HomeMy WebLinkAbout09-0526ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159 Attorney for Plaintiff
TYREX, LLC (formerly Rex IN THE COURT OF COMMON PLEAS OF
Commercial Tools & Fasteners) Cumberland COUNTY, PENNSYLVANIA
Plaintiff _
NO. ( - 5d(o Civil l
SWWP, INC.
v
CIVIL ACTION - LAW
Defendant(s)
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an
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.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
TYREX, LLC (formerly Rex
Commercial Tools & Fasteners)
Plaintiff
v
SWWP, INC.
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
Cumberland COUNTY, PENNSYLVANIA
NO. -09- 5a 4 dt;,,-j 7-
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, TYREX, LLC, by its attorneys, KODAK & IMBLUM, P.C., brings this
action of Assumpsit against the Defendant to recover the sum of TWELVE THOUSAND
TWELVE DOLLARS AND FORTY-ONE CENTS ($12,012.41), along with interest thereon
at the statutory rate from August 24, 2008, upon a cause of action of which the following
is a statement: f
1. The Plaintiff, TYREX, LLC, is a corporation organized and existing under the laws
of the State of Ohio, having its principal office and place of business at 8485
Broadwell Road, Cincinnati, OH 45244.
2.
3
The Defendant, SWWP, INC., is a corporation having`its principal office and place
of business at 469 E North Street, Carlisle, Cumberland County, Pennsylvania
17013.
Defendant, SWWP, INC., is a corporation organized and existing under the laws of
F:\USER\ROBIN\PRAECIPE\ARBITRATION\REX COMM TOOLS 34928.wpd 2
the Commonwealth of Pennsylvania as more"fully set forth on the Pennsylvania
Department of State Corporation Bureau print out attached hereto, marked Exhibit
"A" and made a part hereof.
4. On the dates, in the amounts, and for the prices set forth in the true and correct
copies of Plaintiffs Invoices hereto attached, collectively marked Exhibit "B" and
made a part hereof, Plaintiff, at the special instance request of the Defendant, sold
and delivered goods, wares and merchandise of the kind and description set forth
on said Exhibit to the total amount of Twelve Thousand Fifty-Three Dollars and
Twelve Cents ($12,053.12).
5. The prices charged for said goods, wares and merchandise were just and
reasonable, were the legal and market prices therefor and were the prices which the
Defendant promised and agreed to pay to Plaintiff.
6. Defendant became entitled to certain credits against the charges aforementioned,
as more particularly shown on Plaintiffs Statement of Account, attached hereto,
marked as Exhibit "C" and made a part hereof, to the total amount of Forty Dollars
and Seventy-One Cents ($40.71).
7. The balance due and owing by Defendant to Plaintiff is the sum of Twelve
Thousand Twelve Dollars and Forty-One Cents ($12,012.41), as appears by Exhibit
F:\USER\ROBIN\PRAECIPE\ARBITRATION\REX COMM TOOLS 34928.wpd 3
"C" hereto.
8. Plaintiff frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant refused and neglected and still refuses and
neglects to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of
TWELVE THOUSAND TWELVE DOLLARS AND FORTY-ONE CENTS ($12,012.41),
together with interest as set forth herein.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\ROBIN\PRAECIPE\ARBITRATION\REX COMM TOOIS 34928.wpd 4
Bpsiness Entity
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By Business Entity ID Date: 10/24/2008
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Business Corporation - Domestic - Information
Entity Number: 3674993
Status: Active
Entity Creation Date: 9/15/2006 _
State of Business.: PA
Registered Office Address: 469 E North Street
Carlisle PA 17013
Mailing Address: No Address
Officers
Name:
Title:
Address:
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MICHAEL PALSON
President
469 E NORTH ST
CARLISLE PA 17013-21
Corporations
o on,we
U Q
Home
https://www.corporations.state.pa.u.,
Copyright* 2002 Pennsylvania Department of State. All Rights Reserved.
Commonwealth of PA Privacy Statement
EXHIBIT A-
10/24/2008
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** INV01150
8/30/2007
1
Bill To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
Ship To:
Siding Window Warehouse Pius
469 East North Street
Carlisle PA 17013
1633-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 30 Days 8/28/ 2007 1,343
6.0 6.0 0.0 T003001 3,000 RPM 18V cordless tool drives 1 1/4* $0.00 $199.00 $1,194.00
$1,194
.
