HomeMy WebLinkAbout01-2538 FX
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TAYLOR-WHARTON GAS
EQillPMENT, A DIVISION OF
HARSCO CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
~NO. OJ -e2SJf
: CIVIL ACTION-LAW
Cl.u,l '-r0WL
DANIEL J. BLIXT, t/a B-D SALES &
SERVICE AND JULIE BLIXT,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this complaint and notice have been served. To
defend against the aforementioned claims, a written appearance stating your defenses and objections must
be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to
take action against these claims, the court may proceed without you and a judgement for any money
claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the
court without further notice. You may lose money, 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, PA. 17013 -- (717) 249-3166 (800) 990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas
en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la
corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea
avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin
previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted
puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA 0 LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA
LEGAL:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108
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TAYLOR-WHARTON GAS
EQUIPMENT, A DIVISION OF
HARSCO CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. O{- .2.:s'.3~ ~'1MA><
: CIVIL ACTION-LAW
DANIEL J. BLIXT, t/a B-D SALES &
SERVICE AND JULIE BLIXT,
Defendants
COMPLAINT
1. The Plaintiff is Taylor-Wharton Gas Equipment, a division of HARSCO
Corporation, a corporation organized and existing under the laws of the state of
Delaware, with an address of 4718 Old Gettysburg Road, Suite 300, P.O. Box 8870,
Camp Hill, Cumberland, PA 17001-8870.
2. The Defendant Daniel J. Blixt, t/a B-D Sales & Service, is a sole
proprietorship organized and existing under the laws of the State of California, with
an address of 146 Coyado, P.O. Box 571, Modesto, California 95353..
3. The Defendant Julie Blixt is an adult individual with an address of 146
Coyado, P.O. Box 571, Modesto, California 95353.
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COUNT I
PLAINTIFF V. DANIEL J. BLIXT. T/A BoD SALES & SERVICE
4. Paragraphs 1 through 3 are hereby incorporated by reference as if set forth
at length.
5. On or about October 1, 1998, the Defendant Daniel J. Blixt t/a B-D Sales &
Service. entered into a Commercial Note pursuant to which it agreed to pay to the
Plaintiff the sum of $133,279.22, in 59 consecutive installments of $2,753.74,
commencing 30 days from the date of shipment of equipment separately purchased
by Defendants until paid in full.. A copy of the Note with all the terms is attached
hereto and made a part hereof as Exhibit" An.
6. The equipment referenced in the Note was shipped on October 24, 1998 and
November 9, 1998. Due to processing delays, the first payment came due on Febmary
28,1999, making the first payment due 30 days thereafter.
7. The Defendants made no payments on account of said Note.
8. There is presently due and owing to the Plaintiff by the Defendant the
amount as follows:
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Principal
Interest at 8.8% (1/28/99 through 4/12/01)
TOTAL
$133,279.22
$ 25,216.43
$158,495.65
9. Pursuant to the terms of the Note, the Defendants are responsible for the
payment for all costs and expenses, including reasonable attorney's fees and
disbursements, which may be incurred by Plaintiff in the collection of the Note or the
enforcement of the company's rights and remedies thereunder.
10. Plaintiff has made demand upon the Defendants, yet despite demand, the
Defendants have failed and/or refused to make payments as aforesaid.
WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in
favor of the Plaintiff and against the Defendants, in the amount of $158,495.65 as of
April 12, 2001, plus continuing interest at the rate of 8.8% thereafter, plus reasonable
attorney's fees and costs of suit.
COUNT III
PLAINTIFF V. JULIE BLIXT
11. Paragraphs 1 through 3 are incorporated by reference as if set forth at
length.
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12. On or about October 1, 1998, the Defendant Julie Blixt executed a Guaranty
Agreement in favor of the Plaintiff, under which she personally guaranteed the
payment of the amounts set forth in Count I as set forth above. A copy of the
Personal Guaranty Contract is attached hereto and made a part hereof as Exhibit "B".
13. As a part of the Personal Guaranty Contract, the Defendant Julie Blixt
agreed to reimburse the Plaintiff for the entire amount of any indebtedness owed to
the Plaintiff, in addition to costs of suit and attorney's fees and commission for
collection.
14. Despite demand, the Defendant Julie Blixt has failed and lor refused to
make payment of the amounts set forth in Count 1.
WHEREFORE, Plaintiff requests this Honorable Court to enter judgment in
favor of the Plaintiff and against the Defendant Julie Blixt, individually, in the amount
of $158,495.65, plus continuing interest, costs of suit and reasonable attorney's fees.
Respectfully submitted,
PURCELL, KRUG & HALLER
ohn W. PurceU, Jr.
