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HomeMy WebLinkAbout02-5506CHRIS G. JOHNSON Pl~nt/ff VS. STEVE FAILOR and CYNTHIA FAILOR Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.~_ 5'5D0 CIVIL TEPGi CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM RIGHT,,, You have been sued in court. If you wish to defend aga/nst the cl,~ns set forth in the following pages, you must take action witl~in 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 f,'fil to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice, for any money claimed in the Compl,-fint or for any other cl,-fim for relief requested by the Plaintiff.. You may lose money or property or other fights important to you. YOU SHOULD TAIGE 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 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 CHRIS G. JOHNSON Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA STEVE FAILOR and CYNTHIA FAILOR Defendants CIVIL DOCKET NO.: t5)o2 JURY TRIAL DEMANDED COMPLAINT AND NOW, this } ¥ day of November 2002, comes the Plaimiff, Chris G. Johnson, by and through John A. Abom, Esquire, of ABOM & KUTULAKIS, L.L.P., who files this Complaint against the Defendants, Steve Failor and Cymhia Fallor, as follows: 1. Plaintiff, Chris Johnson, is an adult individual currently residing at 2071 Old Philadelphia Pike, Apartment 6, Lancaster, Pennsylvania 17602. 2. Defendant, Steve Fallor is an adult individual currently residing at 452 Crossroad School Road, Carlisle, Pennsylvania 17013. 3. Defendant, Cymhia Failor is an adult individual currently residing at 452 Crossroad School Road, Carlisle, Pennsylvania 17013. 4. Defendants are husband and wife. 5. On November 28, 2000, the Plaintiff entered into a written contract with Defendant Steve Failor for the purchase of a used 1976 Ford F-250 Truck, V1N# F26YEC51267 (hereinafter referred to as "truck") and the repair and restoration of the truck. A true and correct copy is attached hereto as Exhibit A. 6. On November 28, 2000, Plaintiffpresented a check dated November 28, 2000 in the amount of Two Thousand Five Hundred Dollars ($2,500.00) to Defendant Steve Failor for the purchase of the truck. The check was made payable to Defendant Cynthia Failor. A true and correct copy is attached hereto as Exhibit B. 7. On November 29, 2000, Defendant Cynthia Failor endorsed and cashed the check dated November 28, 2000. See Exhibit B. 8. The Plaintiff has not received the truck and has not been refunded the amount of the check dated November 28, 2000 in the amount of Two Thousand Five Hundred Dollars ($2,500.00). 9. On November 29, 2000, the Plaintiff presented a check dated November 29, 2000, to Defendant Steve Failor in the amount of Three Thousand Five Hundred Dollars ($3,500.00) for payment towards the cost of repair and restoration of the truck. A true and correct copy of said check is attached hereto as Exhibit C. 10. not limited to: a. b. C. d. e. f. The repair and restoration of the track that was to be done includes, but is painting the truck; installing a bed liner; installing all new bushings on cab; installing 2 RS 5000 rear shocks; installing a 2 ½ inch dual exhaust, Flow Master mufflers; installing tires and rims; installing a fuel tank installing vinyl floor mats; and spray in bed liner to seal it. 11. On December 5, 2000, Defendant Steve Failor endorsed and cashed the check dated November 29, 2000 in the amount of Three Thousand Five Hundred Dollars ($3,500.00). See Exhibit C. 12. The Defendants failed to perform any repairs or restoration on the truck and failed to return any of the proceeds from the check dated November 29, 2000 that they received from Plaintiff. 13. On February 19, 2001, the Plaintiff presented a check dated February 19, 2001 to Defendant Steve Failor in the amount of Four Thousand Dollars ($4,000.00) as additional payment towards the cost of repair and restoration of the truck. A true and correct copy is attached hereto as Exhibit D. 14. On February 22, 2001, Defendant Cynthia Failor endorsed and cashed the check dated February 19, 2001 in the amount of Four Thousand Dollars ($4,000.00). 