Loading...
HomeMy WebLinkAbout07-7752I h Ur rtnN*TLVA 6Fk OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT I I COMMON PLEAS No. 0"7- ? ? 5;a_ et1lr 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 referenced below. vs cY--©o©a Afp) . This block will be signed ONLY when 'this. notation is required under Rac' R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. St nstrfn W Avff- -y a DspW If appelant was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in action before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary I / ?? r Enter rule upon appellee(s), to file a complaint in this appeal N of appeo"(s) (Common Pleas No. 0 4 hh lI ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. i a.. Di WZ4 ?ew. of appellant or attorney or agent 1 ? RULE: To appellee(s) s) (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 MAY BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of the mailing. 7.71 / /?- Date: D %, Je, , 20 Ci Sigv We of P or Deputy YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK - COPY TO BE SERVED ON APPELLEE GOLD - COPY TO BE SERVED ON DISTRICT JUSTICE (This proof of r-rtvvr car -V&RV CE OF NOTICE OFAPPEAL AND RULE TO FILE COMPLAINT senfice MUST BE FILED'JN(TM(N TEN 00) PAYS AFTER filing of the notice of appeal,. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss AFFIDAVIT. I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas-,I upon the District Justice designated therein on (date of service) 20 sender's receipt attached hereto, and upon the ? by personal service ? by (certified) (registered) mail, appellee, (name) on by by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 2a Signature of official before whom atwavit was made Title of oftial My commission expires on 20 Signature ofaffiant C7 o b -n C' =;Ik M r7 i ?...... M C A f M ? ? -? ? M CD W C')MMONWEALTH OF PENNSYLVANIA ANTY OR C7018111T.10M Mag. Dist. No.: 09-3-01 MDJ Name: Han. UROLD E. 131=11M Address: 3 5 W ORAME ST SBIPPM19BQIRQ, PA Telephone: (717 ) 532-7676 J.ROBZRT PIMS09 195 LILUM HATS RI) LuDmBEftG, PA 19350 L Docket No.: CV-0000225-07 Date Filed: 10/08/07 THIS IS TO NOTIFY YOU THAT: pLTP Judgment: mirADLT .. ® Judgment was entered for: M L NOTICE OFCJIVDGCMASE /TRANSCRIPT PLAINTIFF: NAME and ADDRESS - I rPALL110 SPA 33G TECMLOOISS p. O. BOX 410 i5vvI39RO, PA 17240 J VS. DEFENDANT: NAME and ADDRESS 17257-0361 9P-1=60N, J.BQTSEE , ET AL• 195 L&V2ZL RD LAlI ZNBZW, PA 19 3 5 0 (Date of Judgment) 11/29/07 -1 J (Name) "k"ING SPRING TECHM, OLOQIES Judgment was entered against: (Name) MRS, J•ROBEYT in the amount of $ 6;933.3 Defendants are jointly and severally liable. M Damages will be assessed on Date & Time M This case dismissed without prejudice. Amount of Judgment $ 0Judgment Costs $Interest on Judgment $ Attorney Fees Total $ Post Judgment Credits $ Post Judgment Costs $ Amount of Judgment Subj ect to Attachment/42 Pa.C.S. § 8127 $ Portion of Judgment for physical damages arising out of residential lease Q Certified Judgment Total $ FILING ANY PARTY HAS HEPROTHONOTARY/CLERK RIGHT 1 -0 APPEAL WITHIN OF THE COURT OF COMMON PLEAS, C VIL DIVISION YOU NOTICE OF APPEAL WITH TH THE JUDGMENT MUST INCLUDE A COPY OE P OVDED IN THE RULES OFnC EXCEPT AS OTHERWIS CIVIL. PROCEDURE OR MAGISTERIAL DISTRICT JUDGES, IF THE PLEAS, ALL ENTER MUST JUDGMENT HOLDER O ON PEAS AD NO FURTHER PROCESS MAY BErISSUED BY THE AG MAGISTERIAL DESS ISTRICT JUDGE . COME FROM THE COURT RT OF OF CO MAY FILE UNLESS THE JUDGMENT IS ENTERED IN THE CURT OF COMMON PLEAS, ANYONE INTERESTED IN THE SATISFACTION WITHTHE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS N FULL, A REQUEST FOR ENTRY OF SATITI SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. Q r isterial District J Date le. I certify that this is a true and correct copy of the record of the proceedings containing the judgment. Magisterial District Judge Date 2012 My commission expires first Monday of January, SEAL ( N C [[yy v? r' m ?r 11 4 1 J ru ! 9 .- r? .e . -.. _. . -7 --?? Postage 4 $ N r•1 Certified Fee ... C3 0 eciept Fee Postmark Return ? -r M k C._ :D- iiTl (Endorsement Required) Here a . O Restricted Delivery Fee ` I t-9 ?D (Endorsement Required) - -3 0 Total Postage & Fees 0 Sent To T- ^i r71 C3 District Court 09-3-01 C? S`------------- ---- 7a ? HaroTd E:- ericTer--------------------------------- or PO Box No. + + City State. P- ---- 0?