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Home My WebLink About10-5511Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. GARTNER MANAGEMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - ss? CI?IL TERM NOTICE You have been sued in court. If you wish to defend against the cl ims set forth in the following pages, you must take action within twenty (20) days after this Com Taint and Notice are served, by entering a written appearance personally or by attorney and filing in Ting 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 agai st 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 i portant 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 LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE AY 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 C 00 1 d- "#7 /??'` 4 7 19.3 F:\FILES\Clicn[s\13187 Falling Spring Technologies\13187.13\13187.13.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. GARTNER MANAGEMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - S? 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, Gartner Management, LLC, is a Pennsylvania limited liability corporation with an address of 281 Tabor Road, Ottsville, Bucks County, Pennsylvania 1$942. 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 $8,742.50. 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 cont4ed 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 $8,742.50, plus interest at the rate of 1.5% per annum as of May 10, 2010, atto?ney's fees and costs. COUNT II - QUANTUM MERUIT 8. Plaintiff hereby incorporates by reference the averments cont?ined in paragraphs 1 through 7 as if fully set forth. 9. In the alternative, should a contract between the Plaintiff and D4endants not be found to exist, Defendants have been unjustly enriched in the amount of $8,742.50.I', WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $8,742.50, plus interest at the rate of 1.5% per annum as of May 10, 2010, attorney's fees and costs. MARTSON LAW OFFICES ? BY: C??R Christopher E. Rice, Esquir ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 J0 Date: g/ ?3? Attorneys for Plaintiff EXHIBIT "A" Falling Spring Technologies, LLC P.O. Box 410 Newburg, PA 17240 TO: Gartner Management 281 Tabor Road Ottsville, PA 18942 Statement DATE 71 8/9/2010 AMOUNT DU E AMOUNT ENC. $8,742.50 INVOICE DATE TRANSACTION AMOUNT I BALANCE 12/31/2009 01/06/2010 05/10/2010 Balance forward INV #2973. Due 01/06/2010. INV #FC 218. Due 05/10/2010. Finance Charge 8,2 8.70 5 3.80 0.00 8,238.70 8,742.50 CURRENT 1-30 DAYS PAST DUE 31-60 DAYS PAST DUE 61-90 DAYS PAST DUE OVER 90 PAST AYS E AMOUNT DUE 0.00 0.00 0.00 0.00 8,742. 0 $8,742.50 Any balance not paid w ithin 30 days of the INVOICE date will be subject to a 1.5% per month service charge. T here will be a $25 charge for returned checks. Should a collection action be required, you will be responsible for all attorney fees and costs of nit incurred. VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, anbelief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 ? a. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I mjake knowingly false averments, I may be subject to criminal penalties. Falling Spring Technologies, 'Ak" FARLES\Clients\13187 Falling Spring TecMabgies\13187.13\13187.13.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson l? Sheriff ()F THE'' " -"-N1")TARY ?$tirtttr pt ?ualt?t,r?r??? Jody S Smith Chief Deputy 10 SEP -9 AM 8' 43 Richard W Stewart Solicitor CUM WUN Y 0544SYLVAMIA Falling Spring Technologies, LLC vs. Gartner Management, LLC Case Number 2010-5511 SHERIFF'S RETURN OF SERVICE 08/25/2010 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: Gartner Management, LLC, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Bucks County, PA to serve the within Complaint and Notice according to law. 08/31/2010 01:21 AM - Bucks County Return: And now August 31, 2010 at 1321 hours I, Edward J. Donnelly, Sheriff of Bucks 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: Gartner Management, LLC by making known unto Joseph Gartner, adult in charge at 281 Tabor Road, Ottsville, PA 18942 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 September 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ci Calmysuite Sheafi. ie'ecs,;rt. Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Richard W Stewart Chief Deputy OrriC -? r Solicitor r Falling Spring Technologies, LLC Case Number vs. Gartner Management, LLC 2010-5511 SERVICE COVER SHEET Category: Civil Action - Complaint & Notice Zone: i Manner: Deputize Expires: 09/21/2010 Warrant: Notes: Name: -Gartner Management, LLC Primary X281 Tabor Road Address: Ottsville, PA 18942 Phone: Alternate Address: Phone: s Attorney,? Orf<"w Name: Christopher E Rice Served: Personally • Adult In Charge • Posted - Other Deputy: Mileage: Phone: 717-243-3341 Service Aftempls: ` , ?}s Date: Time: Mileage: Deputy. Not+as'????'????"?: . . i ?,??, i+tw'i?! y5:u',R n ??,,,a a ? d?, 4?*???`??++?