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IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY
PENNSYLVANIA
CREATIVE PLACEKATS AND .
PROMOTIONS
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plaintiff
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VS. .
HWA ASSOCIATES, INC .
T/A HWA ASSOCIATES
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Defendants
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NO. 94-6954-CIVIL TERM
CIVIL ACTION LAW
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ANSWER TO COMPLAINT
HWA ASSOCIATES, INC., T/A HWA ASSOCIATES, by William H.
Kirkpatrick, their attorney, answers the Complaint as follows:
1. That Defendant admits paragraphs 1, 2 and 3.
COUNT I
2. That Defendant denies paragraphs 5, 6, 7 6nd 8.
3. That Defendant admits paragraph 9.
4. That Defendant denies paragraph 10.
COUNT II
S. That Defendant denies paragraphs 12, 13, 14, 15, 16, 17
18, 19, 20 and 21.
COUNTER-CLAIM
INTENTIONAL IIlTERFERENCE WITH EXISTING CONTRACT
6. That Plaintiff has gone to Defendant's customers and,
upon learning that they had recently contracted with Defendants,
have induced customers to cancel Defendants program and back-date
a contract of their own.
7. That when Defendants entered into a written contract with
the Flamingo Restaurant, one of the customers set forth in
Plaintiff's Complaint, the restaurant owner was specifically asked
whether the restaurant was under contract for any other
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advertising, was told "no", and executed a contract that set rorth
a speciric paragraph arrirming that the customer has no prior
contractural obligations.
8. Shortly after, Detendants received the undated letter, a
copy or which was attached to Plaintiff's Complaint.
9. The letter was in an envelope which gave a return address
which is Plaintiff's and not that or the restaurant and sets forth
within the letter that the restaurant's attorney is Daniel Pollock,
who is also the Plaintiff's attorney.
10. In communication with other restaurant owners it was
stated that Plaintiffs had tendered to them the same letter for
their signatul'e which was drafted by Plaintiffs and/or their
attorney and with the request that the restaurant sign the letter
and send it out, thus cancelling the written contract that the
restaurant has already executed.
11. That Plaintiff's conduct has caused Defendants serious
irreparable damage as it has caused customers,who had executed
contracts with Defendants, to refuse to perform said contracts.
12. That the breaches of contracts by the customers induced
by Plaintiffs have caused further economic harm to the Defendant in
that advertisers contracting with Defendants for space, upon
hearing of the C'Jstomers' refusals to perform, withdraw their
advertising.
WHEREFORE, Defendant requests that the Court award
componsatory and consequential damages as well as punitive damages,
if deemed just and proper.
W lliam H. K atrick, II
200 N. Front Street
New Freedom PA 17349
(717) 235-6 06
I verify that the statements made in this Answer and in this
Counter-claim are true and correct based on my personal knowledge.
I understand that false statements made herein are subject to the
penalties of 18 pa C.S. Section 4904 relating to unsworn
falsification to authorites.
Date: /.::>. Z:t "I '-f
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.1-!wJt YlssociatesJ /tit,
PoD. Eo~ 35 - Olen Rock, rA 17327
717/235-3924
IJIS'fRlDlJ'fION AGREEMENT
(SIII'ermnrket . Reslaurant, I!t~,)
This agleelMhl, tnddll this dale 1~~~1'r-~ ^UOd.I~S, Inc., herelna~er called "COMr~NY'" and
1& . E, I '1 ( JJv.;r?rwlse known 8R "Chent", localed It
t '.1-1 rhone:
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to design, produce, promole and deliver 01 0 CIIAROn 10 CLlI!NT no Iller Ihln
e following:
TYPE ~ PItOCltAlltl (The period for all program. olorb on dale delivered 10 ClIENl),
~LActM'AtSI
-UIllNT lar." 10 kee" mal. at all oeallng po.llion. Including Ihe bar during all hours of opetallon for I period of one yelr,
~tENtJ"l
--:ci:.IENt 'IreU that the menuA will he u.ed daUy duriog all hOllrl of operol/on for I period of one year.
