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HomeMy WebLinkAbout09-8653Christopher 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 : IN THE COURT OF COMMON YLhAN Ur TECHNOLOGIES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009 - ?lG ?3 CIVIL TERM SMITH HEATING & PLUMBING, INC., 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 FAFILES\Clients\13187 Falling Spring Technologies\13187.10\13187.10.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 : IN THE COURT OF COMMON PLEAS UP TECHNOLOGIES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : V. : NO. 2009 - CIVIL TERM SMITH HEATING & PLUMBING, INC., Defendant 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, Smith Heating & Plumbing, Inc., is a Pennsylvania corporation with an address of 176 Sherman Street, Rockwood, Somerset County, Pennsylvania 15557. 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. Plaintiff has provided biofilter units to Defendant for a total value of $7,814.70. A true and correct copy of Plaintiff's invoice is attached hereto as Exhibit "A. COUNT I - BREACH OF CONTRACT 6. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 5 as if fully set forth. 7. 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 $7,814.70, plus interest at the rate of 1.5% per annum, attorney's fees and costs. COUNT II - QUANTUM MERUIT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. 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 $7,814.70. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $7,814.70, plus interest at 1.5% per annum, attorney's fees and costs. MARTSON LAW OFFICES By: Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: A' ?? ? 9 Attorneys for Plaintiff EXHIBIT "A" Falling Spring Technologies, LLC P.O. Box 410 Newburg, PA 17240 (877) 4ECOFLO (717) 423-5749 fax BILL TO Smith Heating and Plumbing 176 Sherman St. Rockwood, PA 15557 Invoice DATE INVOICE # 12/2/2008 2651 SHIP TO Rockwood, PA P.O. NUMBER TERMS REP SHIP VIA F.O.B. PROJECT Due upon delivery DJ 12/10/2008 Delivered RB QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 1 STB-650 E.COFLO Peat Based Biofilter with bottom 6,995.00 6,995.OOT Shipping Shipping charges 400.00 400.00 Sales Tax 6.00% 419.70 A discount of $212 ($200 plus sales tax) is applicable if paid upon receipt of unit. Total 4 70 $7,81 . Any unpaid balance remaining after the term specified will be subject to a 1.5% per monm 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. Duane Mowery, Member 49) Lu ,, c" RLE,! y?OTARY Z"Ca DEC 16 Pil 12: 2U s g?.&v pd 047 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY EKED-iO CE 0' THEE PP0T1'0%1'0TARY 2060 JAN -8 AM 9: 04 CUMK Nu-?\M1'721 i?;?f AyUNTY Falling Spring Technologies, LLC vs. Smith Heating & Plumbing, Inc. Case Number 2009-8653 SHERIFF'S RETURN OF SERVICE 12/17/2009 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: Smith Heating & Plumbing, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Somerset County, PA to serve the within Complaint and Notice according to law. 12/22/2009 10:15 AM - Somerset County Return: And now December 22, 2009 at 1015 hours I, John A. Mankey, Sheriff of Somerset County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Smith Heating & Plumbing Inc. by making known unto Brian Smith, Owner at 176 Sherman Street, Rockwood, PA 15557 its contents and at the same time handing to him personally the said true and correct copy of the same. i SHERIFF COST: $37.44 January 07, 2010 SO ANS. r RONN44ANDERSON, SHERIFF SHERIFF'S RETURN - REGULAR CASE NO: 2009-08653 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SOMERSET FALLING SPRING TECHNOLOGIES VS SMITH HEATING & PLUMBING INC John LOIODICI Deputy Sheriff of Somerset Count Pennsylvania, who being duly sworn according to law, says the within COMPLAINT SMITH HEATING & PLUMBING INC DEFENDANT was served upon the at 0010:15 Hour, on the 22nd day of December 2009 at 176 SHERMAN ST ROCKWOOD, PA 15557 BRIAN SMITH-OWNER by handing to a true and attested copy of COMPLAINT Somerset County Sheriff Costs.... 35.90 So Ans rs: n? J Sankey, Sheriff B Deputy Sheriff Attorney: MARTSON LAW OFFICES Who hereby verifies that the facts set forth above are true and correct, and who acknowledges that this verification is subject to the Pennsylvania Crimes Code relating to unsworn falsification. ATTEMPTS: 12-22-09 AM In The Court of Common Pleas of Cumberland County, Pennsylvania Falling Spring Technologies, LLC vs. Smith Heating & Plumbing, Inc. 176 Sherman Street Rockwood, PA 15557 Civil No. 2009-8653 Now, December 17, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Somerset County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a and made known to So answers, Sworn and subscribed before me this day of 120 Sheriff of COSTS SERVICE $ MILEAGE_ AFFIDAVIT the contents thereof. County, PA 20 , at o'clock M, served the copy of the original F:\FILES\Clients\13187 Falling Spring Technologies\ 13187. 