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Home My WebLink About03-6346APPALACHIAN EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. (ff CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, 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 an 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 Defendant. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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: (800) 990-9108 APPALACHIAN EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO. CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, DEFENDANTS COMPLAINT The amount in controversy in this case is less than Fifty Thousand Dollars ($50,000.00). 2. Plaintiff, Appalachian Equipment, Inc., is a corporation organized under the laws of the Commonwealth of Pennsylvania and having a place of business located at 11 Wendy Road, Reading, Berks County, Pennsylvania, 19601 ("Plaintiff'). 2. Defendant, Carlos Tripoli, is an adult individual with a place of residence and/or business located at 3585 Chambersburg Road, Gettysburg, Adams County, Pennsylvania, 17325 and trades under the name of Little Italy ("Defendant"). Defendant, Bonnie Tripoli, is an adult individual with a place of residence and/or business located at 3585 Chambersburg Road, Gettysburg, Adams County, Pennsylvania, 17325 and trades under the name of Little Italy ("Defendant") COUNT I - BREACH OF CONTRACT 4. At all times relevant to this Complaint, Plaintiff was in the business of selling restaurant equipment ("Goods and Services"). At all times relevant to this Complaint, Defendants were engaged in a business that required the use of the Goods and Services. 6. On the dates and for the amounts indicated on the Customer Invoice Summary attached hereto, marked as Exhibit "A" and incorporated herein by reference, Plaintiff provided Goods and Services to Defendants pursuant to Defendants' request. 7. Defendants owe Plaintiff an outstanding total sum of $16,930.03 as a result of the Goods and Services provided. 8. All payments made by Defendants to Plaintiff have been credited to Defendants' account. 9. Defendants received, accepted and used, without complaint, the Goods and Services. 10. The rates charged for the Goods and Services are fair and reasonable prices, are the market prices for the Goods and Services, and furthermore, represent the prices for the Goods and Services that the Defendants agreed to pay the Plaintiff. 11. Despite repeated requests and demands, the Defendants have failed and refused and continue to fail and refuse to pay the principal due and owing to the Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendants, Carlos Tripoli and Bonnie Tripoli, individually and trading as Little Italy, in the total amount of $16,930.03, plus post judgment interest at the legal rate of six percent (6%), plus costs. COUNT II - UNJUST ENRICHMENT 12. Plaintiff incorporates paragraphs 1 through 11 as if the same were more fully set forth at length herein. 13. The Goods and Services provided to Defendants by Plaintiff identified in Exhibit "A" were requested by Defendants and Defendants received and accepted the benefits of the Goods and Services provided by Plaintiff. 14. At all times material hereto, Defendants were aware that Plaintiff was providing the Goods and Services to Defendants and that Plaintiff expected to be paid for the Goods and Services. 15. At all times material hereto, Defendants, with the aforesaid knowledge permitted Plaintiff to provide the Goods and Services and to incur damages. 16. At all times material hereto, Defendants were unjustly enriched by retaining the benefit of receiving the Goods and Services without paying Plaintiff fair and reasonable compensation therefor. 17. By reason of the aforesaid circumstances, Defendants are obligated to pay Plaintiff the value of the Goods and Services in the amount of $16,930.03. WHEREFORE, Plaintiff demands judgment against the Defendants, Carlos Tripoli and Bonnie Tripoli, Individually and trading as Little Italy, in the total amount of $16,930.03, plus post-judgment interest at the legal rate of six percent (6%), plus costs. COUNT III - QUANTUM MERUIT 18. Plaintiff incorporates paragraphs 1 through 17 as if the same were more fully set forth at length herein. 