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Home My WebLink About05-2410TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA nn // Vvl DOCKET NO: OS - ??//d of l-I??JL CIVIL ACTION - LAW NOTICE TO DEFEND 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN ATTONEY. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFOMRAITON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 4rn FLOOR CARLISLE, PA. 17013 #717-240-6200 TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: OS - yio (2iv C CIVIL ACTION - LAW COMPLAINT AND NOW, this ' Z day of 2005, comes the Plaintiff, Tex Visions, LLC, by and through its undersigned attorn ys, McShane & Hitchings, LLC, and Joseph L. Hitchings, Esquire and avers in sup ort of its complaint against Defendant, Iowa Rotocast Plastics, Inc., as follows: 1. Plaintiff, Tex Visions, LLC, is a limited liability company organized and existing under the Laws of the Commonwealth of Pennsylvania with a principal place of business located at 453 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Iowa Rotocast Plastics, Inc. is believed to be an Iowa corporation which is doing business and engaging in commerce within the Commonwealth of Pennsylvania with a principal address of 1712 Moellers Drive, Decorah, Iowa 52101. 3. Plaintiff is in the business of producing and selling custom printed textile products. 4. On December 7, 2004, and December 8, 2004, Defendant placed Purchase Order. Nos. 11482456 and 11482457 with the Plaintiff for the production of a total of one thousand two hundred (1200) textile banners for Defendant's client, Anheuser- Busch, Inc. True and correct copies of the Purchase Orders are attached hereto, incorporated herein by reference and marked respectively as Exhibits "A" and "B". 5. The December 7, 2004 Purchase ordered contains a handwritten note indicating that the Defendants were paying a deposit of seven thousand nine hundred eighty dollars ($7,980.00). 6. The order placed by the Defendant consisted of six hundred (600) banners of one image, and six hundred (600) banners of another image. The Defendant supplied all the artwork for the images. 7. The Defendant was provided with and approved the quality of the screen- printed sample material previously furnished to them by the Plaintiff: 8. T.J. Haas, the Product Development Coordinator for the Defendant approved the PDF proofs of both images; the order confirmation and the unprinted finishing sample before shipment. 9. On January 26, 27, 28, 2005, the Plaintiff delivered one thousand two hundred and sixteen (1,216) banners to the Defendant. 10. The banners delivered to the Defendant were free from defects in both materials and workmanship, and passed both the Plaintiff's high quality control standards as well as the quality standards of the screen printing industry. 11. Defendant accepted shipment of twelve hundred and sixteen (1216) banners but has refused to pay the balance owing to Plaintiff on the alleged grounds that Defendant's client, Anheuser- Busch, Inc., rejected the banners. 12. Plaintiff has no contractual relationship with Anheuser- Busch, Inc. 13. The Defendant paid Plaintiff a deposit in the amount of seven thousand, nine hundred eighty dollars and zero cents ($7,980.00). The balance owing for the production of the banners is eleven thousand eight hundred ninety-one dollars and twelve cents ($11,891.12) which is due and owing from the Defendant. 14. The banners in question were custom ordered and designed, and as such, they are not reusable by the Plaintiff, nor are they of any value to the Plaintiff. 15. Defendant is in breach of contract as it has accepted shipment of the banners ordered from the Plaintiff which were produced according to their artwork, specifications, and approval, yet have refused to pay for the balance due. 16. The banners remain in the Defendant's possession and control. WHEREFORE, Plaintiff, Tex Visions, LLC, respectfully demands judgment in its favor and against the Defendant, Iowa Rotocast Plastics, Inc. in an amount less then thirty-five thousand dollars ($35,000.00), including interest, attorney's fees, and costs, which will subject this claim to compulsory arbitration. Respectfully submitted, McShane & Hitchings, LLC i /Xr2oseph L. itchings, Esquire Supreme Court I.D. No 65551 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 717-657-3900 Attorneys for Plaintiff VERIFICATION 1, Alan Wonder, Sales Manager Tex Visions, LLC, verify that the statements made in this Complaint 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. § 4904 relating to unsworn falsification to authorities. n TDt 