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Home My WebLink About02-2973ROBERT R. MENTZER, JR., One Mayapple Drive Carlisle, PA 17013 Vo GARDNER SHOE COMPANY, INC. 3253 Underground Drive West Plains, MO 65775 and : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- ~ q Z.~ CIVIL TERM : : GARDNER SHOE COMPANY OF WEST VIRGINIA P.O. Box 276, 300 Second Avenue Marlinton, WV 24954 : JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS To: Curtis R. Long, Prothonotary Please issue a writ of summons on the above captioned Defendants. HANFT & KNIGHT, P.C. Date: June 18, 2002 Grego~ H, Knight Esquire Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 To: SUMMONS IN CIVIL ACTION Gardner Shoe Company, Inc. and Gardner Shoe Company of West Virginia You are notified that the above-named Plaintiffhas commenced an action against you. Date: Prothonotary Deputy ROBERT R. MENTZER, JR., Plaintiff Vo GARDNER SHOE COMPANY, and GARDNER SHOE COMPANY, INC. OF WEST VIRGINIA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2973 CIVIL TERM : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ROBERT R. MENTZER, JR., Plaintiff GARDNER SHOE COMPANY, and GARDNER SHOE COMPANY, INC. OF WEST VIRGINIA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2973 CIVIL TERM : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, by and through his Counsel of Record, Hanft & Knight, P.C., to file a Complaint against the Defendants, in support of which the following statements are made: 1. The Plaintiff is Robert R. Mentzer, Jr., an adult individual residing at 2100 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Gardner Shoe Company (Gardner) is in the business of selling shoes and has a principal business office at 3253 Underground Drive, West Plains, Missouri 65775. 3. Defendant Gardner Shoe Company, Inc. of West Virginia (Gardner - West Virginia) has a business address of 300 Second Avenue, P.O. Box 276, Marlinton, West Virginia 24954 and is a subsidiary of Defendant Gardner. 4. By letter dated April 6, 1999, the Plaintiff agreed to serve as an independent sales agent for Defendant Gardner and Defendant Gardner - West Virginia. See Exhibit "A." 5. Since April 1999, the Defendants have paid commissions to the Plaintiff. 6. Based on sales by the Plaintiff, the Defendants owe the Plaintiffunpaid commissions of $7,992.00, as admitted in a January 14, 2002 letter from Defendant Gardner- West Virginia. See Exhibit "B." 7. Despite repeated requests by Plaintiff and his Counsel, commissions due to Plaintiff have not been paid. WHEREFORE, Plaintiff requests judgment against Defendants, jointly and severally, for $7,992.00of sales commissions earned but not paid, plus interest at the rate of six (6%) percent on the balance due since January, 2002, and counsel fees, costs and such other relief as the Court deems appropriate. Respectfully submitted, HANFT & KNIGHT, P.C. Gregory H, Knight Esquire Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 ROBERT R. MENTZER, JR., Plaintiff Vo GARDNER SHOE COMPANY, and GARDNER SHOE COMPANy, INC. OF WEST VIRGINIA, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- CIVIL TERM : JURY T ~R/AL DEIvIANDED AFFIDAVIT OF VERIFICATION I verify that the statements made in the Complaint are true and correct. I understand that false statements are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: ~"~Ad ,2002 · entzer, Gardner Shoe Company 3253 Underground Drive West Plains MO 65775 Ph: 417-256_5035 Fax: 417-256-6255 DATE APRIL 6*" 1999 TO ROBERT R NENTZER JR FROM BILL GARDNER DEAR ROBERT THIS LETTER WILL SERVE AS A GARDNER SHOE COMPANY, CONTRACT BETWEEN ROBERT R MENTZER JR, AND ROBERT MENTZER JR WILL ACT AS AN INDEPENDENT SALES AGENT, ANY AND ALL SALES BROUGItT IN BY ROBERT R MENTZER JR TO GARDNER SHOE COMPANY, HE WILL BE MENTZER JR IN ADVANCE OF THE ORDERS; ANY AND ALL CUSTOMERS THAT ARE BROUGHT INTO GARDNER SHOE, ROBERT R MENTZER WILL GET THE COMMISSION AS LONG AS GARDNER SHOE MAKE SHOES FOR THAT CUSTOMEp~ IN CASE SOMETHING HAPPENS TO ROBERT R MENTZER JR THE COMMISSION WILL BE PAID TO ROBERTS WIFE FOR 3 YEARS, PLEASE SIGN AND RETURN A COPy TO BILL GARDNER APPROVED BY BILL GARDNER, GARDNER SHOE 3253 UNDERGROUND DR WEST PLAINS MO 65775 APPROVED BY ROBERT R MENTZER JR ' ' SIGN & DATE~ D~ DA_TE~ ·. :::~ : / GARDNER SHOE COMPANY, INC. of West Virginia ~ PO Box 276,' 300 ~econd Ave, Marlinton, WV 24954 '~1~1w Phone 304 799-2249 ~ Fax 304 799-2364 tagardner@citllnk.net January 14~ 2002 r TO: Bob Menl~er FROM: Z~om Alien REF; Rtchlee Prices Dear BOb: vla fax: ~/~ a t~.