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Home My WebLink About98-00890 , ~ ~ ~ \l ~ ,~ i ~ ~ tJ ~ .~ , ~ '-r ! ~ ~ ,~ i~ i.. ~ u \ .~ ~ ~ I:l: 11 "l ,,~ 1<: t .... ~ " - , . .') - U Oi c--' (;0 ~ 0- , ~ NO'l'ICE & COMP1,AIN'I' No. 98-890 CIVIL NASSAU EQUIPMENT CO" ET AI. Lebanon, PA, March 6, 1998 'IS. (RETURNED '1'0 CUMBERLAND CO. SHERIJ;'F) DOCKE'r PAGE 1211 5 BRINRAC EQUIPMENT, INC. S'l'ATE OF PENNSYLVANIA '} COIlN'I'Y OF LEBANON '} SS: Michael J. De1.,eo, Sheriff, being duly sworn according to law, deposes and says t.hat aft.er due and diligent. search by him having been made in his bailiwick, and after having exhausted all known facets to locate defendant:, as stipulated under Rule of Civil Procedure, Rule 430, "good faith effort," he was unable to find BRINRAC EQUIPMENT, INC" the wi thin named DEFENDAN'I', and he therefore retUl'ns "NO'l' FOUND" as to the said BRINHAC EQUIPMENT, INC" the within named Defendant. *NOTE: Aecordingto Chief Deputy Dc,borah A, Miller, the deput.y attempti.ng service, the IDeal Post office has no such record of Br'lnr-ac Equipment, Ine. Sworn t,o and subscr ibed bE,fore me this 6th ~ SO 1P~1a . SHE ff'F SHERIFF'S COS'l'S IN ABOVE Advanced costs paid on 2/26/98 Check No, Costs incurred: Hofund: Check No. 4817 PROCEEDINGS 20095 Amount Amount Amount 100,00 42,30 57.70 All Sheriff's Costs shall be due and payable when services arc performed, and it shall be lawful for him to demand and receive from the party :lnsti tuting tho pr'oceedlngs, or any part.y llable fot: the costs thereof, all unpaid sheriff's foes on t.he same before he shall be obligated by law to make ret.urn thereof. __Soc. 2, Act of June 20, 1911, P.L. 1072 ".,. In The Court of COll\lllon,Plca~ of Cumberland COllnty, PennsylvlInia Nassau EquIpment co" [tlc, d/b/a Nassau Asset: Manclgement VS, BrInrac Equipment, Inc. No, 98-890 CIvil 19_ Now, 2/20/98 Lebanon _ 19_,1 SHERIFF OF CUMBERLAND COUNTY. Po"' do hereby depulize the Sheriff of Counl)' to execute this Writ, this deplltnlion being mnde nlthe I'equestand risk oflhe Plaintiff. ~~i I.,/~ r. ~"'''I<~'''~ l:'~'::""-< Sheriff of Cumberland County, Pu, I Affidavit of Service Now, within upon, nl by bnlldlng to a"ested copy of tbe original the contents thereof. 19__,ot o'clock ~1. served the n trlle nnd nnd mnde known to \ I So nnSIVers, Sheriff of Coun!)', Pn, I I I I. ~ : I l ~ I I, " I I ~ i , , I !, , COSTS S\\'orn nnd subscribed before me this dnyof 19,__. SERVICE $ MILL\GE__,_ AFFIDA VIT s ... ....~ ' \ " A I ,. I .'-'. ~, '" ( ,,, ;,;' I ,~~ . I . , ~ d' '. '\ ,f~. Wi. 1,i . l'" .~ -", , \, ,.14; . , ~~i-~, ,0 ,~l-, .v'. ... '. ., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i ~..! \ '; , l:' NASSAU EQUIPMENT CO" INC" D/B/A NASSAU ASSET MANAGEMENT Plaintiff No. vs. BRINRAC EQUIPMENT, INC. CIVIL ACTION Defendant( s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum. of $15,458,63, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, NASSAU EQUIPMENT CO., INC., D/B/A NASSAU ASSET MANAGEMENT is located at 4 Expressway Plaza, ROSL YN HEIGHTS NY 11577. 2. The Defendant. BRINRAC EQUIPMENT, INC, is located at PO Box 2341, MECHANICSBURG PA 17055, COUNT I 3. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 4. The 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 its invoices to Defendant, taken from Plaintiffs books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 5. The prices charged lor the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 6, Defendant received and accepted the goods described in the invoices referred to above, and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or renlrned merchandise, if any, was $15,000,00. 7. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% per annum to the past due balance. As of February 7, 1998 the total amount of interest due 10 Plaintiff is $458.63, 8, Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from February 7, 1998 on down to the date of judgment in this matter, 9, The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against the Defendant for $15,458,63 together with the continually accruing interest charge at the statutory rate of 6,00% !!!IT annum from February 7, 1998, and cost of suit. COUNT II (Alternative to Count I Unjust Enrichment) 10, Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at I~ngth, 11. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were received by the Defendants, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 12, At all ti:nes 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. 13, At all times material hereto, Defendant, with the aforesaid knowledge, . ' I I I i I I I Of'~/(;r or II/i' SIli:I:!;/, CU"" , ,I,' '-:' ~f C:_~.:Ji r,;;.;~') (~"'ol IY:Ji~i' c;l~J "'I) fED /7 4 01 pn '90 Lld\ j "/. f., PEIIf/~; )'[\,'1\1111\ I I I / I I I I C5 ''>-:' C'l (.: Cr' c, ~.l 1'1, .. .... {"'; .'1 , U{ C'" ."-'l U-~'.J (")1 ..{ t C.li \JJt. .._.I '.",.. , Ii:) (C, I.-L'~ I {In :C II eCl '~ ) II 0 (J', C), IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NASSAU EOUIPMENT CO" INC" D/B/A NASSAU ASSET MANAGEMENT Plaintiff No. 1998.00890 vs. BRINRAC EQUIPMENT, INC. CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff Is: 4 Expressway Plaza ROSL YN HEIGHTS NY 11577 I do certify that the precise last known address of the within named defendant Is: 106 East Cumberland Road ENOLA PA 17025 AMATO AND ASS By: _S, P.C. Id Amato Attorney I.D. No. 32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111