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Home My WebLink About95-03884 \ . -;J vj 0.: . <..!J e: ~ J :r-l ~I (Y) ';~ " ~l . 'k SHERIFF'S RETURN - REGULAR CASE NO: 1995-03884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND G P S ASSOCIATES INC VS. MILES PHILLIP STEVEN WHISTLER . Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being dUly sworn according to law, says, that he served the within COMPLAINT upon MILES PHILLIP the defendant, at 2017:00 HOURS, on the 17th day of Auoust 1995 at 48 DEVONSHIRE SQUARE MECHANICSBURG. PA 17055 . CUMBERLAND County, Pennsylvania. by handing to PHILLIP MILES a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing ~ attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.16 .00 2.00 5<!6.1b So answ7? ~::" fi ~9~......<:, .r;g..-~ . homas K11ne, Sher1tt KEITH KENDALL 08/18/1995 by ,'~\''''''''n... L0~ Deputy er1 t Sworn and subscribed to before me this ). 'i ~ day of ~I' ..~ 19 'h' A. D. , L,L.,-,_ {/ /] u-ils.:,. I c"t;;, . .-r t'rothon01!ary ~ . "" ~lr t-." .t 111(. ~~,(~~~~ ~~ '( c. .:, "~I .r, -"fJ '.f' '.- ~ .. ,., '::I cO - " ., ... ... c.n ::.~ \v- ~ ~ ~ . Z .~ tJ.... l-I O' Z.... g III ~Olll H'M tJ tJE-< l-I 't:l ~ 0 "!:l !:l e o!~ on tJ~....l lJ)'rl Ql - ~~~ Ill." .... III ~>-~ on IE - H.-l Ql "" , - o H ;:S"" .~ "" 00 tJ lJ) ..: 0 ell ffi~ on E-<1Il tJ III ~ ~ P:~-:r 0 . ....l ~ f - l:) CIO lJ) > H 0 r- 0", - o CIO lJ) ~ :!Iii! tJtJ.... ..: ~ I "" QO~ ~ .~ H lJ)0\ lJ) :j ;:1. . III "" H Z....lO . =: H""Z t!l "" .... .. LAW OFFICES !\IIRIN & .JACOBSON "130 D1!RRY STRmrr "^RRISIIURG, P^ 17111,'260 C-7171\f.I'I~\-1I'Ij ." . '0' . G,P.S. ASSOCIATES, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95.3884 CIVIL TERM v. PHILLIP MILES, Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant In the above captioned matter. RespectfUlly submitted, MIRIN & JACOBSON DATED: September II, 1995 L~ 8150 Derry Street Harrisburg, PA 17111.5260 (717) 561-1515 pmil98.gps CERTIFICATE OF SERVIC~ AND NOW, this 11th day of September , 1995, the undersigned does hereby certify that she did serve a copy of the foregoing Entry of Appearance upon the person Indicated by causing same to be deposited In the United States mall, first class postage prepaid, addressed as follows: Keith E. Kendall, Esquire 3207 North Front Street Harrisburg, PA 17110 MIRIN & JACOBSON ByLd~':"'~ Karen A. Zlmm an 'f ~ ~ 2 ~ ~ ~ !il ill 'r> ~ ~= .....- ,.., '" ~ ~ ~~ ~ ~ " t, '" ~-' :vi -'; . . . . Ke!1da1@w . . KEITH E. KENDAll. I 1101 North rronf SfIt'rf Homsbu". ~nnl)'MJtWo 1"'0 . . . t IN TIlE COURT OF CotIION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA G.P.S. ASSOCIATES, INC., Plaintiff vs. . . !J6 . 3~1iij ~~/VO PHILLIP MILES, Defendant No. of 1995 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you lUst 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 ~y proceed without you, and a judgement ~y 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 LAlIYER AT ONCE. IF YOU 00 NOT HAVE A LAlIYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717)240-6200 G.P.S. ASSOCIATES, INC., Plaintiff I N THE COURT OF COII4llH PLEAS OF CUMIIERLAND COUNTY, PENNSVL VANIA vs. PHILLIP MILES, Defendant CIVIL ACTION No. 1995 COMPLAINT 1. The Plaintiff, G.P.S. ASSOCIATES, INC., ("Plaintiff"), is a corporat ion organized and ex ist ing under the Laws of the COl1lllonwea lth of Pennsylvania, with a place of business located at 2336 North 2nd Street, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. The Defendant, Phi 11 ip Miles ("Defendant") is an adult individual, residing at 48 Devonshire Square, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. On or about October I, 1993, Plaintiff and Defendant entered into a verbal agreement pursuant to which Plaintiff agreed to provide investigative services to Defendant from time to time, in consideration for Defendant's agreement to pay Plaintiff $400.00 per day for such services, with expenses, and interest on any unpaid balance in the amount of 1.5% per month. 