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Home My WebLink About12-1804set L.. iR,}!i,F,"JJ .(..x.51 2012 MAR 2 1 Psi 12: 3 Katie J. Maxwell, Esquire CU 3ERL At, i:;??16 PENNSYI.'r'ANIA Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BULLBQ CATERING, Plaintiff V. BBQ HEAVEN and WILL FREEMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 12-` 01 CIVIL 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 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: 4MI 2s ft 0"7 Cumberland County Bar Association k C'# 4S3Y?l 32 South Bedford Street 7GY3 Carlisle, PA 17013 (717) 249-3166 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BULLBQ CATERING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 12- /11W CIVIL BBQ HEAVEN and WILL FREEMAN, Defendants COMPLAINT AND NOW, comes the Plaintiff, BULLBQ Catering, by and through their attorneys, MARTSON LAW OFFICES, and in support of their Complaint avers as follows: Plaintiff Bu11BQ Catering is a barbeque company with a business address of 1000 Red Mill Road, Etters, York County, Pennsylvania. 2. Defendants are BBQ Heaven and Will Freeman a business and the owner of that business with an address of 1860 Cleon Street, Ashrboro, North Carolina. 3. Plaintiff operates a barbeque restaurant on the Carlisle Pike in Cumberland County, Pennsylvania. 4. Beginning in May 2011, the parties began negotiations for Plaintiff to purchase a custom made pig cooker from Defendant 5. Plaintiff ordered a 4 x 6 gas fired pig cooker with options with options for wood and charcoal firing and a fire box with warming shelves and a chicken cooker with wood and charcoal firing. 6. Defendant promised to deliver the custom cooker to Plaintiffs restaurant on the Carlisle Pike in Cumberland County on or before June 16, 2011. 7. Plaintiff paid Defendant $2,790 on May 5, 2011. A copy of Plaintiff's check is attached as Exhibit "A." 8. Plaintiff ordered the custom cookers from Defendant in order to fulfill orders in Cumberland County for an event on June 16, 2011. 9. Defendant failed to deliver the customer cookers to Cumberland County on or before June 16, 2011. As a direct result of Defendant's failure to deliver the cookers, Plaintiff was required to purchase replacement grills and cookers in the amount of $1,696 in order to fulfill his obligations for the event on June 16, 2011. 10. Plaintiff has repeatedly attempted to contact Defendant in order to have his cookers delivered to Cumberland County. 11. Defendant has repeatedly make excuses for his non-performance, but has never refunded Plaintiff s money. 12. Defendant regularly conducts business in Cumberland County, Pennsylvania. 13. Defendant was unjustly enriched by accepting payment from Plaintiff in the amount of $2,790 with out providing Plaintiff with its custom cookers. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in its favor in the amount of $4,486.00, representing Plaintiff s initial payment of $2,790.00 and his costs for purchasing replacement equipment. MARTSON LAW OFFICES Katie J. well, Esquire I.D. No. 06018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 31 1;_,// 2 EXHIBIT "A" VERIFICATION Katie .f. Maxwell, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for Plaintiff in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of her knowledge, information and belief, based upon information provided by Plaintiff. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F.