Loading...
HomeMy WebLinkAbout99-02982?' `? 5 `???, ,ua ?:; ?"??? ?i'. r- `? i 1'? '. ',.{, 11 , ,A?; HA Y:? 1 i? SPECIALIZED BICYCLE : IN THE COURT OF COMMON PLEAS OF COMPONENTS, INC. : CUMBERLAND COUNTY, PENNSYLVANIA V. 99-2982 CIVIL TERM DORCAS WILLIAMS AND THOMAS WILLIAMS, Individually and trading as BIKE LINE OF MECHANICSBURG AND THW, INC. IN RE: ARBITRATION ORDER OF COURT AND NOW, September 27, 2000, the Court having been informed that the above-case has been settled, the panel of arbitrators previously appointed is vacated and the chairman, James Hughes, Esquire, shall be paid the sum of $50.00. James Hughes, Esquire Chairman Court Administrator 9-?? as RK9 :ssg LUulwi:.ill_^4U vUUl?7? PENNSYLVANIA COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,,PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff : No. 99-2982 VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually : CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG and THW, INC. Defendant(s) NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST DEFENDANT THW, INC. DOING BUSINESS AS BIKE LINE OF MECHANICSBURG IN THE AMOUNT OF $16,680.66 ON S'W a( , 2000. ( ) A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CUMBERLAN OUNTY Per: If you have any questions concerning the above, please contact the undersigned. Amato and Ma gle, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff : No. 99-2982 VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually : CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG and THW, INC. Defendant(s) PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Pursuant to the attached Stipulation of Parties, kindly enter judgment in favor of Plaintiff and against Defendant THW, Inc: doing business as BIKE LINE OF MECHANICSBURG as follows: Debt $16,680.66 Total $16,680.66 I.CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE ATTACHED STIPULATION. Dated: Amato and Margie, P.C. By: --?/ Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff : No. 99-2982 Vs. DORCAS WILLIAMS and THOMAS WILLIAMS individually CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG and THW, INC. Defendant(s) CERTIFICATION OF ADDRESSES is: I do certify that the precise last known address of the within named Plaintiff 15130 Concord Circle Morgan Hill CA 95037 I do certify that the precise last known address of the Defendant is: 6520 Carlisle Park MECHANICSBURG PA 17055 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff No. 99-2982 VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG and THW, INC Defendant(s) CIVIL ACTION STIPULATION OF PARTIES FOR ENTRY OF JUDGMENT IN FAVOR OF PLAINTIFF AGAINST DEFENDANT THW, INC. TRADING AS BIKE LINE OF MECHANICSBURG The Plaintiff, SPECIALIZED BICYCLE COMPONENTS, INC. by and through its counsel, Amato and Margle, P.C., and the Defendant(s), THW, INC. doing business as BIKE LINE OF MECHANICSBURG by and through counsel, Lapp and Pontz, LLP, hereby stipulate this 17th day of August, 2000 as follows: 1. That judgment may be entered in favor of Plaintiff against the above named Defendant, THW, INC. doing business as BIKE LINE OF MECHANICSBURG for $16,680.66 by agreement upon Praecipe by the Plaintiff. 2. Compliance with Pennsylvania Rule of Civil Procedure 237.1 is hereby excused. Amato and Margle, P.C. By: Ronald Amato Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 Lapp and Pontz, LLP By: Dale Lapp, Esq re Attorney for Defendant 255 Butler Avenue, Suite 101 LANCASTER PA 17601 • ?:1 w 1 I I I I ' I "J „ ? ?? In.l vT ? U o a 3 m ui w U ? v?S v ¢ w m E 5 6 3 m 0 p 0 0 I ? m o S a S o m O 2 o m ?R 1w.0 m y aN arW? 7+'?wr,r,ur. uvl s n.o upcuq r iron uric rn LAW OFFICES AMATO AND MARGLE, PC. 107 NORT N COME HCE WAY SM"LU ....., .....,,., ., COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff : No. ?-atw?L VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF CIVIL ACTION MECHANICSBURG and THW, 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 THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS 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 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 LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO AND AS CIATES, P.C. By: /I IY Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff No. VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF CIVIL ACTION MECHANICSBURG and THW, INC. Defendant AMENDED COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $16,680.66, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, SPECIALIZED BICYCLE COMPONENTS, INC. is located at 15130 Concord Circle, Morgan Hill CA 95037. 2. The Defendant, DORCAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, is an adult individual with a place of business located at 6520 Carlisle Park, MECHANICSBURG PA 17055. 3. The Defendant, THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, is an adult individual located at 6520 Carlisle Park, MECHANICSBURG PA 17055. 4. The Defendant THW, INC. is a corporation incorporated on October 13, 1999 under the laws of the State of Pennsylvania having a registered office located at 6520 Carlisle. i Pike Mechanicsburg PA 17055. 5. It is believed and therefore averred that Thomas Williams and Dorcas Williams were the incorporators for THW, INC. 6. It is believed and therefore averred that THW, INC. was doing business as Bike x 0 E Line of Mechanicsburg. COUNTI (PLAINTIFF v. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG) 7. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 8. 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 invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 9. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 10. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $13,450.72. 11. 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 May 6, 1999 the total amount of interest due to Plaintiff is $685.43. 12. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from May 6, 1999 on down to the date of judgment in this matter. 13. It is believe and therefore averred that Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $2,544.51. 14. 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 $16,680.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, and cost of suit. COUNT II (Alternative to Count I - Unjust Enrichment) 15. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 16. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 17. At all times 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. 18. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 19. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 20. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $13,450.72. 1 WHEREFORE, Plaintiff demands judgment against the Defendant for $13,450.72 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly l entitled. COUNT III (PLAINTIFF v. THW, INC. individually and trading as BIKE LINE OF MECHANICSBURG) 21. Plaintiff incorporates the allegations of every paragraph enumerated above of { this Complaint as if said paragraphs were fully set forth here at length. 22. It is believed and therefore averred that THW, Inc. ratified the contract between Plaintiff and Dorcas Williams and Thomas Williams individually and trading as Bike Line of Mechanicsburg and agreed to be responsible for any debts incurred by the incorporators. 23. 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 invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 24. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 25. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $13,450.72. 26. 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 May 6, 1999 the total amount of interest due to Plaintiff is $685.43. 27. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from May 6, 1999 on down to the date of judgment in this matter. 28. It is believed and therefore averred that Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $2,544.51. 29. 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 $16,620.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, and cost of suit. COUNT IV (Alternative to Count III - Unjust Enrichment) 30. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 31. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 32. At all times 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. 33. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 34. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 35. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $13,450.72. WHEREFORE, Plaintiff demands judgment against the Defendant for $13,450.72 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. COUNT V (Personal Guaranty) (PLAINTIFF v.THOMAS WILLIAMS) 36. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 37. Defendant, Thomas Williams, hereinafter referred to as "Guarantor", executed a written personal guarantee, wherein guarantor personally guaranteed the repayment of any and all extensions of credit Plaintiff would advance to Bike Line of Mechanicsburg, Defendant herein. A copy of the personal guaranty is attached hereto, made a part hereof, and marked Exhibit "B". 38. In reliance upon the written representations, promises and guarantee of the Guarantor, Plaintiff extended credit to Defendant herein, in the amounts indicated in Exhibit "A". 39. The Plaintiff has made demand against the Defendant/Guarantor, for $16,680.66, but Defendant failed or refused to pay the same or any part thereof. 40. As a result of the aforesaid breach by the Guarantor of its representations, promises and guarantee to repay Plaintiff, Plaintiff has suffered damages in the amount of 16,680.66, together with interest and costs. WHEREFORE, Plaintiff demands judgment against the Defendant/Guarantor for $16,680.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND SOCIATES, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing Amended complaint are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. 'V?u . M chael Kenned , Esquire Attorney for Plaintiff nn11 mm ? y?I ' p'y ? i C? NNCI? i mo (? i m? I i C3 ?n .I N. m?Qr 1 m 1 o I ,Ow iN? mN i??(?p? jM•l/1 j N b itppryry,, NN ; nU? lrln ? n i n ru'i t? ? . 0 1 j 1 1 1d• 1 d? 1 1?1 1 pp ? p n I p1? i'rtl'l?O i ?O N T i ui,4 ' DN 1 1 1 m?Q0 1 p 1 pQ? m I 111 1 N 1 W Yl 1 1 i 1 N i rb I E i ? PbmNP?NC1m ly ? i ? ? i i'I. •p 4d Y? b P ? a 1 I Iy„O 1 mmmmm m mrnm '?ryvW?Q?oo1?Gpp??? Fq i ttt??? .n1 (3M/??OQNNN N1 ri00L)raIN l?-I N 3??;1, 000 lll---??? 171 ^G?7! ZZZZZZr>IZZZZZ OOd gi C ZZ2Zz ZZZZZa.a1Z I rGUARANTEE All Applicants Allust Sign Guarantee For valuable consideration received from SPECIALIZED BICYCLE,. COMPONENTS. INC., ("Specialized"). the receipt of which is hereby ackn owledgedli lti? rat; ("Cuntomcr"), and consideration of present and future sales contracts between Specialized and Customer, the undersigned }.!7lill , 1 t•1 ("Guarantor"), hereby agrees and promises as follows: 1. Obligation of Guarantor. Guarantor hereby guarantees on u con, tinuing basis the prompt and complete performance by Customer of the terms, covenants, and conditions of all present and future can. tracts, written or oral, between Customer and Specialized for the purchase and sales of bicycles, bicycle parts, and/or accessories, or equipment (including rental thereof), or any other merchandise, or the sale of any services and that Customer will pay when due the contract price of any and all goods or services specified o or delivered under such contracts. Further, upon notice from Specialized of any default by the Customer under such contracts or any extension thereof, either in the payment or all or part of the contract price, or in the failure to accept delivery under said contracts, or in the failure to pay freight or other charges in accordance with any contract, or upon the failure of customer to observe any other term, covenant, or condition of such contract, guarantor shall unconditionally become liable to Specialized, and shull pay to Specialized in Santa Clara County, California, any amount which Customer is then owing, including without limitation any claim for damages, cost or expenses attributable to failure by Cos. tamer either to accept delivery or to take proper care of merchandise delivered but not accepted for any reason, or for the violation by Customer of any term, covenant or condition of any said contracts. Guarantors obligation shall include the payment of the entire interest or post maturity charges specified in the underlying sales contracts, agreements or Specialized's order acknowledgement forms or such lesser amount computed at the maximum rate Guarantor is permitted to pay under aapplicable law. 2. Extensions of Time and Modifications. The obligations or Guarantor are not in any way released or discharged by reason of any modification or extension of time for performance of any contract or of any term. covenant or condition thereof, or by reason of any extension of time for the payment of the whole or any part of the indebtedness of said Customer, or by reason of the receipt and acceptonre by Specialized of ovics, hl is. checks or other instruments for the payment he said Customer or by any odder person or of money mude either by the, persons, and extensions and renewals thereof. 3. Cessation of Delivery. Specialized shall have the right, without notice to or approval by Guarantor, and without affecting or discharg. ing in whole or in part the liability of Guarantor hereunder, to refuse to deliver further merchandise until Customer fully performs its obligations under contracts then outstanding. 4. Continuing Guaranty. This is a continuing guaranty applicable to all present and / or future contracts between Specialized and Cus• tomer and is applicable to all such contracts until this agreement is terminated by Guarantor through delivery of a written notice of ter- mination to Specialized at its principal office in Santa Clara County, California, but such notice shall be operative only as to subsequent contracts and shall not release Guarantor of its obligation hereunder with respect to sales made and contracts entered into prior to the date that such notice is received by Specialized. ++•frtiess: 5. Notice. Guarantor shall be deemed to have notice form Special- ized without any further action of Speciulized, of all obligations of Customer, and the amounts and terms thereof. and notice )f defaults, nonperformance or nonpayment by Customer of tiny of its obligations or liabilities under any existing or future contracts between said Customer and Specialized. Specialized shall lie under no )litigation to proceed against customer prior to exercise of its rights under this Agreement. 8. Records. The books of account, papers. and documents main. tained by Specialized in its normal course of business shall lie deemed prima facie evidence of the existence or nn indebtedness against Customer and of the extend of such indebtedness. 7. Acceleration of Liability. All liabilities of Customer shall mature immediately and be deemed in default upon the reorganization or Cus. tomer, transfer of substantially all of the assets of Customer, or sale of a majority interest in Customer, insolvency of Customer, the com- mission of an act of bankruptcy by Customer, the appointment of a receiver for Customer or any of its property, the riling of a voluntary or involuntary petition in banlouptcy, reorganization, at urrangemenl, the making of an assignment for the benefit of creditors, or the culling or a meeting of creditors by Customer. 8. Attorneys' Fees. Should Guarantor, alter receipt of written notice from Specialized, fail or delay in any way to comply immediately in all respects with its obligation hereunder, and should such failure or delay require referral to ran attorney for odoreement Guarantor shall tiny to Specialized a reasonable amount as attorneys' fees and collection costs, or at the option of Specialized, a specific sum equal to to',; of the total amount due, provided. however, that the foregoing provision of attorneys' fees and collection coals is void where prohibited by applicable law. 9. Joint and Several Liability. The term "Guarantor" as used herein shall mean all persons signing this agreement, and such persons, if more than one, shall he jointly and severally liable hereunder. The liability of one or more Guarantors shall not he conditioned on the signature, acts, or performance of another Guaantor. This agreement shall be binding on the Guarantor and the heirs anti personal repre- sentatives of the Guarantor, 10. Entire Agreement and Interpretation. This agreement super. seder all prior nrul or written understanding, constitutes the entire agreement between Guarantor and Specialized and may not be changed or amended in any munner except by a writing signed by Guarantor and mailed postage prepaid to Specialized at its principal office in Santa Clara County, California. The paragraph captions herein are for identification purposes only and shall not be used in construing this agreement. Should any term or prevision of the agree, ment be held illegal or unenforceable for any reason, the validity of the remaining por'ions shall not be affected thereby. The interpretation, validity and performance at this entire agreement shall he governed by the low of the State .d California. IN WITNESS WHEREOF, GuaranwOus signed this ugrement this daY )f ?.