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Home My WebLink About01-1235MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 Post Office Box 30477 Philadelphia, Pennsylvania (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 THIS IS AN AH~I',"Ha t ~UN ~J~SE tSNOTL~RED ATTOP, NEY FOR PLAINTIFF Yoder Brothers Inc. 19103-8477 : NO. COMPLAINT CIVIL ACTION COT/RT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION 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 HELR Name Address City CUll~nT.,~Xl]) COT)~ ~ ASSOCIATION 2 LIBERI~ AVEz4UI~ CARLISLE, PA 17013 Tel, No, (717) 249-3166 The Plaintiff above named, hereinafter referred to as "Plaintiff,,, claims of the Defendant above named, hereinafter referred to as "Defendant", the sum of $2,043.92 with interest thereon, upon the following cause of action: 1. Plaintiff is Yoder Brothers Inc. Greenhouses Inc. Defendant(s) is Davis 2. At the special instance and request of Defendant(s), Plaintiff sold and delivered to Defendant(s) goods and merchandise, at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A". 3. Defendant(s) received and accepted the goods described in Exhibit "A". 4. The prices, including service and/or other charges, if any, which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant(s) agreed to pay. 5. Ail credits, if any, to which Defendant(s) is entitled are set forth in Exhibit "A". 6. Although demand has been made, make payment of the amount due as above. Defendant(s) has failed to WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $2,043.92 with interest at 18% from August 26, 2000 and costs. )st Office Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 -2- and that the facts set forth in the foregoing COMPLAINT knowledge, statement is made s~bject relating to unsworn falsification to authorities. are tl~/e a//d correct to the best of %nformation and belief, and that this to the penalties of 18 Pa. C.S.A. 4904 Dated: REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PI'I-rSBUR~H, PA. 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 Statement Date 09/06/2000 Customer Number. 103101 A monthly finance charge of 1.5% will be charged o'n past due amounts. Document Reference Date Number Amount Curr Due Date Text 03/08/2000 0090077088 331.38(~ 03/24/2000 0090073258 81.5!~ 03/24/2000 0090067601 26.60(,~ 03/29/2000 0090077088 80.5~ 05/05/2000 0090093975 1,040.00~V USD 07/28/2000. CK 6396 81.5~ USD 02/27/1999 2100004314 7.75 USD 04/03/1999 2100004859 26.79 USD 05/01/1999 2100005582 32.35 USD 05/29/1999 2100006321 26.72 USD 07/0311999 2100007105 24.69 USD 07/3 I/1999 2100007983 I. 59 USD 08/28/1999 2100009151 3.17 USD 10/02/1999 2100009355 2.01 USD 10/30/1999 2100009741 1.65 USD 11/27/1999 2100010105 1.59 USD 01/01/2000 2100010437 2.01 USD 01/29/2000 2100010718 1.65 USD 04/01/2000 2100011361 8.97 USD 04/29/2000 2100011796 40.00 USD 05/27/2000 2100012304 48,69 USD 07/01/2000 2100012766 128.66 USD 07/29/2000 2100013226 21.84 USD 08/26/2000 2100013650 22.16 USD USD 04/07/2000 USD 04/23/2000 USD 04/23/2000 USD 04/28/2000 06/04/2000 FRT/DM 90083762 FRT/DM 90083746 FRT/DM 90083670 DED 90083762-S/B PAID Feb '99 Finance Charges Mar '99 Finance Charges Apr '99 Finance Charges May '99 Finance Charges Jun '99 Finance Charges Jul '99 Finance Charges Aug '99 Finance Charges Sep '99 Finance Charges Oct '99 Finance Charges Nov '99 Finance Charges Dec '99 Finance Charges Jan '00 .Finance Charges Mar '00 Finance Charges Apr '00 Finance Charges May '00 Finance Charges Jun '00 Finance Charges Jul '00 Finance Charges Aug '00 Finance Charges USD Balance as of 09/06/2000: 2;043.92 Aging as of 09/06/2000: Current 1 to 30 31 to 60 61 to 90 91 to 120 Over 120 Amount USD 402.29 0.00 81.55 O.00 1,040.00 520.08 Yoder Brothers, Inc., P.O. Box '230, Barberron, Ohio 44203 {330) 745-2143 1-800-321-9573 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 Number / Date 90077088 / 03/08/2000 Customer number 103101 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Quantity Container/Form Group Type Series Materi~l Description Currency: USD Price Each Value Purchase Order: Order:B340315 140 72 TRAY TUBEROUS 140 72 TRAY TUBEROUS 140 72 TRAY · TUBEROUS 140 72 TRAY TUBEROUS 140 72 TRAY TUBEROUS 140 72 TRAY TUBEROUS NON-PRODUCT ITEM Week Wantad:02/14/2000 Ship-to:SHIPPENSBURG PA BEGONIA NON STOP BRT RED 0.3695 51.73 BEGONIA NON STOP PINK 0.3695 51,73 BEGONIA NON STOP RO~E PINK 0.3695 51.73 BEGONIA NON STOP SALMON 0.3695 51.73 BEGONIA NON STOP SCARLET 0.3695 51.73 BEGONIA NON STOP YELLOW 0,3695 51.73 BROKERED PRODUCTS SHIPPING BOX CHARGE 21.OOO0 21.00 841 Total Product THANK YOIJ FOR YOUR BUSINESS Amount Due Now 331.38 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90077088 / 03~08~2000 103101 GEORGE MCFARLANE 331.38 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Number / Date 90083670 / 03/29/2000 Customer number 103101 'Reference No. / Debit Memo Request 7088 / 70,001939 Currency: USD Quantity Container/Form Group Type Series Material Description Pric'e Each Value Purchase Order: 1 Order:B340315 Week Wanted:02/14/2000 Ship-to:SHIPPENSBURG PA FED EX CHGS 3BXS SHPD FRM FOUR STAR 80.55 1 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 80.55 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7623 90083670 03~29~2000 103101 GEORGE MCFARLANE 80.55 492857224 Air Waybill Details 456062310034 WedFeb 16, 2000 YODER340315 Qty: 1 Wt 27.0lbs 33.00 )'OUR STAR GREENHOUSE Dims 24xlgx14in JULIE SMITH 1199 W SIGLER RD CARLETON MI 481179580 DAVIS GREENHOUSE FRONT DESK 103 HAMMOND ROAD SHIPPENSBURG PA 172570000 Fri Feb 18, 2000 at 3:51pm Third party / 179532808 [.DAVIS ~lis~ Charge Description Amount Misc 3iscount -15.33 AA Primary service next day by 1030am ?uel fee 2.1 rip ~ype PowerShip Service Ty~e EC FedEx 2nd day 913 Pie~ea/~Yeight lpcs 33.0lbs 25.44 O.OC Payment 25.4~ Sent 03222000 TNWK08WK09 492857224 Air Waybill Details 456062310045 Wed Feb 16,2000 ¥ODER340315 thipper'~ Acldress ~ackage lnJormatlon ~ty:l Wt 27.0lbs 33.00 ?OUR STAP, GREENHOUSE Dims 24x19x14in [ULIE SMITH [ 199 W SIGLER RD CARLETON MI 481179580 Recipient's ~laffre~ DAVIS GREENHOUSE FRONT DESK 103 HAMMOND ROAD SI-IIPPENSBURG PA 172570000 ?ri Feb 18, 2000 a~ 3:51pm Third party / 179532808 [.DAVIS ~lisa Charge DescriPtion Amount Misc ~)iscount -15.33 AA Primary service next day by 1030am PowerShip EC FedEx 2nd day 913 lpcs 33.0lbs 23.34 0.00 Payment 23.34Sent 03222000 'rNWK08~09 456062310056 Wed Feb 16, Invoice Number 492857224 Air Waybill Details 40315 · GREENHOUSE SIGLER RD MI 481179580 7.01bs 33.00 9x 14in ~REENHOUSE DESK HAMMOND ROAD URG PA 172570000 18, 2000 at 3:51pm Third party / 179532808 -15.3q AA Primary service next day by 1030am PowerShip EC FedEx 2nd day 913 lpca 33.0lbs 23.3 0.0~ o TNWK0gWK09 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Quantity Container/Form Group Type Series Number / Date 90083762 / 03/24/2000 Customer number 103101 Reference No. / Debit Memo Request 90073258 / 70001613 Material Description Pricb Each Value Purchase Order: ! Order:B340337 Week Wanted:01/24/2000 Ship-to:SHIPPENSBURG PA FED EX CHGS 4BXS SHPD FRM EURO AM 81.5§ 1 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 81,55 REMIT TO: YODER BROTHERS, INC. P.O, BOX 371633 PITTSBURGH, PA 15250-7633 90083762 / 03/24/2000 1031O1 GEORGE MC. FARIANF 81.55 REMIT TO: YODER BROTHERS, INC. P,O. BOX 371633 PITTSBURGH, PA 15250-7633 Number / Date 90073258 / 02/23/2000 Customer number 103101 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Currency: USD Quantity Container/Form Group Type Series Material Description Prics Each Value Purchase Order: Order:B340337 Week Wanted:01/24/2000 Ship-to:SHIPPENSBURG PA 58 58 58 58 58 58 58 82 82 82 1 1 E8 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER 58 TRAY FUCHSIA · EUROSELECT CALIFORNIA DREAMER 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER E8 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER 58 TRAY FUCHSIA EURQSELECT CALIFORNIA DREAMER 84 TRAY FUCHSIA EUROSELECT 8¢ TRAY FUCHSIA EUROSELECT 84 TRAY FUCHSIA EUROSELECT NON-PRODUCT ITEM BROKERED PRODUCTS NON-PRODUCT iTEM BROKERED PRODUCTS BELLA ROSELLA 0,4900 28,42 CIRCUS SPANGLES 0.4900 28.42 DEEP PURPLE 0.4900 28,42 EUREKA RED 0.4900 28.42 FLAMENCO DANCER 0,4900 28.42 PEACHY 0.4900 28.42 ROCKET FIRE 0,4900 28.42 SNOWBURNER 0,4900 28.42 LEII~EPERLE 0.3600 29.52 LOHN DER LIEBE 0.3600 29.52 NICI'S FINDLING 0.3600 29.52 BOX CHARGE 15,0000 15.00 ROYALTY 40.8600 40.86 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 1§250-7633 90073258 / 02/23/2000 103101 GEORGE MCFARLANE 371.78 REMIT TO: YODER BROTHERS, iNC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Date / Doc. no. Page 02/23/2000 / 90073258 2 Product: BROKERED PRODUCTS Currency: USD Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order: Order:B340337 Week Wanted:01/24/2000 Ship-to:SHIPPENSBURG PA- 712 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 371.78 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 · PITTSBURGH, PA 15250-7633 90073258 / 02/23/2000 103101 GEORGE MCFARLANE 371.78 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PIq-FSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Number / Date 90083746 / 03/24/2000 Customer number 103101 Reference No, / Debit Memo Request 90067601 / 70001611 Product: ~ROKE~E~ PRODUCTS /ld~,.