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I' GCS Computers, Inc., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUN1Y, PENNSYLVANIA Plaintiff v. : CIVIL ACfION . LAW . DSI Records Corpomtlon, ; Docket No. ';~. 11 2 ~ ~.:J G- C.J.H. leasing Corpomtlon, Capitol Towers, Inc., : JURY TRIAL DEMANDED Hearn 8< Co. and Don Hearn, hldlvldually, and Vd/b/a DSI Records Corpomtlon, CJ.H.I..easlng Corpomtlon, Capitol Towers, Inc., and Hearn 8< Co., Defendants COMPLAINT rd AND NOW, this ,5- day of July, 1996, comes GCS Computers, Inc., a corpomtlon, by Its and through Its attorneys, Marshall 8< Farrell, P.C., and Charles E. Haddlck, Jr., Esquire, brings this action against the Defendants in the above-entltled case, and In support thereof alleges as follows: COUNT I BfU:A,CH OF CONTRACT 1. GCS Computers, Inc, is a corpomtion duly organized and existing under the laws of the New York, having Its principal place of business at 462 Seventh Avenue, New 1 cjhldllC.\lIIr.\/m 1302\1m 1302xlllp " 13. In the alternative, even If no contmct Is found to have existed between the Plaintiff and Defendant, which Is denied by Plaintiff, Plaintiff alleges that It Is entitled to recovery on the theory of quantum meruit based upon the facts set forth below. 14. Computer equipment, software, and perlphemls were furnished to Defendants by Plaintiff over the period of March 20, 1995 through November 7, 1995. 15. The computer equipment described In the attached soles documentation was dellvered to, accepted and utlllzed by Defendallls, and a resulting benefit has Inured to Defendants. 16. Plaintiff, at all times material heret.o, reasonably expected payment from the Defendants, Including but not Ilmlted to Defendant Hearn, In the amount of of Slxry-One Thousand Seventy Nine and 00/100 ($61,079,00) Dollars pursuant to the discussions and deallngs between the parties. 17. No part of the said principal sum has ever been paid by the Defendants to the Plaintiff, notwithstanding repeated demands for same, and such monies are presentiy owing, unpaid, and due from the Defendants to the Plaintiff, to Plaintiffs great detriment and loss. 5 CJh'4"""\J\lotl\flnI302IfmI302,cIIIJ' , " " WHEREPORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Court enter judgment in Its favor in an amount in excess of $25,000.00 against th~ above- named Detendants, together with all allowable Interest, costs and attorneys fees. Respectfully submitted, MARSHALL & PARRELL, P.C. ~I res E. Haddick, Jr. Attorney 1.0. No: 55666 Atrium Wesr - Suire 304 3461 Market Srreer Camp Hili, PA 17011 (717)731-4800 Attorneys for Plaintiff GCS Computers, Inc. Dated: July ~ 1996 6 GCI COMPUTlRI. IHe, 4U .EVINTH AYINUE NIW YOIIIC, NY 10011 '". Ill......., ,,.. III"'''OUI ~Ill TO. 1 C. J. H. LEASING .~ BRENNEMAN CIRCLE MECHANICS.URG, PA 170" OUMlTln , o",Ii.' r-_o I I. .,......._." , eo, I; l' I 3e4G-6007 Ii 1 3246-K113 1, :1 3299-K440 11 4 11 l' 3099-K7~8 I' 1 309'3-K063 1 1, 7 , I! l' 8 1! 1, 3246-6007 1 :1 1 I 11 3246-F113 309'9-F440 1i,: I I i .. . _ _,__--.J___' INYllll:F.NO 223168 CUS Il)MI'~ 11I0 DB [ RHIP TO, OBI RECORDS CORP. '3 BRENN!MAN CIRCLE MECHANICBBURG, PA 17055 PETE CAL.IFANO ~,O,B, --j SAlES PER~ON ,..' DArR '."r"-.- SH"YIA 'J- I 09-19:ge But way . * ' r-,-Uiii:HA6E O/llltR NUMBEA'- O/lDl~!!~r~ 09-08-95 AB IflliI I """'''IR DiSClIPnDH 'SC~N Sn:~TlON AT&T GLOBRLVBT e~0 '14MDX2/G6 DOS/WIN/MOUSE 8MB MEMORY 11.44 FLEX DRIVe: 12~6KB CACHE 'KEYBOARD ,ETHERNET COAX BNt 1520MB DISK DRIVE :SCSI CTL. PCI 20" HITACHI 2096MU 'IATRIST GRAPHICS I~00I PCI 76HZ ADRPTER I IMAGE EXTENDER AT &T GLOB. l5l50 I 48E.DX2/G6 DOS/WIN/MOUSE 8MB MEMORY ; 1.44 FLEX DRIVE :256KB CACHE KEVBORRD ETHERNET COAX BNC I ..... .!~""4 N.t 30 day. "-=+-,. OuR ORDIR NUMllI!R ..-1.-_. 730590._ ,_ L~?A~~~=o_ I 1444.00/ I, 444.00 84.00 84.00 * 44.00 44.00 97.00 97.00 R- 423. 001 423.00 .. 181.001 181.00 I 12S8. 001 1,288.00 l547.00i 347.00 1444.001 I 1,444.00 84.001 44.001 '97.00 , , 84.00 44.00 97.00 CONTINUED EXHIBIT A ...---J,' ", aCI COMPUTIRS. INC. 41. "V'NTH AV'NU' NIW rOlllC. NY lOOt' PH. IU""-IIOO 'A~ .....",011. BILL TO: C. J. H. LEASING ..9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170\5\5 INVlJlGE NO 223168 CUS TOME R NO DS I SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170\5\5 PETE CALIFANO --- IHlP VIA ------- ~:_~~_~:.:m,:iiii:'--,~_-~'~--.-. ~=:=_=___~_~~_'_n ,...!ERMlI'---- ~ B..t way * N.t 30 day. OlID1J1IlATI ,- .....ALUPlIllON-'..' , ilUii 09-08-9\5 AB 730e90 ~__~ ___ _, :~~,~____~;;NPn_OII,==-=-' TU*TMC. .... , L- ~TI , 09-19-9\5 OU..mTY f- OIY,.... - I 1 I 1 1 I 1 1 1 1 3298-0240 14 15 3333-K789 17 1 10 1 10 18 19 I I 3246-6007 I 1 3246-F113 I 1 3099-F440 1 1 23 I' 1 I 3099-K7e8 1 1 2\5 I 1 26 14" ESVGA MONITOR * ADAPTEC 2940 SCSI ADAPTER ADAPTEC le40 SCSI ADAPTER 1GB SCSI HARD DRIVE HAYES 14.4 FAX MODEM JUKE BOX HP 20XT,20GB 11.3GB OPTICAL PLATTERS , I I WORK STATION III '486DX2/66 I DOS/WIN/MOUSEC 18MB MEMORY I 1.44MB FLEX DRIVE !236KB CACHE KEYBOARD ETHERNET COAX BNC 520MB DISK DRIVE 332.00 13e.00 187.00 713.00 96.00 4e16.00 81. 00 1444.00 84.00 44.00 97.00 423.00' * 117" COLOR MONITOR ATI ULTRA PLUS 2MB WORK STATION 112 & 113 1029.00 269.00 332.00 13e.00 187.00 713.00 96.00 4,\516.00 810.00 I, 444.00 84.00 44.001 97.00, 423.00' I, 029. 00 269.00 I i CONTINUED, 1 , BXHlBl': . . ,. I. SHERIFF'S RETURN - REGULAR CASE NOI 1996-03726 P ggnn~~W~~L~~Mg~R[~~~6YLVANIAI DCS COMPUTERS INC VS. DSI RECORDS CORP ET AL MICHAEL BARRICK . Sheriff or Deputy Sheriff of CUMBERLAND County. Pennsylvania, who being duly sworn acoording to law, says. the within COMPLAINT was served upon CJH LEASING CORPORATION the defendant, at 1450100 HOURS, on the ~ day of IY1Y J,9~2 at 9 BRENEMAN CIRCLE ~ANICSBURG. PA 17055 County, Pennsylvarl1a. by handing to p..Q1LHEARN. ADULT a true and attested copy of the COMPLAINT together with NOTICE and at the same time direoting ~ attention to the oontents thereof. . CUMBERLAND IN c;JiARG~ ---' Sheriff's Costs I Docketing Servioe Affidavi t Suroharge 6.00 .00 .00 2.00 SO?gZ~~/~ ~homaB K11ne. Sheriff MARSHALL AND FARRELL?L 07/09/~;9b ~// // /?/( ~ ,~ , 186. 00 Sworn and subscribed to before me this 17 ~ day Of~ 1 9 9~ A. D. C)l'~Fct~{;ry l~- (lCS Computers, Inc., : IN THE COURT 0\1 COMMON Pl.EAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIl. ACfION - LAW DSI Records Corpomtion, : Docket No. 96-3726 Civil C.J.H. Leasing Corpomtlon, Capitol Towers, Inc., : JURY TRIAl. DEMANDED Hearn Be Co. and Don Hearn, Individually, and t/d1b/n OSI Records Corpomtion, C.J.H. leasing Corpomtion, Capitol Towers, Inc., and Hearn Be Co., Defendants r~clPi TO SUBSTITUTE EXHIBIT "A" TO THE PROTHONOTARY: Kindly affix the attached Exhibit "AU to Plaintiffs Complaint which was filed with the Coun on July 3, 1996 In the above-captioned matter. Respectfully submitted, MARSHALL S. FARRELL. P.C. G~ Charles E. Haddlck, Jr. Attorney J.D. No. 55666 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 \ Attorneys for Plaintiff Ges Computers, Inc. Dated: July 22.. )996 GCB COMPUTIRB. INC. ... ..VINTH AVftNUI NIW YOIIK. NY 100" 'H. .,...".110O FAX 1,...1Ht1l INVOI(IENO, 223168 CUSTOMER NO, DS I BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ SHtP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170ee PETE CALIFANO r DATI I 1Hl, VIA ',0,1, I 09-19-9~ I B..t way * I IINUMIIR I 0110111 DATI SAlaS PERSON .., I 09-08-9~ AB 0IMII'/1TY &.. DI""""ON , en.. ,- "0, 1 1 3298-0240 14" ESVGA MONITOR 1 1 14 ADAPTEC 2940 SCSI ADAP 1 1 1~ ADAPTEC le40 SCSI ADAP 1 1 3333-K789 1GB SCSI HARD DRIVE 1 1 17 HAYES 14.4 FAX MODEM JUKE BOX 1 1 18 HP 20XT,20GB 10 10 19 1.3GB OPTI CAL PLATTERS WORK STATION ..1 1 1 3246-6007 486DX2/66 DOS/WIN/MOUSEC 8MB MEMORY 1.44MB FLEX DRIVE 1 1 3246-F113 2e6KB CACHE 1 1 3099-F440 KEYBOARD 1 1 23 ETHERNET COAX BNC 1 1 3099-K7e8 e20MB DISK DRIVE 1 1 2~ 17" COLOR MONITOR 1 1 26 ATI ULTRA PLUS 2MB WORK STATION ..2 & ..3 ---, ,-.. -..---,.--.. T!RMS--- ---.." .-- --_._-~ N.t 30 day. _~=~~=~-:3- OUR;;:;~U;:"_ UNIT-I UTINDID ~ 1'1II01 * TER TER 332.00 13e.00 187.00 713.00 96.00 4e16.00 81.00 1444.00 84.00 44.00 97.00 * 423.00 1029.00 269.00 332.00 13e.00 187.00 713.00 96.00 1,029.00 269.00 CONTI NUED EXHIBIT A GCI COMPUTIRI, INC. 411 IIVINTH "VINUI NIW YOM. NY 10011 'H. IIH11tollOO ,All .'1....... INYOlc:eNO, 1123168 CUSIUMI'''NO OBI ~'ll TO, 1 C. J. H. L.EASING .9 BRENNEMAN CIRCLE MECHANICS8URB, PA 17066 ," DArft .'--r-"- 1141'11I...' '-~' ..!!-:!~,.96 I BI,s. ~..~a * 1'UIlC1f~9/lOCRNUM8E1l OllDl"~!~ 09-08-96 AB ~ I , , CUMmn _~~.:..'r~D 1 ; I! 1, 11 Ii I' 1 , 1: I' 1 ~ I , , , I l' I I , ! ! I, ~I 1, Ii 11 1: I! I 1 11 .,0. 3Cl46-6007 3Cl46-K 113 3299-K440 '+ 3099-K7S8 3099-K063 7 8 3246-6007 3246-F113 309'9-F'+40 12 I. I I I 1 ,------~---- RHtP TO, DSI RECORDS CORP. 9 BRENNEMAN CIRCL.E MECH~NrCSBURa, PA 17066 PETE CAL.IFANO ',0,8, j IALII P(A~_ .!~R"I N.t 30 daVI "-:r. OuR;=~:DeR L~PA~~=D I 1444. 00/ I , "', DiSCRli'nOW , 'SCAN STATION ,AT&T GL.OBALVST 6~0 '14S6DX2/66 ,DOS/WIN/MOUSE 'SMB MEIlIORV ,1.44 FLEx DRIVE 12S6KB CACHE ,KEVBOARD :ETHERNET COAX BNC 1520MB DISK DRIVE : SCSI cn. PCI 20" H ITACH I Cl096MU IATRIST GRAPHICS 16001 PCI 76HZ ADAPTER 1, 444.0e i 84.00 84.00 * , I 44.00 44.00 97.00 97.00 * 423.001 423.00 * liB . 001 181.130 1288.001 1,288.00 1547.00 347.130 I IMAGE EXTENDER AT&T GLOB. !5!50 ,4S6DX2/66 . DOS/WIN/MOUSE 5MB MEMORY , 11.44 FLEX DRIve: :256KB CACHE KEVBOARD ETHERNET COAX BNC 1 1444. 001 I 1,444.00 84.001 44.001 97.00 I , 84.00 44.013 97.00 I CONTINUED EXHIBIT A .,..----1~ QCI COMPUTI"'. INC, <It. IIVINTH AVINUI NIW YORK. NY 10011 'H. .'."".110O 'AX m..",ouI BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 1701:51:5 /" -r .~------,------.- - DATI ~!f'PYIA__,_,_ 09-19-91:5 I B..t way * ~RCHAlIORDlRNUMIER I OADlR iiii Ti- ~ I 09-08-91:5 ClUAllTIn' ITIII m._ - 1,0. -.. - 2 2 3238-2021 ' 2 2 3099-K114 2 2 29 1 1 30 1 1 31 1 1 31 2 2 32 2 2 32 2 2 33 2 2 34 2 2 315 1 1 FREIGHT ___n._L_._,___1 _ __.___,_... ______,___ tNVOICENO, 223168 CUSTOMER NO, OS I SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 1701:51:5 PETE CALIFANO -----=:=1-----.' .,--,.-...,."..--.....'-.----.----.-- ,.__,!-Q!'--_ _,_,_., _ TERMS __ N.t 30 day. ~_ - ~!l_. _.__~ALE8PEAO~--~'~=~~-- .==r_ OUR;;:;~U;IIA DIICWTION UIIIT I'IIICI u:o 62.00 124.00 97.00 194.00 1484.00 1,484.00 463.00 463.00 16.00 16.00 368.00 736.00 119.00 238.00 106.00 212.00 1029.00 2,01:58.00 269.00 1:538.00 269.00 269.00 AT&T GLOB. 1520 DOS/WIN/M.:lUSE 8MB MEMORY 1:540MB HARD DRIVE 1.44MB FLEX KEYBOARD 21:56KB CACHE ETHERNET COAX BNC 1448.00 HP lASER JET 4+ DUPLEX OPTION FOR HP 4+ THIN COAX CABlES(15) 8MB MEMORY FOR HP VECTRA 486/215nl 66MHZ CHIP UPGRADE FOR HP VECTRA 486nl ETHERNET/BNC CONNECTION MONITORS FOR WORKST. 2 & 3 17" NEC COLOR MONITOR ATI ULTRA PLUS 2MB N.t a.ount Sal.. taN Total dUll 2,896.00 21:5,184.001 I .......... t21:5,184.00 GCI COMPUTIRI. IHC, ...1 81VINTH AVINUI NIW YORK. NY 100" PH. 111.....110O 'AK 111"1t~" tNVOICE NO, 2Z0134 CUSTOMER NO, DB I SILL TO: OBI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 1703~ BHlpTOI SAME PETE CALIFANO DATI I IHIP VIA ',0,1, I flRMI '" 03-20-95 I B.lt way * I N.t 30 day. ~IICHAII OAOlA HUMIIIA I OfIDlA DATI IALlI P'AION 't OUR OIUlIA HUMIIlI I 02-17-93 AB I 72~96~ QUAIITITY ITIII DlICIIIPT10H .... on, .0, -- ..a. - UlIT _I . 2 2 1 ART 1 ST GRAPHICS 13001 PC1 547.00 1,094.00 76HZ CARD i2 i2 ;2 20" HITACHI MONITOR 2096MU 1288.00 2,~76.00 1 1 FREIGHT ~~.00 5~.00 , Nit a.ount 3,725.00 Sal.. taH ,..~_,_ __'_n'n---1_'___~__n_~_ L__uun___n _, ._u_..~__ .. ._,_ n..____~ .. ,-,------ L____,,______ .......... Total dIJ" ta, 72~. 00 GCI COMPUTIRI. IHC, ...2 SIVENTH AVINUI NIW YORK. NY 10011 PH, 2'H21-8800 PAX 2'H2I-OO.. INVOICE NO, 222763 CUSTOMER NO, DSI BtLL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170:5e SHIP TO: DSI RECORDS CORP. '3 BRENNEMAN CIRCLE MECHANICSBURG, PA 170:5e PETE CALIFANO / ,- ,-, -r------- , DATE SHIP VIA ',D,', TEAMS "'A_;:> , _<1"1 'I I - ...... ~., .. "'.L...3" .....y. PU~HA8EDADEANUM'EA DADEA DATE SALES PERSDN 0011 OllDEII NUM.... , ,~~_.~o_o" a.. I - QUANTITY InM UllIftMIIlI" .",- -. 1,0. - DIICIlIPTlON UNIT_ - -, 1 1 3338-2031-8 0LOBALYST :530 M I N ITOWER :5220.00 :5,220.00 , 486DX4/1001 8MB MEMORY 1. 08GB HARD DRIVE 1. 44MB FLEX DRIVE , 1 1 3099-K:5'37 600MB CD-ROM IDE N/C I 1 1 3099-K123 8MB MEMORY UPGRADE N/C I 1 1 3099-K762 2GB SCSI OAT TAPE N/C , 1 1 3338-K743 1.08GB HARD DRIVE(IDEl N/C I 1 1 30'39-K364 ISA ETHERNET ADAPTER N/C 1 1 7 1:522 ADAPTEC ADAPTER N/C 1 1 8 1540 ADAPTEC ADAPTER N/C 1 1 9 HAYES 14.4 INTERNAL MODEM N/C 1 1 3298-2131-8 94" AT&T VGA MONO MONITOR N/C 1 1 FREIGHT 43.00 43.00 SIN PC. 15-3013809 , Nit a.ount :5,263.00 Saln tall I ___un_on' _ __,_,_,. ,_~+______ ..,",-. -'.-_._----- .,._u...._..___ .,,-'.-,----.._.---"... .. "--....----.-.-. .......... Total d'JI. .:5,263.00 GCI COMPUTIRI. INC. 481 IIVINTH "VINUI NIW YOAK. NY '0011 PH, 211"",110O ,''X 112""-00" INVOICE NO, 223000 CUSTOMER NO, DSI BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICSBURG, PA 1705e SHtPTO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17055 PETE CALIFANO I f' , D"TI SHIP VI" ~,O,., TEAMS 1lI9-01-95 -r B..~ ....u * N.~ ~0 dAu" -. PUACHA810ADIRNUMIEA ORDlAD"TE S"LE8 PERSON I OUR ORDER NUMIER OIA-:?!'i-q!,\ all I ~ ~,,~ ", QUNlTIT'/ InN DIICRIPTIOH UIIIT PIIlCI 1-:0 *"."00 _0 1.0, NU_ l 1 1 AT&T 3333 1345.00 1,345.00 486DX2/66 64KB CACHE 520MB HARD DRIVE KEYBOARD 8MB MEMORY 1.44MB FLEX DRIVE ADAPTEC 1522 SCSI ADAPTER DOS,WIN,MOUSE 1 1 2 20" HITACHI MON ITOR (2096MU) 1288.00 I, 288. 00 1 1 3 CABLE TO PROCESSOR 44.00 44.00 1 1 FREIGHT 55.00 55.00 SIN CPU. 15-29094974 SIN MON ITOR. T000449 N.t ..ount 2,732.00 S.l.. t.N _______ L......__,.__ __..___."_.,....____..__ '__ i _ ___.,...__..______,____. u -,-- .. .. .. ._-~------------.. n .., . ____.. .,~_._L_.._._ __'_____.._ .......11I11I. 'rDt.! dOJ.1 12,732.00 Gel COMPUTIRI. INC, <ltl nVINTH AYINUI NIW VO"K. NY 1001. PH. 111,...,_ PAll 11"'11001" INVOICE NO, 2i22'3'3e5 CUSTOMER NO, DSI BILL TO: C. J. H. LEASING *'3 BRENNEMAN CIRCLE MECHANICSBURG, PA 170e5e5 sHIP TO: 051 RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG. PA 170~~ PETE CALIFANO /' T , -'--_.-:- ',08 ~-----=-I- ~. DATI SHIP VIA ""'_"'''_'''. I D_." "._.. ~ PUIIOHAlI 0110I" NUMBIA OADlA DATE SALIS paASO~_ ,~O_'~' _c. AB GUAII'Im' Ifill OIlC"II'TION m,_ - ..., - -,----_._-,-~-~ XIONICS BOARDS 1 1 1 XIP-BT-8 1 1 2 XPK-H4 PLUS/2 1 1 3 XIM-FG PLUS 1 1 FREIGHT Nit I' __ ____ ~_____.