Loading...
HomeMy WebLinkAbout10-6238 ~ ~ ~ ~t i ~ ~ ~ ~ • ~~~ ~ • • .. .,. ,~ _=-_ ~- c. ~ r`- Postage $ i ~ 0; ; ~ ~ CeNfied Fee ~ ostmadrFG~ rn p Retum Receipt Fee f i~a G~, p (Endorsement Re4u~red) 6 d p Restricted Delivery Fee Endorsement Required) 1~11`(J 5,~. p ( ~ - ^--- ~ COMMON TH OF PENNSYLVAN COUNTY OVFE~~~ ; ss AFFIDAVIT: I hereby (swear) {affirm) that I served 1 iL~~-(3FFIG~ OF This ROTi-~Oi~OTAR,~ ~~~~ fl~j "fit ~ 2~ ~ ~ ~Ui'~E~ir}~i~dD COUi~T~' i;~i~~~Y~~'~ti~, a copy of the Notice of Appeal, Common Pleas __-C, upon the District Justice designated therein on (date Of service) , ~, 20~_, ~by personal service ^ by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ~~_(~ , 20~_ ^ by personal service y (certified) (re 'ter ail, sender's receipt attached hereto. ~s~ (SWORN FIRMED) AND U IBED BEFORE ME T S DAY OF , 20~~. e of official otp all5da made ,~ TMe of ra My commiss xpires on , 20~. Signature ofaffiant ~~YtY ~NR ~~mbMlQpu~ ~ IMI~E~tN~s 8~ptt s~, 911 MM1Nr, A1~eoNMo~ godwb~ PROOF OF SERVICE OF NOT/CE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE Ff1:ED WITHIN TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. lp- (na38 ~IVrI ?~et'wa NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. ADDRESS OF APPELLANT CCfY STATE ZIP CODE DATE OF DGMEN IN THE CASE OF (Pleint~ (per~~• ~ d9 v A~~-~h~a Sffl~t- Goa~~~' ,~ ,t~ ~G ~'3 DOCK No. SIGNATURE OF ATT Y OR AGENT V This block will be signed ONLY when this notation is required under Pa. If appall R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a before a SUPERSEDERS to the judgment for possession in this case. Signature or Phothonobry or DspAy No. 1001(6) in Justice, A COMPLAJNT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appea! to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon /'~`L ~~/~ ,~ {~~~ ~"~ ~ p~r/~~(,/~F appellee(s), to file a complaint in this appeal Name of appease(s) (Common Pleas No. ~(~ ~ f1~a~ r~ ~~~ ~ Terltr )within twenty (20) days after serv' le or suffer ant of figment of non pros. orappellanroratAomeyaagetu RULE: To ~- J~/~~ , ;S~}~,,~.~- ~~ ~,~jV~appellee(s) Name of appease(s) ~" (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rote upp~!you by, personal service or by certified or registered mail. (2) ityyout~dnot'1i~.$ complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. (~~`~ Th$ date o'f Di;this rule if service was by mail is the date of the mailing. ,~ Date., ~' h Y. ,`+ , . ~ " 2U ~Q ~,~ f, ~ ~ . r '~ YOU~MU'Li 'ODE A~GOPY OF THE NOTICE OFJUDGMENT/TRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. e S t 4 ° ~:'.' AOPC 312-02 WHITE - COURT FFLE TO BE FILED WRH PROTHONOTARY GREEN -COURT FILE YELLOW -APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE MILLER, QUIGG, BRETT & AHERN, P.C. ATTORNEY BY: CHRISTOPHER M. BRETT, ESQUIRE INDENTIFICATION NO. 209790 601 STONES CROSSING EASTON, PENNSYLVANIA 19045 TELEPHONE: 610-438-8755 FACSIMILE: 610-438-8756 IN THE COURT OF COMMON PLEAS, CUMBERLAND CIVIL DIVISION ALPHA SHIRT COMPANY Plaintiff TERM, 2010 DOCKET NO. V. DUFF AL BAG Defendant PLAINTIFF 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 an attorney and fining in writing with the court your defenses or objections to the claims set forth again you. You are warned that if you fail to do so the case may proceed without you and a judgment in y be entered against you by the court without further notice for any money claimed in the complaint of 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 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 THIS OFFICE CAN PROVIDE YOU WITH INFO]EZMATION ABOUT HIRING A LAWYER. HIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR O FEE. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 MILLER, QUIGG, BRETT & AHERN BY: CHRISTOPHER M. BRETT, ESQUIRE INDENTIFICATION NO.: 209790 601 STONES CROSSING EASTON, PENNSYLVANIA 18045 TELEPHONE: 610-438-8755 FACSIMILE: 610-438-8756 ATTORNEY !FOR PLAINTIFF IN THE COURT OF COMMON PLEAS, CUMBERLAND CIVIL DIVISION ALPHA SHIRT COMPANY Plaintiff V. DUFF AL BAG Defendant DOCKET NO. ,PENNSYLVANIA CIVIL ACTION- LAW COMPLAINT The Plaintiff, Alpha Shirt Company is a business operating under the laws of the Commonwealth of Pennsylvania by way of Complaint against the above-named Defendants says: 1. Plaintiff, Alpha Shirt Company (hereinafter "Plaintiff'), is 4 Pennsylvania corporation duly incorporated under the laws of the Commonwealth of located at 6th Floor, 6 Neshaminy Interplex, Trevose, PA 19053. 2. Defendant, Duff .Al Bag (hereinafter "Defendant"), is a incorporated under the laws of the Commonwealth of Pennsylvania 1000 Newville Road, Carlisle, PA 17013. 3. Defendant has availed itself under the laws of the with its headquarters is Corporation duly with an address of th of Pennsylvania by way of their business address. VENUE 4. Venue is proper in Cumberland County pursuant to Pa.R.C.P. 1006(1)(a). FACTS 5. Plaintiff's business provides qualifying businesses with lines of credit for use in purchasing tee shirts and outerwear. 6. Defendant applied. and received credit from Plaintiff to fund its business ventures. A true and accurate depiction of the credit application is attached as Exhibit "A". 7. Defendant has failed to make payments to Plaintiff for the said credit. A true and accurate depiction of the account statement and money owed is provided as Exhibit `B 8. Although repeatedly requested to do so by Plaintiff and Plaintiff s counsel, Defendant has willfully failed and /or refused to pay the balance or any part there f to Plaintiff resulting in a $4,740.35 deficiency to the Plaintiff. 9. The Plaintiff obtained a judgment on September 9, 2010 from Magisterial District Justice Paula Corneal against the Defendant in the amount of $4,740.35, $166.00 in judgment costs, and $500.00 in attorney fees for a total of $5,406.35. 10. The Defendant appealed the decision, mailing a certified c py of the appeal directly to the plaintiff and not plaintiff's attorney. 11. Plaintiff's attorney received notice of the appeal on November 1, 2010 through its own accord. 12. Plaintiff avers that the Defendant's appeal is without merit and seeks a readjustment upward of the attorney fee awarded by the Magistrate. 13. Plaintiff files this complaint as an answer to Defendant's appeal. COUNTI FAILURE TO PAY 14. Plaintiff incorporates paragraphs one (1) through thirteen though set forth in full. 13) herein by reference as 15. Although demand has been made, Defendant has failed to ay all of any part of the sun of Five Thousand, Four hundred and Six dollars and Thirty-five c nts ($5,406.35). WHEREFORE, Plaintiff demands judgment against the (A) the principal due and owing by Defendant in the hundred and Six dollars and Thirty-five cents ($5,406.35); (B) Plaintiff's continuing interest on all of Defendant's amount of 1 '/2% per month or 18% annum from date of invoicing; (C) Plaintiff's continuing costs and attorney fees; for: of Five Thousand, Four ina balance in the (D) such further relief as the Court may deem equitable and just. COUNT II BREACH OF CONTRACT 16. Plaintiff incorporates by reference each and every of the (1) through fifteen (15) as if the same were more fully set forth at 17. The acts and omissions of the Defendant constitute a for which the Plaintiff is entitled a remedy. 