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Home My WebLink About03-03101NGRAM MICRO 1NC. Plaintiff FOCUS TECHNOLOGIES CORP. Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.C~ -- .~1~ CIVIL "-T"~,l_v"r~ CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 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. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 1NGRAM MICRO INC. Plaintiff FOCUS TECHNOLOGIES CORP. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 -~ ..~ l 0 CIVIL CIVIL DIVISION - LAW COMPLAINT The Plaintiff, INGRAM MICRO INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of SEVENTY-FOUR THOUSAND, THREE HUNDRED SEVEN DOLLARS AND FORTY-SEVEN CENTS ($74,307.47), along with interest thereon from August 26, 2002, upon a cause of action of which the following is a statement: 1. The Plaintiff, INGRAM MICRO INC., is a foreign corporation registered under the laws of the Commonwealth of Pennsylvania, having an office and place of business at Charlotte, North Carolina, with a mailing address of Post Office Box 65610, Charlotte, North Carolina 28265-5610. 2. The Defendant, FOCUS TECHNOLOGIES CORP., is a foreign corporation registered under the laws of the Commonwealth of Pennsylvania, having an office and place of business at 4940 Ritter Road, Suite 104, Rossmoyne Business Center, Mechanicsburg, Cumberland County, Pennsylvania 17055-6920. F:\U SER\BONN1EJO\CO M P\WORK\29020com.wpd: 16Jan03 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's Statement of Account hereto attached, made a part hereof and marked Exhibit "A", Plaintiff performed provided goods, wares, merchandise and services as set forth on said Exhibit to the total amount of Sixty-One Thousand, eight Hundred Twenty-One Dollars and Sixty-Four Cents ($61,821.64). 4. The prices charged for said goods, wares, merchandise and services were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff therefor. 5. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same. Said Invoices will be made available to Defendant or Defendant's Counsel for inspection and copying in Plaintiffs attorney's offices upon written request by Defendant or its Counsel to Plaintiffs Counsel at the address set forth hereinbelow. 6. Due to Defendant's default in payment of said amount due and owing as aforesaid, interest has been added to said account in the total amount of One Hundred One Dollars and Twenty-Five Cents ($101.25), as shown on Exhibit "A" attached hereto and made a part hereof. 7. The balance due and owing by Defendant to Plaintiff is the sum of Sixty-One Thousand, Nine Hundred Twenty-Two Dollars and Eighty-Nine Cents ($61,922.89), as appears by the Statement of Account hereto attached, made a part hereof and marked as Exhibit "A". F:\US ER\BONNIEJO\COM P\WORK\29020com.wpd: 16Jan03 8. Due to Defendant's default in payment of said amount due and owing as aforesaid, and pursuant to the terms and conditions of Plaintiffs Credit Application as completed and executed by Defendant's agent, attorney's fees have been added to said account in the amount of Twelve Thousand, Three Hundred Eighty-Four Dollars and Fifty-eight Cents ($12,384.58). A true and correct copy of the pertinent portion of said Credit Application is attached hereto, marked as Exhibit "B" and made a part hereof. 9. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of SEVENTY-FOUR THOUSAND, THREE HUNDRED SEVEN DOLLARS AND FORTY-SEVEN CENTS ($74,307.47), together with interest thereon from August 26, 2002. Respectfully submitted, Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\COMP\WORK\29020com.wpd: 16Jan03 3 0001/0003 INGRAM MICRO P.O. 80X 65610 CHARLOTTE NC 28265-5610 QUESTIONS CALL: SUE KANE (716)616-4000 EXT.67973 FOCUS TECHNOLOGIES CORP 4g40 RITTER RD STE 104 MECHANICSBURG PA 17055-6920 CREDIT LIMIT TERMS $ 80,000 NET 30 DAYS INVOICE DUE DATE DATE INVOICE DESCRIPTION / P.O. BALANCE DUE 84/29/02 30~000228 INTEREST 04/02' 132.63 85/13/02 301128611 42-002065 50.73 05/16/02 302466111 42-002070 13660.00 05/16/02 302466121 42-002070 881.55 05/18/02 302466131 42-002070 1716.00 05/17/02 303212311 42-00207G I187.33 05/I7/02 3031492iI 42-002075 55.55 05/I7/02 303212321 42-002076 I34.40 05/20/02 30338963I 42-002077 147.20 05/20/02 30339962i 42-00207? 4180.00 05/20/02 3034566II 42-002078 I02. i0 06/12/02 3008625ii 42-002110 438.48 06/I2/02 30102271i 42-002II4 I484.86 0G/i7/02 3002554Ii *BAL/APP A84717 20.27- 08/i8/02 3027391II 42-002123 102.10 06/18/02 90299451I 42-002128 378.28 08/20/02 3038917II 42-002134 2434.69 06/20/02 3039043ii 42-002132 I41.50 06/20/02 2039098II 42-002133 379G.76 06/20/02 303904321 42-002132 210.2I 06/21/02 302557211 42-002II8 I36.25 06/21/02 304200211 3057I-I1 4700.00- 06/21/02 304511211 42-002138 47.53 06/21/02 304511221 42-002138 33.38 06/24/02 304786711 42-002135 40.99 06/25/02 30549491! 42-002140 17.61 06/27/02 304673211 42-002135 285.00 06/27/02 306209111 42-002144 1785.00 06/28/02 306866211 42-002147 60.22 06/28/02 303807921 42-002130 866.39 07/01/02 307095411 42-002148 350.12 07/01/02 30#F00235 INTEREST 06/02- 162.84 07/03/02 308295411 42-002151 2417.60 ...CONTINUEO ON NEXT PAGE... 30-458016 10/iB/02 0002/0003 INGRAM MICRO P.O. BOX 65610 CHARLOTTE NC 28265-5610 QUESTIONS CALL: (716]G16-4000 SUE KANE EXT.67973 FOCUS TECHNOLOGIES CDRP 4940 RITTER RD STE 104 MECHANICSBURG PA 17055-6920 CREDIT LIMIT TERMS $ 80.000 NET 30 DAYS INVOICE DUE BATE DATE INVOICE DESCRIPTION / P.O. BALANCE OUE 07/03/02 308295421 42-002151 28.54 07/08/02 308648231 OFREPL-42-002134 354.11 07/11/02 308057511 42-002156 508.36 07/11/02 300067011 42-002155 74.08 07/iG/02 201328211 42-002157 5771.59 07/1B/02 301332821 42-002158 G3B.G9 07/16/02 30137712I 42-002165 I8.33 07/IG/02 301377iii 42-002165 i043.93 07/i7/02 30175282I 42-002IGG 168.02 07/i7/02 301590311 42-002159 3631.00 07/17/02 3017662ii 42-002168 31.88 07/17/02 3017668I! 42-002160 34.26 07/i8/02 301328221 42-002157 9.87 07/i8/02 30218411I 42-002169 245.66 07/I8/02 301854911 42-002159 237.00 07/18/02 301752911 42-002166 1464.96 07/19/02 301332811 42-002158 588.93 07/22/02 303261421 42-002170 14.01 07/22/02 303318611 42-002171 2444.76 07/22/02 303336211 42-002172 150.GG 07/22/02 301589411 42-002159 40.00 07/22/02 303261411 42-002170 58.03 07/22/02 303095411 RMA-BG506 326.26- 07/23/02 303734011 42-002177 93.01 87/23/02 303772111 42-002178 350.12 07/23/02 301612911 42-002159 20.00 07/23/02 303728811 42-002176 74.38 07/24/02 301757511 42-002160 1124.00 07/24/02 304281211 42-002181 534.59 07/24/02 304281221 42-002181 68.80 07/24/02 301759511 42-002167 90.50 07/24/02 304087121 42-002180 50.07 07/24/02 304087111 42-002180 175.90 · ..CONTINUED ON NEXT PAGE... 30-458016 10/19/02 0003/0003 INGRAM MICRO P.O. BOX 65610 CHARLOTTE NC 28265-5610 QUESTIONS CALL: SUE KANE (7181816-4000 EXT.67B?3 FOCUS TECHNOLOGIES CORP 4940 RITTER RD STE 104 MECHANICSBURG PA 17055-6920 CREDIT LIMIT TERMS $ 80,000 NET 30 OAYS INVOICE DUE DATE DATE INVOICE DESCRIPTION / P.O. BALANCE DUE 07/24/02 301328313 42-002157 7.25 07/26/02 305010011 42-002185 194.44 07/26/02 305319411 42-002186 733.83 07/26/02 305319421 42-002186 90.50 07/29/02 301328314 42-002157 185.40 07/30/02 301332831 42-002158 2361.12 07/30/02 306168921 42-002091 4722.24 07/31/02 305319412 42-002186 36.97 08/01/02 307034211 42-002191 317.09 08/01/02 307034221 42-002191 192.63 08/02/02 305319413 42-002186 185.40 08/06/02 308499011 42-002194 162.66 08/17/02 304001311 42-002180 102.30 08/26/02 30~H00210 INTEREST 08/02~ 101.25 30-459016 10/19/02 TOTAL OF INVOICE BALANCES 61922.89 00 Tele~]~3ne # 5~3Ol93 VERIFICATION I, ROBERT D. KODAK, state that I am not a party to the action but that, at the request of the Plaintiff, INGRAM MICRO 1NC., and based upon knowledge, information, records and documents supplied to me by the Plaintiff, the averments set forth in Plaintiff's Complaint are true. A Verification executed by the Plaintiff can be supplied at time of trial or upon request. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: Robert D. Kodak F:\USER\BONNIEJO\COM P\WORKL29020coln.wpd: 16Jan03 SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2003-00310 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INGRAM MICRO INC VS. FOCUS TECHNOLIGIES CORP R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,FOCUS TECHNOLOGIES CORP , by United States Certified Mail postage prepaid, on the 27th day of January ,2003 at 0000:00 HOURS, at PO BOX 3856 FREDERICK, MD 21705-3856 and attested copy of the attached COMPLAINT & NOTICE with , a true Together The returned receipt card was signed by 00/00/0000 Additional Comments: A NEW ADDRESS WAS HAND WRITTEN BELOW THE TYPED ADDRESS OF on PO BOX 18447 SARASOTA, FL 34276. ENVELOPE WAS STAMPED RETURN TO SENDER. Sheriff's Costs: Docketing Service Cert Mail Surcharge 18 00 8 28 8 38 10 00 00 44 66 R. Thomas [Kli/ne Sheriff of Cumberland County Paid by KNUPP KODAK IMBLUM Sworn and subscribed to before me this _7. ~ day of._~ ~3 A.D. P~Oq; hono t a ky / on 02/27/2003 INGRAM MICRO INC. Plaintiff FOCUS TECHNOLOGIES CORP. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-310 CIVIL : : PRAECIPE TO REINSTATE COMPLAINT TO THEPROTHONOTARY: Please reinstate the Complaint filed to the above term m~d number and return same to the undersigned for service via the Sarasota County, Florida, Sheriff upon Defendant at 5586 Merrimac Drive, Sarasota, Florida 34231. j~., TO Cumberland County Prothonotary Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 Dated: April 24, 2003 , 0002209-03 ' TO BE SERVED RECEIPT NO. ~ 03 310 FOCUS TECHNOLOGIES CORPORATION CASE NO. 5586 MERRIMAC DRIVE SARASOTA ADDRESS INGRAM MICRO INC PLAINTIFF - Pb ~ ~ ~ ~ONER FOCUS TECHNOLOGIES CORP MFM o DEFENDANT- RESPONDENT CZ PRAECIPE TO REINSTATE COMPLAINT/NOTICE/COMPLAINT/VERIFICATION "~c~ TYPE OF WRIT ~;: ~ 05-28-03 COURT DATE PENNSYLVANIA ~,.' d~RT KNUPP KODAK & IMBLUM PC ROBERT D KODAK ESQUIRE PO BOX 11848 HARRISBURG , PA 17108 1848 P~INTIFF / A~ORNEY 6 TH day of MAY ~;~ 20 2003 and servedReceivedthethiSsameWritat°n the /0: ~/~ /~, M on the ,,- ~ ' -- day of ~,~,,4.~ ,20 0~) in SARASOTA County, Florida as follows: I INDIVIDUAL By delivering a true copy of this writ together with a copy of the initial pleadings, if any, with the date and hour of service endorsed thereon by me to: (Person Served) SUBSTITUTE By delivering a true copy of this writ together with a copy of the initial pleadings, if any, with the date and hour of service endorsed thereon by me to the defendant's spouse to - wit: -- at the defendant's usual place of abode with a person residing therein who is 15 years of age, or older, to - wit: and informing said person of their contents. CORPORATE By delivering a true copy of this writ together with a copy of the initial pleadings, if any, with the date and hour of service endorsed thereon by me To: as of in the absence of any higher ranking officer as defined in Florida Statute 48.081 (1). To: as registered agent of -- according to Florida Statute 48.081 (3). To:, -- , as an employee of the within named -- corporation at said corporation s place of business because service