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Home My WebLink About08-5196' r R.F. FAGER CO. Plaintiff V. FLASH ELECTRIC, INC. and BARRY SHIRK and SAM TURPIN, jointly and severally Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. pg - 5tq(v Civil I etrm 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 717-249-3166 800-990-9108 R.F. FAGER CO. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. FLASH ELECTRIC, INC. and BARRY SHIRK and SAM TURPIN, jointly and severally Defendant : 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 717-249-3166 800-990-9108 R.F. FAGER CO. Plaintiff V. FLASH ELECTRIC, INC. and BARRY SHIRK and SAM TURPIN, jointly and severally Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 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. (Fager), 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, Pennsylvania, 17011. 2. Defendant, FLASH ELECTRIC, INC. (Flash), is a Pennsylvania Corporation with a principle place of business situate at 4801 Charles Road, Mechanicsburg, Pennsylvania, 17055. 3. Defendant, BARRY SHIRK (Shirk) is an adult individual residing at 728 W. Oak Street, Palmyra, Pennsylvania. 4. Defendant, SAM TURPIN (Turpin) is an adult individual residing at 4801 Charles Road, Mechanicsburg, Pennsylvania. 5. Plaintiff is, and at all relevant times was, a wholesale distributor of building supplies. 6. Flash is and at all relevant times was a contractor. 1 7. On or about September 8, 2006, Flash 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". COUNTI R.F. FAGER CO. V. FLASH ELECTRIC INC. 8. Plaintiff incorporates by reference Paragraphs 1 through 7 of this Complaint as though the same were set forth at length herein. 9. Between November 17, 2007, and May 22, 2008, various products, goods, supplies, and materials (hereinafter collectively referred to as "products") were ordered by Flash. Plaintiff sold and provided the products ordered by Flash. The invoices are too numerous to be attached hereto, however invoices, shall, upon request, be supplied to Flash prior to trial. 10. The prices charged for the products sold to defendant were the fair, reasonable, and market prices of the products, and the prices that Flash agreed to pay. 11. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits for the sale of products sold to Flash by Plaintiff. 12. Plaintiff has submitted to Flash a monthly statement of account accurately showing all debits and credits for transactions with PC, the most recent statement of account shows an amount owing to Plaintiff of $39,163.58 as of July 31, 2008. A copy of the statement of account is attached hereto and made a part hereof referred to as Exhibit "B". 13. Pursuant to the terms and conditions of sale contained on the credit application which terms and conditions were agreed to by Plaintiff and Flash. Plaintiff is entitled to receive 2 reasonable attorney's fees. 14. A finance charge of 1.5% per month on past due amounts is permitted by the credit application. WHEREFORE, Plaintiff, R.F. FAGER CO. respectfully requests that judgment be entered in its behalf and against Defendant, FLASH ELECTRIC, INC. in the amount of $39,163.58, plus interest at the rate of 1.5% per month from July 31,2008, plus attorney's fees and the costs of this action, and such relief as the court deems just and proper. COUNT II R.F. FAGER CO. V. BARRY SHIRK 15. Plaintiff incorporates by reference Paragraphs 1 through 14 of its Complaint as though the same were set forth at length herein. 16. In consideration of the extension of credit by Plaintiff, Shirk individually, unconditionally guaranteed the payment of all amounts owed by Flash Electric, Inc., to Plaintiff in addition to reasonable attorney's fees and costs incurred in the collection of any amount due from Flash Electric, Inc., and referenced in Exhibit "B" attached hereto. 17. Pursuant to the terms and conditions of the Guarantee contained in the credit application, Defendant Shirk specifically agreed that: "In consideration of the extension of credit by R.F. Fager Company to the applicant named above, for the sale of goods, wares and merchandise upon credit, I/We do hereby personally guaranty to R.F. Fager Company, its successors and assigns, the payment at maturity, in accordance with the terms of sale, of the price and value of all goods, wares and merchandise sold by it to applicant named above from time to time on and after the date hereof, as well as reasonable Attorney's fees, costs and interest incurred in the collectio not any amount due hereunder...." 