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Home My WebLink About05-2127 RICHARD F. MAFFETT, JR., ESQUIRE Attorney 1.0. #35539 2201 North Second Street Harrisburg. PA 17110 (71 7) 233-4160 Attorney for Plaintiff NOT:ICE ...........................................................n...................................... AMER:ITEL, :INC.. :IN THE COURT OF COMMON PLEAS Plaintiff 1 CUMBERLAND COUNTY, PENNSYLVAN:IA v i NO. 05 - ;) 1-;)1 C:IV:IL TERM PAYCOMM, :INC. and THOMAS R. ',.i C:IV:IL ACT:ION - LAW PETERSON, ...................~.f..~.X1:<1.~:tl.t..ll................................................1 JURY TR:IAL DEMANDED 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE TH:IS PAPER TO YOUR LAWYER AT ONCE. :IF YOU DON'T HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF:ICE SET FORTH BELOW TO F:IND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOC:IAT:ION 2 L:IBERTY AVENUE CARL:ISLE, PA 17013 717-249-3166 800-990-9108 . . NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted qui ere defenderse de estas demandas expuestas en las paginas sigui usted tiene veinte (20) dias de plazo al partir de la fecha demanda y la notificacion. Usted debe presentar una aparie escrita 0 en persona 0 por abogado y archivar en la corte e forma escrita sus defensas 0 SUS objeciones alas demandas contra de su persona. Sea avisado que si usted no se defie la corte tomaro medidas y puede entrar una orden contra ust previo aviso 0 notificacion y por cualquier queja 0 alivio pedido en la peticion do demanda. Usted puede perder diner sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO :tMMED:tATAMENTE. S:t NO ABOGAGO 0 SI NO TIENE EL D:tNERO SUFICIENTE DE PAGAR TAL SER VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFIC:tNA CUYA DIREC SE ENCUENTRA ESCR:tTA ABAJO PARA AVER:tGUAR DONDE SE PUEDE CONSEGUIER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 ntes, de la cia n de, d sin ue es o ENE C:tO, ION RICHARD F. MAFFETT. JR.. ESQUIRE ID #35539 2201 North Second Street Harrisburg. PA 17110 717-233-4160 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMERITEL, INC., Plaintiff v i No. 05- .)/27 PAYCOMM, INC. and, THOMAS R. PETERSON, ..!. CIVIL ACTION - r.AW Defendants ...................._......................_..............................._......................_.........: JURY TRIAL DEMANDED CIVIL TE COMPr.AINT AND NOW, this 25th day of April, 2005, comes the Plaint'ff, AMERITEL, INC., by its attorney, Richard F. Maffett, Jr., Esquire, and respectfully represents the following: COUNT I: BREACH OF CONTRACT 1. Plaintiff, Ameritel, Inc., is a Pennsylvania corpor tion with its business office located at 145 D Street, Carlisle, Cumberland County, PA, 17013. 2. Defendant, Paycomm, Inc., is a Pennsylvania corporat'on with its business office located at 8000 Lindisfarne Drive, Pittsburgh, PA, 15237; and, doing business in Cumberland Coun y, PA. 3. Defendant, Thomas R. Peterson, is an adult individua who currently resides at 8000 Lindisfarne Drive, Pittsburgh, A, 15237. 4. Defendant, Thomas R. Peterson is an officer, dire tor, employee; and/or, principal of paycomm, Inc. 5. Plaintiff Ameritel, Inc. is in the business of ownership, service, maintenance and repair of coin pay phon routes throughout the Northeastern United States. 6. From January 1, 2004 through September 15, 2004, Plaintiff and Defendants were parties to an oral contract w ereby Defendants agreed to perform monthly service of pay phones designated by Plaintiff, including: collection of coins; re air; counting proceeds collected; and, remittance of said coins 0 Plaintiff, in exchange for the payment to Defendant by Plai tiff of $23.00 per phone per month. 7. During the period from January 1, 2004 through September 15, 2004, Defendants breached their oral contract ith Plaintiff by collecting a total of $33,102.79 in coins from ay phones owned by plaintiff which Defendants unlawfully failed and refused to remit to Plaintiff, despite repeated demands, as et forth in more detail in Exhibit 1 attached herein. 