00 per day per item Is applied. Consignors agree to pay the above mentioned percentages to The Consignmwnt Giallery upon sale of the consigned items. AN display and presentation is to be the responsibility of The Consignment dialler. TWO is no consignor intervention with regards to how the item(s) are displayed and presented. A ohvNhstandYng ar*Wng to the contrary cahtabhed in this corasigra ono con9rg?w and consignor hereby release each other from any and aN IWAty or responsibility (to tae other or anyone c Wming through or matter th81Rh by way d stab?rogatbn or otwaerwise) for any casualty or other loss or daim is or reasonaby could have been covered by insurance by the party to this consignment suffering the loss or claim. Alt moot se:le canw wIN be taken of articles consigned to Trio Consignmwnt Gisllery, but they are left at the consignor's own risk. Payment of the agreed upon percentage for any and all sold item(s) shat/ be mailed the ihlll month of the sale. It Is the respons&M y of the con sVw to pick c4p all &W w rr ?soid wi 10 days afar ?fie expiration date. I have read the above statements and ag" to oondbons stared itaerin as appricabie to aN l on con sale by Tlae Consignment Gallery. o(T Dare or Contact Consowr Exhibit "B" 1. Hand painted "D" shaped commode with oval painted panel in front 2. Large guild mirror 3. Ten (10) piece dining room suit (8 chairs, table, and side board): Trish originally wanted, I believe, took to her house for a while 4. Four (4) drawer Pennsylvania cherry period Chippendale chest with quarter columns 5. Assortment of rugs on the first, second and possibly third floors all which should be on file in the rug book. It would be tough to go through them all, but if we need to do that... At least some on the first floor appeared to be mine. 6. Period tiger maple four (4) drawer chest with unusual inlays on the top post 7. Painted white cast iron full size figure of one of the seasonal women, probably Fall 8. Mahogany period probably English Queen Anne round-top "T" table 9. Large reproduction painting and guild frame garden scene 10. Five (5) piece straight back french-style parlor set that may have been a direct purchase 11. Antique country stand with tiger maple drawer front 12. Large scale Aubusson hand woven rug 13. Two tone oval-shaped shield type hanging mirror 14. Clear etched window mounted in a new frame 15. Heriz rug looks to be around a 9 x 12 16. Three (3) drawer shell carved top drawer, chest of drawers from the new mahogany 17. Large bronze figure of female in gold dress on a marble pedestal 18. Large clear mirror - artdeco style 19. Two (2) large mirrors: one seems to be divided into nine (9) squares and looks to be 5' tall; another one is an elaborate over-mantle mirror Page 1 of 11 1; 20. Walnut, two (2) drawer stretcher based farm table 21. Large painting of a pastel with a house and a white fence 22. Broken arch mahogany mirror with guild eagle on top 23. Black and gold mirror with two (2) guilded winged lions on top 24. Matching pair of straight leg camel back upholstered love seats 25. Jewelry case: 10 turquoise mounted antique prayer boxes 26. Three (3) drawer serpentine front tan colored French style commode 27. Antique stroller with wagon-style wheels 28. Model of the Robert E. Lee paddle boat in a case under glass with a wooden frame under 29. Mixed metal figure of a confederate type soldier beating on a drum 30. Antique (kind of blue and white) satsuma table light 31. Retro table light with curve Lucite and copper ball shade 32. Pair of marble table lights with brass fittings 33. Custom mahogany mirror with carved inset eagle 34. Triple mahogany dresser from the new imports 35. "S" table with porcelain plaques "as-is" 36. Photos of the rug piles and the rug rack which is full of rugs 37. Unusual antique fountain-type piece 38. Brass fire screen with tapestry insert 39. Pink Queen Anne wing chair 40. Bamboo corner chair Page 2 of 11 41. French side chair 42. Few other miscellaneous chairs including ladder back with ball turnings and possibly a french-armed (upholstered) chair in that same photo 43. Grouping of chairs, including brown leather, a William & Mary arm chair, an antique oak arm chair 44. Antique cherry and maple desk 45. Chippendale side chair 46. William & Mary side chair 47. Possible grouping of other chairs 48. Primitive two (2) door wardrobe, Pennsylvania antique and rare-type varnish finish 49. Continental period desk with lid unattached 50. Two (2) drop leaf cherry stands (not sure) 51. Two (2) corner cupboards: one is a 12 light with arched top lights; and second is a narrow corner cupboard with an 8 light top 52. Walnut period Sheraton slant-top desk with four (4) drawers, Pennsylvania period desk 53. Open country display case with is antique which is keyed on the ends 54. Together there is an open kind of regency brown colored server 55. Period English wing chair 56. Mahogany server 57. Arm chair with figural tapestry 58. Large oval guild period over mantle mirror 59. Needle point Chippendale side chair 60. Doughbox on legs Page 3 of 11 'a 61. Glass-top coffee table, I believe that was Hanredon 62. Bowed side artdeco display cabinet 63. Painted folding screen 64. Oriental folding screen (not sure on that one) 65. Period Sheraton chest 66. Continental four (4) drawer chest which is painted 67. Victorian walnut etagera which is a five (5) shelf open stand 68. Carved mahogany mirror, part of the new furniture 69. Two clocks: one is an antique Ithica clock; and the other is a grandmother clock and more contemporary 70. Grandmother clock 71. Ivory and black hall table with mirror on top in French-style, paint decorated 72. Victorian style pier mirror with guild base and marble top 73. Samples of two (2) of the sets of new mahogany chairs which are on top of a custom three (3) part hepple white banquet table 74. Banded dining chairs 75. Bowed cane, french-style recamier 76. Straight-legged dining table 77. Four (4) blue upholstered french-style chairs 78. Large scale carved mahogany lamp table 79. Victorian tilt-top table 80. Set of french-style chairs to be upholstered in what appears to be tan velvet 81. Set of ladder back, country-style chairs Page 4 of 11 y 82. Set of black decorated chairs (I believe those are Trish's) 83. Beveled mahogany mirror with a figural on top, antique and a shell carved at the bottom 84. French-style server (I'm not sure about) 85. White painted mirror with figures 86. Antique guild mirror that is almost like pretzel carving on the outside edge of it 87. Walnut, one-drawer, Pennsylvania country table 88. Set of five or six (5-6) light colored or cane back dining chairs (I can only see one in the photo) 89. Set of black bamboo turned dining chairs 90. New mahogany marble top Victorian style table 91. Burl walnut top conference table 92. Custom inlaid corner cupboard with broken arch top 93. Soft wood, two (2) part, open-top pewter cupboard 94. Green vinyl retro sofa 95. One piece continental cupboard painted white with glass covered door top, turned feet 96. Danish modern, dresser-type cabinet with ratan boxed section on the right 97. Four (4) piece wicker set (not sure) 98. Pennsylvania house cherry chest on chest 99. Custom English Chippendale chest on chest 100. Period continental Bombay slant-type desk 101. Custom cherry slant-lid desk with two-door covered top 102. Carved figure of Babe Ruth Page 5 of 11 103. Mahogany antique lamp table with glass ball feet 104. Two lamps that are on top of the lamp table with glass ball feet 105. Oriental cabinet 106. Onyx insert guild 107. Ceiling fan 108. Reclining figure of a man reading tablet on wooden base (not sure, I'd have to see the tag) 109. Group of 7 pictures heading down the steps and I believe 5 are mine 110. Modern style pole lamp with spun-type shade 111. Carved beveled mirror, kind of a pickled cream finish 112. Black and gold artdeco-type mirror 113. Period mirror with reverse painting of a house 114. Contemporary cat picture of cats on a chair 115. Hanging black and gold candle sconce 116. Two (2) part baker break front with the doors that are unattached 117. Set of four (4) green painted french chairs: originally there were a set of 8 so I'm not sure if the 4 are some where else or what happened to them 118. Primitive ladder back high-chair 119. Unusual metal scroll-work head board 120. Child's red leather television chair 121. Floral wing chair with straight legs 122. Painted white french-style chair with blue floral upholstery 123. William & Mary style chair with cut velvet striped upholstery Page 6 of 11 124. Tall carved arm chair with red and orange flower upholstery 125. Black leather arm chair 126. Bar room windsor and cherry 127. Brass fireplace fender 128. Leather-top, turn leg writing desk 129. Pair of oriental-style chairs in yellow upholstery 130. Bamboo, brass-turned fire screen 131. Onyx lamp 132. Assorted oriental pottery 133. Very tall carved, painted white Victorian gentlemen's chair 134. Carved Victorian brass easel 135. White painted upholstered foot stool 136. Nice banded Sheraton chest of drawers 137. Open teak oriental etagere 138. Painted white french-style chair with tan velvet upholstery 139. Tan lolling chair with a black painted frame 140. Oriental cabinet: 2 drawers over 2 covered doors 141. Baker mahogany dining table with boards 142. Tall mahogany custom canopy bed 143. Small scale leather-top knee hole desk 144. Light colored mahogany butler table 145. Asian oil-type lamp Page 7 of 11 .z 146. Antique brass bucket (not sure) 147. Two (2) drawer walnut hanging shelf 148. Antique two (2) part mirror 149. Two (2) drawer pine wardrobe with drawer on bottom 150. Contemporary Asian tea tins 151. Black table with tin tray top (needs checked) 152. Pennsylvania dry sink base and the covered top is hopefully around somewhere 153. Upholstered square-legged foot stool, entirely upholstered 154. Another pillow top, french-style upholstered stool with light colored striped fabric 155. Metal and glass coffee table: chrome and glass base with glass top (needs checked): the following photo and, in fact is marked with my 1730 so that's probably mine 156. Round top mahogany antique center table 157. Wood and wire bird cage 158. Couple of shaving mirrors 159. Saddlers bench 160. Contemporary glass-top console table on white base 161. Reproduction: country stand in red paint 162. Two (2) spider web mesh outdoor patio furniture which was part of the larger set 163. Lift-top antique bamboo sewing stand 164. Primitive tapered leg country stand 165. Hanging bamboo shelf 166. Round dish-top lamp table with pull-out drink slide Page 8 of 11 w 167. Green metal outdoor chaise lounge 168. White metal bamboo plant holder 169. Pair of mother of pearl inlaid single beds 170. Lion-faced, cast iron outdoor hanging that was part of a group of several others 171. Two part mirror painted black 172. 5' tall rectangular mirror with figural carving 173. Ornate small guild mirror 174. Small display shelf in walnut (hard to read the tag) 175. Carved marble table light 176. Pair of cherry taborets 177. Oriental table light 178. Another table light 179. Painted white tete a tete 180. Inlaid satin wood stand 181. Small cherry Queen Anne table with fold over top 182. Tall Queen Anne pink damask covered wing chair 183. Two (2) English bar room chairs 184. Tall bent arm rocker with cane seat 185. Shaker-style arm chair 186. Contemporary red fabric sofa 187. Hyde-colored trunk 188. Black floral ottoman Page 9 of 11 189. Contemporary black bench with strips of wood 190. Pair of white marble-top lamp tables 191. Period empire sofa with down cushion, striped fabric 192. Banded inlaid dining table or large center table 193. Large kind-of three (3) part etched artdeco mirror 194. Contemporary needle point fire screen 195. Two (2) part comer cupboard with white painted top drawer 196. Period Pennsylvania Chippendale tall case clock 197. Cherry cupboard with diamond mullions 198. Smaller mahogany display cabinet 199. Drop-front period continental desk 200. Wood-framed wing chair by Stickley 201. Two (2) large stain-glass windows 202. Pair of striped arm chairs 203. Unusual white covered love seat 204. Large architectural two (2) part comer cupboard in red paint 205. Antique wicker platform rocker 206. Assortment of rugs 207. Danish modern wall unit 208. 