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HomeMy WebLinkAbout08-1594R. F. FAGER CO. Plaintiff V. ERIC E. BISS individually and t/d/b/a E.E. BISS HEATING & COOLING Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 08- 15gJ 01"i l Term : CIVIL ACTION - LAW 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, 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 or 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 PA 17013 1-800-990-9108 R. F. FAGER CO. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. . NO. ERIC S. BISS individually and . t/d/b/a E.E. BISS HEATING & COOLING Defendants : CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas enlas paginas siguientes, debe tomar accion 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 se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 1-800-990-9108 R.F. FAGER CO., Plaintiff V. ERIC E. BISS individually, and t/d/b/a E.E. BISS HEATING & COOLING Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. d F- Is 9'i fw-- : CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, R.F. FAGER CO., by its attorneys, KUNDRAT & ASSOCIATES, and states the following cause of action: 1. Plaintiff, R.F. FAGER CO., is a Pennsylvania corporation authorized to do business in Pennsylvania with offices and/or a place of business situate at 2058 State Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, ERIC E. BISS, is an individual trading and doing business as E.E. BISS HEATING & COOLING with offices and/or a place of business situate at 144 Maple Drive, Fredericksburg, Lebanon County, Pennsylvania. 3. Plaintiff is, and at all relevant times was, a wholesale distributor of building supplies. 4. Defendant is, and at all relevant times was, a contractor. 5. On or about July 20, 2000, Defendant applied to Plaintiff for credit. A true and correct copy of the credit application is attached hereto and made a part hereof and marked Exhibit "A". 6. Between May 29, 2007, and December 31, 2007, various products, goods, supplies, and materials (hereinafter collectively referred to as "products") were ordered by Defendant from Plaintiff. Plaintiff sold and provided the products ordered by Defendant, the same being represented by invoices. Due to the voluminous number of invoices, they are not attached to this Complaint but will supplied to Defendant prior to the hearing on this matter. 7. The prices charged for the products sold to Eric E. Biss, t/d/b/a E.E. Biss Heating & Cooling were the fair, reasonable, and market prices of the products, and the prices that Defendant agreed to pay. 8. The invoices represent products sold by Plaintiff and purchased by Defendant pursuant to Defendant's account with Plaintiff. 9. Defendant has not objected to any of these invoices and has accepted the products provided thereby, but has failed to pay Plaintiff despite demand pursuant to its open account, all to the damage of Plaintiff. 10. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits for the sale of products sold to Defendant by Plaintiff. 11. Plaintiff has submitted to Defendant a monthly statement of account accurately showing all debits and credits for transactions with Defendant, the most recent statement of account shows an amount owing to Plaintiff of $7,117.76 as of December 31, 2007. A copy of the statement of account is attached hereto and made a part hereof and collectively referred to as Exhibit "B". 12. Pursuant to the terms and conditions of sale contained on the credit application which terms and conditions were agreed to by Plaintiff and Defendant, and as further stated on the invoices attached as Exhibit "B", Plaintiff is entitled to receive a finance charge of 1.5% per month on past due amounts. 13. Pursuant to the terms and conditions of sale and extension of credit, Defendants agreed to pay reasonable attorney's fees and all court and collection costs. 14. Plaintiff has retained the services of the law firm of KUNDRAT & ASSOCIATES at the rate of $165.00 per hour in the collection of the amounts due from Defendant. 15. Plaintiff has incurred reasonable attorney's fees from the law offices of KUNDRAT & ASSOCIATES as of January 17, 2008, in the collection of the amounts due from Eric E. Biss, t/d/b/a E.E. Biss Heating & Cooling incident to the commencement of the within action. Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 16. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 17. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, R.F. FAGER CO. respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant Eric E. Biss individually and t/d/b/a E.E. Biss Heating & Cooling in the amount of $7,117.76, plus interest at the rate of 1.5% per month from December 31, 2007, reasonable attorney's fees, the costs of this action, and such other relief as the court deems just and proper. KUNDRAT & ASSOCIATES By: U " Jo . Kundrat, Esquire 1 Boas Street rrisburg, Pennsylvania 17102 (717) 232-3755 Attorney I.D. No. 24958 Attorney for Plaintiff Dated: q, 6;? 4 nn n .^t? FAaER CO PAGE 03/03 0r?1 !r !nn?.i n 09: 20 ?_• -rSnij .. U1! LIr.J! LUVO ! 1 !-! OL -' G dap r T~ 07' R Co. R . F . SAGE ? ? n ? , . •:. r ?. <" ' ? ?, ? ? ?'? ? z058 E E+D. (?! fr t. C}YNiP , QA 1 l f) ] l w ?y 1,?? t (i 0 o vv AfL _ 1-lea, c Loci ?? ' OF }1PPLIC4.NT: ~" Tp?L CsAicE GCRPORATZON , 5TR£.T A0DRBS5: P.O oSTATE: ZI° ? 700 pf:ONE:C???? 8v7-7v ?? CITY. L . YTARS OPERATEZ TKIs ADDRESS._ .L, OATS OF 3USINESS STPRT=D: P?`iOU?fT OE GREDLT ?LULD:' ? ?O - ??' T'fPE of avslNEss : }-i J r? C+ i- CLAIMI*TC? £XLX"••P.1ON F ROY STATE SALES TAX, CERTIFICATE NO: -- ---- \' o _- ,SPOUSZ' S NAMES--'.1 . •?- sEC. ?R7- AN I?IVIOLML XCCQerN•r SOC. RGa Q-) t__ PHONE 43C,- T3 3? L Z. PERSO9 TO CONT=T W:MN ACCOUNT IS APPROV r) : C D Tv TO T f l ' Bi?E 1 `_ h /? L ! J O',e' ?C.rJ?? (=2 /L ?i %!(Y1V1R,'>'?U 2 3. _ - ??zCsS PRIMAP.Y 93LW OF DE SIT: }-?(3fLQ S S A7DEtE55 J1e : ?....? ACCOUNT ??Qg???33 SAVINGS AGGQLINT PERSONALLY INCWM BY: IG. MATE3Y?LS_ SI?P._°LI ^ . ER'.:tCES : :RIIS? IiI(.:.LTDE AT Lr?S T ONE STaII1IlIL lire : = ,v ie rkF L. 'IF V D?yp_ 0..'i co z r 02 x? 3. oe '* V 0 a3CV?• r EafTEN5I0N OF CREDI; By R. e . FAGZR CCMoty Tp TI?i A..LIGAN. N IQI"':' r C A 1y?__ =m CONSIDERP.TIOPI Or TH ?_ ? ORDA_ tT TC :OR T: SALE OC Goonn_, wAAES ANt m.E:-C'!-AlmI5y UPON D oAY*_?NT A2ctiL?:;vRSTYp IN TO a . F. FAGER CCM?n?V'f, IT'S S?CCZSSORS AND ASSIC?S, TFE WPik i: =RG LukMlSE SOLD ax T:RMS Of SALE, OF T3a °QICL AND VA.i"a OF ALL GOODS, Tc FSREOF, P5 WELL ;.S ?+ CIT TC RE _Har A2?_7 zcAX? NA ilan ABOVE; FROM TTIS TO T11-Z ON AND A=T.E:? T`-s ?^- ;:;T( TiL '+1 AN`! ITT?DRAWt3 AMOUNT By `?2 DIM X/0 HE? NE`!'S Z ES, C.^•5TS AND _XT -REST INC'?tRET.? rV Tom' LOSS '"ANDION LN OF TlI3 GJRPRI1Tct Sl:Jar.r REMAIN IV FULL FCACc AND E.FGCT UNL- TO- R. F - FAGE.? CCMP.%. P axIG: T=V (10) DAYS WRLT Z%l NOTICZ OF TIC' RTTF:IIRA.WAL OF TH-S G ?= SY WAIVED. OS r?CCEDTANC= DE T -,.-;-!S GUARANTY AND NON-?AMONNT AT MATURIT'f AP - _v_ WI*vESS WIIEREOEiS AL40 INTE.`t IN?G fl BE L1.GALL`DrA'L OD +> >ty' L/WE FAVz' 3-? T 'r-Z,. LJ S AND SEALS T- i A_4 A: 'f I7LE : C=' N?` T T TLE NAM F_ *z" Tw-- SANK OF DEPOSIT SET FORTH ABOVE TO SU??L,Y R-E- FAGER G0. W:7% AL' Iiw? Ot3 F?.cE3Y H;,,:?.s _OR+,.= T AN'". INt'^R2'.R-TON IT MAY ?Z=ST. 2aQQ p3: 2?? 7' 7-7S--' 4 RF FAGER CO t:a... R 7 s i V 1- _ S Z S' N m ?• g . ?Jk 6 PAGE 02!03 ?..M ? m rrnaW P4 "0 to L) , rn C ? l 'rc' ra d M ?i fi?C? =t Vl .-4 N ry N G t r Y°l c 9 m 4 lop m t m to r i '- o 0 30m z 0" +?r ? ^ _ 1+ r\ µ y'' r my 9. Q . . ? ? N ? o O ?v] ?4R?N J ? LI ,r. ? ? ?' ECG -•,r ? 03 ?? ??? n 1 fi ? U! ?) f :; ? t14 +? ?1 ? M r. pti act ? C Nb N ?? O 1,,, t.. .... r ? GO W ?'• Q ? r` ?'+ , ` ?, e _ . ?B :.J /:J. +71 CT! N p CPX ? ? ranr'fn?"?nC? fJh c .- Cal Pd P• '?} .p ,< .Ij ?' ? P C? ?,? a• r,a ?1 0 ?, 1? ,? x 1, William EastON d¢ hereby verify that the facts sct. forth in the foregoing Plaintiff s Reply to New MUM-are true aril corm to 60 best of my k wwledge, information and belief. I understand that false stamnents herein 8re made subject to the pmaldes of 18 Pa.C.S. §4904 rclat4 to unswom falsification to authorities. ? William Easton n 4A- C-) C #v c z C) R J co `rJ 1 T t '?,j t 3 W ?S ", v } S y rri Al$VN f 7 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01594 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R F FAGER COMPANY VS BISS ERIC E ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BISS ERIC E but was unable to locate Him deputized the sheriff of LEBANON serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 24th , 2008 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: So answers: Docketing 18.00 ? -?