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Home My WebLink About02-3315NOTICE OF APPEAL CO"ONWEALTN OF PENNSYLVANIA COURT OF COMMON PLEAS JUDICIAL DISTRICT FROM DISTRICT JUSTICE JUDGMENT 7l/z/63- COMMONPLEASNs 0,-2-3315 OA---F TA- NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date aid in the case mentioned below ZZ2 5• S C 0-TT a - cv 12Qf - 13 3-0Z LT IThis block will be sgned ONLY when this notatbn is required under Pa. R.C.PJA Na If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 10068 1001(6) in action before District Justice, he MUST This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDERS to the judgment for possession in this case. FILE A COMPLAINT within twenty (20) days after tiling his NOTICE of APPEAL. ignature o Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon appellee(s), to file a complaint in this appeal - •-?Mme Of eppelleelsl (Common P? No, 0 - 3 3 15' CA-Li I ,L,r, ) within twenty (20) days after service of rule or ssufferr en of judgment of non pros. /? -I1 q re of epveFen o ne atWney or agent [ a?? -s-6 - oppea*s4 Ou..Q- Ld ipedrsS ( a to( RULE: To -5 `7 Alene of eppe#Ws) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. n /? Date: a slvmh- W Rounno ry r DWWy COURT FILE TO BE FILED WITH PROTHONOTARY AOPC 312-90 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This, proof of,service MUST QE FILED WITHIN TEN (10) DAYS AFTER fjling the notice of appeal. Check applicable boxes) -`t1M?01i?1VLALTH OF EtJ?1ALVANIA ; COUNTY-OF _. a - - - :. , . SS, ?_, AFFIDAVIT: I hereby swear or affirm that I served ? a copy-of the Notice of Appeal, Common Pleas No,,,• _-; upon the District Justice designated therein on (date ofservice) ...... ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. ? and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on - -_ - , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF ___ --- - Srgrntur et ottcrei be'prp wJacm a(lidavii vas matte My commission expires on Signafwe of affianC 0 C Q z a N F5 N PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF 175NNSYLVANtA COUNTY OF m•a SS AFFIDAVIT: I hereby swear or affirm that I served copy of the Notice of Appeal, ?ommon Pleas Na. upon the District Justice designated therein on (date of service) 1-7-- __.._- ? by personal service certified) tregistered} mail, sender's receipt ttached hereto, and upon the appellee, (name) S cv h __'1L?? on 2 ? by personal service (;-7'certified) (registere ) mail, sender's receipt attached hereto. ? and further that served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ..._ ..... ....?_., ..._ ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS .... AY OF S _ signature of o rctat aefore x/nom a lidavft wras n Ide l _? 01?2?c PU B Lt c Title of a!?iara! My commission expires on U U 5 NOT RK *A LLAJ LE 0%6 I - 70-1. AL womomm Hill a 7 rQ -n N ? tV W tv cs? Q^ entTo? C-? T-9 ` r_1 Street, Apt. No.; ??/? t7 or PO Box No. C v 13 V d, - _?v_" ------- ----- - M1 C/ty, S tate, ZIP+ 4 gj, I 3800, January 2001 S,,a Reverse for Instructions 0 U.S. Postal Servi ce CERTIFIED M AIL RECEIPT (Domestic Mail Only; No insuranc e Cover age Provided) (1J C3 'LEK'- EIi6 P A 113 9 co postage s $0.37 nr ? G g rL Certified Fee i `n 0 Relum Receipt Fee (Endorsement Required) stmark 1?,ers r t°v V O Restricted Delivery Fee (Endorsement Required) ' C3 42 $4 y F ,..?o.,..?F.. . y COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF? UDGMENT/,T RANSCRIPT l.I CASE Mag. Dist. No.: 09-1-02 PLAINTIFF: NAME and ADDRESS FOTSTOT, SCOTT R DJ Name . Roe. 480 B RIDGE' RD ROBERT V. MANLOVE LEWISBERRY, PA 17339 Aaarees 1901".-;STATE STREET L , CAMP' HILL, -;PA VS. .J Telephone: (917)'. 