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Home My WebLink About94-01853 -; J J N) ~ -- f~~~';'t...."T,~~~iO -. ~ :.t IC"04,JI{ I so ,'-{' -"~----r / bS- 'f I ~~. IIICRO UNITED, INC., Plaintiff ) . . ) . . ) . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1853 CIVIL TERM vs JAMBS M. DUNNE, Defendant CIVIL ACTION - LAW . . NOTICE OF ARBITRATION HEARING As Chairman of the Board of Arbitrators appointed in the above captioned case, I have fixed Tuesday, May 2, 1995, at 10:00 o'clock, A. M., in the CONFERENCE ROOM (Fourth Floor, East Wing), of the Old Courthouse, CarliSle, Pennsylvania, as the time and place for the hearing. Anyone finding this time unsuitable will please make appropriate arrangements with all counsel involved for another time, including the scheduling of the Conference Room. April 6, 1995 cc: Leslie B. Handler, Esq. 319 Market Street P.O. Box 1177 HarriSburg, PA 17108 Attorney for Plaintiff ~~ J}l_~~~ ~7hn M. Eakin, Cha rman James M. Dunne 504 Market street Lemoyne, PA 17043 Defendant James D. Hughes, Esquire 60 W. Pomfret Street Carlisle, PA 17013 Arbitrator Lindsay Baird, Esquire 1252 Holly Pike Carlisle, PA 17013 Arbitrator Office of Court Administrator 1 Court House square Carlisle, PA 17013 iE N .::- N ~ >- ~ ":J" ~ 'i-,i' '...... co.... ... ...- _0() o()";" W -II) ~ _0 S3;~;:::~iS c:Jdl-":'~ .~cL ~~ Z ~,.: C'4C'4 Z Sill;:::;::: 0( .. tl ;:::;::: (I)'" -- ::IC(!"-.... (/) ~i ~~ :I: . MICRO UNITED, INC., Plaintiff . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1853 CIVIL TERM v. JAMES M. DUNNE, Defendant : CIVIL ACTION - LAW To: Micro United, Inc. You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ~~~~ Susan N. Duke, ESqU~' Attorney I.D. No. 59051 128 Locust Str~et P.O. Box 11619 Harrisburg, PA 17108-1619 (717) 236-7999 Attorney for Defendant MICRO UNITED, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1853 CIVIL TERM v. JAMES M. DUNNE, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER WITH NEW MATTER AND NOW, comes the Defendant, James M. Dunne, by and through his attorney, Susan N. DUke, Esquire, and answers the Plaintiff's Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that Defendant received statements of balance from Plaintiff. It is specifically denied, however, that Defendant made no objections. To the contrary, Defendant attempted on numerous occasions to resolve the disputed issues between himself and Plaintiff and strenuously objected to the manner in which Plaintiff was handling the matter. 5. Admitted in part and denied in part. It is admitted only that Defendant, by signing a credit application dated November 20, 1992, agreed to pay interest at the rate of 1.5% per month on past-due amounts and to pay reasonable 1993, is attached hereto as Exhibit "A". 8. On January 19, 1994, Gary M. Hite, Defendant's business partner, drafted a letter to the attention of Jeffrey K. Hewson, President and Chief Operating Officer of United Stationers/Micro United, in a further attempt to resolve the dispute between Defendant and Plaintiff. A true and correct copy of the January 19, 1994 correspondence is attached hereto as Exhibit "B". 9. Approximately two (2) months later, on March 22, 1994, Mr. Hewson issued a written reply to both Mr. Hite and Defendant, stating, inter alia, that (a) full credit had been issued for all eight (8) modems that were erroneously shipped to Defendant, (b) the "inconvenience that his [sic] series of transactions has caused [the Defendant]" was "regrettable", (c) an amicable resolution of the matter was desired, and that (d) certain courses of action could be taken which Mr. Hewson believed would resolve the dispute. A true and correct copy of Mr. Hewson's letter of March 22, 1994 is attached hereto as Exhibit "Cu. lB. Before Defendant could accept any of Mr. Hewson's proposals for resolution, however, plaintiff, by and through its attorneys, Handler & Wiener, filed suit on April 12, 1994 in the Court of Common Pleas for Cumberland County - 3 - ~!".",.,__, v.,..,.,:,,_.,,~..._._.. "" ,..-,_... '~_"._ -....-...- collection costs and/or attorney fees incurred in connection with the collection of any past-due account. It is specifically denied, however, that Defendant is liable to pay Plaintiff the sum of $388.53 for collection costs and/or attorney fees. To the contrary, Defendant is not obligated to pay any such charges because Plaintiff's conduct during the time Defendant was attempting to resolve the dispute between himself and Plaintiff is the sole cause for any amounts oWing becoming past due. WHEREFORE, Defendant prays this Honorable Court to enter jUdgment in his favor and against plaintiff or, in the alternative, to dismiss the Complaint. 6. Paragraphs incorporated herein length. 7. From about September of 1993, Defendant had been involved in the process of attempting to amicably resolve his dispute with Plaintiff regarding the erroneous shipments of merchandise which Defendant had not ordered from Plaintiff. A true and correct copy of a letter, dated September 29, NEW MATTER to 5 of Defendant's Answer are 1 by reference as if fully set forth at - 2 - .;;.....~..^' . ~ "C.':"'~ .....;._-_;..;;...'::::...............'~,H,;,",'~c<;.;.._; ,~",,""'"C ''1'-.- - < . '. . seeking to recover the sum of $1,554.14 plus $388.53 in collection costs. 11. Defendant believes that the filing of a lawsuit, while talks were in progress with the President of United Stationers/Micro United to resolve their dispute, is unfair, unwarranted, and in bad faith. WHEREFORE, Defendant prays this Honorable Court to enter jUdgment in his favor and against Plaintiff or, in the alternative, to dismiss the Complaint. Respectfully sUbmitted, Date: r-/z"/11.f , , ;?