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Home My WebLink About09-2355TELKORE, INC. VS. STEVEN DANNER and DANA DANNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. QQ- ,'Z,3gs 01czL7iA-l : 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 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. 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 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. TELKORE, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. STEVEN DANNER and DANA DANNER : CIVIL ACTION - LAW COMPLAINT 1. Plaintiff, Telkore, Inc., is a Delaware Corporation, which conducts business in Pennsylvania, with a principle business address of 5247 Simpson Ferry Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. All acts by Plaintiff as set forth herein were made by Plaintiffs agents and/or employees. 3. Defendants, Steven and Dana Danner, are married adults residing at 9 Cromwell Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 4. Steven Danner began employment with Plaintiff in or around September of 2005. 5. On December 29, 2006, Plaintiff agreed to loan Defendants $20,000.00. 6. In consideration of said loan, Defendants agreed to abide by loan terms contained on a document entitled "Promissory Note" (copy is attached as "Exhibit A"). 7. Defendants executed said document on December 29, 2006. 8. Said document was executed in Cumberland County. 9. Plaintiff transferred the sum of $20,000.00 to Defendants pursuant to the agreement. 10. On August 26, 2007 Steven Danner quit his employment with Plaintiff. 11. Up and through the time Steven Danner quit his employment with Plaintiff, Defendants had made thirty-three timely payments of $87.50 (totaling $2,887.50) pursuant to the terms of the agreement. 12. Defendants made one subsequent payment of $87.50 that was deducted out of Steven Danner's last payroll check on August 31, 2007. 13. Defendants have made no payments since. 14. Pursuant to the terms of the above stated agreement, Defendants: a) owed the entire unpaid principle balance of the loan immediately upon Steven Danner ending his employment with Plaintiff on August 26, 2007; b) owe interest on said amount in the amount of 10% per annum running from August 26, 2007 which continues to accrue; and c) shall owe all collection costs, including attorney fees, incurred by Plaintiff in connection with Plaintiff enforcing said agreement. 15. Plaintiff has made various attempts to resolve this matter with Defendants informally to no avail. COUNT -1- BREACH OF CONTRACT 16. Previous paragraphs are herein incorporated. 17. An agreement was reached between Plaintiff and Defendants on December 29, 2006 as evidenced by the document entitled "Promissory Note" which was executed by Defendants. 18. Consideration regarding said agreement was made in that Plaintiff transferred $20,000.00 to Defendants and Defendants agreed to the terms set forth in said "Promissory Note." 19. Said agreement and consideration constitutes a contract between Plaintiff and Defendants. 20. Defendants have breached the terms of said contract in, including but not limited to, the following ways: a) Defendants failed to pay the entire principle balance of the loan immediately upon Steven Danner terminating his employment with Plaintiff, and b) Defendants have paid nothing towards said loan since August 31, 2007. 21. Defendants currently owe the entire unpaid principle balance of the loan, plus interest at a per annum rate of 10% running from the date of August 26, 2007, plus all costs incurred by Plaintiff in relation to enforcing the contract including its reasonable attorney fees. WHEREFORE, Plaintiff respectfully requests a judgment in the amount of $17,025.00 plus interest on said amount at a rate of 10% per annum running from August 26, 2007, plus reasonable attorney fees and all other costs incurred by Plaintiff in relation to enforcing the aforementioned contract. q, , 0 Respectfully submitted, BAYLEY & GAIN ark F. Bayley, Es ire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D.#87663 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. On behalf of Telkore, Inc.: ?!Ak,..P,O. W L.44.? Richard D. Wilson President F! '7`, OF THEE RciCli l ,0-'t`'':..TAP.Y 2069 APR 14 Pit 2: 2 2 CUME,-- Y 0e.s? Sheriffs Office of Cumberland County R Thomas Kline ?aoly at C'usRberEdward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF pCE .F THE s-4ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/16/2009 09:40 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2009 at 0940 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Steven Danner, by making known unto Steven Danner personally, at 9 Cromwell Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. 04/16/2009 09:40 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2009 at 0940 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Dana Danner, by making known unto Steven Danner, husband of defendant, at 9 Cromwell Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.42 April 21, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF .*XndafA&wL De ty Sheriff Docket No. 2009-2355 Telekore, Inc. v Steven Danner 0 -77 ? CJ I TELKORE, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-2355 STEVEN DANKER and DANA DANKER : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter default judgment against the defendants, Steven Danner and Dana Danner, with regard to the above captioned matter in the amount of $20,000.85 (consisting of principle balance sought ($17,025.00) plus interest sought and pled from August 26, 2007 to date ($2,975.85). Undersigned counsel hereby certifies and verifies, subject to 18 Pa.C.S. 4904 relating to unsworn falsifications to authorities, that a written notice of intention to file the within praecipe was mailed to defendants on May 14, 2009 (a copy of said notice is attached as "Exhibit A") pursuant to Pennsylvania Rule of Civil Procedure 237.1, 1037 and other applicable rules of procedure. Original service of plaintiffs Complaint on defendants was performed by Cumberland County Deputy Sheriff Amanda Cobaugh on April 16, 2009 at defendant' residence and current address of record as evidenced by a Sheriffs Return of Service (a copy of which is attached as "Exhibit B"). Respectfully submitted, BAYLEY GAN ark F. Bayley, Es ire 17 West South Street Carlisle, PA 17013 (717) 24.1-2446 Supreme Court I.D.#87663 TELKORE, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 09-2355 CIVIL TERM STEVEN DANNER and DANA DANNER : CIVIL ACTION - LAW TO: Steven and Dana Danner 9 Cromwell Court Mechanicsburg, PA 17050 DATE OF NOTICE: May 14, 2009 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 SERVIES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 BAYL & MA;M Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Plaintiff E"?u P 1 11 A MAY 0 9 2009 Sheriffs Office of Cumberland County R Thomas Kline 6.?'A.? at cumbt Edward L Schorpp Sheri Solicitor Roney R Anderson Jody S Smith Chief Deputy orF4cE of T14E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/16/2009 09:40 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2009 at 0940 hours, she served a true copy of the within Complaint and Notice upon the within namec defendant, to wit: Steven Danner, by making known unto Steven Danner personally, at 9 Cromwell Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. 04/16/2009 09:40 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2009 at 0940 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Dana Danner, by making known unto Steven Danner, husband of defendant, at 9 Cromwell Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.42 SO ANSWERS, April 21, 2009 Docket No. 2009-2355 Telekore, Inc. v Steven Danner R THOMAS KLINE, SHERIFF ?? De ty Sheri ft TELKORE, INC. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-2355 STEVEN DANNER and DANA DANNER : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Plaintiffs, do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Steven and Dana Danner 9 Cromwell Court Mechanicsburg, PA 17050 S-Z?-o9 I A Mark F. Bayley, Esquire If 1, Iltl do m P ? ?3ks Pc# a7 ?-Sa t oo Oid