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Home My WebLink About99-05099 i t1i t u a p, e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CENTURY BUSINESS CREDIT CORP., ???? ?X///1 Assignee of ADRIANNA PAPELL r ?JW-`-'?J Plaintiff No. -! y _ SL7 Vs. COMPLAINT WILLIAM B. GOETZ, III, individually and trading and doing business as THE NEW ENGLANDER Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: ROBERT S. BERNSTEIN, ESQUIRE PA I.D. #34308 EDWARD G. BRANDENSTEIN, ESQUIRE PA I.D. #73672 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 BERNSTEIN FILE NO. H0010864 DIRECT DIAL: (412) 456-8138 08640503 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CUUNTY, PENNSYLVANIA CIVIL DIVISION CENTURY BUSINESS CREDIT CORP., Assignee of ADRIANNE PAPELL Plaintiff vs. Civil Action No. 99. 3b,79 (t,4,a -4, WILLIAM B. GOETZ, III, individually and trading and doing business as THE NEW ENGLANDER Defendant NOTICE AND COMPLAINT 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 twenty (20) days after this Complaint and Notice are served upon you, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court, without further notice, for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO 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, CUMBERLAND COUNTY BAR ASSOCIATION Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 (1-800) 990-9108 08640503 J COMPLAINT 1. Plaintiff is a Corporation whose address is New York, New York and, as the assignee of the rights of Adrianna Papell, stands in its assignor's stead, and both are hereinafter referred to interchangeably as --Plaintiff". 2. Defendant is an individual engaged in business at 326 South 10th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On various dates, at the specific instance and request of the Defendant, Plaintiff sold and delivered to Defendant various Goods, wares, and Merchandise at the times, in the amounts, and for the prices, as more specifically set forth on the Plaintiff's print out invoices, of which a true and correct copy of the material portion thereof is attached hereto, marked Exhibit --1", and made a part hereof. 4. Defendant received and accepted the aforementioned goods, wares and merchandise. 5. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 6. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 08640503 7. Plaintiff avers that the balance due amounts to $2,907.91. 8. Plaintiff claims legal interest as damages on the liquidated debt from December 14, 1997. 9. Plaintiff avers that interest amounts to $247.17 to May 14, 1999. 10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendants, jointly and severally, in the amount of $3,155.08, with continuing legal interest thereon at the rate of 1/2V per month and costs. BERNSTEIN BERNSTEIN KRAWEC & WYMARD, P.C. By ttorney for Plai tiff(s) 1133 Penn Avenue Pittsburgh, PA 15222 BERNSTEIN FILE NO. HOO10864 (412) 456-8100 08640507 rnun .nun:ruwvn rnrc?? ?.,. ?? 1NV N: XID tr ORD N: .40264-02 Blllloe U0029. Kf,N ENGLANDER N6 SDUTH 1DTH STREET PA 17043 ,Inv Date 1214/97 Shp Date 11/14/97 Ship To: NEW ENGLANDER 32A SOUTH 10TH STREET P.O. N: 02185 Vie: ),f 1C 4pS MANUAL Mcr: 270.00 3 3 Dept N: Pro N: 10851747 „ fob: %WHI rrt: 3.07 3 S Tenet: IL NET 10 EOM HCIA Bol N: 0851742 Ctn: 1 Tex: 0.00 3 3 DIV: 21 ADRIANNA PAPeLI, raccor:024390 WS[: 5.30 Tot: 273,82 } 1 SIMI N: MON NO REGIONAL SAL ComM: 0. 