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HomeMy WebLinkAbout01-04219LANE ENTERPRISES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.O1- ~.?!9 CIVIL TEEM STOF;AGE AND PROCESSING, INC., 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 the pleadings and Notice are served, 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 maybe entered against you by the Court without further notice for any money claimed in the pleadings or for any other claim of 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 1\fOT 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ~~ ~~~ Way e F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F, SHAL7E Attorney of Law 53 West Pomfret Street Carlisle, Pemuylvania 17013 Attorney for Plaintiff LANE ENTERPRISES, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUN`T'Y, PENNSYLVANIA CIVIL ACTION -LAW v. NO.O1- Y-2 i9 CIVIL TERM STORAGE AND PROCESSING, INC., Defendant COMPLAINT 1. Plaintiff LANE ENTERPRISES, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 1244 Claremont Road, Carlisle, Cumberland CounTy, Pennsylvania 17013. 2. Defendant STORAGE AND PROCESSING, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 601 Righters Ferry Road, Bala Cynwyd, Montgomery County, Pennsylvania 19004. 3. For approximately four years, Plaintiff and Defendant have engaged in a course of dealing in which Plaintiff has coated Defendant's concrete reinforcement materials with a fusion bonded epoxy coating. 4. The typical procedure and the procedure that was implemented with respect to all WAYNE F. SHADE Attorney a[Law of the orders that are the subject of these proceedings was that Defendant would have the 53 West Pomfret Street Carlisle, Pem~sylvania 17013 materials shipped to Plaintiff's plant at the aforesaid address of Plaintiff. 5. After materials were coated by Plaintiff, Defendant would pick them up at Plaintiff s aforesaid address. 6. Defendant would make payment at Plaintiff s aforesaid address in accordance with various invoices issued by Plaintiff which were payable net thirty (30) days. 7. Although there were bills of lading and invoices with respect to each transaction which would be evidence in the case, all orders for the requested services were made orally rather than in writing. 8. Since March 12, 2001, Defendant placed the following orders for which Plaintiff's WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pemwylvania 17013 charges are in the following amounts: Plaintiff s Invoice Invoice Date Price 06-34-2510 March 12, 2001 $ 5,207.70 06-34-2511 March 13, 2001 293.64 06-34-2517 March 16, 2001 1,856.47 10-181-7609 Apri13, 2001 3,812.50 06-34-2550 April 17, 2001 891.33 06-34-2555 April 19, 2001 905.52 06-34-2594 May 16, 2001 1,248.53 TOTAL $14,215.69 -2- 9. In spite of Plaintiff s repeated demands therefor, Defendant has wholly failed and refused to pay the aforesaid invoices. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $14,215.69 plus costs and interest at the legal rate from the thirty-first day after the dates of each of the respective invoices. Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. S1iADE Attorney a[ Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- I, GREGG L. WEAVER, a Vice President of Plaintiff LANE ENTERPRISES, INC., make this verification on behalf of Plaintiff, being authorized to do so. The statements made in the foregoing Complaint are based upon information which I have given to my counsel; and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: July 5, 2001 ~~.