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HomeMy WebLinkAbout09-5963George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Palson, President, & Michael Palson, personally Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5 9 G 3 CIVIL TERM In Commercial Contract Matters PETITION FOR MONEY DAMAGES ARISING FROM FAILURE TO PERFORM ON COMMERCIAL CONTRACT, PETITION FOR AWARD OF CONSEOUENTIAL AND PUNITIVE DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "POC Logistics", "Logistics" or "POC", appearing Pro-Se, and concerning certain improvements to the premises at 10 Orange Street, Unit C, Mount Holly Springs, PA 17065, avers as follows: 1. On or about August 5, 2008, Cornwall acting as and for POC Logistics, entered into a Commercial Supply Contract for a Sun-Room component kit with SWWP, Inc. of Carlisle, PA. 2. The contract was executed in the showroom of SWWP, Inc. located at 469 E. North Street, Carlisle, PA. 17013. The Sun room kit had a set purchase price of $10,500 and provided for delivery on the ground at the job site, at 10 C Orange Street, Mt. Holly Springs, PA 17065. -1- 3. Various deposits were paid and have been retained by SWWP which total $9,000. A final payment in the amount of $1,500 by credit union cashier's check was tendered which was payable to SWWP, INC. and George M. Cornwall, Jointly. 4. When the kit was ready to deliver, POC Logistics presented its valid PA Sales Tax exemption certificate to SWWP and requested delivery. 5. SWWP, Inc. and its president refused to make delivery. An offer of indemnification of SWWP for any sales tax liability arising from this matter was rebuffed by Mr. Palson of SWWP, and the kit was never delivered. 6. SWWP, Inc nevertheless fraudulently negotiated the $1,500 check, but to this date has continued to refuse to deliver the goods. 7. SWWP has since been forced to surrender the check by their bank. However, I hold a replacement check and have repeatedly offered it to SWWP in an attempt to effect delivery of the kit. Allegedly, Mr. Palson the president of SWWP is a former law enforcement official and is thus used to making his own law. 8. SWWP has refused offers to negotiate on the matter offered by "Logistics" and by counsel retained by "Logistics." SWWP has refused to have the matter handled by arbitration or formal mediation. 9. SWWP now threatens to sell the kit at auction and retain both the sale proceeds and "POC's" $9,000 in deposits. -2- 10. SWWP wants to charge "storage" fees on the order of $800 for keeping the unit all this time even though their bizarre behavior is the sole cause of the need for "storage". They still will not honor the sales tax exemption certificate despite our repeated offer to indemnify them from any liability for failure to collect sales tax. SWWP also refuses to pay interest on the $9,000 deposit wrongfully retained. 11. "POC" has been damaged significantly in that the 10C unit, which is NOT a primary residence, has had a dangerous and unusable deck where the sunroom was to have been installed remains open to the weather and has been without railings for over a year. Furthermore, the siding has been open to the weather for the same time, allowing both weather and birds and other pests to intrude into the structure of the building. There has been consequential damage to the insulation and interior structure of the building. A reasonable estimate of this damage is at least $4,800 subject to inspection and verification. 12. "POC" has also been deprived of use of the deck, 14' in the air, which is unsafe and has no railing pending installation of the sunroom. The deck season is approximately six months per year and 1.5 seasons have been lost. A reasonable estimate of the value of the use of the deck is $250 per month in the season, or $1,500 annually. Total damages in this instance are deemed to be $2,250. -3- 13. Legal and collection costs, fortunately have been minimal to date. I previously engaged an attorney to attempt a resolution at a cost of $600 and filing fees in this instant matter are estimated at $90, plus document costs of $60. The total of $750 is therefore provisional. 14. The behavior of SVWUP, its President, and Mr. Palson has been egregious and therefore punitive treble damages are appropriate in this case. Based on the claims for Legal fees, loss of use of the original deck, and the damage to the house because of being open to the weather, treble damages would amount to at least $23, 400. 15. Plaintiff is no longer willing to submit to binding arbitration but remains open to formal mediation provided the kit is in fact still available for delivery, and is 100% fit for delivery. 