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Home My WebLink About11-4255PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 THIS IS AN ARBITRATION MATTER ATTORNEY FOR PLAINTIFF BANCARD SYSTEMS P.O. BOX 2433 COLUMBIA FALLS, MT 59912 VS. KEYSTONE ENTERPRISES, LLC 6 KELLY DRIVE CARLISLE PA 17015 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 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 COMMON PLEAS COURT OF CUMBERLAND COUNV7 c NO. 1/..?55J =* c CIVIL ACTION AVISO Le han demandado a usted an Is corte. Si usted quiere defenderse de estas demandas expuestas an las paginas siguientes, usted tiene (20) dies de plazo a partir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o an persona o por abogado y archivar an la corte sus defenses o sus objeciones a las demandas encontra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion o por cualgier queja o alivio qua espedido an la peticion de demanda. Usted puede perder dinero, sus propiedades o otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 194 3 CjG# )(lbkN 171 /) y61- PAUL F. D-EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 BANCARD SYSTEMS P.O. BOX 2433 COLUMBIA FALLS, MT 59912 VS. KEYSTONE ENTERPRISES, LLC 6 KELLY DRIVE CARLISLE, PA 17015 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. CIVIL ACTION NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. SECTION 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW 79 PA. CON. STAT. ANN. SECTION 201, ET. SEQ. ("THE ACTS") IN AS MUCH AS THE ACTS MAY APPLY, PLEASE BE ADVISED THAT THE COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COMPLAINT The Plaintiff, Bancard Systems by its attorney, Paul F. D'Emilio, Esquire brings this action upon a cause whereof the following is a statement: 1. Bancard Systems is Corporation authorized to do business in the Commonwealth of Pennsylvania, having an mailing address of P.O. Box 2433, Columbia Falls, MT 59912. 2. The Defendant, Keystone Enterprises, LLC doing business in the Commonwealth of Pennsylvania, with its principal place of business at 6 Kelly Drive, Carlisle, PA 17015. 3. At all times hereinafter mentioned, the Plaintiff, is in the business of distribution of ATM enclosures. 1 4. On or about May 19, 2008 Defendants purchased ATM enclosures from the Plaintiff and Plaintiff issued its invoices to Defendant as shown in Plaintiff's books of original entry, A true and correct copy which are attached hereto, made part hereof and marked Exhibit "A." 5. Defendant received and accepted the ATM enclosures. 6. Thereafter Plaintiff billed the Defendant the sum of $12,650.00, which is the fair and reasonable and the market prices for the parts and the prices that the Defendant agreed to pay. A true and correct copy of the invoices are attached hereto, made part hereof and marked Exhibit "A." 7. The amount due is computed as follows: Purchases .......... ......................................$12,650.00 Total amount due ............. ................................$12,650.00 8. Although frequent demands have been made, Defendant fails, refuses and neglects and continues to fail, refuse and neglect to make payment of the amounts due WHEREFORE, Plaintiff demands judgment against the Defendant in an amount not in excess of Fifty Thousand and 001100 ($50,000.00) dollars together with cost of suit. Date: i ul F4DUEm o , Esquire Identification No.: 16654 e-mail address: pauld@demiliolaw.com Paul M. Schofield, Jr., Esquire Identification No.: 81894 e-mail address: pauls@demiliolaw.com 905 W. Sproul Road, Suite 105 Springfield, PA 19064 Telephone No.: 610-338-0338 Fax No.: 610-338-0303 2 28/04/11 01:30??' B"aT (406)592-3339 VERIFICATION P. n4 Vince t L. Sarff Corporate Manger of Bancerd Systems Plaintiff in the above- captioned matter, verifies that the facts contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject t the penalties of 18 Pa. C.S. Section 4904 relati to unswom falsif cat' n to thorities. 