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HomeMy WebLinkAbout11-8619MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 KEYSTONE PETROLEUM ) IN THE COURT OF COMMON PLEAS EQUIPMENT, LTD., ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA vs. ) NO. 2011 - CIVIL TYREE, ) CIVIL ACTION - LAW Defendant ) 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OF?4CF,,§E FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 3 ° --+ v z C) .. -n m cn? ' - :MC) C) Cumberland County Bar Association .tom u'x 32 South Bedford Street <? a Carlisle, Pennsylvania 17013 c') z Me Telephone: (717) 249-3166 y - fgz.o0 /d.tily Co 10017 A /alt .2.673/ MICHAEL L. BANGS, ESQUIRE I.D. No. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 KEYSTONE PETROLEUM ) EQUIPMENT, LTD., ) Plaintiff ) vs. ) TYREE, ) Defendant ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - CIVIL CIVIL ACTION - LAW COMPLAINT AND NOW comes the Plaintiff, KEYSTONE PETROLEUM EQUIPMENT, LTD., by and through its attorney, Michael L. Bangs, Esquire, and files the following Complaint: 1. Plaintiff, KEYSTONE PETROLEUM EQUIPMENT, LTD., is a Pennsylvania corporation with its principal place of business at 981 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant, TYREE, is Delaware corporation that conducts business at 26 Town Forest Road, Webster, Massachusetts, 01570. 3. Plaintiff is in the business of, among other things, the sale of parts and equipment used at various gas stations for various purposes in order to allow the stations to dispense gasoline and other petroleum products. 4. Defendant requested that Plaintiff open a credit account with Defendant so that Defendant could purchase certain equipment and parts from Plaintiff pursuant to the terms of the credit account which required all invoices to be paid net within sixty (60) days. 1 5. For any account that was over sixty (60) days, Defendant agreed to pay a finance charge at one (1%) percent per month along with payment of any and all costs of collection, including reasonable attorney's fees if incurred for collection of outstanding balance due. 6. Attached hereto and marked as Exhibit A is a true and correct copy of the initial credit agreement. COUNTI BREACH OF CONTRACT 7. The averments of paragraphs 1 through 6 are incorporated herein by reference. 8. Plaintiff, at the insistence and request of the agents, servants, employees of Defendant, acting within the scope of their employment, sold and delivered to Defendant at locations requested by Defendant certain parts and materials at the times, in the amounts, and for the prices set forth on the invoices attached hereto as Exhibit B 1-B 15. 9. Defendant accepted and received all of the parts and materials ordered from Plaintiff and referenced on Exhibit B 1-B 15. 10. Defendant has failed or refused to pay Plaintiff for the parts and materials received by Defendant and identified by the invoices which are attached on Exhibit B 1-B 15. 11. Defendant has breached the agreement with Plaintiff by its failure to pay for the parts and material received pursuant to the terms and conditions of the credit account. 