=, Now, August 25, 2010 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Bucks County to execute service of the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office q=' One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff /i BUCKS COUNTY OC SHERIFF'S, RETURN 1 of 1 Bucks County Case # 201032067 Invoice to be mailed to County Sheriffs Office Filed 8 /23/2010 in CUMBERLAND COUNTY Bucks Case # 201032067 Recd 8/31/2010 Special Instructions Aim CHRISTOPHER E RICE, ESQ Special Instructions Notes Action Civil Action COMPLAINT Plaintiff FALLING SPRING TECHOLOGIES LLC -VS- Defendant GARTNER MANAGEMENT LLC 281 TABOR RD OTTSVILLE, PA 18942 Address Served if Different Se er Pa, R.C.P. #402 (A) (i) Defendant personally served (A) (2) (i) Family Member (A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Deft's Lodging ?(A) (2) (iii) Pere Charge o?usiness, By Handling to J (J G,/q /I- rx)e e By Posting Not Served 30 Days Ran Out Defendant Not Home Defendant Moved Address Vacant Defendant Unknown Deputy needs better address Checked Post Office No Forwarding Forwarding Address V Boo eputy Y Witness At clock (AM / ) on The above documen as served t-e e?on the defendant as per information listed abor?IT>'fhe County of Bucks, Commonwealth of Pennsylvania. So answers: Sheriff of Bucks County Affi and Subscribed before me on this day 9/?/-?=- Prothontary Affirmed and subscribed before me on this day __! ! Notary Public My Com. Exp. foe 08/31/2010 1146 ?9 f c 1001 r. 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. GARTNER MANAGEMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO.2010 - 5511 CIVIL TERM TO: GARTNER MANAGEMENT, LLC, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the ~l/f day of November, 2010, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $8,742.50, plus interest at the rate of 1.5% per annum as of May 10, 2010, attorney's fees and costs. Date: /~~3//(/ Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Gartner Management, LLC 281 Tabor Road Ottsville, PA 18942 F~.\FILES\Clien2s\13187 Falling Spring Technologies\13187.13113187.13.pradj Christopher E. Rice, Esquire l ~ ?~. j --=- 'Y'~i w--~ Number 90916 D I ~~~ if~-`` . . MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER =~ ~ •-°- ..~: n ` MARTSON LAW OFFICES ~ ~ w ~ .. , r-, Ten East High Street ' - Carlisle, PA 17013 ,~ ~' ~ " '~ - 717-243-3341 ~"~` ~ ' ~a ~'~ ~' Attorneys for Plaintiffs ~,.` ~ ~~~' FALLING SPRING : IN THE COURT OF COMMON PLEAS OF TECHNOLOGIES, LLC, :CUMBERLAND COUNTY, PENNSYLV ANIA. Plaintiff v. : NO.2010 - 5511 CIVIL TERM GARTNER MANAGEMENT, LLC, Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Gartner Management, LLC, in the amount of $8,742.50, plus interest at the rate of 1.5% per annum as of May 10, 2010, attorney's fees and costs. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on October 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 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: ~~' 3 - ~~ ~d~ j,~ ~y ~fu ,~('tf ~s~ila~cr F:\FILES\Clients\t3I87 Falling Spring Technologies\13187.13\13187.13.lOdaynotice 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. GARTNER MANAGEMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010 - 5511 CIVIL TERM IMPORTANT NOTICE TO: GARTNER MANAGEMENT, LLC DATE OF NOTICE: October 13, 2010 281 Tabor Road, Ottsville, PA 18942 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 5ET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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:(71?) 249-3166 MARTSON LAW OFFICES By C~~ ~- /~ 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 ] 7013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff v. GARTNER MANAGEMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 5511 CIVIL TERM 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 a business and not in the military service of the United States of America, that he has knowledge that the said Defendant's address is 281 Tabor Road, Ottsville, PA 18942. Christopher E. Rice, Esquire Sworn to and subscri ed before me this] ~ day of ~/ ~.l ~/ / ~ ~ .u,ceJ 2010. COMMONWEAL'i H OF PENNSYLVANIA NotatiaC Seal Mary M. Price, Notary Public Carlisle BorU. Cumberland County My Commission Expires Aug. 18, 2011 Member, Pennsylvaris .Association of Notaries Christopher E. Rice, Esquire I.D. Number 90916 MART50N 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. GARTNER MANAGEMENT, LLC, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010 - 5511 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIA.MS 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 to it by mail on October 13, 2010. ~,~,~,,(, S~ . ~-- Christopher E. Rice, Esquire Sworn to and subscribed before me this~,r,~ day of „~,/ , 2010. ~ - N t Public COMMONWEALTH OF PENNSYLVANIA IVoCarial Seal Mary Ni. Prue, Notary Public Carlisle eoro. t;umberlarxl County My Commissian t moires Aug. 18, 2011 Member, Pennsylvania ~esaclat~on of NOtaYlar 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: Gartner Management, LLC 281 Tabor Road Ottsville, PA 18942 MARTSON LAW OFFICES By: ~~ O . Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: /~ 3~~0