6'-7' high carved guild mirror 209. Victorian tall guild wood pier mirror with figural head on the top 210. Another carved white occasional mirror Page 10 of 11 211. Carved blue upholstered arm chair 212. Long cherry harvest table 213. Bamboo turned planter 214. Unusual modern marble sculpture 215. Fret-carved English foot stool with slate insert 216. Ornate lamp table with brass beaded gallery 217. Remington bronze statue (one of three big ones that I brought in) 218. Ornate majolica jardinere 219. French arm chair with mountain-top back in white upholstery 220. Pair of tall Chippendale chairs (extra high in scale: antique) 221. Black leather arm chair 222. Assortment of lamps 223. Fireplace tools 224. Cane seat and back fainting couch 225. Ornate fainting couch in blue upholstery Page I I of 11 Exhibit" 1?1? C"o 7/ 1M1 . This agreement of lease executed this r?day of October, 2003, between William Aspinall, as sub lessee and Patricia Marbain as sub lessor. Terms and Rent: Sub lessor for and in consideration of the rent, covenants and agreements hereinafter more fully mentioned and reserved, does by these presents lease to the sub lessee a portion of real estate at 860 State Street, containing approximately 3600 square feeet, for a month to month term, at the total rental cost of $1175.00 per month, payable in monthly installments on the first day of each month. Oct nancv: cupanc O o the premesis shall be as of .7 L 003. However, sublessee may begin to occupy the premesis prior to said date by signing this lease agreement, remitting the pro rated first months rent to sub lessor.It is understood that sub lessee shall use the premises for warehouse and storage. Sub lessee shall be responsible, at Sub Lessee's expense , for all utilities which pertain to said space, a well as insurance for sub lessee's inventory in said space. Sub Lessee shall conduct its business in compliance with all Local, State and Federal rules. Terminations This lease shall continue forth under the same terms and conditions, until terminated by either party, giving the other party (60) sixty days notice. Furthermore, failure by Sub Lessee to pay, when due , any installment of rent or additional rent, or utilities or any other sum payable to sub lessor shall result in lease termination by Sub Lessor. Insurance Sub Lessee shall be responsible for insuring it's contents stored in said premises. Sub Lessee agrees to indemnify and save harmless the Sub Lessor from any casuality claim or loss arising by reason of Sub Lessee's use or misuse of the premises or by reason of an accident or damage to any person or property happening on the Premises. Assignment Sub lessee will not assign this lease, nor underlet the Premesis or any part thereof, without written consent from the Sub Lessor. Witness: Witness: Sub Lessee: William Aspi all ra.trlUld lvldrudin Saw U0 w') mkc//) Our policies at The Consignment Gallery are as fellows: -?? The Consignment Gallery operates under 5%av-gin. This simply means the The Consignment Gallery shall retaiw26% of the selling price of the item, and the remaining 74% shall go to the consignor. All items shall be subject to a thirty day reduction policy. Each consecutive thirty days, the item shall be marked down 10% from the original tagged price. This will continue for a period of tte nmenths. Whatever is not sold shall be reclaimed by the client, orwaW nt 44 eigo! ow months at will a total o sax mo (s), Consigned items are provided to The Consignment Gallery for a maximum of low monda. Wiring these two months, The Consignment Gallery has an exclusive right to sell the aforementioned items. All pricing and sale negotiations of the aforementioned items are to be handled exclusively by The Consignment Gallery. Consignors agree to pay the above mentioned percentages to The Consignment Gallery upon sale of the consigned items. If consigned items are priced with a private negotiation settlement, the overage amount goes solely to The Consignment Gallery. All display and presentation is to be the responsibility of The Consignment Gallery. There is no consignor intervention with regards to how the item(s) are displayed and presented to the general public. Notwithstanding anything to the contrary contained in this consignment, consignee and consignor hereby release each other from any and all liability or responsibility (to the other or anyone claiming through or under them by way of subrogation or otherwise) for any casualty or other loss or claim is or reasonably could have been covered by insurance by the party to this consignment suffering the loss or claim. All reasonable care will be taken of articles consigned to The Consignment Gallery, but they are left at the consigfnor's own risk. Payment of the agreed upon percentage for any and all sold item(s) shall be mailed on the thirtieth day of each month. It is the responsibility of the consignor to pick up all articles not sold before the expiration date. I have read the above statements and agree to accept the conditions stated therin as applicable to all articles I leave on consignment for sale by The Consignment Gallery. Patricia Lynn Mar ai Consignor r OUR YEARLY COME TO JESUS MEETING Let's start this off by saying how APPRECIATIVE we are of you, and how much we LIKE you, and how COOL you are, and how GOOD you are at scoring such smokin' loot. This is number one on the list. You are awesome, and we appreciate you TREMENDOUSLY It is just that once again,We just have to attempt to rope in the "gone wild" steer, and try to get him to understand, once again, the way we want to run the corral. 