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HomeMy WebLinkAbout11-3268Toll it AN AWMATION CAST MM %Ol G JAMES W. ADELMAN, ESQUIRI Mail@morrisadelman.com IDENTIFICATION #02604 MORRIS & ADELMAN, P.C. PO BOX 30477 Philadelphia PA 19103-84" 215/568-5621 M. Glosser & Sons Inc. 72 Mesenger Street Johnstown PA 15902 VS. Gateway Construction Inc. 5 Radam Street Summerdale PA 17093 You have been sued in col; Maims set forth in the f twenty (20) days after th entering a written appear writing with the court yc forth against you. You a may proceed without you a the court without further complaint or for any othe plaintiff. You may lose to you. YOU SHOULD TAKE DO NOT HAVE A LAWYER, GO THIS OFFICE CAN PROVIDE Y IF YOU CANNOT AFFORD TO H PROVIDE YOU WITH INFORMAT SERVICES TO ELIGIBLE PERS ATTORNEY FOR PLAINTIFF M. Glosser & Sons Inc. - 7 iv COURT OF COMMON PLEVCJ CD CUMBERLAND COUNTY >C-) =-- CIVIL DIVISION ? c -aa r 70 NO. I 3alog ?LAINT-CIVIL ACT] NOTICE TO DEFEND -t. If you wish to defend against the )llowing pages, you must take action within s complaint and notice are served, by nce personally or by attorney and filing in r defenses or objections to the claims set e warned that if you fail to do so the case d a judgment may be entered against you by notice for any money claimed in the claim or relief requested by the oney or property or other rights important HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 0 OR TELEPHONE THE OFFICE SET FORTH BELOW. U WITH INFORMATION ABOUT HIRING A LAWYER. RE A LAWYER, THIS OFFICE MAY BE ABLE TO ON ABOUT AGENCIES THAT MAY OFFER LEGAL NS AT A REDUCED FEE OR NO FEE. LA YER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Av Carlisle PA 17013 717/249-3166 oo Pd ate ?k? ltol?S ?aJ A*a?5-7 o- g JWA0318.2 1. Plaintiff is M Gateway Construction Inc. 2. At the oral re delivered to Defendant(s) kinds, in the quantities, books of original entry, hereto, made part hereof, 3. Defendant(s) Exhibit "A". . Glosser & Sons Inc. Defendant(s) is COUNT I quest of Defendant(s), Plaintiff sold and goods and merchandise, at the times, of the and for the prices set forth in Plaintiff's a true and correct copy of which is attached and marked Exhibit "A". eceived and accepted the goods described in 1 4. The prices, including service and/or other charges, if any, which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant(s) agreed to pay. 5. All credits, i set forth in Exhibit "A". any, to which Defendant(s) is entitled are 6. Although deman has been made, Defendant(s) has failed to make payment of the amoun due as above. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum o $7,957.80 with interest at 6% from. April 29, 2010 and costs on Cou t I. JWA0318.2 COUNT II 7. Paragraphs 1 hrough 6 are incorporated by reference. 8. On or before A ril 29, 2010, Plaintiff delivered goods to Defendant at the times, if the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, true and correct copies of which Ore shown as Exhibit "A". 9. Defendant recgived and accepted the goods shown on Exhibit "A", and benefitted ther4by. 10. Defendant reclived the benefit of the goods from Plaintiff !nd it is unconscionable for Defendant to receive those benefits without making restituti n to Plaintiff. 11. It can be infdrred from the acts in the light of the surrounding circumstanceE Plaintiff for the goods. that Defendant implied that it would pay 12. Under the circumstances of the case, the ordinary course of dealing and the commo understanding of man, there is shown a mutual intention by Plai tiff to sell and Defendant to pay for the goods. JWA0318.2 13. Under the circ tances, the goods were delivered to Defendant under an implied promise to pay. 14. All conditions precedent to the present action have occurred or been performdd. 