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Home My WebLink About00-08345 ~,"'~.&wi;^i!li -~ -- -"- I .. ,1.,1" o ' ~, ~ I ,~-,~ ~ ~,' "L."~~,~",,,,~ COMMONWEAltH OF PENNSYlVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM 11-07-00 JUDICIAL DiStRICt DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL COMMON PLEAS No. ~ ~ 83'1S' c..,'':11 No>J ~~, ~ No~ce is gi_ that the appt!llapt has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the dale and in"'" case mentioned,.below. _Of LlANfJAY'DlIDKtEwtCZ INDIVIDUALLY AJIID t/d/h/a S.G. LEWIS & , . SON, ESS Of APPELlANT C, 0 IRWIN, McKNIGHT & HUGHES 60 WES~ POMFRlIT STREET CARLISLE DA OF JlDGMENT IN' CASE OF (Pfaintlff) MAG. DIST. NQ OR NAME OF o.J. 09-1-02 AT> ZIP CODE PA 17013- 222 NOVEMBER 7, 2000 Q}.IM NQ PFB MEMBERS SERVICE CORP. vs. JAY DlIDKEWICZ ET SIGNATURE OF APPELLANT OUfJ~~ #'MT CV ~ 0,000338-00 "\).....1. A./ /&t. I'IA.-U(.A. LT i9' nOu~. MILLER, ESQUIRE This block viill be signed ONLY when this nolcl~on is required under Po. R.cP JP. No. If appellant was CLAIMANT (see Pa. R.G.P.J.P. No. lOOS&. This No~... of Appeal, when received by the District Jus~ce, will operate as a 1001 (6) in action before District Justice, he MUST SUPER5EDE;lo,S 10 the judgment for passessian in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prathonotary Enter rule upon PFB MEMBERS SERVICE CORP . P 0 ROX R71"_ CAMP HILL, PA 17001-8736 Name of appe!lee(s) (Comman Pleas No. &CKYl- i' '?>YS- ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ?r #. ~df.~L~hU_~~ DOU G. MILLER, ESQUIRE , appellee(s). ,appellee(s), to file a complaint in this appeal RULE: Ta PFB MEMBERS SERVICE CORP. NBTrIB of awellee(sl (1) You are notified that a rule is hereby entered upon you 10 file a complaint in this appeal within twenty (20) days after the dale of service of this rule ~ you by personal service or by certified or registered mail. " (2\" y.,., era nol file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. :':",-'- i;(3)',The d9te,..f~rvice of this rule if service was by mail is the dale of mailing. J\JPV'diC{ .~~_. ~ 1!tJ, ~*~of1ffJ~~OffMy Dale: " , (iL'~ /iOPC 312-64 COURT FILE TO BE FILED WITH PROTHONOTARY :"!8""'d"~,'1C';.'.n....'i4~,4_,:tJ~~_,f/le'ili~j.''ir4>-,,~~1l(1i;J iiiBtlliiilu~;;:muT~rrrlJ W\!!lm~~~ , PRCIOF OF SERVICE Of NOTICE OF APPEAl., AND RULE "ro FilE COMPLAINT (This prooi oi saN/CO MUST BE FiLED WITHiN TEN (10) DA YS AFTER filing the notice of appeai. Check applicabfe boxes) COMMONWEALTH OF PENNSYLW,NIA COlJNTY OF.__.___ ____.~ ; ss Af=FIDA VIT: ! her8by SW8aror affirm thai ! $ervep [J a copy o! the Notice of Appeal, Common preas No, , upon the District Justice designated therein on (date of service) _______, , D by personal service D by (certified) (registered) mail, sender's receipt attached hereto. and upon the appellee. (name) _,_ , on ___. .19_ [] bV persona! service D by (certified) (registered) mail. sender's receipt attached hereto. o .and further that I served the Rule to Fj~ea Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Ruie was addressed on ~__. , 19_ D by personal service D by (certified) {registered) maiJ, sender's rec'9-ipt attached hereto, SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME; THIS ~________ DAY OF __"___ . '!9___ Signature of affiant I I: -----------~~---_.~,-- Signature of .;fticie! before whom affid,wit was made nile of offioia! My commission ,:~xplres or _____~~__, , HL-_ 0 C:' ~T~i C C' 2,:- -- ~c_ -on:'; ':2 -T~ mrT' I~ Z-l' ~~ ---,' l"') b :z:r' ~~E: \"C) ; "', ~~~ -~, I cr.:::.:' v - "";-j ;,; - c: >-:';-01 - :z: C' ~ (y >c: .'-1 -7 C" ):;r.. -"--. ::0 =< tv -< ".-..-_.~~~ - '+' '~ .1 <b ~ " ~" & L ,i;.~~ ,,,,,,'" ....~ COMMONWEALTH OF PEti!NSYLVANIA ;" CO NTY OF: CUMBERL1\Nn " NOTICE OF JUDGMENTITRANSCR1PT CIVIL CASE PLAINTIFF: NAME ar1d ADDRESS IpFB MEMBERS SERVICE CORP PO BOX 8736 CAMP HILL, PA 17001-8736 L' , Mag. Dist. No" J' DJ'Name: Hon. 09,1-02 ROBERT V. MANLOVE Addco" 1901 STATE "STREET . ' CAMP HILL; "PA VS. .J ..' ., T"'Ph?~;i'7171,,76i\0583 17011- 0000 , . I' ~' ,,DEFENDANT; .. __, 'NAME ar1d ADDRES-S r])UDKEW:I:CZ"JAY, .ET AL.' 352N.~RSVILLE lID WEST GROVE,PA 19390 L ., S.G. LEWIS & SON % JAY DUDKEWICZ 352 N JENNERSVILLE RD WEST GROVE, PA 19390 Docket No,: CV-0000338-00 Date Filed: 9/29/00 .J . THIS IS TO N011FY YOUTHII,. T:- ,..", .' "".,-P m..' - "cJLJ"dgmenF .'- ... DEFAID.T .TI1D~MF.NT"PT.TF'."" [!] Judgment was entered for: (Name) PFl'l M1>.Ml'lF.1Hl !'IF.RVTC'F.I"{lRP [!] Judgment was entered against: (Name) !l c:: T.RWT!l I(, !lON in the amount of $ 4 Rq4 qO on: , (Date at Judgment) 11/07/00 . o Defendantsare jointly and severally liable. o Damages will be assessed on: (Date & Time) o o o o Amount of Judgment Subject to Attachment/Ad 5 of 1996 $ Amounlof Judgment: '. $' ,4,791.90 Judgment Costs $ 103.00 ... InterestoQ Judgment $ .. . .00 Attorney Fees, $ '.. .00 Total; '" /5' -. $4,894.90 r .......',i/ ' I.,. / Po~\ JlidgmEiht-Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ This case dismissed without prejudice. levy is stayed for days or 0 generally stayed. Objection to, lew has .been filed. and hearing will be held: Date: Place: -c- Time: ". ANY PARTY HAS THE RIGHT TO APPEAL OF APPEAL WITH THE PRO.THON MUST INCLUDE A CO bate THIN 30 DAYS AFTER THE E Y OF JUDGMENT BY FILING A NOTICE COIJR-T-O - MMONPI,EAS,CIVIL DIVISION. YOU / eRlPT FORM WITHYOU~_ N,ol!S:E OF APPEAL. . . '^" , '" ,~.. :,~-,;,. . "',-;jDtSlrJ9t'JuSllce .., i.' ..;',,-"', - " ~.. --' ,._, . >. ,:;" ,-...,. ,/ ~ ," ord of the proceedings contair:ijj\gtt18.judgmertt: .~ '~~ ,,-/"1: ~ "\ j, ,', '\. .' . "~Ql~tri/;t Justice ~~ " ~. ',;-, .... ,~""'," I - , My commission expires first AOPC 315-99 2006 ~~,", ,~' ,~ . SEAL /' ~'~J \~ ""'~lIlfft'~r :1, ,\1 \,(,("~t,, ~ 1~~~I,l:M:i,ill'-~!!!l'Mi:!rI1il1J~~~[i:!_ili~'i'!!ilm@:lj;~"I'.'d:!i!:\~",""""- ':"-L',u'''8"i;'''il,;Mfii~MillIil'ih''3i!i!llIl";'~jL lilli~.""'""'~~ll'W-~<fut';!~>i_~~~'" ~ (> it. !;. ....... 9.) Q 'k> J: (;;' -t::. V) ~ ~ \J( ;l;. , j''d >-' ~ ~ ~~ ii1n,: ~~.' ~c" '" ~~E' -,.~ ~ :3? \' -r:: :> --<,' ,..- --;--. ~l <"' <:. 7 co ~ ,---.' C:J ~'.... c:~) f'<J U) r....) f....::, S:J -< i!!1." .. I 1': I f' I I f" i I: "" I I " i', ~ : I I' I: .: ,,- ~ ,"<~":'''~''-:'' >'~H'""~,,,' ,~~!.~,)UjJ,Jl",_~1 ~', , ~ ,~....,<n l I, ,< .J1'~ 11, .IT .],. l' ~ "~." - ",J.."..~w:~~",,*,~, .4 'l' PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof at service MUST BE FILED WITHIN TEN (10) DA YS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF ~ENNSYlVANIA COUNTY OF Cill\BERLAND ;.. AFFIDAVIT: ! h~reby swear or affirm that I served 1!9 a copy of the Notice of Appeal, Common Pleas No, 2000-8345 Civil Te'?llpon the District Justice designated therein on (date of service) December 1, 2000 , 0 by personal service Il9 by (certified) (registered) mail. sender'{'; receipt attached hereto. and upon the appellee, (name) William Montgomery, III, PFB Members Servic~on orp. December 6, , ~2000 0 by personal service 1!9 by (certilied) (registered) mail, sender's receipt attached hereto. Qg and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appelleels) to whom the Rule was addressed on December 6 , 1'!lE2000D by personal service Il9 by Icertitied) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS 8th December , i<ll<2000 . ~-dQ(X) ~~4~ ~ . v Signature of affiant o c:. c: c:;' s;.f~ ." ~:;~ -'": ~F' ~5_ t:t.' -<- . !,<c ~E :,) ~ ;. :,u(~" ~J::~~ ;:';'~, -;~ ,..''''::': :'::: >i~ Notarial Seal Betzi A. Morrison; Nn\ary Public Carlisle Boro, CUmneri811 County My Commission Expire> D~c. 15, 2OCO Member, Pllnnsylvania Association vi : 1(,\. ~.::; )> :JV -< 0 g 0 c: ~j -" '=' -...; /TI -,- C") i-:h:JJ ~~ I r- -om CO 96 ;<:0 " ?Eo :r~T;: 0 :x (j-n >:c: w 2;0 om ~ - ~ - 0"\ -< " ~',o CPMI\\ONWEALTH OF PE......5YLVA...IA COURT OF CPMMO'" PLEAS ~1i!i,~i:h',~i~~r~~<~~~~~~r;~rr"r~rrmt~~~~",~~'"i<~:~~~~~~;r('~'1";"'~."f~~~~~,rr~~~, NOTICE OF APPEAL . . U-07-00 FROM QTY 09-1-02 sr.TE ZIP CODe ''''t,._,....:~ ~"" , '. '\ I I I I I I I I I I I I I I I I .,) "~'t~"~~ij~~~~;'iJ?,_::'~",, ,:~~:,mj~;'~7'HI';',4', ','~~r;;:~'~:&~,..,," JUDlCW DISTRICT DISTRICT JUSTICE JUDGMENT CPMMO...PLEAS...... ~"8JY> <:..:,;/1 NOTICE OF APPEAL /vb\! ,;z1. :;f(XlC Noilice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case menfioned below. """'OFAPPELlA"rr JAY DUOKEm:C2: nIDlVUI-."LVi' .l\MJ t/d/b/," S.G. I.E'ilIS & SON """"fSSOFAPPELlANY CIO ll/JilIN. M.clOlllG1J.'JC /; HHGIlfES 60 W!>:ST P~IFRIIT STltEw.r IIN THE ~~~ OF (Plaintiff) 2000 I Pi'i'I MEl'fill-::JlS SERVI<;E MAG. 01 T. NQ OR NAME Of O,J. CAlUIfISI~ DATE '" JlIlGMENr ,.00/'mBER 7. aA'MNCl (DeIendN>t ) 17013-3222 PA CORP. vs. JAY DIlDKEIi'lCZ. ET AL. S1GNATURLOf APPELLANT OR HIS ATTORNEY OR AGENT .. '~S:k,Mf.4-'Xj. /1t:Jf!t" lT 19 ooliGIlS G. MIJi.L:!iR. ESQUIRE lhis block will be signed ONLY when this notafion is required under Po. R.c.P.J.P. No. . If appellant was CLAIMANT (see Pa. R.C.P.J.P. No. 1008B. lhis Notice of Appeal. when received by the District Justice, will operate as a 1001(6) inaction be(ore District Justice, he MUST SUP-ERSEDEAS ta the judgment lor possession in this case. FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. . CV~ OOOO.:13IJHIO Signature of Prothonotary or Deputy PR~tCIPE 10 E.I'ITER RULE TO FILE COMPLAINT AND R.