15. Defendant failed to perform any repairs 'or restoration on the truck and failed to return any of the proceeds from the check dated February 19, 2001 that he received from the Plaintiff. 16. On February 24, 2002, the Plaintiffpumhased brakes and an exhaust system for the truck for which he paid by check dated February 24, 2002 in the amount of One Thousand Three Hundred Fifty-Six Dollars and 87 Cents ($1,356.87) made payable to Hostetter's. A true and correct copy is attached hereto as Exhibit E. 17. Defendants have not completed the work they agreed to perform and have refused to deliver the restored truck to the Plaintiff. 18. Defendant Steve Failor misrepresented to the Plaintiff that he would sell the track to Plaintiff for the purchase price of Two Thousand Five Hundred Dollars ($2,500.00) and failed to deliver the truck to Plaintiff after he received payment for the truck. 19. Defendant Steve Failor misrepresented to the Plaintiffthat he would repair and restore the truck for Plaintiff and the Defendants failed to perform the restoration. 20. The Plaintiff would not have purchased the truck from the Defendants had he known that the Defendants would fail to comply with the terms of the written contract dated November 28, 2000. 21. The Plaintiff would not have purchased repair and restoration services from the Defendants in conjunction with purchasing the truck had he known that the Defendants would fail to perform these services on the track. 22. The Plaintiff would not have purchased the brakes and exhaust system for the truck had the Defendants not misrepresented that they would be performing other repairs and other restoration work on the truck. 4 23. The Defendants misled the Plaintiff into purchasing the track, repair and restoration services and parts for the truck. 5 24. fully set forth. 25. COUNT I Breach of Contract Paragraphs one (1) through twenty-three (23) are incorporated herein as if Defendants' failure to supply the track and the restoration and repair services, constitutes a breach of the contract between the parties. 26. The Defendants have been unjustly enriched as a result of accepting the Plaintiff's money without supplying to the Plaintiff the track and other services the defendants agreed to under the terms of the contract between the parties. WHEREFORE, the Plaintiff respectfully requests this Court to rescind the contract between the Plaintiff and the Defendant(s) and direct the Defendants to pay to the Plaintiff the sum of Eleven Thousand Three Hundred Fifty-Six Dollars and Eighty- Seven Cents ($11,356.87), plus cost of this suit, attorney's fees and interest from November 28, 2000. 6 COUNT II Fraudulent Misrepresentation 27. Paragraphs one (1) through twemy-six (26) are incorporated herein as if fully set forth. 28. Defendants' intentional misrepresentation regarding their ability, willingness, and intent to supply the Plaintiff with the track and restoration and repair services induced the Plaintiff to enter into the contract between he and the Defendants. WHEREFORE, the Plaintiff respectfully requests this Court to rescind the contract between the Plaintiff and the Defendant(s) and direct the Defendants to pay the Plaintiff all damages suffered by the Plaintiff as a result of the Defendants' fraudulent misrepresentation, punitive damages, attorney's fees, costs and interest from November 28, 2000. 7 COUNT III Violation Of The Unfair Trade Practices And Consumer Protection Law, Title 73 P.S..§§ 201-1,201-2(4)(iv), 201-2(4)(ix), 201-2(4)(xiv), 201-2(4)(xvi), 201-2(4)(xxi) 29. Paragraphs one (1) through twenty-eight (28) are incorporated herein as if fully set forth. 30. Under the Unfair Trade Practices and Consumer Protection Law (hereinafter referred to as "UTPCPL'). it is a violation for a person to use deceptive representations in connection with goods or services, 73 P.S. §201-2(4)(iv). 