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Home My WebLink About94-01065 <-r ] ~ d ~ E -j J A ~ 1J jr J In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW SEEDWAY, INC., plaintiff : No.....I1 /0&,) ~ /104- : . . vs. . . . . MAYAPPLE GOLF LINKS, INC., Defendant . . . . NOT ICE 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 Notice and Complaint 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH ON THE FOLLOWING PAGE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. By: Court Administrator cumberland County Courthouse Fourth Floor One Courthouse square Carlisle, PA 17013 Telephone: (717) 240-6200 TO THE PROTHONOTARY: Please enter my appearance for the Plaintiff in the above- captioned matter. EGLI, REILLY, WOLFSON, SHEFFEY AND SCHRUM Esquire ff Date: fCl' Zf. 11qL{ . .",..'~""";""';"~,~".",.-.~-~ In the COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pennsylvania CIVIL ACTION - LAW SEEDWAY, INC., . No. 94- . plaintiff . . . . vs. . . . . MAYAPPLE GOLF LINKS, INC. , . . Defendant . . COMPLAINT AND NOW 1 comes Plaintiff SEEDWAY, INC. 1 by and through its attorney, Timothy D. Sheffey, Esquire, and represents to your Honorable Court as follows: 1. Plaintiff is SEEDWAY, INC. (hereinafter Plaintiff "SEEDWAY") a corporation organized and existing under the laws of the State of Delaware, authorized to do business within the Commonwealth of Pennsylvania, with its principal place of business within the Commonwealth of Pennsylvania, being c/o C. T. CORPORATION SYSTEMS, 123 South Broad Street, Philadelphia, county of Philadelphia. 2. Defendant is MAYAPPLE GOLF LINKS, INC. (hereinafter Defendant "MAYAPPLE") is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business and registered office within the Commonwealth of Pennsylvania, being One Mayapple Drive, Carlisle, County of cumberland. 3. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant lawn products and materials for the total price as set forth in Plaintiff's statement of account, a true and correct copy of which is attached hereto, made a part hereof, and marked as Exhibit "A". 4. Defendant received and accepted these lawn products and materials. 5. The prices for these products are the fair and reasonable market prices for the products and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled have been accounted for in the statement of account attached hereto, made a part hereof, and marked Exhibit "A". 2 7. Finance charges on Defendant's account are reflected on Plaintiff's statement of account attached hereto and marked as Exhibit "A". 8. The balance due and owing on the account of the Defendant, as reflected in Exhibit "A", is the SUID of Seven Thousand Seven Hundred Seventy-Five Dollars Ninety-Nine Cents ($7,775.99). 9. Although demand has been made, Defendant has failed to make payment of the amount due as stated above. 10. The total amount due is Seven Thousand Seven Hundred Seventy-Five Dollars Ninety-Nine ($7,775.99). WHEREFORE, Plaintiff claims there is justly due and owing from Defendant the sum of Seven Thousand Seven Hundred Seventy-Five Dollars Ninety-Nine Cents ($7,775.99), plus interest and the costs of this action, and demands judgment. EGLI, REILLY, WOLFSON, SHEFFEY AND SCHRUM Dated: p;.1$1< 1111-5 lS-.. Wi< I 3 V E R I F I CAT ION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unsworn falsification to authorities. ${!/;ti# II, fidjf0 Date: fiflll/J~ty /~ Ilfl tf 3; - e.) ~~ ~ e}. \f) ~ .. ~ :: ~ :~.;:. ~~ N lI> N ~I- . -'.' '. .. :-.:.:", + !i ~ ~~ - - . ",.l,. "" eX = u :-~ ~,"'" ~ f I . ~ ... ~I.t "'..... I \ ,-/\r':)- "0 ,... '"' ~r-"" t\() -..9 ~ r\ "-.l: ~~ ~~ I'l\ t() SHERIFF'S RETURN CCMlONWEAL'll1 OF PENNSYLVANIA, COUNTY OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1065 Civil Term 1994 Complaint in Civil Action Law and Notice Seedway, Inc. VS Mayapple Golf Links, Inc. Harry King , ~K~ili<lf)eputy Sheriff of Cunber1and County, Pennsylvania, who being duly swam according to law, saya, that he served the withinComplaint in Civil Action Law and Notice upon Mayapple Golf Links, Inc. , the defendant, at 9:05 0' clock A .M. EST / ~ on the 1 6 day of March , 1994at 1 Mayapple Drive, Carlisle , Cunber1and County, Pennsylvania, by handing to Richard r" Moyer, Club Repairman and adult charge a true and attested copy of the Complain t in