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HomeMy WebLinkAbout94-01601 qI ,c ci1 ::r. / S I- n -- ,0 ,~ , . " 4. ~ . . WALTER N. HEINE ASSOCIATES INC., plaintiff . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : LAW c~J ~t-P7 : CIVIL ACTION - NO. ?I/- 16CJ/ IN ASSUMPSIT JURY TRIAL DEMANDED VS. . . JACK FORBES, . . . . Defendant : N 0 TIC E 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 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 LAWYER REFERRAL SERVICE COURT ADMINISTRATOR CARLISLE, PA L7013 (717) 240-6200 ~tt/;~~"1. 113 Front treet P.O. Box 358 Boiling Springs, PA 17007 ...._;~._. . f....... , , t-,..l:Yh. . ~, . WALTER N. HEINE ASSOCIATES INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW VS. . . JACK FORBES, : NO. : IN ASSUMPSIT : JURY TRIAL DEMANDED Defendant COMPLAINT AND NOW, to wit this ~~ytt day of March, 1994, comes the Plaintiff, WALTER N. HEINE ASSOCIATES INC., by its counsel, Anthony L. DeLuca, Esquire, and brings this its cause of action in Assumpsit, upon the following facts: 1. The Plaintiff, Walter N. Heine Associates Inc., is a Pennsylvania Corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business at 101 Front Street, Boiling springs, Cumberland County, Pennsylvania. 2. The Defendant, Jack Forbes, is an adult individual who resides at 1065 Forrest Drive, Abbottstown, Adams County, Pennsylvania. 3. On or about August, 1989, the Defendant retained the Plaintiff to provide professional engineering and surveying services for two (2) development projects of the Defendant known as "Honey Run", and "Tower Village". 4. At the time that the Plaintiff was retained by the Defendant to provide the professional services referred to hereinabove, the ..0;....; _ 6. J , Defendant agreed to compensate the plaintiff for said professional services rendered at a fixed hourly rate for each professional discipline plus expenses incurred and that monthly invoices would detail the work performed each month, the terms of which were acceptable to the Defendant. 5. Thereafter, at the specific instance and request of the Defendant, Jack Forbes, the plaintiff performed survey and engineering work at the project sites and prepared substantial subdivision and development plans at its office in Boiling Springs, Cumberland County, Pennsylvania. The fees charged for such professional services that were requested by the Defendant were the ordinary and reasonable fees for such professional services in the community, and which fees Defendant promised to pay. COUNT I HONEY RUN PROJECT 7. Paragraphs 1 through 6 are incorporated herein by reference hereto. 8. On or about JUly, 1989 and up to and including the month of June, 1990, the Plaintiff provided professional engineering and surveying services for the Honey Run project to the Defendant, the cost of which totaled $22,236.56. ".,..,.--. . . 9. On or about December 14, 1989, the Defendant paid the Plaintiff the sum of $6,000.00, of which $3,000.00 was applied to the Honey Run project. 10. On or about April 23, 1990, the Defendant paid the Plaintiff the sum of $7,500.00, of which $3,750.00 was applied to the Honey Run project. 11- In August, 1990, the plaintiff notified the Defendant that commencing in September, 1990 interest would be charged on the unpaid bills that were over thirty (30) days old, which interest would be calculated at the rate of 1.5% per month, compounded monthly. 12. Plaintiff avers that it is entitled to interest on the unpaid balance at the rate of 1.5% per month, compounded monthly, from September, 1990 to the present. 13. Plaintiff avers that interest on said obligation amounts to $12,380.93, to the date of filing of this Complaint. 14. The balance due and owing to the Plaintiff from the Defendant, allowing credits, is the sum of $27,867.49. 