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LIST INDUSTRIES, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. V - Y236 C{?
MASTER MANUFACTURING
INDUSTRIES, INC.,t/d/b/a : CIVIL ACTION - LAW
M. M. INDUSTRIES, INC.
Defendant
NOTICE TO DEFEND
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 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 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717-249-3166
LIST INDUSTRIES, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO.
MASTER MANUFACTURING .
INDUSTRIES, INC.,t/d/b/a : CIVIL ACTION - LAW
M. M. INDUSTRIES, INC.
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, List Industries, Inc., by and through its attorney,
Anthony C. Busillo, II, Esquire, of MARKOWITZ & RICHMAN, and files this
Complaint and avers as follows:
1. Plaintiff, List Industries, Inc. ("List Industries"), is a corporate entity with
offices located at 401 Northwest 12th Avenue, Deerfield Beach, Florida.
2. Defendant, Master Manufacturing Industries, Inc., t/d/b/a M. M.
Industries, Inc. ("M. M. Industries"), is a Pennsylvania corporation with a place of
business and/or registered office located at 142 Reno Street, New Cumberland,
Cumberland County, Pennsylvania.
3. Based on the information contained in a Customer Credit & Data Sheet,
List Industries' believes and therefore avers, that the Officers of M. M. Industries are R.
Sharma, President, S. Sharma; Vice President and A. Rhodes, Controller. A true and
correct copy of the Customer Credit & Data Sheet is attached hereto as Exhibit "A" and
incorporated by reference.
4. On or about April 8, 1998, M. M. Industries completed a Customer Credit
& Data Sheet (Exhibit "A") and forwarded it to List Industries for the purpose of
inducing List Industries to serve as a vendor for M. M. Industries by supplying material to
M. M. Industries' customers.
Count I
Account Stated
5. The averments made in paragraphs 1 through 4 above are incorporated
herein by reference.
6. List Industries has rendered to M. M. Industries a statement showing that
up to and including November 4, 1998, there was a balance due and owing to List
Industries in the sum of Eight Thousand Five Hundred and Ninety-four Dollars
($8,594.00). A copy of the November 4, 1998, invoice to M. M. Industries is attached
hereto as Exhibit "B" and incorporated herein by reference.
7. By letter dated March 23, 1999, List Industries advised M. M. Industries of
its intention to file suit in this matter, as well as providing M. M. Industries with an
opportunity to dispute any portion of this debt. A copy of the March 23, 1999
correspondence to M. M. Industries is attached hereto as Exhibit "C" and incorporated
herein by reference.
8. M. M. Industries has agreed and not objected to the amount set forth in the
demands for payment referred to in paragraphs 6 and 7 above.
9. An account therefore has been stated between List Industries and M. M.
Industries as set forth on the statement attached hereto in the amount of Nine Thousand
Fifty-one Dollars and Ninety-seven Cents ($9,051.97). (Exhibit "C").
10. Despite repeated demands, M. M. Industries has failed and refused to pay
all, or any portions of the balance due and owing to List Industries, as reflected in Exhibit
..C„
WHEREFORE, Plaintiff, List Industries, demands judgment against Defendant,
M. M. Industries, in the amount of Nine Thousand Fifty-one Dollars and Ninety-seven
Cents ($9,051.97), plus interest commencing March 23, 1999, until judgment is entered,
costs of this action and reasonable attorney's fees incurred in the processing of this claim.
Count II
Breach of Contract
H. The averments made in paragraphs 1 through 10 above are incorporated
herein by reference.
12. By ordering the materials set forth in Exhibit "B" from List Industries and
directing that same be shipped to its client under the line of credit requested in Exhibit
"A", M. M. Industries entered into a contract with List Industries.
13. As of March 23, 1999, M. M. Industries owes List Industries the sum of
Nine Thousand Fifty-one Dollars and Ninety-seven Cents ($9,051.97).
14. Despite repeated demands, M. M. Industries has failed and refused to pay
List Industries all or any part of the outstanding balance owed to List Industries.
WHEREFORE, Plaintiff, List Industries, demands judgment against Defendant,
M. M. Industries, in the amount of Nine Thousand Fifty-one Dollars and Ninety-seven
Cents ($9,051.97), plus interest commencing March 23, 1999, until judgment is entered,
costs of this action and reasonable attorney's fees incurred in the processing of this claim.
