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HomeMy WebLinkAbout14-4406 r� r Supreme Couy►r`nodPennsylvania COui'» OIr;l,oinmon leas For Prothonotary Use Only: ,. C01 Cove Sheet �, ;��--• '-� Docket No: Cumberland" County (u(,'TeM The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S DX Complaint 0 Writ of Summons Petition 0 Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T Consumer Product Distributors Inc. d/b/a/J. Polep Distrib. Express Mart, Inc.d/b/a S&S Mart Partners I Are money damages requested? 'X Yes No Dollar Amount Requested: Elwithin arbitration limits (check one) Doutside arbitration limits N Is this a Class Action Suit? 0 Yes [D No Is this an MDJAppeal? [3 Yes El No A Name of Plaintiff/Appellant's Attorney: Rebecca L.Trela, Esq.;Wilson, Elser, Moskowitz, Edelman&Dicker LLP 0 Check here if you have no attorney(are a Self-Represented 111'ro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY 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 0 Intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection:Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection:Other Board of Elections 0 Nuisance Account Stated Dept.of Transportation 0 Premises Liability g Statutory Appeal:Other S 0 Product Liability(does not include M_ Employment Dispute: E mass tort) C El 0 0 Slander/Libel/Defamation Discrimination Other: Employment Dispute:Other Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco 0 Toxic"fort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste 0 Other: 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/7/2071 r� 1 CONSUMER PRODUCT DISTRIBUTORS, INC. : D/B/A J. POLEP DISTRIBUTION SERVICES : 705 Meadow Street, Chicopee, Massachusetts, Plaintiff CUMBERLAND COUNTY V. COURT OF COMMON PLEAS EXPRESS MART, INC. d/b/a S & S MART CIV. ACTION--LAW PARTNERS 302 N York Street No. 44L* Mechanicsburg, Pennsylvania 17055 e-y C= . and •Qa rn ca C= rr- rn � rM .,r*s INDERJIT SINGH CA aco : 201 Carriage Blvd. Pittsburgh, Pennsylvania 15239, ; : —� 1'- _ Defendants. NOTICE TO DEFEND NOTICE AVISO You have been sued in court. If you wish to defend against the claims Le ban demandado a usted en•la corte. Si usted quiere defenderse de set forth in the following pages, you must take action within (20)days estas demandas expuest6is en las paginas siguientes, usted tiene viente after this complaint and notice are served, by entering a written (20)dias de plazo al partir de la fecha de la demanda y la notificaci6n. appearance personally or by attorney and filing in writing with the court Hace falta asentar una comparaesencia escrita o en persona o con un your defenses or objections to the claims set forth against you. You are abogado y entregar a la corte en forma escrita sus defensas o sus warned that if you fail to do so,the case may proceed without you and a objectiones a las demandas en contra de su persona. Sea avisado que si judgment may be entered against you by the court without further notice usted no se fefiende, la corte tomard medidas y puede continuar la for any money claimed in the complaint or for any other claim or relief demanda en contra suya sin previo aviso o notificacibn. AdemAs,la corte requested by the plaintiff. You may Lose money or property or other puede decidir a favor del demandante y requiere que usted cumpla con rights important to you. todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE FIND OUT WHERE YOU CAN GET LEGAL HELP. DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA CUMBERLAND COUNTY BAR ASSOCIATION ESCRITA ABAJO PARA AVERIGUAR DODE SE PUEDE 32 BEDFORD STREET CONSEGUIR ASISTENCIA LEGAL. CARLISLE,PENNSYLVANIA CUMBERLAND COUNTY BAR ASSOCIATION 717-249-3166 32 BEDFORD STREET CARLISLE,PENNSYLVANIA0 717-249-3166 !13.75 AD 309087 874064v.2 WILSON,ELSER,MOSKOWITZ, EDELMAN& DICKER,LLP Kenneth L. .Racowski,Esquire(I.D.No. 90514) Rebecca L. Trela, Esquire(I.D.No. 313555) The Curtis Center, Suite l 130 East Independence Square West Philadelphia, PA 19106 Attorneys for Plaintiff Phone: 215.627.6900 J. Polep Distribution Services CONSUMER PRODUCT DISTRIBUTORS, INC. D/B/A J. POLEP DISTRIBUTION