^C1•R9Q,..Sjt-re-et------------------------- S?hiDnensbur , PA 17257-03 61 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 of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVA IA COUNTY OF LI"Er ) Q"1 ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served a copy of the Notice of Appeal, Common Pleas Mupon the District Justice designated therein on (date of service) 20 Qg L3 by personal service` N by (cerified) (registered) mail, sende mxn, r's receipt attached hereto, and upon the appellee, (name) 4 20M ? by personal service b erti ed) (r stered) mail, sender's re ipt attached hereto. (SWORN) (AFFIRMED) AND UBSCRIBED BEFORE ME THIS DAY OF C.. 20_?r. Signaturebf officia onRaHidavit was made Title of official My commission expires on 20 • , MAIL,, RECEIPT (Domestic Only; No Insurance Coverage Provided) ..D co 1 .. _.. .. _ . r- Postage $ r-:4 Certifled Fee CD 1=1 Relum Reciept Fee M (Endorsement Required) 1, Postrnark Here C3 ResMcted Delivery Fee .A (Endorsement Required) rl r-q Total Postage & Fees $ - o Falling Springs Technologies orPOBOxNo. P.O. Box 410 -- ---------- 1 -- ----------------------------------------------------------- cm;sure zlP+d' -------- Newburn. PA 17240 f 1- 13 ALP 4 4i? el" Signature ofa/fiant 6,1 r" OF PENNSYLVANIA Notarial Seal -- ane R Picard NotarV Public E (Nla,ib rtjgh Tvv . Chester County fl C r :i lssion E fires Jan 15, 2008 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 Sc4 NOTICE OF 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 referenced below. i" CV'000o2?'- This block will be signed ONLY when 'this notation is required under tree' R.C.P.D.J. No. 1008B. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. sowWum of ProrAo mMy or D*pRy V9 I/ was Claimant (see Pa. R. before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days alter filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section ofform to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary 1 Enter rule upon ?% i 1 f1, appellee(s), to file a complaint in this appeal J ?"- of appeNee(s) (Common Pleas No. 017- 71v1 ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. ? r Slgnefure o4appeNant or atbmey or agent i J r RULE: To , appellee(s) s) (1 `ICot#,are rttrtlfiia ft rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this tt?e, upon ypu lid r' * service or by c•,ertifled or registered mail. () 9 you do not file a oorliplafr)t within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU. F ) . The datwof service of thi fi: ride if service was by mail is the date of the mailing. r ?. { I to, r 0 y?! _ Sf?eture cr w Deputy t ^ YOU M4S'rINCLUDE-A COPY OF THE NOTICE OF JUDGMENTITRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE -COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE • L HAROLD S. IRININ, III, ESQUIRE ATTORNEY ID NO. 29920 " SOUTH PITT STREET CARLISLE PA 17013 (717) 2434MM ATTORNEY FOR PLAINTIFF FALLING SPRING TECHNOLOGIES, LLC: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. J. ROBERT PIERSON, Defendant : CIVIL ACTION - LAW : NO. 2007 - 7752 CIVIL TERM : IN ASSUMPSIT 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 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 FALLING SPRING TECHNOLOGIES, LLC: IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. J. ROBERT PIERSON, Defendant CIVIL ACTION - LAW : NO.2007 - 7752 CIVIL TERM : IN ASSUMPSIT COMPLAINT NOW comes the plaintiff, by its attorney, Harold S. Irwin, Ill, Esquire, and files this complaint against the defendant, representing as follows: 1. The plaintiff is FALLING SPRING TECHNOLOGIES, LLC., a Pennsylvania limited liability company, with its registered office at P.O. Box 410, Newburg, Cumberland County, Pennsylvania 17240. 2. The defendant is J. ROBERT PIERSON, an adult individual a place of business address of 195 Laurel Heights Road, Landenberg, Chester County, Pennsylvania 19350. 3. Plaintiff is engaged in the business of supplying septic tank equipment and supplies and related activities. 4. At all times relevant hereto, defendant was the owner of a company named J. Robert Pierson, Inc., 5. The parties have done business together in the past and in all cases defendant has paid for such material supplied by the plaintiff by signing checks individually. 6. On or about May 23, 2006, the parties entered into a contract whereby defendant personally ordered various septic tank equipment and supplies by telephone, defendant personally agreed to pay for such material and plaintiff shipped such material to defendant. 