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HomeMy WebLinkAbout12-4274IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON6LE0 (1F Carlisle Productions, Inc. d/b/a/ Carlisle Events CUMBERLAND COUNTY, PENNSYLVANIA' c..l vs. No. Plaintiff - Con opa Oil, LLC., CIVIL ACTION - LAW :.c == r-? Defendant ro -_? :... 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 ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS S T FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CAE 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 PLAINT?FF. 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 OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICEIET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 '? 7 A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Carlisle Productions, Inc. d/b/a/ Carlisle Events Plaintiff Conjopa Oil, LLC., vs. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA No. CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Carlisle Productions, Inc. d/b/a Carlisle Events, by and through its counsel, E. Lee Stinnett II, of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1. Plaintiff is Carlisle Productions, Inc. d/b/a Carlisle Events ("Carlisle Events") a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, located at 1000 Bryn Mawr Road, Carlisle, with a mailing address of 1000 Bryn Mawr Road, Carlisle , PA 17013 Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Conjopa Oil, LLC, an Ohio Limited Liability Corporation, with its registered office located at 9070 Ashley Road, Ashley, OH, 43003 (hereinafter referred to as "Defendant"); 3. Plaintiff operates a business which oversees national auto shows and other events held at the Carlisle Fairgrounds located in Carlisle, Pennsylvania. 4. On July 21, 2011, Defendant provided Plaintiff with a proposed formal agreement whereby Defendant agreed to purchase approximately 21,000 gallons of #2 oil, to be removedl and transported by Defendant, located at Carlisle Event's plant at 50 Spring Road., Carlisle, PA 17013 (the "Agreement"). A true and correct copy of the Agreement is attached hereto as Exhibit "'A" and is incorporated herein by this reference. 5. An executed copy of the Agreement was provided to Defendant on or about July 2?, 2011. 6. The Agreement set the purchase price for the Product at $1.36 per gallon and required that Defendant make payment within thirty (30) days of removal. 7. Acting in furtherance of the Agreement, Defendant conducted an inspection of tie tank and oil on or about August 10, 2011.. 8. Defendant returned to pump the oil from the tank on or about October 3. 2011. 9. Defendant took possession of the oil and removed it from Plaintiff's property on oj• about October 3, 2011. 10. Defendant failed to make payment within thirty (30) days of removal of the oil as required by the Agreement. 11. Defendant's failure to make payment as required by the Agreement between the parties constitutes a breach of contract. 12. Pursuant to the terms of the Agreement, the balance due and owing to Plaintiff by Defendant is the sum of Twenty-Fight Thousand, Five Hundred Sixty Dollars and d0/100 ($28,560.00). 13. Defendant's failure to make the required payment under the Agreement has caused damage to the Plaintiff. 14. Plaintiff sent a certified letter to Conjopa Oil on March 9, 2012, demanding payment for the amount owed within thirty (30) days. 15. Rex J. Payne, authorized agent of Defendant, received and signed the return receipt for the certified letter on March 14, 2012. A true and correct copy of the certified letter and returnlreceipt are hereto attached as Exhibit "B" and incorporated herein by this reference. 16. Although demand has been made, Defendant has failed to make payment of the mount owed. IT Defendant has at no time disputed the amount due. COUNT I - BREACH OF CONTRACT 18. Plaintiff incorporates by reference the averments in Paragraphs 1 - 17 as if fully s?t forth herein. 19. Plaintiff has fulfilled all duties, obligations and conditions precedent with reg?rd to enforcement of the Agreement. 20. As set forth in detail above, Defendant has substantially and materially breached the terms i of the Agreement by failing and refusing to make payment of money owed under the Agreemen?. 21. Defendant's breach of its obligations under the Agreement caused Plaintiff to suffer damages. 22. Despite demand, Defendant has failed and refused to remedy its breach of the Agreement. 23. Plaintiff has, and will continue to, suffer substantial monetary damages in the amollint of Twenty-Eight Thousand Five Hundred Sixty Dollars and 00/100 ($28,560.00) as a result of Defendant's breach of the Contract as set forth above. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Twenty-Eight Thousand Five Hundred Sixty Dollars and 00/100 ($28,560.00), together with interest and costs. COUNT II - UNJUST ENRICHMENT 24. Plaintiff incorporates by reference the averments in Paragraphs 1 - 23 as if fully set forth herein. 25. Plaintiff is entitled to recover the unpaid monies from Defendant in order to Orevent Defendant from being unjustly enriched. 26. Defendant unjustly and wrongfully received and accepted the oil tank containing oil valued at approximately Twenty-Eight Thousand Five Hundred Sixty Dollars ($28,560.00) without making payment to Plaintiff. 27. Plaintiff was entitled to receive payment for the oil contained in the oil tank. 28. It would be unjust for Defendant to retain the benefits of the unpaid monies because the retention of those benefits would unjustly deprive Plaintiff of significant funds which they are entitled to receive. 29. It would be inequitable for Defendant to retain the benefits of the unpaid monies because the retention of those benefits would unjustly deprive Plaintiff of significant funds which they are entitled to receive. 