~,f~J~:~~v~..~..,~..~'.~' ~' '~U,'~. /,~,..,-x'.-.-~. ¢_,~'~ Currency: USD Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order'. Order:~340314 Wee~ Wamed:01/lO/2000 S~ip-to:SHIPPENS~URO ~A FED ~X CU~S ~aX S~P~ FR~ POSSU~ ~UU ~S.SO 1 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 26.60 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PI3-FSBURGH, PA 15250-7633 90083746 / 03/24/2000 103101 GEORGE MCFARLANE 26.60 REMIT TO: YODER BROTHERS, INC. P.O, BOX 371633 PI'I-rSBURGH, PA 15250-7633 Number / Date 90067601 ! 01/27/2000 Customer number 103101 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Currency: USD QuantiW Container/Form Group Type Series Material Description Price Each Value Purchase Order: Order:B340314 Week Wanted:01110/2000 Ship-to:SHIPPENSBURG PA 300 BROKERED PRODUCTS 0.2200 66.00 250 CUSTOM ITEM BROKERED PRODUCTS 0.2200 55.00 500 UNROOTED FUCHSIA · TRAILING 0.2200 110.00 250 UNROOTED FUCHSIA TRAILING 0.2200 55.00 250 UNROOTED FUCHSIA UPRIGHT 0.2200 55.00 CUSTOM ITEM URC FUCHSIA MARINKA URC FUCHSIA SOUTHGAT DK EYES SWINGTIME BLUE EYES 1,550 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 341.00 REMIT TO: YODER BROTHERS, INC, P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90067601 / 01/27/2000 103101 GEORGE MCFARLANE 341,00 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 Number / Date 90093975 / 05/05/2000 Customer number 103101 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Currency: USD Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order: Order:B340615 Week Wanted:04/24/2000 Ship-to:SHIPPENSBURG PA I NON-PRODUCT ITEM BROKERED PRODUCTS FREIGHT -130.000 130.00 1 NON-PRODUCT ITEM BROKERED PRODUCTS ROYALTIES -113.750 113,75 250 UNROOTED POINSETTIA , SPRING/STOCK WHITESTAR 0.2450 61.25 1,500 UNROOTED POINSETTIA SPRING/STOCK SONORA FIRE 0.2450 367.50 1,500 UNROOTED POINSETTIA SPRING/STOCK SONORA RED 0.2450 367.50 3,252 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 1,040.00 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371~33 PITTSBURGH, PA 15250-7633 90093975 / 05~05~2000 103101 GEORGE MCFARLANE 1,040.00 08/~0/~800 88:iS @834151~0§ FISCHER USA .BUG-30~O0 WED 11:14 FI$OHER USA, FLORIDA F~ NO. 954 4415488 PAGE 82/0~ P. 02 pASE 82/BS August 30, 2000 FISCHER USA INC 17548 SW 28TH CT MIRAMAR, FL 330295564, Dear FISCHER USA IHC: :. Our records reflect the following delively Informatlo 1 for the shipment with the tracklng nu~ ~ber 470258423813. DELIVERY INFORMATION: Shipping Irdbrlllat~oq: .Shipment Reference Information: 80 4?0:Z$~423813 ~ D~te: ~1 ~. 2000 17548 S~ ~ R~i~ ,~ ~0~ ~ ~ ~ 33029~5~ ~~ ~A 8001 Thank you for choosing FedF. x Express. We look f ~rward to working with you In the future FedEx Wotkiwide Customer Service 1-800-GO-FEDEX Reference No: EOR WEB 08/~0f2000 08:4t:22 by 190,82.B3.'J47 This Information Is provided sub.lad to the FedEx ~<;ervlce Guide, 08(,~0/2000 88:19 .RULJ-~U~UU W~.D 7,! ~ ! 4 _e~2e/2~ee '~e,~s $03415[605 FISCHER USA~ FLOR[DA a544~72617 FISCHER USA F¢~ H0, 954 4415498 ~ u.Lc~X OI~CALL PA~E 83/85 August 80, 2000 .FISCHER USA IN¢ 11848 SW 28TH CT MIRAMAR, FL 330295564 Dear FISCHER USA INC: Our records raflect 1he following delivery Informatlo ~ for the shipment with the tracking nur'~ber 470258423824. DELIVERY iNFORMATION: Shipping Information: shipment Reference Information: 80 Thank you for ahooslng FadEx Express. We look f)rw-~:l to working With you In the future FedEx Worldwide Customer Service 1-~3C~GO-FEDEX Reference No: EDR WEB 08/30/2000 08:42:18 by 199.~2.53,147 Thls information la provlded sUbjeot to the FedEx <,;ervlce Guide. 08/30/~000 08:i9 30341~60S FISCHE~ USA PAGE 04/0~ AU~-20-O0 ~D 11:14 FISO~ER DS~ FLORID~ F~ NO, 954 4415498 ?, 04 August BO, 2000 Fischer Geranlurrm USA Dear Fischer Geraniums USA Inc4 Our records reflect the following delivery informatlo 1 for the shipment with the tmoklng number 47O258423835. DELIVERY INFORMATION: D~d to: 6011 D~wryDm~; April 2l, zoO0 D~v~yTlme: 08:4~ A~ Shipping Inform~on: Tx~ckin~ No: 47025,~423835 $]~p D~tc: ABrI1.2~, ~.00 ) Thank you for choosing FedEx Express. We look t ~ to Working with you In the future FedEX Werldwide Customer serVice i-BOO-GO-FEDEX Reference No: EDR WEB 08/30/2000 0a:44.:02 by 19g.82.63d 47' This information Is provided subje~ to the FedEx .~,ervi~e Guide. FISCHER USA F~X NO, 954 4415~98 ~ 13HECALL PA~E 85/85 P, 0~ P~E 85/85 August 30, 2000 FI$OHER U~ INC 17548 SW 28TH CT MIRAMAR, FL 330295564 Dear FISCHER USA INC. Our records reflect the following delivery Informatio ~ for',he sh~pmentwith the tracking nur'loer 47O258423846. DELIVERY INFORMATION: Shj'pplng Information: Shipment Reference Information: 80 T~o~c~To,.' 4T025,'/42314~ ~P~a: ~125,2000 lq,SClql~C USA ~E'~C ~)AV~ OREglgI~US.BS · gaap, er:. 17545 $W 28TK CTla,~pt~ t03 HAMMC)~,~ RO.~D ~,A ~ ~L 330~5~4 ~P~ ~A 80016 Thank you for choosing FedEx Expras,~ We Iook f ~nvan;I to working with you in t~e futur~. FedEx Worldwide Customer 8e~vtce , · 1-800-GO-F£DEX Referenoe No: EDR WEB 08/30/2000 08;44:38 by 199.82.63.147 This InformalJon ie provided subject to the FedExi~enflce Guide. DAVIS. GREEhlHOUSE INC. PH. 717-532-2263 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 TRUST o..o, **, 1450 PAY TOT~ YODER BROTHERS O~E~ oF P.O. BOX 230 BARBERTON OH THREE HUNDRED FORTY ONE AND N0/100 05/07/00 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90067601 / O1/27/2000 103101 GEORGE MCFARLANE 341.00 J · D~VISGREENHqUSEIH~ YODER BRO'rHERS Date Tran~. No. 0~/07/00 6.089 Descriot io~ Vend. Ir, v.# Gr c,m s Disc Net PLANTS 341,00 0,00 341,00 Totmlm: . 341,00 0.00 341.00 Mellon- ' Bank 07~6331633285 2 038 10 ~/~ ........ SHERIFF'S CASE NO: 2001-01235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YODER BROTHERS INC VS DAVIS GREENHOUSES INC RETURN - REGULAR GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS GREENHOUSES INC the DEFENDANT , at 0015:25 HOURS, at 103 HAMMOND ROAD SHIPPENSBURG, PA 17257 MARK DAVIS (PRESIDENT OF on the 12th day of March , 2001 by handing to CORPORATION) 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 12.40 Affidavit .00 Surcharge 10.00 .00 40.40 Sworn and Subscribed to before me this 2~--- day of ~ ~; A.D. ! P~rot honotary So Answers: R. Thomas Kline 03/14/2001 MORRIS & ADELMAN Deputy S~riff Yoder Brothers, Inc. PO Box 371633 Pittsburgh PA 15250-7633 VS. Davis Greenhouses, Inc. 103 Hammond Road Shippensburg, PA 17257 Court of Common Pleas Cumberland County Civil Division No. 01-1235 Civil Term ANSWER TO COMPLAINT AND NOW comes Davis Greenhouses, Inc., the Defendant in the above-captioned matter, by and through its attorneys, Weigle, Perkins & Associates, and answers the Plaintiff's Complaint as follows: Admitted Admitted in part. Denied in part. It is admitted that certain goods were ordered and paid for by Defendant. It is specifically denied that all of the goods and merchandise listed in Plaintiff's Exhibit "A" were ordered by Defendant and delivered by Plaintiff to Defendant's place of business and direct proof to the contrary is hereby demanded at trial. Denied Defendant's answer to paragraph 2 of the Complaint is incorporated herein by reference hereto. Admitted in part. Denied in part. It is admitted that the prices listed for the goods described in Exhibit "A" are fair and reasonable. By way of further answer it is specifically denied that Defendant agreed to pay any price whatsoever or service and/or other charge for goods it never received nor did it ever agree to pay interest at the rate of eighteen (18%) percent per annum. WEIGLE, PE;RKIN$ & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KING STREET -- SHIPPENSBURG, PA 17257-1397 De~ed. The Defendant has not been given credit for goods which are stated as having been ordered by Defendant which were never delivered. Admitted WHEREFORE, the Defendant respectfully prays that this Honorable Court deny the relief sought by the Plaintiff in this action and find in favor of the Defendant and dismiss said action with prejudice to the Plaintiff. Respectfully submitted: WEIGLE, PERKINS & ASSOCIATES Weigle, Esquire omey I.D. #01624 · Ruane, Esquire Attorney I.D. #71577 Attorneys for Defendant 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 Yoder Brothers, Inc. PO Box 371633 Pittsburgh PA 15250-7633 Davis Greenhouses, Inc. 103 Hammond Road ShippenSburg, PA 17257 Court of Common Pleas Cumberland County Civil Division No. 01-1235 Civil Term VERIFICATION I, Mark Davis, state that I am the President of the Davis Greenhouses, Inc., the Defendant herein, that I am authorized to make this affidavit on its behalf and that the facts set forth in the foregoing Answer to Complaint are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for unswom falsification to authorities. WEIGLE, PERKINS & ASSOCIATES -- ATTORNEYS AT LAW -- 126 EAST KIN6 STREET SHIPPENSBU~G. PA 17257-1397 Yoder Brothers, Inc. PO Box 371633 Pittsburgh PA 15250-7633 VS, Davis Greenhouses, Inc. 103 Hammond Road Shippensburg, PA 17257 Court of Common Pleas Cumberland County Civil Division No. 01-1235 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Dated: Please enter my appearance on behalf of the Defendant, Davis Greenhouses, Inc. Je Esquire Attorney for Defendant Attorney I.D. #01624 Weigle, Perkins & Associates 126 East King Street Shippensburg, PA 17257 (717)532-7388 WEIGLE, ~EF~K]I~S & AS$OCLt~TES -- ATTORNEYS AT LAW -- 126 EAST KIN~ STREET -- SHIPPENSBU~RG, PA 17257-1397 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P.O. Box 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE, THE JUDGES OF THE SAID COURT: Plaintiff comes, by its attorneys, Morris & Adelman, P.C., and moves the Court for Summary Judgment pursuant to Pa. R.C.P. 1035, and hereby assigns the following reasons therefor: 1. This action was commenced on or about March 02, 2001 with the filing of a Complaint, a copy of which is attached as Exhibit "A" and incorporated by reference. 