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HomeMy WebLinkAbout05-5537SAUL EWING LIP Paige Macdonald-Matthes, Esquire William W. Warren, Jr., Esquire Pa. Attorney I.D. Nos. 66266 & 23716 Penn National Insurance Plaza 2 North Second Street, 7`h Floor Attorneys for Plaintiff Whitaker Center For Science and The Arts Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (facsimile) WHITAKER CENTER FOR SCIENCE AND THE ARTS IN THE COURT OF COMMON PLEAS Plaintiff, V. WILLIAM F. HUGHES, JR. and KATHLEEN R. HUGHES, Individually and t/d/b/a KATHIE'S CHRISTMAS AND COLLECTIBLES Defendant. CUMBERLAND COUNTY, PENNSYLVANIA NO. OS- -537 (!v `"? CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the forgoing pages, you must take action within twenty (20) clays 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderso de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia esrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objections a las demandas en su contra. Se le avisa que si no se defiende, el caso puede porceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaeion por cualquier dinero reclamado en la demanda o per cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIERDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone No. (717) 249-3166 -2- SA UL EWING LIP Paige Macdonald-Matthes, Esquire William W. Warren, Jr., Esquire Pa. Attorney I.D. Nos. 66266 & 23716 Penn National Insurance Plaza 2 North Second Street, 7m Floor Harrisburg, PA 17101 (717) 238-7675 (717) 257-7583 (facsimile) WHITAKER CENTER FOR SCIENCE AND THE ARTS, Attorneys for Plaintiff Whitaker Center For Science and The Arts IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. o y. S`5"5.7 c C? tF' l e V. WILLIAM F. HUGHES, JR. and KATHLEEN R. HUGHES, Individually and t/d/b/a KATHIE'S CHRISTMAS AND COLLECTIBLES Defendants. COMPLAINT CIVIL ACTION-LAW JURY TRIAL DEMANDED AND NOW, comes Plaintiff, Whitaker Center for Science and the Arts by and through its counsel, Saul Eiving LIP, and files its Complaint against Defendants, William F. Hughes, Jr. and Kathleen R. Hughes, individually and t/d/b/a Kathie's Christmas and Collectibles and in support thereof, avers as follows: Parties 1. Plaintiff, Whitaker Center for Science and the Arts (hereinafter "Whitaker Center") is a Pennsylvania non-profit corporation with offices located at 225 Market Street, Harrisburg, Dauphin County, Pennsylvania 17101. -3- 2. Defendants, William F. Hughes, Jr. and Kathleen R. Hughes (hereinafter collectively "Hughes" or "Defendants") are husband and wife who, upon information and belief, reside at 69 Fairview Drive, Camp Hill, Cumberland County, Pennsylvania. Defendants are the registered fictitious owners of Kathie's Christmas and Collectibles (hereinafter "Kathie's Christmas"), a Pennsylvania business with offices located at 3309 Hartsdale Drive, Camp Hill, Cumberland County, Pennsylvania 17011. Backeround 4. On or about March 24, 2003, Whitaker Center entered into an agreement with Cow Parade Holdings Corporation, Inc. (hereinafter "Cow Parade Agreement") whereby Whitaker Center became the parent organization of CowParade Harrisburg 2004. A true and correct copy of the Cow Parade Agreement is attached hereto as Exhibit "A" 5. On May 29, 2004, Whitaker Center, in its capacity as the parent organization of CowParade Harrisburg 2004, entered into a Sponsorship Agreement (hereinafter "Sponsorship Agreement") with Hughes pursuant to which Kathie's Christmas would be recognized as a "Supporting" level sponsor for Cow Parade Harrisburg 2004's Gala/Live Auction ("Event") held on June 26, 2004. A true and correct copy of the Sponsorship Agreement is attached hereto and is marked as Exhibit "B". 6. Pursuant to the terms of the Sponsorship Agreement, Hughes agreed to provide the funds necessary to produce for sale, no less than four thousand (4,000) miniature ceramic "Joe Pa" cows through Cow Parade Holdings Corporation of West Hartford, Connecticut. -4- Based on reasonable information and belief, Hughes actually determined to authorize the production of 10,000 ceramic "Joe Pa" cows. 8. Whitaker Center provided tangible and intangible benefits in return for Hughes' sponsorship in a variety of ways, including, inter alia, signage, banners, and printed recognition at the Event and in related Cow Parade Harrisburg 2004 materials, including the auction book. In addition, Whitaker Center acknowledged Hughes' sponsorship in the Graze- ate, the official newsletter of CowParade Harrisburg 2004 and provided Hughes with appropriate designated Event Sponsor seating. COUNT I- BREACH OF CONTRACT The averments set forth in paragraphs 1 through 8 are incorporated herein by reference as if more fully set forth at length. 10. Pursuant to the terms of the Sponsorship Agreement, Whitaker Center was to receive fifty percent (50%) of the net revenue received from the sale of each "Joe Pa" cow sold by Kathie's Christmas. The sharing of net revenue was to commence with the initial sales, and was not dependent or conditioned upon any other event. 11. In addition to selling the resin "Joe Pa" cows at the Kathie's Christmas store location in Camp Hill, Pennsylvania, Hughes also marketed the "Joe Pa" cow on the Internet at ShopCowParade.com and GoCollect.com. In their marketing/sale efforts, Defendants advertised that "A portion of the proceeds [from the sale of the `Joe Pa' cow) will benefit Harrisburg's Whitaker Center for Sciences and the Arts" True and correct copies of the advertisements from GoCollect.com and Shop Cow Parade.com are attached hereto and collectively marked as Exhibit "C". -5- 12. As of the date of the filing of this Complaint, Hughes has sold 5,000 "Joe Pa" cows. The net revenue from the sale of the "Joe Pa" cows is $83,000, of which Whitaker Center is entitled to receive $41,500, pursuant to the terms of the Sponsorship Agreement. 13. Despite Whitaker Center's repeated and numerous requests that Hughes honor their commitment under the Sponsorship Agreement and turn over fifty percent (50%) of the net revenue received from the sale of each of the 5,000 "Joe Pa" cows sold to date, Hughes has failed and have otherwise refused to honor their contractual obligations under the Sponsorship Agreement. 