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Home My WebLink About08-4466% } 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. D$ - 1{1{(p(p -' ?ivt I I?rn.. A STEP ABOVE BRIDAL CIVIL ACTION -LAW SALON, LLC and SANDRA J. MANCE JURY TRIAL DEMANDED Defendants. COMPLAINT Plaintiff, Allegro Designs, LLC, by and through it's undersigned counsel, Archer & Archer, P.C., files the following Complaint against Defendants, A Step Above Bridal Salon, LLC, and Sandra J. Mance, 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. Defendant, A Step Above Bridal Salon, LLC, through information and belief, is a Indiana Limited Liability Company with it's principal place of business located at 480 East Carmel Drive, Carmel, Indiana, 46032. 3. Defendant, Sandra J. Mance, is an adult individual, thought information and belief, the sole member of A Step Above Bridal Salon, LLC and maintains a place of business located at 480 East Carmel Drive, Carmel, Indiana, 46032. 4. At all relevant times, Plaintiff is in the business of manufacturing and wholesale distribution of children's formal wear and dresses. 5. Through information and belief, Defendant, at all relevant times, is 1 engaged in the retail sale of formal wear and dresses. 6. 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. 7. Plaintiff and Defendant had an ongoing business relationship whereby Plaintiff distributed dresses for sale that were purchased by the Defendant. 8. On or about September 29, 2007, Defendant executed Plaintiff's "Terms and Conditions" to be applicable to and govern all subsequent transactions between the parties, which are attached hereto and incorporated herein by reference as Exhibit "A." 9. Pursuant to the Terms and Conditions, Defendants agreed to personal jurisdiction of the Commonwealth of Pennsylvania for all disputes with Plaintiff. 10. At Defendant's request, Plaintiff processed orders for merchandise more fully described in Plaintiff s invoice number 12802, attached hereto and incorporated herein as Exhibit "B." 11. The principal amount due for the above-referenced invoices if $1,109.00 for merchandise, shipping and handling charges. 12. Defendants failed to accept delivery of Plaintiff s merchandise upon delivery, causing the merchandise to be returned to the Plaintiff. 13. Despite Plaintiff s efforts, Plaintiff has been unable to resell the custom items that were ordered by the Defendants. 14. Pursuant to the terms and conditions agreed to by the Defendants, Defendant agreed to pay Plaintiff the sum of $50.00 for all refusals. 15. Pursuant to the terms and conditions agreed to by the Defendants, Defendants agreed to pay storage fees, as well as reasonable attorney's fees and interest 2 for all refused merchandise. 16. The total sum of refusal fees due from the Defendant to the Plaintiff is $50.00 on the invoice. The total sum of storage fees due from the Defendants to the Plaintiff is $30.00 on the invoice. The total sum of interest due and owing from the Defendant to the Plaintiff is $92.59 to date. 17. Pursuant to the Terms and Conditions signed by Defendant, Sandra J. Mance, agreed to the personally liable for all charges incurred by A Step Above Bridal Salon, LLC. 18. Pursuant to the Terms and Conditions signed by Defendant, Sandra J. Mance, Plaintiff is entitled to costs and attorney's fees. 19. Despite Plaintiff's repeated demands for payment, Defendant refuses to pay Defendant the sums due and owing. FIRST COUNT - BREACH OF CONTRACT 20. The allegations of the proceeding paragraphs 1-19 are incorporated herein by reference as though set forth herein at length. 21. Defendant's request for goods and services provided herein and Plaintiffs agreement to provide those goods for valuable consideration constitute a valid and binding contract between the parties. 22. The Terms and Conditions were applicable to and governed each of the transactions alleged herein. 23. Despite Plaintiff's complete performance under the contract between the parties, Defendant has breached the contract by failing to tender payment thereon. 24. 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 amount of $1,281.59, plus continuing accrued interest thereon. WHEREFORE, Plaintiff demands judgment against the Defendant: a. for compensatory damages in the amount of $1,281.59 plus continuing accrued interest and costs of this action; and b. for attorney's fees; and c. 