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Home My WebLink About03-3439JOHN GROSS & COMPANY, 1NC., Plaintiff SWATARA MANAGEMENT GROUP, LLC, d/b/a PINE GROVE TRAVEL CENTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Date: I.D. Number 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff John Gross & Company, Inc. & OTTO JOHN GROSS & COMPANY, 1NC., Plaintiff SWATARA MANAGEMENT GROUP, LLC, dPo/a PINE GROVE TRAVEL CENTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION- L6.W NO. 03. COMPLAINT AND NOW, comes Plaintiff~ John Gross & Company, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, John Gross & Company, Inc., is a Pennsylvania corporation with a principal place of business at 400 Cheryl Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Swatara Management Group, LLC, d/b/a Pine Grove Travel Center, is a Pennsylvania limited liability company with a registered address of c/o Kane Pugh Knoell & Driscoll, 510 Swede Street, Norristown, Pennsylvania, 19401, and a business address of 473 Swedburg Road, Pine Grove, Pennsylvania, 17963. 3. On May 20, 1998, Plaintiff received a credit application and agreement signed by Jerry S. Munger, manager of Swatara Management Group, LLC. A copy of the credit application is attached hereto as Exhibit A. 4. From May 20, 1998 up until January 31, 2003, Plaintiff provided goods and services to the entity known as Pine Grove Travel Center. As of January, 2003, there was an outstanding balance on the account of$11,753.20. 5. The credit application clearly indicates that John Gross & Company, Inc. is located in Cumberland County, Pennsylvania, and all payments made by Defendants on their account were received in Cumberland County, Pennsylvania, under the agreement between the parties. 6. The credit application indicates that Plaintiff is entitled to reasonable attorney's fees and costs if the accounts are turned over for collection. 7. The credit application indicates that Plaintiff is entitled to interest charges of 1.5% per month or 18% per year on any account balances not satisfied within 30 days ora billing date. 8. On or around January 31, 2003, Plaintiff sent Defendant a billing statement and a letter demanding payment of the unpaid accotmt balance of$11,753.20. amount due. 10. Despite repeated demand, no payment has been made by the Defendant for the COUNT I- BREACH OF CONTRACT Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. Defendant has breached an express or implied agreement, directly or through agents, to pay for the goods and services provided to it. WHEREFORE, Plaintiff, John Gross & Company, Inc. demands judgment against the Defendant in the amount of $11,753.20, plus attorney's fees, interest, and costs. COUNT II- OUANTUM MERUIT 12. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 11 as if fully set forth. 13. The Defendants are liable to the Plaintiff and/or have been unjustly enriched in the amount of $11,753.20. WHEREFORE, Plaintiff, John Gross & Company, Inc., demands judgment against the Defendant in the amount of$11,753.20, plus pre-judgment and post-judgment interest, costs, and attorney's fees. Date: MARTSON~DEARDORFF WILLIAMS & Carl C. Risch, Esquire I.D. Number 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff, John Gross & Company, Inc. OTTO Exhibit A CREDIT APPLICATION AND AGREEMENT bbC_- this ]~? .-- __ Home ~'hone J~_( } ...... EXHIBIT A VERIFICATION 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, I 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. Charles Hoffman," ,F~, ar'fcial Manager, John Gross & Comlg~ny, Inc. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-03439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROSS JOHN & COMPANY INC VS SWATARAMANAGEMENT GROUP ET AL Thomas Kline duly sworn according to law, says, that he made a diligent and inquiry for the within named DEFENDANT , to wit: SWATARA MANAGEMENT GROUP D/B/A PINE GROVE TRAVEL CENTER but was unable to locate Them in his deputized the sheriff of MONTGOMERY serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being search and bailiwick. He therefore County, Pennsylvania, to On August 8th , 2003 , attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 33.00 .00 70.00 08/08/2003 MDW&O Sworn and subscribed to before me this ~?~ day of A.D. Prothonotary' this office was in receipt of the Sheriff of Cumberland County In The Court of Common Pleas of.Cumberland County, Pennsylvania John Gros~ & Cdllpany Inc VS. Swatara Manag~nent Group LLC d/b/a Pine Grove Travel Center No. 03-3439 civil SERVE: same Now, July 22, 2003 , I, SHEFJFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Montgcmery County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service and made known to ,20 0 ~ , at copy of the original So answers, o'clock /~ M. served the (~,rz the contents thereof. Sworn and subscribed before me this %_ day of ~(~,20(~ COSTS SERVICE MILEAGE AFFIDAVIT SHERIFF'S RETURN PROTHONOTARY Z- 3238 DEFENDANT: Swatara Management Group c/o Kane Pugh Knoell & Driscoll d/b/a Pine Grove Travel Center DOCUMENT SERVED: Civil INDIVIDUAL SERVED: Michael Munger RELATIONSHIP TO DEFENDANT: Person In Charge DATE AND PREVAILING TIME: July 28, 2003 ~ 10:00 LOCATION: 510 Swede Street, Norristown, PA August 1, 2003 Notary Public Sheriff of Montgomery County Deputy Sheriff Cavalier JOHN GROSS & COMPANY, 1NC., Plaintiff SWATARA MANAGEMENT GROUP, LLC, dPo/a PINE GROVE TRAVEL CENTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. - 3q X3 TO: SWATARA MANAGEMENT GROUP, LLC, d/b/a PINE GROVE TRAVEL CENTER PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the mount orS11,753.20, plus interest, costs of suit and attorney fees as prayed for in the Complaint for failure to file an answer to Plaintiffs Complaint. I do hereby certify that a written notice ofimention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on August 25, 2003, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: MARTSON, DEARDORFF, WILLIAMS & OTTO Carl C. Risch, Esquire I.D. Number 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff John Gross & Company, Inc. JOHN GROSS & COMPANY, INC., Plaintiff SWATARA MANAGEMENT GROUP, LLC, dPo/a PINE GROVE TRAVEL CENTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 0~- g'~33 TO: SWATARA MANAGEMENT GROUP, LLC, d/b/a PINE GROVE TRAVEL CENTER You are hereby notified that on ~/R., 2003, the following Judgment has been entered against you in the above-captioned case. Date: Prothonotary ,~z, I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Swatara Management Group, LLC Kane Pugh Knoell & Driscoll 510 Swede Street Norristown, PA 19401 JOHN GROSS & COMPANY, 1NC., Plaintiff SWATARA MANAGEMENT GROUP, LLC, d/b/a PINE GROVE TRAVEL CENTER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 03~3439 TO: SWATARA MANAGEMENT GROUP, LLC, d/b/a PINE GROVE TRAVEL CENTER 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 (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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Dated: t/ MARTSON DEARDORFF WILLIAMS & OTTO Carl C. Risch, Esquire I.D. Number 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 A ttorneysfor Plaintiff John Gros.y & Company, Inc. U.S. POSTAL S~R¥1CE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND iNTERNATiONAL MAIL DOES NOT PS Form 3817, Mar, 1989 CERTIFICATE OF SERVICE I, Steven J. Shanahan, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Swatara Management Group, LLC Kane Pugh Knoell & Driscoll 510 Swede Street Norristown, PA 19401 MARTSON DEARDORFF WILLIAMS & OTTO Steven J. Shanahan Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 12, 2003