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Home My WebLink About01-2234RSBcjhl Bp/01-2207 Agway-Northeast cover IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AGWAY ENERGY PRODUCTS, Plaintiff VS. NORTHEAST FROZEN DISTRIBUTORS, Defendant CIVIL ACTION - LAW No. of 2001 COMPLAINT IN CIVIL ACTION TO THE WITHIN NAMED DEFENDANT: You are hereby notified to plead to the within Complaint in Civil Action within twenty (20) days from date of service hereof or a default judgment~ be entered against you. Attorney mr Plmmtrz Filed on behalf of Plaintiff: Agway Energy Products Attorney for this party: Ross S. Bash, Esquire Pa. I.D. #22796 Ross S. Bash Law Offices, P.C Firm I.D. #991 2 West Pittsburgh Street Delmont, PA 15626-1430 (724) 468-8600 E-mail: bashlaw ~mestol. com RSBcjhl Bp/01-2207 Agway-blortheast complaint IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DMSION - LAW AGWAY ENERGY PRODUCTS, Plaintiff vs. NORTHEAST FROZEN DISTRIBUTORS, ) Defendant ) No.0/- .~ ~ 3 ~/ of 2001 COMPLAINT IN CIVIl, ACTION COUNT I 1. Agway Energy Products is the plaintiff, having address of P.O. Box 220, Millersburg, PA 17061~ 2. Northeast Frozen Distributors is the defendant, having address of 511 E Louther Street, Carlisle, PA 17013-2645. 3. At times commencing prior to March 7, 2001, defendant purchased and received petroleum products from and through plaintiff, on an open account basis. 4. There remains due from defendant to plaintiff a balance of $8,650.68 (Acct. #0280254500-14, $603.72; Acct. #0280254600-14, $1,183.00; Acct. #0280254700 $6,863.96), not including interest or costs on the said accounts. 5. Plaintiff has upon its part fully performed all obligations and conditions encumbent upon it respecting the said account and payment by defendant of the amount claimed, entitling plaintiff to payment of the said balance due on the account. Page 1 of 3 RSBcjhl 8p/01-2207 Agway-Northeast complaint 6. Despite defendant's receipt and acceptance of the said petroleum products, and despite repeated demands by plaintiff for payment, defendant has failed or refused to pay the balance due on the said accounts. 7. As a direct and proximate result of defendant's failure or refusal to pay the balance due on the said accounts, plaintiff has suffered damages in the sum of $8,650.68, plus interest and costs, all of which is to plaintiff's detriment, injury and loss. 8~ The amount at issue is liquidated, is not in excess of $10,000~00 and does not exceed the jurisdictional amount specified for arbitration. WHEREFORE, plaintiff, Agway Energy Products, demands judgment in its action under Count I of this Complaint, against the defendant, Northeast Frozen Distributors, in the sum of $8,650.68, plus interest and costs. COUNT II 9. Paragraphs 1 through 8 of Count I of this Complaint are incorporated by reference with the same force and effect as if set forth more fully herein. 10. By purchasing and receiving the said petroleum products fi.om and through plaintiff, defendant did intentionally and deliberately, or negligently and recklessly misrepresent and deceive plaintiff that defendant would make payment of the amounts due as charged respecting the said accounts for the said purchases, when in fact, defendant failed or refused and continues to fail or refuse to pay plaintiff the balance remaining due on the said accounts. 11. Plaintiff justifiably relied to its detriment on the said misrepresentations of defendant. Page 2 of 3 RSBcjhl Bp/01-2207 Ag~ay-Northeast complaint 12. As a direct and proximate result of defendant's misrepresentations, plaintiff has suffered damages in the sum of $8,65068, plus interest and costs, all of which was in reliance on defendant's representations and all of which is to plaintiff's detriment, injury and loss. WHEREFORE, plaintiff, Agway Energy Products, demands judgment in its action under Count II of this Complaint, against the defendant, Northeast Frozen Distributors, in the sum of $8,650.68, plus interest and costs. Respectfully submitted, Ro s s~/~at h,/h,--~AAttc~Plaint iff, Agway Energy Products Ross S. Bash Law Offices, P.C 2 West Pittsburgh Street Delmont, PA 15626-1430 (724) 468-8600 E-mail: bashlaw ~westol.com Pa. I.D. No. 22796 Page 3 of 3 RSBcjhlSp/01-2207 Agway-Northeast Affidavit COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF WESTMORELAND ) Personally appeared before me, the undersigned authority, a Notary Public, Ross S. Bash, Attorney for plaintiff, Agway Energy Products, who, after being by me first duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Civil Action are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this 11t~ day of April, 2001. Notary Public Koss S. Bash Rhonda M. Pavllak, N.~ Pl.~bJlo Oefmont Bom, _Weetmomlll~l Oount~ J My ~ Expires M~,oh al, affOll I Member, Pennsylvarda A~tiofl SHERIFF'S RETURN - CASE NO: 2001-02234 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AGWAY ENERGY PRODUCTS VS NORTHEAST FROZEN DISTRIBUTIORS REGULAR BRIAN BARRICK , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE NORTHEAST FROZEN DISTRIBUTORS DEFENDANT , at 0014:55 HOURS, at 111 MULBERRY DRIVE MECHANICSBURG, PA 17055 TOM HOLTZMAN (M3tNAGER) a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the llth day of May by handing to & NOTICE to law, the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this ~ day of Prothonotary ' ~' So Answers: R. Thomas Kline 05/ 4/200 ROSS S. BASH By: Deputy Sheriff RSBrmp32/01-2207 Agway-NE Frozen Dist- praecipe to enter d¢fitult jdgmt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AGWAY ENERGY PRODUCTS, Plaintiff VS. NORTHEAST FROZEN DISTRIBUTORS, Defendant No. 01-2234 Civil Term PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Pursuant to Pa. R.C.P. 1037 and 1047, you are requested to enter judgmem by default in favor of plaintiff, Agway Energy Products, and against defendant, Northeast Frozen Distributors, for failure of said defendant to either responsively plead to plaintiff's Complaint containing a notice to plead and defend or to enter an appearance, personally or through counsel, within the time required, in the sum of $8,650.68 plus interest and costs. It is further hereby certified that notice of intern to pmecipe for entry of judgment was given to the said defendant as required by Pa. R.C.P. 237.1 on October 26, 2001, and a copy of the said notice, together with proofs of mailing as of said date are attached hereto and incorporated herein by reference. Re~t~/L~ly submittedy Ross S. Bash, Attorney for Plaintiff, Agway Energy Products Sworn to and subscribed before me this 14t~ day of November, 2001. Notary Public Notarial See~ Rhonda M. pavllak, No.fy Pu _ Delnxmt Bom, Westmorolan,d, My Cornmlselon Expires Marc*, {1_ ~ - I Member, Pennsylvania RSBrmp32if01-2207 Ag~vay-N.E~ Froze~ Dist default notice IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AGWAY ENERGY PRODUCTS, Plaintiff VS. NORTHEAST FROZEN DISTRIBUTORS, Defendant No. 01-2234 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 Ross S. Bash, Attorney for Plaintiff, Agway Energy Products Ross S. Bash Law Offices, P.C. 2 West Pittsburgh Street Delmont, PA 15626-1430 (724) 468-8600 DATE OF NOTICE: October 26, 2001 NOTICE PURSUANT TO PA. R.C.P. 237.1 FILED FORM 3817 01-2207 ' u.s. POST~,L S~V,C~ CERTIFICATE OF MAILING MAY BE USED FO" DOMESTIC AND INTE,cJNATIONAL MAIL, DOES NOT PRO'~/I[3~ ~OR INSURANCe--POSTMASTER ss ~. Bash, E$c~±re Poss S~. Bash Law Offices, P.C. 2 West PittsburGh Street Delmont, PA 15626-1430 Northeast Frozen Distributors 511 East Louther Street Carlisle, PA 17013-2645 PS Form 3817, Mar. 1989 u s .ost~ ~.v,0?1 22C~?RTIFICATE OF MAILING M,~ E~E U~ED FOR DOMESTIC AND INTERNATIONAL MAIL, ~OE~ NOT 2 ~st Pitt~gh S~t ~nt, PA 15626-1430 ~r~st F~z~ Dis~utors 111 MuLberry Drive Mechanicsburg, PA 17055 PS Form 3817, Mar. lg89 RSBrmp32]ffl) 1-2207 Agway.NE Frozen Dist- gert of addresses IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AOWAY ENERGY PRODUCTS, ) : Plaintiff ) .- NORTHEAST FROZEN DISTRIBUTORS, ) Defendant ) No. 01-2234 Civil Term CERTIFICATION OF ADDRESSES I h~eby certify the address of plaintiff to be P.O. Box 220, Millersburg, PA 17061. I hereby certify the last known address of the defendam to be 511 E. Louther Street, Carlisle, PA 17013-2645 and/or I l l Mulberry Drive, Mechanicsburg, PA 17055. ~~Respeq ly submitted, Ross S. Bash, Attorney for Plaintiff, Agway Energy Products Ross S. Bash Law Offices, P.C. 2 West Pittsburgh Street Delmont, PA 15626-1430 (724) 468-8600 Pm I.D. #22796 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: AG~AY ENERGY PRODUCTS, Plaintiff vS. NORTHEAST FROZEN DISTRIBUTORS 511 E. Louther Street, Carlisle, PA 17013 and/or Ill Mulberry Drive, Mechanicsburg, PA 17055 Defend~-t TO THE PROTHONOTARY OF THE SAID COURT: ( ) Confessed Judgment (X) Other File No. 01-2234 Cd.vil Te~m Amount Due $5,045.42 interest 844.41 Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) personal and business property PRAEClPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Signature: Print Name: Address: Date December 18. 