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HomeMy WebLinkAbout09-8058THE WORD AND COMPANY, INC and STEPHEN W. BAILEY, Plaintiffs V. RANCK A. BYLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 6?1- '}f OS :J 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 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 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 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 (717) 249-3166 (800) 990-9108 THE WORD AND COMPANY, INC and STEPHEN W. BAILEY, Plaintiffs V. RANCK A. BYLER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE AGOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Defendant Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiffs THE WORD AND COMPANY, INC. : IN THE COURT OF COMMON PLEAS OF and STEPHEN W. BAILEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - EQUITY V. : NO. RANCK A. BYLER, Defendant COMPLAINT 1. Plaintiff The Word and Company, Inc. is a Pennsylvania Corporation with its registered place of business at 932 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. o o 7?) 2. Plaintiff Stephen W. Bailey is an adult individual, who is the President of Plaintiff The Word and Company, Inc.; Mr. Bailey resides at 932 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. ?ow 3. Defendant Ranck A. Byler is an adult individual who is also an officer of Plaintiff The Word and Company, Inc.; Mr. Byler resides at 209 Moore Dale Road, Carlisle, Cumberland County, Pennsylvania. `I q k 4. Plaintiff The Word and Company, Inc. was created on or about February 9, 2007. 5. Plaintiff The Word and Company, Inc., when it was active, also used the trade name of God Bless America Crafts. 6. As the trade name cited in the previous paragraph that would suggest, The Word and Company, Inc. sold craft items at craft shows. 7. Plaintiff The Word and Company, Inc. proceeded with sales at craft shows through most of 2007, and then expended to opening a retail store later that year. 8. Plaintiff The Word and Company, Inc. closed the store in May, 2008, and also ceased active operations in or about June, 2008. 9. At the time that Plaintiff The Word and Company, Inc. ceased active operations, and shortly before that time and shortly thereafter, Defendant Ranck A. Byler took with him assets of the corporation, and inventory. 10. The Defendant took the assets and inventory with him pursuant to an agreement (made on behalf of the Corporate Plaintiff) with Plaintiff Stephen W. Bailey, the agreement being that Defendant would (again, on behalf of the Corporate Plaintiff) sell the corporate inventory at one or more craft shows through the end of June, 2008, at which time, pursuant to the agreement, Plaintiff Stephen W. Bailey (acting on behalf of the Corporate Plaintiff) and the Defendant would together count up the inventory, cease operations of the Corporate Plaintiff and liquidate the inventory for final distribution and final payment of the corporate debts. 11. The assets in Defendant's possession consist at least of fixtures for retail store sales, a Dell laptop computer, retail sales software, a hauling trailer and a van; the value 2 of the assets is approximately $12,500.00 and Plaintiffs estimate that the value of the inventory (although some has been sold in the interim) is approximately $45,000.00 at cost. 12. Defendant did not comply with the agreement described above, has not deposited any sales revenue into an account of the Corporate Plaintiff since July, 2008, and has not returned to the Corporation any inventory that he may still possess, nor any of the assets described above. 13. Plaintiff The Word and Company, Inc. needs to have access to the assets and particularly to the inventory so that the Corporation can sell off the inventory, and generate funds to pay off the final corporate debts. 14. Defendant, rather than selling the inventory on behalf of the Plaintiff corporation, has sold some of the inventory (Plaintiffs are not in a position to know the precise amount he has sold thus far) and kept the proceeds for himself. 15. Plaintiffs believe and therefore that, without intervention from this Court, the pattern of Defendant's conduct as described in the previous paragraph will continue, and the Corporation will continue to lose revenue and its rights to its own inventory without Court intervention. 