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Home My WebLink About01-1480GARY L. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff ECO~EN, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEA~NSYLVANIA NO. 01- CIVIL TERM CIVIL ACTION - Law 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 PAPER TO A 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 GARY L. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff v. ECOGEN, INC., Defendant NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0Z-/V£O CIVIL TERM CIVIL ACTION - Law COMPLAINT comes the Plaintiff, Gary L. Benzon, t/d/b/a Benzon Research, following complaint: 1. The Plaintiff is Gary L. residing at 208 Burnt House Road, Pennsylvania. by his attorneys, Addams & Rundle, and makes the Benzon, an adult individual Carlisle, Cumberland County, 2. The Defendant is Ecogen, Inc., a corporation with its principal place of business at 200 Cabot Blvd., Langhorne, Bucks County, Pennsylvania. 3. The Plaintiff, who trades and does business under the name Benzon Research, is in the business of performing scientific research and analysis specializing in pest control products. 4. The Defendant is in the business of developing, producing and marketing specialty pest control products. 5. In July, 1999, the Plaintiff and Defendant entered into an agreement whereby the Plaintiff was to perform certain tests to determine the efficacy of certain products produced by the Defendant against mosquito larvae in outdoor breeding pools. 6. The Plaintiff agreed to perform said tests of Eight Thousand Four Hundred ($8,400.00) Dollars, the Defendant agreed to pay. for the price which price 7. The Plaintiff performed said tests in a good and workmanlike manner to the satisfaction of the Defendant. 8. The Plaintiff has requested payment from the Defendant for performing said tests, which payment has not been forthcoming from the Defendant. 9. In June, 2000, the Plaintiff and the Defendant entered into an agreement whereby the Defendant was to transfer certain insectary assets to the Plaintiff which the Plaintiff was to maintain, and upon which the Plaintiff was to conduct quality control and research bioassays. 10. The Plaintiff agreed to perform said services for the price of Three Thousand Three Hundred Seventy-five ($3,375.00) Dollars per month, which price the Defendant agreed to pay. 11. The Plaintiff preformed said services for the months of June, July and August, 2000. 12. The Plaintiff performed said services in a good and workmanlike manner to the satisfaction of the Defendant. 13. The Plaintiff has requested payment of the sum of Ten Thousand One Hundred Twenty-five ($10,125.00) Dollars from the Defendant for performing said services, which payment has not been forthcoming from the Defendant. Hundred Twenty-five of suit. 14. The total sum due and owing for services performed by the Plaintiff at the request of the Defendant is Eighteen Thousand Five Hundred Twenty-five ($18,525.00) Dollars. WHEREFORE, the Plaintiff demands judgment in his favor and against the Defendant for the sum of Eighteen Thousand Five ($18,525.00) Dollars, plus interest and costs ADDAMS & RUNDLE Michael R. Rundle Supreme Court I.D. No. 27768 28 South Pitt Street Carlisle, PA 17013 (717) 249-8300 Attorneys for Plaintiff VERIFICATION Gary L. Benzon hereby verifies that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-01480 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENZON GARY L ET AL VS ECOGEN INC R. Thomas Kline , duly sworn according to law, says, that he and inquiry for the within named DEPENDANT ECOGEN INC but was unable to locate Them deputized the sheriff of BUCKS Sheriff or Deputy Sheriff who being made a diligent search and , to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On April 3rd 2001 , attached return from BUCKS Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Bucks Co 48.00 .00 85.00 04/03/2001 ADDAMS & RUNDLE Sworn and subscribed to before me this //~__ day of e~ ~2~! A.D. Prothon6t~r~ this office was in receipt of the Sheriff of Cumberland County BUCKS COUNTY of I SHERIFF'S RETURN Bucks Case # O1 Special Instructions Action /~/¢ ,' Plaintiff (;a ~'y L vs Defe.da.t ECOGE~ 200 Cabot T ~-gborne~Pa 19047 Address Served if Different ~ ~<zP~' 4~/..