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HomeMy WebLinkAbout07-6003Commonwealth of Pennsylvania Court of Common Pleas Judicial District NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Common Pleas No. b ti- t coz) 0iyII_ ?(JM NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the Date and in the case mentioned below. Name of Appellant Access Personnel Services, Inc. I Mag. Dist. No. or Name of D.J. v4 -2 - fly Address of Appellant ??? ? / l ?*/- City State Zip Code Y?/ C/??../? G 'V ? ? '' Access ,rso?tne Services, Inc. Date of Judgment ITOf jt'.,?n jJ) Drrn ?i Claim No. Signature of Appellant or His Attorney or Agent O T A 19 Z dL, This block will be signed ONLY when this notation is required under Pa. v R.C.P.J.P. No. 10088. If appellant was Claimant (see Pa.R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE OF APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of the form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.J.P. No. 1001(7) in the action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon z(2L/kf'y-1)/. -___ - , appellee(s) to file a complaint in this appeal 2-7- (0003 Ovi I -re" (Common Pleas No ) within twenty (2) days after service of rule or suffer entry of judgment of non pros. ignature of p ellant or His Attorney or Agent RULE: ToeQC CA I ? X-1 f-T-66 , appellee(s) meo p ees (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule is service was by mail is the date of mailing. Date: 20 Ul Sig ture of Prothonotary or Deputy Court File I Court Proof of Service I Appellant's Copy I Appellee's Copy I District Justice b?- O W _Tj r v1?7Vr wi ri-I Y , C:D 20 W 07_ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Proof of Service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the Notice of appeal. Check applicable boxes) Commonwealth of Pennsylvania County of Ca ss AFFIDAVIT: I hereby swear or affirm that I served 07- lo3 0ivi I exrn a copy of the Notice of Appeal, Common Pleas No. upon District Justice designnated therein on (date of service) 20_?n X by personal s rvice L b certifi eA& a isIt d ail, sender's Inc. receipt attached hereto, and upon the appellee, (name) ?CCeSS 'e SOnne erICeS, , on 20_pl Kby personal service J by certified/registered mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 1Qh j 20 L by personal service by certified/registered mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SU CRI,B,E?D BEFORE ME F) I 1 20 THIS DAY OF y i Signature of Affiant Q__-SierrMuuree of O ial Before Whom Affidavit was made Title of Official My Commission Expires on __1 Q - 2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL OMDIO SANABRIA, Notary Public Cof Lancaster, Lancaster County My Expires Oct. 26, 2009 C? v "r! TFi;i; Q - n {i1 -e rn 1-41 .''T - i COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Msg_ Dst. No.: 09-3-05 MDJ Name: Hon. MARK MARTIN Address: 507 N YORK ST MECHANICSBURG, PA Telephone: (717 766-4575 17055 ACCESS PERSONNEL SERVICES, INC 38-42 WEST ORANGE STREET LANCASTER, PA 17603 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDGMENT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) '. in the amount of $ 6,462.0 COCCIARDI AND ASSOCIATES ACCESS PERSONNEL SERVICES, INC Defendants are jointly and severally liable. 1-1 Damages will be assessed on Date & Tim( This case dismissed without prejudice. F] Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 F] Portion of Judgment for physical damages arising out of residential lease $-- Amount of Judgment $ 6,334.01 Judgment Costs $ 128.00 Interest on Judgment $ Attorney Fees $ Total $ 6,462.01 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. € '- ;°" Date Magisterial District Judge I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2012 AOPC 315-07 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS FCOCCIARDI AND ASSOCIATES 7 4 KACEY COURT MECHANICSBURG, PA 17055-5596 L J VS. DEFENDANT: NAME and ADDRESS 7ACCESS PERSONNEL SERVICES, INC 7 38-42 NEST ORANGE STREET LANCASTER, PA 17603 L J Docket No.: CV-0000281-07 Date Filed: 8/15/07 o ? (Date of Judgment) 9/14/07 , Magisterial District Judge SEAL DATE PRINTED: 9/14/07 10:41:00 AM 1 a w COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND Mag. Dist. No. 09-3-05 MDJ Narne. Hon. MARK MARTIN Address 507 N YORK ST MECHANICSBURG, PA Telephone (717 ) 766-4575 17055 ACCESS PERSONNEL SERVICES, INC 38-42 WEST ORANGE STREET LANCASTER, PA 17603 CIVIL ACTION HEARING NOTICE PLAINTIFF: NAME and ADDRESS FCOCCIARDI AND ASSOCIATES 4 KACEY COURT , PA 17055-5596 L vs. DEFENDANT: NAME and ADDRESS FACCESS PERSONNEL SERVICES, INC 38-42 PEST ORANGE STREET LANCASTER, PA 17603 7 J 7 L_ J Docket No.: CST-0000281-07 Date Filed: 8/15/07 A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for: Date: 9/14/07 Place: DISTRICT COURT 09-3-05 507 N YORK ST Time: 9:05 AM MECHANICSBURG, PA 17055 717-766-4575 NOTICE TO DEFENDANT If you intend to enter a defense to this complaint, you should so notify this office immediately at the above telephone number. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within magisterial district judge jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five days before the date set for the hearing. Pursuant to Pa.R.C.P.D.J. No. 342(8)(2), no claim by the defendant will be permitted in a supplementary action filed for failure of judgment creditor to enter satisfaction. NOTICE TO PLAINTIFF Pursuant to Pa.R.C.P.D.J. No. 318, you or your attorney will be notified if the defendant gives notice of his/her intention to defend. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. DATE PRINTED: 8/15/07 1:32:28 PM AOPC 30813-05 "OMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-3-05 District Justice Name: Hon. MARK W. MARTIN Address: 507 North York Street MECHANICSBURG, PA 17055 Telephone: (717)766-4575 FILING COSTS POSTAGE SERVICE COSTS CONSTABLE ED. TOTAL AMOUNT $ 107.85 $ 15.15 $ 5.00 $ 128.00 DATE PAID 8 / 15 / 07 CIVIL COMPLAINT PLAINTIFF: NAME and ADDRESS Cocciardi and Associates, Inc. 4 Kacey Court Mechanicsburg, PA 17055 VS. DEFENDANT: NAME and ADDRESS 1 Access Personnel Services, Inc 38-42 West Orange Street Lancaster, PA 17603 Docket No.: CV-281-07 Date Filed: '8/15/07 ' Pa.R.C.P.D.J. No. 206 sets forth those costs recoverable by the prevailing party. TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 6.334.01 upon the following claim (Civil fines must include citation of the statute or ordinance violated): costs March 3, 2006: The Defendant contracted with the Plaintiff for professional services. The contract provided for interest at the rate of 1.5% per month after the first thirty (30) days. The Plaintiff has provided professional services to the Defendant totalling $5,225.00. As of April 30, 2007 interest in the amount of $1,109.01 has accrued on the outstanding principal balance, interest continues to accrue. Despite demand, Defendant has failed to pay. I, Joseph Cocciardi verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief. This statement is made subjec penalties of Section 4904 of thg Crimes Code (18 PA. C.S. § 4904) related to unsworn falsification to authorities. t t Plaintiff's (Signs re of Plaintiff or Authorized Agent)?- Attorney: DEAN E. REYNOSA Address: 2109 ARKET STREET Telephone: (717)737.3405 CAMP ILL, PA 17011 IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY BE ENTERED AGAINST YOU BY DEFAULT. If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the hearing. If you are disabled and require a reasonable accommodation to gain access to the Magisterial District Court and its services, please contact the Magisterial District Court at the above address or telephone number. We are unable to provide transportation. AOPC 308A-03 ` COMMONWEALTH OF PENNSYLVANIA COUNTY OF: LANCASTER Maa. D!St. NO.: 02-2-02 MDJ Name: Hon. L22255 CE A. ROTH Address: W RING ST CASTER, PA Telephone: 1717) 295-2000 17603 REMITTER SAIDIS FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, PA 17011 RECEIPT OF PAYMENT PLAINTIFF: I.COCCIARDI AND ASSONAME and ADDRESS 4 BACEY CT MECHANICSBURG, PA 17055-5596 L VS DEFENDANT: . NAME and ADDRESS (ACCESS PERSONNEL SERVICES INC 38-42 W ORANGE ST LANCASTER, PA 17603 L J J Docket No.: MD-0000115-07 Date Filed: 8/31/07 RE CEIPT NO: 141369 DATE: 8/31/07 RCE: PAID By MAIL PAGE: 1 HOD: PAID BY CHECK AMOUNT RECEIVED: $ 15.50 C K#: 50030 AMOUNT APPLIED: $ 15.50 [ COLLATERAL APPLIED: $ . 00 U AL RECEIPT#: CHANGE: $ . 00 TION#: TS INCLUDED ON: NEXT PAYMENT AMOUNT: NEXT PAYMENT DATE: NEXT PMT TYPE: PAYMENT DESCRIPTION BALANCE FWD AMT APPLIED CURRENT BAL SERVER FEES UNASSIGNED 15 50 . ______ 15.50- .00 TOTAL _______ _ 15.50 15.50- .00 ESCROW DESCRIPTION BALANCE FWD AMT APPLIED CURRENT BAL SERVER FEES ES UNASSIGNED 00 . 