could not be made on the regmtered agent for failure to comply with Chapter 48.091, thereby complying with Chapter 48.081 (3), Florida Statutes. POSTED RESIDENTIAL By attaching a true copy of this writ with the date and hour of service endorsed thereon by me together with a copy of the complaint or petition, to a conspicuous place on the property described within after making two (2) attempts not less than six (6) hours apart in that the tenant could not be found and there was no person residing therein, fifteen (15) years of age or older whom service could be made, after the provisions as set forth in Chapter 48.183 (1), Florida Statutes have been met. NOT FOUND to locate the//named person By returning said writ unserved for the reason that after due diligence~ could not be found in Sarasota County, Florida. ~~,~c:~ OTHER [ NOTARY PUBLIC STATE OF FLORIDA [ COMMISSION NO. DD140943 SERVICE COST: $ 35.00 WILLIAM F. BALKWILL SHERIFF BY: ~S~r~S °'~L~-~'~COUNt' FLORIDA COURT COPY~_.~) Deputy Sheriff / - ~,. TO BE SERVED RECEIPT NO. CASE NO. ADDRESS PLAINTIFF - PETITIONER DEFENDANT - RESPONDENT ~PE OF WRIT COURT DATE COURT P~INTIFF / A~ORNEY ~' ~ ~eceived this'writ onthe ~,~,, ~ ~rved the same at of' , ,, . . L~,: A ;~M/onthe !: ' ~Z~? in ~i:~.¢:~i.-;[Yl'¢:~County, Florida as follows: ,20 : · and day INDIVIDUAL By delivering a true copy of this writ together with a copy of the initial pleadings, if any, with the date and hour of service endorsed thereon by me to: (Person Served) __ SUBSTITUTE By delivering a true copy of this writ together with a copy of the initial pleadings, if any, with the date and hour of service endorsed thereon by me __ to the defendant's spouse to - wit: at the defendant's usual place of abode with a person residing therein who is 15 years of age, o~ older, to - wit: and informing said person of their contents. __ CORPORATE By delivering a true copy of this writ together with a copy of the initial pleadings, if any, with the date and hour of service endorsed thereon by me To: as -- in the absence of any higher ranking of officer as defined in Florida Statute 48.081 (1). as registered agent of __ To: according to Florida Statute 48.081 (3). To: -- ., as an employee of the within named -- corporation at said corporation's place of business because service could not be made on the registered agent for failure to comply with Chapter 48.091, thereby complying with Chapter 48.081 (3), Florida Statutes; POSTED RESIDENTIAL -- By attaching a true copy of this writ with the date and hour of service endorsed thereon by me together with a copy of the complaint or petition, to a conspicuous place on the property described within after making two (2) attempts not less than six (6) hours apart in that the tenant could not be found and there was no person residing therein, fifteen (15) years of age or older whom service could be made, after the provisions as set forth in Chapter 48.183 (1), Florida Statutes haVe been met .... __ NOT FOUND By returning said writ unserved for the reason that after due diligenc~to locate the./,named person could not be found in Sarasota County, Florida. / '~' _~C~ ~' ' ' ATTORNEY ~PY Deputy Sheriff INGRAM MICRO INC. Plaintiff FOCUS TECHNOLOGIES CORP. Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 0~-o10 CIVIL : : PRAECIPE TO REINSTATE COMPLAINT TO THEPROTHONOTARY: Please reinstate the Complaint filed to the above term and number and return same to the undersigned for service via the S arasota County, Florida, Sheriff upon Defendant at 5586 Merrimac Drive, Sarasota, Florida 34231. TO Cumberland County Prothonotary Robert D. Kodak Attomey for Plaintiff Attorney I.D. No. 18041 Dated: April 24, 2003