~r~ c'-~ / ~'7~ d. Served under Pa.R,C.P. #402 (A) (i) Defendant personally served (A) (2) (i) Family Member (A) (21 (i) Adult in Charge of Residence ~A) ((2) (ii) Manager/Clerk at Defts. Lodging 2) (iii) Person in Charge of Business '- By Handing to /~- By Posting Not Served 30 Days Ran Out Defendant Moved Def. Unknown Checked Post Office Forwarding Address De~ndant Not Home Address Vacant Dep. NeedsBe~erAdd. No Forwarding ~y Deput~~ Witness -- At //~I' ~/.~ .o'clock ~;al~) on ~ 0__7 The above documen~.~was serv. v.v.v.v.v.v.v.v_~/r~e~,=eem~on the defendant as per information ,sted~bov~ in the County of Bucks, Co~lth of Pen~. ~wrence R. Michaels, Sheriff of Bucks County Affirmed and subscribed before me on this day r~ ~irm~d and sub*cri~od boforo mo on thi~ Notary Public My Com. Exp. Bucks County Case # -- Invoice to be mailed to Attn. of - _ County Sheriff's Office or In T~ Court of Common Pleas of Cumberland County, Pennsylvania Gary L. ~enzon, tld/b/a Benzon Research Ecogen, Inc. No, 01-1480 civil Now, 3 / 14 / o I ,20 O ~, l, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Bucks Cotmty to execute this Writ, dais deputation being made at the request and risk of the Plaintiff. Sheriff of'Cumberland County, PA Affidavit of Service NOW, within upon ]yy handing to and made lmown to ,20 , at o'clock __ 5/1[. served the copy of the or/~nal the contents rlaereof. ~0 flllss,vers ~ Sworn and s~£r2scribed before me th/s __ day of ,2O Sheriff of C, oun~, PA COSTS SERVICE MILEAGE ~a2VFIDAVIT DATE: BUCKS MISC DOCKET OFFICE - LaWPENCE R. ~IC'Ha~LS, SHE~ZF~ ADMINiST PATION BUIL Di ;~G DOYLESTD~N~ PA 1~g01 2001 3D7~,7 LOCATION: OUT OF COUNTY CLASS: A SSUMPS IT ~e,c~ SHERIFF'S ~ETURt~ nF SERVICE SHERIFF'S OFFICE CUMBERLAND COUNTY I COURTHOUSE SQUARE CARLISLE PA ATTN:MICHAEL RUNDEL~ES~ 17013 PLAINTIFF BEN ION GARY L /~ DEFENDANT VS. ECDGEN INC 200 COOT BLVD / LANGHORNE~PA 19041' / 03142001 COMPLAINT - CIVIL AC~ON RECEIVED FROM CUMBERLAND COLI~TY 03Z02001 R~CEIVEO IN SHERIFFe~ OFFICE FOR sERVICE. TRANSACTION # OII 03731 A/MOUNT PAID $ ~8.00 . ~3282001 ~HERIFF'S RETURN~ U~ER OATH~ FILED. DEPUTY SPICER AT 10.15 AM /SERVED DEFENDANT(S) PURSUANT TO PA.R.C.P. ~40ZCA)(Z)(I~I). SERVEO ECOGEN INC BY HANDING TO DALE FLU[R[~ PERSON IN CHARGE AT C~RRECT AgO: ZOO5 WEST CABOT 8LVO* 13292001 INVOICE MAILED TO CUMBERLAND COUNTY TRANS~ 01 ~ 03731 O OF CASE JXT JXT JXT JXT JX T GARY L. BENZON, t/d/b/a BENZON RESEARCH, Plaintiff ECOGEN, 1NC., Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1480 CWIL TERM PRAECIPE Sir: Please withdraw the appearance of Addams & Rundle and enter the appearance of Law Office of Michael J. Hanft for the Plaintiff. LAW OFFICE OF MICHAEL J. HANFT By: Michael R. Rundle Attorney I.D. No. 27768 19 Brookwood Avenue, Suite Carlisle, PA 17013 (717) 249-5373 106 TO: Curtis R. Long, Prothonotary DATE: April 25, 2001 GARY L. BENZON, : t/d/b/a BENZON RESEARCH, : Plaintiff : ECOGEN, INC., : Defendant : Sir: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVARIA NO. 01-1480 CIVIL TERM PRAECIPE Please enter a default judgment in the amount of $18,525.00 Defendant on the date occurred and at lease Praecipe. in favor of the Plaintiff and against the Defendant for failure to enter an appearance or file an answer to the complaint endorsed with a notice to defend. The undersigned hereby certifies that the attached written notice of intention to file this Praecipe was mailed to the shown thereon, which was after the default ten (10) days prior to the filing of this LAW OFFICE OF MICHAEL J. HANFT By: Michael R. Rundle Attorney I.D. NO. 27768 19 Brookwood Avenue, Suite Carlisle, PA 17013 (717) 249-5373 Attorneys for Plaintiff 106 TO: Curtis R. Long, Prothonotary DATE: May 23, 2001