CUMBERLAND COUNTY SERVICES COURT OF COMMON PLEAS Plaintiff CIV. ACTION--LAW V. No. EXPRESS MART, INC. d/b/a S & S MART PARTNERS and INDERJIT SINGH, Defendants. Consumer Product Distributors, Inc. d/b/a J. Polep Distribution Services hereby files the enclosed Complaint against Defendants Express Mart, Inc. d/b/a S & S Mart Partners and Inderjit Singh, and avers as follows: 1. Plaintiff Consumer Product Distributors,. Inc. d/b/a J. Polep Distribution Services ("J. Polep" or "Plaintiff') is a business corporation organized and existing under the laws of the Commonwealth of Massachusetts, with a place of business at 705 Meadow Street, Chicopee, Massachusetts, 0 10 13. 2. J. Polep sells and distributes beverages, candy products, snack products and other goods to convenience-type stores and gas stations in Pennsylvania, among other places. 3. J. Polep is an authorized dealer and wholesaler of tobacco products and candy, confections, snacks, toiletries, and other "convenience-store" type products (hereinafter 874064v.2 collectively referred to as the "Products") and regularly engaged in the sale and distribution of such Products. 4. Upon information and belief, Defendant.Express Mart, Inc. d/b/a S & S Mart Partners (hereinafter "Express Mart") is a business:corporation organized and existing under the laws of the Commonwealth of Pennsylvania with a place of business at 302 N York Street, Mechanicsburg, Pennsylvania 17055. 5. Upon information and belief, Defendant Inderjit Singh ("Singh") is a resident of the Commonwealth of Pennsylvania and resides at 201 Carriage Blvd., Pittsburgh, Pennsylvania 15239. 6. Upon information and belief, Singh is the Chief Executive Officer and/or owner of Express Mart. 7. Upon information and belief, at all times relevant, Express Mart regularly engaged in the purchase and sale of the Products from J. Polep. JURISDICTION AND VENUE 8. . This Court has jurisdiction over Defendant Express Mart pursuant to 42 Pa. C.S.A. § 5301(a)(3)(i) because Express Mart is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania. 9. This Court has jurisdiction over Defendant Singh pursuant to 42 Pa. C.S.A. § 5301(a)(1)(ii) because Singh is domiciled within this Commonwealth. 10. Venue is appropriate in this Court pursuant to Pa. R. Civ. P. 2179(a)(1) because Express Mart's registered office is within Cumberland County and pursuant to Pa. R. Civ. P. 1006(a)(1) because a transaction or occurrence took place in Cumberland County out of which Plaintiff's causes of action arose. 2 874064v.2 COUNT I—BREACH OF CONTRACT 11. J. Polep repeats and realleges each and every allegation set forth in paragraphs "1"through"11" as if fully set forth herein. 12. On December 11, 2013, Singh, on behalf of Express Mart, executed a "Credit Application, Security Agreement & Personal Guarantee" (the "Agreement") (a copy of which is attached hereto and incorporated herein as Exhibit"A"). 13. The Agreement and the invoices from J. Polep set forth the terms of the business relationship between J. Polep and Express Mart, and provided that Express Mart could purchase Products from J. Polep on credit. 14. The terms of the Agreement were mutually agreed to by the parties, and are supported by good and valuable consideration. 15. The Agreement is a valid, binding and enforceable contract between J. Polep and Express Mart. 16. J. Polep has fully performed all of its obligations under the Agreement. 17. On or about December 19, 2013, Express Mart ordered certain Products from J. Polep for the total price of Five Thousand Eight Hundred Thirty Two and 00/100 ($5,832.00) Dollars (a copy of the account statement reflecting such purchase is attached hereto and incorporated herein as Exhibit"B"). 18. J. Polep delivered said Products to Express Mart, and invoiced Express Mart for such Products. 19. Express Mart has not objected to the Products delivered. 3 874064v.2 20. On or about December 26, 2013, Express Mart ordered Products from J. Polep for the total price of Five Thousand Twenty and 10/100 ($5,020.10) Dollars (see Exhibit"B"). 21. J. Polep delivered said Products to Express Mart, and invoiced Express Mart for such Products. 