~tf v~ Gregg L. eaver WAYNE F. SHADE Attorney at Law 53 West Pom6et Street Carlisle, Pennsylvania 17013 SHERIFF'S RETURN - OUT OF COUNTY b CASE NO: 2001-04219 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANE ENTERPRISES INC VS STORAGE AND PROCESSING INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT STORAGE AND PROCESSING INC to wit: but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On July 30th 2001 this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 nn 07/30/2001 WAYNE SHADE Sworn and subscribed to before me So answe s: R. omas Kline Sheriff of Cumberland County this ~ day of ~ , / A.D. Q `7'l~,~r o,~, ,tl1~ Prothonotary" ,m$; NUMBER X- 4650 DATE: July 23, 2001 COMMONWEALTH OF PENN5YLVAN_ IA COUNTY OF MONTGOMERY Lane Enterprises, Inc. Vs. Storage & Processing,Inc. 601 Righters Ferry Rd. Bala Cynwyd, PA NO SERVICE SO ANSWERS .....................Jv1-uvP. 'DurarttPi SHERIFF OF MONTGOMERY COi)NTY MEMO: On July 19, 2001 @ 08:40 the deputy returned because the above address is a lot used by a towing company to store towed cars, no one stays there at any time. Attorney should request a posting order. Deputy Sheriff C. Bono SD Portn 032-1 May 66 't _. ,.~ . . _~.. - .. ~. ~-~ q 0 In The C®urt a~f Coan®n Fleas ®f Cutnberlan~ C®unty, Pennsylvania Lane Enterprises, Inc. ~ ~ ~ -~~:7+~yFOR SERVdCE ~;.~. vs. Storage and Processing, Inc. SERVE: Storage and•Processing, Inc. No. O1 4219 civil ~ o~ ~-~i9°~~ Now, hereby deputize the Sheriff of deputation being made at the I, SHERIFF OF CUMBERLAND COUNTY, PA, do and risk of the Plaintiff. County to execute this Writ, this '` _ ~,.~ ' Sheriff of Cumberland County, PA ~ffadavtt ~f ~ea°vice Now, within upon at by handine to a copy of the original and made known to M. served the "'? c r- ~•- V./ _~r^T~ ~_.. 'i, ~ :~ aa. v:-:<~ ~ rJ~;~~ ~ ~oea .. --~ _.,c ~ -" the contents thereof. A3~c, otfatf~ss is R /wt rr~htr is cu~o ~y Ate~w~ c~,y,~ ro s'~,tf 'COWED ca2s,,va od£ slfl~lsrr~kE ~rft~y 1i~E, `Fk~Qy~ Orb~F-~ RL1ti0J5 ~ i+nJC l~r40 ~'rl,fi A6dbY D~~i ~ ~fRd ~ A,~1~~ R flasnJG Op.PEr?, O~tF l~'ai,l.~rth RE~1NF,~~JG ~ po~i~~Oa~ER, ~ ~~zw 7~«~at o~~s~ Sworn and subscribed before me this day of , 20 20 , at o'clock County, PA 5o answers, Sheriff of COSTS SERVICE MILEAGE _ AFFIDAVIT ~US~ LANE ENTERPRISES, INC., Plaintiff v. STORAGE AND PROCESSING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4219 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO: Curt Long, Prothonotary Please reinstate the Complaint in the above-captioned matter. F~ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania '. 17013 ii Date: August 31, 2001 ~. .. ~`4fifPi"IF .1.3`^re a.rr.lik?+knf'~!:"T49V...'-~fi~~'.d:"'~@3aKd~ SHERIFF'S RETURN - OUT OF COUNTY r ` ~ _'ASE N0: 2001-04219 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANE ENTERPRISES INC VS STORAGE AND PROCESSING 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: STORAGE AND PROCESSING INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY serve the within COMPLAINT & NOTICE County, Pennsylvania, to On September 18th 2001 this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 ~ R. Dep Montgomery Co 33.00 ~ S .00/ 70.00 C 09/18/2001 ((~~ WAYNE SHADE Sworn and subscribed to before me this %cf ~ day of _ ~c" (~ JJ A./D~. _ ~1k.~._ _ Gr. ~Gtt.Ppi ~ 'J Prothonota'ry~ omas xtine ff of Cumberland County SEP 95 29~?. ~-~.~AS FR CUMBF_RLRND Cn SHF_RIFF717 24R 6397 TO 9157.9278].498 P.93i~3 Yn The Court of COYnl7lon Pleas of Cumberland County, Pennsylvania Lane Enterprises, Inc. r~s • LAST DAX FOR SERVICE ~ ~, ~ Stora a and Frocessing, Inc, (D0~ ~~o1h tP erS ~errf R~;, ~i ~~ `~ Ci~rJ w, ~~ ~ 1 ~ Q fycf, No. Ol-4Z19 Civil Now, s/3I/ol 20 , I, SHERIFF OF CUMEERLAND COUN`T'Y, PA, do hereby deputize the Sheriff of Montgornexy County to execute this Writ, this deputation being made at the request and risk of the Plaintiff Sheriff of Cumberland County, PA Afffidavit O$ S0T"V'1Ce Now, SFQYF,/1t3F_Q /p"'' , 20 D1 , at ©ry® o'clock /~ M. served the within f'~JCr,.ar~l'G~z-~ fo-.rr..h--1 upon_ SF_P~Fvt'C5C-•~ 10''` ~~ 1 at ~53p.3~ A~~F1-ACS by handing to /''16<r•J-/•FE~ ~4~-TMR~) a copy of the original i~ y T Q cn cn „'= and made known to _ ~gr'1,f the contents there: T~,-~-_ I ~. - - Notaria15ea4 Helene FriddrmUn -otRry Publb Norristown Boca, ~°ontgonrely Cpurtly My Gommissic+n ExyYrr~y Apr, t, 20f1$ Sworn and subscribed before me this ~ day of , 2p 6~ `J~~ ~., So answers, ~ ~,~ T ~ ,.