761-0583• 17011' 0000 DEFENDANT: NAMEana noDRESS.i FONE;WIRELESS WORLD 427 N ENOLA RD ENOLA, PA 17025 ON13 WIRELLSS L -i WORLD 427 N ENOLA RD ENOLA, PA 17025 Docket No.: CV-0000133 02 Date Filed: 3/27/02 am- i THIS IS TO NOTIFY YOU THAT: Judgmerl't -_-DSKAULT TMGM=.. PT-%W ® Judgment was entered for: (Name) nTgrpnm gr•.nmm jr Fx-l Judgment was entered against: (Name) ONR WTRET.RGa woxT.n in the amount of $ 6, 1 n4 _ an on: (Date of Judgment) 6117 Jn2 (Date & Time) R Levy is stayed for days or ? generally stayed. Objection to levy has been filed and hearing will be held: Date: Time: Amount of Judgment $ _1 000.0'0 ' Judgment Costs $ 104 J50 Interest on Judgment $ 00 Attorney Fees $ .00 Total - $ 6, 104.50' Post Judgment Credits $ Post Judgment Costs" $ Certified Judgment Total, $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERWOR THE COURT OF COMMON PLEAS, CIVII?pIVISION.- YOU , p MUST INCLUDE A COPY OF Th(CE JUD A C T IF M WIT OR Nf?TJCf OF APPEAL. Uate District Ju§tice I certify that this is a true a py o f proceedings-.dlCont j ing $ judgm4rit: Date a \ ?istnct Juice .. My commission expires first Monday of January, 2006 AOPC315-99 SCOTT K OTSTOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff' CIVIL ACTION -LAW V. ONEWIRBLESS WORLD Defendant NO. ZO02. - 0 33/ 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 an 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 rrioney 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 _FHE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SCOTT K OTSTOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION-LAW V. ONE WIRELESS WORLD Defendant NO. COMPLAINT NOW, comes Plaintiff, Scott K Otstot by and through himself and files the within complaint and in support thereof, sets forth the following: 1. Scott K Otstot is an independent contractor in the Cellular Business in Pe lnsylvania at 310 Hummel Ave, Leymone, Pa, Cumberland County. 2. Defendant, One Wireless World is a Cellular Phone Company with business located at 222 S. Market St Suite 102B Elizabethtown, Lancaster Co. Pennsylvania. 3. On or around September 1ST 2001 Plaintiff had a face to face meeting with the Defendant and discussed that the Plaintiff would be paid a basic $800.00 every two weeks for miles traveled, i.e. (miles reimbursement expenses) together with $55.00 commission per activation on each cellular phone sold. After Plaintiff agreed to terrm with Defendant, the Defendant did not pay the Plaintiff for Activations for the mont hs of September, October, November and December of 2001. Please refer to Exhibit A for phones sold during the above months. The total commission due to Defendant for the months of September, October, November and December of 2001 amounted to $6710.00. 4. The Plaintiff refers to Exhibit B which consists of a copy of check 7043 dated 12/28/01 in the amount of $1000.00. Underneath is a copy of a note which explained the payment and which included the $800.00 for Miles Reimbursed. 5. The Defendant has failed and refused to pay the amount due ($6710.00) and owing under the agreed amount. WHEREFORE, Plaintiff requests Judgement in its favor and against Defendant for the sum of $6;'10.00 plus costs all in amount requiring compulsory arbitration. Respectfully submitted, Scott K. Otstot 310 Hummel Avenue Lemoyne, PA 17043 swo; n be?;rG MC'4is 127-th -Dal vV- xt4st 8002 .. ,illy V tam ONdNeelo? er. Menl?er,PeirmYOt ? N t.. cl? -77 J SCOTT K. OTSTOT, Plaintiff V. ONE WIRELESS WORLD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-03315 CERTIFICATE OF SERVICE I, Scott K. Otstot, hereby certify that on the 8th day of November, 2002, I served a true and correct copy of the foregoing Complaint by depositing same in the United States Mail, certified mail, return receipt requested, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: One Wireless World 222 S. Market Street, Suite 102-B Elizabethtown, PA 17022 Scott K. Otstot, Plaintiff 310 Hummel Avenue Lemoyne, 13A 17043 (717) 901-6633 ° ? .y r rt _c ?;° na FT, ? ? ca m 5 TJ 9 SCOTT K. OSTOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. ONEWIRELESS WORLD, Defendant TO: Prothonotary NO.2002-CIV-03315 ENTRY OF APPEARANCE: Please enter the appearance of Stephen C. Gierasch, Nicole L. Borda, and Buchanan Ingersoll Professional Corporation on behalf of the