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Home My WebLink About07-6685IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D'~- (a(n~5 Civi I JOHN M. GOMERY No. 2007 - SU - -T~,r.p~ Plaintiff vs. Civil Action -Law VERSATILE MOBILE SYSTEMS (CANADA), INC. Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the foregoing 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 YO DO NOT HAVE OR KNOW 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 Phone (717) 249-3166 NOTICIA USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar action dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no sin usted y la Corte puede notification por cualquier cualquier otra queja o tom; USTED PUEDE PERDER DINERO, IMPORTANTES PARR USTED. se defiende, el caso puede proceder decidir en su contra sin mas aviso 0 dinero reclamado en la demanda o por ~ensacion reclamados por el Demandante. 0 PROPRIEDADES U OTROS DERECHOS LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARR AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Phone (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN M. GOMERY, No. 2007 - Ste'- C L ~~ Cup.( T~ Plaintiff vs. Civil Action -Law VERSATILE MOBILE SYSTEMS (CANADA), INC. Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, TO WIT, THIS day of October, 2007, comes the Plaintiff, John M. Gomery, by his attorneys, Kagen, MacDonald & France, P.C. and more specifically Douglas P. France, Esquire, and files this Complaint whereof the following is a more concise statement thereof: 1. Plaintiff is John M. Gomery, an adult individual with a mailing address of P.O. Box 3308, York, Pennsylvania 17402 , (hereinafter referred to as "Gomery.") 2. Defendant is Versatile Mobile Systems (Canada) Inc., a Yukon company having its chief executive offices at Suite 1601, 750 West Pender Street, Vancouver, BC V6C 2T8. 3. Venue is properly laid in Cumberland County, Pennsylvania as it is the county in which the transactions and occurrences out of which the cause of action arose. 4. On or about March 25, 2005, the Defendant, Versatile Mobile Systems (Canada) Inc. entered into a Share Purchase Agreement (hereinafter "Agreement") with Plaintiffs John M. Gomery, John C. Kelly and Terry J. Johnson, individually and in their respective capacities as officers of Pertect Order, Inc., a corporation organized under the laws of the Commonwealth of Pennsylvania, (hereinafter "Perfect Order") and Pertect Order Manufacturing, Inc., a corporation organized under the laws of the Commonwealth of Pennsylvania, (hereinafter "Manufacturing") for the purchase of 100% of the issued and outstanding capital stock of Pertect Order and Manufacturing held by Gomery, Kelly and Johnson. 5. Pursuant to another agreement and other covenants and promises between the parties the Defendant subsequently agreed to repay $425,000.00 of previous capital contributions made equally by Gomery and two other principals of Pertect Order, Inc., Terry Johnson and John Kelly to Pertect Order. Said Payments were to be in proportion to Gomery's ownership interest of thirty-three and one-third percent (33 1/3%), or $141,666.66 6. Said payments were due on the earlier of a subsequent equity raise or November 30, 2005. 7. As of this date Defendant has not made repayment to Gomery in consideration of his share of the capital contributions made to Pertect Order in the amount of $141,666.66. COUNT I -BREACH OF CONTRACT 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. The Defendant has failed and refused, despite numerous requests to pay the sum set forth in the oral contract. 10. The Defendant's failure to pay the amount agreed upon by the parties, constitutes a breach of contract for which Plaintiffs have suffered damages in the amount of $141,666.66, together with interest at the legal rate of six (6%) per cent per annum. WHEREFORE, Plaintiff demands judgment against the Defendant in the amount of $141,666.66, together with interest, costs of this action, and such further relief as this Honorable Court deems necessary or proper and the amount claimed requires submission to compulsory arbitration. COUNT II -PROMISSORY ESTOPPEL 11. Paragraphs 1 through 10 are incorporated herein by reference and made a part hereon. 12. At the time Plaintiff and Defendant discussed the repayment of the capital contributions, the Defendant indicated verbally to honorthis agreement between the parties in conjunction with the Agreement. 13. Plaintiff relied upon the Defendant's promises to pay and in the course of such reliance, accepted the verbal agreement. 14. The statements of the Defendant were intended to induce the reliance of Plaintiff and this reliance has been to Plaintiff's detriment. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to enter judgment in its favor and against the Defendant in the amount of $141,666.00, together with interest thereon at the legal rate, costs of suit and such further relief as this Honorable Court deems necessary or proper. Respectfully Submitted: MACDONALD & FRANCE, P.C. ~ ~/ \ Dougla P. rance, Esquire Attorney o. 48744 2675 Eastern Blvd. York, PA 17402-2905 Phone: (717) 757-4565 VERIFICATION I verify that the facts in the foregoing document are true and correct, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 2~-02 ~~ ohn M. Gomery w~~ ~,, «{ .p c:. 0 rv . ~.; ' k " ~ ~ ~ 4~ ~. _ D -~ i r; ~ t r (\] Mat ~7 --3 C_.f