-~::2e Susan N. DUke, Esquire Attorney I.D. No. 59951 128 Locust Street P.O. Box 11619 Harrisburg, PA 17198-1619 (717) 236-7999 Attorney for Defendant - 4 - VERIFICA~ION I, James M. Dunne, hereby acknowledge that I am the Defendant in the foregoing action, that I have read the foregoing Answer with New Matterl and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S. Section 4994, relating to unsworn falsification to authorities. Date: ,)-.:2.0-9'( ~ ~^".~ James 11. Dunne / EXHIBIT "A" FAX MEMO TO: Micro United United stationers FAX: 708-390-9136 ATTN: Credit Department FROM: James Dunne DATE: 20 September 1993 Dealer Account 802266001 RE: I am today in receipt of a modem which has been returned by Micro United because "item has been opened." Your records will indicate 8 such modems having been returned. These products were returned because of Micro United's error. I had ordered four 14.4 V.32BIS External Modems. I originally received four 9600 baud modems. Upon contacting Micro United, I was advised that the computer item number, bar code, product number and other information in your system clearly indicated that these modems were as ordered. Citing a warehouse problem, four additional modems were shipped and a return authorization was issued. The next four modems were, again, 9600 baud. Upon contacting Micro United, the same story was repeated. It couldn't possibly be a Micro United error ... all numbers indicated that the modem was to be as ordered, a ]4.4 V.32BIS. Now I"m told that Micro United will not accept return of its own products because of its error. The correct UPC number for the modem ordered, the one advertised, the one with all the inaceurate number is 26947 0]041. How do I know this'! Tech Data was happy to provide the correct modem, the same one they advertised and, ironically, the same one they shipped. Your records will also indicate that the COD check issued upon my receipt of the original order has been returned NSF. Funds were intentionally moved out of the account after we realized that the incorrect modems had been shipped. The funds were not transferred back into the account when the arrogance and error of Micro United was encountered. A recently received statement indicated a $50 charge for this NSF event. I would suggest that as of tomorrow morning, a stop payment will be issued on this check so that Micro United can not present the check by way of inter-bank collection. It is beyond my comprehension that I am expected to continue to pay for Micro United's mistake. This would nOl, in iteself, be so irritating if there had been some intent to investigate the stupidity of these errors. However, considering the fact that it now appears that Miero United is intentionally advertising, shipping and selling products that are not what they are represented to be, this malter has become far more serious than a personal desire to insure that client monies are, in fact, used to purchase what has becn ordered. Until such time as a statement is received from Micro United which reflects full and complete credit for all 8 modems, the elimination of the $50 NSF fcc, and an additional credit of $50 for the costs of erroneous reshipments, no payment will be made to Micro United. You arc, of course, welcome to pursue this maller in any way you feel appropriate. 1 would suggest, however, that I too retain that right and am more than willing to pursue this maller with a formal complaint to the Federal Trade Commission and the AlIorney General's Offices for the Commonwealth of Pennsylvania and the State of Illinois. Simply put, this maller has now gained the appearnnce of intentional fraud. My allorney has been made aware of this scenario and is fully prepared to move forward immediately. Any contact you wish to make with me in this regard, excepting the requested statement, is to be directed to: Susan N. Duke, Esq. 717-236.7999 128 Locust Street P.O. Box 11619 Harrisburg, PA 17108.1619 EXHIBIT "B" EarB JW. 2-lite D James JW. 1J)U1I1lC Post Office Box 88 Lemoyne, PA 17043.0088 717-730.7467 Fax 717-730.7469 19 January 1994 Mr. Jeffrey Hewson President & Chief Operating Officer United Stationers/Micro United 2200 East Golf Road Des Plaines, IL 60016 Dear Mr. Hewson: Enclosed please find copies of documents and correspondence which have, after a considerable time, resulted in this letter directed to your personal attention. It would appear that Micro United has sold the collection of an NSF check to an agent, Financial Adjustment Services, Inc. As contracted, FAS has pursued the most insignificant aspect of this entire scenario. To date, no written contact from Micro United has been received. No direction to UPS via a call tag has been provided so that the wrongly shipped product can be returned. I am requesting your personal attention in this matter so that we can mutually resolve this situation in our individual best interest. Further, by copy of this letter and the other materials enclosed, I am requesting that FAS cease and desist all collections activities and any further contact with us or our bank. It is regrettable when business escalates to this level of frustration. I suspect that all of this is new and perhaps shocking to you and again restate my willingness to resolve this issue directly with Micro United and your office. So that no further misunderstandings occur, I respectfully request your response in writing. Sincerely, Gary M. Hite :gmh -<.'""-.._;j~,,,,..,,,--",,,,- fT'.-"'''''''''':--:--''''-:-f"t ~lri,''',",~", EXHIBIT "e" -___ 01olI, BLNITED . STATIONERS fI Jeffrey K. Heweon PrnIdont and Chlof Oporollng OttICer .1lecutlV' OffIc.. 