Defendant, Entertainment USA, hic. d/b/a One Wireless World in the above-referenced matter, and direct all future correspondence, notices, etc. to me as lead counsel. BUCHANAN INGERSOLL PROFESSIONAL CORPORATION By:e?? Stephen C. Gferdsch I.D. # 81997 Nicole L. Borda I.D. #89214 One South Market Square 213 Market Street 3rd Floor Harrisburg, PA 17101 (717)237-4800 DATE: December 3, 2002 SCOTT K. OSTOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. NO. 2002-CIV-03315 ONEWIRELESS WORLD, Defendant CERTIFICATE OF SERVICE I hereby certify that I served or caused to be served this 3rd day of December, 2002, a copy of the Notice of Appearance upon the party listed below via first class, postage prepaid U.S. mail: SCOTT K. OSTOT 310 Hummel Avenue Lemoyne, PA 17043 b Nicole L r a I.D. #89214 One South Market Square 213 Market Street 3`d Floor Harrisburg, PA 17101 (717)237-4800 Counsel for Entertainment USA, Inc. d/b/a One Wireless World 265148-1;HBG1 r d? C75 r C C ?C p =n ` t71 r, ?t SCOTT K. OTSTOT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff, PENNSYLVANIA V. NO. 2002-CIV-03315 ONE WIRELESS WORLD, Defendant ANSWER OF DEFENDANT ONE WIRELESS WORLD TO COMPLAINT WITH NEW MATTER Defendant Entertainment USA, Inc. d/b/a One Wireless World ("OWW"), by and through its attorneys Buchanan Ingersoll Professional Corporation, files its Answer to the Complaint of Plaintiff Scott K. Otstot as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties engaged in a face-to-face meeting on or around September 1, 2001, which served to specify certain terms in accordance with the written Agent Agreement dated August 29, 2001 (the "Agent Agreement"). A true and correct copy of the Agent Agreement is attached hereto as Exhibit "A." All remaining averments in paragraph 6 are denied. By way of further answer, OWW agreed to pay the Plaintiff eight hundred dollars ($800.00) per month in addition to an amount equal to projected commissions, which it paid to the Plaintiff for the months in question. Such payments were made in accordance with and subject to the terms and conditions set forth in the Agent Agreement. OWW denies that Plaintiff was not paid for all amounts due and owing under the Agent Agreement. 4. Denied. The document referred to by the Plaintiff and attached to Plaintiff's Complaint as Exhibit "B" is a document that speaks for itself, and any characterization of the content or nature thereof by Plaintiff is denied. 5. Denied. The averments in paragraph 5 are conclusions of law to which no response is required. To the extent that a response is required, it is denied that the Plaintiff is due any amount under the Agent Agreement. By way of further answer, the Plaintiff failed to earn commissions sufficient to meet the projected commissions paid by OWW to the Plaintiff for the months in question. WHEREFORE, having fully answered the Plaintiff's Complaint, Defendant Entertainment USA, Inc. d/b/a One Wireless World demands judgment in its favor and against Plaintiff Scott K. Otstot, together with an award of costs and such further relief as the Court deems appropriate. NEW MATTER First Affirmative Defense Plaintiff's claims are barred in whole or part because he has failed to state a claim upon which relief can be granted. Second Affirmative Defense Plaintiff's claims are barred in whole or in part because of his own failure to perform his undertakings. Third Affirmative Defense Plaintiff's claims are barred by the doctrines of accord and satisfaction. Fourth Affirmative Defense Plaintiffs claims are barred by the doctrine of estoppel. Fifth Affirmative Defense Plaintiff's claims are barred by the doctrine of failure of consideration. Sixth Affirmative Defense Plaintiff's claims are barred by the doctrine of laches. Seventh Affirmative Defense Entertainment USA, Inc. d/b/a One Wireless World reserves the right to assert additional defenses as discovery progresses and such defenses become known. WHEREFORE, Defendant Entertainment USA, Inc. d/b/a One