1) Most Hateful Item First .I am going to have to ask you that all Items be removed after 4 months LIKE WE DISCUSSED AT THE BEGINNING OF TIME. Also, they cannot sneakily be taken off the floor and stored in our warehouse for god knows how Iong.They must be removed from these here premises. I know you don't want to hear this, but I really think you need a warehouse of your own, close by, just for consignment stuff. Then if we are at full capacity, and need to wait on receiving some of your really good stuff, then the really good stuff can go to your warehouse, and come back in a couple of days, and everyone is really happy. Yay. 2) Please, Please, Please. Your loot can't be stored in my warehouse, unless the loot is going on the floor within a couple of days. Long term storage for your loot cannot possibly be my warehousing responsibility. I need my space too badly. (Thus, your-own-small- warehouse-close-by idea gets another point in the positive column of the debate ) 3) Now seriously, Drop offs have got to be placed inside the facility. ( and not right in side the door in front of the counter, even if we are all really tired) Please Please Please do not leave loads of loot for us to deal with in the parking lot. As you are well aware, I am way too short staffed, and quite frankly, this is not the employees responsibility or job description. You don't know this, but sometimes we are running in fifth gear all day long with customers / consignors, etc, and get all locked up and ready to go home at the end of the night, and we walk out the back door only to be confronted with a parking lot loaded down with Bill Stuff. This is not a pleasant thing for us at the end of a grueling day.Then, we curse and carry on and get frustrated. Furthermore, employees help because they are so I! r extremely good natured and willing to help, but I am not comfortable with this, as the employer who pays all of the payroll taxes, insurance, work comp and uc benefits. One of those nasty claims against me, and we are ALL out of business. fast. (Remember Sharon? Ya think ya know somebody, then Lies Lies Lies. Throws ya for a loop. ) I have to watch my hide from here on out. You have got to be able to understand that, and realize that it is reasonable. 4) If items are getting too far marked down, the responsibility to remove them from the store has got to be yours. You have to keep a closer tab of your costs, the marked down price, etc. If the item is on the floor, we are going to sell it under our rules that everyone else abides by, and that our customers are aware of( and love) 10% off each month, then if it is out of contract, CLEARANCE!. Clearance sales WILL NOT BE PAID TO CONSIGNOR ANYMORE (Visualize a picture of Uncle Sam Pointing at You, yelling "This Means You!"). CLEARANCE SALES WILL GO TO THE HOUSE, AS IS FOR EVERYONE ELSE. 5) We cannot take reconsignments for items that did not sell first time around for at least a year after they have been picked up. 6) We the right to refuse any items we don't want to be in the store. If there is a question about an item, please ask us before it comes, before we are forced to say no. 7) Our employees cannot be pulled away from customers, or what ever they were doing before you showed up. They are also cannot be your muscle help anymore. If you need help lifting and carrying your items on and off your truck, you are going to have to be responsible to bring your own muscle help, that you pay for, and cover under workers comp yourself from now on. We are too short staffed, and there really are way too many risks for me with regards to workers comp, etc. when the staff is not hired for lifting and moving. We have been really lucky, but I am not comfortable r I I., with this as it is now, and haven't been for a long time. We had this discussion when Mary Pat was doing too much lifting and carrying, and was upset by it, but somehow this never got resolved. If it is slow, and if someone is willing to help ONCE IN A WHILE, that is okay by me, but constantly is too much. Especially if we have customers. It cannot benefit either of us in any way if employees are not paying attention to customers, That is just a really bad move for all involved. 8) 1 think that items from Costea's are a risky move to have here. We would rather not have items from Costea's Auction here on our floor. Too much flack from customers, etc. 9) 1 think that this relationship is beneficial on both ends, but if I am going to offer you a reduced consignment rate, there can't be a bunch more work associated with it than with regular consignors. That is just a bad business decision on my part. 10) It might be a good idea if we have 2 or 3 SPECIFIED times that you drop off with us during the week. Constant Random drops are difficult for us because all staff feels like they are expected to drop whatever they are doing and attend to the drop off. If we have specified times during the week when we know you are coming, then we can all be better prepared 11) Every year, we are growing, and selling more, and getting better at what we do. This has turned into big business now, and as much as we would like to stay the same, and keep status quo, we are forced to make changes. As you have noticed though, change has been good for all of us. Over 8 years, I am certain thst your tax return as well as mine has grown considerably, and I plan to keep on getting better, selling more and making more and more goddamn money. We have a good thing going here, I just need to tweak it a little again. 12) 1 know you are tired, and I am tired too, but this is a good thing. I have been damn successful, and you have been a big part of that, and I appreciate that. I just need you to appreciate us, and respect what our r' . e r thoughts and opinions are. I expect you to respect how I choose to run my business as well. 1 think you do, and therefore you will see that I am really not asking too much of you with regards to these necessary changes. Thanks for making a tiny bit more effort. Trust me, all involved will be happier and this will result in a freshness and an improved working environment for everyone. 