00
0.00
0.00
00
00
EXHTRTT -
$1,19400
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** EIVINVO14,62
07
Bill To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
Ship To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
1705-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 3 0 Days 10/26 !2007 1,727
66.0
48.0 66.0
48.0 0.0
0.0 DCT8250D
DCT8200D #8x2 1/2", flat head, #2 sq, coarse, type
#8x2", flat head, #2 sq, coarse, type 17 $0.00
$0.00 $28.79
$26.00 $1,768.14
$1,248.00
3 016.14
00
00
N
.00-
$0.001
$3,016.141
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** MMVN 8
07
Bill To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
Ship To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
1705-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 3 0 Days 10/29 12007 1,702
48.0 48.0 0.0 DCT8200D #84", flat head, #2 sq, coarse, type 17 $0.00 $23.99 $1,151.52
$1,151.52
0.00
00
00
0.00
$1,151.521
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** LW-IT
007
Bil l To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
Ship To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
1705-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 3 0 Days 10/29 f2007 1,702
66.0 66.0 0.0 DCT8250D #8x2 U2", flat head, #2 sq, coarse, type $0.00 $23.70 $1,564.20
$1,564.20
00
0.00
00
00
$1.564.201
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** INV01704
12/17/2007
1
Bill To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
Ship To:
Siding Window Warehouse Plus
469 East North Street
Carlisle PA 17013
1775-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 3 0 Days 11/12 /2007 1,935
2.0
4.0
4.0 2.0
4.0
4.0 0.0
0.0
0.0 NPCO23
T003001
BIT302 NOSEPIECE FOR D550-18V, 3" CAPASILI
3,000 RPM 18V cordless tool drives 1 1/4"
#2 Square Bit, 159.6MM Not Taper 2 Pack $0.00
$0.00
$0.00 $0.00
$209.00
$0.00 $0.00
$836.00
$0.00
36.00
00
0.00
00
00
36.00
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** INV01825
1/31/2008
1
Bill To:
SWWP INC.
469 East North Street
Carlisle PA 17013
Ship To:
SWWP INC.
469 East North Street
Carlisle PA 17013
1808-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 3 0 Days 1/22/ 2008 2,099
3.0
5.0
10.0 3.0
5.0
10.0 0.0
0.0
0.0 T003001
BIT302
NPC023 3,000 RPM 18V cordless tool drives 1 1/4"
#2 Square Bit, 159.6MM Not Taper 2 Pack
NOSEPIECE FOR D550-18V, 3" CAPABILIT $0.00
$0.00
$0.00 $193.50
$0.00
$40.00 $580.50
$0.00
$400.00
980.50
0.00
0.00
0.00
0.00
980.50
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** V20
02289
OW4/5/08
Bill To:
SWWP INC.
469 East North Street
Carlisle PA 17013
Ship To:
SWWP INC.
469 East North Street
Carlisle PA 17013
1880-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 3 0 Days 411/2 008 2,800
11.0
3.0 11.0
3.0 0.0
0.0 NPC023
T003001 NOSEPIECE FOR D550-18V, 3" CAPABILI
3,000 RPM 18V cordless tool drives 1 1/4" $0.00
$0.00 $40.00
$193.50 $440.00
$580.50
$1.020.50
0.00
00
00
0.00
$1,020.50J
TYREX LLC
8485 Broadwell Road
Cincinnati Ohio 45244
***HISTORICAL*** INV03002
1
Bill To:
SWWP INC.
469 East North Street
Carlisle PA 17013
Ship To:
SWWP INC.
469 East North Street
Carlisle PA 17013
1872-C SIDING WIN DOW TUPSHUR GROUND 1% 10, Net 3 0 Days 7116/ 2008 3,380
42.0
42.0 42.0
42.0 0.0
0.0 DCT8200D
DCT8250D #8x2", flat head, #2 sq, coarse, type 17
#8x2 1/2", flat head, #2 sq, coarse, type $0.00
$0.00 $26.62
$27.91 $1,118.04
$1,172.22
290.26
00
00
0.00
00
1
$2,290.26
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EXHIBIT
Jan 30 09 01:52p Senco 5133883152 p.2
I, Clifford Mentruo ic
(MM) roM)
of TYREX, LLC, verify that the statements made in the aforegoing document are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. §4904, relating to unswom falsification to authorities.
TY ,LLC
By:
00
Title:
a
Dated:
31928
SWWP
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-00526 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TYREX LLC
VS
SWWP INC
SHAWN HARRISON , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SWWP INC the
DEFENDANT
, at 1554:00 HOURS, on the 3rd day of February-, 2009
at 469 E NORTH STREET
CARLISLE, PA 17013 by handing to
MICHAEL SCHECK, OPERATIONS MANAGER, ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Postage
Surcharge
Sworn and Subscibed to
before me this
of
18.00
4.50
.42
10.00
day
So Answers: R. Thomas Kline
02/04/2009
KODAK & IMBLUr4l
By:
A. D.
c"i
?1 r
a.t.. L_
1 CL„
1
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* .
SWWP, INC.
469 E. North Street
Carlisle,PA
(717) 258-6011
Defendant
Tyrex, LLC (FKA Rex Commercial Tools & Fasteners) : Plaintiff
VS
SWWP, INC.: Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 09-526 Civil Term
Civil Action - Law
SWWP, INC. is disputing this civil action due to the fact that there is a
defense in this matter.
