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Home My WebLink About99-06013 O .°J 1 _I (..] ^J Nl? 11 !1r ? L' l11 U ? ` W H z z rn z A? En N U O 94 W H L P4 w C M N U D 3 [9 C W C M [r cu L H p . w Z d CD 10 ¢ w ¢ u b O O .7 U '-I H W r-1 U w O p & z H z z P a O E. U d d z m F (A ?J N z U a 5 0 axwuor W.aurc non ssricrn MASON NORTON COMPANY, INC., Plaintiff Vs. WOLPERT ASSOCIATES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. qq 4,013 &? 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 e Floor Cumberland County Courthouse Carlisle, PA. 17013 -- (717) 240-6200 NOTICIA Le han demandado a usted an la corte. Si usted quiere defenderse de estas damandas expuastas an las paginas siguientes, usted tiene viente (20) dies de plazo al partir de la fecha de la demands y Is notification. Usted debe presenter una apariencia escrita o an persona o por abogado y archivar an Is corte an forma escrita sus defenses o sus objeciones a las demandas an contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notifcacion y por cualquier queja o alivio qua as pedido an Is petition de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: Court Administrator 41h Floor Cumberland County Courthouse Carlisle, PA. 17013 -- (717) 240-6200 MASON NORTON COMPANY, INC., Plaintiff VS. WOLPERT ASSOCIATES, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. COMPLAINT 1. The Plaintiff is Mason-Norton Company, Inc., a Pennsylvania corporation, with an address of 310 South Tenth Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Wolpert Associates, Inc. (hereinafter Wolpert), is an entity duly organized and existing under the laws of he Commonwealth of Pennsylvania, with an address of 114 South Fulton Street, Strasburg, Pennsylvania 17579 3. On or about January 18, 1999, Plaintiff and Defendant Wolpert entered into an agreement for the purchase and delivery of certain items, as more fully set forth and described on the quotation prepared by the Plaintiff on January 12, 1999, which is attached hereto as Exhibit "A", which quotation was agreed to in writing by the Defendant on January 18, 1999 , a copy which is attached hereto as Exhibit "B". 4. The items were shipped and delivered by the Plaintiff to the Defendant Wolpert, and final payment was due and owing 30 days thereafter, pursuant to the terms and conditions of the parties' contract. 5. The Plaintiff billed the Defendant Wolpert for the full amount of the of the items, after delivery, as stated on the invoices, a copy of which is attached as Exhibit "C". 6. Pursuant to the terms of the contract, interest accrued at the rate of 12 percent per annum, 30 days after each invoice. 7. The Plaintiff has made partial payment on account of the invoice, leaving a balance due of $666.00, plus continuing interest. 8. Despite demand, the Defendant Wolpert has failed and refused to pay the aforementioned unpaid balance plus interest as aforesaid. 9. By reason of the contract with the Plaintiff, Defendant Wolpert is liable to the Plaintiff for the aforesaid unpaid balance and interest. WHEREFORE, this Plaintiff requests this Honorable Court enter judgment in favor of the Plaintiff and against the Defendant Wolpert in the amount of $666.00 plus continuing interest at the rate of 12% per annum, plus costs of this proceeding. Respectfully submitted, PURCELL, KRUG & HALLER BY J W. Purcell, Jr, Esq 'North Front Street arnsburg, PA 17102 (717) 234-4178 I.D. #29955 L QUOTATION MATERIAL ? (BLUE) QUOTATION C? [py (BLUE) A90 s " , CONSRUICTION's MASON-NORTON COMPANV ?._ 1952 yv GEORGE O. PREBLE - Owner U310 S. TENTH ST, LLEMOYNE, PA 17043. TO: f%VJOLFecp-r ASSOC. DATE: pr, /a-6ua Wacps?a?r SHEET OF ILI