30. It would be unconscionable for Defendant to retain the benefits of the unpaid monies because the retention of those benefits would unjustly deprive Plaintiff of significant funds which they are entitled to receive. 31. If Defendant were permitted to retain the benefit of the unpaid sums due to Plaintiff, Defendant would be unjustly enriched in the amount of 'Twenty-Eight Thousand Five Hundred,, Sixty Dollars and 00/100 ($28,560.00). WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Twenty-Eight Thousand Five Hundred Sixty Dollars and 00/100 ($28,560.00), together with interest and costs. COUNT III - QUANTUM MERUIT 32. Plaintiff incorporates by reference the averments in paragraphs 1 - 31 as if fully sO forth herein. 33. Plaintiff conferred a benefit in the amount of Twenty-Eight Thousand Five Hundred Sixty Dollars and 00/100 ($28,560.00). 34. Defendant accepted and retained such benefit. 35. The fair and reasonable value of the oil not previously paid for by Defendant is Twenty- Eight Thousand Five Hundred Sixty Dollars and 00/100 ($28,560.00)„ 36. Despite Plaintiff's reasonable demands, Defendant has failed to pay the sum of Twenty- Eight Thousand Five Hundred Sixty Dollars and 00/100 ($28,560.00) to Plaintiff. WHEREFORE, Plaintiff prays this Honorable Court to enter judgment in favor of Plaintiff and against Defendant in the amount of Twenty-Eight Thousand Five Hundred Sixty Dollars and 00/100 ($28,560.00). EXHIBIT A From:Carlisle Productions 7172430255 Conjopa OR 9070 Ashley Rd. Ashley, OH 43003 Office 740-747-2845 Cell 614-316-0059 Fax 740-747-1715 rexO, coniopa.com 0612012012 09:06 #601 P.004(005 July 21, 2011 Mr. Tim Bowman Carlisle Events 1000 Bryn Mawr Road Carlisle, PA 17013 Mr. Bowman, This is a formal agreement between Carlisle Events (seller) and Conjopa Oil (buyer) for the purchase of the #2 oil at the plant located at 50 Spring Rd., Carlisle, PA 17013. uantit : Approximately 21,000 U.S. gallons. ualit : As is, where is. Loading and Transportation: Buyer or Buyer's designee will provide all necessary' transportation and equipment. Price: $1.36 per gallon. Payment Terms: 30 days after removal. Removal and Tank Cleaning: Within 30 days after receipt of signed agreement. Pg1of2 From:Carlisle Productions 7172430255 0612012012 09:06 #601 P,0051005 Cost of Tank Cleaning: The storage tank will be cleaned after removal of the oil at no charge to Carlisle Events. Determination of Quantity: Quantity of oil shall be determined by certified markers in the tankers. Disposition of Tank: Conjopa Oil will be responsible for the removal of the tank from Carlisle Events property. Additional Terms of Agreement: Conjopa Oil will comply with all applicable environmental, OSHA, DOT, State, Local, Federal guidelines and laws, during the removal and transportation of the oil, and the cleaning and removal of the tank. Submitted by: Accepted by: Carlisle Events -55, July X4, ?,O 1 Rex Payne Conjopa Oil LLC EXHIBIT B 79 St. Paul Drive • Chambersburg, PA • 17201 • (717) 263-2121 • Fax: (717) 263-0663 ALZMANN 354 Alexander Spring Rand • Suite 1 • Carlisle, PA 17015 • (717) 249-6333 • Fax: (717) 249-7334 •?• 239 B E. Main St. • Waynesboro, PA • 17268 (717) 762-3170 . Fax: (717) 762-0988 105 N. Front St. • Suite 4 401 • Harrisburg, PA • 17101 • (717) 239-6700 • Fax: (717) 249-7334 Sf-TGHES ttorneys at Law F:XPERIENCF INTEGRITY - INNOVATION E COPY *Please reply to',Carlisle Office March 9, 2012 VIA CERTIFIED MAIL, RETURN RECEIPT REOUESTED Rex Payne Conjopa Oil, LLC 9070 Ashley Road Ashley, OH 43003 RE: Carlisle Events/Payment Due in the Amount of $28,560 Dear Mr. Payne: Please be advised that this office represents Carlisle Events. Our client has referred to us for immediate collection your substantially past due payment in the amount of $28,560. Demand is hereby made for payment of such sum to our office within thirty (30) days from the date of this letter. Unless you notify this office within the thirty (30) day time period that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. If requested within thirty (30) days, we will mail to you documentation verifying the debt. In the event that you fail to contact us or make payment in full within thirty (30) days, we will have no recourse but to recommend litigation of this matter. ANY LETTERS FROM THIS FIRM ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sincerely, ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Scott: T. Wyland, Esq. Charles E. Zaleski, Esq. Kurt E. Williams, Esq. Samuel E. Wiser, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. Stephen E. Patterson, Esq. Nancy H. Meyers, Esq. Patricia R- Brown, Esq. SALZMANN HUGHES, P.C. Lee Stinnett II E. Lee Stinnett II, Esq. Tiffany M. Cartwright, Esq.; Bradley 1. Betack, Esq. Eric K. Grugel, Esq. Laura Rebecca Ables, Esq. George E Douglas, III, Esq. Ann F. DePaulis, Esq. William W. Thompson, Esq. Rebecca R. Hughes, Esq. David H. Martineau, Esq. ,' TW%N SALZ?MANN HUGH ES.COM ¦ Complete items 1, 2, and 3. Also complete A. Signat item 4 if Restricted Delivery is desired. X ) ?? Aged' ¦ Print your name and address on the reverse O?Cddress so that we can return the card to you. eceiv Prinf Name) C. Date of Relive ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is de ivery address Brent f om rtem 1? C1 Yes 1. Article Addressed to: If YES, enter delivery addre?s below: ? No .?`tiyV1G' CoV13of /-, 0 l)u-C cert Type ,u .i (o 3. Service 6 /p'?Certified Mail ? Exp s Mail (( ? Registered ? Retu n Receipt for Merchandi; ?}H 11 ? Insured Mail ? C.o. . 4. Restricted Delivery? (Extra F ,.v) ? Yes 2. Article Number (Transfer from service label) 7003 1010 0001 1189 216 Ps Form 3811, February 2004, Domestic Return Receipt 102595-02-M-t: VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to he best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities Carlisle Productions, Inc. Date: - °A - f 2_ By: