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HomeMy WebLinkAbout99-05224IA J SQ s b d ?la .b N L1 V i S ? MODERN SYSTEMS INTERNATIONAL 3450 ELLICOTT CENTER DRIVE ELLICOTT CITY. MARYLAND 21043-4 1 7 7 I September 17, 1999 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 99 -5224 Equity Term Re: Carlisle Livestock Market, Inc. Plaintiff, vs. Modern Systems International And Frederick S. Weil, Defendants RESPONSE TO COMPLAINT Item 1. We assume is correct. Item 2. The corporation name is McDonaugh Systems, Inc. Item 3. We assume is correct. Item 4. Frederick S. Wei! is a contractor operating as an independent contractor under the corporate name FWS, Inc., which is the co ! rporation we pay. I l Item S. The price of the service is correct. I. t , Item 6. 1. Modern Systems International was not present at the meeting and can only stand by the printed agreement and guarantee which was signed by the Plaintiff. DO NOT SEND PAYMENTS TO MODERN SYSTEMS INTERNATIONAL i r ., 2. Modem Systems International states that we will not work bankrupt accounts (see Plaintiffs Exhibit "B"). This clearly states "The service should not be used to collect from debtors who have filed for or have been discharged in bankruptcy." Part of the sentence has been struck out on Plaintiff s Exhibit "B", however, it is not initialed or signed in agreement to this by the independent contractor or the Plaintiff. We have no evidence that this line item was struck out or agreed to by the independent contractor. Item 7. This item is between Frederick S. Weil and Carlisle Livestock Market, Inc. Modem Systems International feels this item is false for the following reasons: 1. More then 1 account was turned in to us. 2. Customer knew he was purchasing the right to use 100 collection attempts. Item 8. See Item 6. There is no evidence the Frederick S. Weil struck out the line item on Exhibit "B". Item 9. We have no evidence that Frederick S. Weil made this representation. Item 10. We have no response to this. Item 11. There is no letter from Counsel attached. Item 12. We have this as Exhibit "C". Item 13. We have no evidence of Frederick S. Weil misrepresented the contract. Please refer back to the bold paragraph in the contract signed by the Plaintiff and FSW, Inc. Item 14. Same as Item 13. Item 15. Please note Item 8. H. BREACH OF EXPRESS WARRANTY Item 16. See 1 -15 Item 17. A. Mr. Frederick S. Weil's remarks as a contractor are the contractor's responsibility. Modern Systems International was not present at the meeting and can and will stand by the printed agreement and guarantee. 2. B. Modem Systems International encloses defendant Exhibit "B" which is the guarantee. MODERN SYSTEMS INTERNATIONAL Item 1. Plaintiffs Exhibit "A" clearly states that Frederick S. Weil is an independent contractor. Item 2. Plaintiff s Exhibit "A" any legal proceedings against Modern Systems International shall be brought only in state or Federal Court in Howard County, Maryland. Item 3. Plaintiffs Exhibit "A" please note bold print with arrow in margin "all remarks made by contractor will be contractors responsibility. All agreements between MSI and the Client are incorporated herein, and no statements made by any party shall vary the terms herein expressed. No changes will be accepted below this line." Item 4. Since the Plaintiff submitted more than I account, he clearly purchased this for more then 1 account. McDonaugh Systems International By Charles F. McDonau President 3. COLLECTION PORTFOLIO # AGREEMENT & GUARANTEE # NISI AGREEMENT: The amount paid for the MSI System entitles pur- chaser to service on .II transmittal forms, in this system it filled out according to instructions herein and submitted to Modern Systems Infernatonal. This MSI System maybe used on debtors anywhere. MSI's obligation to service any transmittal will cease only if purchaser fails to remit computer record maintenance fee at the end of each 12 month period. Modern Systems International does not assume, authorize, or accept responsibility for any statements, acts or liabilities of any person other than the written statements, agreement and guarantee herein. GUARANTEE MODERN SYSTEMS INTERNATIONAL guarantees to the purchaser of this system involving at least 100 or more accounts, that if purchaser utilizes the entire system according to the instructions outlined, the purchaser will collect an amount equal to twice the purchase price of the system or that MODERN SYSTEMS INTERNATIONAL will refund the purchase price or will continue service without additional cost until such time as an amount equal to twice said purchase has been collected. Any account collected for less than $100.00 will be considered to be $100.00 for guarantee purposes. EXHIBIT nBn ?U y? 77 OQ t ,r Cis : G to v cn u CARLISLE LIVESTOCK MARKET, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 99- EVIL TERM vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN EQUITY 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 entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the clvims 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, PA 17013 (717) 249-3166 CARLISLE LIVESTOCK MARKET INC., Plaintiff, vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 25-.2a Y f'_ • ; eML TERM IN EQUITY COMPLAINT 1. RECISION OF CONTRACT 1. Plaintiff, CARLISLE LIVESTOCK MARKET, INC., is a corporation, operating a livestock market at Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, MODERN SYSTEMS INTERNATIONAL, is a corporation, with offices located at 3450 Ellicott Center Drive, Ellicott City, Maryland 21043-4177. Defendant is in the business of debt collections. 3. Defendant, FREDERICK S. WEIL, is an adult individual, residing at 13142 Dulaney Valley Road, Glen Arm, Maryland 21057. 4. At all times relevant hereto, Defendant, FREDERICK S. WEIL, was an authorized agent of Defendant, MODERN SYSTEMS INTERNATIONAL, and was engaged in 2 the marketing of a collection system of Defendant MODERN SYSTEMS INTERNATIONAL to various businesses. 5. Defendant, FREDERICK S. WEIL, called on the President of CARLISLE LIVESTOCK MARKET, INC., JAMES A. DeGAETANO, at his place of business in Carlisle, Cumberland County, Pennsylvania, and sold CARLISLE LIVESTOCK MARKET, INC. the MODERN SYSTEMS INTERNATIONAL Collection System, for the total price of $5,080.58, including principal purchase price of Four Thousand Seven Hundred Ninety-three ($4,793.00) Dollars, and tax of Two Hundred Eighty-seven and 58/100 ($287.58) Dollars. A copy of said contract is attached hereto as Exhibit "A". 6. JAMES A. DeGAETANO advised Defendant FREDERICK S. WEIL, that Plaintiff, CARLISLE LIVESTOCK MARKET, INC., had been a creditor of Edward M. Baker and Margaret Baker, who had owed Plaintiff the sum of approximately Twenty-six Thousand ($26,000.00) Dollars, but who had filed bankruptcy and which debt had been discharged by the Federal Bankruptcy Court. Defendant FREDERICK S. WEIL specifically advised JAMES A. DeGAETANO that, utilizing the MODERN SYSTEMS INTERNATIONAL Collection System, Plaintiff CARLISLE LIVESTOCK MARKET, INC. would be able to recover this debt in spite of the debtors' discharge in bankruptcy. 