16. Summary of Monetary Amounts These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining settlement. NO Item Amount 1. Deposit $ 9,000 2. Interest @ 8% Simple Int 840 3. Legalfees 750 4. Loss of use Deck 2,250 5. Damage House - exposure 4,800 6. Punitive Damages 23,400 -4- (3 x #3, 4, 5) Total $41,040.00 WHEREFORE, Plaintiff hereby moves that this Honorable Court grant relief by ordering immediate delivery of the sun room kit or an immediate refund of the deposit in the amount of $9,000. Plaintiff prefers delivery of the kit, and any monetary awards should be reduced by the amount of $1,500 still owing on the kit, if in fact the kit is delivered in usable condition. Assuming delivery, Prayer for a monetary award of $8,650 less $1,500 or $7,140.00 is made. This covers interest, legal fees, Loss of use of the deck and damages to the structure of the house. Additionally punitive damages in the amount of $23,400 are clearly warranted in this case. Respectfully Submitted, fQ4 z? Dated this 2V' day of August, 2009 George M. Cornwall -5- 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.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: August 29, 2009 LA44:::? George M. Cornwall -7- F L[:I:'4",taFl OF OF THE Y S`°?'' M1b 2CC9 Ae3Z AV 8: 32 Cl't !iv 1`Y *'i8.5o Pb A"ITY M0,10 sgovo & o&s- George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties VS. Plaintiff, SWWP, Inc. & Michael Palson, President, & Michael Palson, personally Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract PETITION FOR MONEY DAMAGES ARISING FROM FAILURE TO PERFORM ON COMMERCIAL CONTRACT PETITION FOR AWARD OF CONSEQUENTIAL AND PUNITIVE DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "POC Logistics", "Logistics" or "POC", appearing Pro-Se, and concerning certain improvements to the premises at 10 Orange Street, Unit C, Mount Holly Springs, PA 17065, avers as follows: 1. On or about August 5, 2008, Cornwall acting as and for POC Logistics, entered into a Commercial Supply Contract for a Sun-Room component kit with SWWP, Inc. of Carlisle, PA. 2. The contract was executed in the showroom of SWWP, Inc. located at 469 E. North Street, Carlisle, PA. 17013. The Sun room kit had a set purchase -3- price of $10,500 and provided for delivery on the ground at the job site, at 10 C Orange Street, Mt. Holly Springs, PA 17065. 3. Various deposits were paid and have been retained by SWWP which total $9,000. A final payment in the amount of $1,500 by credit union cashier's check was tendered which was payable to SWWP, INC. and George M. Cornwall, Jointly. 4. When the kit was ready to deliver, POC Logistics presented its valid PA Sales Tax exemption certificate to SWWP and requested delivery. 5. SWWP, Inc. and its president refused to make delivery. An offer of indemnification of SWWP for any sales tax liability arising from this matter was rebuffed by Mr. Palson of SWWP, and the kit was never delivered. 6. SWWP, Inc nevertheless fraudulently negotiated the $1,500 check, but to this date has continued to refuse to deliver the goods. 7. SWWP has since been forced to surrender the check by their bank. However, I hold a replacement check and have repeatedly offered it to SWWP in an attempt to effect delivery of the kit. Allegedly, Mr. Palson the president of SWWP is a former law enforcement official and is thus used to making his own law. 8. SWWP has refused offers to negotiate on the matter offered by "Logistics" and by counsel retained by "Logistics." SWWP has refused to have the matter handled by arbitration or formal mediation. -4- 9. SWWP now threatens to sell the kit at auction and retain both the sale proceeds and "POC's" $9,000 in deposits. 10. SWWP wants to charge "storage" fees on the order of $800 for keeping the unit all this time even though their bizarre behavior is the sole cause of the need for "storage". They still will not honor the sales tax exemption certificate despite our repeated offer to indemnify them from any liability for failure to collect sales tax. SWWP also refuses to pay interest on the $9,000 deposit wrongfully retained. 11. "POC" has been damaged significantly in that the 10C unit, which is NOT a primary residence, has had a dangerous and unusable deck where the sunroom was to have been installed remains open to the weather and has been without railings for over a year. Furthermore, the siding has been open to the weather for the same time, allowing both weather and birds and other pests to intrude into the structure of the building. There has been consequential damage to the insulation and interior structure of the building. A reasonable estimate of this damage is at least $4,800 subject to inspection and verification. 12. "POC" has also been deprived of use of the deck, 14' in the air, which is unsafe and has no railing pending installation of the sunroom. The deck season is approximately six months per year and 1.5 seasons have been lost. A reasonable estimate of the value of the use of the deck is $250 -5- per month in the season, or $1,500 annually. Total damages in this instance are deemed to be $2,250. 