41 ??i Alan Wonder, Sal s Manager Tex Visions, LLC U f) ca p-. c (oz? os- ayly STATE OF IOWA WINNESHIEK COUNTY ) ( SS. C ' ?? AFFIDAVIT OF SERVICE I, Chief Deputy Greg Torgrim being duly sworn on oath, state, that on the 17th day of MaV 2005 , at 11:14 A.M.. R•, I served the attached Notice to Defend upon Iowa Rotocast Plastics, Inc. therein named, personally, in the Township of Decorah; Winneshiek County, State of Iowa, by handing to and leaving with Jackie Bulman, secretary a true and correct copy thereof. WINNESH =KO SHERIFF LEON BOHR FEES: Service: $15.00 Mileage: 1.00 TOTAL: 16.00 DEPUTY SH RIFF eg Torgrim WINNESHIEK COUNTY SHERIFF'S DEPT. Subscribed and sworn to before me by the said Deputy Sheriff Greg Torgrim this 17th day of May 2005 NOTARY PUBLIC IN AND FOR THE STATE-OF _ IOWA. F. •• 13ECIGY Cprmiseion NumA. CF t i I ,¢` ber 14£'J25 My Commission Expi MY?'jWX SX< :.J ?, ? yl { ?. ` _. CaptionF \FILES\DATAFILC\General\Curt,nt\I1639.1.appear\mvn Crcaz d: 9/20/04 0.06PM Revised: 6/2/05 I0 42AM 11639.1 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant IEX VISIONS, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IOWA ROTOCAST PLASTICS, INC., Defendant. NO. 05-2410 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. Defendant hereby demands a twelve juror jury trial in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO By / Geor B. Fat r, Jr., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: June 2, 2005 CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, 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: Joseph L. Hitchings, Esquire MCSHANE & HITCHINGS, LLC 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 MARTSON DEARDORFF WILLL4,MS & OTTO Melissa A. Mowery Ten East High Street Carlisle, PA 17013 Dated: June 2, 2005 (717) 243-3341 .0 CVtioM WILE"ATARLE\Grn ral\Curteut\I1639.1 preli bjl\ a C, a.d'. 9/20/04 0?06PM Remed 6/3/05249PM 11639.1 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TEX VISIONS, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IOWA ROTOCAST PLASTICS, INC., Defendant. NO. 05-2410 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You are hereby notified to plead in response to the following preliminary objections within twenty (20) days after service hereof or a judgment maybe entered against you. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO BY 4 Iler, r., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: June 3, 2005 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TEX VISIONS, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IOWA ROTOCAST PLASTICS, INC., Defendant. NO. 05-2410 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Iowa Rotocast Plastics, Inc., by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby submits Preliminary Objections to Plaintiff's Complaint as follows: The Plaintiff's Complaint alleges that the Defendant, an Iowa corporation, is indebted to the Plaintiff, a Pennsylvania limited liability company. 2. The Plaintiff's Complaint alleges that the Defendant "is doing business and engaging in commerce within the Commonwealth of Pennsylvania." See Paragraph 2 ofPlaintiff s Complaint. 3. The Plaintiffs Complaint fails to allege any facts which would indicate that the Defendant does business or has any minimum contacts with Pennsylvania, sufficient to establish jurisdiction within the Cumberland County Court of Common Pleas. 4. The Plaintiffs Complaint fails to allege any facts which would indicate that venue is proper in the Cumberland County Court of Common Pleas. WHEREFORE, Defendant requests that this Court dismiss Plaintiff's Complaint with prejudice for lack of jurisdiction over the Defendant and lack of proper venue in Cumberland County. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 4981Y Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: June 3, 2005 CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Complaint were served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire McSHANE & HITCHINGS, LLC 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 MARTSON DEARDORFF WILLMMS & OTTO ByC_ (X C1 L 11?)C? Melissa A Mowery - Ten East High Street J Carlisle, PA 17013 (717) 243-3341 Dated: June 3, 2005 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TEX VISIONS, LLC, V. Plaintiff IOWA ROTOCAST PLASTICS, INC., Defendant. COMES NOW this day of Objections are hereby granted; and Plaintiff's Complaint is hereby dismissed with prejudice. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2410 CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER 2005, Defendant's Preliminary J. cf- cq pw ' f l {_... "f1 , .yl _ -5 Ln TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: dS-.2,4J/b CIVIL ACTION - LAW NOTICE TO DEFEND 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING AN ATTONEY. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORRAITON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 4TH FLOOR CARLISLE, PA. 17013 #717-240-6200 TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 05-2410 CIVIL ACTION - LAW AMENDED COMPLAINT AND NOW, this 26th day of July, 2005, comes the Plaintiff, Tex Visions, LLC, by and through its undersigned attorneys, McShane & Hitchings, LLC, and Joseph L. Hitchings, Esquire and avers in support of its Amended Complaint against Defendant, Iowa Rotocast Plastics, Inc., as follows: 1. Plaintiff, Tex Visions, LLC, is a limited liability company organized and existing under the Laws of the Commonwealth of Pennsylvania with a principal place of business located at 453 Lincoln Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Iowa Rotocast Plastics, Inc. is believed to be an Iowa corporation which is doing business and engaging in commerce within the Commonwealth of Pennsylvania with a principal address of 1712 Moellers Drive, Decorah, Iowa 5210 1. 3. Plaintiff is in the business of producing and selling; custom printed textile products. 4. On December 7, 2004, and December 8, 2004, Defendant placed Purchase Order. Nos. 11482456 and 11482457 with the Plaintiff for the production of a total of one thousand two hundred (1200) textile banners for Defendant's client, Anheuser- Busch, Inc. True and correct copies of the Purchase Orders are attached hereto, incorporated herein by reference and marked respectively as Exhibits "A" and "B". 5. The December 7, 2004 Purchase ordered contains a handwritten note indicating that the Defendants were paying a deposit of seven thousand nine hundred eighty dollars ($7,980.00). 6. The order placed by the Defendant consisted of six hundred (600) banners of one image, and six hundred (600) banners of another image. The Defendant supplied all the artwork for the images. 7. The Defendant was provided with and approved the quality of the screen- printed sample material previously furnished to them by the Plaintiff. 8. T.J. Haas, the Product Development Coordinator for the Defendant approved the PDF proofs of both images; the order confirmation and the unprinted finishing sample before shipment. 9. On January 26, 27, 28, 2005, the Plaintiff delivered one thousand two hundred and sixteen (1,216) banners to the Defendant. 10. The banners delivered to the Defendant were free from defects in both materials and workmanship, and passed both the Plaintiff s high quality control standards as well as the quality standards of the screen printing industry. 11. Defendant accepted shipment of twelve hundred and sixteen (1216) banners but has refused to pay the balance owing to Plaintiff on the alleged grounds that Defendant's client, Anheuser- Busch, Inc., rejected the banners. 12. Plaintiff has no contractual relationship with Anheuser- Busch, Inc. 13. The Defendant paid Plaintiff a deposit in the amount of seven thousand, nine hundred eighty dollars and zero cents ($7,980.00). The balance owing for the production of the banners is eleven thousand eight hundred ninety-one dollars and twelve cents ($11,891.12) which is due and owing from the Defendant. 14. The banners in question were custom ordered and designed, and as such, they are not reusable by the Plaintiff, nor are they of any value to the Plaintiff. 15. Defendant is in breach of contract as it has accepted shipment of the banners ordered from the Plaintiff which were produced according to their artwork, specifications, and approval, yet have refused to pay for the balance due. 16. The banners remain in the Defendant's possession and control. 17. It is believed and therefore averred that Defendant has sufficient minimum contacts with the Commonwealth of Pennsylvania to subject it to jurisdiction in this matter. Those minimum contacts, include but are not limited to the following: A. Defendant advertises its services in Pennsylvania, including in trade publications which are read by Pennsylvania businesses and individuals; B. Defendant has a sales account executive, namely Chad Wilkins, assigned to Pennsylvania; C. Defendant services customer accounts here in Pennsylvania; D. Defendant purchases products from Pennsylvania businesses and sells directly to Pennsylvania customers; and E. As set forth in paragraph 18 below, the averments of which are incorporated here by reference, all contact and communication with the Plaintiff in this matter was through the Plaintiff's Carlisle Pennsylvania office. 