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Home My WebLink About04-0037ecember 18, 2003 age 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OTIS ELEVATOR COMPANY Plaintiff(s) vs. COMPLAINT THE CAPITOL STEPS ASSOCIATES, INC. Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKECHNIE, ESQUIRE PA ID #36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0041552 cjh000683V001 12/18/2003 SPECIAL PROVISION8 CONTI~CT PI[ICE AND TERM CON;~I' PRICE ~ven Hundm~l Fourtv and 00~I00 Dollam ($?aO. O0) ~ month ecember 18, 2003 age 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OTIS ELEVATOR COMPANY Plaintiff(s) No. ~/- .~"~ C,o'~c"~ vs. COMPLAINT THE CAPITOL STEPS ASSOCIATES, INC. Defendant(s) FILED ON BEHALF OF Plaimiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKECHNIE, ESQUIRE PA ID #36268 Bernstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0041552 cjhOOO683VO01 12/18/2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OTIS ELEVATOR COMPANY Plaintiff VS. THE CAPITOL STEPS ASSOCIATES, 1NC. Civil Action No. Defendant NOTICE AND COMPLAINT 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 upon you, 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 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 Two Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 (1-800) 990-9108 December 18, 2003 Page 2 COMPLAINT 1. Plaintiff is a corporation having offices in Harrisburg, Pennsylvania. 2. Defendant is a corporation having its offices and place of business at 2016 Yale Avenue, Camp Hill, Cumberland County, Pennsylvania 17001-0901. COUNT I-BREACH OF MAINTENANCE CONTRACT 3. Plaintiff incorporates herein by reference thereto each and every of the preceding paragraphs of this Complaint as if the same were more fully set forth herein. 4. On or about May 24, 1999, Plaintiff and Defendant entered into a written Maintenance Agreement, a tree and correct copy which is attached hereto, marked Exhibit "1 ", and made a part hereof. 5. By the terms of said Maintenance Agreement, Defendant undertook to pay to Plaintiff the sum of $44,400.00 by making 20 consecutive quarterly payments of $2,220.00, subsequently the payments were increased to $2,538.87 per quarter to cover additions to the monthly charges based on increase in labor and material. 6. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant certain material and labor services. 7. Defendant received and accepted the aforementioned material and labor services. 8. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the time of the transaction. 9. Plaintiff avers that the balance due amounts to $10,161.00. 10. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 11. Plaintiff avers that the agreement between the parties, as is evidenced by the legend appearing on Plaintiffs invoice provides that Plaintiff is entitled to interest at the rate of 1.5% per month. 12. Plaintiff avers that interest amounts to $1,447.94 to December 12, 2003. December 18, 2003 Page 3 13. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiffs reasonable collection costs (including reasonable attorneys' fees). 14. Plaintiff avers that such reasonable collection costs (including reasonable attorneys' fees) will amount to $3,865.78. 15. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, attorneys' fees or any part thereof to Plaintiff. 