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HomeMy WebLinkAbout14-6003 Supreme Court o Pennsylvania COUrto COIII1l�o r eaS For Prothonotary Use Only: Civil„ over Sheet Docket No: Cumberland County f .- (p( 3 IV 1 f lerpo The igforination 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 [E Complaint 17 Writ of Summons rl Petition Transfer from Another Jurisdiction E] Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Raylon Corporation John D.Anderson, IV T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? El Yes El No (check one) rioutside arbitration limits Q N Is this a Class Action Suit? n Yes El No Is this an MDJAppeal? C] Yes El No A, Name of Plaintiff/Appellant's Attorney: Richard W. Keifer III, Esquire El Check here if you have no attorney(are a Self-Represented [Pro Se( 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 Q Intentional 0 Buyer Plaintiff Administrative Agencies rl Malicious Prosecution Debt Collection:Credit Card n Board of Assessment n Motor Vehicle Debt Collection:Other Board of Elections ® Nuisance breach of contract goods ] Dept.of Transportation Premises Liability F7 Statutory Appeal:Other S E] Product Liability(does not include n Employment Dispute: mass tort) El Slander/Libel/Defamation Discrimination C El Other: n Employment Dispute:Other Zoning Board rl T, I n Other: O MASS TORT El Asbestos N ® Tobacco Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste rl Other: El Ejectment E] Common Law/Statutory Arbitration rl Eminent Domain/Condemnation rl Declaratory Judgment n Ground Rent Mandamus 0 Landlord/Tenant Dispute Non-Domestic Relations E] Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY n Mortgage Foreclosure:Commercial ©Quo Warranto El Dental Q Partition n Replevin n Legal rl Quiet Title Other: E] Medical rl Other: Q Other Professional: Updated 1/1/2011 Richard W. Keifer III THIS IS AN c-) LD.#84924 ARBITRATION CASE G :.' r$ Keifer Law Firm AN ASSESSMENT OF DAM ,, a) ry+-- 8 Gershom Place HEARING IS NOT REQUIREM--1 Kingston, PA 18704 C-3 p (570)371-3851 RAYLON CORPORATION 345 MORGANTOWN ROAD ;; W 1 READING,PA 19611 COURT OF COMMON PLEAS , Plaintiff, CUMBERLAND COUNTY CIVIL-ACTION-LAW VS. JOHN D.ANDERSON,IV both individually and No. I - ( 0) (1V d/b/a the fictitiously named NEW DIRECTIONS SALON BY JOHN D.ANDERSON IV 141 NORTH HANOVER STREET CARLISLE, PA 17013 Defendant, 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 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 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 1-800-990-9108 717-249-3166 +11-S.75 PA N"I 98'7 e�3ra�a0 Richard W. Keifer III THIS IS AN I.D.#84924 ARBITRATION CASE Keifer Law Firm AN ASSESSMENT OF DAMAGES 8 Gershom Place HEARING IS NOT REQUIRED Kingston,PA 18704 (570)371-3851 RAYLON CORPORATION 345 MORGANTOWN ROAD READING,PA 19611 COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY CIVIL-ACTION-LAW VS. JOHN D.ANDERSON, IV both individually and No. d/b/a the fictitiously named NEW DIRECTIONS SALON BY JOHN D.ANDERSON IV 141 NORTH HANOVER STREET CARLISLE,PA 17013 Defendant, COMPLAINT Plaintiff, Raylon Corporation, Inc.,by its attorney,Richard W. Keifer III, files this Complaint and avers as follows: 1. Plaintiff, Rayon Corporation, is a business corporation with its principal place of business located at 345 Morgantown Road, Reading, PA 19611. 