HomeMy WebLinkAbout03-0789IN THE COURT OF CO~ON PLEAS OF
CUMBERLAND COUNTY, PEBR~SYLVANIA
MID-STATE PRODUCTS
CORPORATION,
Plaintiff
KEVIN SHRAWDER, d/b/a
AUTO EFFECTS,
Defendant
* CIVIL ACTION - LAW
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* NO. ~°~7~ ~
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NOTICE TO DEFEND
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 PLAINTIFF. 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717)249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MID-STATE PRODUCTS
CORPORATION,
Plaintiff
Vo
KEVIN SHRAWDER, d/b/a
AUTO EFFECTS,
Defendant
* CIVIL ACTION - LAW
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* NO. ~3 -gff~
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COMPLAINT
AND NOW COMES Plaintiff, Mid-State Products
Corporation, by and through its attorney, Jackie J.
DeArmond, Esquire, and files this Complaint and specifically
avers the following in support thereof:
1. Plaintiff, Mid-State Products Corporation, is a
corporation organized and existing by virtue of the laws of
the Commonwealth of Pennsylvania with a principal place of
business located at 1700 Bobali Drive, Harrisburg, Dauphin
County, Pennsylvania 17104.
2. Defendant, Kevin Shrawder, is an individual doing
business as Auto Effects. Auto Effects is a business
organized and existing by virtue of the laws of the
Commonwealth of Pennsylvania with a principal place of
business located at 1322 Spring Road, Carlisle, Cumberland
County, Pennsylvania 17013.
3. This Court has jurisdiction over this matter
pursuant to 42 Pa. C.S.A. Section 5301(a) (2) and Pa. C.S.
Section 5517(b).
4. On or about May 2,2002, through May 3, 2003,
Defendant contracted with Mid-State Products Corporation for
the purchase, on credit, of various auto equipment parts.
5. Mid-State Products Corporation sent Defendant
invoices for the auto equipment parts purchased by
Defendant. The invoices included the reference number of
the part(s) ordered, a description of the part(s) ordered,
the quantity of part(s) ordered, the individual price of the
part(s), and the total amount due. A true and correct copy
of said invoices is attached hereto and incorporated herein
by reference as Exhibit "A".
6. The terms of each invoice, as stated on its front
side, are "NET 30 DAYS." See Exhibit "A."
7. Plaintiff presented Defendant with a demand letter
for payment. Said letter, dated July 2, 2002, was sent to
Defendant via United States Postal Service. A true and
correct copy of said demand letter is attached hereto and
incorporated herein by reference as Exhibit "B".
8. Defendant has failed and/or refused to make
payments towards the balance due on this account.
9. Mid-State Products Corporation has determined that
the total amount due and owing by the Defendant is as
follows:
Principal Amount
Interest
Attorney's Fees
Court Costs:
Filing Fee
Service of Process
$1,297.91
19.47
$ 395.21
55.50
150.00
Total $ 1,918.09
10. Defendant's refusal to pay said balance
constitutes unjust enrichment to Defendant and injury to
Mid-State Products Corporation.
WHEREFORE, Plaintiff, Mid-State Products
Corporation, demands judgment in its favor for the principal
amount of One Thousand Two Hundred Ninety Seven and
91/100ths Dollars ($1,297.91) including all applicable late
charges, interest, attorney's fees, and all costs related to
this action.
Respectfully Submitted,
, ? /
,, ~,, ,~ ,:' ~ ;' f,: .... ~, ~ <
Ja~ckie J- DeArm°nd, Esquire
....~,Attorney.~for Plaintiff
Legal DePartment of
Powell, Rogers & Speaks
P.O. Box 61107
Harrisburg, PA 17106-1107
{717) 896-2850
Attorney I.D. No. 64177
VERIFICATION
Mid-State Products Corporation am authorized to make this
verification on its behalf, and verify that the averments
set forth in the foregoing Complaint are true and correct to
the best of my knowledge or information and belief. I
understand that false statements herein are made subject to
the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
INVOICE
MID-STATE PRODUCTS CORP-MECH
180 SILVER SPRING ROAD
MECHANICSBURG PA 17050
717-790-0240
SHIP TO:
AUTO EFFECTS **COD**COD**
1322 SPRING ROAD
CARLISLE PA 17013
PAGE 1
50170
09:21 AM 15 05/02/02 05/02/02 209323
97 ECL BOMEX
92,CVC 23D BL
1.5L-2.3L DRY
"NOG-CLOCK '-
QT~ SOLO
1
COPY
NOS@OS122NOS
2"?:NOS@19350NOS'V~
225.00 225.00
~25.00 ~25.00
491.31 491.31
18.95 56.85
!COPY!