31. Under the UTPCPL, it is a violation for a person to fail to comply with the terms of any written guarantee or warranty given to the buyer at, prior to or after a contract for the purchase of goods or services is made, 73 P.S.§201-2(4)(xiv). 32. Under the UTPCPL, it is a violation for a person to make improvements, repairs, or replacements of real or personal property of a nature or quality inferior to or below the standard of that agreed to in writing, 73 P.S. §201-2(4)(xvi). 33. Under the UTPCPL, it is a violation for a person to engage in fraudulent and/or deceptive conduct which creates a likelihood of confusion or of misunderstanding, 73 P.S. §201-2(4)(xxi). WHEREFORE, on account of the Defendants' violation(s) of the UTPCPL, the Plaintiff respectfully requests this Court to rescind the contract between the parties and to award to the Plaintiff three times the actual amount of the damages he has suffered, as well as costs and reasonable attorney fees. 8 Respectfully submitted, ABOM & UTULAKIS, LLP By: John A. Abom CHRIS G. JOHNSON Plaintiff STEVE FAILOR and CYNTHIA FAILOR Defendants : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY; : PENNSYLVANIA : CIVIL DOCKET NO.: : JURY TRIAL DEMANDED VERIFICATION I verify that the statemems made in the foregoing are tree and correct. I understand that false statements herein are made subject to the penalties 18 Pa.C.S. §4904, relating to unswom falsifications to authorities. DATE: EXHIBIT A Fund Number: 0030 Account Number: 098~.737866 Check Number: 01052 CheckAmount: $2,50000 ReCeived Date: 1 EXHIBIT B IFundNumber: 0030 Account Number: 09864737566 Check Number; 01053 Check Amount: $3,500.00 Received Oste: 12/05/2000 ¥~ua~ l'r{me UM£KII. N, PA 19~3~-0032 DAT[ /'~O ~,] ~.59 ~,OOC3 EXHIBIT C CHR!STQPHER G JOHNSON & JEAN H JOHNSON JT TEN WROS & NOT AS TEN COM 2071 OLD PHILA PIKE APT 6 LANCASTER PA 17602-3495 Fund Number: 0030 Account Number: 09864737866 Check Number: 1055 Check Amount: $4,000.00 Received Date: 02/23/2001 EXHIBIT D EXHIBIT E SHERIFF'S RETURN - REGULAR CASE NO: 2002-05506 p COMMONWEALTH OF COUNTY OF PENNSYLVANIA: CUMBERLAND JOHNSON CHRIS G VS FAILOR STEVE ET AL BRYAN WARD _, Sheriff or Deputy Sheriff of Cumberland CountY, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FAILOR STEVE was served upon the DEFENDANT , at 0019:51 HOURS, on the 27th day of November , 2002 at 452 CROSSROAD SC ~ HOOL ROAD ~ CARLISLE, PA 17013 by handing to DARLA FRYE (SISTER OF STEVEN FAILOR) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing He__~r attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.52 .00 10.00 .00 33.52 Sworn and Subscribed to before me this ~ day of A.D. So Answers: 12/02/2002 ABOM & KUTULAKIS By:~ SHERIFF,S RETURN - REGULAR CASE NO: 2002-05506 p COMMONWEALTH OF COUNTy OF PENNSYLVANIA: CUMBERLAND JOHNSON CHRIS G VS FAILOR STEVE ET AL BRYAN WARD _, Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FAILOR CYNTHIA was served upon DEFENDANT , at 0020:4S HOURS, at 452 CROSSROAD SCHOOL ROAD CARLISLE, PA 17013 DARLA FRYE (SISTER OF STEVEN FAILOR) a true and attested copy of COMPLAINT & NOTICE the on the 27t~h day of November , by handing to together with 2002 and at the same time directing He___~r attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 _ .00 16.00 Sworn and Subscribed to before me this ~ day of So Answers: R. omas Kllne ~ 12/02/2002 ABOM & KUTULAKIS By: / ~ I.D. #~8~3 GOLDI3I~RG, KAT2~AN dE 8HIPMAN, P.C. 32O Market Street (717) 234.4161; (717) 234-4161 (£ac~imile) CHRIS G. JOHNSON, IN THE COURT OF COMMON PLEAS Plaintiff · V. STEVE FAILOR and CYNTHIA FAII.OR, · Defendants · CUMBERLAND COUNTY, PENNSYLVANIA No.. 02-5506 CIVIL TERM CIVIL L ACTIOIN- LAW NOTICE TO PLEAD You are hereby notified to plead to Defendants' Answer and New Matter within twenty (20) days fi.om service hereof.. Date: December 31, 2002 Attorney I.D.