EFTA00546304.pdf

DARREN K. INDYKE Darren K. Indyke, PLLC 575 Lexington Avenue, 4th Floor New York, NY 10022 Telephone email Telecopier: June 11, 2012 AND CERTIFIED MAIL. RETURN RECEIPT REQUESTED Pacific Artefacts 2256 Esplendido Avenue Vista, CA 92084 Re: Breach of Contract with Dear Ms. I represent Ms. On ul 22 2011, you and Pacific Artefacts entered into an agreement with Ms. to have prepared for Ms. client and delivered to Ms. 40 bark panels from the Kwoma tribe of Papua New Guinea. You and Pacific Artefacts agreed to deliver the bark panels within 6 months after your receipt of a $1,000 deposit from Ms. Inasmuch as Ms. wired you the de osit on July 22, 2011, you were obligated to deliver the bark panels to Ms. by no later than January 22, 2012. Nearly five additional months have passed since that January 22, 2012 deliver deadline has come and gone without your delivering the bark panels to Ms. i , and you are therefore in breach of your agreement with Ms. My clients have provided me with an extensive email paper trail wherein you repeatedly have provided one excuse after another for your continued breach and failure to deliver the panels for the past five months. The successive chain of excuses in your emails creates serious question about whether a fraud may have been perpetrated on Ms. , whose patience for this continued pattern of misconduct has reached its end. Accordingly, we hereby demand that you deliver the bark panels to Ms. by no later than June 30, 2012, failing which we will commence formal legal proceedings again uld it be determined that a fraud has been committed in this matter, Ms. would seek, among other things, damages for injury to her business relationship with her client and her EFTA00546304 business in general occasioned by your fraud, as well as extensive punitive damages of a sufficient amount to deter similar misconduct in the future. We sincerely hope that you will not make it necessary to pursue that course of conduct and suggest that you confirm in writing to me your intention to deliver the panels by the June 30, 2012 delivery date. Upon receipt of your written confirmation,1 will provide you with the necessary delivery instructions. This letter is without prejudice to the rights and claims of against and Pacific Artefacts, all of which are hereby expressly reserved. Very truly yours, ‘ tt-NA.1).&,14/_,V • Darren K. Indyke EFTA00546305