2001 /Sarah Bash Hough ~ash-Mcu~h Law O~ces, P.C. 2 West Pittsburgh Street Delmont, PA 15626-1430 Attorney for: Telephone: Supreme Court iD No.: Plaintiff 724-468-8600 (ove0 Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.F'. No. 3129). if lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.92 Advertising Law Library .50 Prothonotary 1.00 Mileage 6.90 Misc. Surcharge 30.00 Levy 40.00 Post Pone Sale Garnishee 98.32 Advance Costs: 150.00 Sheriff's Costs: 98.32 5i.68 Refunded to Atty on 7 / 15/02 Sworn and Subscribed to before me this yE dayof~,,~ 2002 ^.D. prothohotary So Answers; R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or A'n'ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-223z~ __CIVIL 19 CIVIL ACTION - LAW TO THE SHERIFF OF . Cumberla~ COUNTY To satisfy the debl, interesl and costs due Agway Energy Products ................... PLAINTIFF(S) from Hortheast Frozen Distributors 511 g- Lonther Street, Carlisle, PA 17013 ~R~/or 111 Mulberry Drive, Mechan_i_cs__burg, PA 17055 DEFENDANT(S) (1) You are directed to levy upon the propedy of the defendant(s) and to sell personal and busincsc property (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of __ GARNISHEE(S) as follows: and Io notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt lo or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in lhe possession of anyone olher then a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above staled. Amounl Due Inlerest Atty's Corem Arty Paid Plaintiff Paid $5,045.42 LL $.50 $844.41 Due Profhy $1.00 % OtherCosts $105.58 Date:_ December 26, 2001 REQUESTING PARTY: Name Sarah Bash Houqh Address: Bash-Hough Law offices, P.C. 2 west Pittsburgh SL~L Delmont. PA 15_6_26-143Q.__ A~torney lot: Plaintiff Telephone: 774_~.68-RRnn ...... Supreme Coud ID No. 84782 Curtis R. Long Prothonotary, Civil Division Deputy INTHE cOURT OF COMMON pLEAs OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION *. PRAECIPE FOR WRIT' OF EXECUTION Caption: ,z~ ~ Pi~CDOCi~, VS. c/o Benj~mi~ ~ Calho~ 411 West Marble Street Mechanicsburg, PA 17055-4156 Defendant TO THE PROTHONOTARY OF Tile SAID COURT: : ( ) ConfessedJudgmen[ : (X) Other : File No. 03-2234 c~-v-,2~ -: AmountDue $5,045.42 : Interest $1,121.87 : Atty's Comm " : Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of O~erland for debt, interest and costs, upon the following des~;ribed property of the. defendant(s) personal and bdsiness County, PRAECIPE FOR AI'TACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). [~ (Indicate) Index this writ against the garnishee(s) as a lis pendens aga~st real estate of the defendant(s) described in the attached exhibit. Date September 24, 2002 Signature: >,c~-~ _ . Print Name: Address: 2 West Pittsbuz~h Street' Delmunt, PA 15626-1430 Attorney for: Plaintiff Telephone: 724-468-~600 Supreme CourtID No.: R47R? (over) RSBrmp47p/01-2207 AgwayoN.E. e~t of addresses IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION - LAW AGWAY ENERGY PRODUCTS, Pla'mtiff VS. NORTHEAST FROZEN DISTRIBUTORS, Defendant No. 01-2234 Civil Term CERTIFICATION OF ADDRESSES I hereby certify the address of plaintiff to bc P.O. Box 220, Millersburg, PA 17061.. I hereby certify the last known address of the defendant to bc c/o Benjamin Calhoun, 411 West Marble Street, Mechanicsburg, PA 17055-4156. Res~bmitted,~. 1~o '~ B 'ss~.tms~ Attcm~yfcr Plaintiff, Agway Energy Products Ross S. Bash Law Offices, P.C. 2 West Pittsburgh Street Delmont, PA 15626-1430 (724) 468-86O0 Pa. I.D. #22796 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-2234 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AGWAY ENERGY PRODUCTS, Plaintiff (s) From NORTHEAST FROZEN DISTRIBUTORS, C/O BENJAMINE CALHOUN, 411 WEST MARBLE STREET, MECHANICSBURG, PA 17055-4156 (1) You are direcled to levy upon the property of the defendant {s)and to sell PERSONAL AND BUSINESS PROPERTY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) mdt levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $5~045.42 Interest $1,121.87 Atty's Comm % Atty Paid $216.40 Plaintiff Paid Date: SEPTEMBER 30, 2002 (Seal) REQUESTING PARTY: Name ROSS S. BASH, ESQUIRE Address: BASH-HOUGH LAW OFFICES, P.C. 2 WEST PITTSBURGH STREET DELMONT, PA 15626-1430 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothono~ {~.~j.~ 1~: ~-.~.~..~, ~ ~. ~. I Deputy Attorney for: PLAINTIFF Telephone: 724-468-8600 Supreme Court ID No. 84782