0 3 Sint N: MD NARC DOLGOW Comm2: 0.0 j 3 STYLE COLOR ORD fhhhl....kw ___________________ SHP PRICE _____________. GROSS DISC ENTCNSION 3 _ U3 a 31T,D 0 OLS 6 45.00 270.00 0.00 270.On 33 33 3 33 Ls f;DDDDDDODDDDDODDDDUDQDUDDDODODDDDDODDDDDODDODDDOODOODDDDDDDDDDDDDDDDDD (EOf) DYY Select To View More Details; r62Commonte: F7=Mlcc. CherOes E '?I ?. rKUM :wun:wNrvw Ww ht L NJ W INV 0: 897902.091) 11: 40264.01 0111 To; 140070 NEW ENGLANDER 326 SOUTH 10TH STREET PA 17043 u<.eaoooa a?eo,oe-aa ac.avr?? nwa r.w lhv Date 11/13/97 Shy Dote 11113/9 Ship To: HrW CNGLANDER 2 SOU .19TH STREET P.O. N: 02105 Via: 1fUP WPS MANUAL .,, Mar: R43.0 3, 0 3 3 Dept N: _ Pro N: 10851746 Fob: %6111 Frt: 7199 3 Terul IL NET 10 EOM FC1K So, N:.,,,_0 Ctn: 1 Tax: 0.00 3 1 01V1 ADRIANNA PAPELL Factcr:024390 Wpt: 4.20 Tot: :78 Q,99 3 SIMI N: NON NO RF.OIONAI SAI COW 0.0 3 s} 314 N: L MARC DOI WW Cow?.: 0.0 3 STYIF COLOR ORD SHP PRICE GROSS DISC EXTENSION S 1 03 5 33108 0 OLK 5 5 45.00 225.00 0,00 225.00 31 03 2 30256 0 OLK 1. 6 13.00 76.00 0.00 78.00 L3 3 03 3 31702 0 OLK 4 4 45.00 100.00 0.00 100.00 33 3 33 S 33 ODDDDDDDDDDDDDDDDDDDDQpOyDDDQDp,Q,DDDDDDDODDDDDDDDDODDDODDDDDDDDODODOODD (FOF) YY Select To View Moro Details; WCosmento; F7-mIsc. CharOae rnuri : Ha,rrt i Fuvrvr: r?+re?? rv? , ? , 1NV'0: 892980 DRD M: 40265.01 Bit( Tot 140020 NEW ENGLANDER 320 SOUTH 10TH STREET LEMOYNE PA 17043 InV Date 11/13197 Shp Date 11113/97 Ship To: NEW ENGLANDER 23 6 SSOUIN.. 1018 STREET LEMOYNE _, , PA 17043 } P.O. N: 0218S Vie: NUP UPS MANUAL Her: Balm 3 } Dept N: _ Pro N: 10851746 Fob: WHI Fri: 7.40 3 } UrmS: 1L NET 10 EOM FCTR 001 N: 0 Ctn: 1 lax: _ 0.00 } } DIV: 45 8,P• Lip Factor:024400 Wgta 19.20 Tot: 878.41 3 } Slmt N: NON NO, RCGIONAL SAL COWU 0.0 3 3 Slat k: ND NARC DOLGO{1 Ceara. _0.0 } 3 STYIF COLOR ORD SNP PRICE GROSS DISC EXTENSION 3 D D DDDDODDDDODDDDDDDDDODDDDDODDDDDDDDDDODDDDDDDDDDDDDDDDDDDDODDDODDDODODD077 3 4 32113 0 2...., 2, 97,OQ _194.00 0.00 194.01 33 } 05 4 38016 0 OLK 3 3 82.00 246.00 0.00 746.00 33 } 05 4 56566 0 CIIO&.*t?3 (3,) 59.00 177.00 0.00 177.00 3S 3 OS 4 36524 0 ROL 3 3 fA.00 704.00 0.00 204.00 33 } 33 3 N 0_ iDDOODDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDDODODDDDODDDDODDDDDDDDDDDDDDDDDD (00 UYY Select To View More Dow is; r6=Commcnts; F7=Mice. Charges INV •BS301 RD 0: 40197-01 Slit To: 140020 NEW ENGLANDER 326 SOUTH 10TH STREET Inv Date 11/13197 Shp Date 11/13/97 Ship To: NEW ENGLANDER 326 SOUTH 10TH STREET LEMOYNE fA 17043 LEMOYNE PA 17043 2D000DOODODDDODOODODDODDDDODDDDDDDODODDDDDODODOOODDDOODDDDODDDDDDDDDDODDDDDDDDDT 3 P.O. 0: 02194 Via: XUP UPS MANUAL Her: 946.00 3 3 Dept S: _ Pro p: 10851746 Fob: XWHI Frt: 8.70 3 3 Terms: M NET 10 EOM FCTR Bol k: 0 Ctn: 1 TeX: 3 3_ Div: 01 ADRIANNA PAPELL Factor:035000 Wgt: 27.45 Tot: 954.70 3 3 SIMI R: NON NO REGIONAL SAL Coenl: 0.0 3 SW p: MD MARC DOLGOW Cwr2: 0.0 3 3 STYLE COLOR ORD SHP PRICE GROSS DISC EXTENSION 3 3 01 4 11268 0 AUB- 1 1 53.00 53.00 0.00 53.00 33 1 01 5 11430 0 BLV 3 3 41.00 123.00 0.00 123.00 33 3 01 4 11296 0 DSA 3 2 59.00 118.00 0.00 118.00 33 3 01 4 11294 0 BIM 3 3 47.00 141.00 0.00 141.00 33 3 01 5 11425 0 BRJ 3 3 41.00 123.00 0.00 123.00 33 ODDDDDDODOOOODODODOODDODODODDOODDDDODODDODDDDOODDODDOODDDODOODDDDOODDD (More) YY Select To View More Details; F6=Comments; F7=Misc. Charges VERIFICATION I, L?nI T AS [.OFF , do state, subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities that the information set forth in the foregoing COMPLAINT is true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification on behalf of ??c (r ?