The URL can be used to link to this page

Home My WebLink About94-02612 \ ~l lit tJ VI ." c.. Go- ... ~ ~ 5 ~ \ "', -J , \ € ... ~ c, "'j ~, ,~ 1 1 - . - J ,j ,I j i , \ ;~ - ~ L.AW OHIC16 SNELUAKER . BRENNEMAN TEEM ENTERPRISES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-2612 CIVIL TERM BRINRAC EQUIPMENT, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S PRETRIAL MEMORANDUM I. STATEMENT OF FACTS RE: LIABILI~. Plaintiff Teem Enterprises, Inc. ("Teem") a South Dakota business corporation, brings this action against Brinrac Equipment, Inc. ("Brinrac"), a Pennsylvania business corporation, to collect upon an account balance due Teem by Brinrac. Beginning in February 1983, Teem and Brinrac began a business relationship whereby Brinrac would purchase from Teem refuse containers. These refuse containers, which were manufactured by Teem, were then resold by Brinrac. Based upon business custom between the parties and as specifically agreed to by Brinrac, Brinrac was permitted to charge its various purchases from Teem and maintain an account balance bearing a finance charge on the outstanding principal balance at a rate of twelve (12%) per annum. By May, 1994 Brinrac had amassed an account balance of $60,007.76 and significantly had made no payment on account for six months. Due to this substantial balance due, this action was initiated. LAW OfflClB SNELDAKER . BRENNEMAN plaintiff contends Defendant's refusal to pay on its account balance breached the parties' agreement that payment would be made on the account. II. STATEMENT OF FACTS RE: DAMAGES. plaintiff claimed damages of the Defendant in the total amount of $60,007.76, of which amount, $54,685.18 was principal and $5,322.58 was accruAd interest. It was not until after the complaint was filed did Brinrac make payment on its account. Presently, the damages claimed by Teem total $41,294.32, of which $40,885.47 represents principal and $408.85 accrued interest. In the alternative to its claim for breach of contract, Plaintiff asserts that Defendant has been unjustly enriched. the total damages on this claim, which now represent the current principal balance due, are $40,885.47 together with statutory interest. III. STATEMENT OF ISSUES RE: LIABILITY AND DAMAGES. As framed by the pleadings in this case, the only issue appears to be Plaintiff's right to collect from Defendant the finance charge of twelve percent (12%) per annum on Defendant's account. Defendant has admitted the purchase and receipt of various goods from Teem. Brinrac denies any understanding with Teem concerning a finance charge on any outstanding account balance. Evidence will show, however, that there was a specific -2- TEEM ENTERPRISES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 94-2612 CIVIL TERM BRINRAC EQUIPMENT, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED AHSWBR 1. Admitted. 2. Mmitted. 3. Admitted. 4. Admitted. COURT I 5. Admitted. 6. Denied. It is admitted that Brinrac charged its various purchases of goods and maintained an account with Plaintiff but it is denied that Defendant agreed to pay a finance charge as stated. 7. Admitted. 8. Admitted. 9. Denied. purchases referred beginning and ending 10. Admitted. Defendant admits having made the various to on said "Exhibit B" but denies the balance because of the finance charge added. 11. Denied. The balance in question includes finance charges which Defendant has not agreed to pay. 12. Denied. It is admitted that at the time the Complaint was executed, no payments had been made since December 16, 1993. However, since that date, various credits and payments have been made on account. 