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HomeMy WebLinkAbout12-4172PILIWOFFIC,c UF THE PROTHONOTARY 20 12 JUL -5 PM 1: 11 CUMBERLAND COUNTY Richard W. Keifer III PENNSYLVANIA THIS IS AN I.D. #842924 ARBITRATION CASE Law Office of Richard W. Keifer IIII AN ASSESSMENT OF DAMAGE 8 Gershom Place HEARING IS NOT REQUIRED Kingston, PA 18704 (570)371-3851 DAKOTA DECOYS P.O. BOX 904 SIOUX FALLS, SD 57101 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL-ACTION-LAW Plaintiff, vs. DANIEL J. PARSON, JR. both individually and d/b/a SHOOTING THE X 233 ALLEN ROAD CARLISLE, PA 17013 Defendant, No. o 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 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 procee 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 o 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 OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 34 S. Bedford Street, Carlisle, Pennsylvania telephone number 717-249-3166 s nn?4 ffi b3 a 5# a? tr- R Richard W. Keifer III I.D. #842924 Law Office of Richard W. Keifer IIII 8 Gershom Place Kingston, PA 18704 (570)371-3851 DAKOTA DECOYS P.O. BOX 904 SIOUX FALLS, SD 57101 Plaintiff, vs. DANIEL J. PARSON, JR. both individually and d/b/a SHOOTING THE X 233 ALLEN ROAD CARLISLE, PA 17013 Defendant, THIS IS AN ARBITRATION CASE AN ASSESSMENT OF DAMAGE HEARING IS NOT REQUIRED I COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL-ACTION-LAW No. COMPLAINT Plaintiff, Dakota Decoys, by its attorney, Richard W. Keifer III, files this Complaint and avers as follows: 1. Plaintiff, Dakota Decoys, is a South Dakota company with its principal place of business located at P.O. Box 904, Sioux Falls, SD 57101. 2. Daniel J. Parson, Jr. is an adult individual doing business as the fictitiously Shooting the X at 233 Allen Road, Carlisle, PA 17013. COUNT I - BREACH OF CONTRACT 3. Plaintiff incorporates paragraphs one through two of its Complaint is if fully set herein. 4. On or about October 27, 2010, Defendant, Daniel J. Parson, Jr. applied for credit the Plaintiff. A true and correct copy of the credit application is attached hereto as Exhibit "A." 5. In 2010, Plaintiff and Defendant entered into a contract for the purchase of duck and goose decoys. True and correct copies of the supporting invoices and the statement of account are attached hereto as Exhibit "B." 5. In accordance with the contracts Plaintiff provided the duck and goose decoys tc the Defendant. 6.. Defendant received and accepted the duck and goose decoys as described in the invoices. 7. The prices set forth in the invoices are the fair, reasonable and market prices and the prices which Defendant agreed to pay. 8. Although demand has been made, Defendant has failed to make payment of the amounts due. As a result of the foregoing, there is due and owing from the Defendant to the sum of $10,466.99. See Exhibit "B." WHEREFORE, Plaintiff demands damages of the Defendant, Daniel J. Parson, Jr., both individually and d/b/a Shooting the X in the amount of $10,466.99, an amount not in excess of Fifty Thousand Dollars ($50,000) together with interest and costs. COUNT II- QUANTUM MERUIT 9. Plaintiff incorporates paragraphs one through eight of its Complaint as if fully forth herein. 10. During 2010, at the request of the Defendant, Plaintiff provided duck and goose decoys to the Defendant. 11. At the Defendant's request, the Plaintiff provided Defendant with duck and decoys. As a result of Plaintiff's considerable work and effort Defendant was subject to great benefit. 12. The reasonable value of the services provided by Plaintiff to the Defendant is $10,466.99. 