TERMS
2% 10th net 30th. 1.5% per month service charge on past due amounts. $29.00 NSF check charge.
All collection & attorney costs are the customers responsibility. Special orders are non-returnable.
copY. IMI warranty claims will be processed according to each manufacturer's warranty policy.
SUB-TOTAL
CORE
TAX
LABOR/MISC.
FREIGHT ~
TOTAL i
CHRG
INVOICE
MID-STATE PRODUCTS CORP-MECH
180 SILVER SPRING ROAD
MECHANICSBURG PA 17050
717-790-0240
SHIP TO:
AUTO EFFECTS **COD**COD**
1322 SPRING ROAD
CARLISLE PA 17013
50170! 17 JL I DR
2 TOP@T18 BULLET OVAL
1 TOPeTSO18 N-1 STYLE UNI
COPY J
PAGE 1
INV NO.
59.95 119.90
59.95 59.95
;: 59.95
!COPY!
TERMS
2% 10th net 30th. 1.5% per month service charge on past due mounts. $29.00 NSF check charge.
All collection & attorney costs ar~ thc customers responsibility. Special orders arc non-returnable.
~.11 warranty claims will be processed according t .... h manufacturer's wan'amy policy.
COPY
SUB-TOTAL
CORE
TAX
LABOPJ MISC.
FREIGHT
TOTAL
~99.___ 75!_ CHRG~
363 West King st.
i roduC
(717)845-1521
(800)442-6370
Fax (717)84~5-1929
4913 Jonestown
(717)~Sl-gSOl
Fax (717)~1-9g~4 '
~ OFFICE: 1720 Bobnll Dr.
Harrisburg, ]PA 17104
(717)939-1391 (800)692-7476
Fax (717)939-9324
· ~/0 Broad St.
Clmmbersburg, PA 17201
(717)264-3347
(800)237-7972
Fax (717)264-2429
180 Silverspring Rd.
Mechanlesburg, PA 17055
(717)790-0240
Fax (717)790-0239
Kevin Shrawder
Auto Effects
1322 Spring Road
Carlisle, Pa. 17013
July 2, 2002
Kevin:
As of the close of business on June 30, 2002, ,your delinquent
account balance with Mid-State Products. was $1,297.91. Since
repeated phone calls have failed to produce any payment,
your account will be placed with our attorney for collection
unless payment in full is received within 1~ days of receipt
of this letter. Please keep in mind that all attorney fees
and collection costs are your resp.~nsiLility as stated c~.~
ourinvoice~ and seateme?,:~ .
- .- :: I . )'.cceus & Sm~.=ks "'
ED g..tviov[ :
qrediu. Manager
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-00789 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MID-STATE PRODUCTS CORP
VS
SHRAWDER KEVIN D/B/A AUTO EFFE
JASON VIOP~AL , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
SHRAWDER KEVIN D/B/A AUTO EFFECTS the
DEFENDANT ,
at 1310:00 HOURS, on the llth day of March , 2003
at 1322 SPRING ROAD
CARLISLE, PA 17013
by handing to
KEVIN SHRAWDER
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Additional Comments
DEPUTIZED DAUPHIN COUNT~ THEY INDICATED THAT DEFENDANT'S CORRECT
ADDRESS WAS 1322 SPRING ROAD CARLISLE, PA 17013.
Sheriff's Costs:
Docketing
Service
Out of County
Surcharge
Dep Dauphin Co
18.00
3.45
9.00
10.00
25.50
65.95
Sworn and Subscribed to before
me this [ ~{~ day of
So Answers:
R. Thomas Kline
03/13/2003
POWELL ROGERS SPEAKS INC
//~eput y Sheriff
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: MID STATE PRODUCTS CORPORATION
vs
: SHRAWDER KEVIN D/B/A AUTO EFFECTS
Sheriff's Return
No. 0419-T - - -2003
OTHER COUNTY NO. 03 798
I, Jack Lotwick, Sheriff of the County of Dauphin, State of
Pennsylvania, do hereby certify and return, that I made diligent
search and inquiry for SHRAWDER KEVIN D/B/A AUTO EFFECTS
the DEFENDANT named in the within COMPLAINT
and that I am unable to find him/her in the County of Dauphin, and
therefore return same NOT FOUND, March 10, 2003
NEED BETTER ADDRESS. ADDRESS LISTED FOR THE DEF IS REALLY THE ADDRESS FOR
THE PLA. NEW ADDRESS FOR DEF IS 1322 SPRING ROAD, CARLISE PA.