7. The motivation of JAMES A. DeGAETANO to purchase this collection system was primarily to recover the debt, which he was assured by Defendant WEIL could be 3 recovered from Edward M, Baker and Margaret Baker. JAMES A. DeGAETANO entered into the Agreement on behalf of CARLISLE LIVESTOCK MARKET, INC. in reliance upon the assurances of FREDERICK S. WEIL. 8. When FREDERICK S. WEIL provided a book intended to aid in implementing the collection system to JAMES A. DeGAE r ANO, that booked contained a page headed "Here's How to Get the most Effective Results with the MSI System". A portion of that page indicated that the MSI System should not be used to collect from debtors who had been discharged in bankruptcy. Defendant FREDERICK S. WEIL struck the words "or have been discharged in" from that page, reinforcing his assurances to Plaintiff that the debt could be collected in spite of the discharge in bankruptcy. A copy of this portion of the page is attached hereto as Exhibit "B". 9. JAMES A. DeGAETANO consulted counsel to confirm the representations made to him by Defendant FREDERICK S. WEIL, and was advised that he could not legally pursue debts that had been discharged by a Federal Bankruptcy Court. 10. Upon learning he could not pursue a discharged debt, he repeatedly attempted to contact FREDERICK S. WEIL to request recision of the contract, but Defendant FREDERICK S. WEIL refused to respond to him. 11. On May 19, 1999, the undersigned counsel, following a telephone conversation with Mr. Thomas McDonaugh, a representative of MODERN SYSTEMS 4 INTERNATIONAL, sent a letter on Plaintiffs behalf to Defendant MODERN SYSTEMS INTERNATIONAL formally requesting recision of the contract and reimbursement of the purchase price. A copy of said letter is attached hereto as Exhibit "C". 12. Defendant MODERN SYSTEMS INTERNATIONAL responded by letter of June 14, 1999, refusing to rescind the contract. A copy of said letter is attached hereto as Exhibit "D". 13. Defendant FREDERICK S. WEIL fraudulently misrepresented to JAMES A. DeGAETANO that the collection system of MODERN SYSTEMS INTERNATIONAL could collect a debt which had been discharged in bankruptcy, and Plaintiff relied upon such representation to his detriment in entering into the contract. 14. In the alternative, Defendant FREDERICK S. WEIL negligently misrepresented the law to Plaintiff, in which case the parties entered into the aforesaid contract with a mutual mistake in believing that the collection system could collect a debt which had been discharged in bankruptcy. 15. The misrepresentations set forth above constituted a failure of consideration of the contract. II. BREACH OF EXPRESS WARRANTY 16. Plaintiff incorporates herein by reference paragraphs 1 through 15, above. 5 17. Defendant FREDERICK S. WEIL expressly guaranteed the following: A. That he would be able to recover the debt set forth above, of Edward M. Baker and Margaret Baker, in spite of the fact that they had been discharged by Federal Bankruptcy Court; and B. That if Plaintiff purchased the system, he would recover the purchase price for the system within six months. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order directing recision of the aforesaid contract and entering a judgment in favor of Plaintiff and against both Defendants in the amount of Five Thousand Eight and ($5,080.58) 58/100 Dollars, plus costs and attomeys fees. FLOWER, FLOWER & LINDSAY Attorneys for the Plaintiff ' James D. Flower, Jr. i 11 East High Street Cadisle, PA 17013 (717) 243-5513 I.D. #27742 6 VERIFICATION I, JAMES A. DeGAETANO, President of CARLISLE LIVESTOCK MARKET, INC., Plaintiff in the within action, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. CARLISLE LIVESTOCK MARKET, INC. Date: 8- 1Z- 9 9 2 MODERN S SYSTEMS I INTERNATIONAL P.O. BOk 1450 ELLICOTT CITY, MD 21041 TRANSMITTAL BEGINNING NO. A070 / ? 90 TRANSMITTAL ENDING NO. TYPE OF BUSINESS NAME 0j.4" nn J Got/Yl? v^ "'&T , ?O n X / S? S CITY STATE /& zip/ O TELEPH01 NO. 717 2 ??l LI S /I IS ANOTHER NAME AND/OR LOCATION TO BE SERpVIC 1 YES NO'71a/_t• NAME. ?.gilty ?J//LP G/z GcJ Ae ?,,1FP9b!"1 86 S*PJMIP GIB- ST0RE`- QUANTITY PURCHASED / AMOUNT RECEIVED. S 7C1 , `? Igo ? OO.. a MAKE ALL CIIECKS PAYABLE TO MODERN SYSTEMS INTERNATIONAL y -7 4 3 Q' 3??'`" COLLECTION PORTFOLIO # AGREEMENT& GUARANTEE 2 0 _ AD remarks made by contractor will be contractors responsibility. Ali agreements between MSI and the Cllenf t are Incorporated herein, and no statements made by any patty shall vary the terms heroin expressed. No chsngti will be accepted below this Hat. ?• / You o r e authorized to begin c o l l e c t i o n of all submitted accounts in accordance with the MSI agtxmrnt and guarantee. This service has / no time limit so long as the computer record maintenance fee of $100.00 is remittd at the end of each year following the date of) purchase. It is necessary for you to sign below that you intend to take whatever lawful action is necessary to collect your debt withoa limiting the following: bringing suit, seizure, garnishment, attachment, execution, or sale of any property of the debtor. In authorizing the above, MSI is aware that it is your INTENTION to take any or all such action, though at no time do we compel you to do so. Any legal proceedings for or against MSI shall be brought only in state or federal court in Howard County, Maryland. /i?(% a LIENTS SIGNATURE ?mGS /I DeC FZ<a?0 PRINT NAME OF CLIENT WHITE-OFFICE COPY YEIIAW-REPRESENTATIVE 410.481-0727 888.485-3733.. MODERN SYSTEMS EXHIBIT INTERNATIONAL "A" Fredrick S. Well 3450 Ellicott Center Drive;',:. MSI Contractor Ellicott City, MD 21043?= .Here's how to get the most effective results with the MS1 SYSTEM PORTFOLIONN l CtJ13t$31 r Modern Systems can be used effectively to collect delinquent accounts, conditional sales contracts, lease agreements, notes, security agreements, chattel mortgages and bad checks. The service should not be used to collect from debtors who have filed for bank- ruptcy. Please do not send MSI any of your legal papers, invoices or other documents. STEP 1 Establish a regular time each month for handling delinquent accounts. For best results it is best to determine when an account shall be declared delinquent. Usually it is an account either 60 or 90 days past due. STEP 2 Fill out a transmittal for each delinquent account. Be sure to fill in all the information requested. You must provide debtors correct address. Send the original Copy No. 1 to MSI. STEP 3 When you collect, or come to an agreement with an account, send the yellow copy-Copy No. 2 - to MSI. This will stop the collection service! Please be sure to indicate on the form whether you