2200 E. Golf Road Des Plalnes.lL 60016.1267 708/699.4702 March 22, 1994 Mr. Gary M. Hlte Mr. James M. Dunne Post Office Box 88 Lemoyne. PA 17043-0088 Dear Gentlemen: Please let me review the circumstances as I understand them regarding the balance ow('d on your account. To summarize, a COD order was placed on your account in August. of 1993. In addition to other merchandise, the order included four modems. The modems received were an incorrect model. A replacement order was sent on open terms to replace the incorrect modems. This shipment was also found to be the incorrect model. In researching the situation, we found that the manufacturer had sent the Incorrect model of modems pacltaged in the carton for the model that you had ordered. We accepted the eight modems back and issued full credit for the modems. This left a balance of $1,504.14 on your account. The COD check that you had issued to us for the Initial order was returned to us by your bank due to nonsufficient funds. A $50 charge for the returned check was added to your account. The modem that YOll have in your possession was returned to you as nonresaleable have been opened and the manual missing. This modem. however. was not deolted back to your account. Your account has been credited in full for all eight modems. .. .. ...... ., ". :::'. .. . . .. ~ '! t ' :. .;l , I i II .-' ";',' United Slallone,. Inc. , . Mr. Gary M. Hite Mr. James M. Dunne March 22, 1994 Page 2 We apologize for the error and regret the inconvenience that his series of transactions has caused you. We, too, wish to come to an amicable resolution to this matter. To the end, we propose the following: Micro United will issue a UPS Pick Up request for the modem currently in your possession. We will remove the $50 NSF charge from your account. We will waive any associated interest and collection costs. We will remove the matter from the collection agent. If this is satisfactory, please forward your check in the amount of $1,504.14, which covers the merchandise that you have retained, to Nick MarUsek in our Credit Department at the above address. Again, we apologize for the inconvenience and look forward to a prompt resolution. Sincerely. . CERTIPICATION OP SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Answer with New Hatter and Counterclaim upon the following individual by Pirst Class U.S. Hail, postage prepaid, addressed as follows: Leslie B. Handler, Esquire Handler iii Wiener 319 Harket Street P.O. BoX 1177 Harrisburg, PA 17108-1177 Date: r /7tJ /,,'1 . I ~e1: Attorney 1.0. No. 59051 128 Locust Street P.O. BoX 11619 Harrisburg, PA 17108-1619 (717) 236-7999 - Attorney for Defendant - ".'."','" "0 ~'li/o.~.,' . . . NOV 4 1994 d- MICRO UNITED, INC., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 94-1853 CIVIL TERM JAMES M. DUNNE, CIVIL ACTION - LAW Defendant ANI> NOW, thi s ~ ORDER {L day of pJJV , 1994, upon consideration of the verified Petition of Defendant's Counsel For Leave To Withdraw Appearance, it is hereby ORDERED and DECREED that said petition is GRANTED and that petitioner, Susan N. Duke, Esquire, be permitted to withdraw her appearance of record for the defendant in the above matter. J. c. ., " ::::: co - .....,; c= ....::1... ::-;~.~. ~~: ~ ,.-- ._'..-....... (?~~ ~ :"l-" -c:.< W & .... -u :x - c.a ..c.. MICRO UNITED, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. 94-1853 CIVIL TERM JAMES M. DUNNE, Defendant CIVIL ACTION - LAW PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW APPEARANCE The Petition of Susan N. DUke, Esquire, respectfully represents: 1. The above-captioned case was filed on or about April 8, 1994, and Petitioner was retained on May 11, 1994 by Defendant to represent him in the matter. 2. On May 2e, 1994, after consultation with Defendant, Petitioner filed an Answer and New Matter on Defendant's behalf, verified by Defendant, denying the allegations of the Complaint. 3. Since that date and upon notification to Defendant, Petitioner has commenced employment with the Commonwealth of Pennsylvania. 4. As a Commonwealth attorney, Petitioner is sUbject to the Commonwealth Attorney's Act, Act of October 15, 198e, P.L. 95e, as amended, 71 P.S. Sections 732-lel et seq., and has been strongly discouraged from engaging in any part-time private practice. - . Cr. .,,___Iii:.1.. 5. Petitioner has explained the above situation to Defendant and Defendant has consented to Petitioner's withdrawal from his representation. A true and correct copy of a letter from Defendant, dated November 2, 1994, is attached hereto, incorporated herein by reference and marked "Exhibit A." 6. Defendant has informed Petitioner that he is in the process of securing the services of alternate counsel. 7. The withdrawal of Petitioner can be accomplished without material adverse effect on the interests of Defendant. WHEREFORE, Petitioner prays this Honorable Court grant Petitioner leave to withdraw her appearance for Defendant in this action. Respectfully sUbmitted, Dated: ~bl../.'-~ /1?c; ~~~~ Susan N. DUke Attorney 1.0. No. 59951 P.O. Box 11619 Harrisburg, PA 17198-1619 (717) 783-4467 Petitioner and Attorney for Defendant to unsworn falsification to authorities. ~-~t;~~ Susan N. Duke, Esqu re - VERIFICATION I, Susan N. Duke, Esquire, hereby acknowledge that I am the Petitioner in the foregoing matter and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. section 4984, relating Dated: ~.n~ ~ ifJ!L .' EXHIBIT A ...--.....