__,_,_ .1_____ S.ln L--_ m._..... ______ TEAMS ,_,_Ht.t_ OUAOAD!A N~_ UNIT PlllCI 3825.00 178.00 245.00 30.00 ount tal< Totll d'JI' Ill~D ....CI 3,82:5.00 178.00 24~.00 30.00 4,278.00 .......... '4,278.00 GCB COMPUTIRB. INC, 441 IIVINTH "VINUI NIW YORK. NY \00'1 pH, 112-11...100 '''K 1'''''1-0:111 INVOICE NO, 2231&8 CUSTOMER NO, 051 SILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ SHIP TO: 051 RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ PETE CALIFANO lIUAllnTY -,.... -- l.a, 1 I I 1 1 I 1 1 I 1 1 1 10 10 BHIP V'-A-_.~'~--:=~-=-'':':=--''cll:! ==...::.::.c==':':~~:=-~===~TER~B ..-*,-..,. -,...-.J.-......,.,JIII,L,JrJZl .Q.&)' <<;lRDlR DMI _..__'..n!!A.~EB PERBO~..__.._.__.__.,__.__. OUR ORDIR HUMIIII - - ___fte..____..._______....______..._ __ _ &.t DIICRIPnON UNtTPlIlC1 U=, 3298-0240 14 I~ 3 1 14" ESVGA MONITOR * ADAPTEC 294121 SCSI ADAPTER ADAPTEC 1~4121 SCSI ADAPTER '~R RCSI HARD DRIVE tf 1. 'Z ?,I t.. '0 ""-roM 332.00 135.00 18'7.00 713.00 96.00 332.121121 13~.00 187.0121 713.00 96.00 ~ 10117, rERS 4~16.00 81.00 4,~16.00 810.00 1 1 1444.00 1,444.00 .. . . 1 1 3246-F113 256KB CACHE 84.00 84.00 1 1 3099-F440 KEYBOARD 44.00 44.00 1 1 23 ETHERNET COAX BNC 97.00 97.00 1 1 3099-K7~8 520MB DISK DRIVE * 423.00 423.00 1 1 2:5 17" COLOR MONITOR 1029.00 1,12129.00 1 1 26 ATI ULTRA PLUS 2MB 269.00 269.1210 WORK STATION *2 & *3 CONTINUED GCI COMPUTIAI. IHC, 4e1 SlYINTH AYINUI NIW YORK. NY 10011 PH, 1'1"11-1100 'AX I'I"I'~" INYOICE NO, 1223311 CUSTOMER NO, DSI BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17055 SHIP TO: OBI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17055 PETE CALIFANO /' I -- I - " DATI SHIP VIA - ',0,8, TlAMS I 09-28-~5 I But Will * I N.t: ~'" rt"VI ,y~ASIOADlANUM8IA OADlADATI SALI! PIASON t OUA 0IIDlA NUMIIIII : ",g-",~ AB I GUAllnTY ITIII DIICIIlITIOH UlllTPlIICI IX'" oyy,_ _a 1,0. - - -- -- 1 1 3338-12021 AT&T 486DX2/66 1853.00 1, 853. 00 , D/W/M , 8MB MEMORY , 1.44 FLEX DRIVE , KEYBOARD , I 1 1 3099-K123 8MB MEMORY UPGRADE N/C I 1 1 3099-K078 VIDEO MEMORY-1MB UPGRADE 53.00 53.00 I , 1 1 FREIGHT 25.00 25.00 S/NI 15-29600618 , , Not 1I11101,1nt 1 , 931 . 00 Sill.. tllll .-- L___ L-, ,-- --.---,.-, ,. _U' ..._,~.. , .., ,.., , . ____.. ._u____ .__ .._.,_,_ -----,---- -,---- ........... Total d,JO. U , 931 . 00 QCI COMPUTIRI. INC, <ltl SlVINTH AVINUI NIW YOIIK. NY 1001' PH, 111"",110O 'AX I'H".OU' INVOICE NO, 223314 CUSTOM Ell NO, OBI BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICBBURG, PA 17055 SHIP TO: OBI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICBBURG, PA 17033 PETE CALIFANO DATI 8HIPVIA ',0,1, I TEIIMS 09-28-93 B..t wav * I N.t 30 davs DlR HUMIIR - SALES PERSON - OUR ORDlR NUMSER 'lJRCHAaIOj OIID1R DATI I ~-1lIE.-9!"i AB I 731l1!"i13 GUMlTTY &.. OIICRlPnON UIIIT PIIICI umr -,... - e.o. , 6 6 1 21P-0 ROMAT FORMAT 120MB TAPES 21.00 126.00 I I it 4 2 IBM 5250 EMUl.ATlON ADAPTERS 351. 00 1,404.00 WITH TWINAX CABI.E I 1 1 3 SVQUEST DISK DRIVE 270MB EXT. 369.00 569.00 I I 2 2 4 DISKS FOR SVGlUEST DISK DRIVE 64.00 128.00 1 1 FREIGHT 63.00 65.00 , , N.t a.ount 2,292.00 Sal.. tlaH ______._'~____._.,._...__.____., _,~,.,_____ ..0_,____,------ _,_,_,,__.___ ........... Total dlJu 12,292.00 GCS COMPUTIRS. INC. <ltl IIVINTH AVINUI NIW YORK. NV 10011 PH, 1'1-111'110O PAX ItR-tIl~"1 BILL TO: C. J. H. LEA6ING *9 BRENNEMAN CIRCLE MECHANIC6BURG, PA 110~~ L.._..!!ill. T - BH'P VIA ''''_''_a.. I D.o" ..... PURCHAIIORDERNUMIIR ORDEA DATI ,"'- - OUAllTlTY ITIII "'. .... -- 1.0, - 6 6 1 C 1 1 2 6 4 4 3 I 1 1 4 S 2 2 3 6 ;2 2 6 N 2 2 7 A 6 e. 8 0 1 1 9 N 2 2 10 6 1 1 11 6 1 1 FREIGHT .. ~--,----,- -,- INVOICE NO, CUSTOMER NO, 2231568 DSI SHIP TO, 061 RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANIC6BURG, PA 170~~ PETE CALIFANO ~-------"'-['--' ..,-.. ..', ----, --,..'------ --,- --"~~"'___~._.,_..__.._..,_,_ TIAMS ___ -~ _=j~~~~~=~N~~~-~~--~_~'~ day ~UA OADIR NUMlIA DIICA"nOll UNIT I'IllCI ~ WAVE 2 OLORADO TAPES YQUEST EXTERNAL DISK DRIVE BM 3230 EMULATATION ADAPTER YQUE6T EXTERNAL DISK DRIVE YQUEST 27i21MB DISKS EC 17" COLOR MONITOR TI ULTRA PLUS ADAPTERS S/2 WARP ETWARE 3. 12 10 USER CAN STATION 3333 TRIPPED SERVER N.t ..ount 6a1... taN Tot ill d'JU 21. 00 ~69.00 331. 00 369.1210 64.00 1029.00 269.00 84.00 1319.00 144~.00 191216.121121 3~i21.i210 126.00 ~69.i210 1,404.121121 ~69.i21i21 128.00 ?,0~8.00 ~38.00 ~04.00 1,319.00 2,890.00 1, 906. 1210 3~0.00 12,361.0121 .......... $12,361. 00 GCI COMPUTIRI. IHC, 412 .IVINTII AVINUI HIW VOR~, NV 1001. PH. .,2-t11-l1OO PAX 111..".03.. INVOICE NO, ;2;2.3~69 CUSTOMER NO, DSI BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ SHtP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17121~~ PETE CALIFANO DATI I IHlPV1A '12I-1l-9~ I ---,- But we' I'\J~ORDIR NUIIIIR OADlR D~ ...-a.-...u- GUAllnT\' ITIM '",.... - ..a, - 1 1 1 a 2 ;2 ;: ;2 .3 1 1 4 3 3 ~ 1 1 FREIGHT , ----,- ---.- - ........., ----..-._, ~~~-1"=~_E" '==- =c,~~=,~~~-'-:-:-;;iA:: __ _._,_,_____..___,____L_________~_ TI .. ..______.._....~.~E. PEA80!l.__..____,__ -~, _ ._..,.1lJl_._______,_________,__ II OUR OIIDI NUMIIR DIICRIPnOH UNIT_I WAVE 3 FUJITSU 3121968 SCANNER HITACHI 2121" MONITOR ARTIST GRAPHICS 1~12I1211 PCI 4269.121121 1288.121121 ~47.121121 IMAGE EXTENDER G~3121 AT&T 3333 WORKSTATIONS ~220.0121 131121.121121 29121.121121 N,t e"ount Sel,. teN Totel dIal .... 4,269.121121 2,~76.121121 1,12194.121121 l5,22121.121121 3,93121.121121 29121.121121 17,379.121121 .......... '17,379.121121 GCI COMPUTIRI. INC. 411 SlVINTH AVINUI NIW VOIIK. NV 10011 PH, 11I..Rt,UOCJ 'AX 1'2-11'.0311 BILL TO: C. J. H. LEASING .~ BRENNEMAN CIRCLE MECHANICSBURG, PA 1712155 / I ,- DATI SHIP VIA ',O,B, . "'_"",,_c.., I R...t w.., --, * PUIICHABIO~IRNUM'IA OADlA DATE SAllS . .,,-"''''-'''.. l:lll : on,... QUANTITY ITIII OtIC"" -- '.0. - 1 1 3121F5e,ee IBM 525121 EMULAT 1 I FREIGHT I - L____.__.__ INVOICE NO, 2e3727 DSI CUSTOMER NO, SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17055 PETE CALIFANO F PERBON TIAMB DUll OIlDlA NUMlIIIl nON uan UIIIT_ ION ADAPTER 351.1210 le.00 351 . 00 le.00 N.t ..oont 363.00 Sal.. t.K .......... Total dUel 1363.00 caCI COMPUTIRI. INC. 41. .IVINTH AVINUI NIW VOftK, NY 10011 PH, .,..."_ 'AX .1...1'.4101. INVOICE NO, 2241ge CUSTOMER NO, 061 BILL TO: C. J. H. LEA6ING M9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170eS SHIP TO: 061 RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANIC6BURG, PA 170ee PETE CALIFANO " DATI I IIH" VIA ',0,8, F- 10-2!S-9!S r S..t wa~ * 1'UIlCHA8101l0111 NUMIl!ft OADlftDATI "---- SALES PERB 08-2e-g!S AB CIUNlmY .m.L DlIlCIIWTlOH .,.,.- - 1.0, 2 ;2 1 AT &T 3333 SCAN STA 486DX2/66 8MG ME 64KB CACHE e20MB HARD DRIVE 1!S22 ADAPTEC ADAPT KEVBOARD ISA ETHERNET ADAPT 3 3 ;2 AT&T 3333 WORK STA 64KB CACHE MEMORV !S20MB HARD DRIVE KEVBOARD ISA ETHERNET ADAPT 1 1 FREIGHT SIN. 1:1-29088288 1!S-29121230 HH:!9067936-1 N.t Sal I _.L-___.,_._ . -----..---.--. ..,-.-, . -=:~,~=~:=_~-T!Aiie--=:~:=:::=- ~ N.t 30 daYII ~_-=-=::f~'~;;~:; 1 TIONS 144e.00 2,890.00 MORV ER ER TIONS 486DX 1310.00 8MG MEMOR i , 3,930.00, , ER 100.00 100.00' a.ount 6,920.00 .. taN .......... Tatal dUB' .6,920.00 , , GCI COMPUTIRI. INC. 41. IIV"NTII AV.NUI NIW YORK. NV 1001. PH. .,.....,110O 'AX 1,.....-03.. INVOICE NO, 1212397': CUSTOMER NO, DSI BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~5 SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17055 PETE CALIFANO 8H'PV1" ',0,1, E-'-..--_u,--..- ,.,------,-,-- ____ ,u_,_tlIET I"LEI P!R~..Qtl___.._,____ TERM' 3rAYB OUR ORDlR NUM'.R UMT~C' I~ .".,.... OUAll1'1TY - ORDlRD"TI B.IL ,.0, ....... DelCRlI'nON 4 1 4 1 1 FREIGHT SCSI I TO SCSI II 33.00 12.00 132.00 12.00 Nit ..ount 144.00 SaIl' tall III......... Total dIJI. U44.00 GCI COMPUTIRI. INC. "'I nYINTH AYlNUI NIW YORK. NY 10011 PH. 111,...,110O 'AX .'a.e11-0311 tNYOICE NO, 224027 CUSTOMER NO, OS r BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCL~ MECHANICSBURG, PA 170~~ SHIP TO: DSI RECORDS COPP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ PETE CALIFANO /' DATI I SHIP VIA ',O,S, -+- TlRMS - 11-07-':J~ I B..t WIlV * NET 30 DAYS -- .. - outIORDIII~ PURCHASE ORDER NUMSIR I ORDER OA TE SALIS PERSON I 1111l-~~ AB I '.'H7b.7 QUANTITY ITIM DI.CIIIPTION \lIlT PlIICI .... _.... - 1.0, - ,-- , 1 I 1 HAYES 28.8 INTERNAL MODEM 187.00 187.00 1 I FREIGHT 11.00 11.00 . i I N.t lI.ount 198.00 Sal.. tlllC ,..----....-.---.-, ,- .,1--.",__ .__,.__._._____,._.~._. -..--_ ,...-,..,.---..-.--. .......... Tot.l du.. U98.00 I' I SiIlRl1~TB OF StRVlCE AND NOW, this 22nd day of July. 1996, I, Charles E. Haddick, Jr., Esquire, hereby cernfy that I did serve a tnle and correct copy of the foregoing PRAECIPE upon all counsel of record by depositing, or causing to be deposited, same In the U.S. mall, postage prepaid, at Camp Hili, Pennsylvania, addressed as follows: b..fkst-<:Ius MaU: Mark D. Bradshaw, Esquire Ecken Seamans Cherln & Mellott 1 S Market Square Building Harrisburg, PA 17101 which .... 1den1l11ed or which appear anywlwe on either the original Exhibit "A" or the aubltitute Exhibit" A" filed of RlCOrd July 3, 1996, 1I'e C.J. H. leasing Corporallon IIId OSI Records Corporallon. 3. Indeed, other than idenllfying Hearn & Co. and Capital Towers, Inc. as Pennsylvania corporations (Complaint, ", and 6), no explanation of any involvement by Helm & Co. or CapillI Towers, Inc. in the subject matter of the action is offered anywhen: in the Complaint. 4. Additionally, other than identifying Don Hearn as a Defendant (Complaint, '2), and (inac:c:urately) indicating that Hearn "trades and does business as" all corporate Defendants, no indication appears anywhen: in Plaintiff's Complaint as to any involvement by Mr. Hearn in the subject matter of the action is offered anywhen: !n the Complaint. ,. It is a fundamental tenant of corporate law that an individual, even if the sole shan:holder of a corporation, does not "trade and do business as' that corporation. Rather, the individual and the corporate entity an: legally distinct. 6, Plaintiff's Complaint, by identifying Mr. Hearn as 'lid/b/a OSI Records Corporation, C.I.H. Leasing Corporation, Capital Towers, Inc., and Hearn & Co." ignores this fundamental concept. 7. Plaintiff cannot be heard to assert that it does not recognize that OSI Records Corporation, C.J.H. Leasing Corporation, Capital Towers, Inc. and Hearn & Co. II"e III Pennsylvania corporations, having affirmatively pleaded that each such entities have corporate existenc:e in Pennsylvania. Sa: Complaint, "3-6 (pleading that each entity is "a Pennsylvania corporadon"). 2 CIi'.RTlnCATE OF SI'.RVICE I, Mark D. Bradshaw, Ellqulre, hereby certify that I am this day IICI'Ylna I copy or the rorqolnl document upon the penon(s) and in the manner Indicated below, which IlaYIc:e IIlIisftes the requirements of the Pennsylvania Rules of Civil Procedure, by .sll1nl I copy or the llII\e in the United States Mall, Harrllburl. Pennsylvanll, with flrst-clau postqe prepaid, u follows: Charles E. Haddick, Jr., Esquire Marshall" Farrell, P.C. Atrium West. Suite 304 3461 Market Street Camp Hili PA 17011 DATE: ({flu rU~/1I Mark D. Bralww , " "*,,' , , , . , , I'd '. .., >';1\ tIC , " "' I ,"; "t , , n . . 1" :"1- !-l ..... . ,A,! " t I"~ ,:';i ). " 1\' I ':> ....1' ,.. '(il ...., :... ')I-J... I ;\) I', 'I') <.) , 1;>' :J , , 3. Defendant Don Hearn controls, trades, nnd does business as DSI Records Corporation, C.J.H. leasing, Corporation, Hearn & Co., nnd Capitol Towers, Inc., all with business addresses at 9 Brennemnn Circle, Mechanlcsburg. Pennsylvania 17055. All of the above-referenced entities are herelnnfter individually and/or collectively referred to as "Defendant" or "Defendants." 4. Defendnnt DSI Records Corpormlon is II Pennsylvania corporation with a principal place of business at 9 Brenneman Circle, Meclmnlcsburg, Cumberland County, Pennsylvania, 17055. 5. Defendant C.J.H. Lensing Corponlllon is a Pennsylvllnla corponltlon with a principal place of business at 9 Brenneman Circle. Mechanlcsburg, Cumberland County, Pennsylvania 17055. 6, Defendant Hearn & Co. Is a Pennsylvania corporation with a principal place of business at 9 Brenneman Circle, Mechanlcsburg. Cumberland County, Pennsylvania 17055, 7. Defendant Capitol Towers. Inc, Is a Pennsylvania corporation with a principal place of business at 9 Brenneman Circle, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 8. Over the period of March 20, 1995 through November 7. 1995, the Plaintiff and Defendants, at the knowledge and direction of Defendant Hearn, entered into an agreement whereby Defendants agreed to buy. and Plaintiff agreed to sell, computer equipment, software, and peripherals at the times, of the kind, In the amounts, and at the 2 prices more fully appearing by 0 true ond correct copy of the Plaintiff's invoices of original entry hereunto annexed and made II pan of this Complolnt nnd morked as Exhibit "A". 9. All equipment wos directed to OSI Records Corporotion ot the direction and control and/or with the knowledge nnd consent of Oefendnnt Henrn. 10. All hills. except for one nddressed to OSl Records Corporotlon, were addressed to C.J.H. Leasing Corporotton at the direction and control and/or with the knowledge and consent of Defendant Hearn. 11. The equipment sent by Plaintiff hos not been paid for by any of the Defendants, despite repeated requests for some, C;01JN11 . B~CH OF CONTR,,\~ GCS COMPlI'IERS. INC. V. OS. UCORDS CORPO~TJQN 12. Plaintiff hereby incorporates by ,'eference pnragrophs I through II of Its Amended Complolnt os If fully set fonh herein. 13. Plaintiff expressly contracted with DSl Records Corporation. ot the direction and control nnd/or with the knowledge and consent of Defendant Hearn. to sell computer equipment to DSI Records Corporation, 14. Plaintiff substantially performed Its obligation to supply 011 of the equipment and services ordered by DSI Records Corporation. :3 15. On or about March IS, 1996, Plaintiff and Defendant OSI Records Corpomtlon, at the direction and control and/or with the knowledge and consent of Defendant Hearn, agreed that the amount owed to the Plaintiff was Sixty-One Thousand Seventy Nine and 001100 ($61,079,00) Dollars. 16, DSI Records Corpomtlon did not pay the agreed upon amount. 17. It is further averred by Plaintiff that OSI Records Corporation, although frequently requested, refused and continues to refuse to pay said sum or any part thereof, In direct breach of the agreement between the Plaintiff and OSI Records Corporation. 