2. Defendant, John D. Anderson, IV, is an adult individual currently doing business at the fictitiously named New Directions Salon by John D. Anderson, IV at 141 North Hanover Street, Carlisle, PA 17013. COUNT I—BREACH OF WRITTEN CONTRACT 3. Plaintiff incorporates paragraphs one and two of its Complaint is if fully set forth herein. 4. On or about March 24, 2011, Defendant applied for credit with Plaintiff. A true and correct copy of the credit application, with terms and conditions is attached hereto as Exhibit "A." 5. Plaintiff accepted Defendant's application. The application contains a personal guaranty. See Exhibit"A." 6. In accordance with the credit application, and at the request of the Defendant, Plaintiff provided goods to the Defendant. 7. Defendants received and accepted Plaintiffs goods. 8. The prices for the goods are the fair, reasonable and market prices and the prices which Defendant agreed to pay. 9. 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 Plaintiff the sum of$984.07. A true and correct Copy of the statement of account is attached hereto as Exhibit`B." 10. The contracts provide for attorney's fees. Therefore, Plaintiff seeks reasonable attorney's fees of$196.81 WHEREFORE,Plaintiff demands damages of the Defendant in the amount of$1,180.88, an amount not in excess of Fifty Thousand Dollars ($50,000), together with interest, attorney's fees and costs. COUNT II- QUANTUM MERUIT 11. Plaintiff incorporates paragraphs one through ten of its Complaint as if fully set forth herein. 12. Throughout 2011, at the request of the Defendant, Plaintiff provided goods to the Defendant. 13. At the Defendant's request, the Plaintiff provided Defendant goods. As a result of Plaintiff's considerable work and effort Defendant was subject to great benefit. These benefits include,but are not limited to: a) Financial benefit derived from increased customers and increased exposure; b) Professional benefits derived from increase customers and increased exposure; C) Economic benefits derived from increased business; 14. The reasonable value of the services provided by Plaintiff to the Defendant is $984.07. 15. Defendant has failed to pay the Plaintiff for the services provided. It would be unjust to allow the Defendant to retain the benefits without paying Plaintiff. WHEREFORE, Plaintiff demands damages of Defendant in the amount of$984.07, an amount not in excess of Fifty Thousand Dollars ($50,000), plus interest. PRAYERS FOR RELIEF WHEREFORE, Plaintiff prays that the honorable Court enter judgment against Defendant as follows: 1. AS TO COUNT I As to the Defendant in the sum of$1,180.88 plus interest, attorney's fees and costs. 2. AS TO COUNT II As to the Defendant in the sum of$984.07, plus interest at the statutory rate of 6%per annum from date interest commences. Respectfully submitted, Keifer Law Firm By: 'O� �- Richard W. Keifer III, Esquire �j 8 Gershom Place Dated: ` �� Kingston, PA 18704 (570)371-3851 VERIFICATION I, JU a t?FAU{Z do hereby verify that I am authorized to make this Verification on behalf of Raylon Corporation, that the foregoing document was prepared with the assistance and advice of counsel and the employees of Raylon Corporation, upon whose advice I have relied; that the document, subject to inadvertent or undiscovered errors, is based upon and therefore limited by the records and information still in existence,presently recollected and thus far discovered in preparation of this document and the prosecution of this case; and that subject to the limitations set forth herein,the averments of the document are true and