Gene spent a LOT of money on attorney fees.
Illinois Pinball Company
1409 Butchers Lane
Bloomington, IL 61701-9512
Dear Mr. Cunningham,
May of this year, 2009, Pinball Inc. and your company Illinois Pinball Company willingly and knowingly entered into a legally binding agreement which Pinball Inc. purchased certain assets of Illinois Pinball Company. The assets which Pinball Inc purchased from Illinois Pinball Company listed in Schedule 2 of that agreement included:
ALL pinball parts inventory (including all populated playfields and partial pinball playfield plastics).
ALL tools and tooling used in manufacturing of pinball parts
ALL documents/engineering drawings and files related to pinball manufacturing.
ALL P2K (Pinball 2000) kits
To date Pinball Inc has met ALL it's obligations of the purchase agreement.
You and your company have breached this agreement by not fulfilling its obligations by refusing to turn over assets which Pinball Inc legally purchased.
In addition to the aforementioned breach, you have been and are actively selling the assets legally purchased by Pinball Inc and keeping 100% of the proceeds. This too is a direct breach of our agreement which clearly states that "any schedule 2 items sold or shipped by IPB will be processed through Pinball Inc and IPB will receive 25% commission for the sales." We have video and photo evidence to support this claim.
In addition, against the will of Pinball Inc., you are actively using tooling which was legally purchased by Pinball Inc to manufacture pinball parts. You have been actively selling the parts made using tooling which were legally purchased by Pinball Inc. and keeping 100% of the proceeds. We have video and photo evidence to support this claim.
Because you are in breach of our agreement you are hereby notified that you must cease and desist using the tooling or allowing any other party to use the tooling listed in Schedule 2 of the agreement to manufacture pinball parts for pinball machines.
You must cease and desist the selling of ALL parts inventory listed in Schedule 2 of the agreement.
If you do not cease and desist selling the assets which were legally purchased by Pinball Inc without any intentions of compensation to Pinball Inc. you can find yourself in a position of being found criminally liable of theft, theft of conversation and larceny to Pinball Inc. Any possible claims whether civil or criminal will be pursued vigorously.
To fulfill your obligations to agreement we demand that you immediately turn over ALL assets which Pinball Inc. legally purchased. These assets include but may not be limited to the following:
1. All Injection tools which by agreement includes all tooling for the manufacturing of pinball machine parts. This includes tooling to make inserts. (as per line #4 in Schedule 2)
2. All Metal die tools and any additional Metal die tools. (as per line #4 in Schedule 2)
3. All fixtures and test fixtures including Capcom test fixtures and Pinball 2000 test fixtures. (as per line #6 in Schedule 2)
4. All pinball parts inventory, including ALL Capcom and "Show" inventory. (as per line #1 in Schedule 2)
5. All shop equipment. Including all riveting tooling. (as per line #6 in Schedule 2)
6. All documents/engineering drawings and files. These include ALL files (including all film files) and ALL drawings including but not limited to ALL playfield files and drawings, ALL cabinet files and drawings, ALL backglass files and drawings, ALL plastic set files and drawings and ALL translight files and drawings. (as per line #5 in Schedule 2)
7. All populated playfields and Pinball 2000 kits including all Pinball 2000 Wizard Block Playfields/kits and Pinball 2000 Playboy playfields/kits. (as per line #1 and #2 in Schedule 2)
8. Proceeds for the sale of goods listed in Schedule 2 must be turned over to Pinball Inc. minus 25% for commission.
Unless these demands are met, the agreement shall be considered breached by Illinois Pinball Company and Pinball Inc. will not be under any further obligations pursuant the agreement.
We have researched and found that the company Pinball Manufacturing was dissolved and have no assets. All assets were inherited by Illinois Pinball Company as Illinois Pinball Company has and is selling the assets and keeping the proceeds. An audit of Illinois Pinball Company will clearly show this to be true. We have video and photo evidence that you are currently selling these assets as the assets belonging to Illinois Pinball Company. Your claim to "hide" assets using PMI is considered fraudulent.
As a show of good faith Pinball Inc. will make a one time offer to resolve this matter. The offer is as follows:
1. Illinois Pinball Company will be allowed to keep all pinball parts currently in its possession. This will include all P2K kits and other playfields currently in Illinois Pinball Company possession.
2. Illinois Pinball Company will be allowed to keep all proceeds from the previous sales Illinois Pinball has made of items listed in Schedule 2 of our agreement.
3. Illinois Pinball Company will be allowed to use the injection tooling which is used to manufacture pinball playfield inserts. The rightful owner of the tooling will be Pinball Inc. but Illinois Pinball Company will have a non compensated lifetime used of the tooling.
4. Illinois Pinball Company will be allowed to keep all films, documents, engineering drawings used in the manufacturing of pinball playfields, pinball playfield plastic sets, pinball backglasses and pinball translights. The ownership of these materials will be transferred back to Illinois Pinball Company.
5. Illinois Pinball Company will be allowed to keep the Capcom test fixture in its possession.
6. Illinois Pinball Company will turn over all other assets listed in Schedule 2 of the agreement to Pinball Inc. These include:
a. All tools and tooling used in the manufacturing of pinball parts (excluding #3).
b. All remaining documents/engineering drawings and files related to pinball manufacturing (minus items listed at #4).
c. All riveting tools.
7. Upon acceptance of this proposal and the exchange of the listed items Illinois Pinball Company will be excused from any monetary or capital obligations to Pinball Inc. pursuant to the original agreement.
8. Upon acceptance of this proposal and the exchange of the listed items Pinball Inc will be excused from any monetary or capital obligations to Illinois Pinball Company pursuant to the original agreement.
This offer is a one time offer and it will expire at midnight December 11, 2009. If this offer is not accepted or responded to at that time then Pinball Inc will take all measures possible to obtain its legally owned property and pursue compensation for damages.
Unless or until this offer is accepted the cease and desist demands previously stated will stand.