12 DATE: inc 3 Exhibit "A" O1/07}09 11:45AM BSI (406)892-3339 Dec 15 08 05:38p Bancard BncloIV Work order 258 Bad Rock Dr, Columbia Falls, Montana 59912- Unites States ofAmerica Phone. (317) 351-2900 Fur: (317) 351-5900 p.04 315900 p.7 Completion Datel2:1512008 Contact Name Frank Barba Customer W 40 Order YD 173 Terw Ship Date Order Date i"19112008 Skip via US Freight Solution PO Number Bill Tv: Keystone Enterprise, LLC 6 Kelly Dr Carlisle, PA 17015- US4 Skip To: Bakely's Deli 340 Ocean Ave ]Ocean City, XJ 08226- USA ID Praduct Aame 131 Tube, HY1500 Quantity Unit Price Discount 2 $5,995.00 0.40% Subtotal Delivery Sales Tax Order Total Total Payments Total Due Line Total $11,980.00 $11,990.00 $660.00 $0.00 $12,650.00 Si2,650.00 Monft December 1-% 2093 Page 1 of l FILED-OFFICE O i HE PROTHONOTAR't 2011 JUN 24 AM 11: 10 CUMBERLAND COUNTY PENNSYLVANIA Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Defendant Keystone Enterprises, LLC BANCARD SYSTEMS, Plaintiff V. KEYSTONE ENTERPRISES, LLC Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-4255 : CIVIL ACTION -LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker & Brenneman, P. C. as attorneys for Defendant Keystone Enterprises, LLC with respect to the above-captioned action. SNELBAKER & BRENNEMAN, P. C. LAw OFF'= I Date: June 23, 2011 SNELBAKER EC BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire Attorney ID No. 47077 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Keystone Enterprises, LLC CERTIFICATE OF SERVICE I, KEITH 0. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, I caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Paul F. D'Emilio, Esquire 905 W. Sproul Road Suite 105 Springfield, PA 19064 By: Date: June 23, 2011 SNELBAKER & BRENNEMAN, P.C. t//? Keith 0. Brenneman, Esquire 44 W. Main Street P. 0. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Keystone Enterprises, LLC LAW OFFICES SNELBAKER & BRENNEMAN, P.C. e FILED-OFFICE CF T? t. 0 OTH °dQ t 4' 20{1 JUL -7 PH 12: 24 CUMBERLAND COUNTY PENNSYLVANIA Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Defendant Keystone Enterprises, LLC BANCARD SYSTEMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-4255 KEYSTONE ENTERPRISES, LLC Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Plaintiff Bancard Systems and Paul F. D'Emilio, Esquire 905 W. Sproul Road. Suite 105 Springfield, PA 19064 You are hereby notified that you have twenty (20) days in which to plead to the enclosed New Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Date: July 7, 2011 By: I Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Keystone Enterprises, LLC; Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney ID No. 47077 Attorneys for Defendant Keystone Enterprises, LLC BANCARD SYSTEMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-4255 KEYSTONE ENTERPRISES, LLC Defendant CIVIL ACTION - LAW ANSWER WITH NEW MATTER Defendant Keystone Enterprises, LLC, by its attorneys, Snelbaker & Brenneman, P. C. submits this Answer with New Matter as follows: ANSWER 1. Denied. It is denied that Bancard Systems is a corporation authorized to do business in the Commonwealth of Pennsylvania. The averments of Defendant's New Matter are incorporated by reference herein. 2. Admitted. 3. Admitted upon information and belief. 4. Denied. It is denied that on or about May 19, 2008 Defendant purchased ATM LAW OFFICES enclosures from Plaintiff. It is further denied that Plaintiffs "books of original entry" are SNELBAKER & BRENNEMAN. P.C. attached to the Complaint identified as Exhibit A. On the contrary, what Plaintiff purports to be a work order is not an entry from Plaintiffs books of original entry. By way of further answer, a representative of Plaintiff has claimed that there were "signed agreements" with Defendant, none of which have been pled by the Plaintiff in its Complaint. 5. Denied. It is denied that Defendant either directly received or accepted ATM enclosures from Plaintiff for the reasons set forth in Defendant's New Matter, the averments of which are incorporated by reference herein. 