16. WHEREFORE, Plaintiff demands Judgment against Defendant in Count I in the amount of $15,474.72, with continuing interest thereon at the rate of 1.5% per month and costs. COUNT II-BREACH OF CONTRACT FOR MAINTENANCE AND REPAIRS 17, Plaintiff incorporates herein by reference thereto each and every of the preceding paragraphs of this Complaint as if the same were more fully set forth herein. 18. At the special instance and request of Defendant, Plaintiff sold and delivered to Defendant certain repairs and maintenance services, specifically shown by Plaintiffs invoices, copies of which are attached hereto, marked Exhibit "2" collectively, and made a part hereof. 19. Defendant received and accepted the repairs and maintenance services. 20. The prices charged by Plaintiff were the fair, reasonable, and market prices that prevailed at the times of the transactions. 21. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 22. Plaintiff avers that the balance due amounts to $8,895.34, as is more specifically shown by Plaintiffs unpaid invoice statements, a true and correct copy of which is attached hereto, marked Exhibit "3", and made a part hereof. 23. Plaintiff avers that the agreement between the parties, as is evidenced by the legend appearing on Plaintiffs invoice provides that Plaintiff is entitled to interest at the rate of 1.5% per month. 24. Plaintiff avers that interest amounts to $2,430.14 to December 17, 2003. December 18, 2003 Page 4 25. Plaintiff avers that the Agreement between the parties provides that Defendant will pay Plaintiffs reasonable collection costs (including reasonable attorneys' fees). 26. Plaintiff avers that such reasonable collection costs (including reasonable attorneys' fees) will amount to $3,771.38. 27, Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the aforesaid balance, interest, attorneys' fees or any part thereof to Plaintiff. 28. WHEREFORE, Plaintiff demands Judgment against Defendant in Count II in the amount of $15,096.86, with continuing interest thereon at the rate of 1.5% per month and costs. 29. WHEREFORE, Plaintiff demands Judgment against Defendant in Count I and Count II in the aggregate amount of $30,571.58, with continuing interest thereon at the rate of 1.5% per month and costs. Respectfully submitted, BERNSTEIN LAW FIRM, P.C. Attorney for PA I.D.//38527 1133 Penn Avenue Pittsburgh, PA 15222 (412) 456-8103 SPECIAL PROV/~ION8 CONTRACT PRICE AND TERM ~even Hundm~ Fourty and OOJlO0 D~lam ($?40,00) per month "David P. Minnicks" <minnicks~mcclurejohnsto ri.corn> 11/24/03 11:52 AM Please respond to <minnicks@mcclurejohnston.c om> To "Betty J, Lederer" <blederer@bernsteinlaw.com> cc bcc Subject C0039920 BOOKAMER BROTHERS Betty, I received your letter in regard to the monthly payments of $250.00 and I hesitate in accepting those arrangements. Bookamer Brothers has offered those payment arrangements in the past and has failed on that commitment based on the age of the open invoices I would rather see payments of $500.00 or that we execute on the judgment. Let me know their response. David P. Minnicks, Sr. Corporate Credit Manager McClure-Johnston Company Phone: (800) 232-0018 ext. 246 Fax: (412) 351-2117 minnicks~mcclurejohnston.com I ~. ~ ~ md s~ a~J~. ~n~. ~n~. p'~mor jaws. &~ m ~ I E~or ~ls, ~ ~,e ch,i-, ~ ~ ~. ~n~ ~ r~t ~t ~ ~. ~, ~ R~,,. ~co~ ~. RELIABIUTY PASTa ~t~ i~ in t~ U~, W~ ~ ~sh m~a~ ~ in ~ for t~ ~s ~ We ~ a~ to ~ e~ ~ in ~ ot e~r~n~ We ~U ~ ~ ~y ~ ~e ~s ~jot ~m~s a¥-'~e tot emery' ~nt in mvento~, ~s t~ i~ ~ zs not li~l~ to, ~oer~or to. fig el~ts. i~ or av~c ~m f~li~ l~a~ t~u~om North ~. GU~ CON~O~ t~ ~imn~ ~ i~on. ~d c~ ~J~tlo~ tO ~ our ~n~m~ or~n. 