have re- ceived payment in full or whether arrangements have been made. Should you wish to resume the collection process on a "suspended" account, send the Red copy- Copy No. 3 - to MSI. Accounts suspended for 60 days will be presumed collected. The 4th copy can be used as a stop after service has been resumed. STEP 4 If an account has not satisfied his obligation within six months of the time you send us Copy No. 1, we suggest you consult your attorney to determine what legal action is available toyou. If you preferto "write-off" the debt, your MSI records will satisfy the IRS. ??o When writing us about a particular account, be sure to include your file number and transmittal number. Your inquiries will be given prompt attention. Follow the easysteps described below and you will find you can control your receivables with only a few hours work each month. COPY 1 Starts collection. You just fill it out and mail to Modern Systems International. We start collection activity immediately. ? o COPY 2 Stops or suspends collection. You mail usthis copy, being sure to check the box to indicate whether you are stopping or suspending collection. Accounts suspended for 60 days will be presumed collected. COPY 3 Resumes collection. Be sure to indicate correct balance owing. COPY 4 Stops service after it has been resumed. It also can be used as a file copy. EXHIni e „e„ A MODERN SYSTEMS INTERNATIONA S ARKANSAS .COLORAOO-FLORIDA -GEORGIA-R:IN015-INDIANA -IONA-KANSAS -KENTUCKY- LODIS'ANA-MARYLAND-MCHIG % T M45SOURP -MON TANA -NEBRASKA -NEW JERSEY -OHIO -OKLAHDNIA- PENNSYLVANIA -TENNESSEE -TEXAS -VIRGINIA -WISOONS\ r I 3450 ELLICOTT CENTER DRIVE ELLICOTT CITY, MARYLAND 21043.4177 JUN 161999 June 14, 1999 Law Offices Flower, Flower & Lindsay Attn: James D. Flower, Jr. 11 East High Street Carlisle, PA 17013-3016 Dear Mr. Flower: We are in receipt of your letter dated May 19, 1999, requesting a refund for your client - Carlisle Livestock Market, Inc. You are well aware, as you have told me, that Fred Weil is an independent contractor. Therefore, he is responsible for his own actions. From what you have shown me as evidence, it is a bit lacking in substance. Nevertheless, this matter is between your client and Mr. Weil. We are unable to accommodate your request for a refund. As the contract specifically states, Modern Systems International has a guarantee, which we will honor. I know you have a copy of this guarantee. Your client has submitted only 5 accounts and has 95 more accounts to use. Our guarantee is based on the use of the entire system. There is no time element specified, however, the sooner he utilizes his system, the higher his recovery rate will be for him. If I can be of further assistance, please do not hesitate to contact me at 4101461-0727. Sincerely, Thom J. Mcbonaugh Vice President EXHIBIT Vic II DO NOT SEND PAYMENTS TO MODERN SYSTEMS INTERNATIONAL ? 3P m O C 1 U \n VoT T? v i SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 1999-05224 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE LIVESTOCK MARKET INC VS. MODERN SYSTEMS INTERNATIONAL R. Thomas Kline , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, served the within named DEFENDANT, MODERN SYSTEMS INTERNATIONAL by United States Certified Mail postage prepaid, on the 26th day of August 1999 , at 8:00 HOURS, at 3450 ELLICOTT CENTER DRIVE ELLICOTT CITY, MD 21043-417.7 a true and attested copy of the attached COMPLAINT - EQUITY together with NOTICE The returned receipt card was signed by K. FAUST on 8/30/1999. Sheriff's Costs: So answers: Docketing 18.00 ? Cert Mail 5.45 Affidavit ,00 S/ ,r rte/ Surcharge 8.00 R? I mafine 3 en 1. 14 FLOWER & LINDSAY 09/22/1999 Sworn and subscribed j; before me this d ,I ?c day of 19_19?D . ` C hu e ew ?e?z, i ro ono ry N SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 1999-05224 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE LIVESTOCK MARKET INC VS. MODERN SYSTEMS INTERNATIONAL R. Thomas Kline Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, served the within named DEFENDANT, WEIL FREDERICK S by United States Certified Mail postage prepaid, on the 26th day of August 1999 , at 8:00 HOURS, at 13142 DULANEY VALLEY ROAD GLEN ARM, MD 21057 a true and attested copy of the attached COMPLAINT - EQUITY together with NOTICE The returned receipt card was signed by on 0/o0/0000. *Item returned, unclaimed, unopened on 9/21/99* Sheriff's Costs: So answrer?s?. Docketing 6.00 Cert. Mail 5.45 Affidavit .00 ? -»! Surcharge 8.00 oma? ine 5 eri $1?0.509OWEI], FLOWER & LINDSAY Sworn and subscribed to before me this .2.2A,4k day of ocnonorar i 0) V i a L ENDER: v ' • Complete dams I andrer 21or atldNOnM snrv¢es. -? • Conrplalc items 3, 4d, entl ap. I also 4VISh IO receive G • Print Your name and the dd ? a ress on the reverse of It,, team se IIIA we can "lure Ihrs IOIIDWie u cvd to voo. 9 services (for an ex112 I@e)I '? Attach this loan to the fre f , , o the mailpmce, nr on m i d pn mril a back it space does not •Wnle 'gelurn geteipf fl t' D Addressee's Atldl05s .we.,.0d'.n tM1e rnml e + •ihe ROtum geeei th l rim, p I delivored. e anslp...anper. 2. ? Fgestricled Delivery will show,o wliom,he ar,ido tlo was s r49rvnred and full date m i o 3. Article Addressed to: Consult postmaster 9 for fee rn . 4a. Article Number -?-- I2 Modern Systems Internation 337 9312 E - •a°, + 3410 Ellicott Center Drive 4b. Service Type EEllicott E City, MD 21043-4177 0Registered Certified ? Express Mad ? insured m ? Re!un, Reoupt for Merchandise ? COD 7.D 5. Received By: (Print Name) 3 o f B. Adores! e@'s Atldress 6 (Onl A t and too is paid) y requ steel . Signatur °' + e; ddr@^see or Agent .-U157 - 0 ° a o X iE =" PS Form 3811,?December t9g4 102s95980 )Z2, Domestic Return R,oi I r Z 013 337 931 COUNTY OF CUMBERLAND fgatdpt? Office of The Sheriff 1 Courthouse Square U)AIIZ Carlisle, Pennsylvania 17013 AV6 26'99 0_ •r?? j PBF,eTEq 7158334 u•s.aosTnoe atrao ?ToURN TO SENDER owl no address Unknown Unclaimed d _ _ No such street Refused 1 Mr _ Insufl;cient address -- No such street _ Not deliverable as a' c ressedOX closed - ? to forward unable SENDER: t l 2 f d I also wish to receive the ?/• or a ditiona services or acomplota ilema I and following services (for an N q, • Complete llama 3,4a. and -lb. • Print your nano and address on We (averse of this form su thdl wu Wn mtwo Ilus extra fee): L(' card to you • Attach this lonn to ax, front of the m alpiece. or an the back if space Baas not 1. Addressee's Address u •2 m to er -Return Receipt o on t a ie below e d a •Wrila 2. (] Restricted Delivery m = nd the dote rate lsho to whom fi thc enmade was s tloiivarnsed and the • The Return Raceiain pl will shoo w Consult postmaster for fee. p dmrvemtl. 0 3. Article Addressed to: Article Number u 7, O13 337 931 a = Frederick S. Wiel Service Type k4b. c a e 13142 Dulaney '.',ley Ruad Certfied Reylstemd X e Glr:n Arm, MU ,7 I ? EAp•essMail ? Insured ' ? Relmn Receipt for Merchandise U COD Ui 7. Date of Delivery 0 r 0 5. Received By: (Print Name) 8. Addressee's Address (Only i! requested r and fee is paid) a .? 