15.50- 15.50- TOTAL .00 15.50- _ 15.50- CURRENT BALANCE DUE .00 RECVD FROM SAIDIS FLOWER & LINDSAY BLM THANK YOU! DATE PRINTED: 8/31/07 9:31:03 AM AOPC 450-99 cces, Personnel Services, I October 9, 2007 Honorable Mark Martin 507 N. York Street Mechanicsburg, PA 17055 Dear Sir: This correspondence is to serve as my official notification of my intent to file an appeal of the judgment entered in favor of Cocciardi and Associates in the case of Cocciardi and Associates vs. Access Personnel Services, Inc.. The reason for my appeal in this case is based on the fact that neither I or Access Personnel Services, Inc. entered into a contract with the Plaintiff, and I am the only person authorized to enter into a contract on behalf of Access Personnel Services, Inc.. From the onset it was my and Mr. Cocciardi's understanding that either The City of Lancaster or The Lancaster County Convention Center were hiring Mr. Cocciardi to perform the training. In an effort to assist the project's stakeholders I agreed to allow Mr. Cocciardi to use space, (free of charge) in a property that I own in Lancaster city. Even though I never entered into or signed any agreement with the plaintiff I did agree to call on the City and Authority's officials to make them aware of Mr. Cocciardi's unpaid invoice, which I did on several occasions. I was quite surprised to find that this case had even gone this far without proof of a contract signed by myself. I feel that I, just as Mr. Cocciardi are victims of the individual who signed his contract because if that individual represented himself as having the authority to bind Access to a contract fraud was committed. I hope that the above fully explains my position and reason for appealing this erroneous judgment, but should you have any questions or require further information I will be more than happy to comply. S' erely, G. iller President/CEO "One step at a time." 38-42 West Orange St. • Lancaster, Pennsylvania 17603 (717) 397-9072 • Fax (717) 397-9047 • www.accessworks.com In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC., and JAMES B. CHRISTIAN CIVIL TERM Defendants, NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. AVISO Usted ha sido demandado/a en coue. Si usted desea defenderse de las demandas que se presentan ma's adelante en las siguientes paginas, debe tomar accidn dentro de los prdximos veinte (20) dias despues de la notificacidn de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accidn como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacidn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. IF YOU DO NOT HAVE A LAWYER CONTACT: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. : Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN CIVIL TERM Defendants, COMPLAINT AND NOW1 comes the Plaintiff, COCCIARDI AND ASSOCIATES, INC., by and through its attorneys, Saidis, Flower & Lindsay and respectfully represents as follows: 1. Plaintiff, COCCIARDI AND ASSOCIATES, INC. is a Pennsylvania corporation with its offices located at 4 Kacey Court, Mechanicsburg, PA 17055-5596. 2. Defendant Access Personnel Services, Inc. (hereinafter Defendant "Access") is a Pennsylvania corporation with its principal place of business of 38-42 West Orange Street, Lancaster, PA 17603. 3. Defendant James B. Christian is an adult individual who is last believed to reside at 1827 Glenbrook Ave., Lancaster PA, 17603. COUNTI BREACH OF CONTRACT COCCIARDI AND ASSOCIATES, INC. v. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN 4. Paragraphs 1 through 3 are incorporated herein by reference as if fully set forth at length below. 5. On or about March 3, 2006 Plaintiff and Defendants entered into a written Contract concerning Plaintiff's professional services. The Contract is attached hereto and incorporated herein as Exhibit A. 6. The Contract provides for a flat rate of $5,225.00 for professional services in the nature of a training course concerning asbestos removal. 7. Defendant Christian acting with actual or apparent authority accepted the terms of the Contract. 8. Defendant Access, by and through its agent James B. Christian, accepted the terms of the Contract. 9. The Plaintiff provided professional services to the Defendants between March 8, 2006 and March 11, 2006. 10. Despite repeated demands, the Defendants have breached the Contract by failing to pay for the services provided by Plaintiff. 11. There is currently a principal balance of $5,225.00 due and owing to the Plaintiff. Invoices concerning the outstanding balance and interest through September 30, 2007 are attached hereto and incorporated herein as Exhibit B. 12. The Contract provides that interest will accrue at the rate of 1 '/2% after the first month. 13. As of September 30, 2007, there was an interest balance in the amount of $ 1,595.58 due on the outstanding principal balance. 