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Home My WebLink About03-1442Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff ECHO INDUSTRIES, INC. 2001 State Road Camp Hill, PA 17011, Plaintiff GENERAL CASTING COMPANY 222 N. Queen Street Shippensburg, PA 17257, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - / CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendant: 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 defense 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 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff ECHO INDUSTRIES, INC. 2001 State Road Camp Hill, PA 17011, Plaintiff GENERAL CASTING COMPANY 222 N. Queen Street Shippensburg, PA 17257, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, this ~,~'l~day of March 2003, comes the Plaintiff, ECHO INDUSTRIES, INC., by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff, Echo Industries, Inc., is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its place of business locates at 2001 State Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, General Casting Company, is a foreign business corporation registered to do business in the Commonwealth of Pennsylvania, with a place of business located at 222 N. Queen Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. By Customer Purchase Order No. 602628, Defendant ordered from Plaintiff two (2) Cylinder H Series 8" Bore (Part ID No. HH84B2B-800-35) (hereinafter "Cylinder" or "Cylinders") to be shipped to Defendant's place of business in Shippensburg, Pennsylvania. 4. The agreed-upon unit price for each Cylinder w~s Four Thousand Nine Hundred Ninety-nine and 00/100 Dollars ($4,999.00), plus a freight charge of Fifty-five and 50/100 Dollars ($55.50), for a total charge of Ten Thousand Fifty-three and 50/100 Dollars ($10,053.50). 5. At the Defendant's special instance and request, Plaintiff shipped the Cylinders to Defendant on or about June 12, 2002. 6. Defendant received and accepted delivery of the Cylinders. 7. At the time of acceptance of delivery, the Cylinders were in good working order, and were the kind or type requested by Defendant. 8. Plaintiff has fully performed all its obligations and covenants with respect to the commercial sales transaction described herein. 9. Plaintiff issued to Defendant Invoice No. 10048 dated June 12, 2002, seeking payment of Ten Thousand Fifty-three and 50/100 Dollars ($10,053.50) which was the agreed-upon charge for the Cylinders, including delivery charges. A copy of Invoice No. 10048 us attached hereto and marked Exhibit "A." 10. Since issuing Invoice No. 10048, Defendant has made payments totaling only Two Thousand and 00/100 Dollars ($2,000.00), leaving a balance due and owing of Eight Thousand Fifty-three and 50/100 Dollars ($8,053.50). 11. Although demand has been made, Defendant has failed or refused to make payment of the balance due and owing. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $8,053.50, together with pre-judgment interest, post-judgment interest, costs, and reasonable attorney fees, if available. :210773 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER M i c~a,a eyJ. Cassidy At~y I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, MICHAEL MARCH, Executive Vice President of Echo Industries, Inc., state that I am authorized to make this verification on its behalf, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ECHO INDUSTRIES, INC. I~cf{a~l I¢larc~EE'~ecutive Vice President EAST COAST HYDRAULIC OPERATIONS, INC. 2001 STATE ROAD CAMP HILL, PA 17011 Phone: 717-731-0210 Fax: 717.737-7241 SOLD TO; GENERAL CASTING COMPANY 222 NORTH QUEEN STREET SHIPPENSBURG PA 17257 USA INVOICE NO. 10048 CUSTOMER NO. HYD_GENERAL CAS REMIT TO: EAST COAST HYDRAULIC OPERATIONS, INC. 2001 Sb~ Road Camp Hill, PA 17011 SHIP TO: GENERAL CASTING COMPANY 222 NORTH QUEEN STREET SHiPPENSBURG PA 17257 USA 'DICE DATE SHIP VIA ~./2002 FOB STOMER PO NUMBER SHIP. DATE SALES REP ~.§28 6/12/2002 SALES2 ;DERIED SHIPPED PART ID NO. 2.00 2.00 1,00 1,00 DESCRIPTION HH84E~2B--SQ0-35 CYLINDER H SERIES 8" BORE FREIGHT IN SUBTOTAL TOTAL AMOUNT DUE TERMS Due on receipt TAX CO ID EH3593 UNIT PRICE 4,999.00 55.50 EXT COS $9,998.C $10,053.