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HomeMy WebLinkAbout09-0143THIS IS AN ARBITRATION CASE AS~SSM I3 NOT REQUN~ FEAR JAMES W. ADELMAN, ESQUIRE Mail@morrisadelman.com IDENTIFICATION #02604 MORRIS & ADELMAN, P.C. PO BOX 30477 Philadelphia, Pennsylvania 215/568-5621 Hajoca Corporation 950 Township Line Road Chester PA 19013 vs. ATTORNEY FOR PLAINTIFF Hajoca Corporation 19103-8477 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION Haritha Vanam LLC 525 Third St Carlisle PA 17013 N0. ~q_ ~1~3 ~1V1~ (~ COMPLAINT-CIVIL ACTION 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 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, 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. LAWYER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Av Carlisle PA 17013 717/249-3166 JWA1229.2 1. Plaintiff is Hajoca Corporation. LLC. COUNT I Defendant is Haritha Vanam 2. At the oral instance and request of Defendant, Plaintiff sold and delivered to Defendant goods at the times, of the kinds, in the quantities and for the prices set forth in Plaintiff's books of original entry, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A". 3. Defendant received and accepted the goods described in Exhibit ..A.. 4. The prices, including service and/or other charges, if any, ` which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant agreed to pay. 5. All credits, if any, to which Defendant is entitled are set forth in Exhibit "A". 6. Although demand has been made, Defendant has failed to make payment of the amount due as above. As a result of the foregoing, there is due and owing from Defendant to Plaintiff the sum of $4,765.28, which includes attorney's fees of $1,235.50 in accordance with the credit application and/or terms of sale. JWA1229.2 WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant the sum of $4,765.28, with interest at 18% from November 25, 2008 and costs on Count I. COUNT II 7. Paragraphs 1 through 6 are incorporated by reference. 8. On or before November 25, 2008, Plaintiff delivered goods to Defendant at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, true and correct copies of which are shown as Exhibit "A". 9. Defendant received and accepted the goods shown on Exhibit "A", and benefitted thereby. 10. Defendant received the benefit of the goods from Plaintiff, and it is unconscionable for Defendant to receive those benefits without making restitution to Plaintiff. 11. It can be inferred from the acts in the light of the surrounding circumstances that Defendant implied that it would pay Plaintiff for the goods. JWA1229.2 ' 7'K N5 states that helshe is ~/S~i /G/ of --© and that the facts set forth in the foregoing Taint are trae and correct to the best of his/ her personal knowledge or information and belied and thax this statement is made subject to the penalties of 18 Pa. C.SA. 4904 relating to unsworn falsification to authorities. I}ated: zoo ~ ou xitixs~ sE ~ t:i ~nz soiszizo ~vIX -fol0-y~~f- i? (,7Z ~, APPLICATION FOR COMMERCIAL CREDIT HAJOCA CORPORATION ( _ - She Busi~3~Addrest; v ~~ ~~ U ~~ )) -iii" = 1 ~`1_ ;Bilking AtYdr~sss ~~~SK~ Sales Tax Exempt? ^ Yes- o •lf Yes, Please Attach a Copy of Vfaud Exomptlon Certificate Type of Business Proprietorship Partnership ~ Corporation L.LC Business Building is ^ Owned Rented/Lea~sed Monthly Statem squired? es ^ No It Y(gg, Bond by Tail ^ Fax ^ E-mail l.iGen3C PLEASE ATTgCH A COPY OFAPPUCANT''S IMOST RECENT FINANCIAL STATEMENT BANlC~OR SAVINQS AND LOAN gSSOC1ATI0I~il: Name ^-- ~ - - - - ~~ DE REFERENCES: • l~tY~1,c~ ~ ~~~ .u _ ~ ~o ~~siclc 8i ~~( Sit Have You Done Busine55 wide ether Hajoca Locationo? Y~ i ~o. I Phone No- • Fax No. Hagoca Corporation crealt Depti 950 Township Line Road Chester, PA 19EI13 divi ~~-uc~- ua~i ~~~~N ~cds Itf Yea, Please list: Has a Tax Lien or Civil Suit Besn Filed Against Ap icant or Any of Its Principals, Partners, Officers or Oirectore Within the Past Six Years? ~ Yes ^ NO Has Applicant or Any of Its Owners, principals, Partners, Offioerm or pirectcrs Ever Filed a Voluntary Petition in Bankruptcy or Been Adjudged Bankrupt? ^ Yes ^ No Is Applicant or Any of ft, Owners, principals, partners, OffiicerS or proctors a'Guarantor or Endorser of Debts or Notes Owed by ether? [~ Yos ^ No Are There Any Past Dua Taxes Owod by Applicant? ^Yes ^No The App11CaM acknowledges that Applicant is furnishing the infomration Procuring cretlft from time to titr>o With Hejoca Corppration hf ~1e~ he-ein, including the attached financial statement, for the purpose of corn fete star C, ii$oca~•:AppFcant -eep-esents and warrants said information is true and correct and a true and P ernent of its financial Gondltion. In t7onskiergtlplt of (~g~a ~andinOl~Oradit ~ APPbc~tt, Applicant agrees to pay for aq items delivered to or at the request of Applicant by Hejoca within thirty (3pj days f-0~1 }~ dat2 ~ Hajooar$ invei0e fonsaid item unl~;otherwise provided in writing. All accounts are tlue and payable at the remittance addross sh Hajoea invoice or dolivery ticket shill be term;, in add ~ ~ Ha)oCe invoice, ApFplicirtrrt agrees that each ar the terms and condidtns Of sale stated on the terms and conditions of this A ~ ~06a ~ °~ h~n• MW~ant hereby agrees to be bound by such terms antl conditions. Tr1e ppliration for Comrrwrctil Credit (`APP cation") and :the Hajoca irrvpiCq and delivery tickets referenced above shall supersede any purchase order submitted do Hajooa by an applicant. Applicant here of and quantity of tlw Ham(s) being purchaead are nn8 and void and Of no agroes ttttat the terms and conditions of arty purthase order other than the identity (t ~) Per month as a servioa ch p ~ effeect. Appllcartt acknowledges and agrees that f! vbA be Charged one jaercent from the invoice date, and t>~ plt~ u tO thQ maximum interest allowed ~, ilew pn any unpaid balance that has not been APPlresutit agrees to •prompt{y pay },~ servlco Ch Pfd wlthho thirty (30) days of calculating service charge and {ntereat. 7{te SaN{~ charge and interest wiial be eta, c~ ~a~nd~~ A P~ of the month is trQatsd as a full month for th® purpps® and additional service charge and interest, computed on rite same baste ,~,t7{ ~ duo: and able elv ~ m{ thirty-first (3'l ~ day after the original invoice date, and/or interest far any one month shall not ~ deemed a PaY ery rtY (30) days thereafter. Waiver of any service charge Hajoca are parties to a written Contract An "ills ~~ of futttra Charges.. Applicant fattiest agraos tliat with regard to such charges. Applicant and Iitgation or arbitration shalt be oonductep f a vs~rtue ~~~ ~ this Applr~(pn sahall ba rpsply~ by litigation Or' binding ~ttration at HaICCa's option. The b!' Hapca and in titiS overt of bind~tg arbitration, by an prbitrltion service selected by Hajoca. A single arbitrator shall preside owr the drbitration. ff the parties canna ~~ upgn a single arD{trator; the prroCetlurse of th@ Arbitratipn service selectetl by Hsjoca shalt txa used to select an arbitrator. d Hajoca retains or employs attomrys or other agencies