13. Defendant has failed to pay the Plaintiff for the duck and goose decoys It would be unjust to allow the Defendant to retain the benefits without paying Plaintiff. WHEREFORE, Plaintiff demands damages of the Defendant, Daniel J. Parson, Jr., both individually and d/b/a Shooting the X in the amount of $10,466.99, an amount not in excess of Fifty Thousand Dollars ($50,000) together with interest and costs. Respectfully submitted, Law Office of Richard W. Keifer III Richard W. Keifer III, Esquire 8 Gershom Place Dated: l,? Z Kingston, PA 18704 -491 (570)371-3851 VERIFICATION I,?;w 12.jfwrf do hereby verify that I am authorized to make this Verification on behalf of Dakota Decoys, that the foregoing document was prepared with the assistance and advice of counsel and the employees of Dakota Decoys, upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence, presently recollected and thus far discovered in preparation of this document and the prosecution of this case; and that subject to the limitations set forth herein, the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. v Dated: 6 - 20--12 EXHIBIT "A." Dakota Decay cotwpany CREDIT APPLICATION FOR A BUSINESS ACCOUNT BU5IlvESS CONTACT INFORMATION Title: c7wNeit Company norm; ?,ShoabziAe- X Phone -///-oZJSV-/7,o / Fa><:E-mail: Registered company addressi.2,g, 411eZ1 0* , City. i6A)e,+15.1e State: - ZIP Code:/?p! J Sate business commented: Sole proprietorship: / Partnership. Corporation; Other: BUSINESS A%D CREOIT IkFORMATION Primary business address: City: ?f,q,wiz /S le- State:. ZIP Corte: f 7,0 /3 How tong at current address? / V AV )%-41 telephone;W'-,75 -17er/. Fax:7j?-if&-q$,g0 E-lmail:CJ?lV ?jC?fl?tJ°? Jl°!?'t dam! Bank name: LdjcjJet'„C-tOAt/C, Bank address: d 7?'/l5Yt PJ & D•1'/r L ??`•LJQ/?/ISI,C ! Type of account Account.' number savings Checking Omer Phone= 717--d ef4- lkQ r f State: /'i " ZEP Code: Si15:Nl:SSfMDE REFERENCES Company .-tame: 1 l?BG f,p?d?< Ada s- Q e (?' rus. V ceF7 City:Vt.(1eA4 v,a Phohe:? adf- 7o3S Fax:?1.3-1gA-3S'S-0 Type of account: 67,0x°41 / Company narre:s,? e., Y Off'?o(d o f? -;;Pc Address: 4? Z? City:rq fl 4A' 1.4 Phone/ . 47V /S00 Fax: ?l3j?3?'! DI C/ _ Type of account: Company name: Address: State: es ZIP Code.. (;.I, E-mail! *14 rr/ 557.2 ® Ldr"rt:?j1`% It^`G'/ State: (:9A ZIP Code.-Foic, C .C.-r'rlai=:??r/1?e _?!/fXir?'t/??6?iC,t• ?iD? .City State: ZIP Coae: Phone: Fax: C-mail: TyDe of account: AGREEMENT 1. All invoices are to be pain 30 days from the date of the invoice. Z ?aims arising from invoices must be made within seven working days. 3. By submitting this apalication, you authorize Contoso, Ltd. to make inquiries into the bankfhs and buvnes trade references that you have supplied. r+`?? SIC,AIATllR£S Me`_ Ttle: pate: f V ' 1 i t'y Date: EXHIBIT `B." 1. {sty. AF ?p 9"GVX cscanr company Dakota Decoy Company PO Box 904 Sioux Falls, SD 57101 605-274-3800 Date Invoice# 3758 Shooting The X 233 Allen Road Carlisle: PA 17013-1403 P.O. # Terms Net 30 'Sh" To Shooting The X 145 D St. Carlisle, PA 17013-1403 Ship Date 111512010 Due Date 12,512010 www. Ada kotadecoy. corn xleirnl Desetrptt[sn QCY , Pn e Lesser Flocke... Lesser XFD, Flocked 6 Pack with Bag, item 12200 . 20 137.00 2,740.00 Lesser Painte... i Lesser 6 Pack, Painted 10:! 110.Q0 1,100.00 Floating Gana... ; X-TREME Honker Floater/6 Pack, Item #12100 10 128.00 1,280.00 Canada Flock... I XFD Flocked 6 Pack; 3 Feeders, 2 Actives. 