HomeMy WebLinkAbout08-4917
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL ACTION
Scott A. Ferris
Plaintiff
V. }
William N. Gray )
Defendant }
7&.6r. y9j? lA;LF%e -
COMPLAINT
COMES NOW, Scott A. Ferris, Plaintiff, and files this Complaint for monies owed to
him by William N. Gray, Defendant.
The facts of the case are as follows: ??
About June of 2005, I learned of a potential business opportunity with Mr. Gray, and we
initially spoke by telephone. Mr. Gray told me that he had a contract with U.S. Assembly
delivering and assembling fitness and sports equipment for Dicks Sporting Goods
throughout southeastern Pennsylvania. Mr. Gray described the work involved and
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discussed the income potential. I was interested and agreed to accompany Mr. Gray for a
few days to observe the type of work involved.
I accompanied Mr. Gray on 2-3 deliveries and subsequently agreed to work for him. It
was at that time Mr. Gray and I discussed a payment agreement, and Mr. Gray provided
me with a hard copy of the pay schedule reflecting our agreement. (Exhibit A).
Initially, I delivered and assembled sports and fitness equipment, and Mr. Gray paid me
as agreed. However, on or about December of 2005 Mr. Gray did not pay the full amount
owed. Mr. Gray promised to make up the missing payment, which he did a few weeks
later, however this pattern continued. But, since Mr. Gray eventually "caught up" I
continued to work for him.
Around March of 2006 business picked up significantly, and Mr. Gray was able to get
caught up on the money he owed me. However, a few weeks later, Mr. Gray began
short-paying me again. I continued working for Mr. Gray believing that, as had
happened in the past, he would eventually get caught up on the payments.
As the weeks went on, Mr. Gray fell further and further behind in paying. In Fact, Mr.
Gray eventually fell so far behind in paying I was no longer able to afford the costs of
delivery (i.e. equipment rental for installation, fuel and turnpike tolls, etc.) I told Mr.
Gray that I could no longer afford to work for him.
By the beginning of August 2006, Mr. Gray owed me $12,159.00. However, business
was still booming, and on August 4, 2006 Mr. Gray wrote me a check for $800.00 and
convinced me to continue working for him. I tentatively agreed, however on
August 17, 2006 I received notice from my bank that Mr. Gray's check had been returned
for non-sufficient funds. On August 18, 2006 I notified Mr. Gray that I was terminating
our agreement.
Mr. Gray pled guilty to (1) charge of bad checks (3rd or subsequent offense) and was
ordered to make restitution in the amount of $900.00 (the amount of the check plus
$100.00 in bank fees)' by January of 2008 for the August 4"' check (Court of Common
Pleas, Cumberland County CP-21-CR-0137-2007). I have only received $200.00 from
those proceedings.
WHEREFORE, I am asking for judgment for court costs plus monies owed as follows:
Work performed: $12,159.00
Bank charges: $ 809.91
Restitution deducted: $ 200.00
Total amount owed: $12,768.91.
I swear that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to penalties under Pa. C.S.
§4904 relating to unworn falsification to authorities.
Submitted this 157day of August, 2008,
Scott A. Ferris
1 I incurred an additional $709.91 in bank fess over and above the $100.00 related to the criminal plea.
,6VVV 3 G c #j _ y )6 00
,ry? 1 ??j 6 2!' !/ 3 p U " ? v gyp. ?; /
DICKS SPORTING GOODS TECH SCHEDULE
Tf y k? ?'G ,?(
PRODUCT DLVRY ASSY D&A 2"DnFr. 2NDAROW
$35 $35 $45 $10 $10
$35 $35 $45 $10 $10
$35 $70 $75 $10 $65
$35 $100 $115 $10 $95
$35 $55 $65 $10 $30
$35 $60' $75 $10 $40
$35 $125 $145 $10 $115
$35 $140 $150 $10 $140
$35 $50 $65 $10 $30
$35 $50 $65 $10 $30
$45 $50 $75 $10 $30
$55 $75 $95 $10 $75
$65 $100 $125 $10 $100
$65 $125 $145 $10 $125
$65 NA NA NA NA
$35 $65 $75 $10 $65
$45 $115 $125 $10 $115
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* Based on 25 mile radius from store (Add $1.00 per mile over 25 miles)
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL ACTION
Scott A. Ferris
Plaintiff )
V. )
William N. Gray )
Defendant )
AFFADAVIT OF SERVICE
I hereby certify that I have served a true and complete copy of the COMPLAINT upon all
other parties via regular First Class United States mail, postage prepaid, and certified
mail as follows:
William N. Gray
6 New Schaefferstown Road.
Bernville, PA 19506
I swear that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to penalties under Pa. C.S.