15. Although repeatedly requested to do so by the Plaintiff, the Defendant has wilfully failed and refused to pay the amount due and owing to Plaintiff. I.. t~....~-- ,- ....O.',.R."'... .' .. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court grant judgment against the Defendant in the amount of $27,867.49 with the appropriate additional interest and costs. COUNT II TOWER VILLAGE PROJECT 16. Paragraphs 1 through 15 are incorporated herein by reference hereto. 17. On or about August, 1989 and up to and including the month of June, 1990, the Plaintiff provided professional engineering and surveying services for the Tower Village project to the Defendant, the cost of which totaled $11,531.30. 18. On or about December 14, 1989, the Defendant paid the Plaintiff the sum of $6,000.00, of which $3,000.00 was applied to the Tower Village project. 19. On or about April 23, 1990, the Defendant paid the Plaintiff the sum of $7,500.00, of which $3,750.00 was applied to the Tower Village project. 20. In August, 1990, the Plaintiff notified the Defendant that commencing in September, 1990 interest would be charged on the unpaid bills that were over thirty (30) days old, which interest would be calculated at the rate of 1.5% per month, compounded monthly. ~ . ~ 21. Plaintiff avers that it is entitled to interest on the unpaid balance at the rate of 1.5% per month, compounded monthly, from September, 1990 to the present. 22. Plaintiff avers that interest on said obligation amounts to $4,335.08, to the date of filing of this Complaint. 23. The balance due and owing to the Plaintiff from the Defendant, allowing credits, is the sum of $9,116.38. 24. Although repeatedly requested to do so by the Plaintiff, the Defendant has wilfully failed and refused to pay the amount due and owing to Plaintiff. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court grant judgment against the Defendant in the amount of $9,116.38 with the appropriate additional interest and costs. RESPECTFULLY SUBMITTED, PA 17007 . VERIFICATION Walter N. Heine, states that he is President of Walter N. Heine Associates Inc., a Pennsylvania Corporation, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief, and that any false statements contained herein are subject to the penalties of 18 PA C.S.A. 4904, relating to unsworn falsification to authorities. WALTER N. HEINE ASSOCIATES INC. BY: d~"""''''''''--'- ~Wa1ter N. /?/<{' - Heine, President Dated: ~ ~~I f~tI ~ ~e C\ IE "z \~ ~ t,U:;=~ " ~ 2zc:,..- ~ouZ' ~ !:::4 u..:z:a: N.. ~~z...J C1 "1 ~a::...c:;; ~n.riz ~~ _laWZ ~~ t , .... :em'" t-ZA. ...~ '-<) 0" H ~~ r.:!...:I ...:1>- l1<1Il ZZ OZ ~re o -~ U>-< ",t...:l 001 o Eo<UZ gjcO O~H U Eo< U r.:!...:I1O( :J::P: Eo<r.:!...:I III !:1H 10( ZOe;OZ .... .... ,'" ~ I:: ,'" 10 -.-4 r.:! 'l1< ZU HZ r.:!H := . III III 'r.:! > ZEo< p:1O( r.:!H Eo<g ~~ . . ~ I:: 10 '0 I:: Qi .... Qi C <I: U :J ... .J 8 \JJ :: I- ... O:Sw - . ~~!ll~ .J> )(~ ~ ~~~~ o g~Q.~ J:<- Z I- :J Z fil <I: - III r.:! III P: ~ :.: ~ Eo< Z H 10( ...:I ~ o U ". ... ~ , , \ SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia No. 94-1601 Civil Term Complaint in Assumpsit and Notice Walter N. Heine Associates Inc. VS Jack Forbes R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Jack Forbes but was unable to locate him in his bailiwick. He therefore deputized the sheriff of Adams County, Pennsylvania, to serve the within Complaint in Assumpsit and Notice On April 14, 1994 , this office was in receipt of the attached return from Adams County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge Adams Co. 14.00 5.00 2.00 25.20 46.20 Pd. by Atty. and subscribed to before me So answers: ~' . /..' ;:/' ,.-/~/~ , /~ ;r k,~,.,-/ /e-J ~. THOMAS KLINE, Sheriff Sworn 4-14-94 this IS'!!; day of D.;uJ' 19 Q<f A.D. CL.. a, )Jt..U.....