16. It is important for the Corporation to be able to sell off the inventory and generate funds in that the Corporation still owes several debts, most notably, approximately $3,500.00 in withholding or trust fund taxes that were withheld from employees' wages, but that, despite representations to the contrary, Defendant did not pay over to the United States Treasury or other taxing authorities when he had the opportunity to do so on behalf 3 of The Word and Company, Inc. in the Summer of 2008. 17. Essentially, Defendant has taken corporate inventory and corporate assets and converted them to his own use, and will continue to do so without Court intervention; in fact, Plaintiffs believe and therefore aver that Defendant will attempt to sell a large part of the inventory that he still possesses at craft shows that begin at the York Craft Show and at the Farm Show Building in Harrisburg, Pennsylvania, on or about November 27, 2009. 18. Because of Defendant's conduct as described above, both Plaintiffs (the Corporation for reasons that have been described above, and the Plaintiff Stephen W. Bailey, because of corporate officers' personal liability for trust fund taxes that are due but unpaid) have suffered and will continue to suffer irreparable harm if this Court does not act to stop Defendant's selling of inventory and wasting of corporate assets, via injunction. 19. Under the circumstances described above, both Plaintiffs believe and therefore aver that Defendant should also be ordered to account to the Corporate Plaintiff for any sales of corporate inventory that he has already made. 20. Plaintiffs further believe and therefore aver that, given Defendant's course of conduct to the present and his probable course of conduct (continuing to sell the corporate inventory) into the foreseeable future, a court order halting such practices is necessary, and Plaintiffs do not have an adequate remedy on the law side of the Court. WHEREFORE, Plaintiffs request this Honorable Court to: a. As requested in documents filed contemperaneously with this complaint, enter both a temporary restraining order and a preliminary 4 injunction against Defendant, prohibiting him from selling any more of the Corporation's inventory; b. Enter a permanent injunction requiring Defendant to return the inventory and corporate assets that he still possesses (with the possible exclusion of the van); C. Enter an injunction requiring Defendant to account to the Corporation (e.g., turn overfunds to the Corporation) representing an amount equal to the amount that Defendant realized from previous sales of the corporate inventory, including entering judgment against him for that sum if necessary; d. Tax the costs of this action, including a reasonable attorney's fee, against Defendant and e. Provide any other relief the Court deems appropriate. Date Attorney for Ja s 407 Nortro First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 5 VERIFICATION 1, Anthony T. McBeth, attorney for Plaintiffs, hereby make verification for Plaintiffs in that the individual Plaintiff, who is also the President of the Corporate Plaintiff, is outside the jurisdiction of this Court and his verification cannot be obtained by the time that this document needs to be filed. On that basis, I hereby state that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date FiCE S? PLED-4 -J ????r,., *"??AMY 7099 NOV 19 FM 3: 51 f Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiffs THE WORD AND COMPANY, INC. : IN THE COURT OF COMMON PLEAS OF and STEPHEN W. BAILEY, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs CIVIL ACTION - EQUITY • V. ?M^ (? NO.O RANCK A. BYLER, Defendant PLAINTIFFS' MOTION FOR A PRELIMINARY INJUCTION 1. This motion is being filed contemporaneously with the complaint in the captioned action; the facts set forth in the complaint are incorporated herein by reference. 2. Plaintiffs believe and therefore aver that they are entitled to a preliminary injunction restraining the conduct sought to be restrained in a final sense as articulated in the complaint in that Plaintiffs' chances for success on the merits are high, there will be (and has been) much more harm to the Plaintiffs (particularly the Corporate Plaintiff) then there would be to the Defendant if the relief were granted, the public interest will not be adversely affected if a preliminary injunction is granted, Plaintiffs have done nothing wrong or improper that would otherwise counsel the denial of a preliminary injunction and, most importantly, because of Defendant's conduct as described in the complaint, Plaintiffs (again, particularly the Corporate Plaintiff) are suffering and continue to suffer irreparable harm and do not have an adequate remedy