18. Plaintiff has suffered damages as more fully described paragraphs one herein. of contract with Plaintiff in the amount of Five Thousand, Four hundred and Six dollars and Thirty-five cents ($5,400.35), plus interest, as a direct and proximate result of Defendant's material breach of s) through their acts and/or omissions. WHEREFORE, Plaintiff demands judgment against the (A) the principal due and owing by Defendant in the hundred and Six dollars and Thirty-five cents ($5,406.35); (B) Plaintiff's continuing interest on all of Defendant's amount of 1 1/2% per month or 18% annum from date of invoicing; (C) Plaintiff's continuing costs and attorney fees; for: of Five Thousand, Four Zdin2 balance in the (D) such further relief as the Court may deem equitable and just. COUNT III UNJUST ENRICHMENT 19. Plaintiff incorporates by reference each and every of the (1) through eighteen (18) as if the same were more fully set forth at l 20. Defendant has been unjustly enriched by virtue of having goods and services provided by Plaintiff in the amount of Five dollars and Thirty-five cents ($5,406.35) and having failed to < and services. 21. Plaintiff has suffered damages as more fully described ling paragraphs one herein. the benefit of certain Four hundred and Six Plaintiff for said goods in the amount of Five Thousand, Four hundred and Six dollars and Thirty-five cents ($5,406L35), plus interest, as a direct and proximate result of Defendant's refusal of payment. WHEREFORE, Plaintiff demands judgment against the (A) the principal due and owing by Defendant in the hundred and Six dollars and Thirty-five cents ($5,406.35); (B) Plaintiff's continuing interest on all of Defendant's amount of 1 1/2% per month or 18% annum from date of invoicing; for: of Five Thousand, Four ina balance in the (C) Plaintiff's continuing costs and attorney fees; (D) such further relief as the Court may deem equitable and just. COUNT IV DETRIMENTAL RELIANCE 22. Plaintiff incorporates by reference each and every of the through twenty-one (21) as if the same were more fully set forth at ing paragraphs one (1) herein. 23. Plaintiff reasonably and justifiably relied to its detriment On Defendant's agreement and responsibility to honor their financial obligation to Plaintiff through product received by Defendants. 24. Plaintiff has suffered damages as more fully described above in the amount of Five Thousand, Four hundred and Six dollars and Thirty-five cents ($5,40635), plus interest, as a direct and proximate result of its reasonable, justified and detrimental relian?e on the obligations and representation of the Defendants. WHEREFORE, Plaintiff demands judgment against the Defe dant for: (A) the principal due and owing by Defendant in the amour t of Five Thousand, Four hundred and Six dollars and Thirty-five cents ($5,406.35); (B) Plaintiff's continuing interest on all of Defendant's out tanding balance in the amount of 1 1/2% per month or 18% annum from date of invoicing; (C) Plaintiff's continuing costs and attorney fees; (D) such further relief as the Court may deem equitable and just. COUNT V BREACH OF ORAL CONTRACT 25. Plaintiff incorporates by reference each and every of the paragraphs one (1) through twenty-four (24) as if the same were more fully set forth aj length herein. 26. The acts and omissions of the Defendants, in refusing to r?