.D. #29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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COMMER"CML NOTE
S 133,279.22
Oclober I, 1998
FOR VALUE RECEIVED, each of the undersigned, joimly and severally jf more than one (hereinafter
collectively referred to as "Borrower"), promises to pay 10 dte order of HARSCO CORPORA TION (the
"Company"), at its offices at 4718 Old Genysburg Rd., SUHe 300, Mechamcsburg, Pennsylvania, P.O. Box 8316,
Camp Hill, Pennsylvania 17001.8316, the principal amounl of One Hundred Tbirly.tbree Tbousand Two
Hundred Seventy-nine and 221100 DOLLARS, in lawful money oflbe Umted States, plus interest, to be paid as
follows: said principal plus interest sball be payable in 59 Consecutive equal monthly installments of principal and
interest, each in the amount ofS2,753.74 commencing 30 days from lhe date of shipment of Equipment and on the
same day of the month each mOlllh dlereafter, each of which installments shall be applied first to the payment of
accrued and unpaid interest and dlen to the payment of principal and a final installment in an amount which is
necessary to pay in full all of the outstanding principal plus accru~d and unpaid interest on this Note on the date of
the final payment. Interest shall accrue at the rate of8.80% per annum. Payments will be applied as aforesaid on
the date received.
ADDtTIONAL TERMS OF TillS NOTE, Each of the following provisions shall apply to this Note, to any extension or
modification hereof and to the indebtedness evidenced hereby, except as otherwise expressly stated above or in a
separate writing signed by Company and Borrower.
INDE8TEIlNESS - TIlis Note evidences the indebtedness of Borrower in connection with the sale of Equipment sold
by Company to Borrower.
INTEREST - Interest shall be calculated on the basis of a 360-day year and shall be charged for the actual number of
days elapsed. Accrued interest shall be payable monthly. Accrued interest shaUalso be payable when the entire
principal balance of this Note becomes due and payable (whether by demilnd. stated maturity or acceleration) or, if
earlier, when such principal balance is actually paid to Company. Interest shall accrue from the date shipment of
Equipment is made by Company, provided, however, that to the extent this Note represents a replacement,
substitution, renewal or refinancing of existing indebtedness, interest shall accrue from the date hereof. Interest
shall accrue on the unpaid balance hereof at the rate provided for in this Note until the entire unpaid balance has
been paid in full, notwithstanding the entry of any judgment against Borrower.
PREPAYMENT - Borrower may at its option prepay all or any ponico of the principal balance of this Note without
premium or penalty. Prepayments shall be applied to scheduled installments of principal in the inverse order of
their maturity,shall be accompanied by payment of accrued interest on the principal amount being prepaid and,
unless this Note has been accelerated by Company shall not be permitted in an amount less than the scheduled
principal instalIinent prior to final maturity of the outstanding principal balance. .
COLLATERAL - This Note and the indebtedness evidenced hereby shall be secured by any lien or security interest
evidenced by a writing (whether now existing or hereafter executed) which contains a provision to the effect that
such lien or security interest is intended to secure this Note or indebtedness evidenced hereby.
EVENts OF DEFAULT- Each of the following shall be an Event of Default hereunder: (a) the nonpayment when due
of any amoun/payable under this Note or under any obligation or indebledness to Company of Borrower or any
person liable, either absolutely or contingently, for payment ohny indebtedness evidenced hereby, including
endorsers, guarantors and sureties (each such person is referred to as an "Obligor"); (b) if Borrower or any Obligor
has failed to observe or perform any other existing or future agreement with Company of any nature whatsoever; (c)
if any represeillation, wamIDty, certificate, financial statement or other information made or given by Borrower or
any Obligor to Company is materially incorrect or misleading; (d) if Borrower or any Obligor shall become
insolvent or make an assignment for the benefit of creditors or jf any petition shall be filed by or against Borrower
or any Obligor under any bankruptcy insolvency Jaw; (e) the enny of any judgment against Borrower or any
Obligor which remains unsatisfied for ]5 days or the issuance of any attachment, tax lien, levy or garnishment
against any property of material value in which Borrower or any Obligor has an interest; (f) if any attachment, levy,
garnishment or similar legal process is served upon Company as a result of any claim against Borrewer or any
Obligor or against any property of Borrower or any Obligor; (g) the dissolution, merger, consolidation or change in
control (as cdntrol is defined in Rule 12b-2 underthe Securities Exchange Act of1934), of ani Borrower which is a
corporation or partnership, orthe sale or transfer of any substantial ponion of any of Borrower's assets, or if any
agreement for such dissol~tion, merger, or consolidation, change in control, sale or transfer is entered into by
Borrower, WIthOut the wnlten consent of Company; (h) the death of any Borrower or Obligor who is a natural
person; (i) if Company determines reasonably and in good faith that an event has occurred or a condition exists
whicb has had, or is likely to have, a material adverse effect on the fmancial condition or creditworthiness of
~orrower or any Obligor, or ~n the ability of Borrower or any Obligor to perform its obligation evidenced by this
Note: (j) If Borrower shall fall to remit promptly when due to the appropriate government agency or authorized Exhibit "A"
~!!i'!~IUll~t~"'''~'''''"_"'''''",,",'~~~I'~Wlf.ry:I~~~~ f',~...J ~.- ".:.1,1,,..,1,..1 .rmm :">1\' ,....~f'.lnv~{> nf R('Irrower for navrolJ taxes. Social SeC'urirv
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p~yments or simil~r payroll deductions; (k) if ~ny Obligor sholl ~l1enipllo lemlin~le or disclaim such Obligor's
li~bility for the indebledness evidenced by Ihis NOle: (I) ifComp~ny sh~lI re~sbnably ~i1d in good f~ilh delernline
~nd notify Borrower thm ~ny coll~ter~J for this NOle or for lhe indebledness evidenced hereby is insufljcielll ~s to
quality and qu~nlity; (m) if Borrower shall fail to pay when due any m~teri~l indebtedness for borrowed money
other than 10 Company; or (n) if Borrower sh~1l be notified of the f~ilure of Borrower or any Obligor to provide
financial and other infomlation promptly when reasonably requesled by Company.
