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Home My WebLink About02-5315COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. Plaintiff VS. GARRETT ELECTRONICS CORPORATION Defendant CIVIL ACTION NOTICE 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 ATTORNEYS 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 RIGHTS 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. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO AND..~IARGLE, P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. : Plaintiff : No. (~. -- VS. : GARRETT ELECTRONICS : CORPORATION : CIVIL ACTION Defendant(s) : COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $15,731.18, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, HEILIND ELECTRONICS, INC. is located at 58 Jonspin RD Wilmington MA 01887. 2. The Defendant, GARRETT ELECTRONICS CORPORATION is located at 149 Geary Avenue, NEW CUMBERLAND PA 17070. COUNT I 3. Plaintiff, at Defendant's special instance and request, sold to Defendant certain goods and merchandise in the amount and for the prices set forth in invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 4. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 5. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $15,286.41. 6. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% Der annum to the past due balance. As of October 11, 2002 the total amount of interest due to Plaintiff is $444.77. 7. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from October 11, 2002 on down to the date of judgment in this matter. 8. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $15,731.18 together with the continually accruing interest charge at the statutory rate of 6.00% ~ ~nnum from October 11, 2002, and cost of suit. .COUNT II Alternative to Count ! - Unjust Enrichment 9. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 10. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 1 1. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 12. At aH times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 13. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 14. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the Quantum .meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $15,286.41. WHEREFORE, Plaintiff demands judgment against Defendant for $16,286.41 together with the continually accruing interest charge at the statutory rate of 6.00% per _annum from October 11, 2002, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AN,.D~MARGLE, P.C. By: ~/~~ ~ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION ~°~C¢c)¢c~ , hereby states - th., he,-he ~s the ~ ~ . Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and Correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the ~enalties of 18 PA C.S. ~4904 relating to unswOrn falsificatio~ to authorities. .... o,~uu~ .15:4~.-~X 197865899~2 C~EDIT **** STATEMENT OF ACCOUNT HEILIND~Electronics ~nc. 58 Jonspin Road Wilmington, MA 018S7 GARRETT ELECTRONIcs 149 GEARy AVE. NEW CUMBERLAATD, PA 17070 ~002 Date : 07/02/02 Page : 1 Cust : 017052 .................................... t 30 Days 60 Days Over 90 928500 OS 09/10/01 788 7396.19 R87625 05 10/04/01 1101 6391.00 RB7622 05 10/17/01 974 RB8685 05 10/17/01 1194 RB8745 05 10/17/01 984 RC0137 05 10/18/01 1197 U51225C05 02/12/02 1328 UE3503 05 03/20/02 1272 UE3729 05 03/20/02 1272 UE4253 05 03/20/02 1272 UE6698 05 03/21/02 1272 Lr~0429C05 03/29/02 1005 UL1447 05 04/11/02 1359 L~M3393 05 04/16/02 1423 L~$171 05 04/17/02 SA~4PLEs UR3070C05 04/29/02 1359 UX0819 05 05/16/02 1361 UX0852 OS 05/16/02 1362 496.40 227.30 92.00 211.20 59.82- 195.34 94.10 527.75 i98.00 68O.00- 112.00 130.75 3.58 112.00- 19.65 42.97 19.65 42_97 112.00 130.75 3.58 112.00- 7396.19 6391.00 496.40 227.30 92.00 211.20 52-82- 195.34 94.10 527.75 198.00 680.00- Totals: 15286.41 62.62 · 00 134.33 15089.46 SHERIFF'S RETURN - REGULAR CASE NO: 2002-05315 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEILIND ELECTRONICS INC VS GARRETT ELECTRONICS CORP BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GARRETT ELECTRONICS CORPORATION the DEFENDANT , at at 149 GEARY AVENUE 1200:00 HOURS, NEW CUMBERLAND, PA 17070 on the 5th day of November , 2002 by handing to ALAN FISHER, PLANT MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ..~,~ day of ~r6-th~bt ary So Answers: R. Thomas Kline n/06/2002 AMATO & MARGLE By: y Sheriff IN THE cOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. : .' : Plaintiff : No. 02-5315 Civil : VS. ,' GARRETT ELECTRONICS : CORPORATION : CIVIL ACTION : : : Defendant : NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $15,888.49 ON ,2002. A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY. CUMBERLAND COUNTY If you have any questions concerning the above, please contact the undersigned. AMATO AND MARGLE, P.C. By: ~Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE cOURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. Plaintiff VS. GARRETT ELECTRONICS CORPORATION Defendant No. 02-5315 Civil CIVIL ACTION PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt Interest (from October 11, 2002 to December 9, 2002 $15,731.18 at 6% per annum) Payments 157.31 Total $15,888.49 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on November 26, 2002. Dated: December 9, 2002 2024529 AMATO AND M~.