13. Legal and collection costs, fortunately have been minimal to date. I previously engaged an attorney to attempt a resolution at a cost of $600 and filing fees in this instant matter are estimated at $90, plus document costs of $60. The total of $750 is therefore provisional. 14. The behavior of SVW11P, its President, and Mr. Palson has been egregious and therefore punitive treble damages are appropriate in this case. Based on the claims for Legal fees, loss of use of the original deck, and the damage to the house because of being open to the weather, treble damages would amount to at least $23, 400. 15. Plaintiff is no longer willing to submit to binding arbitration but remains open to formal mediation provided the kit is in fact still available for delivery, and is 100% fit for delivery. 16. Summary of Monetary Amounts These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining settlement. NO Item Amount 1. Deposit $ 9,000 2. Interest @ 8% Simple Int 840 3. Legal fees 750 4. Loss of use Deck 2,250 -6- 5. Damage House - exposure 4,800 6. Punitive Damages (3 x #3, 4, 5) 23,400 Total $41,040.00 WHEREFORE, Plaintiff hereby moves that this Honorable Court grant relief by ordering immediate delivery of the sun room kit or an immediate refund of the deposit in the amount of $9,000. Plaintiff prefers delivery of the kit, and any monetary awards should be reduced by the amount of $1,500 still owing on the kit, if in fact the kit is delivered in usable condition. Assuming delivery, Prayer for a monetary award of $8,650 less $1,500 or $7,140.00 is made. This covers interest, legal fees, Loss of use of the deck and damages to the structure of the house. Additionally punitive damages in the amount of $23,400 are clearly warranted in this case. Respectfully Submitted, Dated this 4th day of September, 2009 ?? 14,-, 1 - //// ?' -- -'// I George M. Cornwall -7- 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.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 4, 2009 George M. Cornwall -8- FILED-Of F-4CE OF THE P-RTH,v TARP 2009 SEP - 4 Pty 1: 2 4 , ", ill u PG',A YLVMIA George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Palson, President, & Michael Palson, personally Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract 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 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 FALL 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 OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR 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 717-249-3166 George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Palson, President, & Michael Palson, personally Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract COMPLAINT OF BREACH OF CONTRACT AND FAILURE TO DELIVER MERCHANDISE. AND SEEKING MONEY DAMAGES ARISING FROM FAILURE TO PERFORM ON COMMERCIAL CONTRACT, AWARD OF CONSEQUENTIAL AND PUNITIVE DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "POC Logistics", "Logistics" or "POC", appearing Pro-Se, and concerning certain improvements to the premises at 10 Orange Street, Unit C, Mount Holly Springs, PA 17065, avers as follows: 1. On or about August 5, 2008, Cornwall acting as and for POC Logistics, entered into a Commercial Supply Contract for a Sun-Room component kit with SWWP, Inc. of Carlisle, PA. 2. The contract was executed in the showroom of SWWP, Inc. located at 469 E. North Street, Carlisle, PA. 17013. The Sun room kit had a set purchase -1- price of $10,500 and provided for delivery on the ground at the job site, at 10 C Orange Street, Mt. Holly Springs, PA 17065. 3. Various deposits were paid and have been retained by SWWP which total $9,000. A final payment in the amount of $1,500 by credit union cashier's check was tendered which was payable to SWWP, INC. and George M. Cornwall, Jointly. 4. When the kit was ready to deliver, POC Logistics presented its valid PA Sales Tax exemption certificate to SWWP and requested delivery. 5. SWWP, Inc. and its president refused to make delivery. An offer of indemnification of SWWP for any sales tax liability arising from this matter was rebuffed by Mr. Palson of SWWP, and the kit was never delivered. 6. SWWP, Inc nevertheless fraudulently negotiated the $1,500 check, but to this date has continued to refuse to deliver the goods. 7. SWWP has since been forced to surrender the check by their bank. However, I hold a replacement check and have repeatedly offered it to SWWP in an attempt to effect delivery of the kit. 8. SWWP has refused offers to negotiate on the matter offered by "Logistics" and by counsel retained by "Logistics." SWWP has refused to have the matter handled by arbitration or formal mediation. 