14. In addition to their obligation to provide Whitaker Center with fifty percent (50%) of the net revenue received from the sale of the 5,000 "Joe Pa" cows, Hughes have a continuing contractual obligation under the Sponsorship Agreement to provide Whitaker Center with fifty (50%) percent of the net proceeds from the sale of the remaining 5,000 "Joe Pa" COWS. 15. As a direct and proximate result of Hughes' breach of the Sponsorship Agreement Whitaker Center has suffered financial losses for which Hughes and Kathie's Christmas are jointly and severally liable. WHEREFORE, Plaintiff, Whitaker Center for Science and the Arts, respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in an amount in excess of the jurisdictional arbitration threshold of twenty-five thousand dollars ($25,000), plus interest, and costs, together with all such other relief as is proper and just. -6- COUNT II- FRAUDULENT MISREPRESENTATION 16. The averments set forth in paragraphs I through 15 are incorporated herein as if more fully set forth at length. 17. It is believed and therefore averred that Hughes never had any intention of honoring their financial commit to Whitaker Center pursuant to the terms of the Sponsorship Agreement, as evidenced by the fact that Hughes has already sold 5,000 "Joe Pa" cows and has failed to provide any of the net revenue received from those sales to Whitaker Center. 18. Whitaker Center reasonably relied on Hughes' representation that they would honor their financial commitment to Whitaker Center pursuant to the terns of the Sponsorship Agreement based on the fact that Hughes had previously demonstrated their demonstrated support of CowParade Harrisburg 2004 by being a Choice level sponsor (HB 015 "Christmoos Cow" by Simon Bull); by their arranging for the British artist, Simon Bull to paint two 92 Cows during his short stay in Harrisburg in October, 2003; and by holding a series of events at Kathie's Christmas during Simon Bull's stay. 19. Hughes knew or should have known that Whitaker Center was relying on their past demonstrated financial support when they entered into the Sponsorship Agreement with Hughes. 20. As a direct and proximate result of Hughes' fraudulent misrepresentation, Whitaker Center has now, and will continue in the future, suffer financial losses, including the -7- losses associated with the net revenue from the remaining 5,000 "Joe Pa" cows, for which the Defendants are jointly and severally liable. WHEREFORE, Plaintiff, Whitaker Center for Science and the Arts, respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in an amount in excess of the jurisdictional arbitration threshold of twenty-five thousand dollars ($25,000), plus interest, attorney's fees and costs, together with all such other relief as is proper and just. COUNT III- REQUEST FOR DECLARATORY JUDGMENT 21. The averments set forth in paragraphs I through 20 are incorporated herein by reference as if more fully set forth at length. 22. As a result of the fraudulent misrepresentation by Hughes, Whitaker Center agreed to enter into the Sponsorship Agreement with Hughes. 23. Hughes has marketed and continue to market the "Joe Pa" resin cows on the Internet at the following websites: ShopCowParade.com and GoCollect.com. In their marketing/sale efforts, Hughes has used the Sponsorship Agreement to their own financial advantage by advertising to the general public that "A portion of the proceeds [from the sale of the `Joe Pa' cow] will benefit Harrisburg's Whitaker Center for Sciences and the Arts." True and correct copies of the advertisements from GoCollect.com and ShopCow Parade.com are attached hereto and collectively marked as Exhibit "C". S- 24. Hughes did not seek permission to use Whitaker Center's name in their advertisements nor did Whitaker Center offer that its name could be used in Hughes' advertising campaign for the "Joe Pa" cow. 25. Despite the fact that Hughes has failed and continue to refuse to honor their financial commitments to Whitaker Center under the Sponsorship Agreement, Hughes refuses to discontinue marketing the "Joe Pa" cow on the Internet using the designation or otherwise advertising that A portion of the proceeds [from the sale of the `Joe Pa' cow] will benefit Harrisburg's Whitaker Center for Science and the Arts," despite being specifically requested by Whitaker Center to cease and desist using Whitaker Center's name in its advertising. 26. Whitaker Center is concerned that Hughes' Internet sales of the "Joe Pa" Cows causes a likelihood of confusion or misunderstanding as to the sponsorship of the "Joe Pa" cow and consequently is a violation of Section 201-1(4)(ii) of the Unfair Trade Practice and Consumer Protection Law, 73 P.S. §201-2 et seq. 27. Whitaker Center is concerned that Hughes' Internet sales of the "Joe Pa" Cows causes a likelihood of confusion or misunderstanding as to the association between Whitaker Center and consequently is a violation of Section 201-1(4)(ii) of the Unfair Trade Practice and Consumer Protection Law, 73 P.S. §201-2 et seq. 28. Whitaker Center is concerned that Hughes' Internet sales of the "Joe Pa" Cows with the intent not to share a portion of the proceeds from the sale of the same with Whitaker Center violates Section 201-1(4)(ix) of the Unfair Trade Practice and Consumer Protection Law, 73 P.S. §201-2 et seq. -9- 29. Whitaker Center does not want its name included in Hughes' advertisements for the "Joe Pa" cow if it is not receiving a portion of the proceeds from the sale, as stated in the advertisement. WHEREFORE, Plaintiff, Whitaker Center for Science and the Arts, respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, declaring that Defendants conduct violates Sections 201-(4)(ii), (iii) and (ix) of the Unfair Trade Practice and Consumer Protection Law, 73 P.S. §201-2 et seq., issue an Order directing Defendants to cease and desist using Plaintiff's name in regard to any of its sales, and further award Plaintiff all such other relief as is proper and just. COUNT IV- IN THE ALTERNATIVE, UNJUST ENRICHMENT 30. The averments set forth in paragraphs 1 through 29 are incorporated herein by reference as if more fully set forth at length. 31. Upon information and belief, Hughes has engaged in the sale and marketing of the "Joe Pa" cow by using Whitaker Center's name and alleged sponsorship endorsement. 