2. An Answer, a copy of which is attached as Exhibit "B" and incorporated by reference was filed thereto. 3. On April 23, 2001, Plaintiff forwarded to Defendant's counsel, two (2) copies of Plaintiff's Request for Admissions via certified mail, return receipt requested. A true and correct copy of the transmittal letter is annexed hereto as Exhibit "C" and a true and correct copy of the Request for Admissions is annexed hereto as Exhibit "D". 4. Defendant's counsel indicated by mail his receipt of said Request for Admissions on April 27, 2001, a true and correct copy of which is annexed hereto as Exhibit "E". 5. Defendant's counsel failed to answer or object to Plaintiff's Request for Admissions. 6. Requests for Admissions not answered within thirty (30) days are deemed admitted for the purpose of suit and supersede the pleadings filed herein. 7. By Request for Admission No. 15 the Defendant has admitted the truth of the matters of Plaintiff's Complaint. 8. Therefore, no issue of genuine fact remains with respect to Plaintiff's Complaint. -2- WHEREFORE, Plaintiff moves the Court to enter summary judgment in favor of the Plaintiff and against the Defendant for $2,043.92 with interest at 18% from August 26, 2000 or a total $2,424.08, with costs of suit. MO IS &ADE , .C. BY: ~ ~ W. QUIRE / Attorneys For Plaintiff -3- MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 PO BOX 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 VERIFICATION JAMES W. ADELMAN, ESQUIRE, states that he is Attorney at Law of Morris & Adelman, P.C. and that the facts set forth in the foregoing Plaintiff's Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. MO IS & EL . C. W SQUIRE A~t~rneys For Plaintiff Post Office Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 DATED: June 6, 2001 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 Post Office Box 30477 Philadelphia, Pennsylvania (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 ~6~E,.%~cNT~ ~S H~ ~T~IR~ ATTO~Y FOR P~I~IFF Yoder Brothers Inc. 19103-8477 : NO. OI --/2aS COMPLAINT CIVIL ACTION COURT OF COMMON CU~H~ERLAND CoUNTY2~, CIVIL DIVISION 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 appoaren(;e parsona;ly 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 HELR Name Address C~ty CT])~B~'T-A*IID COuBfEI BAR A.q$0CTA'I"[0N 2 LIB~"R'FT AVEI~E ~ARTf'[~, PA 17013 Tel. No. (717) 249-3166 The Plaintiff above named, hereinafter referred to as "Plaintiff", claims of the Defendant above named, hereinafter referred to as "Defendant", the sum of $2,043.92 with interest thereon, upon the following cause of action: 1. Plaintiff is Yoder Brothers Inc. Greenhouses Inc. Defendant(s) is Davis 2. At the special instance and request of Defendant(s), Plaintiff sold and delivered to Defendant(s) goods and merchandise, at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A". 3. Defendant(s) received and accepted the goods described in Exhibit "A". 4. The prices, including service and/or'other charges, if any, which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant(s) agreed to pay. 5. All credits, if any, to which Defendant(s) is entitled are set forth in Exhibit "A". 6. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. W~EREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $2,043.92 with interest at 18% from August 26, 2000 and costs. B'~I~S W~SQUIRE 'p~ts~r~Yf~ceFO~oxPl~ff Philadelphia, PA 19103-8477 (215) 568-5621 -2- ~ER!~IC~TION and that the facts set forth in the foregoing COMPLAINT are tlm/e and correct to the best of /~E~ knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. ~904 relating to unsworn falsification to authorities. Dated: REMIT TO: YODER BROTHERS, INC. P.O. BOX 371833 PITTSBURGH, PA. 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENS8URG PA 17257 Statement Date 09/06/2000 Customer Number, 103101 A monthly finance charge of 1.5% will be charged o'n past due amounts. Document Reference Date Number Amount Curr Due Date Text 03/08/2000 0090077088 331.38(~) USD 03/24/2000 0090073258 81.5~[~ USD 03/24/2000 0090067601 26.60(,5u USD 03/29/2000 0090077088 80.5E(~ USD 05/05/2000 0090093975 1,040.006~ USD 07/28/2000. CK 6396 81.5~[~) USD 02127/1999 2100004314 7.75 USD 04/03/1999 2100004859 26.79 USD 05/01/1999 2100005562 32,35 USD 05/29/1999 2100006321 26.72 USD 07/03/1999 2100007105 24.69 USD 07/31/1999 2100007983 1.59 USD 08/28/1999 2100009151 3.17 US~) 10/02/1999 2100009355 2.01 USD 10/30/1999 2100009741 1.65 USD 11/27/1999 2100010105 1.59 USD 01101/2000 2100010437 2.01 USD 01/29/2000 2100010718 1.65 USD 04/01 ~2000 2100011361 8.97 USD 04/29/2000 2100011796 40.00 USD 05/27/2000 2100012304 48.69 USD 07/01/2000 2100012766 128.66 USD 07/29/2000 2100013226 21.84 USD 08/26/2000 2100013650 22.16 USD 04/07/2000 04/23/2000 04/23/2000 04/28/2000 06/04/2000 FRT/DM 90083762 FRT/DM 90083746 FRT/DM 90083670 DED gOO83762-S/B PAID Feb '99 Finance Charges Mar '99 .Finance Charges Apr '99 Finance Charges May '99 Rnance Charges Jun '99 Finance Charges Jul '99 Finance Charges Aug '99 Finance Charges Sap '99 Finance Charges Oct '99 Finance Charges Nov '99 Finance Charges Dec '99 Finance Charges Jan '00 ,Finance Charges Mar '00 Rnanca Charges Apr '00 Finance Charges May '00 Finance Charges Jun '00 Finance Charges Jul '00 Finance Charges Aug '00 Finance Charges USD Balance as of 09106/2000: Aging as of 09/06/2000: 2~043.92 Current 1 to 30 31 to 60 61 to 90 91 to 120 Over 120 Amount USD 402.2.9 0.00 81.~3S 0.00 1,040,00 520.08 Yoder Brothers, Inc., P.O. Box'230, Barberton, Ohio 44203 (330) 745-2143 1-800~321-9573 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PIq-FSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Quantity Container/Form Group Type Series Number / Date 90077088 / 03~08~2000 Customer number 103101 Currency: USD Materi~l Description Price Each Value Purchase Order: Order:B340315 Week Wanted:02/14/2000 Ship-to:SHIPPENSBURG PA 140 72 TRAY BEGONia TUBEROUS NON STOP 140 72 TRAY BEGONIA TUBEROUS NON STOP 140 ~2 TRAY BEGONIA . TUBEROUS NON STOP 140 72 TRAY BEGONIA TUBEROUS NON STOP 140 72 TRAY BEGONIA TUBEROUS NON STOP 140 72 TRAY BEGONIA TUBEROUS NON STOP 1 NON-PRODUCT ITEM BROKERED PRODUCTS BRT RED O.389E 61.73 PINK 0.3695 § 1.73 RO~E PINK 0.3696 51.73 SALMON 0.3695 51.73 eCARLET O. 3695 51.73 YELLOW 0.3eSE 51.73 SHIPPING BOX CHARGE 21.0000 21.OO 841 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 331,38 REMIT TO: YODER BROTHERS, INC. P.O, BOX 371633 PITTSBURGH, PA 15250-7633 90077088 / 03~08~2000 103101 GEORGE MCFARLANE 331.38 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 1725-7 USA Product: BROKERED PRODUCTS Number / Date 90083670 / 03/29/2000 Customer number 103101 Reference No. / Debit Memo Request 900~77088 / 70001939 1/,)48/~.~ -,¢ 94:~d ? ~-~ .~ ~ ; Currency: USD Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order: 1 Order:B340315 Week Wanted:02/14/2000 Ship-to:SHIPPENSBURG PA FED EX CHGS 3BXS SHPD FRM FOUR STAR 80.55 1 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 80.55 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90083670 03/29/2000 1031O1 GEORGE MCFARLANE 80.55 492857224 Air Waybill Details 456062310034 Wed Feb 16, 2000 i'ODER340315 Qty: 1 Wt 27.0lbs 33.00 FOUR STAR GREENHOUSE Dim~ 24x19x14in JULIE SMITH 1199 W SIGLEK RD CARLETON MI 481179580 DAVIS GREENHOUSE FRONT DESK [03 HAMMOND ROAD ~SHIPPENSBURG PA 172570000 Fri Feb 18, 2000 at 3:$1pm Third par~y / 179532808 J.DAVIS I [glis~ L~arge Descripiion Amount ~lisc t')elgat charge 3~.0 ~t~very6~neaule Discount -15.3.'- AA Primary service next day by 1030am Fuel fee 2.1 ( PowerShip ~er~ice Ty~e EC FedEx 2nd day 913 Pie~e~/~e~ght lpcs 33.0lbs 25.44 0.0G Payment 25.4, 5ent 03222000 TNWK08WK09 492857224 Air Waybill Details 456062310045 WedFeb 16,2000 YODER340315 Qty:l Wt 27.0lbs 33.00 FOD-R STAR GREENHOUSE Dims 24xl 9x 14in IULIE SMITH 199 W SIGLER RD 2ARLETON MI 481179580 3AVIS GREENHOUSE FRONT DESK 103 HAMMOND ROAD SHIPPENSBURG PA 172570000 Fri Feb 18, 2000 at 3:5 Ipm Third patty / 179532808 /.DAVIS · lisc. Charge De$ctil~iion Amount Misc ~'rmgnt charge .~.b'~ .~ry Discount -15.3.'