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 - PLEAD IN ALTERNATIVE 25. The allegations of the proceeding paragraphs 1 - 24 are incorporated herein by reference as though set forth at length. 26. Defendant, as stated herein, requested the custom goods from the Plaintiff. 27. The Plaintiff fully filled the orders requested by the Defendant, who knew Plaintiff would expect payment therefore. 28. The market value of the goods and services ordered by Defendant is $1,109.00. 29. 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 $1,109.00 plus continuing accrued interest and costs of this action; and b. for attorney's fees; and c. any other relief deemed appropriate and just by the Court or to which the Plaintiff is entitled as a matter of law. 4 THIRD COUNT - ACCOUNT STATED 30. The allegations of the proceeding paragraphs 1 - 29 are incorporated herein by reference as though set forth herein at length. 31. Plaintiff maintains a book account regarding Defendants' purchases. According to the records, Defendants owe Plaintiff the sum of $1,281.59 for goods and services requested by Defendant. 32. The funds due and owing Plaintiff by the Defendant are fair and reasonable for the goods and services provided. 33. 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 $1,281.59 plus continuing accrued interest and costs of this action; and b. for attorney's fees; and c. 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: 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 5 Exhibit "A" 01/18/2008 02:18 7177612343 THE LADYBUG PAGE 01103 .f 01 OF Terms and Conditions T'ble toRowbs termini and mseditbm aPky to A Rralxftt bets+eeu you (ltertxila, "ReriilerANVer"), the ulolder0ju4 end ABegro Deftas, LLC d/b/a The x.mdybug CoUccOm (bemh4 "Allejro" )l 1, TERM. Allegro mncrvw the right W place any seoount on a C.U.A.-basis at anytimo without notice. Wo do offer molit card teasru and PUMPSYMMt. 2. QBMM, AU orders ere considered trade to order. Orders must be faxed. phoaa orders will not be accopim4 Please allow 6-8 wwb for delivery. Rush delivery under 6 weeks is available Pow an additional chmga. A contfn=dm will he faxed witldn 2 days of 41 orders ptttm& No eonftmedons will be sent for ordarr without fax numbers on them. If you do not receive a conrumadon, the order should be eonsiderad not placed. 31 itgn: Absoivlaiy No Rostusals; in the evastt of refused rnemhendise upon delivery, Rawler/Buyer's account will antornatieally be placed on WW sums and no orders will be shipped turtil the reaper is rmolved. There will oleo be a treft" foe of $$0.00 and freight chars" apphad. In the event of nrwnel to Woopt delivery of mncissndise, RetailerMtsyrx will he re7msible for cat of rnarchw4se and any nwenary reasonable coilecdom cow, including interest calculated at 16% per annum, court oo is surd attorney's fees incutrrd by cgro. 4. r There will be a $45.00 charge for each returned check, The Retailer/Buyer will be responsible for the full balance of any Invoke and all fen accrued including, but not llrtdsed to, imorest calculated at 16% per annum, as wall as any necessary mexonWo collections coca, including court costs and attorney's fam incurred by Allegro. Allegro reserves the right to refer any ntanrned abecks to aadwrides for prosecution. s. $ISTU : A.) Upaa delivery, RatallerBuyer is responsible for the inspections of all memhandisa. Any problems mint be repurted within three (3) d kw shor the receipt of said mattdt loft. The LW *mg CoUection is not responsible for nay dys lot or fabric variatiow. The Ladybag C04lsCdM Is not responsible for any raeuans if rot wAIf ad wWm rite 3-day grsce period, B.) No awAifimxfisa will he aged ferr warn without our slven ReNm Marehandise Authcoir•,ation (RATA) number. No axcapdons will be made. C;.) There will be pQ refunds or exchanges on special orders. S. j;ANGer r. aTrn a: All orders ate cost ieI It i P made to order. The RataikNBuyier her the right to cencel any order within 72 boors ileum the taints it was pUoed in writing. Verbal cancellations will riot be accepted. 9. : All orders wilt be shipped UPS-ground unless o0wwisc specified on your order corrftrmsdon. Insuranaw, shipping and handling charges we the customer's responsibility. No discounts for freight willbe accepted. 