12. Plaintiff has been damaged in the amount of $12,262.58 as a result of the Defendant's failure to pay all outstanding invoices and in accordance with the agreement between Plaintiff and Defendant. 2 13. Plaintiff is entitled to receive interest at the rate of one (1%) percent per month for all invoices due as a result of Defendant's failure to pay for the parts and materials received in accordance with the credit account established with Plaintiff, said amount accumulated to October 31, 2011 in the additional amount of $613.12, with additional accumulation of one (I%) percent per month until paid in full. 14. Plaintiff has retained Michael L. Bangs, Esquire, at the rate of $225.00 per hour to collect the outstanding balances owed and the Defendant is obligated to pay any and all amounts incurred by Plaintiff for the collection of the outstanding balance due to be calculated up to the time of any judgment that is entered in this case. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,262.58 plus $613.12 in interest to October 31, 2011; additional interest calculated at the rate of $122.62 per month until the time of judgment, plus reasonable attorney's fees calculated at the rate of $225.00 per hour up to the time of judgment in this case, plus costs of suit. COUNT II UNJUST ENRICHMENT 15. The averments of Paragraphs 1 through 14 are incorporated herein by reference. 16. The prices charged for the parts and materials are just and reasonable and are the prices which the agents, servants and employees of Defendant, acting within the scope of their employment, orally promised to pay for those parts and materials. 17. Defendant has failed or refused to pay for the parts and materials received by Defendant despite repeated demands by Plaintiff. 3 18. Defendant has been unjustly enriched at Plaintiff's expense by its failure to pay for the parts and materials it received in the amount of $12,262.58 plus interest at the rate of one (1%) percent per month calculated to an additional $613.12 as of October 31, 2011, with an additional $122.62 per month until judgment or time of the payment of the outstanding invoices, as a result of Defendant's acceptance of the parts and materials delivered by Plaintiff and used by Defendant. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $12,262.58 plus $613.12 in interest to October 31, 2011; additional interest calculated at the rate of $122.62 per month until the time of judgment, plus reasonable attorney's fees calculated at the rate of $225.00 per hour up to the time of judgment in this case, plus costs of suit. Respectfully submitted, 1 MICHAEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 VERIFICATION JOHN J. GABEL, being duly sworn according to law, deposes and says that he is the President of Keystone Petroleum Equipment, Ltd., a Pennsylvania corporation, and that as such officer, he is authorized to make this Verification on its behalf and that the facts set forth in the foregoing document are true and correct to the best of his knowledge, information and belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. KEYSTONE PETROLEUM EQUIPMENT, LTD. BY: O ABEL P sid nt EXHIBIT A TWOCL Keystone Petroleum Equipment, Ltd. 981 Trindle Road, Mechanicsburg, PA 17055 ; PHONE (717) 697-1651 FAX (717} 697-8591 www.kpeltd.com ?? WourIVIEWCM CREDIT APPLICATION COMPANY NAME: v MAlLINQADDRESS: 01'G -?RS _ STATE: 1 Vt A? ZIP: n r s`Za CITY: ,.USHIPPING ADDRESS: ` ` . _ STATE: _ ZIP: , CITY: TELEPHONE: 6yo? O 500 k FAX: $07 -a o -OHO ] ACCOUNTS PAYABLE CONTACT: S6- ?? ?'$?b r r EMAIL: PHONE: OFFICERS: (NAME/TITLE/PHONE NUMBER) ?p STATE OF INCORPORATION: Joe YEAR ESTABLISHED:, QCORPORATION [ ] PARTNERSHIP[ ] SOLE PROPRIETER [ )OTHER BANK NAME: CONTACT-r_ FAX: TELEPHONE: PLEASE LISTTHREE (3) BUSINESS REFERENCES (PHONE & FAX NUMBERS REQUIRED) References must be suppliers who will give credit references. TWO must be a minimum of three responses before Keystone Petroleum Equipment (KPE) will consider a credit application, Suppliers who direct draft a bank account for payment will not be considered for purposes of the t due days beco account the ished If been Once establishing Keg account hold, no furrtherserAce will be grant d until the accountlIs current and the ac ount wit be pl cedson COD basis movl giforward. on credit 1. PHONE FAX NAME CONTACT 2. NAME CONTACT PHONE FAX 3, PHONE FAX NAME CONTACT r? NO YES EXEMPT#^ ??DB ?AL'J - IS YOUR COMPANY TAX EXEMPT I [ 1 ea 6o It Is under*" end agread by Applicant that if credit Is extended, the terms of such credit account vAq ba Naki9*V$- Applies at agrees to pays f[naaca charge of 3 Safi pare nth whEch shalt be add411YI, nt not paid in full byths due data. In the event of any default, Applicant agrees to pay all costs of collection including rea son orasy's fe ereby certify that the Information provided above an ttachad hereto Is correct to the bast of my knowledge. SIGNATU TITPRINT NAE: (- DATE: Tyree Credit References 208 Route 109 Farmingdale, New York 11735 Phone: 631-249-3150 Fax: 631-249-0460 Federal ID* 26-1690758 Ownership: Tyree Holdings Corp. (100%) Date Incorporated: 117108 State Incorporated: DE Duns #80-982-7384 Bank Reference: HSBC 350 Fifth Avenue New York, New York 10017 Contact: Leonard Mortimore II 212-525-2438 Account # 012015571 Credit References Metro Environmental 4301 Boston Rd Bronx, NY 10466 Contact: Matt Dl Napoll Telephone: 718-652-0200 Fax: 718-652-0333 Tanknology 11000 N. MoPac Expressway Suite 500 Austin, TX 78759 ?I f Contact: Brian Derge Phone, 800-800-4633 Fax: 512-459-1459 ! Source North America Corp. °' ,?}S w 5163 Payshere Circle Chicago, IL 60674 41 Contact: Susan Parker Telephone: 800-765-2080 Ext. 1265 Fax: 847-364-1596 ! i corporate officers Stephen Tyree, CEO William M. Tyree, Vice President Richard Oswald, President and Treasurer Joe Ingrassla, Vice President Paul Pollock, Secretary EXHIBITS B1- B15 Page: I STATEMENT KEYSTONE PETROLEUM EQUIPMENT Statement Date: 10131/2011 981 West Tlindle Road Salesperson: TODD SMITH Mechanicsburg, PA 17055 (717) 697-1651 TYREE Customer Number. TYR001 26 TOWN FOREST ROAD WEBSTER, MA 01570 03/11/11 0114878-IN 1,133.22 1,133.22 03/23/11 0115449-IN 