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HomeMy WebLinkAbout08-1051 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED REFRIGERATION INC., vs. Plaintiff, No. 0%- 1051 Civ?( COMPLAINT 24 / 7 TECHNOLOGIES, INC. and ANDREW DENENBERG also known as ANDREW M. DENENBERG, as Personal Guarantor, Defendant FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID #91730 SHAWN P. MCCLURE, ESQUIRE PA ID #205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. X0067418 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED REFRIGERATION INC., Plaintiff, VS. Civil Action No. Of- /oS"/ 6,;d -? 24 / 7 TECHNOLOGIES, INC. and ANDREW DENENBERG also known as ANDREW M. DENENBERG, as Personal Guarantor, Defendants NOTICE AND COMPLAINT NOTICE TO DEFEND 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 upon you, 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. Lawyer Referral Service PA Bar Association PO Box 186 Harrisburg, PA 17108 1-800-692-7375 COMPLAINT Plaintiff is a corporation having offices in Mechanicsburg, Pennsylvania. 2. Defendant is a corporation having its offices and place of business at 707 Owl Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant, Andrew Denenberg a/k/a Andrew M. Denenberg, is an adult individual receiving mail at 707 Owl Court, Mechanicsburg, Cumber County, Pennsylvania 17050. 4. To induce the extension of credit, Defendants executed and delivered to Plaintiff a Credit Application and Personal Guarantee, a true and correct copy of which is attached hereto, marked Exhibit "I", and made a part hereof. COUNT I - AGAINST DEFENDANT 24 / 7 TECHNOLOGIES, INC. FOR BREACH OF CONTRACT 5. Plaintiff incorporates herein by reference thereto each and every of the preceding paragraphs of this Complaint as if the same were more fully set forth herein. 6. On various dates, at the specific instance and request of the Defendant, Plaintiff sold and delivered to the Defendant various goods, wares, and merchandise at the times, in the amounts, and for the prices appearing on Plaintiff's invoices, referred to in Plaintiff's Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "2", and made a part hereof. 7. Plaintiff avers that the Defendant received duplicates or copies of said invoices in the regular course of Plaintiff's business. 8. Defendant received and accepted the aforementioned goods, wares, and merchandise. 9. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 10. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 11. Plaintiff avers that the balance due amounts to $1,234.56, as is more specifically shown by Plaintiff s Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "2", and made a part hereof. 12. Plaintiff claims legal interest as damages on the liquidated debt from October 30, 2007. 13. Plaintiff avers that interest amounts to $20.27 to February 6, 2008. 14. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, legal interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendant, 24 / 7 Technologies, Inc., in Count I of this Complaint in the amount of $1,254.83, with continuing legal interest thereon at the rate of .5% per month and costs. COUNT U - AGAINST DEFENDANT ANDREW DENENBERG a/k/a ANDREW M. DENENBERG AS PERSONAL GUARANTOR 15. Plaintiff incorporates herein by reference thereto each and every of the preceding paragraphs of this Complaint as if the same were more fully set forth herein. 16. As a further inducement for the extension of credit, Defendant executed and delivered to Plaintiff his Personal Guarantee, in which he personally guaranteed payment of Defendant 24 / 7 Technologies, Inc.'s account with Plaintiff. A true and correct copy of said Personal Guarantee is attached hereto, marked Exhibit "1 ", and made a part hereof. 17. Plaintiff has been damaged as aforesaid in Count I in the amount of $1,254.83. 18. Plaintiff avers that all conditions precedent to the Defendants' duty of performance under said Personal Guarantee have occurred. 19. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, legal interest, or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment against Defendant, Andrew Denenberg a/k/a Andrew M. Denenberg, in Count II of this Complaint in the amount of $1,254.83, with continuing legal interest thereon at the rate of .5% per month and costs. BERNSTEIN LAW FIRM, P.C. BY: Attorney for Plaintiff(s) Suite 2200 Gulf Tower Pittsburgh, PA 15219 BERNSTEIN FILE NO. X0067418 412-456-8100 ZI/117'ED REFRIGERA'Tt0?1"? 