Loading...
HomeMy WebLinkAbout10-0402. It 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. WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, Defendants N -t1 tT-1 ?7._ -TI f-11 - rr c - ? j . . N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2010 - L/c//a CIVIL TERM 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 '). o /#? flet a20y-7 IZL L'-? ?3?v 3yU FAFILEWlients\13187 Falling Spring Technologies\13187.12\13187.12.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. WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - yo- 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, WK Frame & Sons, Inc., is a Pennsylvania corporation and W. Kenneth Frame, Jr., d/b/a W.K. Frame & Sons, is an adult individual, both with an address of 1205 Pottstown Pike, Glenmoore, Chester County, Pennsylvania 19343. 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 Defendants for a total value of $8,038.70. 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. Defendants have breached an expressed or implied agreement, directly or through agents, to pay for the biofilter units provided to Defendants from Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $8,038.70, plus finance charges, interest at the rate of 1.5% per annum as of September 22, 2009, 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 contract between the Plaintiff and Defendants not be found to exist, Defendants have been unjustly enriched in the amount of $8,039.70. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $8,038.70, plus finance charges, interest at the rate of 1.5% per annum as of September 22, 2009, attorney's fees and costs. MARTSON LAW OFFICES By:/h.. Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: l /l/Qp?p Attorneys for Plaintiff EXHIBIT "A" Falling Spring Technologies, LLC P.O. Box 410 Newburg, PA 17240 (877) 4ECOFLO (717) 423-5749 fax BILL TO W.K. Frame and Sons Inc. 1205 Pottstown Pike Glenmoore, PA 19343 Invoice DATE INVOICE # 9/22/2009 2833 SHIP TO 65 Denton Drive Glenmoore, PA 19343 P.O. NUMBER TERMS REP SHIP VIA F.O.B. PROJECT Due upon delivery LM 9/24/2009 Delivered LM QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT I STB-650 ECOFLO Peat Based Biofilter with bottom 7,395.00 7,395,00T Shipping Shipping charges 400.00 400.00 Credit-NonTx Shipping credit - IF PAID UPON DELIVERY -200.00 -200.00 Sales Tax 6.00% 443.70 Discount of $600 plus sales tax (total $636) applicable if paid when unit delivered. Total $8,038.70 Any unpaid balance remaining after the term specified will be subject to a 1.5% per month 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 k wx?? D e Mowery, Member SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 'Ap 2010 FEB 19 Jody S Smith Chief Deputy Edward L Schorpp Solicitor Falling Spring Technologies, LLC vs. WK Frame & Sons, Inc. Case Number 2010-402 SHERIFF'S RETURN OF SERVICE 01/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: WK Frame & Sons, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Chester County, PA to serve the within Complaint and Notice according to law. 01/19/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: W. Kenneth Frame Jr. d/b/a W.K. Frame & Sons, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Chester County, PA to serve the within Complaint and Notice according to law. 02/02/2010 02:15 PM - Chester County Return: And now February 2, 2010 at 1415 hours I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: WK Frame & Sons, Inc. by making known unto Karen Ruiz, adult in charge at 1205 Pottstown Pike, Glenmoore, PA 19343 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/02/2010 02:15 PM - Chester County Return: And now February 2, 2010 at 1415 hours I, Carolyn B. Welsh, Sheriff of Chester County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: W. Kenneth Frame, Jr. d/b/a Frame & Sons by making known unto Karen Ruiz, adult in charge at 1205 Pottstown Pike, Glenmoore, PA 19343 it,, contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.44 SO ANSWERS, r February 12, 2010 ON R ANDERSON, SHERIFF ;r.) Cri.i^*y5uite: ?herfi. t?eleso!i. In;;. ?o / o - 9?o i53 - 5©C In The Court of Common Pleas of Cumberland County, Pennsylvania a,8 Falling Spring Technologies, LLC VS. WK Frame & Sons, Inc. and W. Kenneth Frame Jr. d/b/a W.K. Frame & Sons 1205 Pottstown Pike Glenmoore, PA 19343 Civil No. 2010-402 Now, January 19, 2010, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby depug$e tV Sheriff of Chester County to execute this Writ, this deputation being made at the request and risk of the Plainti* tv ? T r? r V Sheriff of Cumberland County, PA V, n .. -'C1 rn v Affidavit of Service Now,. 