14. Interest continues to accrue on the outstanding principal balance. 15. The amount in controversy is within the Cumberland County arbitration limits. WHEREFORE, Plaintiff, Cocciardi and Associates, Inc. demands judgment in its favor in the amount of $ 5,225.00 plus interest of $ 1,595.58 and costs. COUNT II UNJUST ENRICHMENT COCCIARDI AND ASSOCIATES, INC. v. ACCESS PERSONNEL SERVICES, INC. 16. Paragraphs 1 through 15 are incorporated herein by reference as if fully set forth at length below. 17. At Defendant Access' request, the Plaintiff provided professional services between March 8, 2006, and March 11, 2006, to a group of students concerning the removal of asbestos. 18. The Plaintiff provided the educational course at Defendant Access' facility and thereby directly benefited Defendant Access in the furtherance of its business activities. 19. The Plaintiff relied upon the actual and/or apparent authority of Defendant Access' agent that it would be paid for its professional services. 20. Despite repeated demands, Defendant Access has refused to make payment. 21. Defendant Access has become unjustly enriched at the Plaintiff's expense. 22. The amount in controversy is within the Cumberland County arbitration limits WHEREFORE, Plaintiff, Cocciardi and Associates, Inc. demands judgment in its favor in the amount of $ 5,225.00 plus interest of $ 1,595.58 and costs. Respectfully submitted, Date SAIDIS, FLOWER & LINDSAY can E. Re osa Attorney I.D. 0440 Attorney for Pl 'ntiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 COCCIARDI and Associates, Inc. Safety • Health • Environmental Consulting and Training Ms. Terry Hillary Access Personnel 38-42 West Orange Street Lancaster, PA 17603 Re: Proposal of Services ACM Worker Training Bid #06/092 Dear Ms. Hillary: Thank you for your recent inquiry regarding asbestos training services. Based on the information provided by yourself during our recent telephone conversation, Cocciardi and Associates, Inc. (Cocciardi) proposes the following scope of services and associated cost estimates. Scope of Services Provision for a four (4) day asbestos containing material abatement worker course in accordance with the requirements identified by the Pennsylvania Department of Labor and Industry (PA DOLT) and US Environmental Protection Agency in 40 CFR Part 763. Cocciardi understands that this course will be provided at your location on West Orange Street in Lancaster, Pennsylvania for a maximum of fifteen (15) students. Cocciardi also understands that this training will occur from March 8 - 11, 2006. In addition to certification under 40 CFR Part 763, individuals successfully completing this course including a written exam and hands-on practicals will receive training in accordance with the respiratory protection requirements in 29 CFR 1910.134. Additionally, these individuals who are clean shaven and medically approved may receive qualitative and/or quantitative fit testing during this training session. Cost: $5,225.00 Ms. Hillary, I hope you find the above information helpful. If you have any questions or wish to schedule these services, please feel free to contact me at (717) 766-4500. Sincerely, eve . tom, CIH, CSP, REHS, RS Senior Professional Cocciardi and Associates, Inc. Doc / bids /2006/06.092.doc 4 Kacey Court • Mechanicsburg, PA 17055-5596 • (717) 766-4500 • FAX (717) 766-3999 330 Montage Mountain Road, Suite 100 • Moosic, PA 18507 • (570) 963-0240 • Fax (570) 963-0242 Ms. Terry Hillary March 1, 2006 Page 2 If you agree with these terms and conditions (see attached), and wish to schedule these services, please sign below and return this proposal. This signed proposal will constitute a binding contract between both parties. Any changes, additions, stipulations or deletions, including corrective lining out by either party will not be considered agreed to or binding to the other unless such modifications have been initialed or otherwise approved in writing by the other. Please note, a finance charge of one and one-half (1.5) percent per month (annual rate of 18%) will be added to any account balance which remains outstanding for more than THIRTY (30) DAYS from the date balance is first invoiced. Print Name D to For invoicing, please supply company Purchase Order: _Vffro k , Bid #06/092 Cocciardi and Associates, Inc. Safety-Health-Environmental Education and Consulting 4 Kacey Court Mechanicsburg, PA 17055 (717) 766-4500 Fax (717) 766-3999 TO: Access Personnel Services, Inc. 38-42 West Orange Street Lancaster, PA 17603 Attn: James Christian INVOICE JOB NO: #06-8074 DATE: March 13, 2006 P.O. # CUSTOMER # DATE DESCRIPTION UNIT PRICE AMOUNT March 8-11, 32-Hour Asbestos Abatement Worker Initial Training and 2006 Respirator Fit Testing at the Access Personnel facility per Cocciardi and Associates, Inc. Proposal of Services #06/092 $5,225.00 COCCIARDI AND ASSOCIATES, INC. IS A QUALIFIED SMALL BUSINESS CONCERN AS DEFINED IN 4 PA CODE 2.32. FEDERAL I.D. #25-1684902 SUBTOTAL $5,225.00 SALES TAX SHIPPING & HANDLING TOTAL DUE $5,225;00] For your convenience we now accept Visa, MasterCard, Discover, American Express and Diners Club International. 