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Home My WebLink About97-03306 Il ~ , 10 ~ ~ ~ ~ It ~ ~ ~ \J ~ "1 '> ~ ~ ~ J\ / I I i ='- .. .';) ... '-J ~ ~ . ~I , ~ I.)-- POWER OP ATTORNEY AUTHORIZING SATISPACTION OP JUDGMENT IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE CARPET BARN by James E. Watts No. 1997'J306 v. Debt $11,267.26 BENCHMARK HOMES, INC. Entered June 20, 1997 Having received from Benchmark Homes, Inc. the full amount of the debt, interest and costs of the above judgment I do hereby authorize, empower and direct the Prothonotary of Cumberland County to enter satisfaction of the same on the records. Witness my hand and seal this '1t/l day of October, 1998. The Carpet Barn ~~atf"uJ.m \ STATE OF PENNSYLVANIA COUNTY OF On this, the 1tA day of October, 1998, before I,le, the under- signed officer, personally appeared James E. Watts, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Satisfaction of Judgment and acknowledged that he executed same for the purposes therein contained. In witness whereof I hereuntf; set m~off'cialL!and and seal. ( My Commission Expires: ~6tary Public I NOT1.RIAl SEAL SUA/mE R, Ro"~aAUGH. NOla~Publi~1. . Q, V1l!lt-I'M1drillffily,I'AU1o;:e'" , I. . ~lj Commlsslun Expires June 18, 19,9 . . JAMES E. WA'ITS, tJdlbla THE CARPET BARN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlnintilT v. NO. Q7-.3?LC.o C~...D Tl'lIfY\ BENCHMARK HOMES, INC., Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must 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 may proceed without you and a judgment may 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 Plaintiffs. 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 Cumberland County Courthouse One Courthouse Square, 4th Floor Carlisle, PA 17013 (717) 240-6200 JAMES E. WA'ITS, tJdlbla THE CARPET BARN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. Q7- 330L, c.~~...o ter(t\ BENCHMARK HOMES, INC., Defendant COMPLAINT 1. Plaintiff is James E. Watts, an adult individual, Vd/b/a The Carpet Barn, with a principal place of business at 505 Park Road, New Cumberland, York County, Pennsylvania 17070. 2. Defendant, Benchmark Homes, Inc., is a Pennsylvania corporation with its regular offices at 1105 Rana Villa Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff is in the business of the sale and installation of carpet, linoleum and other floor covering products. 4. At Defendant's request, Plaintiff supplied floor coverings in the quantities, for the purpose and on the jobs specified on Invoice Nos. 3041 dated October 2, 1996,2411 dated October 23, 1996 and 3188 dated November 13, 1996. Copies are attached hereto, made a part hereof and marked Exhibit "A" 5. Prices charged by the Plaintiff were reasonable and customary. 6. The floor coverings were accepted by Defendant and were of good, merchantable quality. exhibit A 0" ,'''''"".. ... o -- - --~... .~~ '"_.....,.-:,-~ ..--- .. . 1......,r I";:'~'~_""."_", .~.-:--"'- _ '. " . \0-t.{"-'l c.. ~ _ HOURS ~ Mondoy Thru Thursdoy 10 A.M. . 12 P.M. & I P.M. . 8 P.M. Fr;doy 10 A.M . 12 P.M. & 1 P.M. . 5 P.M. Saturday 9 A.M. . 2 P.M. . Seot. 1 ThN May 25 CARPET BARN ---- , , . . "'. -; 7:r--"'- -,'.-:;' ... _.. _ ,-,. .'........... --,--...., .... .......,... -:., 505 Pork Rood, Ne" Cumberland, Po. 17070 Phone: 1717> 93B.1609 ,f 1'2/fJ ItJ.;l.-9~ Nt SOH ~l..7-<,..lI1'MiC ~''''1:.7 lid!" ;e,,,,,~ (/,1(,., h ,- CA. A ,II:JII , Dote -" 3 Miles South Of New Cumberland Off Old York Rd., Pork Rood SIZE ITEM SQ. YDS. UNIT PRICE r' ~, ~"J ~ P-P, , ~ '/.1-( I ~ ./0 J '1)". t'tJ I~("'~ /tfn,ll,r.r <t,nJ !H"3 1"n srr 1>3J"1 r~ 1),4 .t~~ - Pl..C2qO 6' 'i)..ikr (, .+)~; e~ c-7 I 'L)'~ J.y /2"'1ij-7';'TIf\J~ - ~u-4 ~ ~I <-V'1 <1z~.1J --- 18t;)". (/"'f:; 7(, , (€1fT .,.l.G..d"l/ ]c..n. O"?' ~qo.t'1 ~'1l ofu ~/gt lfO ~r-'-~q<' ,lY '. ..... 