8. During the period from June 1, 2004 through September 15, 2004, Plaintiff was party to a contract with Coinfone, Inc. whereby Plaintiff was responsible for the mont ly collection of coins from 600 pay phones owned by Coinfone and remittance of said coins to Coinfone, Inc., in exchange for a agreed-upon fee. 2 9. During the period from June 1, 2004 through September 15, 2004, Plaintiff and Defendants were parties t an oral contract whereby Defendants agreed to perform monthly oin collection and repair to the pay phones owned by Coinfone, nc.; and, remit said coins to Plaintiff, in exchange for a month y fee. 10. Defendants breached their oral contract with P1ai tiff by collecting a total of $8,357.35 in coins from pay phones owned by Coinfone which Defendants unlawfully failed and refused 0 remit to Plaintiff, despite repeated demands, as set forth ore fully in Exhibit 1 attached herein. 11. Pursuant to the aforesaid contract with Coinfone, nc., Plaintiff was required to make payment to Coinfone, Inc. of he $8,357.35 collected by Defendants during the period from Jun 1, 2004 through September 15, 2004, from pay phones owned by Coinfone, Inc. which Defendants failed and refused to remit 0 Plaintiff. 12. During the period from February 1, 2004 through June 30, 2004, Defendants breached their oral contract with Plaintiff by overcharging Plaintiff in the additional amount f $4,163.00, in fees for collection of coins by Defendants fro pay phones designated by Plaintiff, which Defendants unlawfully deducted and retained from collected funds due Plaintiff, des ite 3 . . repeated demands, as set forth in more detail in Exhibit 1 attached herein. COUNT 2: CONVERSXON 13. Plaintiff incorporates by reference the averments of Paragraphs 1 through 12 above, as fully as though herein se forth at length. 14. As part of the oral contract between Plaintiff and Defendants, Plaintiff furnished Defendants with any necessa y parts and/or equipment for the periodic repair and maintena ce of Plaintiff's pay phones. 15. Upon termination of the aforesaid oral contract on September 15, 2004, Defendants were in possession of parts a d equipment owned by plaintiff having a value of $2,375.00, as set forth more fully in Exhibit 1 attached, which Defendants hav unlawfully retained and failed and refused to return to Plai tiff despite repeated demands. WHEREFORE, Plaintiff, AMERITEL, INC., demands judgment against Defendants, PAYCOMM, INC. and THOMAS R. PETERSON, jo'ntly and severally, in the amount of Thirty-Eight Thousand Eight Hundred Dollars and One Cent ($38,800.01) together with inter st and costs, and in excess of any jurisdictional amount requiri g compulsory arbitration. Respectfully submitted, Es . 4 . . VERIFICATION I, KIRT S. WALLACE, hereby state that I am the Preside t of Ameritel, Inc., and as such, am authorized to review the foregoing Complaint and to execute this Verification on its behalf, and that I have read the foregoing and hereby affir that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and th t false statements may subject me to the penalties of 18 Pa. C S.A. ~4904. AMERITEL, INC. Dated: ~ J, / //j 0 S //~--:cI By: K RT S. WALLACE, President ~ .-, = c:::> c7' y::. o -<1 --\ ::r, .... r-'.lf~ -C' Cl:; -'.'.,.,./ /0 0 ~ ~ ~ '-l\ <;:J G""' ~ u.J ~ 0) -S;;> eN' ?~j :"'" 01 \...:.") r") [..0 SHERIFF'S RETURN - OUT OF COUNTY '"' CASE NO: 2005-02127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERITEL INC VS PAYCOMM INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PAYCOMM INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 12th , 2005 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 75.00 6.00 118.00 05/12/2005 RICHARD MAFFETT So ~. ~ :.. _~? ~/.~ ~.' ~:;;oc-- __"'""'.::.---- / R. Thomas Kline Sheriff of Cumberland County JR Sworn and subscribed to before me this /3~ day Of~ c2iJ1JS A.D. ~ !~U Q }YLl1t1. , ~ ,I Prothonotary' SHERIFF'S RETURN - OUT OF COUNTY - CASE NO: 2005-02127 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERITEL INC VS PAYCOMM INC ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PETERSON THOMAS R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 12th , 2005 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Postage 6.00 .00 10.00 .74 .00 16.74 05/12/2005 RICHARD MAFFETT So answers:"" ~- ~) ?".~-?'/~~-_//~ R.' Thomas Kline Sheriff of Cumberland County JR Sworn and subscribed to before me th /Q'i3: d f ,,^ is Lv ay 0 'n~/ :JiJ1J:{ A.D. l},f"- Co~~~~t)a~ - In The Court of Common Pleas of Cumberland County, Pennsylvania PaYCam1 Inc 6CoD L\nCIl~rnGD\ve.... ':Ygh. r::b... 15 'd-3.l April 25, 2005 I\meritel Inc VS. Paycamm Inc et al SERVE: Now, hereby deputize the Sheriff of Allegheny q{i37~ 05-2127 civil No. ,I, SHERIFF OF CUMBERLAND COUNTY, PA, do County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~~"?