§4904 relating to unworn falsification to authorities.
day of August, 2008,
Scott A. Ferris
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL, ACTION
Scott A. Ferris )
Plaintiff )
)
V. )
William N. Gray )
)
Defendant )
08-y9 1r7
C..,V'l I Te 9 m
PETITION TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct:
(a) Name: Scott A. Ferris
P.O. Box 60715, Harrisburg, PA 17106
2 Regency Woods North, Carlisle, PA 17015
Social Security Number: 202-46-7111
(b) Employer: SHS Staffing
4 Lemoyne Drive, Ste 100, Lemoyne PA 17043
Salary or wages per month: $1083.00 gross
Type of work: Warehouse
./r
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(c) Other income within the past twelve months
Arnold Logistics
warehouse
$1500/mo gross
employment ended July 2008
Other self-employment:
$30.00 / week lawn mowing, seasonal
(d) No other household contributions
(e) Property owned
Cash: $20.00
Checking account: $200.00
Savings account: $200.00
Real estate (including home):
Motor vehicle:
Toyota, 1994 $5000.00
Saturn, 1999 $2000.00
(f) Debts and obligations
1973 mobile home, $5000.00
Rent:
$300.00/month (2 months past due)
Loans:
Members First Credit Union $88.00
Visa Members First $52.00
Visa Postmark Credit Union $47.00
Visa Bank One: $120.00
Submitted this 15th Wof August, 2008,
(g) Persons dependent upon you for support: only myself
4. I understand that I have a continuing obligation to inform the court of improvement in
my financial circumstances which would permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unsworn falsification to authorities.
Scott A. Ferris, Petitioner
C? r.?
C.TI C
P
SCOTT A. FERRIS
V.
WILLIAM N. GRAY
IN RE: IN FORMA PAUPERIS
IN THE COURT OF COMMON LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
08 - 4917 CIVIL TERM
ORDER OF COURT
AND NOW, this 21ST day of AUGUST, 2008, based on the
attached petition to proceed In forma pauperis, the request is
granted and petitioner may proceed without payment of the costs.
/cott Ferris
A lliam N. Gray
:sld J
By Court,
Edward E. Guido, J.
80 0 Vid 1 Z SM BUZ
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL ACTION
Scott A. Ferris }
Plaintiff )
}
V. ) 08-4917
} CIVIL TERM
William N. Gray )
Defendant )
PRAECIPE TO REISSUE COMPLAINT
To the Prothonotary,
Kindly reissue the Complaint filed in the above case. The Defendant moved and his
current address was just determined yesterday. The Sheriff's office needs additional time
for service.
Submitted this 0 day of Septeq&T, 2008,
Scott A. Ferris, Petitioner
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL ACTION
Scott A. Ferris )
Plaintiff )
V.
08-4917
CIVIL TERM
William N. Gray }
Defendant )
To the Prothonotary,
PRAECIPE TO REISSUE COMPLAINT
Kindly reissue the Complaint filed in the above case. The Sheriff's office in Berks
County did not receive the Complaint that was sent by Cumberland County Sheriff's
office, and a copy needs to be reissued to complete service.
Submitted this 18'b day of DecenXer, 2008,
Scott A. Ferris, Petitioner
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-04917 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FERRIS SCOTT A
VS
GRAY WILLIAM N
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:
GRAY WILLIAM N
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of BERKS
serve the within COMPLAINT REINSTATED
County, Pennsylvania, to
On January 20th , 2009 , this office was in receipt of the
attached return from BERKS
Sheriff's Costs: So answer
Docketing 18.00
Out of County 9.00
Surcharge 10.00 Thomas Kline _
.00 Sheriff of Cumberland County
00/00/0000
Sworn and subscribe to before me
this day of
A. D.
ra
K.T..
In The Court of Common Pleas of Cumberland County, Pennsylvania
Scott A. Ferris
VS.
William N. Gray 08-4917 civil
No.