6. Denied. It is denied that Plaintiff billed Defendant the sum of $12,650.00. On the contrary, Bancard Systems at no time invoiced such an amount to Defendant. It is further denied that the sum of $12,650.00 is fair and reasonable for the ATM enclosures purportedly provided by Plaintiff. It is further denied that invoices are attached to the Complaint and marked as Exhibit A. To the contrary, the only document attached to the Complaint marked as Exhibit A is what Plaintiff characterizes as part of Plaintiffs "books of original entry". The averments of Paragraph 4 are incorporated by reference herein. 7. Denied. It is denied that any amount is owed to Plaintiff for the reasons set forth in this Answer and New Matter, the averments of which are incorporated by reference in this paragraph. 8. Denied. It is denied, to the extent it is expressed or implied, that Defendant owes Plaintiff any sum for the reasons set forth in this Answer and New Matter. WHEREFORE, Defendant requests this Court to dismiss Plaintiffs Complaint with prejudice and enter judgment in favor of Defendant. -2- LAW OFFICES SNELBAKER & BRENNEMAN. P.C. NEW MATTER 9. Plaintiffs claim may be barred by the applicable statute(s) of limitations. 10. Plaintiff Complaint fails to set forth any claim or cause of action upon which relief may be granted. 11. Plaintiff Bancard Systems identifies itself as a corporation authorized to do business in the Commonwealth of Pennsylvania with an address in Montana. 12. Plaintiffs principal office and place of business is in Montana. 13. Plaintiff purports to do business in the Commonwealth of Pennsylvania from its offices in Montana. 14. Plaintiff is or may be a foreign business corporation. 15. Plaintiff has never obtained a certificate of authority in the Commonwealth of Pennsylvania as a foreign business corporation. 16. Plaintiff has never registered or filed its corporate name or fictitious name in Pennsylvania. 17. For the foregoing reasons, Plaintiff is not permitted to maintain this or any other action or proceeding in this Court. 18. Plaintiff has no standing to bring this action. 19. Plaintiff fails to set forth any terms of any agreement alleged to exist between Plaintiff and Defendant upon which any claim can be based. 20. The equipment delivered for Defendant, but not accepted by Defendant, was unable to be immediately and properly installed. LAW O?'ICES A SNELBKER SC -3- BRENNEMAN, P.C. 21. The equipment delivered for Defendant, but not accepted by Defendant, could not be leveled. 22. The equipment delivered for Defendant, but not accepted by Defendant, required the drilling of holes in Defendant's equipment which was a substantial and material condition of which Defendant was never advised. 23. The equipment delivered for Defendant, but not accepted by Defendant, did not allow its bolting or attachment to cement. 24. Defendant made repeated offers to Plaintiff and Plaintiffs agents or representatives for return of the equipment, which offers were refused. 25. For the reasons noted above, Plaintiffs actions are unconscionable and evidence bad faith in commercial dealings with Defendant to Defendant's detriment. 26. Plaintiffs claim is barred by the application of the doctrine of estoppel and/or equitable estoppel and/or unclean hands. WHEREFORE, Defendant requests Plaintiffs Complaint to be dismissed with prejudice and judgment entered in Defendant's favor together with costs of this action. SNELBAKER & BRENNEMAN, P. C. By: I Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Defendant Date: July 6, 2011 Keystone Enterprises, LLC LAW OFFICES SNELBAKER 8C -4 BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Answer with New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Keystone Enterprises, LLC By: Frank Barba Date: 7?4 h/ CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Answer With New Matter to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Paul F. D'Emilio, Esquire 905 W. Sproul Road Suite 105 Springfield, PA 19064 