16. As a result of the aforesaid breach of agreement by Defendant OSI, Plaintiff Is now justly due and owing from OSI Records Corporation, the sum of Sixty- One Thousand Seventy Nine and 00/100 ($61,079.00) Dollars with legal Interest thereon from the 20th day of March 1995, WHEREFORE, Plaintiff GCS Computers. Inc, respectfully requests that this Honorable Court enter judgment in Its favor In an amount in excess of $25,000.00 against OSI Records Corporation, together with all allowable interest, costs, and attorneys fees. 4 ~OUNT".~ QS:' ~RS. 11\1<:. V. D~I RECORDS <:Q~ 19. Plaintiff hereby Incorpormes by reference paragraphs 1 through 18 of Its Amended Complaint as If fully set fonh herein. 20. In the alternative, even If no COlllntct Is found to have existed between the Plaintiff and DSI Records Corponulon, which Is denied by Plaintiff, Plaintiff alleges that It Is entitled to recovery on the tht.'ory of qualllum meruit based upon the facts set forth below. 21. Computer equipment, software. and peripherals were furnished to DSI Records Corporation, mthe direction nnd control nnd/or with the knowledge nnd consent of Defendant Hearn, by Plaintiff over the period of Mnrch 20, 1995 through November 7, 1995. 22. The computer equipment described In the allllched snles documentntlon was delivered to, accepted and Ulillzed by DSI Records Corporation at the direction and control and/or with the knowledge nnd consent of Defendant Hearn, nnd n resulting benefit has inured to DSI Records Corporation. 23. Plaintiff, at all times mmerial hereto, rensonably expected payment from DSI Records Corporation, In the amount of Slxty,One Thousand Seventy Nine and 00/100 ($61,079.00) Dollars pursuant to the discussions and dealings between the panles. 24. No part of the said principal sum has ever been paid by DSl Records Corporation to the Plaintiff, notwithstanding repeated demands for same, and such monies 5 are presently owing, unpaid, and due from DSI Records Corporutlon to the Plaintiff, to , Plelntift's grent detriment nnd loss. WHEREFORE, Plaintiff GCS Computers. Inc. respectfully "!quests thet this Honorable Court enter judgment in Its fevor In an amount In excess of $25,000.00 egalnst OSI Records Corporation, together with all allowable Interest, costs and attomeys fees. <:OVN'r III . BREACH OF CONJ'RACI GCS <:OMP~RS. INC. V. DON HEARN 25. Plaintiff hereby Incorporates by reference paragraphs 1 through 24 of Its Amended Complelnt as If fully set forth herein. 26. Plaintiff expressly contracted with Defendant Heern for Plaintiff to sell computer equipment to DSI Records, C.J.H. Leasing Corporation, Hearn & Co., and/or Capitol Towers. Inc. 27. Plaintiff substantially performed Its obligation to supply all of the equipment and services ordered by Defendant Hearn, 28, At all times material hereto Defendant Hearn had sole and flaal control over payment of monies by any of the above-named defendants, notwithstanding any corporate declarations or formalities stating otherwise. 6 29. On or about March IS. 1996, Plaintiff and Defendant Hearn agreed that the amount owed to Plaintiffs was Sixty-One Thousand Seventy Nine aud 00/100 ($61.079.00) Dollars. 30. On or about June 14. 1996, Plalntlffs agent sent written confirmation to Defendant Hearn, regarding the amount due on the COlllract, pursuant to the terms agreed upon by Plaintiff and Defendant Hearn. 31. The agreed upon amount was not paid by Defendant Hearn. 32. It Is funher averred by Plaintiff that Defendant Hearn. although frequently requested, refused and continues to refuse to pay said sum or any pan thereof, In direct breach of the agreement between the Plaintiff and Defendant Hearn. 33. As a result of the aforesaid breach of agreement between the pllnles, Plaintlff Is now Justly due and owing from Defendant Hearn. the sum of Sixty-One Thousand Seventy Nine and 00/100 ($61,079.00) Dollars with legal interest thereon from the 20th day of March 1995. WHEREFORE. Plaintiff GCS Computers. Inc. respectfully requests that this Honorable Coun enter Judgment in Its favor in an amount in excess of $25,000.00 against Defendant Hearn, together with all allowable interest. costs, and attorneys fees. 7 ~. OU"wrUM M.U.Y1I GC~ COMl!.!I.lY.INC. v. DONBMBri 34. Plaintiff hereby incorpormes by reference parngraphs 1 through 33 of its Amended Complaint as If fully set forth herein, 35. In the alternative, even if no contract Is found to have existed between the Plaintiff and Donald B. Hearn, which Is denied by Plaintiff, Plaintiff alleges that It is entitled to recovery on the theory of quantum meruit based upon the facts set forth below. 36. Computer equipment, software, and perlphemls were furnished to Defendant Hearn by Plaintiff over the period of March 20. 1995 through November 7, 1995. 37. The computer equipment described In the attached sales documentation was delivered to, accepted and utilized by Defendant Hearn. and a resulting benefit has Inured to Defendant Hearn, 38. Plaintiff, at all times material hereto, reasonably expected payment from Defendant Hearn, in the amount of Slxty,One Thousand Sevent} Nine and 00/100 ($61,079.00) Dollars pursuant to the discussions and dealings between the parties. 39. No part of the said principal sum has ever been paid by Defendant Hearn to the Plaintiff, notwithstanding repeated demands fOI same, and such monies are presently owing, unpaid, and due from Defendant Hearn to the Plaintiff, to Plaintiffs great detriment and loss. 8 WHEREPORE, PhllntilT GCS Computei'll, Inc. respectfully retluests thlltthls Honorable Court enter judgment In its favor in nn IImount In excess of $25,000.00 IIglllnst Defendnnt Heam, together with ollnllowable Interest, costs und lI110meys fl'Cs. ~\!NI y . INTEI'fflONbL MISJWPRE~ln~TATJON. GCS COMPUTERS. INC. V. DON JlMJlN 40. Plaintiff hereby Incorporates by reference paragrnphs 1 through 39 of Its Amended Complaint as If fully set forth herein. 41. Defendant Henrn represented to Plaintiff that Defendant Hearn and his companies had the ability, liquidity, and solvency to pay for the goods and services provided by Plaintiff. 42. The representation concerning Defendant's ability to pay for the goods and services was material to the transaction between Plaintiff and Defendant Hearn for Plaintiff to supply goods and services to Defendant Hearn and for Defendant Hearn to pay Plaintiff for such goods and services. 43. Defendant's Hearn's represelllatlon to Plaintiff that Defendant Hearn had the ablllty to pay was made falsely, with the knowledge that such statement was false, or in the alternative was made with reckless disregard of the truth or falsity of such statement. 9 44. Derendant's Hearn's representation that Derendant Hearn hnd the ability to pay was mnde with the Intent or misleading Plalntlrr into relying upon such representation. 45. In justifiable reliance on Derendant's Hearn's misrepresentation, Plaintiff sold the subject goods and services to Derendant Hearn. 46. Derendant Hearn did not pay the nmount due nnd owing even though he represented that he had the ability to pay. 47. Plalntlrrs justifiable reliance on Derendant Hearn's misrepresentation proximately caused the Plaintlrr damages in the sum or Slxty,One Thousand Seventy Nine and 00/100 ($61,079.00) Dollars with legal Interest thereon rrom the 20th day or March 1995, WHEREFORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Coun enter judgment In Its ravor In an amount In excess or $25,000.00 against Derendant Hearn, together with all allowable Interest, costs and attorneys rees. CQYNT VI . !.'lEGLIG~NT MIS~PRES~NTAnON GCS COMPUTERS. INC. V. DON HEARN 48. Plaintlrr hereby incorporates by rererence paragraphs I through 47 or Its . Amended Complaint as ir rully set ronh herein. 10 49. Defp.ndant Hearn misrepresented to Plaintiff that Defendant Hearn had the ability to pay for the goods and services provided by Plaintiff. 50. The representation concerning Defendant's ability to pay for the goods and services was material to the transaction between Plaintiff and Defendant Hearn for Plaintiff to supply goods and services to Defendant Hearn and for Defendant Hearn to pay Plaintiff for such goods and services. 51. Defendant Hearn had knowledge of the misrepresentation, and/or made the misrepresentation with knowledge as to Its truth or falsity, and/or made the representation under circumstances which he knew or should have known of the falsity of such representation. 52. Defendant's Hearn's representation that Defendant Hearn had the ability to pay was made with the Intent of misleading Plaintiff into relying upon such representation and with the intent to induce Plaintiff into selling the goods and services. 53. In justifiable reliance on Defendant's Hearn's misrepresentation, Plaintiff sold the subject goods and services to Defendant Hearn. 54. Defendant Hearn did not pay the amount due and owing even though he represented that he had the ability to pay, 55. Plalntifrs justifiable reliance on Defendant Hearn's misrepresentation proximately caused the Plaintiff damages in the sum of Slxty.One Thousand Seventy Nine and 00/100 ($61,079,00) Dollars with legal Interest thereon from the 20th day of March 1995. 11 WHEREFORE, Plaintiff GCS C.omputers, Inc. respectfully requests thllt this Honomble Coun enter judgment in ils favor in an amount In excess of $25,000.00 IIgnlnst Defendant Hearn, together with allllllowable Interest, costs IInd lI110meys lees, COUNT V.l . BREAC" Of CONTRAcr Q<:S COMP!lmRS. INC. V. c.J.n. LEASINg CORPQM'I12lf 56. Plaintiff hereby Incorporlltes by reference paragraphs I through 55 of Its Amended Complaint as if fully set fonh herein. 57. Plaintiff expressly, or in the alternmlve, Impliedly contrllcted with C.J.H. Leasing Corporation, at the direction and control and/or with the knowledge and consent of Defendant Hearn, to sell computer equipment to DSI Records Corporation and to bl\l C.J.H. Leasing Corporation for those goods and services. 58. Plaintiff 3ubstBIltlally performed its obligation to supply all of the equipment and services ordered by C.J.H. Leasing Corporation and/or DSI Records Corporation. 59. On or about March IS, 1996, Plaintiff and Defendant C.J.H. Leasing Corporation, at the direction and control and/or with the knowledge and consent of Defendant Hearn, agreed that the amount owed to the Pllllntlff was Sixty-One Thousand Seventy Nine and 00/100 ($61,079.00) Dollars. 60. C.J.H. Leasing Corporation did not pay the agreed upon amount. 12 61. It Is further uverred by Plulntlff thut C.J.H. Leuslng Corporation, uhhough frequently requested, refused und continues to refuse to pay suld sum or any part thereof, In direct breach of the ugreement between the Plullltlff and C.J.H. leasing Corporation, 62. As u result of the llforesuld breuch of ugreement between the purtles, Plaintiff Is now justly due und owing from C.J,H. Leuslng Corporutlon, the sum of Slxty- One Thousand Seventy Nine und 00/100 ($61,079.00) Dollurs with legul Interest thereon from the 20th duy of March 1995. WHEREFORE, Plulntlff GCS Computers, Inc, respectfully requests thut this Honorable Court enter judgment In Its favor In an umount In excess of $25,000.00 against C.J.H. Leasing Corporation, together with all allowable Interest, costs, and attorneys fees. COUNT VIII . QUANTllM ME{\UlT GCS CO~UTERS. INC. V. C.J.g. ~SING C08J'OllATION 63. Plaintiff hereby Incorporl\tes by reference paragraphs 1 through 62 of Its Complaint as If fully set forth herein. 64. In the alternative, even If no contract Is found to have existed between the Plaintiff and C.J.H. leasing Corporation. which is denied by Plaintiff, Plaintiff alleges that 13 It Is entitled to recovery on the theory of qUllntum meruit bllsed upon the facts 5el fonh below. 65. Computer equipment, software, IInd periphernls were furnished to C.J.H. Leasing Corpomtion, lit the direction IInd control lind/or with the knowledge IInd consent of Defendant Hearn, by Plaintiff over the period of March 20, 1995 through November 7, 1995. 66. The computer equlpmelll described In the allllched sales documentlltlon was deltvered to, accepted and utilized by C.HI. Leasing Corporation at the direction and control and/or with the knowledge and consent of Defendant Hearn, and a resulting benefit has Inured to C.J,H. Leasing Corporation. 67. Plaintiff, at alt times material hereto, reasonably expected payment from C.J.H. Leasing Corpomtlon, In the amount of Sixty-One Thousand Seventy Nine and 00/100 ($61,079.00) Dollars pursuant to the discussions and dealings between the panies. 68. No pan of the said principal sum has ever been paid by C.J.H. Leasing Corporation to the Plaintiff, notwithstanding repeated demands for same, and such monies are presently owing, unpaid, and due from C.J.H, Leasing Corporation to the Plaintiff, to Plaintiffs great detriment and loss, WHEREPORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Coun enter judgment In Its favor in an amount in excess of $25,000,00 against C.J.H. leasing Corpomtlon, together with all allowable Interest, COStS and attorneys fees. 14 ~.~ 69. Plaintiff hereby Incorporntes by reference parngrnphs I through 75 of Its Complaint as if fully set fonh herein. 70. In the alternative, even If no contmct Is found to have existed between the Plaintiff and Hearn Be Co, and Capitol Towers, Inc. as a third pany beneficiary, which is denied by Plaintiff, Plaintiff alleges that It Is entltied to recovery on the theory of quantum meruit based upon the facts set fonh below. 71. Upon Information and belief, computer equipment, software, and periphemls were furnished to Hearn Be Co. and Capitol Towers, Inc, over the period of March 20, 1995 through November 7, 1995. 72. Upon information and belief, the computer equipment described In the attached sales documentation was delivered to, accepted and utilized by Hearn Be Co. and Capitol Towers, Inc., and a resulting benefit has Inured to Hearn Be Co. and Capitol Towers, Inc. 73. Plaintiff, at all times material hereto, reasonably expected payment from Hearn Be Co" Capitol Towers, Inc" in the amount of Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars pursuant to the discussions and dealings between the panies. 74. No pan of the said principal sum has ever been paid by Hearn Be Co. or Capitol Towers, Inc. to the Plaintiff, notwithstanding repeated demands for same, and such 15 GCI COMPUTIRI, INC. .... .IV.NTH AVlNUI NIW YOIll<, NY \DOII 'H, 111..n_ 'AM III..n.... CUSTOMER NO, OS I INVOICE NO 223168 Bill TO: C. J. H. LEASING 19 BRENNEMAN CIRCLE MECHANICSBURG, PA 17033 SHIP TO, DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17033 TERMS 1Il.t 30 daYII - './ 3- OUR ORDER NUMBER 730390 IXTlHDlD ""CI PETE CALIFANO TI 89-19-93 "" ", F, But * ,.." ..t I' ~, .ALQ PERSON ::' ,OI_,noN J '.'