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Home My WebLink About07-1883 RATE DISTRIBUTION LTD., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO: 2007 - 1883 CIVIL ACTION -LAW TON COMMUNICATIONS, INC., : Defendant : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Corporate Distribution Ltd., by its attorneys Snelbaker & P.C., and avers the following causes of action: 1. The Plaintiff herein is Corporate Distribution Ltd., a corporation, having an office place of business at 8 Long Lane, Mechanicsburg (Silver Spring Township), Cumberland , Pennsylvania. 2. The Defendant herein is Carleton Communications, Inc., a corporation, having an and place of business at 937 Nixon Drive, Mechanicsburg (Monroe Township), berland County, Pennsylvania. 3. At all times relevant hereto, Plaintiff was in the business of duplicating written by digital printing and other duplicative processes. 4. At all times relevant hereto, Defendant was in the business of designing and printing written material. COUNT I - CONTRACT 5. On or about July 6, 2006, Defendant contacted Plaintiff, requesting Plaintiff to LAW OFFICES assist in fulfilling a customer's order by duplicating 1,250 copies of a convention booklet SNELBAKER & BRENNEMAN, P.C. ining 112 pages for "La Societe of 40/8 Grand of PA" with a delivery date on or about July 0, 2006. 6. On or about July 6, 2006, Plaintiff orally offered to prepare said booklets by printing for a price of $2,820.00 (exclusive of Pennsylvania Sales Tax). 7. On or about July 6, 2006, Defendant orally accepted said offer and instructed to proceed with producing the 1,250 booklets. 8. In reliance upon Defendant's promise to pay the sum of $2,820.00, Plaintiff made produced 1,250 copies of said booklet. 9. Between the dates of July 7 and 10, 2006, Defendant accepted and took delivery all the booklets at Plaintiff's place of business. 10. The charges for preparation of the 1,250 booklets were fair and reasonable and agreed to by the Defendant. 11. On or about July 14, 2006, Plaintiff mailed to Defendant its invoice for the duplication of the 1,250 booklets in the amount of the agreed price, to wit: $2,820.00, plus Pennsylvania Sales Tax of $169.20, for the total amount of $2,989.20, a true and correct copy of said invoice being attached hereto marked "Exhibit A" and incorporated herein by reference I thereto. 12. Plaintiff has heretofore demanded payment of said sum of $2,989.20, which Defendant has failed and refused to pay. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $2,989.20 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. plus interest from the due date of aforementioned invoice and the costs of this action. The 2 amages claimed by Plaintiff do not exceed the amount established by this Court for mandatory COUNT II - CONTRACT 13. On or about July 7, 2006, Defendant contacted Plaintiff, requesting Plaintiff to in fulfilling a customer's order by duplicating 1,250 copies of a fiscal booklet containing 54 pages for "American Legion Department of Pennsylvania, Inc." with a delivery date on or out July 14, 2006. 14. On or about July 7, 2006, Plaintiff orally offered to prepare said booklets by igital printing for a price of $4,325.00 (exclusive of Pennsylvania Sales Tax). 15. On or about July 7, 2006, Defendant orally accepted said offer and instructed Plaintiff to proceed with producing the 1,250 booklets. 16. In reliance upon Defendant's promise to pay the sum of $4,325.00, Plaintiff made and produced 1,250 copies of said booklet 17. Between the dates of July 8 and 14, 2006, Defendant accepted and took delivery of all the booklets at Plaintiff's place of business. 18. The charges for preparation of the 1,250 booklets were fair and reasonable and those agreed to by the Defendant. 19. On or about July 14, 2006, Plaintiff mailed to Defendant its invoice for the duplication of the 1,250 booklets in the amount of the agreed price, to wit: $4,325.00, plus Pennsylvania Sales Tax of $259.50, for the total amount of $4,584.50, a true and correct copy of LAW OFFICES said invoice being attached hereto marked "Exhibit B" and incorporated herein by reference SNELBAKER & BRENNEMAN, P.C. thereto. 3 20. Plaintiff has heretofore demanded payment of said sum of $4,584.50, which has failed and refused to pay. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $4,584.50 interest from the due date of aforementioned invoice and the costs of this action. The claimed by Plaintiff do not exceed the amount established by this Court for mandatory ALTERNATIVE: COUNT III - QUANTUM MERUIT In the event it is determined that no express contractual basis existed in fact or law as ged in Counts I and II above, Plaintiff avers in the alternative as follows: 21. The averments contained in paragraphs 1 through 20 hereinabove are incorporated as though set forth at length hereinbelow. 