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HomeMy WebLinkAbout14-1394 Supreme Co : " . nnsylvania Coin` `o Plcottnmo Pleas For ProthoitoUvy Use only. i Docket No: '(} it Y. i ' 3 CU v ERLAN' County The information collected on this form is used solely for court administration purposes. This form does not supplemeni.orre lace the filing and service of pleadin s or other a ers. as rewired by law or rules of court. C20myiencement or Action: Complaint ❑ Writ of Summons ❑Petition. s Transfer from Another Jurisdiction ❑ Declaration of Taking Lead Plaintiffs Name: R.E. MICHEL COMPANY Lead Defendants Name:TY BERRIOS d/b /a HERMODYNAMICS, LLC I Are money damages requested? Yes Q No Dollar Amount Requested: within arbitration limits (check one) []outside arbitration limits -0' N Is this a Class A.ction Suit? UYes K No Is this an MDJAppeal? Q Yes 13 10 pp Attorn Amato Keating Name of Plaintiff/A ellant s Attom g and Lessa, P.C. Check here If you have no .attorney (are a Self- Represented [Pro Se] Litigant) Nature .of the Case Place. an ")C" to the left of the ONE case category that most accurately describes your PRRf.MARF CASE. If you are making more than one. type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional ❑ Buyer Plaintiff Administrative Agencies Malicious Prosecution ❑ ebt Collection: Credit Card El Board of Assessment Motor Vehicle Debt Collection: Other [],Board of Elections Nuisance Dept. of Transportation Premises Liability e Statutory Appeal: Other S ❑ Product Liability (does not include ❑ Employment Dispute: mass tort Discrimination (] Slander/Libel /Defamation Employment Dispute: Other] Zoning Board C::' a Other: Other: T I ❑ Other: MASS TORT Asbestos N: 0 Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS [3 Toxic Waste E] Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration Eminent Domain/Condemnation Q Declaratory Judgment B B Ground Rent Mandamus Q Landlord/Tenant Dispute B Non - Domestic Relations Q Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto Dental ❑ Partition ❑ Replevin Legal Quiet Title ❑ Other: Medical ❑ Other: Other Professional: Updated 1/1/2011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R.E. MICHEL COMPANY t, ` Plaintiff No. VS. - C7� 4 CD r TY BERRIOS d /b /a THERMODYNAMICS, - ..� ri LLC CIVIL ACTION Defendant(s) = 0 ' 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 KE LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 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 ��� 1[ 3 U/ y9b nb (610) 866 -0400 / A DEBT COLLECTION LAW FIRM n r^ S A � r � S l� O COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R.E. MICHEL COMPANY Plaintiff No. vs. TY BERRIOS d /b /a THERMODYNAMICS, LLC CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $14,386.26, with interest thereon as hereinafter stated, upon the following cause of action: 1. Plaintiff, R.E. MICHEL COMPANY , is located at One R. E. Michel Drive, Glen Burnie, MD 21060 - -649. 2. Defendant, TY BERRIOS d /b /a THERMODYNAMICS, LLC, is located at 2109 Cedar Run Drive Apt. 301, Camp Hill, PA 17011. COUNT Breach of Contract 3. At Defendant's request, Plaintiff and Defendant entered into a an agreement for the Plaintiff to provide merchandise to Defendant. A true and correct copy of the Credit Application and Sales Agreement ( "Agreement ") is attached hereto, made a part hereof, and marked Exhibit "A ". 4. Plaintiff sold to Defendant certain goods in the amount and for the prices set forth in invoice taken from Plaintiff s books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "B." 5. The prices charged for the aforesaid items are just and reasonable.and are those which Defendant promised to pay Plaintiff as indicated by Defendant's signature on the invoice. 6. Defendant ordered from Plaintiff the goods described in the invoices. 7. Defendant received said goods. 8. Defendant accepted said goods. 9. Defendant did not reject said goods. 10. Defendant has not paid Plaintiff in full for said goods. 11. 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 $10,282.85. 12. Plaintiff is also entitled to receive interest on the above amount determined by applying the agreed interest rate of 18% per annum to the past due balance, which currently totals $1,532.70. 13. Plaintiff is entitled to have the 18% interest charge continue to accrue as set forth above, from February 28, 2014 on down to the date of judgment in this matter. 14. In accordance with the Agreement, Defendant further agreed to pay_ Plaintiffs reasonable attorneys' fees incurred in the collection of any balance due Plaintiff, which currently totals $2,570.71. 15. 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 $14,386.26 together with the continually accruing interest charge at the agreed rate of 18% per annum from February 28, 2014, costs of suit and all other relief to which Plaintiff may be entitled. COUNT II Alternative to Count I - Unjust Enrichment 16. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 17. At Defendant's request, Plaintiff conferred a benefit upon Defendant by providing the goods described in the exhibits attached hereto. 18. Defendant received and accepted the benefit of said goods provided by Plaintiff. 19. 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. 20. At all times material hereto, Defendant, with the aforesaid knowledge, permitted Plaintiff to provide said goods and to incur damages. 21. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods without paying Plaintiff fair and reasonable compensation. 22. Allowing Defendant to retain the benefit of said goods without paying fair compensation would be unjust. 23. 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 $10,282.85. WHEREFORE, Plaintiff demands judgment against Defendant for $10,282.85 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from February 28, 2014, costs of suit and all other relief to which Plaintiff may be entitled. AMATO KEAT LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 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 VERIFICATION �' ►' �= L ,,. , hereby states that he /she is the f /' ! i' /;,;:,:., Plaintiff in this action, and verifies that the statements made in the attached Complaint 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. Section 4904 relating to unsworn falsification to authorities. ` } 107T Please review this a pie 1 of 5 l: PPlication orld print a caPYlor yoLr records ' � NO R.E• MICH EL C4MPA11TY, Il�C. � V k VA 1 R.E. Michel Drive • Glen Burnie, MD 21060 -6495 . (410) 760 - �-s 4000 . Fax (410) 41Z -2593 Cal �ONFIDEM RAL CREDTf APP — CATION AND SALES 1" 1 A REEMENT Account Type: Open Account Email Address: tyberrios @gmail.com We take pride In our unconditional and fuli compliance with all provisions of the Equal Credit Opportunity Act and the Fair Credit Reporting Act. The ECOA prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided'the applicant has the Capacity to enter Into a binding contract), because all or part Of the applicant's Income derives from any public assistance program or because the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with the laws concerning this credit application Is the Federal Trade Commission, Division of Credit Practices, 6th and Pennsylvania Avenue, NW, Washington, D.C. 20580. COMPANY INFORMATION Full Legal Name of corporation, partnership or sole proprietorship: Thermodynamics Lic DBA (Doing Business As) or T /A: Thermodynamics Address: 2109 Cedar Run Drive Camp Hill, PA 27011 County: Pennsylvania Phone Number: (717) 648 -0616 Fax Number: (717) 291 -3600 Date Business na /21/20 Annual Sales B_ankruotclesLLawsuits• You have ever declared bankruptcy.... No Has A company in which you have had ownership has ever declared bankruptcy.... No Are there any pending lawsuits against you or your company....No htt / /intemalweb c redit/ oreditappadmin/ CreditA •ppgstory.asp ?creditSegNmn =272 i &Acti... 4/23/2013 L< - EXHIBIT Business is: Limited Liability. Company Page 2 of S State of Xncorporation: PA f.�RSONAL iNFORMA not Officers, Partners or sole Proprietor; (Required for individuals, general partners and corporate residant agents.) Name: 7Y 13ERRIOS User ID: tyberrio Social Security #: Home Phone: (717) 648 -0616 Title: President Address: 2109 Cedar Run Drive Camp Hilt, PA 17011 BUSINESS INFORMATION Installation, Air Conditlon ng /Heat Pump Service/Installation Number of Service /Installation Trucks. 5 CREDIT INFORMATION Aff ft-KRefere Bank Business Name: Acct. Name: Checking Branch: Checking Acct. #: Street: Loan Offuer: city' Phone: State: PA zip Code: Purchase orders required...... No Tax exempt ...... No Please forward copy of certificate (required by state law) Requested credit availability, which may be increased or reduced at the sole discretion of R.I~ Michel Company, Inc.: $3,000.00 Standard Terms of Sale: Net 10th prox. (Net due 10th of month following invoice date) Trade Refers »ass http://internalweb/ credit lcredhppadmin/CreditAppOstory,asp ?cr editSegNum= 2721 &Acti... 4/23/2013 ` Page 3 of 5 TERMS AND C92DITIONS The undersigned ("Customer") hereby makes this application for credit to R.E. Michel Company, Inc., its successors, assigns, affiliated companies, divisions or subsidiaries ("Creditor), and, In making this application, Customer agrees to be bound by all of the terms and conditions contained In this Credit Application, any documents referenced in this Credit Application or any supplements. Customer agrees to pay for all purchases of goods and /or services according to the terms of Creditor. No terms or conditions different from the terms and conditions of Creditor will become part of any sales agreement, contract, purchase order or any other document, unless specifically approved, in writing, by Creditor. The undersigned agrees that all amounts payable on or before the due date, as shown on each Invoice, will be paid by said due date, and, if not paid on or. before said due date, are then deemed to be delinquent. Payments may be applied against open charges In the discretion of Creditor: It is understood that Creditor may Impose and charge a service/ finance charge or delinquency charge - calculated on the delinquent amount, at the lower of one and one -half percent (i- I/2 %) per month (18% APR), or the highest rate allowed by law. Additionally, in the event that any unpald amount is referred to a thir# party, including an attorney or a collection agency, Customer agrees to pay collection fees, calculated at the rate of twenty -five percent (25 %) of the amount placed, court.costs•and reasonable or actual attorney fees.. All accounts shall be due and payable in Baltimore, MD and the State of Maryland. Should Creditor grant Customer an open credit availability, all decisions with respect to the extension or continuation of that credit availability wilt be In the sole discretion of Creditor. Customer agrees that the continued solvency of Customer is a precondition to any sale other than for cash or certified funds made by Creditor. Customer agrees to provide Creditor, upon request, a statement representing that Customer Is and remains solvent. Creditor may terminate any credit availability at any time, within Its sole discretion. Xf an aonligation forbpsiness cr i> Is denfQ -- there is a denial of a request for an Increase in business, Customer has a right to a written statement of the specific reasons for the denial To obtain this statement Customer mast subiwi t a written re nest within sIM (69) dayq trom She notification date Creditor will thm send a written statement of the reasons for the denial, within thirty 00) days of receipt. No Item will be accepted for return without prior approval, and all returns are subject to a restocking charge. It is understood that Creditor Is a distributor of goods manufactured by others. Creditor extends any and all assignable warranties from the manufacturer of the goods. Creditor makes no warranties beyond those extended by the respective manufacturers and shall not be responsible for incidental or consequential damages. Creditor shall facilitate the bt credit /creditappadmin/CreditAppHistory.asp ?creditSegNum= 2721&Acti... 4/23/2013 • Page 4 of 5 warranty process for Customer with the • manufacturer of the goods, and Customer shall submit all warranty claims to Creditor for processing and resolution. Seller snakes no other express or implied warrant& and the foregoing Is exclusive and is in lieu of all other warranties, whether written, oral or implied, Including the warranty of merchantability and warranty of fitness for a particular purpose, Customer shall make _q careful inspection of the materials at th tint of the slelivo!3L. Customer's failure to.alve written notice of any claim within ten 110) days of delivery shall constitute an unqualified acceptance of the materials,. and a waiver of all claims M jth respect thereto In no event shall Creditor be liable for any damage due to delay of any time nor consequential, spacial or punitive damages. In the event that, from time to time, Creditor/ Seller may owe Customer credits, refunds or other monies, such Indebtedness shall be deemed to be created from this agreement and Creditor shall have the right of offset of such credits or refunds against amounts due Creditor, within its sole discretion. Customer, and any guarantors, acknowledges that any credit extended -by Creditor to Customer is business debt, and that any goods or.services sold to Customer will not be for personal, family or household use. The laws of the State of Maryland shall be applicable to all actions .arising under any agreement between the parties to this Agreement. In the event of litigation, unless otherwise determined by Creditor in its sole discretion, personal jurisdiction and