4. On the dates, in the amounts, and for the prices set forth in the true and
correct copies of the Plaintiff's invoices. Plaintiff, at the special instance request
of the Defendant, sold and delivered goods, wares and merchandise of the kind
and description set forth on said Exhibit to the total amount of $12,053.12.
(SWWP objecting to #4. SWWP has been in contact with the Plaintiff
regarding the amount in question with no resolution).
5. The prices charged for said goods, wares and merchandise were just and
reasonable, were the legal and market prices therefore and were the prices
which the Defendant promised and agreed to pay to Plaintiff. (SWWP objecting
to #5. SWWP has beenn in contact with the Plaintiff regarding the prices
charged that are in tion with no resolution).
The defendant, SWWP, INC. is objecting to #4 through #8 on the complaint filed
by Robert D. Kodak, Esquire. SWWP, INC. has met with Mr. Kodak personally to
discuss the following and Mr. Kodak had given SWWP, INC. the impression that
the companies were going to resolve this matter.
1
6. Defendant became entitled to certain credits against the charges
aforementioned, as more particularly shown on Plaintiffs Statement of Account
to the total of $40.71. (SWWP objecting to 06. SWWP has been in contact
with the Plaintiff regarding the above amount in question with no
resolution).
7. The balance due and owing by Defendant to Plaintiff in the sum of
$12,012.41. (SWWP objecting to V. SWWP has been in contact with
Plaintiff regarding the balance owed and in question with no resolution).
8. Plaintiff frequently demanded payment from Defendant of said amount, but
Defendant refused and neglected to pay said amount. (SWWP objecting to #8.
SWWP has been in contact with the Plaintiff regarding the amounts in
question with no resolution).
SWWP, INC. is requesting 45 days to obtain proper counsel.
SWWP, INC. is filing an objection to the civil law suit with the Office of the
Prothonotary of Cumberland County in the state of Pennsylvania on March 16,
2009.
Respectfully S miffed.
"K-
Angela Palson
Credit Department
SWWP, INC.
(717) 258-6011
CC: File .
C.
Fn
V
/ 1 oA
2
r' 1
TYREX, LLC (formerly Rex Commercial
Tools & Fasteners)
Plaintiff
v
SWWP, INC.
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-526 CIVIL TERM
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert D. Kodak Esquire, counsel for the plaintifffdefenda+-4 in the above action, respectfully represents
that:
1. The above-captioned action(s) Wam at issue.
2. The claim of plaintiff in the action is $12.012.41. plus interest collection fees and costs.
The counterclaim of the defendant in the action is: NONE
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.)
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Respecter 5ybmitted,
Robert D. Kodak, Esquire
Kodak & Imblum, P.C.
PO BOX 11848
Harrisburg, PA 17108-1848
(717) 238-7152
AND NOW,
ORDER OF COURT
, 2009, in consideration of the foregoing petition,
(or actions) as prayed for.
Esq., and
Esq., and
Esq., are appointed arbitrators in the above captioned action
BY THE COURT:
J
CERTIFICATE OF SERVICE
I, ROBERT D. KODAK, ESQUIRE, hereby certify that I served a true and correct copy of
the PETITION FOR APPOINTMENT OF ARBITRATORS in the above-captioned matter upon
the below listed individual(s) by causing same to be deposited in the United States mail, first class
postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows:
SWWP, INC
469 E. NORTH STREET
CARLISLE PA 17013
ATTN: ANGELA PALSON
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box 11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney I.D. No. 18041
Attorney for Plaintiff
Dated: May 4, 2009
OF THE PPS TP'`'POTARY
2009 MAY -5 AM ! I *. 5 i
PENT:&Yir' jNl? ?
W2 y.
iA-4-
, a i9b
TYREX, LLC (formerly Rex Commercial
Tools & Fasteners)
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-526 CIVIL TERM
v
SWWP, INC.
CIVIL ACTION - LAW
Defendant(s)
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Robert D. Kodak, Esquire, counsel for the plaintifffdefcndemt in the above action, respectfully represents
that:
1. The above-captioned action(s) isMm at issue.
2. The claim of plaintiff in the action is $12,012.41, plus interest'. collection fees and costs.
The counterclaim of the defendant in the action is: NONE
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators: Robert D. Kodak, Esquire (Kodak & Imblum, P.C.)
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the
case shall be submitted.
Respecter Nbmitted,
Robert D. Kodak, Esquire .
Kodak & Imblum, P.C.
PO BOX 11848
Harrisburg, PA 17108-1848
(717) 238-7152
ORDER OF COURT
AND NOW, IP,%U/ 14 2009, in consideration of the foregoing petition,
Esq., and Esq., and
Esq., are appointed arbitrators in the a ove captioned action
(or actions) as prayed for. BY THE
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