13) With regards to the "your own warehouse off site" idea, we could keep a list of what is there at the store, and possibly go over and pick stuff up as we need it too. There is a storage place called Storage Depot on 7th street in Lemoyne. Close by. Easy Access. Good for all. Peace. Harmony. Happiness. No War. 14) If you feel like killing me right now, that's OK. I can deal with it. Go hit a punching bag with my face on it or something. I promise,This too will pass. P.S. If you feel like it, You could buy some coffee and cokes once in a while too, you know.And maybe some mugs. and maybe some wine. (for our nerves and stuff) A a VERIFICATION The foregoing Amended Answer is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. The Cons*nment J lery, Inc. Patricia M. Kraybill, President CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing First Amended Answer with New Matter and Counterclaim was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 MARTSON LAW OFFICES L-)?'? ? V? By: M Price Ten Ea t High Street Carlisle, PA 17013 (717) 243-3341 Dated: / J/ // ,? tl ??.? X13 f ??a ,; ?k® t ?NNSY Luther E. Milspaw, Jr., Esquire Attorney ID No. 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email: Luthermi]SDaw(Q,milSnawlawfirm.com WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., : Defendant Civil Action - Law NOTICE TO PLEAD To: THE CONSIGNMENT GALLERY, INC. c/o Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or a default judgment may be entered against you. esLtftfu, EVV U't LUT L SP A r. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: February 22, 2011 WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., : Defendant Civil Action - Law PLAINTIFF'S REPLY WITH NEW MATTER TO DEFENDANT'S FIRST AMENDED ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIMS AND NOW, comes Plaintiff, WILLIAM ASPINALL, by and through his attorney, Luther E. Milspaw, Jr, Esquire, and Replies with New Matter to Defendant's New Matter and Counterclaims, as follows: 83. Denied. The averments in paragraphs 1-82 of Defendant's Answer as incorporated in paragraph require no response. To the extent any of the factual averments in Paragraphs 1-82 of Defendant's Answer are contrary to the factual averments set forth in Plaintiff's Complaint, said factual averments are denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of said averments. To the extent that said averments constitute conclusions of law, they are denied. 84. Denied. At no time did the document attached to Defendant's pleading as Exhibit "A", being the same document attached to Plaintiff's Complaint as Exhibit "C", constitute the agreement of the parties, all for the reasons set forth in the Complaint. 85. Denied as the document speaks for itself and for the reasons set forth above. 86. Denied as the document speaks for itself and for the reasons set forth above. 2 87. Denied as the document speaks for itself and for the reasons set forth above. In further answer, the averments of this Paragraph constitute conclusions of law to which no response is required. 88. Denied as a conclusion of law. 89. Denied as the document speaks for itself. In further denial, Defendant has never provided to Plaintiff an accounting of what goods are deemed to be expired, which of said goods were subsequently sold, or the manner in which the proceeds of such sale were applied by Defendant, whether to costs associated with alleged abandoned goods or otherwise. 90. Admitted. In further answer, no goods were ever left for any period of time at Defendant's place of business without the consent of Defendant. 91. Denied as a conclusion of law. 92. Denied as a conclusion of law. Further, the averment is denied for the reasons set forth in Plaintiff's Complaint. 93. Denied as a conclusion of law. Further, the averment is denied for the reasons set forth in Plaintiff's Complaint. In further denial, Plaintiff has never claimed that any such goods were either expired or were being stored by Defendant at Plaintiff's costs. 94. Denied as a conclusion of law. Further, the averment is denied for the reasons set forth in Plaintiff's Complaint. In further denial, at no time has Plaintiff claimed that any of the goods left by Defendant were "expired goods" nor that they are solely owned by Defendant. 3 95. Denied as a conclusion of law. 96. Denied. At no time did Plaintiff "take advantage of the relationship between the parties" nor would he drop off damaged goods without full agreement from Defendant's employees regarding who would fix any damaged goods or at what cost. 97. Denied. At no time did Plaintiff fail to pick up goods when reasonably requested to do so; nor did he ever drop off new goods without the consent and knowledge of Defendant. As late as the Spring of 2010, Defendant requested additional goods be procured for consignment to Defendant. 98. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment that any of Plaintiff's assertions have interrupted Defendant's business. 99. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. Although Plaintiff's counsel indicated to Defendant's counsel that there were grounds for Plaintiff to file for injunctive relief, no such motion was filed. The reasons Defendant postponed the sale are unknown to Plaintiff. 100. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 101. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. In further denial, all goods removed by Plaintiff in November 2010 were with the full consent of 4 Defendant as reflected in a written stipulation of the parties which was subsequently entered as an Order of Court on November 3, 2010. 