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Home My WebLink About01-05926 __'.~..< , v'"" NORTH MIDDLETON TOWNSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW GEMINI SOLUTIONS, LLC, Defendant NO. 01-5926 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT TO: Curtis R. Long, Prothonotary Cumberland County Kindly enter Judgment in favor of North Middleton Township, Plaintiff, and against Gemini Solutions, LLC, Defendant, for want of an Answer and assess to North Middleton Township, Plaintiff, damages as follows: Amount claimed in Plaintiff's Complaint $ 9,500.00 Interest (6% per year) : From 4/1/01 to 4/19/02 $ 599.67 TOTAL $10,099.67 It is certified that a written Notice of Intention to file this Praecipe was mailed (delivered) to Gemini Solutions, LLC, Defendant, against whom this Judgment is to be entered, after the default occurred and at least ten (10) days prior to the date of filing of this Prae- cipe. The Notice of Intention to file the within Praecipe, along with the Certificate of Service, is attached hereto and incorporated herein. Date: April 19, 2002 B J ES D. B G R, ESQUIRE Pa. I.D. No 19475 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff North Middleton Township Judgment is hereby entered and Date: -4)t2.ll. '1 j .:It'''X>,,, Curtls R. Long Prothonotary .'~~-!l;~~)I'1 , . ~. - .."."~,,,.., ~.~'''~. " 1-" ~ ,~-"" - ., "~=---',,-"'''''''' NORTH MIDDLETON TOWNSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW GEMINI SOLUTIONS, LLC, Defendant NO. 01-5926 CIVIL TERM TO: Gemini Solutions, LLC 605 Beaver Street Sewickley, Pennsylvania 15143 DATE OF NOTICE: April 4, 2002 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 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: Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 B J ES D. BO Pa. I.D. N . One West Ma~ Shiremanstown, (717) 737-8761 Attorney for Plaintiff North Middleton Township ESQUIRE 475 reet PA 17011 1r~~:'IlI ~, ." . "" r - "'"",'- " ~ -......- '''" ..._-~-, '!"'~!!'Jili i ~i I'1M' w_ ,- CERTIFICATE OF SERVICE I, James D. Bogar, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individuals this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: Gemini Solutions, LLC 605 Beaver Street Sewickley, Pennsylvania 15143 Date: April 4, 2002 , ",{",,"'''','H~~~ "0. ~ ~~ ~, -""'.""J~ " ._- ..~ " I>",~!!'!~. '[r'''''- ~, '.'~ ,,,,~,,, "-,, , ',' "".. 'J~''''''f~I'!'i>'W.,'1''. ! ,,~~ . ~"' '1 -~ ~ L.S. Postal Service CERTIFIED MAil RECEIPT (Domestic Mall Only No Jnsulance Coverage Provided) .0' I1J r'I I1J ()saiitKL~ HlI1S1O postage $ ...34 ,11J . IT' r'I C] r'I C] C] C] . Certified Fee . Return Receipt Fee (Endorsement Required) ~flestrlcted Delivery Fee (Endorsement Required) o ' Total postage & Fees $ rt1 :'1 ~ _Th a r'I Gerf)Jni-5olu..h0Jl15 UV .._.._____________..____..__.....__.__.._.._____.._..__7..____._.________.-------..-..-.....--.- g street,A&.D6o~~o~;:e St- 12 ciiY;si;i;-zii>;4.;~.-----..-..-.-.-..(5i1-..--.-'i.5i.li.3-.---.-.-----..-....- .. -.. . . ~ , l' I-, !r " '''llllUl'ir'li'i'i'tm',fl'''lnr T"'J . i .'" I I~ill! il~MT"ll c ~ ~ 0 (~; ~ C I"<~ ~ 5... 8 ;:g~~ -- g.. -<<'-.. ~,-'-- ---:",. ;!---;..:'.,: - ~ a -<::: . I L~ ~ ...... ' . f! .' '-'> .~/ " ..t .' , ~ ---0 ~ .' ,.,. \""' - r;l ~ -- ~w. ..'... .!l..l~~r.~,~,__"""" ,," ",~5~",,~~~o.;!l11i*F#l~~~.-r~j;~0""i' -on,',". .,>"^ --":'P~;'~.*~:'~;-9.~':W,.w!