-- 10.--, ,--, I ~ Prothonotary .~~."".,. DATE RECEIVED DAre PROCESSED " SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE,GETTYSBURG,PA17325 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN INSTRUCTIONS: So. "INSTRUCTIONS FOR SERVICE OF PROCESS BY THE SHERIFF" on Ihe roverse of lh, 1.lt (No.5) copy of this form. pt,... type or Pflnllegibly. inluring readability of all copi... 00 not detach any copi... ACID ENV,' " PLAINTIFFISI 2, COURT NUMBER Walter N. Heine ABlIooiate. Ino. 4-1601 Civil Term 3, DEFENDANT/51 4, TYPE OF WRIT OR COMPLAINT: Jaok Forbell laint in ABe lI1t 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC.. TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHEO OR SOLO. SERVE . Jaok Forbell 6. ADDRESS (SIr..t or RFO, Apar1monl No., ClIy, Boro, Twp.. Slale and ZIP CODE) AT 1065 Forrellt Drive, Abbottlltown, PA 7 INDICATE UNUSUAL SERVICE: 0 PERSONAL [] PERSON IN CHARGE [] DEPUTIZE 0 CERT, MAIL 0 REGISTERED MAIL n POSTED 0 OTHER Now, 19 , I, SHERIFF OF ADAMS COUNTY, PA" do hereby doputize the Sheriff of County to execute this Writ and make return therof according to law, This deputation being made at the request and risk of the plaintiff, SHERIFF OF ADAMS COUNTY 8, SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE, NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or allachlng any property under within writ may leave aame wilhoul a watchman, In cu.tody of whomover is found in possession, after notifying person of levy or 8llachmenl, withoulliability on lhe part 01 such depuly or the sheriflto any plalnlilf hereIn for any kJss, destruction or removal at any such property betore sherilf's I8le Ihereof. 9. SIGNATURE of AnORNEY or olher ORIGINATOR requesting service on behalf at: X PLAINTIFF Cl DEFENDANT 10, TELEPHONE NUMBER 11. DATE (717) 258-6844 IFF ONLY - DO NOT WRITE B L W T SIGNATURE 01 Authorized ACSD Deputy or Clerk and Tille 13. Date Received Anthony L. DeLuoa, Esq. 15. I hereby CERTIFY and RETURN that I X have personally served. :'": have served person in charge, (-j have legal evidonce of service as shown in "Remarks" (on reverse) C have posled the above described ploperty with the writ or complainl described on the indIVidual, company, corporation, elc" at the address shown above or on Ihe individual, company, corporaUon, elc., atlhe address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. n I hereby cenity and relurn a NOT FOUND because I AIm unable 10 locate the individual, company, corporalion. etc., named above. (See remarks below) 17. Nsme and tille of Individual served Carol Forbes wife 01' Jaok Forbee 19. Address at where served (comptel8 onty If ditferenllhan shown above) (Street 01 RFD, Apartment No., Cily. Bora, Twp., Slale and ZIP CODE) 18. A pelaon 01 luttlble age and dilCtlhon Read Order then r"ldlng In thl delendant'. usuel 0 platt of 1bodI. 0 20. Dale 01 Service 2t. Time 4/12/94 4145PM 23. Advanco COlli 25, 22. ATTEMPTS aep.tnt. Olle Mlle. Dep.lnt. Dep.lnt. SO ANSWER, AFFIRMED and subscribed 10 betore me this NA day 01 BYISheJl"/-.J ~(PIe... PrInt or Type) Bernard V. Miller 19 Dale 4/12/94 ProthOnOeaty/DI9UrylNotary PublIC SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE OF AUTHORIZEO ISSUING AUTHORITY AND TITLE l 39 _ Dale Received PROTHONOTARY SHERIFF'S RETURN OF SERVICE ( (1) The within upon defendant by mailing to by . prepaid, .' a true and allested copy thereof at mall. return receipt raquested, postage " on the , the within named The return receipt signed by defendant on the Is hereto allached and made a part of this return. ( ) (2) Outside the Commonwealth, pursuant to Pa.R,C,P.405 (c) (1) (2), by mailing a true and attested copy thereof at In the following manner: ( ) (a) To the defendant by ( ) registered ( ) certified mall, return receipt