102. Denied as a conclusion of law. 103. Denied as a conclusion of law. 104. Denied as a conclusion of law. 105. Denied as stated. There were times during the relationship of the parties when Defendant requested and Plaintiff consented to a reduction in the original price of the goods consigned, but said request and consent were intermittent. In further answer, there were times when Defendant requested and Plaintiff consented to an increase in the original price of the goods consigned. 106. Denied as a conclusion of law. In further denial, Plaintiff never agreed to pay storage fees. 107. Admitted in part/denied in part. It is admitted that the document set forth as pages 2 and 3 of Exhibit "A" constituted a sublease agreement which Plaintiff rented space from Defendant at Defendant's location in Lemoyne. The balance of Paragraph 107 is denied for the reasons set forth in Plaintiff's Complaint and above. 108. Denied for the reasons set forth in Plaintiff's Complaint and as set forth above. 109. Admitted in part/denied in part. It is admitted that Plaintiff and Defendant were not business partners. It is also admitted that at times, Plaintiff was a customer of Defendant. The principle relationship between the parties was Plaintiff as consignor and Defendant as consignee. 5 110. Denied. At no time did Defendant's staff perform services for Plaintiff without the express consent of Defendant and Defendant's principal. In further denial, at no time did Plaintiff take advantage of Defendant to the detriment of Defendant and its business. To the contrary, as set forth with particularity in the Complaint, Plaintiff, at Defendant's request, held in approximately of $200,000 worth of checks solely for the purpose of helping Defendant get through some difficult economic times in business. 111. Denied. At no time were goods delivered by Plaintiff to Defendant without the approval by Defendant's employees, including Defendant's owner. At all times, Defendant accepted such goods and continued to make requests of Plaintiff to obtain and deliver additional goods for consignment. 112. Admitted. It is admitted that Plaintiff for the first time at the end of May 2010 was notified that Plaintiff allegedly owed Defendant money based upon storage fees. It is further admitted that Plaintiff has failed and continues to refuse to pay such fees, all for the reasons as set forth above and in the Complaint. 113. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. In further denial, the averments of this paragraph constitute conclusions of law to which no response is required. 114. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. In further denial, the averments of this paragraph constitute conclusions of law to which no response is required. 6 WHEREFORE, Plaintiff demands that the New Matter of Defendant be stricken and Defendant's claims dismissed, and judgment entered in favor of Plaintiff and against Defendant consistent with the demand for relief made by Plaintiff in its Complaint, and such other relief as this Court deems just. COUNTERCLAIM COUNT ONE BREACH OF CONTRACT 115. No response required. 116. Denied as a conclusion of law. 117. Denied as a conclusion of law. WHEREFORE, Plaintiff demands that the Counterclaim of Defendant be stricken and Defendant's claims dismissed, and judgment entered in favor of Plaintiff and against Defendant consistent with the demand for relief made by Plaintiff in its Complaint, and such other relief as this Court deems just. COUNT TWO UNJUST ENRICHMENT 118. No response required. 119. Denied as a conclusion of law. WHEREFORE, Plaintiff demands that the Counterclaim of Defendant be stricken and Defendant's claims dismissed, and judgment entered in favor of Plaintiff and against Defendant 7 consistent with the demand for relief made by Plaintiff in its Complaint, and such other relief as this Court deems just. COUNT THREE INTENTIONAL INTERFERENCE WITH BUSINESS RELATIONSHIP AND LOSS OF BUSINESS REVENUE 120. No response required. 121. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 122. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 123. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 124. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. WHEREFORE, Plaintiff demands that the Counterclaim of Defendant be stricken and Defendant's claims dismissed, and judgment entered in favor of Plaintiff and against Defendant consistent with the demand for relief made by Plaintiff in its Complaint, and such other relief as this Court deems just. 8 COUNT FOUR TRESPASS TO CHATTELS 125. No response required. 126. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 127. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. In further answer, none of the goods which Plaintiff took into his possession were "expired goods" nor was Plaintiff's claim for any reason associated with Defendant having a "going out of business" sale. 128. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment. 129. Denied as stated. Plaintiff is in possession of the majority of the goods outlined on Exhibit "B", but it is denied that said goods are "expired goods". WHEREFORE, Plaintiff demands that the Counterclaim of Defendant be stricken and Defendant's claims dismissed, and judgment entered in favor of Plaintiff and against Defendant consistent with the demand for relief made by Plaintiff in its Complaint, and such other relief as this Court deems just. NEW MATTER 130. The responses contained in Paragraphs 1 through 129 of the foregoing Reply to Defendant's New Matter and Counterclaims are incorporated herein by reference thereto. 9 130. Defendant's Counterclaims fail to state a claim upon which relief can be granted. 131. Defendant's Counterclaims are barred by the statute of limitations. 132. Defendant's Counterclaims are barred by its failure to mitigate damages, which it had a duty to do. 133. Defendant's Counterclaims are barred by the Doctrine of Laches. 134. Defendant's Counterclaims are barred by the Doctrine of Acquiescence. 135. Defendant's Counterclaims are barred by waiver. 