----•-• 19 individually Owner ? _ individually Co-Owner • EXHIBIT G WITNESS: Date: 1. . 1 1 1 ?. I Q U n: ? m U Q W a o O 2 T W o_ e ? F = g a C z F fu c m YY.MIm•M16110•leac:m •x touo ?OH wYO/ 'JM TNp1VNYLLNI ?LLYII TY p Mp6Np Y T9T LY361N r.. Ire ri d r n u. ? .r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE L COMPONENTS, INC. Plaintiff No. Vs. `.. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF : CIVIL ACTION MECHANICSBURG 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 ATTORNEYS 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 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 LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO AN" By: ,CIATESI P.C. Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG Defendant No. 99- 'z n z &La -r..- CIVIL ACTION COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $16,680.66, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, SPECIALIZED BICYCLE COMPONENTS, INC. is located at 15130 Concord Circle, Morgan Hill CA 95037. 2. The Defendant, DORCAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, is an adult individual with a place of business located at 6520 Carlisle Park, MECHANICSBURG PA 17055. 3. The Defendant, THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, is an adult individual located at 6520 Carlisle Park, MECHANICSBURG PA 17055. COUNTI (DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG) 4. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 5. 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 invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 6. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 7. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $13,450.72. 8. 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 May 6, 1999 the total amount of interest due to Plaintiff is 9685.43. 9. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from May 6, 1999 on down to the date of judgment in this matter. 10. It is believe and therefore averred that Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total 92,544.51. 11. 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 916,680.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, and cost of suit. COUNT II (Alternative to Count I - Unjust Enrichment) 12. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 13. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 14. At all times 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. 15. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 16. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 17. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $13,450.72. WHEREFORE, Plaintiff demands judgment against the Defendant for $13,450.72 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. COUNT II (Personal Guaranty) (THOMAS WILLIAMS) 18. Plaintiff incorporates the allegations of every paragraph enumeratedabove of this Complaint as if said paragraphs were fully set forth here at length. 19. Defendant, Thomas Williams, hereinafter referred to as "Guarantor", executed a written personal guarantee, wherein guarantor personally guaranteed the repayment of any and all extensions of credit Plaintiff would advance to Defendant herein. A copy of the personal guaranty is attached hereto, made a part hereof, and marked Exhibit "B". 20. In reliance upon the written representations, promises and guarantee of the Guarantor, Plaintiff extended credit to D0endant herein, in the amounts indicated in Exhibit "A". 21. The Plaintiff has made demand against the Defendant/Guarantor, for $16,680.66, but Defendant failed or refused to pay the same or any part thereof. 22. As a result of the aforesaid breach by the Guarantor of its representations, promises and guarantee to repay Plaintiff, Plaintiff has suffered damages in the amount of 16,680.66, together with interest and costs. WHEREFORE, Plaintiff demands judgment against the Defendant/Guarantor for $16,680.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND IATES, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION -RAa hereby states that he/she is the ?f?q i rJr?Q, 0 of SPECIALIZED BICYCLE COMPONENTS, INC., Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. 1191HX3 C m Pb TNODM1p I O,N 1 ? ,hyy1( , m O (?•b I m (b 1 0 1 n N i in 1 I i i Nq?? O, P 1 d? ; 1 -y ? ; r 1 NI FI 1 ! I 1 1 N i N C i Ctp i r x 1 k , 1 i N , rl 1 1 , I i 1 1 1 ,y 1 1 ? ?F ? ??1]5 I? I I Ip" I , 1 }y?J1 ..1 ry m I' '. i 0 ({(<y? b 1lrym1 N ?YTp? ?0y 0? pppN??? {Cp/?1 ??gMppp ; N I'{,[ ? I ; ?? 7 ri ?l?l fJ IVN? Nr t ,/?' i 1 (m0. 1 _ 1 1 ? ; 1 u! ? oCY1 ' ' 1 `'? 1 i .?i fVO?fgV Me4?001Pryb 101 ua?1 ?y 2zzzzza.rz«zzz wOV 8 .y ? .. .. 0 zzz« 2«22z2i+?12 `GUARANTEE All Applicants Alust Sign. Guarantee For valuable considemtiun received from SPECIALIZED BICYCLE COMPONENTS, INC., ("Specialized"), the receipt of which is hereby acknowledged b i?r; t?? nt. E.4c +1t'ILaL?u?/ ("Customer"{, and coils td of present and futurer sales contracts between Specialized and 5 and t tstomer, the undersiggned hereby agrees and promises not follows: 1"Guarantor"), 1. Obligation of Guarantor. Guarantor hereby guarantees on a con, tinuing basis the prompt and complete performance by Customer of the terms, covenants, and conditions of all present and future con- tracts, written or oral, between Customer and Specialized In. the purchase and sales of bicycles, bicycle parts, and/or accessories, or equipment (including rental thereof), or any other merchandise, or the sale of any services and that Customer will pay when due the contract price of any and all goods or services specified is or delivered under such contracts. Further, upon notice from specialized of any default by the Customer under such contracts or any extension thereof, either in the payment of all or part of the contract price, or in the failure to accept delivery under said contracts, or in the failure to pay freight or other charges in accordance with any contract, or upon the failure of customer to observe any other term, covenant, or condition of such contract, guarantor shall unconditionally become liable to Specialized. and shall pay to Specialized in Santa Clara County, California, any amount which Customer is then owing, including without limitation any claim for damages, cost or expenses attributable to failure by Cus- tomer either to accept delivery or to take proper care of merchandise delivered hot not accepted for any reason, or for the violation by Customer of any term, covenant or condition of any said contracts. Guarantor's obligation shall include the payment of the entire interest or post maturity charges specified in the underlying sales contracts, agreements or Specialized's order acknowledgement forms or such lesser amount computed at the maximum rate Guarantor is permitted to pay under aapplicable law. 2. Extensions of Time and Modifications. The obligations of Guarantor are not in any way released or discharged by reason of any modification or extension of time for performance crony contract or of any term, covenant or condition thereof, or by reason of any extension of time for the payment of the whole or any part of the indebtedness of said Customer, or by reason of the receipt and acceptance by Specialized of notes, bills, checks or other instruments for the payment of money made either by the said Customer or by any other person or persons, and extensions and renewals thereof. 3. Cessation of Delivery. Specialized shall have the right, without notice to or approval by Guarantor, and without affecting or discharg. ing in whole or in part the liability of Guarantor hereunder, to refuse to deliver further merchandise until Customer fully perforrns its obligations under contracts then outstanding. 