correct to the best of my knowledge, information and belief. The language of this pleading is that of counsel. I understand that false statements made in the foregoing document are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsifications to authorities. y Dated: EXHIBIT "A." 03/27/2014 14:32 6108988161 RAYLON PAGE 04/13 01,:01/2Q10 06:59 PAX 4�bo1 CREDIT APPLICATION �C 0 R P 0 R A T 1 0 N DELAWAiRr, 0 N1iW JERsrly 5 1rENNSYLYANdA Salon Grolvth Through Quality — "' Open 30 JDAye j Service People,Programs,&Products, C.O.D. / �� �9 Credit Card(see past 2) l 7'� ✓✓✓ DATAKEN$ p,,Ccs►unt Number - PLEASE _ PLEASE PRINT ■ Salon Nanic—l—'e.W !J 1 C 1?C 1 u_ 5 ■ ,Address 12 o r,,�ri.�6 tl�r • C1tyS3 s s5 - -Stote ,ZtPl1r76 1- - /�-r 0%�r�-�' 4! BILI a Woh0te.Address Ernall Addross_hJb,S-�� DSC Assigned Warchoo.5e(Enter Raylon or Stox%Name if Store Only pustor>oer) Ly ■ Territory Credit Limit Terms_ a Shili VIA I�p --- Taxgbje„_Y_A-1_B.ackorder�„_X_N_Sabstltufes_„X^,,, N_ l)-C'odv Retoll Tax Ce;rtil`iente Number Of S0115ts 1 � Professional License Number(s) C Td I,fL!2 '7 _ )BUSINESS INFORMATION Your Business is a( )Curpnrstion ( )Partnership ( Sole Proprietorship Officers.U��nierst Partners(must fill cut or apl+llcntian will be retarded) ■ Name ea Y t, div. +rSo v� Title Telephone Fj1 r7 -7 4- 3 W 2— f utneAddres9:_p_..— 44q$ Date ofBirth SSN gZ-30 r?e, e Name _ -_Title__Telephone Home Ad lr;css: Aa,te of Birth SSN ■ Federal IIx IT)# , 7 R-i r� � Fears in Busine;gt BANK"1N1r0%MAT ON w Bank 14nar he, F614Address kL Sw t~ 1 IPA I'k�nne it 'Type of Account � Account l Contact OTHER INFORMATION H%tve you dealt with It ylon Before? -_ 1s, When? i�c _iwi �c�����. ��s W•er OFTIONAL,SHIP TO ILf3(PLEASE CIRCLE) State Zip-Up 1.1' Special Instructions: 345 Morgantown Road P,O, Box 91 Reading, PA, 19603 ■ 900.422-8166 ■ Fax 610-898 A161 j1pi 4A � r 03/27/2014 14: 32 6108988161 RAYLON PAGE 05/13 CREDIT APPLICATION C O tI P O n A T t 0 N DELA,WAAr, 0 NEW JERSEY 0 PnNNSYLVAN1A Salon Growtb Through Qtrfilt`ty Service,People,Programs,Sec Products OWNERS/PARTNERS A.RTNERS!OFFICi;RS_QST SIGN APPLICATION Before we open R" aeeount we tray check flit Information you have given with credit bilreom or others, We m.fty obtain a credit report Ariel•your Account is opened to update our records or decide to extend additional credit.Apel#cont agrees to pity for all items delivered to, or sit the mquLA4 of the appllcalet! in accordance with our terms, altber open 30 days, by+credit card (see below,) or C.O.D.Applicant acknowledges that n monthly service chatrpe of the highest past(lite shill)pe made on all stttos vvhicls have not been paid according to our term%Applictatt agrees to promptly pay 96rvk:e charges.An additional terviee charge,computed on lite same basis, will be due and payable every 30 days until the balance is paid. Should it become necessriry to place the acesrtttnt with a cttllaction aRrncy or attorney,the applicrtnt a(;rem to pay all collection costa a,fd attorney fees in taddition to all ottler bt►la.nece and Servkc ehRrges date,stud authoriz Raylon to prepare and subutit credit rhgrge slips using the charge card listed to recover aril thnrgrs anti all Othelr� ti {d I oil due I I. Print IN me(s) {s h " Dater.axg��ei Sipad r OWNERS!rARTNERS 1 O1F1(I C ERS M_M SIGN GUARANTY I/eve,the undersigned,Jointly and severally in t:oikRideratiou of Raylon Corporal#loll tstablishlng an account to the Above- referenced pit rchneer(s),do