5. P1a int iff provided the agreed invest igat ive services to Defendant for the period from October I, 1993, until approximately January 26, 1995, all as set forth on the demJnd letter from Plaintiff to Defendant attached hereto as Exhibit A, and incorporated herein. 3. Plaintiff is in the business of providing private detective and group protection services for which Plaintiff receives compensation on either an hourly or per diem basis, upon verbal agreement of the Plaintiff and the contracting party. . -'- _......~- ,~-~- 6. The services rendered by Plaintiff to Defendant were at all times proper, satisfactory and consistent with, and in performance of the agreement between Plaintiff and Defendant, 7. Despite repeated demands by Pla intlff for payment for services rendered, including the final demand set forth at Exhibit A, Defendant has failed or refused to pay for such services, per the agreement between the parties. 8. Defendant's failure to pay the amount due, with accrued interest, is a material breach of the agreement between Plaintiff and Defendant. 9. Defendant's breach of the foregoing contract for services has caused monetary damage to Plaintiff in the amount of $6,183.78, with interest accrued to June 21, 1995, in the amount of $1,947,89, for a tota 1 amount due of $8,131. 67 . 10. Defendant's unwillingness to pay the sa id amount due has forced Plaintiff to retain legal counsel to pursue the foregoing claim, to Plaintiff's further financial damage. WHEREFORE, Plaintiff demands judgement against Defendant in the amount of $8,131.67, together with costs, legal fees, and such additional interest as may accrue on the aforesaid debt from June 21, 1995 to the date of judgement. July 20, 1995 *~~ / J(/ ~ith E. Kendall, Esq. Attorney for Plaintiff 3207 North 2nd Street Harrisburg, PA 17110 (717)236-9539 (717)236-6602 FAX 2 G.P.S. ASSOCIATES, INC. GROUP PROTECTION SERVICES P.O. BOX61131 HARRISBURG, PA 17106.1131 OFFICE (717)232-9781 FAX (717)232.9782 June 21, 1995 Mr. Phillip Miles 2854 North Second street Harrisburg, PA 17110 Dear Mr. Miles: = $ 400.00 = 400.00 = 400.00 = 400.00 = 400.00 = 400.00 = 400.00 = 400.00 = 400.00 = 400.00 = 400.00 = 600.00 $5000.00 = $1183.78 = $6183.78 = 1947.89 The following details the services provided to you by G.P.S. Associates, Inc. and the amount owed by you: Invoice Basile Investi9ation October 1, 1993, Surveillance Cheryl Miles October 6 ,1993, Surveillance Cheryl Miles October 7, 1993, Surveillance Cheryl Miles October 8, 1993, Surveillance Cheryl Miles November 27, 1993, Surveillance Cheryl Miles January 6, 1994, Surveillance Moore January 7, 1994, Surveillance Moore January 8, 1994, Surveillance Moore January 9, 1994, Surveillance Moore January 20, 1994, Background Hayden Miles January 26, 1994, Background Kimberly stefanic PA Registered Tags (Via Penn DOT) TOTAL Mileage (4082 miles @ .29/mile) BALANCE INTERESTED ACCRUED TOTAL BALANCE DUE: $8,131.67 Note - Interest is accrued at a rate of 1.5% monthly. So as not to force either me or G.P.S. Associates, Inc.'s Board of Directors to take further action, I expect payment within ten (10) days. Thank you. ~enn Marcha d President G.P.S. Associates, Inc. rtp cc: Attorney Kendal VERIFICATION I, Glenn T. Marchand, state that I am the President of G.P.S. Associates, Inc., a Pennsylvania Corporation, the Plaintiff in the foregoing action. I am authorized to verify this complaint on behalf of the corporation, and verify that the facts set forth in the foregoing complaint are true and correct, upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. C. S. ~4904, providing for criminal penalties for unsworn falsification to authorities. Date: 7/do/es I I .HI' (. G nn T. Marchand, President G.P.S. ASSOCIATES, INC. \;f; - = -~ =' Q cO ;rr.. ., . ..-'''1 t.f,', ~: () ;~ ,. .1"., '. .... ... Vl . ~! \. ,. ..: p. . " . Z ~ z .~ U.... '-' 00 Z.... .,: I>:: ~r ~U~ H..... '" ~~ '-' '0 j::l:l :: o " ..,: .,: f-<H B o r: ... UQt-l Ul'.... CIl ~:S - ~~~ ~'" .... ;a < ... !E - f-<..... CIl U , o H ;Sp. "Q ffiC>: >>0. - 0 "'ffici '" U Ul ... H~ U ~ z"~ ~ r:: C>:~"" 0 . t-l i~~ ;:: :::> ex) Ul > H ~ o ex) Ul ~ 1>::0 ...!!l UUM ..: ~U -..: I p. OO~ Ell "LI"l H ~~ !I) '" en ~ H;:j . . P. Zt-lO III HP.Z t!l P. .. . . LAW OFFICES MIRIN & .JACOBSON HI~lIIlEIlRY STREET IIARRIS!}lJItO, I'/, 17111 ,~2"" (717) ~tII.I!'iI~ - .' G,P.S, ASSOCIATES, INC" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95.3884 CIVIL TERM v. PHILLIP MILES, Defendant fIlOJIQE YOU HAVE BEEN SUED IN COURT. If you w1ah to defend aga1nat the c1aIma set forth In the foUowlng pages, you must take action within twenty (20) days after this Answer, New Matter and Counterclaim are served, by entering a written appearance personally or by attorney and fiUng In writing with the Court your defenaes or objectlona to the claims set forth aga1nat you. You are warned that lfyou faU to do 80 the case may proceed without you and judgment may be entered aga1nat you by the Court without further notice for any money clalmed In the Complaint or for any other claim or reUef requested by the plalntUT. 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. Court AdmInIstrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240.6200 Le ban demandado a usted en Ia corte. SI usted qulere defenderse de estas demandas expueslas en !as paglnas slqulentes, usted tlene vlenta (20) dIas de plazo al partir de Ia fecha de Ia demanda y Ia notlflcaclon. Usted debe presentar WlB aparlencla escrlta 0 en persona 0 por abogado y archivar en Ia corte en forma escrlta sua defellllllS 0 sua objeelones a !as demandas en contra de su persona. Sea avlsado que sl uated no se dlfienda, Ia corte tomara medldas y puede entrar WlB orden contra usted sin prevlo avlso o notlficaclon y por cualquler queja 0 allvlo que es pedldo en Ia petlcion de demanda. Usted puede perder d1nero 0 sus propledades 0 astras derechos Importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO o SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARAAVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse CarUsle,PA 17013 (717) 240.6200 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-3884 CIVil TERM G.P.S. ASSOCIATES, INC" Plaintiff PHilLIP MilES, Defendant ANSWER. NEW MATTER AND COUNTERCLAIM 1. Admllled. 2. Admllled. 3, Admitted. 4. Admllled that Plaintiff and Defendant entered Into a verbal agreement. However, It Is denied that the averment In paragraph 4 contains the sole content of that verbal agreement. It Is denied that Defendant agreed to pay Plaintiff $400.00 a day for services or 1/2% Interest on any unpaid balance. 5. It Is denied that Plaintiff provided the agreed Investigative services to Defendant and proof thereof is demanded. It Is further denied that exhibit "A" Is an accurate statement of services provided by Plaintiff to Defendant. 