- .Tames M. DUlme Post Office Box 88 Lemoyne, PA 17043-0088 2 November 1994 Susan N. DUke, Esq. 128 Locust Street P.O. Box 11619 Harrisburg, PA 17108 Dear Ms. Duke: Please accept this letter as consent to your withdrawal from professional legal services which you have provided in the past. It is my understanding that your recent hire into a position with the Commowealth prohibits you from continuing representation of private sector clients. . With specific regard to the actions brought by Micro United through its attorney of record, Leslie B. Handler, please know that counsel will be secured directly or by referral from Central Pennsylvania Legal Services and/or the AIDS Law Project of pennsylvania. Thank you for your services. Best wishes for success in your new position. Sincerely, ./,;p~ James M. Dunne CERTIFICATE OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Petition for Leave to withdraw Appearance upon the following individual by First Class United States Mail, postage prepaid, addressed as follows: Leslie B. Handler, Esquire Handler and Wiener 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 Da ted: ~1'1'./~ LI, 1'19'/ ~a~?~~ Attorney 1.0. No. 59051 P.O. Box 11619 Harrisburg, PA 17108-1619 (717) 783-4467 Petitioner and Attorney for Defendant J . ~ IV) ~ "".:" ....g. 0;)0 - . "'l;. ::::::~ ::i '::... -...g 0 .-;) rv, ,.~ ;;:, ~ "I - Lri - ~ "- '::to ...-. ;tq: ~~ :;r. .... ..-, ~ a! ~ ~ e ~ i ~ I 1><,.:1 ... Z ~.e: s U !J l:; '" ~ t 8~ ,.:I :. ...... 8 ~~ 5 r<lo.: . iSi!i! iSu . ..... u.... is:: c .... ~ III ~~ ... !l ... C III .." ~~ ~~ ~ ... fZ ~ :Q 0.: g ~l:;~ z ... ~ ~ ... !;; I>< II: l&I Z . l&I CI J ~ E g - "...- ..:Jc~t~S ~s~i~~a '8~[I~~;s III l&I ell " = .Jri ~ o :z: Z c( J: . . z > ~ ., . lQ CIl ... ... .. CIl ,.:I lil u ... z . . ... ...0 DEe} 1 1994. ~2.., '. . _ l. ..._- '_N,"or,~~~__." . '."'.~.._,..~... ~., . . . . . MICRO UNITED, INC., Plaintiff IN TIlE COURT OF ca+ION PLEAS CUMBERLAND COUNl'Y, PENNSYLVANIA NO. 94-1853 CIVIL TERM CIVIL ACTION - LAW PETITION FOR APPOIN1MENT OF ARBITRATORS TO TIlE HONORABLE, TIlE JUDGES OF SAID COURT: v. JAMES M. DUNNE, Defendant Leslie B. Handler, Attorney for Plaintiff above named, respectfully represents that: 1. The above captioned action is at issue. 2. The claim of the Plaintiff in the action is for $1,504.14. 3. No counterclaim has been filed by the Defendant. 4. At this time, Plaintiff is not aware of any ClUDberland County attorney who should be disqualified. WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be assigned. Respectfully submitted, HANDLER AND WIENER . ), By: ,.; J?...{J / -LI /~ ~tfl:B. ~dler --W4w} Attorney for Plaintiff 319 Market Street, P.O.Box 1177 Harrisburg, Pa. 17108 (717) 234-8031 Dated: December 21, 1994 .... ,-.. . . , .. . .. V. JAMES M. DUNNE, Defendant IN 'IlIE COURT OF cot+lON PLEAS CUMBERLAND COUNr'i, PENNSYLVANIA NO. 94-1853 CIVIL TERM CIVIL ACTION - LAW MICRO UNITED, INC., Plaintiff ORDER OF COURT AND NaoI, 'IlIIS ;..~/(.dday ofllll/t.c.h ,1994, upon consideration of the foregoing Petition, Lluhn ~11 /(;:11I ,Esq., as Chairman, J..26m.s- <;' )). /luGJ..L.S , Esq., and L/NJS/1t/ &/d, Esq., be and ;;''13_ 513.1. \! Il..~^ J..l~ (::',; are appointed Arbitrators in the above captioned action. c....IU4, (" hereby th axmT, ib ~.J E ,_ _____ P.J. H~R 28 8 56 4H '95 OF ~: ~UN p ~'f-"G~ ". ~Ii'jl.f: T,!~}- ~';..1\;) tl-"".lrr l,ll:: 'r I . '~'f ~ . . ..... .... o::r en . ~r- -<" :c wt~:~~t a- uzc,.-;,r -ou..... Q"I ~.....O... :I ~~~:r;-;! I -.'''illl ~ ;~ _J__ . ..:.:-e '-'J~~W ("ooo.J " ;: xu.. .=> ~'-' ,., " Cc; . . ' ~..;;::)D ~ 'Y\ M a: .... .... n ~-.) -' ...) ~---j-~ .--- J A --\ ,~ "fJ ~ .~ ~ ('0 ~~ i~"~ ~ ~ .I ~ ..... I .... ~~ ~ ~.~ !~ .... i~ ~~~ . ~ . ::E > ~ ~ :~U r ..,.. ~ ~ .. U~ \~ ~ ~ ~ a: w z . W II !l -I;; 0 Ii! ~ w IS_ .~o~~Q.~8 w U)- ~ ~~Zl;;~~ ....15 < II: :J a: d . ~O:~O:;E :&: W Gl a: . .J M ~ III 0 QI Z .... <( .... J: ! ~4. '. - l . .. . .. , . , . . . . . . . " ..... ".; -,' , . . . " . . . \ " '\ " MICRO lINITED n<<:., . Plaintiff .: 'rn 'I1IE QXlRT O~ <XHrlN PLEAS' . .. . . ..,. . . .. ';"1..._ . , ':"~'CXJUNlY, P~YLvANtA ",~. ;i"~ I J 5~(!?':~}.J,--:'~~, ;, , CIVIL ACTION .'- LAW . . , , .. ,. v. JNES H. OONNE, Deferxjant JlotlCE ' .- . , ' Jou ha,a been aua4 in court. If ,OB wilh to 4afen4 . a.aiolt tha clai.1 aat forth in the followlnl pal.at JOB BUlt taka action. within twent, (20) da,a aftar thia Coaplaint an4 notice are aer,e4, b, enter ins a written appearance peraonall, or b, attorne, and filin. in'~ri~ins with tha Court !our dafena~a, or obJectiona to the clai.a aet forth a.alnat 'OU. Jou are werned that if 'au feil to do ao the caae .11 proceed without IOU and a JudBment ~al be entered asainlt ,au ., the Court without further notice for enl ~one, claimed in t~e Complaint or for an~ other cla!m or relief requelted b, the Plaintiff. Jou'.a, loae . . , mone, or prop~rt, or other r!Bhte i.portant to IdU, .. tou SIIOULD TAn TillS rArER TO tOUR LAWtER AT ONCE. IF TOU DO NOT IIAVE A LAWTER OR CANNOT AFFORD ONE, GO TO OR TELErllOHE TilE OFFICE SET FORTII BELOW TO FINB OUT III1ERS JOU CAN OET LEOAL "ELr. Court Aaninistrator ~ 4th Floor Culi>er1and Couit House One Courthousj'! Square Carlisle, Pa. 17013 . . By: . er- Attorney for Plaintiff 3'19 Market St.-P.O.Box 1177 Harrisburg, Pa. 17108-1177 ('].17) 238-2000 , "- ",-;"'~",-. .. , . . .. , .' , . v. 1 1 1 1 1 I I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICRO UNITED INC., Plain1:iff CIVIL 1994 JAMES n. DUNNE, Defendant CIVIL ACTION - LAW COMPLAINT 1. Plaintiff is Micro United Inc., a corporation with an address of P.O. Box 7780-1724, Philadelphia, Pa. 19182. 2. Defendant is James n. Dunne, with an address of 504 Market Street, Lemoyne, Cumberland County, Pa. 17043. 3. Upon the oral request of Defendant, Plaintiff sold goods and merchandise to Defendant, as to which there was due and owing through October 31, 1993, the sum of $1,554.14, as set forth in a statement of account attached hereto as Exhibit 1. 