4. Continuing Guaranty. This is a continuing guaranty applicable to all present and of or future contracts between Specialized and Cus- tomer and is applicable to all such contracts until this agreement is terminated by Guarantor through delivery of a written notice of ter- mination to Specialized at its principal office in Santa Clara County, California, but such notice shall be operative only as to subsequent contracts and shall not release Guarantor of its obligation hereunder with respect to sales made and contracts entered into prior to the date that such notice is received by Specialized. WITNESS: 5. Notice. Guarantor shall be deemed to have notice from special. ized without any further action of Specialized. of all obligations of Customer, and the amounts and terms thereof, and notice of defaults, nonperformance or nonpayment by Customer of tiny of its obligations or liabilities under any existing or future contracts between said Customer and Specialized. Specialized shall he under no obligation to proceed against customer prior to exercise of its rights under this Agreement. 0. Records. The books of account, papers, and documents main. mined by Specialized in its normal course of business shall be deemed prima facie evidence of the existence or an indebtedness against Customer and of the extend of such indebtedness. 7. Acceleration of Liability. All liabilities of Customer shall mature immediately and he deemed in default upon the rporganizutian cf Cas• tamer, transfer of substantially all of the assets of Customer, or rule of a majority interest in Customer, insolvency of Customer, the com- mission of an act of bankruptcy by Customer, the appointment of a receiver for Customer or any of its property, the filing of a voluntary or involuntary petition in bankruptcy, reorganization, of urrangement, the making of an assignment for the benefit of creditors, or the calling or a meeting of creditors by Customer. 8. Attorneys' Fees, Should Guarantor, after receipt ofwritten notice from Specialized, fail or delay in any way to comply inunediately in all respects with its obligation hereunder, and should such failure or deJay require referral to an uttornyy for enforcement, Guarantor shall pay to Specialized a reasonable amount as attorneys' fees and collection costs, or at the option of Specialized, a specific sum equal to 111.; of the total amount due, provided, however, that the foregning provision of attorneys' fees and collection coats is void wherr prohibited by applicable law. 9. Joint and Several Liability. The term "Guarantor" as used herein shall mean all persons signing this agreement, and such persons, if more than one, shall be jointly and severally liable hereunder. The liability alone or more Guarantors shall not he conditioned on the signature, acts, or performance of anuther Guarantor, This agreement shall be binding on the Guarantor and the heirs and personal repre- sentatives of the Guarantor, 10. Entire Agreement and Interpretation. This agreement super. seder all prior oral or written understanding, constitutes the entire agreement between Guarantor and Specialized and may not he changed or amended in any munner except by a writing signed by Guarantor and mailed postage prepaid to Specialized at its principal office in Santa Clara County, California. The paragraph captions herein are for identification purposes only and shall not he used in construing this aereement. Should any term or provision of the agree. ment be held illegal or unenforceable for any reason, the validity or the remaining pur•ions shall not be affected thereby. The interpretation, validity and perfomtsnce of this entire agreement shall he governed by the law of the State of California. IN WITNESS WHEREOF, GunruntoC has signed this agreement 1 this % 1= +/ day of ! Gle'-?it:_ 19 r Owner ?.??""?""' :.r /-•?' C?^• -" individually r Co-Owner individually EXHIBIT a G Date: WITNESS: Date; Cti U ' wwwua •.,ormm•naun•nmm wwra "Jyl1YMOLLYNYIl.M.4YIC 51r a MdFVyp Y 5rou 4Y/c 11r w I AAV ul I I? ! . I%AY P.I II?l it fA IAA 11I11I: W,If. From: Ronald Amato 610.886.9155 To Rance 1 Page 3 of 3 9q0_7_;3 IN THE COURT OF COMMON PLEAS OF SPFCIALIZFD BICY;LF. COMPONENTS. INC. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff," va•. N0.99-2982 CIVIL DORCAS WILLIAMS AND trading as ILBIKE LINE LIAMS, OF Individually and MECHANICSBURG AND THW, INC. Defendant RULE 1312,1, The Petition for Appointment of Arbitrators shall in?ha fa]la?tia? ERs: PETITION FOR APPOINTMENT OF ARBITRATORS 19 o O DOW m -o c .S ubASan(.' i TO THE HONORABLE, THE JUDGES OF SAID COURT: Ronald Amato Fsguire counsel for the plaintiffX]UlxR1HC = in respectfully represents that: the above actin (or actions), 1. The above-captioned action (or actions) is (are) at issue- 2. The claim of the plaintiff in the acaien5i4 $`16,680.66 The,co.afi;erclaim of the defendant in the action is The tgllowing attorneys are interested in the case(s) as counsel or are other- Ronald Amato £aeuire and raise disqualified to sit as arbitrators: Dale La F.n ulre WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the casG shall be submitted. Respectfully submitted, L??_ in consideration of the AND NOW, =r / • "- ? Eaq foregoing petition, rs in the X a sq., a re appointed arbitrato Esq., and / above-captioned action (or nctioas) an pr yed for. P. J. bole: 4112100 Time: 2,09:10 PM }, ( i 1 J From: Ronald Amato 810-880-9155 To: Renee 1 -1 Date: 4112/00 Tyne: 2.00:10 PM Fax Cover Company : Cumberland County Prothonotary Fax Number : 717-240-6573 Pages including cover page: 3 Date : 4/12/00 Time : 2:12:56 PM Company : Amato and Margle, P.C. Fax Number : 610-866-9155 I"'"-TI Pape 1 o13 WmFax PRO Cover Pe9e To: Renee From : Michele Piro From: Ronald Amato 010-808.0155 To: Renee Dalo: 411200 Tima: 2:00:10 PM Page 2 of 3 I RECEIPT FOR PAYMENT j amamamaaaamasr?ae.xaxq Cumberland County Prothonotary+s Office Receipt Date 2/01/2000 Carlisle, Pa 17013 Receipt Time 14820916 I Receipt No. 90759 1 SPECIALIZED BICYCLE COMPONENTS (US) Case Number 1999-02952 Received of JM ATTY RONALD AMATO Total Check... + 15.00 Total Cash.... + .00 Change........ - 00 Receipt total. = 15.00 WILLIAMS DORCAS ET AL Check No. 103509 °°- --- Distribution Of Payment Transaction Description Payment Amount APPT OF ARBITRA 15.00 CUMBERLAND CO GENERAL FUND 15.00 i. I I I I I i t 1 I f r. SPECIALIZED BICYCLE. COMPONENTS, INC. Plaintiff VS. DORCAS WILLIAMS AND THOMAS WILLIAMS, Individually and trading as BIKE LINE. OF ME.CHANICSBURG AND THW, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2982 CIVIL 19 RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Ronald Amato, Esquire counsel for the plaintiffkXXXgXjjgxiR in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 16,680.66 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: Ronald Amato, Esquire and Dale Lapp, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfull submitted ORDER OF COURT l AND NOW, , 19 , in consideration of the foregoing petition, q•, Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Court, P. J. lJ S= (_? o v r WW U A i i J f' V, f(l LAW OFFICES IRWIN MCKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING ROGER R. IRII'IN ROOFRSA.MeKN/GllT UARCU l// 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 , JAAIESD.IIUGIIES R6/IECCAR HUG/IE S (717) 249.2353 IIAROLDS.IRU'1N (I91J•19:7) IMRN IR R R. 1986) - . . ,iM1?KD.SCIIMfRT7. DOUGLAS G Al/LLER FAX (717/ 249.6354 E-MAIL; IMHLAW@SUPERNET.COM , I I & I RI 19J6.9866) IRI17N, IRIVIN& RII'/N In (- IRII'I$IRI7Ny86.1 ' . /N A1cA'N/G/IT&-dIIUGIIES HUG/lCS pyy{- I IRII September 26, 2000 HONORABLE GEORGE E. HOFFER CUMBERLAND COUNTY COURTHOUSE I COURTHOUSE SQUARE CARLISLE, PA 17013-3387 RE: SPECIALIZED BICYCLE COMPONENTS v. BIKE LINE OF MECHANICSBURG Docket #99-2982 Dear Judge Hoffer: I was appointed Chairman of Arbitration for the above-referenced action. After many requests for continuances and attempts to reschedule this matter, our office received aletter from Plaintiff's counsel canceling the arbitration and removing the same from the list. Please be advised I am therefore returning the file to the Prothonotary's Office. . In the event you have any further questions concerning this matter, please do not hesitate to contact me. JDH: alk Enclosure LAW OFFICES OF 7?? AMATO AND MARGLE C ! • • RONALD AMATOt STANLEY J 111f . MANGLE, MICHAEL SUITE 100, COMMERCE SQUARE t J . KENNEDYt J JAMES J. NARLESKYt 107 NORTH COMMERCE WAY KRISTOPHER T. SMULLt BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 OF COUNSEL: FACSIMILE (610) 866.9155 C •* r?