= Out of County 9.00 Surcharge 10.00 R'. Thomas Kline Dep Lebanon Co 74.00 Sheriff of Cumberland County Postage 2.67 113.67 t /a p 04/24/2008 KUNDRAT & ASSOCIATES Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01594 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R F FAGER COMPANY VS BISS ERIC E ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BISS ERIC E TDBA E E BISS Sheriff or Deputy Sheriff who being HEATING & COOLING to wit: but was unable to locate Him deputized the sheriff of LEBANON in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On April 24th , 2008 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge So answer . 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? `??? P/c F, 04/24/2008 KUNDRAT & ASSOCIATES Sworn and subscribe to before me this day of A. D. s . In The Court of Common Pleas of Cumberland County, Pennsylvania R.F. Fager Co vs.. Eric E . Biss et al SERVE: Eric E. Biss No. 08-1594 civil Now March 12, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT .f CIVIL COMPLAINT No. 08-15194 Kundrat & Associates John S. Kundrat, Esquire R.F. Fager Company 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 VS. Eric E. Biss t/d/b/a E.E. Biss Heating & Cooling STATE OF PENNSYLVANIA COUNTY OF LEBANON ) SS: Return To: Cumberland County Docket Page 27031 David Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within CIVIL COMPLAINT upon ERIC E. BISS T/D/B/A E.E. BISS HEATING & COOLING, the within named DEFENDANTS, by handing two true and attested copies thereof, personally to JENNIFER BISS, she being his wife and Person in Charge, on March 25, 2008 at 11:15 A.M., at 144 Maple Drive, Fredericksburg (Bethel Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me SO ANSWERS, This 11th day of April, 2008 Notary Public NOTARIAL SEAL DEPUTY SHERIFF Debra Am ioLnron, N Public My con m ofi Nov. so, Sol I G? - il SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 3/14/08 Check No. 1536 Amount Costs Incurred: Amount of Refund: Check No. Amount Amount $ 100.00 $ 74.00 $ 26.00 All Sheriff s Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P. L. 1072 In The Court of Common Pleas of Cumberland County, Pennsylvania R.F. Fager Co vs. Eric 6. Bi.ss et al SERVE: Eric E. Biss t/d/b/a E.E. Biss Heating & Cooling No. Now, March 12, 2008 hereby deputize the Sheriff of 08-1594 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Lebanon County to execute this Writ, this deputation being made at the request and risk of the. Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to So answers, the contents thereof. Sheriff of County, PA Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT $ CIVIL COMPLAINT No. 08-15194 R.F. Fager Company VS. Eric E. Biss t/d/b/a E.E. Biss Heating & Cooling STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Kundrat & Associates John S. Kundrat, Esquire 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Return To: Cumberland County Docket Page 27031 David Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within CIVIL COMPLAINT upon ERIC E. BISS T/D/B/A E.E. BISS HEATING & COOLING, the within named DEFENDANTS, by handing two true and attested copies thereof, personally to JENNIFER BISS, she being his wife and Person in Charge, on March 25, 2008 -at 11:15 A.M., at 144 Maple Drive, Fredericksburg (Bethel Township), Lebanon County, Pennsylvania, and by making known to her the contents of the same. Sworn to and subscribed before me This 11th day of April, 2008 Notary Public NOTARIAL. SEAL Lebanm City I. ?6 n m Countyis my commission empires Nov. so, Sol SO ANSWERS, DEPUTY SHERIFF SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 3/14/08 Check No. 1536 Amount $ 100.00 Costs Incurred: Amount $ 74.00 Amount of Refund: Check No. Amount $ 26.00 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof Sec. 2, Act of June 20, 1911, P.L. 1072 R.F. FAGER CO. Plaintiff V. ERIC E. BISS individually and t/d/b/a E.E. BISS HEATING & COOLING Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1594 Civil Term CIVIL ACTION - LAW PRAECIPE TO WITHDRAW COMPLAINT TO: Prothonotary, Cumberland County Kindly withdraw the complaint in the above-captioned matter. Respectfully submitted, T & ASSOCIATES Attc/ney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Dated: February 4, 2009 lie gyn... rte- -+..d L?