13. Denied. This is a conclusion of law and, therefore, no further answer is needed. , 14. Denied. This is a conclusion of law and, therefore, no further answer is needed. WHEREFORE, Defendant requests this Honorable to refuse Plaintiff I s <lemand for Judgement in the amount of $60,007.76, together with interest and costs of this action. COUNT II 15. The answers to Paragraphs 1 through 14 above, inclusive, are incorporated by reference in this Paragraph in their entirety. 16. Admitted. 17. Admitted. 18. Denied. This is a conclusion of law and, therefore, no further answer is needed. 19. Denied. This is a conclusion of law and, therefore, no further answer is needed. WHEREFORE, Defendant requests this Honorable Court to refuse the request of Plaintiff for Judgement in the amount of $54,685.18, together with interest and costs of this action. Respe~tfully submitted, /. erald J. Br n er, Esquire Attorney for Defendant I. D. 109655 22 N. Railroad street P.O. Box 323 Palmyra, PA 17078 (717) 838-6348 LAW Ol"l"lCn 6NILeAKEn 8< BRENNEMAN various refuse containers (hereinafter "goods") at Teem's then customary charges, which charges Brinrac agreed to pay. 6. At Brinrac's request, Teem permitted and agreed to allow Brinrac to charge its various purchases of goods and maintain an account with Teem with a finance charge thereon in the amount of twelve percent (12%) per annum on the outstanding principal balance due. 7. Various goods specifically ordered and accepted by Brinrac and delivered by Teem were charged to Brinrac on Teem's record of account. 8. During the calendar year 1993, Brinrac requested, received and accepted various goods from Teem on the dates, in the amounts of and for the prices and charges as stated on the bills of lading and invoices of Teem, true and correct copies of which are attached hereto and incorporated by reference herein as "ElChibit A-I" through "Exhibit A-Ia". 9. The various charges for the goods purchased by Brinrac from Teem together with payments made and credits given beginning January 1, 1993 appear on Teem's record of account, a true and correct copy of which is attached hereto and incorporated by reference herein as "Exhibit B". 10. The prices charged by Teem to Brinrac for the goods -2- 16. The goods provided Brinrac by Teem as more fully described and identified in count I of this complaint were not provided to Brinrac as a gratuity. 17. The charges for the goods provided Brinrac as more fully described in count I of this complaint were fair, customary, reasonable and never objected to by Brinrac. 18. Brinrac wrongly secured benefits from the goods provided it by Teem that would be unconscionable for Brinrac to retain. 19. Brinrac has been unjustly enriched at the expense of Teem in the amount of $54,605.18 WHEREFORE, Plaintiff Teem Enterprises, Inc. demands judgment against Defendant Brinrac Equipment, Inc. in the amount of $54,685,18 , together with interest and costs of this action. The total claims of the plaintiff in this action, exclusive of interest and costs, exceed the jurisdictional limit for mandatory arbitration in cumberland county. By: SNELB KER & BRENNEMAN, P. c. ~~ LAwomCU SN&LOAKEA II BRENNEMAH h o.Brenneman, Esqu re Pa, I.D. No. 47077 44 West Main street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for plaintiff Teem Enterprises, Inc. Date: Hay 13 I 1994 -4- TEEM ENTERPRISES, INC. 3509 Teem Drive · Sioux Falls, SO 57107-0250 (605) 336-1333 Fax (605) 334-8704 INVOICE NO. 002627 ~. , . ' .~ . SOLO TO: Brlnrac Equipment, Inc. P.O. Box 2341 Mechanlcaburg, PA 17055 SH!PTO: Brlnrac Equipment, Inc. , 300 Mulberry Drive Mechanlcaburg, PA 17056 (717) 766-1066 SHIP VIA P.O. NUMBER TERMS INVOICE DATE , UPS 1% 10-NET 30 03/30/93 QUANTITY DESCRIPTION UNIT PRICE TOTAL 3 Pair Extensions for T-2S 7.00 .21.00 , , 1lI~ - . (, .\'j-~ SUBTOTAL tZ1 ..00 PLEASE PA Y FROM THIS INVOICE SALES TAX DELIVERY TOTAL ..00 .50.50 .71 .50 ~ '.. .... . . . " . .,J', ..r '@Ii' TEEM ENTERPRISES, INC. 3509 Teem Drive · Sioux Falls, SD 57107-0250 (605) 336-1333 Fax (605) 334-8704 SOLD TO: Drlnrac Equipment, P.O. no:.: 23-11 lIl'c:han I csburg, PFI 17055 I ne. SHIP TO: Drlnrac Equipment, 300 Mulberry Drive Mcchanlesburg, PA (717) 766-1066 SHIP VIA cru P.O. NUMBER TERMS 1/2% 10-1130 QUANTITY (i DESCRIPTION T-I Cont~ln~r, All Swlvcl Plastic Covers, Green, Winchv' UNIT PRICE 200.00 ...... ....t'.. T-I 1/2 Contaln~r, AI I Swivel Plastic Covers. Green, Winchv' 200.00 r; T.2P. C.,nlillner. FIll Swlv~1 Plil~tlc Cuvers, Green, WInch v' 230.00 10 T-23 Conlalner. PI'Ultlcfovers Gref:'n, 110 Striker Boxes 268.00 20 T-3 Container, Plastic CQvers Groen, 110 Slrl~er Ooxes~ 330.00 10 T..oj Container, Plastic Covp.r~ Green, Tow Hooks. 07" T-Dars 380.00 '3 T. ,1 Con ta 1 ner \~ I th Casters Plastic Covers. Green, n7" T-Oar!3./ -145.00 ... ,. T..f) Container, Plastic Covers, Green, Tow Hooks, 07" T-Dars~ Plasllc Cover BI'steln for T-(] J Groen 145.00 505.00 ~_ 5'l.3.'!J~ llbII- ~,''l1l.4<\ "'" - 1O,ll/l() ,00 ~~. Ill,llODOIl '/-'lC\.q3 IO-'l!\Jt~ I'l.+"~ ".10.'13 SUBTOTAL SALES TAX DELIVERY TOTAL PLEASE PAY FROM THIS INVOICE EXHIBIT A-9 INKBk~~O. . . Inc. 17055 INVOICE DATE OS/26/93 TOTAL '1,200.00 '4,-100.00 $1,380.00 $4,824.00 $6,600.00 $3,000.00 . I , 335.00 $3,535.00 $290.00 I '27,364.00 $,00 $.00 $27,36.1. 00 ..- -, "," j;. "J ,-." .c." . t , " IN~~!fA~(J:. " ,"~ ~: : I', . . I I, ," ,,:.. ' , I 'llfii' TEEM ENTERPRISES, INC. 3509 Teem Drive · Sioux Falls, SO 57107-0250 . (605) 336-1333 Fax (605) 334.8704 SOLD TO: Drlnrac Equipment, Inc. P.O. Box 2341 Mechanlcsburg, PA 17055 SHIP TO: Brlnrac Equipment, ,Inc. 300 Mulberry Drive Mechanlceburg, PA 17056 (717) 766-1066 . /'" " SHIP VIA Teem Truck 111 P.O. NUMBER TERMS INVOICE DATE 1/2% 10-N30 06121/93 QUANTITY DESCRIPTION 1lIlIlIlIlCREDIT* 111111, UNIT PRICE TOTAL Credit for Steel Pick Up - $750.00 Less $300.00 Cash Given to Driver 450.00 $450.00- , " . I . I I .\ I I' ., SUBTOTAL SALES TAX DELIVERY TOTAL $450.00- $.00 $.00 $450.00- PLEASE PAY FROM THIS INVOICE . "j ". ~ ..It.". ~l . . . . , " ,\ ".', ' INVOICE N~.:' ~ ..t:, 002993,' ", TEEM ENTERPRISES, INC. 3509 Teem Drive · Sioux Falls, SD 57107-0250 , (605) 336-1333 Fax (605) 334-8704 , '. SOLD TO: Brlnrac Equipment, P.O. Box 2341 Mechanlcsburg, PA Inc. SHIP TO: Brlnrac Equipment, 300 Mulberry Drive Mechanlcsburg, PA (717) 766-1066 Inc. 17055 17066 SHIP VIA P.O. NUMBER TERMS INVOICE DATE Teem Truck 113 1/2% 10-N30 08/02/93 QUANTITY DESCRIPTION UNIT PRICE TOTAL 9 T-2S Container, Plastic ~vers 268.00 $2,412.00 ' Green, No Striker Boxes 87" T-Bara'" 6 T-3 Container, Plastic cJvers 330.00 $1,650.00 Green, No Striker Boxes, 87" T-Bars"; 2 T-6 Container, Plastic Covers 505.00 $1,010.00 Green, Tow Hooks, 87" T-BarsJ 5 T-6 Con ta I ner, No Covers j 396.00 $1,976.00 Green, Tow Hooks, 87" T-Bars J 7 Plastic Cover System for T-3J 76.00 $525.00 Green 50 Swivel Casters 10.00 $500.00 50 Pal Nuts 0.10 $6.00 4 T-3 Container, Steel covjrsl 330.00 $1 ,320~00 Green, No Striker Boxes, 07" T-BarsJ , . SUBTOTAL $9,397.00 PLEASE PA Y FROM THIS INVOICE SALES TAX DELIVERY TOTAL $.00 $275.00 $9,672.00 1/1/93 BALANCE 65.176.93 1/31193 Ft nence Charoe 623,55 2/17/93 Received on Account 10,000.00 2/26/93 Received on Account 10,000.00 2/28/93 FI nance Charoe 527.09 3/8/93 Invoice "'2454 27,630,00 3/10/93 Received on Account 10,000,00 3/17/93 Invoice '2475 69.75 3/30/93 Invotce "'2527 