Respectfully submitted,
DATE: 8Iv1g9 46"U
Anthony C. Busillo, 11, Esquire
MARIKOWITZ & RICHMAN
Supreme Court ID #29961
27 South Arlene Street
Post Office Box 6865
Harrisburg, PA 17112-6865
(717) 541-9475
LIST INDUSTRIES, INC.,
Plaintiff
V9.
MASTER MANUFACTURING
INDUSTRIES, INC.,t/d/b/a
M. M. INDUSTRIES, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
VERIFICATION
I verify 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.
Section 4904 relating to unworn falsification to authorities.
Gregory Louden
I'WK-Ge-1777 li•e. LAW lNLXJblKlt7 lNt- 554 428 3843 P.02/04
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NVOICE DATEs 11/04/1998
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CUSTOMER NO: MMI100
CUSTOMER PH. 717-774-884 ? 10 : 198037
BILL T0: OUR ORDER 069162^000000-0000
0
M-M. INDUSTRIES, INC.
142 RENO AVENUE MCCOY BROTHERS INC
NEW CUMBERLAND PA % ST CATHERINE LABOURIE SCHOOL
17070-2045 4020 BURY ST ATT MIRE STUM
HARRISBURG PA
17111
TERMS: CASH 441: 111498 DISC: 171
86
CASI4 #2: DISC: . SHIPPED: 11/05/1998
SHIP VIA: YELLOW/WPB2502871303
YOUR CUSTOMER REP IS: ETC SIi IPMENT NOt 013576 REF: 1
PRO NO:
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ORDERED SHIPPED 8.0. NUMBER
UNIT PRICE
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FILE COPY
TOTAL P.04
SANFORD R. LEVY
JUDY K. BROWN
OFFI • A AN{ Fe
DOLORES EVANS
. Washington/Calirot=t Bus
LEvY & AssoclATES, P.S.
ATTORNEYS AT LAW
Westlake Center
1601 5th Avenue, Suite 2370
SEATTLE, WASHINGTON 98101
(206) 626.5444
FAX (206) 382.5527
SENT CONCURRENTLY BY FIRST CLASS AND
CERTIFIED MAIL RETURN RECEIPT REQUESTED
March 23, 1999
R. Shanna, President
M.M. Industries, Inc.
142 Reno Avenue
New Cumberland, PA 17070
Cert. Mail No. Z 465 114 569
Our File No. 1368.002100
1-7: NOTICE OF INTENTION TO FILE SUIT
ON PAST DUE ACCOUNT
Dear Mr. Sharma:
t F .AI ACUU M
TED LEVI'
ROBERT L24DQUIST
JESSE PARKER
KARYN WEBB
This office has been retained for the purpose of collecting a debt owed by you to List Industries, Inc.
Although we are prepared to commence a lawsuit immediately, our client has asked that we send this demand
for payment. The amounts due are shown below:
Principal 58,594.00
Interest S307.97
Attorney Fees $150.00
Total Due 59,051.97
If you choose to dispute any portion of this debt, including the materials and services provided, you must do
so in writing immediately. Please forward any such documentation directly to this office, by certified mail.
All correspondence and phone calls relating to the collection of this debt should be directed to Levy &
Associates, P.S. I will assume, in the absence of a written response, that this debt is valid and binding, and
that there are no offsets, back-charges, or other credits due on the account.
This is your final opportunity to pay the debt prior to suit. If you choose to take advantage of this offer we
must rece your payment in this oH'ice within seven (7) days of the postmark of this letter. On behalf of our
client, I wish to thank you in advance for your cooperation and attention to this matter.
Very mdy yours,
LEVY & ASSOCIATES, P.S
/?r "14--l
Karyn Webb
Legal Assistant
cc: List Industries, Inc.
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102595.98.G4=9 Dnmwatic Rwturn Rurcinf
LIST INDUSTRIES, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99 - 4736 Civil
MASTER MANUFACTURING
INDUSTRIES, INC.,t/d/b/a : CIVIL ACTION - LAW
M. M. INDUSTRIES, INC.
Defendant
PRAECIPE FOR ENTRY OF JUDGMENT BY
DEFAULT FOR FAILURE TO PLEAD
TO THE PROTHONOTARY:
Enter judgment for want of an answer for Plaintiff and against Defendant above
named only and assess damages certified to be calculable as a sum certain from the
complaint, as follows:
Principal $9,051.97
Interest (from 3/23/99) $ 407.34
Costs:
Court costs (filing) $ 45.50
Sheriff s service $ 34.06
TOTAL $9,538.87
Plaintiffs address is List Industries, Inc., to the attention of Gregory Louden, 401
N. W. 12th Avenue, Post Office Box 9601, Deerfield Beach, Florida, 33442.
Defendant's last known address is Master Manufacturing Industries, Inc., to the
attention of R. Sharma, President, 142 Reno Street, New Cumberland, Pennsylvania,
17070.