COMPAJW'S REMEDIES - Upon occurrence of one or more Events of Default, unless Company elects otherwise, Ihe
entire unp~id balance of this Note and all accrued interest shall be immedi~tely due and payable without notice to
Borrower or any Obligor, ~nd Comp~ny m~y, immediately or ar any time thereafter, exercise any or all of its rights
and remedies hereunder or under ~ny agreement or otherwise under applicable law against Borrower, any Obligor
and any collateral. Comp~ny m~y exercise its rights and remedies in any order and may, at its option, delay in or
refrain from exercising some or all of its rights and remedies Witl,OUt prejudice thereto. lf Borrower fails 10 m~ke
~ny paymenl when due hereunder, Borrower sh~lI p~y Company ~ service charge of five percent (5%) of such
delinquent amount plus interesl thereon from the due dare thereof "Illil paid al lhe rale ser fonh above.
NOTICE TO DORlIOWEll - Any nOlice required to be given by Company under the provisions of this Note sh~lI be
effeclive as to each Borrower ~nd e~ch Obligor when ~ddressed to Borrower and deposited in the mail, postage
prepaid, for delivery by first class mail ~I Borrower's mailing address as it appears on Company's records.
"A)'lIfESTS - All payments due under this Note are to be made in immediately available funds. If Company accepts
payment in any other fonn, such payment shall not be deemed to have been made until the funds comprising such
payment have actually been received by or m~de available to Comp~ny.
I'A\'ME~TOFCOSTS -In addition to the principal and inleresl payable hereunder, Borrower agrees to pay Company,
on demand, all costs and expenses (including reasonable anomey's fees and disbursements) which may be incurred
by Company in the collection of this Note or the enforcement of Company's rights and remedies hereunder.
REPRESESTATIONS DY DOllllOWER - If Borrower is a corporation or limited pannership, Borrower represents and
warrants that it is validly existing and in good standing in the jurisdiction under whose laws it was organized. If
Borrower is a corporation, Borrower represents and warrants that the execution, delivery and perfonnance of this
Note are within Borrower's corporate powers, have been duly authorized by all necessary action by Borrower's
Board of directors, and are not in contravention of the tenns of Borrower's chaner, by-laws, or any resolution ofilS
Board of Directors. If Borrower is a general or limited pannership, Borrower represents and warrants that the
execution, delivery and perfonnance of this NOle have been duly authorized and are nol in conllict with any
provision of Borrower's pannership agreement or cenificate of limited pannership. Borrower funher represents and
warrants that this NOle has been validly executed and is enforceable in accordance with its tenns, that the execution,
delivery and perfonnance by Borrower of this Note are not in contravention of law and do not conllict with any
indenture, agreement or undenaking to which Borrower is a pany or is otherwise bound, and that no consent or
approval of any governmenlal authority or any third pany is required in connection with the execution, delivery and
perfonnance of this Note.
WAIVER, ETC. - Sorrower and each Obligor waive presentment, dishonor, notice of dishonor, protesl and nOlice of
protest. Neither the failure nor any delay on the part of Company 10 exercise any righ~ remedy, power or privilege
hereunder shall operate as a waiver or modification thereof. No consen~ waiver or modification of the terms of this
Note shall be effective unless sel fonh in a writing signed by Company. All rights and remedies of Company are
cumulative and concurrent and no single or partial exercise of any power or privilege shall preclude any other
funher exercise of any right, power or privilege.
MtSCELLM'EOl!S - This Note is the unconditional obligation of Borrower, and Borrower agrees that Company shall
not be required to exercise any of its rights or remedies against any collateral in which it holds a lien or security
interest or againsl which it has a right of setoff or against any particular Obligor. All representation, warranties and
agreements herein are made jointly and severally by each Borrower. If any provision of this Note shall be held
invalid or unenforceable, sucli validity or unenforceability shall not affect any other provision hereof. To the extent
thaI this Note represents a replacement, substitution, renewal or refinancing of a pre-existing note or other evidence
of indebtedness, the indebtedness represented by such pre-existing note or other instrument shall not be deemed to
have been extinguished hereby. This Note has been delivered in and shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania without regard to the law conflicts. This Note
shall be binding upon each Borrower and each Obligor and upon their personal representatives, heirs, successors
and assigns, and shall benefit Company and its successors and assigns.
ASSJGNME~" BY COMPANY - Company may assign or transfer, and Borrower hereby consents to the assignment or
transfer, of Company's interesl in this Nole withou(notice 10 Borrower. Borrower agrees that the liability of
Borrower 10 any assignee of Company or any subsequent assignee of such assignee, shall be absolule and
unconditional.
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CONSENT TO JURISDlcrlON AND VENUE .IN ANY U;GAL PROCEEDING INVOlVINC, DIREcrL Y OR INDIREcrL Y,
ANY MA TrER ARISING OUT OF OR RELATED TO THLs NOTE OR THE RELATIONSHIP EVIDENCED HEREBY, EACH
UNDERSIGNED PARTY HEREBY IRREVOCABLY SUBMITS TO THE NONEXCLUSIVE JURlSDlcrlON OF ANY STATE OR
FEDEIVJ. COURT LOCATED IN ANY COUNTY OF mE COMMONWEALTH OF PENNSYLVANIA WHERE COMPANY
MAINTAINS AN OFFICE AND AGREES NOT TO RAISE ANY OBJECTION TO SUCH JURISDICTION OR TO THE LAYING
OR MAINTAINING OF THE VENUE OF ANY SUCH PROCEEDING IN SUCH COUNTY. EACH UNDERSIGNED PARTY
AGREES THAT SERVICE OF PROCESS IN ANY SUCH PROCEEDING MAYBE DULY EFFEcrED UPON IT BY MAILING A
COPYTHEllEOF. BY REGISTERED MAIL, POSTACE PREPAID, TO EA:CH UNDERSIGNED PARTY.
WANER OF JURY TRIAL - EACH l'~DERSIG!'IED PARTY HE'lEIlY WAIVES AND COMPANY BY ITS ACCEPTANCE
HEREOF THEREBY WAIVES, TRIAL BY JURY IN ANY LEGAL PROCEEDING INVOLVINC, DIRECTLY OR INDIRECTLY,
ANY MAlTER (WHETHER SOUNDING IN TORT, CONTRAcr OR OTHERWISE) IN ANY WAY ARlSINC OUT OF OR
RELATED TO THIS NOTE OR THE RELATIONSHIP EVIDENCED HEREBY. THIS PROVISION IS A MATERIAL
INDUCEMENT FOR COMPANY TO ENTER INTO. ACCEPT OR RELY UPON THIS NOTE.
IN WITNESS WHEREOF, Borrower, intending this to be a sealed instrument and intending to be legally bound
hereby, has executed and delivered this Note as of the day and year fITst above wrinen.
Corporation or Partnership:
By:-
By:
(Print name and title)
(Print name and title)
Individual:
Witness
ice
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(print name of Witness)
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(Print name of Witness)
(Print name of Borrower)
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Personal Guaranty Contract
GUARANTY AGREEMENT dated this 1" day of October, 1998 for and in consideration
of the extension of credit to Daniel J. Blixt. tla B-O Sales & Service and/or his agents of Julie
Blixt (referred tohereinefter as the "Guarantor"), and other good and suffICient considerations to
the undersigned accruing, J (or we, joinllyand severally) hereby give this Conlinuing Guaranty to
Taylor-Wharton Gas Equipment Division ofHarsco Corporation (referred to hereinafter as the
"Harsco"), for the payment in full, logether with all inlerest, fees and charges of whatsoever nature
and kind of any and all Indebtedness of the Guarantor to the Harsco,. whether an open account,
credit card account, or evidenced by note, secured or unsecured, due and owing at the present
time, or that may hereafter be due and owing by Guarantor to Harsco, and it is further agreed that
if bills are not paid when due, I (or we or any of us) will personally PIlY the same upon notice and
demand. It is agreed thai this Continuing Guaranty applies to any extensions or renewals of credit
given by Harsco to Guarantor.
It is specifically understood and agreed that the Ha~sc; shall n~t be required to exhaust
its legal remedies for recovery and collection against the Guarantor before looking to the
undersigned (or any of them ) for payment of this account,. but that if the account is not paid when
due Harsco may, at once, notify the undersigned, and upon receipt of such notice that the said
account is past due and unpaid, the undersigned assumes liability therefor arid agrees to pay the
same without delay or defalcation. The discharge of Guarantor in bankruptcy will not relieve the
undersigned from liability with regard to any amount due and owing under this Continuing
Guaranty.