° JEFFREY H. LEVitt AO. O Ibn n I I MAILING Ij (- IF tAdmimdPAOn P.1 I I Mnrph Dircc( Did: (610) 96 Iy11AAnlmd MUud IICOnIy Allemawn, PA NOW MarB1e Wice Mdl: (610) J6&2494 6I081 GnrcN IiMul: emul@unu•law,com Mir&C-Mdl: smuple@unrtalaw.cum AUG 1 2000 PLEASE RESPOND TO BETHLEHEM IRWIN, McKI,..,,O August 18, 2000 James Hughes, Esquire W Pomfret Prof. Bldg. 60 W. Promfret Street Carlisle PA 17013 Re: SPECIALIZED BICYCLECOMPONENTS, INC. v. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG Court of Common Pleas of Cumberland County Civil Action No.: 99-2982 Our File #: 990733 - Dear Mr. Hughes: Please cancel the arbitration scheduled for August 22, 2000 at 9:00 a.m. in regard to the above referenced matter. Defendants Dorcas Williams and Thomas Williams filed bankruptcy, and the parties have agreed to a stipulated judgment against the corporate, defendant. Therefore, the arbitration will not be necessary. It is our understanding that you will notify the arbitrators of the cancellation and the arbitration will be canceled. Please advise when it has been canceled. Of course, if you should have any questions, please contact my office. Thank you for your cooperation in this matter. Very truly yours, AMATO AND MARGLE, P.C. MP1MP By: (?? tCJ Ronald Amato acpron cc: Dale Lapp, Esquire ''^ SHERIFF'S RETURN - REGULAR CASE NO: 1999-02982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPECIALIZED BICYCLE COMPONENTS VS. WILLIAMS DORCAS ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon WILLIAMS DORCAS IND & T/A BIKE LINE OF MECHANICSBURG the defendant, at 20:15 HOURS, on the 24th day of May 1999 at 26 BOURBON RED MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DORCAS WILLIAMS a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answ r Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 8.00 omas ine, Teri I $3r58-AMATO & MARGLE J 05/25/1999 fo , by r?Jj- - - e/`//pu y rieriff Sworn andsubscribed t before me this 416L day of ol t-- 19-?(iif A.D. Lt ar, V SHERIFF'S RETURN - REGULAR CASE NO: 1999-02982 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPECIALIZED BICYCLE COMPONENTS VS. WILLIAMS DORCAS ET AL RICHARD SMTIH , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon WILLIAMS THOMAS IND & T/A BIKE LINE OF MECHANICSBURG the defendant, at 20:15 HOURS, on the 24th day of May 3.999 at 26 BOURBON RED MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to DORCAS WILLIAMS a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Affidavit .00 7 Surcharge 8.00 omas Kline, eri x_05 2O/1999RGLE by pu y eri ` Sworn and subscribed to before me this i wl- day of. 4',X , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff No q % - a ? (U O /? VS. o? /? &'?? DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF : CIVIL ACTION MECHANICSBURG and THW, 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 THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS 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 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 LEGAL HELP. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 IATES, P.C. AMATO ANyo By: Ama to Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC, Plaintiff No. VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF CIVIL ACTION MECHANICSBURG and THW, INC. Defendant AMENDED COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $16,680.66, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, SPECIALIZED BICYCLE COMPONENTS, INC. is located at 15130 Concord Circle, Morgan Hill CA 95037. 2. The Defendant, DORCAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, is an adult individual with a place of business located at 6520 Carlisle Park, MECHANICSBURG PA 17055. 3. The Defendant, THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, is an adult individual located at 6520 Carlisle Park, MECHANICSBURG PA 17055. 4. The Defendant THW, INC, is a corporation incorporated on October 13, 1999 under the laws of the State of Pennsylvania having a registered office located at 6520 Carlisle Pike Mechanicsburg PA 17055. 5. It is believed and therefore averred that Thomas Williams and Dorcas Williams were the incorporators for THW, INC. 6. It is believed and therefore averred that THW, INC. was doing business as Bike Line of Mechanicsburg. COUNTI (PLAINTIFF v. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG) 7. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 8. 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 invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 9. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 10. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $13,450.72. 11. 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 May 6, 1999 the total amount of interest due to Plaintiff is $685.43. 12. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from May 6, 1999 on down to the date of judgment in this matter. 13. It is believe and therefore averred that Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $2,544.51. 14. 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 $16,680.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, and cost of suit. COUNT 11 (Alternative to Count I - Unjust Enrichment) 15. Plaintiff incorporates the allegations of every paragraph enumerated, above of this Complaint as if said paragraphs were fully set forth here at length. 16. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 17. At all times 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. 18. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 19. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 20. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $13,450.72. WHEREFORE, Plaintiff demands judgment against the Defendant for $13,450.72 together with the continually accruing interest charge at the statutory rate of 6.00% p_er annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. COUNT III (PLAINTIFF v. THW, INC. individually and trading as BIKE LINE OF MECHANICSBURG) 21. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 22. It is believed and therefore averred that THW, Inc, ratified the contract between Plaintiff and Dorcas Williams and Thomas Williams individually and trading as Bike Line of Mechanicsburg and agreed to be responsible for any debts incurred by the incorporators. 23. 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 invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 24. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 25. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $13,450.72. 26. 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 May 6, 1999 the total amount of interest due to Plaintiff is $685.43. 27. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from May 6, 1999 on down to the date of judgment in this matter. 28. It is believed and therefore averred that Defendant further agreed to pay Plaintiff's reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which total $2,544.51. 29. 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 $16,680.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, and cost of suit. COUNT IV (Alternative to Count III - Unjust Enrichment) 30. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 31. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendant, and the Defendant received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 32. At all times 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. 33. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 34. At all times material hereto, the Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 35. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists b:tween the Plaintiff and the Defendant, and the Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $13,450.72. WHEREFORE, Plaintiff demands judgment against the Defendant for $13,450.72 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. COUNT V (Personal Guaranty) (PLAINTIFF v.THOMAS WILLIAMS) 36. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 37. Defendant, Thomas Williams, hereinafter referred to as "Guarantor executed a written personal guarantee, wherein guarantor personally guaranteed the repayment of any and all extensions of credit Plaintiff would advance to Bike Line of Mechanicsburg, Defendant herein. A copy of the personal guaranty is attached hereto, made a part hereof, and marked Exhibit "B". 