absolutely,nnconditlunally,and irrevocably guarantee:the payment of all surras 001Ig under the terms Of this nccotint to RAylon Cori)oratlon,Its successars or assigns. I I we hereby waive any notice of default,demand,protest,nntice of protest,and any claints of set off or re.oupment,and farther agree tbat toe(anis of this account tray be giWwnded In any manner without my/our consent Rud withmit stay notice. Signed and Sealed Gnarnn {s) Prlbt Name(s) i! !tt(�y�7•L' � -- liyate ed Signed r' CU DIT CARD PAYMENT 0 "l' ONS IMPORTANT-CHECK OPTION I OPTYON 2 OR OP7C1!c,N-ATO PAY AUTOMATICALLY WITH YOt)R C1t VIT CARD ) PTION 1:In the event my account becomes putt,due,I authorize Rayon Corporation to charge tray VISA,MC,Discover,or AMEX cqr iistnd bblow fir tic full runoutlt ortlhe balance due, [7 OPTION x: i authorize Raylon Corporatiotr to automatically charge my VISA:MC,Discover,or AMEX c;+.rd 1'•ntad below on the 0h of each rnonlb for the balance due. 0 OPTION 3e I authorize Raylon Corporation to nutornntitally charge my VISA,,Mt:,Aig0over,or AMEX card listed below for EACH order I place, MasterCard it xp Data__ � Visa#,- _ d_6 6 p _ _Exp DAtr; Discover# Exp Date ANfEX-# Exp parte f Name ac It appears an card crttitt Curd,111111M Address O S3 oX C4'_4 -- Clty—L'-*t`�t S±: State 0Pc---zip L o 0 348 a'qorgnntown Road 0 P.O. Box 91 Residing, PA 19603 ■ 800.422-9166 0 Fax 610-898.8161 EXHIBIT "B." 03/2712014 14:32 6108988161 RAYLDN PAGE 03/13 345 MORGANTOWN ROAD REAOING,PA 19611 .900.422-816f, CORPORATION 610-376-4871 vRnoanrioN 610-3767677(PAX) www•Roylon,com w,,Av0urs&on2u,com PLEASE MAIL REMITTANCE t0: STATEMENT PO BOX 62557, BALTIMORE, MD 21254-7557 Cugt0rmer4: 20791 Date: page: 1 JOIE? n AlTDERSON IV NEW DIRECTIONS SALON BY J b ANDERSQI'f P0 BOX 441 AAART,TSL9 PA 17013 ......... gg� DATE DESCRTPTION INVOICE RE•T, s�EFFRENCE AMOUNT 06-30-11 4ERV CZJRG 08-d1.-1,1, INVOICE 4r 5. 96 x8800 6694,7 08-01-1,1. INVOTCE 735455 0808-1"1 T3�tTTO2CL 5'5. 71, 45891.4 83.92 08-08-11 11\7V01:CF1 736942 08-15-11 IN770TCR 737953 46.05 08-31-11 CREDIT MEIvO 742083 45.41 08-31-11 SERV CHpC 36.82 09-12-11 INVOICE 743586 1. 70 09-26-11 INVOICE 746623 57. 88 05-30-11 SRR17 C,H,RG 157.30 1.0-1.1.-11 INV01C,F; 747656 5.61 10-1.3-1,1. INVOICE74a863 243. 75 10-31-11 S,p.RV- CHR(,, 60. 72 11-30-11. SERV CHRC= 9.44 12-31-13, SERV CHRr= 1.4 . 01, 1.4. . 01 Balance ,Due 984.07 ci. •r.rer-t 3 0 Days .00 .d0 60 Days 90 Days Future Bal 00 984 -07 .00 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY _ r L U -OE - !r« 1 HE PR0TH0N0TA ?Q 1 R OCT 24 PM 3: 35 CUMBERLAND COUNTY PENNSYLVANIA Raylon Corporation vs. John D Anderson, IV (et al.) Case Number 2014-6003 SHERIFF'S RETURN OF SERVICE 10/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John D Anderson, IV, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 141 North Hanover Street, Carlisle Borough, Carlisle, PA. 215 Hair Studio is loacted at this address and per the Carlisle Postmaster the defendant is now known at this addres. 10/23/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: John D Anderson IV d/b/a New Directions Salon by John D. Anderson IV, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 141 North Hanover Street, Carlisle Borough, Carlisle, PA 17013. 215 Hair Studio is loacted at this address and per the Carlisle Postmaster the defendant is now known at this addres. SHERIFF COST: $50.78 SO ANSWERS, October 23, 2014 RONNY R ANDERSON, SHERIFF (c) Cau'tySuite Sheriff, Teleosoft. Inc,