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Home My WebLink About09-5387Christopher 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS ZOSCHAK, individually and d/b/a ALL-STAR CONSTRUCTION, Defendant : NO. 2009 - 5381 NOTICE CIVIL TERM 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 FAF(LESTlients\13187 Falling Spring Technologies\13187.6\13187.6.com 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. THOMAS ZOSCHAK, individually and d/b/a ALL-STAR CONSTRUCTION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - .679,' 7 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, Thomas Zoschak, is an adult individual d/b/a All-Star Construction with an address of 105 Elmwood Drive, Milford, Pike County, Pennsylvania 18337. 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 a biofilter unit to Defendant. 5. Plaintiff has provided a biofilter unit to Defendant for a total value of $6,995.00. 6. Defendant has failed to pay for the biofilter unit and is liable to Plaintiff in the amount of $8,350.38 as of April 6, 2009, plus interest at 1.5% per month, costs, and attorneys' fees in the amount of $1,500.00. 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 unit provided to Defendant from Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $8,350.38, plus interest at the rate of 1.5% per annum, costs and attorney's fees in the amount of $1,500.00. 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 $8,350.38 as of April 6, 2009. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $8,350.38, plus interest at 1.5% per annum, attorney's fees and costs. MARTSON LAW OFFICES Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: ?. 3 l ' o f Attorneys for Plaintiff EXHIBIT "A" Falling Spring Technologies, LLC P.O. Box 410 Newburg, PA 17240 (877) 4ECOFLO (717) 423-5749 fax TO: All-Star Construction 105 Elmwood Drive Milford, PA 18337 Statement DATE 4/6/2009 AMOUNT DUE AMOUNT ENC. $8,350.38 INVOICE DATE TRANSACTION AMOUNT BALANCE 10/31/2008 11/18/2008 04/06/2009 Balance forward INV #2643. Due 11/18/2008. INV #FC 198. Due 04/06/2009. Finance Charge 7,814.70 535.68 0.00 7,814.70 8,350.38 CURRENT 1-30 DAYS PAST DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 DAYS PAST DUE AMOUNT DUE 535.68 0.00 0.00 0.00 7,814.70 $8,350.38 Any balance not paid w ithin 30 days of the INVOICE date will be sub'ec .11 t to a 1 50/ h o F"r man serv ice c arge. 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: t1?iA?J? P?If' U Du e Mowery, Member . n. e fir, _3 ne. G J ci ?g.60 Pb 41771" aigoo RT# aa8150 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFFICE OF THE . -QRIFF THE P, 2CL00 AUG 31 Fill 3: 3 4 cuV l y Falling Spring Technologies, LLC Case Number vs. 2009-5387 Thomas Zoschak SHERIFF'S RETURN OF SERVICE 08/04/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas Zoschak, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Pike County, PA to serve the within Complaint and Notice according to law. 08/04/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Thomas Zoschak d/b/a All-Star Construction, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Pike County, PA to serve the within Complaint and Notice according to law. 08/13/2009 02:35 PM - Pike County Return: And now August 13, 2009 at 1435 hours I, Philip Bueki, Sheriff of Pike County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Thomas Zoschak d/b/a All Star Construction by making known unto Thomas Zoschak, adultin charge at 500 Broad Street Milford, PA 18337 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/13/2009 02:35 PM - Pike County Return: And now August 13, 2009 at 1435 hours I, Philip Bueki, Sheriff of Pike County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Thomas Zoschak individually by making known unto himself personally, at 500 Broad Street Milford, PA 18337 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.44 SO ANSWERS, August 28, 2009 R THOMAS KLINE, HERIFF