//58853 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 (717) 234-6808 (facsimile) Attorney for Defendants : :ODMA UOCDOC~893 4811 1 LD. #58853 GOLDBER~, KATZMAN & 8ttlPMAN, p.e. 320 Mntket 81met P. O.B~: 12~ I-I~r~. pA 1710~12~ (717) 2-'~4161; (717) 234-4161 CHRIS G. JOHNSON, IN 'file COURT OF COMMON PLEAS Plaintiff · STEVE FAR,OR and CYNTHIA FAll.OR, · Defendants · CUMBERLAND COUNTY, PENNSYLVANIA No.. 02-5506 CIVIL TERM CIVIL L ACTIOIN- LAW DEFEDANTS' ANSWER AND NEW MATTER Now come the Defendants Steve and Cynthia Failor and in response to the Plaintiff's Complaint aver as follows: 1. Admitted based upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied as stated. It is admitted that Plaintiff and Defendant entered into an arrangement wherein Defendant, Steven Failor sold a used 1976 Ford F250 tmclc, VIN F26YEC51267 to the Plaintiff and further agreed to perform certain restoration work required by the PlaintS. The document attached as Exhibit A to Plaintiff's Complaint is a writing which speaks for itself. By way of further answer, it is specifically denied that the document contains all of the terms of the arrangement. 6. Admitted. 7. Admitted. : :ODA~4 hoCDOC~..g189539U 8. Denied as stated. The truck has been titled in Plaintiff's name and is available for him to pick up. Plaintiff has refused to take possession of the vehicle. 9. Admitted. 10. Admitted. By way of further answer, after Plaintiff signed the document attached to his Complaint as Exhibit A, he requested additional work be done for which he was obligated to pay the cost of materials and labor. 11. Admitted. 12. Denied. It is specifically denied that Defendants have failed to make any repairs or restoration to the truck. To the contrary, Defendant, Steven Failor has made extensive repairs and restoration. Plaintiff has refused to pay for any additional repairs necessary to the truck and as a result the truck is not yet complete but is available for ?laintiffto pick up. 13. Admitted. 14. 15. Admitted. Denied. It is specifically denied that Defendants have failed to make any repairs or restoration to the truck. To the contrary, Defendant, Steven Failor has made extensive repairs and restoration. Plaintiff has refused to pay for any additional repairs necessary to the truck and as a result the truck is not yet complete but is available for Plaintiff to pick up. 16. Admitted based upon information and belief'. 17. Denied. It is specifically denied that Defendants have failed to make any repairs or restoration to the truck. To the contrary, Defendant, Steven Failor has made extensive repairs and restoration. Plaintiff has refused to pay for any additional repairs necessary to the truck and as a result the truck is not yet complete but is available for Plaintiff to pick up. : :ODMA LPCDOCSIDOC, gi8955911 2 18. Denied. To the contrary, the truck is tiffed in Plaintiff~s name for the purchase price of $2,$00. Plaintiff has failed to pick up the truck. 19. Denied. Defendant, Steven Failor has made numerous repairs and restorations to the truck. Plaintiff has refused to make payment for any additional work and as a result the truck remains unfinished but is available to the Plaintiff. 20. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments regarding what Plaintiff might have done. By way of further answer, it is specifically denied that Defendants have failed to comply with any terms of the written document dated November 28, 2000. 21. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments regarding what Plaintiff'might have done. By way of further answer, it is specifically denied that Defendants have failed to comply with any terms of the written document dated November 28, 2000. 22. After reasonable investigation, answering Defendants are without sufficient knowledge or information to form a belief as to the truth of the averments regarding what Plaintiff might have done. By way of further answer, it is specifically denied that Defendants have failed to comply with any terms of the written document dated November 28, 2000. 