-pay and/or reimburse Plaintiff for the costs associated with the work performed by Plaintiff's employees and constitute a material breach of the oral contract more fully described above to obta.' n payment from Defendants. 27. Plaintiff has suffered damages as more fully described above in the amount of Five Thousand, Four hundred and Six dollars and Thirty-five cents ($5,406.35), plus interest, as a direct and proximate result of the non-payment, which is rightfully owed to Plaintiff's involvement in supplying product and services to the WHEREFORE, Plaintiff demands judgment against the (A) the principal due and owing by Defendant in the hundred and Six dollars and Thirty-five cents ($5,406.35); (B) Plaintiff s continuing interest on all of Defendant's amount of 1 1/2% per month or 18% annum from date of invoicing; (C) Plaintiff's continuing costs and attorney fees; (D) ing balance in the such further relief as the Court may deem equitable and{just. MILLER, QUIGG, BRETT & AHERJN, P.C. BY: by Defendants for for: of Five Thousand, Four CHRISTOPHER M. BRETT, V ATTORNEY FOR PLAINTIFF EXHIBIT A dY' r . v .? r ...a.,.. w caJ CJL -wii E'J P. ? ad Aw 00:9 Use 0" wrIONPANY (17 Add t _ _',?°`t +lAWM1!qMPMOMM MA ow"S + wx5l 9wm =!- + iA7C (?tx r! f Crest - . ..? date -- - -- - APPUCAtION FOR kN A_CC UNT Your rompary rtan*. -1 ly city Pttone Xurrtber c wr r' hiarrt xzi Name of ?# ?k ,yi !_ Hobe Addre$B e oil Acamint AUS A NO COMPLETS,AUDAESSES OF 3 OR MORE TRADE RSpEFt9NCeS. me Acc un t Address phott 't t -.//. '?Y •{ • i;r? ? ': Is tfle account op st (z or C.t :p Chook Address, Name 7 ?. t??'" .Arco -rrt #,s-.•?:, A.dd ress _ Est=fir' _a`.,. r City Zip Ph ?? C? is the accourt Open (-Z) or C,OZ. check f.r,., ). 4) Na rr18/r ?% rc' •?u ?R .?,3 f -= 'AI ACCC! Ott 4-LO-O& 11 - - - .. Address ,. City State -Z?? Pholrte -ww fs the at count Open ( or C-0.0_ d 'i 1r?+rs .-az a©a?,e: ao? «+ s., _sn, wwn?k ?wna tone r tlhr h.ow.vri ? s e. r sW e?.?y aw?/+naw?. K ti?rrre these a u rapq?n,.Ka?/? gram s.xr k ayf p"rR . ! f296Y DP mt LRVAld np w w4 may 34,W*a p an awwo ws we* w d*t -m t A& itNWp' 0" pate'. Yhr,16 on yeean?p,r.p a?prrp,-t7MlIr1?MS am pfy sd easss Mevrr?c r? • ' 4 roNA6tii h?a rz a: raa.:AM# W" ?a F4* bra Cu. ter. ?t?n ai tryr da.awa+?wa c* 9v +vasr r+14.. o.r +h?v?r+.t sy+?xya+r r a*r+u scar #w q:eX n Tear, y+ppr?yru°ar• 4it,?ISha sns Go. g p/? k? yy aee+s++arr?4 r?nfW?ny. [ wry ?9 ??s ir?WO? bF 7?Wf WN?b. ! ^crmnY ?'OF :o ur L &,';o Nay ?o anon SU. andWna+eh e^Yl?M"'.rh?s hqy hC4aredxi?i9rW, wn?ry ",w? ?nh ab'rtQ''17?74?W1 tir`b'a>tia tr. and k•«.a?;yy g?y?ny +x%,wc Aor a:.Ca1 i?Yt'?49A?+R. i?iiXYd' ApY 1hDl N+if,?,ltfdffh f_-_?r f ,}K+-?Or 5paip(q?IpFL tlR tfhtr Ce m:pgrx, ff 171?Ld.1 Y? ei? I I nMw+r A? 4";Cl:0 0410 Ob*4 fun s ,r;c T0TAL PAGE. X13 . EXHIBIT B ALYM fi Neahaminy Interplex, 61h Fioor Trevose, PA v 53 Phone: (800)523.4585 Fax: (800)845-4970 DUFF AL BAG 1000 NEWVILLE RD CARLISLE , PA 170 STATEMENT I I I ;Payment Stub 1 Please Remit To I ALPHA SHIRT COMPANY 1P0 BOX 13559 Page Nod. iI NEWARK NJ 07188 1 I I 19450 107/29/2009 ! 19450 107/29/209 3/11108 1003523 30408 C 46.47- 45.4741003523 46.47 5/01/08 1424326 042808 C 1.92- 1.92141024328 1.92- )6/26108 1047230 62008 C 2156- 2.6641047230 2.66- )6/26/08 1047231 062008 C 9.87- 9.87j,41047231 9.87 2102/09 ,2079347 120108 1 567.03 567.63132079347 567.63 2/09/08 2110220 120908 I 229.17 229.17 32110220 229.17 2/09108 2115387 120908 I 711.054 711.05132115387 711,05 2/17/08 2151809 121708' 1 456.90« 456.90132151809 456.90 1/02/09 2189534 010209 I 1.173.134 1,173.84 32189534 1,173.84 1/06/09 2198647 010609 I 160.436 160,86 132198647 160.86, 01/08109 132209565 ; I 172.51 ! 