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Defendant Keystone Enterprises, LLC Date: July 7, 2011 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. r iLEG-OFFIG . PAUL F D'EMILIn ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE7217 JUL 24 ATTORNEY I.D. #81894 00905 W. SPROUL ROAD, SUITE 105 JAM ENNS LEA TKORNEY FOR PLAINTIFF SPRINGFIELD, PA 19064 (610) 338-0338 BANCARD SYSTEMS COMMON PLEAS COURT OF P.O. BOX 2433 CUMBERLAND COUNTY COLUMBIA FALLS, MT 59912 . VS. NO. 11-4255 KEYSTONE ENTERPRISES, LLC 6 KELLY DRIVE CARLISLE PA 17015 CIVIL ACTION PRAECIPE TO ENTER JUDGMENT ON AWARD OF ARBITRATORS TO THE PROTHONOTARY, CP: Kindly enter judgment in the above entitled matter on the Report and Award of Arbitrators entered on April 12, 2012, finding in favor of Plaintiff, Bancard Systems a against Defendant, Keystone Enterprises, LLC (A copy of the Arbitration Award is attached hereto and marked Exhibit "A.") /Z11 PAU . D' IO, ESQUIRE ATT RNE FOR PLAINTIFF And now to wit, this Dgday of 1i IL ,2012, Judgment is entered in favor of the Plaintiff, Bancard Systems and against the Defendant, Keystone Enterprises, LLC on the Report and Award of Arbitrators entered on April 19, 12 jdages are as in the sum of Twelve Thousand Six Hundred Fifty and 1.00). O PRO THONOTARY 0'?', w-56-? "? M 193 ?? a'led PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 BANCARD SYSTEMS P.O. BOX 2433 COLUMBIA FALLS, MT 59912 . VS. KEYSTONE ENTERPRISES, LLC 6 KELLY DRIVE CARLISLE PA 17015 ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. CIVIL ACTION TO THE PROTHONOTARY, CP: The undersigned, attorney for Defendant, hereby certifies that on July, 201 , a true and correct copy of the Praecipe to Enter Judgment on Award of Arbitrators mailed by first class mail, postage pre-paid to each attorney of record for each party who has appeared in this action. Keystone Enterprises, LLC 6 Kelly Drive Carliesle, PA 17015 PAUL F. D'EMI , SQUIRE ATT NEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW (Rule of Civil Procedure No. 236) PAUL F. D'EMILIO, ESQUIRE ATTORNEY I.D. #16654 PAUL M. SCHOFIELD, JR., ESQUIRE ATTORNEY I.D. #81894 905 W. SPROUL ROAD, SUITE 105 SPRINGFIELD, PA 19064 (610) 338-0338 BANCARD SYSTEMS P.O. BOX 2433 COLUMBIA FALLS, MT 59912 VS. KEYSTONE ENTERPRISES, LLC 6 KELLY DRIVE CARLISLE. PA 17015 CIVIL ACTION Notice is given that a judgment in the above captioned matter has been ente against you on 2012. ATTORNEY FOR PLAINTIFF COMMON PLEAS COURT OF CUMBERLAND COUNTY NO. 11- 40SS Prothonotary If you have any questions concerning the above please contact: Paul F. D'Emilio. Esquire Attorney or Party Filing 905 W. Sproul Road. Suite 105 Address Springfield PA 19064 City, State, Zip 610) 338-0338 Telephone Number r, y?- ? 1? i Bancard Systems In the Court of Common Pleas of Cumberland Plaintitt Keystone Enterprises, LLC County, Pennsylvania No. 11 -4255 Defendant Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United I and the Constitution_!?f this Commonwealth a at we will discharge the duties of ?ce with fidel ignature Signature ignature Kevin E. Osborne Jeanne 'B. Costopoulos Peter R. Wilson Name (Chairman) Name Name Marshall Dennehey Latsha Davis & McKen a, P.C. Law Firm Law Firm Law Firm 4200 Crums Mill Rd 130 Gettysburg Pike 1700 Bent Creek B lvd Address Address Address Harrisburg 17011 Mechanicsburg 17055 Mechanicsburg 1 050 City, Zip City, Zip City, Z ?p Award the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the follo We wing , award (Note: If damages for delay are awarded, they shall be separately stated.) u .Arbitrator, dissents. (Insert name if app licable.) -Z Date of Hearing: i. . i Date of Award: i -? (C rman) a Notice of Entry of Award Now, the 1 day of , 20att. M., the a owe award was entered upon the docket and notice thereof given by mail to the pasties or their attorneys. Arbitrators' compensation to be paid upon appeal: TRUE COPY FR B Prothdq%c' ony whereof, 1 here unto set my hand Deputy and the se f of said rt at Aisle, Pa.. ^? thIS the se of . 20 _ Prothon y?