851.70 851.70 03/28/11 0115678-IN 268.89 268.89 03/31111 0115851-IN 1,133.69 1,133.69 03/31/11 0115853-1N 2,676.79 2,676.79 04/08/11 0116083-IN 396.45 396.45 04/08111 0116088-IN 1,016.63 1,016.63 04/12/11 0116147-IN 1,118.59 1,118.59 04/12/11 0116148-IN 991.58 991.58 04/12/11 0116183-IN 2,030.39 2,030.39 04/14/11 0116288-IN 429.22 429.22 05105111 0117110-IN 702.83 702.83 05/24/11 0117716-IN 157.60 157.60 05127/11 0117854-CM 645.00 645.00- 0.00 0.00 0.00 0.00 12,262.58 12,262.58 THANK YOU FOR YOUR PATRONAGE. WE TRULY APPRECIATE YOUR BUSINESS! PAYMENT IS EXPECTED WITHIN 30 DAYS OF INVOICE DATE. PLEASE REMIT ALL PAST DUE AMOUNTS TODAY. Al Invoice Page:I . KEYSTGRE Invoice Number. 0114878-IN PETROLEUM EQUIPMENT LTD Invoice Date: 3/1112011 Order Number: 0119847 Order Date 3/10/2011 Salesperson: HA 981 -rrlndEe Romcd West Order Taken By: Mechanicsburg, PA 17055 Customer Number: TYR001 Phone: 717.897.1051 Fax: 717.007.00O1 TYREE TYREE 26 TOWN FOREST ROAD 26 TOWN FOREST ROAD WEBSTER, MA 01570 WEBSTER, MA 01570 Confirm To: 561495 NET 30 DAYS 79 1,127.16 SWITCH ASSY, VISTA SELECT BAR Whse: 000 Net Invoice: 1,127.16 Less Discount: 0.00 Freight: 6.06 Sales Tex: 0.00 Invoice Total: 1,133.22 99 11VOICe Page: I KEVST©RE Invoice Number. 0115449-IN PETROLEUM EQUIPMENT LTD Invoice Date: 3123/2011 Order Number: 0119921 Order Date 3/2312011 Salesperson: HA 981 Trindla FtoMcl WoQt Order Taken By: Mechanicsburg, PA 17055 Customer Number: TYR001 F-N-! 717.697.1051 Pow 717.697.0601 TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 Confirm To: TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 562005 NET 30 DAYS 003-047561T EACH 3.00 3.00 0.00 281.79 845.37 SWITCH ASSY, VISTA SELECT BAR Whse: 000 Net Invoice: 845.37 Less Discount: 0.00 Freight: 6.33 Sales Tax: D.00 invoice Total: 851.70 Invoice Pap:I INEVSTOAE Invoice Number: 0115676-IN PETROLEUM EQUIPMENT LTD Invoice Date: 3/28/2011 -- Order Number: 0119952 Order Date 3/28/2011 - Salesperson: HA 9431 Tr7rnCj14q Roacl dV®st Order Taken By: Mechanicsburg, PA 17055 Customer Number: TYRO01 Phones: 717.607,1681 Fex: 717.607.a0g1 TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 Contirm To: 562130 UPS-G NET 30 DAYS VALVE, DIGITAL Whse: 000 Net Invoice: 261.86 Less Discount: 0.00 Freight: 7.03 Sales Tax: 0.00 Invoice Total: 268.89 14 Invoice Paged /KEYSTONE Invoice Number. 0115853-IN PETROLEUM EQUIPMENT LTD Invoice Date: 3/3112011 Order Number: 011995 Order Date 3/28/2011 Salesperson: HA 9s r Trindle r;Posecd Vv-pst Order Taken By: Mechanicsburg, PA 17055_ Customer Number: TYRO01 Phone: 717.007.7661 Fax: 717.407.0001 TYREE TYREE 26 TOWN FOREST ROAD 26 TOWN FOREST ROAD WEBSTER, MA 01570 WEBSTER, MA 01570 Confirm To: 562115 UPS-G NET 30 DAYS DISPLAY, GRAPHIC W/TEMP SENSOR Serial Number. 0383E1-BO Serial Number: KIR-00.14503 Serial Number: KIR-00.14504 883543-R01 EACH PRINTER, TEAR BAR VISTA Serial Number: 800278921 Serial Number: 800306686 003.0475617 EACH SWITCH ASSY, VISTA SELECT BAR Whse: 000 1.00 1.00 1.00 2.00 2.00 Whse: 000 1.00 1.00 1.00 1.00 Whse: 000 0.00 0.00 705.85 281.79 Net Invoice: Less Discount: Freight: Sales Tax: Invoice Total: 971. 