requested, postage prepaid, addressee only on the said receipt being returned NOT signed by defendant. but with a notation by the Postal Authorities that Defendant refused to accept the same, The returned receipt and envelope is attached hereto and made part of this return, And thereafter: ( ) (b) To the defendant by ordinary mall addressed to defendant at same address. with the return address of the Sheriff appearing thereon, on the I further certify t~at after fifteen (15) days from the mailing date, I, have not receil/ed said envelope back from the Postal Authorities. A certificate of mailing Is hereto allached as a proof of mailing. ( (3) By publication in the Adams County Legal Journal, a weekly publication of general circulation In the County of Adams, Commonwealth of Pennsylvania, and the Gellysburg Times, a dally newspaper published In the County of Adams. Commonwealth of Pennsylvania and having general circulation in said County for successive weeks of . The Affidavits from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made part of this return. ( (4) By mailing to by mall, return receipt requested, postage prepaid, on the a true and attested copy thereof at The Authorities marked Is hereto allached, ( ), (5) Other returned by the Postal r. i. ",..,'~,~.;~,i. . ll'1--1n:J Court cr C.:mmO:1 ?le::s or C:Jr.::"'~:id::nd C:;u,;,;-:y, PSMr:syl'lc::ni:: Walter N. Heine Associates 'is. Jack Forbes ':\ ----t ..- ::-roo q4_1~nl Ci"il T~rm ~aw, Anril 04 ~9.JlA... !. S~~'!" O=' C~G:::?.!..A.'fD COt..~'=Y. ?~ CD h:=Y d...;:u= == s-~.:' oi AnRmR c,u:ty :0 =::'".1= .~;t .,V:::, ... ..... .. . .. . ::::s =-::uc:CU w:::ll -....- u == ~ ::a. :-...u at ?t..:-::i. :.:e r~~<~ Sl1e.~ at s==er.:u:d C,::IIIl1tT. ?:I. Affidavit or ... . :::er'Tlce ~OWr !~ , .- o":!cc.: ',L !:-."':'i == wi.:":" '~pon ~; by ::~ :.0 3. c:pr or. = 0::;:-..1 ... md _~r:_ lc:own :.0 ' . :.:.e .::::t:::S ==--:::L So :r.::.sw=. 8"AA_Af__Y;> )J/~ Shc:5 of CoWlrT. :':1. 5wcc :me r.:==-:hd be:cn: COSTS SD,'VtCZ ~ar.!AG:c. .~:UJA"Y"17 s == :::.s 6yoi '0 .-- -------.--. s 1_ "'--4 J,I Ilno:) swvov t _~. .: ("\ I ~.. I h6 I\~_, 1'1,... a .:u,: , I' IlJV 1, ':J \J \.... .....0 \." ' \ \ ..'....4 . ., . ,~ "-~.' ;.... . ".- :",'1" '_"'~ .', i.,....,.,." .. 101 WALTER N. HEINE ASSOCIATES, INC" VS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 1601 CIVIL TERM IN ASSUMPSIT JURY TRIAL DEMANDED Plaintiff JACK FORBES, Defendant , PRAECIPE Dear sir: Notice for Entry of a Default Judgment was furnished to the Defendant in the above captioned matter. No Answer has been received. Kindly enter a Default Judgment in favor of the Plaintiff and again? the Defendant in the above captioned matter/~ ""'4 f ~ ~DVP'l 01: ::J~ 1 J" .J . f7 f/()~ I'IJ'H>no.J'+ /4Pd Cb..ri::r-. t.i By:~~~#t~~ Anthony VDeLuca 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 -. .-. n, -'~.. . ~ -"'- TO: Lawrence Welker, Prothonotary August 1, 1994 DATE: ~. 8- - ~ t;;. .....' - - c:J .a ~:: ;!.~.., -..'o-,t- :I; to:)%t,)_" '-0 ... ~~..t:e;'~ .~~..i;j. ... ~',: ~,t;l! ''''-'1.17' -""-;11W ....;.;a.;c... t"::J ~.., o f ~ ..,- ':'''"''~- .-- . . . WALTER N. HEINE ASSOCIATES, INC., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JACK FORBES, NO. 94 1601 CIVIL TERM IN ASSUMPSIT JURY TRIAL DEMANDED Defendant To: Jack Forbes 1065 Forrest Drive Abbottstown, PA 17301 Date of Notice: July 14, 1994 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE '" COURT ADMINISTRATOR CARLISLE, PA 17013 (717) 240-6200 An hony L Attorney f r Plaintiff 113 Front street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 J ~~ ~~ ""'- ;'i!; Co ?;: >- ~loJ~~:' ...:. ~ Z~';z" ~ r- ;;oo~ -... In :~;:~~. ("'tIo.,I .~ 'r":'#-. Q - ,:;..":J'~ o::l ~' ::,~:~;;; ~ - ~ . ~ xn ".;., g ~(...'l CZ ~_...", c:s- c-.\ ;: ~~ ~i\ ~~ - . .