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HomeMy WebLinkAbout07-5692Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - S 9-?,_CIVIL TERM WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO'S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 FAF1LESThents\ 11998\l 1998.1.com/nah Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - "%,, CIVIL TERM WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO' S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants COMPLAINT AND NOW, comes the Plaintiff, Tina Bazionis, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Tina Bazionis, is an adult individual residing at 2245C Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Wasch Restaurant Management, LLC, d/b/a Groucho's Big Room Diner ("Defendant Wasch"), is a Pennsylvania limited liability corporation with an address of 1007 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant, William R. Wasch ("Defendant William"), is an adult individual with a business address of 1007 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. COUNT I - BREACH OF CONTRACT 4. On March 17, 2006, Defendant Wasch signed an asset purchase agreement agreeing to purchase the restaurant business known as "Angie's Country Crossing" located at 1007 Ritner Highway, Carlisle, Pennsylvania, from Plaintiff. 5. On March 17, 2006, Defendant Wasch signed, among other things, a PromissoryNote (herein, "Note") and in the amount of $25,000 agreeing to make monthly payments of $1,000.00 to Plaintiff beginning on April 1, 2006. A true and correct copy of the Note is attached hereto as Exhibit «A 6. Defendant has failed to make payments since April 2007 and failed to make a full payment in December. 7. As of this date, Defendant Wasch has failed to pay $6,500.00, and is in breach of the Note. WHEREFORE, Plaintiff demands judgment against Defendant Wasch for the entire outstanding balance of the Note, plus interest, attorneys fees, and costs. COUNT II - QUANTUM MERUIT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant Wasch is liable to the Plaintiff and/or have been unjustly enriched in the amount of the balance on the Note as set forth herein. WHEREFORE, Plaintiff demands judgment against Defendant Wasch for the entire outstanding balance of the Note, plus interest, attorneys fees, and costs. COUNT III - BREACH OF CONTRACT 10. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 9 as if fully set forth. 11. Defendant William executed the Note as co-obligor. See Exhibit "A." 12. Since Defendant Wasch is in breach of the contract, Defendant William is obligated for the outstanding balance on the Note. 13. Pursuant to the Note, Defendant William is liable for the amount owed by Defendant Wasch. 14. Plaintiff has requested payment from Defendant William, but he has failed to pay the same. WHEREFORE, Plaintiff demands judgment against Defendant William for the entire outstanding balance of the Note, plus interest, attorneys fees, and costs. Date: MARTSON LAW OFFICES By S Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" Dated: March 17, 2006 Carlisle, Pennsylvania PROMISSORY NOTE PROMISE TO PAY: FOR VALUE RECEIVED, WASCH RESTAURANT MANAGEMENT, LLC, 1493 Brandt Avenue, New Cumberland, PA 17070, and WILLIAM R. WASCH, individually (collectively referred to as "Maker"), promises to pay to TINA BAZIONIS, with a residence at 2245-C Ritner Highway, Carlisle, Pennsylvania 17013 ("Holder") or to the order thereof, in lawful money of the United States of America, the principal amount of $25,000.00, until paid in full. PAYMENT: Maker will pay this loan in accordance with the following payment schedule: 25 equal monthly payments of interest and principal in the amount of $1,000.00. The first payment shall be made on April 1, 2006, and each subsequent payment shall be made on the 1st day of each month thereafter until the Note is paid in full. Maker will pay Holder at Holder's Carlisle address shown above or at such other place as Holder may designate in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to principal, and any remaining amount to any unpaid costs and late charges. PREPAYMENT: Maker may pay, without penalty, all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Holder in writing, relieve Maker of Maker's obligation to continue to make payments under the above payment schedule. Rather, they will reduce the principal balance due and may result in Maker making fewer payments. DEFAULT: Maker will be in default if any of the following occurs: (a) Maker fails to make any payment when due; (b) Maker breaks any promise Maker have made to Holder, or Maker fails to perform promptly at the time and strictly in the manner provided in this Note, or any agreement related to this Note; (c) Maker defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of the Maker's property or Maker's ability to repay this Note or perform Makers' obligations under this Note or any related agreement; (d) any representation or statement made or furnished to Holder by Maker or on Maker's behalf is false or misleading in any material respect; (e) Maker becomes insolvent, a receiver is appointed for any part of Maker's property, Maker makes an assignment for the benefit of creditors, or any proceeding is commenced either by Maker or against Maker under any bankruptcy or insolvency laws; (f) any creditor tries to take any of Maker's property on which the Holder has a lien or security interest; (g) any of the events described in this default section occurs with respect to any guarantor of this Note; (h) Holder, in good faith, deems Holder insecure. HOLDER'S RIGHTS: Upon default, Holder may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, without notice, and then Maker will pay that amount. Holder may hire or pay someone else to help collect this Note if Maker -10- does not pay. Maker will also pay Holder that amount. This includes, subject to any applicable law, Holder's attorney's fees and legal and court expenses whether or not there is a lawsuit, including attorney's fees and Holder's legal expenses for bankruptcy proceedings ( including efforts to modify or vacate any automatic stay or injunction ), appeals, and any other post- judgment collection costs and services. Maker will also pay any court costs, in addition to all other sums provided by law. If judgment is entered in connection with this Note, interest will continue to accrue on this note after judgment at the rate applicable to this Note at the time judgment is entered. The remedies provided to the Holder in this document in the event of a default or a breach of the conditions herein, shall not be construed to be exclusive of any other remedy available to the Holder and the Holder may exercise any remedy available to Holder. Additionally, the exercise of any one remedy shall not be considered a waiver of all those other remedies available to the Holder. GENERAL PROVISIONS: The interpretation and construction of this Note along with the rights and remedies available to the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. If any provision of this agreement shall be held invalid or unenforceable, such shall not affect any other provision of the Note. This Note represents the entire agreement between the Maker and Holder. No waiver or modification of the terms of this note shall be valid unless in writing, signed by the Maker and Holder IN WITNESS WHEREOF, Makers have caused this Note to be executed under seal this 17`h day of March, 2006. MAKERS WASCH RESTAURANT MANAGEMENT, LLC Bye: ?Wi'l iam R. Wasch, Member William R. sch, Individually COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this the 17th day of March, 2006, before me the undersigned officer, personally appeared William R. Wasch, individually and as Member of Wasch Restaurant Management, LLC, who executed the foregoing Promissory Note for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my h and official seal the day and year aforesaid. ? p (SEAL) Notary Public - 11 - NOTARIAL SEAL VICTORIA L. OTTO, i'i'J-INhf PUBLIC CARLISLE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 26-06 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. Tina Bazionis ._i U' a Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, V. WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO'S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants : NO. 2007 - 5692 CIVIL TERM TO: WASCH RESTAURANT MANAGEMENT, LLC d/b/a GROUCHO'S BIG ROOM DINER, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the )34k day of NOVEMBER, 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $13,500.00, plus interest, attorney fees and costs of suit due under the Note and as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: fi6ve'ok ?u 2 . „11J D !S Prothonotary '50C 01 I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Wasch Restaurant Management, LLC d/b/a Groucho's Big Room Diner 1007 Ritner Highway Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 5692 CIVIL TERM WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO'S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants TO: WILLIAM R. WASCH, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 13 day of November, 2007, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $13,500.00, plus interest, attorney fees and costs of suit due under the Note and as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: Prothonotary ) I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. William R. Wasch 1007 Ritner Highway Carlisle, PA 17013 F: \ FILES\Climts\ 11998\ l 1998.1. pr a. defauldmah Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, Plaintiff V. WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO' S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 5692 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants in the amount of $13,500.00, plus interest, attorney fees and costs of suit due under the Note and as prayed for in the Complaint, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on October 29, 2007, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By r /(_ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: / //P/ 6 F.\F1LES\C1imtsl l 1998\1 1998. L 10daynotice/mah Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO'S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants NO. 2007 - 5692 CIVIL TERM IMPORTANT NOTICE TO: WASCH RESTAURANT DATE OF NOTICE: OCTOBER 29, 2007 MANAGEMENT, LLC d/b/a GROUCHO'S BIG ROOM DINER 1007 Ritner Highway, Carlisle, PA 17013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES BY(?,e- 4w4 - ?-' Christopher E. Rice, Esquire FAFILESTHl is\11998\11998.1.10daynoticeVniah Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007 - 5692 CIVIL TERM WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO'S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants IMPORTANT NOTICE TO: WILLIAM R. WASCH DATE OF NOTICE: OCTOBER 29, 2007 1007 Ritner Highway, Carlisle, PA 17013 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By d4-'7""` -. Christopher E. Rice, Esquire Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, V. WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO' S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 5692 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is not in the military service of the United States of America, that he has knowledge that the said Defendants address is 1007 Ritner Highway, Carlisle, PA 17013. Said Defendant's place of employment is unknown. 61, 3 Christopher E. Rice, Esquire Sworn 'to and subscribed before me this 11. day of 2007. COMMONWEALTH OF PENNSYLVANIA Notarial Seal No ublic Mary M. Price, Notary PubNc Carlisle Born, Cumberland cor rrty My (:orrrnission E)pires Aug. 18.2011 Member, Pennsylvania Association of Notaries Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, V. WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO' S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants : NO. 2007 - 5692 CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendants was given to them by mail on October 29, 2007. Christopher E. Rice, Esquire Sworn to and subscribed before me this I I day of L#ft ? , 2007. iJ,11,q) A a:f, COMMONWEALTH OF PENNSYLVANIA Not ublic Notarial Seal Mary M. Prkx, Notary Pubk Carlisle Bono, CLxnb0WW Can1Y My Comrr Wsion E*M Aug. 18, 2011 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS UP Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, 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: Wasch Restaurant Management, LLC d/b/a Groucho's Big Room Diner 1007 Ritner Highway Carlisle, PA 17013 William R. Wasch 1007 Ritner Highway Carlisle, PA 17013 MARTSON LAW OFFICES By M Price Ten ia High Street Carlisle, PA 17013 (717) 243-3341 Dated: // /v0- This a debt collecting firm. Any information obtained will be used for that purpose. CN O 4 A T a X, C :"a r Co N cm a x CS, .167 co w q xm 68 T AER SHERIFF'S RETURN - REGULAR CASE NO: 2007-05692 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAZIONIS TINA VS WASCH RESTAURANT MGMT ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WASCH RESTAURANT MANAGEMENT D/B/A GROUCHO'S BIG ROOM DINER the DEFENDANT , at 1517:00 HOURS, on the 5th day of October 2007 at 1007 RITNER HIGHWAY CARLISLE, PA 17013 by handing to WILLIAM WASCH, OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Postage .58 Surcharge 10.00 .00 ii?olf6? S/ 33.38 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 10/08/2007 MARTSON LAW OFFICES By: Dep y heriff A. D. CASE NO: 2007-05692 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAZIONIS TINA VS WASCH RESTAURANT MGMT ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WASCH WILLIAM R the DEFENDANT , at 1517:00 HOURS, on the 5th day of October , 2007 at 1007 RITNER HIGHWAY CARLISLE, PA 17013 by handing to WILLIAM WASCH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge qu, »ld'1 So Answers: 6.00 .00 l' .00 f 10.00 R. Thomas Kline .00 16.00 10/08/2007 MARTSON LAW OFFICES Sworn and Subscibed to before me this of By. C/ day D u y Sheriff A.D. t~ FAFILES\Chenrs\11998 ElkounU1998.1.pralmsh Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs TINA BAZIONIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 5692 CIVIL TERM WASCH RESTAURANT MANAGEMENT, LLC, d/b/a GROUCHO' S BIG ROOM DINER, and WILLIAM R. WASCH, Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES 0 By Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: 3 -? f ? 7 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, 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: William R. Wasch 1493 Brandt Avenue New Cumberland, PA 17070 MARTSON LAW OFFICES By V&.) /t (;-,.) M .Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: J/& -,I/e? This a debt collecting firm. Any information obtained will be used for that purpose. t'";} ,7 = ° ?+ ?t ? ?3 . ."€??:. ?n ? ^?+r .. .... :: .,.?.. ` ?? }