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Home My WebLink About99-06524.. ??; SHERIFF'S RETURN - REGULAR CASE NO: 1999-06524 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STONER MICHAEL A VS. STREETGARD INC DAVID MCKINNEY Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon STREETGARD INC the defendant, at 10:20 HOURS, on the 9th day of November 1999 at 405 HEISERS LANE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to CARLEE SUDEKUM a true and attested copy of the COMPLAINT together with NOTICE , and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 3.10 Affidavit .00 ?001 +?f? 2 Surcharge 8.00 R.110111dS Tine, oneriLi; $29.10'MAA TSO bgDEARDORFF, WILLIAMS by -o p?L Sworn and subscribed to before me this 13 5?' day of 19q9 A.D. fuw Y'SL11U11U C1Lp //????-- F%1LETbATAFILMtWDDCW& ,CUM Pod C"MW 1001M 10 b 71 AM 0nr0 1030M0F2711 AM Fw1 MICHAEL A. STONER, Plaintiff V. STREETGARD, INC., a Pennsylvania corporation Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. R q - G Say. &; -i 7`-aq.-, 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 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 Plaintiffs. 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 Telephone (717) 249-3166 No V. Otto, 111, Esquire Mark A, Denlinger, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 MICHAEL A. STONER Plaintiff V. STREETGARD, INC., a Pennsylvania corporation Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Qq - ?0 5?4 CvvC/vti? NO. COMPLAINT AND NOW, comes the Plaintiff, Michael A. Stoner, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: I. Plaintiff Michael A. Stoner is an adult individual who resides at P.O. Box 878, Bozeman, Montana 59771. 2. Defendant Streetgard, Inc. is a Pennsylvania corporation with a registered office at 400 Glen Avenue, Boiling Springs, Pennsylvania 17007 and a principal place of business at P. 0. Box 683267, Houston, Texas 77268-3267. 3. Mr. John K. Rich is the registered Chief Executive Officer and President of Defendant Streetgard, Inc. 4. On or about June 29, 1998, Plaintiffand Defendant, by and through Defendant's Chief Executive Officer, John K. Rich, entered into a Promissory Note, a copy of which is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 5. In accordance with the Promissory Note, Defendant was to make sixty (60) monthly payments of $1,617.36 to Plaintiff on or before the 20th day of each month beginning July 20, 1998. 6. Defendant made payments on the Promissory Note from July 20, 1998 to March 20, 1999. 7. Defendant has not made any payments on the Promissory Note since March, 1999. 8. Defendant is in default under the Promissory Note. COUNT Breach of Contract 9. Paragraphs 1 through 8 above are incorporated herein by reference. 10. The Promissory Note is a complete and binding contract upon both Plaintiff and Defendant. 11. Defendant has breached his contractual obligation by not making any payment on the Promissory Note since March, 1999. 12. Plaintiff has fulfilled all his obligations and conditions under the Promissory Note and has fully performed the contract. 13. Plaintiff has suffered damages in the amount of S 11.992.89 due to Defendant's default and failure to pay $1,617.36 a month, which includes interest at 5.93% calculated through the date of filing, as required under the Promissory Note. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $11,992.89, plus interest and costs, which is within the amount requiring compulsory arbitration. Respectfully submitted, MA SON DEARDORFF WILLIAMS & OTTO By ivo V. Otto, 111. Esquire I.D. No. 27763 Mark A. Denlinger, Esquire Date of Admission: October 21, 1999 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: October 26, 1999 The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, 1 have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Michael A. Stoner ri C F I Vf e. J OCT 2) 5 1999 Exhlblt A S83,800 Harrisburg, PA June 29, 1998 FOR VALUE RECEIVED, the undersigned, STREETCARD, INC. ("Maker"), a Pennsylvania corporation with offices at P.O. Box 604, Boiling Springs, PA 17007 promises to pay to the order of Michael A. Stoner ("Holder"), an individual whose address is P.O. Box 878 Bozeman, MT 59771, in immediately available funds at Holder's address set forth herein, or at such other location as the Holder may designate from time to time, the principal sum of Eighty- Three Thousand Eight Hundred Dollars ($83,800) plus interest at 5.93%, the Applicable Federal Rate for mid-term debt compounded annually for June, 1998. This Note is being issued to Holder in connection with the assignment to Maker of 1,600 shares of stock in Maker previously owned by Holder. Maker may prepay this Note in whole or part without penalty at any time or from time to time, provided however, that such prepayment shall first be applied to all sums owed to Holder hereunder other than principal and interest, next to interest, and then to principal. The principal and interest payments shall be made in Sixty (60) equal consecutive monthly installments of One Thousand Six Hundred and Seventeen Dollars and Thirty Six Cents ($1,617.36) on or before the twentieth day of each month beginning in the first full month after the date hereof. If any payment of principal or interest on this Note shall become due on a Saturday, Sunday or on any holiday, such payment shall be made on the next succeeding business day. All payments made hereunder shall be applied first to all sums owed to Holder hereunder for interest, and then to principal, or in such other order or proportion as the Holder, in its sole discretion, may elect from time to time. Maker shall be in default under this Note upon the happening of any of the following events of default ("Event of Default"): (a) default in the payment when due of the principal of or interest on this Note, which default continues unremedied for a period of thirty (30) days after written notice from Holder; (b) any default in the performance by Maker of any other condition or covenant contained in this Note, which default continues unremcdied for a period of thirty (30) days after written notice from Holder; (c) all or substantially all of the assets of Maker are sold to a third party who is unaffiliated with Maker or any shareholder of Maker; (d) the dissolution of Maker or the winding up of its affairs; and (e) the insolvency of, the appointment of a receiver of any part of the property of, the assignment for the benefit of creditors by, or the commencement of proceedings under any bankruptcy or insolvency laws by or against Maker. Maker may not assign its obligations hereunder without prior written consent of Holder. This Note shall bind Maker and its permitted successors and assigns, and the benefits hereof shall inure to the benefit of Holder and its permitted successors and assigns. All references herein to "Maker" and "Ilolder" shall be deemed to apply to Maker and Holder, respectively, and their respective permitted successors and assigns. This Note and the rights and obligations of the parties hereto shall for all purposes be governed by and construed and enforced in accordance with the substantive law of the Commonwealth of Pennsylvania without giving effect to principles of conflicts of law. WITNESS the due execution hcrcofon the date first above written with the intention that this Note shall constitute a sealed instrument. MAKER STREETGARD, IN John K. %ch, President 2 HBG1: 83787.1 J ? R L ?... Y C rn .. c? V