- AA Primary service next day by 1030am PowerShip ~rvice EC FedEx 2nd day 913 tpca 33.0lbs 23.34 0.00 Payment · 23.3~ gent 03222000 TNWK08WK09 456062310056 492557224 Air Waybill Details Wed Feb 16, 2000 40315 TAR GREENHOUSE 1199 W SIGLER RD 1911481179580 7.01bs 33.00 d9xl4in GREENHOUSE DESK 103 HAMMOND ROAD PA 172570000 ,2000 at 3:51pm Third party / 179532808 AA Primary service next day by 1030am PowerShip EC FedEx 2nd day ,913 23.3 0.0 TNWK08WK09 REMIT TO: YODER BROTHERS, INC. P,O, BOX 371633 PI~-FSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Quantity Container/Form Group Type Series Number / Date 90083762 / 03/24/2000 Customer number 103101 Reference No, / Debit Memo Request 90073258 / 70001613 ~.~ ~ .~.~/~ ,~,e~ Currency' , ....... . USD Material Description Pric~ Each Value Purchase Order: 1 Order:B340337 Week Wanted:01/24/2000 Ship-to:SHIPPENSBURG PA FED EX CHGS 4BXS SHPD FRM EURO AM 81.55 1 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 81.55 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90083762 03/24/2000 103101 GEORGE MCFARI ANF:' 81.55 REMIT TO: YODER BROTHERS, INC, P,O. BOX 371633 PI'i-rSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Number / Date 90073258 / 02/23/2000 Customer number 103101 Product: BROKERED PRODUCTS Currency: USD Quantity container/Form Group Type Series · Material Description Price Each Value Purchase Order: Order:B340337 Week Wanted:01~24~2000 Ship-to:SHIPPENSBURG PA 58 88 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER BELLA ROSELLA 58 58 TRAY FUCHSIA EUROSELECT CAEFORNIA DREAMER CIRCUS SPANGLES 58 88 TRAY FUCHSIA · EUROSELECT CALIFORNIA DREAMER DEEP PURPLE 88 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER EUREKA RED 58 88 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER FLAMENCO DANCER 58 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER PEACHY 58 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER ROCKET FIRE 58 58 TRAY FUCHSIA EUROSELECT CALIFORNIA DREAMER SNOWBURNER 82 84 TRAY FUCHSIA EUROSELECT LEII~EPERLE 82 84 TRAY FUCHSIA EUROSELECT LOHN DER LIEBE 82 84 TRAY FUCHSIA EUROSELECT NICI'S FINDLING I NON-PRODUCT ITEM BROKERED PRODUCTS BOX CHARGE I NON-PRODUCT ITEM BROKERED PRODUCTS ROYALTY 0.4900 28.42 0.4900 28.42 0.4900 28.42 0.4900 28.42 0,4900 28.42 0.4900 28.42 0~4900 28,42 0.4900 28.42 0.3600 29.52 0.3600 29.52 0.3600 29,52 16,0000 16.00 40.8600 40.86 REMIT TO: YODER BROTHERS, INC. P,O. BOX 371633 PITTSBURGH, PA 15250-7633 90073258 / 02~23~2000 103101 GEORGE MCFARLANE 371.78 REMIT TO: YODER BROTHERS, INC, P.O. BOX 371633 PITTSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Date / Doc. no. 02/23/2000 / 90073258 Page 2 Product: BROKERED PRODUCTS Currency: USD Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order: Order:B340337 Week Wanted:01/24/2000 Ship-to:SHIPPENSBURG PA. 712 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 371.78 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PI'I-I'SBURGH, PA 15250-7633 90073258 / 02/23/2000 103101 GEORGE MCFARLANE 371.78 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 DAVIS GREEI~HOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Product: BROKERED PRODUCTS Number / Date 90083746 / 03/24/2000 Customer number 103101 Reference No. / Debit Memo Request 90067601 / 70001611 F,~E.. i~.~F ~/./~.~_j~~ -, ,:,~ .. ~, .~ Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order: 1 Order: B340314 Week Wanted:01/10/2000 Ship-to:SHIPPENSBURG PA FED EX CHGS lex SHPD FRM POSSUM RUN 26.60 1 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 26.60 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90083746 / 03~24/2000 103101 GEORGE MCFARLANE 26.60 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 152§0-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA Number / Data 90067601 / 01/27/2000 Customer number 103101 Product: BROKERED PRODUCTS Currency: USD Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order: Order:B340314 Week Wanted:01/lO/2000 Ship-to:SHIPPENSBURG PA 300 CUSTOM ITEM BROKERED PRODUCTS 0.2200 66,00 250 CUSTOM ITEM BROKERED PRODUCTS 0.2200 55.00 500 UNROOTED FUCHSIA ' TRAILING 0.2200 110,00 250 UNROOTED FUCHSIA TRAILING 0,2200 55.00 250 UNROOTEO FUCHSIA UPRIGHT BLUE EYES 0.2200 55.00 URC FUCHSIA MARINKA URC FUCHSIA SOUTHGAT DK EYES SWINGTIME 1,550 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 341.00 REMIT TO: YODER BROTHERS, INC, P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90067601 / 01127/2000 103101 GEORGE MCFARLANE 341.00 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 DAVIS GREENHOUSES INC 103 HAMMOND RD SHIPPENSBURG PA 17257 USA ~'=~'~=~=~'~'i'"" "?~'~'==~=" =~l"'i[iiii .i= ".'iii"i'~ii['.'?? ![[~["~" ?iii iii~'"'""'"' .~i"i l'.":..!.~'==':..".~. Number / Dote 90093975 / 05)05/2000 Customer number 103101 Product: BROKERED PRODUCTS Currency: USD Quantity Container/Form Group Type Series Material Description Price Each Value Purchase Order: Order:B340615 Week Wanted:04/24/2000 Ship-to:SHIPPENSBURG PA 1 NON-PRODUCT ITEM BRQKERED PRODUCTS FREIGHT -130.000 130.O0 1 NON-PRODUCT ITEM BROKERED PRODUCTS ROYALTIES -113.750 113.75 250 UNROOTED POINSETTIA - SPRING/STOCK WHITESTAR 0.2450 61.25 1,500 UNROOTED POINSETTIA SPRING/STOCK SONORA FIRE 0.2450 367.50 1,500 UNROOTED POINSETTIA SPRING/STOCK SONORA RED 0.2450 367.50 3,252 Total Product THANK YOU FOR YOUR BUSINESS Amount Due Now 1,040.O0 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH, PA 15250-7633 90093975 / 05/05/2_000 103101 GEORGE MCFARLANE 1,040.00 ,hUG-30~O0 ~D 11:14 FISCHER USA~ FLORIDA F~ NO. 954 4415498 B8/3~I~8~ 1~55 55445726~7 ~ ~ PAGE 02/05 P. 02 August 3o, 2ooo FI$~HEP, USA INC t7548 SW 2~TH CT MIRAMAR, FL 330295564 Dear FISCHEP, USA INC: Our records reflec[ the following delivery )nformatlo ~ for tile shipment wil~ the traddng nu~ ~ber 47'o~584238t3. DELR/]~RY INFORMATION: Dell.~,e~7:Da~: .~odl 27,2000 Shipping lnforrnaEon: · ShiPment Reference Information: 80 ~ ~ 330~955~ ' ~~G, 2~ 80015 Thank you for c~oslng Fed~ ~resa, We look f )~ ~ ~ng wah ~u Fa:lEx Worldwide Cu~omer ServI~e 1-800-GO-FEDEX R~'mrence No: EDP, WEE, 08/30/2000 08:41:22 by 199,82.8a. I47 This Informa~on Is provided subject to the FedEx,~;ervlce Guide. 08~0/2000 08:19 · ~Ut.;-~U-UU ~ F~O~R US~ FLORID~ ~544~72617 F~ ~0, Q54 4415498 PAGE 83/85 ?,03 P~GE, 0~I~6 August 30, 2000 .FISCHER USA INC 11848 SW 28TH CT MIRAMAR, FL 3~}295564 Dear FISCHER USA INC: Our r~r~ords rafleot 1he {ollowlng delivery Informatlo ~ for the shipment with the tracking nur'~ber 470258423824. DELIVERY INFORMAl'ION: ,Shipping Information: Shipment Reference Information: 80 Trac.ld~ lqe: 4'7m.~3~ FISCI~I~ USA ]I~'C sI~i~p~. I?.Sissw3S'rHCT P,J~pieat~ L03HAMMONDI~OAD MZLa. AI,~ ~ 33029~$64' ;[-[]]~I).E/"TS'/~G, ~A 80016 Thank you for ohooslng FedEx F..x~mss. We look f)rw'a-~ to working with you In the future FedEx Worldwide Customer Serv~-e Reference No: EDRWEB 08/30/2000 08:42:15 by ~g9,~2.~,147 This information la provided sUbject to the FedEx.<;ervlce Gulde. 08/30/2000 08:1~ AO~O-00 ~D ll ~ 14 0~/~/~ 1~:55 303415i605 FISCHER US~ FLORIDM · ~ISCME~ USA FRX NO, 954 4415498 PP,~E 04/05 ?, 04 P~;~ ~4t06 August 30, 2000 · Fischer Geradlum~ USA In¢ Dear Fischer Geraniums USA Inc: Our records reject the following delivery informatlo I for the shipment with the tmoklng nur:~ber 470258423835. DELIVERY INFORMATION: DelI~'~yTII:U~: 0~,:4~ AM. Shipping Information: T~-a~ldu{lq'o*. 4'70'25,~423835 Simp Datc: Ai=ll?-6~O0) Thank. YOu for choodng FedEx Expme~. We look f~cl to wor~ng w~th you In the l~ra FedEX W~rldwide Customer Service 1-800-GO-FEDEX Reference No: EDP, WEB 08/'30/2000 08:44:02 by 19~.82.b'~,!,l.T This information Is provided subject to lhe FedEx .~,m-vice Guide, 08/~0/2000 08:19 3o34151so5 FISCHER USA P~E o5/85 FISCHER USA* FLORIDA F~X Nb 954 44]5498 P. OS August 30, 2000 FISGHER U~, INC 17548 SW 28TH CT MJRAMAP~ Fi. 330295564 Dear FISCHER USA INC. Our records reflect the follow(rig delivery Informa~o ~ for fhe sl'Jpment with the tracldng nurloer 47O258423846. DELIVERY INFORMATION: 8hi.'pl:~g Information: Shipment Reference Information: 80 ~ D~'e: ~ 25, 2000 l~.¥1~t: tO3 HAYi~Oi~D l~,OID Thank you for choosing FedEx F_~pre~,~ We look f ~nvard to working with you in ~e futur~. FedEx WoHdwlde Custome~ 8ervtce ,. 1-800-GO-FEDEX Reference No: EDR WEB 08/30/2000 08:44:38 by 19g.82.63~147 This Intorrna~n ie provided subject to the FedEx,~ ~erv~ce Guide. 07-28-00 0371633 1633285 2 038 10 /~t~ Mellon' · :--o e.~hbu~c. ' '. -- Bcmk ' ' ' ........ '- " 8398 DAVIS, GREENHOUSE INC. ~:~ *must PH. 717-532-2263 80-4,30/3131 103 HAMMOND ROAD b~l 4 5 0 SHIPPENSBURG, PA 17257 CHECK 51/4 PAY ~OT~ YODER ~ROTHERS oF P,,O. BOX 230 BARI~ERTON OH THREE HUNDRED FORTY ONE AND NO/lO0 REMIT TO: YODER BROTHERS, INC. P.O. BOX 371633 PITTSBURGH PA 16250-7633 [AMOUNT: NOW DUE~. 90067601 / 01/27/2000 103101 GEORGE MCFARLANE 34. t.00 J DAVI~ GREENHOUSE INC', YODER BROTHERS Da're Trans. No, OS/07/00 6089 Descriotio~ PLANTS Ve~d. lr~v.