6. Signature: (Addressee or Agent) 'o X - T 1e PS Form 3811, December 1994 roans naaone Domestic Return Receipt 1. r i1 i r CARLISLE LIVESTOCK MARKET, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 99 - h"al Y G-"L TERM vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN EQUITY 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 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 I 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 , PA 1701UE3 CARLISLE, TRUE MP'( i R.ney t,? COR (717) 249--31166 ?' rn Testimo , wt.aroof, I herc unto set my I 3 and the seal of said Co?q at Carlisle, Pa. This 7/T- A- , . . -A- CARLISLE LIVESTOCK MARKET, IN THE COURT OF COMMON PLEAS OF INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO. 99 - ? -2 Y CML TERM vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN EQUITY COMPLAINT 1. RECISION OF CONTRACT 1. Plaintiff, CARLISLE LIVESTOCK MARKET, INC., is a corporation, operating a livestock market at Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, MODERN SYSTEMS INTERNATIONAL, is a corporation, with offices located at 3450 Ellicott Center Drive, Ellicott City, Maryland 210434177. Defendant is in the business of debt collections. 3. Defendant, FREDERICK S. WEIL, is an adult individual, residing at 1 Dulaney Valley Road, Glen Arm, Maryland 21057. 4. At all times relevant hereto, Defendant, FREDERICK S. WEIL, was an authorized agent of Defendant, MODERN SYSTEMS INTERNATIONAL, and was engaged 2 the marketing of a collection system of Defendant MODERN SYSTEMS INTERNATIONAL to various businesses. 5. Defendant, FREDERICK S. WEIL, called on the President of CARLISLE LIVESTOCK MARKET, INC., JAMES A. DeGAETANO, at his place of business in Carlisle, Cumberland County, Pennsylvania, and sold CARLISLE LIVESTOCK MARKET, INC. the MODERN SYSTEMS INTERNATIONAL Collection System, for the total price of $5,080.58, including principal purchase price of Four Thousand Seven Hundred Ninety-three ($4,793.00) Dollars, and tax of Two Hundred Eighty-seven and 58/100 ($287.58) Dollars. A copy of said contract is attached hereto as Exhibit "A". 6. JAMES A. DeGAETANO advised Defendant FREDERICK S. WEIL, that Plaintiff, CARLISLE LIVESTOCK MARKET, INC., had been a creditor of Edward M. Baker and Margaret Baker, who had owed Plaintiff the sum of approximately Twenty-six Thousand ($26,000.00) Dollars, but who had filed bankruptcy and which debt had been discharged by the I Federal Bankruptcy Court. Defendant FREDERICK S. WEIL specifically advised JAMES A. DeGAETANO that, utilizing the MODERN SYSTEMS INTERNATIONAL Collection System, Plaintiff CARLISLE LIVESTOCK MARKET, INC. would be able to recover this debt in spite of the debtors' discharge in bankruptcy. 7. The motivation of JAMES A. DeGAETANO to purchase this collection .I system was primarily to recover the debt, which he was assured by Defendant WEIL could be 3 recovered from Edward M. Baker and Margaret Baker. JAMES A. DeGAETANO entered into the Agreement on behalf of CARLISLE LIVESTOCK MARKET, INC. in reliance upon the assurances of FREDERICK S. WEIL. 8. When FREDERICK S. WEIL provided a book intended to aid in implementing the collection system to JAMES A. DeGAETANO, that booked contained a page headed "Here's How to Get the most Effective Results with the MSI System". A portion of that page indicated that the MSI System should not be used to collect from debtors who had been discharged in bankruptcy. Defendant FREDERICK S. WEIL struck the words "or have been discharged in" from that page, reinforcing his assurances to Plaintiff that the debt could be collected in spite of the discharge in bankruptcy. A copy of this portion of the page is attached hereto as Exhibit "B". 9. JAMES A. DeGAETANO consulted counsel to confirm the representations made to him by Defendant FREDERICK S. WEIL, and was advised that he could not legally pursue debts that had been discharged by a Federal Bankruptcy Court. 10. Upon learning he could rot pursue a discharged debt, he repeatedly I attempted to contact FREDERICK S. WEIL to request recision of the contract, but Defendant FREDERICK S. WEIL refused to respond to him. 11. On May 19, 1999, the undersigned counsel, following a telephone conversation with Mr. Thomas McDonaugh, a representative of MODERN SYSTEMS 4 INTERNATIONAL, sent a letter on Plaintiffs behalf to Defendant MODERN SYSTEMS INTERNATIONAL formally requesting recision of the contract and reimbursement of the purchase price. A copy of said letter is attached hereto as Exhibit "C.'. 12. Defendant MODERN SYSTEMS INTERNATIONAL responded by letter of June 14, 1999, refusing to rescind the contract. A copy of said letter is attached hereto as Exhibit "D". 13. Defendant FREDERICK S. WEIL fraudulently misrepresented to JAMES A. DeGAETANO that the collection system of MODERN SYSTEMS INTERNATIONAL could collect a debt which had been discharged in bankruptcy, and Plaintiff relied upon such representation to his detriment in entering into the contract. 14. In the alternative, Defendant FREDERICK S. WEIL negligently misrepresented the law to Plaintiff, in which case the parties entered into the aforesaid contract with a mutual mistake in believing that the collection system could collect a debt which had been discharged in bankruptcy. 15. The misrepresentations set forth above constituted a failure of consideration i of the contract. II. BREACH OF EXPRESS WARRANTY 16. Plaintiff incorporates herein by reference paragraphs 1 through 15, above. 5 17. Defendant FREDERICK S. WEIL expressly guaranteed the following: A. That he would be able to recover the debt set forth above, of Edward M. Baker and Margaret Baker, in spite of the fact that they had been discharged by Federal Bankruptcy Court; and B. That if Plaintiff purchased the system, he would recover the purchase price for the system within six months. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order directing recision of the aforesaid contract and entering a judgment in favor of Plaintiff and against both Defendants in the amount of Five Thousand Eight and ($5,080.58) 58/100 Dollars, plus costs and attorneys fees. FLOWER, FLOWER & LINDSAY Attorneys for the Plaintiff BtJames D. Flower, Jr. st High Street le, PA 17013 (717) 243-5513 I.D. #27742 6 VERIFICATION I, JAMES A. DeGAETANO, President of CARLISLE LIVESTOCK MARKET, INC., Plaintiff in the within action, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. CARLISLE LIVESTOCK MARKET, INC. Date: 8"12-`19 2 MODERN ? S D SYSTEMS I INTERNAIONAL P.U. BOX 1450 ELLICOTT CITY, MD 21041 TRANSMITTAL BEGMING NO. 611K ;?2,.00 TRANSMITTAL ENDING NO. TYPE OFF BUSINESS ? 13*A4/ a?L? NAME a v^" /STREET O DX / S? S CITY (Mh4 & SVXTE ZIP ,/ O TYLEPHOkTNO. 