Wireless World demands judgment in its favor and against Plaintiff Scott K. Otstot, together with an award of costs and such further relief as the Court deems appropriate. Respectfully submitted, BUCHANAN INGERSOLL PROFESSIONAL CORPORATION By: ;?? *Nicoe Bord I.D. #89214 One South Market Square 213 Market Street 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Date: January 21, 2003 01/20/2003 15:42 7173619819 ENTERTAINMENT USA PAGE 02/02 VER ICATION T, Ch;au 1? guyen, CEO for Entertainment USA, Inc., have read the foregoing document and verify tha the ;facts set forth are true and correct to the best of my knowledge, information and beli,:f. 7 ) the extent that the foregoing document and/or its language is that of counsel, I have relied up( ;I coLtnsel in making this Verification. I understand chat any false statements made herein are subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsv.orn falsification to authorities. By: DATE: JAN 20 2003 15:44 7173619819 PAGE.02 12/06/2002 10:20 7173619819 ENTERTAINMENT USA PAGE 02 AGENT AGREEMENT Between ENTERTAINMENT USA dlbla ONE WIRELESS WORLD (hereafter "Company") 1910 Fruitville Pik: (Suite 7), Lancarter, PA 17601 5cc C i .Sr0 (hereafter 'Agent") _ e RonZ Lew; s be. r ?i 0_3 3 9 1. RELATIONSHIE. Agent agrees to activate cellular service subscriptions for AT&T Wireless Services, Cinguiar Wireless, Nextel, and PSC One through Company on an exclusive basis in the Area. Area Is defined as the State of Pennsylvania, New Jersey, Maryland, District of Columbia, Delaware, New York, and Virginia. It is agreed and clearly understood that Agent is an independent contractor. It Is agreed and clearly understood that Agent is not an employee of Company for federal, state, local, nor any other employee taxes with respect to all commissions and bonuses paid to Agent. 2. TERM AND EXTENSION OF RELATIONSHIP; Term of this agreement will be for an initial term of three (3) years. This agreement w III automatically be extended for successive one-year periods on the same terms and conditions as a. a ir. effect unless either party gives written notice to the other party gives written notice to the other party of its intention to terminate this agreement not less than 30 days prior notice. 3. TERMINATION: Company may terminate this agreement for any reason upon 1 day written notice. Agent may terminate this agreement for any reason upon 30 day written notice. 4. P IES APID PROCEDURES: Agent shall a omply with the requirements and procedures set forth in the Policies and Procedures Manual and as established by the Company, including but not limited to, the processing of service forms and credit applications. Any subsequent p6icy memos from Company become part of the Agent Manual. Agent's sale.; efforts will adhere to the services, rates and coverage offered by AT&T' Wireless Services, Cinguia*r Wireless, Nextel, and PSC One. New promotions will bn faxed c:{ +nailed to Agent as and when Company is informed. S. CUSTOMER RELATIONS: Agent shall provide timely, courteous and efficient service to customers and shall be governed in all dealings with members of the public by the highest standards of honesty, Integrity and fair dealing. Agent will indemnify, defend and hold Company harmless against all liability, costs, expenses, including DEC 06 2002 10:21 7173619819 PAGE.02 12/06/2002 1Z'?? 'i%?aigc? INTER I%iNMENT USA PAGE 03 Company-will a5sist yoll in coordinating any necessary reconciliation with AT&T Wirel_es:_ ervice Cingular Wireless, N xtell, and SC One. 9. PAYMENT SC IED LE 9.1 Agent will be paid as follows: (a) Monthly Activation Bonus (b) Monthly Accessory Bonus (c" Eli-Wecklly A_tiyition Fort" (d) Monthly Extra Bonuses (i.e. Nextrel Donus & Direct Fulfillment Bonus) (e) Annual Activation Bonus Agent will be paid monthly commissions and bonuses on activations between the 10th-15th day of the second month following the month of activation. Agent will be paid annual commissions and bonuses on activations along with the following month of activation. 