-"'~~,'~:.r~->>,;;~ft~~,",~R,~~,~~ SHERIFF'S RETURN - OUT OF COUNTY CA~E NO: 2001-05926 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH MIDDLETON TOWNSHIP VS GEMINI SOLUTIONS LLC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GEMINI SOLUTIONS LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On March 26th , 2002 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 31. 50 3.00 71.50 03/26/2002 JAMES BOGAR :~::==7 R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me day of ~ this i.J t& ;iuv:b A.D. 0,~,,--- () nUI;,-,- tf' Prothonota'r 'i~':W"~"''''''''". , ." " 1. ~ ~ , " ~",.~;f'" S:,C?I/:' yJ r~-L:2A ' . ??ft~ ChJ/,;f: -- ALLEGHENY COUNTY SHERIFF'S DEPARTMENT ~. ~fr7j;f! /~. . ->- / . 436 GRANT STREET ~ '.[.U..{A--IL PITTSBURGH, PA 15219-2496 ",j CI::::>/ PHONE (412) 350-4700 v'). :_, /Dt-, FAX (412) 350-6388 DENNIS SKOSNIK PETER R. DEFAZIO Sheriff 7l.&ttJullJ -- J J J! .~ ~ _--Chief Deputy PLAINTIFF: IUlUUN. 1Yv../ CASE#: (J! ~ .5 '1c2h v , EXPIRES: :J SUMMONS/PRAECIPE ~I~~FA~~N o REVIVAL OR SCI FA o INTERROGATORIES iJ EXECUTION' LEVY OR GARNISHEE :1 THER DEiFT: DEFT.: DEFT,: GA ISHEE: ADDRESS: ~~~ __ . ;.. ,"" -." .'; .... ,; (:,',,,,",ie"cc' " ., : 1 .-' f:. ,J, ~.,' " " , . ,'"'" ',.,., , MUNICIPALITY OR CITY WARD: DATE: 20 ATTY'S PHONE: ~..,~~._,,- ".~ INDICATE TYPE OF SERVICE: J PERSONAL J PERSON IN CHARGE J DEPUTIZE :J MAIL :.J POSTED J OTHER J LEVY :.J SEIZED & STORED I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby deputize the Sheriff of County to execute this Writ and make retum thereof according to law NOTE: ONLY APP~ICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sh~riff levying upon or aUaching any property under within writ may leave same without a watchman. in custody of whomever is found in possession, after notifyirt9 'person of levy or attachment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such property baiore sheriff's sale therot. Seize, levy, advertise and sell all the personal property of the defendant on the premises located at: NOW: 20 MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER I hearby CERTIFY pRjJ ~N that on the \ L o'cloc , I h e served in the manner Described below: Defendant(s) personally served. :J Adult family member with whom said Defendant(s) reside(s). Name & Relationship :J Adult in charge of Defendant's residence who refused to give name or relationship. ~nager/other person authorized to accept deliveries of United States Mail rent or person in ch~~~~nt(s(~:ror u~e~~~. :J Other o Property Posted Defendant not found because: 0 Moved o Certified Mail ::l Receipt :) Regular Mail Why IFF'S OFFICE USE ONLY ay of M~<< d ~ ,20 D::?-al- .M. Address Above/ Address Below, County of Allegheny, Pennsylvania :J Unknown :] No Answer :) Envelope Returned :J Vacant 0 Other :J Neither receipt or envelope retuned: writ expired You are hereby notified that on , 19 , levy was made in the case of Possession/Sale has been set for , 20 at ( Y9U MUST CALL DEPUTY ON THE MORNING OF SALE/POSSESSION BETWEEN 8:30 . 9:30 A.M. ATTEMPTS ::"ll~~ I I I I I Additional Costs Oue Sl we P,-, , This is PETER R. DIEFAZIO, S placed on writ when returned to Prothonotary. Please chec!..~_ BY- before satisfyin9 case. - . Affirmed and subscribed '\ef" ore ''It ' this day of taPIR'. __ . !ofltSirRICT: ..:xf-//.-r--{:o(j ~1"L~:;'c' JWlGI3::: Copy. Sheriff o'clock Pink Copy. Attorney '--;"::'~""","'n~,m'W!!i!i~!I'jl'[~~~M<',(<$l"i":~1IiII (; ~ ~~,.. ~~ "' .~,~I\(I!)y, "~- ~ ,.' _ _"".'. ".'..J:4. " "/1' .;:::C-'ir'\:~:"'~7l'"'''' .....,'.,.. ". .... '7,'17":. r;;r:;;.7/!!;i;I:"d" "--i ,;-,' , j" t r..I...j'~ ,j , 'lJjA;ffi./ ;; (/~ ,,/,' " ..... -"'~ ALLEGHENY COUNTY SHERIFF'S DEPARTMENt .'