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Home My WebLink About12-1846COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANCO STEEL COMPANY yr == • a oc?-18Y1? ? -- Plaintiff No. i-ra i' rri VS. ?- r`3 J WAGGONER FABRICATION & o ca ?'' MILLWRIGHT, LLC CD - -- c? ?z r_ CIVIL ACTION' 77 c 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, 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 AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Ronald Amato, Esq., Atty ID #32323 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ow? 0-Lhl a(IQ "St vj? a79a/S COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANCO STEEL COMPANY Plaintiff No. VS. WAGGONER FABRICATION & MILLWRIGHT, LLC CIVIL ACTION Defendant COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $41,561.65, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, ANCO STEEL COMPANY, is located at 1050 S Lake St., Aurora, IL 60506. 2. Defendant, WAGGONER FABRICATION & MILLWRIGHT, LLC, is located at 30 Woodcraft Drive, Mount Holly Springs, PA 17065. COUNTI Breach of Contract 3. At Defendant's request, Plaintiff sold to Defendant certain goods in the amount and for the prices set forth in its invoices issued to Defendant, true and correct copies of which are attached hereto, made a part hereof and collectively marked Exhibit "A." 4. The prices charged for the aforesaid goods are just and reasonable and are those which Defendant promised to pay Plaintiff. 5. Defendant ordered from Plaintiff the goods described in the invoices. 6. Defendant received said goods. 7. Defendant accepted said goods. 8. Defendant did not reject said goods. 9. Defendant has not paid Plaintiff in full for said goods. 10. A total principal amount which remains due as a result thereof, after allowance for all proper credits for payments and/or returned merchandise, if any, is $34,397.15. 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, as of March 16, 2012, totals $7,164.50. 12. Plaintiff is entitled to have the statutory interest charge continue to accrue as set forth above, from March 16, 2012 on down to the date of judgment in this matter. 13. 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 demands judgment against Defendant for $41,561.65 together with the continually accruing interest charge at the statutory rate of 6% per annum from March 16, 2012, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment 14. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 15. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the goods described in the exhibits attached hereto. 16. Defendant received and accepted the benefit of said goods provided by Plaintiff. 17. 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. 18. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said goods and to incur damages. 19. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods without paying Plaintiff fair and reasonable compensation. 20. Allowing Defendant to retain the benefit of said goods without paying fair compensation would be unjust. 21. 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 $34,397.15. WHEREFORE, Plaintiff demands judgment against Defendant for $34,397.15 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from March 16, 2012, costs of suit and all other relief to which Plaintiff may be entitled. AMATO AND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 Ronald Amato, Esq., Atty ID #32323 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERIFICATION hereby states that he/she is the of plaintiff in this action, and verifies that the statements .kph l G __.! T made in the attached document are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa,C.S,A. § 4904 relating to unsworn falsification to authorities. Jul i 1 11 08:45a John Keating Ackerley 520-624-6944 p.2 Anco Steel Gmpany Statement 1050 S. Lake Street 07107/11 Aurora, IL 60506 Page 1 Phone: (630) 264-6020 Fax: (630) 264-6743 WAGG WAGGONER FABRICATION Phone: (717) 486-7533 30 WOODCRAiFT DR NOM HOLLY SPRINGS, PA 17065 72/31/10 TAX DATE DUE DATE TYPE DOCIIE IIt< DESCRIPTION AMUNT. APPLIED - BALANCE 01104110 02/03110 