38. In reliance upon the written representations, promises and guarantee of the Guarantor, Plaintiff extended credit to Defendant herein, in the amounts indicated in Exhibit "A".. 39. The Plaintiff has made demand against the Defendant/Guarantor, for $16,680.66, but Defendant failed or refused to pay the same or any part thereof. 40. As a result of the aforesaid breach by the Guarantor of its representations, promises and guarantee to repay Plaintiff, Plaintiff has suffered damages in the amount of 16,680.66, together with interest and costs. WHEREFORE, Plaintiff demands judgment against the Defendant/Guarantor for $16,680.66 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from May 6, 1999, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND AS IATES, P.C. By ?v onald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ¦ 73 5 VERIFICATION CITY hereby states that he is the (QO,7 of C'c ?cQ?3e? S? c ?CLCCcxrp&v;- bPlaintiff in this action, and verifies that the _i-v? statements made in the attached Amended Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities. m 1191HX3 r WIND D1Nm? im0 (? i C9 i O 1?j .y [] 1. i rIN meYl O1 i ry?rym ? i ?? I A )OPr i M 1 ? ? D) ?I j1 j O 1 \) i I B flU!V)1 I N aV I xpo ' 1po. 1 pxp N q tDN i NS I C7N i N I I 1 pp 1 x1.1 x N i N +]' i a N i C lD i 1 I ? i 1 i ? 0 1 1 x i er I 1 '1 1 IN ; IN ' ? I 1 1 ' 1 1 ? I M 1 I I ' ? 1 1V N I ?m ? ? ? i? i N 11"IN iQ? 1 rtrtrtlll 1 I A ? DD?? 11//?1 ?1yy pp m ? 1 I ?'? ?1 ? CVN'ryryCNC04?N $O i111r i ' YY?? ?!oT'[j1 1ry(1 ??II r?11 .?yy yo1 ?pp1 ' ?l V I ? 1 ?{1 i 'IN I'11?1VN ?fV l" ' TP 1 y l^ i ? ' 1 L 1 ' 1 1 I 1 I 1 q 1 1 ryryry ((ti??[N?1?(1/O??NfV M?1rDDi ..1100'1 (~VM - ? 333???mel .~1 .'iy 000 d4" r'S2 ZzZZNS. ZZZ7. $. ti I ar Sod. ??.: ?o zzzzzzzzzz>.a.z (GUARANTEE All'Anplicants Must Sign. Gar raittee For valuable consideration received from SPECIALIZED BICYCLE COhIPONENTS, INC., ("Specialized"), the receipt of which is hereby acknowledged by (Customer"), and consideration of present and future sales contracts between Specialized and Customer, the undersigned ,, tt_I_::`.t?i ("Guarantor"), hereby agrees and promises as follows: 5. Notice. Guarantor shall be deemed to hive notice front Spuchd• ized without any further action of 5pecialired, of ,it obligations of Customer, and the amounts and Imam thoreof. and notice of dolmdtm, nonperformance or nonpayment by Coolo tir orally of Its obligations or liabilities under any etlslluy, or (nwrc vuntracts brtwron said Customer and Specialized. Specialized slmll be under no obligntion to proceed against customer prior to exercise of Its rights under tills Agreement. 1. Obligation of Guarantor. Guarantor hereby guaruntees on a con• tinuing basis the prompt and complete performance by Customer of the terms, covenants, and conditions of all present and future con- tracts. written or oral, between Customer and Specialized for the purchase and sales of bicycles, bicycle pars, and/or accessories, or equipment (including rental thereon, or any other merchandise. or the sale of any services and that Customer will pay when due the contract price of any and all goods or services specified I., or delivered under such contracts. Further, upon notice from Specia lined of any default by the Customer under such contracts or any extensiCn thereof, either in the payment of all or part of the contract price, or in the failure to accept delivery under said contracts, or in the failure to pay freight or other charges in accordance with any contract, or upon the failure of customer to observe any other term, covenant, or condition of such contract, guarantor shall unconditionally become liable to Specialized, and shall pay to Specialized in Santa Clara County, California, any amount which Customer is then owing, including without limitation any claim for damages, cost or expenses attributable to failure by Cus• tomer either to accept delivery or to take proper care of merchandise delivered but not accepted for any reason, or for the violation by Customer of any term. covenant or condition of any said contracts. Guarantors obligation shall include the payment of the entire interest or post maturity charges specified in the underlying sales contracts, agreements or Specialized's order acknowledgement forms or such lesser amount computed at the maximum rate Guarantor is permitted to pay under aapplicable law, 2. Extensions of Time and Modifications. The obligations of Guarantor are not in any way released or discharged by reason of any modification or extension of time for performance of any contract or of any term. covenant or condition thereof, or by reason of any extension of time for the payment or the whole or any part of the indebtedness of said Customer, or by reason of the receipt and acceptance by Specialized of notes, bills, checks or other instruments for the payment or money made either by the said Custorner or by any other person or persons, and extensions and renewals thereof. 3. Cessation of Delivery. Specialized shall have the right, without notice to or approval by Guarantor. and without affecting or discharg• ing in whole or in part the liability or Guarantor hereunder. to refuse to deliv,)r further merchandise until Customer fully performs its obligations under contracts then outstanding. 4, Continuing Guaranty. This is a continuing gunranty applicable to all present and / or future contracts between Specialized and Cus• tomer and is applicable to all such contracts until this agreement is terminated by Guarantor through delivery of a written notice of ter. mination to Specialized at its principal office in Santa Clara County. California, but such notice shall be operative only as to subsequent contracts and shall not release Guarantor of its obligation hereunder with respect to sales made and contracts entered into prior to the date that such notice is received by Specialized. WITNESS: 'a%t:; :•.`•• /?lr. .;t!t_t:i. 0. [records. The bntokx of account, poleax, and flat maents mldn• twined by Specialized In Its 1101111111 teams of buelnosx shall be deemed prima facie evidence ul the exiotiwo of 011 Indehlrdness a go trial Custunwr ahd of Iho extend of such lode h t ethane., 7, Acceleration or Liability. All linhilillox of Coolonuhr xhull mntonr immediately and he deauad In deGmll upon III,- rrmpuoinulon ul' Cos. loner, transfer of xubstnnllolly till of the assets tit' Cimlumur, ur Kale of a majority Interest In Cuxtonmr, hoolveney of Customor, the cum. mission of an act of hankmptry by I'11ooloer. 1111) 1111111111%tolent of it receiver for Costumer ur any of Its property, do, fillop ill it vuluntwy ur Involuntary pattiuo hi hankioplry, I el o glad I'll 1,114, m mrnng••tnrnl, Iho making of an aselgmnenl for the bunefil ill ulodllorx, mr the calling of a meeting of ereditou by Cutworm 9. Attorneys' Foos, Should tlmumnn, tiller ftwripl ill written notice from Specialized, tall or delay lit nov way to comply hmnsdlulely in all respects with its oblomilun Itulmo der, and mhonbl moth failure or dully require referral ill nn allautrv lot unl'wcumeul, Ifttnruutor shall pay to Specialized a reasnanblu amount ah dlturneys' lees trod tullection costs, or at the option o(Spuciulited, a specific sum equal d) itfd of the total amount due. provided, however, that the foregoing provision of attorneys' fees mild collo lam C,Wo Is veld where purhibited by applicable Inw, 9. Joint and Several Liability, The tern "Gmromnr" am used herein shall meat all persrms Klgning Ihix uglcumunl, and much prisons, if more then one, shall bu lulnlly and severally liable heruundvr. The liability of one or more G aruutorx slmll not hu conditioned on the signature. acts, or performance it anuthar fluaranlor. This agreement shall he hinding an the Cnanntur and the hairs start personal repro. setativas of the Guarantor. 