>' "..-.,- . ~/ , ~9:":;':-:::/ ~_. '" ~"<,,. ~. ..., ~~ ~~<..'a<f':, ..,f' ~{::~..;..-r<t'-f7 ,. "./ ~. . Now, sl-z... \ \ within Shedff of Cumberland Ccunty. P A Affidavit of Service ,20"5)" ,at I ~ o'clock"? M. served the upon ~ ~,r--de1Z~ at by handing to _IALt./\..A a copy of the original COSTS SERVICE MILEAGE AFFfDA VIT COMMONWEAlTH OF PENNSYLVANIA . Nota!ial Seal ,_ ShedaR O'Brien. Nolaty Public C,ty of PIttsburgh, Allegheny County My Commission Expires June 19.2008 Member. Pflnnsyh,.nie Alisociation of NotQrle-s and made known to lll.'lt\A Sworn and subscribed before me this _ day of ~AY 0 5,2005-- the contents t..'1.ereof. So answers, Sheriff of JEAA E.' HANLON SR. ALLEGf NY CO SHERIF DEPARTMENT County, PA $ $ <?>., .-' : I '. . 'Zl":~ f, lic:sv1Y;:- .sic{, L L. In The Court of Common Pleas of Cumberland County, Pennsylvama I\meritel Inc VS. Paycomm Inc et al SERVE: Thanas R. Peterson f3CCO Lirol (~Y1e... J/\I[ e- 'V5\'l ' Po., l SEI O April 25, 2005 w, qS~7~ No. 05-2127 civil , I, SHERIFF OF CUMBERLAND COUNTY, P A, do h reby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. /'? ~.~ v~~,' ~~.. ..,.,., ~-' ,,;:/... .... ~ "',..,..~..,.,,;.~...-;~< ~ f.-"....~....r ~~ "',( .,~~_.. .. '. Sheriff of Cumberland County, PA Affidavit of Service Now, M.A~ -z.N.~ ,20 S, at I s.s;:o'c1ock 1= M. served the within ~~K. ?Je.J~-s6AL upon at by handing to -HJvtA a copy of the original and made known to ~ J All s~~ County, P A So answers, Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this _ day ofMAY 0 5 20,050_ ENNSYLVANIA Notarial Seal Sheil. R. O'Brien, Notary Public City of Pittsbunlh, Allegheny CQunty My Commiss.lon "'Ex.pire!l Junc 19, 2008 Me-;;-;;:-p;;;;~N;;;i~-A;~"l1i..th~" of NQt.rle. $ -, F: \FlLES\DA T AFILE\QeneraJICUlTent\ 11640, ] ,prelimobj J \mam Created: 9/20/04 O,06PM Revised 6/3/052:25PM 11640.1 j George B. Faller, Jr., Esquire MARTS ON DEARDORFF WILLIAMS & OTTO J.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants AMERITEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2127 CIVIL ACTION - LAW PAYCOMM, INC. and THOMAS R. PETERSON, Defendants. JURY TRIAL DEMANDED NOTICE You are hereby notified to plead in response to the following preliminaiy objections within twenty (20) days after service hereof or a judgment may be entered against you. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By George B. ller, Jr., Esquire J.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: June 3, 2005 --- " George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO J.D. No. 49813 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendants Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERITEL, INC., v. NO. 05-2127 CNIL ACTION - LAW PAYCOMM, INC. and THOMAS R. PETERSON, Defendants. JURY TRIAL DEMANDED DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW COME the Defendants, Paycomm, Inc. and Thomas R. Peterson, by and through their counsel, MARTS ON DEARDORFF WILLIAMS & OTTO, and aver the following in support oftheir preliminary objections: COUNT I IMPROPER VENUE 1. Plaintiff has not alleged facts sufficient to establish that venue is proper in Cumberland County under Rule 1006 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Defendants request that the instant action be transferred to the Court of Common Pleas of Allegheny County. COUNT II (IN THE ALTERNATIVE) REOUEST FOR CHANGE OF VENUE 2. Both Defendants have their offices and principal places of bu~iness in Allegheny County. 3. Neither Defendant serviced pay phones for Plaintiff in Cumberland County. 4. Defendants do not regularly conduct business in Cumberland County. 5. No transaction of occurrence regarding this matter occurred within Cumberland County. WHEREFORE, Defendants request that the instant action be transferred to the Court of Common Pleas of Allegheny County. COUNT III DEMURRER ON BEHALF OF THOMAS R. PETERSON 6. Any agreement in this matter was between Ameritel, Inc. and Paycomm, Inc. 7. Plaintiffs Complaint does not allege any facts sufficient to pierce the corporate veil and pose individual liability on Thomas R. Peterson. WHEREFORE, Defendant Thomas R. Peterson requests that the Complaint against him individually be dismissed with prejudice. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Geor B. Fa 1.0. No. 49813 Ten East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys for Defendants Dated: June 3, 2005 . CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendants' Preliminary Objections to Plaintiff s Complaint were served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Richard F. Maffett, Jr., Esquire 2201 North Second Street Harrisburg, PA 17110 MARTS ON DEARDORFF WILLIAMS & OTTO By C \'{tQ\.Jr Ci. Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 " Dated: June 3, 2005 (') ..., = ff: c = ?,-:: <n -OO~ <- ~ rpCf: c: m::!1 .0:;....._\.. :z: -o~ Z,.' I we, :0 > ~~..'. w 0 <C~; --< :l>(J ." ?'5:D 6() ::x .'1:,-,..(} )>C ~m -? W ~ ~ Ul 3J Cl -< George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERlTEL, INe., v. NO. 05-2127 CIVIL ACTION - LAW PAYCOMM, INC. and THOMAS R. PETERSON, Defendants. JURY TRIAL DEMANDED ORDER COMES NOW this ~ day of Objections are hereby granted; Defendant Thomas R. Peterson, individually, is hereby dismissed with prejudice; and ,2005, Defendants' Preliminary Plaintiffs Complaint is hereby transferred to the Court of Common Pleas of Allegheny County. J. RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PAl 7110 717-233-4160 Attorney for Plaintiff AMERITEL, INe., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2127 CNIL ACTION - LAW P A YCOMM, INe., and THOMAS R. PETERSON, Defendants. JURY TRIAL DEMANDED STIPULATION AND NOW, this /O-h. day of lv'" \ ,.......... ~V" , 2005, comes the Plaintiff, AMERITEL, INC., by their attorney, Richard F. Maffett, Jr., Esquire; and, the Defendants, P A YCOMM, INC., and THOMAS R. PETERSON, by their attorney, George B. Faller, Jr., Esquire, and aver the following: I. On April 25, 2005, Plaintiff filed a Complaint in the above-captioned matter alleging breach of contract and conversion by Defendants and demanding payment ofthe sum of$38,800.01. 2. On June 3, 2005, Defendants filed Preliminary Objections to Plaintiffs Complaint alleging improper venue at Count I; requesting a change of venue to Allegheny County at Count II; and, at Count III requesting the dismissal of the Complaint against Defendant Thomas R. Peterson on the basis of a demurrer. 3. The parties agree the Court of Common Pleas of Allegheny County is the appropriate venue for this action. 4. The parties respectfully request this Honorable Court enter an Order transferring this matter to the Court of Common Pleas of Allegheny County, Pennsylvania, for disposition. 5. The parties agree that Plaintiffs Complaint alleges facts sufficient for Defendant, Thomas R. Peterson, to remain a Defendant in this action at the Demurrer stage. 6. It is agreed by the parties that this Stipulation resolves Defendants' Preliminary Objections and requests that they be dismissed. , , WHEREFORE, the parties respectfully request this Honorable Court to accept this Stipulation into evidence; and, based thereon enter an Order transferring this matter to the Court of Common Pleas of Allegheny County for all further actions and disposition; and, dismissing Defendants' Preliminary Objections. Respectfully submitted, Dated: ~. Ric~aff~t:HaC~ 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Plaintiff GeorgeB. Faller, Jr., Esquir Martson, Deardorff, Willia Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorney for Defendants Dated: 1(" 3>C)S () c .-<, co r-J c~::;. c::. t:..n '7, ---I -r:~ [{Ip' :g~? ~'.~<) 2~,~~ eiJ :-<. -..". ~~~ o ~ -- 9: F'\FlLES\DA T AFll.EIGeneral\Cl1rTentll1MO. I .~tip 1 lman] .... Created: CJ/20/04 006PM Revised JUIi/05 S52AM 11MOl .'\- I !:(fr("'.'(';""Tl~.' f..)- r" ",_.."-- x.".,l\t !cJ1. i . i NOV 1 5 2005 IBY:~ L" , -- T ,___~"__,, .._.~....__ RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Plaintiff AMERITEL, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-2127 CIVIL ACTION - LAW PAYCOMM,INC., and THOMAS R. PETERSON, Defendants. JURY TRIAL DEMANDED ORDER AND NOW, this 22? [day of -----.N 0 v ,2005, upon consideration ofthe signed Stipulation of the parties, IT IS HEREBY ORDERED AND DECREED THAT: the above-captioned matter is transferred to the Court of Common Pleas of Allegheny County, Pennsylvania, for disposition; and, Defendants' Preliminary Objections are dismissed. Defendants shall Answer Plaintiffs Complaint within t~irty (30) days ofNott.Fe ofth,e venue being transferred3' 'ZJ) J I f-I P\".,tH ~\..>n 1"', ~ ( t~s.~ ~d {(.cs. .?SSQu.::>lu1 ,-,,-,>;[1.; \b:c. tr zh~ k-t , BY THE COURT: J. /{-J3-ur-~ .~ ,]$ ~ ;.... r, 'c.. 2:.:. !'i