It is distinctly understood and agreed that Harsco may enter suit against the undersigned
(or anyone or more of the undersigned) for the recovery of the entire amount of said
indebtedness hereby secured, and may recover judgment therefore against the undersigned (or
anyone or more of said guarantors). llis also understo,od and agreed that in the event the
Harsco commences such suit then and in that event I (6r we and each of us) shall pay for the cost
of suit and attorneys' fees and commissions for collection, in addition to the indebtedness hereby
secured.
It is further understood and agreed that the undersigned, each for himself, his heirs,
executors, and administrators, does hereby waive the benefit of any and all state laws exempting
real and/or personal properly from levy and sale on execution, and agrees to the immediate
issuance and levying of writs of execution upon his interests in any real estate of personal
properly and the subjugation thereof 10 sale for satisfaction of any such judgment or judgments.
The undersigned hereby waives notice of the acceptance of this guaranty, notice of
demand and maturity of payments to become due, notice of default in payment by the Guarantor
and all such ~otices required or customarily given under like circumstances. It is also specifically
understood and agreed that I (or we and each of us) expressly consent that the time of payment
of any indebtedness hereby secured may be extended, or that the Harsco may at any time require
and accept other security of any nature whatsoever from Guarantor without notice to consent from
me (or us or each of us).
I (or we and each of us jointly and severally) agree to be held responsible for said
obligations precisely as if the same had been contracted and due and owing by the undersigned
or each of us in person. This Continuing Guaranty binds each of the signers hereto, jointly and
severally, their respective heirs, executors, and administrators and shall extend to and cover all
renewals of any claims or demands guaranteed under this instrument, or the extension of time of
payme~t thereof,~nd shall remain in ful~ force and. effect fro,m this date until revoked by the
undersigned In wntlng to be sent by registered mall to the Vice President-Controller at P. O. Box
8316, City of Camp Hill. State of Pennsylvania 17001-8316, evidence of such mailing to be
Exhibit liB"
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established by postal receipt. No addition, alteration, modification, novation or change in any of
the terms or conditions of this Guaranty shall be binding upon the Harsco unless made in writing
and signed by an authorized Vice President of Harsco.
The obligation of Guarantor is a primary and unconditional obligation and shall not be
affected in any manner by any change in the status of Customer or by any change from any
cause whalsoever. This Guaranty shall not be revoked by the death or incapacity of any
Guarantor but shall remain in full force and effect until terminated in a writing executed by Harsco
and Guarantor. Guarantor hereby waives any defenses whatsoever which Guarantor and/or
Customer may have with respect to any of the obligations or liabilities of Guarantor to Harsco
under this Guaranty including, withoutlimilation to the generality hereof, defenses arising out of
estoppel, laches or any statute of limitations. It is the specific intention and agreement of the
parties that this Agreement for any purpose be govemed and interpreted solely by and under the
laws ofthe Commonwealth of Pennsylvania in which jurisdiction the principal offices of Harsco
Corporation are iocated. It is the specific intention and agreement of the parties that this
Agreement be suitable for filing and confession of judgment in the event of a default hereunder. If
_ -any provisions of this Guaranty Agreement shall contravene or be invalid under the laws of the
United Stales or any State, suCh contravention or invalidity shall not invalidate this Agreement or
any other agreement which is part of this transaction, but shall be construed as not containing
such provision,and the rights and obligations of the parties under lhis Guaranty Agreementshall
be interpreted, construed and enforced accordingly.
IN WITNESS WHEREOF, the parties have executed this Guaranty Agreement the day.
and year first above written.
WITNESS:
GUARANTOR
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Taylor-Wharton Gas Equipment
Divisio of Harsco Corporation
& Controller
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VERIFICATION
COMPANY NAME: TAYLOR-WHARTON GAS EQUIPMENT
DIVISION OF HARSCO CORPORATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA C.S.
~ 4904 relating to unsworn falsification to authorities.
Dated:
41/d-/Df
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TAYLOR-WHARTON GAS
EQUIPMENT, A DIVISION OF
HARSCO CORPORATION,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
DANIEL J. BLIXT T/A B-D SALES &
SERVICE AND JULIE BLIXT,
Defendants
: NO. 01-2538 CIVIL TERM
: CIVIL ACTION-LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff and against the Defendants in
the amount of $158,495.65, plus continuing interest at contract rate, plus costs of suit
and attorney's fees, for failure to file an Answer to the Complaint, and after Ten Days
Notice of Default under Pa. R.C.P. 237.1.
I hereby certify that a Ten Days Notice of Default was mailed to the Defendants
on July 2, 2001 in accordance with the above referenced Rule.
Respectfully submitted,
PURCELL, KRUG & HALLER
BY
Jo W. Purcell, Jr.
