HomeMy WebLinkAbout09-4637R.F. FAGER CO.
V.
R. HART ENTERPRISES, INC., and
RICHARD P. HART, Individually
Defendants
NO. t - y(o37 0"Iva (errs
: 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 or 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
32 South Bedford Street
Carlisle PA 17013
1-800-990-9108
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
R.F. FAGER CO. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : NO.
R. HART ENTERPRISES, INC., and
RICHARD P. HART, Individually
Defendants : CIVIL ACTION -LAW
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quej as expuestas enlas paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier dinero reclamado en la demanda o
por cualquier otra queja o compensacion reclamados por el Demandante.
USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS
IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O
LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA A VERIGUAR
DONDE PUEDE OBTENER ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
1-800-990-9108
R.F. FAGER CO.
V.
R. HART ENTERPRISES, INC., and
RICHARD P. HART, Individually
Defendants
NO. 017- Y4,37 : CIVIL ACTION - LAW
COMPLAINT
AND NOW, comes Plaintiff, R.F. FAGER CO., by its attorneys, KUNDRAT &
ASSOCIATES, and states the following cause of action:
1. Plaintiff, R.F. FAGER CO. ("Fager"), is a Pennsylvania corporation with offices
and/or a place of business situate at 2058 State road, Camp Hill, Pennsylvania.
2. Defendant, R. HART ENTERPRISES, INC. ("Inc") is a Pennsylvania corporation
with a registered office address of 326 Swatara Street, Steelton, Pennsylvania.
3. Defendant, RICHARD P. HART, ("Hart") is an adult individual residing at 5154
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Kylock Road, Mechanicsburg, Pennsylvania.
4. Plaintiff is, and at all relevant times was, a wholesale distributor of building
supplies.
5. Defendant Inc is, and at all relevant times was, a contractor.
COUNTI
R.F. FAGER CO.
V.
R. HART ENTERPRISES, INC.
6. Plaintiff incorporates by reference Paragraphs 1 through 5 of this Complaint as
though the same were set forth at length herein.
7. On or about May 15, 2003, Inc applied to Plaintiff for credit. A true and correct
copy of the credit application is attached hereto and made a part hereof and marked Exhibit "A".
8. Between April 24, 2008, and May 31, 2009, various products, goods, supplies,
and materials (hereinafter collectively referred to as "products") were ordered by Inc from
Plaintiff. Plaintiff sold and provided the products ordered by Inc, the same being represented by
invoices. Due to the voluminous nature of the invoices, they are not attached to this Complaint
but shall be supplied upon request.
9. The prices charged for the products sold to Inc as set forth were the fair,
reasonable, and market prices of the products, and the prices that Inc agreed to pay.
10. Inc has not objected to any of these invoices and has accepted the products
provided thereby, but has failed to pay Plaintiff despite demand pursuant to its open account, all
to the damage of Plaintiff.
2
11. Plaintiff has maintained a statement of account keeping an accurate and running
amount of debits and credits for the sale of products sold to Inc by Plaintiff.
12. Plaintiff has submitted to Inc a monthly statement of account accurately showing
all debits and credits for transactions with Inc. The most recent statement of account shows an
amount owing to Plaintiff of $22,644.18 as of May 31, 2009. A copy of the statement of account
is attached hereto and made a part hereof referred to as Exhibit "B".
13. Pursuant to the terms and conditions of sale contained on the credit application,
which terms and conditions were agreed to by Plaintiff and Inc, and as further stated on the
statement attached as Exhibit "B", Plaintiff is entitled to receive a finance charge of 1.5% per
month on past due amounts.
14. Pursuant to the terms and conditions of sale contained on the credit application
which terms and conditions were agreed to by Plaintiff and Inc. Plaintiff is entitled to receive
reasonable attorney's fees.
15. Plaintiff has retained the law firm of Kundrat & Associates at a contingency rate
of 1/3.
16. Any and all conditions precedent to the bringing of this action have been
performed by Plaintiff.
17. The amount in controversy is within the jurisdictional amount requiring
compulsory arbitration.
WHEREFORE, R.F. FAGER CO., Plaintiff, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendant, R. HART ENTERPRISES, INC.,
in the amount of $22,644.18, plus interest at the rate of 1.5% per month from April 24, 2008,
3
attorney's fees in the amount of $7,548.06, the costs of this action, and such other relief as the
court deems just and proper.
COUNT II
R.F. FAGER CO.
V.
RICHARD P. HART
18. Plaintiff incorporates by reference Paragraphs 1 through 17 of its Complaint as
though the same were set forth at length herein.