'Ii ~.., .'. " ~ , .' li~lr=-y(' ~.~ HOU~S'~ .-r__,..."._ Mondoy Thru Thursday 10 ^.M. - 12 P.M. & I P.M. . 8 P.M. Froday 10 AM - 12 P.M. & I P.M. .5 P.M. Saturday 9 ^.M, . 2 P.M. - SePt. I Thru May 25 CARPET BARN ~ ", ";":' '. -..";"'".:.... -.... ":.:' --. ;-....,-.... .~-':".. ,~;";". -":"'~ . .." ;/ JI-{) .cre". Nt' 8188 ~J,eJ- . 11.)[" (c -.-. Jir ~ ell- ..t>A- I"")) II PRICE ). (II' ('(J co.ro . i,;..n r II)': g-(J ~9 .tT1J \(.').~ 30, .-<I ?&r;I.rrD S-r-I< n I. () f" ']tJ ~;.. "Co Dole -ik IL~J tlt-l 50S Park Road, New Cumberlond, Po. 17070 ..; Phone: (717) 938-1609 3 Miles South Of New Cumberland Off Old York Rd., Park Road SIZE '. ITEM SQ. YDS. UNIT . . d':J '7 ~~ .:,> r.) y l1.i"'-7JAl, ~.. \\'" ~. A' " "^. ... ~. . .'-' " .... ~, . ... .. >. ::'J\ .- t.-~ C, . ,. '. I !' L " ( ,. -.1 \'- ".- (')i , (n C-: I 1-_ (1-. " ~ I:"j .~ r -. , " .. I . ~ r- ", N ~~ld a:':5~::l:l ~""lii~~ o<I::~;;: c(U):w!~id .eit a: J" ffi~~::!f: c;lO :r:r::. <1:-0.. w~l=l::> a::~""5 C:IOFFICEIWPWINIWPDOCSIPLEADIBENCHMRK.POS July 1.1997 JAMES E. WATTS, tldlbla THE CARPET BARN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3306 CIVIL TERM v. BENCHMARK HOMES, INC., Defendant NOTICE TO PLEAD TO: James E, Watts tldlblaJ The Carpet Barn 505 Park Road New Cumberland, P A 17070 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. By: Respectfully Submittcd, ~AD~ INUS E. FENICLE, ESQUIRE Attorncy I.D. No. 20944 233 I Markct Street Camp Hill. P A 17011-4642 Telephonc No. [717] 763-1383 Attorneys for Defendant C:IOFFICEIWPWINIWPDOCSIPLEADIBENCHMRKPOS July 7.1997 ... .. REAGER & ADLER, PC BY: LINUS E. FENICLE, ESQUIRE Attorney 1.0. No. 20944 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Defendant JAMES E. WATTS, tld/b/a THE CARPET BARN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 97-3306 CIVIL TERM v, BENCHMARK HOMES, INC, Defendant PRELIMINARY OBJECTIONS OF DEFENDANT AND NOW, comes Defendant by and through its attorneys, Reager & Adler, P.C., and files its preliminary objections as follows: 1. Plaintiff is operating under a fictitious name, that being The Carpet Barn, along with a principal place of business at 505 Park Road. New Cumberland, P A 17070, 2. Upon infonnation and belief, Plaintiff has failed to register the fictitious name as required by the Fictitious Names Act, Act of December 16, 1982, PR. 1309, No 295,54 PaC.SA 9301, el seq.. 3. By virtue of Plaintiff's failure to register the fictitious name, Plaintiff has no authority to maintain this action. 4. The contracts and invoices attached to Plaintiffs complaint indicate the contracts and invoices were with The Carpet Barn, which fictitious name is not registered C:IOFFICEIWPWINIWPDOCSIPLEADI8ENCHMRK.POS July 7.1997 . ~. ~ 5. Pursuant to 54 Pa,C.S.k 9 331, this action may not be maintained and should be dismissed. WHEREFORE, Defendant requests that Plaintilrs Complaint be dismissed. Date: July 7, 1997 By: Respectfully Submitted, ADLER, PC 5~ L US E. FENICL ,ESQUIRE Attorney I.D. No 20944 2331 Market Street Camp Hill, P A 17011-4642 Telephone No, [717] 763-1383 Attorneys for Defendant 2 C:IOFFICEIWPWINIWPDOCSIPLEAOIBENCHMRKPOS July '.' 1997 . -_ -, JAMES E. WATTS, tJdlb/a THE CARPET BARN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3306 CIVIL TERM v. BENCHMARK HOMES, INC., Defendant CERTIFICATE OF SERVICE AND NOW, this 8th day of July, 1997, I hereby verify that I have caused a true and correct copy of the foregoing document to be placed in the U,s mail, first class, postage prepaid and addressed as follows: James E Watts t/dlb/a1 The Carpet Barn 505 Park Road New Cumberland, P A ] 7070 By: LI US E. FENIC , ESQUIRE Attorney 1,0, No. 20944 233] Market Street Camp Hill, PA 17011-4642 Telephone No [717] 763-1383 Attorneys for Defendant J