9.2 Compjgy reserves the right to withhold c missions and bonuses If- (a) Agent stops activating subscriber accounts through Company. The reserve will be held back by Company will equal 180 day rolling average of dollars attributable to deactivated subscribers. (I?; Tf thF Agent's charUer±ack rate Increases o-, Is not within Industry stand<irds. (c) Activation levels are volatile where.Agent substantially reduces the number of activations from previous levels (i.e. Agent activates 200 numbers one month and 30 numbers the next month). (d) Agent is engaged in unethical or fraudulent business practices. 10. CMARGEBACECS & PEN LA_TIES_ 10.1 Agent acknowledges that Commissions and Bonuses are earned only when a customer go ioletgs 181 ,-days of conttnuou5 service and maintains a current account with AT&T Wireless Service. Cingular Wireless, Neftl-and PSG One. s Commissions and Bonuses will bg charged back by Company if Agent' referred customer to Company cancels or terminates service or causes his service to be terminated by Af T Wireless Services Cingular Wireless. NexteL or PS One, for any son. 10.2 Anent will establish strict quality control measures at point of Sale and post sale to diminish the risk of fraud and chargebacks. 10.3 Any genaltieJ: or damages. incurred by Company from AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One or any government entity as a result of Agent's actions or its customer's actions shall be passed on to Agent by Company. 10.4 Anent underftands that it is responsible M " hesechargeba`cks and penal ies/damages. 'these amounts will be deducted directly from commission!; and bonuses. Agent agrees to remain responsible to and to remit to Company within 5 days of receiving fron-, Company the deactivations report and/or notice of penalties/damages and demand for, any amounts due pursuant to this provision, If Agent does not have a sufficient credit balance with Company to permit a set off by Company of amounts due to Agent from Company,, DEC 06 210212 '_.-:2? 7:73619619 PAGE. 03 12/06/2002 10:20 71?.36=9819 EN-,tR1-?NMENT USA PAGE 04 1o.5 Agent's ownelr, assuming oe i the event Aaer Agreement e?i will continue :L accounts acti?r Iorincipals aaree to sign a personal guaranty Dnal responsibility for ch raebac s and penalties damages it does no pay within 5 days as indicated above If this Ages sires or is terminated, the Anent and guarantor in each ans n? a remain Ilahlefor any chargebackS nenalties damages On atqd_by th_em 11. QQNFIDENTIlkLL? Agent ackrowledge? that it is, and/or wiH be in receipt of certain confidential proprietary information resting to Company and /or, i??cludir?g i?ur ?viict?dct 3i?tiSialic:?cc, itsrs of Ct:Stom6trs and prospective customers, financial and business information that is not generally known to the public relating to Company and AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One (collectively, "Confidential Information'). Agent further acknowledge; that the disclosure or improper use of such Confidential Information would cause irreparable injury to Company and AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One. Agent agrees that during the term of this agreement, and for a period of one (1) year beyond the term of this agreement, It will nor directly or Indirectly, without the written consent of Company z nd AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One, as the case may be, divulge, use or disclose in any way Confidential Information. Agent further agrees to advise all that are associated with AGENT to prevent the disclosure or improper use of Confidential Information. 