\ FILESTlient0122 Hyatt\7122.385. Denis\7122.385.as Katie J. Maxwell, Esquire Attorney I.D. No. 206018 r f!'j MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER,_,,,,,, 1 rrt j. MARTSON LAW OFFICES Ten East High Street CUMBERLAND COUN1 j P i:'r'" Carlisle, PA 17013 VANIA (717) 243-3341 Attorneys for Defendant BULLBQ CATERING, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY , PENNSYLVANI A V : NO 12-40CIVIL . . BBQ HEAVEN and WILL FREEMAN, rn ''v= Defendants , ? y 4 AFFIDAVIT OF SERVICE X;1 c-; COMMONWEALTH OF PENNSYLVANIA SS. r, COUNTY OF CUMBERLAND I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Will Freeman, c/o BBQ Heaver Custom Pig Cookers and Smokers, 1860 Cleon Street, Asheboro, NC 27205, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed by Willie A. Freeman, and dated March 23, 2012, with attached receipt of costs in the amount of $10.50. MARTSON LAW OFFICES By cif Katie J. M well, squire Attorne .D. No. 206018 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this day of March, 2012. N to Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle am, CumbedaM County My Cornn*slon Bow Aug. 18, 2015 MEMBER, PENNSYI.VANIP. ASSOQATION OF NOTARIES ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is deelred. ¦ Print your name snd address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: c `1 44? l 0 C? , ?a20Y A. Signature 8. Received by (printed Name) C. Date of Ddhwy l 'Lt -a3 44-- D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 13 Express Mall 3. E.E.. Mail 13 Retum Receipt for Merdteedlse 13 Irisured Men o con. 4. Rmillil rsd D* ry? Mtn Foo 2. ArtfdeNumber 7011 2000 0001 2522 5394 Mar ist er loom seryke isw PS Fort 3811, February 2004 Domestic Retum Receipt 102595-02-Wl540 -1• rr . . rr m ru J Ln Postage $ ru Certified Fee Pos O I p Return Receipt Fee Hr@? / p (Endorsement Required) J C3 Restricted Delivery Fee C3 (Endorsement Required) p Total Postage & Fees ru nt To r =1 rink C3 $Veet,Apt.N or PO Box No. . SYete, L x 0 Katie Maxwell Attorney LD no 206018 MARTSON DEARDOFF WILLIAMS OTTO GILROY & FALLER Martson Law Offices 10 East Street Carlisle, PA US 17013 DISTRICT COURT OF Common Pleas Bull BBQ CATERING Plaintiff vs. BBQ HEAVEN AND WILL FREEMAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?,. M i? No. 12-1804 CIVIL w z C. Case No.: 7122.385 I Willie Freeman owner of BBQ HEAVEN, am writing in regards to the civil complaint submitted by Greg Troup, Bu11BQ Catering and their counsel Katie Maxwell, with Martson law offices. Parties listed are seeking the amount of $4,486.00 for a product Mr. Troup ordered with our company as well as another purchase made by Mr. Troup. My company, BBQ Heaven, has a strict no refund policy. This policy is reinforced to protect my company due to the fact we make custom products. I have attempted to contact Katie Maxwell at Martson Law Offices leading up to the week of March 20 2012' I could not then and still can not reach her. Mr. Troup's product is finished and has bee ready for pickup or delivery since March 3e 2012, this date was relayed to Mrs. Maxwell and Mr. Troup. Leading up to this due date, I received a letter from Katie Maxwell, on March 7"' 2012 stating she needed a response by March 201° 2012, about Mr. Troup's product. In return I stated to Maxwell, and Mr. Troup, that they would receive their grill no later than March 30`h 2012. Mrs. Maxwell then sent another letter on March 13, 2012 stating if the product was not completed by March 206 2012, Mrs. Maxwell would then file suit. I relayed to both parties, the March 30th 2012 due date was needed to do the complex design Mr. Troup ordered. Parties filed a complaint on March 212012, after they did not receive their product on March 20"' 2012. Even though I stated it is absolutely necessary for the March 30's 2012 due date, I was not given a chance to fulfill the due date. My only wishes for Mr. Troup to drop this complaint before he receives his product, which was recommended to us by a legal expert. I have heard nothing about the other product Mr. Troup purchased, copies from the complaint was the first I heard on this matter. Mr. Troup is a caterer, When Mr. Troup placed the order, he stated he planned on purchasing multiple products for his business. I do not believe I or BBQ HEAVEN should be responsible