# Gro~s Disc Net o41.00 0.00 341.00 Tc, tal~: 341.00 0.00 341.00 Mellon- ' Bank 07~633 1633285 2 038 10 0~/~ ............... Yoder Brothers, Inc. PO Box 371633 Pittsburgh PA 15250-7633 VS. Davis Greenhouses, Inc. 103 Hammond' Road Shippensburg, PA 17257 Court of Common Pleas Cumberland County' Civil Division No. 01-1235 Civil Tegffi: ~:-, ANSWER TO COMPLAINT :::: ~_ AND NOW comes Davis Greenhouses, Inc., the Defendant in the above-captiCn, ed //latte-r~~, by and through its attorneys, Weigle, Perkins & Associates, and answers the Plaintiff's ConXl~laint-as f6tlows: Admitted Admitted in part. Denied in part. It is admitted that certain goods were ordered and paid for by Defendant. It is specifically denied that all of the goods and merchandise listed in Plaintiff's Exhibit "A" were ordered by Defendant and delivered by Plaintiff to Defendant's place of business and direct proof to the contrary is hereby demanded at trial. Denied Defendant's answer to paragraph 2 of the Complaint is incorporated herein by reference hereto. Admitted in part. Denied in part. It is admitted that the prices listed for the goods described in Exhibit "A" are fair and reasonable. By way of further answer it is specifically denied that Defendant agreed to pay any price whatsoever or service and/or other charge for goods it never received nor did it ever agree to pay interest at the rate of eighteen (18%) percent per annum. IRUE COPY FROM RECORD m Testimofly wllereot, I here unto set my bane ~nd the saal of said Court at Carlisle. Pa. ' - pr&honota~ Denied. The Defendant has not been given credit for goods which are stated as having been ordered by Defendant which were never delivered. Admitted WHEREFORE, the Defendant respectfully prays that this Honorable Court deny the relief sought by the Plaintiff in this action and find in favor of the Defendant .and dismiss said action with prejudice to the Plaintiff. Respectfully submitted: WEIGLE, PERKINS & ASSOCIATES /'Jerry~A. Weigle, Esquire (~Attomey I.D. #01624 --Joseph P. Ruane, Esquire Attorney I.D. #71577 Attorneys for Defendant 126 East King Street Shippensburg, PA 17257 Telephone (717)532-7388 Yoder Brothers, Inc. PO Box 371633 Pittsburgh PA 15250-7633 VS, Davis Greenhouses, Inc. 103 Hammond' Road Shippensburg, PA 17257 Court of Common Pleas Cumberland County Civil Division No. 01-1235 Civil Term VERIFICATION I, Mark Davis, state that I am the President of the Davis Greenhouses, Inc., the Defendant herein, that I am authorized to make this affidavit on its behalf and that the facts set forth in the foregoing Answer to Complaint are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. Ann. § 4904 providing for criminal penalties for unsworn falsification to authorities. Dated: LAW OFFICES NIORRIS & ADELNIAN, E C. 1920 CHESTNUT STREET P.O. BOX 30477 PHILADELPHIA, PA 19103 215-558-5621 800-745-8088 FAX: 215-568-3253 April 23, 2001 510-373-2873 215-348-5000 610-446-0116 215-886-1500 Jerry A Weigle Esquire Weigle Perkins & Associates 126 E King St Shippensburg PA 17257-1397 RE: VS: Yoder Bros. Davis Greenhouses, Inc. $2,043.92 Our file No: 949484 Dear Mr. Weigle: Enclosed herewith please find Plaintiff's Interrogatories to Defendant, Request for Admissions and Request for Production of Documents, pursuant to Pennsylvania Rules of Civil Procedure 4005, 4014 and 4009.11. The Defendant is required to answer fully, and in writing on the same pieces of paper, the discovery requests, under oath, within thirty (30) days from the date of receipt of this letter. Very truly yours, JAMES W. ADELMAN Eno1. Certified Mail MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P.O. Box 30477 Yoder Brothers Inc. ~hiladelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 : nO. 01-1235 REQUEST FOR ADMISSIONS TO: Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 Defendant Above-Named Jerry A Weigle Esquire Weigle Perkins & Associates 126 E King St Shippensburg PA 17257-1397 Attorney for Defendant Above-Named You are hereby requested to admit for the purposes of this action 'only: 1. ~nvoice, Complaint. ANSWER: Defendant has heretofore received originals or copies of each statement of account, or other Exhibit attached to Plaintiff's 2. Each of the documents attached 'to Plaintiff's Complaint genuine original document, or true copy thereof. ANSWER: is a 3. Plaintiff sold to Defendant all the goods or services described in the attachments to Plaintiff's Complaint.. ANSWER: 4. Defendant received all goods attachments to Plaintiff's Complaint. ANSWER: or services described in the 5. The prices 'charged for the goods and services as shown in the attachments to Plaintiff's Complaint were the agreed prices to be charged and paid. ANSWER: -2- 6. The prices charged for the goods and services as shown in the attachments to Plalntiff's Complaint were the usual and customary prices therefore. ANSWER: 7. The prices charged for the goods and services as shown in the attachments to Plaintiff's Complaint were reasonable and fair prices. ANSWER: 8. The computations by which the principal balance claimed by Plaintiff were computed are accurate. ANSWER: 9. The balance herein sued for is Plaintiff. ANSWER: due and owing by Defendant to -3- 10. All the 9oods and services sold or furnished to Defendant by Plaintiff shown in the attachments to Plaintiff's Complaint conformed to any representations and warranties made. ANSWER: ll. None of the goods and services sold or furnished to the Defendant by the Plaintiff were non-conforming, defective or damaged. ANSWER: 12. Defendant has never notified Plaintiff of any non-conforming, damaged or defective goods, or services. ANSWER: claims of 13. Written demand has been made by.Plaintiff upon Defendant for payment of the claim herein sued upon more than thirty. (30) days prior to the date hereof. ANSWER: 14. Except as may be'shown in Plaintiff's Complaint or attachments thereto, Defendant is not entitled to any credits, offsets, or deductions. ANSWER: ~ -4- 15. There are no facts upon which Defendant relies as a basis for any defense in this action. ANSWER: 16. T~ere are no documents, ~writings, letters, records, or papers of any sort upon which Defendant intends to utilize as evidence of or a basis for any defense in this action. ANSWER: 17. the amount established by applicable law and by the charges the attachments to Plaintiff's Complaint. ANSWER: Interest on the claim asserted herein by Plaintiff is due in shown in 18. The Defendant has no claim against the Plaintiff as a result of the transactions described in Plaintiff's Complaint. ANSWER: 19. Every statement or Complaint is true and correct. ANSWER: allegation contained in Plaintiff's MORR I .~ ttorneys For Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the f~ont if soace permits. Article Addressed to: EXH~IBIT [] Insured Mail [] C.O,D. 4. Restricted Delivery? {Ex/re Fee) [] Yes 2. A~tlcle Number (Copy from service label) MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02~04 P.O. BOX 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. ISSUE: May the Court enter Summary Judgment against the Defendant for failure to properly respond to Request for Admissions? II. ARGUMENT: The Court should enter Summary Judqment for failure to properly respond to Request for Admissions. The Rules state at Pa. R.C.P. No 4014(b), 42 PA. C.S.A.: "(b) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless within thirty (30) days after service of the request ... the party to whom the request is directed serves upon the party who requested the admission, sworn answer of an objection addressed to the matter, signed by the party or by his attorney ..." (emphasis supplied). Case law supports the proposition that unanswered requests for admissions render the matters requested conclusively established for the purpose of suit. Commonwealth v. Diamond Shamrock Chemical Co., Pa. Cmwlth. 84, 391 A.2d 1333 (1973), Civil Center Investors v. ReDublic Ins. Co., 59 D&C 2d 105, 120 Pitts. L.J. 276 (1971). The Motion for Summary Judgment is proper in this case as there is no material issue of fact. Under Pa. R.C.P. 1035(b) a summary judgment may be granted if the moving party shows that there is no genuine issue as to any material fact and the record reveals that the moving party is entitled to judgment as a matter of law. Dowlin v. Coatesville Area School District, 22 Pa. Cmwlth, 443, 350 A.2d 190 (1975). The burden is on the non-moving party to show the existence of a genuine issue of material fact, though he need not prove the fact itself. First Pennsylvania Bank N.A.v. Triester, 251 Pa. Sup. 372, 380 A.2d 826 (1977). The function of a Motion for Summary Judgment is to avoid a useless trial. To this end, the Court may examine the pleadings and other materials offered by parties for the purpose of determining if there is a genuine issue of material fact -2- to be tried. Sims v. Mack Truck CorD., 448 F. Supp. 592 (E.D. Pa 1980). Bythewa¥ v. Lambert, 49 West, 291 (1967). Admissions made are dispositive of issues of fact even if in conflict with testimony and will support a summary judgment. Innovate, Inc. v. United Parcel Service, Inc., 275 Pa. Sup. 276, 418 A.2d 720 (1980). III. CONCLUSION: WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant the sum of $2,043.92 with interest at 18% from August 26, 2000 or a total of $2,424.08 and costs. Respectfully Submitted, -3- MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P. O. BOX 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder BrothErs Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd shiPpensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 01-1235 CERTIFICATE OF SERVICE I hereby certify that I am this date serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa R C P 440. SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: DATE:June 5, 2001 Jerry A Weigle Esquire Weigle Perkins & Associates 126 E King St Shippensburg PA 17257-1397 MORRIS EL . By: Attorney for Plaintiff MORRIS & ADELMAN P.C. P.O. Box 30477 Philadelphia PA 19103 (215) 568-5621 YODER BROTHERS, INC., Plaintiff Vo DAVIS GREENHOUSES, INC., : Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01-1235 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of June, 2001, upon consideration of Plaintiffs Motion To Compel Answers to Interrogatories and Production of Documents Required, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, James W. Adelman, Esq. MORRIS & ADELMAN, P.C. P.O. Box 30477 Philadelphia, PA 19103-8477 Attorney for Plaintiff JffNesley (51~., ~' Jerry A. Weigle, Esq. 126 E. King Street Shippensburg, PA 17257-1397 Attorney for Defendant :rc JUN .I MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P. O. BOX 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COLTNTY CIVIL DIVISION NO. 01-1235 ORDER AND NOW, this day of , 20 consideration of Plaintiff's Motion to Compel, it is hereby · upon ORDERED that the Defendant shall file answers to Plaintiff's Interrogatories and provide copies of documents requested on or before the day of , 20 or appropriate sanctions may be imposed upon Motion to the Court. MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTOR/qEY FOR PLAINTIFF IDENTIFICATION #02604 P. O. Box 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS REQUESTED The Plaintiff, by its counsel, Morris & Adelman, P.C., moves the Court to compel discovery from the Defendant under Pa. R.C.P. No. 4019 for the following reasons: 1. On or about April 23, 2001, the Plaintiff, pursuant to Pa. R.C.P. No.4005, served written Interrogatories upon the Defendant (copy attached as Exhibit "A" and incorporated by reference). They were received on April 27, 2001. 2. On or about April 23, 2001, ~he Plaintiff, pursuant to Pa. R.C.P. No.4009.1 and 4009.11, served a Request for Production of Documents in accordance with the Rules, a true and correct copy of which is attached as Exhibit "B" and incorporated by reference. 3. Thereafter, counsel for Plaintiff wrote to counsel for defendant requesting responses. Attached hereto, made part hereof and marked as Exhibit "A" are true and correct copies of the aforesaid correspondence to which no reply has been received. 4. Although more than thirty (30) days have elapsed since Defendant was served with copies of the Interrogatories and Request for Production of Documents, Defendant has failed to file Answers to Plaintiff's Interrogatories as required under Pa. R.C.P. No.4006 or produce the documents as required under Pa. R.C.P. No.4009.1 and 4009.11. WHEREFORE, Plaintiff moves the Court to enter an Order under Rule No.4019, Directing the Defendant file Answers to Plaintiff's Interrogatories and provide the documents requested or suffer appropriate sanctions under said Rule. rrW. ~v~~nti f f MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTOR/~EY FOR PLAINTIFF IDENTIFICATION #02604 PO BOX 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 VERIFICATION JAMES W. ADELMAN, ESQUIRE, states that he is Attorney at Law of Morris & Adelman, P.C. and that the facts set forth in the foregoing Motion to Compel Discovery are true and correct to the best of his knowledge, information and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. MO RIS ADEL P.C. ~A~ES W. ADELMAN, ESQUIRE Attorneys FOr Plaintiff Post Office Box 30477 Philadelphia, PA 19103 -8477 (215) 568-5621 DATED: June 6, 2001 I.AW OFFICES MORRIS & ADELMAN, P.C. 1920 CHESTNUT STREET P.O. BOX 30477 PHILADELPHIA, PA 19103 215-568-5621 800-745-8058 FAX: 215-568-3253 May 28, 2001 610-373-2873 215-34B-5000 610~446-0116 215-886-1500 Jerry A Weigle Esquire Weigle Perkins & Associates 126 E King St Shippensburg PA 17257-1397 Yoder Bros. VS; Davis Greenhouses, Inc. Our file No= 949484 Dear Mr. Weiglet On April 27, 2001 your office received Discovery documents from us in the above matter. The thirty (30) day period has now passed and we have not received the responses to that Discovery. Accordingly, if those responses are not received within the next ten (10) days, we may find it necessary to take appropriate action, including, but not limited to asking the Court for sanctions under the applicable Pennsylvania Rules of Civil Procedure. Very truly yours, /bme JAMES W. ADELMAN MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, IDENTIFICATION #02604 P.O. Box 30477 Philadelphia, Pennsylvania (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd' Shippensburg PA 17257 ESQUIRE ATTORNEY FOR PLAINTIFF Yoder Brothers Inc. 19103-8477 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 PLAINTIFF'S INTERROGATORIES TO DEFENDANT Plaintiff hereby makes demand that Defendant(s) answer the following Interrogatories, separately, fully, in writing and under oath, within thirty (30) days from service hereof, pursuant to Pa. RCP No. 4005. Defendant(s) is further notified that each of the following interrogatories and document production requests is deemed continuing so as to require supplement responses if' Defendant(s) should obtain further information pertinent thereto between the time the answers are served and the time of trial. DEFINITIONS AND INSTRUCTIONS The term "Person" means any natural person, -corporation, association, firm, partnership, trust or other business or legal .entity. "Plaintiff(s)" or "Defendant(s)" means the above named parties and includes their officers, directors, employees and/or agentsl Plaintiff includes not only the above named Plaintiff but all persons who assigned claims .to Plaintiff which resulted in this action. Unless specifically designated, the singular means the plural and the masculine the feminine. "Document" means any writing or record'of any type or description including, but not limited to, agreements, correspondence, letters,' telegrams, inter-office communications, memoranda, reports, records, instructions, notes, notebooks, scrapbooks, 'diaries, minutes, minutes of meetings, photographs, photocopies, charts~ graphs, descriptions, invoices, purchase orders, bills of lading, recordings, publications, transcripts of telephone conversations, and any other retrievable data (whether encarded, taped or coded electrostatically, electromagnetically or otherwise) - in the possession, custody or control of Answering Party or known to it, wherever located, however produced, whether an original or a copy (i~cluding but not limited to, carbon, handwritten, typewritten, microfilm, photostatic, xerographic' copies), and including any non-identical copy (whether different from the original because of any alterations, notes, comments or otherwise), together with any attachment thereto or enclosure therewith. "Evidence" means anything other than a document that tends to prove or disprove a fact. "Exhibit', or "said exhibits" means the exhibits attached to the Complaint. ~ ~ "Identify" means, when used in reference to: -2- (a) a natural person referred to herein as his or her': (1) (2) or tow~, "individual,, - full name; present home address (including street name and number, city and state; if present address is unknown, so state and state last known address and date when believed to be accurate); (3) present business address (including street name and number, city or town, and sta6e; if present address is unknown, so state and state last known address and date when believed to be accurate); (4) present position, business affiliation and job description (if the present position, business affiliation, and job description are unknown, so state and set forth the corresponding last known such information and date when believed to be accurate); (5) position, business affiliation, and job description at the time in question, with respect to the interrogatory or other request involved; (b) a company, corporation, association, par6nership or other legal entity not a natural person referred to herein as "non-individual" its: (1) full name including any fictitious names used or registered; (2) address of principal place of business; (3) description of type of entity; (4) if an entity is acting by one of its officers, directors, employees or agents, the identity of said natural person so acting on its behalf; ~ ~ ~(c) a Document; -3- (1) its etc.); (2) its (3) its (4) %ts (5) its (6) the (7) its description (e.g., letter, memorandum, report, invoice, title and date, and the number of pages thereof;. subject matter; author's identity; addressee's identity; identity of each person who received copies; present location and its custodian's Identity (if any such Document was, but is no longer, in the possession of or subject to control of Answering Party, describe the disposition that was made of it and when said disposition was made); (8) whenever an interrogatory calls for the Answering Party to identify a document that party may, in lieu of so identifying, attach a copy of that document marked with the appropriate number of th~ interrogatory. In any case where attorney-client privilege, any other privilege, or work product exception is claimed in response to an interrogatory or a motion for the production of documents, identify the document nonetheless, state the nature of the communication and whether the claim is for all. or only part of the document and, if part, state which part, and the nature of the claim. (d) oral statements and communications means: (1) the date and place they were made; (2) identification of each of the makers and recipients thereof in addition to identifying all other persons present; -4- if events). ,(3) the medium of communication; (4) their substance. "Date" means the exact day, month and year if ascertainable, or, not, the best approximation (including relationship to other INTERRogATORIES Identify the Defendant(s). 