The URL can be used to link to this page

Home My WebLink About06-1257 SCOTT KING, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOCKETNO. t/t->- /;;257 tw FURNLEY FRISCH, Defendant :CIVIL ACTION - LAW & EQUITY 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 LA WYER 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, Pennsylvania 17013 (717) 249-3166 SCOTT KING, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOCKET NO. FURNLEY FRISCH, Defendant :CIVIL ACTION - LAW & EQUITY A VISO USTED HA SInO DEMAND ADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 pOI abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demandas en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificacion por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE EST A DEMANDA A UN ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VA Y A 0 LLAME A LA OFICINA EN LA DIRECCION ESCRIT A ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SCOTT KING, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOCKET NO. I) t. - /.I,:{7 {];;J I.u.<- FURNLEY FRISCH, Defendant :CIVIL ACTION - LAW & EQUITY COMPLAINT AND NOW comes the Plaintiff, Scott King, by and through his attorneys, KOLLAS AND KENNEDY, and avers the following in support of this complaint: BACKGROUND I. Plaintiff, Scott King, is an adult individual currently residing at 34 Sherwood Circle, Enola, Cumberland County, Pennsylvania. 2. Defendant, Furnley Frisch, is an adult individual residing at 291 Sawmill Road, Duncannon, Perry County, Pennsylvania. 3. Plaintiff, Scott King, is the owner of real estate located at 485 Lancaster Avenue, Enola, Cumberland County, Pennsylvania. TRANSACTIONS IN QUESTION 4. On or about July 1,2005, Plaintiff contacted Defendant regarding certain work Plaintiff desired to have performed at 485 Lancaster Avenue, Enola, Pennsylvania. 5. Plaintiff and Defendant discussed the work to be performed and the price of such work. 6. Plaintiff and Defendant agreed that the work would include preparing the site for excavation and pouring a concrete basement and walls, that Defendant would perform said work, and that the price for such work would be $15,500.00. 7. On or about July 28, 2005, Plaintiff gave Defendant a deposit check of $10,000.00 towards the aforesaid work. A true and accurate copy of the deposit check is attached hereto as Exhibit "A." 8. On or about August 15,2005, Plaintiff attempted to contact Defendant to inquire as to the start time for performance of the aforesaid work. Although Plaintiffleft a message for Defendant, Defendant did not return Plaintiff call. 9. The following week, Plaintiff was able to contact Defendant; whereupon Defendant informed Plaintiff that Defendant's employees had quit and that Defendant was seeking new or alternate employees to perform the aforesaid work. 10. Later that week, Plaintiff contacted Defendant and informed Defendant that Plaintiff would acquire other services to complete the aforesaid; whereupon Defendant agreed to return the $10,000.00 deposit to Plaintiff, but Defendant stated that return of the funds would take a few days. II. Since the end of August 2005, and through December 14, 2005, Plaintiff made numerous telephone calls to Defendant, seeking return of the $10,000.00 deposit. 12. Although Defendant consistently agreed to return the funds, Defendant has failed to return said funds. COUNT I: BREACH OF CONTRACT 13. Plaintiff incorporates herein by reference the allegations set forth in paragraphs I through 12 as though the same were fully set forth herein at length. 14. The actions of defendant as aforesaid are willful and constitute a material breach of the contract entered into between plaintiff and defendant. 15. As a direct and proximate result of the actions of defendant as aforesaid, plaintiff has suffered and continues to suffer serious injury, including but not limited to loss ofthe monies owed to plaintiff by defendant, loss of the use of said monies, lost interest on the money, and other such damages as may be discovered. WHEREFORE, Plaintiff, Scott King, respectfully requests that this Honorable Court grant judgment in Plaintiffs favor in a sum in excess of$IO,OOO.OO together with additional costs, interest and such other damages as this Honorable Court sees fit. COUNT II: UNJUST ENRICHMENT 16. Plaintiff incorporates herein by reference the allegations set forth in paragraphs I through 12 as though the same were fully set forth herein at length. 17. Defendant knowingly and without Plaintiffs consent has retained $10,000.00 in funds. 18. Despite repeated requests for return of said funds by Plaintiff, Defendant has refused or otherwise failed to return said funds. 19. Defendant has been unjustly enriched by retaining said funds at the expense of Plaintiff. 20. As a direct and proximate result of the actions of defendant as aforesaid, plaintiff has suffered and continues to suffer serious injury, including but not limited to loss of the monies owed to plaintiff by defendant, loss of the use of said monies, lost interest on the money, and other such damages as may be discovered. WHEREFORE, Plaintiff, Scott King, respectfully requests that this Honorable Court grant judgment in Plaintiffs favor in a sum in excess of$IO,OOO.OO together with additional costs, interest and such other damages as this Honorable Court sees fit. COUNT III: CONVERSION 21. Plaintiff incorporates herein by reference the allegations set forth in paragraphs I through 20 as though the same were fully set forth herein at length. 22. Defendant knowingly and without Plaintiffs consent has retained $10,000.00 in funds. 23. Despite repeated requests for return of said funds by Plaintiff, Defendant has refused or otherwise failed to return said funds. 24. Defendant's retention of said funds constitutes serious interference with Plaintiffs rights in said funds. 25. As a direct and proximate result of the actions of defendant as aforesaid, plaintiff has suffered and continues to suffer serious injury, including but not limited to loss of the monies owed to plaintiff by defendant, loss ofthe use of said monies, lost interest on the money, and other such damages as may be discovered. WHEREFORE, Plaintiff, Scott King, respectfully requests that this Honorable Court grant judgment in Plaintiffs favor in a sum in excess of $1 0,000.00 together with additional costs, interest and such other damages as this Honorable Court sees fit. Dated: ;0 /0 (, RESPECTFULL Y SUBMITTED: // 4~/ ames W. Kollas, Esquire Supreme Court LD. No. 81959 KaLLAS AND KENNEDY 1104 F emwood Avenue Suite 104 Camp Hill, P A 170 II (717) 731,1600 A TTORNEY FOR PLAINTIFF SCOTT KING MICHELLE KING 34 SHERWOOD CIRCLE ENOlA, PA 17025 ~m_~~ ~~~~ ~ Commerce ~'Bank . Am._".lItnl c:om..nlon. Bont" ~ .-...."'SoOolU ~~ "'''0 ~OoJ'O(-,,'ktl-~v'-%~~~tJl.u,..o-\.______ ~~. ':03 Jo3oJoSL,f,I: 53 f,qSqL,q 1.,11" oJo03 ."000 JooOOoOO,l' 05-06 r).J ',,04 . ~~ . -:: 0164264670 h'025 B3 P4 :07/29/2005 T80lISOaZl. 60G SH..:I 60Z = . .. . - - -oo'OOooT$ ~::~::~~:?' -; . ,1\1 . -,> '" -:- - ~~~~~~~;; ;-.~= -_:::..:----. ,- ._- - -' -. _. - . . . - . - ~ ~eei~7EB Bl1e17677 ~~~~~n~=~'r.~~ ... -'1.-".. 00;;;... ____'-C'_ .--cc..... t..:J.J.- ,/'., -",-"."""","","J_"-"..I' .. FiiB i;Et~;?ORT NEt.JPGRT PH _ 4-" _ n ,~~. ..... .. - - -. . iJ2jOO74~t67 . .;07.292005"... . . O~j co:dO~'f(j; r:R3-PH.i LF.. . EN7=35 8::. 7~-C=3E;9Ej -PJ:~13 Account:536989494 Check#:103 Amount:$IO,OOO.OO Date Presented:07-29-2Q05 :: ,'-- .r' ,_. - . , . .: r.~~ -,'-- -~ ~ ~-~.. Page 1 of 1 103 6I1-1lW:J13 14 DOLLARS A -- W =--=-_ or -'"-~ ~0e8 . - - r~ 0~ot ..:.~_ ...._~ http://afswebsrv4.yesbank.com/ scriptS/ afs/afsweb/ Afs We b.dll ?Process? _ application=e V is SCOTT KING, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOCKET NO. OG- /'))'1 FURNLEY FRISCH, Defendant :CIVIL ACTION - LAW & EQUITY VERIFICA nON I, SCOTT KING, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. By:~~ Scott King DATE: ~\~Oo \ \ ~~ ~, -- ~. --J ~ V'\ '-J ---- l--.; -- ~ v., v...1.i' L,\\ . \Y ^\ ~. ~ \~ '\ .. "- " 'P\ ~ .~~ f r-,' ~ .'r~ :...) I (.>" :..., c SCOTT KING, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :DOCKETNO. 06-1257 Civil FURNLEY FRISCH, Defendant :CIVIL ACTION - LAW & EQUITY PRAECIPE FOR ENTRY OF JUDGMENT OF DEF AUL T To the Prothonotary: Please enter judgment of default in favor of Plaintiff, Scott King, and against Defendant, Fumley Frisch, for Defendant's failure to plead to the Complaint in this action within the required time. The Complaint contains a notice to defend within 20 days from the date of service thereof. Defendant was served with the Complaint on March 10, 2006, and Defendant's Answer was due to be filed on March 31, 2006. Attached as Exhibit "A" is a copy of Plaintiff's written Notice ofIntention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to the Defendant at his last known address on April 4, 2006, which is at least 10 days prior to the filing of this Praecipe. -'!