1 Sentry, 1 5 20240 1,010,00 Bag, stern 12115 Canada X-Tre.,. •. X-TREME Canada 6 Pack, 3-Feeders, 2-Actives, 5 162.00 810.00 1-Sentry, Item #12110 S & H - LTL 4 i 80.00 320.00 I i i i 1 t i Y5'% Restocking Fee For Subtotal $7,260,00 Returned Items Safes Tax (4.0%) $0.00 Total $7,260.00 605-274-3600 Payments,' Credits S-11000.00 tim@dakotadeeoy.eom 605-274-3801 Balance Due $6,260.00 In voice OAKWA BUOY OOMPAMY Dakota Decoy Company PO Box 904 Sioux falls, SD 57101 605-274-3800 131 ?? TO i i Shooting The X 233 Allen Road Carlisle, PA 17013-1403 P.O. # Terms Net 30 Ship Dale 11i512010 Due Date 1215/2010 i ; Subtotal $4,120.00 15% Restocking Fee For Returned Items Sales Tax (4.0%) $0.00 Total $4,120.00 605-274-3800 Payments !Credits $0.00 tim@dakotadeeoy.com 605-274-3801 Balance Due $4,120.00 Invnirea 11:06 AM Dakota Decoy Company 07/11/11 Accrual Basis C ustomer Open Balance Type MTransaeggMs Memo Due Date Shooting The X Shooting The X Invoice 11x05/2010 3758 121052010 233 Allen Road Invoice 11105/2010 3759 12/052010 Carlisle. PA 17013-1403 Invoice 01/0512011 FC 553 Finance Charge 01/052011 717-254-1701 Invoice 02102/2011 FC 670 Finance Charge 02!02/2011 dan @shootingthex.com Invoice 04/0512011 FC 758 Finance Charge 04105/2011 Invoice 06109!2011 FC 835 Finance Charge 06109/2011 Total Shooting The X TOTAL Page 1 of 2 11:06 AM Dakota Decoy Company 07111/11 Accrual Basis Customer Open Balance Open Balance ?1IJnSaCtlOn3 Shooting The X Shooting The X 233 Allen Road Carlisle, PA 17013-1403 717-254-1701 dan@shootngthex.com Total Shooting The X TOTAL 7,260.00 7,260.00 4,120.00 4,120.00 14.50 14.50 13.09 13.09 29.00 29.00 30.40 30.40 11,486.99 11,466.99 11,466.99 11,466.99 Page 2 of 2 12:06 PM 65/09/12 Accrued Basis Type Shooting The X 1 nvoice I mvim Invoice Invoice Invoice Invoice Invoico Invoice Total Shooting Tha X TOTAL Date 1115/2010 11.5/2010 1/5/2011 2/2/2011 4/512011 6/9/2011 7/1412011 8/8/2011 Dakota Decoy Company Customer Open Balance All Transactions Nam Menlo Due Data 3758 121512D`0 3759 1215i2010 FC 663 Finance Char... 1/5!2011 FC 670 Finance Char... 2-'212011 FC 758 Firance Char... 415;2011 rO 835 Finance Char... 6.1912011 FC 879 Finance Chas., 7!1.112011 FC 934 Finance Char... 6;&'2011 Open Balance Amount 6260.00 7,260.00 4,120.00 4,120.00 14.50 14.50 13.09 13.09 29.00 29.0c 30.40 30.4C 16.37 16.37 11.69 11.60 10 495.05 11,495.05 1p,495.05 11,495.05 Page SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor i' G', ' 0 F' i' ! i ? . Dakota Decoys vs. Daniel J. Parson, Jr. X12 JUL 17 Ali 9: 26 r-UMBERLAND Cout w PENNSYLVANIA Case Number 2012-4172 SHERIFF'S RETURN OF SERVICE 07/11/2012 03:06 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2012 at 1506 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daniel J. Parson, Jr., by making known unto Paul Ruth, Manager of Shooting the X 233 Allen Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. IS FRY, D SHERIFF COST: $34.00 July 12, 2012 SO ANSWERS, JJ?? RON R ANDERSON, SHERIFF DAKOTA DECOYS, Plaintiff V. DANIEL J. PARSON, JR, both Individually and d/b/a SHOOTING THE X, Defendant C IN THE COURT OF COMMON PLEAOS'3fJF- CUMBERLAND COUNTY, PENNS A*k r c-n r? CIVIL - ACTION - LAW° "° c-; mc =CD r DOCKET NO.: 12-4172 5= .:. DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT AND NOW, comes Daniel F. Parson, Jr., individually and d/b/a Shooting The X and support of his answer, avers as follows: 1. Admitted. 2. Admitted. COUNT I - BREACH OF CONTRACT 3. No answer is required. 4. Denied. Strict proof of the same is demanded at trial. 5. Denied. Strict proof of the same is demanded at trial. 5. Denied. Strict proof of the same is demanded at trial. 6. Denied. Strict proof of the same is demanded at trial. 7. Denied. Strict proof of the same is demanded at trial. 8. Denied. Strict proof of the same is demanded at trial. WHEREFORE, Defendant requests judgment in his favor and against Plaintiff. COUNT II - QUANTUM MERUIT 9. No answer is required. 