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Home My WebLink About09-4142Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. AAVARD DALEY d/b/a DALEY SONS SEPTIC SERVICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - E1/ ?/-)- CIVIL TERM 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 Plaintiffs. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 FARLESTlients\13187 Falling Spring Technologies\13187.8.corn Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. AAVARD DALEY d/b/a DALEY SONS SEPTIC SERVICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - -/i y-2- CIVIL TERM COMPLAINT AND NOW, comes the Plaintiff, Falling Springs Technologies, LLC, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Falling Spring Technologies, LLC, is a Pennsylvania limited liability company with a registered address at P.O. Box 410, Newburg, Cumberland County, Pennsylvania 17240. 2. Defendant, Aavard Daley d/b/a Daley Sons Septic Service, is an adult individual with an address of 9010 Rabbit Road, N., Greencastle, Franklin County, Pennsylvania. 3. Plaintiff is in the business of providing goods and services to certain businesses and individuals. 4. Plaintiff has provided goods in the form of biofilter units to Defendant. 5. Plaintiffhas provided biofilter units to Defendant for a total value of $9,012.85. True and correct copies of Plaintiff's invoices are attached hereto as Exhibit "A." 6. Defendant has failed to pay for such biofilter units and is liable to Plaintiff for the amounts owed, plus interest at 1.5% per month, costs, and attorneys' fees. 7. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. COUNT I - BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the biofilter units provided to Defendant from Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $9,012.85, plus interest at the rate of 1.5% per annum, attorney's fees and costs. COUNT II - QUANTUM MERUIT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. In the alternative, should a contact between the Plaintiff and Defendant not be found to exist, Defendant has been unjustly enriched in the amount of $9,012.85. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $9,012.85, plus interest at 1.5% per annum, attorney's fees and costs. MARTSON LAW OFFICES By:?2 'l'c 5-- / . - Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: D Attorneys for Plaintiff EXHIBIT "A" Falling Spring Technologies, LLC P.O. Box 410 Newburg, PA 17240 (877) 4ECOFLO (717) 423-5749 fax TO: Daley Sons Septic Service P.O. Box 426 Greencastle, PA 17225 Statement DATE 5/18/2009 AMOUNT DUE AMOUNT ENC. $9,012.85 INVOICE DATE TRANSACTION AMOUNT BALANCE 09/30/2006 Balance forward 6,248.70 10/22/2006 INV #1699. Due 10/22/2006. 6,248.70 12,497.40 10/30/2006 PMT #1195. -6,248.70 6,248.70 08/06/2008 INV #FC 174. Due 08/06/2008. Finance Charge 2,015.33 8,264.03 04/06/2009 INV #FC 200. Due 04/06/2009. Finance Charge 748.82 9,012.85 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE AMOUNT DUE 0.00 0.00 748.82 0.00 8,264.03 $9,012.85 Any balance not paid within 30 days of the INVOICE date will be subject to a 1.5% per month service charge. There will be a $25 charge for returned checks. Should a collection action be required, you will be responsible for all attorney fees and costs of suit incurred. Falling Spring Technologies, LLC P.O. Box 410 Newburg, PA 17240 (877) 4ECOFLO (717) 423-5749 fax BILL TO Daley Sons Septic Service P.O. Box 426 Greencastle, PA 17225 Invoice DATE INVOICE # 10/22/2006 1699 SHIP TO Ron Bennent 3794 Hill Rd. Greencastle, PA 17225 P.O. NUMBER TERMS REP SHIP VIA F.O.B. PROJECT Net 30 Days 10/20/2006 Rosenberry's QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 1 STB-650 ECOFLO Peat Based Biofilter with bottom 5,895:00 5,895.OOT Sales Tax 6.00% 353.70 Discount of $200 plus sales tax (total $212) applicable if paid within 10 days of date of invoice. Total $6,248.70 Any unpaid balance remaining after the term specified will be subject to a 1.5% per month financing charge. There will be a $25 charge for returned checks. Should a collection action be required, you will be responsible for all attorney fees and costs of suit incurred. VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Falling Spring Technologies, LLC By. ?-?u Du e Mowery, Rw&id fit ALI FILED- Oi THE. 2 09 ju 17 PM 4Q ? ?a LAG fr I F:\Clients\13187 Falling Spring Technologies\13187.8\13187.S.motl.compel.wpd c MW c- =-n Christopher E. Rice, Esquire -0r-- I.D. Number 90916 cnE"" m R. Christopher VanLandingham, Esquire r?