18. It is believed and therefore averred that venue is proper in the Court of Common Pleas of Cumberland County, Pennsylvania, based on the following facts: A. Plaintiff has a principal place of business located in Carlisle, Cumberland County; B. Defendant submitted their Purchase Orders by fax (717-249-4209) to Plaintiff's Carlisle office; C. Defendant sent emails to Plaintiff at the Carlisle office; D. Defendant sent and received phone calls to and from Plaintiffs Carlisle office; E. Defendant sent their pre-payment to Plaintiff s Carlisle office and it was deposited at Commerce Bank in Carlisle; F. Plaintiff issued its invoice from the Carlisle office; G. The delivery terms on the quotes stated "ex. works Carlisle, PA"; H. A sample print was sent by the Plaintiff to the Defendant from its Carlisle office on October 1, 2004; and L An unprinted fabric sample was sent by Plaintiff to the Defendant from its Carlisle office on November 23, 2004. WHEREFORE, Plaintiff, Tex Visions, LLC, respectfully demands judgment in its favor and against the Defendant, Iowa Rotocast Plastics, Inc. in an amount less then thirty-five thousand dollars ($35,000.00), including interest, attorney's fees, and costs, which will subject this claim to compulsory arbitration. Respectfully submitted, McShane & Hitchings, LLC oseph L.. Hi aings,squire Supreme Court I.D. No 65551 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 717-657-3900 Attorneys for Plaintiff VERIFICATION I, Alan Wonder, Sales Manager for Tex Visions, LLC, verify that the statements made in this Amended Complaint 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. § 4904 relating to unworn falsification to authorities. / ds ate Alan Wonder, Sales Manager Tex Visions, LLC TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION - LAW CERTIFICATE OF SERVICE 1, Joseph L. Hitchings of The Law Office McShane & Hatchings, LLC, Attorney for the Plaintiff, Tex Visions, LLC, do hereby certify that I served a true and correct copy of the attached Amended Complaint to Defendant pursuant to Pa. R.C.P. 237.1, by United States Mail, First Class, postage prepaid upon the counsel listed below: George B. Faller, Jr., Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Respectfully Submitted, MCSHANE & HITCHINGS, LLC Date: _ p Joseph LL. Hitchings, Esquire Attorney for Plaintiffs Supreme Court ID# 65551 4811 Jonestown Road Suite 125 Harrisburg, Pennsylvania 17109 Telephone: (717) 657-3900 Fax: (717)657-2060 n.r ti ..,? -fi . -1 _ r -r. _)?? _.. Il (.,7 CaptionF TILES\DATAPILE\Generel\Cunent\11639.1-agrl\mam Created. 9120104 0'.06PM Revised. 9/23/05 11 OAM 11639.1 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TEX VISIONS, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IOWA ROTOCAST PLASTICS, INC., Defendant. NO. 05-2410 CIVIL ACTION - LAW JURY TRIAL DEMANDED AGREEMENT PURSUANT TO Pa. R.C.P. 237.2 TO EXTEND TIME TO PLEAD FOLLOWING TEN-DAY NOTICE It is agreed that Defendant is granted an extension of time through October 10, 2005, in which to file an Answer to Plaintiff s Amended Complaint. After the above date, a judgment of non pros or by default, as may be appropriate, may be entered upon praecipe without further notice. McSHANE & HITCHINGS, LLC 2. A Joseph L. Hi ' hmgs, Esquir 4K1 I Jonestown Road Suite 125 Harrisburg, PA 17109 Attorneys for Plaintiff Dated: y? . n S MARWON DEARDORFF WILLIAMS & OTTO George B. Fallei, Jr., Est I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: 1 D C? CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Agreement Pursuant to Pa. R.C.P. 237.2 to Extend Time to Plead Following Ten-Day Notice was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire McSHANE & HITCHINGS, LLC 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 MARTSON DEARDORFF WILLIAMS & OTTO By: I. ('?.rna ?' , e f Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 5, 2005 ?....a C) c-? c. --i [? ,L -n ?) [{l ?cz -?-? _?.. i1r1 ? ?[i -?j `? . ) - ' ?_ ? ?a _ . -- _t ?e +? V \ CaphonF.\FILE/S\DATAFILE\GeneraKuiT W11639.1 nnslmam Created: 9/20/04 0:06PM Revs d 10/7/05 2 23PM 11639 1 George B. Faller, Jr., Esquire I.D. No. 49813 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TEX VISIONS, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IOWA ROTOCAST PLASTICS, INC., Defendant. NO. 05-2410 CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: TEX VISIONS, LLC, Plaintiff, and their attorney, JOSEPH L. HITCHINGS, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW comes the Defendant, Iowa Rotocast Plastics, Inc., by and through their counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiff's Complaint as follows: After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. 