6. It Is denied that the services rendered by Plaintiff to Defendant were at all times proper, satisfactory and consistent with, and In performance of the agreement between Plaintiff and Defendant. 7. It Is denied that the Plaintiff made repeated demands for payment for services and It Is denied that Defendant owes Plaintiff any monies as Is more fully set 1 forth in the New Matter and Counterclaim, It Is admitted that Defendant has refused to pay for any services, 8. It Is denied that Defendant's failure to pay the amount due Is a material breach of the agreement. 9. It Is denied that Defendant breached the agreement and It Is further denied that Plaintiff was damaged In the amounts alleged In paragraph 9. 10. Plaintiff's choice to retain legal counsel was his own and Is pursued for an Improper purpose as more fully set forth In the New Matter and Counterclaim. WHEREFORE, Defendant demands Judgment against the Plaintiff together with costs and attorney's fees and any other relief as this Court may deem appropriate and just. NEW MATTER 11. The Plaintiff, acting by and through Its agent Glen Marshand, requested office space and business management and consulting services from the Defendant Phillip Miles. 12. Plaintiff, by and through Its agent Glen Marshand, verbally agreed to pay rental of $500.00 per month for office space, and to reimburse Miles for telephone costs, secretarial services and office expenses. 13, The Plaintiff, through Its agent Glen Marshand, verbally agreed to reimburse Defendant $63.00 per month for advertising placed In the Harrisburg Yellow Pages. 2 COUNTERCLAIM 14. The Plalnllff (Defendant In Counterclaim) G,P.S, Associates, Inc., acting by and through Its agent, Glen Marsh and, breached Its verbal agreement with Defendant (Plaintiff In Counterclaim) Miles by failing to pay for the aforemenlloned services to wit: Telephone Bills .-......................._.........._........... Yellow Pages Advertising ........._.._........._........... Secretarial Services, Office Expenses .-._....._....... (For Eight (8) Months) Rent for August 94 ...-........_._..._......_......__ Rent for September/October 94 -._.___.....__._.._ Consulllng Fees for Colonial Park ..-......_....___ (5 Hours @ $135.00) Monthly Managem ent Consulllng Fees ....__........._ ($125.00 a Month for 12 Months) All to the detriment of Defendant Miles In the amount of $5,927.25. $ 22,25 $ 630.00 $1,600.00 $ 500.00 $1,000.00 $ 675.00 $1,500.00 15. At all times relevant, the services rendered to, and accepted by G.P.S. Associates, Inc, were at all limes proper, sallsfactory and reasonable. 16. G.P.S. Associates. Inc. has refused to pay the aforemenlloned obllgallons. 3 WHEREFORE, Defendant, Plaintiff In Counterclaim, Miles demands Judgment against G,P.S, Associates, Inu.ln the amount of $5,927.25 plus costs, fees and any other relief that this Court deems just and proper. Respectfully submitted, MIR & JACOBSON DATED: SePtember 11. 1995 8150 Derry Street Harrisburg, PA 17111-5260 (717) 561-1515 pmil98.gps eslle David Jacob n Attomey 10# 52673 Attomey for Phillip I {~1#1 4 VERIFICATION I, Phillip Miles, verify that the statements in the foregoing Answer are true and correct. I understand that false statements herein made are subject to 18 Pa. C.S., S 4904, relating to unsworn falsification to authorities. Dated: September 8, 1995 CEflTIFICATE OF SERVICE AND NOW, this 11th day of September , 1995, the undersigned does hereby certify that she did serve a copy of the foregoing Answer, New Matter and Counterclaim upon the person Indicated by causing same to be deposited In the United States mall, first class postage prepaid, addressed as follows: Keith