Understanding that false statements made herein are subject to penalty under 18
Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verify that:
The above are the precise last known addresses of the parties.
y`r
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2. I certify that the annexed notice of intention to file praecipe was mailed to
Defendant (no appearance on behalf of Defendant has been filed with the Court) after
default occurred, and at least ten days prior to the date of filing this praecipe.
3. The said Defendant is a Pennsylvania Corporation, thereby rendering
inapplicable averments concerning age and non-military service.
/Anthony C. Busillo, II, Esquire
MARKOWITZ & RICHMAN
Supreme Court ID #29961
27 South Arlene Street
Post Office Box 6865
Harrisburg, PA 17112-6865
(717)541-9475
Attorney for Plaintiff
JUDGMENT BY DEFAULT ENTERED AND
DAMAGES ASSESSED AS ABOVE; NOTICE
GIVEN UNDER Pa.R.Civ.P. 236
OPROTHONOTARY
LIST INDUSTRIES, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99 - 4736 Civil
MASTER MANUFACTURING .
INDUSTRIES, INC.,t/d/b/a : CIVIL ACTION - LAW
M. M. INDUSTRIES, INC.
Defendant
PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO: R. Sharma. President, Master Manufacturing Industries. Inc.
Date of Notice: November 24. 1999
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:
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
717-249-3166
Anthony C. Busillo, II, Esquire
MARKOWITZ & RICHMAN
Supreme Court ID #29961
27 South Arlene Street
Post Office Box 6865
Harrisburg, PA 17112-6865
(717) 541-9475
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LIST INDUSTRIES, INC., : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 99 - 4736 Civil
MASTER MANUFACTURING .
INDUSTRIES, INC.,t/d/b/a : CIVIL ACTION - LAW
M. M. INDUSTRIES, INC.
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on this day of v 2000, a true
and correct copy of the foregoing documents were served on the fallowing person by
United States Mail, postage prepaid, addressed as follows:
Master Manufacturing Industries, Inc.
R. Sharma, President
142 Reno Street
New Cumberland, Pennsylvania, 17070
Anthony C. Busillo,11, Esquire
MARKOWITZ & RICHMAN
Supreme Court ID #29961
27 South Arlene Street
Post Office Box 6865
Harrisburg, PA 171 12-6865
(717)541-9475
R'
Y
LIST INDUSTRIES, INC.,
Plaintiff
VS.
MASTER MANUFACTURING
INDUSTRIES, INC.,t/d/b/a
M. M. INDUSTRIES, INC.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 99 - 4736 Civil
CIVIL ACTION - LAW
NOTICE OF ENTRY OF JUDGMENT
TO: Master Manufacturing Industries, Inc.
R. Sharma, President
142 Reno Street
New Cumberland, Pennsylvania, 17070.
You are hereby notified that on.Jt?A ?) 7 , 2000, the following
Judgment has been entered against you in the above-captioned case:
Judgment in the amount of $9,538.87
S _
PROTHONOTARY
I hereby certify that the name and address of the proper person to receive this
notice is:
Master Manufacturing Industries, Inc.
R. Sharma, President
142 Reno Street
New Cumberland, Pennsylvania, 17070
5 Afithony C. Busillo, 11, Esquire
ARKOWITZ & RICHMAN
Supreme Court ID #29961
27 South Arlene Street
Post Office Box 6865
Harrisburg, PA 17112-6865
(717)541-9475
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04736 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LIST INDUSTRIES INC
VS.
MASTER MANUFACTURING INDUSTRIE
CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworna cording
to law, says, the within COMPLAINT was served
upon MASTER MANUFACTURING INDUSTRIES, INC the
defendant, at 18:20 HOURS, on the 11th day of August
1999 at 441 SIOUX DRIVE
MECHANICSBURG, PA 17055 CUMBERLAND
County, Pennsylvania, by handing to RAAJAHN SHARIMA-WIFE &
LEGAL ADULT RESIDENT IN CHARGE
a true and attested dopy of the COMPLAINT
together with NOTICE
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers:
18.0
?., P.