19. In consideration of the extension of credit by Plaintiff to Inc, Hart individually,
unconditionally guaranteed the payment of all amounts owed by Inc to Plaintiff in addition to
reasonable attorney's fees and costs incurred in the collection of any amount due from Inc, and
referenced in Exhibit "A" attached hereto.
20. Pursuant to the terms and conditions of the Guarantee contained in the credit
application, Defendant Hart specifically agreed that:
"...I/We do hereby personally guarantee to R.F. Fager Company, its
successors and assigns, the payment at maturity, in accordance
with the terms of sale, of the price and value of all goods, wares
and merchandise sold by it to applicant named above from time to
time on and after the date hereof, as well as reasonable attorney's
fees, costs and interest incurred in the collection of any amount due
hereunder...."
22. Despite demand, Hart has refused to pay the past-due balance on the open account
of and all sums due and owing to Plaintiff.
WHEREFORE, R.F. FAGER CO., Plaintiff, respectfully requests this Honorable Court
to enter judgment in favor of Plaintiff and against Defendant Richard P. Hart in the amount of
4
$22,644.18, plus interest at the rate of 1.5% per month from April 24, 2008, attorney's fees of
$7,548.06, the costs of this action, and such other relief as the court deems just and proper.
KUNDRAT & ASSOCIATES
By
Boas Street
Date: June 30, 2009
Harrisburg, Pennsylvania 17102
(717) 232-3755
Attorney I.D. No. 24958
Attorney for Plaintiff
rib/ «i L19ny lu: 44
Mai 19 03 01:11-
? 4 812003 13%
R F . PAGER CO
2058 STATE RD.
CAMP HILL, PA 17011
(717) 763-0660
FAX: (717) 161-5839
COMPAN't NAME : ,
TRADE NAME OF App
STREET ADDRESS:-,
CITY: AD,f".-
guo?z--Ve
„ZIP ® CORPORATION
PHONE :
DATE OF BUSINESS STARTED:
TYPE OF BUSINESS: YEARS OPERATED AT TF:IS ADDRa.SS--L-
` ?3;MOVIJT OF CREDIT NEEDED: .SaC,,3
IF CLAZMING EXEMPT-TOM nOK STAVE SALES TAX, C:'::":TIFACATE No.,
IF AN INDSVIp(jAi .ACCOUNT: 90C. SEC. N-
S?OUSE'S KAl"E ---- - iL1TE OF BIRTH
PERSON TO CONTACT V=N ACCOCQIT IS APPROVED- { P '?M?-- n
PHOIrB N T ?o I66P7!40
AI)ngtss
2. 3S-3c^y
3.
?RSMI4RY BA.N'K OF DEPOSIT: K-1
In'ECiCIt?7G ACCQ'JNTS: ``
ACCOGM*;
?SASONALLY IQ ow. BY- 1
iZFERmc---S-: r"-UsT & CLUDE AT LEAST ONE BUZWING 1%P LAV.1-9 Sv17.nI_R.
x lc ?
/?M DO MRESY AUTHORf= TIM: BANK OF DEPOS
'N-MC TAY, Iti a ORXA2ION IT KA-Y pzouESi. IT SE: FOR: }{ ABO? TO SUPPLY A _ F. c?iGER CO. F IT i ALL
N CONSIDERATION OF T*M BXrEIVSION of C.RF.DIT SY R.F. :AC-ER COHPA-vy TO THE APPLICANT NAMED ABOn,
ZR -? SALE OF GOODS, WARES AND MERCHANDISE U?ON.r,.L;p_T, I/WE DO HEREBY PEASONALL7 G6A?j6VTEE
0 R.F- PAGER • OMPAM, IT'S SUCCESSORS ?ASSIG?ti::. 17- ?AMMUT RT I-AlURITY, IN ACCORDANCE WITH
HE TERMS OF SALE, Qg THY PRICE
HE TERM NAlS E, O E IM TIC A OF A . GOODS, WXAES AND MEAC1{ANCISE SOLD HY IT TO
'PPLXCAN7 Wr-.D CA?ovt OSTS OM TIM ON AND i\, TF, r? THE DATE tffiP-rOF, AS WELL AS REASONABLE
!!ZS GUARANTEE 81{i1LL IM. REST tNCL RED IN T?`,' COLLECTION OF jwr AMOUNT pm =aI NDR.R .
REMAIN IN ML FORC ab1D EFFECT '', tOLZSS AND UNTIL MrTlDpA"N HY MIt/OVR azv,rNG
-aN 110) DAYS "RITTEM NOTICE OF THE .WITHMM L OF THL; GUARANTY TO R_F_ FAGEA COMPANY. NOTICE
ACCE?TANCE OF THIS GLDUtAMY AND NON-PAym%pr 7tr mWIV lTY AR.E HERESY RAIVED.
r WITNESS %n=ttEoF, AND NTE 7DLNG TO BE LLG,ALL! .;OI:TD
UVDS AND SEALS THIS 3 Y I/NE
CtS?' 0.