1.5% Fin. Chrg added after 30 days. Please reference Job # on your payment. Make all checks payable to: Cocciardi and Associates, Inc. 3172ir 3 NK YO LT FOR YOZJ'R BZT?SINRSS! I STATEMENT PAGE I Joseph A. Cocciardi & Asc,Inc 4 Kacey Court Mechanicsburg, PA 17055 USA (717)766-4500 FX:(717)766-3999 Access Personnel Services, Inc Mr, James Christian - 38-42 West Orange Street Lancaster, PA 17603 w Date 03/!3/06 03/13/06 04/30/06 05/31/06 06/30/06 07/31/06 08/31/06 j 09/30/06 1 10/31%06 11/30/06 i 12/31/06- 01/31/07 02/28107 103/31/07 j 04/30/07 i 05/31/07 06/30/07 07/31/07 08/31/07 09/30/07 Invoice No. 00004923 Account No. ; Da 12- 1 09/30/07 j Total Amount Due 6,820.58 Amount Remitted Please cut at dotted line and return with your payment Description OPENING BALANCE Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Finance Charge Charges 5225.00 78.38 79.56 79.56 81.94 83.17 83.17 85.67 85.67 88.25 89.57 89.57 92.25 92.25 95.01 95.01 97.87 99.34 99.34 Payments Balance 0.00 5,225.00 5,303.38 5,382.94 5,462.50 5,544.44 5,627.61 5,710.78 i 5,796.45 5,882.12 5,970.37 6,059.94 6,149.51 i 6,241.76 i 6,334.01 6,429.02 6,524.03 6,621.90 6,721.24 6,820.58 ENDING'BALANCE + 1 6,820.58 Current 31 - 60 1 61 - 90 I 90+ ' Total Amount Due 198.68 0.00 97.87 6,524.03 1 6,820.58 Joseph A. Cocciardi & Asc,Inc Thank YOU. 717-737-3407 SAIDIS SHUFF FLOWER 163 P08 OCT 25 107 09:46 VERMCATIUN I, Joseph Cocciardi hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge 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 Dated: tob& - , 2007 1 cciardi & Associates, Inc. In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN Defendants, CERTIFICATE OF SERVICE AND NOW, October ? -2007, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Complaint upon the following counsels of record by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed as follows: Access Personnel Service, Inc. 38-42 West Orange Street Lancaster, PA 17603 ?-? ?? ?. _ ,M:? rz s..r r.LL,? ? ` ?.?? 3 +{?- r ,_?'n .? .. -ir ?'r `^i ?^?? -? '-?'+ V In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-6003 VS. ; ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN CIVIL TERM Defendants,. . PRAECIPE TO REINSTATE COMPLAINT To: The Prothonotary of Cumberland County: Please reinstate the Complaint filed in this matter. Respectfully submitted, SAIDIS, FLOWER & LINDSAY (-3f o -1 By: Date Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES INC. and JAMES B. CHRISTIAN Defendants, CERTIFICATE OF SERVICE AND NOW, November 2O , 2007, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Reinstate Complaint upon the following counsels of record by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed as follows: Access Personnel Service, Inc. 38-42 West Orange Street Lancaster, PA 17603 Dean osa, Esquire ? ? w O !»%S a TO In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. : Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN CIVIL TERM Defendants, PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter judgment of default in favor of Cocciardi and Associates, Inc. and against Defendant Access Personnel Services, Inc., for its failure to plead to the complaint in this action within the required time. The complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Access Personnel Services, Inc., was served with the Complaint on or about October 30, 2007, and its answer was due to be filed on or about November 20, 2007. Attached as Exhibit "A" is a copy of Plaintiff s written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to Defendant Access Personnel Services, Inc., at its last known address of 38-42 West Orange Street, Lancaster, PA 17603 on November 21, 2007, which is at least 10 days prior to the filing of this Praecipe. Please assess damages as follows: Amount of Claim $ 5,225.00 Interest 1,800.22 Total DAMAGES ASSESSED AS ABOVE: /?'oOTHONOTARY $ 7,025.22 SAIDIS, FLOWER & LINDSAY 1. BY: can E. Reynosa, hSQ. PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN CIVIL TERM Defendants, . TO: Access Personnel Service, Inc. 38 - 42 West Orange Street Lancaster, PA 17603 DATE OF NOTICE: November 21, 2007 IMPORTANT TEN DAY 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 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 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 800-990-9108 Respectfully submitted, R & L 7y SAAE.) By40 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 EMAIL: dreynosa@sfl-law.com www.sf]-law.com ?I l Q? CAR SLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL November 21, 2007 Access Personnel Service, Inc. Attn: Accounts Payable 38-42 West Orange Street Lancaster, PA 17603 RE: Cocciardi & Associates, Inc. v. Access Personnel Services, Inc. and James B. Christian, No. 07-6003 To Whom It May Concern: Claim. Please review the enclosed Important Ten Day Notice regarding the above-referenced Very truly yours, SAIDIS, FLOWER & LINDSAY DER/yms cc: Mr. Joseph A. Cocciardi In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN Defendants, CERTIFICATE OF SERVICE AND NOW, December 2007, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Judgment of Default upon the following counsels of record by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed as follows: Access Personnel Service, Inc. 38-42 West Orange Street Lancaster, PA 17603 r De E. Reynosa, squire In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. : Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN CIVIL TERM Defendants, NOTICE OF JUDGMENT BY DEFAULT FOR DEFENDANT ACCESS PERSONNEL SERVICES, INC. Pursuant to Pa. R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against Defendant Access Personnel Services, Inc., in the above proceeding. 'P OTHONOTARY If you have any questions concerning this Notice, please contact Attorney Dean E. Reynosa, with the law firm of Saidis, Flower & Lindsay, Attorney for Plaintiff, (717) 737-3405. r.' t Y -rl i - 4-- r- F 1 r_- ` C.S" SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COCCIARDI AND ASSOCIATES VS ACCESS PERSONNEL SERVICES LLC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: CHRISTIAN JAMES B but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NnTTrP County, Pennsylvania, to On December 6th , 2007 , this office was in receipt of t attached return from YORK _ Sheriff's Costs: So Docketing 18.00 Out of County 9.00 Surcharge 10.00 7R.hh ma s K ine Dep York County 46.69 ff of Cumberland County Postage 1.55 u1 85.24 ?la-ll p 12/06/2007 SAIDIS FLOWER LINDSAY Sworn and subscribe to before me this day of A. D. , SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 Cocciardi and Associates Inc SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. H PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. y 1. PLAINTIFF/S/ 2. COURT NUMBER 07-6003 civil 3. DEFENDANT/S/ Access Personnel Services Inc et al 4. TYPE OF WRIT OR COMPLAINT Notice and Complaint 3 H 0 n Z SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED Janes B. Christian 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1827 Glenbrook Avenue Lancaster, PA 17603 7. INDICATE UNUSUAL SERVICE: ? DEPUTIZE ? OTHER Now, November 5 20 07 , I, SHERIFF OF V COUNTY, PA., do heZ_Pymu utize the Stj 01. f Lancaster County to execute this Writ _ QOn r there o ?fE to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OFOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland • Please mail return of service to CLnberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE DEAN >+ REYNOSA FSQ 717-737-3405 10/30/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) SAIDIS FLOWER & LINDSAY 2109 MARKET ST. SPACE BELOW FOR USE OF SHERIFF ONLY --- DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. I JACKIE MICCTCHE 717-390-2309 I 11/6/07 11/29/07 16. 1 hereby CERTIFY and RETURN that 10 have personally served, ? have legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- p_Pation, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., nam above. (See remarks below) ,pd 1 ame and title of individual served (if not shown above) (Relationship to Defendant) 1 No Service Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) AM PM EST EDST 23. ATTEMPTS Djto I/7Zc I Miles 7 Dep. Int. iq m4' Data,, Miles D t5_ Da a IN Miles _7 Dep. Int. M4H Date Miles Dep. Int. Date Miles Dep. Int. 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/Posta,te/N.F. 28. Total Costs 29. COST DUE OR REFUND t 150.00 36.50 y (P I (09 LC6t3) 30. REMARKS: S.T.A.: s 31. AFFIRMED and subscribed to before me this 34. day of 32. Signature of Dep. Sheriff 37 Prothonotary/Deputy/Notary Public SHER111FM MY COMMISSION EXPIRES 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office c .'y ...,..--..... =. a 1d30 S:_Id3HS uFS :L3 `NV 1--ADN L007 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06003 P COMMONWEALTHiOF PENNSYLVANIA: COUNTY OF CUMBERLAND COCCIARDI AND ASSOCIATES VS ACCESS PERSONNEL SERVICES LLC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: ACCESS PERSONNEL SERVICES INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 14th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So ans ig. Docketing 18.00 Out of County 9.00 Surcharge 10.00 . Thomas Klin Dep Lancaster 64.84 Sheriff of Cumberland County Postage 2.06 103.90 12/14/2007 SAIDIS FLOWER LINDSAY Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-06003 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COCCIARDI AND ASSOCIATES VS ACCESS PERSONNEL SERVICES LLC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CHRISTIAN JAMES B but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 14th , 2007 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing Out of County Surcharge So answe 6 . 0 0 .? ?...: .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16. 0 0 ti? • :c /i 4/C -7 , 12/14/2007 SAIDIS FLOWER LINDSAY Sworn and subscribe to before me this day of A. D. 1 OF 2 'SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. 1. PLAINTIFF/S/ 2. COURT NUMBER Cocciardi and Associates Inc 07-6003 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Access Personnel Services Inc et al Notice & Complaint, reinstated SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED Access Personnel. Services Inc 6. ADDRESS (Street or RFD, Aq? tmant N?o., City, Boro, Twp., State and ZIP Code) AT 38-42 West UU Street Lancaster, PA 17603 7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER jMh--r1 and Now, Dec 20 , I, SHERIFF OF COUNTY, PA., do hereby putize the She riff of Lancaster County to execute this Wri turn thereof Ing to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF COU 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cimlberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherri's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE DEAN E. REYNOSA, ESQ 717-737-3405 12/3/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mailed) SAIDIS FLOWER & LINDSAY 2109 MARKET ST. SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 1 NAME of Authorized LCSO Deputy or Clerk 114. -1 Date Received 115. Expiration/Hearing Date or complaint as indicated above. f T T n Tr TL, M TnnTnu' ?1 '7 '2nn ' Vann - i, - I- f , .n J__ 16. 1 hereby CERTIFY and RETURN that 10 have personally served, have legal evidence of service as shown in "Remarks:, ? have executed as shown invv "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ? 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. p No Service -Y-A JSI 4_0 1A 73-J'fl M AY OCP I C,,C- AID /M j,,tj I See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) ? AM T 23. ATTEMPTS j Date Mlles Dep. Int. Date Miles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. 1, i S G? 24. Advance Costs 25. Service Costs 26. Notary Cert. 27. Mileage/Postage/N.F. 28 Total Costs 29. COST DUE OR REFUND , 150. 00 59- &?? -I (.q 30. EMARKS: S.T.A.: 31. AFFIRMED and subscribed to before me this 34. day of 37 l r? f ?,C3) 32. Signature o?' 33. Dato ) Dep. Sheriff H n n n to Prothonotary/Deputy/Notary Public I 'P SHEFi1PF MY COMMISSION EXPIRES 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office V J. t «-? 1 2OF2 SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE OR PRINT LEGIBLY. n PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. M rn 1. PLAINTIFF/S/ 2. COURT NUMBER to Cocciardi and Associates Inc 07-6003 civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Access Personnel Services Inc et al Notice & Complaint, reinstated SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED James B. Christian 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1827 Glen brook Avenue Lancaster, PA 17603 7. INDICATE UNUSUAL SERVICE: DEPUTIZE ? OTHER Now, I)ec 20 07 , 1, SHERIFF OF COUNTY, PA., do hereb deputize the S er iff of ?ncaste- County to execute this return ere ding to law. This deputation being made at the request and risk of the plaintiff. Ple ?