'. . 29955
1719 North Front Street
Hanisburg, PA 17102
(717) 234-4178
Date: August 2, 2001
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TAYLOR-WHARTON GAS EQUIPMENT, A
DIVISION OF HARSCO CORPORATION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-2538 CIVIL TERM
DANIEL J. BLIXT, Ua B-D SALES &
SERVICE AND JULIE BLIXT,
Defendants
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Daniel J. Blixt Ua B-D Sales & Service, Defendant
146 Coyado, P.O. Box 571
Modesto California 95353
and
Steven J. Fishman, Esquire
95 Alexander Spring Road
Carlisle, PA 17013
DATE OF NOTICE: July 2. 2001
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 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, PA 17M3 (717) 249-3166 (800) 990-9108
BY
Jo n W. Purcell, Jr.
I . 29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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NOTICIA IMPORTANTE
TO: Daniel J. Blixt Va B-D Sales & Service, Defendant
146 Coyado, P.O. Box 571
Modesto California 95353
and
Steven J. Fishman, Esquire
95 Alexander Spring Road
Carlisle, PA 17013
FECHA DE NOTICIA: July 2, 2001
USTED NO HA COMPlIDO CON EL AVISO ANTERIOR PORQUE HA FAL TADO EN
TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA
DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE
UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED PODRIA
PERDER SU PROPIEDAD 0 OTROS DERECHOS IMPORTANTES. USTED DEBE
LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. SI USTED NO TIENE
ABOGADO 0 NO TIENE CON QUE PAGAR LOS SERVICIOS DE UN ABAOGADO, VAYA
o LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER
LA AYUDA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013 (717) 249-3166 (800) 990-9108
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TAYLOR-WHARTON GAS EQUIPMENT, A
DIVISION OF HARSCO CORPORATION
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 01-2538 CIVIL TERM
DANIEL J. BLIXT, tJa B-D SALES &
SERVICE AND"JULlE BLIXT,
Defendants
: JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Julie Blixt, Defendant
146 Coyado, P.O. Box 571
Modesto California 95353
and
Steven J. Fishman, Esquire
95 Alexander Spring Road
Carlisle, PA 17013
DATE OF NOTICE: July 2,2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALL YOR 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 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, PA 1';&13 (717) 249-3166 (800) 990-9108
BY
Jo n W. Purcell, Jr.
I . 29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
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NOTiCIA IMPORTANTE
TO: Julie Blixt, Defendant
146 Coyado, P.O. Box 571
Modesto California 95353
and
Steven J. Fishman, Esquire
95 Alexander Spring Road
Carlisle, PA 17013
FECHA DE NOTICIA: July 2, 2001
USTED NO HA COMPLlDO CON EL AVISO ANTERIOR PORQUE HA FAL TADO EN
TOMAR MEDIDAS REQUERIDAS RESPECTO A ESTE CASO. SI USTED NO ACUTA
DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE
UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENCIA Y USTED PODRIA
PERDER SU PROPIEDAD OOTROSDERECH.OS IMPORTANTES. USTED DEBE
LLEVAR ESTA NOTICIAA SU ABO(3ADO',EN SEGUIDASI USTED NO TIENE
ABOGADO 0 NO TIENE CON QUE RAGAR .LOSSERVICIOS DE UN ABAOGADO, VAYA
o LLAME A LA OFICINA ABAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER
LA AYUDA LEGAL. '
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013 (717) 249-3166 (800) 990-9108
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
9TH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT OF SERVICE OF PROCESS
TAYLOR-WHARTON GAS EQUIPMENT, A
DIVISION OF HARSCO CORPORATION
Plaintiff
NO. 01-2.538
CIVIL ACTION - LAW.
versus
DANIEL J. BLIXT, Va B-D SALES & SERVICE AND
JULIE BLIXT
Defendant
Know ail persons by these presents that I, GA
execute this service upon the following defendan ~
MODESTO. CA 95353. I hereby depose and say:
lE- ,was assigned to duly
ULlE BLIXT at 146 COYADO. PO BOX 571.
I) That I am of the necessary age and sound mind to execute said service.
2) That I am not a party to the action or have any interest in it.
3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private
investigator.
I hereby certify that on
copy of the NOTICE AND
following manner:
if I personally delivered them into the hands of the person to be served.
D By leaving a copy at hislher usual place of abode with , whose
relationship to the defendant is , and who is of suitable age and discretion
and also residing therein~
D By leaving a copy with
defendant resides.
D By leaving a copy with , the agent in charge of defendant's office or
usual place of business. Job title or position of agent is
D After due and diligent efforts, described below, I was unable to serve the process
because.______~__
~ ').Db I at approximately 3:0D Oa.m. I2!Ip.m. a true and correct
MPLAINT were served on the above-named party or witness in the
,the manager/clerk of place of lodging in which
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Subscribed and sworn to before me this 6th
~2001
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LLOYD F. CASTLES~
COMM.' 1301323 .