\.ILETO FILE (This section of fonn to be used ONLY when appellant was DEFENDANT (see Pa. R.c.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Entenule upan ;PFB MBlmERS S:ElilVICE CORP.. J>. O. BOX R11I\, ,appelle.(s), to file a c~plaintirllhis appeal CJIMP IlUJLL.,PA 17001-8736 Name of appe/Iee(S) . (C""'mon Pleas No. _. 6! OCi") O' ? :,YS' ) within twenty (20) days after service of rule' or suffer entry of judgment of non pros. ~"\'" . pi d.l'/ill ,\ 2" u;y" -KIt /(.J,f;QA ~ Si!inature of appeH~ ,"',,'his, attorneY or agent DOUG . G. MIJ.J:.ER. ESQUltt . , appeIlee(s). . PFB ~f~ SERVICE GORP. Name of appe/JfNJ(s) RULE: To. ~ ' ' (1) You are notified that a rule is hereby entered upon you ta file a complaint in this appeal within twenty (20)ilays after t~ .~ateof "<vice of this rule upan you by personal service or by certified or registered mail " '::':..' ~:~,:.."", ,,',' '. , , ' (2Ji.IfY~ doiootfile,;ii.>"plaint within this fime. a JUDGMENT OF NON PROS Will BE ENTERED AGAINST Yl:>O. --' ',:, ' "~',I i(3!;rhe date'of service of Ihi~iule if servia, was by mail is the date of mailing. ". ~ . .' ~ ."--;- ,J-.. "'- :',~'~ ' ,,' , I, I ' Dme:~N()" a'~reltb.~_. '. IJuc-".7Y/ ,'~,~+~ ; . of Piothonotary 'or 'Deputy 'I " ,,'." .,,' 'I. . tit,' '/ ',1)\,\." '.r' "\'\, AOf'C 312-84 COURT FlU -,', :"1-:-,:,, ,~. "_: )" ',' C~'.^__ ~_" - "':",;,,; .,'. -" t; :;'1 -",,~ ....',; , ..JI ::r ", r'I DOUG/DUnKEWICZ!II/30/00 r- Ir Ir ::r Postage $ Certified Fee' Postmark Hnrn Return,.F=leceipt Fee CO (Endorsement RequIred) r'I C Restri~ed Delivery Fee C (Endorsement Required) Total Postage & Fees $ c c ~ Recipient's Name (Please Print Clearly) (to be completed by mailer) ", ROBERT V MANLOVE -StiOOt;l;pr;;io.;-o-'~P67iox-fio.--------mmnnm--____------_m--------m---- 'c;J.--~eJ.Zi~pn;---SmK'!:---nn----_--n..__________nnn -.----------- CAIIW RILL PA 17011-0llOO Ir Ir ~ I e~;,pr.;t-.;it~h1-. -j,':!;.;';'d3.--Aisod,mpiete item 4 if Restricted Delivery is desired. . Print ~our n~me and address on the reverse $0 that we can return .the card to you. . A.tt~ch this card to,the back of the mailpiece, or on the front if space penn its. 1. Article Addressed to: D. Is delivery address different from item 1? If YES, enter delivery address below: .BERT V ,MANLOVE I'1I0 1 STATE SII'REET ~ HILL PA 17011-0000 3. Service Type 1m Certified Mail D Registered o Insured Mail <',," "'at'del'..,'."'" - ~1IfI1I" .a.S D Age~ Dyes o No o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 2.' Article N~mbflr (Gopy trPrn: servi~ Iabf3Q i : i ; i i j j: ; i i ,! i i . . ~9 ~iOl}18iI49911 16461" .. Ii i!,' i' i!! "$,0'''' 31H, J~1y ,,_ Dem,eslIeReM" R<icoipt 1i ;,! DYes 1~M-1_ ~ --', r '" - '!', ::'~'-"-.~ii':' . .,:c"!__. ."'1":.':'" L~ >- ~ . ,c.--,~ " " '" " I .1 '''''<'i '. ~.- ~ ';~;i,1 V"^ , \, , ""C_ :;'Z'i'~;,~~;'-i,,--~-" I " , ~"'~ > " a- m m .-'I ~ a- a- ;:r Postage $ Certified Fee xx Postmark Here co .-'I C I:] Return Receipt Fee (Endorsement Requrred) Restricted Delivery Fee (Endorsement Required) o to Total Postage & F'ee5 $ I:] ;:r m Rec;pient's Name (please Print Cle~rly) (to be completed by mailer) !'Jm.J!~~JYLf!~YJl'!L!;Qm'.mu".,.,muummuu.uu A"n!Nf.t. ~~"MONTOOMIKRY III P,.,OdIOlL,llX:J.6m",',.u:'u,,',",uuu,m,muu'm, "",umu,m'u City, State, 'ZIP+4 ' 11 . 1..,37 a- a- I:] ~ 61ilpl~re'ltlns" ,2, and 3. Also complete iIIlm4if .ReSlricted Delivery is desired. . .riot your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mall piece, mr on the f~nt if 'space permits. 1. Article Addressed to: D.ls m If YES,'enter delivery address below: gent DAddre Yes No PFB MEMBERs SERVICE CORP ~ATTN: WI~ MONTGOMERY III POBOX~6 .. CAJIIP HILL'PA 17001-8736 3. Service Type 1]' Certified Mail D Registered o Insured Mail . CI Express Mail o Return Receipt for Merchand!$e DC.O.D. 4. Restricted Delivery? (Extra Fee) Dyes 2. Article Number (Copy from seTllice label) "l~~~g~~~9971~~ ...... .... ' ~. il'-M',1~: ,,: ,fp,"~":I)l,,,\,mR....ipl ; c " ! ~ 'i i , ' ' 1~-17B9' > . ., , ~~" ''-'1''-<1-,'"'-''' "_"""',~'~",.';;" J'"," '0"'"_''' ';i' d.'i""'o.:.;~__,,,,;- ",,__ j~L Johnson, Duffie, Stewart & Weidner By: David J. Lanza J.D. No. 55892 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and tld/b/a S.G. LEWIS & SON, Defendants 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 .~ ,-, '~~~~'''I'd, ~""'",,', t, ." /" _",,>,-, '.~,~ i'~'" < ",," ;'~'" . ""~" ,- .1 'it Johnson, Duffie, Stewart & Weidner By: David 1. Lanza J.D. No. 55892 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-01 09 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and tJd/b/a S.G. LEWIS & SON, Defendants COMPLAINT AND NOW, this _ day of January 2001, comes the Plaintiff, PFB MEMBERS SERVICE CORPORA TlON, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, PFB MEMBERS' SERVICE CORPORATION (formerly PFA Members' Service Corporation), is a Pennsylvania Corporation with an address at P.O. Box 8736, Camp Hill, Pennsylvania 17001. 2. The Defendant, JA Y DUDKEWICZ, is an adult individual with an address at 352 N. Jennerville Road, West Grove, Pennsylvania 19390. 3. The Defendant, S.G. LEWIS AND SON, INC., is a business entity of undetermined nature having an address at 352 N. Jennerville Road, West Grove, Pennsylvania 19390. ~". ~ - - '~ '." ;.y,<'; "I ~ , -' , '_~ ..'J "",IL-,,,, '. .-,~ ,^. .-: It'.;, COUNT' - Breach of Contract 4. Plaintiff incorporates the averments of paragraphs 1 through 3 as if fully set forth herein. 5. On April 28, 1987, Plaintiff and Defendant S.G. Lewis & Son, Inc., entered into a dealer agreement whereby Plaintiff agreed to provide, and Defendant agreed to pay for, supplies and merchandise. A true and correct copy of the contract is attached hereto as Exhibit "A." 6. Plaintiff has performed all of its duties under the aforesaid contract. 7. Defendant is in breach of the aforesaid Agreement in that Defendant has failed and refused to pay for materials having a value of $4,791.90. True and correct copies of Plaintiff's invoices are attached hereto as Exhibit "B." 8. Payment was required to be made at Plaintiff's offices in Cumberland County, Pennsylvania. 9. Defendant is required, pursuant to paragraph 2 of the Agreement, to pay interest at the rate of 1.25% per month on all unpaid amounls. 10. Plaintiff has been forced to incur filing fees in the amount of $103.00 before the District Justice for the purpose of obtaining a judgment against Defendants. 11. Plaintiff is entitled to judgment in the amount of $5,134.50 as a result of Defendant's breach, calculated as follows: Principal balance: Interest at 1.25% per month from 9/19/00 through 1/19/01: District Justice filing fee: $4,791.90 $ 239.60 $ 103.00 TOTAL: $5.134.50 ., " "~ ",'ob","I''''~~'''o,~ ., ~~ , ", C";...' ,,"" ,~ ' " i "~i' 12. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outstanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $5,134.50, plus costs and interest from September 19, 2000. COUNT /l-In Quantum Meruit 13. Plaintiff incorporates the averments of paragraphs 1 through 12 as if fully set forth herein. 14. Plaintiff delivered supplies and materials to Defendants pursuant to Defendants' requests. 15. Plaintiff conferred a material benefit upon Defendants upon the promise of Defendants to pay the value of Plaintiff's goods. 16. Defendants requested all items delivered by Plaintiff. 17. Plaintiff expected remuneration from Defendants at the time of the performance. 18. Defendants were aware that Plaintiff expected payment for Plaintiff's services. 19. Despite demand by Plaintiff for payment for Plaintiff's services, payment has not been received. 20. The value of the aforesaid services (less payments made) equals $4,791.90 (plus costs and interest) as set forth on Plaintiff's invoices. 21. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outstanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,134.50 plus costs and interest from September 19, 2000. - . , - ' ." -=.- -...~ ." ~",,-, ,'." -;'-,' ""~"~'- '"""":'--""''''~'''-'''-',",'''"~~,,,,- ,--"'", : ,~~: COUNT 1/1- Book Account 22. Plaintiff incorporates the averments of paragraphs 1 through 21 as if fully set forth herein. 23. Defendants owe Plaintiff the amount of $4,791.90 for goods provided (plus interest and costs) in accordance with a book account, a true and correct copy of which is attached hereto as Exhibits "A" through "B," 24. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outstanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,134.50 plus costs and interest from September 19, 2000. Respectfully submitted, JOHNSON, DUFFIE, ST~WART & WEIDNER ~ By: : 142048 David J. Lanza Attorney 1.0. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761.4540 Attorneys for Plaintiff . c ~. . ,"" , ,"1 'r'~ ~A"" "'!,i-",/. ' ""~'"-~" ," ',",,' , - " " "~,,J ,,'_~ VERIFICA TION I, WILLIAM MONTGOMERY, III, Controller, of PFB MEMBERS SERVICE CORPORATION, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A ~4904, relating to unsworn falsification to authorities. Date: 1~"3-7A>ol ..~ WilliamMont~ j,," _. - " I""'''~C::- Pennsvlvania Farmers' Association MEMBERS' SERVICE CORPORATION MSAFEMARK" DEALER AGREEMENT ~ ..,.~ '19~_~_ , 01 3.5'.z ~, ~H1t_12{ e () ();fo~ . County, Pennsylv.nl.. Telephone ~ gr (. - ,:2';:(/ r ' iDealer"), and PFA MEMBERS' SERVICE CORP. (.Company~)~ THIS AGREEMENT. made this WITNESSETH: !he CQmpany appofn~~. ~eater .~o 1:Jand/e dfSlr',but(oru;~f.u"p'pfje$ for member..s..qJJhe.Pel)n$vJ.I/~Q.lq.Fr;lrm(!rs' ~~~.~ciatfon (PF~~. I. The O.aler will prOleet all suppli.s against damage or loss .nd will maln'aln adequ'at. In.uranee eov.rag. .galn.. .am.. 2. Th. Oe.ler agr.e. to aee.pl Ihe Invoice as . billlh.t I. du.....pon receipt. Thirty (301 day. after Invole. dare Ih. bill become. pa" due and no more shipmenzs will be made. and a 11/4% per month Inferersl charge ""ill be made. 3, The Oeal1!rwUl be given I fO\l.r percent (4%) dlscOUlll fQr pick up at thg war~hou5e on tires, IU~$ and bart~ries only. providing a minimum of 500 lb.. Is met. 4. The Dcal.r agrees to saU marc:handlse on ~ c8.$h basis to Farmers' ASfoc:lallon me-moors so Identified by eo curren I membership card.. Each ..Ie sh.1I be evldene.d by' .01.. ..<elpt slgn.d by ,he Purcha.er. Caple. of .01.. .lips will bo available to County Satemark Comm~t.... 5. The Coi\1pany will furnish ,U n""....ry form. lor the orderly handling of the .upplles and'wllI give '.n (10) day" wrinen nollee 01 prie. chang... 6. Thli'! Dealer will make all necessat9' adjustments with cU!Uomers for defective or damaged Items according to our adjustment schedule. The Company agrees to give dealers appropriatli CTlCdi~ for tldJusted Iti~m5. ..... 7. Thl. Agr.ement shall remain In lulUoree ,nd effe<l unut the ..pir.llon of tMrty (30) daY" \lIrlnen nollte of Inlenllon to cenc.1 has been given by either party.o ,he other. Cancell.tlon .hall not .ff.et any liability Incurred by .lIh.r party 10 the other prier to the date 01 e.ncolla. lion. Upon termination. alllnv.ntory of supplies In Ilrot cia.. r..../able condition and on eurront D.aler prlco .heen In effect althe 11m. of termlnallon (b.n.rlo. milst be I... than 18 montN old) In the po...sslon of the Dealer 11II11 be repureha,.d from the O.aler by th. Company ar the current Oeale, eoSl. 10$' Ion perc.nl (10%) handling charge. 8. This Agrli!ldment shall be binding upon the hlO'lll's. pirlonBl r~pre1Jentattves, $uCCl:!ssors and assigns of tha parties. 9. This Agreement Includes all the lerms of the conlract between the partIes. No oral ~epresenti!tlons Or lIndQt1aklngs at VllTibnc:e with the terms h.,eohhaU be binding upon olth., pony. IN WITNESS WHeReOF. th. corpora'. p.rty or parll.. h.r.to have caused Ihi. Agr..m.nllo b. .xeeuted in lrlPlJeat~heir duly ,ulhorlzed offleo" and the ,e.l. afli/<e and lhe Individual partie. have .ffix.d their hand. and .e.l. on thl. :::( 7 19517- . day 01 DEALER .S, G., l..e", t ~ .J S".....'.!_h ~ By cK. A. L.\ (. . -\ e s ~ J"" /,5 - / b7" :J- 7 - 1 SALES TAX EXEMPTION NUMBER PFA MEMBERS' SERVICE CORPORATION By ~""~ (1$ COUNTY The ~ h "Ut -~ P ~ County Farmer.' Association Board of Directors met .on ond opproued lhrs Agreement between the PFA Members' Seru!ce Corp ond oboue Dealer. ?~J!r / ATE By Presidenl SA.l10.03ID1IB1-X " ~~, L= ~ L.,.":' "' ~ . .,~-~-"",,",,,-,-,j,,,..,~,. SAFEM A Members' Service of The Pennsylvania Fartn Bureau P.O. Box 8736, Camp HiD, PA 17001-8736 (717) 761-2740 . !NVOlCE Sbip To S. G. LEWIS & SON 352 N JENNERSVILLE ROAD WEST GROVE PA 19390 T'ERMS NET;30 DAYS 1.5% per month. 8'efvlo8 --. nn Accounts. over 30 days. (ANNlUAL PERCENTAGE RATE OF '8%), 90097700 I 10/02198. 09128/98 r" Ollie Onler~ SOld '1'0 : S. G. LElWIS & SON 352 N JENNERSVILLE ROAD WEST GROVE PA 19390 JAY -.. # ..- Safemark Expreu _.- ~ "~~'# 33{' 336 009120 8M 4000/350 WIRE REPL.A.ClllMENT 19.00 6384.00 ~~1 o 11.1 1~1 I l 336 UNITS 8aI~PED ORDER FARM TIRES ON SPRING DATING NO PAYMENTS TILL APRIL 1999. PRICE PROTECTED. PRICE INCREASE JAN. 1999. - - - - - - - - - - - - - Please rtion With Pa ent. - - - - - - - - - - SAFEMARK IN \10 ICE 90097700 10102198 From : S. G. LEWIS & SON 352 N J~""SVILLE ROAD WEST GROVE PA 19390 6384.00 1-- 525 ~.m# ~--'_.'~---...."~,,..,..,~ To PFB Members' Service Corporation SAFBMARK Division P.O. Box 8736 CaRp Rill, PA 17001-8736 ,opyrlgf11 leI 199Z: pfB Members' Sl!J.rvtCtl Co-rporaUon: Po aOxB73e; camp HlII PA 17001-8'138 . ..." " ','---'-'-' "~~~, - d-,'" _," ", ,'L- ""~'\'" C. ~ "'-"<' , "~,d'",,-;~:;,,",,-,~,~ . ~ ,;,_ .",;'''''",.,~ '~ri:l CERTIFICA TE OF SERVICE AND NOW, this 1~ day of January 2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing COMPLAINT upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 ::HNSO"iE. STEWART & WEIDNER David J. Lanza ,.::;:r.W,i\!I!lt"lah",,,, '-, ~-".. - I" ," ^~ , -' L-'-.l:bc . Johnson, Dnffie, Stewart & Weidner By: David J. Lanza J.D. No. 55892 301 Market Street P. O. Box 109 Lemoyne, Peunsy1vania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ~O[FY PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and t1d/b/a S.G. LEWIS & SON, Defendants 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 rnay 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 .. _',_'0 h ~, L , ,,~ ~""""'W,"""(." Johnson, Duffie, Stewart & Weidner By: David J. Lanza I.D. No. 55892 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and tJd/b/a S.G. LEWIS & SON, Defendants COMPLAINT AND NOW, this _ day of January 2001, comes the Plaintiff, PFB MEMBERS SERVICE CORPORA TlON, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, PFB MEMBERS' SERVICE CORPORATION (formerly PFA Members' Service Corporation), is a Pennsylvania Corporation with an address at P.O. Box 8736, Camp Hill, Pennsylvania 17001. 2. The Defendant, JA Y DUDKEWICZ, is an adult individual with an address at 352 N. Jennerville Road, West Grove, Pennsylvania 19390. 3. The Defendant, S.G. LEWIS AND SON, INC., is a business entity of undetermined nature having an address at 352 N. Jennerville Road, West Grove, Pennsylvania 19390. --I~ --'._._~ - . I c ~" '~- "',,,ccL',,"o.,.L COUNT 1- Breach of Contract 4. Plaintiff incorporates the averments of paragraphs 1 through 3 as if fully set forth herein. 5. On April 28, 1987, Plaintiff and Defendant S.G. Lewis & Son, Inc., entered into a dealer agreement whereby Plaintiff agreed to provide, and Defendant agreed to pay for, supplies and merchandise. A true and correct copy of the contract is attached hereto as Exhibit "A." 6. Plaintiff has performed all of its duties under the aforesaid contract. 7. Defendant is in breach of the aforesaid Agreement in that Defendant has failed and refused to pay for materials having a value of $4,791.90. True and correct copies of Plaintiffs invoices are attached hereto as Exhibit "8." 8. Payment was required to be made at Plaintiff's offices in Cumberland County, Pennsylvania. 9. Defendant is required, pursuant to paragraph 2 of the Agreement, to pay interest at the rate of 1.25% per month on all unpaid amounts. 10. Plaintiff has been forced to incur filing fees in the amount of $103.00 before the District Justice for the purpose of obtaining a judgment against Defendants. 11. Plaintiff is entitled to judgment in the amount of $5,134.50 as a result of Defendant's breach, calculated as follows: Principal balance: Interest at 1.25% per month from 9119100 through 1119101: District Justice filing fee: $4,791.90 $ 239.60 $ 103.00 TOTAL: $5.134.50 ,~ , .,1 -0"" _J~""" 12. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outstanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $5, 134.50, plus costs and interest from September 19, 2000. COUNT /I -In Quantum Meruit 13. Plaintiff incorporates the averments of paragraphs 1 through 12 as if fully set forth herein. 14. Plaintiff delivered supplies and materials to Defendants pursuant to Defendants' requests. 15. Plaintiff conferred a material benefit upon Defendants upon the promise of Defendants to pay the value of Plaintiff's goods. 16. Defendants requested all items delivered by Plaintiff. 17. Plaintiff expected remuneration from Defendants at the time of the performance. 18. Defendants were aware that Plaintiff expected payment for Plaintiff's services. 19. Despite demand by Plaintiff for payment for Plaintiff's services, payment has not been received. 20. The value of the aforesaid services (less payments made) equals $4,791.90 (plus costs and interest) as set forth on Plaintiff's invoices. 21. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outslanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,134.50 plus costs and interest from September 19, 2000. ~"'~ ~~ ~ "I ""~ ,1"",-. .C ,~~ ""~",,j~."1L COUNT 11I- Book Account 22. Plaintiff incorporates the averments of paragraphs 1 through 21 as if fully set forth herein. 23. Defendants owe Plaintiff the amount of $4,791.90 for goods provided (plus interest and costs) in accordance with a book account, a true and correct copy of which is attached hereto as Exhibits "A" through IIB.II 24. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outstanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,134.50 plus costs and interest from September 19, 2000. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER ~ By: :142048 David J. Lanza Attorney 1.0. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff '8~,'~'~~'- ~ ". ....L...,.I 1,.,,- ! ~""'-"'" '.' ~...,.",:'"~'""""Z ' VERIFICA TION I, WILLIAM MONTGOMERY, 11/, Controller, of PFB MEMBERS SERVICE CORPORATION, verify that the statements made in this 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 g4904, relating to unsworn falsification to authorities. Date: 1- '3 -7.