132.51 32209655 I 172;51 1/14/05 ;J?25023 011309 I 208,:14 208 j 208.14 1/14109 Z?27378 011409 I l 298,58 i..' ; 298.58132227378 i 298.58 1/26109 2259764 12609 1 1 97-09 97.09 132,259764` 97.09 3/09109 0075360 S 698.:'.6 _ • 69k 16160075300 698.16 ` I I I I IF PAYMENT BEEN SENT. P .EASE DISREGA RD THIS NOTIC . I NOTE: THIS S A MENT INCLUD A SERVICE CHARGE DENOTE BY A TRANSA( TION T YPE 'S t i 1 i TraftACtion Typav r = tnvomm C = Cradd Mama U - Unapphad Cash P - WepaymmA F - NSF Cheese M - Memo s - S&v1oe Charge B - Balance Forward • = Payment D = Debit Memo •>jR:; . kf:• , ?t ?.}.., ?.. d?,f..3:?::k:£:it.fy S <?? C a?:f<•? x:;51; ;)j„i'i • >? Y:?;::;1M;.?,. ? :n•:?:b?i?? •:: : ..4;h:•?Y•f•a%, c',''?x?l::t ..a..t;•;•f;•f:3.`•>R'k,'?t?f}?y{{1'•1?'is?e?sr•»s?}fi%9r•.;e,<.::is2:•,:i;e:2:4,5F;.??({??.,R>wieJ:::r:a:: S:`":'i}t ' ..< .<. ..<: ..o- ?..: }L' '?'?f. .... ..!fiSF..... ,' f ? •}rte ,.>. r n 4 _2.01 I I i I I i I Amount Due I 'r713.U1 i 1 Amount Remitted 1 1 I i I VERIFICATION I verify that the statement(s) made in the foregoing Petition best of my knowledge, information and belief. I further verify that I verification on behalf of the defendant. I understand that false stater subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to Uns Authorities. DATED: /i?:3 116 CHRISTOPHER M. B Attorney for Plaintiff true and correct to the authorized to make this herein are made Falsification to , ESQUIRE MILLER, QUIGG, BRETT & AHERN BY CHRISTOPHER M. BRETT, ESQ. IDENTIFICATION NO. 209790 601 STONES CROSSING EASTON, PENNSYLVANIA 18045 TELEPHONE: 610-438-8755 FACSIMILE: 610-438-8756 ATTORNEY FOR I IN THE COURT OF COMMON PLEAS, CUMBERLAND COL CIVIL DIVISION ALPHA SHIRT COMPANY Plaintiff V. DUFF AL BAG Defendants TERM, 2010 DOCKET NO. CIVIL ACTION AFFIDAVIT OF ADDRESS Dear Cumberland County Prothonotary: I, Christopher M. Brett, Esquire of Plaintiff, Alpha Shirt Company, with Crossing, Easton' Pennsylvania 18045, certify that the last known address of the 1 civil action is: Alpha Shirt Company 6`h Floor 6 Neshsaminy Interplex Trevose, PA 19053 DATE: 11 /,? i 10 Christopher M. I ID No. 20970 Attorney for Plaintiff 601 Stones Crossing Y, PENNSYLVANIA -'LAW ess of 601 Stones in the above-captioned Esquire MILLER, QUIGG, BRETT & AHERN ATTORNEY FOR BY CHRISTOPHER M. BRET'T, ESQ. IDENTIFICATION NO. 209790 601 STONES CROSSING EASTON, PENNSYLVANIA 18045 TELEPHONE: 610-438-8755 FACSIMILE: 610-438-8756 IN THE COURT OF COMMON PLEAS, CUMBERLAND COU CIVIL DIVISION ALPHA SHIRT COMPANY . Plaintiff TERM, 2010 DOCKET NO. V. DUFF AL BAG CIVIL ACTION Defendants . CERTIFICATE OF SERVICE That the representative for the Plaintiff, Alpha Shirt Company, and correct copy of the foregoing Complaint has been served on ,PENNSYLVANIA - LAW by certifies that a true and all counsel of record, if any by certified mail, according to the Pennsylvania Rules of Civil Procedure, on this day of 2010. DUFF AL BAG 1000 NEWVILLE ROAD CARLISLE, PA 17013 Respectfully By: Christopher M. Br tt, Esquire Attorney for'Plaint`ff MILLER, QUIGG, BRETT & AHERN BY CHRISTOPHER M. BRET'T, ESQ. IDENTIFICATION NO. 209790 601 STONES CROSSING EASTON, PENNSYLVANIA 18045 TELEPHONE: 610-438-8755 FACSIMILE: 610-438-8756 ATTORNEY FOR P IN THE COURTOF COMMONW PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ALPHA SHIRT COMPANY Plaintiff V. DUFF AL BAG Defendant TERM, 2010 DOCKET NO. CIVIL ACTION - LAW PR1:ACIPE FOR ENTRY OF Kindly enter my appearance on behalf of Plaintiff, Alpha captioned matter. DATE 0 t3) to Signature Print N Address: Company, in the above : Christopher M. Brett, Esq. Telephone: 610-438-8755 Facsimile: 6 0-438-8756 Superior Court I.D. #: 209790 4i . IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION ALPHA SHIRT COMPANY, Plaintiff : TERM, 2010 : DOCKET NO. 10-6238 V. DUFF AL BAG, : CIVIL ACTION - LAW c Co . ? rncv _ :x NOTICE TO PLEAD =rn -vm TO: Alpha Shirt Company C') -0 c/o Christopher M. Brett, Esquire DC) ca C.)