The URL can be used to link to this page

Home My WebLink About99-05515J ?V I h L ry ? F .r1 (Av § r S p: L i a 'a7? !dry l A. ,w. r;?s }1 p?uxo ! u. t ?. 7 i Y. xy y ?b{t t` k. 1 pI ?yyi4 kt' xv fu.?yL r fa 4 ?tti+ ?y t 4 ! S?N. 1 l 3 b; ?5?a1 {?1y1 3Ay? l; s. .a Az ?,yti SHERIFF'S RETURN - REGULAR CASE NO: 1999-05515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GENTRY FURNITURE INDUSTRIES VS. FURNITURE AND MATTRESS DISCOUN SHANNON SUNDAY , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon FURNITURE AND MATTRESS DISCOUNTERS INC the defendant, at 11:55 HOURS, on the 13th day of September 1999 at 2202 GETTYSBURG ROAD CAMP HILL, PA 17011 CUMBERLAND County, Pennsylvania, by handing to ROBERT BENDER (MANAGER) a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Affidavit 9.00 Surcharge 8.00 1?Ih?mS Ktin?; Sfi€ i , 2 P4/1999DAK by ?eNtammml ? . - Sworn and subscribed before me this /'f °_" day of 19 gq A.D. GENTRY FURNITURE INDUSTRIES Plaintiff V. FURNITURE & MATTRESS DISCOUNTERS, INC. Defendant In the Court of COMMON PLEAS of CUMBERLAND County 99-sr4s NO. 995518 Civil PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter as settled and discontinued with prejudice. TO Cumberland County Prothonotary Dated: February 25. 2000 Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 ?-D ,_ s GENTRY FURNITURE INDUSTRIES Plaintiff V. FURNITURE AND MATTRESS DISCOUNTERS, INC. Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. qq - 66 v : CIVIL DIVISION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 AN 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 HA A LAWYER OR CANNOT AFFORD ONE. GO TO OR TEL .PHON THE OFFICE SST FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 GENTRY FURNITURE INDUSTRIES : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. FURNITURE AND MATTRESS CIVIL DIVISION - LAW DISCOUNTERS, INC. Defendant COMPLAINT The Plaintiff, GENTRY FURNITURE INDUSTRIES, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of SIX THOUSAND, ONE HUNDRED AND SEVENTY-THREE DOLLARS AND EIGHTY CENTS ($6,173.80), along with costs of this suit and interest thereon from April 27, 1999 upon a cause of action of which the following is a statement: 1. The Plaintiff, GENTRY FURNITURE INDUSTRIES, is a corporation organized and existing under the laws of the State of Mississippi, having its principal office and place of business at 15900 Hwy. 15, Ripley, Mississippi, 38663. 2. The Defendant, FURNITURE AND MATTRESS DISCOUNTERS, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and. place of business at 2202 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs Invoices hereto attached, made a part hereof and marked Exhibit "A", Plaintiff, at the F:\USER\KATHY\CMPLAINT\25353. MAT instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of SIX THOUSAND, ONE HUNDRED AND SEVENTY-THREE DOLLARS AND EIGHTY CENTS ($6,173.80). 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay Plaintiff therefor as per the Letter of Acknowledgment of Debt sent to Plaintiff hereto attached, made a part hereof and marked as Exhibit I'll". 5. The balance due and owing by Defendant to Plaintiff is the sum of SIX THOUSAND, ONE HUNDRED AND SEVENTY-THREE DOLLARS AND EIGHTY CENTS (S6,173.80), as appears by the Statement of Account and Affidavit of Claim hereto attached, made a part hereof and marked as Exhibit "C" and Exhibit "D". 6. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part thereof. F:\USER\KATHY\CMPLAINT\25353.MAT2 .. 1. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of SIX THOUSAND, ONE HUNDRED AND SEVENTY-THREE DOLLARS AND EIGHTY CENTS ($6,173.80), along with costs of this suit and interest thereon from April 27, 1999. Respectfully submitted, KNUPP7K DAK & IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\KATHY\CMPLAINT\25353.MAT3 JUN-23-99 WED 04 08 AM GENTRY FAX NO. 6018373990 P. 04 i r INVOICF ' tipentry r ^s - } COMPETE . yr 4 r ' ' PWbY NS90E6i r _r.. (6011 6T73071 MASS TRAILER H •801 113-46 ' (- FURN TURE & ATTRESS DISC FURNITURE a KATTRESS DISC I M c FURNITURE sa & MATTRESS DISC _... swr ''FURNITURE'&_ MATTRESS. ,DISC „ . x:02 GETTY BURO ROAD -;'.?302 8ETTYBLR6.'ROAD TO i CAflPHILL, PA l"ll J TO L CAMPHILC PA17011 Tre ..ct an nev< h1490 - 012999 `JEN NINGS 4/ 27/199 4/2711 9 98407-A •161490--00-? 