10. in ostler to mai inin the i=p of The .Ladybr:g Collevion, no stare is to evert advertise our ma4am4oc on die Ia amot st discounted prices. We do nor support erase who MU dbor:tiy aver the krlearrul. This practim aadMMttcs our fail-service retailers. 11. Ali rnmpktion dates must bo homed as stated on the order or sooner. The Ladybug Collserfon is not responsible for any delays due to shlpping, rnanufachuing, or natural disasters. 12. The WdyAug Colkolon reserves the right w refuse to do business with ta:y Buyer or Retailar m way time. 13. T?re Ladybug Cv11wm*m reserves the right to close any account withoat arty reason at any dints. 14. 't'he person or parsons sipping this contract gives permission to be held persongy respo tsible for all ormswxh% debt. This may result in a lien "*not pettronai or red property. 15, The RataikaBuyer agraas w be govcmed by the laws of the Commonwealth of Pennsylvania, the Commonwealth of Pennsylvania for any ttxrisaedorral dis ith Allegro. E&'O? Store Name: Rwilet/Bu cono+'ents to the jurisdicdon of +G. 01-18-2008 14:12 ARCHER AND ARCHER PC 7172338675 PAGaE1 Exhibit "B" 01/16/2088 02:18 7177612343 P.O. BOX 734 Camp Hilt PA 17011 A Step Above The Fountains Retail Center 480 E. Carmel Drive Carmel, IN 48032 Phone: FAX. 317-733-4340 PA # stock Terms •' cod 2023 ' Maize size 10 '000 COG Shipping and ... Shipping and Handling Refusal Refusal Fee 'Storage Fee Shipping and ... Shipping and Handling Jan 15th 20086 ! Sable with pink size 12 2032 Fuchsia sage size 6 2033 E Celedon size 7 1062• 1157 ivory with champagne size 4 1130 Gold size 3 1099 sage with ivory size 3 upcharge 'Change shantung sash to satin 1142 pink with green size 5 1152 Ivory with per! size 8 upcharge ; Change shantung sash to satin ;1067 eggplant size 4 1140 ivory with champagne size 6 Interest Collections Fee Date 12/27/2007 invoice # 12802 A Step Above The Fountains Retail Center 480 E. Carmel Drive Carmel, IN 46032 [Sales Rep Ship Date 12/27/2007 Due Date 12/27/2007 1rlowe info@Wybugcolleefion.com ihone* (717) 761-2344 www.ladybugcollection.com FAX * (717) 761-2343 01-18-2008 14:13 ARCHER AND ARCHER PC 7172338675 THE LADYSUG CnL!ECT^ PAGE 03103 69.00 89.00 ' 9.00:, 9.00 13.00 13.00 50.00; 50.00 30-00' 30.00 25.001 25.00 89,00 89.00 69.00 69.00 79.00 - 79.00 99.00. 99.00 96.00 95.00 99.00; 99.00 95.00' 95.00 10.00: 10.00 95.00, 95.00 ; 79.00 79.00 10.00 10.00 95-00. 95.00 79.00: 79.00 190.24: 190.24 551.701 551.70 Total $1,930.94 Paltynwnts /Credits $0.00 Balance Due $1,930.94 PACE3 , 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 Pq Thomas A. Archer, Esquire Y 10 -r _ 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. A STEP ABOVE BRIDAL SALON, LLC and SANDRA J. MANCE Defendants. TO PROTHONOTARY: DOCKET No.: 08-4466-Civil Term CIVIL ACTION -LAW : JURY TRIAL DEMANDED PRAECIPE 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 r^?J 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 717-2e•-2a? 14:15 ARCHER AND ARCHER PC 7172338675 ? PAGE2 VERIFICATION 1, William Jupitr., hereby verify that the statements made in the foregoing complaint are true and correct to the best of my knowledge, information and belief. 1 undersm W 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 .. llimn aupiti 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: A Step Above Bridal Salon, LLC and Sandra J. Mance 480 East Carmel Drive Carmel, IN 46032 Date: September 2, 2008 Jessica R. Porter, Paralegal CA) r It 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.: 08-4466-Civil Term A STEP ABOVE BRIDAL CIVIL ACTION -LAW SALON, LLC and SANDRA J. MANCE JURY TRIAL DEMANDED Defendants. : PRAECIPE TO SETTLE, DISCONTINUE AND END TO: PROTHONOTARY Please mark the above case as settled, discontinued and ended with prejudice. DATED: January 27, 2009 By: / Thomas A. Archer, Esquire 2515 North Front Street P.O. Box 5056 Harrisburg, PA 17110-0056 (717) 233-8676 Attorney for Plaintiff ti 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 Praecipe to Settle, Discontinue and End upon the person(s) stated below, via U.S. First Class Mail, addressed as follows: A Step Above Bridal Salon, LLC and Sandra J. Mance 480 East Carmel Drive Carmel, IN 46032 Date: January 27, 2009 Jessica R. Porter, Paralegal ?' ?? ? ' __ - :... c_.. =? ??? ., ?4. "' ;'?1 - Ca ? `=J _.r `,