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HomeMy WebLinkAbout04-5659IMAGE FIRST UNIFORM RENTAL SERVICE, INC., IN THE COURT OF COMMON PLEAS Formerly Known As, NIXON UNIFORM RENTAL CUMBERLAND COUNTY, PENNSYLVANIA SERVICE, INC. Plaintiff V. NO. bq -- s' 'sy 2LULc` rte.,, RODNEY K. HOUGH, MD Defendant CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 IMAGE FIRST UNIFORM RENTAL SERVICE, INC., IN THE COURT OF COMMON PLEAS Formerly Known As, NIXON UNIFORM RENTAL CUMBERLAND COUNTY, PENNSYLVANIA SERVICE, INC. Plaintiff V. NO. d LI - S& S? l RODNEY K. HOUGH, MD Defendant CIVIL DIVISION - LAW COMPLAINT The Plaintiff, IMAGE FIRST UNIFORM RENTAL SERVICE, INC. f/k/a NIXON UNIFORM SERVICE, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of SEVEN THOUSAND, FOUR HUNDRED FIFTY-ONE DOLLARS AND SEVENTY-FOUR CENTS ($7,451.74), along with interest thereon from August 1, 2004 upon a cause of action of which the following is a statement: The Plaintiff, IMAGE FIRST UNIFORM RENTAL SERVICE, INC. f/kla NIXON UNIFORM RENTAL SERVICE, INC., is a corporation organized and existing under the laws of the State of Delaware, having its principal office and place of business at 21 East Clay Street, Lancaster, Lancaster County, Pennsylvania 17602.. 2. The Defendant, RODNEY K. HOUGH, MD, is an adult individual residing at 49 Brookwood Avenue, Carlisle, Cumberland County, Pennsylvania 17017-9159.. Defendant did enter into a three year Service Contract with Plaintiff for the cleaning of uniforms. A true and correct copy of the Service Contract is attached hereto, marked Exhibit "A" and made a part hereof. 4. The prices charged for said services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. F:\USEWSTACY\CCP COMPLAINTS\WORK\IMAGEFIRST30477.wpd:24SepO4 Defendant breached their Contract for failing to make payments and the Contract was terminated and the remainder of the three year contracted was calculated according to the terms of the Contract for a total amount due and owing on the Contract of Two Thousand, Two Hundred Twenty-Nine Dollars and Seventy Cents ($2,229.70) as appears by Plaintiff's Invoice hereto attached, marked Exhibit "B" and made a part hereof. 6. The balance due and owing by Defendant to Plaintiff is the sum of Four Thousand, Two Hundred Fifty-Two Dollars and Seventeen Cents ( $4,252.17), as appears by Plaintiff's Statement of Account hereto attached, marked as Exhibit "C" and made a part hereof. Due to the default of Defendant, and pursuant to the terms and conditions of the Service Contract executed by Defendant attached at Exhibit "A", attorney's fees in the total amount of Nine Hundred Sixty-Nine Dollars and Eighty- Seven Cents ($969.87) have been added to said account. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of SEVEN THOUSAND, FOUR HUNDRED FIFTY-ONE DOLLARS AND SEVENTY-FOUR CENTS ($7,451.74), along with interest thereon from August 1, 2004. Respectfully submitted, KNUPP, K IMBL , P.C. Robert D. Kodak 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff FXSEMSTAMCCP COMPLAINTS\WORK\IMAGEFIRST30477.wpd:08NovO4 3 Oct• 2' 2003 9:31AM Imase First 711-397-1793 No,2227 P. 1 V.NO. To PotaW Fax Note 7871 oe? O } ._Ia $4' DATE POSTED 4EWACCT.,R-**' PHONr-; c iDept. Co. CHECKED AP NTACT ? / n! A Phone P.Q. # 1 FILE # K RENEWAL A' .I NAME R4P&Ex .4-1 Ott C- N ME, CODE ?'?.Q©-•? z, i ORDER !mac //'' ? ?-10O-e W 10 91 l}..LI. ADDRESS DA78- ? _O I FIRST CITY & ST, ('/f ?. _ ? 1__ ?- j?'?- = m ST. ? ? pN PRx T RM OF UNIT FR ;s yYjti?t4Y ft0 NO. 01iGH1 MN C00.9 ff" m FBWEl:it TOTAL, i ?. o rrgYrl l`' Rm2v X13. ?4 _ I C , - I UIVS>• FLATRATE 4 i CO, EMS. PER PC. UN COLOR SIZE PRICE ? FILLED- I NAIF PM9_ PER PG. HAMPER MOXS ? CHECKED (3AiildEAif NAKEtlP Cr1G. PEB CHECKED WALK C9 MAT Y - DELIVERY DATE CLOD, NET 1a a-O.M- WALK OFF MAT NO. Or PAWS I NIXON UNIFORM IRMNTAL SMV4= c, INC. =Red Company. hereby agrees to suppiy,'and ow underslpned custornar agron as nett Cie abava k*= on the fdlcwlna 1 mint. All itonts A namaan the properly of the Company, and the customer agrees to return such Items en demand. The awttolner agnaea to be rasponslW% for arty Snas tit dosmzdan of such items except as it result of Donnas wow, and to par therefore, at prevdIngatustomVt =4 late an allowerroe of =% for deprecWan of sold ? ga?ments. The &mpany "me to pick up solie4 gwmento and deliver them heahly doAf ". In good weamble cortdtion weekly, Any kems wan beyond repair will be repi.ead. The de4fon of ma apse and Typo of perment used fa personal protaodve aurvow has been mods by tie a,stomer. We make no mpma laclona thtt the luld reslatgrft p monlo or any of Ne Atha products demufbad him in wlll Dmvlde;orhplpte proceadon from esposum to aanwninanrs or wit $Rhlr % the risk of mnvau6ng nhM*"x dtaeaw- The customer acsmvwWva that the 9grtnttttta ratted under Me agrwmoM are for general pwgeasa and om not 4dWSW or Ineendod far use In anras of ftakarab" rfak or w tare aat?tat'tl11tA (4rlRtfoe aaurtae is poeatbia The length of tfds Mont to for o "We frM,dut date of the rust dalkery, and thar"hi for a year pericda utdaas mocelred by elOw paft to wridn . at Itaat 90 days prior io any mminadon dad. The wins of Uds agreement shad apply as WWI toad utbarguent increases or sddidms to such service. Theft wai be i mdrimum weeky bills iQ of 80% of Ihin agreement value or 80% of the 6ament inYolas amount wnichavor is greater. Customer may dlawninuo ssMpo at anydme provided d'to Custamor pays to the Company the =rant mdtdmtmtt limes the wraining number of weeky on the aaroornont, and fD pay =rnoy toes of Ts% and coals nesemmy to aRact ao*gdori of Miles due, OA Or about vach arniverwy date of this sgreament the pitta In effect may da Inaeaaoo an amount rat loop than to Increase of the consumer pelts Inciax tw iho previous twelve month perlrld. A Ilnanea ahettfs of 1 14% per month, which Is equal to 1t% toe year, Wig be Added w all 1wancox not paid widnrn WMT. N Gredlt terms on Mowed, watomar agrees w rtmn balance 4ue to CampmY mlddn 10 days after fhe end of the month that sold Invoteea ere dated. TMa agm4mant shall tra binglnp upon prevent and or future Owners of Company and Cuetow Customer hereby warrants vtat them are no wmtm s in *xbtsnoe wh'h other texos ronial wriparies for the same :ervke. NIXON MEDICAL WEAR CUSTOME8'9 NAME. 4.1- .