9. SWWP now threatens to sell the kit at auction and retain both the sale proceeds and "POC's" $9,000 in deposits. -2- 10. SWWP wants to charge "storage" fees on the order of $800 for keeping the unit all this time even though their bizarre behavior is the sole cause of the need for "storage". They still will not honor the sales tax exemption certificate despite our repeated offer to indemnify them from any liability for failure to collect sales tax. SWWP also refuses to pay interest on the $9,000 deposit wrongfully retained. 11. "POC" has been damaged significantly in that the 10C unit, which is NOT a primary residence, has had a dangerous and unusable deck where the sunroom was to have been installed remains open to the weather and has been without railings for over a year. Furthermore, the siding has been open to the weather for the same time, allowing both weather and birds and other pests to intrude into the structure of the building. There has been consequential damage to the insulation and interior structure of the building. A reasonable estimate of this damage is at least $4,800 subject to inspection and verification. 12. "POC" has also been deprived of use of the deck, 14' in the air, which is unsafe and has no railing pending installation of the sunroom. The deck season is approximately six months per year and 1.5 seasons have been lost. A reasonable estimate of the value of the use of the deck is $250 per month in the season, or $1,500 annually. Total damages in this instance are deemed to be $2,250. -3- 13. Legal and collection costs, fortunately have been minimal to date. I previously engaged an attorney to attempt a resolution at a cost of $600 and filing fees in this instant matter are estimated at $90, plus document costs of $60. The total of $750 is therefore provisional. 14. The behavior of SWWP, its President, and Mr. Palson has been egregious and therefore punitive treble damages are appropriate in this case. Based on the claims for Legal fees, loss of use of the original deck, and the damage to the house because of being open to the weather, treble damages would amount to at least $23, 400. 15. Plaintiff is no longer willing to submit to binding arbitration but remains open to formal mediation provided the kit is in fact still available for delivery, and is 100% fit for delivery. 16. Summary of Monetary Amounts These amounts are estimates as of the date of the complaint and are subject to adjustment at time of order or time of gaining settlement. NO Item Amount 1. Deposit $ 9,000 2. Interest @ 8% Simple Int 840 3. Legal fees 750 4. Loss of use Deck 2,250 5. Damage House - exposure 4,800 6. Punitive Damages 23,400 -4- (3x#3,4,5) Total $41,040.00 WHEREFORE, Plaintiff hereby REQUESTS AN IMMEDIATE HEARING ON THIS COMPLAINT AND IS PREPARED TO SUPPORT THE ABOVE ALLEGATIONS AT TRIAL. Respectfully Submitted, George M. Cornwall Dated this 4th day of September, 2009 -5- 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.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 4, 2009 George M. Cornwall -6- Of THE r C)THOtXOTIAPY 2009 SEP -4 PM 1: 2 FENNOYLVANIA George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Palson, President, & Michael Palson, personally Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract AFFIDAVIT OF SERVICE OF COMPLAINT IN BREACH OF CONTRACT COMPLAINT, PETITION AND MOTION SEEKING MONETARY JUDGEMENT AND SPECIFIC PERFORMANCE AND NOW comes George M. Cornwall, the above Plaintiff, herein "CORNWALL", appearing Pro-Se, and concerning BREACH OF CONTRACT WITH SWWP, INC., AND having previously filed a complaint in this matter, avers and swears as follows: 1. On or about September 4, 2009, CORNWALL did effect service of the above captioned complaint by hand delivery and /or mailing by First Class Mail postage prepaid a conformed copy of the complaint together with a copy of the required "Notice to Defend, to each of the named defendants captioned above. -I- Respectfully Submitted, George M. Cornwall Dated this 4rd day of September, 2009 -2- 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.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 4, 2009 cc ? 1?4? 