10. Entire Agreement and I torlrulnllun, This agreement super. series till prior total ur wrillen underhumdhtg, runstiluhfs the entire agreemuut between Gunrantor and Specialized and may not ha changed or amended lit any munnor except by it writing signed by Guarantor anti moiled postage. prepaid in Specialized at its principal ot'lice in Snow Clara Cuunly, Callfmniu, The paragraph captions herein are I'or idenoilication purpuseh only and shall nia he used in construing this ayrerlnunt. Should any term or provision of the agree- ment be held illegal or onenfurceable for any reason, the validity of the remaining pur'tonK shall tail he alfected thereby. The interpretation, validily and performance of this vnlire agreement shall he governed by the haw of the State ,,I' California. IN WITNESS WHl',REOF, Guaruntnt hall signed this agreement this 11 " .?l -day of 19 Owner individually r" Co•Owner individually • EXHIBIT WITNESS: Pore. r cz a d o p p ? i ?? zd w o m m X 5_ p _- z LL u' m .w+ec?u..ow?u•nac?u•nxs?u aw wra ']M'1ngllrnYLLMl.rln9-rn 1c wrnsuua r ?n uvts+w IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., No. 99-2982 Plaintiff VS. DORCAS WILLIAMS, and CIVIL ACTION THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, Defendant(s) ORDER AND NOW, this dal y of 1999, upon consideration of the Preliminary Objections of the Defendants, IT IS HEREBY ORDERED that the Amended Complaint is stricken from the record. The Defendants shall have twenty (20) days from the date of this Order to answer or to otherwise plead to the Complaint. BY THE COURT: J. Interested Parties: Dale E. Lapp, Esq. Lapp & Pontz, LLP 255 Butler Ave., Suite 101 Lancaster, PA 17601 Michael J. Kennedy, Esq. Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., No, 99-2982 Plaintiff VS. DORCAS WILLIAMS, and THOMAS WILLIAMS individually CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG, Defendant(s) PRELIMINARY OBJECTIONS COME NOW Defendants Thomas and Dorcas Williams, by and through their attorneys of record, and file these preliminary objections to the Complaint and Amended Complaint filed in this matter on allegations as follows: 1. Movants are Thomas and Dorcas Williams, husband and wife, Dorcas Williams is a shareholder in a company known as THW, Inc. t/a Bike Line of Mechanicsburg. 2. In or about May of 1999, Plaintiff filed a Complaint in this action against Thomas Williams and Dorcas Williams, alleging that they traded as Bike Line of Mechanicsburg. 3. On or about June 21, 1999, there was filed in this case without leave of Court and without agreement of the defendants, an Amended Complaint. The Amended Complaint purported to name TRW, Inc. as a defendant, and the allegations against the individual defendants were modified in other respects. 4. By reason of the conflicting complaints of record, Defendants are unable to plead. Plaintiff ought to either request leave of Court to file an Amended Complaint and to add a new defendant, or they ought to secure leave of Court to withdraw the Amended Complaint, In either event the defendants ought to be given time to answer or otherwise plead to whichever complaint remains of record. WHEREFORE, Defendants request entry of an Order of this Court in the form proposed. LAPP & PONTZ, LLP Dated: O 3 ' 9R By: G / Dale E. Lapp, Esq. Attorney I.D. No. 32394 Attorneys for Thomas and Dorcas Williams 255 Butler Ave., Suite 101 Lancaster, PA 17601 (717) 396-1200 1) IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., No, 99-2982 Plaintiff vs. DORCAS WILLIAMS, and THOMAS WILLIAMS individually CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG, Defendant(s) CERTIFICATE OF SERVICE The wtdersigned certifies that he did cause of a true and correct copy of the foregoing Preliminary Objections to be served the 23rd day of September, 1999, by.first class mail, postage prepaid, addressed as follows: Michael J. Kennedy, Esq. Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 LAPP & PONTZ, LLP Dated: 3 / 1 By: _ 44A C' . Dale E. Lapp, Esq. Attorney I.D. No. 32394 Attorneys for Thomas and Dorcas Williams 255 Butler Ave., Suite 101 Lancaster, PA 17601 (717) 396-1200 cr O' !f) F UJO . ?2 -- a C\j a_ is 3 ui:7 ?_. 173 i SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG Defendant(s) No. 99-2982 CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Amended Complaint was served via first class mail, postage prepaid on October 12, 1999: Dale Lapp, Esquire Lapp and Pontz, LLP 255 Butler Avenue, Suite 101 LANCASTER PA 17601 AMATO AND MARSi7C,E, P.C. By: ?? Wald Amato ttorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW r o N ?pQ U`d O. z v rn IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., Plaintiff No. 99-2982 vs. DORCAS WILLIAMS, and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG and THW, Inc., Defendant(s) CIVIL ACTION I • Admitted. 2. It is denied that Dorcas Williams ever individually traded as Bike Line of Mechanicsburg. The corporation THW, Inc. did trade as Bike Line of Mechanicsburg and operated a place of business in Mechanicsburg, Pennsylvania. 3. It is denied that Thomas Williams ever individually traded as Bike Line of Mechanicsburg. The corporation THW, Inc, did trade as Bike Line of Mechanicsburg and operated a place of business in Mechanicsburg, Pennsylvania. 4. Denied as stated. THW, Inc. was incorporated under the laws of the Commonwealth of Pennsylvania, but it was incorporated on October 13, 1992. 5• Denied. Dennis J. Shatto was the incorporator of THW, Inc. 6. Admitted. r?( i , Y7s COUNTI1 (PLAINTIFF V. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG) 7• Defendants incorporate the allegations of the preceding Paragraphs the as though r Previous Image Refolimed to Correct Possible Error IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., • No, 99-2982 Plaintiff vs. DORCAS WILLIAMS, and THOMAS WILLIAMS individually CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG and THW, Inc., Defendant(s) Admitted. 2. It is denied that Dorcas Williams ever individually traded as Bike Line of Mechanicsburg. The corporation THW, Inc. did trade as Bike Line of Mechanicsburg and operated a place of business in Mechanicsburg, Pennsylvania. 3. It is denied that Thomas Williams ever individually traded as Bike Line of Mechanicsburg. The corporation THW, Inc. did trade as Bike Line of Mechanicsburg and operated a place of business in Mechanicsburg, Pennsylvania. 4. Denied as stated. THW, Inc. was incorporated under the laws of the Commonwealth of Pennsylvania, but it was incorporated on October 13, 1992. 5. Denied. Dennis J. Shatto was the incorporator of THW, Inc. 6. Admitted. COUNTI (PLAINTIFF v. DORCAS WILLIAMS and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG) Defendants incorporate the allegations of the preceding Paragraphs as though the same were set forth a length. 8. Denied as stated. Defendant TH W, Inc. would have purchased certain goods and merchandise from the Plaintiff. On information and belief the Statement of Account attached as Exhibit A is inaccurate for reasons stated more fully in the New Matter alleged hereinafter. 9. It is denied that the Defendants Thomas and Dorcas Williams agreed to pay Plaintiff any amount for the goods and merchandise. 10. Denied as stated. Defendant THW, Inc. received certain goods for which a balance remains due and owing. The balance is substantially less than the $13,450.72 for which Plaintiff seeks recovery. 1 I. Denied that Plaintiff is entitled to receive interest from these Defendants at any I rate. 12. Denied that Plaintiff is entitled to collect interest from these Defendants at any rate. 13. It is denied that these Defendants agreed to pay to Plaintiff any fees incurred in collection. It is further denied that Plaintiff has been reasonably required to expend attorneys' fees in the amount of $2,544.51. 14. Admitted. WHEREFORE, Defendants Thomas and Dorcas Williams request entry of judgment in their favor and against Plaintiff on Count I. COUNT II (Alternative to Count I - Unjust Enrichment) 15. Defendants incorporate the allegations of the preceding Paragraphs as though the 1) same were set forth a length. 16. Denied that Defendants Thomas and Dorcas Williams received any goods, wares, merchandise or services. The Defendant TI-IW, Inc. did receive goods and services; and is contractually obligated to pay the amount due and owing. The amount due and owing, however, is substantially less than the amount for which Plaintiff seeks recovery. 17. Denied that these Defendants were aware that Plaintiff was providing goods and services for anyone other than THW, Inc. 18. It is admitted that these Defendants were aware that Plaintiff was providing goods to Defendant THW, Inc. for resale to the public. All further allegations are denied. 19. The allegation is a conclusion of law to which no response is required. 