- . &.= c(,-v% 't y H , AUTHOGrM SIGNATURE C""00 BY cr.? - ( C Af ft Tt g R E 'd 9?8tr?_?N ij 62em1 NlHZ8:8 trp0Z '8 'ley TUC I`91•I 1?? 0 ' 2 01; <1 [tflglt.. .; ?L y?? }? i j. t' I I R ' '+-h m '? c? aryl{ l? ?7^0? ?`;, ' . • 'R }T? J ?? t ??? Y•?r '1 ! ?Hi yyM??G.' hN . t ?-{ ' ,? •I?J ? ? P J N• ?7 Ul 1jS'i'1 if' ?' +eRk1?M ,.?,%v lj10. n M ;rl li is ?a "• hi .+ .? .? t7 0 t? _ v CO Q- a. W r,l; i? #rb i!.) t +•t+ h}'+t? i.U rf• ?siq_^ °.:, rl 42 .. 1 y j" My arr. a: G. L: w ? { .. r•.• r?+ ;?7 W. ' ._ .: • _ ; ? ? ,[il ? ?•. ?f i-. n{r.} ? •? 'trio ?y m?c• ? Q a. r'? -.. - t .:IJJ 7 1S NM 9.4 •!!."?? r ? 1el W '?pI?t I.li1; ' G '4?tl tit i 2 j?? 51N %i' iii ?t" . J ':1 i.. ;t? ;, ;• X11, 13 m pi aW {rat W /?Mt fw. 9 fj ?l } - • ? ? •??;:? qtr: •? ti ? C {'.a -? ? -x•i r tr M ?i w f? R G+ ?? a:a „? b® n D w '04 ¦• i J 14, s1 ?Y, ' • s II -i 73 I m 0.0. t? c r .. • g m t4 I r rd i 'Gd ?6L1-Lb,-llL_?sold aapW? .. WN E 9 X00°W Accounts Receivable : Customer Inquiry (A)DR RODNEY HOUGH 49 BROOKWOOD AV Company -Number 1 CHARGE, Cust/Inv Number DRROD0I0 50D019 CARLISLE PA 17017-9159 Date Document PO Number Type Age Amount Paid Balance 8/21/03 1550044 I 348 116.13 0.00 1843.92 ?Z10/02/03 1561582 I 306 178.55 0.00 2022.47 310/03/03 1562663 1 305 2229.70 0.00 4252.17 .-SEP 24 '04 03:52PM KNUPP & KODAK PC P.5 i VERi FICATION (name) (title) of IMAGE FIRST UNIFORM RENTAL SERVICE, INC. f/k/a NIXON UNIFORM RENTAL SERVICE, INC., verify that i the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa. C. S. §4904, relating to unsworn falsification to authorities. Dated- 1Q/ OA / ®t IMAGE FIRST UNIFORM RENTAL SERVICE, INC. f/k/a NIXON UNIFORM RE S CE, INC ay: i Title; I i I 30477 i F-\USER\STACY\CCP COMPLAINTS\WORK\IMAGEFIRST3Q477.wpd•03ScpO4 OCT 2 8 20®4 7J- _ Jam' A: .- C .k. 4r? C...? ? t t 'r. U SHERIFF'S RETURN - REGULAR CASE NO: 2004-05659 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IMAGE FIRST UNIFORM RENTAL VS HOUGH RODNEY K MD DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HOUGH RODNEY K MD was served upon the DEFENDANT , at 1522:00 HOURS, on the 15th day of November , 2004 at 49 BROOKWOOD AVENUE CARISLE, PA 17013 by handing to BEVERLY A SAPHORE, OFFICE MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.70 Affidavit .00 Surcharge 10.00 .00 31.70 So Answers: R. Thomas Kline l 11/17/2004 TKnTTTPP KODAK IMBLUM Sworn and Subscribed to before me this day of h ,LUO'? A.D. By ? Deputy Sheriff P/rothonotary Curtis R. Long Prothonotary office of the Protbonotarp Cutnberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor Ing - SG 59 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573