/,,>'[';,',:;f/t / I ;.'J"<lk, '" .. - .~ 436 GRANT STREET . '" ll{ ,eV"N'/!..-r'k.1/ ' - PITTSBURGHf,P,lU'S219-2<196 ;)'?~i PHONE (412) 350-4700 I ) "") I D t) FAX (412).350-638lf DENNIS SKOSNIK .it'! n .. I '" _ . ,.., ,( (9~i~f Deputy ,_ I'll lJJo"{'Lj)/ CASI!:#: (./!..... v 10<.0 '" EXPIRES: v,,: :L'SUMMONS/PRAECIPE ''',a':;B~HE-OHP.OS,SESSION -- '.. ~~ANDrn~p~T o REVIVAL OR SCI FA o INTERROGATORIES o EXECUTION. LEVY OR GARNISHEE :.JlT,HER v~:t4t- ,'." ,~ J,'-, , , J;:';" 't,- . . .. PETER R. DEFAZIO , . -Sheriff"'. _ I ,/I! ,.. {:.,i.,.., ii'1fVllU :II;//lvf'''1 PLAINTIFF: / ; l.>L-l./I' / !t;l.,I--{,{.A..!..t..U~~j DEFT,,: I L DEFT: '-1 __ DEFT: , GAFlNISHEE: ADDRESS: I~ I ftth /' U'~ ' / II '.....-- I .(:/(YLI/JI../C ":}., &l?'IA)LL V / " : .. INDICATE TYPE OF SERVICE, /\ , I CtJ~K~~: ",'0 .. -- ... ,":~":;~ , r--~,-' ',,' '.:1' "k-" J PERSONAL J PERSON IN CHARGE ::I DEPUTIZE & . J:1~ ? ,.- i .. MUNICIPALITY OR CITY WARD: , i DATE: 20 i ATTY'S PHONE: I SS: :" .__r>!,' , _ ,ti.~' r' II ._,>0 ..~, ,-..;:, .." " ,,1.,.;'__<..<. ,_",~ ___ ::I. MAIL ::I'POSTED J OTHER :I.LEVY ::ISEIZED& STORED .-- NOW: 20 . _ "J>~ '..'" " I, SHERIFF'OF AlLEGHENY COUNTY, PA do hereby deputize the Sheriff of County te execute this Writ and make return thereof according to law NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or atta~hment, with out liability on the part of such deputy herein for any loss, destruction or removal of any such property before sheriff's sale th~rof. Seize, levy, advertise and sell all the personal property of the defendant on the premises located at: ,,,': MAKE MODEL . MOTOR NUMBER SERIAL NUMBER LICEf'j~E NUMBER I hearby CER'FIFY ~ ~N that on the \ / L o'cloc , I h e served in the manner Described below: Defendant($) personally served. :J Adult family member with whom said Defendant(s) reside(s), Name & Rel~tionship :J Adult in charge of Defendant's residence who re!useq!o gWenam~ Or relationship', . . e. . ~.. .... anager/bther personauthorized;tb,il(;cep.tdelilJeri~\onJiUted St!. tes Mi):ilL ".' :;' , ent or person. in char~ of Def6{l911nt(S) O.1TIffi\E e or 4~l pl~ce of.bus~i9'l;s. ~., ' .' '.. -:Jc..c:.1:tt \.IN. ~ <..e......:l Q Other ~, :J Property Postea Defendant not lound'because: (J Moved iJ Certified Mail ::l Receipt ::l Regular Mail Why day of ,20 C:::i~ .M. Address Above/ Address Below, County of Allegheny, PenRsywania , ::l Unknown ::l No Answer ;:l EnvelOpEl1'leturned ';./<' '/ ::l Vacant ::J Other ::l Neither receipt or envelope retuned: writ expired You are herebypotlfied that on, '19 . ' levy was made in the case of Possession/Sale has been ~!1t for , 20 at . ~,! yquiiUST CALL DEPUTY ON. TItE MORNING OFSALEJPOSSESSIO" E!~'l'WEEN 8:30 . 9:30A.M; ,ATTEMPTS ..;:, t \2:.L"'~"'~d_. . . . I .. I . . ,,[,th, I l~dditional Costs Due $ \ ~ - .~,..' This is PETER R. DEFAZIO, Jjb "iP1aced on writ when retlirned to Prolhonotary. Please check BY. 'before satisfying case~ ,. i . Affirmed and subscdbed beforel:l1e - ~f this day ot' t~ 20 ~ xf-'~M~' . Not~&. ,', ..,,- ...___~.~_~,,_----.-l-..,,~.__":~___":._~~... " o'clock DISTRICT: White Copy. Sheriff Pink Copy. Attomey ----..-...~ I~"" ,.-'-;- !-,......~ -J""-'~" .,,' , RetUrn this form to Cumberland County Sheriff's office. In The Court of Common Pleas of Cumberland County, Pennsylvania North Middleton Township VS. . Ganini Solutions LLC SERVE: Ganini Solutions LLC No. 01 5926 civil N March 6, 2002 ow, , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allp.ghpny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~~4'~ Sheriff of Cumberland County, P A Affidavit of Service Now, , 20_, at o'clock M. served the within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ ",,","~'WM(lrI:''''''''' ,." , ~ ,. -- , - ,~-~~~. ~" .