- ~r.pages) ~ .,.. tot the NEw S p es, (January 02; vd es the current sh°es, and copies of the cost sheet On/hose shoes. Although the new samples are also Current shoes, there was different leathers, etc., thus the increase over current. BOb, everyone needs to understand that neither West Virgihia Sho~ Compan~i or Gardner:have made any money the last five:gr: six years, and wecannot continue at:the present Prices. With that said, we NEED to PUt "Domestic FoOt~ear Manu£aeturi~;" prices in line with Domestic costs. Gardner~s direct labor and overhead costs are the LOWEST of any footwear factory in the Slates. MO's averag~ wag~ is just a little Over $7.00 per hour, and WV's average is ONLY $6.00 per hour. The factory overhead last year was 8254 to Direct Labor. This is un-heard o£in the looP, year industry, as most factories run 150% + overhead to Direct Labor. As you can see, our profit margin is ONLY 12%, which really is nothing when you consider there are times we might receive bad leather, or some other component that just isn't right, there is almost NO room for errorl R.ichle~/Bob Martin is a "Terrific" customer, and they have helped us out in many ways, but if they want to continue with Domestic footwear, we MUST have an inerea~ in prices to stay alive. Once the new financing is complete, and we can move some or all of the upper production to WV, we might be able to back offthe prices a little. The oth~' option I would suggest, is increasing orders to 288 pa/rs, or 24 dozen. If we can do that, we:can purChase.uppers from offshor~, that will result in savings to Richlee, and a little extra margin for the Company. We would also like to increase the FD's from $10.00 per pair, to $12.50 per pair, At $10.00, we don't even get our Direct labor backl ~You asked about your eommiss|ons owed you, and that is $7,992. P10ase give me a call with your comments. KJnd~t regards, Perfect Fit~ with Lasting (~u~iity" ROBERT R. MENTZER, JR., Plaintiff Vo GARDNER SHOE COMPANY, INC., and GARDNER SHOE COMPANy OF WEST VIRGINIA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- 2973 CIVIL TERM : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE AND NOW, this _1~ day of July, 2002, I, Gregory H. Knight, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Complaint, by first class, United States Mail, postage pre-paid, addressed as follows: Wes Miller Gardner Shoe Company 3253 Underground Drive West Plains, MO 65775 HANFT & KNIGHT, P.C. g ry . Knight, Esquire d Attorney ID No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 August 15, 2002 ' Prothonotry Office Cumberland County House One Court House Square Carlisle, PA 17013 RE: Robert Mentzer, Jr. v. Gardner Shoe Company, and Gardner Shoe company, Inc. of West Virginia / No. ~3 Civil Titan To Whom It May Concern: ANSWERS - TO COMPLAINT MADE Response to number 1. Admitted Response to numb~f-'~."' Denied - Gardner Shoe Company of MO is in the business of doing custom work, specifically cutting and fitting shoe uppers. Gardner Shoe of MO does not sell or manufactur a complete shoe. The address is correct. Response to number 3. Denied - Gardner Shoe Company, Inc of West Virginia is not a subsidiary of Defendant Gardner Shoe of MO, but a separate Corporation of West Virginia. This address was correct when the corporation was active. As of January 1, 2002, this company ceased doing business and is inactive. Response to number 4. Admitted Response to number 5. Admitted Response to number 6. Denied - The amount due Mr. Mentzer is $7,992. As stated in Exhibit "B", or letter from Gardner Shoe Company of WV, this amount is due from Gardner Shoe Company of WV. I have attached a copy of the aged account receivables, which shows the amount due is on the Accounts Payable of Gardner Shoe Company of WV. In January of 2001, two checks were written to Mr. Mentzer for Gardner Shoe Company of MO, against the payable of WV. This is confirmed by the accounting number on the check, which is an accounting number used by Gardner Shoe Company of WV. This check was written by Gardner Shoe Company of MO, because of the lack of funds available from Gardner Shoe Company of WV. Gardner Shoe company of WV was started in late 1999. This company did all the lasting and finish work for the customers of both companies. All customer billing, all customer account receivables and commissions were the responsibility of Gardner Shoe Company o£WV. Response to number 7. Agreed Respectfully; ~mjtted at the request of Gardner ~~ Shoe Companies, Weston F. Miller 405 Forest Street P.O. Box 247 Oconomowoc, WI 53066 Cc; Gregory H, Knight Esquire 19 Brookwood Ave, Suite 106 Carlisle, PA 17013 Bill Gardner, President Gardner Shoe Company of MO 3253 Underground Drive West Plains, MO 65775 ROBERT R. MENTZER, JR., Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2973 CIVIL TERM GARDNER SHOE COMPANY, : and GARDNER SHOE COMPANY, INC. : OF WEST VIRGINIA, : Defendants : JURY TRIAL DEMANDED PRAECIPE TO SETTLE To the Prothonotary: Please mark this action settled and discontinued. HANFT & KNIGHT, P.C. Esquire Attorney I.D. No. 30622 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorney for Plaintiff To: Curtis R. Long, Prothonotary Date: October 31 t 2002