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HomeMy WebLinkAbout08-4463?, /I Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street PO Box 5056 Harrisburg, PA 17110-5056 717.233.8676 ALLEGRO DESIGNS, LLC, Plaintiff, V PANSY W. WALKER d/b/a BRIDAL BOUTIQUE OF LLOYANS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. 08 - L 4q (03 CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 0;1 1 y W Plaintiff, Allegro Designs, LLC, by and through it's undersigned counsel, Archer & Archer, P.C., files the following Complaint against Defendant, Pansy W. Walker d/b/a Bridal Boutique of Lloyans, and in support thereof avers as follows: 1. Plaintiff, Allegro Designs, LLC ("Plaintiff'), is a Pennsylvania Limited Liability Company with a principal place of business located at 94 Eastgate Drive, Camp Hill, Pennsylvania 17110. 2. Defendants, Pansy W. Walker d/b/a Bridal Boutique of Lloyans ("Defendant"), through information and belief, is an adult individual with a principal place of business located at 4202 East Busch Boulevard, Suite 1 & 2, Tampa, Florida 33617. An alternative address for the business is located at 4819 Busch Boulevard, Suite 107, Valrico, Florida 33594. 3. At all relevant times, Plaintiff is in the business of manufacturing and wholesale distribution of children's formal wear and dresses. 4. Through information and belief, Defendant, at all relevant times, is 1 engaged in the retail sale of formal wear and dresses. 5. At all relevant times, Defendant maintained a regular stream of business and contact with the Commonwealth of Pennsylvania, in particular within Cumberland County, as a result of Defendant's regular and repeated business contacts with the Plaintiff and others. 6. Plaintiff and Defendant had an ongoing business relationship whereby Plaintiff distributed dresses for sale that were purchased by the Defendant. 7. At Defendant's request, Plaintiff processed orders for merchandise more fully described in Plaintiffs invoice number 1507, attached hereto and incorporated herein as Exhibit "A." 9. The principal amount due for the above-referenced invoices if $797.00 for merchandise, shipping and handling charges. 10. Despite Plaintiff s repeated demands for payment, Defendant refuses to repay Plaintiff the sums due and owing. FIRST COUNT - BREACH OF CONTRACT 11. The allegations of the proceeding paragraphs 1-10 are incorporated herein by reference as though set forth herein at length. 12. Defendant's request for goods provided herein and Plaintiff's agreement to provide those goods for valuable consideration constitute a valid and binding contract between the parties. 13. Despite Plaintiffs complete performance under the contract between the parties, Defendant has breached the contract by failing to tender payment thereon. 14. By reason of the facts aforesaid, Defendant has materially breached its obligations under the contract between the parties, all to the damage of the Plaintiff in the 2 amount of $797.00. WHEREFORE, Plaintiff demands judgment against the Defendant: a. for compensatory damages in the amount of $797.00; and b. any other relief deemed appropriate and just by the Court or to which the Plaintiff is entitled as a matter of law. SECOND COUNT - QUANTUM MERUIT 15. The allegations of the proceeding paragraphs 1 - 14 are incorporated herein by reference as though set forth at length. 16. Defendant, as stated herein, requested the custom goods from the Plaintiff. 17. The Plaintiff fully filled the orders requested by the Defendant, who knew Plaintiff would expect payment therefore. 18. The market value of the goods ordered by Defendant is $797.00. 19. It would be unjust for Plaintiff not to be paid for the value of its goods, together with the service charges and interest alleged herein. WHEREFORE, Plaintiff demands judgment against the Defendant: a. for compensatory damages in the amount of $797.00; and b. any other relief deemed appropriate and just by the Court or to which the Plaintiff is entitled as a matter of law. 3 THIRD COUNT - ACCOUNT STATED 20. The allegations of the proceeding paragraphs 1 - 19 are incorporated herein by reference as though set forth herein at length. 21. Plaintiff maintains a book account regarding Defendants' purchases. According to the records, Defendants owe Plaintiff the sum of $797.00 for goods and services requested by Defendant. 22. The funds due and owing Plaintiff by the Defendant are fair and reasonable for the goods and services provided. 