8.06 6
.00 ???s?.r? Q
8.00 x' I omas ink TKT`e7, SYze i
S34--TZ-MA KOWITZ & RICHMAN
0812/1999
by
Sworn and subscribed to before me
this 1.2 ?- day of > -
199 A. D.
n
peri
rotnonotary
IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
CAPTION:
LIST INDUSTRIES, INC.,
Plaintiff
VS.
MASTER MANUFACTURING
INDUSTRIES, INC., t/d/b/a M.M.
INDUSTRIES, INC.,
Defendant
TO THE PROTHONOTARY:
( ) Confessed Judgment
(X) Other- Default Judgment
File No. 99-4736 Civil
Amount Due $9,538.8
7
Interest at 6% from 1/27/00 - $429.3
0
Atty's Comm N/A
Costs 253.56
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession ofjudgment, but if it does, it is based on the appropriate
original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act
6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt,
interest and costs, upon the following described property of the defendant(s): Any and all personal
property, including. but not limited to: equipment vehicles office furniture and furnishin ? flin
cabinets, computer equipment stock tools and/or other inventory. Defendant, Master
Manufacturing Industries, Inc., t/d/b/a M. M. Industries, Inc. ("M. M. Industries"), is a Pennsylvania
corporation with a place of business and/or registered office located at 142 Reno Street, New
Cumberland, Cumberland County, Pennsylvania.
DATE: Ctl L Signature: 0 !W
21nthony C. Busillo, 11, quit
Supreme Court ID No.: 29961
27 South Arlene Street, P.O. Box 6865
Harrisburg, Pennsylvania 17112
(717) 541-9475
Counsel for Plaintiff
n
12
a
3
y Y
R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned ABANDONED, NO ACTION TAKEN IN 6 MOS.
Sheriffs Costs:
Docketing $ 18.00
Poundage .95
Advertising
Law Library .50
Prothonotary 1.00
Mileage 18.20
Misc.
Surcharge 10.00
Levy
r.m Post Pone Sale
Garnishee
4 8.65
v?
0
Advance Costs: $ 150.00
Sheriffs Costs: 48.65
101.35
Refunded to Atty on 10/4/01
Sworn and Subscribed to before me
this /.,t aday of Ocz ? 'Ow
2001 A.D.
prof tonotary
A:
-o
.rz
J
So Answers; t
F^
R. Thomas Kline, Sheriff
10f
By ( ?4?'31
t. a'h
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 99-4736
COUNTY OF CUMBERLAND) CIVIL W
CIVIL ACTION -LAW
TO THE SHERIFF OF CLMBERLAND COUNTY:
To satisfy the debt, interest and costs due - LIST INDUSTRIES INC
from MASTER MANUFACTURING INDUSTRIES, INC., T/D/B/A M.M. INDUSTRIES, I PLAINTIFF(S)
[4C
142 RENO STREET NEW QUMBERLANJ?,
(1) You are directed to levy upon the property of the defendant(s) and to sell Any and all personal
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any
debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing
thereof;
(3) If property of the defendant(s) notlevieduponan subjecito attachment isfound in the Possession of anyoneother
than a named garnishee, you are directed to notify him/herthat he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due $9,538.87
Interest 6% from 1/27/00-S429.30
Atty's Comm %
Arty Paid $106.06
L.L. _ $.50
Due Prolhy 51.00
Other Costs
Plaintiff F
Date: October 2, 2000
REOUESTING PARTY:
CURTIS R. LONG
Prothono ry, Civil ivision
by: 2000 4y ' Deputy
Name AN I7ICNY C.BUSILLO II h*t5j
Address: 27 SOUTH ARLENE STREET
P.O. BOX 6865
Attorney for: Plaintiff
_,qt-9475
Court ID No. 29961
LIST INDUSTRIES, INC.,
Plaintiff
VS.
MASTER MANUFACTURING
INDUSTRIES, INC., t/d/b/a
M.M. INDUSTRIES, INC.
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4736 Civil
: CIVIL ACTION - LAW
PRAECIPE
Please mark the above-captioned action "SATISFIED AND SETTLED".
Respectfully submitted,
DATE: c 2?J/U
/ Anthony C. Busillo, II, Es4 uire
MARKOWITZ & RICHMAN
Supreme Court ID No. 29961
27 South Arlene Street
Post Office Box 6865
Harrisburg, Pennsylvania 17112
(717) 541-9475