2. Admitted. 3. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. 4.-9. Admitted. 10.-11. Denied. To the contrary, the banners delivered to the Defendant were of such material, workmanship and quality that the banners have no value to the Defendant. 12. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. 13. It is admitted that the Defendant paid the Plaintiff a deposit in the amount of $7,980.00. Said deposit was accepted and received by the Plaintiff, however, Defendant has not received anything of value in exchange for payment of that deposit. It is further denied that there is any balance due and owing. 14. After reasonable investigation, the Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of these averments. 15. Denied. To the contrary, Answering Defendant has not breached its contract. To the contrary, Plaintiff has breached the contract by failing to provide goods of an acceptable quality. It is admitted that the banners which were ordered were produced according to artwork and specifications supplied by the Defendant. The final product, however, was not of an acceptable quality and, therefore, the Defendant has properly refused to pay for the balance which Plaintiff alleges is due. 16. It is admitted that the banners remain in the Defendant's possession and control. Defendant will, however, gladly return the banners. 17.-18. The averments of these paragraphs constitute a conclusion of law to which no response is required. To the extent a response may be deemed required, these averments are denied. WHEREFORE, Defendant Iowa Rotocast Plastics, Inc., demands judgment in its favor and dismissal of Plaintiff s Complaint with prejudice. NEW MATTER 19. The averments of paragraphs 1 through 18 of this Answer are hereby incorporated by reference. 20. Defendant's claim isbarredbythedoctrine offailure ofconsideration since Plaintiff's supplied non-conforming and inferior goods. 21. All actions on the part of the Defendant in failing to pay the balance of the invoice was done with legal justification since the goods which were supplied were non-conforming and of an inferior quality. WHEREFORE, Defendant Iowa Rotocast Plastics, Inc., demands judgment in its favor and dismissal of Plaintiff's Complaint with prejudice. Respectfully submitted, MARTS¢N DEARDORFF WILLIAMS & OTTO By: George B. Fal r., Esquire I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 7, 2005 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joseph L. Hitchings, Esquire McSHANE & HITCHINGS, LLC 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 MARTSON DEARDORFF WILLIAMS & OTTO Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 7. 2005 r; ^; a S J 4- ?l s1l ) min U CVn)nF:\FILES\UATAFILE\GeneraPCuRent\116391. pral'm M Created 91211104 006FM Revked 10/11'05 1013AM 11639 1 George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant TEX VISIONS, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2410 CIVIL ACTION - LAW IOWA ROTOCAST PLASTICS, INC., Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please make the attached Verification part of Defendant's Answer with New Matter to Plaintiff's Complaint which was filed on October 7, 2005. MARTSON DEARDORFF WILLIAMS & OTTO Dated: 'I Q I T5 ? C 5 By George B. Faller, Jr., squir I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, 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: Joseph L. Hitchings, Esquire McSHANE & HITCHINGS, LLC 4811 Jonestown Road Suite 125 Harrisburg, PA 17109 MARTSON DEARDORFF WILLIAMS & OTTO Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717)243-3341 Dated: 10 1 Q 5 ? G`? 09/20/2005 14;12 7172421007 MDWO PAGE 14/14 ?II VERIFICATION 11 l? N S of Iowa Rotocast Plastics, Inc., acknowledge I have the authority to execute this Verification on behalf of Iowa Rotocast Plastics, Inc. and certify the foregoing Answer is based upon infonnation which has been gathered by my counsel in the preparation ofthe lawsuit. The language of this Answer is that of counsel and not my own. l have, read the document and to the extent the Answer 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 the content of the Answer 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. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I maybe subject to criminal penalties. Iowa Rotocast Plastics, Inc., c,uu.es?owrwm?nc???