2. What position does the individual Defendant now hold with the non-individual Defendant; and, what were his/her duties at the time of the transaction(s) complained of in Plaintiff's Complaint? 3. What are the individual Defendant's current duties with the non-individual Defendant; and, how do they differ from his/her duties at the time of the transaction(s) complained of in Plaintiff's Complaint? -5- 4. Identify all persons who have knowledge of the business transaction(s) of the Defendant in its dealings with the Plaintiff. 5. Identify individual Defendant's current employment and.his employer's name, address and type of business. 6. Identify all persons who have knowledge of the reflected in the exhibit(s) (hereinafter "said exhibits") 'the original Complaint filed herein. account as attached to 7. Is the account as reflected in said exhibits correct? 8. If account as reflected in said'exhibits is incorrect, then state the amount that your books and records reflect is owed, exclusive of any claim(s) o~ set off or counterclaim. 9. Did Defendant ~eceive all of the goods and services set forth in the said exhibits? -6- 10. If the answer to preceding Interrogatory is NO, then state which goods and services were not received. 11. ' Identify the date and time that the alleged goods and services were found to be missing. 12. Was the Plaintiff notified that goods and services were not received? If Plaintiff was, identify: A. The date and manner of notification; B. The person(s) who gave and received notification; C. Ail documents or other evidence referring in any way to such notification; -7- 13. Has any payment been made on the account that is the subject of this Complaint that is not shown in said exhibits? 14. If the answer to preceding interrogatory is YES, list all payments by date and amount and identify all documents or 'other evidence of such payment. 15. Were any of the goods listed in said Exhibits damaged or any of the services unworkmanlike when you received same? 16. If the answer to preceding interrogatory is YES,then describe with particularity the damage to said goods, the ultimate disposition so sa~d goods, and how the serVices were u~workmanlike. 17. Identify the time and date unworkma~like services were discovered. that the alleged damage or -8- 18. Was the Plaintiff notified that goods were damaged or that the services were Unworkmanlike? If Plaintiff was, identify: A. The date and manner of notification; B. The person(s) who gave and received notification; C. all documents and other evidence referring in any way to such notification. 19. Were the goods listed in the said exhibits defective when you received same? 20. If the answer to the preceding interrogatory is YES, then describe with particularity each defect of each item of goods and the ultimate disposition of said goods. -9- 21. Identify the time· and date that the alleged defect was discovered. 22. identify Was Plaintiff notified of the defects? A. The date and manner of notification; If Plaintiff was, B. The persons who gave and received notification; C. All documents and other evidence relating in any way to sa~d notification. 23. Were the goods listed in the said exhibits non-conforming when you received same or any of the services improper? -10- 24. If the answer to the preceding interrogatory is YES, state in what manner the goods delivered were not of the kind ordered. List the quantity of goods which were delivered which did not conform to the order. Identify to what extent the goods failed to conform to the order and the ultimate disposition of said goods. 25. Identify the time and date that Defendant discovered the. merchandise was nonconforming. 26. Was Plaintiff notified that goods were nonconforming or the services were improper? If Plaintiff was, identify; A. the date and manner of notification; B. the person(s) who gave and received notification; C. all documents and other evidence relating in any way to the notificat%on. -11- 27. Identify all persons representing Plaintiff as agent or employee with whom Defendant has dealt and identify all oral statements and communications made. 28. List how many separate transactions made up the whole of this account, and give the dates, places and with whom Defendant dealt, in each instance. 29. If the creation of the account reflected in said exhibits was by a written order, identify the order and all documents relating thereto. 30. If the Creation of the account exhibits was by a telephone ·order, state the and the person with whom Defendant dealt·. ~eflected in the said number Defendant called 31. If Defendant claims authorization by Plaintiff to return goods, identify any~doquments or other evidence of such authorization on a separate page. -12- 32. If Defendant claims to have returned merchandise for credit, identify such merchandise and documents or other evidence of delivery to Plaintiff. 33. Identify any services to be performed by Plaintiff that Defendant claims were not performed or performed in a defective manner, specifying in detail how they were defective. 34. If Defendant is in a retail business of sale to the general public itemize: In detail each item of merchandise listed in said exhibits Defendant sold, to whom, that person's address and for what price B. In detail the merchandise Defendant still has in its possession unsold. -13- 35. Itemize Defendant's current estimated net worth. 36. With what financial institution does Defendant do business and where does it maintain checking, savings accounts and safe deposit boxes. 37. If there is a UCC security interest against Defendant's stock of goods, state: A. Who holds said security interest including address; B. When was said security interest perfected; C. How was it perfected (by filing with County Recorder or Secretary of the Commonwealth of Pennsylvania etc.); D. Did the ~Defendant execute both UCC financing statements and security agreements. -14- 38. Identify Defendant (s) current business, listing its address and type of business. 39. If Defendant is out of business, give date Defendant went out of business and date and manner of legal dissolution of business. 40. ,Identify non-individual Defendant's officers, directors and majority stockholders; or partnership. principal owners, its partners if a 41. Identify anyone else'who has an ownership interest, or is a creditor of the Defendant. 42. If the Defendant expects to call any person as an expert witness at trial of this lawsuit, Identify: A. Each expert witness expected to be called at trial. -15- B. The subject matter on'which each expert is expected to testify. The substance of the facts and opinions to which the expert is expected to testify, and a summary of the grounds for each opinion. 43. Identify each expert and field or fields of expertise of such expert that the Defendant has consulted, retained or specially employed in anticipation of litigation or preparation for trial, but who is not expected to be called as a witness at trial. 44. Identify any reports or other documents prepared by all experts that were prepared for, or eXpect to use in this matter. 45. If Defendant has paid any money or incurred any indebtedness for services or materi$1s, other than those covered by the foregoing interrogatories, as a result of the account alleged, identify: A. Each person, firm or corporation from whom such services or materials were obtained. B. The nature of the services or materials supplied by each such person, firm or corporation. C. The date or periods of dates when such services or materials were obtained or received. D. The charges of each such person, firm or corporation for such services or materials and whether such charges have been paid. 46. State in Defendant's witnesses' own words, in a narrative fashion, exactly how this account arose, dates orders placed, what merchandise or services were ordered and what was received, Condition of the merchandise and all other pertinent facts relating thereto. -17- 47. Identify all persons, known to Defendant and not previously identified having knowledge of the relevant facts of this action, counterclaim, or affirmative defenses. Identify any documents, evidence, or written statements known to the Defendant not previously identified.relating to all claims. 