--00 I ~;t~ William Mont:l!;j, 11/ .1 "" .,l", J , " L, , ~~k",,- Pennsylvania Farmers' Association MEMBERS' SERVICE CORPORATION NSAFEMARK" THIS AGREEMENT. made this .., .,tJ ' 1971- . 01 3.S-"z. ~H; 12:{ C!. () ,,~. . County. Pennsylvania. Telephone w.€ g'1' -.,2~ J ( , iDeal","), and PFA MEMBERS' SERVICE CORP, (-Company")~ WITNESSETH: The Componv apporn(,. f)eoler .(0 ~ondle dr"rlbullon..of..upplie. for membe,..,l/.ih.e.eeon,vluon}aJ'armers Associorlon (PFAI. . ",. " e. ......._... 1. The Duler will prolect all supplies lIgainst damage or 1055 and wlU malnl.aln adequate Insurance coverage i!lgafnsl same. 2. The Oe.l.. ag"e. to accept ,h. Involeo ., ~ bill thai I. du....pon receipL Thirty (301 d.y, aft.r Invoice date the bill becomes p.s' due and no more shipments will be made. ..D.nd a ll(4 % per mon1h Infere!il charge will be made. 3, The Debll!:rwlll be- given a rO\lT perCI!t'!.1 (4%) discount for pick up at th", warqhQ1,Ise an tire'. lube.!: and b~tteri~5 only. providing a minimum 01500 lb.. Is me!. 4. The Dealer agrees lo sell mQrc.handlse on a cash basl!i 10 Farmen' AssoclaUon ml!mbel's 50 IdenUrred by l.l cUlTenl membership card.. Each .a~ shall be evidenced by a sales Tee"pl signed by Ihe Purchaser. Copl.. 01 sale. slips wfll be avall.bl.,o Covnly Salemark Comm~te... 5. The Coinpany wUl furnish .U necessa~ fonns lor the ordedy handling 01 Ih. .upplie. .nd'wfll give len (10) days' written nOISCe 01 pric. chang... 6'. The O..ler \AllII make all nec....r9. adju.tmenlS w~h cuslomers for d.leetive or damaged Items according to our .djustmen, schedule. The Company agrees 10 give deal.., appropri.te ered!.t fOr .dJu".d I'ems. ..... 7. Thl. Agreement shan reinaln In lulllorc. and .Ife<l vnUlthe "plrallon 01 thtrly (30) day<' \lItllten notice of In'.ntlon to cancel has b.en given by either party to Ihe oth... Cancell.tlon .h.1l not arr.ct any liability Incvned by. .lIhe, p.rty to ,he other priorto th. dat. or cancella. tion. Upon termination, .n Inventory 01 .upplles In (Irlt cia.. r....labl. condlllon and on curr.nt Do.ler ptle. .he.ta In .lfecl .t th. time 01 termlnaHon (banerle. mu.t b. les. th.n 18 month. old) In the po.....,on 01 the n.aler will be repurchased nom lhe Dealer by ,he Company at ,h. curr.nt ne.ler Cost, Ie.. t.n percent (10%1 handling charge. 8. This Agra4men1 shall be binding upon the heIrs, pt?rlonal fllpre5E!ntati.ves, successors and C\ssign$ of the partles. 9. This Agreemen.t Includes all the terms of the: conlracr between the opartlt!:s. No oral ~epre5entatlQn5 Or undertakIngs lit varil.lnce with the torms hereohhall be binding upon elth., party. IN WTrNESS WHEREOF. the corporal. party or p.rll.. h.reto have caused Ihis Agr.eme.nlto be ..eouted in lTIPlicot~'ir duly authorized otllc." and the ..al, .rli/<. and the individual parlles have .Hi.ed their hands and $e.ls on thl. ~ <:{" 19!17- . day or DEALER .5, Q" l.. ~.'" r ~ .J S~" '.1- h ~ r. \ " j I By K. A. Lt\l,.,e.~'rd.:p 1$- 107. :J.7- '1 SALES TAX EXEMPTION NUMBER PFA MEMBERS' SERVICE CORPORATION By ~",$ 8$ COUNT'! The (', h 4t..~ -~ P ~ County Formers' Association Boord of Directors met .on ond opproued thrs Agreement belWeen the PFA Members' Serurce Corp and oboue Deater. l' /",()~;r / ~ ATE f:.A Presldenl By SA.l10.03/01l87,X -~"""--"~"~,,,,,~ ~. ...,LI , ~ I I ~ ,,~>ilbl "--.J""",),..J"",,,-,~ " -,"~ . , . SAFEM . A Members' SeMce of The Pennsylvania Fan'l1 Bureau P.O. Box 8736, Camp HiD, PA 17001-8736 (717) 761-2740 Ship To S. G, LEWIS & SON 352 N JENNERSVILLE ROAD WEST GROVE PA 19390 INVOICE 90097700 10/02198 TERMS NET'.30 DAYS 1.5% per month. SeMce CIllII1ID Qn Account<>. over 30 daya. (ANNUAL PERCEKTA6E RATE OF 18%). SOla To S. G. LEWIS & SON 352 N JENNERSVILLE ROAD WEST GROVE PA 19390 336 r. A~;,* 336 009120 'SM 4000/350 WIR~ REP~CEMENT P?/~1 o ~ j, 1 336 UNITS SBIl'PED ORDER FARM TIRES ON SPAINC3 DATING NO PAYMENTS TILL APRIL 1999. PRICE PROTECTED. PRICE INCREASE JAN. 1999. l I~} 09128/98 DlIle Order A~ JAY # Safemark Express II! 19.00 6384.00 - - - - - - - - - Please Return L wer P rtion With Pa ent. - - - SAFEMARK Fro'" S. G. LEWIS & SON 352 N J~N~SVILLE ROAD WEST GROvE PA 19390 TO PFB Members' Service Corporation SAFEMARK Division P.O. Box 8736 camp Hill, PA 17001-8736 .opyrtgM (Cll9tl2: PF6 Members' Serv1C1!1 CorporallOfti PO eO:< ~736: camp Hill PA 17001~~7~6 INVOICE 90097700 10/02/98 6384.00 ~-~# - , ,..,.,,'....~".._.,-,'~-~,.,,~".. Form: SFMfN\lll2M4 ,-~_.. " ~ ~~ ....J......,jl ..l ""'- '. " . ~, 1"".~L<t-i.1~.L,...,,,,,, CERTlFICA TE OF SERVICE AND NOW, this 1-J day of January 2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing COMPLAINT upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 ::HNSOLIl STEWART & WEIDNER David J. Lanza !I!Il__I~I!iIi!,mll!i~~~i'\,*W$,~4;l~i~:I~~~--MfE\<ml~"""!~:;;<i,,[,"_" ,<.,-"",;"",;o;,ji,"'i'"~dci~,,,,"IO;:Iil;:.J "^ ,.' en Di;IL."I?'~ ~ 1~,;r~~liiilti~WliLd:L.lIilli!!lit' ""'_ r',"~'~",~^",,_,,_, ,", f'!', .' ;:" .- r'- -..-;, ~~::' (""' ,!;;<- :P: ;~~ z: :;! ,~,,_ .,_, ",",e"",,'~~""';__~'''''-Y'''~< '. , ,..-e. ,__c.- ,~),'_'" _^ " ". ,,~,~, ~"~"~" ~"-- >,'" ~'^" '-"-'"'''' - ~, " ~ !Ii[~i " ('...., , ,.. . N :.., <.n .'j :) ;~~;n .J-"" :Xl .-< c el I > ,I, ,',,",'0 ',- ~'L. , '>--,'~i';";("i',.~"',,,_ ,>j;. ,",., -~;" ',--- c '"",- Ie '~i PFB MEMBERS' SERVICE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 8345 CIVIL TERM S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and t/d1b/a S. G. I,EWIS & SON, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , upon consideration of Defendants Preliminary Objection by way of demurrer to Plaintiffs Complaint, it is hereby ORDERED that said objection is sustained and all counts in Plaintiffs Complaint as to Defendant Jay Dudkewicz, individually and Vd/b/a S. G. Lewis & Son, are dismissed with prejudice. BY THE COURT, J. '" ,......., <"."'~ ,-'~ -,- """-"",,,,,,- "~~,'",'~ '.." ,'. H' ';'_'_o;:.'b" PFB MEMBERS' SERVICE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 8345 CIVIL TERM S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and t/dIb/a S. G. LEWIS & SON, Defendants CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW this 15th day of February, 2001, comes Defendants, S. G. LEWIS & SON, INC. and JAY DUDKEWICZ, by and through their attorneys, Irwin, McKnight & Hughes, and make the following Preliminary Objections to Plaintiffs Complaint, and in support thereof avers the following: I. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R. Civ. P. 1028(a)(4). 1. Plaintiff, PFB Members' Service Corporation, initially filed a civil complaint on or about January 3, 2001 against Defendants S. G. Lewis & Son, Inc. and Jay Dudkewicz, individually and t1d/b/a S. G. Lewis & Son., that in summary alleges breach of contract for failure to pay for goods and merchandise provided by Plaintiff. _," "~I'O""~~=,'J"',';%", '--,'''_ ~,,"--,""'~~,"'~"''''-''''').'' ""-.'.',.:_,,,,_.. ' ~<, ,,-,,?,""'-',';,,- 2. The dealer agreement attached to Plaintiffs Complaint as Exhibit "A," IS a purported contract only between Plaintiff and Defendant S. G. Lewis & Son, Inc. 3. Plaintiffs invoice attached to its Complaint as Exhibit "B," also indicates that the goods and merchandise were shipped to and sold to Defendant S. G. Lewis & Son, Inc. 4. Defendant S. G. Lewis & Son, Inc. is a valid Pennsylvania corporation doing business in the Commonwealth. 5. Plaintiff makes no allegation in its Complaint that Defendant Jay Dudkewicz personally obligated himself for the debt of the corporation or otherwise guaranteed to pay said debt to Plaintiff. 6. Defendant Jay Dudkewicz preliminarily objects to Plaintiffs Complaint on the grounds that it improperly states a claim against him individually and improperly states a claim against him trading and doing business as S. G. Lewis & Son. 7. Pennsylvania law is clear that an individual defendant is not personally liable for the debts of a corporation. See Electron Enerl!V Corp. v. Short, 408 Pa. Super. 563, 597 A.2d 175 (1991). WHEREFORE, Defendants S. G. Lewis & Son, Inc. and Jay Dudkewicz respectfully request this Honorable Court to grant their Preliminary Objection in the nature of a demurrer and "~'" .' "--~ .'----, ',,, -..".'H""'..~~,- '-'''",,-' "'~ -O','cW';'",-' -.~", ,,'__~, i' dismiss the claims in Plaintiff's Complaint as to Defendant Jay Dudkewicz, individually and t1d/b/a S. G. Lewis & Son, for failure to state causes of action upon which relief may be granted. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Dated: February 15,2001 DougIa G. Miller, Esquire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants ~, ,~ > ~- . w." __~'"" , ~" "..',~" ' ,) -'j' CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certifY that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Peunsylvania 17013, on the date set forth below: David J. Lanza, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, P A 17043-0109 Date: February 15,2001 IRWIN, McKNIGHT & HUGHES ~ Xf./UiIL Dougla . Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Peunsylvania 17013-3222 (717) 249-2353 Attorney for Defendants iIilIiILilli:. "- ,,'l.d';'c<i1_~~iIi:'~'"'" "'~l~("r'~'"~~~~t_*J" -~. , ,~,~, T'~""'><'~' '^" ~ ~_ " ~ "'''!llltl!:'' IiIIi ','- -, ~ "~.. " . ~,~ - () 5:-= -cJt-'A LpU,i ~r~: -' !