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Home My WebLink About12-0943WELTMAN. WEINBERG & REIS CO.. L.P.A. Attorney for Plaintiff(s) e-s <=' BY: James P. Valecko, Esquire -n3 a I.D. No.79596 'r o-. 436 Seventh Avenue, Suite 1400 cnf Pittsburgh, PA 15219 _ w Phone: 412.434.7955 - T, Fax: 412.434.7959 .-= c> -° File # 9501915 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORKING WALLS, INC. Plaintiff vs. Civil Action No. /07- Q43 O;vi IIZ°!'N DAVID TRACY DESIGN, INC. Defendant(s) COMPLAINT AND 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 an 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PO AT'Y ell ?fl3?B 3 9rA (970 998 COMPLAINT 1. Plaintiff is an Ohio corporation with offices located at 100 Hayes Dr, Suite B, Cleveland, OH 44131. 2. Defendant, David Tracy Design, Inc., is a Pennsylvania corporation with offices located at 5020 Ritter Road, Suite 101, Mechanicsburg, PA 17055. 3. On or about November 17, 2010 Defendant executed a Purchase Order under PO number 1-19-2587 for the purchase of working wall panels. A true and correct copy of the Purchase Order is attached hereto, marked as Exhibit "I", and made a part hereof. 4. Plaintiff agreed to sell the working wall panels to Defendant at the reduced price of $8,255.00. 5. Plaintiff provided the working wall panels to Defendant at the agreed upon price, as more specifically shown by Plaintiffs Invoice. A true and correct copy of Plaintiff's Invoice dated December 23, 2010 is attached hereto, marked as Exhibit "2", and made a part hereof. 6. Defendant received and accepted the aforementioned working wall panels which were provided by Plaintiff. 7. Plaintiff received a deposit in advance from Defendant in the amount of $4,127.50. 8. Plaintiff has not received any more payments from Defendant. 9. Plaintiff avers that there is a remaining balance due and owing from Defendant in the amount of $4,593.00, as is shown by Plaintiffs Invoice attached hereto as aforementioned Exhibit "2" and made a part hereof. 10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the aforementioned balance or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant David Tracy Design, Inc., in the amount of $4,593.00 with interest at the statutory rate of 6.00% per annum from the date of judgment, and costs. WELTMAN, WEINBERG & REIS, CO., L.P.A. ( -1 - James P. alecko, Esquire I.D. No." 9596 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9501915 .t David Tracy Design 5020 flitter Road, Suite 101 _• Machanksburg, PA 17055 fete. 717.786.2074 tax: 717766.0798 www.davidiracy .com WORKING WALLS INC. 100 HARES DRIVE, UNIT B CELELAND, OH 44131 VENDOR FAX# SALESPERSON TERMS DAVID BESSELMAN EXHWIT 1 P U R C H A S E O R D E R DATE PO NUMBER g??0 11/17/10 1-19-2587 -- - - j 1? I K'U PROPOSAL: 2023 PROJECT# : * 1-19 _f J l 'PSHIP TO: ] DLI CWIA 651 BOAS STREET RM 220 HARRISBURG PA 17121 US F.O.B. REQUESTED DATE ************************************** *** THIS ORDER MUST SHIP COMPLETE! *** ************************************** 1 1 PANELS WORKING WALL PANELS 10 40.78 10, .78 List Prices: 10,440.78 Tagging: WORKING WALL ?C D? TOTAL PURCHASE ORDER....: 10,440.78 PAGE 1 OF 1 d 00 a c? V LO Z m, ... w rr? J v7 `? ,.r O N Q L-Li 2 cY 0 V Z ;; J Z •o CO ,. > '` N Li. pr. r L• i rQ W Q C? O W W Q) ?. M O } 2 W L` U i. h: Z r r? Z R, O r1 1 O z I: Li O Y 6 L Z y2 U ? n O C'Y . ? r N t7 Y. D `V U N , Q 'G m ti O L? LL 'y a S VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is V' LIZ ?j 1 (NAME) FSr%??-1 of (????r?Gtt/y?, (?