<renc?m?n?icas. i.?. ? p.,,i a "' ??, TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, :PENNSYLVANIA : DOCKET NO: 05-2410 : CIVIL ACTION -LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this lot' day of 2006, comes the Plaintiff, Tex Visions, LLC, by and through its undersigned attorneys, McShane and Hitchings, LLC, and Joseph L. Hitchings, Esquire, and replies to Defendants New Matter as follows: 19. The averments of Paragraphs 1 through 18 of Plaintiff's Complaint are incorporated by reference as if the same of them were fully set forth at length herein. 20. The averments of Paragraph 20 constitute conclusions of law to which no responsive pleading is required. To the extent that the averments are deemed factual in nature, it is specifically denied that Plaintiff supplied non-conforming and inferior goods. 21. The averments of Paragraph 21 constitute conclusions of law to which no responsive pleading is required. To the extent that the averments are deemed factual in nature, it is specifically denied that the Defendant had legal justification for failing to pay the balance of the invoices. WHEREFORE, Plaintiff, Tex Vision, LLC, respectfully requests that this Honorable Court enter judgment in its favor and against the Defendant. Respectfully submitted, bane and Hatchings, LLC se h L. Hitchings, squire Attorney ID No.: 65551 4811 Jonestown Road, Suite 125 Harrisburg, PA 17109 (717) 657-3900 Attorney for Plaintiff VERIFICATION I, Alan Wonder, Sales Manager for Tex Visions, LLC, verify that the statements made in this Reply to New Matter 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. § 4904 relating to unsworn falsification to authorities. kL? Alan Wonder, Sales Manager TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, :PENNSYLVANIA : DOCKET NO: 05-2410 : CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of Pa. R.A.P. 121: Via First Class Postage Paid Mail: George B. Faller, Jr., Esquire, Ten East High Street Carlisle, PA 17013 Dated: 'd is /o d J ph L. Hitchings, sq ttomey ID No.: 65551 4811 Jonestown Road, Suite 125 Harrisburg, PA 17109 (717) 657-3900 Attorney for Plaintiff U-1 fj - TEX VISION, LLC, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IOWA ROTOCAST PLASTICS, INC. NO. 2410 20I5_ Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: counsel for the plaintiff/defendant in the above action or actions}, respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $- ; , g1 .. ?-Fl -ice _ V@ S t . The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: jeseph Htehings-, Esquire, Goorgo 8 a11P ,Tr 'Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, 200, in consideration of the foregoing Esq., and Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY ? ? #? ? c a ? `o ? ? ? ?' ? s TEX VISION, LLC, Plaintiff V. IOWA ROTOCAST PLASTICS, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO._2 41 0 20Q5__ RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JMGES OF SAID COURT: counsel for the plaintiff/defendant in the above action or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 1 1 891 .12 plus-- iRte-rest. The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: 4eseph L Htehings,-Esquire, _ Georg- B. Fa L i o,- Jr-_,, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, petition, Esq., and captioned action (or y , 200 -7 , in consideration of the foregoing Esq., and sq., are appointed arbitrators in the above 2A01 as prayed for. ,r By th Court, A EDGAR B. BAYLEY' Cy i` f, C40i 3? 44 46 TEX VISIONS, LLC, Plaintiff, V. IOWA ROTOCAST PLASTICS, INC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-2410 CIVIL TERM : CIVIL ACTION -LAW TO: CUMBERLAND COUNTY PROTHONOTARY PRAECIPE TO DISCONTINUE SETTLE AND WITHDRAW Please mark the above captioned action discontinued, settled, and withdrawn with prejudice. Respectfully submitted, MCSHANE & HITCHINGS, LLC a 2 th& JJ eph L. itc quire Attorney ID No.: 65551 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Telephone: (717) 657-3900 Attorney for Plaintiff Dated: February 'q , 2008 To: Office of the Prothonotary Attorney George Faller y ;? . TEX VISIONS, LLC, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 05-2410 CIVIL TERM IOWA ROTOCAST PLASTICS, CIVIL ACTION -LAW INC, Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of Pennsylvania Civil Procedure. Service Via First Class Mail as Follows: George B. Faller, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Respectfully submitted, MCSHANE & HITCHINGS LLC 0- ? 0 --" oseph L. itchin quire Attorney ID No.: 65 4807 Jonestown Road, Suite 148 Harrisburg, PA 17109 Telephone: (717) 657-3900 Attorney for Plaintiff Dated: February 'q , 2008 t ? ? C? s'? ? °n i,. ?.... - ? ? [ t ? ?t Z 4 ' ?! ..?. ? ? i? J Yy 1 f.., ? ? ? -? l is F. ? ?Y ? } V