. AISU: DtlttcrORIESI
--ofreclory .hall be placed on I"proolmolely all ahopplog carla now In u.e for I period of lwo yelrs,
SI'ECIAl.. BOAltDS:
---shIll ~ pllced .t locIl/on nequented hy clI.lomers ond lI.ed 10 display weekly/daily opeclll. for. ptriod of two yelrs.
2, CLIENT lalth 1/.lllhe "roalant will he the only one of lIa Iype lI.ed In the client'. tallbll.hmt.. nl for the eontrlct period commenelnl It
the I/nle of dellVtty by COMPAtw. , .". ,.~.
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), CLIENT aatfh thai dlll3ent elle will he uoed In Ihe malntenlnce of Ihe progta,"A Ind lhal they.lltillllot be defaced, allered, modlned at
olherwl.e chlnlM 10 II to IlTecllhe commercial mellaae. contllned Ihereln, : ,; , ., {J:).'l1,; , ,
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4, COMPANY AareeA to dulan CLIENn proaram 10 ClIENTS'1 'Peelflell/on. Ind cLlIlN1' Igleet to Indemnify for IllY eopyr!aht
Inrrlnaementte.u.!ed by cl..II!NT IJleclflclllons, "", " ','". .,.'
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s, CLIEN1' .nd tOMI'ANY Aglte thai minor modlrleMlona 10 cLlI!Nrl advertlaemenl MIy be IlIlde by CLIEN1' upon pmenlltloll or the
proof, Inlllaled I>tooh will be eoh!ldered rln.l. .
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6, CLIENT larees to "ermJt coMpANY 10 aollcil adverl/slng apoee At COMPANY dlaerellbtl, '
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7, COMPANY Ilrees III uhlblt eohtlnonly accepled moral and legltltsnduds In the leletllon 01 adYetiI..",
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8, CLIENT allT!b to eoopetlle wilh COMPAtw 10 ohllln Ihe minimum nllm~t ohdvertlleta. ' '"
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9, COMPANY ~etvellhe tight 10 cancel cllENra progrlm for InY reuon prior 10 Itl delivery, In the l:\Ilnlthlltb.l COMPANY .mlleS
this riahl, COMPAN"i Will refund allmonlell collected from .dverlllers, " "', ";. >' ff '
II
10, CLlEN1' agtl!n 10 lelmburae COMPANY Ind adverllms for AnY Ind III axptnlU Ineul~ b9 COMpANY .hould CLlIlNt eedeellhl.
.greemenl ror any relBon. At cLlENt'1 opllon, eolilrlct may be esncelted befole end of period, wlth a plymenl of S2,00 per day, per
advertiser, for e.ch dlY re,"llnlng In Ihe ptrlod, ." " ': I :
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I I: The lareemant wllllutom.llcllly be tenewed fOllhe 80me period Or Ihne II Indlelted In Ihe origln.1 Agreemenl on Ihe slme dale .1 lhe
origlnll Aareetilent unlus dneelled by elthel party (coMPANY 01 CLltlNt) by celUFled Mllllleeelpt Reqllwed allelBt 60 (11~ty) dl)1
prior to Ihe end of Ihe eUltenl AllTeement. ", ' ~'" ' . '
12, CLIENT Igteell thsllhls Agreement ahall be conllnued past Ihe end orthe period herein rot Iny period or lime CLlBNl'1 bu.llnesa Is el~
which is other 1~ln Ila nOlmsl bualne!! rrecllce, legaldlels or the Itllon, so IB to IlIow COMI'ANY 10 tneellts obllgaUollJ 10 .dvertl"d, i
_, ..l~ Thla eonstitule~ Ihe enllre Agreement oo~ "/.:hlng verbal 011mlsell '"Ide by representlli::s;,elTe,clthls eontnct.
This A8teeme~1 enteled Into this /.3'- dny or tM- " , 19~', '..
l,IA'O"..,A' vdt~L... ,." ,-
CC;llftll~ :f'~Of tiFlh".urnlll~. CLIENT
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CREATIVE PLACEMATS and I IN THE COURT OF COMMON PLEAS OF
PROMOTIONS . CUMBERLAND COUNTY, PENNSYLVANIA
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14 Walnut Street, Suite C
Mechanicsburg, PA 17055
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v. I CIVIL ACTION - LAW
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HWA ASSOCIATES I
P.O. Box 35 .