[ $10,053.', ECHO Industries, Inc. Overdue Invoice Report ;ustomer HYD..GENERAL CAS, all invoices !ntiiy: ECHO tYD_GENERA GENERAL CASTING C 00~8 6/12/2002 6/12/200 USD($) 0.00 ~Ustomer totals: 10,053.50 1113/2003 11:37 ~ Page Balance, ,, Bal'a 113,v, olce CUrrency US DOLLARS 10,053.50 10,05 10,053.50 10,053 ,~otal, Overdue: SHERIFF'S RETURN - REGULAR CASE NO: 2003-01442 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECHO INDUSTRIES INC VS GENERAL CASTING COMPANY CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GENERAL CASTING COMPANY the DEFENDANT at 222-275 N QUEEN STREET , at 1210:00 HOURS, on the 4th day of April SHIPPENBURG, PA 17257 BARBARA CLINE, PURCHASING a true and attested copy of COMPLAINT & NOTICE by handing to MANAGER, ADULT IN CHARGE together with , 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this /5 ~ day of ~ P~othonotary ' ! ~ So Answers: R. Thomas Kline 04/07/2003 JOHNSON DUFFIE STEWART WEIDNER -- Dep~/ Sher~f ~ohnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ECHO INDUSTRIES, Plaintiff V. GENERAL CASTING COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1442 Civil Term CIVIL ACTION - LAW PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendant, GENERAL CASTING COMPANY, by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a Notice to Defend, and assess the Plaintiff's damages as follows: Principal Amount ............................................................................................... $8,053.50 Interest from June 12, 2002 (6% APR) ........................................................... $ 442.94 Total ..................................................................................................... $8,496.44 together with judgment interest and attorney fees and costs, as may be determined. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, GENERAL CASTING COMPANY, at 222 N. Queen Street, Shippensburg, Pennsylvania 17257, on April 25, 2003; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together with receipt for mailing, are attached hereto and made a part hereof. Dated: :213198 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Michael ~. Cassidy A~I.D. No. 82164 JUDGMENT AND NOW, this ~'~' day of May 2003, judgment in the amount of $8,496.44 is entered in favor of Plaintiff, Echo Industries, and against Defendant, General Casting Company, as directed above. J~hnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 7614540 Attorneys for Plaintiff ECHO INDUSTRIES, Plaintiff Vo GENERAL CASTING COMPANY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1442 Civil Term CIVIL ACTION - LAW TO: GENERAL CASTING COMPANY 222 N. Queen Street ShippensbUrg, PA 17257 DATE: April 25, 2003 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 :212636 JOHNSON, DUFFLE, STEWART & WEIDNER ! Michael.. Cassidy Attorney I.D. No. 82164 Received From: LAW OFFIC' OHNSON, DUFFLE, STE~X 301 MARKET S'IKI~I: P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 ~e pi~ Of O~ ~ii ~r~ to: MAY BE USED ~OR DOMESTIC AND I~E~NATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE -- PS FORM U S GPO 171-631 MAY 1976 38t7 PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 31Ol to 3149 Etc. ECHO INDUSTRIES VS. GENERAL CASTING COMPANY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : Writ No. Term, 20__ : No. 1442 Civil Term, 20 03 : Amount Due .$ 8,496.44 : Interest From 5/9/03 : Attorney's Com. : Costs $ 155.50 TO THE PROTHONOTARY OF SAID COURT: Please issue WRIT OF EXECUTION in the above matter, (1) (2) (3) (4) Directed to the Sheriff of Cumberland County, Pennsylvania; Against General Casting Company 222 N. Queen Street, Shippensburg, Pennsylvania 17257 Defendant (s); and against Garnishee (s); and index this writ (a) against General Casting Company Defendant (s) and Garnishee (s), (b) against as a lis pendens againstthe real property ofthe Defendant(s) in the name oftheGamishee (s)asfollows: (Specifically describe property) Levy upon and sell all personal property of the Defendant, GENERAL CASTING COMPANY, including, but not limited to, all tools, equipment, furnishings, funds, accounts, and other personal property of GENERAL CASTING COMPANY, located at 222 A( Queen Street, Shippensburg, Pennsylvania 17257. (5) Exemption bas (not) been waived. ~~ ( f~omey for Plantin (s) :213815 NOTE ~ ' J. Rule 3104(c). C~t ell O WRIT OF EXECUTION and/or ATTACHNIENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1442 Civil CIVIL ACTION - LAW coUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND CoUNTY: To satisfy the debt, interest and costs due ECHO INDUSTRIES Plaintiff {s) From GENERAL CASTING