22. Defendant accepted Plaintiff s work and materials expended and contained in the produced by Plaintiff as averred above 23. Plaintiff's work performed and materials provided assisted Defendant in fulfilling its commitments to its customer(s). 24. The fair market value of Plaintiff s work performed and materials provided are the values set forth in Plaintiff's invoices attached hereto as "Exhibit A" and "Exhibit B" incorporated herein by reference thereto. 25. Defendant has failed and refused to pay the fair market value of said work and LAW OFFICES SNELBAKER & BRENNEMAN, P.C. materials furnished by Plaintiff. 26. It is unjust for Defendant to receive, use and consume the value of Plaintiff's work and materials without full payment therefor. 4 WHEREFORE, Plaintiff demands judgment against Defendant for the sums of $2,989.20 $4,584.50 as set forth in Plaintiff's invoices (in the total amount of $7,573.70) plus interest the due dates of said invoices and the costs of this action. The damages claimed by iff herein do not exceed the amount established by this Court for mandatory arbitration. SNELBAKER & BRENNEMAN, P.C. By chard C. Snelbaker, Esquire PA Supreme Court I.D. #05355 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Date: April 5- , 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. PR*nWQ 1 PAacAQMG ml? CDL PRINTING AND PACKAGING CORPORATE DISTRIBUTION LTD P.O. BOX 1015 NEW KINGSTOWN, PA 17072 Telephone: 717-697-6900 Warehouse: MAIN Bill To: CARLTON COMMUNICATIONS INC. 937 NIXON DRIVE P 0 BOX 364 MECHANICSBURG, PA 17055 Telephone: 697-2986 INVOICE Invoice No. 800030858 Customer No. C0065 40/8 CONVENTION BOOK BEST CDL NET 30 DAYS Michael Milligan 07/14/2006 07/14/2006 Job # 8060593 Order Shipped Ta Unit Extended Quantity uantit y Item Descri tion - Price Price 1.00 1.00 Y 010335 2,820.0000 2,820.00 Duplication Sales - Other 40/8 CONVENTION BOOK 2 HRS GRAPHICS WORK 1/1, 98 PG, 5 BLUE SHEETS COLLATE, SLIPSHEET QTY: 1,250 @ $2,820.00 REPRO Print Date 07/14/2006 Total Paid 0.00 Print Time ' 12:59:46 PM Page # 1 Balance Due 2,989.20 Subtotal 2,820.00 6.00000 % Sales Tax 169.20 Invoice Total 2,989.20 EXHIBIT A PRINTING/ PACKAGING .:'-1: '. CDL PRINTING AND PACKAGING CORPORATE DISTRIBUTION LTD P.O. BOX 1015 NEW KINGSTOWN, PA 17072 Telephone: 717-697-6900 Warehouse: MAIN CARLTON COMMUNICATIONS INC. 937 NIXON DRIVE P0BOX364 MECHANICSBURG, PA 17055 Telephone: 697-2986 INVOICE Invoice No. 800030859 Customer No, 00065 Ship To!, REPORT OF OFFICERS BEST CDL NET 30 DAYS Michael Milligan 07/14/2006 07/14/2006 Job # 8060604 Order Shipped Ta Item Number Unit Extended uantt uanti Item Descr tion Price Price 1.00 1.00 Y 010335 4,325.0000 4,325.00 Duplication Sales - Other REPORT OF OFFICERS 1/1, 154 PG, 8.5 X 1 I SHIP SHEET 2 SECTIONS PGS 1 - 36 - BLUE PAPER PGS 1 - 118 - WHITE PAPER QTY: 1,250 @ $4,325.00 REPRO Print Date 07/14/2006 Total Paid 0.00 Print Time 12:59:46 PM Page # 1 Balance Due 4,584.50 Subtotal 4,325.00 6.00000 %Sales Tax 259.50 Invoice Total 4,584.50 EXHIBIT B VERIFICATION I, MICHAEL L. MILLIGAN, do verify as follows: that I am the General Manager of Corporation Distribution Ltd., the Plaintiff in the foregoing Complaint; that I am authorized to make this verification on behalf of the Plaintiff; that the facts contained in said Complaint within my personal knowledge are true and correct; that the facts contained in said Complaint not within my personal knowledge, I believe them to be true and correct based upon the information of others; and that I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. Michael L. Millig Dated: April S , 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. o "C # ? TR Tl -40 Cil 1 ti r l V SHERIFF'S RETURN - REGULAR CASE NO: 2007-01883 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CORPORATE DISTRIBUTION LTD VS CARLETON COMMUNICATIONS INC DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARLETON COMMUNICATIONS INC the DEFENDANT , at 1744:00 HOURS, on the 10th day of April 2007 at 937 NIXON DRIVE MECHANICSBURG, PA 17055 by handing to ROBERT BEERS, ADMINISTRATOR, ADULT IN CHARGE 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 7.68 Postage .39 Surcharge 10.00 .00 ?P f l3?? 7 C,, 3 6. 0 7 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 04/11/2007 SNELBAKER BRENNEMAN By : Deputy eriff A.D.