~~: -~~>` vSheriff of County, PA COSTS /JQ SER (~~, $ MILEAGE AFFIDAVIT X~1~lo0 ** TOTRL ~PRGE.83 >k* SHERIFF'S RETURN - OUT OF COUNTY ~~ CASE NO: 2001-04219 P Amended COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANE ENTERPRISES INC VS STORAGE AND PROCESSING 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: STORAGE AND PROCESSING INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of MONTGOMERY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 15th 2001 this office was in receipt of the attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Montgomery Co 33.00 .00 70.00 10/15/2001 WAYNE SHADE So answ _ ~-~---'"- ., R. 'Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /4 ~ day of d o-t~~ A.D. ~.v.~' ri2~eew ,~ ' othonot r OCT ~9 2887. 1S•13 FR CUM}3F_RLPND CO SHER.[FF717 248 6397 TO 916102783832 P.02/03 In The Court of Col+nrn®n Pleas of CuraAberland Cou>mty, Pena~sylvaa~ia Lane ~terprises, Inc. VS. Storage and Processing, Inc. No. 01-4219 Civil Now &/31/01 , 20", I, SI~RTFF OF CUMBERLAND COUNTY, PA, do hereby deputdze the Sheriff of Montga~ry County t0 execute-this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA .w APA9ETIDED Affada~il~ of Sea~vice Now, SEPtE+-~i~.(Z /p , 20 ~l , at ~/ o'clock /~ M. served the within Mo~'(rrSr~EQ-~~~ upon at A~3pJC ,4~a~9~SS by handing to h~I.~CN~4~ /~G7t-~I~tJ a copy of the original C'~P~.l~ t >J`~ and made known to S~~G_ the contents thereof. So answers, Notarial Seal Helene Friedman, Notary Public Norrisfiown Eoro, llcntgomery County PJIy Commission Expires Apr. t, 2004 Sworn and subscribed bef re me this! C5 day of , 20 6~ Sheriff of COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA LANE ENTERPRISES, INC., Plaintiff v. STORAGE AND PROCESSING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4219 CIVIL TERM PLAINTIFF'S PRAECIPE FOR DEFAULT NDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff and against Defendant in the above- captioned matter in the amount of $14,215.69 plus costs and interest at the legal rate from April 12, 2001, on $5,207.70, from April 13, 2001, on $293.64, from April 16, 2001, on $1,856.47, from May 4, 2001, on $3,812.50, from May 18, 2001, on $891.33, from May 20, 2001, on $905.52, and from June 16, 2001, on $1,248.53 for failure of Defendant to file its answer to Plaintiffls Complaint. It is certified that Notice of Intention to Enter Default Judgment has been given in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure, a copy of said Notice being attached hereto. Date: October 31, 2001 Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pemuylvania 17013 Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff LANE ENTERPRISES, INC., Plaintiff v. STORAGE AND PROCESSING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.O1-4219 CIVIL TERM NOTICE OF INTENTION TO ENTER DEFAULT JUDGMENT TO: Storage and Processing, Inc. 601 Righters Ferry Road Bala Cynwyd, Pennsylvania 19004 Date of Notice: October 15, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILED 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE DEFENDANT AND THEREBY LOSE 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, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania pals Wayn~ e, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff ~«~E~.~ . n C~ s. -' C: C~ Fl~(I~-~~ 1 ® ~ °`~ C3 G~ ~_' Io ~ ~ _ ~ l' ~~ _e ___ - v ` i^ S` ~ '~ C .. ~.-..J ~~r~ ~ V ~ .. ": ~ ,rl ~~ ~~ 4 ®~