10. Denied. Strict proof of the same is demanded at trial. ?r in 11. Denied. Strict proof of the same is demanded at trial. 12. Denied. Strict proof of the same is demanded at trial. 13. Denied. Strict proof of the same is demanded at trial. WHEREFORE, Defendant requests judgment is his favor and against Plaintiff. Date: Aa. Q?? Daniel F. Parson, r., pro se DAKOTA DECOYS, Plaintiff V. DANIEL J. PARSON, JR, both Individually and d/b/a SHOOTING THE X, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL - ACTION - LAW DOCKET NO.: 12-4172 VERIFICATION I, Daniel F. Parson, Jr., verify that I am authorized to make this Verification and that statements made in the attached document are true and correct. I understand that false stateme made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. §4904 relating unworn falsification to authorities. Date: d4?57? n-iel Z?sonk Daniel son, Jr. i IN THE COURT OF COMMON PLEAS OF DAKOTA DECOYS, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL - ACTION - LAW DANIEL J. PARSON, JR, both DOCKET NO.: 12-4172 Individually and d/b/a SHOOTING THE X, Defendant CERTIFICATE OF SERVICE I, Daniel F. Parson, Jr., certify that I served a copy of the within Defendants Answe Plaintiffs Complaint upon the following by depositing the same in the United States N postage pre-paid, via first class delivery, addressed as follows: Richard W. Keifer, III, Esquire 8 Gershom Place Kingston, Pennsylvania 18704 Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OF I Sheriff r �11 -rHE PPOTH0 -AR" Jody S Smith Chief Deputy 20 13 MAR 20 AM 9: 44 Richard W Stewart ` CUMBERLAND cDUN Y Solicitor OFF,er OF TKE Slgkmr- PENN-SY LVA;N I A Dakota Decoys vs. Case Number Daniel J. Parson, Jr. (et al.) 2012-4172 SHERIFF'S RETURN OF SERVICE 03114/2013 11:43 AM-Stephen Bender, Deputy Sheriff,who being duly sworn according to law, states that on March 14,2013 at 1140 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant,to wit: Daniel J. Parson, Jr., both individually and D/B1A Shooting the X, in the hands, possession,or control of the within named garnishee, Cornerstone Federal Credit Union, 5 East Gate Drive, Carlisle, Cumberland County, Pennsylvania, by handing to Rebecca Orner, Customer Service 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 March 15, 2013 to Daniel Parson at 233 Allen Road, Carlisle, PA 17013 and to Shooting The X at 233 Allen Road, Carlisle, PA 17013. EPN� N B ENDER, DEPUTY SO ANSWERS, V, March 15, 2013 RbNW R ANDERSON, SHERIFF (:;.;�aunrv5uita L�rierif.Telensefi. a, ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - Jody S Smith Chief Deputy r ' 9 2013 SEP 26 PM 2: 5 1 Richard W Stewart �`-' Solicitor O FF; C T : RIFF 'CUMBERLAND COUNTY PENNSYLVANIA Dakota Decoys Case Number vs. Daniel Parson, Jr. (et al.) 2012-4172 SHERIFF'S RETURN OF SERVICE 03/14/2013 11:43 AM-Stephen Bender, Deputy Sheriff,who being duly sworn according to law, states that on March 14, 2013 at 1140 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Daniel J. Parson, Jr., both individually and D/B/A Shooting the X, in the hands, possession, or control of the within named garnishee, Cornerstone Federal Credit Union, 5 East Gate Drive, Carlisle, Cumberland County, Pennsylvania, by handing to Rebecca Orner, Customer Service 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 March 15, 2013 to Daniel Parson at 233 Allen Road, Carlisle, PA 17013 and to Shooting The X at 233 Allen Road, Carlisle, PA 17013. 09/26/2013 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: $98.60 SO ANSWERS, September 26, 2013 R-ONO R ANDERSON, SHERIFF � .�.S✓faf . �U P a &'/ //3 (c)CountySuite Sheriff,TeleosoR,Inc.