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Home My WebLink About01-1385BYERLY INCORPORATED, Plaintiff VS. JOHN K. DENLINGER CO., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 200l CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPERS 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 BYERLY INCORPORATED, Plaintiff VS. JOHN K. DENLINGER CO., Defendant ) ) ) ) ) ) ) ) COMPLAINT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- /3,[5' CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, BYERLY INCORPORATED, by and through its attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, BYERLY INCORPORATED, (hereinafter referred to as "Byerly") is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 525 North 12th Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, JOHN K. DENL1NGER CO. (hereinafter referred to as "Denlinger"), is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 200 Witmer Road, Lancaster, Lancaster County, Pennsylvania. 3. Byerly provided Denlinger, at Denlinger's request and instruction, insurance policies, coverages and services. All of the insurance policies, coverages and services were provided in reliance upon a verbal contract between Byerly and Denlinger whereby Denlinger agreed to pay Byerly's reasonable costs and charges for the insurance polices, coverages and services provided by Byerly. 4. The mounts charged to Denlinger by Byerly for the insurance policies, coverages, and services rendered to Denlinger are the fair amounts for those policies, coverages and services, at the times such items were provided and were the amounts which Denlinger agreed to pay for such items. 5. Byerly has well and truly performed its obligation under the agreement between the parties in that it has provided the insurance policies, coverages and services as stated. 6. Denlinger has breached the agreement with Byerly as a result of its failure to pay Byerly for the insurance policies, coverages and services provided by Byefly to Denlinger pursuant to the oral agreement between the parties. 7. Byerly has provided Denlinger with regular invoicing for the costs of the insurance policies, coverages and services provided to Denlinger. Attached hereto and marked as Exhibit A is a true and correct copy of Byerly's statement of account showing the amounts invoiced to Denlinger and further indicating the outstanding amount currently owed. 8. Byerly has been damaged in the amount of $17,619.00, this being the amount of the costs of the insurance policies, coverages and services provided by Byerly to Denlinger and invoiced to Denlinger which have remained unpaid. 9. Denlinger has failed or refused to pay the outstanding sums due and owing of $17,619.00 despite repeated requests by Byerly for payment. WHEREFORE, Byerly demands judgment against Denlinger in the mount of $17,619.00, plus interest and costs of suit. Respectfully submitted, _ MICHAEL L. BANGS Attorney for Plaintiff ~ 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 3 VERIFICATION RICHARD C. ATKINSON, being duly sworn according to law, deposes and says that he is the Vice President of BYERLY INCORPORATED, a Pennsylvania corporation, the Plaintiff herein, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are tree and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. BYERLY INCORPORATED RICHARD C. ATKINSON, CIC Vice President 4 EXHIBIT A pBoYerly I~surance Agents Box 525, 525 N, 12th St. Lemoyne PA 17043 Phone: 717-761-4010 Fax: 717-761-4320 STATEMENT Richard C. Atklnson John K Denlinger Co 200 Wltmer Road Lancaster, PA 17602 25458 25501 25502 25503 25504 25526 25971 25972 25973 25974 26116 26116 26116 26513 26514 26515 26516 27005 27006 2700? 27008 27545 27546 2754? 27548 28041 28042 28043 28500 28501 28502 29055 29055 29055 29055 29473 29473 CPKG 04/25/00 CAUT 05/15/00 c~xc o5/15/oo cP~s 05/15100 awe 04124/00 cwc o5/15/oo CAUT 06/06/00 c~xc 06/06/00 cP~s o6/o5/00 c~c o6/06100 CWC 05/31/00 cwc 06/06/00 CWC 06/06/00 CAUT 0?/06/00 CEXC 07/06/00 CPKG 07/06/00 cwc 0?/05/00 CAOT 08/06/00 CEXC O8/06/O0 CPKG 08/06/00 cwc o8/o6/oo CAUT 09/06/00 CEXC 09, CPKG 09/0 CWC Of CAUT /00 /00 /00 CAOT 12/06/00 CEXC 12/06/00 CPKG 12/06/00 cue 12/o6/oo CAUT 01/06/01 CEXC 01/06/01 24.00 481.00 62.00 309.00 1761.00 639.00 481.00 62.00 309.00 639.00 78.00 37.00 37 48 00 676.00 ?,,481. oo 62.00 309.00 676.00 481.00 62.00 309.00 676.00 481.00 62.00 309.00 744.00 481.00 62.00 309.00 744.00 481.00 62.00 0.00 0.00 0.00 0.00 1391.00 0.00 0.00 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0o00 0,00 0,00 0,00 0,00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 STATEMENT OF ACCOUNT summary of itcms previously billed 24.00 481 00 62 00 309 O0 370 00 639 00 481 00 62 00 309 00 00 37,00 37.00 481.00 62. O0 309.00 676. O0 481. O0 62. O0 309. O0 676. O0 481. O0 62. O0 309.00 676. O0 481.00 62. O0 309.00 676. O0 481.00 62. O0 309.00 744 O0 481 O0 62 O0 309 O0 744 00 481 00 62 00 B~,erly'lnsurance Agents POBox 525, 525 N. 12th St. Lemoyna PA 17043 Phone: 717-761-4010 Fax: 717-761-4320 Richard C. Atkinson John K Denlinger Co 200 Wltmer Road Lancaster, PA 1.7602 ~v # ~01 Due'Dale' 29473 CPKG 01/06/01 29473 CWC 01/06/01 29946 CAUT 02/06/01 29946 CEXC 02/06/01 29946 CPKG 02/06/01 29946 CWC 02/06/01 30478 CAUT 03/06/01 30478 CEXC 03/06/01 30478 CPKG 03/06/01 30478 CWC 03/06/01 309.00 744.00 481.00 62,00 309.00 744.00 481.00 62.00 309.00 743.00 0.00 309.00 0.00 744.00 0 00 481.00 0 00 62.00 0 00 309.00 0 00 744.00 0 00 481.00 0 00 62.00 0.00 309,00 0.00 743.00 Total Balance Due: 17619.00 STATEMENT OF ACCOUNT summary of itcms prcviously billed ~' SHERIFF'S RETURN CASE NO: 2001-01385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJtND BYERLY INCORPORATED VS DENLINGER JOHN K CO - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , DENLINGER JOHN K CO but was unable to locate Him in his bailiwick. deputized the sheriff of LANCASTER County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, On April 5th 2001 attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 DEP. LANCASTER CO 33.95 .00 70.95 o /o5/ oo1 MICHAEL L. BANGS Sworn and subscribed to before me this j! ~- day of {~ ~2~! A.D. Prothonot a~y this office was in receipt of the Sheriff of Cumberland County SHI'-RIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN t PLAINTIFF/S/ Byerly Incorporated 3 DEFENDANT/S/ John K. Denlinger, Co. 50 NORTH DUKE STREET, P.O, BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 PLEASE TYPE DO NOT DETACH ANY COPIES. 2 COURT NUMBER 01-1385 Civil 4 TYPE OF WRIT OR COMPLAINT: ~otioe ~, -Complaint SERVE ~' 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO BE SERVED John K. Denlinger. Co. 6. ADDRESS (Street or RFp, A~partment No,, City, Boro, Twp, State and ZIP Code) ~ ~/~/~.> //..) /F~ 7 INDICATE UNUSUAL SERVICE: ~DEPUTIZE ~ OTHER Cumberland Now, q/l~/01 2C, I, __ , SHERIFF OF~ COUNt, PA., do ~e~eputize th~ of to law. This deputation being made at the request and risk of the plaintiff.~~ ~~. s.~.,~ or ~.~ 8. SPECIAL INSTRUCTION8 OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland CUMBERLAND CO NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching a,3y property under within writ may leave same without a watch man, in custody of whomever is found in possession, after notifying person of levy or attachment, witho ut liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. MICHAEL L BANGS ( 717 ) 730-7310 3/9/01 CUMBERLAND CO SHERIFF' S OFFICE SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS UNE 13ori acknowledgecomplaint asreCeiptindicated°l theabove,Writj. 3/16/0 1 4/16/0 1 ) NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 Expiration/Hearing date ANNETTE WALTON 717-295-3609 16 I hereby CERTIFY and RETURN thal:l [] have personally served, [] have legal evidence of service as shown in "Remarks", [] have execu ed as shown n "Remarks",thewritorcomplaintdes,cribed ontheindividual company corporation, etc. atthead(tressshownaboveo Chile ndividual, company, cor- potation, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 20 Address of where served (complete only if different than sh own above) (Street or RFD, Apartment NO., Cily, Boro, TWD. Stale and Zip Code) 23. ATTEMPTS Date Miles t. D te 24. Advance Cost, 2~-~ 30. REMARKS: 21 Date of Service/22 Time ~MM EST EDST Dap. Int. Date / Miles Dap. Int. / 28 Total Costs 29 COST D~JE OR .R~ID 31. AFFIRMED and subscribed to before me this MY COMMISSION EXPIRES 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriffs Office BYERLY INCORPORATED, Plaintiff VS. JOHN K. DENLINGER CO., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - ! ~ ~'5~ CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED 1N 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 Plaintiff, You may lose money or property or other rights important to you~ YOU SHOULD TAKE THIS PAPERS TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 TRUE (. PY FROM RECORD In Tes x y whereof. ! here unto set my and the seel of sm~ Coul't ~ ~, ~ BYERLY INCORPORATED, Plaintiff VS. JOHN K. DENLINGER CO., Defendant ) ) ) ) ) ) ) ) COMPLAINT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED AND NOW comes the Plaintiff, BYERLY INCORPORATED, by and through its attorney, Michael L. Bangs, Esquire, and in support thereof files the following Complaint: 1. Plaintiff, BYERLY INCORPORATED, (hereinafter referred to as "Byerly") is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 525 North 12th Street, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, JOHN K. DENLINGER CO. (hereinafter referred to as "Denlinger"), is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 200 Witmer Road, Lancaster, Lancaster County, Pennsylvania. 