Email sent between dave@microworks.net and splash@goodnet.com and or kylemorgan@classic.msn.com
| From: Dave, To: Marc Mailed: May 6, 1997 |
Well Marc, Since you check out the site of http://www.splashpools.com so often I thought I would be nice and give you the ability to state your point of view (as weak as it may be). To this end I have given you FTP access to splashpools.com user name: XXXXX user password: XXXXX (appropriate, don't you think) you have access to upload to e:\www\splash\htdocs\opposite Feel free to put up whatever you want to relating to the issues at hand. I can tell you from looking at the access logs (I have them updating every two hours) that quite a number of the people that are traversing the site are clicking on the opposite point of view link. On a personal note the deposistion (whenever it is reschdeuled for) should be fun, although I wonder what the point will be? My web site would contain estentially the same info that you will spend money (attorney, reporter, etc...) on. Oh, well I guess you have money to burn on pursueing something that you have not one bit of evidence to support your case. If the "tapes" that your attorney is referring to are between Kyle and myself you will notice if he turned the tape on in time that I gave him permission to tape me since I know that he likes to do so. Also I will find it fun to hear how telling your partner in "Splash Custom Pools and Spas, LLC" something that you feel is disparaging is libelous and slanderous since he is a partner in your company and I made the comments to him in a private telephone conversation between he and I. The truth sure is easy to defend! I would think that the couple of grand it will cost to do the depositions and the $10 - $15k (or more) that this lawsuit will cost you to pursue (and lose) would be better spent toward purchasing splashpools.com from me. BTW, I hear from your attorney that Conway is not going to be with you guys much longer, what "no honor among thieves"? In case you have not guessed by now the more you attack me, my family and friends the harder I fight, and I enjoy a good fight (clean or dirty). So, a word of advice. I am not wired with a reverse gear, but I can move to the side. If you want this settled bite the bullet and pay me for what your ridiculous lawsuit has cost me. (attorney's fees, time away from work and the $100.00 for the pool permit in Chandler built by Southwest Aqua Structures/You). After that I would suggest making me an offer to acquire the splashpools.com domain. You will spend less money in the long run! Oh well, I guess you know best. By the way, i will also post a copy of this note to the website in case you accidentially delete it from your email. P.S. If you are unable to write html (as evidenced by http://www.goodnet.com/~splash) than email me a .txt file with your opposing point of view and I will format it and post it for you without editing it's content. Also if you are looking for someone to create a new site for your pool company we would be glad to (for a fee of course!) Later....dude Dave R. |
| From: Kyle To: Dave
|
i was trying to get into the opposing views...
all i would have put down... is that i am not a part of scps llc and never have been...
that is all... i just think that it is missleading to imply that i was a part of that.... i only choose to share office space with them.... ( i pay them rent) no ownership. i got to get to work...kyle |
| From: Dave, To: Kyle Mailed: Sep 4, 1997 |
Kyle, I sent Marc and email
with the user name and password needed to place and .HTML document in the correct
directory. You might want to look at the "Application For Residential Contractor's License" that Greg filed with the ROC. In that document he verifies "I (We) the undersigned hereby apply for a contractors license and verify under penalty of law that all the information contained herein is true to the best of my (our) knowledge and belief." The document is signed by both Greg and Marc and in the document the ownership percentages of Splash Custom Pools and Spas, LLC is outlined on page two as being: Greg Bartzen 35% Kyle Morgan 35% Mark Maples 30% Therefore according to this document signed and dated on February 4, 1997 by Greg and February 14, 1997 by Marc you are listed as being an equal ownership partner with Greg while Marc is the minority owner. Like I told you before you might want to check with your attorney as to what your liability in this will be considering that your "partners" are not reading the writing on the wall and moving to close this chapter: 1. The receiver has found that Conway owes the company (SplashWorks, LLC) money that he misappropriated and has issued a demand for a portion of those funds to close SplashWorks down. 2. Your "partners" lost in their attempt to get a Restraining order against me over the use of the name "Splash Custom Pools and Spas" 3. Since Arizona is a first use in time state and I can clearly show through advertising and receipts from vendors that the name was in use by us (SplashWorks, LLC) prior to Marc filing with the Sec. of State and that our partner John had 10 years prior use of the name Splash Pools prior to Marc's use and/or filing I will be able to preclude "your" use. Might want to look for a new name now. 4. Since Greg and Randy Klein so absolutely unprepared for the ROC hearing on Tuesday and said that they would have to plead "no contest" to the complaints that i had made concerning contracting without a license and building with permits they should expect an adverse ruling from the ROC. By the way...any sanctions taken against Southwest Aqua Structures license will follow Greg to his new license. Rest assured that since your "Partners" have rejected my more than generous offer for them to remove themselves from this mess I will proceed to conclude my business with our receiver and then turn my attention to enforce my resulting sole ownership of the name Splash Custom Pools and Spas. Sincerely, David W. Riddle |
| From: Dave, To: Kyle Mailed: Sep 4, 1997 |
FYI, I posted your note and my answer to
the "between the camps" section since it would not be appropriate for me to post
them to the "opposite point of view" area. Dave R. |
| From: Dave, To: Kyle Mailed: Sep 4, 1997 |
FYI, I will probably be "updating" the splashpools.com site this weekend to include the the events that have happened since it was last updated. I may also (likely) give it a face lift too. |
| From: Dave, To: Kyle Mailed: Nov 10, 1997 |
Kyle, Since I lost your phone number and I do not feel like calling the Splash Pools office number. I thought I would drop you this message (hopefully you still have this email account and are even using it.) I am sending you this note since you told me that reading the info on the site is really how you get to know what is going on since the other guys to not talk to you. I finally forced myself to sit down and update the information contained on the site. Had a lot to add really - the attempt to settle this thing back in August, The ROC Admin hearing in September, the Admin Judge Findings of Fact and Conclusions of Law in October, Mike leaving (being fired?) from Splash Custom Pools and Spas, LLC, Greg resigning as qualifying party on the Splash Customs Pools and Spas, LLC license in September and finally the Registrar of Contractors Findings of Fact, Conclusions of Law and Order in November. A lot of info really to add. While I was at it I completely revamped what the site looks like and broke the "History" section down into years since it was geting so big. The complete listory was getting over 22 pages. Oh well, the info is now there. Feel free to catch up on your reading. |