7/7 2 IS ANOTHER NAME AND/OR LOCATION TO BE MAU R Q?ikein r[ RAAA -GM,G/ Ae 6 SRHW GFf V6- 21P- NO W QUANTITY PURCHASED I ©? AMOUNT RECEIVED.. S 793 , MAKE ALL CHECKS PAYABLE TO MODERN SYSTEMS INTERNATIONAL ? -I 0'2 Lf-7 43. oa, /7 2t I o COLLECTION PORTFOLIO # ?/?? I 1 AGREEMENT & GUARANTEE -/ AD remarks made by contractor will be contractors responsibility. All agreements between MSI and the Clkat arc incorporated herds, and no statements made by any party shag vary the terms herein expressed. No changes will be accepted below this line. You are authorized to begin collection of all submitted w=unts in accordance with the MSI agnomen and guarantee. This service has no time limit so long as the computer record maintenance fee of $100.00 is remits at the ehd of each yew following the date of. purchase. It is necessary for you to sign below that you intend to tape whatever lawfW action is necessary to collect your debt without limiting the following: bnagiag suit, 9=ar, garnishment, auachmeat, execution, or sale of any property of the debts. In authorizing the above, MSI is aware that it is your INTENTION to take any or all such adios, though at no time do we compel you to do so. Any legal proceedings for or against MSI shall be brought only in state or federal court in Howard C01(?°' ' Maryland S SIGNATURE SUB CON 410.461.0727 PRINT NAME OF CLIENT 999-495.3733 WffiTB•OFFICE COPY YELLOW-REPRESENTATIVE MODERN SYSTEMS EXHIBIT INTERNATIONAL nA u I Fredrick S. Weil 3450 Ellicott Center Drive -- MSI Contractor Ellicott City, MD 21043 ru Here's how to get the most effective results with the MSt SYSTEM PORTFOLION0 F-w 13e9l Modern Systems can be used effectively to collect delinquent accounts, conditional sales contracts, lease agreements, notes, security agreements, chattel mortgages and bad checks. The service should not be used to collect from debtors who have filed for bank- ruptcy. Please do not send MSI any of your legal papers, Invoices or other documents. STEP 1 Establish a reaular tim. each month for handling delinquent accounts. For best results it Is best to determine when an account shall be declared delinquent. Usually it is an account either 60 or 90 days past due. STEP 2 Fill out a transmittal foreach delinquent account. Be sure to fill in all the Information requested. You must provide debtors correct address. Send the original Copy No. 1 to MSI. STEP 3 When you collect, or come to an agreement with an account, send the yellow copy-Copy No. 2 - to MSI. This will stop the collection service! Please be sure to indicate on the form whether you have re- ceived payment in full or whether arrangements have been made. Should you wish to resume the collection process on a "suspended" account, send the Red copy- Copy No. 3 - to MSI. Accounts suspended for 60 days will be presumed collected. The 4th copy can be used as a stop after service has been resumed. STEP 4 If an account has not satisfied his obligation within six months of the time you send us Copy No. 1, we suggest you consult your attorney to determine what legal action is available to you. If you preferto "write-off" the debt, your MSI records will satisfy the IRS. on- When writing us about a particular account, be sure to include your file number and transmittal number. Your inquiries will be given prompt attention. Follow the easy steps described below and you will find you can control your receivables with only a few hours work each month, o ° COPY 1 Starts collection. You just fill it out and mail to Modern Systems International. We start collection activity immediately. ° 0 ° COPY 2 Stops or suspends collection. You mail us this copy, being sure to check the box to indicate whether you are stopping or suspending collection. Accounts suspended for 60 days will be presumed collected. c r??.? t A_4° COPY 3 Resumes collection. Be sure to indicate correct balance owing. i COPY 4 Stops service after it has been resumed. It also can be used as a file copy. EKNlest i nb„ June 14, 1999 Law Offices Flower, Flower & Lindsay Attn: James D. Flower, Jr. 1 I East Mgh Street Carlisle, PAL 17013-3016 Dear Mr. Flower: JUN 161999 We are in receipt of your letter dated May 19, 1999, requesting a refund for your client - Carlisle Livestock Market, Inc. Yogi are well aware, as you have told me, that Fred Weil is an independent contractor. Therefore, he is responsible for his own actions. From what you have shown me as evidence, it is a bit lacking in substance. Nevertheless, this matter is between your client and Mr. Weil. We are unable to accommodate your request for a refund. As the contract specifically states, Modem Systems International has a guarantee, which we will honor. I know you have a copy of this guarantee. Your client has submitted only 5 accounts and has 95 more accounts to use. Our guarantee is based on the use of the entire system. There is no time element specified, however, the sooner he utilizes his system, the higher his recovery rate will be for him. If I can be of further assistance, please do not hesitate to contact me at 410/461-0727. Sincere) , n Thom J. Mc)5ona igh Vice- resident EXHISM IIC II MODERN SYSTEMS INTERNATIONi ARKANSAS • COLORADO • FLORIDA • GEORGIA • ILLINOIS • INDIANA • IOWA • KANSAS • KENTUCKY, LOUISIANA • MA TYLANO • MICR i MISSOURI,MONTANA - NEGRASKA•NEW JERSEY, OHIO .OKLAHOMA-PENNSYLVANIA •TENNESSEE • TEKAS• VIRGINIA - WISC C 'S 3450 ELLICOTT CENTER DRIVE ELLICOTT CITY, MARYLAND 21043.4177 SEND PAYMENTS TO MODERN SYSTEMS INTERNATIONAL OFFICE OF THE SHERIFF ` duc 26 2 29 PM '99 CARLISLE LIVESTOCK MARKET, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 05224 EQUITY TERM vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN EQUITY PRAECIPE TO THE PROTHONOTARY: Please enter judgment in favor of the Plaintiff and against the Defendant, MODERN SYSTEMS INTERNATIONAL, in the amount of Five Thousand Eighty and 58/100 ($5,080.58) Dollars, with interest thereon from February 3, 1999, and costs, for failure to file an Answer within twenty (20) days after service of the Complaint. I hereby certify that written notice of intention to file this Praecipe was mailed to the Defendant at least ten (10) days prior to the date hereof, a copy of which is attached hereto. FLOWER, FLOWER & LINDSAY Attorneys for the Plaintiff Date: October 22,1999 By Mmes D. Flower, Jr., squire 11 East High Street I Carlisle, PA 17013 ?., (717) 243-5513 I.D. #27742 r 1 Ci: ?'. G : l'? 5 4 G% emu, N yuJ ? U G7 p '+ CARLISLE LIVESTOCK MARKET, INC., Plaintiff, vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 05224 EQUITY TERM IN EQUITY IMPORTANT NOTICE TO: MODERN SYSTEMS INTERNATIONAL, Defendant 3450 Ellicott Center Drive Ellicott City, MD 210434177 October 6, 1999 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FLOWER, FLOWER & LINDSAY I.D. No. 27742 Attorney for the Plaintiff 11 East High Street Carlisle, PA 17013 717-243-5513 >- cc; CI LLIQ N P) '.? l " nl ' C!7 1 . wL N C% ?tL U ly r• O J U m v CARLISLE LIVESTOCK MARKET, INC., Plaintiff, vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 05224 EQUITY TERM IN EQUITY CERTIFICATE OF SERVICE I, JAMES D. FLOWER, JR., do hereby certify that in accordance with Pa.R.C.P. Section 237.1. 