3. Byerly provided Denlinger, at Denlinger's request and instruction, insurance policies, coverages and services. All of the insurance policies, coverages and services were provided in reliance upon a verbal contract between Byerly and Denlinger whereby Denlinger agreed to pay Byerly's reasonable costs and charges for the insurance polices, coverages and services provided by Byerly. 4. The amounts charged to Denlinger by Byerly for the insurance policies, coverages, and services rendered to Denlinger are the fair mounts for those policies, coverages and services, at the times such items were provided and were the amounts which Denlinger agreed to pay for such items. 5. Byerly has well and truly performed its obligation under the agreement between the parties in that it has provided the insurance policies, coverages and services as stated. 6. Denlinger has breached the agreement with Byerly as a result of its failure to pay Byerly for the insurance policies, coverages and services provided by Byerly to Denlinger pursuant to the oral agreement between the parties. 7. Byerly has provided Denlinger with regular invoicing for the costs of the insurance policies, coverages and services provided to Denlinger. Attached hereto and marked as Exhibit A is a true and correct copy of Byerly's statement of account showing the amounts invoiced to Denlinger and further indicating the outstanding amount currently owed. 8. Byerly has been damaged in the amount of $17,619.00, this being the amount of the costs of the insurance policies, coverages and services provided by Byerly to Denlinger and invoiced to Denlinger which have remained unpaid. 9. Denlinger has failed or refused to pay the outstanding sums due and owing of $17,619.00 despite repeated requests by Byerly for payment. 2 WHEREFORE, Byerly demands judgment against Denlinger in the amoum of $17,619.00, plus interest and costs of suit. Respectfully submitted, Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION RICHARD C. ATKINSON, being duly sworn according to law, deposes and says that he is the Vice President of BYERLY INCORPORATED, a Pennsylvania corporation, the Plaintiff herein, and thru as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaim are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. BYERLY INCORPORATED 't~ R~CI:I-A~RD C. ATKINSON, CIC Vice President EXHIBIT A Byeriy 4nsurance Agents POBox 525, 525 N. 12th St. Lemoyne PA 17043 Phone '. 717-761-4010 Fax: 717-761-4320 STATEMENT Richard C. Atklnson $ 17619.00 [ John K Denlinger Co 200 WItmer Road Lancaster, PA 17602 25458 25501 25502 25503 25504 25526 25971 25972 25973 25974 26116 26116 26116 26513 26514 26515 26516 27005 27006 27007 27008 27545 27546 27547 27548 28041 28042 28043 280, 284 28500 28501 28502 29055 29055 29055 29055 29473 29473 c~e o4125/oo CXUT o5/15/oo cExc 05/15/00 CPKG 05/15/00 CWC 04/24/00 cwc 05/15/00 CXUT 06/06/00 CEXC 06/06/00 CPKG 06/06/00 CWC 06/06/00 CWO 05/31/00 CWC 06/06/00 CWC 06/06/00 CA~ 07/06/00 CEXC 07/06/00 CPKG 07/06/00 CWC 07/06/00 CAUT 08/06/00 CEXC 08/06/00 CPKG 08/06/00 cwo 08106/00 CAUT 09/06/00 CEXC CPKG 09/0 CWC 0 CAUT ~00 c~K~ 11/o6/oo cwO< 11/o6/oo CAUT 12/06/00 CEXC 12/06/00 CPKG 12/06 CWC 12/06/00 CAUT 01/06 CEXc 01/06/01 24.00 481.00 62.00 309.0¢ 1761.00 639. OI 481.0) 62.(0 309. 0 639.10 7830 3730 37~ 48: 676 00 48 ~ o o 6~. O0 3Of.00 67~ 481.00 62.00 3(9.00 6?6.00 481.00 62.00 309.00 ?44 O0 48~ O0 62 00 309 00 744 00 481 00 62 00 Pay/Credit Balance Due 0.00 24 00 0.00 481 00 0.00 62 00 0.00 309 00 1391.00 370 00 0.00 639 00 0.00 481.00 62.00 309.00 i39.00 !~i! 37,00 0.00 37.00 481.00 62.00 DO 309.00 0.00 676.0C 0.00 481.0{ 0,00 62.0( 0.00 309.0( 0.00 676.0~ 0.00 481,0 0,00 62.0 0.00 309.Q 0,00 676,( 0.00 481.( 0.00 62.1 0.00 309. 0.00 676. 0,00 481, 0.00 62, 0.00 309, 0.00 744 0.00 481 0.00 62 0.00 309 0.00 744 0.00 481 0.00 6~ STATEMENT OF ACCOUNT summary of items prcviously billed