--. - ~- . " , , -""~~~,,,,.'" L- NORTH MIDDLETON TOWNSHIP, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW GEMINI SOLUTIONS, LLC, Defendant NO. 01-5926 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO: Curt Long, Prothonotary Cumberland County Please reinstate the Complaint filed in the above-captioned matter. Date: March 1, 2002 og r, Esquire Pa. I.D. o. 19475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, North Middleton Township .. /,~!" ;:~-"". --:" ;'".':-;'Jo":'7> " ,-'~""'---- -. -':~""'~--__' ' --:-:"'_-'_I~ ____f'_ ..' . !"" J",:".~"".,"l~' __^ " "']," ,~. .", o ~,~ <','_ .. ~.. ~~, " ,,.,,. _~ __,' .," , " ~o " 'lii!",__..~=,_ .~ ~, ",. '" ,'~.' .,,"".-0" ~",- .T-~'" -"'''!<''~1f-...''O',,!P,,>?,,~i!!,,,,-,,= -, "'^"' .~''->''''' "'=""'.> ,~<~ "<, "..~,~.~-~ () CJ Ci c: f'-' . . ~ ':1l: .'0 W T;'~ m n ..::'.) '7 -- Z i~-" en}> -< -' r'c ~= < )>_. zt_.. --c co Pc Z --, -< co no Dr---- t5 'BIj ,k~'1,h \"'~k""'~'''1,,~~,~,~llol~~~~,.<,, '. Ti:..,~,~? I " ... . ..-, SHERIFF'S RETURN - OUT OF COUNTY Ch~E ND: 2001-05926 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH MIDDLETON TOWNSHIP VS GEMINI SOLUTIONS LLC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GEMINI SOLUTIONS LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On November 13th, 2001 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 32.00 3.00 72.00 11/13/2001 JAMES BOGAR so.~.ns.~e . ~...~ .//'//- .~ . ~' R~;T> omas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this .21..!:: day of ~ ::L-tml A.D. ~'- Q tn,if,u 'ft7f Prothonotar1 p,if.."'l'1::"",,~~"f"~ >, . ,,~ "','" , ,.,.~~ ,lllllll l~-" '~#''''''P fl~'~.~~~~~ 'I ,~.. ~~ .... AI,..., ")',,, (~",,!<7 ~L ~ ~ ~~ '<:..-I~ tit::.. , ' , SE IIi Th(; Court of Common Pleas of C~":,b~~~~Ou~nnSYlvania North Middleto~s~ownshiP" I ~v '-a <t7 \ lfq Ca ~ Gemini Solutio~:...LLC : same ~?&'4 \~~Sl No. 01 5926 civil ~ S€>>)~'-\ ,~ VS\L4) October 15, 2001 , I, SHERIFF OF CUM:BERLAND COUNTY, PA, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk ofthe Plaintiff. ~~~~ Sheriff of Cumberland County, PA Affidavit of Service Now, a C2--+ ~l ,2001 , at ~'clock A--t1. served the within upon at No "5-D'X..Jt ~E /ldavzD ,auI- MA-6~ .l UkYJlus by handing to a copy of the original and made known to the contents thereof. NOTARIAL SEAL Sheila R. O'Brien, Notary Public City of Pittsburgh, County of Allegheny My Commission Expires June 19, 2004 .- '''''.,~,~-=,~ _.t Sheriff of "A COSTS SERVICE Qrl-"t:;D MILEAGE AFFIDA VI:\ 0,00 (~'-l) aJ}J?,PA $ So answers, Sworn and subscribed before me this day of , 20_ -:NOV 0 4 2001 $ 6S'CO "\~!!! en', " ,,~. .... ~ ~ r ..."..,. "- ,: ,~_~->!Ill SHERIFF'S RETURN - OUT OF COUNTY ~ w CASE NO: 2001-05926 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NORTH MIDDLETON TOWNSHIP VS GEMINI SOLUTIONS LLC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GEMINI SOLUTIONS LLC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of ALLEGHENY County, Pennsylvania, to serve the within COMPLAINT & NOTICE On January 25th , 2002 , this office was in receipt of the attached return from ALLEGHENY Sheriff's Costs: Docketing Out of County Surcharge Dep Allegheny Co Notary 18.00 9.00 10.00 31.50 3.00 71.50 01/25/2002 JAMES BOGAR so~ R. .omas Kline Sheriff of Cumberland County Sworn and subscribed to before this 3D l& day of0~ JD1J2- A.D. 0ra.