4. Plaintiff has rendered to Defendant since October 31, 1993, statements Showing the said balance of $1,554.14 to be due and owing by Defendant, to which accounts Defendant has agreed and has not objected, and an account has therefore been stated between Plaintiff and Defendant in the amount certain of $1,554.14. 5. By a credit application made on November 20, 1992, Defendant agreed to pay interest at the rate of 1.5~ per month on past- due amounts, and also agreed to pay reasonable collection costs and/or attorney fees incurred in connection with the collection of the account, and Plaintiff calculates those to be 25~ of said $1,554.14, or $388.53. WHEREFORE, Plaintiff claims there is justly due and owing to it by Defendant the sum of $1,942.67, plus interest at the rate of 1.5~ per month from October 31, 1993, on $1,554.14 and costs of suit. HANDL~ AND WIENER; ~ BYI ~Jd<-a ~~ ~ I::e/lllie B. Ha dler - ( 190) I Attorney for Plaintiff 319 Market St. " P.O. Box 1177 Harrisburg, Pa. 17108-1177 (717) 238-2000 .' III UNITED STATIONERS SUPPLY co. o t<mue.1i'f INQ.. ~ o Goe <lb. ~~ o 1~~MS CREDIT APPLICATION DlIt )/-;;"0- Y^ I rHo) hereby apply lor extenalon 01 credit Tho 'oftowfng Inl00matlon Is submltt.d In cOIlndonce. LEOAI. NAME Of' COMPANY ADDR!88 TELEPHllNS CITY' STATE ESTAlIUSHED lD PlIEIIl!HfOWllERSHIP lD _ o COlll'OllAnoN o PAllTNEASI1IP PRINCIPAL OWNERS OR OFFICERS .'. HOMI ADDRESS CITY 1-.:....P ,>e TITlE SO If l.tJvr '<<-1- 11- 0" " 3. REFERENCES lANK I, I+c.rrij SLI""1j Gi!CIONO ACCOUHf NO. /O/JOO ~~/D LENDINQ OflfIClR WJORTRADISUPPUERS' PII:ASf: (WIn! 9"!N TERM~ LiJ ~ H P,>h J 2. kth fJuk 3. 1) i j h-.l.' ...h,,,, rp Iv J /'JOlt: IF C!. O. J). amser A1iDRISS ""1~5t. CITY }gJ- STATE FA- 4. a. 'PLlMI UST CURRIHf WHOlJllALlIUPPUIIlS \ ,;WI". C.SHeil.4lt ') _. MICRO UNITED COMPUTER PRODUCTS __.._. c-v'" .../ V -- ~qod- ~loCo OR'G'NAl ZIP o PROPRIETORSHIP BTAll! ~A- TILII'lfONE ,/7, 5<;'11' CITY LC"'''''1IIf. STATE fA ACCOUHf NIIMBER TILEPHONE ;).31. -~Ol p..,tJNUAL. S""ks $I Jao (/Or) / ACUfI8nl nnanci8ll18tement muaI be submllled In orderto qualify lor credit epproval.lI current figulf/llle not avellllble, pleaee complete and elgn tho Iorm on tho rMllIelldo. II cred_lsextonded I/WO egroe.o pay an doblllncurredwithln tho 11IIrnt 01 Ball. Howlver, should 'he dtbtbecome pat' duel/Wt exprellly '9181I (.ubJoc1'O a18lutotY regulatlonB) to pay ft~ance cherge. on tho p8S1 dUD emountt at the rale 011112% per month (18% annual rail); provided that no provision 0I1h1s agreement requires or permlla tho conedlon of ftnancecharges In excelS olll1e maxtmum amounl permllled by low.l/w8lurth.r expressly agr.e to pay Illlll.onable colloc1lon coals and/O/ a!lomey', lee. Incurred In con~tcIlon wilh the ool1ectlon 01 thIe aocounl. this application must by slgned by an 0ItIcGr 01' Principal In order to be proc.eaed. .@ ~ #h ~~, S1GNIDBY; fP-vv__- Iy- ..,d"- (_ ~ ~e )f, DATE 11-;;10 -p- DATE I I L r' · I - .\- ..f. '. ... COHHONWEALTIIOF PENNSYLVANIA ) t. ss. ) COUNry OF TlAIIPHTN Personally appeared be fate 'me, a Notary Public, in ~!,1' :'.'.'t: .",. .'. . I and for ,~he Commonwealth of Pen~~ylvania and County of Dauphin l.eslie B. Handler. Attomey-i~Fsct. for Micro , United Inc. who, being duly. sworn according to law, depose(s) ,and say(s) thall the facts set forth in the foregoing . Cmnlaint , of his information, knowledge and belief. are trUe and correct to the best ~~ Sworn and subscribed before " me thls S.,:.f, day of April , 19~. ',lULL' !\ (/-/1./.;11 Notu')' Public ' . lIy Commlss ion Expires: NOTAIl/Al SEAL H~, Fl SLCO\1. Ncrano Put',c . Ct~:01 01 ~.':tf!;'1Ut\j, D~c~h', C~,;r:... ~~~~~~>_.~_r.~ :-'::':'~\ '.=.:::-2....g _:r.:;"__1 ." -/ ifL .E":: -::r en - ." .1 .... ,.' : = '-'- .:t- In ("") '-' '. ,--. w .... <:::> . ' 'h, , ;::.) 4 < H cn~ ~~~ ,",cn~:3: ~z ~ g~ ~-tj~ g, ~6 00< 52 1....1 8~a1:~ j .tj t>Jffi~ Pco ~B ~ H ClG ~ g t5 ~ s>-~ cnCOH ~ ~ li ... fij "0 C QJ ..... -~ ~ . C' III lU .. " . !/ I.< .. QJ Ii ..... . "0 c fij .J :t:: ..... ..... ..... -... . c !i '(u H..... .'"' ~ ~ ~ ~ :E . > . CO QJ ..... ..... III QJ ....1 . :E I ..., . . . . a: ILl Z ILl II ~ e g "" - o cIi !; t s ~i~~! a:~~;~ ILl 01 " ..J Pi ~ o :z: Z <( J: . . t,~'^-'-"'",-,-" "c.."','.""":: .. ."" -.. I . rt 'lIll...,I}, I tliV.,'j IJ :11'1 . . MICRO UNITED, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-1853 CIVIL TERM v. JAMES M. DUNNE, Defendant CIVIL ACTION - LAW DEPOSITION BY WRITTEN INTERROGATORIES TO: JAMES M. DUNNE, Defendant and SUSAN N. DUKE, ESQ., His Attorney Pursuant to Rule 4004 of the Pennsylvania Rules of Civil Procedure, the following Interrogatories are exhibited to and are to be answered by Mark Fisher of Micro United, Inc., a party witness, who is without the Commonwealth of Pennsylvania and more than 100 miles from the Cumberland County Courthouse. The said party witness shall be produced, sworn or affirmed, and examined on the part of the Plaintiff in the presence of Connie Hanker, a Notary Public, with an address of c/o Micro United, Inc., 2200 E. Golf Road, Des Plaines, Illinois 60016. HANDLER AND WIENER By: ~ Lesl~e B. Hand er - (07190) Attorney for Plaintiff P.O. Box 1177 319 Market Street Harrisburg, PA 17108 (717) 238-2000 -,.",. "..-..;~~,_",:P-'.'~-~t:;_":'ft'_ .. . .. '-~ . . . . . . . / 1. Please state your full name. Answer: MARK EDWARD FISHER 2. Are you employed by Micro United, Inc.? Answer: Yes. 3. What is your job title or position, and your work address: 2200 E. GOLF RD DES PLAINES, IL. 60016 Answer: CREDIT EXECUTIVE 4. Are you familiar with the account of James M. Dunne, Defendant? Answer: Yes. 5. Are you aware that in an Answer filed to the Complaint in the law suit brought against Micro United, Inc., the De- fendant claims that he doesn't owe any monies because of an error of in the shipping/eight (8) modems? Answer: Yes, we gave him full credit and that still leaves due and owing $1,504.14. 