== -.;:;- f~IS' -, E, ~ -< :.'1 '.J -I I, C) o -n ..." j-'"1 W c, :-:r:? . , ..~...; ..... , . =", '~~~.. < '~,. '''. ,,~< -~"<!.~~...;~,.~" '&'~~I , "~ Johnson, Duffie, Stewart & Weidner By: David J. Lanza J.D. No. 55892 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and tld/b/a S.G. LEWIS & SON, Defendants 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 A venue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 ^ - -, - ,,~" -',~" "'~'';'"h'"'-'n--_''~' '.""'<'"'"_""",L:;t;o~<__-~'__;," _;J,'c~, j;-""oc, "'". Johnson, Duffie, Stewart & Weidner By: David J. Lanza J.D. No. 55892 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and tld/b/a S.G. LEWIS & SON, Defendants AMENDED COMPLAINT AS TO JA Y DUDKEWICZ ONL Y AND NOIN, this f...'2. day of February 2001, comes the Plaintiff, PFB MEMBERS SERVICE CORPORA TION, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. The Plaintiff, PFB MEMBERS' SERVICE CORPORATION (formerly PFA Members' Service Corporation), is a Pennsylvania Corporation with an address at P.O. Box 8736, Camp Hill, Pennsylvania 17001. 2. The Defendant, JA Y DUDKEWICZ, is an adult individual with an address at 352 N. Jennerville Road, West Grove, Pennsylvania 19390. 3. The Defendant, S.G. LEWIS AND SON, INC., is a business entity of undetermined nature having an address at 352 N. Jennerville Road, West Grove, Pennsylvania 19390. I ,~_'-'__ ..... .' "~'_~' ,"', '.,',,"'" ',_'j;.',-".c;",..__C'"". ,,-,,,,,-,__,,_"_~,,.,,___, ""~, t COUNT 1- Breach of Contract 4. Plaintiff incorporates the averments of paragraphs 1 through 3 as if fully set forth herein. 5. On April 28, 1987, Plaintiff and Defendant S.G. Lewis & Son, Inc., entered into a dealer agreement whereby Plaintiff agreed to provide, and Defendant agreed to pay for, supplies and merchandise. A true and correct copy of the contract is attached hereto as Exhibit "A." 6. Plaintiff has performed all of its duties under the aforesaid contract. 7. Defendanl is in breach of the aforesaid Agreement in that Defendant has failed and refused to pay for materials having a value of $4,791.90. True and correct copies of Plaintiff's invoices are attached hereto as Exhibit "B." 8. Payment was required to be made at Plaintiff's offices in Cumberland County, Pennsylvania. 9. Upon information and belief, Defendant Jay Dudkewicz remains the sole shareholder of S.G. Lewis & Son, Inc. 10. Defendant Jay Dudkewicz has not followed the required corporate formalities. 11. The owners and officers of S.G. Lewis & Son, Inc., failed to inform Plaintiff that the corporation is insolvent and could not meet its current obligations. 12. Defendant Jay Dudkewicz benefited from Dudkewicz' failure to inform Plaintiff of the corporation's insolvency. 13. By virtue of the conduct of Dudkewicz in accepting goods and services from Plaintiff without informing Plaintiff of the corporation's true financial status, Dudkewicz has assumed all liabilities of the corporation to Plaintiff. 14. Defendant is required, pursuant to paragraph 2 of the Agreement, to pay interest at the rate of 1.25% per month on all unpaid amounts. < "~~' " 'I '" '. " .~",~,~" <~ ""~,,-u,,;"v' ,,,,,,, ;"~",u~~; ,0,,_""'''' 0" ~, ,,--.., %""'_' ';"1 '~" ,;',: 15. Plaintiff has been forced to incur filing fees in the amount of $103.00 before the District Justice for the purpose of obtaining a judgment against Defendants. 16. Plaintiff is entitled to judgment in the amount of $5,134.50 as a result of Defendant's breach, calculated as follows: Principal balance: Interest at 1.25% per month from 9/19/00 through 1/19/01: District Justice filing fee: $4,791.90 $ 239.60 $ 103.00 TOTAL: $5.134.50 17. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outstanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants in the amount of $5,134.50, plus costs and interest from September 19, 2000. COUNT /I-In Quantum Meruit 18. Plaintiff incorporates the averments of paragraphs 1 through 12 as if fully set forth herein. 19. Plaintiff delivered supplies and materials to Defendants pursuant to Defendants' requests. 20. Plaintiff conferred a material benefit upon Defendants upon the promise of Defendants to pay the value of Plaintiff's goods. 21. Defendants requested all items delivered by Plaintiff. 22. Plaintiff expected remuneration from Defendants at the time of the performance. 23. Defendants were aware that Plaintiff expected payment for Plaintiff's services. --, -'---.._" - ~.-" ""-",,';.<' '-'""" <..., ,. ,~,' <,>","~'.g;~,'",,~"', "~;"'"',.,.' ',/__ c_ I ,~" ':.~ 24. Despite demand by Plaintiff for payment for Plaintiff's services, payment has not been received. 25. The value of the aforesaid services (less payments made) equals $4,791.90 (plus costs and interest) as set forth on Plaintiff's invoices. 26. Defendant Dudkewicz has benefited personally from the services and goods of Plaintiff by virtue of Dudkewicz' status as the remaining shareholder of the corporation. 27. Defendant Dudkewicz has been unjustly enriched by virtue of the provision of goods and services by Plaintiff as specified herein. 28. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect to pay the outstanding balance or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,134.50 plus costs and interest from September 19, 2000. COUNT 11I- Book Account 29. Plaintiff incorporates the averments of paragraphs 1 through 21 as if fully set forth herein. 30. Defendants owe Plaintiff the amount of $4,791.90 for goods provided (plus interest and costs) in accordance with a book account, a true and correct copy of which is attached hereto as Exhibits "A" through "8," 31. Plaintiff has made demand upon Defendants, but Defendants have refused and neglected and continue to refuse and neglect 10 pay the outstanding balance or any part thereof. ~'----- ,~,'~'~ ~I~" '^h'''w'._,_r.~_.' - ,,,r. ~ ,j ,"~ ';_r._"''''-_' j< ,,,,,,,~,- 'i"Oj;;"0S'.W""",'",,~(~h"> : ":;"," 0.-', WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $5,134.50 plus costs and interest from September 19, 2000. Respectfully submitted, :143715 ::HNS,:/llfONART & WEIDNER {)avid J. Lanza Attorney 1.0. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff ,~. " q " "~, ''-,"'',"',','"" 1M '~~--"" ,,,",,",'r,'-,J;"'''~'.''-' --"~""~",,,,,,,, ~ :;i;"_'" ' J 1iIfS" VERIFICA TION I, WILLIAM MONTGOMERY, III, Controller, of PFB MEMBERS SERVICE CORPORATION, verify that the statements made in this 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: ?'-"LI- 2-00 I w~ '"" - =,,0." -.~"",'~' ",~ ~ =,'-'-'M",""~""""=~'~''''"''''~~'"'~''''~'~''4'''d=ij/'~'(,^,""'-" ,I~, "'" CERTlFICA TE OF SERVICE AND NOIN, this .-z1. J day of February 2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing AMENDED COMPLAINT upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 JOHNSON, DUFFIE, STEWART & WEIDNER ,fl/{ David J. Lanza By: ,,"-,'J ~"';Ji!;;;;.. "::<', Pennsylvania Farmers' Association MEMBERS' SERVICE CORPORATION NSAFEMARK" ~, .t~ . 19 'if~ , of 3.5'-Z' . ~H: /lei... C!.. f) "A . County, P.nnsylvanla, THIS AGREEMENT, made this T.I.phone !ii€ gif!t - .:2~ ~'f" , iDeal.,,-"}, .nd PFA MEMBERS' SERVICE CORP, ("Company")~ WITNESSETH: The Company appoInts. D.ealer Y> Qen"le dl"'lbuflon..!'l.,upplies far membe"_Q/.J.h.e. EennsyhiPn.la. Formers' A.~'acleflan (Pf:AJ.. .... . ...,. ., . .' .. .......-,.. 1. The O.al.r will protect ell supplies egainst damage 0' loss and will maln,aln i><lequ.ate Insur.nc. coverage ag.lnsl sem.. 2. Th. D..ler ogre.s '0 acc.PI ,h. Invoic. a, a billlhatls due,<<pon ,eceipl. Thirty (301 days after Invok. dare the bill becomes paS! due and no mar. ,hlpm.n's will b. made. .nd. 1'(. % per month In'....' ch.rge will be made_ 3, The De61~rwtll bt' given a (our percent (4%) dlscounl fQr pick up at the warehouse on tire~. tube-$ and batte:rie:s only. providing a minimum of 500 lb., Is met. 4. The [)e,,'er agrees 10 5Bl! mQrc.handlse on a CA$h bMI5 to Farmers' AssoclaUon me-robins 50 Identified by 181 current membership c3td. EGcn 'al~ .hall bt evidenced by a .ales ,"..ipl slgn.d by the Purchaser. Caple. of ,.I~. ,lips will be .v.iI.ble to County Sa/em.rk Commin.... 5. The Company wUl furnish aU nllCIlSSilTjl fon'n' lor the orderly h.ndling 01 ,h. ,upplle..nd'will give t.n (10) d.y" wrltt.n nOUce of price changes. 6'. Th. Oe.l.r will make .11 necess.r9. .dJustments with cUSlomers for defecti.. or damaged items according to our .djustment ,chedul.. The Company agrees to give de.lers apprapri.t. cr.dil for adJusled l'~ms, . . ........... ... .. 7. This Agr..ment ,h.II remofn In full. force .nd effecl unut the .xplrallon of thirty (30) days' \lIrltlen nollee ollntenllon '0 cancel has been given by either party to the other, Canceltatlon shalt no' affecl .ny liability Incurred byellhe, p.rtylo ,he other prior 10 the d.te of cancella- tion. Upon termln.tlon, .lIlnventery of supplies In flrot cia.. r.-I.labl. condition and on current O..ler pr\(:e sh.ets In effect at the time of t.rmlnaHen (banerles must b. Ie.. th.n 18 mon'lu oldlln the po....slon of the D..ler will be ,epurch.s.d from Ihe De.ler by lhe Company .t the current Oe.l.r cost, le$& ten p.rcent (10%1 h.ndling ChOlil". 8. This Agradm~nt shall be binding upon the helts, personal rQpresentatlVli!5, $Uec-assors and Ctsstgns of the partles. 