~) "\ UNIT ""CI 3298-0240 14" ESVGA MONITOR * 332.00 332.00 14 ADAPTEC 2940 SCSI ADAPTER 133.00 133.00 13 ADAPTF.C 1340 SCSI ADAPTER 187.00 187.00 3333-K'189 1GB SCSI HARD DRIVE 713.00 713.001 17 HAYES 14.4 FAX MODEM 96.00 96.00 JUKE BOX , 18 HP 20XT,20GB 4316.00 4,316.00 19 1.3GB OPTICAL PLATTERS 81.00 810.00 1 1 1 1 1 1 1 1 1 1 1 1 10 10 WORK STATION tU 1 1 3246-6007 486DX2/66 DOS/WIN/MOUSEC 8MB MEMORY 1.44MB FLEX DRIVE 1 1 3246-F 113 236KB CACHE 1 1 3099-F440 KEYBOARD 1 1 23 ETHERNET COAX BNC 1 1 3099-K7!58 320MB DISK DRIVE * 1 1 23 17" COLOR MONITOR 1 1 26 ATI ULTRA PLUS 2MB WORK STATION 12 & 13 1444.00 1,444.00 84.00 44.00 97.00 423.00 I 84.00 44.00i '97.00! 423.00. 1029.00 269.00 1, 029. 00 269.00 I CONTINUED EXHIBIT A aCI COMPUTIR.. INC. ... '1V1NTIl AVINUI HEW YOIIN, NY '00" "H. .'."'.-00 'AX II.-tttoOI.. ~Ill TO, ~ C. J. H. LERSING .~ BRENNEMRN CIRCLE MECHANICBBURG, PA 17033 1 ; 1 ' : 3246-6007 I I , ! I I ! 1, I 3246-K 11 3 ~I 3299-K1I1I0 ,4 1, I 3099-K7se 1 i ; 3099-K063 ~ ! 7 i8 , i I , Ii 3246-6007 11 1, 11 11 I 1; Ii I, I I II , , , I I 32116-F 11 3 I 3099-F4110 Ie 1 I II i I I I ,_ .___~---L_ tNVOlC:eNO, 113168 CUllUM.'" NO DB 1 IIHIPTO, P81 RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURB, PR 17035 PETE CALIFANO ',0", 'j SALIS PERI!ON ~-~~:i~r-~e"t W::'~A" , ':in'. * . . -~~"HUMiu. OIIDl"D~~ . 09-08-9!5 AB - ..., I ' ,!Y,ilia' ou::: la, ~ I DlilCllpno~ , i SCAN STATION :RT&T GLOBALYST !5~0 'I 486DX2/66 ,DOS/WIN/MOUSE 'eMB MEMORY 1'1.44 FLEX DRIVE 256KB CACHE ,KEYBORRD :ETHERNET COAX BNC 1520MB DI6K DRIVE IBCSI CTL PCI 20" HITACHI 2096MU IATRIST GRRPHICS 15001 PCI 76HZ ADAPTER IMAGE EXTENDER AU T GLOB. 15150 486DX2/66 'DOS/WIN/MOUSE 8MB MEMORY i 1.44 FLEX DRIVE :256KB CRCHE KEYBOARD ETHERNET COAX BNC ! ", '~R'" N.t 30 daYI '---=:=r=iiu";~~~~1I - l~~,~ I 141111. 00/ I , 1,444.0e i 64.00 84.00 * , 44.00 41t.00 I 97.00 97.00 * 423.001 423.00 it 181.00 1/U. ea 1288.001 1,288. ea 1547.00 1547.00 11144. 00, I 1,444.00 84.001 411. 001 '37. 00 I , 84.00 44.00 97.00 CONT I NUEO EXHIBIT A '. 3238-2021' AT&T GLOB. ~20 DOS/WIN/MOUSE 8MB MEMORY ~40MB HARD DRIVE 1.44MB FLEX KEYBOARD 2~6KB CACHE ETHERNET COAX BNC HP LABER JET 4+ DUPLEX OPTION FOR HP 4~' GCB COMPUTI!RB. INC. .... IIV.NTH AVINUI NIW VOIII<, NY 10011 'H, "'''"-110O 'AK "'''"00<111 BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ lIHIPV1A .9-19-9~ B..t way * OIIOlIRNUMIIR ORDfRDATE 09-08-9~ ITPI a.o. ..- e 2 2 2 3099-K 114 2 2 29 1 1 30 1 1 31 1 1 31 2 2 32 2 2 32 2 2 33 e 2 34 2 2 31:5 1 1 FREIGHT J____ _ tNVOICE NO, 223168 CUB TOMER NO, OS I BHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ PETE CALIFANO ',O,B, TERMS .t 30 day. --r URORDfRNUM.ER 7301:590 UNIT_ ~DIO SAW PERSON AB , DlICIIPI10H 1448.00 2,896.00 THIN COAX CABLES(5l 62.00 124.00 97.00 194.00 1484.00 1,484.00 463.00 463.00 16.00 16.00 368.00 736.00 119. 00 238.00 106.00 212.00 1029.00 2,0~8.00 269.00 ~38.00 269.00 269.00 8MB MEMORY FOR HP VECTRA 486/25n1 66MHZ CHIP UPGRADE FOR HP VECTRA 486n1 ETHERNET/BNC CONNECTION MONITORS FOR WORKBT. 2 & 3 17" NEC COLOR MONITOR ATI ULTRA PLUS 2MB N.t asount 2~,184.00 Sal.. tall --------.-,----j .......... Total du.. t2e, 184.00 GCI COMPUTERS. INC. 4" .IVINTH AVINUI NIW VORK, NV 1001. PH, 1""''''100 fAX II.....~.. INVOICE NO, 220134 CUSTOMER NO, OS I BILL TO: DSI RECORDS CORP. g BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ SHIP TO' SAME PETE CALIFANO , OATI I SHIP ~IA f,O", I . , , 03-20-95 I BRst way * I NRt 30 days PVIlCIIAIE ORDER NUMBER I ORDEROATI ,'ALE' PERION I., tlUIIORDE,fNUMII I 02-17-9~ AB I 72~96~ GUAHTlTY ITDI ' " , , '1/; ~ en.MOo - ..0. _IIR :"~OH UHIl'~ , 2 2 1 ARTIST GRAPHICS 1~001 PCf 547.00 1,094.00 76HZ CARD 2 2 1:: 20" HITACHI MONITOR 209~MU 1288.00 2,~76.00 1 1 FREIGHT / ~~.00 ~~.00 I i , NRt asount 3.72~.00 Sahs taM - --. - .......... Total duu '3.72~.00 GCI COMPUTER8, INC. 41. SIVINTH AVINUI NIW YORK. NY 10011 PH, .,."11-110O 'AX .11..11-0318 INVOICE NO, ~~~7a9 CUSTOMER NO, DSI BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17121ee SHtP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17121ee PETE CALIFANO / DATI! I SHIPYlA . ',0.1, I TIRMB lIIA_PI_Cl!'\ I RDa!, WD. .. I i:)... ,~Ol <i"va I'IINlHA8E ORDlR NUMBER ORDlRDATI! SALES PEHSON , I OUR OROIR NUMBER OlA-OlCl-Cl!'\ CR I lIUAImTY ITIII ' DIIClltPnON UHITPIIICI -VD MY,. .- '.0, ~':" '", 6 6 1 OS/2 WARP 84.121121 eI2l4.12I121 1 1 2 NOVELL V3.12 1121 USER 1319.121121 1,319.121121 1 1 FREIGHT 2121.121121 2121.121121 i , I , , , ! I , I N.t e",ount 1,843.121121, Se1u tell .--------.-.-- -,,-,_.- --.,-----".. .......... Totel dlJl!' U,843.121121 GCB COMPUTERS, INC. 41' IlYRNTH AYRNUR NIW YORK. NY 100'1 PH, 111"",110O 'AX RIH21~18 tNVOICE NO, 2227151 CUSTOMER NO, OS I BILL TO: C. J. H. LEASlNG .9 BRENNEMAN ClRCLE MECHANlCSBURG, PA 170155 SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17033 PETE CALIFANO '.0,8, N IALER PERSON OUR OR 'lIUNmTY mM DIICRlPnOH UNIT ""I" "... . -- ..., NUMIlIIl 1 1 1 SYQUEST 270MB EXTERNAL 3.5" 569.00 369.00 HH CARTRIDGE TAPE WITH PARALL 1 1 FREIGHT 15.00 15.00 N.t a.Dunt Sal.. tall ..~....... Total do"., .1584.00 Gce COMPUTERS. IHC, 411 IIVENTH AYENUE NEW YORK. NY '001' PH, .11-f...aeoo 'AX .1....1-0311 INVOICE NO, 223000 CUSTOMER NO, DSI Bill TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17033 SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17033 PETE CALIFANO ,. DArE T SHIP VIA ',0,1, ' I TIRMS '\ ..a-0' -93 r B..t wav * r N.t: 31ll dav.. PURCHASEORDlRNUMSER ORDER DATE SAW PERSON T ORDER NUM.IA llla_"",_Cl'" AB I 7:'101:'1'.' ClllAImTT IYDI '/':1 a:rtr" err,_ _a ..a, --- D..ClIlPnON UIlrtf.'- 1 1 1 AT &T 3333 1343.00 1, 345. 00 48&DX2/GG G4KB CACHE 320MB HARD DRIVE KEYBOARD 8MB MEMORY 1.44MB FLEX DRIVE ADAPTEC 1322 SCSI ADAPTER DOS,WIN,MOUSE 1 1 2 20" HITACHI MONITOR (209&MUI 1288.00 1, 2S8. 00 1 1 3 CABLE TO PROCESSOR 44.00 44.00 1 1 FREIGHT 33.00 55.00 SIN CPU. 13-29094974 SIN MONITOR. T000449 N.t ".Dunt 2,732.00! s..l.. taM ,_L_, '---1..,...__.. ,.._.. ..___..1-_,________ .......... Total dIal $2,732.00 GCI COMPUTIRI, INC. <It. SlVINTH "VINUI NIW VO"K. NY 10011 pH. "...n_ 'AK .I...n~.. BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170515 INVOICE NO, f229ge DSI CUB TOMER NO, BHtP TO: DSI RECORDS CORP. 9 BRENNEMAN'CIRCLE MECHANICSBURG, PA 170515 PETE CALIFANO SHIP YlA ',0,8, OIIIl1!AOATI SAllS Pl!RSON OUNmTY ITIII ' , DlICM'l1ClH en,_ - "0- - I, XIONICS BOARDS 1 1 1 XIP-BT-8 1 1 Z XPK-H4 PLUS/2 1 1 3 XIM-FG PLUS 1 1 FREIGHT OUR OIIOEII HUMBER UHlT~ 3825.00 178.00 245.00 30.00 Net a.ount Sahs tall Total dOJe. "D 3,825.00 178.00 245.00 30.00 4,278.00 .......... 14,278.00 GCS COMPUTERS. INC. 4t. .IVINTH flVlliUI NIW YORK, NY 1001. PH. .11...._ 'flK .,1-4...0:111 INVOICE NO, 223168 CUSTOMER NO, OSI Bill TO: C. J. H. LEASING _9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ SHIP TO, OSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ PETE CALIFANO SHIP VIA ',D,S, lfiRMS It OROlRDATE SALES PERSON OUA ORDIII HUM 30i!590 UNtTPllICI ~ _ AB QU MY,_ _ a.a, 111111 _a", OIBc""nOH 1 1 3298-0240 14" ESVGA MONITOR * 332.00 332.00 1 1 14 ADAPTEC 2940 SCSI ADAPTER 135.00 13~.00 1 1 15 ADAPTEC 1~40 SCSI ADAPTER 187.00 187.00 1 1 3 '~Q ACSI HARD DRIVE 713.00 713.00 1 1 1 If '2--2?,1 (.,<0 .....I"\r-M '36.00 96.00 1 1 ~ I 0, 17 J 4516.00 4, ~16. 00; 10 10 rERS 81.00 810.00. 1 1 1444.00 1,444.00 .. . .. 1 1 3246-F113 256KB CACHE 84.00 84.00 1 1 3099-F440 KEVBOARD 44.00 44.00 1 1 23 ETHERNET COAX BNC 97.00 97.00 1 1 3099-K758 520MB DISK DRIVE * 423.00 423.00 1 1 25 17" COLOR MONITOR 1029.00 1,029.00 1 1 26 ATI ULTRA PLUS 2MB 26'3.00 269.00 WORK STATION *2 & _3 CONTI NUED GCB COMPUTI!RB, INC, <ltl IIVINTH AVENUI NIW VORK. NV 1001. PH, ""'",1800 'AM 11II-l'II,OUI INVOICE NO, 223311 DSI CUSTOMER NO, Bill TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICaBUR~, PA 170~~ PETE CALIFANO SHIP VIA ',0,8, * ORillA DATE IALEI PERSON 9-08-95 OUANTITY 'TlII "".-' _D ..0. IlUllIEA DIICRlPnOll 1 1 3338-;2021 AT&T 4860)(2/66 18~3.00 1,8~3.00 D/W/M 8MB MEMORY 1.44 FLE)( DRIVE KEYBOARD 1 1 3099-K123 8MB MEMORY UPGRADE N/C 1 1 3099-K078 VIDEO MEMORY-1MB UPGRADE 53.00 53.00 1 1 FREIGHT 25. 00 2~.00 SIN. 1~-2'3600618 N.t ..Dunt 1, 931 . 00 S.hl t.M .......... TDt.l du.. U, 931. 00 GCI COMPUTeRS. INC. 411 IIVINTH AVINUI NlW VORK. NY .0011 PH. 1'1".1'110O 'AK .1....1.0311 INVOtCENO, 223314 CUSTOMER NO, OS I BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~e SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17121~e PETE CALIFANO DATI I lHiPYlA ',0,1, I TERMS 'e9-28-'3~ I But ""a' * I N.t 3~ davs I'UIICHAIE ORDIR NIJI.IIlIR ""DlRDATI SAW PERION - OUR ORDlR NUMIER 1119-1116-95 AB '~-"'I' .. 0UAIll1TY . &,. ~ en._ - 1.0, OIICRlPT1DN UNIT ""01 G 6 1 2120 ROMAT FORMAT 120MB TAPES 21.121121 126.00 4 4 2 IBM 5250 EMULATION ADAPTERS 3e 1 . 1210 1,404.00 WITH TWINAX CABLE 1 1 3 SYQUEST DISK DRIVE 270MB EXT. e69. 1210 569.00 2 ;2 4 DISKS FOR SYQUEST DISK DRIVE 64.1210 128.00 1 1 FREIGHT 65.1210 615.00 N.t a..ount 2,292.00 Sa1.. taH I ------ . -,--~_._.,'_..,- ,-.--._.. ._---------,. _, ..._'n'_'-L...' .......... Total d'JU $2,292.0121 GCB COMPUTIRS, INC, oil. 'IVINTH AVINUI NIW YORK. NY 10011 PH, "1"",1100 PAX I'H'I-OUI INVOICE NO, 2231568 DSI CUSTOMER NO, BtLL TO: C. J. H. LEASING "9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17015e SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170155 PETE CALIFANO --, / DAT! I SHIPYlA F,O,S, I TERM' UI-11-9!5 I B...t WA\ .. I ~D~ 3~ dAVI PlMllH"'1 OIIDI!R NUMIER ORDER OA TE SALES PERSON " OUR ORDER NUMIlR 'Ill_.._a.. OR 731""" .-. " GUAImTY nDI DIICRIPnOH UNIT MOl DJlrr ,",,- - 1.0, -.... WAVE 2 6 6 1 COLORADO TAPES 21.00 126.00 1 1 ;: SVQUEST EXTERNAL DISK DRIVE 569.00 569.00 4 4 3 IBM 5250 EMULATATION ADAPTER 351. 00 1,404.00 1 1 4 SVQUEST EXTERNAL DISK DRIVE 569.00 569.00 I 2 2 5 SVQUEST 270MB DISKS 64.00 128.00 2 2 6 NEC 17" COLOR MON ITOR 1029.00 2,058.00 2 2 7 ATI ULTRA PLUS ADAPTERS 269.00 538.00 6 6 8 OS/2 WARP 84.00 504.00 1 1 9 NETWARE 3. 12 10 USER 1319.00 1,319.00 e 2 10 SCAN STATION 3333 1445.00 2,890.00 1 1 11 STRIPPED SERVER 1906.00 1,906.00 1 1 FREIGHT 350.00 350.00 N.t a..ount 12,361.00 Sal.. tal< --- ,_____.~h____~'m' _ -... ".,.,--_..._----,-, -- ...a...IlIDm Tot a 1 d'JItI $12,361.00 GCB COMPUTeRS. INC. 411 IEVINTH AVENUI NIIW VORK, NY 10011 PH, III..n_ FAX .I...2toOU8 INVOICE NO, 223156"3 CUSTOMER NO, OS I BILL TO: C. J. H. LEASING .9 BRENNEMAN CIRCLE MECHANICSeURG, PA 1701515 SHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170!5~ PETE CALIFANO t I - DATI 8H1P VIA F,O,8, TERMS 10-11-915 T BI..t we- * T NlIt :;\0 devs PUIlOHAII ORlllR NUM81R OIIOIR DATI 8ALlS PERSON I OURDllDlRNUM8Ill ...~. . '11I_ I I -Q!5 "." I 7::11::1:>1'. .OUAImTY ITIII ~. DI8CRlPnON UNITPIIlDI l'. .' '",.... . ,- 1.0. -... , ' "f."',"'f , WAVE 3 1 1 1 FUJITSU 309e.G SCANNER 4269.00 4,269.00 2 2 2 H !TACH I 20" MON ITOR 1288.00 2,~7G.00 2 2 ;3 ARTIST GRAPHICS 15001 PCI 547.00 1,094.00 1 1 4 IMAGE EXTENDER G530 5220.00 5,220.00 :3 :3 15 AT&T 3333 WORKSTATIONS 1310.00 3,930.00 1 1 FREIGHT 290.00 290.00 Nit ."ount 17,379.00 Sell. taM I u__n__.___ --.....-,-..-...-....-, " . ,,---- ", -.-. -0.. ,...- ----...--.------ .......... Total dOJlI1 .17,379.00 DIII'J.GAT.IQI I, j,;"M.d( k/l/{'/" ,as Itt~/J(,I/ f ,of GCS Computm, Inc. hereby vvIfy that the facts SIlt forth In the f'oresolng Amended Complaint are trUe and correct to the best of my knowledge, lnfonnatlon and bel1ef. I understand that false stltementJ herein Ire made IUbJec:r ro rhe penalri. of 18 Pa.C.S. 14904, rtl.atlng to WlSWom falsLflcation to authorlt1es. Dated: 1'A~h.6 3. However, while Plalntlfrs purported claims arc based upon an alleged express qrcement (made Exhibit "A" to Plalntifrs Amended Complaint), the only two Defendants which are Identified or which appear anywhere on Exhibit" A" to the Amended Complaint are C.I.H. Leasing Corporation ilIId DSI Records Corporation. 4. Indeed, other than identifying Hearn &. Co. and Capital Towers, Inc. as Penn.ylvanll corporations (Complaint, "6 and 7), no explanation of any direct involvement by Heam &. Co. or Capital Towers, Inc. with Plaintiff is offered anywhere in the Complaint. 5. To the contrary, the Amended Complaint merely recites that Plaintiff "reasonably" expected payment from Hearn &. Co. and Capital Towers without iUl)( factual explanation for the basis of this "expectation" and without any averments of any dealings with any representative of either Hearn &. Co. or Capitol Towers, Inc. Instead, these averments are offered as naked legal conclusions. 6. Additionally, the Amended Complaint identifies Don Hearn as a Defendant (Complaint, '3), and (inaccurately) indicates that Hearn "control", trades and does business as" all corporate Defendants, 7. Nevertheless, it is a fundamental tenant of corporate law that an individual, even if the sole shareholder of a corporation, does not "trade and do business as" that corporation. Rather, the individual and the corporate entity are legally distinct. 8. Plalntifrs Amended Complaint, by pleading that Mr. Hearn "controls, trade~ and does business as" DSI Records Corporation, C.J.H. Leasing Corporation, Capital Towers, Inc., and Hearn &. Co." ignores this fundamental concept. 2 9. Plaintiff cannot be heard to Assert that it does not recognize that DSI Records Corporation, C.1.H. Leasing Corporation, Capital Towers, Inc. and Hearn &. Co. arc all Pennsylvania corporations, having affirmatively pleaded that each such entities have corporate existence in Pennsylvania. ~ Amended Complaint, "4-7 (pleading that each entity is "a Pennsylvania corporation"). 10. Additionally, Plaintiff has purported to direct four separate counts against Don Hearn, Individually. Countlll - Breach of Contract, Count IV - Quantum Meruit and Count V - Intentional Misrepresentation and Count VI - Negligent Misrepresentation. 11. None of these counts can withstand a demurrer as pleaded. 12. With respect to the breach of contract action, Plaintiffs Amended Complaint itself belles the idea that Defendant Hearn has, or could have any individual liability. 13. Indeed, paragraph 26 of Plaintifrs Amended Complaint expressly avers that Plaintiff contracted with corporate entitles and Wll Defendant Hearn individually. 