OImpUBllC-CAl.lfORNlA
STANISlAUS COUNTY 0
COMM.EXI'.MI\Y 14.2005'"
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
9TH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT OF SERVICE OF PROCESS
TAYLOR-WHARTON GAS EQUIPMENT, A
DIV!SION OF HARSCO CORPORATION
Plaintiff
NO. 01-2538
CIVIL ACTION - LAW
versus
DANIEL J. BLIXT, t1a B-D SALES & SERVICE AND
JULIE BLIXT
Defendant
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Know all persons by these presents thall, GI'IJ<JL !/lJfr/J<.L:f ,was assigned to duly
execute this service upon the following defendant:tOANIEL J. BLIXT at 146 COYADO. PO BOX
571. MODESTO. CA 95353. I hereby depose and say:
I) That I am of the necessary age and sound mind to execute said service.
2) That I am not a party to the action or have any interest in it.
3) That I am an agent of Eric J~ Kerchner,a Monroe County, Pennsylvania licensed private
investigator. .
I hereby certify that on fJ~ r!J~PO()( at approximately (): DO Da.m. ~.m. a true and correct
copy of the .NOTICE AND OOMPLAINT were served on the above-named party or witness in the
following manner:
o I personally delivered them into the hands of the person to be served.
o By leaving a copy at hislher usual place of abode with , whose
relationship to the defendant is , and who is of suitable age and discretion
and also residing therein.
o By leaving a copy with ,the manager/clerk of place of lodging in which
defendant resides.
lllI By leaving a copy with ,J,!lie '31 ; X'1 , the age'lt In charge 0] pefendant's office or
usual place of business. Job title or position of agent is po. t/flf.f\ f.lJ I~.
o After due and diligent efforts, described below, I was unable to serve the process
because:
Description of Recipient:
Sex:
. u5''' --~
ApprOXImate Height: -J Approximate Weight ~ - Approximate Age:~
Subscribed and sworn to before me this 6th
~June 2001
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G . OTARY PUBUC-CIIlIFORNIII .
:t STANlSLAUS COUNtY ()
I COMM. EXP. MAY 14, 2005'"
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
9TH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT OF SERVICE PROCESS
(Amended)
TAYLOR-WHARTON GAS
EQUIPMENT, A DIVISION OF
HARSCO CORPORATION,
Plaintiff
NO. 01-2538 CIVIL TERM
versus
CIVIL ACTION-LAW
DANIEL J. BLIXT, t1a B-D SALES &
SERVICE AND JULIE BLIXT,
Defendants
Know all persons by these presents that I, Gary Trimble, was assigned to duly execute this service upon
the following Defendant, DANIEL J. BLIXT TIA B-D SALES & SERVICE at 146 Covado. P.O. Box 571.
Modesto. CA 95353. I hereby depose and say:
1. That I am of the necessary age and sound mind to execute said service.
2. That I am not a party to the action or have any interest in it.
3. That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private investigator.
I hereby certify that on Mav 22. 2001 at approximately 3:00 p.m. a true and correct copy of the
Notice and Complaint were served on the above-named party or witness in the following manner:
o I personally delivered them into the hands of the person to be served.
o By leaving a copy at hislher usual place of abode with , whose relationship to the
defendant is , and who is a suitable age and discretion and also residing therein.
o By leaving a copy with , the manager/clerk of place of lodging in which defendant
resides.
fQ By leaving a copy with Julie Blixt, the agent in charge of defendant's office or usual place of business.
Job title or position of agent is partner, wife~
o After due and diligent efforts, described below, I was unable to serve the process
because:
Description of Recipient:
Sex: emale Race: White ApprOXimate Height:~Approximate Weight: 1.:!LApproximate Age: 25
NOT.
,LqYD F. CASTLES
, ~MM. '1301.
i. PIIIUC-<:AUf<iRNIA
. . $T~NI$I.AUS COUNTY
C~.El(f'.MAY '4,200$""
Subscribed and sworn to before me
W day of November, 2001.
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Notary Public
Lloyd F. Castles
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Dawn Michelle Miller
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
Plaintiff
v.
: No. 01-2538
Clifford LeRoy Martin Jr.
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
Defendant
FINAL ORDER OF COURT
Defendant's Name is: Clifford LeRoy Martin Jr.
Defendant's Date of Birth is: March 9, 1950
Defendant's Social Security Number is: 159-44-0967
Name(s) of All protected persons, including Plaintiff and minor children:
1. DaWJ1.m~
AND NOW, this . f' " It, 2001 the court having jurisdiction over
the parties and the subject-matter, it is ORDERED, ADJUDGED and
DECREED as follows:
Pursuant to consent of the parties, which does not constitute Defendant's
admission to the averments of abuse in the petition. The following order will be
entered:
Plaintiffs request for a final protection order is granted.
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other
protected person in any place where they might be found.
2. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or
any other person protected under this Order, at any location, including but not
limited to any contact at Plaintiffs school, business, or place of
employement. Defendant is specifically ordered to stay away from the
following locations for the duration of this order.