32. As a direct and proximate result of Hughes' business practices, Whitaker Center has not only been deprived of the net revenues from the sales of the 5,000 "Joe Pa" cows sold to date, but Whitaker Center will also be deprived of its share of the net revenues from the sales of the remaining 5,000 "Joe Pa" cows. -10- 33. Whitaker Center further conferred a benefit on Hughes by holding them out as philanthropists and reputable business owners in the Central Pennsylvania business community which Hughes has in turn used to derive financial gain. 34. Hughes accepted and retained benefits conferred on them by Whitaker Center under circumstances in which it would be inequitable for Hughes to retain them without the return of the portion of the net revenue received from the sale and future sales of the "Joe Pa" cows to Whitaker Center. WHEREFORE, Plaintiff, Whitaker Center for Science and the Arts, respectfully requests that this Honorable Court enter judgment in its favor and against Defendants, jointly and severally, in an amount in excess of the jurisdictional arbitration threshold of twenty-five thousand dollars ($25,000), plus interest, and costs, together with all such other relief as is proper and just. Respectfully submitted, SAUL EWING LLP Paige Macdonald-Matthes, Esquire William W. Warren, Jr., Esquire Saul Ewing LLP Attorney I.D. Nos. 66266 & 23716 2 North Second Street, 7"' Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Plaintiff Date: October 25, 2005 -11- Received 10/24/2005 02:30PM in 04:22 on line (121 for 4023 ` Pg 16/16 Oct 24 OS 02:36p p.16 VURIFICATION 1, Byron G. Quann, President and CEO of Whitaker Center for Science and The Arts, being subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities, hereby state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. Whitaker Center for Science and The Arts By: 4wnn Byron .. Q President and CEO Date: October) 2005 12- ?i A Received 10/24/2005 02:30PM in 04:22 on tine [121 for 4023 * Pg 2/16 p.2 Oct 24 05 02:32p COWPARADE PENNSYLVANIA EVENT-LICENSE AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this 28`' day of March, 3003, (the "Effective Date") by and between CowParade HOLDINGS COFTORATION, a Delaware corporation having its principal place of business at 433 South Main Street, Suite 111, West Hartford, Connecticut 06110, United States of America (hereinafter called °CowParade"), and the Whitaker Center For Science and Arts, a Pennsylvania non-profit corporation and federally tax exempt charitable organization, having its principal place of business at 222 Market Street, Harrisburg, Pennsylvania (hereinafter called "WCFSA"). RECITALS L CowParade is the exclusive, worldwide owner of the three (3) sculpted cow shapes set forth in Exhibit A, which are used as three-dimensional canvases for artists and for which the copyrights have been registered with the United States Copyright Office (the "Cow Shapes"). 2. CovvParade is the registered holder in the United States, United Kingdom, and elsewhere of the "Cows on Parade" and "CowParade" trademarks and trade names. 3. CowParade is experienced in the development, organization, and presentation of public art events known as "CowParade" or "Cows on Parade" which consist of the exhibition, sale, merchandising, and auctioning of life-sized, fiberglass models of the Cow Shapes painted by artists. 4. WCFSA has requested CowParade to authorize the staging of a single CowParade event in Harrisburg, Pennsylvania, which shall include the creation and exhibiting of Finished Cows, (as defined below) the sale, placement and relocation of Cow Shapes and the sale of related and derivative products and items, with the intent that a portion of the proceeds will benefit WCFSA, and WCFSA has agreed to finance and organize such event (the "Event"), 5. WCFSA has experience in event management and has the personnel, governmental relationships and other resources necessary for the successful staging of the Event. 6. CowParade will provide to WCFSA proprietary information and directions, including printed materials, regarding the organization of the Event, sponsor packages and sponsor solicitation procedures, artist solicitations and artistry, logistical requirements, and the live auctions for the sale of the Cows. Received 10/24/2005 02:30PM in 04:22 on line [121 for 4023 * Pg 3/16 Oct 24 05 02:32p P•3 7. The Event is scheduled to open and conclude in Harrisburg, Pennsylvania in 2004. WHEREAS, the Parties have agreed on terms pursuant to which WCFSA will (i) license front CowParade the Cow Shapes and the right to use certain names, trademarks (including "CowParade" and "CowParade Harrisburg" ), logos and other proprietary materials owned by CowParade (coilectively the "CowParade Marks") for the Event and in the Territory (as defined below) and (ii) purchase from CowParade and/or its vendors life sized Cow Sculptures (as defined below) and other property related to the Event, and the Parties wish to set forth such terms in this Agreement. NOW, THEREFORC, for and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby forever acknowledged, the parties hereto agree as follows: 1. Term. The term of this Agreement (the "Term") shall commence on the date hereof and shall terminate by end 2004, unless earlier terminated pursuant to the terms of this Agreement or extended by mutual consent of the parties. Certain rights hereunder may extend beyond the termination date as specified herein. 2. Territory. The Territory for the exploitation of the Event and other rights granted in this Agreement shall be and include the areas of Adams, Berks, Cumberland, Dauphin, Franklin, Lancaster, Lebanon, Perry, Schuylkill, and York counties, Pennsylvania. 3. Rights Licensed. (a) Limited License to Cow Shapes. CowParade hereby'icenses the Cow Shapes to WCFSA: (i) for the Event; and (it) in three-dimensional, life size forms (the "Cow Sculptures"), provided that the Cow Sculptures are purchased from CowParade or its authorized manufacturer; (b) Limited License to CowParade Marks. CowParade hereby licenses to WCFSA the CowParade Marks listed in Exhibit B during the Term, provided all such uses of the CowParade Marks and derivatives thereof are submitted for approval in writing to and approved by CowParade The uses identified in Exhibit B-1 attached hereto are pre-approved by CowParade. Cow Parade hereby licenses to WCFSA during the term hereof the images of the painted Cow Scutpnu-cs produced in the Event (the "Finished Cows") and as set forth in Paragraph 7(d). Received 10/24/2005 02:30PM in 04:22 on line 1121 for 4023 Pg 4116 Oct 24 05 02:33p p'4 (c) Event Rights. CowParade hereby licenses to WCFSA the right to stage the Event in the Territory and to receive all of the revenue derived there from, except as expressly provided herein. s (d) The CowParade marks, the Cow Sculptures, and the Cow Images (hereinafter defined) and the Cow Photographs (hereinafter defined) are collectively the "Cow Propeny". 