7. Plaintiff supplied the subject equipment and supplies to defendant at defendant's specific request and forwarded invoices to the defendant for such goods, together with shipping costs and sales tax, as previously agreed between the parties. 8. The invoices provided for a 1.5% per month service charge for all balances not paid within 30 days, as was the plaintiffs continuance custom throughout its business dealings with the defendant. A copy of the most recent invoice is incorporated herein by reference and attached hereto as Exhibit "A". COUNT ONE Breach of Contract 9. The averments of plaintiff's complaint, paragraphs one through seven inclusive, are incorporated herein by reference as if fully set forth herein at length. 10. The prices charged for said material were the usual and ordinary prices therefore and the prices which defendant agreed to pay. 11. After a credit of $1,500 for payment made by the defendant on or about January 7, 2007, there remains a balance due of $6,743.42, plus interest from January 11, 2008, for all material, shipping, sales tax and service charges requested by defendant and provided by plaintiff, but for which defendant has refused to pay. 12. The plaintiff has made numerous requests of the defendant to pay the balance due, but defendant has refused and neglected to pay the same or any part thereof and continues so to refuse. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $6,743.42, plus interest at 1 '/2% per month from January 11, 2008, reasonable attorney fees and all other costs and expenses associated with the collection of this account. r COUNT TWO Unjust Enrichment 13. The averments of plaintiff's complaint, paragraphs one through twelve, inclusive, are incorporated herein by reference as if fully set forth herein at length. 14. As the result of the parties' contract and agreement for plaintiff's provision of septic tank equipment and supplies to defendant, as shown on statement attached as Exhibit "A", plaintiff supplied such material to defendant as requested by defendant. 14. Defendant accepted such equipment and supplies and has made a partial payment thereon. 15. Defendant has refused to pay in full the invoices submitted to him and the amounts listed on Exhibit "A" remain due and owing to plaintiff, together with interests and cost since January 11, 2008. 16. Defendant's acceptance of the equipment and supplies from plaintiff without payment therefor is inequitable and has unjustly enriched the defendant. 17. The unjust enrichment of the defendant has caused plaintiff to incur additional expenses and costs to collect the substantial sums remaining due and owing to it and has jeopardized plaintiffs ability to continue with its business. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $6,743.42, plus interest at 1 %% per month from January 11, 2008, reasonable attorney fees and all other costs and expenses associated with the collection of this account. April It,-2008 Attorney for Plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 VERIFICATION I hereby certify that I am a member of Falling Spring Technologies, LLC, plaintiff in this matter and that I m authorized to execute this verification. The facts contained in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unswom falsification to authorities. April Z, 2008 ANE E. MOWERY, Me r EXHIBIT "A" Falling Spring Technologies, LLC P.O. Box 410 Newburg, PA 17240 (877) 4ECOFLO (717) 423-5749 fax TO: J. Robert Pierson, Inc. 195 Laurel Heights Rd. Landenberg, PA 19350 Statement DATE 1/11/2008 AMOUNT DUE AMOUNT ENC. $6,743.42 INVOICE DATE TRANSACTION AMOUNT BALANCE 04/30/2006 Balance forward 0.00 05/23/2006 INV #1454. Due 05/23/2006. 6,786.39 6,786.39 12/06/2006 INV #FC 130. Due 12/06/2006. Finance Charge 659.30 7,445.69 01/17/2007 PMT #5532. -1,500.00 5,945.69 05/10/2007 INV #FC 141. Due 05/10/2007. Finance Charge 404.08 6,349.77 08/06/2007 INV #FC 147. Due 08/06/2007. Finance Charge 229.41 6,579.18 10/08/2007 INV #FC 149. Due 10/08/2007. Finance Charge 164.24 6,743.42 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS DUE DUE DUE PAST DUE AMOUNT DUE 0.00 0.00 0.00 164.24 6,579.18 $6,743.42 Any balance not paid within 30 days of the INVOICE date will be subject to a 1.5% per month service charge. ?, ^? R, .? ?:,? -rt ? . ? ---? -„ Z -?- ?'? ? ?:` t.C.) '-?