686-37 11. 1 LRLS 3308-8 . :. 1 2 RWWC 686-Li;K IL .3308-8 2 -309.99 S RA60 686-B2P 11. 3308-8 2 259.99 519-98 ? LSSP 810-94,V 33 3645-e_ 3643-C 3E 420.99 841x.96 5 WEDG 810-76 33 3645-8 36433-8 2 175.99 351.98 6 I RA60 1810-BAP ; 33 3645-8 3643-8 2 282.99 565.98 7 i LSEC 506-13 33 ,3"'503-B x306-9 2 204.00 '408.00 8 i RSEC 506-14, 33 3303-8. 53069 2 204.00 408.00 i LARL 700-31, 25 61-2 2301-2 1 469.99 469.99 10 + WEDO 700-7e. 23 61-2- 2301-2 1 229.99 229.99 11 RA60 700-SOP 25 i ' 6i-2 7301-2 1 399.99 399.99 ' LH TOTAL 5. 395_851K . FmlV E 777.95 ACCUUNTINU INVOIC. EXHIBIT A :¦ v.AS fTYIPY Vn 089.V1 91004 .;.?? •._ .. INVOICE ??re FmnNaRlndmtfa :-C OMPL.ETE .:. s.3' P. 0. sex 310. _ . Ls ... Ripley. MS 386M leat)m»ort MASS _ •?-;.+?:-: TRAILER 0 85i 113"FURNITURE & MATTRESS DISC r FURNITURE do MATTRESS DISC Seen FURNITURE & MATTRESS DISC sRIP 'FURNITURE & MATTRESS DISC TO _ 2202 GETTYBURG ROAD TO 2202 GETTYSURG ROAD_ L_ CA7'IPHZLL, PA 17x.11 J L CAMFHILL, PA 17011 .. 30 C. I. _ TER CYSIO?4 ?.0. r.o, cut1, pEPf. nD. ILwt6u?w I - I i i i i INVOICE MS - .v wre eti wo. - . 1 6 e 173. BOttK ACCOUN'ING INVOICE 08/22,90 TOR 14:05 (T\-RY NO 96981 ((T00J Jun-30-99 03:24P Discount King 717 737 8433 P,02 June 29, 1999 Furniture & Mattress Discounters 2202 Gettysburg Road Camp Hill, PA 17011 Gentry Credit Manager: We received a threatening letter from your company's attorney today. Your attorney also telephoned last week and harassed one of our salesmen, who were waiting on a customer. Therefore, I chose to contact you rather than paying our attorney to contact your attorney. 1 assume Lisa, who handles the accounts payable, dropped the ball. Lisa is now working only part time because of our current situation. For the past four months, our business has been off approximately 70%. This is due to the road construction immediately in front of our store I believe 1 have arrived at an amiable solution. I will pay this balance in three payments, over the next ninety days. The first payment will be sent out July 12. The second payment will be mailed out August 12, and the third and final payment will be mailed September 12. Construction should end the first week in August. I am hopeful that this is an acceptable plan of action, because there is no "Plan B" for us. As 1 stated earlier, 1 would rather riot pay my attorney to convey what I believe is my only option. I will be back in the office July 7,1999. 1 look forivard to your fax of confirmation. Sincerely, Robert J. Bender President Fumiture & Mattress Discounters EXHIBIT B JUN-23-99 WED 04:07 AM GENFRY GFI ACCOUNT WITH FURN a MATTRESS DISC. A/C 113446 FAX NO, 6018313990 V. 02 INVOICE INVOICE INVOICE NUMBER DATE AMOUNT 161490-00 4/27/99 6,173.80 POD PROVIDED TOTAL DUE 6,173.80 EXHIBIT C 06/22/99 TUE 18:05 [TX/RX NO 90981 Q002 09/24/99 TUE 19:52 TEL 1 802 451 2215 WILLIAMS k WILLIAMS INC QI 002 AFFIDAVIT OF CLAIM STATE OF MISSISSIPPI COUNTY OF TIPPAH ) I CHARLES H. HEROD , (Name) ACCOUNTING MANAGER Of (r*) GFI (Gentry) a 00 Corporation ? Partnership ? Proprietorship ), located at 15900 HwY 15, RIPLEY,MS 38663 on oath state(s) there is now due to ryT (ren",z) from FURNITURE & MATTRESS DISC., CAMPHILL,PA 17011 the sum of SIX THOUSAND,ONE HUNDRED,SEVENTY THREE AND 80/00 (S 6,173.80 ) and that no part thereof has been paid or satisfied and there are no known set-oft's or counterclaims. ?r"w SUBSCRIBED AND SWORN to before me Sigulurc this AS day of NOTARY MIRLIC bTATE 6taB5l.Pc LAR My rnw.,..cc..... .,....._ OW, EXHIBIT D VERIFICATION ROBERT D. KODAK, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein and that, as attorney and agent for the Plaintiff, he has sufficient knowledge based upon information received from others concerning the contents of the within document to make this verification; and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and betieE He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Robert D. Kodak, Esquire Attorney and Agent for Plaintiff Dated: F:\USER\KATHY\CMPLAINT\25353. MAT r) C/I ? rc'1 O ? h U ' d d :2 ° i ' : l e z 0 16 4 ? ? -t ! m