E. Kendall, Esquire 3207 North Front Street Harrisburg, PA 17110 MIRIN & JACOBSON By: Karen A. Zlm 5 ....... ~ ~' ~~ :; ~ hI C) ~. ,-'~I'''' "-J <'-.J .... <0, = ~ ca "'0 S! s::: ~ ~ !II ~If t2 ~. l<f?ndal@w KEITH Eo KENDAll., J101 Nonh Fr.'" S.... HGnisbu". Prms"""nid , " , 0 G.P.S. ASSOCIATES, INC., Pla int iff IN THE COURT OF COMMON PLEAS OF CUMIlERLANO COUNTY, PENNSYlVANIA I, i' Ys. 1 I PHILLIP MILES, Defendant CIVIL ACTION No. 95-3884 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM NEW MATTER NOW COMES the Plaintiff above,named, GPS Associates, Inc., by and through its attorney, Keith E. Kendall, Esq., to file a Reply to Defendant's New Matter and Counterclaim, by evenly,numbered paragraphs, as follows: 11. Admitted that Plaintiff requested and paid for office space, Denied that Plaintiff requested or received business management and consulting services from Defendant, and strict proof thereof is demanded. 12. Admitted that Plaintiff verbally agreed to pay, and in fact did pay, office rental in the amount of $500.00 per month, and to reimburse Defendant for telephone costs. Denied that Pla int iff agreed to reimburse Defendant for secretarial services. Plaintiff is without sufficient knowledge as to the meaning of the term "office expenses", but denies agreement with Defendant to pay for any expense other than rent and telephone costs. Strict proof of these allegations is demanded. 13. Denied. On the contrary, Plaintiff paid for its own yellow pages advertisement. Defendant had no involvement in placing Plaintiff's advertisement, nor did Defendant ever pay for such advertisement, nor are Plaintiff's services in any way associated with any advertisement apparently connected with Plaintiff, and strict proof thereof is demanded. COUNTERCLAIM 14, Denied that Plaintiff had a verbal agreement for any of the Items claimed by Defendant, other than rent. Denied that Plaintiff breached any verbal agreement for rent, or any of the Items listed at Paragraph 14 of Defendant's "Counterclaim", or that Defendant was Injured In the amount of $5,927.25, and strict proof thereof Is demanded. IS. Denied that Defendant rendered any "services", other than providing office space. If Defendant did provide the "services" claimed, they were not requested by Plaintiff, nor was Plaintiff aware they were provided. Therefore, such services, even if provided, could not have been "proper, satisfactory and reasonable", as alleged by Defendant, and strict proof thereof is demanded. 16. Affirmed that GPS Associates has refused to pay Defendant's claims, because they have no basis in law or fact, and are not therefore "obligations" for which Plaintiff is responsible. Strict proof of such "obligations" Is demanded. October 2, 1995 J&/ /. all ~~ Ken~q. Attorney for Plaintiff 3207 North 2nd Street Harrisburg, PA 17110 (717)236-9539 (717)236'6602 FAX .~ --I VERIFICATlllti To the extent any of the foregoIng averments Is construed to be a denIal of fact, I, KeIth E. Kendall, Esq" attorney for the PlaIntIff, GPS AssocIates, Inc., hereby verIfy that such averment(s) Is/are true, to the best of my knowledge, InformatIon and belIef, based upon dIscussIons regardIng the allegatIons wIth Glenn T. Marchand, ChIef ExecutIve OffIcer for PlaIntIff. ThIs Reply Is verIfIed by counsel because Glenn T. Marchand was unavallable to personally verIfy the foregoIng Reply prIor to the fIlIng deadlIne. I understand that my statements are made subject to 18 Pa.C.S. ~4904, provIdIng for crImInal penaltIes for unsworn falsIfIcatIon to authorItIes. Date: October 2, 1995 ~ ~/ /- ~t:7 KeIth E. Kent.i~Sq. Attorney for PlaIntIff 3