~,~, Prothonotar me ~"'"'IV~:W;'~J!f,,,,,_~,, , jl,U. ~,,...,,," . -~~.-~...," .~-~, ~, . ..., .p .. " . \~C1~~ In The' Court of Common P-leas of C~mbe'rland County, ~nia ~ North Middleton Township VS. Gem;ini Solutions. LLC Gemini J,golutions. LLC ~bi~~ut~S ~1E 1:L\ No. ~?bU.s. pp., \ b\D ~ 01 5926 civil s December 26, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Allegheny County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ,.."..,/ P"~ ~~~ 4"~..i----f" , Sheriff of Cumberland Couuty, PA Affidavit of Service Now, 1- Cf- 02 , 20 DL.-at ~ 0 'clock + M. served the N 0 SeeVH.~ fYlAJJr: within upon 1J 0 <)~ut ~vS-j,n~&.S f}-r ~S ~5.s, at Nee/) ~7rtfl., ~ &.S by handing to _ a copy of the original and made known to ':jaI18~O (; UOHal::liJS~ elue^ hSUU 'Ja we vOQ? '1') ~ aunr S9JldX3 UO!SS!WWOO ^V\I .{J,U0<)Q AualJ;6all\l' qBmq~md)O NIO )IIQnd Alo?lON 'U9p8.0 tl'e\!a4S leas le"B\ON the contents thereof. So answers, 9 .~ \.- /; , .)1 J.,." . (LIl ' ,u," .;,? ~ < . :r,.}')ri-H' l h~~r" / ~ """"'f 11 '-" Sheriff of ~ . County,PA Sworn <aid subscribed before .me this_ day of J4N L5__ _ML~~ U&w.,r COSTS SERVICE MILEAGE AFFIDA VIT 'sLSb $ 30D $ 3Lf .S2J . 1-,'G.'.~",":;;''';;'';;''~'''1-' ,~ ., . I ' . ,"!_~,Il!l! '0 NORTH MIDDLETON TOWNSHIP, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW GEMINI SOLUTIONS, LLC, Defendant NO. 01-5926 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT TO: Curt Long, Prothonotary Cumberland County Please reinstate the Complaint filed in the above-captioned matter. Date: December 21, 2001 , Esquire Pa. I.D. No. 475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, North Middleton Township , ,"."F'l-"';-"'~!:m'I'Ie~ ~ ''''!"'J'<'"__~ . , -. -~ - w ~, "'~'''''~''~~,,'''" <" ~>". '~"-'~-<Cd--,'~';~"UU.$i"'''''' -~ (mn~_~~r[!t;'~~'!'i;'\t~~~,".. ,~,~ __~" __ ~,I__~~ ~',~' ~~~,:",-",~,-"",..;"'--"" fl11U 1[1. iTTi!mniIrrl_'liii1lif~'~f'fil"j'" 8 "" ~fiJ mq! Z-v fi5i ~t~i :!Eo :S8 ;z: =< ':9 ,'" N o - C) ~f'~ o ", ('") "V t-H;IJ ~',~ J~iq , ' "'~ "', ~- , ;n. ..... - 4f 0/ U!"";l'!-m:';E~,,!..~"tR',,r*~~~>1i'jjjjffi'Hi;;~~I~'JIli!,,; ,",' ~~ n NORTH MIDDLETON TOWNSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW NO. Of-59.;) 0 CIVIL TERM GEMINI SOLUTIONS, LLC, Defendant 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 are served, by enter- ing a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 B B ga , Esquire Pa. I.D. No. 9475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, North Middleton Township ":,i1i:rt-%}I<}" ", "'" """"" ,. "-,,y "'"" ~p ',~ " ~. """"., ' ,"' " "" ~"'" :''In lfI I NORTH MIDDLETON TOWNSHIP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW GEMINI SOLUTIONS, LLC, Defendant : NO. {!)J-6CJ;2CpCIVIL TERM COMPLAINT North Middleton Township, plaintiff, by and through attor- ney, James D. Bogar, Esquire, respectfully represents as follows: 1. Plaintiff herein is North Middleton Township, a Pennsylvania Second Class Township, having its principal office and a mailing address of 2051 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant herein is Gemini Solutions, LLC, a foreign limited liability company, authorized to do business in the Commonwealth of Pennsylvania, having its principal office 845 Fourth Avenue, suite 212, Coraopolis, Allegheny County, Pennsyl- vania 15108 and a mailing address of 434 Beaver Street, Sewickley, Allegheny County, Pennsylvania 15143. 