The URL can be used to link to this page

Home My WebLink About11-4919COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C-) c N a WORKFLOWONE, LLC, .OX = -+ Plaintiff rqw =M % No. V M `-,6 . -? DIGITAL-INK, INC., :;rc 7z n Defendant 11010129 , NOTICE TO DEFEND 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 PLAINTIFFS. 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. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800)990-9108 Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 S Attorney for Plaintiff 21 S. 9t Street-Suite 200 p? 9a Allentown, PA 18102 Cr Date: ?- - C 610-439-1500 ?3?? ZY1 A16use COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORKFLOWONE, LLC, Plaintiff V. DIGITAL-INK, INC., Defendant No. ]1010129 COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $102,026.92, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, WorkflowOne, LLC (Hereinafter "Plaintiff'), is a limited liability company with its corporate offices located at 220 E. Monument, Dayton, OH 45401-1397. 2. Defendant, Digital-Ink, Inc. (Hereinafter "Defendant"), is a Pennsylvania business corporation with its usual place of business and registered office at 1000 N. Front Street, Suite 280, Wormleysburg, PA 17043. COUNTI BREACH OF CONTRACT 3. On or about October 18, 2010, and at various times thereafter, Defendant ordered goods from the Plaintiff. 4. Thereafter, Plaintiff provided to Defendant goods in the amount and for the prices set forth in invoices referred to in a statement of Defendant's account taken from Plaintiffs books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "A." 5. The prices charged for the aforesaid goods are just and reasonable and are those which Defendant promised to pay Plaintiff. 6. Defendant requested from Plaintiff goods described in the invoices. 7. Defendant received said goods. 8. Defendant accepted said goods. 9. Defendant did not reject said goods. 10. Defendant has not paid Plaintiff in full for said goods. 11. Currently, the total amount due and owing is, after allowance for all proper credits for payments is $102,026.92. 12. A total principal amount which remains due as a result thereof, after allowance for all proper credits for payments is $102,026.92. 11 Plaintiff is also entitled to receive interest on the above amount determined by applying the statutory interest rate of 6% per annum to the past due balance, which totals $17.00 per diem. 14. Plaintiff is entitled to have 6% per annum interest charge continue to accrue as set forth above, from the date of the filing of this Complaint until the date of judgment in this matter. 15. Plaintiff has made demand against Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $102,026.92 due on the account; b) Interest at the per diem rate of $17.00 from the date of filing this Complaint until the date of Judgment; C) Costs of suit; and d) Any other relief as the Court deems just and appropriate. COUNT II Alternative to Count I - Uniust Enrichment 16. Plaintiff incorporates the allegations of every paragraph enumerated above this Complaint as if said paragraphs were fully set forth here at length. 17. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the goods described in the exhibits attached hereto. 18. Defendant received and accepted the benefit of said goods provided by Plaintiff. 19. At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods to Defendant and that Plaintiff expected to be paid for such. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said goods and to incur damages. 21. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods without paying Plaintiff fair and reasonable compensation. 22. Allowing Defendant to retain the benefit of said goods without paying fair compensation would be unjust. 23. By reason of the aforesaid unjust enrichment of Defendant at Plaintiffs expense, an implied contract exists between Plaintiff and Defendant and Defendant is obligated to pay Plaintiff the quantum meruit value of the goods described in the exhibits attached hereto in the amount of $102,026.92. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $102,026.92 due on the account; b) Costs of suit; and c) Any other relief as the Court deems just and appropriate. Respectfully Submitted, Date: KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9' Street-Suite 200 Allentown, PA 18102 610-439-1500 )Workflow WorkflowOne LLC 220 E. Monument Dayton, OH 45401-1397 Statement Date: 3/31/2011 account number 7038859 DIGITAL-INK PO BOX 426 DILLSBURG, PA 17019-0426 10/18/10 10/18/10 lb/18/10 10/18/10 10/18/10 10/18/10 10/18/10 10/18/10 10/21/10 10/21/10 10/21/10 10/21/10 10/22/10 10/22/10 10/25/10 10/25/10 11/17/1 0 11/17/10 11/17/10 11/17/10 11/17/10 11/17/10 11/17/10 11/17/10 UG859901'' UG860001*` UG860401 UG860501°` UG860601- UG860701- UG860801" UG860901'' UG872101'' UG872201," UG872301f UG872401' UG872601' UG872501` UG872701- UG87280V UG915201- UG915301' UG915401' UG915501- UG915601' UG915701? UG915801, UG915901 $7,367.95 $786.54 $8,351.44 $816.84 $8,529.45 $824.41 $7,796.88 $899.64 $9,756.39 $1,274.49 $766.99 $1,098.38 $8,379.21 $6,974.61 $971.66 $7,504.30 $699.43 $8,533.24 $824.41 $6,225.56 $657.27 $6,702.42 $682.59 Exhibit .95 .43 f $86,934.67 ? $87,759.08 VERIFICATION I, Demetrios H. Tsarouhis, attorney for Plaintiff, verify that the statements contained in the aforementioned Complaint are true and correct based on my communications with my client. I make this verification because my client is unavailable to sign this document at this time. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Sec. 4904 relating to unsworn falsification to authorities. 4"4,4 f, Demetrios H. Tsarouhis, Esquire Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Thi Shariff ` Jody S Smith Chief Deputy Richard W Stewart Solicitor L U.13-!1, 22 P t I 1 SJ j ?.. i 3 ? ?' PENNSYLVf NIA WorkFlowOne, LLC Case Number vs. Digital-Ink, Inc. 2011-4919 SHERIFF'S RETURN OF SERVICE 06/21/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Digital-Ink, Inc., but was unable to locate them in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Digital-Ink, Inc. Request for service at 1000 N. Front Street, Suite 280, Wormleysburg, Pennsylvania 17043 is currently vacant. The Wormleysburg Postmaster has advised, Digital-Ink, Inc.'s new address is P.O. BOX 426, Dillsburg, Pennsylvania 17019. SHERIFF COST: $49.00 SO ANSWERS, June 21, 2011 RON R ANDERSON, SHERIFF rG; CruntySIM0, Sheriff. 7eleo5oft. Inc. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORKFLOWONE, LLC, Plaintiff V. No. 2011-04919 C= C= DIGITAL-INK, INC., -03 -- Defendant 11010129 ZM C_ FnF: - ca 0 rn ;O O c5 . E57 --; c PRAECIPE TO REINSTATE o =a TO THE PROTHONOTARY: ?. ? w Kindly reinstate the above captioned Complaint Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9t Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: I do hereby certify that the within is a true and correct copy of the original filed in this action. - Attorney for ?- .,r 0) so"m -pd ao? L* _WS ?Wovetl ?? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW WORKFLOWONE, LLC, Plaintiff V. No. 2011-04919 DIGITAL-INK, INC., Defendant 11010129 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Reinstate has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: Digital- Ink, Inc. 2201 Woodview Drive Harrisburg, PA 17112 Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 Attorney for Plaintiff 21 S. 9t Street-Suite 200 Allentown, PA 18102 / 610-439-1500 Date: ? ' ' / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WORKFLOWONF,, LLC, Plaintiff V. DIGITAL-INK, INC., Defendant NOTICE TO PLEAD TO: Workflowone, LLC c/o Demetrios H. Tsarouhis 21 S. 9" Street, Suite 200 Allentown, PA 18102 No. 11-4919 Civil Term CIVIL ACTION - AT LAW M° - - crs r N -U i o xc _ YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM THE DATE OF SERVICE HF_,REOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. 7CUNNIN HAM & CH NICOFF, P.C. Robert E. nico Ks quire PA Supreme Cotj D# 23380 Nicholas A. Fanelli, Esquire PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second. Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Date: July 002011 Robert E. Chernicoff, Esquire PA Supreme Court ID #23380 Nicholas A. Fanelli, Esquire PA Supreme Court ID# 308136 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street Ilarrisburg, PA 17110 Telephone: (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WORKFLOWONE, LLC, Plaintiff No. 11-4919 Civil Term V. CIVIL ACTION - AT LAW DIGITAL-INK, INC., Defendant ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT NOW COMES the Defendant, Digital-Ink, Inc., by and through its attorneys, Cunningham & Chernicoff, P.C., and states as its Answer with New Matter to Plaintiff's Complaint as follows: 1. Admitted, upon information and belief. 