HomeMy WebLinkAbout02-2154CARLISLE PRODUCTIONS, INC.
VS
MODEL MOTORING, INC.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 09, -
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
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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
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YOU SHOULD TAKE THIS PAPER TO YOUR LAWYR AT ONCE. IF YO DO NOT
HAVE A LAWYER, OR CANNOT AFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN ET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
CARLISLE PRODUCTIONS, INC.
VS
MODEL MOTORING, INC.
: CIVIL ACTION - LAW
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
COMPLAINT
AND NOW, this --L- day of May, 2002, comes CARLISLE PRODUCTIONS, INC.,
above-named plaintiff, by and through its attorney, Gail Guida Souders, Esquire and respectfully
avers the following:
1. Plaintiff is a corporation having offices at 1000 Bryn Mawr Road, Carlisle,
Pennsylvania 17013.
2. Model Motoring, Inc. is a corporation having offices at 332 South York Road,
Hatboro, Pennsylvania, PA 19040.
3. Defendant contracted with Plaintiff to use space at the times, amounts, and prices for
these services that are indicated in Plaintiff's Marketing Agreement, a true and
correct copy of which is attached hereto, marked Exhibit A, and made part thereof.
4. The prices charged by Plaintiff were fair, reasonable, and market prices that prevailed
at the times of the agreement.
5. The prices charged by Plaintiff were the prices that Defendant agreed to pay.
6. Defendant paid $5,500.00, which is the initial payment according to the agreement.
See Exhibit A.
7. Plaintiff fulfilled its obligation by providing the leased space and advertising as
indicated in the agreement. See Exhibit A.
8. Defendant did participate in the Spring Carlisle, April 19-22, 2001 show.
9. However, defendant failed to make any further payments and as a result broke the
agreement between the parties.
10. Plaintiff avers that the balance due amounts to $11,000.00, which is above the limit
for mandatory arbitration.
11. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed
and refused to pay the aforesaid balance or any part thereof to Plaintiff.
12. The interest at the legal rate of six percent a year is $660.00 as of March 15, 2002.
WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of
Plaintiff and against Defendant in the amount of $11,660.00 with interest and costs.
Gail Guida Souders
Guida Law Offices, P.C.
503 North Front St.
Harrisburg, PA 17101
(717) 236-6440
Identification No. 68740
Attorney for Plaintiff
Marketin~ A~reement
Parties to the Agreement: This agreement is entered into by and between Carlisle Productions, Inc., a
Pennsylvania corporation with offices at 1000 Bryn Mawr Road, Carlisle, PA 17013, (hereinafter referred to
as Carlisle), and Model Motoring Inc., a Pennsylvania based company with offices at 360 Cons. tance Dr3vr4
Warminster, PA 18974 (hereinafter referred to as Model Motoring). ,~ ~ '~ ~_~/~..~t~.~ .,r'O~.
Term of th~ ~greement and scoPe of Event: The term of this sponsorship agreem'~en?~i~l b~e~or Sp~
Carlisle, April 19-22, 2001: Carlisle Ali-GM Nationals, June 29 - duly 1,200 and Fall Carlisle, October 4.
7, 2001. The aforementioned events are automotive specialty shows and are presented as part of the 2001
Carlisle Events show season at the Carlisle Fairgrounds in Carlisle, Pennsylvania by Carlisle Productions,
Inc.
Scope of Agreement: The responsibilities of the parties to this agreement are as follows:
· Carlisle shall provide Model Motoring with one (1) vending space in Z-Building - Grandstand for the
~ill-GM Nationals, June 29 - duly 1, 2001. The display space is ten (10) feet in length and eighteen
(18) feet in depth.
· Carlisle Shall provide Model Motoring with one (1) vending in T-Building for Spring Carlisle, April
19-22. 200~. The display space is ten (10) feet in length and fifteen (15) feet in depth.
· Carlisle Shall provide Model Motoring with one (1) vending space in R-Building for Fall Carlisle,
October 4-7, 2001. The display space is ten (10) feet in length and thirty (30) feet in depth.
· Carlisle shall provide Model Motoring with an electrical hookup at all events outlined in this
agreement.
· Carlisle will make public address announcements at all events outlined in this agreement mentioning
Model Motoring and their vendor location. These announcements are approximately one paragraph or
l,ess than fifty (50) words in length. The deadline for receipt of this announcemem copy is attached
and identified as Addendum A.
· Carlisle will place a full-page color Model Motoring display advertisement in the Ali. GM andFall
issues of Carlisle Magazine. A schedule of publications, color requirements, and ad deadlines is
attached and identified as Addendum A & B.
· Carlisle will place collateral Model Motoring marketing material such as a newsletter, flier, coupon, T-
shirt, ormug in the ~Ill-GM event goody-bags. A proposed schedule for quantity and delivery of
collateral materials is attached and identified as Addendum A.
· Carlisle will place Model Motoring banners at all key points of entry and at the grandstand pavilion for
the events outlined in this agreement. Carlisle shall display one (1) Model Motoring banner at each of
the six (6) points of entry. Carlisle shall display two (2) additional Model Motoring banners at the
grandstand pavilion located at the center of the fairgrounds.
· Carlisle and Model Motoring shall initiate an Interact cross-link from the Carlisle Events web page
ww~ .c:[rsatcalrislc.com to the Model Motoring home page for the length of this Agreement. Deadline
for receipt of web address is April 1, 2001.
Model Motoring shall pay Carlisle a fee in the amount of $16,500.00 for the services defined herein. The
fee is payable in four (3) installment as follows:
1. $5,5000.00 will be due upon the signing of this agreement.
2. $5,500.00 will be invoiced to Model Motoring on June I, 2001 with thirty (30) day net terms.
3. $5,500.00 will be invoiced to Model Motoring on August 1, 2001 with thirty (30) day net terms.
Exhibit A
The parties to this agreement hereby signed below accept
M'~"'d ~'1 Mo~o~'in~ --
the terms and conditions defined herein.
Bob TrOut-man for-Carlisle
$/~ 7/c t
Date
CARLISLE PROOUCTION'~. INK:,
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MODEL, MOTORI~TG. INC.
: CIVIL ACTION - LAW
: I~0,
IN THE COURT OF COMMON PI.F,A$
CUMBERLAND COb~TY, P£NI~$YL~'ANIA
VERIFY THAT THE ~TATEME~'TS MAD~ IN
SU~T ~ ~ ~S OF 18 PA.C.S,A. g~'lON ~ RELA~G TO
FALS~CA~ON ~ AU~O~~