for a Purchase Mr. Troup decided to make. Mr. Troup's original invoice is attached, a copy of our policy, a copy of our website stating our refund policy, as well as the release form for dismissal of this complaint. If Mr. Troup and or Mrs. Maxwell would contact our office we could work out a way for Mr. Troup to receive his product. The last I spoke with Mr. Troup, he was impossible to speak with but did state he still wanted his custom product. I am located in North Carolina, which is the state Mr. Troup's order was placed, he also sent payment to North Carolina and was to pick up in North Carolina. We do not regularly do business In Pennsylvania, Mr. Troup's order is the second order we have ever had in Pennsylvania. This fact was stated on the paperwork , but was incorrect. I would like to have this matter resolved as soon as possible, so business between Mr. Troup and I can be finished Dated this 15'b day of April, 2012 _ -_ : ' = _tA_ ._ --- --- -- - _ _ - ADDRESS - -- -- - " -- CITY, STATE. ZIP n T_\ DEPARTMENT SALESPERSON WHEN SHIP TER H SHIP DATE t QUANTRY DESCRIPTION PRICE AMOUNT i - ` --- -- - - - - t k" i l LoX -'r" 1 , , =?;kk1r-? i?o i i ? -4- v E - y I(+ BUYER: t? KEEP THIS SLIP FOR REFERENCE ?xenera? Ze' ease General Release The undersigned hereby jointly and severally releases, acquits, forgives, and discharges Willie Freeman from any actions, claims, demands, suits, agreements, judgements, liabilities, and proceedings, whether arising in equity or in law, and in particular arising from: Custom grill will be delivered to Greg Troup,exactly as it is on the original invoice, with a signature of this release form, By signing this form, you aknowledge that you waive all further legal, non legal actions, or suits against Willie Freeman, BBQ Heaven or anyone affiliated or employed by BBQ HEAVEN This release shall remain binding upon all successors in interest and personal representatives of the contracting parties, to the extent permitted by law. Signed this 9 day of April, 2012 Greg Troup, and anyone affiliated, related, or buyer of Bull Bq catering Releasor Releasor In the presence of: Witness http://resources.lawinfo.com/letters/f m_GeneralRelease.cfin?act=file 4/8/2012 BBQ HEAVEN TERMS & CONDITIONS 1. All work shall be completed in a workmanship like manner and in compliance with all building codes and other applicable laws. 2. To the extent required by law all work shall be performed by individuals duly licensed and authorized by law to perform said work. 3. Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this Contract. 4. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 5. All change orders shall be in writing and signed by both Owner and Contractor. 6. Contractor warrants it is adequately insured for injury to its employees and others incurring loss or injury as a result of the acts of Contractor or its employees and subcontractors. 7. Contractor shall at its own expense obtain all permits necessary for the work to be performed. 8. Contractor agrees to remove all debris and leave the premises in broom clean condition. 9. In the event Owner shall fail to pay any periodic or installment payment due hereunder, Contractor may cease work without breach pending payment or resolution of any dispute. 10. All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. 11. Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty or general unavailability of materials. 