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Home My WebLink About09-0026 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff CIVIL ACTION -LAW EDWARD S. WILLIAMS, individually and as sole proprietor, d/b/a WILLIAMS CAULKING COMPANY Defendant 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 and 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff CIVIL ACTION -LAW v. NO. EDWARD S. WILLIAMS, individually and as sole proprietor, d/b/a WILLIAMS CAULKING COMPANY Defendant AVISO LISTED HA SIDO DEMANDO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar action dentro de los proximos viente (20) dias despues de la notification de esta Demanda y Aviso radicando personalmente o por medio de un abogando una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra soya. Se le advierte de que si usted falla de tomar action Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra soya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos impotantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A LINO, LLAME O VAYA LA SIGUIENTE OFICINA PARR AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMBERS 1sT FEDERAL CREDIT UNION Plaintiff v. EDWARD S. WILLIAMS, individually and as sole proprietor, d/b/a WILLIAMS CAULKING COMPANY Defendant CIVIL ACTION -LAW NO. ~ 9 . ~ (, C jv, ~ f tCn1 COMPLAINT AND NOW comes the Plaintiff, Member's 1St Federal Credit Union, who files the instant action against Defendant, Edwazd S. Williams, individually and as sole proprietor, d/b/a Williams Caulking Company, of which the following is a statement: IDENTITY OF THE PARTIES 1. Plaintiff, Member's 1St Federal Credit Union ("Members 1St") is a federal credit union organized, licensed, and existing under the laws of the Commonwealth of Pennsylvania with an address of 5000 Louise Drive, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Edwazd S. Williams ("Williams"), is an adult individual and a sole proprietor d/b/a Williams Caulking Company, who resides at 310 Robin Hood Road, Dillsburg, PA 17019. ,. FACTS 3. The averments of Paragraphs 1 though 2 are incorporated herein by reference as if set forth in full. 4. On or about April 13, 2005, Members 1st issued a revolving line of credit to Williams as sole proprietor of Williams Caulking Company based on the information contained in a Business Loan Application ("Loan Agreement") signed by Williams as an applicant and personal guarantor; a true and accurate copy of said Agreement is attached and made a part hereof, and marked Exhibit A 5. The Loan Agreement extended a revolving line of credit to Williams Caulking Company, subject to the terms of the Loan Agreement; a true and accurate copy of said terms is attached and made a part hereof, and marked Exhibit A. 6. Three VISA Credit Cards were issued based on the revolving line of credit to: a. Defendant Edward S. Williams, with a credit limit of $2,500.00 b. To employee, Thomas E. Wilkerson, with a credit limit of $1,500.00 c. To employee, Timothy Trostle, with a credit limit of $1,500.00 (collectively hereinafter "Credit Card Holders") 7. The Credit Card Holders used the Credit Cards to make various purchases from April 13, 2005 until approximately July 2, 2006. 8. Williams made payments toward the revolving line of credit through November 16, 2007. 9. As of November 16, 2007 no further payments have been made toward the outstanding balance on the revolving line of credit. 10. Members 1st is owed a combined outstanding amount of $8,863.84 from Williams Caulking Company. COUNTI BREACH OF CONTRACT 11. The averments of Pazagraphs 1 though 10 are incorporated herein by reference as if set forth in full. 12. By virtue of the aforementioned Loan Agreement, a valid and binding contract was created between Members 1st and Williams d/b/a Williams Caulking Company. 13. Williams has refused and neglected to pay the amount due under the Agreement and has therefore breached his obligations to Members 1st in accordance with the Loan Agreement. 