? MILLER, QUIGG, BRETT & AHERN, P.C. ? 601 Stones Crossing c? Easton, PA 19045 You are hereby notified to file a written response to the enclosed Defendant's Preliminary Objections to Plaintiffs Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Dated: 110, J l I o Respectfully submitted, ROMINGER & ASSOCIATES Drew F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308857 Attorney for Defendant IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION ALPHA SHIRT COMPANY, Plaintiff V. DUFF AL BAG, : TERM, 2010 : DOCKET NO. 10-6238 : CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Duff Al Bag, by and through its counsel, Drew F. Deyo, Esquire, and in support of its Preliminary Objections, avers as follows: The Parties: 1. It is believed and therefore averred that Alfa Shirt Company ("Plaintiff') is a Pennsylvania corporation duly incorporated under the laws of the Commonwealth of Pennsylvania, and is headquartered at 6`h floor, 6 Neshaminy Interplex, Trevose, PA 19053. 2. Duff Al Bag ("Defendant") is a Pennsylvania Corporation duly incorporated under the laws of the Commonwealth of Pennsylvania, and is headquartered at 1000 Newville Road, Carlisle, PA 17013. 3. Defendant now brings forth these Preliminary Objections to Plaintiff's Complaint pursuant to Pa.R.C.P. 1028 of the Pennsylvania Rules of Civil Procedure. PRELIMINARY OBJECTION I - Pa.RC.P.1028(a)(3) INSUFFICIENT SPECIFICITY IN A PLEADING 4. The above paragraphs are incorporated herein by reference. 5. Pa.R.C.P. 1019(a) provides that "The Material facts on which a cause of action or defense is based shall be stated in a concise and summary form." Pa.R.C.P. 1019(a). 6. Moreover, "averments of time, place and items of special damage shall be specifically stated." Pa.R.C.P. 1019(f). 7. Here, Plaintiff neither cites nor stipulates to any basis in law to support an imposition of attorney's fees. 8. In addition, Plaintiff s Complaint merely states that Defendant is in default with respect to a line of credit, and although it alleges dates upon which alleged transactions were made by Defendant, it wholly fails to allege what items Defendant purchased. 9. "A defendant is entitled to know... the items purchased to be able to answer intelligently and determine what items he can admit and what he must contest." Remit Corp. v. Miller, 2008 Pa. Dist. & Cnty. Dec. LEXIS 95 (Pa. County Ct. 2008). 10. Moreover, "included should be... dates and amounts of interest charges...." Chase Sank USA. N.A., v. Radar, 2009 Pa. Dist. & Cnty. Dec. LEXIS 28 (Pa. County Ct. 2009). 11. Here, Plaintiff wholly fails to plead the dates and amounts of interest charges. 12. Defendant cannot properly assert a defense or answer to Plaintiffs Complaint in the manner in which the Complaint has been pled. WHEREFORE, Defendant respectfully requests that this Honorable Court grant this preliminary objection and dismiss Plaintiff's Complaint with prejudice. PRELIMINARY OBJECTION II - Pa. R.C.P.1028ta)t4) LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 13. The previous paragraphs are incorporated herein by reference. 