12. cookers are sold as is and are nonrefundable /8112 BBQ HEAVEN CUSTOM PIG COOKERS AND SMOKERS whaboe . Ptovided by .18(12 BBQ HEAVEN CUSTOM PIG COOKERS AND SMOKERS wheboeser. l4oki&d by grin, r pg cndkaa, pg wake-, ..tckds, drip cat-9, trata,tbq, pg Cndk- .a sob- m tbq smokers fa sal. n -, hbq pis fa salk, i - t!as to hLad a pg -.dk-, gas Mars fa Pp cockm. ;span. W- for pU cocker, damp ?mg cook-. a s eban rc pg wakes, hbn irayet ash4? rr. 336 963 '.7366, li q arrmke tale, tisbos, snick. ttmr. pip aroke tarp gags. hest drat w pig =*v (wc*lw), -stern bolt pg cookers. -triton oil -k-, conp9lm bt% pg owkws `a sob h vitpi4 bbq pis fa sob h ra, bbq tote fa sal. in va, bbq ng? fav to did a pg kmk-: h- `nest-. p9 9pt. rots-, Rmt>ew srndk-, %wn" bm, cook- m !rtie, WE at Irabr. gri m Wkeels. o+idken cnok-.., o srn kff. pt, bbq pl, bmket smoker. cmnpattm smoker, carpetkst p*% de soulten laths dd -stxgri..Mymk anko. - aM- bbq pis 00, /8/12 BBQ HEAVEN CUSTOM PIG COOKERS AND SMOKERS ordrs Iesmeat it Sea au Ume lm Adp15, 2012 cis bumers that bolt o the tongue of your r W 1dt263hfb.nOS Yy hot ro d cools witheWryla Y- like the plat below wnh the cooker G RI L LZ. equipped with 1S' doom, rime se l ll ki p dursd 2 o do out coo ng ss that _. 41d', 2 side bumstet: h tr ir r 3 ; Horne Of the Bkg x t at m enure „ 3 x [ x 2i' hi h t 217' 17' Daddy smoker s orage arse, x gp ande mel! aide tabies, te'xts' o 7 bo; 60'pro pens bumw inside " Cangrstulatlons to got o.dm n a ,cols e0 drlP Psr, IIahM balls in end 2 high prune isgulsurs Chet Afore Cu,Nr of ellmtown brew worlf for flnlahln flm In all three nly (2100 p r?agod,s wit0 our big daddy amoMr hap:lhisrw.th W nwworloLOOm -Y Now 1 can build you a custom pig cooler for a reasonable _ price. Depending on your needs my charcoal burning grills start at $927.19, gas starts at $1060.94 and combination starts at $1100.00. If your a the hard sports tan 1 can cousrdae and sports teats, which is great for tallgatlkg. Abo, all of my coolers are equipped with trailers that tow with ease. It's yew choke bow the cooler 1s positioned on the trailer. If you need input from any of my satisfied customers, references are avallatde. [ym0 me at freemanw641®yaboo.com or call we directly at 336•%3211366. x 36" WWII cookdng chamber, 16"x15" access door ulth pan that has slide across shole cooksr, SO"I x36"wx8"h water pan rith fill system, and drain system, 2 G(rx38' slide out cooking racks, front prep table 12"wt 60.1, 38"x38" wooden storage was, 12" wheds, fenders, and lights yours for only$3000 i MB.Y N o our shipping rates are out of this world cheap, let me know,ahre you are and I can get you a quote Shipping on all cookers is never higher than MOO For prices and mors upaons plea?.r.d the scroll down let me got a quote for you msru on Me shopping oft today. This Is our all new BIG BOY Smoker, this cooker comes equipped with a 24124 x 114" firebox, 40" disn x 72" long x 114" cooking chamber 4 slide out cooking radio, 24x48 warming box ukh 3 agile out racks, 7r gas line 3 tamp gauges, trailer Jack,hlgh p-- regulator, and propane holder, this Is the uftmde AM ooolors as sold as Is, pros we no mhrnds or return y IN "THE, COURT OF COMMOti PLEAS OF CUMBERLAND COUNTY, P1=.,h,T~SYLV ANIA BtiLLBQ CATERING Plaintiff TIO• 180% Civi l 2012 =~ c_ ~,..~ VS. ~-a• rv -t - BBQ HEAVEN and to ~ _.'~' ~ ;. - -~c; T°. - Ct7 ;.~ cT; WILL FREEMAN defendant ~~ ter`; r RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially i n~5~~ .~, ~ • r -~~ Following form: .. .~_ .c- PETITION FOR APPOINTMENT OF ARBITRATORS ~•~' ~, TO THE HONORABLE, THF, JUDGES OF SAID CC-UR'I': Katie J. Maxwell counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. T'he above-captioned action (or actions) is (are) at issue. 2. T'he claim of plaintiff in the action is $ 4, 486.00 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arhitrators: Martson Law Offices WHEREFORE, your petitioner pra;,~s your Honorable Court to appoint three (3) arbitrators to whom the case sha{1 be submitted. Respectfully submitted, Martson Law Offices ~_-~l_~~- ., Katie 3. x 11, Esquire ORDER OF COURT AND NOW. , 200 _, in consideration of the foregoing petition, _ Esp., and Fsq., and _ Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the COUrt, k:evm A. Hess. P.J. ~a8-so Po A7ry C~ a(o338 ~-*asa~y~