at law to stem the conduct that is the subject of this action. WHEREFORE, Plaintiffs request this Honorable Court to enter a preliminary injunction against Defendant as described herein, to set a hearing date on this request, and to provide any other relief the Court deems appropriate. Date -? d'Rhony T. Beth, Esq. Attorney for I intiffs 407 North Front St., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 2 VERIFICATION I, Anthony T. McBeth, attorney for Plaintiffs, hereby make verification for Plaintiffs in that the individual Plaintiff, who is also the President of the Corporate Plaintiff, is outside the jurisdiction of this Court and his verification cannot be obtained by the time that this document needs to be filed. On that basis, I hereby state that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). , ?. . 1g , 24Wg D to fILC?t.ii`i fl.? OF 7r?c FRC) '-?-'?"dC0T'AW 2009 NOY 19 PH 3: 54 Anthony T. McBeth, Esquire 407 North Front Street Harrisburg, PA 17101 (717) 238-3686 Attorney for Plaintiffs THE WORD AND COMPANY, INC and STEPHEN W. BAILEY, Plaintiffs V. RANCK A. BYLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. • go58 PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER 1. This motion is being filed contemporaneously with the complaint and a with a Motion for Preliminary Injunction. 2. The facts set forth in the complaint are incorporated herein by reference. 3. Plaintiffs believe and therefore aver that a temporary restraining order is necessary to prevent the Defendant from selling any inventory of The Word and Company, inc. at craft shows that are upcoming in York and Harrisburg, and that may begin as early as November 30, 2009, while this motion is being submitted on November 19, 2009; the business week beginning November 23, 2009 will be a short week in that Thursday, November 26 is Thanksgiving Day and if there is not immediate action by the Court, it may not be possible for the Court to enter a preliminary injunction as requested by Plaintiffs, in v time to halt sale of corporate inventory by the Defendant, at the craft shows mentioned herein. 4. As stated in the Motion for Preliminary Injunction, Plaintiffs believe and therefore aver that particularly the Corporate Plaintiff will suffer irreparable harm if a temporary restraining order prohibiting the Defendant from dissipating, and requiring him to preserve, the Corporation's inventory and assets is not entered. WHEREFORE, Plaintiffs request this Honorable Court to enter a temporary restraining order pending hearing on their request for a preliminary injunction, and to provide any other relief the Court deems appropriate. ate IZ, Anthony T. th, Esq. Attorney f r Pla' tiffs 407 North t., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court I.D. # 53729 2 VERIFICATION I, Anthony T. McBeth, attorney for Plaintiffs, hereby make verification for Plaintiffs in that the individual Plaintiff, who is also the President of the Corporate Plaintiff, is outside the jurisdiction of this Court and his verification cannot be obtained by the time that this document needs to be filed. On that basis, I hereby state that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). 1 Lte OF 71HE ^ ; OA?OT,4RY 2009 NOV 19 Pik ?: 03 CUM r-' NOV 1 9 2009 4 THE WORD AND COMPANY, INC and STEPHEN W. BAILEY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY V. : NO. Z O 9- RANCK A. BYLER, Defendant ORDER AND NOW, this Rd-65 day of November, 2009, upon consideration of Plaintiffs' Motion for a Preliminary Injunction, a hearing thereon is scheduled for 2009 at 9%30 10.M. in Courtroom Number of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT J. Distribution: ,/Anthony T. McBeth, Esq., 407 North Front Street, First Floor, Harrisburg, PA 17101 ,R'anck A. Byler, 209 Moore Dale Road, Carlisle, PA 17013 11 7F "'TARY ?C 2099NOY 20 Ah 11: 0 b SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ~~d>~tr a( ;~itiriG~r~~~l~ ~__~. ~~ ~'1.Wi~i ~~~-'-~: `' :~. 5. Edward L Schorpp Solicitor The Word and Company, Inc. Case Number vs. Ranck A. Byler 2009-8058 SHERIFF'S RETURN OF SERVICE 11/23/2009 11:06 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2009 at 1106 hours, he served a true copy of the within Complaint in Equity, upon the within named defendant, to wit: Ranck A. Byler, by making known unto Jennifer Byler, wife of defendant at 209 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.84 November 25, 2009 SO ANSWE /~ R THOMAS KLINE, SHERIFF ~' D8 ty Sheriff id! Coun`:ySuitn 5.^e~r~':P i~eie~so`t. h~~;;.