4. Event Rights and License Fees. As the sole and exclusive compensation for all rights and terms hereunder, WCFSA shall: (a) Event Fee. Pay to CowParade a non-refundable, event rights fee (the "Rights Fee") in the amount of twenty-five thousand dollars (U.S.D $25,000) upon execution of this Agreement. This Rights Fee shall be refunded only in the event of a breach of this Agreement by CowParade. (b) Cow License Fees. WCFSA shall pay to CowParade seven hundred fifty dollars (U.S.D. $750.00) as a license fee for every Sponsored Cow, as hereinafter defined, which fee is due and payable within fifteen (15) days after the Cow Sponsorship is sold. (c) Auction and Cow Sale Revenue. WCFSA shall sell at auction or other manner each Sale Cow, as hereinafter defined, during the Term and shall pay to CowParade ten percent (10%) of the gross proceeds of each cow sold within fifteen (15) days of the date of sale or auction WCFSA shall make available to CowParade the following information regarding the sale of each cow within ten (10) days of the agreement to sell it, its actual sale, or auction, which ever occurs earlier: (i) Cow Name; (ii) Sale Price; (iii) Identity, address, and telephone number ofthe purchaser; (iv) Type of sale (auction or private sale); 5. Sale or Manufacture of Cow Sculptures. (a) Sale of Cow Sculptures. CowParade shall make available to WCFSA upon receipt of a purchase order, the Cow Sculptures, at cost provided to CowParade by its licensed manufacturer(s). "Cost" shall mean the actual charges for same to CowParade for these cows, including costs of delivery, net of all rebates, refunds, credits, discounts and similar items. (b) Quality of Sale Cows. The Sale Cows shall be manufactured of high quality, flame retardant fiberglass resins and shall be in good and merchantable condition at the Received 10/24/2005 02:30PM in 04:22 on tine (121 for 4023 * Pg 5/16 Oct 24 05 02:33P P.5 time of shipment, and otherwise in accordance with the specifications set forth in Exhibit "C" attached hereto. Duties, Responsibilities, Covenants and Warranties of CowParade. CowParade hereby covenants and agrees with WCFSA and does represent and warrant to WCFSA, upon which same has reasonably relied, as follows: (a) CowParade owns and possesses all trademarks, and trade names, all copyrights and all other legal and beneficial rights, title and interests, in and to the Cow Property, including without limitation the name "Cows on Parade" and "CowParade", the "Cow Shapes", the "CowParade Marks" and the related names, marks, logos, and other rights, powers and interests with respect to or relating to same, as more specifically specified in Exhibits "A" and "13" attached hereto. CowParade will obtain and maintain all rights, interest and title to the Cow Property as may be needed to perform hereunder. CowParade shall promptly and diligently defend WCFSA against any and all claims, actions, causes of action, investigations and proceedings alleging or considering an alleged violation or infringement of any such rights, or interests. Defense shall be prompt and diligent by legal counsel satisfactory to. CowParade shall promptly report to WCFSA all notices, claims and allegations of any such infringement or violation of rights by other parties, and WCFSA shall likewise report same to CowParade, in each case once tcnown by the party reporting same. (b) The licenses to use the foregoing Cow Property are valid and enforceable in accordance with the terms of this Agreement and no consent, authorization, license or permission of any third party is required for CowParade to enter into and perform under this Agreement. (c) CowParade has conducted a minimum of six events that were the same or similar to the Event in the cities specified in the Exhibit "C" attached hereto; has provided rights and services to local event operators the same or similar in all of such events which services, included the development, organization and presentation of such public, art events under the name CowParade or Cows on Parade, including the exhibitation, sale, merchandising and auctioning of the Cow Shapes as painted by artists. (d) CowParade owns and possesses proprietary information, materials and directions, included printed materials, regarding the organization of such events, including sponsor packages and solicitation procedures, artist solicitations and artistry, logistical requirement and live auction directions, all of which have been used in the prior events and will be provided to WCFSA for and in connection with the Event. (e) CowParade maintains a staff of four persons experienced in the staging, arrangement and conduct of the events and same shall be available to consult with WCFSA in connection with the Event, with Ronald A. Pox, Vice President as the key contact person for the Event. P: 4 i., Received 10124/2005 02:30PM in 04:22 on line [121 for 4023 * Pg 6/16 Oct 24 05 02:33p p'6 (f) All pricing and approval of sales and sale transactions, including with limitation the auction, shall be as determined solely by WCFSA after consultation with CowParade, as appropriate, with CowParade acting solely as a licensor and consultant. All selection of artists and final work product shall be reviewed and approved by CowParade provided same operate consistent with the terms of this Agreement. (g) CowParade has not, and shall not prior to calendar year 2005, license, authorize, assist, or consult with of any event, function, sale, or other activity which is the same or similar to the Event within the Territory. 7. Duties, Responsibilities, Covenants and Warranties of WCFSA. (a) Event Planning and Production. WCFSA shall: (i) Plan, develop, promote and present the Event which shall be known as "CowParade Harrisburg 2004", and (ii) Serve as the manager of the Event in accordance with the terms and conditions set forth herein- (iii) Underwrite and pay for all costs associated with the Event. (iv) Develop a plan dealing with all aspects of the Event for the review and approval by CowParade (die "Approved Plan"). The Approved Plan, among other things, shall include a detailed description of the following: (A) A statement of the objectives and goals to be accomplished during the Event; (B) A timeline of all activities of which the Event consists, from start to finish; (C) The identification of all necessary activities, materials and promotional happenings to be sponsored by Event firms and individuals; (D) A marketing and sponsorship sales program; (E) A program for the solicitation of artists to paint the Event Cows, for the transportation of the Event Cows to and from the venues where they are to be exhibited, and for the repair of damaged Event Cows; (F) Governmental liaison requirements; and (H) All other material activities necessary to staging the Event. Received 10/24/2005 02:30PM in 04:22 on line (121 for 4023 * Pg 7/16 Oct 24 05 02:33p p.7 (b) Advertising and Public Relations. WCFSA shall adopt and implement programs for the advertising and promotion of the Event. All print advertising shall include the CowParade logo or Event logo in a size determined by WCFSA, specimens of which logos are set forth on Exhibit B attached hereto and made a part hereof. All advertising and public relations items shall be, approved by