3. In accordance with a Proposal made by Defendant, said Proposal being dated December 7, 2000 and accepted by Township on December 11, 2000, all of which occurred in Cumberland County, Pennsylvania, Defendant agreed to install at the offices of North Middleton Township, as above-referred to, its "Municipal Office 2000" software program, along with supporting products and, further along with training, maintenance, updates, installation, ""':rw~~" "',' -'-" ~~~" 'C"' ~ "T ~ " , "nJ delivery and set-up. A true and correct copy of the Proposal is attached hereto, marked Exhibit "A" and incorporated herein. 4. Defendant, despite repeated attempts, has not been successful in fully implementing the Municipal Office 2000 software program, along with supporting products, training, maintenance, updates, installation, delivery and set-up, all as warranted and represented by Defendant. 5. Plaintiff, pursuant to the Proposal, paid the amount of $9,500.00 to Defendant. 6. Defendant was obligated to fulfill its obligations with respect to having successfully implemented the installation and functioning of the Municipal Office 2000 software program and related items, all on or before April 1, 2001. 7. Defendant not was successful in implementing the installation and functioning of the Municipal Office 2000 soft- ware program and related items, by April 1, 2001, as warranted, represented and promised. 8. Despite Plaintiff's repeated demands, Defendant has failed and refused to refund, in full, the amount of $9,500.00 to Plaintiff. COUNT NO. 1 - BREACH OF, CONTRACT 9. The averments of Paragraphs 1 through and including 8 hereinabove are incorporated herein by reference thereto. 10. Defendant did not fulfill its obligations under the Proposal dated December 7, 2000 in that it failed to install its 2 j ""fJ!~'-, ,"~~",~ '"",^~C'." . " .,,~. ~~-='-T"'"" I ,-- , ...~~.~" -'f! 'r"~ ,,~, .1 Municipal Office 2000 software program, along with supporting products and, further along with training, maintenance, updates, installation, delivery and set-up, said installation to be completed and the programs to be up and running on before April 1, 2001- 11. To date, the Defendant, despite repeated requests and demands by Plaintiff, has not refunded the amount of $9,500.00. WHEREFORE, Plaintiff demands judgment against Defendant, Gemini Solutions, LLC, in the amount of $9,500.00, plus interest at the lawful rate from April 1, 2001, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 2 - OUANTUM MERIT/IMPLIED CONTRACT 12. The averments of Paragraphs 1 through and including 11 hereinabove are incorporated hereby by reference thereto. 13. Despite repeated requests made by Plaintiff, Defendant has not fulfilled its obligations under the Proposal dated December 7, 2000 and, further, has not made a full and complete refund to Plaintiff in the amount of $9,500.00. 14. By reason of Defendant's inability to satisfactorily install the software program such that it would be up and running on or before April 1, 2001, Defendant impliedly promised to return, in full, the amount of $9,500.00 as paid by Plaintiff. 3 -"'<<,",j"W"""!:',!~<u ,"'~ > ,__.~,' ^I"~ __~" "M'. , , ~=...,"'" ~. WHEREFORE, plaintiff demands judgment against Defendant, Gemini Solutions, LLC, in the amount of $9,500.00, plus interest at the lawful rate from April 1, 2001, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 15. The averments of Paragraphs 1 through and including 14 hereinabove are incorporated herein by reference thereto. 16. Defendant obtained from Plaintiff the amount of $9,500.00 as set forth herein. 