'r:OTISEI.E\'~.TORCO.',~p3.'~a',tg~f. 19g'/ ,4JIIU~ ~ fot~b.~.'T-OMlil~97) ~aJ:b,r~3ll5 ~e2~6 COMMUNICATION ~ ~ for ~ U~, _SAFETY AND ENVIRONMENT SAFETY TEET~ - TRACTION ELEVATOR8 We ~ll tmiodicaUy ~ ~y d~as a~l ~w=mor$ of · ~ ~ - ~U~ ~ATO~ ~R~ PROTE~N ~ ~ ~ ~) ~s ~ ~1~ for ~ OVT~ OWNERS_HIP ~D UCEN~8 _ OTto Y~ ~A y~ fi~ lo ~' ~S ~'m w~b ~nt~ iA ~ Um:S ~ ~ the Con~. ~ ~ M THE UNffS It i$ a~ ~ ~ ~ ~l ~ ~n ot ~ of ~ Umu, t~t ~h U~ re~ yo~ ~y O O~ ~ ~at~, lm~. or a~ oft~ ~r m [m~e, ~ ~t ~u azc ~lely ~ble for ~1 r~m ~ ~ ~' f~, ~ ~ ~ ~w, ~ ~n~ or CLARIFICATION8 This Conu~'~ W not cov~ eau, gm:loi~es Oacl~lmg. laut ~t h~ to. w~ ~¢1~ ~r ~ ~ ~, M~ ACCEPTANCE · rNl~ QUOTATtON b ~ ~a~ ~ (~) da~ ~ t.b~ ~ ds~. ~nn~msd by: Danlnl R. ~ Otis OTIS Elevator Company One Farm Springs Farmington, CT 06032 Mail Paym.~t PLEASE SEND CORRESPONOENCETO YOUR LOCAL OFFICE AS SHOWN BELOW DUPLICATE Off= Eievat~* Company PO ~m 13716 Newark 07188-07t6 CUSTOMER NO. NPK0008997 DATE INVOICE NO, 8/20/2002 NPK08997 go2 AMOUNT DUE ON SERVICE CONTRACT: INVOICE NJ Billing Customer: CAPITAL STEPS ASSOCIATES, % MATT CORPORATION 2GIS YALE AVE/PO 8OX 901 Cimp Hilt 1700f - PA Enclose this coupon with your payment, Make check payable to: Offs E~w~o~ Compeny DETACH RETURN DOCUMENT ALONG PERFORATION DUPLICATE INVOICE OTIS ELEVATOR **SERVICE CONTRACT CHARGES** CUSTOMER NO. DATE INVOICE NO. NPKD~08~7 8/2O/2002 NPKQe~790~ CA~TALBTEPSASSOC~TEB, CONTRACT NP~7 SERVICE FROM 9/1/2002 TO 11/3G/2002 TOTAL CURRENT CHARGES DUE Special Notations: $2,540.2e FOR ANY QUESTIONS CONCERNING THIS INVOICE, CONTACT OTIS AT: OR WRITE: OTIS ELEVATOR 3303 No,th Stxtil St Harr~4d~urg PA 17110-14~7 (717) 238-7248 PAYMENT DUE UPON RECEIPT * PLEASE PAy PROMPTLY W,~ certffl/ttmt ~he gom~ were pried ~ compliance w~ aa appl~ requk~ment= or ~ection~ 6,7, and 12 of the f~lr labor alandards ~-~, a~ am~'tded, an~ of ragulalJone an~i ordm~ of the United Stal~ Depegtment of Labor impJecl und~ section 14 th~'. Otis OTIS Elevator Company One Farm Springs Farmington, CT 06032 Mall Pa~yrr~rvt tO: ~'~ pLEASE SEND CORRESPONDENCE TO YOUR LOCAL OFFICE AS SHOWN BELOW CUSTOMER NO NPK0008997 DUPLICATE INVOICE O~a EiavMor Company PO Box 13716 CATE INVOICE NO. 11/20/2002 N PK08997 C02 AMOUNT DUE ON SERVICE CONTRACT: Billing Customer: CAPITAL STEPS ASSOCIATES, % MATT CORPORATION 2016 YALE AVE/PO BOX 901 Camp Hill 17001 - PA Enclose this coupon with your payment. Make check payable to: Otia Elevator Company DETACH RETURN DOCUMENT ALONG PERFORATION DUPLICATE INVOICE OTIS ELEVATOR *'SERVICE CONTRACT CHARGES** CUSTOMER NO. DATE INVOICE NO. NPK0008997 11/20/2002 NP K08g~7 C02 CAPITAL STEPS ASSOCIATES, CONTRACT NPK08~7 SERVICEFROM 12/1/2002 TO ~2~2003 TOTAL CURRENT CHARGES DUE Sp~lal Notatlona: $2,540.26 FOR ANY QUEeTIONS CONCERNING THIS INVOICE, CONTACT OTIS AT: OR WRITE; OTIS ELEVATOR 3303 NO't1 S~ St PA 17110-1457 1717) 238-7248 PAYMENT DUE UPON RECEIPT - PLEASE PAY PROMPTLy goods ~ prc~duold in oo(~p~ian~l ~ all app#GabM requtrarnlnta of alctfmla S,7, and 12 of the ~mr tailor stm'~a~a act, 0f reguiationl ~ ordM~ of the Urlt~ ~ee Department of Lei:mr i~ued uP, der aec~g~n 14 U~*eof. and m'~ ~ pa~-lnt 11 5%) p~' mon~fl or the rm~mum rate allowed by applicab~e ~v/, v/nk~hever ia iaea. OTIS CUSTOME~ COPY CUSTOMER NO. DATE INVOICE NO. SILL TO IIIUILDING REFERENCE 'A~ITA~. ~[EP; ~'~ "IATESs INC ~T~T'E STREET ~ PAT] CGRPDRATICH 500 'lEiTH THIR~ CATd OF SE~.VIC~: I~ PA~/N~ L~ ~k~DIT CA~ PL. EAS~ CO~P.