9, This Agreem.nt Includ.s .11 the terms of Ihe conlract betw.en the p.rties. No or.1 representatlans or undertaking, .t vorienc. with the t.rm' he,eohh.II be binding upon ellhel pany. IN WrrNESS WHEREOF. the corpor.'e party or parlle! hereto h.v. c.us.d Ihis Agreeme.n'lo b. ...cuted in trIPIlC.t~h'ir duly 'Ulhorlz.d office" .nd the seal, alO1<. .nd Ihe Individual parli., have affix.d theIr hands and se.ls on this ~ "l" d.y 01 'lg.2:.7- . .. PFA MEMBERS' SEF'lVICE CORPORATION DEALER .5, C., By OK. II, J.. <?...., r ~ -I So,..,. ''!_n ~ 1..,\ (' .1e s ~J.:.->. 105-/67. :"7- '1 SALES TAX EXEMPTION NUMBER By ~,"~{j$ COUNTY The <:'. h ""'.<\ -~ P R County Farmers' Association 800rd of Directors met .on ond opprou.d this Agreement betwe.n th. PFA Members' Serufee Corp and aboue Deal.r. 1'~()J;r / /' ATE eA Presidenl By S~_110.03101la7-X ~- . , ~=- ~ ~ ,J. "",-,;,,,,' SAFEM A Members' SeMce of The Pennsylvania Farln Bureau P.O. Box 8736, Camp HiA, PA 17001-8736 (717) 761-2740 ~ INVOICE Ship To S. G. LEWIS & SON 352 N JENNERSVILLE ROAD WEST GROVE PA 19390 l'ERMS NET;30 DAYS 1.5% per month. SeMcll ~ on ACCO\Jnl$. OVErr 30 da.y&. (ANNUAL PERCENTAGE RATE OF 18%). 90097700 10/02198 09l28/Q8 Dale Order A~ Sold To : S. G. LEWIS & SON 352 N JENNERSVILLE ROAD WEST GROVE PA 19390 ~- A~':l* JAY '" Safemark Ex res!! ~an1!ty OtlBnt!tv ltcrn tJmt Pnr-:.f" n(!.~-,.enptlon /l\mOtmt Defeo' Sf1~ppcct COde ,'~,:tc'" L~~, l ! ex, 336 336 009120 SM 4000/350 WIRE REPLAC~ 19.00 6384.00 ~~1 o ~). 1 1r)1 ( l 336 mr.rTS SBIl.'l'ED ORDER FARM TIRES ON SPRING DATING NO PAYMENTS Till APRIL 1999. PRICE PROTECTED. PRICE INCREASE JAN. 1999. - - - - - - - - - Please Return Lower rtion With l'a ent. - - - - - - - - - - - - - SAFEMARK INVOICE' 90097700 10/02198 From : s. G. LEWIS & SON 352 N J~~~SVILLE ROAD WEST GROVE PA 19390 6364.00 \ 525 --'~f> P.O. Box 8736 Camp Hill, FA 17001-8736 PFB Membe~s' Se~vice Corporation SAFEMARK Oivision To yrtgtlt Ie) [1m2: p~8 Member!:' ~rvIc-e. CarporalJ.on: PO aQ:t6736; CAm~ HllI PA 17001-8'1'36 _ ""~_.'~,~.,._, ".~.'''..c,.'''' ,.. Form: SFMtN"J D2J!)-4 iiitt[t"~~illlillli~~iilf~Illi~~~~ili;MiQ~';"k<"d1-i,,,,;.,,,,~:j,,,":,"',cli;l!-;lj,-i<i!;!t~illY~~;il;'lllitit/iIi~~ =.~ ,,~w ,. u -, , .~",', '''~,- ~'," " ~'N, ,', "= ""="'''''~'' ~o~, - -, I: ,I I, I:i II I 1'1 I ! , I : , I ':i ,I ;j i ,I (') C:'l c;:; -" 'C "--. -.::' , rn J '~< , C I..".J , ---< ~~ --n ; tt" C' t..-J '..' .~' r--- :::"~ g :7.J -, C:, -< v,~ ~__, .. , '. Johnson, Duffie, Stewart & Weidner By: David JZ Lanza LD. No. 55892 301 Market Street P. O. Box 109.. Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDK~WICZ, individually and lIdlbla S.G. LEWIS, /It.SON, . , " Defendants ,. PRAECIPE FOR DEFAUL T JUDGMENT TO THE PROTHONOTARY: Enter judgment by default in favor of the Plaintiff, and against the Defendant, S. G. LEWIS & SON, INC., and JA Y . " DUDKEWICZ, individually and t/d/b/a S. G. LEWIS & SON, in the amount of $5,134.50, plus interest and costs, 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. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendants, S.G. LEWIS & SON, IN(X and JA Y DUDKEWICZ, individually and t/d/b/a S.G. LEWIS & SON, clo Douglas G. Miller, Esquire, Irwin, I ' , . - McKnight & 'Hughes, 60 West Pomfret Street, Carlisle, PA 17013, on February 5, 2001; 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. Respectfully submitted, Dated: n2.('Slnl' ~' TEWART & WEIDNER By: :14352.1 David J. Lanza Attorney 1.0. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff = ~'^~-" - ~ '~ . ~'. - ,'. <,~ ,- - I. '"" ......,~ ~j_~;;i"' , Johnson, Duffie, Stewart & Weidner By: David J. Lanza I.D. No. 55892 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff ~((][Plr PFB MEMBERS' SERVICE CORPORATION, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and Vd/b/a S.G. LEWIS & SON, Defendants TO: S.G. LEWIS & SON, INC., and JA Y DUDKEWICZ c/o Douglas G. Mil/er, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, Pennsylvania 17013 DATE: February 5,2001 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 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 Respectfully submitted, By: David J. Lanza :142961 Sent VIA U.S. Cerlified Mail No. 7099 3400 0006 0353 7262 ,--- . -' ~~I~~~I :~ -',.,- '';0'''-;;. ^',~, '".- ,C J.. ~;~ "- IlJ ..D IlJ ?"- m LrJ m Cl Postage Certified Fee ...D Return R!celpt Fee C (Endorserpent Require?) o Restricte~ DelIVery fee C (Endorsemeft Required) , $1.50 $0.00 Cl Cl ~ ;;;r m -~~~:~~W~~:(~~----------------~------- IT' Str'e9t"Apt.No.;orPOBoxNo. -~- ,; ~'llO..~bt...B::s:nU.G...~,-u...l;;._....._._.m.m_m_:_C_ ,CJ!fo State, ZtP+4 ' I"- 'Lu,.-" S\e. '8\ "C:I;:::, . Total Postage ,& Fses $ $3. 7~ 'Q;nNQilil: " (jj D CompletEtitr;~ms 1 andfor 2 for additional services. =- Complete items 3, 4a, and 4b. L... D Print your namliil'and address on the reverse of this form so that we can return this ~ D :~:iijsUfo.;n to....t~e fi-oOt of the mail piece, or on the back if space does hot Ql permit. = 0 Write "Return Rscelpt Requested" on the mailplece below the article number. c D The Return Receipt will show to whom the article was delivered and the date o delive~~ w " 3. Articl"~ddressed to: .; '.;:$, ,- iiS.<:..I...'!iir~('i.'" ~ ::u-c....\... ~ ''}Q,*,rC:Ud'L~=- .:; Ql~~U'l,c..U\\\e.<" \ i::.~"c ~ ~'U;)ln:, llc::JLs'\\ct>"- .. \\U~'" is L>O~t. fu-n~e:.\:. '$:"ed... <I: Z c.a.t'\\'i>\e., ~ no\:, 0: i:! 5. Received By: (Print Name) w 0: I also wish to receive the follow- ing services (for an extra fee): 7. Date of Delivery ~. u. .~ m. en. ll.' 'il u ~ ." 'll.b2. -E i 0: .. c' ~I ~, .2! ~ . o .... Only if requested and ~: m .c ... -1. 0 Addressee's Address 2. D Restricted Delivery 4a. Article Number I~ <=''-\00 ~ 0-""'", 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise ~ertifie~ o Insured-, DCOD ~ o ... :.!!! 102595-99-B-0223 Domestic Return Receipt ~~iili'.fJltil Wd.-'~~~~' '.iI~~iill~~-iW!I~~Ji!lJ..;~~~~ t~ ~ (; l j ~ .--t Fl (-. <~ ~~~ ., ~ ~~ ~ ~ :-0 ~ Lv rlJ () '"""' 'f' ~ €v -...( ---- I ....... , - - ~ ~ ,~ , ~~---~,~,~? "'""',", .,,'-'" ~---, ~rt'.~. 0 (:::I (-=: ";~- -,., .. "1 ---, ) c ~8 .P >c en :'1 ~ I .. ~<: ~,' ~ ,~ . .. ,"", I,j i .. v :1 , , " ,:1 I'! Ii , l' 'I 1 " J , 1 I I I !I!I!!l! '. , . ,'- ""~ -~'"-"-,, ~",' ,_" '~'''''MI '""~,,,' M',,-- -""""~,,",,,,,, ,""'o"'''cl"''''__'-<''~HI'''""",--:.;",--"",,,,"i>l'',"-,to',.:~ . ...... ..- .~ Johnson, Duffie, Stewart & Weidner By: David J. Lanza LD. No. 55892 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000-8345 Civil v. CIVIL ACTION - LAW S.G. LEWIS & SON, INC., and JAY DUDKEWICZ, individually and tld/b/a S.G. LEWIS & SON, Defendants PLAINTIFF'S ANSWERS AND OBJECTIONS TO DEFENDANTS' PETITION TO STRIKE OFF DEFAUL T JUDQMENT AND NOIIY, this M- day of March 2001, comes the Plaintiff, PFB MEMBERS SERVICE CORPORA TION, by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files these answers and objections, and in support thereof avers as follows: PRELiMINARY STATEMENT Defendants never entered Preliminary Objections or any other defense on behalf of the Corporation, S.G. Lewis & Son, Inc. (See paragraph 6 of Preliminary Objections). While Plaintiff will stipulate to the striking of the default judgment against Jay Dudkewicz, there is no basis to strike the default judgment against the corporation, as the corporation has never purported to enter a defense or a preliminary objection. ANSWERS 1. Admitted in part, Denied in part. The Complaint speaks for itself. 2. Admitted. ~ ,,- --, _ . '-~ _vr~ =o_"~~'~=_'v"';~"..~. ,,,~,,. - :IE-' '" 3. Denied. Defendant S.G. Lewis & Son, Inc., never filed preliminary objections or any other defense. The preliminary objections were related solely to Jay Dudkewicz. 4. Admitted. 5. Admitted. 6. Denied. No preliminary objections were ever filed on behalf of S.G. Lewis & Son, Inc. 7. Denied. Plaintiff filed an Amended Complaint only as to the individual Jay Dudkewicz. The default judgment against S.G. Lewis & Son, Inc., is valid. 8. Denied. Plaintiff's Praecipe for Entry of Default Judgment was filed prior to any defense entered on behalf of S.G. Lewis & Son, Inc. For this reason, the aforesaid default judgment remains valid as to the corporation. Plaintiff will stipulate as to the removal of the default judgment against Jay Dudkewicz. 9. Denied. Plaintiff's Praecipe for Entry of Default Judgment was filed prior to any defense entered on behalf of S.G. Lewis & Son, Inc. For this reason, the aforesaid default judgment remains valid as to the corporation. Plaintiff will stipulate as to the removal of the default judgment against Jay Dudkewicz. WHEREFORE, Plaintiff respectfully requests that Defendants' Petition be denied as to S.G. Lewis & Son, Inc., and that no anSWer or defense be allowed as to S.G. Lewis & Son, Inc. Respectfully submitted, :143978 JOHNSONjJDUFFI( STEWART & WEIDNER By: fL. David J. Lanza Attorney 1.0. No. 55782 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff ": -~~............. ,'=_< "~, 'T_"_'~_ """'" '. '- -_''''~_ ''''''''' '"= ""..''''-''-0'0''' ''''',_''l~_~~i,~_'_I,'-ol__',''"<Xc, - "'''''~'~' CERTlFICA TE OF SERVICE AND NOW, this 2nd day of March 2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing ANSWERS AND OBJECTIONS upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Douglas G. Miller, Esquire IRWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013-3222 JOHNSON, DUFFIE, STEWART & WEIONER tllL David J. Lanza By: ~~.~__~lkI<,~;Wb!~1iIJ!.,~~llii;;j@'mM<li8~I~l'r:""'" - ""'~- ~;"::l!tU!J,),,J :;<:,)J;;;'j~J~;,,~~I')I!~~~,l ~J\!_~~Ll '" ,._~fA__" '."",4. ",~" ";"!;-,-"jt_,~'2,,.~,~,;,:ql"'1',, ,"i"<'< ii1-~'~' ,;;""'~.......'';;'_k ...... ~"<~~."._~-",.~,_._~,'-" -~~""'-"""'''''''' ~-,~-p".~-~ o s~ -o~.:t ~.f:-l (ji ,:' ..< ,'- C\..: ]Y-'''' :c: ~.! ~~. ~ ~~ C) ~ ~. ~ :'::::J r....) .' ---;-" ~- ... ~ (~-, ;~n -,'.J : (.--~ :,1" ~9 .~ -l~'" '::1.1 -'- - ...J - ~~'..,~ - ~ ~-,,~, .,< ~. ~r_ ~_ .~~,~"'." <"""'__'''~; ~/ '<" ""<' ,',.' _"'-_';.',;;: PFB MEMBERS' SERVICE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 8345 CML TERM S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and tld/b/a S. G. LEWIS & SON, Defendants CIVIL ACTION - LAW DEFENDANTS' ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW this 30th day of April, 2001, come the Defendants, S. G. LEWIS & SON, INC. and JAY DUDKEWlCZ, Individually and tld!b/a S.G. Lewis & Son, by and through their attorneys, Irwin, McKnight & Hughes, and respectfully file this Answer to the Plaintiffs Amended Complaint, and in support thereof aver as follows: 1. The averments of fact contained in paragraph one (I) of the Amended Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Amended Complaint are admitted. 3. The averments of fact contained in paragraph three (3) of the Amended Complaint are admitted in part and denied in part. It is admitted that Defendant S.G. Lewis & Son, Inc, has an address of 352 North Jennerville Road, West Grove, Pennsylvania 19390. The remaining averments are specifically denied and strict proof thereof is demanded at trial. Count I 4. The averments of fact contained in the Defendants' Answers above are hereby incorporated by reference as if fully set forth below. 5. The agreement referenced by Plaintiff in paragraph five (5) speaks for itself and therefore no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 6. The averments contained in paragraph six (6) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 7. The averments contained in paragraph seven (7) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 8. The averments of fact contained in paragraph eight (8) are specifically denied and strict proof thereof is demanded at trial. 9. The averments of fact contained in paragraph nine (9) are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendant Jay Dudkewicz is not the sole shareholder of S.G. Lewis & Son, Inc. 10. The averments contained in paragraph ten (10) are conclusions oflaw to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 11. The averments contained in paragraph eleven (11) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, the corporation is not insolvent and is in the process of repaying all legitimate debts. 12. The averments contained in paragraph twelve (12) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 13. The averments contained in paragraph thirteen (13) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 14, The agreement referenced by Plaintiff in paragraph fourteen (14) speaks for itself and therefore no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 15. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph fifteen (15) so they are therefore specifically denied and strict proof thereof is demanded at trial. ^'~ ,= ~.,~ ~ , ='''~~" ',- , -, .'" - ~ ;'~ L ~_ ~ fu" . - ._. ,,' "'0' ;:,i-/ - ;.{! 16. The averments contained in paragraph sixteen (16) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 17. The averments of fact contained in paragraph seventeen (17) are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants S,G, Lewis & Son, Inc., and Jay Dudkewicz, individually and t/dJb/a S.G. Lewis & Son, respectfully request this Honorable Court to enter a judgment in their favor and against Plaintiff in this matter, PFB Members' Service Corporation, together with Count II II " Ii " I! II !i !i !: Ii I] reasonable costs. 18. The averments of fact contained in the Defendants' Answers above are hereby incorporated by reference as if fully set forth below. 19. The averments off act contained in paragraph nineteen (19) are specifically denied and strict proof thereof is demanded at trial. 20, The averments contained in paragraph twenty (20) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. - olii.~ 21. The averments of fact contained in paragraph twenty-one (21) are specifically denied and strict proof thereof is demanded at trial. 22. After reasonable investigation, the Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments of fact contained in paragraph twenty-two (22) so they are therefore specifically denied and strict proof thereof is demanded at trial. 23. The averments of fact contained in paragraph twenty-three (23) are specifically denied and strict proof thereof is demanded at trial. 24. The averments of fact contained in paragraph twenty-four (24) of the Amended Complaint are admitted. 25. The averments of fact contained in paragraph twenty-five (25) are specifically denied and strict proof thereof is demanded at trial. 26. The averments contained in paragraph twenty-six (26) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 27. The averments contained in paragraph twenty-seven (27) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. ---"'''~,--~^ ,- - ~~".~'- '~~~ - -'--'~,o'=~'"r"~~"'=''''~''~'-I~'''''''-'''"''''"' ,-<-,,;:" ".,-,;- - '.oJ: -_ ,'~ " '", 28. The averments of fact contained in paragraph twenty-eight (28) are specifically denied and strict proof thereof is demanded at triaL WHEREFORE, Defendants S.G. Lewis & Son, Inc" and Jay Dudkewicz, individually and tJd/b/a S,G. Lewis & Son, respectfully request this Honorable Court to enter a judgment in their favor ane! against Plaintiff in this matter, PFB Members' Service Corporation, together with reasonable costs. CountllI :~ Ii :1 II II " ri h 1:1 " il i~ II :1 iJ " 'i :~ D I" 29. The averments of fact contained in the Defendants' Answers above are hereby incorporated by reference as if fully set forth below, 30. The averments of fact contained in paragraph thirty (30) are specifically e!enied and strict proof thereof is demanded at trial. 31. The averments of fact contained in paragraph thirty-one (31) are specifically denied and strict proof thereof is demanded at triaL WHEREFORE, Defendants S.G. Lewis & Son, Inc., and Jay Dudkewicz, individually and tJd/b/a S.G. Lewis & Son, respectfully request this Honorable Court to enter a judgment in - , -~",..~ ',C"'>"O--' ~j ,,-_," ~< .,,,,,,,,,,, k-' ," ,_, their favor and against Plaintiff in this matter, PFB Members' Service Corporation, together with reasonable costs. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Douglas Supreme our! ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Dated: April 30, 2001 , - - - "~,.- -", ,~,,"' ,'" ".,~, "'~'" ""~ ','<' "< ';c - " ~"J - ~"j;,i: VERIFICATION The foregoing Answer on behalf of the Defendants, S.O. Lewis & Son, Inc" and Jay Dudkewicz, individually and tlclb/a S.O. Lewis & Son, is based upon information which has been gathered by counsel for the Defendants in the preparation of this Answer. The statements made in this Answer are true and correct to the best of the counsel's knowledge, information and belief. The Defendants' verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendants according to 42 Pa.C.S.A. S 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities, ~t'.~ Doug s G. Miller, squire II II !I :1 Ii i_I 1'/ i;i i: 'I [I , i1 U " 'I !I I J 1 ,I I I I I I :1 ~ Date: April 30, 2001 ". ~~ '~..~c.'''';'-hi.' " ". CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: David J. Lanza, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne,PJ\ 17043-0109 Date: May 1, 2001 IRWIN, McKNIGHT & HUGHES Douglas . Miller, Esquire Supreme Court ill # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 J\ttomey for Defendants --,: ~ "~'~ ~ ^'I.!..';'''IiiM__jj~'''~~-;;.....I '_~IiiIi~ill!!i~1~'~' '.-' .-"".z-"',..=".,.-....'"'.""...1JiHthur e, ."~'" ~, ~ -"1 Cl 0 "f1 o C' "TJ t~ l11r-'-, ~!~::", "~Z' ~C5 p, ~8 c:: z -} -<; C) o -q :~'J ::J!: ::;;::" ~'.,c , -c, '.~ """ ::r ~ ':.0 .s:- -:~:L2j C.':,.L. ---f ~ ~5,;~ c;;Jn 50! :0 -< 1.11I ~._,~__"'~~, .~, ~"~ "",0> _,~ -~"'~" ~ -==>"""'~ . L I ,,,~. r ~~".I,; \ \ JOHNSON, DUFFIE, STEWART & WEIDNER By: David J. Lanza Attorney LD. No. 55892 30 I Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 PHONE: (717) 761-4540 Attorney for Plaintiff PFB MEMBERS' SERVICE CORPORATION, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PA -vs- No. 2000-8345 Civil S.O. LEWIS & SON, INC. and JAY DUDKEWITZ, individually and tJd/b/a S.O. LEWIS & SON, Defendant CIVIL ACTION - LAW ORDER TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-referenced matter "Settled, Discontinued and Ended" with prejudice, upon payment ofyoUf costs. JOHNSON, DUFFIE, STEWART & WEIDNER BY: t-f- DAVID J. LANZA Attorney for Plaintiff BY, dants _'_'..~vr_,~"-,,,_, ",:iI-.t'?b"t.j:>:I~~~~~~'_'~'''"''-"l''''''~__i\!r~l - '~ - _, f_ ~~ 1 . 0 0 \~ C <;"J ;s:: c..... "-'--j -ace c: i~i~l ,J; mrT' ;;;.:; Z:r:1 N .~~ z!;., ~,~2 '-'1 ~c C1 ,~y~ ..... ~c :It ~a 0 ':2 '~:.:;m c: ::::; ~ 0 :> O'!