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HomeMy WebLinkAbout07-5031MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 JOHN R. MUMMA, t/d/b/a ) IN THE COURT OF COMMON PLEAS MUMMA'S APPLIANCES, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA /~ vs. ) N0.2007 - S"03 ! (: ~ u ~ ~ ~~-~'"l EDWARD P. CASE, III, ) CIVIL TERM 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 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS, ESQUIRE I.D. #41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF JOHN R. MUMMA, t/d/b/a ) MUMMA'S APPLIANCES, ) Plaintiff ) vs. ) EDWARD P. CASE, III, ) Defendant ) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - S"03! CIVIL TERM COMPLAINT AND NOW comes the Plaintiff by and through his attorney Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, JOHN R. MUMMA, t/d/b/a Mumma's Appliances, is an adult individual who operates his business at 3820 Trindle Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, EDWARD P. CASE, IIII, is an adult individual who resides at 503 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is in the business of, among other things, the sale and installation of various appliances which include but are not limited to ovens, microwaves, dishwashers and various other appliances used both commercially and residentially. 4. Defendant contacted Plaintiff in June, 2006 and ordered certain appliances with additional materials from Plaintiff which are more particularly described in Exhibit A which is attached hereto and made a part hereof. 5. When Defendant ordered the appliances and items listed on Exhibit A, Defendant agreed to pay the prices as outlined and stated on the invoice, said payment to occur at or about the time that the items were delivered to the property at 5024 Pellingham Circle. 6. The total cost of the appliances and items listed on Exhibit A which were purchased by Defendant was $12,555.70 of which Defendant has paid $2,500.00 as a deposit at the time the items were ordered. 7. Based upon Defendant's agreement to pay for the remainder of the items purchased, Plaintiff delivered and installed the items at 5024 Pellingham Circle on or about November 1, 2006. 8. Thereafter, Plaintiff requested payment in full in accordance with the agreement between Plaintiff and Defendant of the outstanding amount due and owing by Defendant of $10,055.70. 9. Defendant contacted Plaintiff on a number of occasions and asked that Plaintiff wait until the house where the items delivered was sold so that he could have the funds necessary to pay for those items that were purchased and delivered to the property. 10. Defendant has since sold the property where the items were delivered but failed or refused to pay Plaintiff the outstanding balance due and owing. 11. Defendant breached the agreement with Plaintiff by his failure to first pay for the appliances and items which were purchased from Plaintiff at or about the time they were delivered and thereafter further breached by the agreement by his failure or refusal to pay for the appliances and items purchased and delivered after settlement on the property. 12. As a result of the breach of the agreement by Defendant by his failure to pay for the appliances and items purchased from Plaintiff, Plaintiff has been damaged in the amount of $10,055.70. 2 WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $10,055.70 plus interest plus costs of suit. Respectfully submitted, .~ MICHAEL L. BANGS ` Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION I hereby 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. Section 4904, relating to unsworn falsification to authorities. Date: ~ 2 ~ ~ 4 EXHIBIT A Mumma's Appliances 3820 Trind/e Road Camp Hill, PA 17011 (717) 761-2080 Fax (717) 761-4596 BILL TO Case, Ed 503 Lucinda Land Mechanicsburg, PA 17050 INVOICE DATE INVOICE # 6/28/2006 100338 SHIP TO DELIVER/INSTALL LOT 48 Pellingham Circle (Wentworth) ~~~' 4~ y TEL. NUMBER P.O. NUMBER TERMS REP SHIP c- 433-7140 COD TVP 6/28/2006 QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 1 GE Oven ZET958SF SS 2,750.00 2,750.OOT 1 GE Microw... JE2160SH SS 425.00 425.OOT w/ JX2130SB Trim Kit 1 GE Gas Co... ZGU375N5D SS 1,250.00 1,250.OOT 1 GE Downdr... ~ LVB36SH SS 750.00 750.GOT 1 Sub-Zero R... 650E LH 4,695.00 4,695.OOT 1 GE D/V11 ZBD6890K I I 1,050.00 1,050.OOT 1 GE Bevera... ZDBC240N BS 925.00 925.OOT Sales Tax 6.00% 710.70 T tal ~ $12,555.70 Appliances, Sales and Service - ~G ,~,~ ~G, o.fs-' i..~ ~...] ~J "'~'' _. ~ l _. , .` v ~ ~ n, 1 g ~A t-- A F~ ~~, ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-05031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MUMMA JOHN R ET AL VS CASE EDWARD P III DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pe nnsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CASE EDWARD P III the DEFENDANT at 1624:00 HOURS, on the 29th day of August 2007 at 503 LUCINDA LANE MECHANICSBURG, PA 17055 by handing to JOY CASE (EX-WIFE) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 10.56 ~~ ___ Postage .41 ~~ ///• Surcharge 10.00 R. Thomas Kline 4~J~r~6'1 ~,,,, 00 38.97 08/30/2007 MICHAEL BANGS Sworn and Subscibed to By: ~ r before me this day Deputy eriff of A.D. MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 South 18t" Street Camp Hill, PA 1701 l (717) 730-7310 JOHN R. MUMMA, t/d/b/a ) IN THE COURT OF COMMON PLEAS MUMMA' S APPLIANCES, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA vs. ) N0.2007-5031 CIVIL EDWARD P. CASE, III, ) CIVIL ACTION Defendant ) TO: EDWARD P. CASE, III 503 Lucinda Lane Mechanicsburg, PA 17055 DATE OF NOTICE: September 28, 2007 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 k. CHAEL L. BANGS Attorney for Plaintiff ~ `.~ , `..} E.,`.t _ ; ...~.+ - -? ~~ ~ ~ _ .:~ -1_~. ~~ ~:~~~~ " .. -.^ ~ • .~ yip ~ ~} lJ ~ .^t 1.b~ r-- MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 JOHN R. MUMMA, t/d/b/a ) IN THE COURT OF COMMON PLEAS MUMMA'S APPLIANCES, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA vs. ) N0.2007-5031 CIVIL EDWARD P. CASE, III, ) CIVIL ACTION Defendant ) PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against Defendant Edward P. Case, III, in the amount of $10,055.70, plus interest plus costs of suit, for his failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about September 28, 2007 to Defendant Edward P. Case, III, at 503 Lucinda Lane, Mechanicsburg, Pennsylvania, 17050. Respectfully submitted, / 1~., MICHAEL L. BANGS Attorney for Plaintiff Date: ~ f 7 ~~ MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. #41263 429 South 18`x' Street Camp Hill, PA ]70]] (7l 7) 730-7 310 .I01-IN R. MUMMA, t/d/b/a ) IN THE COURT OF COMMON PI,I~AS MUMMA'S APPLIANCES, ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA vs. ) N0.2007-5031 CIVIL EDWARD P. CASE, III, ) CIVIL ACTION Defendant ) TO: EDWARD P. CASE, III 503 Lucinda Lane Mechanicsburg, PA 17055 DATE OF NOTICE: September 28, 2007 IMPORTANT' NOTICE Required by Rule 237.1(a)(2} YOU ARE IN DEFAULT BECAUSE YOU I-IAVE FAILED TO ENTER A WRIT~hEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TI-IE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOtI. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOti SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TH1 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ! r ~, / , i ~M~CHAEL L. BANGS '. Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 JOHN R. MUMMA, t/d/b/a MUMMA'S APPLIANCES, Plaintiff vs. EDWARD P. CASE, III, Defendant ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-5031 CIVIL CIVIL ACTION ADDRESS CERTIFICATION I hereby certify that the addresses of the Plaintiff and Defendants are as follows: Plaintiff: John R. Mumma, t/d/b/a Mumma's Applicances 3820 Trindle Road Camp Hill, PA 17001-0292 Defendant: Edward P. Case, III X03 Lucinda Lane Mechanicsburg, PA 17055 1 MICHAEL L. BANG Attorney for Plaintiff .gyp, ~='' -~ ~.. t~~r~ ~ ~~ g ' • '"" © - C..~ ~! ~ ~ ~ ~