14. Plaintiff's Complaint merely alleges that Defendant is in default with respect to a credit balance, and has allegedly failed to make any payments in regard thereto. 15. Plaintiff's Complaint does not allege any facts to support a cognizable cause of action that would entitle it to relief. 16. Failure to pay, detrimental reliance, and unjust enrichment are not, in themselves, recognized causes of action in Pennsylvania. 17. Further, Plaintiff provides not facts whatsoever establishing that any oral contract ever existed between the parties. WHEREFORE, Defendant respectfully requests that this Honorable Court grant this preliminary objection and dismiss Plaintiff's Complaint with prejudice. PRELIMINARY OBJECTION III - Pa. R.C.P. 1024 FAILURE OF PLAINTIFF TO VERIFY THE COMPLAINT 18. The previous paragraphs are incorporated herein by reference. 19. "Every pleading containing an averment of fact not appearing of record in the action or containing a denial of fact shall state the averment or denial is true upon the signer's personal knowledge or information and belief and shall be verified." Pa.R.C. P. 1024(a). 20. "The verification shall be made by one or more of the parties filing the pleading unless all the parties (1) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of the person's information as to matters not stated upon his or her own knowledge and the reason why the verification is not made by a party." Pa.R.C.P. 1024(c). 21. Plaintiff has not verified its Complaint. 22. "[T]he requirement of a verification is not waivable because without it a pleading is mere narration, and amounts to nothing." Ad. Credit & Fin., Inc., 829 A.2d 340, at 345. 23. The only person who has verified the Complaint is Plaintiff's attorney, Christopher M. Brett, Esquire. 24. An attorney is not permitted to verify a complaint for a party unless one of the two conditions under Pa.R.C.P. 1024(c) are met, and the attorney offers an explanation for why the verification is not made by the party. 25. Plaintiffs Complaint fails to allege any facts whatsoever to establish the two conditions in Pa.R.C.P. 1024(c), namely that Plaintiff lacks sufficient knowledge or information to verify is Complaint, or that Plaintiff is outside the jurisdiction and that verification cannot be obtained within the time allowed for pleading. 26. Plaintiffs Complaint states no reason why the verification is made by counsel and not Plaintiff. WHEREFORE, Defendant respectfully requests that this Honorable Court grant this preliminary objection and dismiss Plaintiffs Complaint with prejudice. Date: I I Z ? `' ? ( to Respectfully submitted, D Drew F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308857 Attorney for Defendant IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION ALPHA SHIRT COMPANY, Plaintiff : TERM, 2010 DOCKET NO. 10-6238 V. DUFF AL BAG, : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Drew F. Deyo, Esquire, do hereby certify that I served a copy of the Preliminary Objections upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Christopher M. Brett, Esquire MILLER, QUIGG, BRETT & AHERN, P.C. 601 Stones Crossing Easton, PA 19045 Respectfully submitted, ROMINGER & ASSOCIATES F. Deyo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 308857 Attorney for Defendant Dated: ? ?`? l 6 David D. Buell - Prothonotary Office of the (Prothonotary Cum6er[and County, cPennsy[vania xir&S. Sofionage, ESQ Solicitor JO -10.23s CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 C CarCuCe, PA 0 Phone 717 240-6195 0 Tax717 240-6573