19. At the Defendants' request, Plaintiff provided the Goods and Services to the Defendants. The quantum meruit value of the Goods and Services is $16,930.03. 20. The Goods and Services provided by Plaintiff were accepted, used and enjoyed by Defendants under such circumstances that Defendants knew that Plaintiff, in providing the Goods and Services, expected to be paid by Defendants. 21. Although requested, Defendants have refused and continue to refuse to pay the outstanding balance owed to Plaintiff. 22. Defendants' failure to pay the aforesaid sum that is due and owing has caused Defendant to unjustly benefit from the Goods and Services provided by Plaintiff. WHEREFORE, Plaintiff demands judgment against the Defendants, Carlos Tripoli and Bonnie Tripoli, individually and trading as Little Italy, in the total amount of $16,930.03, plus post judgment interest at the legal rate of six percent (6%), plus costs. Dated: „? y?p3 LEISAWITZHELLER ABRAMOWITCH PHILLIPS, P.C. By: X---y1 Eden R. Bucher, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 610-372-3500 610-372-8671 (fax) VERIFICATION I, Hugh Shober, Vice President of Appalachian Equipment, Inc., state and aver that I am a duly authorized representative of the Plaintiff and that the facts set forth in the Complaint are based upon information furnished to counsel, which information has been gathered by counsel in the course of this lawsuit. The language of the Complaint is that of counsel and not of the undersigned. The undersigned verify that he has read the attached Complaint and that it is true and correct to the best of his information and belief. To the extent that the language of the Complaint is that of counsel, the undersigned has relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: /d I H I c3 APPALACHIA EQUIPMYNT?, INC. By: Hugh Ober Vice President EXHIBIT "A" Appalachian Equipment I)Gi4/03 Customer Balance Detail All Transactions Type Date Num Account Amount Balance Little Italy Invoice 3/6/2003 JB313 Accounts Receivable 21,200.00 21,200.00 Payment 316/2003 521341 Accounts Receivable -10,000.00 11,200.00 Invoice 417/2003 12658 Accounts Receivable 687.50 11,867.50 Invoice 412112003 12652 Accounts Receivable 2,213.14 14,100.64 Invoice 41282003 12653 Accounts Receivable 143.00 14,243.64 Invoice 5/16/2003 12654 Accounts Receivable 739.00 14,982.64 Invoice 5119/1003 12655 Accounts Receivable 1,166.00 16,148.64 Invoice 51192003 12656 Accounts Receivable 631.39 16,780.03 Invoice 5/1912003 12657 Accounts Receivable 150.00 16,930.03 Total Little Italy 16,930.03 16,930.03 TOTAL 16,930.03 16,930.03 Page 1 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3585 Chambersburg Rd Gettysburg, PA 17325 DESCRIPTION Equipment SNIP TO P.O. NO. QTY Invoice DATE INVOICE # 3/6/20031 JB313 TERMS REP JB RATE 1 20,000.00 AMOUNT 20,000.OOT Soles Tax (6.076) $1,200.00 Total $ 21, 200.00 Payments/Credits $ _ 10, 000.00 Balance Due $11,200.00 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3585 Chambersburg Rd IGettysburg, PA 17325 0t i,? ?evet i r DESCRIPTION add one ft onto exhaust hood american range deep fryer (new) add backwall insuloation, quoted un-Insulated, 15 1/2 ft Magic Kitchen 24" charbroiler credit on walk-in box, was to be 10' x 20 actually 8' x 20' P. 0. NO. TERMS REP 76 QTY RATE 1 650.00 2 625.00 1! 300.00 1 1 -625.00 -925.00 Sales Tax (6.096) Total Payments/Credits Balance Due SHIP TO DATE 4/7/2003 Invoice INVOICE # 12658 AMOUNT 650.00 1,250.OOT 300.00 -625.OOT -925.00 $37.50 $687.50 $0.00 $687.50 i 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3585 Chambersburg Rd Gettysburg, PA 17325 DATE /V -e VLt 4/21/200.- P. O. NO. DESCRIPTION Copeland compressor for freezer, switch from 3 phase to 1 phase 20 Ibs freon for new freezer compressor labor to switch compressor from 3 phase to single phase 2 men 7 hours each Truck Charge / Zone 2 start componets for new compressor t/x valve for new compressor SHIP TO Invoice INVOICE # 12652 TERMS REP TB CITY RATE AMOUNT 11 380.00 380.OOT 20 50.00 1,000.OOT 14 40.00 560.OOT 1 20.00 20.00 1' 67.00 67.OOT 1 i II 62.00 62.OOT Sales Tax (6.076) $124.14 Total $2,213.14 Payments/Credits $0.00 Balance Due $2,213.14 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3585 Chambersburg Rd Gettysburg, PA 17325 App aLL acki,avi., DESCRIPTION Electricians charge for driving to Gettysburg P. 0. NO SHIP TO Invoice DATE INVOICE # ?F/28/200c 12653 TERMS REP JB QTY RATE 1! 