~I~GLE, P C By: ' ' Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE couRT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. : .' Plaintiff : No. 02-5315 Civil , VS, : GARRETT ELECTRONICS : CORPORATION : : CIVIL ACTION ,' ; : Defendant , CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 58 Jonspin Road Wilmington MA 01887 I do certify that the precise last known address of the within named defendant is: 149 Geary Avenue NEW CUMBERLAND PA 17070 AMATO AND MARGLE, P.C. onald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. : : Plaintiff : No. 02-5315 Civil VS. GARRETT ELECTRONICS : CORPORATION : Defendant : TO: Garrett Electronics Corporation 149 Geary Avenue NEW CUMBERLAND PA 17070 Date of Notice: November 26, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOTO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 Attorney File#2024529 Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 'CouRT OF COMMON PLEAS OF CUMBERLAND COLJNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. : Plaintiff ; VS. GARRETT ELECTRONICS CORPORATION : Defendant(s) ' No. 02-5315 Civil CIVIL ACTION NOTICE OF TAKING ORAL DEPOSITIONS To: Richard Garrett 149 Geary Avenue NEW CUMBERLAND PA 17070 CERTIFIED MAIL RETURN RECEIPT REQUESTED PLEASE TAKE NOTICE THAT the Plaintiff will take the oral deposition of Richard Garrett, on May 2, 2003, at 10:15 a.m. o'clock at the Franklin County Courthouse, Third Floor, Conference Room A, 157 Lincoln Way East, Chambersburg, Pennsylvania before a person authorized to administer oaths. The Plaintiff in this action will take the deposition of Richard Garrett, upon oral examination in accordance with the Pennsylvania Rules of Civil Procedure 4OO1, et seq. The examination will continue from day to day until completed. At the aforesaid time and place, the said deponent is required to appear to give testimony and to bring with them the following: all papers, deeds, records, copies of income tax returns {including all schedules and attachments), agreements, accounts receivables, profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant, GARRETT ELECTRONICS CORPORATION , from and in any source and matter whatever. AMATO AND P.C. MAR~3LE, ~ '~ Ronald Arnato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 DATED: February 5, 2003 CC: Garrett Electronics Corporation 149 Geary Avenue NEW CUMBERLAND PA 17070 · COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. : Plaintiff VS. GARRETT ELECTRONICS ' CORPORATION Defendant(s) : No. 02-5315 Civil CIVIL ACTION NOTICE TO ATTEND AND PRODUCE DOCUMENTS To: Richard Garrett 149 Geary Avenue NEW CUMBERLAND PA 17070 CERTIFIED MAIL RE'tURN RECEIPT REQUESTED (1) You are directed to come to the Franklin County Courthouse, Third Floor, Conference Room A, 157 Lincoln Way East, Chambersburg, Pennsylvania, on May 2, 2003, at 10:1,5 a.m. o'clock, to testify in the above case, and to remain until excused. (2) At the aforesaid time, you are directed to produce the following: all papers, deeds, records, copies of income tax returns (including all schedules and attachments), agreements, accounts receivables, profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant, GARRETT ELECTRONICS CORPORATION , from and in any source and matter whatever· If you fail to attend or to produce the documents of things r'equired by this notice to attend and produce documents, you may be subject to the ,,sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. DATED: February. 5. 2003 AMATO AND MARGLE, P.C. ~onald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 CC: Garrett Electronics Corporation 149 Geary Avenue NEW CUMBERLAND PA 17070 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. Plaintiff VS. GARRETT ELECTRONICS CORPORATION Defendant(s) No. 02-5315 Civil CIVIL ACTION NOTICE OF TAKING ORAL DEPOSITIONS To: Frances Handley 149 Geary Avenue NEW CUMBERLAND PA 17070 CERTIFIED MAIL RETURN RECEIPT REQUESTED PLEASE TAKE NOTICE THAT the Plaintiff will take the oral deposition of Frances Handley, on May 2, 2003, at 10:30 a.m. o'clock at the Franklin County Courthouse, Third Floor, Conference Room A, 157 Lincoln Way East, Cham'bersburg, Pennsylvania before a person authorized to administer oaths. The Plaintiff in this action will take the deposition of Frances Handley, upon oral examination in accordance with the Pennsylvania Rules of Civil Procedure 4001, et seq. The examination will continue from day to day until completed. At the aforesaid time and place, the said deponent is required to appear to give testimony and to bring with them the following: all papers, deeds, records, copies of income tax returns (including all schedules and attachments), agreements, accounts receivables, profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant, GARRETT ELECTRONICS CORPORATION DATED: F~bruar¥ 5. 2003 · from and in any source and matter whatever. AMATO AND MARGLE, P.C. //Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 CC: Garrett Electronics Corporation 149 Geary Avenue NEW CUMBERLAND PA 17070 ' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW HEILIND ELECTRONICS, INC. Plaintiff VS. GARRETT ELECTRONICS CORPORATION Defendant(s) No. 02-5315 Civil CIVIL ACTION NOTICE TO ATTEND AND PRODUCE DOCUMENTS To: Frances Handley 149 Geary Avenue NEW CUMBERLAND PA 17070 CERTIFIED MAIL RETURN RECEIPT REQUESTED (1) You are directed to come to the Franklin County Courthouse, Third Floor, Conference Room A, 157 Lincoln Way East, Chambersburg, Pennsylvania, on May 2, 2003, at 10:30 a.m. o'clock, to testify in the above case, and to remain until excused. (2) At the aforesaid time, you are directed to produce the following: all papers, deeds, records, copies of income tax returns (including ali schedules and attachments), agreements, accounts receivables, profit and loss statements, financial statements, bank statements, titles or registration certificates to any vehicle owned or possessed by Defendant, and any and other proofs of the assets of the aforementioned Defendant, GARRETT ELECTRONICS CORPORATION , from and in any source and matter whatever. If you fail to attend or to produce the documents of things required by this notice to attend and produce documents, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. AMATO AND MARGLE, P.C. ~'Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 86§-0400 DATED: February 5, 2003 CC: Garrett Electronics Corporation 149 Geary Avenue NEW CUMBERLAND PA 17070