14.On or about May 30, 2008 three demands were made on Williams Caulking Company by certified mail to pay the outstanding balances, and Williams has refused and neglected to pay the same on demand. True and accurate copies of said letters aze attached hereto as Exhibit B. 15. As a result of the aforesaid default, Williams Caulking Company is indebted to Members 1st in the sum of Eight Thousand Eight Hundred Sixty-Three and Eighty-Four Hundredths ($8,863.84) Dollazs, comprised as follows: a. Edwazd S. Williams, credit cazd past due amount: $3,689.54 b. Thomas E. Wilkerson, credit card past due amount: $2,195.3 8 c. Timothy Trostle, credit cazd past due amount: 2 978.92 Total $8,863.84 16. As sole proprietor of Williams Caulking Company, and as the signed guazantor on the Loan Agreement, Defendant Edwazd S. Williams is indebted to Members 1st in the sum of $8,863.84. 17. The terms of the Credit Agreement further provide for payment of Attorney's fees and costs, and a demand is made therefor. 18. All conditions precedent to Plaintiffls right to recover have been performed or have occurred. WHEREFORE Plaintiff, Members 1St Federal Credit Union, respectfully requests entry of judgment in its favor and against Defendant, Edwazd S. Williams individually and as sole proprietor, d/b/a Williams Caulking Company, in the amount of $8,863.84 with attorney's fees and costs in accordance with the agreement. COUNT II BREACH OF ACCOUNT STATED 19. The averments in Pazagraphs 1 though 18 are incorporated herein by reference as if set forth in full. 20. Beginning on or about April 13, 2005, Members 1St had an ongoing business relationship with Williams d/b/a Williams Caulking Company pursuant to which Members 1St made a loan to Williams d/b/a Williams Caulking Company, and Williams as sole proprietor and guarantor was to pay the loan in accordance with the terms of the Loan Agreement. 21. Members 1St sent statements of account to Williams regarding the outstanding balance on the Credit Cazds, which were issued at Williams' request. 22. Williams had the opportunity to review the relevant statements of account and raise any objections regazding the accuracy of the information contained therein, including, among other things the amount stated as due. 23. Williams never objected to the amounts set forth in the statements or the letter of demand. 24. Despite repeated demands, Williams has failed to make payment on the amount due. The balance remains due. 25. As a direct and proximate result of Williams' failure to pay the account as stated, Members 1St has been damaged in the amount of $8,863.84. WHEREFORE Plaintiff, Members 1St Federal Credit Union, respectfully requests entry of judgment in its favor and against Defendant, Edward S. Williams as an individual and as sole proprietor d/b/a Williams Caulking Company, in the amount of $8,863.84 with- attorney's fees and costs in accordance with the agreement. COUNT III UNJUST ENRICHMENT Plead in the alternative 26. The averments in Paragraphs 1 though 25 are incorporated herein by reference as if set forth in full. 27. By providing Williams d/b/a Williams Caulking Company with the funds from a revolving line of credit, Members 1St conferred a benefit upon Williams and Williams Caulking Company to which neither was entitled. 28. Despite demand, Williams has refused to pay the monies owed to Members 1St for purchases made with the revolving line of credit. 29. By accepting the Credit Cards, using them, and refusing to pay the amount due to Members 1St, Williams has been unjustly enriched at the expense of Members 1 St in an amount of $8,863.84 thereby damaging Members 1St WHEREFORE Plaintiff, Members 1St Federal Credit Union, respectfully requests entry of judgment in its favor and against Defendant, Edward S. Williams as an individual and as sole ,. proprietor d/b/a Williams Caulking Company, in the amount of $8,863.84 with attorney's fees and costs in accordance with the agreement. Respectfully submitted, LAW OFFICE OF DUANE P. STONE, P.C. Dated: ~ ~ " ~ ~- Q By: Duane P. tone, Esq. Attorney for Plaintiff Attorney I.D. No. 85715 8 North Baltimore Street Dillsburg, PA 17019 Ph: (717) 432-2089 Fx: (717) 432-0158 VERIFICATION The above Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in prepazation of this matter. The language of the Complaint is that of counsel and not of me. I have read the Complaint and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint aze made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: 12/U3 ~~ ~ By: Members 1 Sc Federal Credit Union ~4n~~~ 1-~ v~~rrln'?clS ~) j e ~}-; ~ n5 1"1c~ nG~ e 0 ~L~ ~ ~ c, i `~ ~ - ~~ .~ Gn ~,: a ~1 _ ~ _ -r.1 ~~ c...~ -, . J ~., f1, C:~7 _.`