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HomeMy WebLinkAbout94-04177 , I :1 j., I'; ;.1 , , " " " "jl , I " 'I , " , I I' , , 'I II,!, ;',1 'I ~I , )j~ ;'1' \ '" " ., , I I ' ~ , " i,!1 " " , " iYt . IE crt 0::1 N ~ ~,"" , -":..'c") .. ,..~ ~,;tt., ""......":) U'l..~.~ ~o-.... ,....7.:0.. ~ ,) ~ ;I' .;': -';0 i~z , .l.-.J-T.. '" ....1 ~tJ ", :';J 11.-(,.) '-' t~ ~~ ~ l.!,\ ~ '~ o '0 l~", " \ \~ "" ""' '::r- 00 -.9 ("() ~ -.s ~ r<) '.::r- "- "'it -,1. .,.. -r "-.J 3- ~ " M..:NEES. WAL.L.ACE Sa -NURICK 100 P'INI[ lH''':trT "-J IIllX 11.\1\ ~L"""R"HlIJ"Q. PA 17108 v. IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. crl(" lit 7 7 GLEN-GERY CORPORATION, , Plaintiff GETTYS BUILDERS, INC., Defendant COMPLAINT 1. Plaintiff, Glen-Gery Corporation, is a Delaware corporation which maintains " place of business at 1166 Spring street, wyomissing, pennsylvania 19610-6001. 2. Defendant, Gettys Builders, Inc., is a corporation with its last known address at 1901 state street, camp Hill, Pennsylvania, 17011. 3. plaintiff, at the special instance and request of Defendant, sold to Defendant certain merchandise used at residences located in the Fishing Creek Development, located in Fishing Creek, Pennsylvania, and the pinehurst Development, located in Mechanicsburg, Pennsylvania (hereinafter the "Merchandise"), for the prices, pursuant to the terms, and on or about the times set forth in the business records of Plaintiff, true and correct copies of which are attached hereto and incorporated herein as Exhibit "A". COUNT I BREACH OF CONTRACT 4, Paragraph 1 through 3 above are incorporated herein by reference thereto. 5. The prices set forth on Exhibit "A" are just and reasonable and are the prices which Defendant agreed to pay for the Merchandise. 6. The total amount due and owing to Plaintiff by Defen- dant on account of the transactions referred to in paragraph 3 i. Ten Thousand Eight Hundred Eighty-one Dollars and six Cents ($10,881.06) which total amount is reflected in Plaintiff's business records, Exhibit "A". 7. Plaintiff's business records provide "[i]f payment in full is not received by [Plaintiff] by the end of the month following the date of the invoice, the outstanding balance due on the invoice shall be considered past due and a finance charge of 1 1/2% per month . . . will be charged to the outstanding balance." 8. plaintiff's business records set forth in the event Plaintiff employs counsel . . . relating to this contract, including but not limited to all efforts by counsel to collect any amount due . . . [Defendant] agrees to pay the reasonable attorney's fees and costs incurred by [Plaintiff]. 9. Plaintiff has demanded that Defendant pay the total amount due and owing but Defendant has failed and refused to do so. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of Ten Thousand Eight Hundred Eighty-one Dollars and - 2 - six Cents ($10,881.06), plus interest from January 1, 1994, reasonable attorney's fees and costs of suit, which Bum is within the limits requiring compulsory arbitration. COUNT II In the alternative, if this Honorable Court should find that an express contract between the parties does not exist, which i. denied, then Plaintiff pleads the following alternative cause of aotion in quantum meruit: 10. Paragraphs 1 through 3 inclusive are incorporated herein by reference thereto. 11. Having requested Plaintiff to provide said Merchandise, and plaintiff having done so to the benefit of Defendant, Defend- ant became liable to pay Plaintiff for the just and reasonable charges for said Merchandise. 12. Defendant has been unjustly enriched by accepting said Merchandise without paying reasonable compensation therefore. 