1,411.70 281.79 2,664.74 0.00 12.05 0.00 2,676.79 RS Invoice Page:I Invoice Number. 0115851-IN Invoke Date: 3/31/2011 Order Number. 0119955 Order Date 3/28/2011 Salesperson: HA Order Taken By: Customer Number. TYR001 F-haiio: 717.097.1061 Fox: 717.007.0691 TYREE TYREE 26 TOWN FOREST ROAD 26 TOWN FOREST ROAD WEBSTER, MA 01570 WEBSTER, MA 01570 Confirm To: 562127 UPS•G NET 30 DAYS SWITCH ASSY, PUSH TO START Whse: 000 Net Invoice: 1,127.16 Less Discount: 0.00 Freight: 6.53 Sales Tax: 0.00 Invoice Total: 1,133.69 B6 Invoice Page- I KEYS?T©RE Invoice Number: 0116088-IN PETROLEUM EQUIPMENT LTD Invoice Date: 41812011 Order Number: 0120026 Order Date 4/812011 Salesperson: HA 9431 -rrfnalo Ro'a cY West Order Token By: Mechanicsburg, PA 17055 Customer Number. TYRO01 Phortr: 717.007.1661 FOX: 717.607.0601 TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 Confirm To: 562314 UPS•G KEN STALLONE 3209 WELLS AVENUE ATTN: TYREE WANTAGH, NY 11793 NET 30 DAYS 883970-R01 EACH 2.00 2.00 0.00 261.25 522.50 LOGIC BD, CAT UNIV EXCEPT EXXO Whse: 000 887182-001 EACH 2.00 SOFTWARE, CAT REV. 66 Whse: 000 2.00 0.00 203.75 407.50 Net Invoice: 930.00 Less Discount: 0.00 Freight: 5.91 Sales Tax 80.72 Invoice Total: 1,016.63 B? Invoice Page:I IKEYSTOI?E Invoice Number: 0116083-IN PETROLEUM EOUiPMENT LTD Invoice Date: 4/812011 Order Number. 0120022 Order Date 4/8/2011 Salesperson: HA 981 "Tr1r'%c11d& Rosa wa$t Order Taken By: Mechanicsburg, PA 17055 Customer Number: TYRO01 Piiono: 797.607.'1 06t Pax: T17.oo7.060Y I TYREE GETTY /158218 26 TOWN FOREST ROAD 1229 WESTERN AVENUE WEBSTER, MA 01570 ALBANY, NY 12203 Confirm To: 002778 UPS-G NET 30 DAYS i 13836.25 EACH ? 1.00 1.00 0.00 22.89 22.89 CABLE, 25' - RS232 SHIELDED Whse: 000 13581-01 EACH 1.00 1.00 0.00 16.39 16.39 ADAPTER, MALE 25 PIN NULL MODE Whse: 000 13836-100 EACH 1.00 1.00 0.00 90.35 90.35 CABLE, 100' RS232 SHIELDED Whse: 000 13871-01 EACH 1.00 1.00 0.00 49.09 49.09 CABLE, DCR DIST. TOKHEIM Whse: 000 13976-01 EACH 1.00 1.00 0.00 156.39 156.39 B&B CONVERTER (DCR) WAY,GIL & Whse: 000 13542-01 EACH 1.00 1.00 0.00 25.45 25.45 ADAPTER, MALE DB-25 Whse: 000 Net Invoice: 360.56 Less Discount: 0100 Freight: 6.53 Sales Tax: 29.36 Invoice Total: 396.45 M Invoice Page:I K?TSTORE Invoice Number: 0116183-IN PETROLEUM E©UIPMENTLTO Invoice Date: 4/12/2011 Order Number: 0120040 - Order Date 411212011 Salesperson: TS s8-r TrrncJle Road W®st Order Taken By: Mechanicsburg, PA 97055 Customer Number. TYR001 Phone: 717.607.1061 F aO 717.697.0691 TYREE TYREE 26 TOWN FOREST ROAD 208 ROUTE 109 WEBSTER, MA 01570 ATTN: SHAWN HEALEY P.O.562368 FARMINGDALE, NY 11735 Conflrm To: 562368 UPS-R NET 30 DAYS PINPAD, MX830, NO TOUCH, ETH Whse: 000 Serial Number: 156-264-300 1.00 Sedai Number: 156-264-689 1.00 Serial Number. 156-293-022 1.00 Serial Number. 