CowParade prior to use or release to the media, as the case may be. Any such items set forth in Exhibit "B-1" attached are pre-approved. (c) Artists and Designs. WCFSA shalt organize and develop a package of materials for artists and open call to artists program in order to familiarize artists with the Event and to encourage them to participate, CowParade shall provide WCFSA with advice and with forms, materials and information from its events in the United States to assist WCFSA in the development of such materials. WCFSA shall conform such materials for use in the Event and for the purposes set forth in this Agreement. The designs and images of the Event Cows produced by artists commissioned by WCFSA shall be assigned to and shall become the exclusive property of CowParade. WCFSA shall obtain from each artist painting an Event Cow a written assignment to CowParade of the copyright of the artwork, duly executed by the artist, enforceable under the laws of Pennsylvania and the United States. Each such assignment shall be delivered by WCFSA to CowParade within fifteen (15) days following its execution and shall include a rendering by the artist of the art design for the artist's cow. Collectively, the works of art covered by the copyright assignments are referred to hereinafter as the "Cow Images". (d) Photographs. WCFSA shall take a minimum of four (4) high duality photographs of each and every Finished Cow according to CowParade's specifications, assign ownership of such photographs to CowParade, and provide the original photographic slides of such photographs to CowParade (the "Cow Photographs"). Such photographs shall be taken and such photographic slides shall be given to CowParade within fifteen (15) days of the first day of the exhibition each the Finished Cow. Each third-party photographer retained by WCFSA to photograph the Finished Cows shall enter into an agreement with WCFSA whereby the photographer assigns his or her rights to the photographs to CowParade. CowParade will provide to WCFSA a specimen contract for use with any such photographer. CowParade shall license WCFSA the Cow Images and Cow Photographs to use for Event promotions, advertisement and marketing for fifteen (15) years and for Event specific merchandising for three (3) years after the Term thereof. 8. Website. CowParade shall create a dedicated section to its website for the Event at its actual cost. WCFSA shall provide all of the content for the section, photographs, and cow, artist and sponsor information. CowParade shall register a special UU for the Event's website section (e.g. ttww CowParadeHarrisbure.com, etc.) and such URL shall be used by WCFSA in its event marketing, publication, and event-specific merchandise. This website shall be the sole website used by WCFSA for the promotion of the Event, provided that 9. Event-Specific Merchandise. Received 10/24/2005 02:30PM in 04:22 on line [121 for 4023 * Pg 8/16 Oct 24 05 02:34P P•8 (a) Rights Granted. WCFSA may produce itself or through affiliated companies merchandise specifically for or in connection with the Event utilizing any or all of the Cow ("Event-Specific Merchandise"), which will be made available for sale to the public in the Territory. (b) Approval Process. The Event-Specific Merchandise is subject to the review and approval of CowParade. By no later than February 1, 2004, WCFSA shall submit to CowParade for its review and approval a list of Event-Specific Merchandise that it plans to manufacture and/or sell (the "Merchandise List"). WCFSA shall not create any merchandise or prototypes thereof until it receives CowParade's approval of the Merchandise List. Following CowParade approval of the Merchandise List, WCFSA shall provide by e-mail digital files of all Event-Specific Merchandise (the "Digital Files") prior to creating samples or prototypes. Within five (5) days of receipt of a Digital File, CowParade shall either reject or approved the merchandise depicted in such Digital File, and, upon approval by CowParade, WCFSA shall create a physical sample of such approved merchandise and submit such sample to CowParade for final approval. CowParade shall either reject or approve any such sample within five (5) days of receipt of such sample and, upon approval by CowParade, WCFSA shall be entitled to manufacture and sell the approved merchandise. (c) CowParade Event-Specific Merchandise Royalty. WCFSA shall pay to CowParade on a monthly basis ten percent (10%) of the Gross Receipts from the sale of Event-Specific Merchandise, For purposes of this section, "Gross Receipts" shall mean all fiords actually received by WCFSA from the sale of Event-Specific Merchandise, excluding any sales tax and use and any federal, state or municipal taxes, which may now or hereafter be imposed upon or be required to be collected and paid, minus all refunds, rebates, discounts and credits given. Gross Receipts shall include all sales made for cash or credit. The first Stich monthly payment shall be made thirty (30) days following the month in which the first sales of Event-Specific Merchandise are made:. Each subsequent payment shall be made thirty (30) days following the end of the preceding month and shall continue for the entire time period during which Event-Specific Merchandise is sold pursuant to this Agreement. (d) Financial Matters pertaining to Event-Specific Merchandise. With each monthly payment, WCFSA shall make available to CowParade the financial information or records of WCFSA regarding the sale of Event-Specific Merchandise and any supporting documentation used directly to create such records. 10. Charities.. WCFSA may designate one or more charitable organizations, including or limited to itself, that shall benefit from the Event. 11. Reporting. WCFSA shall provide a monthly report to CowParade covering all of its responsibilities and duties set forth in this Agreement. CowParade shall provide to P?. 14 Received 10/24/2005 02:30PM in 04:22 on line (121 for 4023 ` Pg 9/16 Oct 24 05 02:34p p.9 WCFSA monthly updates on all matters relating to the responsibilities and duties of CowParade under this Agreement. 12. No Authority. WCFSA hereby expressly covenants not to enter into a contract in the name of CowParade or its affiliates or to otherwise bind CowParade or its affiliates in any way. WCFSA shall not represent that it has the right or authority to act on behalf of CowParade or its affiliates. WCFSA hereby holds COWPARADE harmless from any loss attributable to a violation of this covenant. 