13. The prices reflected on plaintiff's business records, Exhibit "A", are the just and reasonable charges for said Mer- chandise. 14. The total amount due and owing from Defendant to Plaintiff for said Merchandise is Ten Thousand Eight Hundred Eighty-one Dollars and six Cents ($10,881.06), as set forth in Exhibit "A". - 3 - pd\.1.'..rv1a..c.r c.aTlrICAT. or s.aVIC. I, David H. Stone, Esquire, of the law firm of stone LaFaver , Stone, attorneys for Defendant, Gettys Builders, Inc., do certify that on this date I served the Entry of Appearance on Plaintiff'. counsel of record by first class mail, postage prepaid, a true and correct copy addre.sed as follows: P. Nicholas Guarneschelli, Esquire McNees, Wallace , Nurick P. O. Box 1166 Harrisburg, PA 17108 DATE. ~'Z~.1~ 6!; - ~~ t- ., '~ :11% 0-_ .... ~ N ., '" 1',.:;,.... '...' I'd " j-,'-'- , j:~ ' ...-,' ...... .1' g ~'" , , " ... l!l:!i ~~ ih~ l!l~5 ~U s 8 t 0< ~ . ~ ~ I u ~ ~ ~ ~ ~ ell P ~ ~ ~n~~f!~ ~ 9 " ii1 ~ < ~l 0:: m ~ ~ ~ of o 0( :t ~ ~ ~ ~ ~ rn ., ~ 'tl <l Q) .... '2l !i H ... ... ... ., <l ... . III :0.... OPo H i g; u >- f:l 9 ~ I ~ , I> . Ul f:l S H D lJ:l Ul "i " . ' STtJ':J':, J,,\F,\VI.:n :~~ ~~TI)'''J'; ^ I TclfHlI: ',~, I "v: 11 I -'lIlI.."" , I~"- I ~.., 1-: \ \' I I 'I II , . I! I '.'~ ( . I ' . \ I; II . ' .. COUIIT I BREACH OF CONTRACT 4. Paragraph. 1 through 3 above are incorporated herein by reference thereto. 5. Denied. The defendant denies that the prices set forth on Exhibit "A" are just and reasonable and the prices which defendant agreed to pay for the merchandise. 6. Denied. By way of further answer, the defendant incorporates by reference herein its answers to paragraphs 3 and 5 above. 7. Admitted and denied. The defendant admits that the language averred in paragraph 7 is found on the business records of the plain- tiff. The defendant denies that it ever agreed to pay a finance charge on any outstanding balance due. By way of further answer, the defendant avers that none of the copies of the business records attached to the plaintiff's complaint show a signature on behalf of the defendant accepting the terms set forth in the copies of the business records attached as Exhibit "A". 8. Denied. The defendant denies that the copieo of the business records attached as Exhibit "A" provide for payment of any attorney's fees or costs by defendant which are incurred by the plaintiff. Further, the defendant denies that it ever agreed to pay attorney's fees and costs incurred by plaintiff in any action initiated by the plaintiff against the defendant. -2- 9. Admitted. The defendant admits that it has failed to pay the total amount due and claimed by the plaintiff. By way of further answer, the defendant incorporates by reference its answers to paragraphs J through 8 above. WHEREFORE, defendant respectfully requests this Honorable Court to dismiss the complaint of the plaintiff and enter such additional relief on behalf of the defendant as this Court deems just and appropriate. COUNT II 10. Paragraphs 1 through J inclusive are incorporated herein by referenoe thereto. 11. Denied. The averments of paragraph 11 are legal conclusions to which no responsive pleading is required. 12. Deniod. The averments of paragraph 12 are legal conclusions to which no responsive pleading is required. lJ. Denied. By way of further answer, the defendant incorporates by reference herein its answer to paragraph 5 above. 14. Denied. By way of further answer, the defendant incorporates by reference herein its answers to paragraphs J and 5 above. " I I 15. Admitted. The defendant admits that it has failed to pay the total amount due and claimed by the plaintiff. By way of further answer, the defendant incorporates by reference its answers to paragraphs J through 14. .J- ~ .., i' If) , ~ 8~ ~ ~ ~.~ - I ~~~ t I"'- ~ $ " .