-w N °q I.D. No. 307424 c--1 C3 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ' c =C ;Z z:5 I MARTSON LAW OFFICES x' w - rn Ten East High Street , Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. AAVARD DALEY d/b/a DALEY SONS SEPTIC SERVICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 4142 CIVIL TERM PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, comes Plaintiff, Falling Spring Technologies, LLC, ("Plaintiff ') by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves this Court pursuant to Pa. R.C.P. 4019 for an Order compelling Defendant Aavard Daley d/b/a Daley Sons Septic Service ("Defendant"), to answer Plaintiff's Interrogatories and request for Production of Documents, and in support thereof states as follows: On March 15, 2011, counsel for Plaintiff served Defendant with Plaintiff's initial discovery in this matter. A copy of correspondence dated March 14, 2011, from Plaintiff's counsel to Defendant is attached hereto and incorporated as Exhibit "A." A copy of the certified mail receipt showing delivery of the correspondence on March 16, 2011, is attached hereto and incorporated herein as Exhibit "B." 2. Plaintiff s initial discovery consisted of one set of Interrogatories in Aid of Execution. 3. Pursuant to Rule 4006(a)(2) of the Pennsylvania Rules of Civil Procedure, "[t]he answering party shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories." 4. Defendant's answers to Plaintiff's discovery were due by April 15, 2011. 5. As of the date of this Motion, Defendant has failed to respond in any fashion to Plaintiff's discovery. 6. Plaintiff has sought concurrence in this Motion, but concurrence was denied. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiff's outstanding Interrogatories within ten (10) days of the date of the Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully submitted, MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: .-) I la I Attorneys for Plaintiff EXFIIBIT "A" N DEARDOFF WILLIAMS OTTO tILROY & F MAR."'r.SON LAW OFFICES 10 EAST HIGH STREET CARLISLE, PEN?NSYLvANIA 17013 TELEPHONE (717) 243-3341 FAcsLMII.E (717) 243-1850 INTERNET wwwmartsontaw.com March 14, 2011 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Aavard Daley Daley Sons Septic Service 9010 Rabbit Road, N. Greencastle, PA 17225 WILLIAM F. MARTSON JOHN B. FowLER III DANIEL K. DEARDORFF THOMAS J. WILL IAMS* IVOV.ormIII HUBERT K Gu.ROY GEORGE 8 FALLER JR.* DAvID A. F=LmONS CHRISTOPHER E. RICE JENNIFER L. SPEARS SETH T. MOSEBEY KATIE J. MAxwELL R. C. VANLANDINGHAM 'BoA= Csxnp= Crvu Taw Svscuun RE: Falling Spring Technologies, LLC v. Aarvard Daley d/b/a Daley Sons Septic Service No. 2009-4142, Cumberland County Court of Common Pleas Our File No. 13187.8 Dear Mr. Daley: It has been brought to our attention that the payment you promised to make to our client was never received. Therefore, he requested that we move forward with collecting on the amount owed. Enclosed are our First Set of Interrogatories in Aid of Execution. These must be answered and returned to our office no later than 30 days from the date of this letter. Very truly yours, MARTSON LAW OFFICES L? (-?- Christopher E. Rice CER/mmp Enclosure cc: Falling Spring Technologies, LLC (w/enclosure) F +ll-ES%ClienIs\l3l87 Fal ling Spnng Technologies113187.8\13187.8.W INFO RMATION • ADVICE • ADVOCACY sM s! Completei tterrietEf2;aml3rAlsacomplete A. S CTager ti "- item If Restricted Delivery Is desJred C1' Addressee addremlort the reverses M _.FMnt your Hama and so that wa cart returrt the card td you€t Received by,. t Pri W Namq,? of OvervV ¦= Attach thr$ card to they back'of the mallpie4,, ? or on the,frdntHspace, p9R11ft+ Y?s t? w r 7 Ir! delNery? ed? sss'different from Rem 1? C e t.- Artlcla/iddreesect td t! YE; entst delK4y address below, Q No ' r ? GM Ej Return Receipt fat Memhandisf IJ 11 w5wos+ ?li't? J .< ELY 2: Artce ?" ? +:•'~ ^,?, & sN".?t?+?,trx +_-i?=,.,...,a:.=:._.E...,• ,c ,. _.-: y - - -?-• ?" ;(narrv 7010 ?dkrDi pan :1147 8855 i P9_Form38MFeWarv2 a ° txe t eceiy ? _ oas ts-1540 Ln I CO M I-q CwOW Fee C3 aeturn Receipt fw C3, (? R°?"!'"tR 0(RE Re -01 Ida Total PoNapr6iFOW O ; `? Sfieet"? or PQ Box NA CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Motion to Compel Answers to Discovery was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Aavard Daley d/b/a Daley Sons Septic Service 9010 Rabbit Road, N. Greencastle, PA 17225 MARTSON LAW-OFI ByI AINN Ami J. T 10 East High Street Carlisle, PA 17013 Dated: 7/12/11 s FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. AAVARD DALEY d/b/a DALEY SONS SEPTIC SERVICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 4142 CIVIL TERM ORDER AND NOW, this day of t 2011, upon consideration of Plaintiff's Motion to Compel Answers to Discovery directed toward Defendant, and any response thereto, Plaintiffs Motion is hereby granted and Defendant is ordered to provide answers to Plaintiff's written discovery withi days of the date of this Order. Y E COU , J. Distribute to: Christopher E. Rice, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff L' Aavard Daley d/b/a Daley Sons Septic Service 9010 Rabbit Road, N. Greencastle, PA 17225 FAFILESTlient3\13187 Falling Spring Technologiee\13187.8\13187.8.motl.compel.wpd (?, ?s tea. I P py 0 C ..fl3 rnuD