13. Confidentiality of Information. Except as otherwise required by law or by the order of any court or tribunal, WCFSA agrees to keep confidential and not to use or to disclose to others either during the Term or during any other period of association with CowParade extending beyond the Tenn and for a period of five (5) years thereafter, except as expressly consented in writing by CowParade, any secrets or proprietary information, of CowParade (which shall be deemed to include all provisions of this Agreement) which are not available or known to the public otherwise. WCFSA further agrees that should this Agreement be terminated, WCFSA will neither take nor retain, without prior written consent from CowParade, any papers, files, or other documents or copies thereof or other confidential information of any kind belonging to CowParade pertaining to CowParade's business, except to retain copies of such items provided by CowParade hereunder, which shall remain subject to the foregoing confidentiality requirement, if applicable. (` - 14. Indemnification. WCFSA shall defend, indemnify, and hold harmless CowParade, and any of its officers or employees from and against all claims, damages, liability, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from any acts or omissions in connection with this Agreement, caused in whole or in any part by WCFSA, its officers, employees, or agents, or caused by others for whom WCFSA is liable, unless caused in whole or in part by any act or omission of CowParade, its officers or employees. CowParade shall defend, indemnify, and hold harmless WCFSA, and any of its officers or employees from and against all claims, damages, liability, losses, costs and expenses, including reasonable attorneys' fees, arising out of or resulting from any acts or omissions in connection with this Agreement, caused in whole or in any part by CowParade, its officers, employees, or agents, or caused by others for whom CowParade is liable, unless caused in whole or in part by any act or omission of WCFSA, its officers or employees. 15. Termination of Agreement. (a) Termination. This Agreement may be sooner terminated on the first to occur of the foltowing: (i) Termination by Agreement. In the event WCFSA and CowParade shall mutually agree in writing, this Agreement may be terminated on the terms and date stipulated therein. Received 10124/2005 02:30PM in 04:22 on fine [121 for 4023 * Pg 10/16 Oct 24 05 02:34p p.10 (ii) Termination on Notice for Default. In the event either parry shall give notice to the other that such other party has substantially defaulted in the performance of any obligation under this Agreement and such default shall not have been cured within fifteen (15) days fallowing the receipt of such notice, the party giving such notice shall have the right to terminate this Agreement immediately by written notice to the other. Each party shall continue to perform its obligations until the Agreement is tenninated. Therefore, the non-breaching party is relieved of all obligations and duties provided for herein. (b) Effects of Termination. Upon termination of this Agreement, as herein above provided, neither party shall have any further obligation hereunder, except for (i) obligations accruing prior to the date of termination including payment of commissions and fees, and (ii) obligations, promises, or covenants contained herein which are expressly made to extend beyond the Tear of this Agreement, including, without limitation, confidentiality of information, which obligations, promises or covenants and agreements shall survive the termination or expiration of this Agreement. Except as expressly provided to the contrary herein, upon termination of this Agreement, WCFSA shall immediately cease and desist using the names and logos of CowParade, and CowParade, including any joint name and/or logo used or designed for the Event, except any license that by the express terms above exceeds the Term hereof. 16. Arbitration Any controversy or claim arising out of or relating to this Agreement, or its breach, shall be settled by arbitration in Harrisburg, Pennsylvania, United States of America in accordance with the governing rules of the American Arbitration Association before a single arbitrator agreed to by all of the parties. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 17. Miscellaneous. (a) Ownership of Event. It is understood and agreed that CowParade is and shall be at all times mentioned herein be the sole owner of the rights retained and WCFSA shall only be a licensee on the terms provided herein. WCFSA hereby acknowledges that, aside from its rights flowing and interest pursuant to this Agreement, it has no rights of ownership in the Cow Property or the Event and acknowledges CowParade's exclusive ownership of the Cow Property. (b) Governing Law. The parties agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, United States of America without regard to its conflicts of laws rules. Received 10/24/2005 02:30PM in 04:22 on line [121 for 4023 * Pg 11/16 Oct 24 05 02:34p p.11 (c) Notices. Any notice, demand, or communication required, permitted, or desired to be given hereunder shall be deemed effectively given when delivered by facsimile transmissions: CowParade: Cow Parade Holdings Corporation 433 South Main Street Suite 111 West Hartford, CT 06110 Attention: Ronald A. Fox Fax # 560-561-5327 WCFSA: Whitaker Center for the Science and Arts 301 Market Street Harrisburg, PA 17101 Attention: Charles Armstrong Fax #: (717) 221-8208 or to such other address, and to the attention of such other person(s) or officer(s) as either party may designate by written notice. (d) Assignment. No assignment of this Agreement or the rights and obligations hereunder shall be valid without the specific written consent of both parties hereto provided that either party may assign this Agreement to any entity controlled by such party, provided that such assignment shall not relieve the assigning party of its obligations hereunder. (e) Waiver of Breach. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision hereof. (f) Enforcement. In the event either party resorts to legal action to enforce the terms and provisions of this Agreement, the prevailing party shall be entitled to recover the costs of such action so incurred, including, without limita- tion, reasonable attorneys' fees. (g) Additional Assurances. The provisions of this Agreement shall be self-operative and shall not require further agreement by the parties, except as may be herein specifically provided to the contrary; provided, however, at the request of either party, the other parry shall execute such additional instruments and take such additional reasonable actions as may be reasonably necessary to effectuate this Agreement. (h) Compliance with Caws. WCFSA shall comply with all applicable federal and local laws of Pennsylvania and the City of Harrisburg, including the obtaining of all necessary license and permits from public or private sources necessary for the fulfillment of its obligations under this Agreement. Received 10/24/2005 02:30PM in 04:22 on line [121 for 4023 * Pg 12/16 Oct 24 05 02:35p p•12 (i) Consent. To the extent that either party hereto is required to or may provide its consent or approval to the other, such consent: or approval shall ' ., not be unreasonably withheld, delayed, conditioned or denied. Any item `- submitted for approval shall be deemed approved if no contrary response in writing is given within fifteen (15) days after received by the party not responding. 