The URL can be used to link to this page

Home My WebLink About03-3029IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA K. L. C., INC., Plaintiff, GIDEON BYLER d/b/aNEWBURG STEEL ERECTORS, Defendant. NOTICE TO PLEAD TO: All Parties: You are hereby notified to file a written response to the enclosed COMPLAINT IN CIVIL ACTION within twenty (20) days from service hereof or a judgment may be entered CIVIL DiVISION COMPLAINT IN CIVIL ACTION Filed on behalf of Plaintiff: K. L. C., 1NC., Counsel of Record for This Party: Paul M. Marmix, Esquire PA ID #76225 WAYMAN, IRV1N & McAULEY, LLC Firm No. 583 Suite 1624 Frick Building 437 Grant Street Pittsburgh, PA 15219-6101 Phone: 412-566-2970 Fax: 412-391-1464 JURY TRIAL DEMANDED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA K. L. C., INC., CiVIL DIVISION Plaimiff, CASE NO. GDEON BYLER d/b/a NEWBURG STEEL ERECTORS, Defendant NOTICE TO DEFEND 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 (20) DAYS AFTER THIS COMPLAINT TO JOIN AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY ORBY 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 FAILED 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 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 OR KNOW OF A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP: Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA K. L. C., INC., Plaintiff, GIDEON BYLER d/b/a NEWBURG STEEL ERECTORS, Defendant. CiVIL DiVISION CASE NO. 0,~ -- 3(~c:~ COMPLAINT IN CIVIL ACTION AND NOW comes, the Plaintiff, K.L.C., Inc., by and through its attorneys, WAYMAN, IRVIN & McAULEY, LLC and files the within COMPLAINT IN CIVIL ACTION and in support thereof states the following: 1. PlaintiffK.L.C., Inc., is a corporation with its principal place of business at 433 New Park Avenue, West Hartford, Connecticut 06110-1185. 2. Defendant Gideon Byler is an adult individual residing at 13646 South Road, Newburg, Pennsylvania 17240 and operates a business known as Newburg Steel Erectors with a principal place of business at 7612 McClays Mill Road, Newburg, Pennsylvania. 3. On or about August 11,2000, Defendant entered into an Equipment Lease Agreement with Plaintiff K.L.C., Inc. for the lease of two remanufactured JLG Hydraulic Boom Lifts, SN 0308610125(1) and SN 0308610126 (hereinafter "Boom Lifts") supplied by Professional Aerials, Inc. (A true and correct copy of the Equipment Lease Agreement is attached hereto as Exhibit "A" and incorporated herein by reference). 4. Under the Lease Agreement, Defendant agreed to pay Plaintiff the sum of $2,336.00 on a monthly basis for a period of 48 months beginning August 11, 2000. 5. Also in connection with the lease of the Boom Lifts, Defendant signed a Guaranty of Lease, under which Defendant guaranteed the prompt and unconditional payment of Defendant's obligations under the Lease Agreement. (A true and correct copy of the Guaranty of Lease is found in Schedule A of the Lease Agreement attached as Exhibit "A"). 6. Plaintiff has fully performed its duties and obligations pursuant to the terms of the Lease Agreement. 7. The Defendant however defaulted under the Lease Agreement, having failed to make payment in accordance with the terms of the Lease Agreement since January 1, 2002. 8. Following the Defendant's continued failure to cure the default despite various notices from the Plaintiff, the Plaintiff repossessed and sold the Boom Lifts, pursuant to paragraph 18 of the Equipment Lease Agreement. 9. The Plaintiff received $10,030.00 for the sale of the Boom Lifts. COUNT I BREACH OF LEASE AGREEMENT 10. Plaintiffincorporates by reference the averments set forth in paragraph 1 through 9 as if fully set forth herein. 11. Pursuant to the terms and conditions of the Equipment Lease Agreement, Defendant is required to pay to the Plaintiffmonthly installments of $2,336.00 for a period of 48 months. The 2 Lease Agreement further provides that, in the event of non-payment, the Defendant is required to pay Plaintiff a late charge equal to seven percent (7%) of the payment(s) in arrears. 12. Defendant has defaulted by its failure and refusal to pay the monthly installments. 