1 0\ 13187.10.pra.default Christopher E. Rice, Esquire I.D. Number 90916 c a MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES = -, G.r _ Ten East High Street r Carlisle, PA 17013 717-243-3341 -' Attorneys for Plaintiffs FALLING SPRING : IN THE COURT OF COMMON PLEAS OF TECHNOLOGIES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009 - 8653 CIVIL TERM SMITH HEATING & PLUMBING, INC., Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $7,814.70, plus interest at 1.5% per annum, attorney's fees and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiff's Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on January 13, 2010, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By: <?- Christopher E. Rice, Esquire I.D. Number 90916 Jacob M. Theis, Esquire I. D. Number 208631 Ten East High Street C arlisle, PA 17013 1 / (717) 243-3341?tl x37435" Dated: Attorneys for Plaintiff Alkk? • FAFILESTlients\13187 Falling Spring Technologie3\13187.10\13187.10.10daynotice 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 : IN THE COURT OF COMMON PLEAS OF TECHNOLOGIES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009 - 8653 CIVIL TERM SMITH HEATING & PLUMBING, INC., Defendant IMPORTANT NOTICE TO: SMITH HEATING & PLUMBING, INC. DATE OF NOTICE: January 13, 2010 176 Sherman Street, Rockwood, PA 15557 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 (10) 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By ?f? s . a-- Christopher E. Rice, Esquire 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 : IN THE COURT OF COMMON PLEAS OF TECHNOLOGIES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009 - 8653 CIVIL TERM SMITH HEATING & PLUMBING, INC., Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendant's address is 176 Sherman Street, Rockwood, PA 15557. Christopher E. Rice, Esquire Swo t and subs ribed before me this", day of 2010. /St f No ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlissle Boro, Cumberland County My Commission E.Vires Aug. 18, 2011 Member, Pennsylvania Association of Notaries 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. SMITH HEATING & PLUMBING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009 - 8653 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND 1 Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given by mail on January 13, 2010. -20&- /?-- Christopher E. Rice, Esquire Sworn to and subs ribed before me this day of , 2010. No y ublic COMMONW inr,L i }y U PENNSYLVANIA r E,Xp.:iai Seal Ma;y M Pnx:. Notary Public VIII Carlisle 8(,,yr 'um.Wand County y Crxrt iss Expires AW-18, 2011 M L-- . Member, Penr7sy!.fart,a Asfociatio --of Notaries 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 Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Smith Heating & Plumbing, Inc. 176 Sherman Street Rockwood, PA 15557 MARTSON LAW OFFICES By: M. Price East t14 Street Carlisle, PA 17013 (717) 243-3341 Dated: al `Q Christopher E. Rice, Esquire T.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 : IN THE COURT OF COMMON PLEAS OF TECHNOLOGIES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2009 - 8653 CIVIL TERM SMITH HEATING & PLUMBING, INC., Defendant TO: SMITH HEATING & PLUMBING, INC., DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of , 2010, the following Judgment was entered against you in the above-captioned action: ju ment in the amount of $7,814.70, plus interest at 1.5% per annum, attorney's fees and costs as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: /1/U I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Smith Heating & Plumbing, Inc. 176 Sherman Street Rockwood, PA 15557 HE 10'R C 14 C1 t; F.\FILES\Clients\13187 Falling Spring Technologies\13187.10\13187.10.pra.sat2,wpd Christopher E. Rice, Esquire ?Oil AUG 16 AM !0' 03 I.D. Number 90916 1."U 1BERLAND G"'Ub R. Christopher V anLandingham, Esquire P F N N S Y 1,WA H ? I.D. Number 307424 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. SMITH HEATING & PLUMBING, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009 - 8653 PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CIVIL TERM Please mark the judgment in the above-captioned matter satisfied and the action discontinued. Date: Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. Number 307424 Ten East High Street Carlisle, PA 17013 _ (717) 243-3341 Attorneys for Plaintiff MARTSON LAW OFFICES '?' S By: 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 Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Smith Heating & Plumbing, Inc. 176 Sherman Street Rockwood, PA 15557 MARTSON LAW OFFICES By: / '.a ) V?' a- ?44 M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ,31-5?I THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR FALLING SPRINGS TECHNOLOGIES, LLC. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.