Ciivl Action Law and Notice, and at the sarre time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs, Docketing Service Affidavit Surcharge 14.00 2.80 So answers: ra::::',~<: i/~ R. Thanas Kline, Sheriff bY/) ~'C14 ~11 / --<'-:<j DeputY/Sheri 2.00 18.80 Pd. by Atty. 3-17-94 Swam and subscribed to before roo this .J /"" day of 'JJIG~~I-/ 19 1v A.D. \. ) <(' ~ (; IIt..iu_ ,w.J" I I ' . Prothonotary v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1065 CIVIL 1994 CIVIL ACTION - LAW SEEDWAY, INC., plaintiff MAYAPPLE GOLF LINKS, INC. Defendant ANSWER AND NOW, comes Mayapple Golf Links, Inc., by and through its counsel, Farr & cunningham, P.C. and files its Answer to the Plaintiff's Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. The averments of Paragraph 3 of the Plaintiff's Complaint are denied as stated. It is admitted that at the request of Defendant, Plaintiff sold and delivered to Defendant lawn products and materials. It is denied that Defendant requested Plaintiff to sell and deliver to Defendant lawn products and materials for the total price set forth in plaintiff's statement of account which is attached to plaintiff's Complaint and marked as plaintiff's Exhibit "A". 4 . Admitted. 5. Defendant is without knowledge sufficient to form a belief as to the truth or veracity of the averments of Paragraph 5 of the Plaintiff's complaint and strict proof of the same, if relevant, is demanded at the time of trial. 6. Denied. It is denied that all credits, if any, to which Defendant is entitled have been accounted for in the statement of account attached to plaintiff's complaint and marked as Plaintiff's Exhibit "A". 7 . The averments of Paragraph 7 of the Plainti ff ' s Complaint are denied. It is denied that the finance charges on Defendant's account are accurately reflected on Plaintiff's statement of account attached to plaintiff's complaint and marked as plaintiff's Exhibit "A". 8. The averments of Paragraph 8 of the Plaintiff's complaint are denied. It is denied that the balance due and owing on the account of the Defendant is as reflected in Plaintiff's Exhibit "A" the sum of Seven Thousand Seven Hundred seventy Five and 99/100 Dollars ($7,775.99). 2 Complaint are denied. It is denied that the total amount 9. Admitted. By way of further response, Defendant has failed to make payment of the amount due as stated above because Defendant believes and therefore avers that said amount is incorrect. 10. The averments of paragraph 10 of the plaintiff's due is Seven Thousand Seven Hundred Seventy Five and 99/100 Dollars ($7,775.99). WHEREFORE, Defendant, Mayapple Golf Links, Inc., respectfully requests that this Honorable Court enter judgment in its favor and against plaintiff, and award all such other relief as is proper and just. Respectfully submitted, FARR & CUNNINGHAM, P.C. Date: G..Q1AD I t> ,lo..qL! By:~Fr. ~~~~~quire 1.0. 1166266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Defendants) 3 FARR & CUNNINGHAM, P.C. CERTIFICATE OF SERVICE I, paige F. Macdonald, Esquire, do hereby certify that a true and correct copy of the Answer to Complaint was placed in the United states Mail, First Class delivery in HarriSburg, Pennsylvania on April 1', 1994, on the following: Timothy D. Sheffey, Esquire Egli, Reilly, Wolfson, Sheffey and Schrum 1601 Cornwall Road Lebanon, PA 17041-0390 Date: ADri1~. 1994 BY:~~.:::{'.tMcd~ Paige .,. Macdonald, Esquire 1.0. 1166266 2320 North Second Street P.O. Box 1855 Harrisburg, PA 17105-1855 (717) 238-6570 (Attorneys for Defendant) 4 - ~':~:". -.I. . ....,... . ,,' . .....~... .,,"" .' ..~. ~~..,,~~:... ...... ~ ' l':~.Oit.A.~:~" ...~........ , JS~~~:n"'.~ ':"l:.~;' ~ .,. . te:t'7. ".,.. '.; ..~.,. . "';I~\\' ..:":'~;. ~/;~,1'l ~'"," ,~"""., . "'7,. ... ...~ ......-:::'&:, .:.: II -; ",,:1-'-- . .,,,,.1 i,r..' '. " ".p;:S!".I~' ";-.. ~., . -, :.~'~.. .,1;.,:..., ". 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'--:;1 ;?f,. ::Jr.... .....,. . .,. , . :~t, , ' " '" .; . a; - :.;,... ..._, " "i.~ lil~;?"~ (..'1...... , f.:.:-:::~;;.l ,/l ::r::; ""'" ~ e " . c~ - "' "', ..7':; o ... ... ... . ... ~I;:< .W~ ~~~ I CJC(I) ZZZI Z8tli ~WQ. F:' 0(1) . ... . CJ ... 011 Z a: .... a:~::l ~~~ ~ ~ ~ e 1 .. ~ - .. 1! .!l ~ e - .:1 0 .c 1l - .t- iE 'e ~ !l .. f ';' .s 'C ~ 0 .!! - w e '15 - < ~ . . . FARR & CUNNINGHAM, P.C.