Invoice 71832 SOI 74832 - POO 204722 10.68D.34 0.00 10.680.34 01104110 02103110 Invoice 75019 SN 75019 - PO/ verbal 11.904.75 0.00 11.904.75 0112611a 02/25110 Invoice 80518 SO 80518 - POf verbal Hatt 11.612.06 0.00 11.812.06 TOYAL" MM T OUE 34:3!7:35 Days past due: Current 1 - 30 31 - 60 61 - 90 91+ D•00 0.00 0.00 0.00 34.397.15 Statement is for reference only. Terms are applicable to Individual Invoice dates. EXHIBIT 11, - Jul 11 11 08:45a John Keating Ackerley 520.624-6944 p.3 INVOICE Anco Steel Company P.O. Box 246 Montgomery, IL 60536-9246 Phone: (630) 264-6020 Fax: (630) 264-6743 74832 _.,. M7h 6ER :... PAGE DATE' .;... INVOICE 74E 1 01/04/2010 SJU ES : RER'.:: • .: ;.... :. I . DATE. ... . Barrett Davids O1l0d/2010 H1P'l1Ia !:. 9 '° :: ;• OUST ID Will Call WAGG OUST. P'0. :..: ..... ; BUYER 1 OUR S-.•0: ... . 104722 74832 SOLD TO: SHIP TO: WAGGONER FABRICATION 30 WOODCRAFT DR MOUNT HOLLY SPRINGS, PA 17065 Phone: (717) 486-7533 (TTY:, -;SHIPPED OTY'7HIS- f1Y Uf( .. WT LINE ORDEREO •70 DATE. SHIPFt'NT BUieiaUM TrWID LEETH.--- :,U+IT:0T1r PRICE : :AMOUNT 1 160.00 PCs 160.00 1160.00 0.00 REB660 4D' 170.980 26.251(WT 44U.60 Reinforcing Bar U18 (I") Grade 6D (42) Tag 4: 5022 Heat is Oty: 6.4DOAD FT Pa.- 160 2 192. D0 PCS 192.00 1192.00 0.00 RE8760 40' 156.671 26.251061T 4112.85 Reinforcing Bar #7 47W8 Grade 60 (42) Tag F: 5023 Neat U Qty: 7,680.00 FT Pcs: 192 3 132.0 PCs 132.00 132.00 DAD R000 40' 79.306 25.25A NT 2081.89 Reinforcing Bar f6 (314') Grade 50 (42) Tag ¢: 5624 Heat 1: Qty: 5.280.00 FT Pc5: 132 Phone: (630) 264-6020' TAX ID: 83641329 SHIP WT: 40.685.760 LSS SUBTOTAL I 10.680.34 TERMS: NET 30 Tax 0.00 PAYMENT DUE BY 02/0312010. TOTAL 10.680.34 Jul 11 11 08:45a John Keating Ackerley 520.624-6944 p.4 INVOICE Anco Steel Caiwny P.O. Box 246 Montgcanery, IL 60538-9246 Phone: (630) 264-6020 Fax: (630) 264-6743 75019 ut I 'ER :. .PAGE DATE ; iNVO1CE 75019 1 01/04/2010 E REP. SHIP::DATE Barrett Oavids 01/04/2010 SHIP' VIA : - : DUST ID :. Will Call WAGG Cl)57 P:O. 8 WER DLRIS:O; : VERBAL 75019 SOLD TO: SHIP TO: WAGGONER FABRICATION 30 WOODCRAFT OR MOUNT HOLY SPRINGS. PA 17065 Phone: (717) 486-7533 OTY SHIPPED. MY -THIS QTY ON ' {NIT LINE ORDERED. TO GATE SHIPMW BAMMER ITEM ID.: --- 18UIN •-• LEN6TF(:--?` ' llNFT.1yT1 PRiC6. AHOUIT 3 MAD PCS 748.00 748.00 0.00 RE8660 3D' M. 049 26.25JCWT 6143.81 Reinforcing Bar #5 (518') Grade 60 (42) Tag #: 5024 Heat #: My: 22.440.00 FT Pcs: 746 4 480.00 PCS 480.00 480.00 0.00 RB460 20' 64.128 26.50lCWr 1659.45 Reinforcing Bar #4 (112•) Grade 60 (42) Tag #: 5026 Heat #: Qty: 9.500.00 Fr Pcs: 480 5 576.00 PCS 576.00 576.00 0.00 RE6560 20' 120.154 2E.2510n' 3154.20 Reinforcing Bar #5 (518') Grade 60 (42) Td9 #: 5D26 Heat 4: Oty: 11.520.00 FT Pcs: 576 Phone: (630) 264-6020 'Fax: `(630) .264-6743j!..:;"'. TAX ID: 83641329 SHIP WT: 41.833.080 LBS SUBTOTAL 10.997.46 TERMS: NET 30 Tax 907.29 PAYMENT DUE BY 02/03/2010. TOTAL 11.904.75 Jul 11 11 08:46a John Keating Ackerley 520-624-6944 p.5 INVOICE Anco Steel Company P.O. Box 246 Montgomry. IL 60538-9246 Phone: (630) 264-6020 Fax: (630) 264-6743 SOLD TO: WAGGONER FABRICATION 30 WOODCRAFT DR MOUNT HOLLY SPRINGS, PA 17065 80518 ": 'NIJh16ER .: PAGE ' DATE INVOICE 80518 1 01/26/2910 SNIP., DATE' Barrett Oavids 0112612010 SHIP-VIA CLIST. W. Commercial Carrier WAGG CUST..PiO.#' ... ° ::::..: , BUYER :.:... ? 1 OllR"S.04 VERBAL MATT 80518 SHIP TO: WAGGONER FA8RICATION 30 WOODCRAFT DR MOUNT HOLLY SPRINGS, PA 17065 Phone: (717) 486-7533 Q7Y SHIPPED QTY THIS QTY'ON :` Lw17LINE CRD00- TD-GATE 90MENT 64pc0R0ER ITEk•1D LNIP .QTY. ':'• PRICE.. 