23. Although demands for payment have been made, Defendant continues to refuse to pay the amount due and owing Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendant: a. for compensatory damages in the amount of $797.00; and b. any other relief deemed appropriate and just by the Court or to which the Plaintiff is entitled as a matter of law. Dated: July 21, 2008 Respectfully Submitted, Archer & Archer, P.C. By: ? V Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiff 4 Exhibit "A" 02/21/2008 23:56 7177612343 P.O. BOX 734 Camp Hill, PA 17001 Bridal Boutique of Uoyens 4202 E. Busch Blve St. I & it Tampa, Florida 33617 ?A??? W At<Y. a12 Ph0t1C: PAX: 813-868-0811 P.O. # stock Terms cod Date 2/11/2005 Invoice # 1507 Bridal Boutique of Lioyens 4202 E. Busch Bive St. I & II Tampa, FL 33617 Sales Rep Ship Dante Due Date 2/11/2008 2/11/2008 1015 White Size 4 100.00 100.00 1060 Lilac/White Size 5 96.00 95.00 1082 White Size 3 95.00. 95.00 1095 White Size 3 90.00 90.00 1160 W hWPink Size 4 95.00 95.00 1099 Ivory/Sere Size 6 96.00 95.00 1152 Ivory/Sable Size 5 79.00 79.00 1141 White Size 6 95.00. 95.00 COD COD 9.00 9.00 Shipping and... Shipping and Handling 13.00 13.00 COD i COD 9.00' 9.00 Shipping and- reShipping and Handling 18.00 13.00 Refusal Refusal Fee 50.00 50100 Storage Fee 30.00 30.00 COD COD 9.00 9.00 Collectiom Fee 350.80; 350.80 Interest 196.45 198.45 info@Iadybugcollection.com www.ladybugeollection..com, Plaone # (717) 761-2344 FAX # (717) 761-2343 V THE LADYBUG CC' I-ECT^ PAG=- 921?'4 , Total PaymentWCredits Balance Due $1,424.25 $0.00 $1,424.25 02-22-2008 11:50 ARCHER AND ARCHER PC 7172338675 PAGE2 VERIFICATION I, Thomas A. Archer, Esquire, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: July 24, 2008 V Thomas A. Archer, Esquire C? n? tT rd 00 lc 71 } y °C Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street PO Box 5056 Harrisburg, PA 17110-5056 717.233.8676 ALLEGRO DESIGNS, LLC, Plaintiff, V. PANSY W. WALKER d/b/a BRIDAL BOUTIQUE OF LLOYANS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No.: 08-4463-Civil Term CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO PROTHONOTARY: Please replace the Verification of Plaintiff's counsel with that of the Plaintiff, attached, to Plaintiff s Complaint in this matter. Respectfully Submitted, Archer & Archer, P. C. Date: September 2, 2008 By: Thomas A. Archer, Esquire Pa Atty. ID # 73293 2515 North Front Street PO Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiff ?7-24-200P- le-15 ARCHER AND ARCHER PC 7172338675 PAGE4 VERIFICATION 1, William Jupitz, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.3. §4904, relating to unworn falsification to authorities. Date: July 24, 2008 CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U. S. First Class Mail, addressed as follows: Pansy W. Walker d/b/a Bridal Boutique of Lloyans 4202 East Busch Boulevard, Suite 1 & 2 Tampa, FL 33617 Date: September 2, 2008 4-tess*icaR. Porter, Paralegal rv " r. xy ? 7 F ('' t C Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street PO Box 5056 Harrisburg, PA 17110-5056 717.233.8676 ALLEGRO DESIGNS, LLC, 95 Eastgate Drive Camp Hill, PA 17011 Plaintiff, v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No.: 08-4463-Civil Term PANSY W. WALKER d/b/a CIVIL ACTION -LAW BRIDAL BOUTIQUE OF LLOYANS 4202 East Busch Boulevard, JURY TRIAL DEMANDED Suite 1& 2 Tampa, FL 33617 Defendants PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS, AND NONMILITARY SERVICE TO THE PROTHONOTARY: Enter judgment for want of an answer for Plaintiff and against Defendants above- named only and assess damages certified to be calculated as a sum certain from the Complaint, as follows: Principal $797.00 TOTAL: $797.00 Understanding that false statements made herein are subject to penalty under 18 Pa. C.S.A. § 4904, Unworn Falsification to Authorities, I verify that: 1. The above are the precise last known addresses of the parties. 2. The annexed notices(s) of intention to file a Praecipe (Exhibit "A") were mailed to all parties Defendants and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this Praecipe. 