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Home My WebLink About01-1480 FX ,j;ll<~""'~O Le, ,., -,'".-, ,~ \ GARY L. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01- 11..//6 CIVIL TERM ECOGEN, INC., CIVIL ACTION - Law Defendant 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 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 A LAWYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU LEGAL HELP. IF YOU DO TELEPHONE CAN GET . Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 " ~ ~ --~ .".--.' ". '"<^"" ,'.-,- -K \ GARY L. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.01-I'-If?D CIVIL TERM ECOGEN, INC., CIVIL ACTION - Law Defendant COMPLAINT AND NOW, comes the Plaintiff, Gary L. Benzon, t/d/b/a Benzon Research, by his attorneys, Addams & Rundle, and makes the following complaint: 1. The Plaintiff is Gary L. Benzon, an adult individual residing at 20S'Burnt House Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Ecogen, Inc., a corporation with its principal place of business at 200 Cabot Blvd., Langhorne, Bucks County, Pennsylvania. 3. The Plaintiff, who trades and does business under the name Benzon Research, is in the business of performing scientific research and analysis specializing in pest control products. 4. The Defendant is in the business of developing, producing and marketing specialty pest control products. 5. In July, 1999, the Plaintiff and Defendant entered into an agreement whereby the Plaintiff was to perform certain tests to determine the efficacy of certain products produced by the Defendant against mosquito larvae in outdoor breeding pools. ~_'u ~ -,....,. . ..~ ~",,,, -,' " , < ~, 6. The plaintiff agreed to perform said tests for the price of Eight Thousand Four Hundred ($8,400.00) Dollars, which price the Defendant agreed to pay. 7. The Plaintiff performed said tests in a good and workmanlike manner to the satisfaction of the Defendant. 8. The plaintiff has requested payment from the Defendant for performing said tests, which payment has not been forthcoming from the Defendant. 9. In June, 2000, the Plaintiff and the Defendant entered into an agreement whereby the Defendant was to transfer certain insectary assets to the Plaintiff which the Plaintiff was to maintain, and upon which the Plaintiff was to conduct quality control and research bioassays. 10. The Plaintiff agreed to perform said services for the price of Three Thousand Three Hundred Seventy-five ($3,375.00) Dollars per month, which price the Defendant agreed to pay. 11. The Plaintiff preformed said services for the months of June, July and August, 2000. 12. The Plaintiff performed said services in a good and workmanlike manner to the satisfaction of the Defendant. 13. The Plaintiff has requested payment of the sum of Ten Thousand One Hundred Twenty-five ($10,125.00) Dollars from the Defendant for performing said services, which payment has not been forthcoming from the Defendant. . I, ,_ ,_. ,--""" -, lif: . 14. The total sum due and owing for services performed by the Plaintiff at the request of the Defendant is Eighteen Thousand Five Hundred Twenty-five ($18,525.00) Dollars. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant for the sum of Eighteen Thousand Five Hundred Twenty-five ($18,525.00) Dollars, plus interest and costs of suit. ADDAMS & RUNDLE ~~k~~ By: Michael R. Rundle Supreme Court I.D. No. 27768 28 South Pitt Street Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiff - ",,- "" , . Hr'" ri '"'~,~,# l VERIFICATION Gary L. Benzon hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsifications. DATE: 5/1?1 1~~-ro;tr.lj;o;it~~mjltl~'ii,'!!j&iHj~fi~~m'llflii.Mjh-"'k\",",,),"~,~"-:~d~:li'i-ki~'~1W-'''~~1~~1ilIlIlI -ill.a .J.iiltM~W;ri1l~~!-l~'~-~ rt'J' ! J / ~ 0 C) 0 ):J f c -'n s: ::E: 8 ~ ~ -0([; "'" ~~i~ ;;}J h \5 mer; Z:'T; :::0 tJ 9 ~ zS ":1 'i1 (J)2; _0- ;g\y --<,,c ---- t) ~G ~---1C) -u 'r'~ () , ~o 9~ '"'\;J ~ -0 N % "'- >c Om ;::: p.:: Z ~ 0) =< Ul ()/ -< l t " ~'- " .", ,~ , ~- - .. ,"" "..>, ~'" w_ <__ __ ~ .., l, - .J - "~" . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01480 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND , BENZON GARY.L ET AL VS ECOGEN INC 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: ECOGEN INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On April 3rd , 2001 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep. Bucks Co 18.00 9.00 10.00 48.00 .00 85.00 04/03/2001 ADDAMS & RUNDLE ~~~--- R. homas Kline Sheriff of Cumberland County Sworn and subscribed to before me this JI.!!: day of ~h<j ~/ A.D. ~O~,~ Prothonot r . . , ,. '" ~ . ~ ~, 11 In The Court of Common Pleas of Cumberland County, Pennsylvania Gary L. Benzon, t/d/b/a Benzon Research VS. , Ecogen, Inc. No. 01-1480 Civil Now, 3/14/01 ,20 IO~., I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.,.. .