14. Paragraph 26 of Plalntifrs Amended Complaint reads as follows: "Plaintiff expressly contracted with Defendant Hearn for Plaintiff to sell computer equipment to DSI Records. C.1.H. I L'Julnll Corporation. Hearn &. Co. and/or Capitol Towers. Inc." This paragraph makes clear that Plaintiff contracted to supply the computer equipment to one or more corporate entities. U. Whether or not Mr. Hearn was individually involved in this transaction is of no moment. Assuming (without admitting) that he was, any cause of action by Plaintiff would nevertheless be directed to the corporate entity Defendants rather than to Mr. Hearn, individually. 3 l6. Once again, Plalntifrs Amended Complaint at paragraph 28 makes clear that Plalntirrs allegation Is that the corporate entities have not paid money which is due by them. 17. Paragraph 28 of Plalntlfrs Amended Complaint reads as follows: "At all times material hereto Defendant Hearn had sole and final control over payment of monies ~ III)' of the above-named Defendants, notwithstanding any corporate declarations or forma1itlea stating otherwise. " 18. Similarly, notwithstanding the restatement of Plaintlfrs Quantum Meruit Claim as against Defendant Hearn individually, it is clear from the only documentation Plaintiff has attached to Its Amended Complaint that the equipment was to be billed to C.I.H. Leasing, and shipped to DSI Records Corporation. Thus, Plalntlfrs own documentation contradicts Plaintiff's assenion that any computer equipment was "delivered to, accepted and utilized by Defendant Heam." 19. Once again, no explanation is suggested by Plaintiff's Amended Complaint with respect to any factual reason Plaintiff might have "reasonably expected payment from Defendant Hearn." Instead, these averments are offered as naked legal conclusions. 20. Lastly, Plaintiff's Amended Complaint pleads that "Defendant Hearn represented (or misrepresented) to Plaintiff that Defendant Hearn and his companies have the ability, liquidity and solvency to pay for the goods and services provided by Plaintiff." S<< Amended Complaint at '41, '49. 21. However, once again, Plaintiff furnishes no documentation to substantiate Defendant Hearn's alleged promise to answer for the debt of another -- here C.I.H. Leasing and/or DSI Records Corp. 4 23. Plalntifrs Amended Complaint as against DSI Records Corporation and C.1.H. LeasIng Corporation alleges the existence of an express agreement as memorialized in Exhibit "A." 24. However, the documents attached as Exhibit" A" constitute merely Plalntifrs invoices. Plaintiff's Amended Complaint Is devoid of any form of written acknowledgement by any Defendant of the terms of any alleged "agreement". 25. The Amended Complaint does not include any documents constituting a purchase order or other written request that any materials be shipped or invoiced. 26. The Amended Complaint also does not include any correspondence, acknowledgement or any other writing signed by the party to be charged with performance, i.e. C.I.H. Leasini Corporation, or DSI Records Corporation or by anyone affiliated with these Defendants. 27. As a result, Plaintifrs Amended Complaint fails to comply with Rule 1019(h). 28. Additionally, the Amended Complaint does not allege the formation of any enforceable agreement by and between Plaintiff and any authorized representative of Defendant. 29. For all the foregoing reasons, Plaintiffs Amended Complaint is deficient as a matter of law even with respect to the only two entities mentioned anywhere in the documents upon which Plaintiff relies to establish its claim. WHEREFORE, Defendant DSI Records Corporation and C.J.H. Leasing Corporation respectfully request that Plaintifrs Amended Complaint be dismissed, or, in the alternative, that Plaintiff be directed to file a more specific pleading within twenty days or suffer judgment of non pros. 6 Respectfully submitted, ECKERT SEAMANS CHERIN " MELLOn' . ~\~~~ Mark D.'Bradshaw, Esquire 1.0. No. 61975 Christopher M. Cicconi, Esquire 1.0. No. 19331 213 Market Street P.O. Box 1248 Harrisburg PA 17108.1248 " ' Attorney for Defendants , , I J I 7 , . .. PRAECIPE FOR LISTING CASE FOR ARGUMENT , (l'bIt be typewritten am subnitted in dupl.icote) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please liBt the within matter far the next ArgIInent Court. -----------------------------------------------------------------------------------~--- CAPTION OF CASE (enti:re c:aption must be stated in full) GCS Computers, Inc. (Plaintiff) VB. DSI Recorda Corporation, C,J,H, Leasing Corporation, Capitol Towers, Inc" Hearn & Co" and Don Hearn ( Defendant) No. 96-3726 Civil (") '-0 ( ell " ..,;f ',: "~ '. I (1)", "J IJ r ," (,) ''') .,,' " r> -\1 ~ (~) ,',:: . 'I ;"1 r ' :,,~ ;1,., ~) ,.,1'1' : .,.) ; ~ ,,, ,~ 19 1996 1. State matter t.o be argul!d (Le.. plaintiff's lTDtioo for new trial, defendant's dmurrer to cart>laint, etc.): Defendants' Preliminary Objections to Plaitniff's Amended Complaint 2. Identify counsel who will argue case: (a) for plaintiff: Charles E. lIaddick, Jr., Esquire ~s: 20 South 36th Street Camp Hill, PA 17011 (b) for defendant: Mark D. Bradshaw, Esquire ~s: 213 Market Street, P.O. Box 1248 Harrisburg, PA 17108 3. I will notify all parties in writing wj,thin 1:'<010 days that this case hils been Usted for argunent. 4,. Arg\Jnent Court Date: October 2, 1996 '", OIIted: rl'O!9b ~-'-'-'" C.J-<-t; Attorney f J ( , " '. . , msIIID~TB OF SIR.YI~1 AND NOW, this ~ day of September, 1996, I, Charles E. Haddlck, Jr., Esquire, hereby cenlfy that I did serve a true and correct copy of the foregoing PIlAECIPE TO UST FOR ARGtlMBNT upon all counsel of record by depositing, or causing to be deposited, IIRmt! In the U.S. mall, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: ~: Mark D. Bradshaw, Esquire Ecken Seamans Cherln & Mellott 1 S Market Square Building Harrisburg, PA 17101 , I; '. l' '. " " l'i2IImA " Le ban demandado a usted en la corte. Si usted qulere defenderse de estas demandas expuestas en las paglnas sugnuientes, usted tiene vlente (2) dlas de plazo al partir de la fecha de la demanda y la noUflcaclon. Usted dee presentar una apariencla escrita 0 en persona 0 por abodado y archlvar en la corte en fonna escrita sus defensas 0 sus obJeclones alas demandas en contra de su persona. Sea avlsado que si usted no se defiende, la corte tomara medldas y puede entrar una orden contra usted sin prevlo avlso onotificaclon y por cualquier queJa 0 allvlo que es pedido en la petlclon de demanda. Usted puede perder dinero 0 sus propledades 0 otros derechos imponantes para usted. LLEVE ESTA OEMANOA A UN ABOOAGO INMEOIATEMENTE. SI NO TIENE ABOOAGO 0 SI NO TIENE EL D1NERO SUFICIENTE OE PAGAR TAL SERVlCIO, VAYA EN PERSONA 0 LlAME POR TELEFONO A LA OFIClNA CUYA DlRECCION SE ENCUENTRA ESCRlTA ABA/O PARA AVERIGUAR OONOE SE PUEOE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse CarUsle, Pennsylvania 170131 (717) 240.6200 , , , i, " , GCS COMPUTERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION -lAW v. DSI RECORDS CORPORATION, C.J.H. LEASING CORPORATION, and DONALD B. HEARN, Defendants Docket No. 96-3726 Civil JURY TRIAL DEMANDED ~5COND AMENDEP COMP~N1 AND NOW, comes GCS Computers, Inc., a corporation, by Its and through Its attorneys, Marshall, Farrell, Ricci, Smith & Haddick, P.C., and Charles E. Haddick, Jr., Esquire. brings this Amended Complaint against the Defendants in the above-entitled case, and in support thereof alleges as follows: 1. GCS Computers, Inc. is a corporation duly organized and existing under the laws of the state of New York, having it~ principal place of business at 462 Seventh Avenue, New York, New York 10018, and Is engaged in the business of selling computers, peripherals, software, and related equipment. 2. Defendant DSI Records Corporation is a Pennsylvania corporation with a principal place of business at 9 Brenneman Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant C.J.H. Leasing Corporation Is a Pennsylvania corporation with a principal place of business at 9 Brenneman Circle, Mechanlcsburg, Cumberland County, Pennsylvania 17055. 4. Defendant Donald B. Hearn is a resident of the County of Cumberland, Commonwealth of Pennsylvania, with an address of 893 Hawthorne Avenue, Mechanicsburg, Pennsylvania 17111. 5. Defendant Donald B. Hearn controls, trades, and does business as DSI Records Corporation and C.J.H. Leasing, Corporation, both with business addresst:~ at 9 Brenneman Circle, Mechanlcsburg, Pennsylvania 17055. All of the above.refel ~nced entities are hereinafter individually amI/or collectively referred to as "Defendant" or "Defendants." 6. Over the period of March 20, 1995 through November 7. 1995, the Plaintiff and Defendants, at the knowledge and direction of Defendant Hearn, entered into an agreement whereby Defendants agreed to buy, and Plaintiff agreed to sell, computer equipment, software, and peripherals at the times, of the kind. in the amounts, and at the prices more fully appearing by a true and correct copy of the Plaintiff's invoices of original entry hereunto annexed and made a part of this Complaint and marked as Exhibit "A". 7. All equipment was directed to DSI Records Corporation at the direction and control amI/or with the knowledge and consent of Defendant Hearn. 2 8. All bills, except for one addressed to DSI Records Corporation, were addressed to C,J.H. Leasing Corporation at the direction and control and/or with the knowledge and consent of Defendant Hearn. 9. The equipment sent by Plaintiff has not been paid for by any of the Defendants, despite repeated requests for same. mY1:lI.l- BREACH QP CONTRA<;::[ GCS COMPUTERS. "NC, V. D~I RECQRDS ~ORPQRATlQ1l 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 of Its Second Amended Complaint as if fully sel forth herein. 11. Plaintiff expressly contracted with DSI Records Corporation, at the , direction and control and/or with the knowledge and consent of Defendant Hearn, to sell computer equipment to DSl Records Corporation. 12. Plaintiff substantially performed its obligation to supply all of the equipment and services ordered by DSl Records Corporation. 13. On or about March 15, 1996, Plaintiff and Defendant DSI Records Corporation, at the direction and control and/or with the knowledge and consent of .Defendant Hearn, agreed that the amount owed to the Plaintiff was Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars. 14. DSI Records Corporation did not pay the agreed upon amount. 3 15. It is further averred by Plaintiff that DSI Records Corporation, although frequently requested, refused and continues to refuse to pay said sum or any part thereof, in direct breach of the agreement between the Plaintiff and DSl Records Corporation. 16. As a result of the aforesaid breach of agreement by Defendant DSl, Plaintiff is now Justly due and owing from DSI Records Corporation, the sum of Sixty- One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars with legal interest thereon from the 20th day of March 1995. WHEREFORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Court enter judgment in its favor in an amount in excess of $25,000.00 ' against DSI Records Corporation, together with all allowable interest, costs, and attorneys fees. 4 town: II- 2V~U~ MERUI't Ges COMPVl1RS. INC. v. ~I RECOl\QS c;OBmBAIlmi 17. Plaintiff hereby Incorporates by reference paragraphs 1 through 16 of its Second Amended Complaint as if fully set forth herein. 18. In the alternative, even if no contract is found to have existed between the Plaintiff and DSI Records Corporat.ion, which is denied by Plaintiff, Plaintiff alleges that it Is entitled to recovery on the theory of quantum meruit based upon the facts set forth below. 19. Computer equipment, software. and peripherals were furnished to DSI Records Corporation, at the direction and control and/or with the knowledge and consent of Defendant Hearn, by Plaintiff over the period of March 20, 1995 through November 7, 1995. 20. The computer equipment described in the attached sales documentation was delivered to, accepted and utilized by DSI Records Corporation at the direction and control and/or with the knowledge and consent of Defendant Hearn, and a resulting benefit has inured to DSI Records Corporation. 21. Plaintiff, at all times material hereto, reasonably expected payment from DSI Records Corporation, in the amount of Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars pursuant to the discussions and dealings between the parties. 5 22. No part of the said principal sum has ever been paid by DSI Rer;ords Corporation to the Plaintiff, notwithstanding repeated demands for same, and such monies are presently owing, unpaid, and due from DSI Records Corporation to the Plaintiff, to Plaintiffs great detriment and loss. WHEREFORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Court enter judgment in its favor in an amount In excess of $25,000.00 against DSI Records Corporatltm, together with all allowable interest, costs and attorneys fees. C;Q\lNT III . BREACH OF CONTRACT (iCS COMJ'lJ'fERS. INC, V. DONALD B. HEAJU'i 23. Plaintiff hereby incorporates by reference paragraphs 1 through 22 of Its Second Amended Complaint as if fully set forth herein. 24. Plaintiff expressly contracted with Defendant Hearn for Plaintiff to sell computer equipment to DSI Records and/or C.J.H. Leasing Corporation. 25. Plaintiff substantially performed its obligation to supply all of the equipment and services ordered by Defendant Hearn. 26. At all times material hereto Defendant Hearn had solc and final control over payment of monies by any of thc above-named defendants, notwithstanding any corporate declarations or formalities stating otherwise. I ~I II 6 27. On or about March 15, 1996, Plaintiff and Defendant Hearn agreed that the amount owed to Plaintiffs was Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars. 28. On or about June 14, 1996, Plalntifrs agent sent written confirmation to Defendant Hearn, regarding the amount due on the contract, pursuant to the terms agreed upon by Plaintiff and Defendant Hearn. 29. The agreed upon amount was not paid by Defendant Hearn. 30. It Is further averred by Plaintiff that Defendant Hearn, although frequently requested, refused and continues to refuse to pay said sum or any part thereof, In direct breach of the agreement between the Plaintiff and Defendant Hearn. 