71.50 3/31/93 FI nance Charoe 327.09 4/9/93 Received on Account 10,006,00 4/26/93 Recetved on Account 10.000.00 4/30/93 Ft nence Cheroe 416.71 5/12/93 Received on Account 13,000,00 5/17/93 Invoice "'2725 17,620.00 5/21/93 Received on Account 20,000.00 5/26/93 Invoice "'2753 27,364.00 5/26/93 Credit "'2757 750.00 6/1/93 Received on Account 10,000.00 6/16/93 ReceIved on Account 10,000.00 6/21/93 Invoice "'2647 26,229,00 6/21/93 Credit "'2650 450.00 7/29/93 ReceIved on Account 10,000.00 7/30/93 FI nence Chan~e 516.70 8/2/93 Invotce "'2993 9.672.00 6/31/93 Ft nence Charoe 516.70 9/30/93 Finance Charoe 615.42 10/29/93 Received on Account 3,194.44 10/29/93 Finance Charoe 615.42 11/30/93 Ft nence Charoe 563.47 12/1/93 Received on Account 10,000,00 12/10/93 ReceIved on Account 10.000.00 12/16/93 Received on Account 10.000.00 1 2/17/93 Invoice "'3452 27.066,00 12/17/93 Credit "'3455 750.00 12/31/93 FInance Charoe 263.47 1/31/94 FI nence Charoe 546.85 2/28/94 Fi nence Cheroe 546,65 3/31/94 Fi nence Charoe 546.85 4/31/94 FI nance Charoe 546.85 TOTAL DUE 60,007.76 PRINCIPLE BALANCE 54,685.18 EXHIBIT B PRAECIPE FOR ENTRY OF APPEARANCE TEEM ENTERPRISES, INC., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 94-2612 CIVIL TERM BRINRAC EQUIPMENT, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED TO PROTHONOTARY OF CUMBERLAND COUNTY; SIR, Please enter the appearance of Gerald J. Brinser, Esquire, whose address is Brinser & Wagner, 22 North Railroad street, Palmyra, Pennsylvania, 17078, as Attorney for Brinrac Equipment, Inc., the Defendant in the above-captioned case. Dated (2..- ~ ....Y , 1994 ~~ '.( ~ Gerald J. Br ser, Esquire Attorney for Defendant --- -tFO'1r..S! PRAECIPE FOR LISTING CASE FOR TRIAL (Mus I be typewritten and submllted In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Pleese list the fOllowing case: ( X ) for JURY trial at the nexlterm 01 civil courl. ( ) for trial wlthoul a jury, .' L- ,~ " 0::; ........................................................,..............................u.,.......,.............,............,.,.............',..........~............... 'lID! ENffiRPRISES, INC., Plaintiff .,1 ~ II"'.., J"t '.1', . (check one) '0.;1. ,t;. ", . ,~; :L' ~1" N (XI Assumpsit IOlJ'.t:!' (8: J .1.('">> "',OJ I_ r '".':", ::&: ",. Trespass ..... . ~... ~ CAPTION OF CASE (entire caption must be stated In fUll) Trespass (Molor Vehicle) (Plalntllfl (other) vs. BRINRAC EQUIPMEm', INC.. Defendant The tnalllst will be called on October 18, 1994 and Trials commence on _~:>:'~er_1~.]2?~_.., (Defendant) Pretrials will be held on _.O<,t'Oh~r?1i 1994..., . (Briers are due 5 days before pretrials,) (The party listing this case for trial shall prOVide forthwllh a copy of the praecipe 10 all counsel. pursuant to local Rule 214.1.) vs. No,}4-1~12 Civil .Tept1. ... .. 19 Indicate the attorney who wllllry case lor the party who files this praeCipe: Keith O. Br~~~, ti4.ji..M!J!n. S.tr~~tLtl(!~!1anicsburg PA 17055 for PJ!lintiff Indicate trial counsel for other parllesll known: .... _G(!rald J. Brinser -~--_._'__ _._u_ _ 22 N. Railroad .St_r~e~ L!JaJ~1Y1:I!Jl'~ P07!U.orDefendant ""od J(~Vx~ This case Is ready for trial. Dale: July 22, 1991, Print Name: Keith O. Brennel1lan Altorney lor: Plaintiff Teem Enterprises, Iife. ENTERPRISES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-2612 CIVIL TERM BRINRAC EQUIPMENT, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE ACTION TO THE PROTHONOTARY: Please mark the above-captioned action settled and discontinued on your docket and indices. By: ~' BRENNEMAN, P. c. ~'th O.Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Teem Enterprises, Inc. Date: November 15, 1994