in order to securo paynwnt of any sums due from APA4cant, including the filing of foreclosure actions on liens filed due to Appticant(~s f>~lure to make paymgnt, the Applicant agrees to pay attorney and/or 1C05H 1 of Z 7,(l '~ tb: St GflflT. RT. pad TJQTbtitn'liA: X2-I Nnnrl-iu S;OU~1 ITSL9 ON X2i/X,L] 9£~£T ~l1,L 90/8Z/ZO collection fees, costs, and other related expenses in addition to all sums due. If ttmis Appliaatian is approved, the Applicant may receive a credit limit which may or may not be in excess of the Crodit limit raquoatsd by Applicant. Should that credh Gmit be exceeded, Applicant acknowledges sole Kability for the full amourn due and owing, even if in excess of the credit limit and further acknowiledgas that Hajoca wiU have no liabiliy arising out of a credit limit being creeeded, The person(s) executing this Application for Credit on ttatalf of Applicautt hereby represent9 that helahe has authority to @xecute this Application `or Gredii on bdiatf of itte Applicant and acknowledges that if no such authority arxists that he/she, by eXQCrmng this document, becomes personalty liable under its terms. The AppGoant agroes that it wIY not factor, cal or In any way assign the debt rolatsd to the credit given under the terms of this Application. Applicant author2es Hajoca to obtain, cxedit and financial information oonceming'.the Applicant at any time and from any source. fn addition, by signing this aPDlication the ADt>ficant also autftorfzes,Haloca to contact tho on9dit neforonoes: li~4ed ~r,d hereby elves permicCipn to those raftett~nces listed to release Information aoout the undersigned's cretltt experience y~h thorn, ECOA NOTICE: THE EQUAL CREDIT OPPORTUNITY ACT (EGOA) PROHlBI1T8 CREDIT QRANTORS FROM DISCRIMINATING AGAINST CREDIT APPLICANTS ON THE BASIS OF RACE, COLOR, RQLIGION, NATIONAL ORIGIN„ SEX, MARITAL STATUS OR AGE. THE FEDERAL TRADE COMMiSS10N ADMINISTERS COMPLIANCE WITH THE ECOA. FCRA NOTICE: THE UNDERSIGNED HEREBY CONSENT(S) TO HAJOCA'S USE: OF A CONSUMER CREDIT REPORT ON EACH OF THE UNDERSIGNED INDMDUALS IN ORDER 70 FURTHER E~gLUATE THE CREDIT WORTHINESS OF THE APPLICANT IN CONNECTION WITH THE EXTENSION OF BUSINESS CREDIT AS CONTEMPLATED BY THIS APPLICATION. THE UNDERSK3NfEa HEREBY AUT'HORIZFS(~ HAJOCA TO UTIU2E A CONSUMER CREDIT REPORT ON THE UNDERSIGNED FROM TIME TO TIME IN CONNEC:710N WITH THE EXTENSION OR CONTINUATION OF THE BUSINESS CREDIT REPRESENTED SY THIS CREDITAPPLICATION, THE UNpERSIGNED A:4 (AN) INDMDUAL(Sy HEREBY ACKNOWLEDGE CONSENT 70 THE USE OF SUCH CREDIT REPOigT CONSISTENT WITH THE FAIR CREDIT REPpRT1NC~ ACT, OWNERS QF APPLICANT IS A SOME PROPRIETQR$Hlp OR PARTNERSHIP) °_ OFFICERS QF A CORPORAYIQN} MEMBERS (tF LL~ I Social Security No. Name Hama Address Horns Phorlm No. Social Security No. Narns HWme Adtlrers Home Phone No. Social Security No, Name Home Address Home Phone No. i Are PI'incipals Irnrolvetl with Atriiated Companies? ^ Yes Q No ff Yes, Please List oy srgrang Here, trn underaigrted wen ants the above Appboafiort for CoramlrCia~er;(it has Donn caraerly read and the Appigrrt undarslands the same. NamC Or At~p{K;ant St~rIaUA9 Of AuClpAgrQ I Tid1e PERSONAL GUARAN'T'Y For value rEOeived and to induce Hajoca Corporation C'Hajoce'~ to extend credit to the Applicant, fha undersigned Guarantor (oven if more than one) hereby warrants and unCOnditionally gtt2trarttres M Hajoea }he full and prompt paymtartt when due (Including any accelerated or axtartdod maturity) of all indebtedness, obligations and liabilities of AppRpstt to Hejoca, as desaibed in this Application for Commercial Credit, now existing or hereafter created or arising, even ii such indobtetlness is in ottCess of the amount applied for by ApplTiglnt or tho established credk line. ff Hajoca retains or employs attorneys or other agencies in ortler to seam paymerrt of any sums pus from Applicant or' Guararttor, including the filing of foreclosure actrons on liens ftled due to Applicant's Guarantor's failure to make payment, the C3uaramtor agrees tp pay amomey or oolloCtion fees, costa, and other related expenses in addition to all sums due not otherwise paid by Applicant. Guararltorwaivss aq notioq and demwnds of any kind, and hereby consorts to any agreement or arrangement ' whatever with applicant. inClUdirKJ without lirnitatbon agreements artd ~ fiat paymartt, etdonsion, subordination, composition, arrangemRrtt, discharge . or release of the whole or any part of the indebtatlness, and the sAme shall In no wary Irnpek the Guarantor's liability hereunder: Hajoca may release or relinquish • any security now or hereafter held for any indebtedness haroby guaren~d or an}y guaranteaa or sutetiea, without the sanw discharging, releasing or in arty manner affecting the liability of Guarantor hereunder. This Guaranty shall bs anfforoeabla ttaforo or after proceeding against Applitxtrtt or simultaneousry therewith, and without resort to any security, The inoorPOratfon, merger, rootQaniaation or sale of the Applicant's business Shall not oixrate as termination of this Guaranty, and rho Guaranty shall continua as to credit etttartdad to such cother entity. This Guaranty shall continue in Lorne until notice in writing of termination is seat by registered or oertifled mail, return receipt requested, is rr~ived by Hajoca, Attention: Credit fAanager. This nonce is to specify the date on which the Guaranty is to be terminated, said date to be not less than seven (~ days after the described notice is received and shall not affect transactions with Applicant ®nWred into prior to the termination date, Guarantor 6authorizes Hajoca to obtain credit and finanoiai information concerning the Guarantor at any time and from arty source. The Guarantor acknowledges that heelshe is alto hound by the terms set out in this Application relating to the .obligations of the Applicant, ECOA NOTICE THE EQUAL CREDIT OPPORTUNITY ACT (ECOA) PROHIBITS CREDIT GRANTORS FROM DISCRIMINATING AGAINST CREDIT APPLICANT'S GUARANTOR ON THE BASIS OF RACE, COLOR, REIIQION, NATION?,!. ORICa1Nl. SEX, MARITAL STATUS, OR AGE. THE FEOEFtAL TRADE COMMISSION ADMINISTERS COMPLIANCE WITH THE ECOA. FCRA NOTICE THE UNDERSIGNED HEREBY CONSENTS} TO HAJOCA'S USE OF A CONSUMER CREDIT REPORT ON EACH OF THE UNDERSIGNED INDIVIDUALS IN ORDER TO FURTHER EVALUATE TWE CREDIT WORTFiINES$ OF THE APPLICAM'S GUARANTOR IN CONNECTION WIT?i THE EX7ENSlON OF BUSINESS CREDIT AS CONTEMPLATED BY THIS APPLICATION. THE UNDERSIGNED HEREBY AUTHORIzE(S) HAJOCA TO UTILIZE A CONSUMER CREDIT REPOF;T ON THE UNOERSIGNED FROM TIME TO TIME IN CONNECTION WITH THE EXTENSION UR CONTINUATION OF THE BUS[NESS CREDIT REPRESENTED BY THIS CREDIT APPLICATION. THE UNOER31t3NED A~ (AN) INDMDUAL(S) HEREBY ACKNOWI.CDl3E CONSENT TO THE USE OF SUCH CREDIT REPORT CONSISTENT WITH THE FAIR CREDIT REPORTINQ ACT, By signing here the undersigned warrants the above Application for Corttm~tt;tal Credit has begirt Cereiully read and G aq~~ the same. ~e %?