3 18. Despite demand, Shirk has refused to pay the past-due balance on the open account of and all sums due and owing to Plaintiff. 19. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. WHEREFORE, Plaintiff, R.F. FAGER CO. respectfully requests that judgment be entered in its behalf and against Defendant, BARRY SHIRK in the amount of $39,163.58, plus interest at the rate of 1.5% per month from July 31, 2008, plus attorney's fees and the costs of this action, and such relief as the court deems just and proper. COUNT III R.F. FAGER CO. V. SAM TURPIN 20. Plaintiff incorporates by reference Paragraphs 1 through 19 of its Complaint as though the same were set forth at length herein. 21. In consideration of the extension of credit by Plaintiff, Turpin individually, unconditionally guaranteed the payment of all amounts owed by Flash Electric, Inc., to Plaintiff in addition to reasonable attorney's fees and costs incurred in the collection of any amount due from Flash Electric, Inc., and referenced in Exhibit "B" attached hereto. 22. Pursuant to the terms and conditions of the Guarantee contained in the credit application, Defendant Turpin specifically agreed that: "In consideration of the extension of credit by R.F. Fager Company to the applicant named above, for the sale of goods, wares and merchandise upon credit, I/We do hereby personally guaranty to R.F. Fager Company, its successors and assigns, the payment at maturity, in accordance with the terms of sale, of the price and value of all goods, wares 4 and merchandise sold by it to applicant named above from time to time on and after the date hereof, as well as reasonable Attorney's fees, costs and interest incurred in the collectio not any amount due hereunder...." 24. Despite demand, Turpin has refused to pay the past-due balance on the open account of and all sums due and owing to Plaintiff. 25. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. WHEREFORE, Plaintiff, R.F. FAGER CO. respectfully requests that judgment be entered in its behalf and against Defendant, SAM TURPIN, in the amount of $39,163.58, plus interest at the rate of 1.5% per month from July 31, 2008, plus attorney's fees and the costs of this action, and such relief as the court deems just and proper. KUNDRAT & ASSOCIATES By: Jo drat, Esquire 10 treet H ley burg, Pennsylvania 17102 (7232-3755 AI.D. No. 24958 Attorney for Plaintiff Date: August 25, 2008 5 n??sy<rnnrr s 2058 State Road. Camp WA. PA 17011 P14:(717) 761.6660 Fax: (717) 761-5838 Credit Application Dasr:_??p ? Company Name : F.ShEzkE(,T12-- L ?? - As: Individual Trade name of Applicant: S/4 -7 CL T Partnersbip Street Address: 6jIZZ G/s A j-_j1.f' 2 9 7 Corporation 5C City. P7 t G. o.... i r- x k w r t State;, & Zip:__142Z#?Phone:?1??-2 p- y l y o Date Business seated: Years operated at this Wren S' 'T'ype of Business: tT : c, wa ? ?G Amount of cred.'+.t needed: 2,C' my-, 5- if clain tg exemption from State S Tax, Certifieate No: If an Individual account: See. Sec. sR Date of Birth Spouse's Name: Person to contact when account is approved:. - SA r7 ?w n Q i r? PboncN Name of Princkol (s) : ale Address Plas?& I. _jaA&&)L S1,,]c& Pl &s A_ e, A At . ?PA- tsl 2. SA en nd,11'A"Aw _Cgr, 1?s i NYu/ Gbarl d 12J_ Nf ,,*1 Y04 -72 1 -Diet/ 3. Primary Bank of CheckingAccvun Personally Itnown References: Must-include at least one Building Materials Supplier. I/We do herby authorize the Bank of Deposit act forth above to supply R.F. Fager Co_ with all financial information, it may request. In consideration of the extemion of credit by R.F. Fager Company to the applicant named above, for the sale of goods, wares aAd merchandise ulm credit, I/We do hereby personally guaranty to R.F. Pager Company. it's success n4nd. assigns, the payment at marm ft in accordance with the terms of tale, of the price and. value of all goods, wares and merchandise sold by it to applicant named above from time to time on and after the date hereof, as well as reasonable Attorney's fees, costs and interest incurred.ia the collection