12, CONVENANT NOT TO COMPETE Whereas in consideration for the time, effort and monies Company spent to train, familiarize, induct, acclimate, teach and initiate Agent into the cellular or other wireless telephone business or any .other business related or unrelated to the cellular or other wireless telephone business or a ny business that is associated in any way with the wireless data or voice communication business, Agent agrees that during .the term of this agreement, a nd any extensions thereof, neither Agent, nor any person, firm, corporation cir any other entity, affiliated with, owned in whole or in part by, employed by, or otherwise connected with Agent, shall directly or Indirectly, without the express written consent of Company, enter into any agreement or understanding or any employment, agency or other relationship with AT&T Wireless Serfices, Cingular Wireless, Nextel, and PSC One or any agent, retailer, reseller, or any representative what so ever of such AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One Wireless Services or offer to sell Service un behalf of any carrier of Service in any area that Company has established a contractual relationship with AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One In the ("AREA") and for a period of one (1) year thereafter. Company will seek legal remedies to the fullest extent of the law and in equity for any violation of the above. Agent agrees to be responsible for all legal fees of Agent If such legal action is taken. This agreement I!; only for AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One or 21ny other name theymay change to in the future or the length of this agreement. 13. Obligations-10 Agent Upon Term i n or Expiration Ueon the expiration or termination of this Agreement for any reason, Agent and its owner(s) and Affiliates must (a) discontinue the use of all marks, such as signs, logos, stationary or business cards and must return to COMPANY all materials containing any Mark or otherwise identifying or relating to Company's business (b) cease representing themselves in any fashion as an DEC 06 2002 10:22 7173619819 PAGE.04 12/06/2002 10:20 7173619@19 ENTERTAINMENT USA PAGE 09 Authorized Ailent or representative of Company (c) return to Company or destroy those documents, records or other materials (including, without limitation to, all copies, either photocopies or computer copies), which were provided to Agent by Company or which contain any Confidential Information of Company and (d) not solicit, directly or indirectly any of Company's Customers to terminate their relationship with Company for one year. xa. COLLATERA ADD SiGNP_G¢ MATE IAL Agent will only receive AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One point of sale materials (brochures and applications). 15. TRADEMARKS AND TRADENAME Agent may represent that It Is an Authorized Agent of One Wireless World. Entertainment USA, Inc. d/b/a One Wireless World is an Authorized Agent/Dealer for AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One. 16. COLLATERAI. AND SIGN 4E MATERIAL Agent will on ly recelve AT&T Wireless Services, Cingular Wireless, Nextel, and PSC One point of sale materials (brochures and applications) from Company. 17, IMPOSSIBILM OP PERFORMANCE: Neither Company nor Agent shall be liable for loss: or damage or deemed to be in breach of this agreement if its f*iiluTe to perform its obligation, results from. (1) compliance with any law, ruling, order;. regulation, requirement or hw;truction of any federal, state or municipal government or any department or agency thereof or any court of competent jurisdiction: or (2) acts or omissions of the other party; or (3) severe weather conditions, fires, strikes, embargoes, war, warlike conditions, insurrection or riot. Any delay resulting from any of said causes shall extend performance accordingly or excuse performance, in whole or In part, as may be reasonable in the circumstances. 18. MM SC?'.OU 18.1 Company shall in no event be liable to Agent for special, indirect or consequential damages of any kind, whether as a result of a loss by Agent of present or prospective profits, anticipated sales, expenditures, investments, commitments made in connection with this Agreement, or on account of any other reason or cause whatsoever. 