22. Express Mart has not objected to the Products delivered. 23. Thereafter, on or about January 2, 2014, Express Mart ordered additional Products from J. Polep for the total price of Three Thousand Five Hundred Thirty Seven and 34/100 ($3,537.34) Dollars (see Exhibit `B"). 24. J. Polep delivered said Products to Express Mart, and invoiced Express Mart for such Products. 25. Express Mart has not objected to the Products delivered. 26. Lastly, on or about March 24, 2013, Express Mart was charged the total price of One Hundred Twenty and 00/100 ($120.00) Dollars for totes that were not returned to J. Polep (see Exhibit `B"). 27. J. Polep delivered said Products to Express Mart, and invoiced Express Mart for such Products. 28. Express Mart has not objected to the Products delivered. 29. Additionally, Express Mart submitted an electronic funds transfer for Products previously delivered in the sum of Six Thousand Four Hundred Twenty-Nine and 04/100 ($6,429.04) Dollars. However, Express Mart's payment did not clear and accordingly such sum was added back to the account on December 27, 2013. Express Mart remedied a portion of the 4 874064v.2 invalid EBT submitting two payments against this returned EBT, one for Three Thousand ($3,000.00) Dollars on January 15, 2014 and another for Two Thousand Three Hundred ($2,300.00) Dollars on January 24, 2014. However, this left an outstanding balance on the return of the sum One Thousand One Hundred Twenty-Nine and 04/100 ($1,129.04), which was billed back to the account on December 27, 2013 (see Exhibit"B"). 30. At this juncture, Express Mart has a total balance due and owing to J. Polep of Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars (see Exhibit`B"). 31. Despite demands from J. Polep, Express Mart has failed to make payments for all the Products delivered. 32. As a result, Express Mart is indebted to J. Polep in the amount of Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars. 33. In addition, pursuant to the express terms of the Agreement, Express Mart is also obligated to pay to J. Polep a late penalty of 1.5% per month for the unpaid account balance (see Exhibit"A"). 34. Further, pursuant to the express terms of the Agreement, J. Polep is entitled to recover from,Express Mart "collection costs and attorney's fees," and Plaintiff respectfully requests judgment for this sum in an amount to be determined at trial (see Exhibit "A"). WHEREFORE, Plaintiff demands judgment against Defendants Express Mart, Inc. d/b/a S & S Mart Partners and Inderjit Singh, as follows: (i) Awarding Plaintiff damages in an amount to be determined, but no less than Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars; (ii) Awarding interest and service fees at a rate of 1.5%per month (18% annually) for the unpaid sums; (iii) Awarding Plaintiff attorneys' fees, costs and disbursements of this action pursuant to the agreement; and 5 874064v.2 (iv) Granting Plaintiff such other relief as the Court deems just and proper. COUNT II—ACCOUNT STATED 35. J. Polep repeats, re-alleges and incorporates by reference each and every allegation set forth in paragraphs "1"through "34" as if fully set forth herein. 36. Express Mart is indebted to J. Polep for the unpaid balance of the debt for the Products. The unpaid balance due and owing to J. Polep is Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars. 37. J. Polep provided invoices and statements to Express Mart evidencing such outstanding debt (see Exhibit"B"). 38. Express Mart has not disputed said statements of account. 39. To date, Express Mart has failed to pay the amounts due, as stated in said account. 40. Accordingly, an account has been stated between J. Polep and Express Mart in the amount of is Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars, plus service and interest charges, attorneys' fees, and collection costs. WHEREFORE, Plaintiff demands judgment against Defendants Express Mart;Inc. d/b/a S & S Mart Partners and Inderjit Singh, as follows: (i) Awarding Plaintiff damages in an amount to be determined, but no less than Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars; (ii) Awarding interest and service fees at a rate of 1.5%per month (18% annually) for the unpaid sums; (iii) Awarding Plaintiff attorneys' fees, costs and disbursements of this action pursuant to the agreement; and (iv) Granting Plaintiff such other relief as the Court deems just and proper. 