{ Ru5 i YIkSS ?yc?G{(t?py? . the Plaintiff herein, because of my position as SENIOR MICE TRESOENT . BY:?I I` U + \ r u.- iL rrr' N CN • C' J F `n r v? ri I l` ^ ?r, i : .` r.. i??. C ? .? r; ?.: M L_?., ? . ! /- _ 4 J l,? l%; ? C:1 C:', = J (? CENTURY BUSINESS CREDIT CORP., : IN THE COURT OF COMMON PLEAS OF Assignee ofADRIANNA PAPELL : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 99-5099 CIVIL TERM WILLIAM B. GOETZ III, individually and trading and doing business as THE NEW ENGLANDER, : CIVIL ACTION - LAW Defendant ANSWER WITH NEW MATTER 1. Denied. After reasonable investigation Defendant is without information sufficient to form a belief as to the truth of the allegation that Plaintiff is the assignee of Adrianna Papell, and proof thereof is demanded at trial. 2. Admitted. 3. Denied. The documents marked as Plaintiffs Exhibit 1 are not copies of the actual invoices in question; rather, they appear to be some internal document utilized by Plaintiff. Furthermore, Defendant denies any implication in this paragraph that the merchandise delivered by Plaintiff was as ordered by Defendant. 4. Denied. Defendant returned part of the merchandise on or about December 2, 1997, 1 and Defendant requested permission to return another portion of the goods but Plaintiff denied this request. The reason for Defendant's non acceptance of these goods was that there was no consistency in sizes, that some goods were damaged, and that the same goods were being sold in competitors' stores for less than "wholesale" prices. 5. Denied. Defendant noted that these goods were being sold in department stores for prices below "wholesale". Defendant believes and therefore avers that Plaintiff sold the goods to these stores at much lower prices than the prices it charged Defendant, and the higher prices charged to Defendant cannot be characterized as "fair, reasonable and market". Supra. 6. Denied. See Defendant's responses to the allegations contained in Paragraphs 4 and 5, 7. Denied. The balance due on the goods that Defendant accepted, i.e., the only goods that were conforming, is not in excess of $1000.00. 8. Denied. Defendant does not recall signing any documents by which interest could be collected prior to judgment. 9. Denied. Defendant owes no interest to Plaintiff unless and until a judgment is entered against him. 10. Denied. Plaintiff Century Business has not contacted Defendant on repeated occasions, and Defendant has rightly refused to pay the claim for the reasons cited in preceding paragraphs. NEW MATTER 11. Enforcement of the alleged contract in question is barred by the Statute of Frauds contained in the Uniform Commercial Code. WHEREFORE, Defendant demands that judgment be entered in his favor and against Plaintiff. Respectfully submitted, Stephen B. Lipson Counsel for Defendant William B. Goetz, III 501 S. Hanover Street Carlisle, PA 17013 (717) 249-3929 VERIFICATION I verify that the statements made in this Answer are true and correct to my personal knowledge. 