-*- " 'o,'If>O.6b 4. Please assess damages in the amount of$16,:lGS-.98 ($10,000.00 principal; $400.00 interest (6% since August 2005); $1(;3.98 ~~H;~~ and fil;nl!: wots), being the amount demanded in the Complaint. RESPECTFULLY SUBMITTED: Dated: 4-l1l1 OU> ....~7 .A. W. ""11~, ",,"ire Supreme Court LD. No. 81959 KOLLAS AND KENNEDY 1104 Femwood Avenue, Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR PLAINTIFF , LAWOfFlCES OF KOLLAS AND KENNEDY 1104 FERNWOOD AVENUE CAMP HILL. PENNSYLVANIA 17011 WllJ..IAM C. KOUAS JAMES W. KOLLAS OF COUNSEL MARY KOI.LAS I<ENNEOV TELEPHONE NO. (717) 731.1600 FAX NO. (717) 731.1480 April 4, 2006 FumIey Frisch 291 Sawmill Road Duncannon, P A 17020 RE: King v. Frisch No. 06-1257 Dear Mr. Frisch: Enclosed please find an original Important Notice in reference to the above matter. I encourage you to review this document with counsel of your own choosing. Very truly yours, JWK!car Enclosure ,/ ~ ~ SCOTT KING, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYL V ANlA V. :DOCKETNO. 06-1257 Civil FURNLEY FRISCH, Defendant :CIVIL ACTION - LAW & EQUITY IMPORT ANT NOTICE To: FumIey Frisch 291 Sawmill Road Duncannon, P A 17020 Date of Notice: April 4, 2006 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FORM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS 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, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELlGmLE PERSONS AT A REDUCED FEE OR NO FEE. Cwnberland County Bar Association 32 South Bedford Street Carlisle,pennsylvania 17013 (717) 249-3166 RESPECTFULLY SUBMITTED: Dated: r~~ James W. Kollas, Esquire Supreme Court J.D. No. 81959 KOLLAS AND KENNEDY 1104 Femwood Avenue Suite 104 Camp Hill, PA 17011 (717) 731-1600 A TIORNEY FOR PLAINTIFF / SCOTT KING, Plaintiff :IN TIlE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOCKETNO. 06-1257 Civil FURNLEY FRISCH, Defendant :CIVIL ACTION - LAW & EQUITY CERTIFICATE OF SERVICE 1, James W. Kollas, attorney for the Plaintiff, Scott King, in the within case, hereby certify that I have this 4th day of April, 2006, served a true and correct copy of IMPORTANT NOTICE by depositing same in the United States mail, first class, postage prepaid, addressed to the following: FumIey Frisch 291 Sawmill Road Duncannon,PA17020 LAW OFFICE OF KOLLAS AND KENNEDY ~~ / / c A:) 0 ~ 1t- ^ ...() ~ ~ () - 0- p- .t ........ --U (") r-,' 0 c:::::J ~ ~ ~~ t-~ ~n cr.. -4 ~ P- c- --.{ .9-J !::~ fli ;JJ --- - :;:'.J :~ ~ r,) - ~ CTI ~b ~~ ~ -....-,- --I-- -'0". :,,}(; ~ ~. ',rn ", :=\ 2> N .D (,.0) -< ~. t t:-U ~ b ~ ~~U (\~ 6 6' ~ C o f'(\ ........... f'~ r--.. r .. ~~ SHERIFF'S RETURN, OUT OF COUNTY CASE NO: 2006,01257 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KING SCOTT VS FRISCH FURNLEY 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: FRISCH FURNLEY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT & NOTICE 15th , 2006 , this office was in receipt of the On March attached return from PERRY Sheriff's Costs: Docketing Out of County Surcharge Dep Perry County Postage 18.00 9.00 10.00 36.35 .78 74.13 03/15/2006 KOLLAS & KENNEDY So an~~~<_:::::<._",<,>~__7 ~ .~ ->- /.-Y" / -- ~.. _c. - /-:;.-,.-.- ._....' ----- -'~ ., -~~---~--- ._- R'~ Thomas Kl ine --'..' ..- Sheriff of Cumberland County Sworn and subscribed to before me this ;tIp day of ~ ,1JrD(, ~'.~ -,r'~~iy I i. " In The Court of Common Pleas of Cumberland County, Pennsylvania Scott King VS. Furn1ey Frisch 06-1257 civil No. N March 7,2006 OW, , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~~~~ Sberiff of Cumberland County, PA Affidavit of Service Now, March 10 , 20.....Q..l? at 1: 37 0' clock P M. served the within Notice & Complaint upon Furnley Frisch at 291 Sawmill Rd. ( Penn Twp) Duncannon ,PA 17020 by handing to Furnley Frisch, Defendant a True & Attested copy of the original Notice & Complaint and made mown to Him the contents thereof. So answers, Aaron D. Richards Deputy ~~~ Sberiffof Perry County, PA -mat -J-~ COSTS SERVICE MILEAGE AFFIDAVIT $ Sworn and subscribed before me this /.3 day of mttrdi. , 20 Dc;, NOTARIAL SEAL IMIItlAR!T F. FUCIOIIGER, NOTAIl'I PUBLIC BlDOMf1EIJI BORO.. PER1I'I COUNTY IIYCOMMISSlONEXPlRESR8.162008 $