20. The allegation is a conclusion of law to which no response is required. WHEREFORE, Defendants Thomas and Dorcas Williams request entry of judgment in their favor and against the Plaintiff on Count II. COUNT III (PLAINTIFF v. THW, INC. individually and trading as BIKE LINE OF MECHANICSBURG) 21. Defendants incorporate the allegations of the preceding Paragraphs as though the same were set forth a length. 22. Denied as stated. Defendant THW, Inc. acquired goods and services from Plaintiff for which it has contractual liability. The amount due and owing is not as claimed by the Plaintiff, however. 23. Admitted that Defendant THW, Inc. procured goods and services. It is further admitted that invoices referred on the Exhibit A accurately reflect certain invoices for which 3 payment remains due and owing. As more fully pleaded in New Matter, there are credits due and owing to Defendant THW, Inc. that reduce the amount owing to Plaintiff. 24. Admitted that there is no dispute as to the reasonableness of the charges. 25. Admitted that goods were received and accepted. It is denied that all proper credits have been granted. 26. Admitted that interest at the legal rate of 6% per annum would appropriately be collected on past due balances. 27. Admitted. 28. It is denied that Defendant agreed to pay a reasonable attorneys' fee for collection, It is further denied that attorneys' fees incurred by Plaintiff total $2,544.51. 29. Admitted. WHEREFORE, Defendant THW, Inc. demands that any judgment against it be entered for an amount substantially less than the amount Plaintiff demands on Count III. COUNT IV (Alternative to Count III - Unjust Enrichment) 30. Defendants incorporate the allegations of the preceding Paragraphs as though the same were set forth a length. 31. Admitted. 32. Admitted. 33. Admitted. 34. Denied as a conclusion of law. 35. Denied as a conclusion of law. 4 WHEREFORE, Defendant THW, Inc. requests entry of judgment in its favor and against the Plaintiff on Count IV. COUNT V (Personal Guaranty) (PLAINTIFF v. THOMAS WILLIAMS) 36. Defendants incorporate the allegations of the preceding Paragraphs as though the same were set forth a length. 37. Admitted that the personal guaranty attached as Exhibit "B" is a true and correct copy of a Guaranty signed and delivered by the Defendant. Further allegations are denied. 38. Admitted on information and belief. 39. It is admitted that Defendant has refused to pay on demand the sum of $16,680.66. It is denied that the balance due and owing to Plaintiff on the THW, Inc. account is $16,680.66. 40. Denied that the amount due and owing to Plaintiff under any guaranty is $16,680.66. WHEREFORE, Defendant Thomas Williams requests entry of judgment in his favor and against the Plaintiff on Count V. NEW MATTER 1. The account debtor is Defendant THW, Inc., a Pennsylvania corporation. 2. The amount for which THW, Inc. is obligated to Plaintiff must be reduced for certain credits to which Defendant THW, Inc. is entitled as a result of warranty and other issues. The amounts of the credits exceed several thousand dollars. 3. Plaintiff has failed to attach any writing or any other agreement whereby the Defendants, or any of them, agreed to pay reasonable attorneys' fees. 5 4. Bike Line of Mechanicsburg is a fictitious name registered by THW, Inc., a Pennsylvania corporation. 5. Plaintiffs' own credit documentation (not attached) confirms the fact that it was dealing with a corporate obligor. WHEREFORE, Defendants request entry of judgment in favor of Defendants Thomas and Dorcas Williams on all counts; and requests that any judgment entered against the Defendant THW, Inc. be limited to the amount due and owing based on the application of law credits. LAPP & PONTZ, LLP Dated: October 16. 1999 By: f ale E. Lapp, Esq. Attorney I.D. No. 32394 Attorneys for Defendants 255 Butler Ave., Suite 101 Lancaster, PA 17601 (717) 396-1200 VERIFICATION The undersigned, on behalf of himself, Dorcas Williams and the corporation, TIJW, Inc., verifies that I am authorized to execute this Verification, and that the facts set forth in the foregoing Answer with New Matter to Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dated: --- Tho illiams IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., Plaintiff No. 99-2982 VS. DORCAS WILLIAMS, and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG and THW, Inc., Defendant(s) CIVIL ACTION CERTIFICATE OF SERVICE The undersigned certifies that he did cause of a true and correct copy of the foregoing Answer With New Matter to Amended Complaint to be served the 19th day of October, 1999, by first class mail, postage prepaid, addressed as follows: Ronald Amato, Esq. Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 Dated: October 19. 1999 LAPP & PONTZ, LLP e By: L, L . Dale E. Lapp, Esq. Attorney I.D. No. 32394 Attorneys for Defendants 255 Butler Ave., Suite 101 Lancaster, PA 17601 (717) 396-1200 cl. ws. P ? r. O <!1 .;. u. N vjw F• O 11-13- U- 0 cn r IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., Plaintiff No. 99-2982 VS. DORCAS WILLIAMS, and THOMAS WILLIAMS individually and trading as BIKE LINE OF MECHANICSBURG, Defendant(s) CIVIL ACTION PRAECIPE TO THE PROTHONOTARY: Please withdraw the Preliminary Objections of the Defendants filed in the captioned matter on or about September 24, 1999. LAPP & PONTZ, LLP Dated; October 18. 1999 By: ?l Dale E. Lapp, Esq. Attorney I.D. No. 32394 Attorneys for Thomas and Dorcas Williams 255 Butler Ave., Suite 101 Lancaster, PA 17601 (717) 396-1200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC., No. 99-2982 Plaintiff VS. DORCAS WILLIAMS, and THOMAS WILLIAMS individually CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG, Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that he did cause of a true and correct copy of the foregoing Praecipe to be served the 18th day of October, 1999, by first class mail, postage prepaid, addressed as follows: Ronald Amato, Esq. Amato and Associates, P.C. 107 North Commerce Way Bethlehem, PA 18017 LAPP & PONTZ, LLP Dated: October 18. 1999 By: Dale E. Lapp, Esq. Attorney I.D. No. 32394 Attorneys for Thomas and Dorcas 12 Williams 255 Butler Ave., Suite 101 Lancaster, PA 17601 (717) 396-1200 ti N ?' L?O N i ?y rSi C_l? In 1{ 0 Ll u_ R m U w COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff No. 99-2982 VS. DORCAS WILLIAMS and THOMAS WILLIAMS Individually CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG and THW, INC. Defendant(s) PLAINTIFF'S REPLY TO NEW MATTER 1. Denied. The account debtor is Dorcas Williams, Thomas Williams, Bike Line of Mechanicsburg and THW, Inc. 2. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. Denied that Defendant's are due any credit due to any warranty issues. 3. Denied. Plaintiff has attached the Guarantee agreement which allows for the collection of attorney's fees. 4. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 5. Denied. Plaintiff's credit information indicates that Thomas and Dorcas Williams are the owners of Bike Line of Mechanicsburg. WHEREFORE, Plaintiff requests Your Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer of the Complaint. AMATO AND M LE, P.C. By: . 7 (? Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866.0400 11/05/1999 10:59 805-522-5672 CRS PAGE 03 VERIFICATION ?j CLyy\ 1P?A'6LW-\S , hereby states that he/she is the rC'sil of SPECIALIZED BICYCLE COMPONENTS, INC., Plaintiff in this action, and verifies that the statements made in the attached Reply to New Matter are true and correct to the beat of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of is PA C.S. Section 4904 relating to unworn falsification to authorities. COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SPECIALIZED BICYCLE COMPONENTS, INC. Plaintiff No. 99-2982 VS. DORCAS WILLIAMS and THOMAS WILLIAMS individually CIVIL ACTION and trading as BIKE LINE OF MECHANICSBURG AND TRIM INC. Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Reply to New Matter was served via first class mail, postage prepaid on November 18, 1999: Dale Lapp, Esquire Lapp and Pontz, LLP 255 Butler Avenue, Suite 101 LANCASTER PA 17601 AMATO AND MARGLE, P.C. By: Ronald Amato Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ti Lr) 171 Y ILL .. C.. CrN c-, U Q a 3 W U n U Q w O g d l 0 3 °z O w ° c° a x e s p w p 2 I L I m LLM9YL0•AD9YU0•lf Oll9•M LYIId 'ON Mtl?1 ,NlI'I?NOUVNYLN? ?4Y'?61T IO NOKVK V 1Y9T LYli TY LAW OFFICES AMATO AND MARGLE, PC. 107 NORTH COMMERCE WAY BETHLEHEM. PA 18017-8930