6) Severability. In the event any provision of this Agreement is held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder-of this Agreement, which shall remain in fill force and effect and enforceable in accordance with its terms. (k) Entire Agreement. This Agreement supersedes all previous contracts and constitutes the entirr, agreement relating to the Event. Neither party shall be entitled to any benefits other than those specified herein. No oral statements or prior written material not specifically incorporated herein shall be of any force and effect and no changes in or additions to this Agreement shall be recognized unless incorporated herein by amendment, as provided herein, such amendments(s) to become effective on the date stipulated in such amendment(s). Each party specifically acknowledges that in entering into and executing this Agreement, it relies solely upon the representations and agreements contained in this Agreement and no others. IN WITNESS WHEREOF, the parties have executed this Agreement, in multiple originals, as of the date above first written. COWPARADE HOLDINGS CORPORATION By: Rona A. ox; Vice President W HITAKER CENTER FOR SCIENCE and ART By: A Byroq/G. Quan, Pre dent and CEO P?.... A 1 Received 10/24/2005 02:30PM in 04:22 on line [121 for 4023 * Pg 13/16 Oct 24 05 02:35p p.13 EXHIBIT A (COW SHAPES) ?':; .] 4 Received 10/24/2005 02:30PM in 04:22 on line [121 for 4023 * Pg 14/16 Oct 24 05 02:35p p.14 Name apart from logo Official Logo: EXHIBIT B COWPARADE MARKS CowParade'" c o w* p a r a d e" TM & © 2002 CowParade Holdings Corporation www.cowparade.net Received 10/2412005 02:30PM in 04:22 on fine [121 for 4023 ' Pg 15/16 Oct 24 05 02:35p p.15 EXHIBIT C New York City 2000 Kansas City 2001 Houston 2001 London 2002 Las Vegas 2002 San Antonio 2003 0 Jun 24 05 11:53a ca parade www.cowparade.net Sponsorship Agreement 6/1/2004 CowParade Harrisburg 2004 and Kathie's Christmas and Collectibles P•2 Whitaker Center for Science and the Arts ((the parent organization of CowParade Harrisburg 2004 ("CPH 2004")) with offices located at 225 Market Street, Harrisburg, PA 17101 and Kathie's Christmas and Collectibles located at 3309 Hartzdale Drive, Camp Hill, PA 17011, herewith enter into a Sponsorship Agreement whereby Kathie's Christmas and Collectibles shall be known as a "Supporting" level sponsor for CowParade Harrisburg 2004's Gala/Live Auction ("Event") to be held on June 26, 2004 at the Farm Show Complex. Whereas Kathie's Christmas and Collectibles has been a strong supporter of CowParade Harrisburg 2004 as evidenced by their being a Choice level sponsor (HB 015 "Christmoos Cow" by Simon Bull), by their arranging for the British artist Simon Bull to paint two 92) Cows during his short stay in Harrisburg in October 2003, by holding a series of activities during Simon Bull's stay (advertised by a series of billboards). Whereas Kathie's Christmas and Collectibles initiated the idea of Boyds Bear Country being the Presenting Sponsor of CPH 2004, said sponsorship later brought to fruition by CHP 2004's staff. Whereas Kathie's Christmas and Collectibles has continued its strong support of CPH 2004 as evidenced by its activities held over the weekend of May 14°i involving school children et al painting miniature Cows with a competition thereto. Whereas Kathie's Christmas and Collectibles is a designated retailer of CPH 2004 Event specific merchandise as well as other CowParade general merchandise. Jun 24 05 11:53a p•3 Therefore in recognition of this strong support and in consideration of the conditions that follow, Kathie's Christmas and Collectibles shall be designated as a "Supporting" level sponsor of the Event. The conditions of this Sponsorship Agreement for both of the aforementioned parties follow: CowParade Harrisburg shall: acknowledge this sponsorship by appropriate signage, banners & printed recognition at the Event and in related CowParade Harrisburg 2004 materials to include the Auction Book. acknowledge this sponsorship in the Graze-ette, the official newsletter of CowParade Harrisburg 2004. • provide appropriate designated Event Sponsor seating at the Auction. Kathie's Christmas and Collectibles shall: provide funds necessary to produce for sale, no less than four thousand (4,000) miniature ceramic and/or resin Cows through CowParade Holdings Corporation of West Hartford, CT; said Cow will be mutually selected and agreed to by both parties hereto from those included within CPH 2004's CowParade; and said production to be contractually set with CowParade Holdings Corporation NLT June 1, 2004. • shall serve as the sole retail outlet for the aforementioned miniature unless other retailers are identified and mutually agreed to. • shall designate CPH 2004 as the receiver of 50% of the net revenue received from the sale of the aforementioned miniatures. CowParade Harrisburg 2004 and Kathie's Christmas and Collectibles accept the above conditions of sponsorship and herewith enter fully into this Sponsorship Agreement. B G. *dE President anWhi taker Center for Science and the Arts Bill Hughes Kathieas and Collectibles Date: Date: aS G V /'? ??14 ShopCowParade.com t ONTACT US IIIIUIIIIPII IIIIIIIIIUIUI i??ImG` 9u?`i?mntll(ijjinlllllgM COWPARADE'COIA "JIBE Vw Page 1 of 1 4 OfFMAt STORf... . S H O P COW PA R A O E. c o m UK,COLLECTION Excl,Is.ve Y Ir, the US x utlopr,' sv"Paroje! t 1* l tw SHOP THE HER FREE Shipping over $ Select CowParade Eve POWERED ON join our affil late program ??!!?,,,?.,,..'!,?? terms conditions and privacy policy I contact. us I about us 'J?{J?i.a,eam Copyright © 2004-2005 GoCollect Technologies. All rights reserved TECNNQ?OGy Not receiving email? Click here. http://www.shopcowparade.com/?refcode=alliance-905/ 10/24/2005 NEW MADI Page ShopCowParade.com et 4x? i'f .