2. Admitted. COUNT I - BREACH OF CONTRACT 3. Admitted. 4. Admitted. 5. Denied as stated. Defendant admits that the prices reflected on Exhibit "A" to Plaintiff's Complaint are those which Defendant agreed to pay, but lacks sufficient knowledge or 2 information to form a belief as to the truth of the averment that the prices charged for the goods are just and reasonable. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. Defendant believes, and therefore avers, that all payments made to date may not have been properly credited and a strict accounting thereof is hereby demanded, if relevant, at the time of trial. 11. Denied as stated. As stated above, Defendant believes and therefore avers that all payments made to date may riot have been properly credited, and that, therefore, the sum of $102,026.92 is not due and owing. 12. Denied. Defendant hereby incorporates paragraph 11 above. 13. Denied. Statutory interest accrues only after a judgment has been obtained and there is no agreement of the parties for interest to accrue on any sums hereunder. 14. Denied. Statutory interest accrues only after a judgment has been obtained and there is no agreement of the parties for interest to accrue on any sums hereunder. 15. Denied as stated. It is admitted that Plaintiff has made demand for the sum of $102,026.92, but denied that Plaintiff has failed or refused to pay any part thereof. WHEREFORE, Defendant, Digitital-Ink, Inc., respectfully requests that this Honorable Court dismiss Count I of Plaintiff's Complaint and grant to Defendant such other relief as may be 3 just and proper. Count II - UNJUST ENRICHMENT 16. Defendant hereby incorporates by reference all of the above paragraphs as if more fully set forth herein at length. 17. Admitted. 18. Admitted. 19. Admitted. 20. Denied as stated. Defendant did not permit Plaintiff to incur damages. 21. Denied as stated. As stated above, Defendant believes, and therefore avers, that all payments made on Defendant's account may not have been properly credited thereto. 22. ]'he averments of this paragraph constitute a conclusion of law to which no response is required. If, and to the extent a response is judicially deemed to be required, Defendant specifically denies the averments of this paragraph. 23. Denied as stated.. Defendant denies the existence of unjust enrichment at Plaintiff's expense. Defendant further denies that Defendant is obligated to pay Plaintiff the sum of $102,026.92. WHEIUFORE, Defendant, Digital-Ink, Inc., respectfully requests that this Honorable Court dismiss Count II of Plaintiff's Complaint with prejudice and grant Defendant such other relief as may be just and proper. 4 NEW MATTER 24. Paragraphs 146, inclusive, of Defendant's Answer are incorporated herein by reference. 25. Plaintiffs Complaint may be barred by the doctrine of accord and satisfaction. 26. Plaintiff's Complaint may be barred by the doctrine of release. 27. Plaintiffs Complaint may be barred by the doctrine of estoppel. 28. Plaintiff's Complaint may be barred by the doctrine of waiver. WHEREFORE, Defendant, Digital-Ink, Inc., respectfully requests that this Honorable Court dismiss Plaintiff s Complaint with prejudice and grant Defendant such other relief as may be just and proper. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. r? R ert E. Chernic , Esq re PA ID No: 23380 Nicholas A. Fanelli, EsquirV PA ID No: 308136 f 2320 North Second Street( Harrisburg, PA 17110 Date: July 2011 Telephone: (717) 238-6570 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA WORKFLOWONE, LLC, Plaintiff No. 11-4919 Civil Term V. CIVIL ACTION - AT LAW DIGITAL-INK, INC., Defendant CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT will be served by first class U.S. Mail and/or electronic means on the following: Workflowone, LLC c/o Demetrios H. Tsarouhis 21 S. 9' Street, Suite 200 Allentown, PA 18102 CUNNINGHAM & CHERNICOFF, P.C. Date: July 22, 2011 By: /5 ",_ Stacy A. S berger F:\Home\NFANELLI\Documents\Digital Ink, Inc\Workflowone, LLC\Answer.wpd 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA WORKFLOWONE, LLC, Plaintiff No. 11-4919 Civil Term V. CIVIL ACTION - AT LAW DIGITAL-:INK, INC., Defendant VERIFICATION I, Jack Nissley, authorized agent of Digital-Ink, Inc., the Defendant in the foregoing action do hereby affirm that the statements made in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unworn falsification to authorities. By: tack Nissle For: Digital-Ink, Inc. , Date: July o 2011 'IX SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t? FILED- P1 TO?F l rte l L' Jody S Smith Chief Deputy 2011 JUL 26 AM 8: !.? 7 Richard W Stewart Solicitor = < < C.,UMBERLANO COUNT 'Y PENNSYLVANIA WorkFlowOne, LLC vs. Case Number Digital-Ink, Inc. 2011-4919 SHERIFF'S RETURN OF SERVICE 07/01/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Digital-Ink, Inc., but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 07/11/2011 09:21 AM - Dauphin County Return: And now July 11, 2011 at 0921 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Digital-Ink, Inc. by making known unto Kerry Willard, Production Manager for Digital-Ink, Inc. at 2201 Woodview Drive, Harrisburg, Pennsylvania 17112 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 July 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF .r . 11010129 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW WORKFLOWONE, LLC, Plaintiff V. No. 2011-04919 . _ --{ M CO cn DIGITAL-INK, INC.,' -a -am Defendant ° MC) 2-1 -: REPLY TO NEW MATTER 5 " ' ..? Q -. 24. Denied. By way of further response, Defendant sets forth a conclusion of l aw to which no response is required. 25. Denied. By way of further response, Defendant sets forth a conclusion of law to which no response is required. 26. Denied. By way of further response, Defendant sets forth a conclusion of law to which no response is required. 27. Denied. By way of further response, Defendant sets forth a conclusion of law to which no response is required. 28. Denied. By way of further response, Defendant sets forth a conclusion of law to which no response is required. WHEREFORE, Plaintiff requests judgment in its favor and against Defendant as follows: a) Judgment in the amount of $102,026.92 due on the account; b) Costs of suit; and c) Any other relief as the Court deems just and appropriate. T 11010129 Respectfully Submitted, KEIFER & TSAROUHIS, LLP DEMETRIOS H. TSAROUHIS I.D. #88513 21 S. 9th Street-Suite 200 Allentown, PA 18102 610-439-1500 Date: 11010129 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW WORKFLOWONE, LLC, Plaintiff V. No. 2011-04919 DIGITAL-INK, INC., Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Reply to New Matter has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: Robert E. Chernicoff Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Respectfully Submitted, KEIFER & TSAROUHIS, LLP ??9' k ?f L C lel" DEMETRIOS H. TSAROUHIS I.D. #88513 21 S. 9th Street-Suite 200 Allentown, PA 18102 2- 610-439-1500 Date: c> COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Q WorkflowOne, :r:0 C O Plaintiff ?- 4 V. <o =C:) No. 2011-4919 D _.. DIGITAL INK, INC., ---i c3 Defendant PRAECIPE AND POWER OF ATTORNEY FOR SATISFACTION AND/OR TERMINATION TO THE PROTHONOTARY/CLERK OF SAID COURT: You are hereby authorized, empowered, and directed to enter, as indicated, the following on the records thereof: A. 1. ? The within suit is Settled, Discontinued, Ended and costs paid. 2. ® The within suit is Settled, Discontinued, Ended WITH Prejudice and costs paid. 3. ? The within suit is Settled, Discontinued, Ended WITHOUT Prejudice and costs paid. B. 1. ? Satisfaction of the Award in the within suit is acknowledged. 2. ? Satisfaction of Judgment, with interest and costs, in the within matter is acknowledged. C. ? Other: Respectfully Submitted, KEIFER & TSAROUHIS, LLP By: Demetrios H. Tsarouhis 21 S. 9th St. Allentown, PA 18102 Phone: (610) 439-1500 r ' 11010129 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WORKFLOWONE, LLC, Plaintiff V. : No. 2011-04919 DIGITAL-INK, INC., Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the Praecipe and Power of Attorney for Satisfaction and/or Termination has been served by United States first-class mail, postage prepaid, upon the individual(s) at the address indicated below: Robert E. Chernicoff Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Date: ? ? <0I Z Respectfully Submitted, KEIFER & TSAROUHIS, LLP A i L. . ",4 ( DEMETRIOS H. TSAROUHIS I.D. #88513 21 S. 9t' Street-Suite 200 Allentown, PA 18102 610-439-1.500