143.00 Sales Tax (6.070) Total Payments/Credits Balance Due AMOUNT 143.00 $0.00 $143.00 $0.00 $143.00 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3585 Chambersburg Rd Gettysburg, PA 17325 AppaGaGkL Pw ??L.,C up wt.e vi/t P.O. NO DESCRIPTION American range deep fryer (new) was to be traded for charbroiler, Carlos would not provide charbroiler as per agreement Delivery SHIP TO Invoice DATE INVOICE # 5/16/200: 12654 TERMS _REP JB QTY RATE 1 650.00 1 50.00 Sales Tax (6.096) Total Payments/Credits Balance Due AMOUNT 650.OOT 50.00 $39.00 $739.00 $0.00 $739.00 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3585 Chambersburg Rd Gettysburg, PA 17325 C? v /t e v+,t SHIP TO I DESCRIPTION 3 section pizza stones to replace 2 section pizza stones Invoice DATE INVOICE # ?/19/2002- 12655 i P.O. NO. TERMS REP TB QTY RATE 1 1,100.00 Sales Tax (6.0',5) Total Payments/Credits Balance Due AMOUNT 1,100.00TI $66.00 $1,166.00 $0.00 i $1,166.00 j 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3585 Chambersburg Rd Gettysburg, PA 17325 ?0? u ?p VIA, eV1/t J I SHIP TO P.O. NO. TERMS DESCRIPTION Labor to convert cooking equipment from natural gas to propane, gas was to be natural gas. equipment included in conversion was 2 deep fryers, dbl stock pizza oven, 2 trips conversion kit for pizza ovens conversion kit for deep fryers Truck Charge / Zone 2 QTY 6 2 2 2 DATE 5/19/200! REP JS RATE 40.00 98.50 67.25 20.00 Sales Tax (6.0%) Total Payments/Credits Balance Due Invoice INVOICE # 12656 AMOUNT 240.00 197.OOT 134.50T 40.00 $19.89 $631.39 $0.00 $631.39 112 S. Sporting Hill Rd Mechanicsburg, PA 17055 (717) 731-0800 (717) 731-4069 Fax BILL TO Little Italy 3§85 Chambersburg Rd Gettysburg, PA 17325 P.O. NO. DESCRIPTION Service charge from Jones fire to make second trip, owner did not have equipment in place to complete fire system c ctu L,? w?,eV t SHIP TO Invoice DATE INVOICE # i/19/200? 12657 TERMS REP a QTY RATE AMOUNT 1 150.00 150.00 I ?I ?f 1 I Sales Tax (6.096) $0.00 Total $150.00 Payments/Credits $0.00 Balance Due $150.00 v -; :J7 C:G K r APPALACHIAN EQUIPMENT, INC., PLAINTIFF vs. CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-6346 CIVIL JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Eden R. Bucher, Esquire LEISAWITZ, HELLER, ABRAMOWITCH, PHILLIPS, P.C. 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 Attorney for Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter of Defendants Carlos and Bonnie Tripoli to Plaintiff's Complaint within twenty (20) days from service hereof or a judgment may be entered against you. Supreme Court ID No. 81959 1104 Fernwood Avenue, Ste 104 Camp Hill, PA 17011 (717) 731-1600 Attorney for Defendants KOLLAS ANDD KENNEDY BY: James W. Kollas, Esquire Dated: 12 j3ojcb3 APPALACHIAN EQUIPMENT, INC., PLAINTIFF VS. CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-6346 CIVIL JURY TRIAL DEMANDED ANSWER WITH NEW MAT'rER Defendants Carlos and Bonnie Tripoli, by and through its undersigned counsel, Kollas & Kennedy, hereby files this Answer and New Matter to Plaintifi:'s Complaint as follows: Admitted. 2. Admitted in part and denied in part. Defendants point out that the first paragraph identified as paragraph 2 is admitted. However, the next paragraph in the Complaint is also identified as paragraph 2. This second paragraph is denied in part. It is denied that Defendant's name is Carlos Tripoli. The actual name of the Defendant identified as Carlos Tripoli is Calogero Tripoli. 3. Denied. It is denied that Defendant's name is Bonnie Tripoli. The actual name of the Defendant identified as Bonnie Tripoli is Lois Yvonne Tripoli. It is denied that Mrs. Tripoli trades under the name of Little Italy. 4. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 5. Denied as stated. It is specifically denied that Defendants "were in a business that required the use of the Goods and Services." 6. Denied as stated. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of Exhibit A. Moreover, it is specifically denied that Plaintiff provided Goods and Services to the Defendant pursuant to Defendants' requests. Furthermore, any suggestion or implication that the services, labor, or materials that may have been provided by Plaintiff were sufficient, adequate, or otherwise acceptable are denied. Strict proof demanded at trial. 7. Denied. It is specifically denied that Defendants owe the sum alleged. 8. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of this averment. 9. Denied. It is specifically denied that Defendants "received, accepted and used" Plaintiff's Goods and Services. It is specifically denied that Defendants did not complain about the Goods and Services, if any, provided by Plaintiff. To the contrary, Defendants have issued numerous complaints to Plaintiff. Moreover, any suggestion or implication that the services, labor, or materials that may have been provided by Plaintiff were sufficient, adequate, or otherwise acceptable are denied. 10. Denied. It is specifically denied that prices charged by Plaintiff are fair and reasonable. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth as to "market prices." It is specifically denied that Defendants agreed to pay Plaintiff as alleged. Moreover, any suggestion or implication that the services, labor, or materials that may have been provided by Plaintiff were sufficient, adequate, or otherwise acceptable are denied. 11. Denied as stated. It is specifically denied that Defendants have not paid Plaintiff as alleged. To the contrary, Defendants have paid Plaintiff at least $10,000.00. 12. This Paragraph requires no response. To the extent a response is required, same is denied. 13. Denied. It is specifically denied that Plaintiff provided the "Goods and Services" to Defendants. It is specifically denied that Defendants either requested, received or accepted the "Goods and Services" of Plaintiff. Moreover, any suggestion or implication that the services, labor, or materials that may have been provided by Plaintiff were sufficient, adequate, or otherwise acceptable are denied. 14. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth as to what: Plaintiff expected. 15. Denied as constituting conclusions of law to which a responsive pleading is not required under the Rules of Civil Procedure. Moreover, it is specifically denied that Defendants "permitted" Plaintiff to do anything with "aforesaid knowledge." 16. Denied as constituting conclusions of law to which a responsive pleading is not required under the Rules of Civil Procedure. Moreover, any suggestion or implication that the services, labor, or materials that may have been provided by Plaintiff were sufficient, adequate, or otherwise acceptable are denied. IT Denied as constituting conclusions of law to which a responsive pleading is not required under the Rules of Civil Procedure. Moreover, it is specifically denied that Defendants are obligated to pay Plaintiff's the amount alleged. 18. This Paragraph requires no response. To the extent a response is required, same is denied. 19. Denied. It is specifically denied that Defendants made a request for Plaintiff's Goods and Services. The second sentence of paragraph 19 is denied as constituting a conclusion of law to which a responsive pleading is not required under the Rules of Civil Procedure. Moreover, it is specifically denied that the "quantum meruit value of the Goods and Services is $16,930.03." 20. Denied. It is specifically denied that Defendants "accepted, used and enjoyed" Plaintiffs Goods and Services. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth as to what Plaintiff expected. Moreover, any suggestion or implication that the services, labor, or materials that may have been provided by Plaintiff were sufficient, adequate, or otherwise acceptable are denied. 21. Denied as stated. It is denied that there is an outstanding balance as alleged by Plaintiff. 22. Denied as constituting conclusions of law to which a responsive pleading is not required under the Rules of Civil Procedure. Moreover, any suggestion or implication that the services, labor, or materials that may have been provided by Plaintiff were sufficient, adequate, or otherwise acceptable are denied. WHEREFORE, Defendants Carlos and Bonnie Tripoli hereby request this Honorable Court dismiss the Complaint of Plaintiff against the Defendants. NEW MATTER 23. Paragraphs 1 through 22 of Defendants' Answer are incorporated herein by reference as if fully set forth at length. 