`.. Kit 1 r OFFICIAL SrORI AMI S 14 0 p G 0 W P A R A t? E .cam' i s• Y u JOBC1WP PA Limited Edit, Online EXCiL Will Sell OU w $30. Portion of the Proceeds Hamsburq's'Ntritakor C and the Aria and tRe Joa maxMMUMMM ?refcode=alliance-905/ 10/24/2005 //www.gAcollect.com/Cowparade%oepa.asp . i"". odic contact us aooui terms conditions _and prvacy p_ i Y ShopCowParade.com POWERED ON TECkNC>40Gy Page 2 of 2 Copyright © 2004-2005 GOCOllect Technologies. All rights reserved Not receiving email? Click here. },ttn, //www.gocollect. com/CowParade/joepa.asp?refcode=alliance-905/ 10/24/2005 GoCollect.com - The Web's Widest Selection Of Collectibles & Gifts D rxerrreswrersrsrartrrax Browse 70621 Products Today! It pays to GoCollect! orcourcrtaussclrrs Click Here to Login/Register Click for Rewards ? C 278 NAME BRANDS 54 CATEGORIES FREE SHIPPING! FREE GIFrs? LOYAt.TY REWARDS SPEt Featured Stores: CowParade Fresh Flowers ( Candies I Framed Art I Halloween / SEARCH r SEE WHA"S NEW ? FEATURED BRANDS Boyds Collection • Charming Tails Cherished Teddies CowParade - Official Site! Department 56 Dreamsicles Fresh Flowers Gund Harmony Kingdom lim Shore Just the Right Shoe Lenox Classics Lladro Mary Phillips Designs M.I. Hummel Pooh & Friends Precious Moments Royal Doulton Seraphim Classics Snowbabies Swarovski Crystal • Thomas Kinkade Art Walt Disney Classics Waterford Willow Tree Yankee Candles Click to view them ALLIP, Page 1 of 1 Royal Doulton 2005 Charity Figun for Breast Cancer Think Pink & dive Sackt 1 Len Rhyl Willow Tree Autumn Angel! Perfect for the Season* Caithness Glass Enter your email for . z offers, gifts & more. New Fall 2005 Designs Just In! Paperweights & More! ? No Spam Policy - click fo VIEW 270 MORE BRANDS ? SHOP OUR CATEGORIES ? Order Toll Free (800) 920-4947 I Customer Service (800) gam - 10pm EST Mon-Sun 9am - 6pm EST Mon-Fri Affiliate Retailer Secondary Store Contact Terms & Privacy Buy Gift 100% Cust, Network Network Market Locator Information Conditions Policy Certificates & satisfa ©2005 GoCollect Inc. All rights reserved. A The GoCollect mark and logo are trademarks of GoCollect Inc. Not receiving replies or emails? Click here. http://www.gocollect.com/ 10/24/2005 Charming Taus Fall Favorites for Halloween, Thanksgiving & MORE! ShopCowParade.com Page I of 1 ?N 5? Y Ian l r e ti iSUBMIT, MORE INFO "JOE PA' OFFICIAL STORE - - - .-- S H O P C O W P A R A O E_ c o m on V r- ; nc IIcr1 FRLE Shipping over S Select cowParade Eve PlO W,E,,RE''DD?O, N r?ra¢ join our affiliate program terms, conditions and privacypolicy I contact us I about us Copyright © 2004-2005 GoCollect Technologies. All rights reserved Not receiving email? Click here. http://www.gocollect.com/CowParade/index. asp 10/24/2005 NEW MADI ShopCowParade.com Page 1 of 2 r ?j AWN, CONTACT US C'OWPARADE:C(FM Limited Editi Online EXCIL Will Sell OU' $30. Portion of tte Proceeds Harrisburg's Mutakor C and tha Axis and the Joe Lour affiliate program terms, conditions and privacy policy I contact us I about us OFFICIAL STORE H O P O P C OW PARADE.cortt ,JOE PI By CowP http://www.gocollect.com/CowParade/joepa.asp 10/24/2005 ShopCowParade.com POWERED ON t??p Page 2 of 2 Copyright © 2004-2005 GoCollect Technologies. All rights reserved Not receiving email? Click here. http://www.gocollect.com/CowParade/joepa.asp 10/24/2005 ZD WHITAKER CENTER FOR SCIENCE AND THE ARTS V. Plaintiff, WILLIAM F. HUGHES, JR., and KATHLEEN R. HUGHES, Individually and t/d/b/a KATHIE'S CHRISTMAS AND COLLECTIBLES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5537 Civil Term C17VIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, William F. Hughes, Jr., and Kathleen R. Hughes, Individually and t/d/b/a Kathie's Christmas and Collectibles, in the above captioned action. METZGER, WICKER AM, KNAUSS & ERB By: Steven . Miner, Esquire Attorney I.D. No. 38901 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Date: November 4, 2005 340381-1 WHITAKER CENTER FOR SCIENCE AND THE ARTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. WILLIAM F. HUGHES, JR., and KATHLEEN R. HUGHES, Individually and t/d/b/a KATHIE'S CHRISTMAS AND COLLECTIBLES NO. 05-5537 Civil Term CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE AND NOW, this day of November, 2005, I, Steven P. Miner, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorney for Defendants, William F. Hughes, Jr., and Kathleen R. Hughes, Individually and t/d/b/a Kath e's Christmas and Collectibles, hereby certify that I served a copy of the within Entry of Appearance this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Paige Macdonald-Matthes, Esquire Saul Ewing LLP Penn National Insurance Plaza 2 North Second Street, 7?' Floor Harrisburg, PA 17101 Mr. and Mrs. William Hughes 69 Fairway Drive Camp Hill, PA 17011 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Steven P. M' er, Esquire I.D. No. 38901 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 340381-1 P? ) n <- -q co sc? c? V' I SHERIFF'S RETURN - REGULAR CASE NO: 2005-05537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITAKER CENTER FOR SCIENCE VS HUGHES WILLIAM F JR ET AL WILLIAM CLINE Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUGHES WILLIAM F JR the DEFENDANT , at 1404:00 HOURS, on the 4th day of November , 2005 at 69 FAIRWAY DRIVE CAMP HILL, PA 17011 WILLIAM F HUGHES JR by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Postage .37 Surcharge 10.00 .00 41.81 Sworn and Subscribed to before me this day of ??l 5 A. D. Protk n tart' , Sheriff or Deputy Sheriff of So Answers: R. Thomas Kline 11/07/2005 SAUL EWING By: 1/ Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-05537 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITAKER CENTER FOR SCIENCE VS HUGHES WILLIAM F JR ET AL IAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon THLEEN R the DEFENDANT at 1404:00 HOURS, on the 4th day of November , 2005 at 69 FAIRWAY DRIVE CAMP HILL, PA 17011 by handing to WILLIAM F HUGHES JR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this IS day of j?t uct ,-I-c7ij A.D. rothc ary So Answers: R. Thomas Kline 11/07/2005 SAUL EWING By: Deputy Sheriff CASE NO: 2005-05537 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WHITAKER CENTER FOR SCIENCE VS HUGHES WILLIAM F JR ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HUGHES KATHLEEN R TDBA KATHIES CHRISTMAS AND COLLECTIBLES the DEFENDANT , at 1404:00 HOURS, on the 4th day of November , 2005 at 69 FAIRWAY DRIVE CAMP HILL, PA 17011 by handing to WILLIAM F HUGHES JR, HUSBAND OF KATHLEEN a true and attested copy of COMPLAINT & NOTICE _ together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before tl? me this 16 day of A.D. rot ar So Answers: R. Thomas Kline 11/07/2005 SAUL EWING By: ?Tz-,? / Deputy Sheriff Curtis R. Long Prothonotary Office of the Protbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Q? - ss3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Souare • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573