// ,dt ... .. ~~~, Sheriff ofCurnberland County, PA Affidavit (If Service Now , ,20_, at o'clock M, served the within upon at by handing to a copy of the ari ginal and made Imown to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of , 20 COSTS SERVICE lvITLEAGE AHIDA VIT $ $ ;lIIl ,- ~~ "n ;~_.... .~ .u~ SHO 201 OAT E: 03.-<29.12D01 TIME: 21:14 L lIIIm_.J.. _ ~, ~_*"*~~,.' SHERIFFS OFFICE - LAWRENCE R. MICHAELS, SHERIFF AOMINISTRATION BUILDING DOYLESTOWN. PA 18901 BUCKS MISC DOCKET' 2001 30747 LOCATION: OUT OF COUNTY CLASS: ASSUMPSIT ***** SHERIFF" S RETURN OF SERVICE ***** SH ERIfF' S j) FFICE CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE PA ATTN:MICHAEl RUNDEL,ESQ 17013 / / DEFENDANT VS. ECOGEN INC 200 CBOT BLVD LANGHORNE ,PA 19047 PLAI NTIfF BErHON GARY L 03142001 LAINT - CIVIL AC ION RECEIV ED FROM CUMBERLAND COUHY JXT 03202001 R EIV~D IN SHERIFf' OFFICE FOR SERVICE. TRANSACTION # 01 1 03731 JXT A nUNT PAlO $ 48.00 03282001 HERtFF'S RETURN, UNDER OATH, FILED. DEPUTY SPICER AT 10:15 AM JXT SERVEO DEFENDANT(S) PURSUANT TO PA.R.C.P. ,402(A)(2)(II1). SERVEO ECOGEN INC BY HANDING TO DALE fLUIRI, PERSON IN CHARGE AT CORRECT JXT ADO: 2005 WEST CABOT BLVD. 03292001 INVOICE MAILED TO CUMBERLANO COUNTY JXT TRANS' 01 1 03731 NO OF CASE - L -, J ~. - ,,,,,- ~ O_"~ '''i-_', I . .... GARY L. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-1480 CIVIL TERM ECOGEN, INC., Defendant PRAECIPE Sir: Please withdraw the appearance of Addams & Rundle and enter the appearance of Law Office of Michael J. Hanft for the Plaintiff. LAW OFFICE OF MICHAEL J. HANFT By: k'~e~k Michael R. Rundle Attorney I.D. No. 27768 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 TO: Curtis R. Long, Prothonotary DATE: April 25, 2001 ,~ii-l~_~li!iiilili~~~~ilihi';;::q''''101 '-~_"J,"',:i'1i'--C:~<;Y".,.,j,,"'hif.fi~-lM'iI.*~U..i..~~~IoiiI!ili!ll"""'~"""""~*l.il&hillii~d~"" t~" ,__~"~,,~ ..'~,'~,,'_~' "~~ _,"' ~N' ~~ ~ ~ ~ ~"'rrl.' """ -"'.~'" " -'" (') 0 0 C -" s: :D> -0 Cf) -0 ::J rnrn ::0 ,-"- z~' 'om ~" 1') zr--- ~~r? (/)2:: U'I ~e ,:,0 -0 .'"r::r; ~(') :::;:: Qo .c--rn ;p:g CP. ~ ~ u;> ~ \0 ~ " .~ ~--= ,-~," "~,~ .--. <--,'..; "~--~~' "---",--~, ",~_;--",-: ""~-:-,,1",,'k'~',,;;,-~_,:_, , ,_ ~ - GARY L. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-1480 CIVIL TERM ECOGEN, INC., Defendant PRAECIPE Sir: Please enter a default judgment in the amount of $18,525.00 in favor of the Plaintiff and against the Defendant for failure to enter an appearance or file an answer to the complaint endorsed with a notice to defend_ The undersigned hereby certifies that the attached written notice of intention to file this Praecipe was mailed to the Defendant on the date shown thereon, which was after the default occurred and at lease ten (10) days prior to the filing of this Praecipe_ LAW OFFICE OF MICHAEL J. HANFT ~u.~i2QD..~ By: Michael R. Rundle Attorney I.D. NO. 27768 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013 (717) 249-5373 Attorneys for Plaintiff TO: Curtis R. Long, Prothonotary DATE: May 23, 2001 F, \User Folder\Firm Docs\Gendocs2001 \216B -lPraecipe .Default. wpd ~~"'~' ~- M--lit<lf:!il~_ -,,,,""I~-<=~. ^ , '. GARY 1. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff v, ECOGEN, INC., TO: ECOGEN, INC, Defendant DATE OF NOTICE: April 25, 2001 - "' -..= ~1OOr~ -~--"'K'"0i~1;-' . -- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1480 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOUMA Y LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOUI.I? 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 HELP. Cumbs:rlandCounty Bar Association LawYer RefeItal Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249~3166 LAW OFFICE OF MICHAEL J. HANFT By: lvu'uuLQRLl Michael R, Rundle Attorney I.D. NO. 27768 19 Brookwood Avenue, Suite 106 Carlisle, PA17013 (717) 249-5373 Attorneys for Plaintiff ilijjiiiiii~~~~!Ii~~~%lM~~0W(,,"mv~-,'c'I;.>~"'_W"~1,' "-1W1,u.-fu.",,~\j,iff'RldO,,-.,-1 ~ ~,;-~' , '"iI!'!ll~illilll!li!____ , " . .' t 0 C) ~ ~ ~ c :..0 :~~ -',~ ""'(][;',' :r~~ f::- a nlr~: -< ""'7--'1' ""--.--', ;"..) zr' - cox.- GO r ~ -< ,~. "- t<c> ~ ~ ?2: ;==; -<> ;p~' If? :_':1 j c: <- Z )-~1 !? =< :..n :;::J ~ ~ (T'> -< - fi' --J:. A ',"", '" ,.J~",w, "-"'_"~"~_~ . .~ _,<", .>> ^'w, "_ ,___ .,=",<, "~_> .-",y,,,,,,. ... '" "~",'" .._,", "_N _ " ~ ~ "1