136. Defendant's Counterclaims are barred by the Doctrine of Estoppel. 137. Defendant's Counterclaims are barred by the Doctrine of Unclean Hands. 138. Defendant's Counterclaims are barred by the Doctrine of Truth and Waiver. 139. Defendant's Counterclaims are barred because it has sustained and will sustain no cognizable harm or damages. 140. Defendant's Counterclaims are barred by its inequitable and tortious conduct and that of its principal and owner, Patricia Kraybill. 141. Defendant's Counterclaims are barred by its fraudulent and illegal conduct and that of its principal and owner, Patricia Kraybill. 142. There is no contractual relationship between Plaintiff and Defendant to support Defendant's Counterclaims. 143. Defendant's Counterclaims are barred by a failure of consideration. 144. Defendant's Counterclaims are barred by the statute of frauds. 145. The Plaintiff did not breach any term or condition of any contract relating to the relationship of the parties. 10 146. Any acts or omissions to act of Plaintiff were not substantial causes or factors or factual causes of the alleged contract breach and/or did not result in the loss alleged by Defendant. 147. The incidents and/or damages described in Defendant's Counterclaims were the result of the acts and/or omissions of Defendant or its agents including its principal and owner, Patricia Kraybill and/or other persons and/or entities over whom Plaintiff exercised no control. 148. The acts or omissions of other individuals and/or entities may have constituted intervening or superseding causes of the damages and/or injuries alleged to have been sustained by Defendant. Furthermore, Plaintiff had no control over such acts and/or omissions and such acts and/or omissions were not due to or caused by any act of Plaintiff or breach of any duty by Plaintiff. 149. The damages allegedly sustained by the Defendant, if true, were not caused by Plaintiff. 150. All obligations of Plaintiff pursuant to the relationship of the parties were performed by Plaintiff consistent with the course of dealing established between the parties. 151. At all times relevant and material hereto, Plaintiff acted and performed all obligations reasonably, properly, and prudently. 152. The first page of Defendant's Exhibit "A" is the same document attached to Plaintiff's Complaint as Exhibit "A". It is denied that it is the agreement in force between the parties for the reasons set forth in Plaintiff's Complaint. 11 153. The second and third pages of Defendant's Exhibit "A" are a sublease for space leased to Plaintiff from Defendant for a portion of her leased premises in Lemoyne, Pennsylvania. Said sublease agreement governed the relationship of the parties as to the subleased area for the period defined by the agreement, but is not relevant to the present dispute. 154. The fourth page of Defendant's Exhibit "A" is an undated agreement with several handwritten additions and inter-delineations that were not part of the original document it was signed. It is denied that said document constitutes any agreement between the parties for the period in dispute. 155. Pages 5 through 8 of Defendant's Exhibit "A", appear to constitute an undated letter titled "Our Yearly Come to Jesus Meeting" which was never presented to Plaintiff, either in writing or orally, by Defendant or by anyone on Defendant's behalf at any time and represents a document not heretofore seen by Plaintiff. All averments set forth in the letter are denied. 156. Plaintiff is not aware of any other contract allegedly dated in 2001, and the terms and conditions of that alleged contract cannot be admitted or denied until said document is produced. 157. Defendant never indicated to Plaintiff that the negotiable checks delivered to Plaintiff were provided only as an accounting. Rather, the checks were provided as payment for Plaintiff's portion of the sales price of consigned goods that were sold by Defendant. 12 158. On any occasion when Plaintiff was asked by Defendant to remove goods, the request was discussed with representatives of Defendant and goods were removed to the satisfaction of Defendant. 159. Defendant has never provided an accounting of any sort to Plaintiff that indicates whether Defendant's position is that the goods consigned by Plaintiff to Defendant: (a) were purchased by Defendant; (b) are the property of Defendant because the consignment period had expired and the goods were abandoned by Plaintiff; or (c) are still the property of Plaintiff for which a storage fee may be applied by Defendant. WHEREFORE, Plaintiff demands that the New Matter and Counterclaim of Defendant be stricken and Defendant's claims dismissed, and judgment entered in favor of Plaintiff and against Defendant consistent with the demand for relief made by Plaintiff in its Complaint, and such other relief as this Court deems just. Respectfully LUTHER E. MILSPAW, ?r Attorney ID No. 19226 Dated: February 22, 2011 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff 13 VERIFICATION I, WILLIAM ASPINALL, hereby verify that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. William Aspinall Dated: February 21, 2011 Y WILLIAM ASPINALL, Plaintiff VS. THE CONSIGNMENT GALLERY, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2010-5529 Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Plaintiff's Reply to New Matter and Counterclaim upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 22" day of February 2011, addressed as follows: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, PA 17013 R spectfully 'tted, UTHER E. MILSPAW, Jr. Attorney ID No. 19226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff F TI LEST) ients\14020 Kraybi II\14020.1 ans. 5529. response 18 1* Christopher E. Rice, Esquire L ,ri1 F Attorney I.D. No. 90916 F ak 4` V j %7, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM ASPINALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant : CIVIL ACTION - LAW DEFENDANT'S RESPONSE TO PLAINTIFF'S REPLY WITH NEW MATTER TO DEFENDANT'S FIRST AMENDED ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIMS. AND NOW, comes the Defendant, The Consignment Gallery, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and responds to Plaintiff's Reply with New Matter as follows: 130. The responses contained in Paragraphs 1 through 129 of Defendant's First Amended Answer to Complaint with New Matter and Counterclaims are incorporated herein by reference. 