Now, December 18, 2008 I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Berks 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,
within
upon
at
by handing to
a
and made known to
20 , at o'clock
copy of the original
M. served the
the contents thereof.
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20,
COSTS
SERVICE $
MILEAGE
AFFIDAVIT
County; PA
COUNTY OF BERKS, PENNSYLVANIA
SHERIFF'S DEPARTMENT
Courthouse- 3`d Floor
633 Court Street Phone: 610.478.6240
Reading, PA 18601 Fax: 610.478.6222
Eric J. Weaknecht, Sheriff Anthony Damore, Chief Deputy
AFFIDAVIT OF SERVICE
DOCKET NO. 08-CIV-4917
COMMONWEALTH OF
PENNSYLVANIA:
COUNTY OF BERKS
Personally appeared before me, MICHAEL GRING, Deputy for Eric J. Weaknecht, Sheriff of Berks.
County, 633 Court Street, Reading, Pennsylvania, who being duly sworn according to law, deposes and says
that on JANUARY 6, 2009 at 11:5 AM, he served the annexed REINSTATED COMPLAINT upon
WILLIAM N. GRAY, within named defendant, by handing a copy thereof to MARIGE GRAY, ADULT
MEMBER OF HOUSEHOLD (WIFE), at 8260 LANCASTER AVENUE, BETHEL, Berks County, Pa.,
and made known to defendant the contents thereof.
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DE TY F OF B CO.
Sworn and subscribed before me
is 9TH day of JANUARY, 2009
NOTARY PUBLIC, READING, ERKS CO., PA
NOTARIAL SEAL
REBECCA OXENREIDER
Notary Public
READING CITY, BERKS COUNTY
My Commission Expires Feb 22, 2012
Service made as set forth above.
So Answers,
SHE F OF BERKS COUNTY, PA
Sheriff's Costs in Above Proceedings
$ 00.00 DEPOSIT
$ 00.00 ACTUAL COST OF CASE
$ 00.00 AMOUNT OF REFUND
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 part liable for the costs thereof, all
unpaid sheriffs 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
Dedicated to public service with integrity, virtue & excellence
www.countvofberks.com/sheriff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL ACTION
Scott A. Ferris
Plaintiff
V.
William N. Gray
Defendant
08-4917
CIVIL TERM
PRAECIPE FOR DEFAULT JUDGMENT
To the Prothonotary:
Enter judgment in favor of Plaintiff and against WILLIAM N. GRAY for want of an answer.
( ) Assess Damages as Follows
Work performed: $12,159.00
Bank charges: $ 809.91
Restitution deducted: 200.00
Total amount owed: $12,768.91
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED
AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM
CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this
Praecipe was mailed to the party against whom judgment is to be entered, and to his ttorney of
record, if any, after the default occurred and at least ten (10) days prior to the date of the cling of this
PraPcioe. A copy of the notice is attached. R.C.P. 237.1.
o$/-'?x y 0 ?
Stt A. Ferris, Plaintiff
GO ??2 s-ri .S
Print name
This day of , a00 4 judgment is entered in favor of Plaintiff
and against Defendant, William N. Gray, by default for want of an answer and damages assessed at
the sum of $ / A, 7 G 8.? 91 as per the above certification.
t47
onota , Cumberland County
CAF ?r ??
PENN'
1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL ACTION
Scott A. Ferris
Plaintiff
V.
William N. Gray
Defendant
To: William N. Gray, Defendant
Date ?4 notice: April 27, 2009
08-4917 .
CIVIL TERM
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 (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 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.
MidPenn Legal Services
401 E. Louther
Carlisle, PA 17013
717-243-9400
'OTARY
OF THE P- <)
2009 MAY 13 PH 12: 14
CUf r? l y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY - CIVIL ACTION
Scott A. Ferris
Plaintiff )
V, ) 08-4917
CIVIL TERM
William N. Gray )
Defendant )
AFFADAVIT OF SERVICE
I hereby certify that I have served a true and complete copy of the IMPORTANT
NOTICE upon all other parties via First Class United States mail, postage prepaid, and
certified mail as follows:
7008 0150 0002 5364 9525
William N. Gray
6 New Schaefferstown Road
Bernville, PA 19506
I swear that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to penalties under Pa. C.S.
§4904 relating to unsworn falsification to authorities.
Submitted this 27th day o April, 2009,
Scott A. Ferris
ALEC- FF,'C'E.-
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