24. Plaintiffs Complaint fails to state a claim upon which relief maybe granted. 25. Plaintiff s failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials is a material breach of contract which bars Plaintiffs claim. 26. Plaintiffs failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials constitutes non-performance which bars Plaintiffs claim. 27. Plaintiffs failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials bars Plaintiff s action by the defense of failure of consideration. 28. Plaintiffs failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials constitutes a surrender of Plaintiffs rights in that Plaintiff s claim is barred by the defense of waiver. 29. Plaintiffs failure to provide sufficient, adequate or otherwise acceptable services, labor, or materials constitutes a surrender of Plaintiff s rights in that Plaintiff s claim is barred by the defense of estoppel. WHEREFORE, Defendants Carlos and Bonnie Tripoli respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff for all consequential and incidental damages, including reasonable attorneys fees and costs and such other and further relief as this Honorable Court deems just and proper. RESPECTFULLY SUBMITTED: William C. Kollas, Esquire Supreme Court I.D. No. 06341 lames W. Kollas, Esquire Supreme Court I.D. No. 81959 KOLLAS AND KENNEDY 1104 Fernwood Avenue Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR DEFENDANTS Dated: 14-3OJD3 APPALACHIAN EQUIPMENT, INC., Plaintiff V. CARLOS TRIPOLI and IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6346 BONNIE TRIPOLI, INDIVIDUALLY and CIVIL ACTION - LAW trading as LITTLE ITALY, Defendants VERIFICATION I, CARLO TRIPOLI, verify that the statements made in the foregoing ANSWER WITH NEW MATTER are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unworn falsification to authorities. Date: i2A301 D3 By: SLk C) Carlo Tripoli C7 '•`o a ? .s- Fri o rn C- - T, APPALACHIAN EQUIPMENT, INC., PLAINTIFF VS. CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6346 trading as LITTLE ITALY, DEFENDANTS TO: CARLOS TRIPOLI DATED: JANUARY 6, 2004 3585 CHAMBERSBURG ROAD GETTYSBURG, PA 17325 BONNIE TRIPOLI 3585 CHAMBERSBURG ROAD GETTYSBURG, PA 17325 CARLOS TRIPOLI AND BONNIE TRIPOLI, t/a LITTLE ITALY 3585 CHAMBERSBURG ROAD GETTYSBURG, PA 17325 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 OF 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 2 Liberty Avenue Carlisle, Pennsylvania, 17013 Telephone: (800) 990-9108 LEIS,, AW__ ITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: ? pp '' X - -" Eden R. Bucher, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 610-372-3500 Attorney for Plaintiff N b Q f., r 'ri 3} ` i '.- N G ? i cn of APPALACHIAN EQUIPMENT, INC., PLAINTIFF VS. CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6346 PROOF OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BERKS SS. I, Eden R. Bucher, Esquire, being duly sworn according to law, deposes and says that she served a Notice of Intent to Enter Default Judgment, a copy of which is attached hereto, marked as Exhibit "A" and is incorporated herein by reference, upon those individuals whose names and addresses appear below, via United States First Class Mail, postage prepaid, on January 6, 2004: Carlos Tripoli Bonnie Tripoli 3585 Chambersburg Road 3585 Chambersburg Road Gettysburg, PA 17325 Gettysburg, PA 17325 Carlos Tripoli Bonnie Tripoli t/a Little Italy 3585 Chambersburg Road Gettysburg, PA 17325 Dated: January 6, 2004 LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: c Eden R. Bucher, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610-1193 (610) 372-3500 Attorney for Plaintiff Sworn to and subscribed before me this 6th day KJanuary, 2004. Notary Public' ($2.00) NOTARIAL SEAL BAP 4V J FLEISCHOOD, Notary Public Wyomissing, Barks county My Commission Expires 7-28-2007 EXHIBIT "A" APPALACHIAN EQUIPMENT, INC., PLAINTIFF VS. CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6346 TO: CARLOS TRIPOLI 3585 CHAMBERSBURG ROAD GETTYSBURG, PA 17325 BONNIE TRIPOLI 3585 CHAMBERSBURG ROAD GETTYSBURG, PA 17325 CARLOS TRIPOLI AND BONNIE TRIPOLI, Ua LITTLE ITALY 3585 CHAMBERSBURG ROAD GETTYSBURG, PA 17325 DATED: JANUARY 6, 2004 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 OF 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 2 Liberty Avenue Carlisle Pennsylvania, 17013 Telephone: (800) 990-9108 LEISAWITZ HELLERR ABRAMOWITCH PHILLIPS, P.C. By: Eden R. Bucher, Esquire 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 610-372-3500 Attorney for Plaintiff o d q C7 n VFn rn `-1 APPALACHIAN EQUIPMENT, INC., Plaintiff VS. CARLOS TRIPOLI and BONNIE TRIPOLI, individually, and trading as LITTLE ITALY Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 03-6346 CIVIL JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I Carole A. Rose, of the Law Offices of Kollas and Kennedy, hereby certify that I have this_ day of January, 2004, served a true and correct copy of ANSWER WITH NEW MATTER by depositing same in the United States mail., first class, postage prepaid, addressed to the following: Eden R. Bucher, Esquire Leisawitz, Heller, Abramowitch, Phillips, P.C. 2201 Ridgewood Road, Suite 400 Wyomissing, PA 19610 LAW OFFICE OF KOLLAS AND KENNEDY BY: (iw??Ob- a. Carole A. Rose --i r"? Rlr f - ( c7 , rr cn `u SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND APPALACHIAN EQUIPMENT INC VS TRIPOLI CARLOS ET AL 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: TRIPOLI CARLOS but was unable to locate Him deputized the sheriff of ADAMS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On December 17th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answers• - Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Adams County 34.76 Sheriff of Cumberland County .00 71.76 12/17/2003 LEISAWITZ HELLER ABRAMOWITCH Sworn and subscribed to before me this 9t day of avD f A.D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND APPALACHIAN EQUIPMENT INC VS TRIPOLI CARLOS ET AL 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: TRIPOLI BONNIE but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On December 17th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answe _->x- Docketing 6.00 / Out of County .00 Surcharge 10.00 R. _ homas?_ ---? Kline .00 Sheriff of Cumberland County .00 16.00 12/17/2003 LEISAWITZ HELLER ABRAMOWITCH Sworn and subscribed to before me this j day of ,2 lJv f A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND APPALACHIAN EQUIPMENT INC VS TRIPOLI CARLOS ET AL 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: TRIPOLI BONNIE T/A LITTLE but was unable to locate Them deputized the sheriff of ADAMS ITALY in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to on December 17th , 2003 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: So answ Docketing 6.00 Out of County .00 i Lr Surcharge 10.00 R.(Thomas Kline .00 Sheriff of Cumberland County .00 16.00 12/17/2003 LEISAWITZ HELLER ABRAMOWITCH Sworn and subscribed to before me this 7S day of ,2avI/ A.D. / Prothonotary In The Court of Common Pleas of Cumberland County, Pennsylvania Appalachian Equipment Inc. VS. Carlos Tripoli et al SERVE: Carlos Tripoli Now, December 10, 2003 No. 03-6346 civil , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams 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 Now, December 15 within Complaint in Civil Action upon Carlos Tripoli , 20 03 , at 2:53 o'clock . P. M. served the at 3585 Chambersburg Road, Gettysburg, PA 17325 by handing to Bonnie Tripoli a true & attested and made known to her the contents thereof. So answers, SSIh? Sheriff of Adams County, PA Sworn and subscribed before me this N/A day of , 20 copy of the original complaint in civil action COSTS SERVICE $ 30.00 MILEAGE $ 4.76 AFFIDAVIT $34.76 Pd. 12/16/03 In The Court of Common Pleas of Cumberland County, Pennsylvania Appalachian Equipment Inc. VS. Carlos Tripoli et al SERVE: Bonnie Tripoli No. 03-6346 civil Now, December 10, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams 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 Now, December 15 within Complaint in Civil Action upon Bonnie Tripoli , 20 03 , at 2: 53 o'clock . P. M. served the at 3585 Cbambersburg Road, Gettysburg, PA 17325 by handing to Bonnie Tripoli a true and attested copy of the original complaint in Civil Action and made known to ber the contents thereof. So answers, p %De tyI ff (? (IM Shef?ero f Adams County, PA COSTS Sworn and subscribed before SERVICE me this N/A day of 20_ MILEAGE AFFIDAVIT $ Irrhded on another return In The Court of Common Pleas of Cumberland County, Pennsylvania Appalachian Equipment Inc. vs. Carlos Tripoli et al SERVE: Bonnie Tripoli t/a Little Italy No 03-6346 civil Now, December 10, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Adams 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 Now, December 15 2003at 2:53 o'clock , P. M. served the within Complaint in Civil Action upon Little Italy at 3585 Cbambersburg Road, Gettysburg, PA 17325 by handing to Bonnie Tripoli a true and attested and made known to her copy of the original complaint in Civil action the contents thereof. So snw.errs, x n (( yyyy??Yy//) o Di D Sheri f ly,.rdty?c eriff of ams County, PA COSTS Sworn and subscribed before SERVICE $ Irelujed on arother return me this N/A day of 20 MILEAGE AFFIDAVIT LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. By: Eden R. Bucher, Esquire Attorney I.D. No. 66626 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff APPALACHIAN EQUIPMENT, INC., Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 03-6346 CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER 23. Paragraph 23 is an incorporation paragraph to which no response is required. 24. The allegation of Paragraph 24 is denied as a conclusion of law to which no response is required and therefore the same is denied. 25. The allegation of Paragraph 25 is denied as a conclusion of law to which no response is required and therefore the same is denied. 26. The allegation of Paragraph 26 is denied as a conclusion of law to which no response is required and therefore the same is denied. 27. The allegation of Paragraph 27 is denied as a conclusion of law to which no response is required and therefore the same is denied. 28. The allegation of Paragraph 28 is denied as a conclusion of law to which no response is required and therefore the same is denied. 38399.001/#107074 29. The allegation of Paragraph 29 is denied as a conclusion of law to which no response is required and therefore the same is denied. WHEREFORE, Plaintiff, Appalachian Equipment, Inc., prays that this Honorable Court enter judgment against Defendants in accordance with the prayers set forth in its Complaint. Respectfully submitted, LEISAWITZ HELLER ABRAMOWITCH PHILLIPS, P.C. BY: L 6aa--r Eden R. Bucher, Esquire Attorney I.D. No. 66626 2201 Ridgewood Road Suite 400 Wyomissing, PA 19610 (610) 372-3500 Attorneys for Plaintiff 38399.0011#107074 ATTORNEY VERIFICATION I, EDEN R. BUCHER, ESQUIRE, verify that I am the attorney for Plaintiff, APPALACHIAN EQUIPMENT, INC., in the within action; that I am authorized to make this Verification on their behalf, and that the facts set forth in the foregoing "Plaintiff's Reply to Defendants' New matter" are true and correct to the best of my knowledge. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. EDEN R. BUCHER, ESQUIRE Attorney for Plaintiff Dated: January 12, 2004 APPALACHIAN EQUIPMENT, INC., Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.: 03-6346 CARLOS TRIPOLI and BONNIE TRIPOLI, INDIVIDUALLY and trading as LITTLE ITALY, Defendants JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing "Plaintiffs Reply to Defendants' New Matter" was this day served by U.S. First Class Mail upon the following: James W. Kollas, Esquire William C. Kollas, Esquire Kollas & Kennedy 1104 Fernwood Avenue, Sutie 104 Camp Hill, PA 17011 I understand that statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dated: January 13 , 2004 C?" Eden R. Bucher, Esquire Attorneys for Plaintiff 38399.001/#107074 c? ? o T r( C)n nl F 2 Curtis R. Long prothonotary Q?ce of the protbonotarr ffi t? xm bexranb CIDUIO Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor x .? i .Z y CIVIL TERM ORDER OF TERMINATION OF COURT CASES TH DAY OF NOVEMBER 2007 AFTER AI THE ABOVE F AND NOW THIS 5 RECEIVING NO RESpONSE INTENTION TO PROCEEWITH pRE?ICE IN ACCORDANCE WITH PA CASE IS HEREBY TERMINATED R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY 11 se S uare - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573 One Courthou q