Plaintiffs residence located at 20 East Portland Street, Mechanicsburg,
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Plaintiffs place of employment located at EDS, 4600 West Port Drive,
Mechanicsburg, Pennsylvania.
3. Defendant shall not contact the Plaintiff, or any other person protected under
this Order, by telephone or by any other means, including through third
persons.
4. The following additional relief is granted as authorized by 96108 of the Act:
Defendant is awarded use and possession of the following personal
property:
Defendant shall have the right to enter the residence located at 20 East
Portland Street, Mechanicsburg, Pennsylvania, at a time agreed upon by
the parties to retrieve his personal belongings. Arrangements for the
transfer of property shall be made through attorneys or other third
party.
- Defendant shall not harass Plaintiffs relatives.
- Defendant shall not damage or destroy any property owned jointly by
the parties or solely by Plaintiff.
- Any arrangements in reference to visits by the defendant with the
parties' minor child, Clifford Martin III, shall be made through the
paternal grandmother, Jane Wilson.
- The court costs and fees are waived.
5. A certified copy of this Order shall be provided to the police department
where Plaintiff resides and any other agency specified hereafter:
Mechanicsburg Police Department
Lower Allen Police Department
6. THIS ORDER SUPERSEDES:
1. ANY PRIOR PF A ORDER
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7. All provisions ofthis order shall expire on: August 28, 2002
NOTICE TO THE DEFENDANT
VIOLATION OF THIS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRlMINAL CONTEMPT WHICH IS
PUNISHABLE BY A FINE OF UP TO $1,000 AND/OR A JAIL SENTENCE
OF UP TO SIX MONTHS. 23 PA.C.S. 96114. VIOLATION MAY ALSO
SUBJECT YOU TO PROSECUTION AND CRlMINAL PENAL TIES UNDER
THE PENNSYLVANIA CRlMES CODE.
THIS ORDER IS ENFORCEABLE IN ALL FIFTY (50) STATES, THE
DISTRlCT OF COLUMBIA, TRlBAL LANDS, U.S. TERRITORIES AND
THE COMMONWEALTH OF PUERTO RlCO UNDER THE VIOLENCE
AGAINST WOMEN ACT, 18 U.S.C. 92265. IF YOU TRAVEL OUTSIDE OF
THE ST ATE AND INTENTIONALLY VIOLATE THIS ORDER, YOU MAY
BE SUBJECT TO FEDERAL CRlMINAL PROCEEDINGS UNDER THAT
ACT. 18 U.S.C 992261-2262. IF THE BRADY INDICATOR PARAGRAPH
APPEARS IN THE ORDER, YOU MAY BE SUBJECT TO FEDERAL
PROSECUTION AND PENAL TIES UNDER THE "BRADY" PROVISIONS
OF THE GUN CONTROL ACT, 18 U.S.C. 9922(G), FOR POSSESSION,
TRANSPORT OR RECEIPT OF FIREARMS OR AMMUNITION.
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdiction over the plaintiffs residence OR any location
where a violation of this order occurs OR where the defendant may be located,
shall enforce this order. An arrest for violation of Paragraphs I through 3 ofthis
order maybe without warrant, based soley on probable cause, whether or not
the violation is committed in the presence of the police. 23 Pa.C.S. 96113.
Subsequent to arrest, the police officer shall seize all weapons used or
threatened to be used during the violation of the protection order or during prior
incidents of abuse. The Cumberland County Courthouse shall maintain
possession of the weapons until further order of this Court.
When the defendant is placed under arrest for violation of this order, the
defendant shall be taken to the appropriate authority or authorities before whom
defendant is to be arraigned. A "Complaint for Indirect Criminal Contempt"
shall then be completed and signed by the police officer OR the plaintiff.
Plaintiffs presence and signature are not required to file the complaint.
If sufficient grounds for violation of this order are alleged, the defendant shall
be arraigned, bond set and both parties given notice of the date of the hearing.
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If entered pursuant to the consent of Plaintiff nd Defendant:
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Dawn M. Miller, Plaintiff
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vid Lopez, Es i
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, P A 17013
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Lawre~en, Esquire
Attorney for Defendant
1101 North Front Street
Harrisburg, PA 17101
Distribution to:
-MIDPENN Legal Services
Aaxed and Mailed to PSP..
/ -Lawrence Rosen, Attorney for Defendant
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OFFICE OF '!liE P~OI'HCN:lTMY
CUMBERLAND COONTY ())(JR11iOOSE:
CNE WlRTHOOSE SQUARE
CARLISLE. PA. 17013-3387
(717) :;!40-6195
FAX (717) 240-6573
V I ATE LEe 0 PIE R
TO:
PA STATE POLICE - Cellf. PI1I1e.(~~,. M, (J. /...S.
fAX ":
717-249-0779
F'RO>4 :
CURTIS R. LONG
RE:
PFA ORDERS
MESSAGE ;
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