/:9ZL7 /,4/C; plaintiff (TITLE) (COMPANY) herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. cz, (SIGNATURE) WWR# 9501915 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??y??tU? ?t ?ufg6e^t?f???A f ,LlJ 2012 FEB 21 AM 8: 29 Richard W Stewart Solicitor C,Ft . - RIP PENNSYLVAN A COUNTY Working Walls, Inc. Case Number vs. David Tracy Design, Inc. 2012-943 SHERIFF'S RETURN OF SERVICE 02/15/2012 01:19 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 15, 2012 at 1319 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David Tracy Design, Inc., by making known unto Kaitlin Wing, Office Assistant for David Tracy Design, Inc. at 5020 Ritter Road, Suite 101, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. W LIAM CLINE, DEPUTY SHERIFF COST: $38.00 February 23, 2012 •r, C'Wrd Snte Srelff i ^:::rt in, SO ANSWERS, RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORKING WALLS, INC. Plaintiff vs. Civil Action No. 12-943 CIVIL TERM 3 DAVID TRACY DESIGN INC. yy M Defendant A N D C "w -?* PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Y Kindly enter Judgment against the Defendant, David Tracy Design, Inc. above named, in the default of an Answer, in the amount of $4,593.00 computed as follows: Amount claimed in Complaint $4,593.00 Interest from date of j udgment at the legal interest rate of 6.0% per annum TOTAL $4,593.00 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: James P. Vale Vbee'rg Esquire PA I.D.#7959 Weltman, We & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9501915 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 5020 RITTER ROAD, STE 101, MECHANICSBURG, PA 17055 +16.50 pA A"Y 01IW RUS eo a?a14S. CCe Wiled IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORKING WALLS, INC. Plaintiff DAVID TRACY DESIGN, INC. Defendant CASE#: 12-943 CIVIL TERM IMPORTANT NOTICE TO: David Tracy Design, Inc. 5020 Ritter Road,Ste 101 Mechanicsburg, Pe 17055 Date of Notice: -"M Q, W WR#:9501915 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, GO TO OR TELEPHONE THE FOLLOWING 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Jamq.ecko, Esquire P.A.436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 W WR #9501915 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORKING WALLS, INC. Plaintiff VS. Civil Action No. 12-943 CIVIL TERM DAVID TRACY DESIGN, INC. Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o Jud ent was entered against you on (xx) Assumpsit Judgment in the amount of $4,593.00 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary . By: PROT TARY (OR DEPUTY) DAVID TRACY DESIGN, INC. 5020 RITTER ROAD, STE 101 MECHANICSBURG, PA 17055 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7s' Avenue, Pittsburgh, PA 15219 1-888434-0085 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 12-943 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WORKING WALLS INC. Plaintiff (s) From DAVID TRACY DESIGN, INC., 5020 RITTER ROAD, SUITE 101, MECHANICSBURG, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: MEMBERS 1sT FCU, 1711 SPRING ROAD, CARLISLE, PA 17013 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) not 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 $4,593.00 L.L. $.50 Interest $4.53 Atty's Comm % Due Prothy $2.25 Atty Paid $189.75 Other Costs Plaintiff Paid Date: April 9, 2012 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name JAMES P. VALECKO, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING, 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 79596 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORKING WALLS, INC. Plaintiff vs. nCiviil?? Action No. 12-943 CIVIL TERM DAVID TRACY DESIGN, INC. Sod,, r 1 PeY I 1 su(-k ) 01 , WA. ?* I-MS Defendant MEMBERS 1ST FCU, ) (Ir.n ???? ?\'S?e Fa13 Garnishee TO THE PROTHONOTARY: PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against DAVID TRACY DESIGN, INC., Defendant 3. against MEMBERS 1 ST FCU, Garnishee 4. Judgment Amount Interest Costs SUBTOTAL: Costs (to be added by Prothonotary): .y 3 Z°c 4,593.00 4.53 4,597.53 WELTMAN, WEINBERG & REIS CO., L.P.A. %aC?.oo Pd Q 38.0b WF t ?a3.') 