1 have this date mailed to MODERN SYSTEMS INTERNATIONAL, the Defendant in the above captioned action, Notice that unless they take action within ten (10) days, a default judgment will be entered against them. FLOWER, FLOWER & LINDSAY Date: October 6, 1999 y auras D. Flower, Jr. I. D. No. 27742 Attorney for the Plaintiff 11 East High Street Carlisle, PA 17013 717-243-5513 ?. rv? P 2 ? ti I (may/ m U CARLISLE LIVESTOCK MARKET, INC., Plaintiff V. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 99-5224 EQUITY TERM AND NOW, this 9`s day of November, 2000, upon consideration of Plaintiff's Motion for Special Order of Court To Serve Original Process in Accordance with Pa. R.C.P. §430, and it appearing that service upon Defendant Weil has not been attempted by conventional means authorized under Pa. R.C.P. 404, the motion is denied, without prejudice to Plaintiff's right to file a new motion for service pursuant to special order of court if an attempt at service in accordance with Pa. R.C.P. 404(1), (3), (4), Z (5) is unsuccessful. BY THE COURT, James D. Flower, Jr., Esq. II East High Street Carlisle, PA 17013 Attorney for Plaintiff :rc II-9-oo ipr r. '.:i•t II C.l ,? t ?; ;:`ail l_`i•?ti':'i ..?.?r,:ra.rw:+uw ^,.•r. v.!':.:q. .. ,- ... .a-: y,..v'. bvuyp LAW OFFICES CERTIFIED COPY: SAIDIS, SHUFF, FLOWER & LINDSAY, 26 W. HIGH STREET 2109 MARKET S7REE1' - CARLISLE, PA 17013 CAMP HILL, PA 17011 ??,I PHONE (717) 213.6222 PHONE (717) 737.3105 1 'l. i. CARLISLE LIVESTOCK MARKET, INC., Plaintiff, VS. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 -05224 EQUITY TERM : IN EQUITY AND NOW this _ day of 2000, upon consideration of Plaintiff's Motion for Special Order of BY THE COURT: J. SAIDIS S ? RDM 26 W. Hkh Aral Cam, PA Court to Serve Original Process in accordance with Pa.R.C.P. § 430, Plaintiff's Motion is granted and the Sheriff of Cumberland County is directed to serve Plaintiff's Complaint by 6 ass mailing same by first 0M mail through the U.S. Postal Service, service to be deemed to be complete if said mailing is not returned to the Cumberland County Sheriff within 15 days after mailing. CARLISLE LIVESTOCK MARKET, INC., Plaintiff, vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 -05224 EQUITY TERM IN EQUITY MOTION FOR SPECIAL ORDER OF COURT TO SERVE ORIGINAL PROCESS IN ACCORDANCE WITH PA.R.C P 5 430 AND NOW comes Plaintiff, Carlisle Livestock Market, Inc., through its attorneys, Saidis avers the following: Shuff, Flower & Lindsay, and 1. Plaintiff sued Defendant Modern Systems International and Frederick S. Weil for recision of contract and breach of express warranty of contract seeking damages in the amount of $5,080.58, plus costs and attorneys fees by Complaint filed to the above caption and number on August 26, 1999. Plaintiff entered into a contract with Modern Systems International, negotiated by Defendant Frederick S. Weil, its agent, guaranteeing to collect a debt which had been discharged in Federal Bankruptcy Court. Plaintiff later SAIDIS S &I? learned that recovery of this debt would have been contrary to uW.Hkhdd law. CaAd% PA 2. Since both Defendants were located in Maryland, Plaintiff request-?.i that the Cumberland County Sheriff obtain service of the Complaint on the Defendants by Certified Mail. The Sheriff was able to serve Modern Systems International by Certified Mail, but made a return dated September 22, 1999, indicating that the Certified Mail sent to Frederick S. Weil was returned marked "unclaimed" unopened on September 21, 1999. 3. Service by mail is governed by Pa.R.C.P. § 403(2) which provides that "mail returned with the notation that it was unclaimed requires Plaintiff to make service by other means pursuant to the Rules." 4. Plaintiff took judgment by default against Defendant Modern Systems International in the amount of $5,080.55 on October 22, 1999. 5. Plaintiff had the aforesaid judgment transferred and SAIDIS SI&M RJOWER Unialafts 26 W. Hkh Mml car", PA filed in Iloward County Maryland, the location of Modern Systeme International. The Sheriff's office in Howard County Maryland returned a Writ of Execution Disposition, a copy of which in attached hereto as Exhibit "A", indicating that Modern SydLems International was going out of business and had no assets. 6. Plaintiff believes and therefore avers that Defendant Frederick S. Weil has actual knowledge of this action and that he is actively avoiding service. To the best of Plaintiff's knowledge the address which Plaintiff obtained for Defendant of 13142 Dulaney Road, Glen Arm, Maryland 21057 is an accurate mailing address for Defendant. Frederick S. Weil. 7. Pa.R.C.P. § 403(1) authorizes service by ordinary mail, to be complete if the mail is not returned to the sender within 15 days after mailing, when Certified Mail is returned marked "refused". Plaintiff requests a special Court Order allowing similar service by the Sheriff by First Class Mail under the circumstances presented in this case. WHEREFORE, Plaintiff requests This Honorable Court to enter a special order of Court in accordance with Pa.R.C.P. § 430, authorizing service of Plaintiff's Complaint t-) be made by the Sheriff of Cumberland county by mailing same by first class mail through the U.S. Postal Service, service to be deemed to be complete if said mailing is not returned to the Cumberland County Sheriff within 15 days after mailing. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY %"." II By James D. Flows , Jr. C 11 East High S set SAIDIS Carlisle, PA 17013 SIMUIIWW & SAY (717) 243-5513 I.D. #27742 26 W. Koh died Attorney for Plaintiff Grvde PA Charles M. Cave Sheriff (410) 313-2150 R. Scott Mergentha(er Chief Deputy (410) 313- 2150 Howard COaaly, MN71=d WRIT OF E7QJ-UTION DISPOSITION 8360 Court Avenue MHCOft CiLq, Maryland 21043 DATE: J'J L Y 11,2000 T0: JA:1ES r-LOWER, JR. 11 EAST HIGH ST. CARLISLE PA. 17013 RE: KxxK Writ of Execution - LEyy Writ of Execution _ SEIZURE CASE NUt•IDEi1: HO.CO. DCST.CT. Y, 411-2000 Writ of Execution - SEIZURE OF MMIES CASE NAME: CARLISLE LIVESTOCK MARKET\;E The Howard County Sheriff's Office has: MODERN SYSTEMS INTERNATIONAL Levied and left the property per the writ's instructions. We request further instruction's within 30 days as to the dispositio copy, Of the levy form(s) are attached, n of the levied goods, A Seized property per the writ's instructions. We request further instructions as to the sale of said property within 30 days. A copy of levy/seizure form(s) are attached. Seized monies in the amount of Sheriff's -0ffice account. To receive same, thise monies are currently in the the court for release of said funds, Office .needs an order of be forwarded by check, Upon receipt of the court order the funds will This is a follow-up notice to our letter of of levied/seized goods. Please contact us within?30 days as toedisppoosittioonn Rion this case. Thank you for your cooperation. ASSIGNED DEPUTIES: NANCY SHAH VERIFICATION I, JAMES A. DeGAETANO, President of CARLISLE LIVESTOCK MARKET, INC., Plaintiff in the within action, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CARLISLE LIVESTOCK MARKET, INC. ByJames A. DDate: SAIDIS SIKH FLOW & SAY AMEMW 26 W. H10 dRd CadWq PA } r) ' j- F._ ( : r` ? ??' J._( 1. __ ,jI ?