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Glen Rock, PA 17327 . NO. 94-6954 CIVIL TERM
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ORDER OF COURT
AND NOW, this ~\$t day of February, 1995, upon cone ide ration
of the Motion To Withdraw filed by Plaintiff's counsel, a Rule is
hereby ISSUED upon the Plaintiff and the Defendant to show cause
why the relief requested in the Motlon should not be granted.
RULE returnable within 20 days of service.
SERVICE of this Rule is to be made by ordinary mail by Daniel
Pollock, Esq.
BY THE COURT,
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0L::, ,
J.
Daniel Pollock, Esq.
3105 Old Gettysburg Road
Camp Hill, PA 17011
Attorney for Plaintiff
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CREATIVE PLACEMATS and I IN THE COURT OF COMMON PLEAS OF
PROMOTIONS I CUMBERLAND COUNTY, PENNSYLVANIA
14 Walnut Strest, suite C .
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Mechanicsburg, PA 17055 .
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v. I CIVIL ACTION - LAW
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HWA ASSOCIATES .
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P.O. Box 35 I
Glen Rock, PA 17327 . NO. 94-6954 CIVIL TERM
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ORDER OF COURT
AND NOW, this 22., J day of December, 1994, due to the
unavailability of Defendant's couneel on December 29, 1994, and
with no opposition from Plaintiff's counsel, this matter is
RESCHEDULED to Friday, March 3, 1995, at 9100 a.m., in Courtroom
No.5, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J
~ Daniel Pollock, Esq.
. ~3105 Old Gettysburg Road
~ Camp Hill, PA 17011
\ ~ttorney f~r Plaintiff
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0~.JHWA Associates
?I' P.O. Box 35
~ Glen Rock, PA 17327
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PARTIES
2). The Plaintiff is Located at 1~ Walnut Street, Suite C,
Mechanicsburg, Pa. 17055
3). The Defendant is located at P,Q. Box 35 Glen Rock, Pa. 17327
4). The Plaintiff is making this motion in order to restrain the
Defendants from interfereing with existing contracts that it has
with various restaurants in Pennsylvania and Maryland,
5). The Plaintiff's have a valid contract with Lemoyne Family
Restaurant to Supply Placemats to Len~yne Family Restaurant with
advertising from local businesses for a period of 1 year running
from June, 199~ until June, 1995.
6). The Defendant entered Lemoyne Family Restaurant in August
1994 and negotiated to place placemats with advertising on them
in Lemoyne Family Restaurant.
7). The Defendant then encouraged Lemoyne Family Restaurant to
Discard the placemats the Plaintiff provided to them.
8). The Defendant has attempted to encourage other restaurants
to break existing contracts with the Plaintiff, exhibit 1
provides names and statements of such restaurants.
9). The Plaintiff earns its income by selling advertising space
to local businesses on the placemats that it provides to
restaurants.
10). This action by the Defendant has resulted in the loss of
customers and revenue by the Plaintiff.
11). Since the complaint was filed against HWA Associates on
December 9, 1994 it has come to the attention of the plaintiff
that HWA Associates is continuing to misrepresent itself to
potential customers of Creative Placemats and Promotions as
having the sole right to place advertising placemats in the
Hillside Cafe. ffiVA Associates misrepresented itself to Rebena's
Dr'y Cleaners of New Cumberland as haVing the right to put
Placemats into The Hillside Cafe. The Hillside Cafe has an valid
existing contract with Creative Placemats and Promotions to place
advertising placemats in The Hills~de Cafe.
12). Pennsylvania has long recognized a cause of action for
intentional interference to contracts and a cause of action for
presenting a person or business in a false light. These claims
are the causes of action pleaded in the COlJ1plaint attached to
this motion.
13). The Plaintiff's claim is very likely to prevail when this
matter is heard on its merits due to the outragous behavior of
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