of any amount due hereunder. This guaranty shall remain in full force and effect unless and until withdrawn by My/Our giving tea (10) days written notice of the widulrawal of this guaranty to R.F. Fager Company. Notice of acceptance of this guaranty and non-payment at maturity are hereby waived. In witness wbereof, and intending to be legally bound here by, Uwe have bercunto set My/Our hands and seals this rt-A day of _S t P % Zo ad Signature: --r Title:?l` .Signature: Tilde: f"/7-40-41, --- Signature: rtle: 1+. Remo ts: 15:22 717-761-5639 RF FAGER CO R. F. FAGER CO. 2058 STATE RD. CAMP HILL PA 170,11 717-761-0660 Fax 717-761-6428 CUSTOMER FLASH ELECTRIC 4801 CHARLES ROAD MECHANICSBURG, FA 17055 Statemewt REMIT TO: R. F. FAGER CO. 2058 STATE RD. CAMP HILL PA 17011 717-761.0660 STATEMENT 1MTE COST NO• 07/31/08 382 PAGE NO. 1 Of 3 BATE INVOICE NU16ER PURCHASE =6 NUMBER INVOICE NQJKT PAYMENTS/CREDITS HET DUE 11/3. 7 07 SA188325.001 RM 121 122 175.39 254.99 11/21/07 SA190387.001 RM 125 039.61. 1 11/21/07 SA190388.001 RM12-6 , 58.79 11/27/07 SA191819.001 RM 122 121.19 1 11/30/07 SA193824.001 RM 127/128 , 364.50 11/30/07 SAS08633.001 Serv Chrg 195.60 12/01/07 SA194376.001 R14 127/128 781.62 12/06/07 SA195884.001 RM 3.24 54.71 12/07/07 SA19-6765.001 498.68 12/07/07 SA196766.001 RM 123 2,024.81 12/12/07 SA198382.-001 RM 119 120.17 12/12/07 SA198383.001 RM 3.28 1,968.74 12/14/07 SA1.99970.001 RM 121 1,645.12 12/15/07 SA200540.001 RM 121 974.31 1 12/20/07 SA203015.001 RM 3.25 , 126.63 12/21/07 SA203353.001 RM-STOCK 61.12 12/27/07 SA204423.001 RM 125 1,119.0-5 12/29/07 SA205603.001 RM 155 450.50 12/29/07 SA205929.001 RICIIMAR 377.51 12/31/07 SASOB979.001 Serv Chrg 046.35 2 01/03/08 SA207139.001 RM 120/123 , 343.31 01/04/08 SA207818.001 W123 5.78 01/05/08 SA208384.001 111-MERLIN 204.58 01/05/0& SA208385."I -W120 -39.86 01/05/08 SA208386.001 RM125 502.47 1 01/08/09 SA209393.GG1 RM-120-/1Z7 , 235.89 01/09/08 SA210457:.001 RM STOCK 23.06 01/10/08 SA211122'.001 RM STOCK 33.89 01/10/08 SA211123.001 STOCK 5.91 1,02 01/11/08 SA211124.QQ1- RM 'L2-2 61.90 DAYS AV FUTURE :CURRENT 31.60 DAYS WE 90 DAYS 138/19/211118 15:11 R. F: FADER CO. 2058 STATE RD. CAMP HILL FA IM1 717-761-0660 Fax 717-761-6428 CUSTOMER FLASH ELECTRIC 4801 CHARLES ROAD MECHANICSBURG, PA 17055 Statement REMIT TO: R. F. FADER CO. 2058 STATE RD. CAMP HILL PA 17011 717-761-OW STATEMENT DATE COST NO. 07/31/08 382 PAGE NO. 2 of 3 DATE IWVDICE MRRIER PURCHASE ORDER MISER INVOICE MOT PA1 WS(CREDITS MET DUE 01 3 08 4AS09341.001 Serv Chrg 504.6 064.67 1 7 02/05/08 SA222502.001 RM 122 , 11 02/11/08 SA225884.001 2002 LONDONDERR - . 13 36 02/11/08 SA226183.001 200 16 1 . 79a-18 1 02/14/08 SA227437.001 RM 128 . 1 50 450 02/20/08 SA230026.001 RICHMAR . 457.63 1 02/20/08 SA230027.001 RN 154 , 2'77 02/21/08 SA230657.001 RM 450.50 02/25/08 SA2315a8.041 RICKMAR 93 12 02/25/08 SA231909.001 RICMMAR 121 . 400.73 1 02/25/08 SA231511.0OI RM 156 , 287 40 02/25/08 SA231912.001 RM-STOCK . 2.77 02/25/08 - SA211-913 _001 RNL 31.29 02/28/08 SA234573.001 RM 156 441 08 02/29/08 SAS09687.001 Serv Chrg . 0 86 02/29/08 SAS09688.001 Seri, Chrg . 450.50 03/05/08 SA236402.001 RICHMAR 600'22 03/05/08 SA236403.001 RM 166 450.50 03/07/08 SA237427.001 RIC1MAR 30- 485 03/07/08 SA237428.001 RM 162 . 203.73 03/08/08 SA238254.001 RM 132.49 03/10/08 SA239002.001 RM 162 177.52 03/11/08 SA239343.001 RM - 93 16 03/12/08 SA240379.001 RK STOCK - 5.21 45 03/14/08 SA240990.001 RIC104AR 68 695 03/14/08 SA241309.0-01 RM 164 . 171.55 03/20/08 SA244305.001 BV 40 414 97 03/31/08 SAS00042.001 Serv Chrg . 0 67 03/31/08 SAS00043.001 Serv Chrg ' 352.38 04/01/08 SA249653.003. 2002 WARREN ST. 111-751-5839 RF FAGER CO PAGE WPM R: F. FAGER CO. 2058 STATE RD. CAMP HILL PA 17011 717-761-0660 Fax 717-761-6428 CUSTOMER FLASH ELECTRIC 4801 CHARLES ROAD MECHANICSBURG, PA 17055 Statement REMIT T0: R. F. FACER CO. 2058 STATE RD. CAMP WILL PA 17011 717-761-0660 STATEMENT DATE CUST N0. 07/31/08 382 PAGE NO. 3 of 3 DATE )NYOICE NUMBER PURCHASE OROER NUMBER INVOICE AMOUNT PAYlEMIM/CREDITS NET DUE 04708/09 SA252716.001 RM 2.24/126 4,169.91 04/11/08 SA255552.001 RICkrMAR 194.79 04/16/08 SA257492.001 RM 73.79 04/18/08 SA258178.001 COMMONS 99-06 04/30/08 SAS00406.001 Sent., Chrg 475.32 04/30/08 SAS00407.00-1 Serv Chrg 1.12 05/22/08 SA275489.001 WARRANTY 6.00 05/31/08 SAS0075a.001 Serv Chrg 558.001 , 05/31/08 SAS00751.001 Serv Chrg 5.18!. 