~ THE FILLIPING A~D N~[L ~0 ~*~E AOGR~ 55 ~ LCk CR F~ TC TREA~U~ ; E~V[C~S ~ (~6C) 676-6~50e PLEA ~ CdARGE ~Y: { ) ~N~[:4~ EXPRESS ( ) ~STER CARD ( ) VISa C~C ~E[ ............................. E~PZRATZ0~ ANOUNT ~U;~ L~S$ FRE[CCd'IT AN) TAXE~ l~, 2 C:Oe ~0 T~X ~, CC FRE [GHT ,,gC INVOICE A~CJNT t ~200.C0 WE CERTIFY THAT THE C~ WI~qE ~qODUCED IN COMPUANCE WiTH ALL AP~LJCAEILE REQUIREMENTS OF SEG?ION~ 6.7 AND 12 OF THE FAIR LA~OR STANDARDS AC AS AMENDED. AND OF ~q~QULATION~ AND ORO~R~ OFTHE UNITED STATES DEPARTMENT OF LABOR I$~JED UNDER ~ECTION 14 HEREOF. PAYMENTS NOT RECEIVED W1THIN THIRTY (30) DAYS OF THE DATE OF ;NVO~C,E .~HALL EtS DEEMED OVERI:RJE AND SHALL BEAR AN INTEREST CHARGE ON ,~ OVERDUE AMOUNT. CALCULAI~D FROM TH~ OATE OF INVOICE, AT THE RATE OF ONE AND ONE HALF PERCENT (15%) PER MONTH OR THE MAXIMUM RATE ALLOWED i APf~LICABLE LAW. WHiCH~R l$ LE~. ~OULD IT BE NC-~ES~ARY TO COMMENCE COLLECTION /~IOCEEDING8 ACaAIN~T YOU FCR ANY OVERDUE laAYM~NT$, V SHALL AL~O BE ENTITLED TO REIIk~alJR~TJ~ENT FROM YOU FOR THE CO~T OF ~UCH PROCEEDINGS, INCLUDING A1TORNE¥$ FEES. _J :L~NT~CT OTIS AT: [TLZ-.~3~--?Z~ TERM~ NET CASH UPON PRESENTATION MAKE ALL CHECKS PAYABLE TO OTIS ELEVATOR COMPANY PLEASE FOLD AND FORWARD THE REMITTANCE COPY WITH PAYMENT TO THE ADDRESS ABOVE OTIS MAINTENANCE ASSURES PEAK PERFORMANCE OF YOUR ELEVATORS, IT IS AVAILABLE AT AN ECONOMICA~ IrDQLO RATE. tNV~ICE NO. BILL TO 2(;[~ IAL~ AV,F*/PC EGA L BUILDINQ REFERENCE S~3 ~ THT.~D ST tAPR:S~URC D'~TE Ut: $~*RV''*F .... . .,** ~,.- U 'aZ ~HUT ~,£NN C,'~ ~.2Th FLCC~ ~Ci'CR JTALLEI: CYER ~:mGl SJBT]TAL CALCULATED FROM THE DA'rE OF INVOICE, AT THE RATE OF ONE AND ONE HALF PERCENT (1 .$%) PE/q MONI'H C~ THE MAX,MUM RATE ALLOWED C~ARLCTTc ~ NC. ga29G'"545~ C~]NTACT JTIS AT: (TLT-Z]8-72~ TERM~--.NET CASH UPON PRESENTATION MAKE ALL CHECKS PAYABLE TO OTIS ELEVATOR COMPANY rc.~ ,,~. n.,, c~'~'~ PLEASE FOLD AND FORWARD THE REMlt-I'ANCE COPY WITH PAYMENT TO THE ADDRESS ABOVE SERYtCE COHTRACT ACKNOWLEDGMENT T'nenk you for your H~urg, PA 17110 (717) 238-7248 Dare ~,c~owl~ea ,Iuiy 2g, 1999 State Stree~ Office Building 500 N Third Streez Harnsburg, PA 17103 Gentlemen: Enclosed find one (1) ~lly executed cop~ ot Otis contract N'PK-g997 for rite above referenced localion Our accepIance is wi[h the un;lerstanding all terms and condJlions otOfis contract NPK-$99'/sha~! apply in full Thank you for tl~s order and be assured or'our prompt and careful attention. OTIS ELEVATOR. COMPANY Darnel R. Bullis Location Manager/I-Iatrisburg Enclosure OTIS One Farm SOringl Farmingt~. CT 06032. NPK~88~t? INVOICE DUPL.r..CATE DATE h,hlh,h,,hlhh,lh.,hh,h,hhh,h,l.,lll 0tis ELEVATOR COMPANY P.O. BOX 90~454 CHARLOTTE NC 23290-5454 0TIS ELEVATOR CONPANY CAPITAL STEPS ASSOCIATES, %NC % MATT C0R~0RATZ0N 201R YALE JVE/PO aOX 17001 INVOICE OTIS ELEVATOR "*SERVICE CONTRACT CHARGES** CUSTOMER NO. OATE INVOICE NO, NPK~eeE~7 85/28t$2 NPKEE$~Te8Z STATE STREET 0FB SERV[CE FROM C~/O1/02 TO O8/31/O2 2,444.91 SALES TAX g5.35 TOTAL CURRENT C~AAI~S DUE B FOR ANY OUEST]0N$ CONCERNING TN[S ZNVO[CE, CONTACT OTZ5 OR YR]TE OTZS ELEVATOR 3303 NORTH 8TH STREET HARRZSSURG PAYMENT ~ ~ RECEZPT AT: ~-717-238-7248 PA 17110 CAPITAL STEPS ASSOCIATES, INC. (STATE ST OFFICE BLDG) UNPAID INVOICES DUE TO OTIS ELEVATOR COMPANY Invoice # Invoice