SIGr1J+trrRS .?J 10
moo' /? G3: e? - y3 U?
Received Time May. 1Q, ;.n:,?M
/- f bl-b8jl3
RICN9RD
717-9'. 6B9
Hh hAUEH lU h'AUt b?/d4
HRRT 717-9-49-3096 P.1
RE FAGS MMPANY PAGE 02
/OUR
•- Co,ti,me.1c e-
Print Time lb!'. 19. 1:03PM
T-t`
06/23/2009 15:20 717-761-5839
2058 .STATE D.
71?61?0 Fax1717 761-6428
CUSTOMER
R HART ENTERPRISES
5154 KYLOCK RD
MECHANICSBURG, PA
INC
17055
RF FAGER CO PAGE 02/03
Statement
REMIT TO:
R. F. FAGER CO.
2D58 STATE RD.
CAMP HILL PA 17011
717-761-0660
STATEMENT DATE CUST NO
05/31/09 3812
PAGE ND.
1 of i
13 NVDICE NUMBEk
261317.001
6 PURCNASL ORDER LAMER INVDICE AMOUNT PAYWNTS/CREDITS
MAGARO NET DUE
26299B_001
1
9 MAGARO 191.22
7F
26
5
001
4 2 9 FG p 4SI.88
S00555.001 Seru Chrg 473.03
6
76639.001 LOT#2-SPEC 215.15
8 76640,001 LOT 2 2,016.54
05/28/08 SA277016.001 SPEC LOT 2 241.20
05/31/08 SAS00922.001 Serv Chrg 628.43
06/05/08 SA281388.001 SPEC LOT42 260.42
06/30/08 51019306.001 Serv Chrg 533.66
07/31/08 S1035166.001 Serv Chrg 291.37
08/21/08 S1033278.001 LOT #2 MODEL 216.37
08/21/08 51033341.001 LOT #2 MODEL-BATHS 3,524.71
08/25/08 S1033341.002 LOT.#2 MODEL-BATHS 746.38
08/29/08 S1039290.001 SEIFERT
x
8
08/31/08 S1052449.001 Serv Chrg .5
2
,194.58
09/01/08 S1047592.001 LOT#2 60.50
09/03/08 S1051030.001 MODEL LOT#2 842.38
09/04/08 50385249.003 SPEC LOT#2-TRIM -815.99
09/30/08 S1070402.001 Serv Chrg 3,686.21
10/15/08 S0385249.005 SPEC LOT#2-TRIM 145.40
10/20/08 51072931.001 424.00
10/31/08 S1090746.001 Serv Chrg -424.00
11/30/08 S1107334.001 Serv Chrg 206.97
12/31/08 S1123667.001 Serv Chrg 213.33
01/31/09 S1140214.001 Serv Chrg 213_33
02/28/09 51155597.001 Serv Chrg 213.33
03/31/09 S1172701.041 Serv Chrg 213.33
04/30/09 S1189337.001 Serv Chrg 213.33
05/32/09,S1205242.001 Serv Chr 213.33
213.33 213.33
PREV BALANCE PAYMENTS CREDITS
PURCHASES SERVICE CHARGE
NEW BALANCE
?
_a F
17 430.85 0,00 0.00 0.00 Sol za ,? ?.. .
F1ITURE CURRENT 31.66 DAYS 61.90 DAYS OVER 90 DAYS - - 4- -61 D ". 'Q() z +V 66,
0.a0 3.33 213.33 00 .9
All Past due balances subject tc FINANCE CRARGES of 1.50% per month.
I, William E. Easton, authorized agent of R. F. Fager Co., Inc., do hereby v" that the
facts set forth in the foregoing Plaintiff's Complaint are true and correct to the best of my
knowled8c, information and belief I understand that false statoments herein are made subject to
the perWties of Yg PB.C.S. Section 4904 relating to un$"rn falsification to a.1rtharities,
11,00,
William E. Easton
Request for Service
R. Thomas Kline, Sheriff
Cumberland County Office of the Sheriff
One Courthouse Square Carlisle, PA 17013
Ph: 717.240.639o Fx:717.240.6397
Plaintiff/s:
R.F. FAGER CO.
Defendant/s:
Serve Upon:
Court Number:
Expiration Date: ?-
Type of Action: CIVIL
- "^^' ov i cnrnut?), INC.., and RICHARD P. HART, INDIVIDUALLY
I lall CI I LeFprlses, Inc.
Address for Service: 5154 Kylock Road
Mechanicsburg State FPA 17055
Alternate Address for for
Service:
State FAR
Type of Service: _
JX Adult in Charge f- ; Personal
Deputize Certified Mail
r' Posting
**Copy of Court Order
Required with Posting**
Special Service Instructions:
I.If service is to be made by deputized service to
another county please specify which county*
Filing Attorney:
Name: John S. Kundrat, Esquire
Address: 107 Boas Street
Harrisburg State FPA
-! 17102 -'-.--
Phone Number: F +1 (717) 232-3755
0
OF PHE
?8.5o Po A'l"N
CO a is sq
QT* aa-7 8 (o8
Sheriffs Office of Cumberland County
R Thomas Kline
Sher
Ronny R Anderson tr cC?rtbd?f«?k { r,
u
Chief Deputy att +f 7,' t
Jody S Smith ,;s ?r 2009 JU q
Civil Process Sergeant
OFFICE Gr-?E $"ERIFE ?
Edward L Schorpp r? lj,r
Solicitor
R.F. Fager Co.
vs.
R. Hart Enterprises, Inc. Case Number
2009-4637
SHERIFF'S RETURN OF SERVICE
07/13/2009 05:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states s
2009 at 1735 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: R. Hart Enterprises, Inc., by making known unto Richard P. Hart adult in ch on July 13,
Kylock Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the
handing to him personally the said true and correct copy of the same. charge at 5154
07/13/2009 05:35 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states same time
2009 at 1735 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Richard P. Hart, by making known unto himself personally, defendant at 5154 on July 13,
Road 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. 5154 Kylock
SHERIFF COST: $53.00
SO ANSWERS,
July 14, 2009
R THOMAS KLINE, SHERIFF
?ePuty eriff
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson - r
e
Sheriff
Jody S Smith J,:;
25
Chief Deputy
Richard W Stewart
Solicitor
R.F. Fager Co. Case Number
vs.
R. Hart Enterprises, Inc. (et al.) 2009-4637
SHERIFF'S RETURN OF SERVICE
03/03/2010 04:45 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 3,
2010 at 1630 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: R.
Hart Enterprises, by making known unto Richard P. Hart, Adult in Charge, at 5154 Kylock Road,
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. Upon serving the writ of execution, a levy was
completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-08-10.
03/03/2010 04:45 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 3,
2010 at 1630 hours, he served a true copy of the within writ of execution, upon the defendant, to wit:
Richard P. Hart, by making known unto Richard P. Hart, at 5154 Kylock Road, 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. Upon serving the writ of execution, a levy was completed.
Postcard and copy of levy mailed to attorney and letter mailed to defendant on 03-08-10.
03/25/2010 On Thursday, March 25, 2010, at 1625 hours, a property claim was filed by Nanci Hart. All parties
notified by mail this date.
04/05/2010 Reference is made to Property Claim dated March 25, 2010, entered by Nancie Hart, Writ of Execution
No. 2009-4637 Civil Term, R. F. Fager Co. vs R. Hart Enterprises, Inc. and Richard P. Hart.
Ronny R. Anderson, Sheriff, has determined that the claimant, Nancie Hart, in the above mentioned
property claim, is the owner of the property set forth in the claim.
04/08/2010 Objections to property claim filed by Attorney John S. Kundrat. Copy of Objection to Sheriffs
Determination mailed to both claimant and defendant. Attorney Kundrat also requesting a hearing to be
scheduled.
01/26/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as ABANDONED. No action on writ in over 6 months.
SHERIFF COST: $142.16 SO ANSWERS,
January 26, 2012 RON R ANDERSON, SHERIFF
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due R.F. FAGER CO., Plaintiff (s)
From It. HART ENTERPRISES, INC, and RICHARD P. HART, Individually, 5154 Kylock Road,
Mechanicsburg, PA 17055
( I ) You are directed to levy upon the property of the defendant (s)and to sell personal property
.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISIIEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paving any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him 'her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $22,644.18
Interest from 5/31/09 -- To be determined
Atty's Comm $7,548.06 %
Atty Paid $172.00
Plaintill Paid
Date- 218/10
(1J, ea I)
L.L. S.50
Due Prothy $2.00
Other Costs
David D. uell, Prothonot ry
By'- -- -
Deputy
NO 09-4637 Civil
CIVIL ACTION -- LAW
REQ1.-IFSTING PARTY:
Name JOHN S. KUNDRAT, ESQUIRE
Addresr.: KUNDRAT & ASSOCIATES
107 BOAS STREET
HARRISBURG, PA 17102
Attornev for: PLAINTIFF
Telephone: 717-232-3755
Supreme Court ID No. 24958
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