> ::!i! ~,rf!.,r,l'_,,<.J'",,'_h""-'~I~~~"I.C_h"__ -'J- '~.-m'. ^'__ .' ,,~, ..",.^.,m):'~,,_,! """""''-'',", ". .~ '^ ,,~ .' ~'-'" - _ '-. .- = ..- ,n"'d"'>! - <, ~ ", '''''''...''', ;;"~'~"'-~'" ",-,">C,', "__'_ ,,,",,,:\,,. "".,-;,' ",,--",'~c,;J,\ "<',- I' _,__ PFB MEMBERS' SERVICE CORPORATION, Plaintiff FIB 2 7 2aa~ IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 8345 CIVIL TERM S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and tJd/b/a S. G. LEWIS & SON, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , 2001, upon consideration of Defendants' Petition to Strike Off Default Judgment for reasons appearing on the record, it is hereby ORDERED that the default judgment entered against Defendants on February 16, 2001, be struck off and that Defendants be permitted to pursue their defense of this action. BY THE COURT, J. ,., ~,~!? ,~~__ 'Y' ~'., ~T_ "j i'f'n " I d ':"'1" -"l.'l. ~~! " , , ""), ')r) ~ 1 (.. I',';" CUMS~i"'U(!li)~) COUj\rrv PENNSYLvr'J\]V\ .-..'~, '"~~,,>>'~" ,~~~~~~~ ,~J.~~'-':-'-"'~"'lF~'}" -~.~,y~,-"~,,,J[ PFB MEMBERS' SERVICE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 8345 CIVIL TERM S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and tJd/b/a S. G. LEWIS & SON, Defendants CIVIL ACTION - LAW DEFENDANTS' PETITION TO STRIKE OFF DEFAULT JUDGMENT AND NOW this 26th day of February, 2001, comes Defendants, S. O. LEWIS & SON, INC, and JAY DUDKEWICZ, Individually and Vd/b/a S.O. Lewis & Son, by and through their attorneys, Irwin, McKnight & Hughes, and respectfully petition this Court to strike off the default judgment entered against Defendants on February 16, 2001, and in support thereof aver as follows: 1. Plaintiff commenced this action against Defendants on or about January 3, 2001 by Complaint that in summary alleges breach of contract for failure to pay for goods and merchandise provided by Plaintiff. 2. On or about February 5, 2001, Plaintiff mailed a Ten Day Notice to the undersigned counsel for Defendants in accordance with Pa. R. Civ. P. No. 237.1. 3. On February 15, 2001, Defendants timely filed Preliminary Objections to Plaintiffs Complaint, a time-stamped copy of which is attached hereto and marked as Exhibit "A." 4. On the following day, February 16, 2001, Plaintiff filed a Praecipe for Default Judgment with the Prothonotary. 5. On or about February 17, 2001, Defendants' undersigned counsel received notice pursuant to Pa. R. Civ. P. No. 236 of the entry of default judgment against them on February 16, 2001, a copy of which is attached as Exhibit "B." 6. Defendants' Preliminary Objections were timely filed and were filed with the Prothonotary prior to the Praecipe for Default Judgment filed by Plaintiff, 7, Apparently in realization of the its failure to properly obtain a default judgment in this matter, Plaintiff has now filed an Amended Complaint in response to the Preliminary Objections filed by Defendants. 8. Based on the above, it clearly appears from the record that Plaintiffs Praecipe for the Entry of Default Judgment was filed after the Defendants' Preliminary Objections and was therefore not entered in confonnity with the requirements ofPa. R. Civ, p, No. 237.1. 9, Accordingly, the default judgment against Defendants was entered improperly and must be stricken from the record. WHEREFORE, Defendants S.O. Lewis & Son, Inc., and Jay Dudkewicz, individually and t/clb/a S,O. Lewis & Son, respectfully request that this Honorable Court strike off the default ~~" -- ,~, ~".b' __, ,.^'~_ ,n_, _' '~t"""'i>''*'"'' W " ~'"'"-- ',-,-~' ",' ',~__.:; ';.__, "="',,,, -, '-'~--.;,"<~""'" '__, '''-''~'b;':'''':rl;;';''> 1--"" judgment entered of record in the above captioned matter and allow Defendants to pursue their defense 0 f this action. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES BY:~'~ Dougla G. . er;Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Dated: February 26,2001 "1' I f~1kj0, PROTHONOTARY'S OFFICE Court House. Carlisle, PA 17013 In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following (~ (judgment) was entered against you in this office, Plaintiff PFB Members' Service Defendant S.G. fewi" I< Son, Tnc., and Co:r;poration .Ti'lY J)llokpwi "", inoiviolli'llly Date~ /(... ~~l# ^' +-/n/h/::I ~ ~ T,I::lwic::. f;, ~n 8345 ., ". i' ;.' -," j.,~, PFB MEMBERS' SERVICE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 8345 CIVIL TERM S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and t/d/b/a S. G. LEWIS & SON, Defendants CIVIL ACTION - LAW 0 c~. c: , s: ...,.., -1"~ ....- Glr{ c:J 2:;:) :;;-:::::c co i.:: c: , -< .~ .. r::: l; --r;:, ); C' Ci Z " C) , -c j> ~.) . c: ::i -7 -., -1 :n 5:J -<. .-- -< PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT AND NOW this 15th day of February, 2001, comes Defendants, S, G. LEWIS & SON, INC, and JAYDUDKEWICZ, by and through their attorneys, Irwin, McKnight & Hughes, and make the following Preliminary Objections to Plaintiffs Complaint, and in support thereof avers ,.the following: I. Preliminary Objection in the Nature ofa Demurrer Pursuant to Pa. R. Civ. P. 1028(a)(4). 1. Plaintiff, PFB Members' Service COl1'oration, initially filed a civil complaint on or about January 3, 2001 against Defendants S. G. Lewis & Son, Inc. and Jay Dudkewicz, individually and Vd/b/a S. G, Lewis & Son., that in summary alleges breach of contract for failure to pay for goods and merchandise provided by Plaintiff. 2. The dealer agreement attached to Plaintiffs Complaint as Exhibit "A," IS a purported contract only between Plaintiff and Defendant S. G. Lewis & Son, Inc. 3. Plaintiffs invoice attached to its Complaint as Exhibit "B," also indicates that the goods and merchandise were shipped to and sold to Defendant S. G. Lewis & Son, Inc. 4. Defendant S, G, Lewis & Son, Inc. is a valid Pennsylvania corporation doing business in the Commonwealth. 5. Plaintiff makes no allegation in its Complaint that Defendant Jay Dudkewicz personally obligated himself for the debt of the corporation or otherwise guaranteed to pay said debt to Plaintiff. 6. Defendant Jay DudkewiczpreliIninarily,objectstoPlaintiff's Complaint on the grounds that it improperly states a claim against him individually and improperly states a claim against him trading and doing business as S. G, Lewis & Son, 7. Pennsylvania law is clear that an individual defendant is not personally liable for the debts of a corporation. See Electron Enerev Corp. v. Shor!, 408 Pa. Super. 563, 597 A.2d 175 (1991), WHEREFORE, Defendants S, G. Lewis & Son, Inc. and Jay Dudkewicz respectfully request this Honorable Court to grant their Preliminary Objection in the nature of a demurrer and , .~ dismiss the claims in Plaintiff's Complaint as to Defendant Jay Dudkewicz, individually and t/dJb/a S. G. Lewis & Son, for failure to state causes of action upon which relief may be granted. Respectfully Submitted, IRWIN, McKNIGHT & HUGHES By: Dated: February 15, 2001 Dougla G. Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants ',_I M~ _', _,.J' '''_~ CERTIFICA TE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: David J. Lanza, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P,O, Box 109 Lemoyne, P A 17043-0109 Date: February 15,2001 IRWIN, McKNIGHT & HUGHES ~ Xl. JU(JL Dougla . Miller, EsqUIre Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants 0,- '__<-< ~'''''~,_='''' _' , ;' "- CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by fIrst class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: David J. Lanza, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne,PA 17043-0109 Date: February 26,2001 IRWIN, McKNIGHT & HUGHES ~J.~ Dougla . Miller, Esquire Supreme Court ID # 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants _..iIIO IIlIm I "I ,,- 'D~IiiIlIiii.:.::liMtiltMr~ - -'I{( ,,~. ."", "iIiliti:;fuj~iliii~~_j;''-'"';'''~' .~.>. 'c^, "',~_,,,,,- <,<",'!-!'lfl, .,"" "'" .~ , n-"".'h: ~, ., lilisJlil---- {'! .f} ::.i:o,'-,'''' .. -" o !; ilj/t .:;:0",,_ C) -- .c) -"1 F"''i U.J (',--.,) C, .-:-:.: .t:'_ '. ") i0 ~[ . ^ . '->"..""'"~',.,'.' '.--~.:." ,. I FEe 2 7 20~ PFB MEMBERS' SERVICE CORPORATION, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - 8345 CIVIL TERM S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and tJd/b/a S. G. LEWIS & SON, Defendants CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , 2001, upon consideration of Defendants' Petition to Strike Off Default Judgment for reasons appearing on the record, it is hereby ORDERED that the default judgment entered against Defendants on February 16, 2001, be struck off and that Defendants be permitted to pursue their defense of this action. BY THE COURT, J. ,~" 1.- I ~I , - '" u~, j ~ PFB MEMBERS' SERVICE CORPORATION, Plaintiff v. S. G. LEWIS & SON, INC., and JAY DUDKEWICZ, Individually and tJd/b/a S. G. LEWIS & SON, Defendants , "I j , . -,,"L , _ , ',. - -" _ .-, ' ~--,;.; "" ~L- \. FEB 2 7 20~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 8345 CI\1L TERM CML ACTION - LAW ORDER OF COURT AND NOW, this day of , 2001, upon consideration of Defendants' Petition to Strike Off Default Judgment for reasons appearing on the record, it is hereby ORDERED that the default judgment entered against Defendants on February 16, 2001, be struck off and that Defendants be permitted to pursue their defense of this action. BY THE COURT, J.