___ ?? SHERIFF OF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrifs sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE DEAN E REYNOSA, ESQ 717-737-3405 12/3/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed If notice is to be mailed) SAIDIS FLOWER & LINDSAY 2109 MARKET ST. ;AMP HILL, PA 17011 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE _ 13. 1 acknowledge receipt of the writ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. } TAME MICCICHE 717-390-2309 I 12110A f 1/2/08 16. 1 hereby CERTIFY and RETURN that I pirave personally served, ? have legal evidence of service as shown in "Remarks:, ? have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17, ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) I 19. ? No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. 21. Date of Service 22. Time State and Zip Code) ' S 1/-0-7 l0?` ? ?a2S T 23. ATTEMPTS Date Miles nt. Date Miles Dep. Int. Date Miles Dep. Int. Date Mlles Dep. Int. Date Miles Dep. Int. ?/I J & ZA 24. Advance Costs 25. Service Costs 26. Notary Cert. 27, Mileage/Postage/N.F. 28. Total Costs 29. COST DUE OR REFUND 30. REMARKS: S.T.A.: 31. AFFIRMED and subscribed to before me this 34. day of Dep. 1-0 37 Prothonotary/Deputy/Notary Public ISIFfEM11FOP MY COMMISSION EXPIRES 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's Office J.. GI "3 I ? ? i *ts ire 7 .4I , ;- 01 ? ] a ! a i'll " In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. : Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN CIVIL TERM Defendants, PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter judgment of default in favor of Cocciardi and Associates, Inc. and against Defendant James B. Christian, for his failure to plead to the complaint in this action within the required time. The complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant James B. Christian was served with the Complaint on or about December 11, 2007 and his answer was due to be filed on or about December 31, 2007. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to Defendant James B. Christian at his last known address of 1827 Glenbrook Avenue, Lancaster, PA 17603 on January 24, 2008, which is at least 10 days prior to the filing of this Praecipe. Please assess damages as follows: Amount of Claim $ 5,225.00 Interest 1,800.22 Total SAIDIS, & LINDSAY DAMAGES ASSESSED AS ABOVE: PROTHO Y 0Z/o7/D$ $ 7,025.22 BY: PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN Defendants, TO: James B. Christian 1827 Glenbrook Avenue Lancaster, PA 17603 DATE OF NOTICE: January 24, 2008 No. 07-6003 CIVIL, TERM EgPORTANT TEN DAY 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 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 ME 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 32 SOUTH BEDFORD STREET. CARLISLE PA 17013 800-990-9108 Respectfully submitted, SAIDI EEOWE?2? SAY By: , De E. Re Esq. PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN Defendants, CERTIFICATE OF SERVICE AND NOW, JanuaryH , 2008, 1, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing 10-Day Notice upon the following parties of record by depositing, or causing to be deposited, via first class mail, postage prepaid, and by facsimile, at Camp Hill, Pennsylvania, addressed as follows: Access Personnel Service, Inc. 38-42 West Orange Street Lancaster, PA 17603 James B. Christian 1827 Glenbrook Avenue Lancaster, PA 17603 JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS SUZANNE C. HIXENBAUGH LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 EMAIL: dreynosa@sfl-law.com www.sfl-laW.COm January 24, 2008 CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL James B. Christian 1827 Glenbrook Avenue Lancaster, PA 17603 RE: Cocciardi & Associates, Inc. v. Access Personnel Services, Inc. and James B. Christian, No. 07-6003 To Whom It May Concern: Claim. Please review the enclosed Important Ten Day Notice regarding the above-referenced Very truly yours, FLOWER & LINDSAY Reynosa DER/yms Enclosures cc: Mr. Joseph A. Cocciardi (w/ enclosures) Access Personnel Service (w/ enclosures) ? rn c? In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. : Plaintiff, No. 07-6003 VS. ACCESS PERSONNEL SERVICES, INC. and JAMES B. CHRISTIAN CIVIL. TERM Defendants, NOTICE OF JUDGMENT BY DEFAULT AGAINST DEFENDANT JAMES B. CHRISTIAN Pursuant to Pa. R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against Defendant James B. Christian, in the above proceeding. 24D 41 PR H N 1).y?o8 If you have any questions concerning this Notice, please contact Attorney Dean E. Reynosa, with the law firm of Saidis, Flower & Lindsay, Attorney for Plaintiff, (717) 737-3405.