` ? - . r:: ? ? ; r _ i , F:\FILES\Clients\13187 Falling Spring Technologies\ I 3187.3.pra Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. J. ROBERT PEIRSON, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 7752 CIVIL TERM IN ASSUMPSIT PRAECIPE Please withdraw the appearance of HAROLD S. IRWIN, III, as attorney for the Plaintiff in the above-referenced matter. Harold S. Irwin, III Date: Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER as attorneys for the Plaintiff in the above-referenced matter. MARTSON LAW OFFICES By: (24?24 S • ' Christopher E. Rice, Esquire Attorney I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 1Z/1014"' • ry y _ ? 5 .. gq ?? '' JJ 9 V? ol ` Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. J. ROBERT PIERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7752 CIVIL TERM IN ASSUMPSIT TO: J. ROBERT PIERSON, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT -11, You are hereby notified that on the I S day of bCrt??, 2008, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $6,743.42, plus interest at 1'/2% per month, costs of suit and attorney fees as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: 0,U4m_&1CC 6??iUd rothonotaryI hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: J. Robert Pierson 195 Laurel Heights Road Landenberg, PA 19350 FAFILESThents\13167 Falling Spring Technologies\13187.3.pra.defauh Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. J. ROBERT PIERSON, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 7752 CIVIL TERM IN ASSUMPSIT PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $6,743.42, plus interest at 1 %2% per month, costs of suit and attorney fees as prayed for in the Complaint, for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on May 27, 2008, 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. c? (' . 2 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: / Attorneys for Plaintiff ??/S_ ?U? HAROLD S. IRWIN, III, ESQ. SUPREME COURT ID NO.29920 "SOUTH PITT STREET CARLISLE PA 17013 (717) 2434 090 ATTORNEY FOR DEFENDANT FALLING SPRING TECHNOLOGIES, LLC PlaintIM Vs. J. ROBERT PIERSONw Defendant TO: J. ROBERT PIERSON 195 LAUREL HEIGHTS ROAD LANDENBERG PA 19350 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2007 - 7752 CIVIL TERM IN ASSUMPSIT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 24Q-316f May 27, 2008 HAROLD S. IRWIN, III Attorney for Plaintiff 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 HAROLD S. IRWIN, III, ESQ. SUPREME COURT ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 24341060 ATTORNEY FOR DEFENDANT FALLING SPRING TECHNOLOGIES, LLC PImIntW vs. J. ROBERT PIERSON, Defendant TO: J. ROBERT PIERSON 195 LAUREL HEIGHTS ROAD LANDENBERG PA 19350 e IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - 7752 CIVIL TERM IN ASSUMPSIIT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) May 27, 2008 HAROLD S. IRWIN, III Attorney for Plaintiff 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING TECHNOLOGIES, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7752 CIVIL TERM J. ROBERT PIERSON, Defendant : IN ASSUMPSIT 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 Defendant is now living at: 195 Laurel Heights Road, Landenberg, PA 19350. Said Defendant's place of employment is unknown. Christopher E. Rice, Esquire Sworn to and subsc 'bed before me this day of , 2008. Am4) A - Not blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Cafte Soro, Wnberfand WAY My Commission E)ires Aug. 18, 2011 Member, PennsylveMa Assoclatlon of Notules Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs FALLING SPRING : IN THE COURT OF COMMON PLEAS OF TECHNOLOGIES, LLC, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2007 - 7752 CIVIL TERM J. ROBERT PIERSON, : IN ASSUMPSIT Defendant 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 Defendant was given to him by mail on May 27, 2008. ( &x " 4 ?x-, Christopher E. Rice, Esquire Sworn to and subscribed before me this day of l , 2008. No ublic H OF PENNSYLVANIA COMMONWEALT Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission E)ires Aug. 18, 2011 Member, Pennsylvania Assxistion of Notarise 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: J. Robert Pierson 195 Laurel Heights Road Landenberg, PA 19350 MARTSON LAW OFFICES By: AW) , G"U? Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: 1°2'11)/Or aQ Q ?'- ? w ? a C'} F V -- N?p