5 u?- Iu. 50 9:S By: James P. Val ko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 tl 1- 104(IU s ?3 12 4-a7 3 Y%9 ---, t,"'. C ?- ._ Ulu, -? 0; F"t- i?saew IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WORKING WALLS, INC. Plaintiff No. 12-943 CIVIL TERM vs. PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) DAVID TRACY DESIGN, INC. Defendant MEMBERS 1 ST FCU, Garnishee, FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James P. Valecko, Esquire PA I.D. #79596 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#9501915 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor CIt W)J,", 'tl?6 :)F r ? l l? v u IFOLA, Working Walls, Inc. vs. David Tracy Design, Inc. Case Number 2012-943 SHERIFF'S RETURN OF SERVICE 04/13/2012 09:55 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David Tracy Design, Inc., in the hands, possession, or control of the within named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Merlinda Wilkins, Member Services Representative, 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. The writ of execution and notice to defendant was mailed on April 17, 2012 to David Tracy Design, Inc., 5020 Ritter Road, Ste 101, Mechanicsburg, PA 17055. SO ANSWERS, April 16, 2012 RON R DERSON, SHERIFF 7 rz_ William Cline, Deputy :o' Gou iiff? Sne f ie?e01--Y1 tu:c. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: William T. Molczan, Esquire Attorney for Plaintiff(s) I.D. No.47437 436 Seventh Avenue Suite 1400 , Pittsburgh, PA 15219 Phone: 412.434.7955 r? -,. Z Fax: 412 434 7959 , . . File # 9501915 r; . -- ' c} c-x WORKING WALLS, INC. .-= CUMBERLAND County _ =wa Court of Common Pleas VS. DAVID TRACY DESIGN, I] C , NO. 12-943 CIVIL TERM and MEMBERS I ST FCU Garnishee(s) TO THE PROTHONOTARY: Kindly mark the above matter discontinued and ended as to Garnishee(s), MEMBERS I ST FCU,, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By William T. Molczan squire Attorney for Plainti a.Yu? ?' 9 , SO?d a ifs c?,# i oy ?r S 7?? WELTMAN, WEINBERG * REIS CO., L.P.A. BY: James P. Valecko, Esquire I.D. No.79596 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Phone: 412.434.7955 Fax: 412.434.7959 File # 9501915 v 1`F Attorney for Plaintiff(? 12 MIA Y _ L} PPI 1: 1, 11 D .`g BERLAn COUNTY PENNSYLVANIA WORKING WALLS, INC. Plaintiff vs. Cumberland County Court of Common Pleas NO. 12-943 CIVIL TERM DAVID TRACY DESIGN, Defendant(s) TO THE PROTHONOTAR Please kindly Satisfy the 4udgment of the above-captioned matter upon the records of the Court and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By ames It. Valecko, Esquire Attorn y for Plaintiff .?? 9.56pA O a ?aygtoal'I go a'7N`7(s SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson , dy S Smith ,hief Deputy Richard W Stewart Solicitor ~aikttr ct ~ita~brrf~~~ -u:., ~~~,cs ~-- -,.~a~r~ ~Ir THE P~QTHOhGQ ~l~i Y 1D{2NOV _g PM 3~ 1~+ CUMBFRLANl3 G4UNi'Y PENNS Yl.VANIA Working Walls, Inc. Case Number vs. David Tracy Design, Inc. 2012-943 SHERfFF'S RETURN OF SERVICE 04/13/2012 09:55 AM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2012 at 0940 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: David Tracy Design, Inc., in the hands, possession, or control of the within'named garnishee, Members 1st Federal Credit Union, 1711 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Merlinda Wilkins, Member Services Representative, 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. The writ of execution and notice to defendant was mailed on April 17, 2012 to David Tracy Design, Inc., 5020 Ritter Road, Ste 101, Mechanicsburg, PA 17055. 11/09/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $87.92 SO ANSWERS, November 09, 2012 RON R ANDERSON, SHERIFF is ~oun!ySuite Sheriff: Teleosoft, Inc. G,~~r ~f us"~ ,~- ~ ~-~. 9G3