2 f -, - /// George M. Cornwall -3- OF THE PR(,l7ht lrTAPY 2009 SEP - 4 Pty f : 2 7 WUNTY PENNSYLVANIA George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Palson, President, & Michael Palson, personally Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract 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 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 FALL 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 OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR 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 717-249-3166 George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Palson, President, & Michael Palson, personally COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract Defendants COMPLAINT ASKING HEARING IN BREACH OF CONTRACT AND FAILURE TO DELIVER MERCHANDISE DISPUTE SEEKING DAMAGES ARISING FROM BREACH OF CONTRACT CONSEQUENTIAL AND PUNITIVE DAMAGES AND NOW comes George M. Cornwall, the above Plaintiff, herein "Cornwall", or "POC", appearing Pro-Se, and concerning certain improvements to the premises at 10 Orange Street, Unit C, Mount Holly Springs, PA 17065, avers as follows: 1. On or about August 5, 2008, "Cornwall" acting as and for POC Logistics, entered into a Contract for the supply and delivery of a Sun-Room component kit with the above named Defendant, SWWP, Inc., herein "SWWP", of 469 E. North Street, Carlisle, PA, 17013. -1- ti 2. The contract was executed in the showroom of SWWP, Inc. located at 469 E. North Street, Carlisle, PA. 17013. The Sun room kit had a set purchase price of $10,500 and was to be delivered on the ground at the job site, at 10 C Orange Street, Mt. Holly Springs, PA 17065. 3. Various deposits were paid and have been retained by SWWP which total $9,000. A final payment in the amount of $1,500 by credit union cashier's check was tendered which was payable to SWWP, INC. and George M. Cornwall, Jointly. 4. "Cornwall" tendered payment in full, but "SWWP" refused to deliver the merchandise. "SWWP" nevertheless improperly negotiated the final payment, made by joint Check, without endorsement by "Cornwall". 5. Thus, a Hearing is sought so that arguments may be presented to the Court in s upport of this complaint for damages for failure to deliver merchandise. 6. All following paragraphs contain material presented as additional background information for the Court. When the kit was ready for delivery, POC Logistics presented its valid PA Sales Tax exemption certificate to "SWWP" and requested delivery. 7. SWWP, Inc. and its president refused to make delivery. An offer of indemnification of SWWP for any sales tax liability arising from this matter was rebuffed by Mr. Palson of SWWP, and the kit was never delivered. -2- y 8. SWWP, Inc nevertheless improperly negotiated the $1,500 check, but to this date has continued to refuse to deliver the goods. 9. SWWP has since been forced to surrender the check by its bank. However, "Cornwall" holds a replacement check and has repeatedly offered it to SWWP in an attempt to effect delivery of the kit. 10. SWWP has refused offers to negotiate on the matter offered by "Cornwall" and by counsel retained by "POC." SWWP has refused to have the matter handled by arbitration or formal mediation. 11. SWWP now threatens to sell the kit at auction and retain both the sale proceeds and " POC's" $9,000 in deposits. 12. SWWP wants to charge "storage" fees on the order of $800 for keeping the unit all this time even though their bizarre behavior is the sole cause of the need for "storage". They still will not honor the sales tax exemption certificate despite °POC's" repeated offer to indemnify "SWWP" from any liability for failure to collect sales tax. SWWP also refuses to pay interest on the $9,000 deposit wrongfully retained. 13. "POU has been damaged significantly in that the 10C unit, which is NOT a primary residence, has had a dangerous and unusable deck where the sunroom was to have been installed, still remains open to the weather and has been without railings for over a year. Furthermore, the siding has been open to the weather for the same time, allowing both weather and birds and other pests to intrude into the structure of the building. -3- ti There has almost certainly been consequential damage to the insulation and interior structure of the building. A reasonable estimate of this damage is at least $4,800 subject to inspection and verification. 14. "POC" has also been deprived of use of the deck, 14' in the air, which is unsafe and has no railing pending installation of the sunroom. The deck season is approximately six months per year and 1.5 seasons have been lost. A reasonable estimate of the value of the use of the deck is $250 per month in the season, or $1,500 annually. Total damages in this instance are deemed to be $2,250. 15. Fortunately, Legal and collection costs have been minimal to date. "Cornwall" previously engaged an attorney to attempt resolution at a cost of $600 and filing fees in this instant matter are estimated at $90, plus document costs of $60. The total of $750 is therefore provisional. 16. The behavior of "SWWP", its President, and Mr. Palson has been egregious and therefore punitive treble damages are appropriate in this case. Based on the claims for legal fees, loss of use of the original deck, and the damage to the house because of being open to the weather, which total $7,800; treble damages would amount to at least $23, 400. 