6 874064v.2 COUNT III—UNJUST ENRICHMENT 41. J. Polep repeats, re-alleges and incorporates by reference each and every allegation set forth in paragraphs "1"through"40" as if fully set forth herein. 42. In the event that it is judicially determined that no contractual relationship exists between the parties, the truth of which is vehemently denied, then Express Mart has been unjustly enriched by the receipt and use of the Products, to the detriment of J. Polep, to which no corresponding benefit was given for its sale and supply of the Products to Express Mart. 43. Under the circumstances, it would be unjust and inequitable to allow Express Mart to retain said benefits without making fair and reasonable restitution to J. Polep. 44. Accordingly, Plaintiff demands quantum meruit from Express Mart in the amount of is Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars, plus interest. WHEREFORE, Plaintiff demands judgment against Defendants Express Mart, Inc. d/b/a S & S Mart Partners and Inderjit Singh, as follows: (i) Awarding Plaintiff damages in an amount to be determined, but no less than Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars; (ii) Awarding interest and service fees ata rate of 1.5%per month (18% annually) for the unpaid sums; (iii) Awarding Plaintiff attorneys' fees, costs and disbursements of this action pursuant to the agreement; and (iv) Granting Plaintiff such other relief as the Courtdeems just and proper. .COUNT IV—BREACH OF CONTRACT 45. J. Polep repeats and realleges each and every allegation set forth in paragraphs "1"through "44" as if fully set forth herein. 7 874064v.2 46. In conjunction with the Agreement, Singh signed a "Personal Guaranty," (the "Guarantee") on December 11, 2013, by which he agreed to be individually responsible for the outstanding debt of Express Mart (see Exhibit"A"). 47. By signing the Guarantee, Singh agreed to personally guarantee and answer for all the debts of Express Mart owed to J. Polep. Additionally, Singh agreed under the Guarantee to pay "any and all finance charges, cost of collection and reasonable attorneys' fees" incurred as a result of Express Mart's non-payment (see Exhibit"A"). 48. J. Polep has demanded that Singh pay the debts Express Mart owes to J. Polep. 49. Singh has refused to pay the debts Express Mart owes to J. Polep. 50. Accordingly, Singh has breached the Guarantee. 51. Accordingly, judgment should be entered against him, holding him personally liable for all sums owed by Express Mart pursuant to the Agreement, in the amount of Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars, plus service and interest charges, attorneys' fees, and collection costs. WHEREFORE, Plaintiff demands judgment against Defendants Express Mart, Inc. d/b/a S & S Mart Partners and Inderjit Singh, as follows: (v) Awarding Plaintiff damages in an amount to be determined, but no less than Fifteen Thousand Six Hundred Thirty Eight and 48/100 ($15,638.48) Dollars; (vi) Awarding interest and service fees at a rate of 1.5% per month (18% annually) for the unpaid sums; (vii) Awarding Plaintiff attorneys' fees, costs and disbursements of this action pursuant to the agreement; and. (viii) Granting Plaintiff such other relief as the Court deems just and proper. 8 874064v.2 Respectfully Submitted, WILSON,.ELSER,MOSKOWITZ, EDELMAN & DICKER LLP By: Rebecca L. Trela, Esquire Attorneys for Plaintiff J. Polep Distribution Services Dated: `2 9 874064v.2 VERIFICATION I, Kathy Riess, hereby verify that I am authorized to make this Verification on behalf of Plaintiff, Consumer Product Distributors, Inc. d/b/a J. Polep Distribution Services, and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Kat Ries Dated: '7 j g f . 