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Home My WebLink About08-0631. Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2008 - 4 3) C4.w k JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 F:\FILES\Clients\ 12156\12156. I0.comVmah Created: 11105101 09:49:53 AM Revised: 01/28/08 02:27:35 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants : NO. 2008 - G 3) e4- Q -ri"- COMPLAINT AND NOW, comes the Plaintiff, Madden Engineering Services, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Madden Engineering Services, Inc., is a Pennsylvania corporation with a registered address at 10 Irvine Row, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, Jerry Trolinger, is an adult individual who does business as Village Craft with an address of 1446 Holly Pike, Carlisle, Cumberland County, Pennsylvania a Pennsylvania. 3. Plaintiff is in the business of providing services, mainly engineering services, to certain businesses and individuals. 4. Plaintiffhas provided services to Defendant at 1446 Holly Pike, Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and its agents and employees, have provided services to Defendant for a total value of $5,055.00. True and correct copies of Plaintiffs invoices are attached hereto as Exhibit «A 6. Defendant has failed to pay for such services and therefore is liable to Plaintiff for the amounts owed plus interest, costs and attorney fees. 7. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. COUNT I - BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendant from Plaintiff and/or Plaintiff's agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $5,055.00, plus interest at the rate of 18% per annum, attorney's fees and costs. COUNT II - QUANTUM MERUIT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $5,055.00. 12. Defendant has received and retained the benefit of Plaintiff's services. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $5,055.00, plus interest at 18% per annum, attorney's fees and costs. MARTSON LAW OFFICES By A-- Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 Date: (717) 243-3341 Attorneys for Plaintiff Madden Engineering Services, Inc. 24 North Fourth Street Newport, PA 17074 Invoice Date Invoice # 1/23/2008 08.14 Terms Due Date Project Net 15 2/7/2008 Village Craft Description I Amount Reimbursement Requested for Land Surveying Fees Paid to True North Surveying and Mapping I 937.50 Payment is due immediately upon receipt of this statement. If payment is not received within thirty (30) days of the date of this statement, interest at 18% per annum will be added to any unpaid balance, along with the costs of suit and attorney's fees should the same be incurred as a result of any action by us to collect any balance past due. Total $937.50 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. W. John adden, President Madde ngineering Services, Inc. v cv d _ d 1 N 55 D t- CASE NO: 2008-00631 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MADDEN ENGINEERING SERVICES IN VS TROLINGER JERRY ET AL RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TROLINGER JERRY the DEFENDANT , at 0015:26 HOURS, on the 1st day of February-, 2008 at 1446 HOLLY PIKE CARLISLE, PA 17015 by handing to KRISTA THUMMA RECEPTIONIST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 POSTAGE .41 216910S 33.21 Sworn and Subscibed to before me this day of So Answers: R. omas Kline 02/05/2008 MARTSON LAW OFFICES By: 24 Deputy Sheriff A. D. CASE NO: 2008-00631 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MADDEN ENGINEERING SERVICES IN VS TROLINGER JERRY ET AL RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TROLINGER JERRY D/B/A VILLAGE CRAFT the DEFENDANT , at 0015:26 HOURS, on the 1st day of February-, 2008 at 1446 HOLLY PIKE CARLISLE, PA 17015 by handing to KRISTA THUMMA RECEPTIONIST a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 a?07 /OP 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Th mas Kline 02/05/2008 MARTSON LAW OFFICES By: Deputy heriff A. D. Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff V. JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 631 TO: JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of April, 2008, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $5,055.00, plus interest at 18% per annuum, attorneys fees and costs as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: oc-'Of-) Proth notary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Jerry Trolinger, individually and d/b/a Village Craft 1446 Holly Pike Carlisle, PA 17015 F:\FILES\Clients\12156 Madden Engineering\I 2156.10.pra.default/mah Created: 11105101 0949:53 AM Revised: 04/14/08 12:0308 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants NO. 2008 - 631 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT., in the amount of $5,055.00, plus interest at 18% per annum, attorney's fees and costs 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 February 25, 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 Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: Y //f/0r F.\FILES\Clients\ 12156\ 12156.10. cort?mah Created: 1110510I 09:49:53 AM Revised: 02/22/08 03:59:42 PM 10883.8 Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2008 - 631 JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants IMPORTANT NOTICE TO: JERRY TROLINGER, individually and DATE OF NOTICE: February 25, 2008 d/b/a Village Craft 1446 Holly Pike, Carlisle, PA 17015 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By S Christopher E. Rice, Esquire Attorneys for Plaintiff Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff V. JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008 - 631 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's last know address is 1446 Holly Pike, Carlisle, PA 17013. Said Defendant's place of employment is unknown. Sworn to and subscribe before me this 44day of Ov9p , 2008. N Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial SCI Mary M. Price, Notary PUAc Cadisle Soro, Oinbedand Courtly My Commiulon 9)0res Aug. 18,2011 Member, Pennsylvenla Asloolotion of Notaries Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING SERVICES, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JERRY TROLINGER, individually and d/b/a VILLAGE CRAFT, Defendants : NO. 2008 - 631 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 February 25, 2008. a464-1? r n Christopher E. Rice, Esquire Sworn to and subsc 'bed before me this day of UALk , 2008. No ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Soro, Cwnberland County My Commission E)Orw Aug. 18, 2011 Member, Pennsylvania A"odation of Notaries 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: Jerry Trolinger d/b/a Village Craft 1446 Holly Pike Carlisle, PA 17015 MARTSON LAW OFFICES By ??O, Qjce,? M Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: loll 1?44r 1 h? A^ u Pik T` t IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERRY M. TROLINGER, JR., Debtor JERRY M. TROLINGER, JR., Movant V. MADDEN ENGINEERING SERVICE, INC., Respondent CHAPTER 7 SSN: xxx-xx-0673 CASE NO: 1-08-bk-01425-RNO (LIEN AVOIDANCE) ?ERTIFIE FROM THE RECORD this[L--/ dday 1- 4- , 20 ...(1 \ Clerk, S. ORDER AVOIDING A JUDICIAL LIEN s# The Motion of Debtor, Jerry M. Trolinger, Jr., to Avoid a Judicial Lien, having come this day before the Court, it is: HEREBY ORDERED that the judgment entered by Madden Engineering Services, Inc., in the Court of Common Pleas of Cumberland County, Pennsylvania to No. 2008-631 is avoided and declared void as to all of the real property located at 2551 Spring Road, Carlisle, Cumberland County, Pennsylvania and 202 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania owned by the Debtor in that it impairs an exemption claimed by the Debtor in such real properties to which the Debtor would otherwise be entitled By the Court, Robert N. Opel, Ib, Bankruptcy Judge (cq This document it elatmically signed andfiled on the sauce dote. Dated: August 15, 2008 Case 1:08-bk-01425-RNO Doc 44 Filed 08/15/08 Entered 08/15/0807:47:23 Desc Main Document Page 1 of 1 ^o. r- v -C G ?j t? D ti n c n r