48. Identify and state the age, date of birth and full name of the person answering interrogatories and signing Affidavit, hereinafter called "declarer", including' all declarer has ever been known, and number and present home address. aliases and nicknames by which state declarer's Social Security 49. Identify all witnesses you intend to call to trial. 50. Identify all persons who participated in, or were consulted regarding the answer to these interrogatories. -18- 51. De~endant is Plaintiff, A. If Defendant claims that after reasonable investigation the unable to determine the truth of any allegation made by State the name and address of the person who allegedly made the investigation referred to therein. B. State in detail the nature and manner of said investigation. 52. Identify every document, writing, paper or letter which you intend to utilize as a basis or ground for any defense in this action or which you expect to offer into evidence upon the trial of this action. -19- 53. If you have not admitted any one or more of the Plaintiff's Request for Admissions served upon you, then with respect to each such request not fully admitted, state all facts known to you directly or indirectly which you contend to be a basis for denial or refusal to admit each such request and identify ali documents or other evidence supporting that denial. MOM ~s ~ ~~, ~.c. / ~S W. ADELMAi~, ESQUIRE :orneys For Plaintiff MORRIS & A DEI24A/q, P.C. BY: JMES W. ADELMAN, ESQUIRE IDENTIFICATION ~02604 PO BOX 30477 Philadelphia, Pennsylvania (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 VS. Davis Greenhouses Inc. 103 Hammond. Rd Shippensburg PA.17257 ATTOP, NEY FOR PLAINTIFF Yoder Brothers Inc. 19103-8477 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 PLAINTIFF'S REQUEST FOR PRODUCTION PURSUANT TO PA. R.C.P. 4003 ~ 4009 TO: Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 Plaintiff, by its attorneys Morris & Adelman, P.C., hereby requests that you produce and permit said counsel to inspect and copy any and all of the following designated documents or things which are in the possession, custody, or control of the party to whom this request is directed, their designated agents, representatives, and/or attorneys on May 25, 2001, at the offices of Morris & Adelman, P.C., 4th Floor, 1920 Chestnut Street, Philadelphia, Pennsylvania 19103-8477 or in accordance with the Local Rules of this County Court, or to forward the requested materials or legible true and correct copies thereof to counsel prior to the indicated time for production thereof: 1. Any and all statementsconcerning the above-captioned action or its subject matter~prgyiously made by the party to whom this request isdirected, or by the party by whom this request is made, or by any other party or by any witness, including any and all written statements signed or otherwise adopted or approved by the person making the statement, as well as any and all stenographic, mechanical, electrical and/or other recordings or transcriptions which are substantially verbatim recitals of any and all oral statements by the person making the said statements, and contemporaneously recorded'. 2. Any and all reports, notes, memoranda, summaries and/or records of any kind or description relating to any and all interviews of any and all parties and witnesses made by an investigator, adjuster, insurer and/or any .other agent or representative of the party to whom this request is directed, other than their attorney. 3. Any and all reports, notes, memoranda, summaries and/or records of any kind or description relating to any and all interviews of any and all parties and witnesses made by the attorney for the party to whom this request is directed, excluding only those statements of a party made only in the presence of the party's attorney, to which the attorney-client privilege applies. 4. Any and all investigative reports, notes, memoranda, and/or records of any kind or description concerning the summaries above-captioned action or its subject matter, prepared, obtained, or otherwise in the possession, custody or control of the party to whom this request is directed, and/or their attorney, investigator, adjuster, insurer and/or any other agent or representative, excluding only that non-discoverable material as more particularly specified in Pa. R.C.P. 4003.3. 5. Any .and all photographs, plans, drawings, or diagrams concerning the above-captioned action or its subject matter prepared, obtained, or otherwise in the possession, custody and control of the party to whom this request is directed, and/or their attorney, investigator, adjuster, insurer and/or any other agent or representative. 6. Ail information~ not otherwise requested in the previous requests above, which is contained in the files of the party to whom this request is directed, and/or that party's attorney, investigator, adjuster, insurer and/or any other agent or representative, and which is neither the mental impression of their attorney nor that attorney's conclusion, opinions, memoranda, notes, summaries, legal research or legal theories', not with respect to the representative of the party to whom this request is directed other than their attorney, neither mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics. -3- 7. Any and all bills, reports, notes, memoranda, summaries and/or records of any kind or description relating to any items of alleged property damage and/or special or consequential damages which are the subject matter of this action and which documents or things are in the possession, custody or control of the party to whom this request is directed and/or their attorney, investigator, adjuster, insurer and/or any other agent or representative. 8. Any and all documents identified in the Answer to Request for Admissions and Answers to Interrogatories filed by party to whom this request is directed. MORRI~ & AD~C. :orney For Plaintiff -4- MORRIS & ADELMAN, P.c. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P. O. Box 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION : NO. 01-1235 CERTIFICATE OF SERVICE I hereby certify that I am this date serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa R C P 440. SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: DATE:June 6, 2001 Jerry A Weigle Esquire Weigle Perkins & Associates 126 E King St Shippensburg PA 17257-1397 IA~torney for Plaintiff MORRIS & ADELMAN P.C. P.O. Box 30477 Philadelphia PA 19103 (215) 568-5621 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION #02604 P. O. Box 30477 Yoder Brothers Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 FAX: (215)568-3253 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 ATTORNEY FOR PLAINTIFF Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 01-1235 PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION TO COMPEL DISCOVERY AND SUMMARY JUDGMENT TO THE PROTHONOTARY: Kindly mark withdrawn Plaintiff's Motions to Compel Discovery and Summary Judgment, in the above-captioned matter. MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 P. O. BOX 30477 Yoder Brothers Inc. Philadelphia, Pennsylvania 19103-8477 (215) 568-5621 Yoder Brothers Inc. PO BOX 371633 Pittsburgh PA 15250-7633 vs. Davis Greenhouses Inc. 103 Hammond Rd Shippensburg PA 17257 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION NO. 01-1235 CERTIFICATE OF SERVICE I hereby certify that I am this date serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa R C P 440. SERVICE BY FIRST CLASS MAIL ADDRESSED AS FOLLOWS: DATE:June 13, 2001 Jerry A Weigle Esquire Weigle Perkins & Associates 126 E King St Shippensburg PA 17257-1397 MES W. AD~LMAN torney for Plaintiff RRIS & ADELMAN P.C. P.O. Box 30477 Philadelphia PA 19103 (215) 568-5621 YODER BROT-~-~S INC. DAVIS GI~-.0USES INC. IN THE COURT OF CO~[MON PLEAS OF CL%IBERLAND COUNTY, PENNSYLVANIA NO. 01-1235 CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially i~ the following fo[m; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: JAMES W. ADELI4AN, ESQUIRE , counsel for the plaintiff/defendant in the above ac:ion (o~ actions), respectfully represents that: i. The above-cap~ioned~actiOn (or actions) is (are) a: issue. 2. The claim of the plaintiff in =he action is $ 2,043.92 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to si~ as arbitrators: JAMES W. Al)ELF, AN, ESQUIRE an~ j~m~l.y A. WEICLE, ESQUIRE WHEREFORe, your petitioner prays your Honorable Court to appoint three (3) arb!Cra:ors to whom the case shall be submitted. Respectfully submit:ed, ORDER OF COURT , abov~cap~ioned action (or ac:ions) as prayed for. ._cD.