1?C. I Long Lane - Machenicsburg, PA -17NO-2636 717-691-4100.717-661-;4150 Fox - branchbBGud.Com Email Credit Appii atu ar , RAW 7 I II?UGI S Wr VLo?,Ol enLa?aalxtESS IJC.cJ x- T riNci (WOMMI ) C17YMTA A!) 6 CMISTA1E _ZIP PHONE/ ?? FAX# OwNEIA AtIMMA/ or PRWCIPAL8 SOCIAL SECURITY f orTAX ID IIt Tnde FAIWs & oslkmM% Addrum S Tdephoee f mud be oompl sd 1. NAME - F- ?ls. 8J'9 •'f?3? ADDRESS_ 1 ! v CRY/S CATF? _„ PHONE S 2 ADDRISS cnY,srw PHONEd a ? E ADDRESS CRYISTATE PHONE ?/ ? ZIP CODE -?2!d _I:AX. 7 -939 • ??5 AI aO,s:?.fIo: - - MIT! AWDW* n wdW nWMt be 1 MUMCA s Me bw* ft Ut?lbed RelMipedttlon hie. MAW ADDRE89 ?` , cn'YWA* ZP CO If PHONE# ,7. 7 Z „ f 7a ?_FAX # UNT IMM&tat & I= etas NAA11- o1 d 6106 oN EXHIBIT V / ?f ? O?Nr? P??k?Or¦r IdR-114383-Idfi Nfdoo:b Loot Si Nor JOSE CHECK THE APPROPRIATE BOX: CORPORATION PARTNERSHIP PRgQMPRMTORSHIP CONTRACTOR INDUSTRIAL- OTHER SINESS OPERATED UNDER PRESENT OWNERSHIP SINCE a? YEAR ODUCT/SERVICE RENDERL:D--.YJI,IL / W MANY SERVICEMEN DO YOU EMPLOY? _RC-FRIGERANT CERTIFICATION le, you ? I swortnaratr' u artrx?, or an of Mbar of a oo poradan aver bosh fudged when A OM ? R a have any of your olTars bean Mew i any oRter corporation OW has aeon ac*x* nE Rao, when Z6 RSON TO CONTACT REQARDING: PURCHAI4f PAYMENTS j A:4J;'Vl LES TAX STATUS NOT EXEMPT EXEMPTION ty ax agowo pteass a? a signed tax an 70TREQUIRED 1RCHASE ORDER: REQUIRED !I: FOLLOWING TERMS OF SALE ARE AGREED TO AND ACCEP'T'ED: A 1% cash dhoount fa allowed W our dtarg. is paid by the loth gr the fallowing month. The net amount Is due the loot day die fdIcA frtg month To" Invoice not paid in accordance with Its teams, there shall be added #wa6o, a late dmvge at the rte of 2% x* ar the Maximum rote permitted bylaw R lave than 2% per month on the unpaW balance for escti ntoMh, ar 1hat of @ xvtN that such balance remains unpaid,. In the avant of default in paymank and our account is placed with a oMect'ion agarkcy or attorney, we No In g th pay an costa collection. R our scwtxtt ispywedl wilt an aMznoy, we agree to pay all costa inamred in odleetion toga Cher with onwa fees in 9? "to 22Wof such unpaid balance, or the moomt q amount permitted by law if foss than 25%. 3INT "RSONAL, GUARANTEE to wtderstgned. Iok*, severally and personally, in oonsideradon of your extending credit to to applicant, do hereby ;rue 10 pay for ate goods sold to applicant ar4 In the event of default, by applicant, you did be entitled to I&* to r psymwd without prior demand or notice and with fo* havhtQ attempted to colii a from applie tL In the want you tgage the serote:es of an attorr»y to atliad any sum of money duo hereunder, or to erftw or defind your rI&s xeun IM. YOU ahatt be omitted to poled reasonable attwoVs fees from the urWwagnad. The Ilsb ty of the cindervigned Cad not be afI'edad by any aodanslons or indtdgenoss grttanted appMowlt, or by reloa hV or surnuxlering any ssaxfty given ' ttw eppNcw t The undersigned agrees to give you written notice by Carlilted Maul In the everd of any chanp in the Worship of applic ads business or the fern of arpp icenr'a business orgarizeft . to undersigned applkent authorizes Urfisd Refrfgs sdm, Inc- to obtain Personal beelvounci information from any agency, jbilc or private, lbr purpose of the aid Ion of credit for commercial purposas. Ad Wlma" will remain confidential. -a Data 17 14 Print Name: . al se?itya>" ?aJ P-A Residential Address ?d . 7 4 `6106 ON A30-1103113-18n MOVE toaz 51 Nnr (800)852-5132 B80 MECHANICSBURG PA 24/7 TECHNOLOGIES, INC (B8) ** PFC ** VML ** 6.15.7 ** 707 OWL COURT Mechanicsburg PA 17050 02/06/07 IN 15826555-00 04/30/07 SC 43007- 99 05/31/07 SC 53107- 99 06/30/07 SC 63007- 99 07/31/07 SC 73107-99 08/31/07 SC 83107- 99 09/30/07 SC 93007- 99 0.00 Internal control # 1 1073201 01/09/08 UNITED REFRIGERATION, INC. PO BOX 82-0100 PHILADELPHIA, PA 19182-0100 1132.62 1132.62 16.99 1149.61 16.99 1166.60 16.99 1183.59 16.99 1200.58 16.99 1217.57 16.99 1234.56 0.00 0.00 1234.56 1234.56 EXHIBIT ___ _ ' C'(-" AK1i\ 17- ra JAN 2 3 ?008 VERIFICATION. The undersigned. does hereby verify under . penalty ` of perjury, that he/she is 413 ?TEN Plaintiff herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of his/her knowledge, information and belief (Sign in Blue Ink) ova C'3 0 03 a w -- - n ti (-q r _CD -t? :+c r 0 'y SHERIFF'S RETURN - REGULAR CASE NO: 2008-01051 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNITED REFREGERATION INC VS 24/7 TECHNOLOGIES INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon 24/7 TECHNOLOGIES INC the DEFENDANT , at 1648:00 HOURS, on the 21st day of February-, 2008 at 707 OWL COURT MECHANICSBURG, PA 17050 by handing to ANDREW DENENBERG, OWNER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.48 Affidavit .00 Surcharge 10.00 n .00 3/3/08^ +?