156-293.024 1.00 KEYPCS-BUY-19 INJECTION BYPASSIGULF 3DES Net Invoice: 1,831.00 Less Discount: 0.00 Freight: 38.17 Sales Tax: 161.22 Invoice Total: 2,030.39 R9 I Invoice Page:I Invoice Number: 0116148-IN Invoice Date: 4112/2011 Order Number: 0120016 Order Date 4/12011 Salesperson: HA salt -rrtrldte Road Went Order Taken By: Mechanicsburg, PA 17455 Customer Number: TYR001 Phone: 717.607.1051 ran: 717.007.0001 TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 Confirm To: 562300 GULF STATION 1419 BRUCKNER BLVD. ATTN: TYREE, PO 1!562300 BRONX, NY 10472 NET 30 DAYS DROP Il ?I• PA0380001GUL4 EACH 1.00 1.00 0.00 874.80 874.80 PIN PAD INGENICO 16650 GULF Whse: 000 Serial Number: KIR-00-14539 1.00 Net Invoice: 874.80 Less Discount: 0.00 Freight: 78.64 Sales Tax: 38.14 Involce Total: 991.58 Bl0 F Invoice Page: I KETSTORE Invoice Number: 0116147-IN PETROLEUM EQUIPMENT LTD Invoice Date: 4/12/2011 Order Number: 0120027 Order Date 418/2011 Salesperson: HA 981 Trincila Road VvOSt Order Taken By: Mechanicsburg, PA 17055 Customer Number: TYR001 F-"one: 717.007.100-1 P.- 717.607.0601 TYREE ARTUROJOHNSON 26 TOWN FOREST ROAD 22 SYCAMORE DRIVE WEBSTER, MA 01570 ATTN: TYREE PO #562316 RUTLAND. MA 01543 Confirm To: 562316 UPS-R EARLY AM NET 30 DAYS PIN PAD INGENICO 6550 GULF Whse: 000 Serial Number: 666550102108120 1.00 Net Invoice: 1,010.59 Less Discount: 0.00 Freight: 108.00 Sales Tex: 0.00 Invoice Total: 1,118.59 &I Invoice Page: I NEEMN MEVSTGRE Invoice Number: 01162884N PETROLEUM EQUIPMENT LTD Invoice Date: 4114/2011 - - - Order Number: 011995 Order Date 3/2812011 Salesperson: HA A89 Trindla F2or.+a w4ost order Taken By: Mechanicsburg, PA 17065 Customer Number. TYRO01 Phono: 717.007.1661 Pox: 717.097.0su1 TYREE 26 TOWN FOREST ROAD TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 WEBSTER, MA 01570 Confirm To: 562131 UPS-G NET 30 DAYS FILTER BASE 8: SOLENOID KIT N208222 EACH VALVE, SOLENOID, 2-STAGE R14670 EACH SLOW DOWN VALVE TUBE ASSY Whse: 000 1.00 1.00 Whse: 000 1.00 1.00 Whse: 000 0.00 130.05 130.05 245.84 245.84 0.00 Net Invoice: 422.69 Less Discount: 0.00 Freight: 6.53 Sales Tax: 0.00 Invoice Total: 429.22 8?2. - Invoice Page: I ?VST0 Invoice Number. 0117110-IN PETROLEUM EQUIPMENT LTD Invoice Date: 5!5!2011 -- Order Number 0120121 Order Date 4127/2011 Salesperson: TS gbh Trincrl4a F2oacJ Waft Order Taken By: Mechanicsburg, PA 17055 Customer Number: TYR001 Pliono: 717.BB7.Y061 Rix: 7Y 7.a9Y.066Y TYREE DARYLFLANAGAN 26 TOWN FOREST ROAD 99 NORTH WHITE ROCK RD. MA 01570 WEBSTER ATTN: TYREE. P.O.562591 , HOLMES, NY 12531 Confirm To: 562591 UPS-G NET 30 DAYS PINPAD, MX860 Whse: 000 Serial Number: 156-358-671 888-ASM-70006 EACH 1.00 ANNUAL SOFTWARE MAINT, 1STYR, Whse: 000 999-DEP-00108 EACH 1.00 DEPLOYMENVINJECTION MX XXX Whse: 000 1.00 1.00 0.00 14.50 14.50 1.00 0.00 26.10 26.10 Serial Number: 156.358-671 1.00 Net Invoice: 653.50 Less Discount: 0.00 Freight: 8.49 Sales Tax: 40.84 Invoice Total: 702.83 33 Invoice Page;1 IKEYS'iTORE Involee Number: 0117716-IN PETROLEUM EQUIPMENT LTD Invoice Date: 5/24/2011 --- _ Order Number. 0120273 Order Date 5/24/2011 Salesperson: TS 981 Trindl6 Road w4010t Order Taken By. Mechanicsburg, PA 17055 Customer Number: TYR001 f'hon?: 717.607.1661 Fax: 717.607.0601 TYREE 26 TOWN FOREST ROAD WEBSTER, MA 01570 Confirm To: MATT MOIN 19 BETHANY DRIVE ATTN: P.0.