31. As a result of the aforesaid breach of agreement between the parties, Plaintiff is now justly due and owing from Defendant Hearn, the sum of Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars with legal interest thereon from the 20th day of March 1995. WHEREFORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Court enter judgment in its favor in an amount In excess of $25,000.00 against Defendant Hearn, together with all allowable interest, costs, and attorneys fees. 7 COUNT IY . 9U~.JlM M~Q.Ull: SicS COMPmERS. (Nt, v. DONALD 8, HEARN 32. Plaintiff hereby Incorporates by reference paragraphs 1 through 31 of its Second Amended Complaint as if fully set forth herein. 33. In the alternative, even if no contract is found to have existed between the Plaintiff and Donald B. Hearn, which is denied by Plaintiff, Plaintiff alleges that It is entitled to recovery on the theory of quantum meruit based upon the facts set forth below. 34. Computer equipment, software, and peripherals were furnished to Defendant Hearn by Plaintiff over the period of March 20, 1995 through November 7, 1995. 35. The computer equipment described In the attached sales documentation was delivered to, accepted and utilized by Defendant Hearn, and a resulting benefit has inured to Defendant Hearn. 36. Plaintiff, at all times material hereto, reasonably expected payment from Defendant Hearn, in the amount of Sixty-One Thousand Sevenry-Nine and 00/100 ($61,079.00) Dollars pursuant to the discussions and dealings between the parties. 37. No part of the said principal sum has ever been paid by Defendant Hearn to the Plaintiff, notwithstanding repeated demands for same, and such monies are presently owing, unpaid, and due from Defendant Hearn to the Plaintiff, to Plaintiffs great detriment and loss. 8 WHEREFORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Court enter judgment in il~ favor in an amount in excess of $25,000.00 against Defendant Hearn, together with all allowable interest, costs and attorneys fees. ~9UNT V . Jl'ffENTJQ.N.U MISREPRESENTA11~N 9~~ C;:OMPUTERS, INC. V, DO~/l B. HEARN 38. Plaintiff hereby incorporates by reference paragraphs 1 through 37 of its Second Amended Complaint as if fully set forth herein. 39. Defendant Hearn represented to Plaintiff that Defendant Hearn and his companies had the abllity, liquidity, and solvency to pay for the goods and services provided by Plaintiff. 40. The representation concerning Defendants' ability to pay for the goods and services was material to the transaction between Plaintiff and Defendant Hearn for Plaintiff to supply goods and services to Defendant Hearn and for Defendant Hearn to pay Plaintiff for such goods and services. 41. Defendant Hearn's representation to Plaintiff that Defendant Hearn had the ability to pay was made falsely, with the knowledge that such statement was false, or in the alternative was made with reckless disregard of the truth or falsity of such statement. 9 42. Defendant Hearn's representation that Defendant Hearn had the ability to pay was made with the Intent of misleading Plaintiff Into relying upon such representation. 43. In justifiable reliance on Defendant Hearn's misrepresentation, Plaintiff sold the subject goods and services to Defendant Hearn, DSI, and/or CJH leasing. 44. Defendant Hearn did not pay the amount due and owing even though he represented that he had the ability to pay. 45. Plaintiffs Justifiable reliance on Defendant Hearn's misrepresentation proximately caused the Plaintiff damages In the sum of Sixty-One Thousand Seventy- Nine and 00/100 ($61,079.00) Dollars with legal interest thereon from the 20th day of March 1995. WHEREFORE, Plaintiff GCS Comput.ers, Inc. respectfully requests that this Honorable Court enter judgment in its favor in an amount in excess of $25,000.00 against Defendant Hearn, together with all allowable Interest, costs and attorneys fees. ~Q'lNT VI . NEG~IGENT MlSPPREUNTATION GCS C01W'UTERS, INC, V, PONAJ.D B. HEA~ 46. Plaintiff hereby Incorporates by reference paragraphs 1 through 45 of its Second Amended Complaint as if fully set forth herein. 10 47. Defendant Hearn misrepresented to Plaintiff that Defendant Hearn had the abUily to pay for the goods and services provided by Plaintiff. 48. The representation concerning Defendant's ability to pay for the goods and services was material to the transaction between Plaintiff and Defendant Hearn for Plaintiff to supply goods and services to Defendant Hearn and for Defendant Hearn to pay Plaintiff for such goods and services. 49. Defendant Hearn had knowledge of the misrepresentation, aoel/or made the misrepresentation with knowledge as to its truth or falsity, and/or made the representation under circumstances which he knew or should have known of the falsity of such representation. 50. Defendant Hearn's representation that Defendant Hearn had the ability to pay was made with the intent of misleading Plaintiff into relying upon such representation and with the intent to induce Plaintiff into sel1lng the goods and services. 51. In justifiable reliance on Defendant Hearn's misrepresentation, Plaintiff sold the subject goods and services to Defendant Hearn, D51, and/or CJH. 52. Defendant Hearn did not pay the amount due and owing even though he represented that he had the ability to pay. 53. Plaintifrs justifiable reliance on Defendant Hearn's misrepresentation proximately caused the Plaintiff damages in the sum of Sixty-One Thousand Seventy- Nine and 00/100 ($61,079.00) Dollars 'with legal interest thereon from the 20th day of March 1995. 11 WHEREfORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Court enter judgment in Its favor in an amount In excess of $25,000.00 against Defendant Hearn, together with all allowable interest, costs and attorneys fees. coyin' Y1I . 'REAC::JI OF <;:Ol'(J'RAq 9~S C::OMPUl'IRS, INC::. V, C::.J,8. "~JNG CO.wQRATl9l':l 54. Plaintiff hereby incorporat~s by reference paragraphs 1 through 53 of its Second Amended Complaint as If fully set forth herein. 55. Plaintiff expressly, or In the alternative, Impliedly contracted with C.J.H. Leasing Corporation, at the direction and control and/or with the knowledge and consent of Defendant Hearn, to sell computer equipment to DSI Records Corporation and to bill C.J.H. Leasing CorporatiOl\ for those goods and services. 56. Plaintiff substantialiy performed its obligation to supply ali of the equipment and services ordered by C.J.H. Leasing Corporation and/or DSI Records Corporation. 57. On or about March 15, 1996, Plaintiff and Defendant C.J.H. Leasing Corporation, at the direction and control and/or with the knowledge and consent of Defendant Hearn, agreed that the amount owed to the Plaintiff was Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars. 12 58. C.J.H. Leasing Corporation did not pay the agreed upon amount. 59. It Is further averred by Plaintiff that C.J.H. Leasing Corporation, although frequently requested, refused and continues to refuse to pay said sum or any part thereof, In direct breach of the agreement between the Plaintiff and C.J.H. Leasing Corporatlon. 60. As a result of the aforesaid breach of agreement between the parties, Plaintiff is now justly due and owing from C.J.H. Leasing Corporation, the sum of Sixty- One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars with legal interest thereon from the 20th day of March 1995. WHEREFORE, Plaintiff GCS Computers, Inc. respectfully requests that this Honorable Court enter judgment In Its favor In an amount in excess of $25,000.00 against C.J.H. Leasing Corporation, together with all allowable interest, costs, and attorneys fees. ~YNT VIII . OUANTUM MERUIT GCS COMP1JTERS. lNC, V. C,J.8, LEASlNG CORPORATION 61. Plaintiff hereby Incorporates by reference paragraphs 1 through 60 of Its Second Amended Complaint as if fully set forth herein. 13 62. In the alternative, even If no contract Is found to have existed between the Plaintiff and C.J.H. Leasing Corporation, which is denied by Plaintiff, Plaintiff alleges that it is entitled to recovery on the theory of quantum meruit based upon the facts set forth below. 63. Computer equipment, software, and peripherals were furnished to C.J.H. Leasing Corporation, at the direction and control and/or with the Iclowledge and consent of Defendant Hearn, by Plaintiff over the period of March 20, 1995 through November 7, 1995. 64. The computer equipment described In the attached sales documentation was delivered to, accepted and utilized by C.J.H. Leasing Corporation at the direction and control and/or with the knowledge and consent of Defendant Hearn, and a resulting benefit has inured to C.J.H. Leasing Corporation. 65. Plaintiff, at all times material hereto, reasonably expected payment from C.J.H. Leasing Corporation. in the amount of Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars pursuant to the discussions and dealings between the parties. 66. No part of the said principal sum has ever been paid by C.J.H. Leasing Corporation to the Plaintiff, notwithstanding repeated demands for same, and such monies are presently owing, unpaid, and due from C.J.H, Leasing Corporation to the Plaintiff, to PlalntiCl's great detriment and loss. 14 GC8 COMPUTIR8, INC. 4U IlVlHrH AYIHUI HIW YOIII<, HY lOOlS PH. '1I"".aeoo PAX .1..."oOII11 INVOICE NO, e23168 CUSTOMER NO, DS I BILL TO: SHIP TO: C. J. H. LEASING DSI RECORDS CORP. *9 BRENNEMAN CIRCLE 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170ee MECHAN I CSBURG, PA 1701515 PETE CALIFANO TERMS '\ 'NIt 30 dav_ , OUR HUMIER -.I 730e90 UHlTfIIl1l1 ~IO 1 1 3298-0240 14" ESVGA MONITOR * 332.00 332.001 1 1 14 ADAPTEC 2940 SCSI ADAPTER 13e.00 13e.001 1 1 le ADAPTEC 11540 SCSI ADAPTER 187.00 187.00i 1 1 3333-K789 1GB SCSI HARD DRIVE 713.00 713.00 1 1 17 HAYES 14.4 FAX MODEM 96.00 96.00 I JUKE BOX I 1 1 18 HP 20XT,20GB 4e16.00 4, e16. 00! 18 10 19 1.3GB OPTICAL PLATTERS 81.00 818.00 I I WORK STATION *1 , , 1 1 3246-6807 486DX2/66 1444.00 1,444.00, DOS/WIN/MOUSEC I 8MB MEMORV : 1.44MB FLEX DRIVE 84.801 1 1 3246-F 113 ee6KB CACHE S4.00 1 1 3099-F440 KEYBOARD 44.00 44.08 1 1 23 ETHERNET COAX SNC 97.00 97.80 1 1 3099-K7eS e20MB DISK DRIVE * 423.00 423.00i 1 1 ee 17" COLOR MONITOR 1029.00 l,029.00i 1 1 26 ATI ULTRA PLUS 2MB 269.00 269.00, WORK STATION *2 & *3 CONTI NUED EXHIBIT A ll-~!~~~I~'.I:~. W,,;,w. . , ':~.* .. ~l1'!OC:IlNUM8EA OADlIIDAT~ e9-0B-9S AB - CIUANnn_ ...-- ~ I' 1,0, ael COMPUTIRB, INC. 411 IIV1H11l AVllCUI HIW YOIIK, NY 10011 PH. .......-MOO fAll III.f1t.01U l'Ill1Q, ~ C. J. H. LERSING .~ BRENNEMAN CIRCLE MECHRNICSBURB, PA 1705S & ; 11 I ! I I, 1 11 :1 : I 3246-K 113 3299-K440 4 3099-1<7:56 3099-1<063 7 '8 I . 3246-6007 11 1: :1 1 ! l' 1 ! I! I i , 11 3246-6007 I 1 11 I I I I 3246-F 113 I 3099-F440 IE: 1 1 II , I I I I . 'n_~_~___ IN\lOlC!HO, &B3168 CIiSIUMfllNO DBI IIHIPTO: DBI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICBBURB, PA 170se PETE CALIFANO ,.0.1, .j SAlES PE~ON , U'-$ Nit 30 dav', "- '-T: ,0uR~~~~e.1I ,- G-r==-- 1441+. 00 1, 444. 00 -', DElCIIPnOIf , I SCAN STATION ,AT&T aLOBRLVBT SS0 I 486DX2/GG ,DOS/WIN/MOUSE 'SMB MEMORY : 1.44 FLEX DRIVE eSGKB CRCHE KEYBOARD ETHERNET CORX BNC SEeMB DISK DRIVE SCSI eTL PCI . . i 84.00 84.00 * '44,00 44.00 97.00 97.00 * 423, 001 423.00 * 181.00 181.00 1288,00 1,288.00 1547,00 1547.00 20" HITACHI 2096MU RTRIST GRAPHICS IS00I PCI 76HZ RDAPTER IMAGE EXTENDER AT&T aLOB. 15150 4SGDX2/GG : DOS/WIN/MOUSE .8MB MEMORY il.44 FLEX DRIVE I 25GKB CACHE KEYBOARD ETHERNET COAX BNC. I 11+44.00 1,444.00 84.001 44.001 'i7.00 I , 84.00 44.00 97.00 CONTI NUED EXHIBIT A I. cacs COMPUTeRS, INC. 4U IRVINTH AYSNUI NIW YOM, NY '0011 pH. .,.....-tIOO pAK 1'......0111 INVOICE NO, 223168 OUSTOMER NO, OS I BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 17033 SHIP TO: PSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICBBURG, PA 17033 PETE CALIFANO IHIPW. .8." TERM8 Ba.t wa * at 30 day. '.. II 0 N 81 ' AB 7303'90 ,', UNIT 1'lII0.,.... g:"i:" 1'j .' :" ",,',' ,l. e e 3238-2021 ' AT&T GLOB. 320 1448.00 2,896.00 DOS/WIN/MOUSE 8MB MEMORY 340MB HARD DRIVE 1.44MB FLEX KEYBOARD e e 3099-K 114 2t56KB CACHE 62.00 124.00 e e 29 ETHERNET COAX BNC 97.00 194.00 1 1 30 HP LASER JET 4+ 1484.00 1,484.00 1 1 31 DUPLEX OPTION FOR HP 4+ 463.00 463.00 1 1 31 THIN COAX CABLESC31 16.00 16.00 e e 32 8MB MEMORY FOR HP VECTRA 368.00 736.00 486/215nl e e 32 66MHZ CHIP UPGRADE 119.00 238.00 FOR HP VECTRA 486n1 e e 33 ETHERNET/BNC CONNECTION 106.00 212.00 MONITORS FOR WORKST. 2 " 3 2 2 34 17" NEC COLOR MONITOR 1029.00 2,058.00 e 2 35 ATI ULTRA PLUS 2MB 269.00 338.00 1 1 FREIGHT 269.00 269.00 Nat a.ount 23,184.00 Saltl tal< .......... Total dUll I .25,184.00 GCB COMPUTERS, INC. 4t1 SEVENTH AVlNUI NIW VORK. NV lOOIS PH. .1.-411-110O PAX .'...loOn. BILL TO: DSI RECORDS CORP, 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~5 PETE CALl FANO OI\TI * DERDA " 02-17-95 au ITIII ,.~l? _.- 1.0. -- 2 2 1 2 2 2 1 1 FREIGHT BHIP TO: SAME INVOIOE NO. 220134 QUBTOMEANO. DBI j,~ '" , t ' ''1:., .'1,' 'j' N.t 30 da . ,., , , "'r U! PI .. ." 547. 00 u~ee. 00 55. 00 15001 PCJ I 209iMU I ARTIST GRAPHICS 7GHZ CARD 20" HITACHI MONITOR N.t ..ount Saln taM Total du.. 1,094.00 2,57G.00 55.00 3,725.00 .......... t3,725.0e ClCI COMPUTI!R8. INC. .... IIVIHTH AVIHUS HIW YOIUC. HY lOOlS PH. Il'''"otIOO ".X 111"".0110 INVOICE NO, 222729 001 CUll TOMER NO, BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE M~CHANICSBURG, PA 170ee IIHIPTO: DSI RECORDS CORP, 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170ee PETE CALI FANO ". 8 PfRSON HUM 8HPVlA " f,O " "'. " " ~"'i ~rrPlll~'t ,:,:,~QJ,D ~, ,..".", '\,1.0. 6 1 1 6 1 1 1 2 FREIGHT OS/2 WARP NOVELL V3.12 10 USER 84.00 1319,00 20,00 e04.00 1,319.00 20.00 N.t .'Dunt a.l.. ta.. ........... Tot.l dlul U, 843, 00 ace COMPUTERS, INC. 4411 BlYlNrH AVENUI NIW TOAI<, NY 10011 PH. I' ..."_ 'AX III"I'~" INVOICE NO. ee2763 DBI cusrOMEA NO. Bill TO: C, J. H. LEASING *~ BRENNEMAN CIRCLE MECHANICSBURG, PA 170ee SHIP TO: DBI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICBBURG, PA 170ee PETE CALIFANO IHIP\IlA ,. .. " OUAH'll1'Y en._ - . 1.0, 1 1 3338-2031-8 0LOBALYST e30 MINITOWER 3220.00 5,220.00 486DX4/1001 8MB MEMORY 1.08GB HARD DRIVE 1.44MB FLEX DRIVE 1 1 3099-K397 600MB CD-ROM IDE N/C 1 1 3099-K123 8MB MEMORY UPGRADE N/C 1 1 3099-K762 2GB BCSI DAT TAPE N/C 1 1 3338-K743 1.08GB HARD DRIVE(IDE) N/C 1 1 3099-K364 ISA ETHERNET ADAPTER N/C 1 1 7 1522 ADAPTEC ADAPTER N/C 1 1 8 1540 ADAPTEC ADnPTER N/C 1 1 9 HAYEB 14.4 INTERNAL MODEM NIC 1 1 3298-2131-8 '34" AnT VGA MONO MON nOR NIC 1 1 FREIGHT 43.00 43.00 BIN PCI 15-3013809 N.t ..ount Bal.. taM .......... Total due I 85,263.00 GOB OOMPUTERS. INO. .... SIVINTH AYlNUI NIW YORK. NY lOOlS 'H. .,..."_ 'AX 1l1"II~SI INVOICE NO, 223168 OBI CUSTOMER NO, SILL TO: C. J. H, LEASING *9 BRENNEMAN CIRCLE MECHANICBBURG, PA 17035 SHIP TO DSI RECORDB CORP. 9 BRENNEMAN CIRCLE MECHANICBBURG, PA 17033 PETE CALIFANO .. SHlP'IIA ',0,8, TEAMS '~', :"""'''\ JiI.1.. SALfI P~A8ON 0IJfI 01\ N " QI/ , " .......... 1.0' DI'Cft"nON UNrr.~ .' 1 1 3298-0240 14" ESV13A MONITOR * 332.00 332.00: 1 1 14 ADAPTEC 2~40 SCSI ADAPTER 135.00 133.00 1 1 15 ADAPTEC 1340 SCSI ADAPTER 187.00 187.00. 1 1 3 '~R SCSI HARD DRIVE 713.00 713.00 1 1 1 ,r-z...Z->I(.,<O '4-n~M 96.00 ~6.00 1 1 *' I 0, / i J 4316.00 4,316.00 10 10 rE~S 81.00 810.00 1 1 1444.00 I, 444. 00 ... ... 1 1 3246-F 113 236KB CACHE 84.00 84.00 1 1 3099-F440 KEYBOARD 44.00 44.00 1 1 23 ETHERNET COAX BNC 97.00 97.00 1 1 3099-K738 520MB DISK DRIVE * 423,00 423.00 1 1 25 17" COLOR MONITOR 1029.00 1, 029,00 1 1 26 ATI ULTRA PLUS 2MB 269,00 269,0il' WORK STATION *2 & *3 CONTI NUE[ QCB COMPUTI!RS. INC. .... SIVINTH "VINUI NIW YORK. NY IOGIS 'H. ."......100 '''K .1......0168 INVOIOE NO. 223311 OBI OUSTOMER NO. Bill TO: C. J. H, LEABING _9 BRENNEMAN CIRCLE MECHANICBBURG, PA 170ee SHIP TO: OBI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170ee PETE CALIFANO 8HIPYlA '.0,8. , If;, !. .~..I,: SA GUAHm'Y ,",-' ...... 1.0. ITUI -- :; ':DI. ."',I-o!t'. 1 1 3338-2021 1 1 1 1 1 1 3099-K123 3099-K078 FREIGHT AUT 48&DX2/&& D/W/M 8MB MEMORY 1.44 FLEX DRIVE KEYBOARD 8MB MEMORY UPGRADE VIDEO MEMORY-1MB UPGRADE 1833.00 1,833.00 33.00 23.00 N/C e3.00 23.00 S/NI 13-29&00&18 Nllt ..ount 1, 931. 00 Balli taM .......... Total dU1I1 U, 931. 00 caCB COMPUTERS, INC. 4f. IIVINTH AVIHUI NIW YOIIK. NY 100" PH. ....."__ 'AK 111..11-0311 INVOIOE NO, 2233111 DSI OUBTOMER NO, BILL TO: C. J. H, LEASING 89 BRENNEMAN CIRCLE MECHANICBBURG, PA 170ee BHIP TO: DSI RECORDS CORP. 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170ee PETE CALIFANO VIA: ," " ,.0 n . 0" 8AU!8 ON " IIUM . ,~~ .". .: " ~ DI'ClU~T1OH ,,', UNlTPIIlOI , 6 6 1 2120 ROMAT FORMAT 120MB TAPES 21.00 126,00 It 4 2 IBM 5250 EMULATION ADAPTERS 351.00 1,404,00 WITH TWINAX CABLE 1 1 3 SVGUEST DISK DRIVE 270MB EXT. 569.00 569,00 e 2 '+ DISKS FOR SVQUEST DISK DRIVE 64.00 128,00 1 1 FREIGHT 65.00 6e.00 N.t a.ount 2,292.00 Sal.. taM .......... Total dOJ.1 ClCB COMPUTeR8. INC. olU IIVINTH AVINUI NBW YORK. NY '0011 PH. .'....8.aeoo 'AK .1...11.031. Bill TO: C. J. H. LEASING ~9 BRENNEMAN CIRCLE MECHANICSBURG, ~A 170~~ OIIOER DATE ,;' ..'"IOU ..oJ:l.. . " en. u. 'j 6 6 1 1 1 2 4 4 3 1 1 4 e 2 :5 e 2 6 e 2 7 6 6 8 1 1 9 e 2 10 1 1 11 1 1 FREIGHT INVOICE NO, CUSTOMER NO, 2231568 OBI SHIP TO: DSI RECORDS CORP, 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 1701515 PETE CALIFANO ',0 , ~.. lAW R80N "",,'.," . , .,~r:, WAVE 2 COLORADO TAPES BVQUEST EXTERNAL DISK DRIVE IBM 15250 EMULATATION ADAPTER BVQUEST EXTERNAL DISK DRIVE SVQUEST 270MB DISKS NEC 17" COLOR MONITOR ATI ULTRA PLUS ADAPTERS OS/2 WARP NETWARE 3,12 10 USER SCAN STATION 3333 STRIPPED SERVER " '::. ~'~CIIlI'nON N't 4UOl,lnt Sal,. tal< Total d'JlI 21.00 ~69.00 3~1.00 ~69.00 64.00 1029.00 269.00 84.00 1319.00 14415.00 1906.00 3~0.00 126.00 569,00 1,404.00 1569.00 128.00 2,0158.00 1538.00 1504.00 1,319.00 2,890.00 1, 906. 00 3150.00 12,361.00 ........... '12,361.00 GCI COMPUTIRS, INC. .... SIYINTH AYINU. NIW YORK. NY 10011 PH. .11...._ 'AX .I......oa.. BILL TO: C. J. H. LEASING *9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ VIA , , .'-, 1 1 1 Ii! e 2 Ii! e 3 1 1 4 3 3 ~ 1 1 FREIGHT INVOICE NO, 223~69 CUSTOMER NO, DB I SHIP TO: DBI RECORDS CORP, 9 BRENNEMAN CIRCLE MECHANICSBURG, PA 170~~ PETE CALIFANO ',0.8, N "I.ES PERSON ci"CIUP1l~ ":.!.Ii. uNlt~ . "" WAVE 3 FUJITSU 3096G SCANNER HITACHI 20" MONITOR ARTIST GRAPHICS 1~00i PCI IMAGE EXTENDER G530 AT&T 3333 WORKSTATIONS 4269.00 1288.00 547.00 ~220.00 1310.00 290.00 N.t ..aunt Sal.5 tat< Total du.. ...1. ',\ ,~ .......... '17,379.00 '. . , . AND NOW, this .l.!I-Yaay of September, 1996, I, Charles E, Haddick, Jr., Esquire, hereby certify that I did serve a truc and corrcct copy of thc foregoing SECOND AMENDED COMPLAINT upon all counscl of rccord by depositing, or causing to be deposited, same in thc U.S. mall, postage prepaid, at Camp Hili, Pennsylvania, addressed as follows: ~l Mark D. Bradshaw, Esquire Eckert Seamans Cherln Be Mellott 1 S Market Square Building Harrisburg, PA 17101 ~ . r , .. GCS Computers, Inc., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANiA v. : CML ACTION. LAW DSI Records Corporation, : Docket No. 96-3726 CIvil C.J.H. Leasing Corporation, Capitol Towers, Inc., : JURY TRiAL DEMANDED Hearn & Co, and Don Hearn, Individually, and Vd/b/a DSl Records Corporation, C.J.H. Leasing Corporation, Capitol Towers, Inc., and Hearn 8< Co., Defendants DAmll. TO SUBSTITUTE VE~:nO~ TO THE PROTHONOTARY: Kindly affix the attached Verification to Plaintiffs Second Amended Complaint, which was filed with the Coun on September 25, 1996 in the above-captioned matter. Respectfully submitted, MARSHALL 8< FARRELL, P.C. , " Charles E. Haddick, Jr. Attorney 1.0. No. 55666 20 South 36th Street Camp Hill, PA 17011 (717)731-4800 Attorney for Plaintiff Dated: O~tober It, 1996 , " ~ I, James Gottlieb, as President, of GCS Computers, Inc. hereby verify that the facts set forth In the foregoing Amended Complaint arl: true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Dated: #"/,, , , GCS COMPUTERS, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : Civil Action-Law DSI RECORDS CORPORATION, C.l.H. LEASING CORPORATION, AND DONALD B. HEARN : Docket No. 96-3726 Civil . . : lury Trial Demanded Defendants NOTICE TO PLEAD To: GCS Computers, Inc. c/o Charles E. Haddick, lr., Esquire Manhall &. Farrell, P.C. 20 South 36th Street Camp Hill PA 17011 You arc hereby notified to plead to the within document within twenty (20) day. after lUVice hereof, or a default judgment may be entered against you. ECKERT SEAMANS CHERIN &. MELLOTT ~~ ~ . -'-'-~~. - Mark D. Bradshaw, Esquire I.D. No. 61975 Christopher M. Cicconi, Esquire 1.0. No. 19331 213 Market Street P.O. Box 1248 Harrisburg PA 17108-1248 Attorney for Defendants DATE: 10/24/96 "controls, irides, and docs business as' any legal entity. To the contrary, Mr. Hearn and the entities referred to in Plalntifrs Second Amended Complaint are legally distinct. By way of further answer, Defendants object to Plaintiff's misleading collective reference to all Defendants u "Defendants", particularly given the deliberate blurring of the legal distinction between Mr. Hearn and the various legal entities set forth above in ,~ of Plaintiff's Second Amended Complaint. 6. Denied as stated. It is admitted that during some time in mid-I995, Plaintiff and DSI Records Corporation negotiated the purchase and sale of certain computer equipment. It is specifically denied that "Defendants", collectively, were involved in such discussions, and/or that such negotiations occurred at the "direction of Defendant Hearn". It Is further expressly denied that "Defendants", collectively, agreed to buy any product whatsoever, and/or that Exhibit" A' refiects a true and correct accounting of equipment actually purchased and sold by and between DSI Records Corporation ("DSI") and Plaintiff. To the contrary, such invoices were not timely tendered to OSI, and the first time such invoices came to DSI's attention was with the filing of the instant action. By way of further answer (without admitting their accuracy in any other respect) Plaintiff's own invoices establish that Plaintiff dealt with DSI and C.J.H. Leasing Corporation, not Mr. HeaIn individually. By way of further answer, it is denied that "all equipment" reflected on Exhibit 'A" was actually delivered and, following reasonable investigation, DSllacks information sufficient to form a belief as to the exact quantity of C1uipment actually delivered to DSI. 7. Admitted in part and denied in part. It is admitted that, as reflected on Plalntifrs documents made Exhibit" A" to the Plaintifrs Second Amended Complaint, any -2- equipment actually delivered wu directed to DSI. II is denied that "all equipment" rcnected on Exhibit' A' wu actually delivered, and further denied that W equipment wu directed to DSI "at the direction and control and/or with the knowledge and consent of Defendant Hearn." To the contrary, Defendant Hearn had little or no personal involvement In the facts and circumstances living rise to this action prior to the filing thereof. Following reasonable investigation, DSllacu information sufllclentto form a belief as to the exact quantity of equipment actually delivered to OS!. 8. Admitted In part and denied In part as stated. Ills admitted that all bills made Exhibit' A" to Plaintiff's Second Amended Complaint (except for one addressed to DSI) were addressed to C.J.H. leasing Corporation. By way of further answer, PlaIntlfrs Exhibit" A' also refiecu that all equipment was "shipped to" Defendant DSl Records Corporation. It is denied that the same occurred "at the direction and control and/or with the knowledge and consent of Defendant Hearn." To the contrary, prior to the filing of the instant action, Defendant Hearn had little or no personal Involvement in the facts and circumstances giving rise to this action prior to the filing thereof. 9. Admitted in part and denied in part as stated. It is admitted that Plaintiff has not been paid despite demands. It is denied that Plaintiff shipped all material Identified u 'the equipment" in Plalntifrs Second Amended Complaint. To the contrary, following reasonable investigation, Defendants lack information sufllcient to form a belief as to this averment, and the same is therefore denied. By way of further answer, many of Plaintiff's "repeated requests" for payment have been directed to entities and individuals which werc not involved in the transaction, and which bear no responsibility for such -3. 18. The averments of '18 constitute legal conclusions requirinl no mponllve plclding. 19. Admitted in part and denied in part as stated. It is admitted that certain computer equipment, software and peripherals were furnished to DSI Records Corporation by Plaintiff. It is expressly denied that Plaintiff and DSI took allY actions "at the direction and control and/or with the knowledge and consent of Defendant Hearn". To the contrary, Mr. Hearn had litUe or no involvement in any of the activities giving rise to this action prior to the filing thereof. 20. Denied. The averments of '20 constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, the same are admitted In part and denied in part as follows: It is admitted that certain computer equipment was delivered to OS!. It Is denied that "all equipment" reflected on Exhibit. A' wu actually delivered and, following reasonable investigation, OSllacks information sufflcientto form a belief as to the exact quantity of equipment actually delivered to DSI. It is denied that any such activity was "at the direction and control and/or with knowledge and consent of Defendant Hearn". To the contrary, Mr. Hearn had little or no involvement in any of the activities giving rise to this action prior to the filing thereof. 21. The averments of '21 constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, the same are denied as stated. Following reasonable investigation, OS. lacks information to form a belief u to Plaintifrs 'expectation". By way of further answer, DSl incorporates by reference its responsive averments to '6 above. -6- rcIpOIllive pleading. To the extent the same may be deemed averments of fact, the averments are specifically denied. To the contrary, Defendant Hearn ordered no services from Plaintiff. By way of further answer, Hearn incorporates by reference the averments set forth above In '24. 26. Denied. The averments of '26 constitute legal conclusions requiring no rcIpOIlslve pleading. To the extent the same may be deemed averments of fact, it II denied that Defendant Hearn had sole and final control over payment of monies by any of the above- named Defendants. To the contrary, DSI Records Corporation and C.J.H. Leasing Corporation arc duly constituted corporate entitles, separate and distinct from Defendant Hearn. 27. Deilied. The averments of '27 are specifically denied. To the contrary, Defendant Hearn has never "agreed" that the amount owed by any Defendant to Plalntiffl wu Sixty-One Thousand Seventy-Nine Dollars and 00/100 ($61,079.00) Dollars, or any amount even approaching this sum. By w'J.Y of further answer, Defendant Hearn had little or no involvement in the relationship between Plaintiff and DSI prior to the commencement of this action. 28. The averments of '28 constitute legal conclusions requiring no responsive pleading. Following reasonable investigation, Hearn lacks Information sufncient to form a belief as to the truth of the averments set forth in '28 and the same are therefore denied and proof demanded. By way of further answer, it is specifically denied that Defendant Hearn ever agreed to a specific dollar amount owed by any entity or himself, or any other "terms'. Hearn Incorporates by reference the responsive averments to '27. -8- exists or ever existed betweell the Plaintiff and Donald B. Hearn. 34. Denied. It is expressly denied that any goods whatsoever were furnished by Plaintiff to Defendant Hearn at any time. To the contrary, any goods or equipment furnished by Plaintiff were furnished to Defendant DSI Records Corporation, as indicated by the Invoices made Exhibit' A" to Plalntifrs own Second Amended Complaint. 35. Denied. The averments of '35 constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, they are denied as follows. Defendant Hearn incorporates by reference his responsive averments to '34 above, to the affect that no equipment or goods were ever delivered to, accepted and/or utilized by Defendant Hearn and no resulting benefit has inured to Defendant Heam. To the contrary, any computer equipment which was delivered to any Defendant was delivered to DSI Records Corporation, and was accepted or utilized by OS!. By way of further answer, it is denied that all of the computer equipment described in the sales documentation was, In fact, delivered to DSI. By way of further answer, Defendant Hearn incorporates by reference the responsive averments to '6 above. 