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Home My WebLink About06-2070IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW II TARGET SELECT CABLE, LLC, T/D/B/A ) ICI TARGET SELECT CABLE ADVERTISING ) I vs. ) RH BLACK INC. T/D/B/A CUSTOM PATIO ROOMS OF CENTRAL PENNSYLVANIA, ) Defendant ) ~~ V ~ ~~~ NO O(o -ab7~ CIVIL ACTION NOTICE TO DEFEND 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 FAiI, TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY R1~; 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 ll0 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE. THIS' OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BF. ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFICE; LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEI:. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 2249-3166 OR (800) 990-9108 LPW OFFICES PIOSA REILLY &CAPEHART OrvE WINDSOR PLAZA 7535 WIND$OP DRIVE ALLErviDwrv. PA 18195-1014 !6101 530-J500 PIOSA REILLY &CAPEHART By: Thomas A. Capeha t, Esquire Attorney for Plaintiff LD. No. 51440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW TARGET SELECT CABLE, LLC, T/D/B/A TARGET SELECT CABLE ADVERTISING vs. ~ RH BLACK, INC., T/D/B/A CUSTOM PATIO) ROOMS OF CENTRAL PENNSYLVANIA, ) Defendant ) COMPLAINT NO ~ - CIVIL ACTION ~lc~ ~1~~~- I l II AND NOW, comes the Plaintiff, Target Select Cable, LLC, t/d/b/a Target Select Cable Advertising, by and through its attorney, Thomas A. Capehart, Esquire, and avers a cause of action of which the following is a statement: 1. The Plaintiff, Target Select Cable, LLC, t/d/b/a Target Select Cable Advertising, is a Pennsylvania Limited Liability Company (hereinafter "Target Select") with a principal office located at 3910 Adler Place, Suite 100, Bethlehem, PA 18017. 2. The Defendant, RH Black, Inc., t/d/b/a Custom Patio Rooms of LAW OFFICES PIOSA REIL~Y & CAPEHART ONE WINDSOR PLNZP 7535 WlrvowR DRNE ALLENTOWN, PA IBI95-1014 [6101 530-7500 Central Pennsylvania, is a Pennsylvania Corporation with a principal place of business located at 4609 Gettysburg Road, Mechanicsburg, Cumberland County, PA 17055. 3. On March 2, 2005, the Defendant entered into a Television Advertising Contract with the Plaintiff whereby the Plaintiff agreed to run I Television Advertisements for the Defendant from March, 2005 through December, 2005, for a total amount of $26,163.00, as indicated in the Contract. A true and correct copy of the Contract is attached hereto as Exhibit "A" and incorporated herein. 4. The Plaintiff provided cablecast advertising services pursuant to the terms of the Contract. 5. As of December, 2005, the Defendant failed refused and neglected to pay the remaining balance due and payable to the Plaintiff in the amount of Fourteen Thousand Three Hundred Sixty-three Dollars and Thirty-one Cents ($14,363.31). 6. On or about March 23, 2006, the Defendant was provided with notice of the delinquency and requested payment within 10 days of the date of the letter. 7. The Defendant has failed to pay to the Plaintiff the amount due and owing pursuant to the terms of the Contract, despite the Plaintiff s demand for payment of the same. WHEREFORE, Plaintiff demands judgment in its favor and against the LAW OFFICES PIOSA REILLY & CAPEHART Orv[ Wwvsoa PLAZA 7535 Wlrvvsoa Oarvs ALLENTOW N, PA IB95-1014 !6101 530-'1500 Defendant in the amount of $14,363.31, plus interest at the statutory rate of 6% from November 20, 2005, and costs of this proceeding and reasonable attorney fees. COUNT II QUANTUM MERUIT 8. Plaintiff incorporates by reference Paragraphs No. 1 through No. 7 as though the same were fully set forth herein. 