_. (r) • ? ? ?T ? C ) ? .. ? 1 - 1. - -' J' t / ?. I I: jJ 1'. O ,_ ?_> -? U ;i LAW OFFICES ..., ,.. SAIDIS, S"tjM FLOWER & LINDSAY 36 W. HIGH STREET 2109 MARICET STREET' - CARUSLE, PA 17013 PHONE (717)243.6722 CAMP HILT„ PA 17011 PHONE (717) 777-3403 1 CERTIFIED COPY: Art; B 2 i S I I? t t r CARLISLE LIVESTOCK MARKET, INC., Plaintiff, Vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 -05224 EQUITY TERM IN EQUITY ORDER BY THE COURT: J. SAEDIS SHUFF, FLOWER 26 W. Higb stmt CadWa PA AND NOW this day of 2000, upon consideration of Plaintiff's Motion for Special order of Court to Serve Original Process in accordance with Pa.R.C.P. S 430, Plaintiff's Motion is granted and the Sheriff of Cumberland County is directed to serve Plaintiff's Complaint by mailing same by first call mail through the U.S. Postal Service, service to be deemed to be complete if said mailing is not returned to the Cumberland County Sheriff within 15 days after mailing. CARLISLE LIVESTOCK MARKET, INC., Plaintiff, VS. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 -05224 EQUITY TERM IN EQUITY MOTION FOR SPECIAL ORDER OF COURT TO SERVE ORIGINAL PROCESS IN ACCORDANC WITH PA.R.C.P s 430 AND NOW comes Plaintiff, Carlisle Livestock Mark?t,`Inc., through its attorneys, Saidis avers the following: Shuff, Flower & Lindsay, and 1. Plaintiff sued Defendant Modern Systems SAHXS SHL&FOL WWFR 26 W. eke drTd CROW% PA International and Frederick S. Weil for recision of contract and breach of express warranty of contract seeking damages in the amount of $5,080.58, plus costs and attorneys fees by Complaint filed to the above caption and number on August 26, 1999. Plaintiff entered into a contract with Modern Systems International, negotiated by Defendant Frederick S. Weil, its agent, guaranteeing to collect a debt which had been discharged in Federal Bankruptcy Court. Plaintiff later learned that recovery of this debt would have been contrary to law. 2. Since both Defendants were located in Maryland, Plaintiff requested that the Cumberland County Sheriff obtain service of the Complaint on the Defendants by Certified Mail. The Sheriff was able to serve Modern Systems International by Certified Mail, but made a return dated September 22, 1999, indicating that the Certified Mail sent to Frederick S. Neil was returned marked "unclaimed" unopened on September 21, 1999. S &HUFF oSAP 26 W. ele Ar"t CGAWe, PA 3. Service by mail is governed by Pa.R.C.P. § 403(2) which provides that "mail returned with the notation that it was unclaimed requires Plaintiff to make service by other means Pursuant to the Rules." 4. Plaintiff took judgment by default against Defendant Modern Systems International in the amount of $5,080.55 on October 22, 1999. 5. Plaintiff had the aforesaid judgment transferred and filed in Howard County Maryland, the location of Modern Systems International. The Sheriff's office in Howard County Maryland returned a Writ of Execution Disposition, a copy of which is attached hereto as Exhibit "A", indicating that Modern Systems international was going out of business and had no assets. 6. Plaintiff believes and therefore avers that Defendant Frederick S. Weil has actual knowledge of this action and that he is actively avoiding service. To the best of Plaintiff's knowledge the address which Plaintiff obtained for Defendant of 13142 Dulaney Road, Glen Arm, Maryland 21057 is an accurate mailing address for Defendant Frederick S. Weil. 7. Pa.R.C.P. § 403(1) authorizes service by ordinary mail, to be complete if the mail is not returned to the sender within 15 days after mailing, when Certified mail is returned marked "refused". Plaintiff requests a special Court order allowing similar service by the Sheriff by First Class Mail under the circumstances presented in this case. WHEREFORE, Plaintiff requests This Honorable Court to enter a special Order of Court in accordance with Pa.R.C.P. § 430, authorizing service of Plaintiff's Complaint to be made by the Sheriff of Cumberland County by mailing same by first class mail through the U.S. Postal Service, service to be deemed to be complete if said mailing is not returned to the Cumberland County Sheriff within 15 days after mailing. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY By? SAIDIS S ? RMINSUM 26 w Rio dme GA4k, PA C James Flowe Jr. 11 East High S,eet Carlisle, PA 17013 (717) 243-5513 I.D. #27742 Attorney for Plaintiff Charles M. Cave Sheriff (410) 313-2150 R. Scott Mergenthaler Chief Deputy (410) 313- 2150 WRIT OF Howard County, M17l-171UTICN DISPOSITION 8360 Court Avenue MHo0 t CitY, MarY]=d 21043 DATE: J rJ L Y 11,200o ? TO: IA!^. F.S FLOWER, JR. 11 EAST HIGH ST. CARLISLE oA, 17013 RE: xxxx Writ of Execution -LEVY writ of FScecution -SEIZURE CASE VUMp??ER: HO . CO I S T. CT. 411 writ of Execution - SEIZURE OF MMIES . D-2000 CASE NAME: CARLISLE LLVESTOCiC MARKS MODERN SYSTEMS INTERNATIONAL The Howard County Sheriff's Off ice has: Levied and left the property per the writ's instructions. ttuctions within 30 days as to the disposition We request further Of f the levy form(s) are attached, of the levied goods, A copy Seized property per the writ's instructions. We request further instructic-M-M as to the sale of said property within 30 days. A copy of levy/s are attached, eizure form(s) Seized monies in the amount of Sheriff's t f f i c e account. To rec ve sie-ame These monies are currently in the the court for release of said funds. upon this Office . needs an order of be forwarded by cher-k. pon receipt of the court order the funds will This is a follow-up notice to our letter of of levied/seized goods. Please contact us within- 30 ys as to theerning the disposition this case. disposition of K x'SOther: U v.A a r. v m., Thank you for your cooperation. ASSIGNED DEPUTIES: NANCY SHAH VERIFICATION I, JAMES A. DeGAETANO, President of CARLISLE LIVESTOCK MARKET, INC., Plaintiff in the within action, hereby verify that the statements made in the within instrument are true and correct to the best of my knowledge, inforaation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CARLISLE LIVESTOCK MARKET, INC. James A. DeGaetano, President Date: SAIDIS S ? FIDE W :a w al?h a.ed CarU" PA v:ti i i' LAW OFFICES CERTIFIED COPY: ` `SAIDIS, SHUFF, FLOWER & LINDSAY 26 W. HIGH STREEP 2109 MARKETM, EET CARLISLE, PA 17013 CAMP HILL, PA 17011 tin PHONE (717) 213.6222 PHONE(717)737-3105 