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Home My WebLink About03-5927COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEEMAK PLASTICS, INC. Plaintiff VS, LET'S TALK PACKAGING, INC. Defendant CIVIL ACTION 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO AND MARGLE, P.C. Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEEMAK PLASTICS, INC. : Plaintiff : No. (~, LET'S TALK PACKAGING, INC. : : CIVIL ACTION Defendant(s) : COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $11,030.97, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, BEEMAK PLASTICS, INC. is located at 18554 S. Susana Road, RANCHO DOMINGUEZ CA 90221. 2. The Defendant, LET'S TALK PACKAGING, INC. is located at 310 Indian Creek Drive, MECHANICSBURG PA 17050. COUNT I 3. Plaintiff, at Defendant's special instance and request, sold to Defendant certain goods and merchandise in the amount and for the prices set forth in invoices referred to in a Statement of Defendant's Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A". 4. The prices charged for the aforesaid items are just and reasonable and are those which Defendant promised to pay Plaintiff. 5. Defendant received and accepted the goods described in the invoices referred to in Exhibit "A" and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, was $10,309.05. 6. Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6.00% per annum to the past due balance. As of November 3, 2003 the total amount of interest due to Plaintiff is $721.92. 7. Plaintiff is entitled to have the 6.00% interest charge continue to accrue as set forth above, from November 3, 2003 on down to the date of judgment in this matter. 8. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for $11,O30.97 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from November 3, 2003, and cost of suit. COUNT II Alternative to Count I - Unjust Enrichment 9. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 10. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received end accepted the benefit of such goods, wares, merchandise, and/or services provided by Plaintiff. 1 1. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendant, and that Plaintiff expected to be paid for such. 1 2. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 13, At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 14. By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $10,309.05. WHEREFORE, Plaintiff demands judgment against Defendant for $10,309.05 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from November 3, 2003, costs of suit and all other relief to which Plaintiff may be justly entitled. ~yM.. ATO AND ,,~RG LE, P.C. Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION I, Michael Kennedy, Esquire, hereby state that I am the attorney-in-fact for Plaintiff in this action and, as such, am authorized to make this verification on behalf of Plaintiff as their verification cannot be obtained within the time allowed for filing, that the statements of fact made in the foregoing complaint are true and correct to the best of my knowledge, information and belief based upon the information and documentation provided by Plaintiff. 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. Micha~ Ke~/~e Attorney for Plaintiff BEEMAK PLASTICS 18554 S. SUSANA ROAD RANCMO DOMINGUEZ C~ 90221 LET'S TALK PACKAGING, INC%%CrH## ATTN: ACCOUNTS PAYABLE 310 INDIAN CP~EK DRIVE MECHANICSBURG, PA 17050 lZ/31/02 000000069121 238548 07/03/02 I ~o: 239973 08/28/02 I Po: 422 240008 08/29/02 I Po: 422 240139 09/03/02 I PO: 422 Ou~ Ord: 217652 Our Ord: 218639 O~r O=~: 218639 Our Ord~ 218639 16.65 4,354.90 5,781,25 156.25 16.65 4,371.55 10,152.80 10,309.05 Your account i~ past due and On Credit h~ld. 10,309.05 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BEEMAK PLASTICS INC VS LET'S TALK PACKAGING INC RONALD HOOVER Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE LET'S TALK PACKAGING INC DEFENDANT , at 2006:00 HOURS, at 310 INDIAN CREEK DRIVE MECHANICSBURG, PA 17050 LORI ULRICH, WIFE OF OWNER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 14th day of November , 2003 by handing to & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this /9 day of o A.n. Prothonotary So Answers: R. Thomas Kline 11/17/2003 AMATO & MARGLE Deputy Sh~iff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 8EEMAK I~LASTiCS, INC. Plaintiff No. 03-5927 Civil MS, LET'S TALK PACKAGING, INC, Defendant CIVIL ACTION PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt Interest (from November 3, 2003 to December 15, 2003 at 6% per annum) Payments $11,030.97 551.84 Total $11,582.81 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Pursuant to RCP 237.1, I certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was mailed to all parties on December 5, 2003. Dated: 2003 2033709 AMATO AND MARGLE~,I~C. By:~y ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEEMAK PLASTICS, INC. Plaintiff VS. LET'S TALK PACKAGING, INC. Defendant No. 03-5927 Civil CIVIL ACTION CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 18554 S. Susana Road RANCHO DOMINGUEZ CA 90221 I do certify that the precise last known address of the within named defendant is: 310 Indian Creek Drive MECHANICSBURG PA 17050 AMATO AND MARGLE, P.C. By: ~ #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 .COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEEMAK PLASTICS, INC. Plaintiff VS. LET'S TALK PACKAGING, INC. Defendant No. 03-5927 Civil TO: Let's Talk Packaging, Inc. 310 Indian Creek Drive MECHANICSBURG PA 17050 Date of Notice: December 5, 2003 IMPORTANT NOTICE 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Attorney File#2033709 AMATO AND MARGLE, P.C. BY: ~at~ Attorney I.D. No. 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BEEMAK PLASTICS, INC, Plaintiff MS, LET'S TALK PACKAGING, INC. No. 03-5927 Civil CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) () NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THEABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $11,582.81 /p-/-/~ON D~--.C. ' 2003. A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTA~ RY - CU~MBE~LAND COUNTY If you have any questions concerning the above, ~ea~e ol~'~ntact t~'~ersigned. AMATO AND MARGLE, P.C. By: ~ ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400