36. The averments of '36 constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, they are denied as follows. Following reasonable investigation, Defendant Hearn is without information sufficient to form a belief as to Plaintifrs "expectations". By way of further answer, the averments relating to the "discussions and dealings between the parties. are denied as unintelligible. To the extent those averments relate to "27 through 31 of Plalntifrs Second Amended Complaint, Hearn's responses to those paragraphs are -10- time wu there any 'tranw:tion between Plaintiff and Defendant Heam", nor were goods of services supplied "to" Defendant Hearn. By way of further answer, Defendant Hearn never ..reed, or even intlmalcd, that he, personally, would pay Plaintiff for goods and services delivered to DSI Records Corporation. 41. Denied. The averments of '41 constitute legal conclu,ions requiring no responsive pleading. To the extent the same may be deemed averments of fact, Defendant Hearn Incorporales by reference the responsive averments set forth in '40 above. 42. Denied. The averments of '42 constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, Defo:ndant Hearn incorporates by reference the responsive averments set forth in '40 above. 43. Denied. The averments of '43 constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, Defendant Hearn incorporates by reference the responsive averments set forth in '40 above. 44. Denied. The averments of '44 constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, Defendant Hearn Incorporates by reference the responsive averments set forth In '40 above. It is admitted that Defendant Hearn has not paid any amount to Plaintiff. 45. Denied. The averments of '4S constitute legal conclusions requiring no responsive pleading. To the extent the same may be deemed averments of fact, Defendant Hearn incorporates by reference the responsive averments set forth in '40 above. WHEREFORE, Defendant Donald B. Hearn demands judgment in his favor and against Plaintiff, GCS Computers, Inc., together with costs. -12- Hearn". To the contrary, neither Defendant Hearn nor any representative of C.1.H. Leasing Corporation had any involvement in any of the activities giving rise to this action prior to the filing of the action itself. It Is expressly denied that C.J.H. Leasing Corporation, on March 15, 1996 or at any time "agreed that the amount owed to the Plaintiff was Sixty-One Thousand Seventy-Nine and 00/100 ($61,079.00) Dollars." To the contrary, neither C.I.H. Leasing Corporation nor any representative of C.J.H. Leasing Corporation ever ICknowledged or agreed that any amount was owed to Plaintiff by C.1.H. Leasing Corporation. 58. Admitted in part and denied in part as Slated. It Is admitted that C.J.H. Leasing Corporation did not pay and has not paid the amount demanded. It is expnessly denied that there was ever an "agreed-upon amount". To the contrary, neither C.J.H. Leasing Corporation nor any representative of C.1. H. Leasing Corporation ever ICknowledged or agreed that any amount was owed to Plaintiff by C.I.H. Leasing Corporation. 59. Denied. The averments of '59 constitute legal conclusions requiring no responsive pleading. To the extent they may be deemed averments of fact, they are admitted in part and denied in part as follows: It is admitted that Plaintiff has made demand upon C.1.H. Leasing Corporation and that C.J.H. Leasing Corporation has not paid any sum or any part thereof. The remaining averments relating to "the agreement" are denied, both as constituting legal conclusions requiring no responsive pleading and as a matter of fact. 60. The averments of '60 constitute legal conclusions requiring 1'10 responsive pleading. -15- DSI Records Corporation. It Is denied that any such activity was Hal the direction and control and/or with knowledge and consent of Defendant Hearn." To the contrary, neither Defendant Hearn nor any representative of C.I.H. Leasing Corporation had any involvement in any of the activities living rise to this action prior to the filing of the action Itself. By way of further answer, C.I.H. Leasing Corporation incorporates by reference the responsive averments set forth In '6 hereof. 65. The averments of '65 constitute legal concluslon~ requiring no responsive pleading. To the extent the same may be deemed averments of fact, the same are denied as stated. Following reasonable investigation, C.J.H. Leasing Corporation lacks Information to form a belief as to Plalntifrs "expectation". By way of further answer, C.J.H. Leuing Corporation incorporates by reference the responsive averments set forth In '6 hereof. 66. The averments of '66 constitute legal conclusions requiring no responsive pleadings. To the extent the same may be deemed averments of fact, the same are admitted in part and denied In part a.~ follows: It is admitted that C.J.H. leasing Corporation has made no payment to Plaintiff, and that Plaintiff has made repeated demands for such payments. Plalntifrs averment that "such monies are presently owing, unpaid, an due from C.J.H. Leasing Corporation" are denied and C.J.H. Leasing Incorporates by reference the responsive averments to '6 above. WHEREFORE, Defendant C.J.H. Leasing Corporation demands judgment in its favor and ..ainst Plaintiff, GCS Computers, Inc., together with costs. -17- NEW MATTER 67. Plalntifrs Second Amended Complaint fails to slate a claim ..alnst any or all or the named Defendants. 68. Plaintiff has no writing, purchase order, agreement, or other document signed by Defendant Hearn agreeinl to be responsible for Plaintiffs invoices. 69. Plaintiff has no writing, purchase order, agreement or other document signed by Defendant Hearn relating to this transaction at all. 70. Plaintiff has no writing, purchase order, agreement, or other document signed by any represenlative of DSl Records Corporation relating to this transaction. 71. Plaintiff has no writing, purchase order, agreement, or other document signed by Defendant C.J.H. lasing agreeing to be responsible for Plaintiffs invoices. 72. Plaintiff has no writing, purchase order, agreement, or other document signed by any representative of C.1.H. Leasing Corporation relating to this transaction. 73. Plaintiff has no writing, purchase order, agreement, or other document signed by Hearn acknowledging receipt of all equipment Identified in Exhibit" A" to Plaintifrs Second Amended Complaint signed by DSI Records Corporation. 74. Plaintiff has no writing, purchase order, agreement, or other document signed by C.I.H. lasing Corporation acknowledging receipt of all equipment identified In Exhibit "A" to Plaintiffs Second Amended Complaint signed by C.J.H. Leasing Corporation. 75. Plaintiffs dealings with Defendant DSl Records Corporation were primarily, if not exclusively, through Peter Califano, at DSl Records Corporation. -18- VERIfiCATION , .. , . , ~." . ", I do hereby verify that the facts set forth In the foregoing document are true and correct to the beat of my knowledge, Information, and belief. I undentand that any false slitemea\ts herein are made subject to pcnaltiea of 28 U.S.C. Il746, relating to unsworn falslllcation to authorities. :' I' c, DATED: It:'> -If..> -?~> () , iA J4{'= ' . ___"JiI- c.....&:.<'_..----.. DOnald B. Hearn , , , " , " , , 11115J.1 CII'JlTIFlCATE OF SF.RVICE I, Mark D. Bradshaw, Esquire, hereby certify that I am this day serving I copy of the foregoing document upon the pcrson(s) and in the manner Indicated below, which service IIllsfles the requirements of the Pennsylvania Rules of Civil Procedure, by c\cpoIlting I copy of the same In the United States Mall, Harrisburs, Pennsylvania, with first-clw posII&e prepaid, u follow~: Charles E. Haddick, lr., Ilsquire Marshall &. Farrell, P.C. 20 South 36th Street Camp Hill PA 17011 . J\~~ \~ Mark D. Bradshaw DATE: 10124/96 117l5',1 .2(). ~ ~ r.: ('.I , " ~ .. ,'. - :)~ I - ' ). I ~' ~ '.) :,. r' .,~ CO GJ .'[n ('i. ". ,'-I \ " ,!:.~ fi:~' I .... ",(i:l f-' (.; '..1"- C,:l 'd ~ .a CI' I I GCS COMPUTERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA v. CMLACTION -LAW DSI RECORDS CORPORATION, C.J.H. LEASING CORPORATION, and DONALD B. HEARN, Defendants Docket No. 96-3726 Civil JURY TRIAL DEMANDED PLAll"{[IFF. GCS C;O~UT~RS. IN~,'S REPLY TO DEF~NDANTS' NlY{ MA1T~8 AND NOW, comes Plaintiff, GCS Computers, Inc.. by and through their attorneys, Marshall, Farrell, Ricci, Smith & Haddick, P.C., and Charles E. Haddick, Jr., Esquire, and responds to Defendants' New Matter to PlaintifPs Second Amended Complaint as follows: 67. Denied. Paragraph 67 of Defendants' New Matter contains conclusions of law to which no responsive pleading is required under the Pennsylvania Rules of Civil Procedure. By way of further response, Plaintiff hereby incorporates by reference as If fully set forth herein its Second Amended Complaint. 68. Admitted in part, denied in part. It is admitted only that at this time, without additional discovery, Plaintiff has no writing with Defendant Hearn's signature, other than checks signed by Hearn in partial payment for the subject merchandise. However, it is specifically denied that Defendant Hearn's signature is necessary to enforce responsibility onto Defendants Hearn, DSI, and/or C.J.H., as this matter either does not fall within the Statute of Frauds or, in the alternative, this matter falls under an exception to the Statute of Frauds. 69. Denied in part, admitted in part. It is admitted that at this time, without additional discovery, Plaintiff has no writing with Defendant Hearn's signature, other than checks signed by Hearn in partial payment for the subject merchandise. However, it is specifically denied that Defendant Hearn's signature is needed in order for Defendant Hearn to be related to the subject transaction as this matter does not fall within the Statute of Frauds or, in the alternative, this matter falls under an exception to the Statute of Frauds. 70. Admitted in part, denied in part. It is admitted only that at this time, without additional discovery, Plaintiff has no writing signed by any representative of DSI Records Corporation relating to this transaction, other than checks signed by Hearn in partial payment for the subject merchandise. However, it Is specifically denied that a writing signed by a representative of DSI Records Corporation is necessary for DSI Records Corporation to b~ related to and/or bound by the subject transaction as this matter does not fall WIthin the Statute of Frauds or, in the alternative, this matter falls under an exception to the Statute of Frauds. 71. Admitted in part, denied in part. It is admitted only that at this time, without additional discovery, Plaintiff has no writing with the signature of a representative of DSI Records Corporation, other than checks signed by Hearn in partial payment for the subject merchandise. However, it is specifically denied that the signature of a DSI Records Corporation represenllllive is necessary to enforce responsibility onto Defendant DSI Records Corporation as this matter either does not fall within the Statute of Fl'auds or, in the alternative, this mater falls under an exception to the Statute of Frauds. 72. Admitted In part, denied in part. It is admitted only that at this t.ime, without additional discovery, Plaintiff has no writing signed by any representative of C.J.H. Leasing Corporation relating to this transaction, other than checks signed by Heam in partial payment for the subject merchandise. However, it is specifically denied that a writing signed by a representative of C.J.H. Leasing Corporation Is necessary for C.J.H. Leasing Corporation to be related to and/or bound by the subject transaction as this matter does not fall within the Statute of Frauds or, in the alternative, this matter falls under an exception to the Statute of Frauds, 73. Denied as stated, Paragraph 73 of I.)efendants' New Matter fails to make an allegation of fact that Is intelligible to the Plaintiff. To the extent that such averment is intelligible, it is admitted in part and denied in part. It is admitted only that at this time, without additional discovery, Plaintiff has no writing signed by Defendant Hearn acknowledging receipt of all equipment identified in Exhibit "An of Plaintiffs Second Amended Complaint. It is further admitted only that at this time, without additional discovery, Plaintiff has no writing signed by a representative of Defendant DSI Records Corporation acknowledging receipt of all equipment identified in Exhibit "AU of Plaintiffs Second Amended Complaint. However, It is specifically denied that a writing acknowledging receipt of the subject equipment by either Defendant is necessary to enforce the agreement between Plaintiff and Defendants. This matter does not fall within the Statute of Frauds, or in the alternative, this matter falls under an exception to the Statute of Frauds. 74. Denied. Paragraph 73 of Defendallls' New Matter fails to make an allegation of fact that is intelligible to the Plaintiff. To the extent that such averment is Intelligible, Plaintiff denies the allegation in part, and affirms In part. It is admitted at this time, without additional discovery, Plaintiff has no writing signed by a representative of Defendant C.J,H. Leasing acknowledging receipt of all equipment identified In Exhibit "AU of Plaintiffs Second Amended Complaint. Hf)WeVer, it is specifically denied that a writing acknowledging receipt of the subject equipment by Defendant C.J.H. Leasing Corporation Is necessary to enforce the agreement between Plaintiff and C.J.H. Leasing Corporation. This matter does not fall within the Statute of Frauds, or in the alternative, this matter falls under an exception to the Statute of Frauds. By way of further response. Plaintiff hereby incorporates by reference as if fully set fo;-th herein its Second Amended Complaint. 75. Denied as stated. It is admitted only that at times material hereto Plaintiff dealt with DSI Records Corporation through Peter Califano. However, it is specifically denied that Plaintiff dealt with DSI Records Corporation exclusively through Peter Califano. To the contrary, on numerous occasions representatives other than Califano, including but not limited to Defendant Hearn, acknowledged the existence of the .... ;i ir: " ~ I, ~ " " l, James Gottlieb t as President, of GCS Computers, Inc. hereby verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, Information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. 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