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Home My WebLink About02-5234 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA R.T. MACHINE COMPANY, INC. VS. TRLWOODs, INC. and RYAN HORCHEN Plaintiff, Defendants. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY~,,ENTERED AGAINST YOU. Aq~TO'RNEy FOR PLaINTIFf-- I HEREBy CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: P.O. Box 65 New Kingstown, PA 17072-0065 AND THE DEFENDANTS: 329 Aspen Way DU B~, PA 15801 CIVIL DMSION ISSUE NO.: TYPE OF PLEADING: CIVIL ACTION - COMPLAINT IN BREACH OF CONTRACT COUNSEL OF RECORD FOR PLAINTIFF: JAMES, SMITH, DURKIN & CONNELLY LLP Edward p. Seeber, Esquire, Pa. I.D. #76084 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN TIlE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA R.T. MACHINE COMPANY, INC. Plaintiff, : : ; : Defendants. : VS. TRI-WOODS, INC. and RYAN HORCHEN CIVIL DIVISION NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlise, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R.T. MACHINE COMPANY, INC. Plaintiff, Defendants. VS. TRI-WOODS, INC. and RYAN HORCHEN CIVIL DIVISION NO.: A~VISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado rca comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe antefiormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue CarHse, PA 17013 Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R.T. MACHINE COMPANY, INC. CIVIL DIVISION Plaintif~ VS. : : TPd-WOOD8, INC. and : RYAN HORCHEN : : Defendants. : CIVIL ACTION . COMPLAINT/N BREACH OF CONTRACT AND NOW, comes R.T. Machine Company, Inc. ("Plaintiff'), by and through its attorneys, James, Smith, Durkin & Connelly LLP, and files this Complaint in Breach of Contract as follows: 1. The Plaintiff is R. T. Machine Company, Inc., a corporation authorized to conduct business in the Commonwealth of Pennsylvania and having its principal place of business located at P.O. Box 65, New Kingstown, Pennsylvania 17072. 2. Defendant, Th-Woods, Inc. ("Defendant Th-Woods, Inc."), a corporation authohzed to conduct business in the Commonwealth of Pennsylvania and having its phncipa~ place of business located at 329 Aspen Way, Du Bois, Clearfield County, Pennsylvania 15801. 3. Defendant, Ryan Horchen ("Defendant Ryan Horchen"), is an adult individual and President of Tri-Woods, Inc. with a business address at 329 Aspen Way, Du Bois, Clearfield Connty, Pennsylvania 15801 (hereinafter, Defendant Th-Woods, Inc, and Defendant Ryan Horchen will be collectively referred to, from time to time, as "Defendants"). 4. On or before August 17, 2001, Plaintiff and Defendants entered into a certain agreement, dated of even date ("Agreement"), wherein Plaintiff was to supply certain equipment and materials to Defendants and Defendants were to pay Plaintiff for same as invoiced. A true and correct copy of said Agreement is marked as Exhibit "A", attached hereto and made part hereof.. 5. On or about August 27, 2001, Plaintiff supplied certain equipment and materials to Defendants and Defendants accepted same and was invoiced by Plaintiff as follows: D~ate o_f Invo_ice August 27, 2000 TOTAL OF INVOICES DUE Invoice Nmn_ ber 692 In.~voice Amount _$25.000.00 $25,000.00 6. Plaintiffhas demanded payment of the aforesaid invoices (hereinafter, the "Unpaid Invoices") fi.om D-~c~-j ,~,~uaants, but, to date, Defendants have failed or refused to pay in breach of the Agreement. 7. Any and all conditions precedent to payment to Plaintiff have been satisfied. 8. Notwithstanding plaintiff, s demands for payment, Defendants' obligation to pay for the equipment and materials provided by Plaintiff under the terms of the Agreement remains unsatisfied. 8. Due to Defendants' breach, $13,082.78 is due and owing by Defendants to Plaintiff as of October 17, 2002, itemized as follows: Unpaid Invoices (8/27/01) Less Deposit (8/25/01) Sub-total Attorneys' Fees 25o ( ~ of total 25,000.00. ~15,0_00.00) 10,000.00 2,500_.00 12,500.00 with interest on the Unpaid Invoices ($10,000.00) fi.om August 27, 2001, at the legal rate of interest, plus additional attorneys' fees and costs of suit. WHEREFORE, Plaintiffdemands judgment in its favor and against Defendants .for the total amotmt due of $12,500.00, with interest on the Unpaid Invoices ($10,000.00) fi.om August 27, 2001, at the legal rate of interest, plus additional attorneys' fees and costs of suit. DATED: //E(/~v~d p.XSeeber, Esquire, t PA I. D. #76084 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 'P.O. Box 65 New Kingstown, PA 17072L0065 BIII TO /'ri-Woods/ne 329 Aspen Way Dubois, PA 15801 SHIP TO Tri-Woods Inc 329 Aspen Way Dubois, PA 15801 QTY DESCRIPTION ........ I Used Mereen-Johnson model 312LDC gang rip saw Stock no. 8607 Serial no, MJ 4409 FOLD "AS IS WHERE IS" THIS MACHINE IS EQUIPPED WiTH ALL GUARDS. IT IS THE RESPONSIBILITY OF BOTH THE PURCHASER AND THE USER O.F THiS PRODUCT TO BE SURE TH'ESE GUARDS ARE NOT REMOVED A'r ANY TIME. DEPOSIT PAID 8/25/01 BALANCE DUE WITHIN 90 DAYS PRIC~ EACH 25,000.00 AMOUNT 25,000.00 -15,000.o Total -15,000.00 $10,000,00 6hl/~ TO: ...... VERIFICATION The undersigned, a duly authorized representative of Plaintiff, deposes and says subject to the penalties of 18 Pa.C.S.A., Section 4904 relating to tmswom falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to the best of his/her information and belief. SHERIFF'S RETURN CASE NO: 2002-05234 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R T MACHINE COMPANY INC VS TRI-WOODS INC ET AL - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT TRI-WOODS INC but was unable to locate Them in his bailiwick. deputized the sheriff of CLEARFIELD County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On November 20th , 2002 , this office was in receipt of the attached return from CLEARFIELD Sheriff's Costs: Docketing Out of County Surcharge Dep Clearfield Co 18.00 9.00 10.00 51.34 .00 88.34 Zl/20/2002 R/. Thomas Kline ~ Sheriff of Cumberland County JAMES SMITH DURKIN CONNELLY Sworn and subscribed to before me this J~ day of~/~ /2&w .~ A.D. / ~ Prothonotary/ / SHERIFF'S RETURN CASE NO: 2002-05234 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R T MACHINE COMPANY INC VS TRI-WOODS INC ET AL OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HORCHEN RYAN but was unable to locate Him in his bailiwick. deputized the sheriff of CLEARFIELD County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 20th , 2002 , this office was in receipt of the attached return from CLEARFIELD Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 11/20/2002 Thomas Kline Sheriff of Cumberland County JAMES SMITH DURKIN CON-NELLY Sworn and subscribed to before me this ~ day of~/~ ~Z~3_~ A.D. Prothonotaryt ;~ ~ In The Court of Common Pleas of ~ld County, Pennsylvania Sheriff Docket # 13266 R.T. MACHINE COMPANY, INC. 02-$234 CIVIL TERM ¥$. TRI-WOODS, INC. & RYAN HORCHEN COMPLAINT IN BREACH OF CONTRACT SHERIFF RETURNS NOW NOVEMBER 13, 2002 AT 10:03 AM EST SERVED THE WITHIN COMPLAINT IN BREACH OF CONTRACT ON RYAN HORCHEN, DEFENDANT AT EMPLOYMENT, 329 ASPEN WAY, DUBOIS, CLEARFIELD COUNTY, PENNSYLVANIA BY HANDING TO RYAN HORCHEN A TRUE AND ATTESTED COPY OF THE ORIGINAL COMPLAINT IN BREACH OF CONTRACT AND MADE KNOWN TO HIM THE CONTENTS THEREOF. SERVED BY: MCCLEARY/NEVLING. NOW NOVEMBER 13, 2002 AT 10:03 AM EST SERVED THE WITHIN COMPLAINT IN BREACH OF CONTRACT ON TRI-WOODS, INC., DEFENDANT AT EMPLOYMENT, 329 ASPEN WAY, DUBOIS, CLEARF1ELD COUNTY, PENNSYLVANIA BY HANDING TO RYAN HORCHEN, P.I.C. A TRUE AND ATTESTED COPY OF THE ORIGINAL COMPLAINT IN BREACH OF CONTRACT AND MADE KNOWN TO HIM THE CONTENTS THEREOF. SERVED BY: MCCLEARY/NEVLING. Return Costs Cost Description 31.34 SHFF. HAWKINS PAID BY; ATTY. Sworn to Before Me This Da ofy 2002 So Answers, Sheriff Page I of ! In The Court of Common Pleas of Cumberland County, Pennsylvania R.T. Machine Company Inc VS. Tri Woods Inc. et al SERVE: Tri-Woods, Inc. No. 02 5234 civil NOW, October 30, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Clearfield County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumb'erland County, PA NOW, within Affidavit of Service ,20 , at o'clock ~ M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this _. day of ,2O Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA . In The Court of Common Pleas of Cumberland County, Pennsylvania R.T. Machine Company Inc VS. Tri Woods Inc. et al SERVE: Ryan Horchen No. 02 5234 civil Now, October 30, 2002 ., I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Clearfield County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ., 20 , at o'clock M. served the upon at by handing to and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ,20 Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R.T. MACHINE COMPANY, INC. PLAINTIFF, Mo TRI-WOODS, INC. and RYAN HORCHEN, Defendant(s). CIVIL DIVISION No. 02-5234 Civil Term PRAECIPE TO SETTI,E~ DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the complaint filed at the above-captioned term and number settled, discontinued and ended, without prejudice. Respectfully submitted: JAMES, SMITH,J)URKIN & CONNELLY LLP Edl~'c~P. Seeber, Esquire P~. ED. #76084 Attorney for' R.T. Machine Company, Inc.. P.O. Box 650 Hershey, PA. 17033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R.T. MACHINE COMPANY, INC. PLAINTIFF, go TRI-WOODS, INC. and RYAN HORCHEN, Defendant(s). CIVIL DIVISION No. 02-5234 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Settle, Discontinue and End was served on the following this qB day of .~el.t~r ~,~' ,2003 via first class U.S. mail, postage pre-paid: Th-Woods, Inc. 329 Aspen Way DuBois, PA 15801 Ryan Horchen, President 329 Aspen Way DuBois, PA 15801 JAMES, SMITH, DURKIN & CONNELLY LLP By: Edw dfS eb& E4uire Pa. I.D. #76084 Attorney for R.T. Machine Company, Inc. P.O. Box 650 Hershey, PA 17033 (717) 533-32,80