15. Defendant islliable to the Plaintiff in the sum of $7,957.80 under the theo4y of quantum valebant, quantum meruit, quasi contract, implied contract, goods had and received, and/or unjust enrichment. WHEREFORE, Plaintilff claims there is now justly due and owing ky Defendant(s) the sum of $7,957.80 with interest at 6% from April 29, 2010 and costs on C 'it II. RIS & ADELMAN, P.C. cadl? till tb W. AULLMAN, ESQUIRE A orneys For Plaintiff Post Office Box 30477 Philadelphia PA 19103-8477 215/568-5621 JWA0318.2 a '4 44 OUNT STATEMENT 00072155 02/23/11 PAYMENTS RECEIVED AFTER FEBRUARY 23, 2011 DO NOT APPEAR I 1 TO REQUEST A COPY OF AN INVOICE, PLEASE CALL (814) 533-2846 GATEWAY CONSTRUCTION P O BOX 247 FOR ALL OTHER INQUIRIES ABOUT THIS STATEMENT, SUMMERDALE PA 17093 PLEASE CALL (814) 533-2817 ,?** PLEASE INCLUDE CUSTOMER NUMBER* AND INVOICE NUMBERS WHEN REMITTING KS0098711 INV 04/29/10 20,92 .46 PAY 10/14/10 10,00 .00 PAY 11/08/10 1,50 .00 PAY 11/22/10 2,00 .00 7,423.46 7, 4231.46 7,423.46 09/17/2010 14:22 ???? 18145332818 M GLOSSIER & SONS COUNT STATEMENT PAGE 03/18 000'12155 09/17/10 PAYMENTS RECEIVED AFTER SEPTEMBER, 17, 2010 DO NOT APPEAR I 1 TO REQUEST A COPY OF AN INVOICE, PLEASE CALL (814) $33-2848 GATEWAY CONSTRUCTION P O BOX 247 FOR ALL OTHER INQUIRIES ABOUT THIS STATEMENT, SUMMERDALE PA 17093 PLEASE CALL (814) 533-2817 * * PLEASE INCLUDE CUSTOMER NUMBER *** AND INVOICE NUMBERS WHEN REMITTING KS0095942 INV 03/11/10 25 .56 KS0095943 INV 03/1.1/10 19 .44 K$009873.1 INV 04/29/10 20,92 .46 21, 37?[ 46 250.56 199.44 20,923.46 21,373.46 Oi CO JJ S T RUCTIOrJ, INC. Pay SUMMERDAILE, PA 17093 717.728-4480 TIN 25-1778598 PAY M GLOSSER & SONS, INC TO THE 72 MESSENGER STREET ORDER JOHNSTOWN, PA 15902 OF ?!? 60-295 4 2 6 6 6 ® M>2010 B? 313 uk****sand dollars and no cents ECK NO. AN40UNT ember 42668 ***$******2,000.00 r F- a AUTHORIZED SIGNATURE T +1'04266811' 1:0313029SSI: ?665786811' GATEWAY CONSTRUCTION, 114C. 42668. SU"MERDALE, PENNSYLVANIA 17093 DATE INVOICE NO. DES RIPTION INVOICE AMOUNT DEDUCTION BALANCE 4-29-10 98711 GLOSSER T1002 2000.00 .00 2000.00 O L? RECEfVEO rn 2 2Q10 w Nov 2 . Lo to s o 3 V ti? ?? ? ray r•?a CHECK 1-18-10 42 ?uM I 8 + TOTALS 2000.00 .00 2000.00 DATE -- - BER j - PLEASE C Tr TACH THIS PORTION AND RETAIN FOR YOUR RECORDS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith rn co = c_. raj ` Chief Deputy rn i o r,. ? C Richard W Stewart - t> -5 Solicitor c;? 4 = r 17) -1 M. Glosser & Sons, Inc. I `'` vs. Gateway Construction, Inc. Case Number 2011-3268 SHERIFF'S RETURN OF SERVICE 06/10/2011 03:47 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1547 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Gateway Construction, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Marrise Saxe, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. SO ANSWERS, June 15, 2011 RON R ANDERSON, SHERIFF T' Black, Deputy :;c? founfySuite Sherff. ieieosoft I,,,- I Iq ? !dJUN27 AN 10: PENNSYU'44 MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE IDENTIFICATION # 02604 1920 Chestnut Street, S/300 P.O. Box 30477 Philadelphia, PA 19103-8477 (215) 568-5621 You are hereby notified to plead to the enclosed Interrogatories within twenty (20) days from service hereon or a default judgment may be j&entedaga ' st ou . L .C. At-?cfrneys for Plaintiff M. GLOSSER & SONS INC. 72 Mesenger Road Johnstown, PA 15902 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION vs. GATEWAY CONSTRUCTION INC. 5 Radam Street Summerdale, PA 17093 and M & T BANK, Garnishee NO. 2011-03268 ? 5 w s 4.0 INTERROGATORIES TO GARNISHEE TO: M & T BANK 1 West High Street 4400 O<® Carlisle, PA 17013 ®??S ?N? You are required to file answers to the followi6g Interrogapr es within twenty (20) days after service upon you. Q® do so may . _ Z '4 04, 111/0 C's 0 result in judgment against you. p t U r ® 00" '1'/7a/n4 1. At the time you were served or at any subsequent ??d you owe the Defendant an money or were@? Y you liable to [him] tie defendant on any negotiable or other written instrument, or did [he] the defendant claim that you owed [him] the defendant any money or were liable to [him] the defendant for any reasons? specifically. State the amount a-, `t 2. At the time you were served or at any subsequent time, was there in your possession, custody or control, or in the joint possession, custody or control of yourself and others, any property of any nature owned solely or in part by the Defendant? If your answer is in the affirmative, describe the nature and value of 110'0 ?? ty STq lp ?'Qc? 1qC ,,n J ? ??/?/? O'Q p?? y O 3. At the time you were served or at any subsequent ti by you hold legal title to any property of any nature owned solely or in part by the Defendant? If your answer is in the affirmative, describe the nature and value of said property. +V 4. At the time you were served or at any subsequent time, did you hold as fiduciary any property in which the Defendant had an interest? If your answer is in the affirmative, describe the nature and value of said property. d o 5. At any time before or after you were served, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent; and what was the consideration there for? 0(-) 6. At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant or to any person or place pursuant to [his] the defendant's direction or otherwise discharge any claim of the Defendant against you?? 0 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing t1 se funds on a recurring basis. 00T 'SF Go?DA ?v sr IN 0, 'N' C,cb A; ' > 8. If you are a bank or other financial institution, at,time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. §8123 syaaarr?o, identify each ,n f sre r?s a?iabi A t account. `h'ail or'naho ?o'On e `°n, by this by rherserom S 41 hr byma on a"k corms 4s (a) Identify all documents that were giv0 er??U Or signed for the Bank establishing the accc?Qrcan'?yrhe b??s obra .0 (b) State the Bank' a s understanding of the legal comp on of its customer and identify all documents the Bank has that showed that legal composition. (c) State all addresses given for the Bank's customer and all addresses to which the account statements were to be sent OR Melissa K Pet JUN Z 42011 M&T Bank' 1 _ R.. MOFYIS & ADELMAN, P. C. BY ??VVVv orney for Plaintiff MORRIS & ADELMAN, P.C. BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF IDENTIFICATION #02604 POB 30477 M. Glosser & Sons Inc. Philadelphia PA 19103-8477 215/568-5621 M. Glosser & Sons Inc. COURT OF COMMON PLEAS 72 Mesenger_ Street CUMBERLAND COUNTY Johnstown PA 15902 CIVIL DIVISION VS. MW s» c rn Gateway Construction Inc. 2? r- 2t -or,- 5 Radam Street -<x o Summerdale PA 17093 CQ -, =C9 A 3 C}-s and Dz ., ?M M & T Bank Garnishee NO. 2011-03268 ORDER TO DISCONTINUE ATTACHMENT TO THE PROTHONOTARY: Kindly discontinue the attachment against the garnishee, M & T Bank, only in the above-captioned matter. RRIS &/KD$LMAN, P.C. BY: ,DES W. ADELMAN, ESQ orneys For Plaintiff A t So Ordered as above: Prothonotary aM? ?$•? t d °? ??. Ildl8s 2,400111 ILI .I WA0627.2 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor M. Glosser & Sons, Inc. vs. Gateway Construction, Inc. 4,00ty of C1,41 b,"11114 OF C ? ...? FiLEO-OFFJC.. TNF, PR0TNQ}?1DTAP; . 2011 NOy 21 AN 10: 06 CDMSERLAND COUNTY' PENNsYLVANIA Case Number 2011-3268 SHERIFF'S RETURN OF SERVICE 06/10/2011 03:47 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2011 at 1547 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Gateway Construction, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Marrise Saxe, Teller personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. 11/16/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gateway Construction, Inc., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Writ of Execution as "Not Found" at 5 Radam Street, East Pennsboro Township, Summerdale, PA 17093. After several attempts at service the Writ of Execution has expired. Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ of execution is returned STAYED. SHERIFF COST: $113.73 November 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 41-f - 51-? 5;t? >s- (0) CountySultc Sh"nYF, 'Telooso}T. lilt.