Sworn and subscribed to
bef~.e_ ~is 10TH day f~CH, 2003
So Answers,
Sheriff of Dauphin County, Pa.
PROTHONOTARY By
Deputy Sheriff
Sheriff's Costs: $25.50 PD 02/25/2003
RCPT NO 175743
In The Court of Common Pleas of Cumberland County, Pennsylvania
Mid-State Products Corporation
VS.
Kevin Shrawdew d/b/a Auto Effects
SERVE: sa~e No. 03-798 civil
Now, Febx~ary 24, 2003
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of D~uphin
County to execute this Writ, this
deputation being made at the reques~ and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
Affidavit of Service
., 20 , at o'clock
M. served the
upon
by handing to
a
and made known to
copy of the original
So answers,
the contents thereof.
Sheriff of
County, PA
Sworn and subscribed before
me mis __ day of
., 20
COSTS
SERVICE
MILEAGE
AFFIDAVIT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MID-STATE PRODUCTS
CORPORATION,
Plaintiff
KEVIN SHRAWDER d/b/a
AUTO EFFECTS,
Defendant
CIVIL ACTION - LAW
NO. 03-789 CIVIL
PRAECIPE FOR ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgmem in the above-captioned cause of action against the
Defendant, Kevin Shrawder d/b/a Auto Effects, in the amount of $1,918.09 for failure to
answer Plaintiff's Complaint: Principal Amount $1,297.91
Interest 19.47
Attorney's Fees 395.21
Court Costs:
Filing Fee 55.50
Service of Process 150.00
TOTAL $1,918.09
I certify that a tree and correct copy of the Notice of Intention to Take Default
Judgment was sent on April 16, 2003, to the Defendant at 1322 Spring Road, Carlisle,
Pennsylvania 17013.
Respectfully submitted,
~' "~'~eg~eDJ;~t:~o~de~l,E~oU~;;s & Speaks
P.O. Box 61107
Harrisburg, PA 17106-1107
(717) 896-2850
Atty. I.D. No. 64177
IN THE COURT OF COMMON P?.~.~S OF
CUMBERLAND COUNTY, PENNSYL~-ANIA
MID-STATE PRODUCTS
CORPORATION,
Plaintiff
KEVIN SHRAWDER d/b/a
AUTO EFFECTS,
Defendant
TO: Kevin Shrawder
* CIVIL ACTION - LAW
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* NO. 03-789 CIVIL
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Date of Notice: April 16, 2003
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 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 Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MID-STATE PRODUCTS
CORPORATION,
Plaintiff
KEVING SHRAWDER d/b/a
AUTO EFFECTS,
Defendant
CIVIL ACTION-LAW
NO. 03-789
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please mark the Judgment entered against the Defendant in the above-captioned
matter as satisfied with prejudice.
Respectfully submitted,
~Jgkie)~. I~A~na, Esqffire
~{,egal D~,~iV~,,~Powell, Rogers & Speaks
Attorney foYPlaintiff
P.O. Box 61107
Harrisburg, PA 17106-1107
(717) 896-2850
Attorney I.D. #64177
AND NOW, this l~,4}X-day of
judgment is marked satisfied with prejudice.
Pi~."-O~-IONOTARY
., 2003, the above-captioned
PETER P. KASSAB,
Plaintiff
V$,
PAMELA J. SHIREY,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-857 CIVIL TERM
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw all economic claims previously made in this matter by or on behalf
of the Defendant, Pamela J. Shirey, specifically including her request for exclusive
possession of the marital residence.
JOHN/~ON DUfFlE STEWART & WEIDNER
Melissa Peel Greevy
Attorney for Defendal~t/?.,~,,~~)
Supreme Court ID # */~'t'~',~C/'
301 Market Street
Lemoyne, Pa 17043
(717) 761-4540