06/30/08 S1019307.001 Serv Chrg 524.56 07/31/08 51035167.001 Serv Chrg 524.56 524.56 FUTURE CURRENT 31,60 DAYS 61.90 DAYS OVER 90, ws. 0.00 5 56 524..56 569.: -5,2? All past due balamoa -nb2:eat to -FZ 0MIR E68 Q£. 1-50% "r m0u"- I, William E. EaMA, authorized agent of R. F. Falter Co., Inc., do hereby veiny that the facts Be forth in the foregoing Plaintiffs 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. Section 4904 relating to unworn falsification to authorities. William E. Eastol., k c' 7 U1 .d c, n; SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05196 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R F FAGER CO VS FLASH ELECTRIC INC 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: SHIRK BARRY but was unable to locate Him deputized the sheriff of LEBANON in his bailiwick. He,therefore County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 22nd , 2008 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: So answe Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Lebanon Co 59.20 Sheriff of Cumberland County Postage 1.69 85.89 ? ?o?o??o? C?,? 09/22/2008 KUNDRAT & ASSOCIATES Sworn and subscribe to before me this day of A. D. A CASE NO: 2008-05196 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R F FAGER CO VS FLASH ELECTRIC INC ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the FLASH ELECTRIC INC DEFENDANT at 1822:00 HOURS, on the 2nd day of September, 2008 at 4801 CHARLES ROAD MECHANICSBURG, PA 17055 by handing to ROBIN TURPIN ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 .00 A/D2/0 1, vl' 40.00- Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/22/2008 KUNDRAT & ASSOCIATES By: De uty Sheriff of A. D. CASE NO: 2008-05196 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND R F FAGER CO VS FLASH ELECTRIC INC ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TURPIN SAM the DEFENDANT at 1822:00 HOURS, on the 2nd day of September, 2008 at 4801 CHARLES ROAD MECHANICSBURG, PA 17050 ROBIN TURPIN, WIFE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 ? .00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/22/2008 KUNDRAT & ASSOCIATES By: Deputy Sheriff of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania R.F. Fager Co vs. Flash Electric Inc et al SERVE: Barry Shirk No. 08-5196 civil Now, September 2, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of 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, within upon at by handing to a and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 copy of the original COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA 20 , at o'clock M. served the NOTICE & COMPLAINT No. 2008-01395 Return To: Cumberland County R. F. Fager Co. VS. Kundrat & Associates John S. Kundrat, Esquire 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Barry Shirk STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Docket Page 28130 William Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within NOTICE & COMPLAINT upon BARRY SHIRK the within named DEFENDANT, by handing a true and attested copy thereof, personally to him on September 4, 2008 at 11:00 A.M., at.728 West Oak Street, Palmyra (Palmyra Borough), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me SO ANSWERS, day of September, 2008 J/Vawry Public NOTARIAL SF.AI. lk LymWU StmW NoW?yPalt My ems- ? ExpkmAp 12 4ta;;-AO& it DEPUTY SHERIFF -7k6e,??- it SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 09/03/2008 Check No. 1963 Amount $ 100.00 Costs Incurred: Amount $ 59.20 Amount of Refund: Check No. Amount $ 40.80 r. All Sheriffs 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 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 FrLED-0'_4TARY r? TKr t.? 24 Pty 3: 59 FENNSYLVANA R.F. FAGER CO. Plaintiff V. FLASH ELECTRIC, INC. and BARRY SHIRK and SAM TURPIN, jointly and severally Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5196 CIVIL ACTION -LAW PRAECIPE TO WITHDRAW COMPLAINT TO: Prothonotary, Cumberland County Kindly mark the Complaint in the above matter withdrawn with prejudice and costs to Plaintiff. Respectfully submitted, KUNDRAT & ASSOCIATES By fohn S. Kundrat Attorney for Plaintiff PA ID 24958 107 Boas Street Harrisburg, PA 17102 (717) 232-3755 Dated: July 22, 2010