6. Other than to point to the eight (8) modems, has he ever put up any defense for the $1,504.14? Answer: No. Said $1,504.14 covers other merchandise. 7. Has Defendant made any payments on its account, which you are aware and, if so, state any ad the amount thereof. Answer: Defendant had issued check for his initial order in the amount of $2,175.13 and same was returned for insufficient funds. 8. Is the statement attached hereto reflecting a balance due of $1,554.14 true and correct? Answer: Yes. -.~.~'... '."!"iJ'~""',':'!f"~' '4 ..;.... . . . , . . ,.. '-. 9. In the Complaint, an additional $388.53 has been sought as attorney fees. Why? Answer: Defendant in his credit application agreed to pay reasonable collection costs and/or attorney fees, and we feel 25 percent of the amount due or $388.53 is reasonable. " .--'- 1.t'~.:J//. '\. -- ~idf~ CERTIPICATION BY NOTARY PUBLIC I, CONSTANCE J. HANKNER , a Notary Public, with an office and address of , do 2200 F. GOI FRO. DFS PIAINFSt II. 60016 hereby certify that MARK FDWARD FISHFR , of MICRO UNITFI'). INC. , appeared before me and answered questions posed as set forth in the statement bearing the questions and answers and his signature. ClI'I'lCIN. ...... CllIlI'fAIa...lWla. -JIWUC, IIllIIlI fl'1LLINCllI MrCl...Ioo I..Im ~ '.''''7 Notary Public CONSTANCE J. HA KNER Dated: DECEMBii:R aII:!-, 1994. My Commission Expires: .. :s .. I :: :h ~ :sg ., "'"" ... .. .. .. .. 1::0. .... .. 0. ~i ..d aa ... "" ~i r-I I L: .. o o .. .. ... " ... ... ..0 .... o .. o o :: ... 0... 00 ..... ::: i!i .. .. ~l; I ~! I ~i~ t II ~~i ~ -;.8 ~: I!I ~t ~ :: g i ~~ "g'. "~!:'" ":~~ ~c --:....' ~ o~..~~ ""..;.. In '!:~ IN ,..,.:.., G ..~ .....,. , ..... , : ~ ~ ~ .. ... II J ~~ i i ur- u u 1:"'~i~ ~~ ~. B II f I':'~ ~ .... I'lID tDV\ In ~ ~~ ~~ ;: ". ..,'" ..,.., .., .. .... .... .. o ..... .... 0 ... ....... '""0 .... ID ... .CPl .. o 00 00 0 ... .. .. a ~ u .. .. .. ~ . .. ~ "" .. .. a .. ~: ..~~ ...~~ ... . NO ..... ,.. ~: '~~ .~" ' o 11\0 ""':!-:"" ~; IN ~::. ': , ..... . ~ . u ... .. .. '" .. .. ~i ~ ~ is ~ .. . t'i : ! : . ! Z' .. . Q,&o.G.a.a.o.G.Q, .. .. ~ ~E' ~ 1;:.... QH [~ . ... ... ... ... ~ ~ . .. - ~ ... ~ l:l II i'" .... ~! h 8 8 ~U"'=i~ 1i~ ~ Ii Ii ;3':': II II N ~o. ..,.. 11\ ~~l N~ ~a....;:: ...:ll 11' u.., ~ J ...... ,.. c ~:~ ,,= 5 ... .~ ~ ~ ~4 5~~ O~f ~ ~l3~ii~~~ II :JII!...!..~~ II ~ ~~ n"~ t ~S:~ ~~ ~ ... ,......., :l\ S tB B ~ !I! .. Ii .. l:C .. ~ ~ I I :i .. .. .. w .. .. .. .J g .; ... .. .. .. ~ ~ .; .. .. .. .. .,; ~ .. . .; .. W ~ ~ .. II .. ~ .. 8 .; 8 .; I .. .f " {. E!!:!H JW. !lUte ... lJames JW. rnunne Post Office Box 88 Lemoyne, PA 17043.0088 27 April 1995 Mr. Jeffrey Hewson President & Chief Operating Officer United Stationers/Micro United 2200 East Golf Road Des Plaines, IL 60016 Dear Mr. Hewson 1 Enclosed please find a check in the amount of $100.00 to be applied against the outstanding indebtedness owing MicroUnited regarding account #802266001. Checks of equal amount will be forwarded directly to your attention each month until such time as the balance is paid in full. I regret that larger amounts can not now be remitted. The only guaranteed income available to us is my partner's monthly Social Security Disability due to hiv disease. If you prefer and have some method in place to request electronic funds transfer from our checking account, please provide the appropriate forms and/or authorization so that we can discuss this matter with our bank. The transaction date would need to be the first business day after the third of each month as the disability funds are transferred on the first business day after the second of the month. I will not be able to attend the scheduled arbitration simply because we can not possibly afford legal counsel. Regards, James M. Dunne ~1ft$~ xc: John M. Eakin, Chairman - Arbitration Committee Leslie B. Handler, Esq., Attorney for Plaintiff James D. Hughes, Esq., Arbitrator Office of Court Administrator Lindsay Baird, Esq., Arbitrator John M. Eakin, Esq., Chairman Eakin & Eakin Market Square Building Mechanicsburg, PA 17055 CCM1<l'MEI\I1l11 OF PENNSYLVANIA. COUNTY OF ClM3ERLAND In the Q:lurt of CamPn Pleas of C\J1lber1and county, Pennsylvania I>b. 94-1853 Civil 'I\mn CCJ1tl1aint in Civil J\ction Law and I>btice SHERIFF' S RE'l'IJRN Micro uni. ted, Inc. VS Jarres M. Dunne Michael Barrick , ~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly s'tlOrn according to law, says, that he served the within CCJ1tl1aint in Civil J\ction Law and N:>tice 18th day of April 12:33 o'clock 1994 at , - upon Jarres M. Dunne P .M. ~ EDST, on the , the defendant, at 504 Market Street, Ia:oyne , Cunberland County, Pennsylvania, by handing to Jarres M. Dunne a true and attested copy of the Collp1aint in Civill\ction and I>btice and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 8.96 2.00 24.96 Pd. by Atty. 4-18-94 So answers: ~~/ t: ..(~~ r; A -_:s. ~~ 7"""'; ~ J ..- Sworn and subscribed to before Ire R. Thomas Kline, Sheriff by#~p Deputy Sherif this ..)0 .~ day of ~J 19 '1.( A.D. (f)"'- C)Jldi:._ ~- Prothoootary -::r en . :r::: 0._ 3 ..... >-. ,... '-",- ... - .--- ~'.., '" u Z l.,r I:: -::~ U~'. ,., L {.l . _. __ ..1 . , "", . . '''- . . - . co c--.l ... w V1 :~, ~ , , .- ."~ - t..... .~:i"l ,;J ~c' c. < .... ~~ a: III ",g& z ~ III ~~~~ . - t II c:r 0 III :3:w E W~ Q l!: I: .. ;; ..... ...... .., .. U1 = a. 0 ~~~ ...... lij ~~ z t ~ ~~ ~~ ~ 't:l ClIO 0( ~ to.. .... .c .,....4 I a:. " N o ~tl .... ~~ 't:lc a:~q ; g .