17. Defendant did not provide the software programs, nor perform the services set forth and promised in its Proposal of December 7, 2000, all on or before April 1, 2001, and, further, did not, despite repeated requests, return, in full, the amount of $9,500.00 to Plaintiff. 18. As a direct and proximate result of Defendant's refusal to perform its obligations and, further, to refund the amount of $9,500.00 paid to it by Plaintiff, Defendant has been unjustly enriched in the amount of $9,500.00. WHEREFORE, Plaintiff demands judgment against Defendant, Gemini Solutions, LLC, in the amount of $9,500.00, plus interest at the lawful rate from April 1, 2001, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. Date: October 12, 2001 ~';-Mif'*!.~1. .', _'C' ,....,"'"~~ ~ 1 w~,~, c"<'.". " ',. ~"~;'::::.;;~\~'~~~:',r(,: .",~.. . , "'" '. ~ ~, , December 7, 2000 Mr. Robert Shearer Township Supervisor . North Middleton Township 2051 SpriDgRoad CadislcPA 17013. RE: ~nniciplll Office 2000 Dear Bob: Geiiuni SolutiOns is pleased ~ submit this proposal for the installation of our "Mlmicipal Office 2000" software at North Middleton Towusbi.p: Unlike other programs that "nm in a W'mdows environment", Our programs were designed and written for Wmdows 9S/98/NT and. 2000. DOS programs that "run in an old Wmdows environment" will probably not run '1."_ ft> 'nr. .i_ '''''''' ._......___'..._._.'.. on ~.......uSO 5 1m!l..n!O"'~-.....".".. _.. ......._...u__.._.__. _.._ ._.... ...._ .__ ----- ..,.- .~-".-._,,~...~--~ .__.__._-~.._.._~.... ."-.' -. - -~----_.._~----_... '. . Gemini Solutions' "Municipal Office 2000. was developed by some of the ~ experienced software developers in the iDdustry using the latest technology. We are dedicated to using our bo1I\Iledge and talent to bring you the best quality Wmdows 95/98/NTf2OOO.based software lMIiIab1e anywhere for local govemmMts. In addition, our other integrated Wmdows 95198/NT12OOO products - "Gold Shield 2000", "T<n: Office iooon and .Utiltty OjfiC4 2000" -ofrer a complete integrated &Uite ofproducts for local governmCDt. Gemini SOIutiOIlS can provide your IIIWIicipality with the following: . 1. "PiDallcW Offlre 2000" . This system will be imeracti.ve with an payroll infotmation II1tO~I'-tIIy entering the accounting module. The system will meet all state requiremc:ats fur auditing and reporting. It provides the ability to trade and pay vendors without redundant data. \!IItty. The system iudJ'dcs: """"''''" . receivable, 8CCOlIJ$ payable, general ledger, budget prepaotion, open finandal reporting and a -'1Ilm connection to Word word pfOl".....<ifIg. The system will be evolving through an ite/:ative process witb your IIlIllIlicipality providing input as to the appropriate modificatioos. . FinaDcial Office 2000 . Base Price AdditiOllal T .~. 3 @ $1,200 each Total Fmancia1 0f6cc 2000 Price $5,000 ..s3.600 SI,QIO . . EXHIBIT "A" r.'>'~'1'i'\'f"~'_"',M. " ~.i^ 0' I' M"I . , ~,,,,,,,"~-"" , .~.~. ~ , P.'-I . . . .\- ",yr<;;:~,-, '"fn!'J~ I. 1.1 """';,~'f.'1:'''',c~':o:X;''';' '~'_"9,,,i~~:' r".' Dec:e.mber 7, 2000 . . North Middleton Towasbip Page 2 " 2. TeleeollllllunieatiolllSoftware. PC Anywhere provides a te1ecolllUllUlications link by which your system can be accessed and run remote for update and . modification putposes.. This p....pge wiD. also a1low authorized persons with the proper ~rd clearance to access the system to perfoo:o. their. duties from a remote site if the need arises.. . . S 150 TraiDiIlg - Two (2) days ofttaining for CUIIent employees in the use of GemiDi SolutioUs' software CompoltCl1tS of the system. Because 0tIf system is designed to be user-1iiendly and incorponites on-line dOcumerrtation, we have fOlllld that this prowdes more than the average time ~suy for sui-~.l implementation of out software. This training will be , . COft\P''''PJi based on a mutually conve:aient riecMc. 