18.2 Agent and Company hereby agree to defend and hold each other harmless for all liability, costs, expenses, including reasonable attorneys' fees and disbursements, claims, demands or suits arising from their negligent, willful, fraudulent acts, with respect to the performance of its' obligatlons hereunder, provided that prompt written notice Is given to the indemnifying party of such claim. Eithe r party shall have the right to defend with counsel of its choice, any such claim In which It is named as a defendant. This indemnity shall continue ip-fwll Tarce and effect Cubsegugnt to?nd notw?ndinfl exp on or termination of this AgreeRlei2L_ X8.3 With the ex.:eption of the personal guaranty signed by and its principals to cover charg ebacks, this agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other oral or written understandings or agreements between the Agent and Company DEC 06 2002 10:.22 7173619819 PAGE.05 .12/06/2002 10:20 7173619819 ENTERTAINMENT USA PAGE 06 relating to the subject matter hereof, and this agreement supersedes all prior negotiations, communications and agreements between the parties hereto with respect to the subject matter hereof. 18.4 It is agreed that this agreement for the purposes of construction is to be deemed jointil ' r drafted by Agent and Company so that the consequence of any ambiguity therein will not be interpreted against any party as drafter. 18.5 A photocopy andfor a facsimile of this agreement shall be as valid as the original. AGRJEEi) T A41 jQg??EPT ED• AGENT Agent Name Wiz. oT I • K O i s i U 1 Agent Signature -O Agent Printed Signature SCo'r'T- r U'rS 1 o Title _ `L Date Witness Signature ---1?- _-? -- Witness Printed Signature C 'y' J"/ C' vY? n/ DEC 06 2002 10:22 7173619619 PAGE.06 Witness Signature C- Witness Printed Signature IN iJG ?l ?N - -1 06/2002 10:20 7173619819 ENTERTAINMENT USA PAGE 07 PERSONA, GUARANTY (Hereinafter "Agent" ), located at, understands and acknowledges that F.ntertaintr?ent USA, Inc. d/b/a one Wireless World (Hereinafter "'Company") pays Agent commission on all cellular activations betwi:en the 10'h and 15h day of the second month following the month of activation. This commission is not earned until the wireless customer completes 181 days of continuous service and maintains a current account with AT&T Wireless Services, Cingu ar Wireless, N=el, and PSC One. The commission is charged back by AT&T'Nireless Services, Cingular Wireless, Nextel, and PSC One if the wireless customer cancels or terminates his service or his service is cancelled or terminated by AT&T Wireless SeMces, Cingular Wireless; Nextel, and PI C One for any reason, before 181 days of continuous service. Agent understands that it is responsible for these chargebacks and Company will deduct these chargebacks from the credit balance of any activations commissions then owing. Agent nevertheless agrees to remain responsible to and to remit to Company) within 10 day; of the receipt of any deactivations report, the amounts due pursuant to the chargebacks if Agent does not have a sufficient credit balan.x?rrtr, Ooxnpany to permit a set off by Company as described above. A t also ZVI yruent far all rimless equipment purchased from Company. aere'-:y gaarimees 2nd personally undertakes to be personally resp nsible for the payment of 1 amounts due to Company from Agent on account of any chargebacks and/or any outstanding balance for wireless equipment purchased from Company. Guarantor will pay this amount by certi5ed check, postal money order or cash witban 10 days of receiving the Deactivations report oz Balance Due Notice. This Personal Guaranty will be in effect for as long as the Agent Agreement with Agent is in effect, including any renewals and eaten Lions thereof. However and in spite of the foregoing, if the Agent Agreement expires or is terminated, the Aget?t and Guarantor in each instance will continue to remain liable for any chargebacks accounts activated by them during the terra of these agreements as well as any outstanding balances on wireless equipment purchased from Compan-. If Company is ioreid to ake legal 3cr?:n m t ruo??c ics ci?ht h?.