13. Pursuant to the Paragraph 18 ofthe Equipment Lease Agreement, Defendant' s default entitles Plaintiff to the entire remaining unpaid rental installments together with interest, late charges, use taxes, repossession and sale costs incurred in connection with Defendant's default including reasonable attorney's fees. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant (a) The unpaid principal sum and contractually accrued interest thereon in the total sum of $66,707.17; (b) Contractual late charges; of $4,742.08; (c) Repossession Charges of $2,775.00; (d) Use taxes in the amount of $2,242.56; (e) Reasonable attorney's fees and all other costs incurred in connection with the collection of the total unpaid sum; and (f) Any and all other relief which this Court deems appropriate. COUNT II BREACH OF GUARANTY AGREEMENT 14. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 13 as if fully set forth herein. 15. Contemporaneously with the execution of the Lease Agreement, the Defendant signed a Guaranty of Lease, under which the Defendant guaranteed the prompt and unconditional payment of the obligations in the Lease Agreement. (A tree and correct copy of the Guarantee of Lease is found in Schedule A of the Lease Agreement attached as Exhibit "A"). 16. As set forth in Count I of this Complaint, the Defendant has failed to fulfill its payment obligations to the Plaintiff under the Lease Agreement. 17. Plaintiff has made demand upon the Defendant for payment of the sums due. 18. Despite Plaintiff's demand, the Defendant has failed to pay the amounts due. 19. Accordingly, the Defendant is in breach of its obligations under the Guaranty of Lease Agreement. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant (a) The unpaid principal sum and contractually accrued interest thereon in the total sum of $66,707.17; (b) Contractual late charges; of $4,742.08; (c) Repossession Charges of $2,775.00; (d) Use taxes in the amount of $2,242.56; (e) Reasonable attorney's fees and all other costs incurred in connection with the collection of the total unpaid sum; and (f) Any and all other relief which this Court deems appropriate. 4 Respectfully submitted, WAYMAN, IRVIN & McAULEY, LLC Paul. M ~ai~nix, Esquire~~ Counsel for Plaintiff 5 VERIFICATION I, I~tl i~ t~ ~ ~q~l~- , authorized on behalf of Plaintiff to make said Verification have read the foregoing and verify that the statements contained therein are true to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date: SHERIFF' S RETURN - CASE NO: 2003-03029 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND K L C INC VS BYLER GIDEON DBA NEWBURG STEEL OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT BYLER GIDEON DBA NEWBURG STEEL ERECTORS but was unable to locate Him in his bailiwick. deputized the sheriff of FP3kNKLIN County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On July 14th , 2003 attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Franklin Co 37.80 .00 74.80 o7/i4/2oo3 WAYMAN IRVIN MCAULEY Sworn and subscribed to before me this ~ day of~..~ A.D. Prothonot'a~y! this office was in receipt of the So answers_~_ _~z_.~ j=~/ 5P. Thomas Kline '~ Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania K.L.C~ Inc. VS. Gideon Byler dba Newburg Steel Erectors SERVE: s~ne 03-3029 civil No. NOW, June 26, 2003 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Franklin County to execute this Writ, this Affidavit of Service Now, within ,200~' , at 2,'FJ o'clock__ /2 M. served the by handing to ]_;o~-/~ "~fly/e,- t'"co;'~ 3 a and made known to copy of the original the contents thereof. So answers, eriffof County, PA Sworn and subscribeq'b~fore. me ~ _~ _ day of( ~Cf~. 200_ D COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN - CASE NO: 2003-00162 T COMMONWEALTH OF PENNSYLV~,NIA: COUNTY OF FP. ANKLIN K.L. C. INC GIDEON BYLER, VS ET AL REGULAR ERIC R. HOCKENBERRY County, Pennsylvania, says, the within COMPLAINT GIDEON BYLER D/B/A NEWBURG STEEL ERECTORS DEFENDANT , at 0014:43 Hour, on the at 13646 SOUTH ROAD NEWBURG, PA 17240 LINDA BYLER (WIFE) a true and attested copy of COMPLAINT , Deputy Sheriff of FtlANKLIN who being duly sworn according to law, was served upon 7th day of July by handing to the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 Mileage 5.80 37.80 Sworn and Subscribed to before me this ~t.~ day of Notary z' · . ~; So Answers: ERIC R. HOCKENBERRY ~_Deputy She~ff 07/0892003 '~ CUMBERLJIND COUNTY SHERIFF