HERBERT N. PREBLE - Founder ...........PHONE: 717-7374558 FAX 717-761-8287 PROJECT NUWL1-y-j i0Vs-2/e-S LOCATION: OUR QUOTE:(-I Z I ZIr .9? ADDENDAS: We are pleased to quote you for furnishing only the following materials, in types, quantities, sizes and accessories as stared. All items nor specif- ically listed are expressly excluded. Mason-Norron Company "Installation Quotation" will be attached where applicable. ANY KIND OF TAXES ARE NOT INCLUDED DJe- ELFCTP-1C,4LL (DFyrgT4D- o?C7-[OU?c¢l:f?s_ ?y 11 C)pTLoncS ` W iTri -70" k -7C>" St?? Q,u ?tcoal??6 scr-?CC NS CS?tc (_?T- SH?c4rs? I ?Fo r-7 o' y- ?erA- = 1? 1 CO C?OD crLlurefA ?I r? e? I F =C1) 70 k 7d LvMA LEcT">r LC-&' 14SS=? D i 4uuaesp 3 ':- )10Y. 70 Is'oLtYlza n« C';4T-StfsTU *a c th D "' 00 DEC/V:QScp 7'-4x rte' 19 .......... COMPANY,ruG FORM Mlm SEE TERMS AND CONDITIO , -E SIDE Exhibit "A" SA-L. S ?17,40<4C-9Ae-, a a CC 1NY, IA a , 9 RN t IMP MERCHANDISE BROKER STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE FOR SPECIALTY BUILDING PRODUCTS 1. This quotation is subject to change or withdrawal at any time as is doing a bro- kerage business, for specialty products used in Construction. All quotations are based on delivery of materials within a reasonable time, subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer. Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. 2. This quotation does not include taxes of any kind; such as Federal, State, Local, Business or Privilege Taxes are not included. Use taxes are not included. This quotation is subject to any future taxes or tax increases which may be imposed. Collection of Taxes is for the convenience of the purchaser and will be remitted to the Taxing %uthority on his behalf. M assumes no responsibility for taxes unpaid by buyer. 3. does not intend to be bound to any buyer based upon a contract which that buyer may have with another parry. Quotations are given in good faith for materials which are considered to be acceptable for the project referenced, but it must be kept in mind that final approval is at the discretion of others over whom we have no control. 4. All guarantees on materials are the Manufacturers standard and no other warranty is made by Mmh&Qbt- just as all quotations cover materials made to the standard specifications and details of the named manufacturer, which is deemed to be what is desired. Contracts which may be cancelled due to a third party interpretation of the requirements, which vary from our own, shall impose no liability on N646"- to furnish other materials or pay any part of the cost of so doing. Cancellation of this con- tract is subject to written acceptance of the manufacturer, and . A minimum can- cellation charge of ten percent may be imposed on the buyer. Material is not to be returned without written permis- sion. 5. Quotations include freight cost unless stated otherwise, however, shipment is F.O. B. Factory for delivery tojob, or to the nearest rail or truck terminal. Title of goods shall pass from the shipper to the buyer on receipt of a common carrier or by receipt given to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable. Damage claims, unloading of shipments and storage of same are the respon- sibility of the buyer. Notification of shortages, damages, and/or defective materials must be made to PlAe934% mnXTEW 68? 11141d PK the day of delivery. Material deliveries are not to be refused under any circumstances. 6. ,-1 - ii f shall not be liable for any loss, damage, dentention or delay caused by freight damages, shortages, defective or incorrect material, or by circumstances beyond their control: Delivery dates are dependent upon the performance of others, so they are given as probable, not as a guarantee of performance. 