1 understand that any false statements herein are made subject to the penalties of 18 Pennsylvania C.S. §4904, relating to unswom falsification to authorities. Dated: 45 S Defendant, William B. Goetz, 111 CENTURY BUSINESS CREDIT CORP., : IN THE COURT OF COMMON PLEAS OF Assignee of ADRIANNA PAPELL : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 99-5099 CIVIL TERM WILLIAM B. GOETZ III, individually and trading and doing business as THE NEW ENGLANDER, : CIVIL ACTION - LAW Defendant PROOF OF SERVICE Stephen B. Lipson, counsel for Defendant William B. Goetz, III, hereby certifies that he has, this N/ day of September, 1999 served a true and correct copy of Defendant William B. Goetz, III's Answer With New Matter upon Plaintiff by mailing it by first class mail, postage prepaid to Plaintiffs counsel of record, Edward G. Brandenstein, Esq., at the following address: Bernstein Bernstein Krawee & Wymard, P.C. 1133 Penn Avenue Pittsburgh, PA 15222 Dated: September 4 1999 1/'. _--- Stephen B. Lipson Counsel for Defendant, William B. Goetz, III 501 S. Hanover Street Carlisle, PA 17013 (717) 249-3929 CASE-NO: 1999-05099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTURY BUSINESS CREDIT CORP VS. GOETZ WILLIAM B ET AL KATHY CLARKE Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon GOETZ WILLIAM B III the defendant, at 15:00 HOURS, on the 25th day of August 1999 at 326 SOUTH 10TH STREET LEMOYNE, PA 17043 CUMBERLAND County, Pennsylvania, by handing to EMMA DENNIS (ADULT IN CHARGE) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 8.00 Aifoma^? ane 0ERNSTE999 BERNSTEIN & KRAWEC by / / k, V?l y eri Sworn and subscribed to before me this _21,_r' day of 19 A.D. SHERIFF'S RETURN - REGULAR CASE NO: 1999-05099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTURY BUSINESS CREDIT CORP VS. GOETZ WILLIAM B ET AL KATHY CLARKE Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon GOETZ WILLIAM B T/D/B/A NEW ENGLANDER (THE) the defendant, at 15:00 HOURS, on the 25th day of August 1999 at 326 SOUTH 10TH ST LEMOYNE, PA 17043 CUMBERLAND County, Pennsylvania, by handing to EMMA DENNIS a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers` Docketing 6.00 = Service Affidavit .00 r Surcharge 8.00 R?f'omas ine, erir $14. UO-BE NSTEIN, BERNSTEIN & KRAWEC 08/26/1999 by ?yla-.`LLL u ySeri Sworn and subscribed to before me this o!41'- day of 199q A.D./ ?o ono ary?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CENTURY BUSINESS CREDIT CORP., Assignee Of ADRIANNA PAPELL Plaintiff(s) No. 99-5099 VS. REPLY TO NEW MATTER WILLIAM B. GOETZ, III, individually and doing business as THE NEW ENGLANDER Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: CAROL E. BECKER, ESQUIRE PA I.D. #77532 NICHOLAS D. KRAWEC, ESQUIRE PA I.D. #38527 Bernstein Bernstein Krawec & Wymard, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 DIRECT DIAL: (412) 456-8115 BERNSTEIN FILE NO. H0010864 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CENTURY BUSINESS CREDIT CORP., Assignee of ADRIANNA PAPELL Plaintiff Vs. Civil Action No. 99-5099 WILLIAM B. GOETZ, III, individually and doing business as THE NEW ENGLANDER Defendant REPLY TO NEW NATTER AND NOW comes Plaintiff, by counsel, Bernstein Bernstein Krawec and Wymard, P.C. and files the within Reply to New Matter. 