9. Plaintiff provided television advertisement and Defendant accepted the benefit of that advertising. 10. Fair and reasonable value and the benefit provided to the Defendant totaled $26,163.00 and the Defendant has failed, neglected and refused to pay for $14,363.31 of those services provided. 11. It would unconscionable for the Defendant to have received the benefit of the services provided by the Plaintiff without having paid fox• them. 12. Defendant has benefited from and has been unjustly enriched by Plaintiffs services relating to the television advertisement. WHEREFORE, Plaintiff demands judgment in its favor and against the Defendant in the amount of $14,363.31, plus interest at the statutory rate of 6% from November 20, 2005, and costs of this proceeding and reasonable attorney fees. PIOSA REILLY &CAPEHART LAW OFFICES PIOSA REILLV &CAPEHART OeE Wwosoe PLAZA ~sas wwosoa oalve ALLENTOW N, PA 18195-1014 1fi101 530-]500 By: ~~ Thomas A. Capehart, Esquire Attorney for Plaintiff I. D. No. 57440 MiecCm~p/'Parget.Custom Patio. Complai nr VERIFICATION I, Thomas A. Capehart, Esquire, attorney for Plaintiff, Target Select Cable, LLC, t/d/b/a Target Select Cable Advertising, do hereby verify that the statements made in the foregoing Plaintiffs Complaint are based upon the information presently in my file and are true and correct to the best of my knowledge, information and belief. I make this statement subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Thomas A. Capehar ,Esquire Dated: ~o v 2006-LIAR-03 03:52P~1 FR0~1-Target Select 610-705-0186 T-051 P.003/006 F-177 ' GATE: I111arCli 2, 2005 C~ Cable TELEVISION ACIVERTI5ING CONTRACT 91LLMG gSpReSS a7VCRTISCR ACCOnNT exeeNT tYe Custom P ago Room s An natts'Kilb ourne ~ COIYTAtt NAMab ANON[ COQP BPCT LENOTN A ene - R.H. Black ^ Yes ^ No :30 pROpUCT SeHepULE OaTEa 712 8105 - 21 18105 CNN Sat 12n•4o Sat. AHemoon Rvtatlon 2 $60.00 $120.00 18 $2,150.00 Service CNN Sa 6a-10a Sat. Morning Rotptlan 2 560.00 $~2D,DD 18 $2,160,00 Electric, CNN Su 6a-1Da syn. Momine Ratagon 2 $60.00 5120.OD 18 . . $2,160,00 RCN, CNN Su12n-4p Sun.AftEmoonRo{atlon r? $0,00 50.00 18 fiD.00 Carbon. CNN 7u 7p•11p Talk News Rotation 1 $105.00 ~1D5,OD 16 51,880.00 Monroe HGTY Sa 6a-4= Saturday Rotation 4 550,00 $200.OD 16 $3,60D.00 HGN Su 6a-4p Sunday Ratatioq 4 $50AD 5200.00 1 a $3,600.00 =oz Nevis Sa 6a-4p Saturday Rotation 2 $70.00 $140,00 18 $2,520.D0 Fox NeyS Sa Ba-1 Ca Sot. Mpfnln8 Rctattpn 2 $75.00 8150A0 16 $2;700.00 ~ Fox Newa Su fie-ap i Sunday RPWtion 2 570,00 540.00 15 $2,520.00 =ox News Su 6a-10a gun. Mcrning Rotatior. 2 875.00 $150,00 18 $2,700.00 Fox New; M 7p-1? p Talk NeWS Rotation 1 5146.00 $14$,00 18 $2,610.00 FoadTV Sa fia-4p SaiurJay Farallon 3 §20.00 560.00 1ti $1,080,00 i I i FOOti~ 5u 6a-4p I I i Sunday Rotation 3 320.00 560,00 16 51,080,00 SpECIALiN3TRUCTI0N5; GR03S $30,]80.00 Cllont apprgveo mspepoe~wlthln Hight daeas anq enns. AGENCY 13Yr $4,E17.00 NerroTaL $26.1'03.00 COMMLRCIgL TITLE: Pa0~l1CTiON COSTS: PRODUCTION COSTS OIL'-EO SEPgp6'=LY CCNTp::f 9U8JECT TO grvY aecau.+ ~+~* aLeoMl P.O. box 3395 - X ~ cLIe6T,g1Gru ua TITTLE/E TARGET SELECT TITLE i TkliM3 qN0 coNPTIONS Ory SACK r1ERECF. EXHIBIT erahvr+coLLecnoro FAX 610.399.0287 nAn ~s ~ ~ ~ ut t~ c ~ ~ ~ ---~ ~ _ ~ ,.., ' ~ ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-02070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TARGET SELECT CABLE LLC ET AL VS RH BLACK INC TDHA CUSTOM PATIO MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RH BLACK INC TDBA CUSTOM PATIO ROOMS OF CENTRAL PENNSYLVANIA the DEFENDANT at 0945:00 HOURS, on the 17th day of April 2006 at 2250 BUMBLE BEE HOLLOW ROAD MECHANICSBURG, PA 17055 by handing to MIKE BYRNES, SALES MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 38.56 3/d a~vG Sworn and Subscribe to before me this day of A.D. So Answers: .