3. The said Defendants are not in the military service of the United States or otherwise within coverage of the Soldiers and Sailors Relief Act and are over 18 years of age (Exhibit `B"); THIS )Cl* DAY OF 1)0-+. , 2008, JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS BY DEFAULT FOR WANT OF AN ANSWER AND DAMAGES ASSESSED AT THE SUM OF $797.00 AS PER THE ABOVE CERTIFICATION. NOTICE GIVEN PURSUANT TO Pa.R.C.P. 236. Respectfully submitted, ARCHER & ARCHER, P.C. By: Thomas A. Archer, Esquire PA ID# 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 717.233.8676 Attorney for Plaintiff P '91AVY CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Pansy W. Walker d/b/a Bridal Boutique of Lloyans 4202 East Busch Boulevard, Suite 1 & 2 Tampa, FL 33617 /P4-drb Date: September 30, 2008 _V, . aaal?dl Jessica R. Porter, Paralegal I Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street PO Box 5056 Harrisburg, PA 17110-5056 717.233.8676 ALLEGRO DESIGNS, LLC, Plaintiff, v PANSY W. WALKER d/b/a BRIDAL BOUTIQUE OF LLOYANS Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No.: 084463-Civil Term CIVIL ACTION -LAW JURY TRIAL DEMANDED IMPORTANT NOTICE TO: Pansy W. Walker d/b/a Bridal Boutique of Lloyans 4202 East Busch Boulevard, Suite 1 & 2 Tampa, FL 33617 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A RESPONSE TO THE COMPLAINT THAT WAS SERVED UPON YOU. UNLESS YOU ACT WITHIN TEN (10) 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 LWAYER 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: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DATED: September 2, 2008 By: -I/ 1 Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Pansy W. Walker d/b/a Bridal Boutique of Lloyans 4202 East Busch Boulevard, Suite 1 & 2 Tampa, FL 33617 Date: September 2, 2008 - Jessica R. Porter, Paralegal Exhibit "B" Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 SEP-12-2008 07:40:46 -K Last Name First/Middle Begin Date Active Duty Status Service/ Agency WALKER PANSY W 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. n10,)4 ,may-a?W_ 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/?is/PC09SLDR.httnl 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: BJLQTXZJQ VF https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 9/12/2008 ? ,.,, i......7 _ 1 ?i'? • s O ? `~ ? ---1 ? ? , w M? ...__ f?;i? ?. -{ A v ? ??? a ?? ? -Tl °?> f„ ? i?; ?? .?- IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENSYLVANIA CIVIL DIVISION ALLEGRO DISIGNS, LLC Plaintiff, DOCKET NO: 08-4463-Civil Term V. PANSY W. WALKER d/b/a BRIDAL BOUTIQUE OF LLOYANS Defendant. NOTICE OF FILING JUDGMENT Notice is hereby given that a "UUa me'& in the above-captioned matter has been entered against you in the amount of 00 on /p Llobo , ( ) A copy of all documents filed with the Prothonotary in support of the within judgment is / are enclosed. By: AC ong Prothonotary Deputy If you have any questions regarding this Notice, please contact the filing party: Thomas A. Archer 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 717-233-8676 (This Notice is given in accordance with Pa.R.C.P. No. 236.) 9' Archer & Archer, P.C. By: Thomas A. Archer, Esquire 2515 North Front Street PO Box 5056 Harrisburg, PA 17110-5056 717.233.8676 ALLEGRO DESIGNS, LLC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. DOCKET No.: 08-4463-Civil Term PANSY W. WALKER d/b/a CIVIL ACTION -LAW BRIDAL BOUTIQUE OF LLOYANS JURY TRIAL DEMANDED Defendants PROOF OF SERVICE TO THE PROTHONOTARY: The following Defendant was served by certified and regular mail with the Complaint: Pansy W. Walker d/b/a Bridal Boutique of Lloyans, 4202 East Busch Boulevard, Suite 1 & 2, Tampa, FL 33617-5915. The certified mail letter was returned marked "unclaimed", a copy of the envelope is attached hereto as Exhibit "A," and the regular mail letter was never returned. Respectfully Submitted: Dated: October 6, 2008 By: / Thomas A. Archer, Esquire PA Atty. ID # 73293 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110 (717) 233-8676 Attorney for Plaintiff Exhibit "A" 01wU)0o qgl : N { COyc?:E N i 64.av-0? O O O t. fi CS-" c? oU u7 m r nJ -w1iii o -mmw? C3 G .? O ..-?.?? o un o ..?. =O ..`? C3 v e U f4?? V LO CD m? 3 mom ? m LL W Q N cc cq cu CL vF oust vtZOSS?ot idleooU wwod oWwujcoa t+00Z ?Gerugel G WE WJO=l Sd j S`CEh W h0 2000 0050 9004 N 'Z ' "k 0 *d Rov &IJW ea PwOpinu 31 ' ' ' S ? I I)SF-I J id U/I ? 0 0 O M Pocml p 0 X c w 4 ai P ei 13 VIS ? o I PN P s 'PAaI?a?r?0? ???s>7? ?-S? ZQZb sumo ! ? p rn,??.?n©?, ?? lacy Aole sm e Am ON l ` rill l'P nl lom - M hs ubd q ? NIeP jN- PP g:U 31 I d W M L L Wq uJO4 3uwwP smPM A"RP sl 'a un posswPPV epWy •s3luued eosds A wok e43 Yo m cL n cl) v `- Jo tieAlled a (&-N Powl+dJ ?Q PeNeoeH e eoeldllew 843 W )I?q 94; o3 P= $143 4mv ¦ nog! 03 Pao e43 whew UW am 3s4? os f o D U- a eases, PPV o X 3O08V o GMA81 e43 uo SMPPs PUB, OUMU anal wlad ¦ •z U9 o? ! 1 pwW al AwNPp POPP OU ?! 4 u-19;4 egg ,,., ¦ T, co y t. CERTIFICATE OF SERVICE I, Jessica R. Porter, Paralegal, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: Pansy W. Walker d/b/a Bridal Boutique of Lloyans 4202 East Busch Boulevard, Suite 1 & 2 Tampa, FL 33617 Date: October 6, 2008 "R &*I? Jessica R. Porter, Paralegal }+..] + ? ti -TI w "Cl __