23. Denied. Defendant Steven Failor has caused the vehicle to be titled in Plaintiff's name and has made all repairs for which he has been paid. : :ODM,~ ~Z~)C~ $ $ 9~ i 3 COUNT I Breach of Contract 24. The answers contained in paragraphs 1 through 23 are incorporated herein as though set forth in their entirety. 25. The averments contained in paragraph 25 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. 26. The averments contained in paragraph 26 of PlaintLff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. By way of further answer, it is specifically denied Plaintiff does not have the ability to pick up the truck. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. COUNT II .Fraudulent Misrepresentation 27. The answers contained in paragraphs 1 through 26 are incorporated herein as though set forth in their entirety. 28. The averments contained in paragraph 28 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. : :ODMA LnCDOCSIlX~b~8953911 4 COUNT IH Violation of the U~air Trade Practices and Consumer Protection Law Title 73 P~01-2 4 ix 201-24 xiv 201-2 4 xvi 201-2 4 xxi 29. The answers contained in paragraphs 1 through 28 are incorporated herein as though set forth in their entirety. 30.-33. The averments contained in paragraph 30-33 of Plaintiff's Complaint constitute conclusions of law to which no response is required. To the extent they are deemed factual in nature, they are denied. By way of further answer, it is specifically denied that either Defendant violated the Unfair Trade Practices and Consumer Protection Law. WHEREFORE, Defendants respectfully request that judgment be entered in their favor and against the Plaintiff. : :ODM~ ~C~..~89 5 5 9t l 5 .NEW ~LA. TT~R 30. The answers contained in paragraphs 1 through 33 are incorporated herein as though set forth in their entirety. 31. Plaintiff's Complaint is barred by the applicable statute of limitations. 32. Plaintiff's Complaint fails to set forth a cause of action. 33. Plaintiff'is in possession of the title to the vehicle in question. 34. Plaintiff has always had the opportunity to pick up the truck. 35. Plaintiff refuses to pick up the truck because he no longer wishes to make any additional repairs to the vehicle. 36. AH monies paid by Plaintiff were compensation due to Defendant, Steven Failor as a result of the work he performed on Plaintiff's truck. 37. 38. 39. All repairs and restorations were completed in a proper workmanlike fashion. Defendant Cynthia Failor is not a party to the contract between Plaintiff and Steven Failor. All monies received by Defendants have been earned. 40. Plaintifl~ having induced Defendant, Steven Failor, to commence the repairs, is estopped from terminating the agreement at this time. Date: December 31, 2002 RG, & HIPMAN Thomas J. Weber''~ Attorney I.D. #58853 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161 (717) 234-6808 (facsimile) ~lttorney for Defendants : :ODMA ~C~'~)OC~893 3 9~i 6 CERTIFICATE OF SERVICE, I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: John A. Abom, Esquire Aborn & Kutulakis, LLP 8 South Hanover Street, Suite 204 Carlisle, PA 17013 ~.~~~~G, KATZMAN & SI-I~, p.c Thomas $. Weber, Esquire Attorney I.D. No. 58853 Date: December 31, 2002 ::ODB4AXPCDOCb'XDOC~84123H 4 CHRIS G. JOHNSON Plaintiff VS. STEVE FAILOR and CYNTHIA FAILOR Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5506 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ENTER DEFAULT JUDGMENT To: Curtis Long, Prothonotary, Court of Common Pleas: Please enter judgment in favor of the plaintiff and against the defendant, ~, by default for defendant's failure to file an answer to plaintiffs complaint against defendant, without prejudice to plaintiff's fight to proceed in the suit for the recovery of the balance of the claim, and assess damages as follows: Principal amount due Interest from 11/28/00 Costs of suit $11,356.87 $1,362.82 $55.50 Total $12,775.19 · It is certified that a written notice of intention to file this praecipe was mailed to the defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. A copy of the notice of intention to enter judgment by default is attached hereto as Exhibit A. Judgment entered and damages assessed as above. /// Jol~n ~-~bom'X~. ?