'MOLW 1 528.00 PCS 528.00 528.00 0,00 RED660 40' 317.222 27.25/CaiT 8644.52 Reinforcing Bar i6 (3W) bride 60 (42) Tag 1: 5180 Heat #: Qty_ 21.120.00 FT Pcs: 528 2 187.00 PCs 187.00 187.00 0.00 REB560 30' 58.512 27.25/CUT 1594.67 Reinforcing Bar t5 (618') Grade Co (42) Tag 0: 5181 Neat F: Qty: 5.610.D0 FT Pcs: 187 3 288.30 PCs 288.00 288.00 0.00 REB460 30' 57.715 27.25W 1572.87 Reinforcing Bar y4 (112') grade 60 (42) Tag is 5182 Heat #: 0ty: 8.640.00 FT Pcs: 288 Phone: •(630)- -264-6020:. . Fax ::f Fr3a:.264-6143:.: : . TAX 10: 83641329 SHIP WT: 43,344.990 LBS SUBTOTAL 11.812.06 TERMS: NET 30 Tax 0.06 PAYMENT DUE SY 02/2512010. TOTAL 11,812.06 '0 f 110"40TAF` COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,1 08 CIVIL ACTION - LAW CUMBERLAND COUNTY ANCO STEEL COMPANY PENNSYLVANIA Plaintiff vs. WAGGONER FABRICATION & MILLWRIGHT, LLC Defendant No. CIVIL ACTION ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, ANCO STEEL COMPANY, in the above- captioned matter. AMATO AND LESSA, P.C. By: 1 /11-D Michael R. Lessa, Esq., Atty ID #88617 Ronald Amato, Esq., Atty ID #32323 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FLED-€- $- It' pRo ° 2012 APR 17 AM 9:25 ClAft&AND COUNTY SYLVANIA Anco Steel Company vs. Waggoner Fabrication & Millwright, LLC Case Number 2012-1846 SHERIFF'S RETURN OF SERVICE 04/11/2012 10:08 AM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2012 at 1008 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Waggoner Fabrication & Millwright, LLC, by making known unto Dawn Wike, Purchaser for Waggoner Fabrication & Millwright, LLC at 40 Woodcraft Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $35.00 April 12, 2012 Q"QZABETH MULLER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i - - FIC ANCO STEEL COMPANY 11 j ROTHONOTAR Plaintiff No. 2012-1846 2012 ?9,Y 22 PSI 2: 06 VS. CUMBERLAND COUNTY PENNSYLVANIA WAGGONER FABRICATION & . MILLWRIGHT, LLC CIVIL ACTION Defendant PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Kindly enter judgment by default for want of an answer in favor of Plaintiff and against the above-named defendant(s) only and assess damages as follows: Debt $41,561.65 Interest (from March 16, 2012 to May 15, 2012 at 6% per annum) $415.62 Costs $155.25 Total $42,132.52 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. Pursuant to RCP 237. 1, 1 certify that a copy of the annexed written notice(s) of intention to file this praecipe was mailed or delivered to all parties against whom judgment is to be entered and to their attorney of record, if any, after the default occurred, and at least ten days prior to the date of filing of this praecipe. Please note that said notice was.mailed to all parties on May 2, 2012. Dated: May 15, 2012 AMATO A ESSA, P.C. By: Wald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way -JJ Q Bethlehem, PA 18017 aw is . 5"1 ? L ? ?I G? ? Ct? (610) 866-0400 F°'?7 SS-? g A DEBT COLLECTION LAW FIRM .Q 2113353 ?1iC? `?I ?; Ind N r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANCO STEEL COMPANY Plaintiff No. 2012-1846 VS. WAGGONER FABRICATION & . MILLWR11GHT, LLC CIVIL ACTION Defendant CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named plaintiff is: 1050 S Lake St Aurora IL 60506 I do certify that the precise last known address of the within named defendant is: 30 Woodcraft Drive Mount Holly Springs PA 17065 AMATO AN SSA, P.C. By: ald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANCO STEEL COMPANY Plaintiff No. 2012-1846 VS. WAGGONER FABRICATION & MILLWRIGHT, LLC Defendant TO: Waggoner Fabrication & Millwright, LLC 30 Woodcraft Drive Mount Holly Springs PA 17065 Date of Notioe: May 2, 2012 IMPORTANT NOTICE 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 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 AMATO AND 7A, P.C. By: Ronald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM Attorney File# 2113353 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANCO STEEL COMPANY Plaintiff No. 2012-1846 VS. WAGGONER FABRICATION & MILLWRIGHT, LLC CIVIL ACTION Defendant NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE-NAMED DEFENDANT(s) IN THE AMOUNT OF $42,132.52 ON rnQ l A91, 2012. ( ? A COPY OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY OF CUMBERLAND COUNTY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED. PROTHONOTARY - CU ,_ LA( If you have any questions concerning the above; please contact the undersigned. AMATO LESSA, P.C. By: onald Amato, Esq., Atty ID #32323 Michael R. Lessa, Esq., Atty ID #88617 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID #203922 Paul F. Troisi, Esq., Atty ID #309511 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM