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Home My WebLink About01-2084 FX JIMMY MEANS RACING, INC. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ACCESS M~ACTURING SYSTEMS: NO. tJl- ,)od CIVIL INC. Defendant NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Complaint and Notice are served, filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 ~.q ":~"-'!(''''''--':: . [<. , ,,'. - --- 1 ,- ,- - JIMMY MEANS RACING, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ACCESS MANUFACTURING SYSTEMS : NO. 01- .;2 IS ~'I INC. CNIL Defendant COMPLAINT I. Plaintiff Jimmy Means Racing, Inc. is a North Carolina Corporation with an address of 486 Withrow Road, Forest City, NC 28043. 2. Plaintiffs agent, Robert Dowling, resides and conducts business in Pennsylvania on behalf of Plaintiff at 1328G Pine Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant Access Manufacturing Systems, Inc. is a New Hampshire Corporation with an address of90 Stiles Road, Suite 101, Salem, New Hampshire 03079. 4. On or about January, 2000, Defendant's salesman came to the automotive shop of Robert Dowling to discuss software sold by Defendant. 5. Defendant's salesman represented to Mr. Dowling that Defendant's software was capable of directing cutting by 5 axis simultaneous action on the automotive part shown to him by Mr. Dowling. 6. Based on the salesman's representation, Mr. Dowling entered into an agreement with the salesman to purchase the software known as TekSoft 2 1/2 D Mill System; TekSoft 3D SurflMill; TekSoft ProverifY and Post Processor, 7. The purchase was accomplished through a lease/purchase agreement with Mercantile Bank Leasing, Inc. as the Lessor and Jimmy Means Racing, Inc. as Lessee. \',<:" ,'--"" - .,.,"-'.-.', . r '. -, 'Ii- .~?'''" ,. , - -." .. -, _ I _'hi , ' 8, Robert Dowling attended Defendant's school in New Hampshire to learn the system. At the time he attended the school, he was assured by Defendant's technical people that the system could perform the work required by Plaintiff. 9. The cutting machine which was to utilize the software was delivered to Mr. Dowling's shop at 13280 Pine Road, Carlisle, Pennsylvania in May, 2000. 10., The programming was conducted by York Penn Machinery during the summer months of 2000. 11. By October, 2000, Mr. Dowling and the programmer from York Penn Machinery experienced problems with the software, 12, In November, Mr. Dowling had conversations with Defendant's representatives concerning the problems with the software. 13. In November, Defendant conceded that the software was inadequate and offered to refund the purchase price of the software. 14. Defendant made repeated offers to Mr. Dowling to refund the purchase price, however the refund was not forthcoming even though the offer of refund was accep1ed. 15. Because of the failure of the software to perform as intended, Robert Dowling has been unable to work on contracts which would have been forthcoming to Jimmy Means Racing, Inc.and Plaintiff has therefore suffered monetary damages as a consequence. .;._lLt, ,-~' - .-' . "' ~- ". - - ~, WHEREFORE, Plaintiff prays this Honorable Court award damages to Defendant in excess of $20,000.00 representing the refund of pUT chase price and losses incurred plus costs of suit. Respectfully submitted DUNCAN & HARTM~, P.C. usan J. Hartm I Irvine Row Carlisle, P A 17013 717-249-7780 ID#65184 '~" ~,~'-1""'~ "-, ""_""_'"1 '--0'"---':' ._~ -~ t ,- , ,,~~ I verifY that I am the President of Jimmy Means Racing, Inc. and that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904, relating to unsworn falsification to authorities. Date:t.; - t/ ~ d / ~~ J' y an .' 'T" "~ ."""" , " '-" ,-I ,-~, , .> , ~ ,-- I" , - ,~ ... ~ . JIMMY MEANS RACING, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. ACCESS MANUFACTURING SYSTEMS: NO. 01-2084 INC. CIVIL Defendant PRAECIPE FORDEFAULT JUDGMENT TO THE PROTHONOTARY: Enter judgment in favor of the plaintiff, JIMMY MEANS RACING, INC., and against the defendant, ACCESS MANUFACTURING SYSTEMS, INC. in the amount of$ 15,725.00 (the amount of the contract in controversy and accumulated interest) , together with the costs of suit, by reason ofthe failure of the defendant to enter an appearance or to file an answer within 20 days of the date of service ofthe complaint endorsed with a notice to defend. It is hereby certified that a written notice of intention to file a pracipe for default judgment was mailed to Defendant after the failure to plead to the complaint and at least ten days prior to this filing. By: orney for Plai Susan J. Hartman, I Irvine Row Carlisle, Pennsylvania 17013 '9_.