130. [sic] Denied as conclusions of law. 131. Denied as a conclusion of law. 132. Denied as a conclusion of law. 133. Denied as a conclusion of law. 134. Denied as a conclusion of law. 135. Denied as a conclusion of law. 136. Denied as a conclusion of law. 137. Denied as a conclusion of law. 138. Denied as a conclusion of law. 139. Denied as a conclusion of law. 140. Denied as a conclusion of law. 141. Denied as a conclusion of law. 142. Denied as a conclusion of law. Denied as the Contract attached as Exhibit "A" to Plaintiff's New Matter and Counterclaim set forth a contractual relationship. 143. Denied as a conclusion of law. 144. Denied as a conclusion of law. 145. Denied as a conclusion of law. 146. Denied as a conclusion of law. 147. Denied as a conclusion of law. 148. Denied as a conclusion of law. 149. Denied. Plaintiff caused the damages sustained by Defendant as set forth in its New Matter and Counterclaim. 150. Denied as a conclusion of law. By way of further response, Plaintiff did not perform under the contractual relationship between the parties and Defendant denies that there was ever a course of dealing established between the parties that overrode the Contract. 151. Denied as a conclusion of law. By way of further response, it is denied that Plaintiff acted and performed all obligations under the Contract. 152. Admitted as to the first part. It is denied that this agreement was not in full force and effect at all relevant times. 153. Denied as the document speaks for itself. 154. Denied as the document speaks for itself. 155. Denied as the document speaks for itself. 156. It is denied that Plaintiff is not aware of the Contract dated in 2001. 157. Denied as to the first part as Defendant notified Plaintiff that certain checks were provided for accounting purposes. It is further denied that the checks were provided as payment for portions of sales consigned by Plaintiff and sold by Defendant. 158. Denied as Plaintiff failed to remove some goods for years after being asked by Defendant and its representatives to remove the same. 159. Denied that an accounting was never provided to Plaintiff as Defendant provided the same. By way of further response, Plaintiff never requested any accounting from the Defendant. WHEREFORE, Defendant demands that the expired goods as listed on Exhibit "B", and any other goods later claimed by Plaintiff to be his, should be deemed the property of Defendant and returned to Defendant, or an amount be awarded to Defendant equal to that of the value of the goods, or in the alternative, that Defendant is awarded storage fees for the expired goods. In both cases, Defendant requests damages in excess of the arbitration limits related to loss of revenue, postponing the going out of business sale, and interference, and costs of suit, interest, and any other relief this Court deems just. MARTSON LAW OFFICES /7 1,7 B y: Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 Date: (717) 243-3341 VERIFICATION The foregoing Response is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. 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 are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. The Consi ent Ga ry, Inc. B• Patricia . Kraybill, President CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Response was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Luther E. Milspaw, Jr., Esquire 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 MARTSON LAW OFFICES By: M Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Docket No. 2010-5529 i/ THE CONSIGNMENT GALLERY, INC., Defendant Civil Action - Law WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSY!,VA,4IAt- c C= vs. GD = Docket No. 2010-6553 �= = -am THE CONSIGNMENT GALLERY, INC., Defendant In Replevin aQ p ry CDC-) ORDER `-n y .. AND NOW, this IC, day of Agde#' , 2013,upon stipulation of Plaintiff, WILLIAM ASPINALL, by and through his attorney, Luther E. Milspaw, Jr., Esquire, and Defendant, THE CONSIGNMENT GALLERY, INC., by and through its attorney, Christopher E. Rice, Esquire, it is ORDERED AND DECREED that the Order of November 3, 2010, entered by the Honorable Kevin A. Hess of this court in the above two cases, is vacated; the Seizure of Goods directed by the Order is dissolved, and the Plaintiff shall retain all the goods identified in the Order free and clear of any and all claims, liens or encumbrances by the Defendant. BY THE COURT: Kevin . Hess, Judge Distribution: /Luther E. Milspaw, Jr., Esquire V/Christopher E. Rice, Esquire / l /9� WILLIAM ASPINALL, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., Defendant Civil Action - Law PRAECIPE TO DISCONTINUE CIVIL ACTION WITH PREJUDICE TO THE PROTHONOTARY: Please discontinue the above captioned civil action, with prejudice. v3 C s =m ter= Xm ::orn <> to C37 spPRI itted x C) 3 c= T� '' LUTPAW, Jr.Atto 9226 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Plaintiff Dated: March 14, 2013 WILLIAM ASPINALL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2010-5529 THE CONSIGNMENT GALLERY, INC., : Defendant Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Praecipe to Discontinue with Prejudice upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 14`h day of March 2013, addressed as follows: Christopher E. Rice, Esquire Martson Deardorff Williams Otto Gilroy& Faller Ten East High Street Carlisle, PA 17013 Respect lly submitted, T L. SWARTZ, Paralegal La Office of Luther E. Milspaw, Jr. State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141