11. The allegation contained in paragraph 11 of the Defendant's New Matter is a legal conclusion to which no response is required. To the extent the allegation is deemed an allegation of fact, the allegation is specifically denied and specific proof of the facts and circumstances to support the allegation that the contract in question is barred by the Statute of Frauds is demanded. WHEREFORE, Plaintiff requests this Honorable Court dismiss the Defendant's New Matter with Prejudice and enter Judgment in favor of Plaintiff upon its Complaint in the amount of $3,155.08 plus continuing legal interest thereon at the rate of 1/2 t per month and costs. BERNSTEIN BERNSTEIN RRAWEC AND WYMARD, P.C. By: Carol E. Becker Attorney for Plaintiff 1133 Penn Ave. Pittsburgh, PA 15222 (412) 456-8115 BERNSTEIN FILE NO. H0010864 VERIFICATION I, Carol E. Becker, Esquire, hereby verify that I am an attorney for the Plaintiff, authorized to make this verification; that I make this verification because the Plaintiff is located outside the jurisdiction of this Court and time is of the essence in the filing of this pleading, that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information, and belief. I understand that this verification is made subject to the penalties of 18 PA C.S.A. S 4904 relating to unsswworn falsification to authorities. /1 /( Date: ./°c k /C ?Jp / ! _'! Carol E. Becker, Esquire CERTIFICATE OF SERVICE I, hereby certify that a true and correct copy of Plaintiff Ia Reply to New Matter was served on the following by regular U. S. Mail, postage prepaid, thisp?_ Aday of September, 1999, addressed as follows: Stephen E. Lipson, Esquire 501 S. Hanover Street Carlisle, PA 17013 Q ? LL.. CL ..1 J b: U c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CENTURY BUSINESS CREDIT CORP., CIVIL DIVISION Assignee of ADRIANNA PAPELL Plaintiff(s) No. 99-5099 vs. PRAECIPE TO SETTLE, DISCONTINUE, AND END WILLIAM B. GOETZ, III, individually and doing business as THE NEW ENGLANDER Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA I.D. #38527 Bernstein Law Firm, P.C. Firm #718 1133 Penn Avenue Pittsburgh, PA 15222 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. H0010864 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CENTURY BUSINESS CREDIT CORP., Assignee of ADRIANNA PAPELL Plaintiff VS. Civil Action No. 99-5099 WILLIAM B. GOETZ, III, individually and doing business as THE NEW ENGLANDER Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Settle, discontinue and end the above-captioned matter upon the records of the Court and mark the costa paid. Sworn to and sub cri ed before thir - dy of A. 2000 '707, ,Dr t? Notary Public Not" saw Od M. Cooper, Notary Public MY o. E rest 82b 18.2004 M3t0aFffrqMrft4MxdM*&h" BERNSTEIN BERNSTEIN KRAWEC & WYMARD, P.C. BXorney A orPlaintiff 1133 Penn Avenue Pittsburgh, PA 15222 (412) 456-8100 N U ?Lr T- 7 iy -?•? =1 ?, ? Y??ry ?i l'.. ) o -' z 4 l.i O