<ll ~ lij-' a. !-< 00< ~~ " ~~~S :c 1Il0l " ~ .J M c .... . Q " ~ . . fu a::l Z > ::E: ~!gu ~ ~ l>:: CII 0( .... ::c .... III CII ::E: ..:l - " .,. , ,. v. I IN THE COURT OF COMMON PLEAS I I CUMBERLAND COUNTY, PENNSYLVANIA 1 1 NO. 94-1853 CIVIL TERM 1 MICRO UNITED, INC. Plaintiff JAMES M. DUNNE, Defendant CIVIL ACTION - LAW 1 REPLY TO NEW MATTER 6. Paragraphs 1 to 5 of the original Complaint are incorporated herein by reference. Additionally, it is noted that the attempts to settle the matter are now meaningless, and the assertion that Defendant is not liable to Plaintiff in the sum of $388.53 for collection costs and/or sttorney fees is erroneous. 7. Denied. Prior to the sending of the letter of September 20, 1993, Plaintiff was given a check signed by Defendant that was returned for "insufficient funds" in the amount of $2,175.13, and a copy of said check is attached hereto as Plaintiff's Exhibit 2. 8. Denied as stated. Defendant's Exhibit B, a self-serving declaration, is not an attempt to resolve the dispute but an attempt to delay matters, and infuriated Plaintiff enough to recognize that legal action was necessary. 9. Admitted. However, Defendant failed to pay the referenced amount of $1,504.14, and therefore the matter proceeded to suit on April 12, 1994. 10. Denied as stated. An examination of the letter dated March 22, 1994, shows that same were not in the alternative but were things that Plaintiff was prepared to do providing Defendant forwarded a (good) check in the amount of $1,504.14, which Defendant failed to do. Although Defendant may have hoped thst it was going to stall Plaintiff for six (6) weeks as it had stalled Plaintiff for six (6) months, Defendant has no one to blame by itself that Plaintiff filed suit to collect its money, including the extra $388.53 in collection costs as provided by contract. 11. Denied as stated. Plaintiff would acknowledge that Defendant could believe anything about the filing of the lawsuit, but it is denied that talks were in progress, it is denied that Plaintiff was unfair in filing suit, and it is denied that Plaintiff acted in bad faith. To the contrary, Defendant is the one that acted in bad faith and has forced the parties into litigation. .' , . .. , . . --.' . I . WHEREFORE, Plaintiff prays that thlt defenses assltrtltd by Dltfendant blt dismissltd, and that Plaintiff be awarded $1,842.67, plUS intltrltst at thlt ratlt of 1.5" per month, from October 31, 1993, on $1,554.14 and costs of suit. BYI s ie B. Attornlty for Plaintiff 319 Harket St. - P.O. Box 11 Harrisburg, Pa. 17108-1177 (717) 238-2000 VERIFICATIOn I, MAR K E. F ISH E R, ere d i t Ex e cut i v e of Hicro Unitltd, Inc., Plaintiff in thlt foregoing action, hereby acknowledge that I have read the foregoing Reply to new Hatter, and that the facts stated therein are true and correct to the best of my knowledglt, information and belief. I understand that any false statements made in the aforesaid Reply are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ <i-- F~ . tJjb ~~~t.~t MA~~.E. ~H~~ ' Dated I ~.12., 1994 .~ ~. l J..Jal/t ~; '. .:', ...... ,'..! ,,_. '1lWI ...._. .. "" I I .. (') 1'1 i:: - ') I Ii ...." . . () ...]0 ,.... ,'C/l .J] .0: t.l,..t 11II N .< U'l.,l El 'g ." .. ... (0.1\ 1I 11 II' 1.'J N ..., ,\ , :r '--'.. r, '~ III El ..- 1'..'...... III ),(.... S. \...l It C/l.H> El -. 'f ll. t ",'l .,1\ :.~ '.11 - ... ..-....-..... . . .;.'o""::.z:;' :~~'f"'''''''~:'';'''ll~''';':;~:;'~II:t~~?'-P.2"'~S:':~'':'::':-1 . . . " .. . . . .;:;,:::,-;.:.,.... :y,;~';H::'; ..::.....;~.:..;.;~:\:;...I ;;;.i<il;.:,::~;~~),~;..~.:.-..;...~~~~~.::.~~.,.: "~'..' ....:.:-t.,.....:...... ..:-:o-ttf.:.~~~~;4t~~o;: $;"~1;.:oJ:,~,~r.~~:~',,,,,,,~,:oo:,,,:,,,,, . '. ..,. ...... " . .. ........ '" ~'..~.. c uH gq ~a .. .Ii:_ 1I0:!i ~t :}~- 0) . ql It- ~ "I ~!g... ::::1 OC!j CI 4.:: ..; ......... "::E:!fI)~ > -..... =CI)",wr ~~iE~~ < ~~ ... ~-' '" !AI .,.... ':t:' , II: Z ~ C- .... 1D1l . ~ "..; C/l- Cl< z": - -" >a: ., C::> - i ;1 ..., o:~ 0: ~ -.. w Xu.; "'0 Oa: "'w >0 I-t <a: 0.0 .. '. :. .. '. '. .......--.. ';;,1...... .........~~" .. .................:,... ..................-..-...... > t~~.t ;'i'i..~~..~~:~.~".:.:... ...,. . .,. \ -_." ...... . .......... '. . ......~...o:...~...,... '. .........!.!.... ~ -- .. ,it!f;:' t\- m ( ru ~ . .. t\- CU 0 I" 111 0 f'$ 0 "t . . ~ .~ ! ... ,.~."'-"" ... '" .. 111 t\- .. '" o o o o ... ... -- c.D 111 o o o o .. ;:)1.'.\ '. m .. ( " L /) Lu~,. iIlA/-6 J . ~~, In The Court of Cocmon Pleas of J"~ ))1 (.r1J(I--V'.-1~ ) ) 1 ) ) ) ) Cumberland Couney, ?ennsy1vania ~o. I JS;j ('~l-,if 19 tJ<( OATH We do solemnly swear (or affirm) the Constitueion of the United States wealth and that we will discharge the thae we will support, obey and defend and the Consticutio~ or this Common- duties of pu~ oi~ice with fi~itY. 7..-l~ n ,....-, ,....I 19S'_ 'S"~. r .)11 r .. f"<.1'~. 4~ of I.r'.f AWARD We, the undersigned arbitrators, having been duly appoineed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) '\ 1 . ^ . . A) p o. ",/p ...." AUI1'1-.'-; -I::;'):~.,-<,.;t. II aYL.~( Cl.,. -<-<-..... t 4. /1 t I 17 " .r j (... . ..J j ,. $/ ,,--oJ - . L Cl-(.--L':._ f./~'t.,.' ...(~, ;,~. 1 l~~_ "...u.... T .. I::>" "~~ ~ I ~' ,,(' ~;e, ,I .<1A.-<--<'/C t' Now, the ._,n(( day of l):~l award was entered upon the do~kee parties or thei= attorneys. , l..iL.., at !('Y..'l, Ii .:1., the above and notice chereof given by mail co the dissenes. \ \ ,'J I I 7. " (Insert name if . Arbitrator, applicable. ) , Date of Hearing: J )J ~ltj' fir. .2 );;71'(/ q~ Date of Award: NOTICE OF ENTRY OF . 3y: ',f': ,..;("/,,~: / 'r '/ t /t.-l,/;.