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Home My WebLink About01-4722FURNLEY ENTERPRISES, 1NC., Plaintiff K1NER'S EXCAVATING, INC., Defendant : IN THE COURT OF COMMON PLEAS FOR : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NOTICE 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 for 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. Dated: August 7, 2001 Cumberland County Bar Association ~'~ 2 Liberty Avenue J ] Carlisle, PA 17013 By..X"~j ' JERI~~,ESQUIRE 2~rN. High StreW, PO Box 116 ~Ouncarmon, P~17020 J (717) 834-30g"/ Sup. Ct. ID#: 47624 Attorney for Plaintiff FURNLEY ENTERPRISES, INC., Plaintiff K1NER'S EXCAVATING, INC., Defendant IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA NO. Ot- CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Furnley Enterprises, Inc., is a Pennsylvania corporation with offices at 291 Sawmill Road, PO Box 69, Duncannon, Pennsylvania, 17020. 2. Defendant Kiner's Excavating, Inc., is a Pennsylvania corporation with offices at 1276 Armstrong Valley Road, Halifax, Pennsylvania, 17032. 3. Beginning on November 2, 2000, and continuing on a regular basis until December 12, 2000, Defendant purchased goods and merchandise from Plaintiff, in particular shale for delivery to a project in Cumberland County. 4. During the time the Defendant purchased this shale, Plaintiff maintained books of account, keeping an accurate and running account of all debits and credits for the sale of goods and merchandise to the Defendant. 5. On or about July 7, 2001, Plaintiff submitted Defendant a written account accurately showing all debits and credits for his transactions with Defendant. A copy of the written account is attached as Exhibit A. 6. On that date, Defendant agreed with the Plaintiff that the account was true and correct and that the Defendant was indebted to the Plaintiffin the sum of $12,286.64, the amount showing in the account as owing. 7. Although a demand has been made, Defendant has failed to pay any or all part of the sum of $12,286.64. WHEREFORE, Plaimiffdemandsj udgment against Defendant for $12,286.64 with costs and interest from July 7, 2001. Dated: August 7, 2001 Respe~ Jerry A. Ph'll~quire ' / Supreme C)~firt ID #47624 ~ // 227 No.~igh Street, PO ~ox 116 Dunc~o~n, P.A.17~20 ey for plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§4909, relating to unswom falsification to authorities. Gary Felt~ g x~ FURNLEY ENTERPRISES, INC. 291 Sawmill Road P.O. Box 69 Duncannon,, PA 17020 (719)957-3261 FX:(717)834-4429 Kinor Excavating 1276 Armstrong Valley Road Hali£dA, PA 17032 STATEMENT DATE: 7/ 7/01 ACCOUNT NUMBER: KINER PAS';' 1 STATEMENT OF AECOUNT CHARGES 11/ 1/00 OPF/~ING~C£ 11/6/00 00990787 INVOICE 48,000.00 11/27/00 00990791 INVO1T. E 960.00 11/29/00 00990797 INVOICE 24,000.00 12/ 6/00 00990812 INVOICE 406.25 12/ 7/00 00990787 Fiance Charges 720.00 12/ 8/00 00990814 INVOICE 487.50 12/ 8/00. 00990813 INVOICE 8,560.00 12/14/00 00990822 INVOZC$ 1,316.25 12/27/00 Finance Char~ea 14.40 12/29/00 Fiance Charges 360.00 12/30/00 00002531 Pal~ent on account 1/ 7~01 Finance Charges 280.80 1/ 9/01 Finance Charge 13.41 1/22/01 Finance Charges 442.35 1/27/01 Finance C~arge 16.62 2/ 2/01 00002587 Payment on Account 3/ 6/01 Finance Charge 171.00 4/ 6/01 Finance Charge 173.64 5/ 6/01 Finance Charge 176.25 PAYMENTS 30,000.00 44,172.38 RALANCE 0.00 48,000.00 48,960.00 72,960.00 73,366.25 74~086.25 74,573.75 83,133.75 84,450.00 84,464.40 84,824.40 54,824.40 55,205.20 55,118.61 55,560.96 11,405.20 11,576.20 11,749.92 11,926.17 CONTINUED ON NEXT PA~E 1.5% Interes~ after 30 days. Plus all legal fees accumulated. FURNLEY ENTERPRISES, INC. 291 Sat~l~/ll Road P.O. Box 69 Duncannon,, PA 17020 (717)957-3261 FX:(717)834-4429 1276A~stronq Valley Road Hall£ax, PA 17032 CONTINUED FROM PREy~'OUS PAGE STATEMENT DATE: 7/ 7/01 ACCOUNT NUMBE~: KINER PAGE 2 6/ 6/01 7/ 7/01 STATEMENT OF ACCOUNT Finance Cha~ge$ Finance Charges CHARGES PAYHF21TS BALANCE 178.89 161.56 12,105.06 12,266.64 AMOUNT DUE: $12,286.64 Current 31 - 60 61 - 90 161.56 178:69 176.25 90+ 11,749.92 TOTAL DUE 12~266.64 1.5% Interest after 30 days. Plus all legal fees accumulated. O o~ o~ d SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-04722 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FURNLEY ENTERPRISES INC VS KINER'S EXCAVATING INC 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: KINER'S EXCAVATING INC but was unable to locate Them in his bailiwick. deputized the sheriff of DAUPHIN County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On August 24th , 2001 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin Co 18.00 9.00 10.00 33.00 .00 70.00 08/24/2001 JERRY PHILPOTT R'. Thomas Kli~e Sheriff of Cumberland County Sworn and subscribed to before me this ~o~ day of _ff'J)~/.o~' ~3/ A.D. ~ ; Prothonota~y// Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile ChiefDeputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: August 21, NOTICE & COMPLAINT KINER'S EXCAVATING INC to LES KINER, PERSON IN CHARGE : FURNLEY ENTERPRISES INC vs : KINER'S EXCAVATING INC Sheriff's Return No. 2237-T - - -2001 OTHER COUNTY NO. 01-4722 2001 at 8:30AM served the within upon by personally handing 1 true attested copy(les) of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 1276 ARMSTRONG VALLEY RD. HALIFAX, PA 17032-0000 Sworn and subscribed to So Answers, before me this 21ST day of AUGUST, 2001 ~gJ~ Deputy Sheriff Sheriff's Costs: $33.00 PD 08/16/2001 RCPT NO 153202 PRYOR In The Court of Common Pleas of Cumberland County, Pennsylvania Furnley Enterprises Inc. VS. Kiner ' s Excavating Inc. serve s~ne NO. 01 4722 civil NOW~ August 9, 2001 hereby deputize the Sheriff of Dauphin , I, SHERIFF OF CUMBERLAND COUNT-T, PA, do County to execute thi s Writ, this deputation being made at the request and risk of the Plaintiff. Sheriffof Cumberland County, PA Now, within Affidavit of Sera,ice , 20 a~ o'clock M. served the upon by handing to a and made lmown to copy of the original So answers, the contents thereof. Sworn and subscr/bed before me this day of ,20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT Fl !RNLEY ENTI~]~PRISES~ INC., Plaintiff KINER'S EXCAVATING, 1NC., D e fend ant ,I iR1 . PHILPOTT, ESQUIR III PROSSER, ESQUIRE IN THE COURT OF COMMON P LEAS FOR CUMBERLAND COUNTY, PENNSYLVAN IA NO. 01-4722 C1VIL ACTION - LAW 10. I1. 12. 13. REPLY No response required. Den icd, but admitted that defendant never executed any separate document specifically agrcemg to pay 1.5% interest. Defendant made partial payments on invoices which bom the l egend"l.5% interest after 30 days" and neverprotested the addition ofintercst to his bills. Denicd. but admitted that defendant never executed any separate document specifically a~'ccing to payplaintiff' s accumulated legal bills. Defendant made partial payments on m¥oiccs x~ hich bore the legmd 1.5 Vo interest at, er 30 days plus all lcgal fees accumulated and never protested the charging of legal fees. Admitted. Denied bolh as a legal conclusion to which no response is required and as a thctual avcnncBt. Denicd as stated, but admitted that the initial "Proposal trod Contract" that plaintiff temtcrcd on October 31, 2000, and that defendant accepted on Novcmbcr 1, 2000, stated: "Payment 30 days at~er billing". See Reply Exhibit A attached hereto and incorporated herein by reference. Subsequent deliveries of shale were made pursuant to written orders from defendant. The initial invoice was on November 6, 2000 as stated on Plaintiff's Complaint Exhibit A. 14. Denied both as a legal conclusion to which no response is required and as a factual averment. However, assuming defendant's answer paragraph 14 to be an accurate statement, it should be noted that defendant had received invoices for delivery of shale totaling $83,730 as of December 14, 2000, and has paid only $74,172.38, leaving an unpaid balance of $9,557.62 on which the accumulated simple interest at 6% as of the date of this reply would be approximately $500, making the total balance even by defendant's calculations to be over $10,000. WHEREFORE, Plaintiffdemands . with costs and interest from July 7, 2001. Dated: October 18, 2001 ,. High t, PA I verify that the statements made in this Reply to New Matter are tree and correct. I understand that false statements herein are made subj eot to the penalties of 18 P a.C.S. § 4909, relating to unswom falsification to authorities. ~ 3O