7. The acceptance of this quotation by a signature hereon, by telephone, written purchase order or subcontract, shall constitute a contract of sale only after written acknowledgement by 8. This quotation shall be deemed a part of the agreement between and the buyer even if not specifically mentioned in any written or verbal order given to by the buyer. 9. A written acknowledgement from shall constitute an acceptance of the contract in Cumberland County. Pennsylvania. will only perform on the basis of the terms and conditions herein stated, which terms shall govern, in case of conflicts between the buyer's order and this quotation. Any contract which develops from this quotation may be assigned to a third parry for handling and/or collection of the account without any liability on the part of 10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of 12% annually on all overdue accounts. No waiver of payment terns will be granted for any reason if not requested in writing before the 30 days expire. In the event of default of the payment of any sums due hereunder, and upon the necessity of AlR3al?la9RY9N re9lvf #dFV placing the collection of such sums in the hands of an attorney upon default, lvfs ?RI:GDl Z-9MPAKY shall be entitled to reimbursement of all reasonable and necessary attorney's fees incurred for the col- lection of the same, and all costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder. 11. Waiver and Releases of Liens will not be executed by ` until full payments are received. 12, xtecph1-tvno1nnr COMPANY accepts no partial payments, retainages. liquidated damages, or backcharges without previous written notification of problem and their costs. Any charges MUST have the written acceptance of Y. To our Customers: These terms and conditions have developed over many years and are stated to clarify the abilities and position of a manufacturer's agent. We have no intention of neglecting you. On the contrary. we assure you of our cooperation and aid, especially when a problem arises. r.,. 10494 MASON-NORTON COMPANY, INC. JAN-18-88 HON 18;38 WOLPERT ASSOCIATES FAX NO. 7178877288 WoLPERT ASSOCIATE, ..OXb L` .... :a'.. id a Y. 1a:. lunacy 18, 1999 Mason-Norton Company, Inc. 310 South Tcnth St Lemoyne, Pa 17043 Attn: Scott Thurnma DcarSout; P. 01 copy Please place the fottorring order for the item I1srd below per your quote dated January 17, 1999. Orden- 1249-1-Terley For: l -70" x70"=torized pmjecdnn screen Tvpe: Tarp 94atn6eturer. Draper Shfp to: Wolpert Assoclaies, Inc. 114 Souat Fulton Street Stmsburg, PA 17579 I Po6t4t°brand faxtransmftmlmemo M +a+wee0 To ?• Fro Ca / ?/ J spy .1 ? lUePL PtION• ?j F Jam/ OL?U" / Fa a - o Exhibit "B" ?`Q'e 'R'".«si'?1?(II i• ,I( MABON•NORTONCC+MPANY• INC. ""'!• MASON NORT COMPANI'INVOICE #18517=D1 tc 19 2 SPECIALTY CONSTRUCTION PRODUCTS For the Commercial Construction Industry GEORGE 0. PREBLE 4111IMPM HERBERT N.PREBLE-FOUNDER ff 5} r 310 S. TENTH ST., LEMOYNE, PA 17043 SWT 02 /09/99 TO: PHONE 717-737-4558 FAX 717-761-8287 SHIPPED TO: WOLPERT ASSOC. CONSTRUCTION CO JOB NAME: HURLEY INDUSTRIES P.O. BOX 114 114 SOUTH FULTON STREET ADDRESS: 114 SOUTH FULTON STREET STRASBURG PA 17579 STRASBURG PA 17579 TERMS OF SALE: 30 DAYS NET; 1% INTEREST PER MONTH ON OVERDUE ACCOUNTS. Poi F < 01723 02/04/99 TRUCK X FACTORY AS NOTED t€ ?.,....,..__--.-.. 