< a td r. Agent and/or Guarantor agree to pay the costs thrTp-,7f, inC-o.'ing bat not limited i? ri. ?-.nable attor.!.ey's P°es; court costs, and other costs of collections. A photocopy and/or facsimile copy of this guaranty shall be as valid as the original. Agent Name By Printed Signature Title Date STATE OF S& COUNTY OF ) Cniarantox Name Sc--y TT Or !Gufaraintox Signatur Social Secu=rity umber 4 -e--j -0 r - Date On this _.__ day of , 20_, before me personally came , to me lmown and lmown to r.ie to be the individual described in and who executed the foregoing instnnment and be acknowledged to me t1at he executed the same. Notary Public DEC 06 2002 10:22 7173619819 PAGE.07 SCOTT K. OTSTOT Plaintiff, V. ONE WIRELESS WORLD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2002-CIV-03315 CERTIFICATE OF SERVICE I hereby certify that I served or caused to be served this 21 st day of January 2003, a copy of the Answer upon the parties listed below via first class, postage prepaid U.S. mail: Scott K. Otstot 310 Hummel Avenue Lemoyne, PA 17043 Ronald D. Butler, Esquire, Butler Law Firm 500 N. Third Street, 12th Floor Harrisburg, PA 17101 by icole L. Bo I.D. #89214 One South Market Square 213 Market Street 3rd Floor Harrisburg, PA 17101 (717) 237-4800 Counsel for Entertainment USA, Inc. d/b/a One Wireless World t- _ `, a i"t -- , i?, ___ ?' (_ _y `_ - ,.;? .. W.a .. ??' ``_t' -*= _` SCOTT K. OTSTOT IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2002-CIV-03315 ONE WIRELESS WORLD, Defendant CIVIL ACTION - LAW REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Scott K. Otstot, and files this Reply to Defendant's New Matter, and in support thereof avers as follows: First Affirmative Defense. Denied. This is a conclusion of law to which no response is required. Second Affirmative Defense. Denied. This is a conclusion of law to which no response is required. Third Affirmative Defense. Denied. This is a conclusion of law to which no response is required. Fourth Affirmative Defense. Denied. This is a conclusion of law to which no response is required. Fifth Affirmative Defense. Denied. This is a conclusion of law to which no response is required. Sixth Affirmative Defense. Denied. This is a conclusion of law to which no response is required. Seventh Affirmative Defense. Denied. This is a conclusion of law to which no response is required. WHEREFORE, Plaintiff, Scott K. Otstot, respectfully requests this Honorable Court to enter judgment for Plaintiff and against Defendant, Entertainment USA, Inc. d/b/a One Wireless World, in the amount of $6,710.00 plus interest and costs of this suit and grant all such other relief as it proper and just. Respectfully submitted, lfi-krwr Scott .Otsto 310 Hummel Avenue Lemoyne, PA 17043 VERIFICATION I, Scott K. Otstot, Plaintiff herein, hereby certify that the facts set forth in the foregoing Reply to New Matter are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 4Otstot Dated: '11510 SCOTT K. OTSTOT Plaintiff V. ONE WIRELESS WORLD, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-CIV-03315 CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Scott K. Otstot, hereby certify that on the 10th day of 2003, I served a true and correct copy of the foregoing Reply to New Matter by depositing same in the United States Mail, postage prepaid in Harrisburg, Pennsylvania, addressed as follows: Nicole L. Borda Buchanan Ingersoll One South Market Square 213 Market Street, 3rd Floor Harrisburg, PA 17101 _U 1 S tt K. Otstot, Plaintiff r ?? S_.?' c'°'l ?_ ?..?. ,? "'7 C. > _ ..r --- ._ , ,_...' a' C. ..,?k ? 1'?-?. .. ? ? ? ? ? ? Curtis R. Long Prothonotary Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor C_ ,2- - -331S CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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 Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573