~Attomey for Plaintiff. 12/31/02 ProthO/no -tar~ EXHIBIT A CHRIS G. JOHNSON Plaintiff VS. STEVE FAILOR and CYNTHIA FAILOR Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2002-5506 CIVIL TERM CIVIL ACTION-LAW To: Cynthia Failor Date of Notice: December 17, 2001 IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 Suite 204 Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff C.~ERTIFICATE OF SERVICE AND NOW, this 17th Day of December, 2002, I, John A. Aborn, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF OF INTENT TO FILE A PRAECIPE TO ENTER .JUDGMENT B Y DEFA UL T upon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Pennsylvania, addressed as follows: Cynthia Failor 452 Crossroad School Road Carlisle, PA 17013 / JohriA Abom-W.-~;--- -- CHRIS G. JOHNSON Plaintiff VS. STEVE FAILOR and CYNTHIA FAILOR Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5506 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ENTER DEFAULT JUDGMENT To: Curtis Long, Prothonotary, Court of Common Pleas: Please enter judgment in favor of the plaintiff and against the defendant, Steve Failor, by default for defendant's failure to file an answer to plaintiff's complaint against defendant, without prejudice to plaintiffs right to proceed in the suit for the recovery of the balance of the claim, and assess damages as follows: Principal mount due Interest from 11/28/00 Costs of suit $11,356.87 $1,362.82 $55.50 Total $12,775.19 It is certified that a written notice of intention to file this praecipe was mailed to the defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least 10 days prior to the date of the filing of this praecipe. A copy of the notice of intention to enter judgment by default is attached hereto as Exhibit A. /,/' John A. Ab0~fi~' ~,/" Attorney for Plaintiff. 12/31/02 Judgment entered and damages assessed as above. Prothor/otary EXHIBIT A CHRIS G. JOHNSON Plaintiff vs. STEVE FAILOR and CYNTHIA FAILOR Defendants : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PA NO. 2002-5506 CIVIL TERM CIVIL ACTION-LAW To: Steve Failor Date of Notice: December 17, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGA1NST 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 2 Liberty Street Carlisle, PA 17013 (717) 249-3166 ABOM & KUTULAKIS, LLP ," · John A. Ab0m, Esqui~'e ~ i 8 South I~Ianover Street "'--'-Sfi~'~ 204 Carlisle, PA 17013 (717)249-0900 .4ttorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this 17th Day of December, 2002, I, John A. Aborn, Esquire, hereby certify that I did serve a true and correct copy of the foregoing NOTICE OF OF INTENT TO FILE A PRAECIPE TO ENTER .JUDGMENT B Y DEFA UL T upon the Defendant by depositing, or causing to be deposited, same in the U.S. certified mail, return receipt requested, at Carlisle, Pennsylvania, addressed as follows: Steve Failor 452 Crossroad School Road Carlisle, PA 17013 CHRIS G. JOHNSON, IN THE COURT OF COMMON PLEAS Plaintiff · Vo STEVE FAILOR and CYNTHIA FAILOR, · Defendants · CUMBERLAND COUNTY, PENNSYLVANIA No.. 02-5506 CIVIL TERM CIVIL ACTION -- LAW PLAINTIFF'S PRAECIPE TO STRIKE~ OPEN AND REMOVE ENTRY OF DEFAULT JUDGMENT Please strike, open and remove the Default Judgmem entered in this matter on December 31, 2002, in that an Answer and New Matter were filed on that same date. RespectfullY' submitted, bom, Esquire- Aborn & Kutulakis, LLP 8 South Hanover Street Carlisle, PA 17013 717/249-0900 Date: January.t/O , 2003 ~lttorneyfor Plaintiff CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the. person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Date: January /t~)., 2003 Thomas J. weber, Esquire Goldberg, Katzman & Shipm~m 320 Market Street Harrisburg, PA 17108-1268; m, Esquire