-4 0 . 4 8 Sworn and Subscibed to before me this day of , So Answers: `°? •r R. Thomas Kline 02/22/2008 BERNSTEIN LAW FIRM By: A. D. % n CASE NO: 2008-01051 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNITED REFREGERATION INC VS 24/7 TECHNOLOGIES INC ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DENENBERG ANDREW AKA ANDREW M DENENBERG the DEFENDANT , at 1648:00 HOURS, on the 21st day of February-, 2008 at 707 OWL COURT MECHANICSBURG, PA 17050 by handing to ANDREW DENENBERG a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 310a/0 r So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 ? 16.00 02/22/2008 BERNSTEIN LAW FIRM Sworn and Subscibed to before me this of By: V /,/// day De ut h f A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED REFRIGERATION INC., vs. Plaintiff, No. 08-1051 PRAECIPE FOR DEFAULT JUDGMENT 24 / 7 TECHNOLOGIES, INC. and ANDREW DENENBERG also known as ANDREW M. DENENBERG, as Personal Guarantor, Defendants FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 CHRISTOPHER M. BOBACK, ESQUIRE PA ID #91730 SHAWN P. MCCLURE, ESQUIRE PA ID #205951 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 BERNSTEIN FILE NO. X0067418 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED REFRIGERATION INC., Plaintiff, vs. Civil Action No. 08-1051 24 / 7 TECHNOLOGIES, INC. and ANDREW DENENBERG also known as ANDREW M. DENENBERG, as Personal Guarantor, Defendants. To the Prothonotary: PRAECIPE FOR JUDGMENT Kindly enter Judgment against the defendant(s) above named and in favor of the Plaintiff, in the default of an Answer, in the amount of $1,264.75, plus continuing legal interest at the rate of .5% per month on the declining balance computed as follows: Amount claimed in Complaint $1,254.83 Interest from 2/7/08-3/26/08 on $1,234.56 $ 9.92 TOTAL $1,264.75 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. BERNSTEIN LAW FIRM, P.C. By:j #41 / Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Plaintiff: c/o Bernstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 Defendant: 707 Owl Court Mechanicsburg PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED REFRIGERATION INC., Plaintiff, vs. Civil Action No. 08-1051 24 / 7 TECHNOLOGIES, INC. and ANDREW DENENBERG also known as ANDREW M. DENENBERG, as Personal Guarantor, Defendants. Il"ORTANT NOTICE TO: 24 / 7 TECHNOLOGIES, INC. 707 Owl Court Mechanicsburg PA 17050 Date of Notice: March 13, 2008 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, 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: Lawyer Referral Service PA Bar Association PO Box 186 Harrisburg, PA 17108 1-800-692-7375 Bernstein Law Firm, P.C. By: /s/ Shawn P. McClure Shawn P. McClure, Esquire Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION UNITED REFRIGERATION INC., Plaintiff, VS. Civil Action No. 08-1051 24 / 7 TECHNOLOGIES, INC. and ANDREW DENENBERG also known as ANDREW M. DENENBERG, as Personal Guarantor, Defendants. E"ORTANT NOTICE TO: ANDREW DENENBERG a/k/a ANDREW M. DENENBERG 707 Owl Court Mechanicsburg PA 17050 Date of Notice: March 13, 2008 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, 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: Lawyer Referral Service PA Bar Association PO Box 186 Harrisburg, PA 17108 1-800-692-7375 Bernstein Law Firm, P.C. By: /s/ Shawn P. McClure Shawn P. McClure, Esquire Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are/are not active members of the Armed Forces of the United States or any other military or non- military service covered by the Servicemembers Civil Relief Act, as amended, December, 2003 ("SCRA"). The undersigned further states that if said party is engaged in military or non-military service, as defined within the SCRA, the undersigned is without receipt of or knowledge of an Application for Relief as required by the SCRA. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. Department of Defense Manpower Data Center Military Status Report W Pursuant to the Servicemembers Civil Relief Act MAR-26-2008 08:01:26 -<Last Name First/Middle Begin Date I I Active Duty Status Service/Agency DENENBERG Andrew Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. Aut 14. lfo,414, Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BQDTAIHZR W C? ?? ? .' i ?.cv { ?; ?Y? . O w ? ?, rte,., ?'<:: ?; c.