venue shall be in the State of Maryland. The persons signing this application certify that they have the authority to do so, and that all Information contained herein, and in any attachment or amendment is true, correct-and complete, to the best of their knowledge and belief. I ACCEPT THE TERMS AND CONDITIONS Accepted by: Ty Berrios Title: President (corporate officer, general partner or proprietor only) The undersioned acknowledges and sarees that Creditor may utilize outside credit reporting services to obtain informatlon on the undersigned. In the event that the undersigned is fare individual fs) the Signing of this agreement shall constitute authorization to Creditor to utilize consumer credit reporting sgencles to provide reports on said Individual (s) in order to permit Creditor to appropriately evaluate the extension of anv business credit. Additionally, should any indivldual(s) gypontee the debt of the undersigned, said individual(s) shall be provided with a copy of this Credit Application, and upon the signing of said guaranty, shall consent to Creditor's use of consumer credit reporting. agencies' reports to assist in the evaluation of the credit of said guarantor(s), htip : / /intemalweb/ credit/ creditappadmin/ CireditA .ppHistory.asp ?creditSegNum 2721&Acti... 4/23/2013 Page 5 of .5 k afi Nate Without your permission to use credit reporting agencies, this application Maybe delayed. Unfortunately, trade reference sources are not always timely, or even available. 0 I AGREE FALL LEGAL Therinodymmics NAME: Uc DATA: 4/23/2013 hfp: / /intemalwob/ credit /ore( itappa&nWCreditAppl istory .asp ?creditSegNum 2721 &Acti... 4/23/2413 RUN ADATE4/30/i3 OUST PH # 717- 648 -0616 DATE: 4/30/13 OUST FAX # 717-291-3600 TIME: 3:36:47 PM ET R.E. MICHEL COMPANY INC. SALE TYPE: , C HARGE PAGE: I OF i WHOLESALE DISTRIMITORS - AIR CONDITIONING - HEATWO • RMWERATION ORDERA: 9 9 6 3 3 3 N m EGUiPME • PARTS - SUPPLIES ORDER TYPE NOR NT Service since 1935 www.remichel.com oraRe the conneerfon^ FED• I.D.fi: 52-0 PHONE: 717-236-4$71 REMIT TO: P.O. BOX 2319 BALTIMORE , MD 21203 BRANCH: R.E. MICHEL COMPANY HAR,RMURG , PA 17111 C146 WEB Y OUR • • . IS HorvlE OFFICE C 0 THERMODYNAMICS LLC H THERMODYNAMICS LLC L 2109 CEDAR RUN DR 12109 CEDAR RUN DR D CAMP HILL, PA 17011 PI HILL, PA 17011 T T 0 O INVOICE NUMBER CUSTn/AER ORDER NUMBER SALESMAN I SRI ' W TERMS: 996333 0 0 st 0 0 0 0 9 0 CPU Nee due and pr we 16th or month following data of Involea. OuanUly Ouu+tiry am* rder e4 suck Nrentwr Oasdlpibn pAN Eriewod O Ordered Shipped . rdor prin 20 20 0 1 O63 R22 30# 5.04 700.80 Web order:82686 ***T %WAPRIL H AC TOCK PROG RA A APRIL 1-30. CHECK 6LIT THE SPE IALS '% M FRE O -800-345-8t$6. DO NOT WRITE, STAMP OR y 7 OTHERWISE MARK IN THE BOX TO THE RIGHT Will- r 058075295 PLEASE SIGN & PRINT NAME BELOW Counlorpsrson: BMITCHEM I Talc Car ftwa Number Sub Total PAD001C19 $010 Tax FREIGMT Piaase Pay Ibis Amount ► TOTAL ► 82 — W9 SIN CMLY APPRE YOUR y OR THANK YOU R RERSVE doe Fon d 1t.tP�ONT e11 A A T 'O WFOAMA Om x curtREW APPLICABLE SERVICE CNAROE , �j % PER MONTH A PER ANNUM. TV HOME OFFICE COPY a EXHIBIT W Q J J Q COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW R.E. MICHEL COMPANY Gy ° -(Sol Plaintiff No. vs."� TY BERRIOS d /b /a THERMODYNAMICS, fix, LLC CIVIL ACTION Defendant(s) ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff, R.E. MICHEL COMPANY, in the above - captioned matter. AMATO KEAT a ND LESSA, P.C. By: Michael R. Lessa, Esq., Atty ID #88617 John R. Keating, Esq., Atty ID #52779 David A. Lovejoy, Esq., Atty ID #19829 Justin N. Davis, Esq., Atty ID #84464 Daniel A. Wechsler, Esq., Atty ID 4203922 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 Dated: February 28, 2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY si at elffiribely V' OF:ME OF THE SHERIFF 0-OFFi THE PROTHONJTAin' 2014 APR -2 PM 14: 13 CUMBERLAND COUNTY PENNSYLVANIA R.E. Michel Company vs. Ty Berrios d/b/a Thermodynamics, LLC Case Number 2014-1394 SHERIFF'S RETURN OF SERVICE 03/14/2014 06:17 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Ty Berrios d/b/a Thermodynamics, LLC, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as Not Found" at 2109 Cedar Run Drive, Apt, 301, Lower Allen, Camp Hill, PA 17011. Apartment is vacant and per the Camp Hill Postmaster the defendant has put his mail on hold and as of 2/20/14 is unclaimed. Deputies were advised by neighbors that the defendant is believed to be living somewhere in Hampden Township. SHERIFF COST: $61.90 SO ANSWERS, March 26, 2014 RONt4Y R ANDERSON, SHERIFF (c) CountySuite Sheriff, Telecisot, n.