17. Plaintiff is no longer willing to submit to binding arbitration but remains open to formal mediation provided the kit is in fact still available for delivery, and is 100% fit for delivery. -4- 18. Summary of Monetary Amounts These amounts are estimates as of the date of the complaint and are subject to adjustment at time of Hearing. NO Item Amount 1. Deposit $ 9,000 2. Interest @ 8% Simple Int 840 3. Legal fees 750 4. Loss of use Deck 2,250 5. Damage House - exposure 4,800 6. Punitive Damages (3x#3,4,5) 23,400 Total $41,040.00 WHEREFORE, Plaintiff stands ready to substantiate these amounts and the other wrongful actions cited in the complaint at the time of hearing. Respectfully Submitted, George M. Cornwall Dated this 15th day of September, 2009 -5- 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.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 15, 2009c?„T,? ?t,asL George M. Cornwall -6- FILED4."'IFF'CE OF THIE" ,? ; =snr•,1 ,CRY 2009 SEE? 15 P " (: 5 7 SYLVAN cw. JIIIN! N George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Palson, President, & Michael Palson, personally Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract AFFIDAVIT OF SERVICE OF COMPLAINT IN BREACH OF CONTRACT COMPLAINT PETITION AND MOTION SEEKING MONETARY JUDGEMENT AND SPECIFIC PERFORMANCE AND NOW comes George M. Cornwall, the above Plaintiff, herein "CORNWALL", appearing Pro-Se, and concerning BREACH OF CONTRACT WITH SWWP, INC., AND having previously filed a complaint in this matter, avers and swears as follows: 1. On or about September 15, 2009, CORNWALL did effect service of the above captioned complaint by hand delivery and /or mailing by First Class Mail postage prepaid a conformed copy of the complaint together with a copy of the required "'Notice to Defend, to each of the named defendants captioned above. -1- Respectfully Submitted, George M. Cornwall Dated this 15th day of September, 2009 -2- 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.C.S. Section 4904, relating to unsworn falsifications to authorities. Date: September 15, 2009 George M. Cornwall -3- FILE[- -!"E- OF 71-11" P; `")TA; 2009 SEF 15 FI°1 1, 5 0 CUPr+ ? !1i?dT1'' Lv? ?: vl George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Paley, President, & Michael Paley, personally Defendants Date of Notice: November 4, 2009 : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract 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 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 ,- George M. Cornwall, Pro Se 10 Orange Street Unit C Mt Holly Springs, PA 17065 FILET -:) =i=iGE OF THE R"". 'j'0TARY 2009 NOV -i4 AM I0.' 59 r ? George M. CORNWALL, Dba POC LOGISTICS, LLC & POC Properties Plaintiff, VS. SWWP, Inc. & Michael Paley, President, & Michael Paley, personally Defendants : COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5963 CIVIL TERM Breach of Contract AND NOW comes George M. Cornwall, the above Plaintiff, herein "Cornwall", appearing Pro-Se, and concerning a Breach of Contact Dispute with SWWP, Inc. et. al. having previously filed a complaint in this matter, avers and swears as follows: 1. On or about November 3, 2009, "Comwall" did effect service of the above captioned Notice by hand delivery and / or mailing by First Class Mail postage prepaid a conformed copy of the Response and Motion to each of the named defendants. Respectfully Submitted, George M. Comwall Dated this 4rth day of November, 2009 -1- 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.C.S. Section 4904, relating to unworn falsifications to authorities. Date: November 4, 2009 George M. Cornwall -2- RLED-- Q,? ICE F THE ti ,,u ,TAR7 2009 NOV -4 Aid 10: 59 GEORGE M. CORNWALL, Dba : IN THE COURT OF COMMON PLEAS OF POC LOGISTICS, LLC & : CUMBERLAND COUNTY, PENNSYLVANIA POC PROPERTIES Plaintiff, V. SWWP, INC. & : No. 2009 - 5963 CIVIL TERM MICHAEL PALSON, President & MICHEAL PALSON, Personally Defendants. NOTICE YOU ARE HEREBY NOTIFIED that you must responsively plead to the within Defendant's New Matter and Counterclaim, pursuant to Pa. R.C.P. 1026 within twenty (20) days after service, or a default judgment may be entered against you. Date: November 13, 2009 IRWIN & McKNIGHT, P.C. By: 111?6"?77 Matthew A. McK ght, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorneys for SWWP, Inc. and Michael Palson GEORGE M. CORNWALL, Dba POC LOGISTICS, LLC & POC PROPERTIES Plaintiff, V. SWWP, INC. & MICHAEL PALSON, President & MICHEAL PALSON, Personally Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 - 5963 CIVIL TERM ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW this 13th day of November, 2009, come the Defendants by and through their attorneys, Irwin & McKnight, P.C., and pursuant to respectfully file this Answer with New Matter and Counterclaim to the Plaintiff's Complaint, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (1) of Plaintiff's Complaint are denied as stated. It is admitted that Cornwall entered into a written agreement with SWWP, Inc. for the supply and delivery of a custom sunroom, on or about July 22, 2008, not the August 5, 2008 dated stated. A copy of the July 22, 2008 agreement is attached as Exhibit "A". It is further admitted that SWWP, Inc. has an address of 469 E. North Street, Carlisle, Pennsylvania 17013. The remaining averments in paragraph one (1), are specifically denied and strict proof thereof is demanded at trial. By way of further answer, it is specifically denied that POC Logistics has any part of the agreement between Cornwall and SWWP, Inc. 2. The averments contained in paragraph two (2) are admitted in part and denied in part. It is specifically denied that the purchase price was for $10,500. The remaining averments of fact are admitted. 3. The averments of fact contained in paragraph three (3) of Plaintiffs Complaint are denied as stated. It is admitted that Cornwall provided a deposit of $10,000.00, not the $9,000.00 stated. A copy of the check for $10,000.00 deposit is attached as Exhibit "B". It is further admitted that a check in the amount of $1,500.00 was tendered to SWWP, payable to SWWP and Cornwall. The remaining averments in paragraph three (3), are specifically denied and strict proof thereof is demanded at trial. By way of further answer, it is specifically denied that the check for $1,500.00 was for final payment. 4. The averments contained in paragraph four (4) are specifically denied and strict proof thereof is demanded at trial. 5. The averments contained in paragraph five (5) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are admitted in part and denied in part. It is admitted that SWWP, Inc. refused to make delivery due to Cornwall's failure to pay the remaining $2,190.00 owed under the agreement. The remaining averments in paragraph seven (7), are specifically denied and strict proof thereof is demanded at trial. 8. The averments contained in paragraph eight (8) are specifically denied and strict proof thereof is demanded at trial. 9. The averments contained in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. 10. The averments contained in paragraph ten (10) are specifically denied and strict proof thereof is demanded at trial. 11. The averments of fact contained in paragraph eleven (11) of Plaintiff s Complaint are denied as stated. It is admitted that SWWP, Inc. retains the right to sell the sunroom at auction due to Cornwall's breach of contract. The remaining averments in paragraph eleven (11), are specifically denied and strict proof thereof is demanded at trial. 3 12. The averments of fact contained in paragraph twelve (12) of Plaintiff s Complaint are denied as stated. It is admitted that SWWP, Inc. is entitled to storage fees in the amount of $10.00 per day from October 1, 2008, due to Cornwall's breach of contract. The remaining averments in paragraph twelve (12), are specifically denied and strict proof thereof is demanded at trial. 13. The averments contained in paragraph thirteen (13) are specifically denied and strict proof thereof is demanded at trial. 14. The averments contained in paragraph fourteen (14) are specifically denied and strict proof thereof is demanded at trial. 15. The averments contained in paragraph fifteen (15) are specifically denied and strict proof thereof is demanded at trial. 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 17. The averments contained in paragraph seventeen (17) are specifically denied and strict proof thereof is demanded at trial. 18. The averments contained in paragraph eighteen (18) are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants respectfully requests that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter. 4 NEW MATTER 19. The averments of fact contained in Defendants' Answers above are hereby incorporated by reference as if fully set forth below. 20. SWWP, Inc. entered into a contract with George Cornwall, on or about July 22, 2008, to supply Cornwall with a sunroom for the total purchase price of $12,190.00. A copy of the contract is attached as Exhibit "A". 21. Michael Palson is the Executive President of SWWP, Inc. 22. Michael Palson is not personally a party to the contract between SWWP, Inc. and Cornwall. 23. Cornwall provided a deposit of $10,000.00 to SWWP, Inc. at the time of the contract, with the balance of $2190.00 to be paid prior to delivery. 24. Delivery of the sunroom by SWWP, Inc. was to be on or about August 15, 2008. 25. When the sunroom was available for delivery, SWWP, Inc. made several attempts to contact Cornwall, but received no response. 26. On or about September 12, 2008, Cornwall arrived at the SWWP, Inc. office and requested that sales tax on the sunroom be waived because he now wanted the sunroom to be sold to his installer. SWWP, Inc. refused to waive the sales tax. 27. On or about September 16, 2008, Cornwall again arrived at the SWWP, Inc. office, insisting that the sales tax be waived because he wanted to purchase the sunroom through an LLC called POC Logistics. 28. Prior to September 16, 2008, there had never been any mention to SWWP, Inc. of POC Logistics, LLC. 29. Because POC Logistics, LLC was not a party to the agreement between SWWP, Inc. and Cornwall, SWWP, Inc. continued to refuse to waive the sales tax. 30. Also, on or about September 16, 2008, Cornwall provided a check in the amount of $1,500.00 to SWWP, Inc. 5 31. The check was made payable to Cornwall and SWWP, Inc. 32. SWWP, Inc. deposited the check in its account, and continued to demand the remaining balance of $690.00 to be paid prior to delivery of the sunroom. 33. On or about January 12, 2009, the $1,500.00 deposit was debited from SWWP, Inc.'s account allegedly because Cornwall had failed to endorse the check. 34. Cornwall has consistently refused to tender the outstanding balance of $2,190.00 due to SWWP, Inc. WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiffs in this matter. COUNTERCLAIM BREACH OF CONTRACT 35. The averments of fact contained in the Answers and New Matter to the Complaint are hereby incorporated by reference and are made a part of this Counterclaim.. 36. SWWP, Inc. entered into a contract with George Cornwall, on or about July 22, 2008, to supply Cornwall with a sunroom for the total purchase price of $12,190.00. A copy of the contract is attached as Exhibit "A". 37. Despite repeated opportunity, Cornwall has consistently failed to pay the remaining $2,190.00 of the contract purchase price. 38. As a result of Cornwall's breach, SWWP, Inc. has had to incur storage charges of $10.00 per day since October 1, 2008. 6 WHEREFORE, Defendants demand judgment against Plaintiff, George M. Cornwall in the amount of Two Thousand One Hundred Ninety and no/100 ($2,190.00) Dollars, as well as storage fees of Ten ($10.00) Dollars per day since October 1, 2008, together with costs, interest, reasonable attorneys fees and any other relief this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: Matthew A. McIfnight, Esquire Supreme Court ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Dated: November 13, 2009 Attorneys for SWWP, Inc. and Michael Palson. 7 VERIFICATION The foregoing document is based upon information which has been gathered by corporate counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. SWWP, Inc. MICHAEL PALSON, President EL ON, Individually Date: / lz?l 2009 MIBIT "e Window/Door Sales Order Corporate Office ;VV VV 469 E North Street F Estimated Ship Date Date S.O. No. S oc Carlisle, PA 17013 8/15/2008 7/22/2008 961-R Name / Address Ship To George Cornwall George Cornwall 10 Orange St Unit C 10 Orange St Unit C Mt. Holly Springs , PA 17065 Mt. Holly Springs, PA 17065 503-784-3888 717-323-0053 Terms Due Date Rep Job Name Paid In Adavance 7/22/2008 MP Cornwall No Description Qty. Size ( W x H ) /Location Rate Amount I Energy Plus Vinyl Sunroom - Beige with Glass slider windows, glass traps, glass I 12' wide x 9'8 1/2" depth 11,500.00 11,500.OOT transoms and fixed foot panels and 5' sliding glass door from inside looking out slide from left to right. I" Snaplock Gable Roof see drawings form manufacture This Sales order supercedes all previous sales orders****** Deposit of $10,000.00 on 7-23-2008 Check 4362883 Sales Tax 6.00% 690.00 Total $12,190.00 1 affirm that l am solely responsible for the above items ordered. I have provided all information for the above order including measurements and specifications.I understand that the ship date is estimated. I further understand that all items are special order, all monies, applied to this order is non refundable. All items ar NNO retu s, No exchanges on windows or doors. I affirm this by signing this as indicated below. 4 Signature Phone # Fax # E-mail Web Site 717-258-6011 717-258-6046 sales (Di swwp.us www.swwp.us PA- NY -CT- NJ - DE-VA - DC - MD- MA - W VA EXHIBIT "B" W o? C3 03. W o. r r of 0 -' 0 -! 0 01--! U O; O r! r W'. O' r Q]. ti i' O ?O d -3 M O? 02 0C) O 9E H H 0 r- a a. O C) 0 d 0 a x y a f m m 2.10 U) -P, r Cron d tri CD m H 7_ VJ c O z y v J O U1 cn o a ? ? a m ? rnawv? ?O o m >>o'c O "3w xco ? d °Dm A3 O CsJ ° 3 3 00 m ? y 3oN H =m 03? 3Z5 V,p ? A K m O T m0 o D T ? O 0 t7 O O O O m D p -? 0 N c 2 00 z m 00 w zz x CERTIFICATE OF SERVICE I, the undersigned hereby certify that on this 13th day of November, 2009, a copy of the Answer With New Matter was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: George Cornwall 10 Orange St, Unit C Mt. Holly Springs, PA 17065 IRWIN & McKNIGHT, P.C. i Matthew A. McKni t, Esquire Supreme Court I.D. No: 93010 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendants, SWWP, Inc. & Michael Palson ?Rly