~~ ~~~ R. Thomas Kline 04/18/2006 PIOSA RETLLY CAPEHA T By: Depu heriff Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW TARGET SELECT CABLE, LLC, TlDB/A TARGET SELECT CABLE ADVERTISING, Plaintiff Vs. 1 ) RH BLACK, INC., T/DB/A CUSTOM PATIO ) ROOMS OF CENTRAL PENNSYLVANIA, ) Defendant ) NO. 06-2070 CIVIL TERM CIVIL ACTION PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against Defendants, RH Black, Inc., t/d/b/a _Custom Patio Rooms of Central Pennsvlvania, for want of failure to file a responsive pleading to Plaintiffs Complaint. X Assess damages as follows: Debt $14,363.31 Interest from 11/20/05 to 04127/0? 1,234.28 $2.36/day Attorney's Commission TOTAL $15,597.59 Plus interest from 04/27/07 and costs X I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. X Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A copy of the notice is attached. Date: Z Thomas A. Capeha ,Esquire Attorney for Plaintiff Attorney I.D. No. 57440 33 S. 7th Street, PO Box 4060 Allentown, PA 181054060 (610) 820-5450 NOW, ~~.v e _ .2007, JUDGMENT IS ENTERED AS ABOVE. Prot onota er ivil Division By~ Deputy IN TAE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW TARGET SELECT CABLE, LLC, T/DB/A ) TARGET SELECT CABLE ADVERTISING, ) Plaintiff ) vs. ~ RH BLACK, INC., T/DB/A CUSTOM PATIO ) ROOMS OF CENTRAL PENNSYLVANIA, ) Defendant ) NO. 06-2070 CIVIL TERM CIVIL ACTION (X) Notice is hereby given that a Default Judgment in the above-captioned matter has been entered against you in the amount of $15,597.59 plus interest from Apri127, 2007 and costs, on ~•r _ , 2007. (X) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. Pro onotary/ rk, C' it Div. ,~ bye If you have any questions regarding this Notice, please contact the filing party Thomas A. Capehart, Esquire 33 S. 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 (This Notice is given in accordance with Pa.R.C.P. 236). CERTIFICATION OF ADDRESSES I, THOMAS A. CAPEHART, ESQUIRE, hereby certify that the precise address of the within-named Plaintiff, Target Select Cable, LLC t/d/b/a Target Select Cable Advertising, is 3910 Adler Place, Suite 100, Bethlehem, PA 18017 and the precise address of the within-named Defendant, RH Black, Inc., t/d/b/a Custom Patio Rooms of Central Pennsylvania is 2250 Bumble Bee Hollow Road, Mechanicsburg, Pennsylvania 17055. Thomas A. Capehart, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION -LAW TARGET SELECT CABLE, LLC, T/DB/A TARGET SELECT CABLE ADVERTISING, Plaintiff NO. 06-2070 CIVIL TERM vs. RH BLACK, INC., T/DB/A CUSTOM PATIO ROOMS OF CENTRAL PENNSYLVANIA, Defendant DATE OF NOTICE: March 12, 2007 TO: RH Black Inc., t!d/b/a Custom Patio Rooms of Central PA 2250 Bumble Bee Hollow Rd. Mechanicsburg, PA 17055 CIVIL ACTION John DeLorenzo, Esquire 320 Market Street Strawberry Square, PO Box 1268 Harrisburg, PA 17108-1268 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENDSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THI5 NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU, WITHOUT A HEARIlVG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE 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 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 GROSS MCGINLEY LABARRE & EATON By: Thomas A. Capeha t, Esq. Attorney for Plaintiff Attorney I. D. No. 57440 33 South 7th Street, PO Box 4060 Allentown, PA 18195-1014 ~- F N s Y h~ ~YJ/~j _ l '~ -~. ^~ a a ~~ ~~-~=~ r--` a., 1 ~ ~~ ~ (~ ~~~ 1~ p! i ..~ r~ N W 1 v ~r- ~~ ~~~ ~~; .,, ~. _.?~. ~~ c ~~ ~~~