COMPANY, 222 N, QUEEN STREET, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT GENERAL CASTING COMPANY, INCLUDING BUT NOT LIMITED TO ALL TOOLS, EQUIPMENT, FURNISHINGS, FUNDS, ACCOUNTS, AND OTHER PERSONAL PROPERTY OF GENERAL CASTING COMPANY, LOCATED AT 222 N. QUEEN STREET, SHIPPENSBURG, PA 17257 · (2) Youare als° directed t° attach the pr°pert3r °f the defendant(s) n°t levied up°n in the p°ssessi°n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; 3 If property of th defendant(s/not levied upon an subject to attachment is found in the possession ( ) e ' ' ~ ~-ee "ou are directed to notify him/her that he/she has been added as a of anyone other than a namea gammn , y garnishee and is enjoined as above stated. Amount Due $8,496.44 Interest FROM 5/9/03 Atty's Comm % Atty Paid $123.80 Plaintiff Paid Date: MAY 28, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs $155.50 CURTIS R. LONG Deputy REQUESTING PARTY: Name MICHAEL J. CASSIDY Address: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET, P.O.BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telc~phone: 717-761-4540 Supreme Court ID No. 82164 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ECHO INDUSTRIES, INC., Plaintiff V. GENERAL CASTING COMPANY, Defendant TO THE PROTHONOTARY: Date: :218989 PRAECIPE TO SA~SFY IN THE COURT OF COMMON PLEAS pF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1442 Civil Term CIVIL ACTION - LAW Please mark the judgment in the above-referenced matter as SATISFIED. JOHNSON, DUFFLE, STEWART & WEIDI' By: Mighae, t,0. Cassidy At rt~.~j~y I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff ER CERTIFICATE OF SERVICE AND NOW, this ~o day of September 2003, the undersigned does hereby certify that a the foregoing document was served upon the other parties of record in the following manner: By First Class U.S. Mail to: Harry W. Greenfield, Esquire BUCKLEY KING 1400 Bank One Center Cleveland, OH 44114-2652 JOHNSON, DUFFLE, STEWART & WElD By: M~J/~. Cassidy )py of ER WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-1442 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ECHO INDUSTRIES Plaintiff (s) From GENERAL CASTING COMPANY, 222 N, QUEEN STREET, SHIPPENSBURG, PA 17257 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON AND SELL ALL PERSONAL PROPERTY OF THE DEFENDANT GENERAL CASTING COMPANY, INCLUDING BUT NOT LIMITED TO ALL TOOLS, EQUIPMENT, FURNISHINGS, FUNDS, ACCOUNTS, AND OTHER PERSONAL PROPERTY OF GENERAL CASTING COMPANY, LOCATED AT 222 N. QUEEN STREET, SHIPPENSBURG, PA 17257. (2) You are also directed to attach the property of thc defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $8,496.44 Interest FROM 5/9/03 Atty's Comm % Atty Paid $123.80 Plaintiff Paid Date: MAY 28, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs $155.50 CURTIS R. LONG Prothonotary Deputy REQUESTING PARTY: Name MICHAEL J. CASSIDY Adthess: JOHNSON, DUFFIE, STEWART & WEIDNER 301 MARKET STREET, P.O.BOX 109 LEMOYNE, PA 17043-0109 Attorney for: PLAINTIFF Telephone: 717-761-4540 Supreme Court 1D No. 82164 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is retumed STAYED. Sheriff's Costs: Docketing 18.00 Poundage 50.00 Advertising Law Library .$0 Prothonotary 1.00 Mileage 13.80 Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee TOTAL $ 123.20 Advance Costs: 150.00 Sheriff's Costs: 123.30 $ 26.7O Refunded to Atty on 10/14/03 Sworn and Subscribed to before me This ~4flay of (~P~ ~--~/,~_~ 2003 A.D. ~ ~'.' ~,4~, ~ ' ~ro~onot~ R. Thomas Kline, Sheriff Claudia A. Brewbaker __ 10/10/2003 12:14 F~.~ 717 761 3015 LAW OFFIC]~ JOH.N SON, DUFFIE, STEWART & W'EIDI~IER A Frof;ssional Corp~*~tion ~01 M~R~T ST~T P.O. BOX 109 L~MO~NE, P~LV~IA 17o4~0109 ~B~IT~: ~.jds~.com October 10, 2003 ~r~E~rS ~x~.'. NO. 1~8 F,-MAfL mjc~jd~w,~m VIA FACSIMILE 240-6397 Attn: Claudia Office of the Sheriff Cumberland County Courthouse 1 Courthouse Squam Carlisle, PA 17013 Echo Industries, Inc, v. General Casting Company Cumberland County C.C.P. Docket No. 03-1442 Civil Term Dear Claudia: Be advised that we entered an agreement with the Defendant in the above-referenced matter to settle the judgment for the amount of $2,500.00, which the Defendant has paid in full, Thank you for your prompt attention to this roarer. Please contact me directly if you have any questions or concerns. Very truly yours, JOHNSON, DUFFLE, STEWART & WEIDNER Mi Cassidy MJC:jkr, 219514 12778-3