1249 HERLEY PROJECTION SCREEN MFG BY: DRAPER SHADE AS, PER APPROVALS & SCREEN CO coo 1,100.00 PA STATE TA #18517-D1 PAY FROM THIS,INVOICE. BE ADVISED THAT IF THIS INVOICE GOES BEYOND OUR TERMS OF PAYMENT, IT WILL BE NECESSARY UNDER THE BONDING REQUIREMENTS TO NOTIFY YOUR BONDING COMPANY, ARCHITECT, OWNER AND OTHERS ON THE SIXTIETH DAY FROM THE DATE OF THIS INVOICE 66.00 1,166.00. NO PARTIAL PAYMENTS, RETAINAGES, BACKCHARGES OR LIQUIDATED DAMAGES MAY BE DEDUCTED FROM THIS INVOICE WITHOUT OUR PRIOR WRITTEN APPROVAL FEDERALID FORM $17 Exhibit: "C„ VERIFICATION COMPANY NAME: MASON-NORTON COMPANY, INC. I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. Dated: September 29, 1999 t SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 1999-06013 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MASON NORTON CO INC VS. WOLPERT ASSOC INC R. Thomas Kline Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: WOLPERT ASSOCIATES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On October 11th, 1999 this office was in receipt of the attached return from LANCASTER County, Pennsylvania. Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 8.00 Dep. Lancaster Co 42.08 $//.Ud Sworn and subscribed to before me this ?,2 n (day of (91t_L, 1.9 99 A. D. SHERIFF'S OFFICE X 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 176083480 • (717) 299-82DO SHERIFF SERVICE PLEASE TYPE.OR PRINT LEGIBLY PROCESS RECEIPT, and AFFIDAVIT OF RETURN nn INnT nerArreu AAiV nnniee ! DEFENDANT/S/ " 9-6013 Civil 4 TYPE OF WRIT OR COMPLAINT Wolpert Associates, Inc. Notice & Complaint SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC. TO BE SERVED PG2i3Iffi1iXI9MltXffi1SX?St4?4YHl#XXX!{RXXXXXXX Wolpert Associates Inc fi ADORESB ISlreel or RFD, Apadmenl No., Clty, Boro, Twp, Slate and ZIP CodaI AT 119 South Fulton St, Strasburg, PA 17579 '. INDICATE UN USUAL SERVICE: O(DEPUTIZE 0OTHER r•I lmhp rland Now, FUm 19 I, SHERIFF OFXXN COUNTY, P by deputize t eriff of Lancas ter County to execute t r IT tfj cco din to law. This deputation being made at the repuest and risk of the plalntlff. .YI g NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN- Any depuly sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, alter notifying person of levy orattachment. without liability on Me pad of such deputy or the sheriff to any plaintiff herein for any loss. destruction or removal of any such property before sheriff's sate thereof. 9.SIGNATURE pl ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER I I. DATE JOHN PURCELL ESQUIRE CUMBERLAND CO 717-234-4178 9/30/99 12 SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW, (TAis ores must ore complalsd If notice Is to be mailed) PURCELL, KRUG, & HALLER - 1719 NORTH FRONT STREET, HARRISBURG, PA 17102 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13.1 acknowledge receipt of thewrit 1 NAME of Authorized LCSO Deputy or Clark 14. Date Received 15 ExpuahoruHearing date orcompleimes intlicaletl above.( ABBY THOMAS 717-295-3609 16.1 hereby CERTIFY and RETURN that lO have porsonally sarvetl, have legal evidence of Service es shownln -Remarks',?heve execuletl as shown in 'Remarks', the writ or complaint described on the individual,co p ny, corporation, etc. at the address shown above or on lheindividual. company. cor. poralion. etc, at the address inserted below by handing a TRUE and A ESTED COPY thereof 17.01 hereby certify and return a NOT FOUND because I am unable o locale the individual, company, corporation, etc., named above. ISee remarks below) 18. Na(me a:d?tllle of indrv)1duall served (if not sh (1??albo1ve-) (Relalmn(sthi to Delundant) 19. A Parson or se4mteaa. end encrelmn 1 r \WlQ\Q \ K above) ?n o 9.V \I Iran reaming. in the defendants usual Stale and Zip Code) - _..--. _._.___._..,. __. _....,. .. „o,o cc rmru AM r0-1 yq 9 D AT R#104941 100.00 36.50 / S.T.A.: 1. WHITE - Issuing Authority :. PINK - Allamcy 3 CANARY - Sheriff s OILCC 4 LILUE - S ands OIIMr i i SAD I?_