-_ - _~ ,'0 ~ "" _~ '. .', ;~-_ ,. . - '~11'_' :'- "'~ , "1 ~, .'"'~ .,.".- r nf1!1!'~.,., , ,,, -~ -.'. ~_. '_'_~.,,,'^""_'~_ ~=.".","",~..","'h"~" ,,',,^ .' "'''''_',,,)-.c, .' " . (") c:-, C ~ I'::' :-0 "1:1A~:' 'n ~ q;J oS ;'1 (t~ 6;L~';: "0 0 i\~) "\-- c:.. ~ ~ -----... (J r ---u r-:::i::c.; ,,:;:,., '::--;..' ...... '>>... Pc ~~.= ~ ~' ZC~ '- p_C: -- (:;8 0 ..\) z - 'Q "N :L -< .::;) "1;:.: , SJ ~:' P ..:c- ~ ~ .... '"'< ~ ...- 3 ~ p ~ ~ ~ "" ~ ',= l} t~ t~ ,,~ ;j ~ \0 "" 'j]~IIlII!II:--''''''''''!J'r'''''''~~, '!I!'~I~"I!1,~>m~'~"!'I<;l'q"M(;i~:'fll,",l~\r~",J!j;il!;;illmmm~i[~!'.J.:m~N'~.~';~~'WN1"J:l.~~~~J -, " , , JIMMY MEANS RACING, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Ys. ACCESS MANUFACTURING SYSTEMS: NO. 01-2084 CIVIL INC. Defendant TO: SCOTT GUTWEIN Date of Notice: August 14, 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 DAYS (10), FROM THE DATE OF THIS NOTICE, A JUDGEMENT 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, P A 17013 (717) 249-3166 TMAN, P.C. SUSAN J. MAN, ESQUIRE 1 IRVINE ROW CARLISLE, PA 17013 ID#65184 !'-lIJ ".. ""',,'" _",_",,_\ '-0--- . .. ~ :-= " ~~"~, <-,'",~, ~ ",~", ">- ~" "'\'.".;.","", "'< -" ""-""JJ;~~~~-""'~""'~- ,- ... o r- ~ -oi:i? ~Yj ZC. 0'1",,:., r~c"':'--; ...,.... -" )..::;;:,('1 zec 5>e: ~ " ~ 1 r" -' ,n ,,, V 7"'-.) ,.. ....J, ~ :::> .~ ~, - 'llIil~ -."~-r""'1 ~ '. ,_~~JiliIfi!Ilfll~~"ll';'fiii~mlWjlit~i\';;i!Q":""i!ti'-%l'n_;;1!#~~@Wl1!ltl_~I!I!!ii1~ijll'~~ ... . t \ JIMMY MEANS RACING, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ACCESS MANUFACTURING SYSTEMS NO. 01-2084 INC. CNIL Defendant AFFIDAVIT OF SERVICE I, Susan 1. Hartman, do hereby swear that the Complaint in the above captioned matter was served by pIepaid certified U.S. Mail, return receipt requested, pursuant to Pa. Rule of Civil Procedure 404 relating to service outside the Commonwealth, to the following address on ilf'l\" I 16.2001: Access Manufacturing System, Inc. 90 Stiles Road, Suite 101 Salem, New Hampshire 03079 A return receipt signed by Defendant is attached hereto. .:;." ') Sworn to and SUbScrib~ me, a notary public, this ./' y of September, 2001. '. . NOTARIAL SEAL Cynthia L, Darr, Notary Public South Middleton Twp" County of Cumberiand My Commission Expires Aug. 14, 2004 -. ", ~,~ '--I'~~~ c, .. '.' ~ . ,. ,,-- ,." ,~, . _~,,,. "," , '''''?1",~~yIIl!- ~-"- _""""",-,,0'_ ',C',," ,~" _".~f'-' ,,,-, ,...y ,'.. -'~" -'~""'kC". '<k'_:;;".k'''''''''''_'~ '~""~c,. ''" . -..-""._~.. .~'"' ~~'-. ~ o r- -oft ff'fff__ Z:c' ~~,. )>C: Z~~., ::C>~;; .::. -, -< '. . , ,-.i ~~~ el) i"rl 'v i"J (y-; -;::-.~ ::;. ~ ""'I~JilW"~.(!f'!"'fWI~!'~;",3_,r.'jI"'~~"'i!?i'i""t'tl~~~~~~)!!l.I~~~1'1:11'. ~~~ DUNCAN & HARTMAN, P.C. Attorneys at law 1 Irvine Row Carlisle, PA 17013 One piece of ordinary mail addressed to: SCOTT GUTWEIN, DIRECTOR OF SALES ACCESS MANUFACTURING SYSTEMS, INC 90 STILES ROAD, SUITE 101 S1\LEM NH 03079 PS Form 3817. Mar. 1989 ------~-----"- - ; . Cq'!lpfete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desire6:-"f . P~nt your name and address on the reverse so that we can retum the card to you. . Attach this card to the back of the maiJpiece, or on the front jf space permits. 1. Article Addressed to: 'Access Manufacturing System, 90 St~les Road, Suite 101 Salem, New Hampshire 03079 S;/;e,;'!oiuve'Y c, ~gnature.,...,...- ~ ~A' \ 0 Agent X /U~ ' 0 Addressee D. ,.'s dejj~ad~" different from item 1? 0 Yes . ~~;:>J'", "n'."'. tar l~.addreSSbeJOW: DNo , , "'" ,<,. 'I \~\ \~"" !... I,,"', ~ \ I "'.~' .e;;.>,,-. c\ ,_ \".~ \%~. %'-" .,,(I\. ~:.,., 3. 'Service'Type ~ certified Mail o Registered o Insured Mail o Express Mail o Return Receipt fo~ Merchandise DC,O,D, 4. Restricted DelJvery? (Extra ~ee) ,,0 Yes 2. Article Number (Copy from seNice label) 709((- ;;:;:;)d.O- 6oe/i - .>5'1'<1- 9.'3-53 PS Form 3811, July 1999 DomlOlstic Return Receipt 102595-99-M.1789