I l 1. II CARLISLE LIVESTOCK MARKET, INC., Plaintiff, Vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 -05224 EQUITY TERM IN EQUITY ORDER AND NOW this day of 2000, upon consideration of Plaintiff's Motion for Special Order of Court to Serve Original Process in accordance with Pa.R.C.P. § BY THE COURT: J. SAEDIS SHLff ROVER 26 W. HIA Rted CSW" PA 430, Plaintiff's Motion is granted and the Sheriff of Cumberland County is directed to serve Plaintiff's Complaint by mailing same by first call mail through the U.S. Postal Service, service to be deemed to be complete if said mailing is not returned to the Cumberland County Sheriff within 15 days after mailing. CARLISLE LIVESTOCK MARKET, INC., Plaintiff, vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 -05224 EQUITY TERM MODERN SYSTEMS INTERNATIONAL c> c} n and FREDERICK S. WEIL, ` D nii=? Defendants IN EQUITY MOTION FOR SPECIAL ORDER OF COURT TO SERVE ORIGINAL PROCESS IN ACCORDANGrE` WITH PA.R.C P s 430 -G AND NOW comes Plaintiff, Carlisle Livestock Market, Inc., through its attorneys, Saidis, Shuff, Flower & Lindsay, and avers the following: 1. Plaintiff sued Defendant Modern Systems SAIDLS SM&?OW 2a w Bkh West CaAWe, PA International and Frederick S. Weil for recision of contract and breach of express warranty of contract seeking damages in the amount of $5,080.58, plus costs and attorneys fees by Complaint filed to the above caption and number on August 26, 1999. Plaintiff entered into a contract with Modern Systems International, negotiated by Defendant Frederick S. Weil, its agent, guaranteeing to collect a debt which had been discharged in Federal Bankruptcy Court. Plaintiff later learned that recovery of this debt would have been contrary to law. 2. Since both Defendants were located in Maryland, Plaintiff requested that the Cumberland County Sheriff obtain service of the Complaint on the Defendants by Certified Mail. The Sheriff was able to serve Modern Systems International by Certified Mail, but made a return dated September 22, 1999, indicating that the Certified Mail sent to Frederick S. Weil was returned marked "unclaimed" unopened on September 21, 1999. 3. Service by mail is governed by Pa.R.C.P. § 403(2) which provides that "mail returned with the notation that it was unclaimed requires Plaintiff to make service by other means pursuant to the Rules." 4. Plaintiff took judgment by default against Defendant Modern Systems International in the amount of $5,080.55 on October 22, 1999. 5. Plaintiff had the aforesaid judgment transferred and filed in Howard County Maryland, the location of Modern Systems International. The Sheriff's office in Howard County Maryland returned a Writ of Execution Disposition, a copy of which is attached hereto as Exhibit "A", indicating that Modern Systems International was going out of business and had II no assets. SAEDIS SH&UFFRO I 6. Plaintiff believes and therefore avers that SAY Rmlyffirm 26wfgn.rftt I Defendant Frederick S. Weil has actual knowledge of this CG?O.k, PA action and that he is actively avoiding service. To the best of Plaintiff's knowledge the address which Plaintiff obtained for Defendant of 13142 Dulaney Road, Glen Arm, Maryland 21057 is an accurate mailing address for Defendant Frederick S. Weil. 7. Pa.R.C.P. § 403(1) authorizes service by ordinary mail, to be complete if the mail is not returned to the sender within 15 days after mailing, when Certified Mail is returned marked "refused". Plaintiff requests a special Court Order allowing similar service by the Sheriff by First Class Mail under the circumstances presented in this case. WHEREFORE, Plaintiff requests This Honorable Court to enter a special Order of Court in accordance with Pa.R.C.P. § 430, authorizing service of Plaintiff's Complaint to be made by the Sheriff of Cumberland County by mailing same by first class mail through the U.S. Postal Service, service to be deemed to be complete if said mailing is not returned to the Cumberland County Sheriff within 15 days after mailing. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS S R FFI?V LOW ASAY 26 W. Kkh greet 6rIWq PA By b C James D. Flowe , Jr. 11 East High S et Carlisle, PA 17013 (717) 243-5513 I.D. #27742 Attorney for Plaintiff Charles M. Cave Sheriff (410) 313-2150 R. Scott Mergenthaler Chief Deputy (410) 313- 2150 WRIT OF ELUTION DISPOSITION Howard County, Maryland 8360 Court Avenue Ewcott City, Maryland 21043 DATE: JULY 1 1 , 2 0- o o TO: JAi IES FLOWER, JR. 11 EAST HIGH ST. RE: xxxx CARLISLE RA. 17013 Writ of Execution - LrVy Writ of Execution -SEIZURE CASE HUMBER: H0.C0.DIST CT .", 411 Writ of Execution - SEIZURE OF IMIFS ..- 2000 CASE M n. CARLISLE LIVESTOCK d MARKE'IV5 MODERN SYSTEMS INTERNATIONAL The Howard County Sheriff's Office has: Levied and left the Property Per the writ's instructions. 'nstr'uctxons with= 30 we request further days as to the disposition of the levied of the levy form(s) are attached. floods. A copy Seized property per the writ's i as t the sale of said nstructions. we request furthe are attached. r tructions property within 30 days. A copy of le vy/seizure form(s) Seized monies in the amount of Sheriff's 'Office account. Tor Ve These monies the cow for release of said funds, same, this Office . n? an order of be forwarded by check. Upon receipt of the court order the funds will This is a follow-up notice to our letter of the disposition of levied/seized goods. Please contact us withidays conc this case. as to?the dispositioon of Tank You for your cooperation. ASSIC?IaEp DEPUTIES: NANCY SHAH VERIFICATION I, JAMES A. DeGAETANO, President of CARLISLE LIVESTOCK MARKET, INC., Plaintiff in the within action, hereby verify that the statements made in the within instrument are true and correct to the best: of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa_C.S. Section 4904, relating to unsworn falsification to authorities. CARLISLE LIVESTOCK MARKET, INC. By? James A. DDate: SAIDIS SHUFF FLOWER . ,. aura :s w. Bitkame Grgde, PA a Law Offices SAIDIS, SHUFF, FLOWERS, LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 Modern Systems International 3450 Ellicot Center Drive Ellicot City, MD 21043-4177 ?i'?lY•;!'e''Z"'•.=..,'a=r -:ter. l .. .r,,. +I• .. t Law Offices SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, Pennsylvania 17013 I I .rY .4 I 1 \? S Iti Frederick S. Weil 13142 Dulaney Valley Road Glen Arm, MD 21057 CARLISLE LIVESTOCK MARKET, INC., Plaintiff, vs. MODERN SYSTEMS INTERNATIONAL and FREDERICK S. WEIL, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - 05224 EQUITY TERM IN EQUITY PRAECIPE TO THE PROTHONOTARY: Please mark the Complaint in this matter reinstated. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for the Plaintiff SAIDIS, SHUFF & MASLAND ATMIW102-A NAW 26 W. HI`A Street Carlisle, PA Date: January 18, 2001 By 26 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 a- U C? r N y - J ?C c ?J cr, r -CZ p o U