~ t ' ' + II SoCiAI Security No. Date Cau or (/ / _ `/ .r/ nn A 71~ Social Secuttry NO, ~, -~ PC No• ~ ~ PC 1 Approval ~, l /, _ _. ~0 'd Ib ~ ~T 9002 8Z qa~ ZZ9Tb6t10T9: X>?-I H~nrHl-I STATEMENT OF ACCOUNT AS OF 12/18/08 ACCOUNT: 015 192934 HARITHA VANAM 525 3RD ST CARLISLE PA 17013-1807 HAJOCA CORPORATION 1550 BOBALI DRIVE HARRISBIIRG PA 17104 Phone: (77)939-9800 Please remit your payment with a copy of this statement to: HAJOCA CORPORATION P O BOX 7777-W9470 PHILADELPHIA PA 19175 ~ ~ 2 31 07 02/21/08 0 015 S6 3 1 .001 S6347303.001 2,381.47 426.31 STOCK MAGIC PAK PARTS 02/25/08 03/25/08 015 015 022508 032508 114.74 110.52 SERVICE CHARGE SERVICE CHARGE 04/25/08 05/25/08 015 015 042508 052508 110.52 110.52 SERVICE CHARGE SERVICE CHARGE 06/25/08 07/25/08 015 015 062508 072508 107.22 56 16 SERVICE CHARGE 08/25/08 015 082508 . 56.16 SERVICE CHARGE SERVICE CHARGE 09/25/08 11%25%08 015 015 092508 12508 56.16 SERVICE CHARGE 56.16 SERVICE ~GE TdTAL R45T DUE CURRENT GROSS AMT DUE AMOUNT DUE THIS STATEMENT 3,585.94 56.16 3,642.10 3,642.10 Last payment• $2,553.01 received 7/03/0$ 2~ service charge assessed on past due invoices O15 HAJOCA HARRISBURG ~ 1550 BOBALI DRIVE HARRISBURG PA 17104-3207 717-939-9800 Faa 717-939-3955 BILL T0: HARITHA VANAM 525 3RD ST CARLISLE, PA 17013-1807 ** INVOICE ** (Reprint) ~~a ~ ~~Q 12/31/07 56132910.001 REMIT T0: rnca ~. HAJOCA CORPORATIOA PO HO% 7777-F19470 PHILADHLPHIA PA 19175-0001 1 SHIP T0: HARITHA VANAM 525 3RD ST CARLISLE, PA 17013-1807 coszo~me ,o~ c~sra~ a~ rnssm~ ~.~ss aae~ 015-192934 STOCK 1@IT~t SBIP VIa RALPH Blaine ~ F'ULGINITI Heller OT OUR TRUCK NET 60 DAYS ~8(RIPiZQT 01~ 4'~ ffiY QT! ARMSTR 64-HWC-244 GAS ELEC THRU lea lea WALL AC *MERRY CHRISTMAS TO YOU AND YOURS ~~WE ARE CLOSED 12/25 & 12/26 ~~~ **WE WISH YOU A HAPPY NEW YEAR!** rer a~ sr N CRAIG ~p ~,-~ 12/31/07 PBT dIT A[IC6 2246.667ea BY ACCEPTING THE PRODUCT DESCRIBED ON THIS INVOICE YOU HEREBY AGREE TO THE TERMS AND SUbtot3l CONDITIONS ON OUR SHIPPING TICKET AND CREDIT APPLICATION AND SUCH TERMS AND CONDITIONS SS~S CHGS ARE INCORPORATED HEREIN BY THIS REFERENCE. IF YOU ARE UNMILLING OR UNABLE TO ACCEPT SAID SaleB Tax TERMS, RETURN THE PRODUCT IMMEDIATELY IN NEW CONDITION. Amount Due ** Reprint ** Reprint ** Reprint ** 12/26/07 ~~s~«~ 2246.67 2246.67 0.00 134.80 2381.47 i 015 HAJOCA HARRISBURG 1550 BOBALI DRIVE HARRISBURG PA 17104-3207 717-939-9800 Fax 717-939-3955 BILL T0: HARITHA VANAM 525 3RD ST CARLISLE, PA 17013-1807 ** INVOICE ** (Reprint) ~~~ ~~ ~~~ 02/21/08 S6347303.001 REMIT T0: HAJOCA C~PORATIOH P„Q ,p. PO BO% 1771-W9470 PHILADBLPHIA PA 19175-0001 1 SHIP T0: HARITHA VANAM 525 3RD ST CARLISLE, PA 17013-1807 ~'~ ~ ~ C9S101H@ HHI.~ISB HUHlBQ rRr 015-192934 MAGIC PAK PARTS N SHI.BBPSRH~ 11RITSR SHIP VIi1 RALPH F'ULGINITI Ralph Ful initi UPS PPD & CHG NET 60 DAYS ARMSTRONG 25W69 PRESSURE SWIT ****** ARMSTRONG 60M32 CONTROL BOARD 46994-001 ****** *MERRY CHRISTMAS TO YOU AND YOURS ~~WE ARE CLOSED 12/25 & 12/26 ~~~ **WE WISH YOU A HAPPY NEW YEAR!** ~~ 41'i SHIP 41Y tea tea 4ea 4ea H: sesp 02/21/08 HHT IIHZT PRIQ 14.560ea 89.640ea BY ACCEPTING THE PRODUCT DESCRIBED ON THIS INVOICE YOU HEREBY AGREE TO THE TERMS AND S17btOtal CONDITIONS ON OUR SHIPPING TICKET AND CREDIT APPLICATION AND SUCH TERMS AND CONDITIONS S ScH CSGS ARE INCORPORATED HEREIN BY THIS REFERENCE. IF YOU ARE UNWILLING OR UNABLE TO ACCEPT SAID Sales TaX TERMS. RETURN THE PRODUCT IMMEDIATELY IN NEW CONDITION.. Amount Due ** Reprint ** Reprint ** Reprint ** ~~ 02/19/08 STH/SIa 29.12 358.56 387.68 14.50 24.13 426.31 ~ r.a ~ ~ OD ~ ~ ~ ~ ~ ~ ; t"i i ~ L .~ ~• r _ 1~ ~ ~. .. ~. ,~, .T." ~J a, ..