Date Invoice Amount Service Contract Invoices NPK 8997 602 05/20/02 2,540.26 NPK 8997 902 08/20/02 2,540.26 NPK 8997 C02 11/20/02 2,540.26 Repair Invoices NPK 36820 001 04/19/01 1,200.00 NPK 16122 001 01/25/02 74.56 Total 8,895.34 LIQUIDATED DAMAGES DUE TO BREACH OF CONTRACT Contract Term March 1,1990 through February 28,2004 Last Service Contract Invoice dated 11/20/02 covered the period 12/01/02 through 02/28/03 I lnexpired term of the con'~ract 02/28/03 through 02/28/04 equals 12 months (~,. the full contract price (as liquidated damages) ors 846.79 per month or $10,161.00 Verification The undersign does hereby verify under penalty of perjury, that he/she is the Location Manager of Otis Elevator Company Harrisburg, PA, Plaintiff herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing COMPLAINT are true and correct to the best of his/her knowledge, information and belief. Thomas L Williams Location Manager ¢- SHERIFF'S RETURN - REGULAR CASE NO: 2004-00037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJIND OTIS ELEVATOR COMPANY VS CAPITOL STEPS ASSOCIATES INC CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CAPITOL STEPS ASSOCIATES INC THE DEFENDANT at 1318:00 HOURS, on the at 2016 YALE AVENUE C~LMP HILL, PA 17011 CHARLES DAVIS, OWNER, ADULT a true and attested copy of COMPLAINT & NOTICE was served upon the 9th day of January , __ 2004 by handing to IN CHARGE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /V day of ~r6thonotary So Answers: R. Thomas Kline ~" ~ Deputy~ Sh&riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OTIS ELEVATOR COMPANY Plaimiff(s) VS, No. 04-37 CIVIL PRAECIPE FOR DEFAULT JUDGMENT THE CAPITOL STEPS ASSOCIATES, 1NC. Defendant(s) FILED ON BEHALF OF Plaintiff(s) COUNSEL OF RECORD OF THIS PARTY: NICHOLAS D. KRAWEC, ESQUIRE PA ID #38527 JON MCKECHNIE, ESQUIRE PA ID #36268 Bemstein Law Firm, P.C. Firm #718 Suite 2200 Gulf Tower Pittsburgh, PA 15219 412-456-8100 DIRECT DIAL: (412) 456-8114 BERNSTEIN FILE NO. C0041552 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION OTIS ELEVATOR COMPANY Plaintiff VS. THE CAPITOL STEPS ASSOCIATES, INC. Civil Action No. 04-37 CIVIL Defendant(s) To the Prothonotary: PRAECIPE FOR JUDGMENT Kindly enter Judgment against the defendant(s) above named and in favor of the Plaintiff, in the default of an Answer, in the amount of $13,953.61, plus continuing at the rate of 1.5% per annum on the declining balance computed as follows: Amount claimed in Complaint $13,547.19 Interest from 12/13/03 to 2/13/04 $ 406.42 TOTAL $13,953.61 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. BERNSTE~/pLAW FIRM, P.C. Suite 2200 Gulf Tower Pittsburgh, PA 15219 (412) 456-8100 Plaintiff.' c/o Bemstein Law Firm, P.C., Suite 2200 Gulf Tower, Pittsburgh, PA 15219 Defendant: 2016 Yale Avenue Camp Hill, PA 17001 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION OTIS ELEVATOR COMPANY Pl~ntiff VS. Civil Action No. 04-37 CIVIL THE CAPITOL STEPS ASSOCIATES, INC. Defendant IMPORTANT NOTICE TO: THE CAPITOL STEPS ASSOCIATES, 1NC. 2016 Yale Avenue Camp Hill, PA 17001 Date of Notice: i 19-~ {)q 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 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 Two Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 (1-800) 990-9108 Bernstein Law Finn, P.C. By:/s/Nicholas D. Krawec Nicholas D. Krawec Attorney for Plaintiff Suite 2200 Gulf Tower Pittsburgh, PA 152 l 9 (412) 456-8100