874064v.2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND �� , Tylcr _Jr THE PROT!iCAOTIA0. � � ~"wwnf 93[�SEP i_ PN 3; k`o CUMBERLAND COUNTY PENNSYLVANIA OFF oF THE, Consumer Product Distributors, Inc. dibia J. Polep Distribution Servic vs. Express Mart Inc. d/b/a S&S Mart Partners (et al) Case Number 2014-4406 SHERIFF'S RETURN OF SERVICE 07/2812014 SIeriff Ronny R Anderson, being duly sworn accordinginquiry for the within named Defendant to wit: Inderjit Singh, but was unable to locate the Defendant in the Sheriffs baNiwick. The Sheriff therefore deputizes the Sheriff of Allegheny, Pennsylvania to serve the within Complaint & Notice according to Iaw. 08/05/2014 Sheriff Ronny R Andersonbeing duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Express Mart Inc. d/b/a S&S Mart Partners, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice aa"Not Served" ot3U2 N. York Street, Mechanicsburg Borough, Mechanicsburg, PA 17050. Deputies were advised that Express Mart is under new ownership as ofApril 2014. 08/08/2014 11:53 AM - The requested Complaint & Notice served by the Sheriff of AlleghenyCounty upon Inderjit Singh, personaily, at 201 Carriage Boulevard, Pittsburgh, PA 15239. William Mulien, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $84.79 SO ANSWERS, September 08, 2014 RDNNYRANDERSON, SHERIFF Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,0? C111146., .94,4 OFFICE OF THE SHERIFF 07 Richard W Stewart Solicitor Consumer Product Distributors, Inc. d/b/a J. Polep Distribution Se ic vs. Express Mart Inc. d/b/a S&S Mart Partners (et al.) Case Number 2014-4406 SERVICE COVER SHEET Service Details: Category: Civi Manner: Deputize Notes: Expires: reo: Name: :Inderjit Singh imary (201 Carriage Boulevard dress: Pittsburgh, PA 15239 201 CARRIAGE BOULE Phone: 1 DOB: Alternate Address: Phone: i Attorney / Originea: Name: ,Rebecca Trela [Service Attempts: Date: Time: Mileage: Deputy: 08/27/2014 [Final Service: Served: Adult In Charge: Relation: Date: Deputy: Phone: Zone: Warrant: Personally • Adult In Charge • Posted • Other Mileage 215-627-6900 i_Notes / Special Instructions: ce Now, execu z z 014-. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Eda Jean Woodward, Notary Public City of PIVAsburgh, Allegheny County My Commission Expires May 28, 2016 mEmBER, PENNSYLVANIA ASSOCIATION OF NOTARIES I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Allegheny County to ervj the documents herewith and make return thereof according to law. Return To: Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 i<5CourityStrt* Sh&fi incleosaft. Ronny R Anderson, Sheriff WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP Kenneth L. Racowski, Esquire (I.D. No. 90514) Rebecca L. Trela, Esquire (I.D. No. 313555) The Curtis Center, Suite 1130 East Independence Square West Philadelphia, PA 19106 Phone: 215.627.6900 PROI HOND- fit 20.11., NOV 26 PH 2: 25 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff I Polep Distribution Services CONSUMER PRODUCT DISTRIBUTORS, INC. D/B/A J. POLEP DISTRIBUTION SERVICES Plaintiff V. EXPRESS MART, INC. d/b/a S & S MART : PARTNERS and INDERJIT SINGH, Defendants. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIV. ACTION-- LAW No. 14-4406 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above -captioned matter SETTLED, DISCONTINUED and ENDED upon agreement of all parties. Dated: ((M --/f4 903418v.1 Respectfully Submitted, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: Rebecca L. Trela, Esquire Attorneys for Plaintiff I Polep Distribution Services CERTIFICATE OF SERVICE Rebecca L. Trela, Esquire, attorney for Plaintiff J. Polep Distribution Services hereby certify that a true and correct copy of the Praecipe to Settle, Discontinue and End was served on the following parties and/or counsel of record via First Class United States mail, postage prepaid on the date set forth below. Charles Gruenspan Charles Gruenspan Co. LPA 601 Commerce Park Square Four 23240 Chagrin Boulevard Cleveland, Ohio 44122 Inderjit Singh 201 Carriage Boulevard Pittsburgh, Pennsylvania 15239 Rebecca L. Trela, Esquire Dated: 1( /9 -41/4- 903418v. (/9 -41/4- 903418v. I