#: 562782 RUTLAND, MA 01543 562782 UPS-R NET 30 DAYS VALVE, SOLENOID, 2-STAGE All returns are subject to a restocking fee. Whse. 000 Net Invoice: 130.05 Less Discount: 0.00 Freight: 19.42 Sales Tax: 8.13 Invoice Total: 157.60 $1y - Credit Memo Paged KETSTORE Invoice Number: 0117854-CM PETROLEUM EQUIPMENT LTD Invoice Date: 512712011 Order Number: Order Date - Salesperson: HA 98-1 Trincll® Mc ad vV®st Order Taken By: Mechanicsburg, PA 17066 Customer Number: TYR001 Praono: ?ii.eo?.yea? rwx: r?7.esir.aao? TYREE TYREE 26 TOWN FOREST ROAD 26 TOWN FOREST ROAD WEBSTER, MA 01570 WEBSTER, MA 01570 Confirm To: 0002064 NET 30 DAYS KEYBOARD, G-SITE REBUILT Whse: RGA 294.00- Serial Number: KIR-00-14659 PA0327000OR EACH DISPLAY, CUSTOMER G-SITE Serial Number: KIR-00-14660 1.00- 1.00- 1.00- Whse: RGA 0.00 1.00- 351.00 351.00- Net Involoe: 645.00- Less Discount: 0.00 Freight: 0.00 Sales Tax: 0.00 Invoice Total: 645.00- 1315 MICHAEL L. BANGS, ESQUIRE I.D. NO. 41263 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF KEYSTONE PETROLEUM ) IN THE COURT OF COMMON PLEAS EQUIPMENT, LTD. ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 2011 8619 CIVIL TYREE, ) c ` F Defendants ) CIVIL ACTION - LAW -o= =rn rri- TO: TYREE cars t" _ 208 Route 109 ?-- ? ? E Farmingdale, NY 11735 yC o- DATE OF NOTICE: January 12, 2012 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 rt t, ; r I'LWI I CHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQ'1<T1C1 rLl?g01Ai1 ATTORNEY FOR PLAINTIFF Bangs Law Office, LLC 7 I.D. No. 41263 11,, 2 429 South 18th Street -?4',IBERI_AND 0UiT'Camp Hill, PA 17011 ?'PitiS`!lelA,MI{ (717) 730-7310 KEYSTONE PETROLEUM ) IN THE COURT OF COMMON PLEAS EQUIPMENT, LTD., ) OF CUMBERLAND COUNTY, Plaintiff ) PENNSYLVANIA VS. ) NO. 2011 8619 CIVIL TYREE, ) CIVIL ACTION - LAW Defendant ) AFFIDAVIT OF SERVICE BY CERTIFIED MAIL MICHAEL L. BANGS, being duly sworn according to law, deposes and says as follows: 1. That he is the attorney for Plaintiff herein. 2. That on December 16, 2011, a true and correct copy of the Complaint filed in the above-captioned matter were delivered to the United States Postal Service in Camp Hill, Pennsylvania, as certified mail (Receipt No. 7006 0100 0000 3494 9094) return receipt requested, addressed to the Owner herein. 3. That a return receipt card was received from the U.S. Postal Service signed by the Owner herein showing a date of service of December 19, 2011. Said card is attached hereto as Exhibit A. MICHAEL L. BANGS SWORN TO AND SUBSCRIBED BEFORE HI. DAY OF 2012. CO WOMAN 2f SYLVAN A NOTARIAL SEAL Wendy K. Straub, Notary Public A4kI Lower Allen Township, Cumberland County My Commission Expires May 10, 2015 EXHIBIT A ¦ Complete Items 1, 2, and 3. AW complete Item 4 N Restricted Dellmy Is desired. ¦ PCInt your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front If space permits. 1. Article Addressed to: l? zv8 ??? l09 AJ?N nature X ? Agent ? Addrsa B. Received by (Primled Mama) C. Date of Delivery D. is delivery address different tom Item 1? Q Yes If YES, eater delivery address below: ? No 3. Service Type 3 Ragan ed Mali Expos Mail o ? Ream Receipt for Merc;Funclr ? boxed mom ? c o.D. 4. Restricted Delivery? P ft Fee) ? Yes 2. Arfte Number 7006 0140 0000 3494 9094 Mwxmbr ftm servke l PS l=oan 3811, February 2004 Domestic Return Receipt t 02595-o2-Wf s4o MICHAEL L. BANGS, ESQUIRE Bangs Law Office, LLC I.D. No. 41263 429 South 18'' Street Camp Hill, PA 17011 (717) 730-7310 0 TA Fri 1:21 KEYSTONE PETROLEUM PE- EQUIPMENT, LTD., ) Plaintiff ) vs. ) ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 8619 CIVIL TYREE, ) CIVIL ACTION - LAW ?. Defendant t°r e PRAECIPE;, TO THE PROTHONOTARY: -' :=2 Please enter judgment in favor of the Plaintiff and against Defendant Tyree r' i e amout!P' ' of $12,262.58 plus $613.12 in interest to October 31, 2011; additional interest calculated atdhe -_` rate of $122.62 per month until the time of judgment; plus reasonable attorney's fees plus costs of suit, for its failure to file a responsive pleading in the above-referenced matter. I hereby certify that the attached Notice in accordance with Rule 237.1(a)(2) was mailed by regular mail on or about January 12, 2012, to Defendant Tyree at 3000 Midlantic Drive, Suite 105, Mount Laurel, NJ 08054 and 208 Route 109, Farmingdale, NY 11735. Respectfully submitted, MICHAEL L. BANGS Attorney for Plaintiff Date:_ a,?,? $lto.so j? a Cl? # 1 U? y 6 ?o-?? ? lay Ie?l 429 SOUTH 18TH STREET CAMP HILL, PA 17011 (717).730-7310 KEYSTONE PETROLEUM ) IN THE COURT OF COMMON PLEAS EQUIPMENT. LTD. ) OF CUMBERLAND COUNTY. PENNSYLVANIA vs. ) NO. 2011 8619 CIVIL TYREE, ) Defendants ) CIVIL ACTION - LAW TO: TYREE 208 Route 109 Farmingdale, NY 11735 DATE OF NOTICE: January 12, 2012 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS Attorney for Plaintiff MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D. NO. 41.263 MIC HAI L L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF I.D 'vC. - :263 42q'COL' 14 18r" STREET CA\IP H ?,L, PA 17011 1! 1 ? 730- 310 KES'STO''\1 PETROLEUM ) IN THE COURT OF COMMON PLEAS EQL IPMI-'NT, LTD. ) OF CUMBERLAND COUNTY. PENNSYLVANIA vs, ) NO. 2011 8619 CIVIL TYREE, ) Defendants ) CIVIL ACTION - LAW TO: TYREE 3000 Midlantic Drive, Suite 105 Mount Laurel, NJ 08054 DATE OF NOTICE: January 12, 2012 IMPORTANT NOTICE Required by Rule 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A 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 FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 MICHAEL L. BANGS Attorney for Plaintiff ?J 'J l.` lP,.f1 I MICHAEL L. BANGS, ESQUIRE Bangs Law Office, LLC I.D. No. 41263 429 South 18'h Street Camp Hill, PA 17011 (717) 730-7310 23?2 AR 26 A'rI II: 19 ATTORNEY FOR PLAINTIFF r,'UMBEEr.A Q COUNT` 'PENNSYLVANIA KEYSTONE PETROLEUM EQUIPMENT, LTD., Plaintiff vs. TYREE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 8619 CIVIL ma=y ;Z CIVIL ACTION - LAW cn' ADDRESS CERTIFICATION :Z 3> C .. I hereby certify that the addresses of the Plaintiff and Defendants are as follows: - Plaintiff: Keystone Petroleum Equipment, Ltd. 981 W. Trindle Road Mechanicsburg, PA 17055 Defendant: Tyree 208 Route 109 Farmingdale, NY 11735 Defendant: Tyree 3000 Midlantic Drive, Suite 105 Mount Laurel, NJ 08054 ?r y MICHAEL L. BANGS Attorney for Plaintiff