3. The program price also includes UDIimited We. modem, Iatemet and/or ton-free phone support. Additional training can be provided, it' oec"'"1\y. at the cost of $125 all hour, including travel time. 4. MainteJwace Uld Updates ~ of the Gemini SolutiOll5' software as loll8 as it is in ,........ _.._..,..,.P.9~m..9AQf.,and.in..ust:hJJ"'''' ""V'Ici.P"lity. -...-....- ....-....... .-- .-..,~....-...........- .-. . . .-. ........-......,..., 5. InstaIbtioD, Delivery & Setup . Includes diagnostic services on all Gemini system components. $750 Gemini SO.lutiops aglees to 'provide these services for the tota1 sum of TOTAL SYSTEM l'RICE S9.so....9 The price afthe system is contingent,upon your IDUIlicipaIity having a Q1inimllm of a 28.8 kbt modem with a separate lIlodem phone line installed on your system priOf'to the installation of the Gentini software.. The system price reflects 2000 pricing which will be effective through 200 1 with a SOO/a deposit. Gemini Solutions can begin installation within thirty (30) days of tea:ipt of a sigued proposal from your municipality. Payment terms fot the balance are COD. We 'also have an 8lIIIII81 data 1'n.int~R""'.e fee that (Overs tecove.tyot RlCODStruction at data conupted or lost due to ~ such as human data eotry eaor or hardwire or power problems. The fee,wiJI be $2,195 fOt 2001. We will prorate and bill separately for the 2001 ~ .....!nt....""Ce fee'based on the insta1Iation date with,payment duc within 30 days of IJ1-DMlOD. We have attached a copy of our 2001 asr=nent to give you all idea ofwhat is covend. , ~'.' ';"'"""," 1 l'" IT " , ~" --, ''!~ ~~- 1~ "',n ",-""~y""..,,--,-,, "~~--"";'?'<<-~~"'!'i'~,;'~''i'':'''' "1" ~-.~f~:"~~",?"<,.,."..:,,,!,:J'.r~~i; .;:" }'.' "':~"~~~~.y-;" December 7, 2000 'North Middleton TOWDShip Pige 3 Gemini Solutions is proud to oft"er your muuicipality the finest tools that modem teclmoJogy makes available. Please can if you have any questions or Deed any clari6catio~ on tlQ proposal. We look forward to hc;aring ~ you. Sinc:emy, 0' /' Scan w. Fadzen President SWFlta Vlll FaX and US Mail with enclosures ACCEPTED: TITLE: '_,,' _,,",__n.. p'~TI;; .._", .lrA-vU.U.."..".. ",,'oo , ., - ,'... "0' ... '0 "". _" ,". .....0..':_ "0"" ,.....".~ 1,',C'",'$!,~~"". .",',0, '"~. ' ',. . 1I'il"!, "'~ " -- I VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. section 4904, relating to unsworn falsification to authorities. DATE: October 12, 2001 NORTH MIDDLETON TOWNSHIP 1Jwu1 ~. Deborah A. Steffee Township Manager "e',:'Ol'~"~,~~",, 'J~>,.. r,' -^~~, !'. ..,...,~. ~ ~ Jj/ -:1 .. """"""" < ~ ~ ", ~~ -RJ D d) -t -I: S; <p 1i-l\!!!mIJ~ 1ll;[~'Ti, ~"',""'.',"~""~~~, ,~ '" "'~,- n,~., ~.~, ,.~ ""'I' "'i'I'IIIlII'II""'.ll.":"'["'j~'''''''"''Y!'' ~",~,w",','",,"~,~,,,c,,,"'-<~".'"'~i...';&"'*',&c",_,,,~,, =< ~.. II!! " . I'" __11""1 Ii! ~ ~ 'tg ~ ~ ~ ~ p -, (') 0 c <::: "'Ute tpg, Z.\..,..~ 1'0 (/)7: ~--l ,<v ~o :;i>g z =< ~'<;;"'"~'":lg;'f,c',,,~;,,,,:,:,,-, ,~u~ Jrm;,~~~,~.. ,', -.~ o ("') -< C) -n ::1"~'~"n rnf-':::: ,-, ::~:~; f:'; ,,',~ -r , --'(-) ::;1.=-\1 '~~ :!O =< -0 :;It: N .. ':Jl N .., :' , .- "'O<t'---I: ~ ;lC . 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