-, !'rothonoeary /. '-. ,/" " i. -/ d ,/1- t" /...u>r" Depue:, c ./ Arbitrators' compensation paid upon appeal: 1 '.. $ .Jt.t (. {. co be L.- .. . -1/ .1, ..,. I.,. 'f "...... \ , .~ IJ") J .~ :;n >- .z:~ ::r:: " .~ ""'" ." ~ i...'" ...._ II'> . ~ .: ,.._-"1': = .. .~ '" J 1 . >- <-~~ ,t ... ::>:: ~ .,~J ',""'t ~ . I Ii) i " ~I i i I I i I I i I j ~ ." ...... ~~, . ,.. . ,.' ~ , .. . . ... ."'" .iiI:" ,'jff ...r.') . ,I " ':';"'-. , ..t.... ~'. '~~1f ...- ,I , )11/A ~J'- ---~~~~p--~ [a lhc ColIn of Commaa. Plas 01 Cumberlaaci CoUllcy, Pamsyh'Uia. ? ----------.--------.----. N". -"----------ifSL.--- CIvil. 19ff _______q~f.~___Li5_2____!.?J_fo~~_U~V'- ---J.~tIi-?J. ----.-.-.-..---.- ..-..-..-.--.--.-.----.------ --.-----.-- -..------....-.-----.-.---.-.--.-.-..-----------.--.---------------------.-. -~~~<-----. / - .' .~--- -i-i'~--~~. ( !ft!5t.1).) ) ~------------------------- -, ._---------~-----_._--_._.._-----------------------._----_._------------.--.-------------- " , .J --------------------------.--------------------------------------.-----..--.--.--.---------------- -~-?lF~ ~i~/ ~ C-/ tz::--- ~---- Aurm&ey for Plaintiff. To ., \ . . I . -..- ", \. o' r" .. . I .. d""" ~, ......._- ',' l:/~"'t' -... . I I I I to \ I J I I oi! " I I ..: I i - I I - "J ! I I I I I I I ..Zl I&l I I I . , I I ~ I I I I ... \ I Aut 23 \I 2S AM '95 I u I I ,. ~ I&l I I I ' . .' t., ilf FleE r \ of, \ I Of '!~, r ::;,tOH';TAr<V PI I r.IJ~,,::r.LP~O C":lHY I ~. ~ I ,'t 't!i ~I ~ .~.\" It. \ I a tLQ 1 ~ \ I , I I I ~ ! ~71 . !I ,t.. cLee, t- 6'- L~ f)- (11-.L vJ v;( 6-?' C. . .1..- U-I.u ~ .--"- . . " ~ . j , ,"-"- . . '. IN THE CXXJRT OF ~ PlEAS OF et.tmERLAND COONl'Y, FafiSYLVANIA CIVIL DIVISIOO MICRO-UNITEO, INC., Plaintiff File No. Anount Due Interest Atty's Coom Costs fr9m 5.'2/1991i Hl5J Civil lqq4 $1,654.55 v. JAMES M. DUNNE, Defendant TO THE PRCmiOtcrARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrrent sale, contract. or account based on a confession of judgrent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended 1 and for real property pursuant to Act 6 of 1974 as amended. PRAEX:IPE FOR EXEX:l1l'IOO Issue writ of execution in the above ll\3tter to the Sheriff of Cumber1 and Count.y County, for debt. interest and costs upon the following described property of the defendant(s) all personal property of Defendant at 504 Market Street, Lemovne. Pat PRAEX:IPE FOR A'l"l'J\CaoIENl' EXEX:l1l'IOO Issue writ of attachrrent to the Sheriff of County, for debt, interest and costs, as above, directing attachrrent against the abov~named garnishee(s) for the following property (if real estate, supply six copies of the descriptionl supply four copies of 1engt~y personalty list) .,' and all other property of the defendant( s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. HANDLE A WIEN R DATE: 8ill/95 Signature Address: 319 Market. st. - p O. Rn~ 1177 f.l~rri gbllrg , .Pa. 1:01S 1177 Attorney for: Telephone: Plo;lIt;rr (717) 238-2000 Suprerre Court ID fob.: 07190 , 0/. , Notes. If real property, supply six copies of description including inIlrovernents and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. c:;;;. '>-V ..,,~ co, ~ 'X :,. _.., I"CI .'': zm " ~. ~:< ~~ .,:.:~C r;c:x-; J:ooC")O_ :z:..,ZO -c"')!-~ ~.~ ....:r -C-c -:--.. l~~ r-. . ..t:'I \ "s-- .......... tv ....c--:-N f-.>.,..D ?\ ~ c, \...>, ~ ~- '~CJ\ ~ co \)'" r:! ~ <---.ET ....... "" ---. ~ C'>", c.... ~%~~ f"'mr't; . zr'1 , %~~i;~;; ~J--'.., . ,-Z-tO <O:l:~t 1_(")0::' %r:)ZO r;l':::~'91 "'~ -l" -C2' -c r--\ LV "'"' c::: '" r-,) c..u N .& 5C - ~ R. Thomas Kline, Sheriff, who being duly sworn according to law, says this writ is returned ABANDONED. .... ," Micro United Inc. vs James M. Dunne Sheriff's COStSI Docketing 18.00 Poundage 1.00 Law Library .50 County 1.00 Mileage 8.96 Levy 20.00 Surcharge 2.00 51.46 Pd. by Atty. 3-4-96 Advance Costs Sheriff Costs Refund to Atty $100.00 51.46 $ 48.54 Sworn and subscribed to before me this '}t!:- day of ~ 1996 (1. Lc.- (). fkt.PP',- tOptf. ~onotary In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 94-1853 Civil Term . .- ~' /~. ...~':.~: . ',l ~-,. So answerSI t.>' ).;.;:, . . . R. Thomas Kline, Sheriff by 0,1 "lr~ .2t. O.ia~ othonotary q.3 ,), cJV' \,.,0 WRIT OF EXECUTION and/or AnACHMENT - 94-1853 CIVIL 19 CIVIL ACTION. LAW COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. TO THE SHERIFF OF CUMBERI.AND __COUNTY: Micro-Unitad, Inc. To saUsly Ihe debt, Interesl and cosls due PLAINTIFF(S) lrom James M. Dunne, 504 Murkat St., L~moyna PA 17043. DEFENDANT(S) (1) You are directed to levy upon the property ollhe delendonl(s) and 10 sell (2) You are also directed to ollach the property ollhe defendanl(s) nollevled upon In Ihe possession of GARNISHEE(S) as follows: and 10 notHy Ihe garnlshee(s) thaI: (a) an ollachmont has been Issued; (b) the garnlshee(s) Is/are enjoined trom paying any debIto or lor Ihe account 01 the delendonl(s) and Irom delivering any property of the defendanl(s) or olherwlse disposing thereol; (3) II propertyollhe delendant(s) nollevled upon an subjeclto allachmenlls tound Inthe possession of anyone other Ihan a named garnishee, you are directed 10 noUly him/her thaI he/she has been added as agarnlshee and Is enjoined as above staled. Amounl Due $1,654.55 from 5"2"95 L.L. $.50 $1.00 Interesl Due Prolhy Othor Cosls Ally's Comm % Ally Paid $1110.96 Plalntlll Paid Date: August 23. 1995 LAWRENCE E. WELKER ry, Civil Division Deputy by: REQUESTING PARTY: Name Leslie B. Handler. Esq. Address: 319 Marktlt St., PO box 1177 Harrisburg P^ 17108-1177 plaintiff Altorney tor: Telephone: ---11J1J, Suprome Court 10 No. 238-2000 07190 f'" ,-I" OF,:,., AUG tl II Ie "1 "f ~JI :JJ I.; . . , ~~~ \ ..\~ l \':-;.J f:;;:' - .-"\ ..- . . t:\ ., , 1 , --