ter" jr;* C!1 -c z ?a z_o a d G r-r W -v z r cry --i C? 7 -44:) z -n ca-n pFt, F:\Clients\13187 Falling SpringTechnologies\13187.8\13187.8.mot2.sanctions.wpd FILED-OFFICE OF THE PROTHONOTARY Christopher E. Rice, Esquire 2011 AUG 30 AM 11: 42 I.D. Number 90916 R. Christopher VanLandingham, Esquire CUMBERLAND COUNTY I.D. No. 307424 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. AAVARD DALEY d/b/a DALEY SONS SEPTIC SERVICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 4142 CIVIL TERM PLAINTIFF'S MOTION FOR SANCTIONS AGAINST DEFENDANT AND NOW, comes Plaintiff, Falling Spring Technologies, LLC, ("Plaintiff') by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and moves this Court pursuant to Pa. R.C.P. 4019 for an Order imposing sanctions against Defendant Aavard Daley d/b/a Daley Sons Septic Service ("Defendant"), and in support thereof states as follows: 1. On March 15, 2011, counsel for Plaintiff served Defendant with Plaintiff's initial discovery in this matter. 2. Plaintiff's initial discovery consisted of one set of Interrogatories in Aid of Execution. 3. Pursuant to Rule 4006(a)(2) of the Pennsylvania Rules of Civil Procedure, "[t]he answering party shall serve a copy of the answers, and objections if any, within thirty days after the service of the interrogatories." 4. Defendant's answers to Plaintiff's discovery were due by April 15, 2011. 5. On July 12, 2011, Plaintiff filed a Motion to Compel Answers to Discovery. 6. On July 13, 2011, this Court issued an Order, attached hereto as Exhibit "A," granting Plaintiff's Motion to Compel and ordered Defendant to provide answers to Plaintiff's written discovery within 20 days of the date of the Order. 7. By the Court's Order Defendant's answers should have been provided to Plaintiff by August 2, 2011. As of the date of this Motion Plaintiff has still not received answers to its written discovery. 9. Therefore, Plaintiff moves this Court to impose sanctions against Defendant pursuant to Pa. R.C.P. 4019 for failure to serve answers or objections to written interrogatories and for failing to obey an order of court respecting discovery. 10. Plaintiff estimated that it will incur attorney fees in the amount of $500.00 in attempting to have Defendant answer Plaintiff's interrogatories. 11. Plaintiff has sought concurrence in this Motion, but concurrence was denied. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order requiring Defendant to pay to Plaintiff attorney fees in the amount of $500.00, and to appear before the Court to answer Plaintiff's interrogatories under oath, and impose any and all sanctions the Court deems appropriate upon Defendant pursuant to Pa.R.C.P. 4019. Respectfully submitted, MARTSON LAW OFFICES By: l L?,6g?- Christopher E. Rice, Esquire I.D. No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: F/3 p/`l Attorneys for Plaintiff EXHIBIT "A" FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. AAVARD DALEY d/b/a DALEY SONS SEPTIC SERVICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 4142 CIVIL TERM ORDER AND NOW, this day of , 2011, upon consideration of Plaintiffs Motion to Compel Answers to Discovery directed toward Defendant, and any response thereto, Plaintiffs Motion is hereby granted and Defendant is ordered to provide answers to Plaintiffs written discovery within 10 days of the date of this Order. BY THE COURT, J. Distribute to: Christopher E. Rice, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff Aavard Daley d/b/a Daley Sons Septic Service 9010 Rabbit Road, N. Greencastle, PA 17225 F:\FTLES\Cliane\13187 Failing SpringTechnologia\13187.8\13187.B.motl.compd.wpd CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Motion for Sanctions was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Aavard Daley d/b/a Daley Sons Septic Service 90 10 Rabbit Road, N. Greencastle, PA 17225 MARTSON LAW OFFICES By Maly . Price 10 East High Street Carlisle, PA 17013 Dated: 3a??1 4 FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. AAVARD DALEY d/b/a DALEY SONS SEPTIC SERVICE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN? _ r., WM NO. 2009 - 4142 CIVIL TERM = ? '-?,- m F " i -- _ ? C :.-G Cy4 3 C'n ORDER J-r AND NOW, this / day of 2011, upon consideration of Plaintiff's Motion for Sanctions against Defendant and any response thereto, Defendant is hereby ordered to pay to Plaintiff costs of attorney fees in the amount of $500.00. Further, Plaintiff is ordered to appear before this Court at the Cumberland County Courthouse, Courtroom No. ,5 on the day of , 2011, at axi,/p.m. to answer Plaintiff's interrogatories under oath. BY T OURT, J. Distribute to: Christopher E. Rice, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 Counsel for Plaintiff Aavard Daley d/b/a Daley Sons Septic Service 9010 Rabbit Road, N. Greencastle, PA 17225 C °P, ;/,//( F:\ Clients\13187 Falling Spring Technologies\13187.8\13187.8.mot2.sanctions.wpd s