1 6 ,9., , 20/6 , at : i 6 ' o'clock 7FI-M, served the within upon ICJ r, t.,-F . Nt at by handing to__ //- A f--,A , J.c,*`t -I- a rCn?? ?a t V%4 copy of the original and made known to A, e,-,, the contents thereof. Sworn and subscribed before me this o9 ?" a of 20_U, COMMONWEALTH OF PENNSYLVANIA CL. I ^ So answers, Sheriff OT-1 County, PA COSTS SERVICE_ MILEAGE_ AFFIDAVIT NOTARY SEAL Elisa P. DiMattia - Notary Public West Chester Soro., Chester County MY COMMISSION EXPIRES DEC. 06, 2011 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. WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 402 CIVIL TERM TO: WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the / day of March, 2010, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $8,039.70, plus interest at 1.5% per annum as of September 22, 2009, attorney's fees and costs of suit as prayed for in the Complaint, for failure to file an Answer to Plaintiff s Complaint. Date: rS o ro onotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: WK Frame & Sons, Inc., and W. Kenneth Frame, Jr., d/b/a W.K. Frame & Sons 1205 Pottstown Pike GLenmoore, PA 19343 FAFILEWlients\13187 Falling Spring Technologies\13187.12\13187.12.pra.dj HEED ?E= 1 J Christopher E. Rice, Esquire 1 I.D. Number 90916 2010 M 15 Fi 12: I MARTSONDEARDORFF WILLIAMS OTTOGILROY& FALLER A MARTSONL WOFFCES Gl?hd° Ten East High Street 7' Carlisle, PA 17013 /?f •Od Pd ` 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, Defendants TO THE PROTHONOTARY: PF* a3 ? ?/s , IN THE COURT OF COMMON PLEAS OF '77atr-t wt.0_? CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 402 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $8,039.70, plus interest at 1.5% per annum as of September 22, 2009, 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 Defendants at the address indicated thereon, on February 26, 2010, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: '511s / v MARTSON LAW OFFICES By: C,?'? S • t<_ _ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F OLESTlients\13187 Falling Spring Technologies\13187.12\13187.12.10&ynotice 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. WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 402 CIVIL TERM IMPORTANT NOTICE TO: WK FRAME & SONS, INC., DATE OF NOTICE: February 26, 2010 and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS 1205 Pottstown Pike, Glenmoore, PA 19343 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 2-,,,G S - rL----- 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 TECHNOLOGIES, LLC, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 402 CIVIL TERM WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, Defendants 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 Defendants above named are not in the military service of the United States of America, that he has knowledge that the said Defendants' last known address is 1205 Pottstown Pike, Glenmoore, PA 19343. Sworn to and subscribed before me this day of March, 2010. 4t!' Public Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission E)ires Aug. 18, 2011 Member, Pennsylvania Assoel&Von of NoWdes 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: WK Frame & Sons, Inc., and W. Kenneth Frame, Jr., d/b/a W.K. Frame & Sons 1205 Pottstown Pike Glenmoore, PA 19343 MARTSON LAW OFFICES By: 7 " M. Price T 15n East High Street Carlisle, PA 17013 (717) 243-3341 Dated: j //S /094 10 F~.\FILES\Clients\13187 Falling Spring Technologies\13187.12\I3187.12.pra.dj r ~~ Christopher E. Rice, Esquire ~~ :; ~ ~ ~ , , , ~, LD. Number 90916 ~ ' MARTSON DEARDORFF WILLIAMS OTTO GIL,ROY & FALL~~ ~;;- _~ ~.~,+ ~, Q~ MARTSON LAW OFFICES Ten East High Street C~;a,~`, .. . , ,~_;;~,~~~ Carlisle, PA 17013 r°'~~`~~~~~~~>~i'~'J'~~'~;I,~ 1 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff v. WK FRAME & SONS, INC., and W. KENNETH FRAME, JR., d/b/a W.K. FRAME & SONS, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 402 CIVIL TERM PRAECIPE Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES Dated: 7/o2/~v Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 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: WK Frame & Sons, Inc., and W. Kenneth Frame, Jr., d/b/a W.K. Frame & Sons 1205 Pottstown Pike Glenmoore, PA 19343 MARTSON LAW OFFICES By. M .Price ~~~.../// Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 7 ~ /~~