HomeMy WebLinkAbout04-0174MASON-NORTON COMPANY, INC.,
Plaintiff
VS.
MARRAZZO DEVELOPMENT CORP.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. O'-t- /'zq
CIVIL ACTION-LAW
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 have been served. To
defend against the aforementioned claims, a written appearance stating your defenses and objections must
be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to
take action against these claims, the court may proceed without you and a judgement for any money
claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the
court without further notice. You may lose money, 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
2 Liberty Avenue
Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108
NOTICIA
Le hah demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas
en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte
en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que
si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o
notificacion y pot cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder
dinero o sus propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECClON SE
ENCUENTRA ESCRIDA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUlR
ASSISTENCIA LEGAL:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108
MASON-NORTON COMPANY, INC.,
Plaintiff
VS.
MARRAZZO DEVELOPMENT CORP.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LTkW
COMPLAINT
1. The Plaintiff Mason-Norton Company, Inc. is a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania with an address of 310
South Tenth Street, Lemoyne, Cumberland County, Pennsylvania 17043.
2. The Defendant Marrazzo Development Corporation is a corporation
organized and existing under the laws of the Commonwealth of Pennsylvania with an
address of 348 Bridgetown Pike, Langhome, PA 19047 and/or P.O. Box 447, Yardley,
Pennsylvania 19067.
3. On or about September 18, 2002 and September 25, 2002, the Plaintiff and
Defendant entered into an Agreement for the purchase and delivery of certain items,
as more fully set forth and described on the quotation prepared by the Plaintiff, which
is attached hereto as Exhibit "A" and "B", which quotation was confirmed by the
Defendant on September 18, 2002 and September 25, 2002, as indicated on the
Acceptance affixed to the bottom of the quotation.
4. Pursuant to the terms of Exhibit "A" and "B", a contract between the
parties was formed in Cumberland County, Pennsylvania upon acknowledgment by
the Plaintiff on September 18, 2002 and September 25, 2002. The items were shipped
and delivered by the Plaintiff to the Defendant and final payment was due and owing
thereafter, pursuant to the terms of and conditions of the parties contract. Copies of
the invoices for the contracts are attached hereto and made a part hereof as Exhibits
"B" and "C".
5. Defendant has made payment for the smaller bill of $490.00, but to date has
failed to make payments on the larger invoice dated October 15, 2002 in the amount
of $2,60000, and the $120.00 which was oversighted and not invoiced.
6. Pursuant to the terms of the contract, interest accrues at the rate of 12
percent per armum, 30 days after each invoice. In addition, Plaintiff is entitled to
reasonable attorney's fees under the terms of the contract.
7. Despite demand, the Defendant has failed and refused to pay the
aforementioned unpaid balance, plus interest as aforesaid.
WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in
favor of the Plaintiff and against the Defendant Marrazzo Development Corporation in
the amount of $2,720.00, plus continuing interest at the rate of 12 percent per annum
from November 15, 2002 to the date of payment, plus reasonable and necessary
attorney's fees and costs of this proceeding.
Respectfully submitted,
PURCELL, KRUG & HALLER
// T.D. #/~9955
// 171Zg'North Front Street
[, .,.~4~s]~g, PA 17~02
"-------~ (? 17) 234-4178
MATEP,.IAL QUOTATION
'$0~ ~0~0~ CO
~TER.L*2.. QUOTATIO~
MASON-NORTON COMPANY. INC. ~
TO: Marrazzo Dr~clopme~at
SHEET I OF 1
#1
Oak~ ~mel ~.ish
2- ur/nal~
For the jura of ...........
#2 Toilet Access;or/es
,~ - 36" O:ab Bats
9 - 4g" ~ B~ ( y~ ~ay ~ to ~ ~is s~ ~" is ma~ more co~)
F~ ~e s~ of ...........
/.,]ere This e.~ ."hip laa~ ',,.'¢~..~ if we receive you ~'d~ ~md co]or
Exhibit "A"
MASON-NORTON COMPANY, INC.
MERCHANDISE BROKER
STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE
FOR SPECIALTY BUILDING PRODUCTS
1. This quotation is subject to change or withdrawal at any time as MASON-NORTON COMPANY, INC. is doing a brokerage
business, for specialty products used in Construction. Ali quotations are based on delivery of materials within a reasonable time,
subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer.
Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. Our
quotation includes only those items as listed. Items not specifically listed are not included.
2. This quotation does not include taxes of any kind; such as Federal, State, Local, Business or Privilege Taxes are not included.
Use taxes are not included. This quotation is subject to any future taxes or tax increase which may be imposed. Collection of
Taxes is for the convenience of the purchaser and will be remitted to the Taxing Authority on his behalf. MASON-NORTON
COMPANY, INC. assumes no responsibility for taxes unpaid by buyer. Buyer must secure refunds from Taxing Authority.
3. MASON-NORTON COMPANY, INC. does not intend to be bound to any buyer based upon a contract which that buyer
may have with another party. Quotations are given in good faith for materials which are considered to be acceptable for the
project referenced, but it must be kept in mind that final approval is at the discretion of others over whom we have no control.
4. All guarantees on materials are the Manufacturers standard and no other warranty is made by MASON-NORTON
COMPANY, INC., just as all quotations cover materials made to the standard specifications and details of the named
manufacturer, which is deemed ro be what is desired. Contracts which may be cancelled due to a third party interpretation of
the requirements, which vary from our own, shall impose no liability on MASON-NORTON COMPANY, INC. to furnish
other materials or pay any part of the cost of so doing. Cancellation of this conu'act is subiect to written acceptance of the
manufacturer, and MASON-NORTON COMPANY, INC. A minimum cancellation charge of ten percent may be imposed
on thc buyer. Material is not to be returned without written permission. Returns Policy - Manufacturers restocking percentages
will apply, additional freight charges must be paid. Products must be returned in origi'nal cartons, and packaging. Final credits
cannot be issued until final acceptance of returned products at the factory, without shortages, or damages.
5. Quotations include freight cost unless stated otherwise, however, shipment is EO.B. Factory for delivery to job, or to the nearest
rail or truck terminal. Title of goods shall pass from the shipper to the buyer on receipt ora common carrier or by receipt given
to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable.
Damage claims, unloading of shipments and storage of same are the responsibility of the buyer. Notification of shortages,
damages, and/or defective materials must be made to MASON-NOKFON COMPANY, INC., the day of delivery. Material
deliveries are not m be refused under any circumstances. Added charges for refused shipments will be invoiced to you.
6. MASON-NORTON COMPANY, INC. shall not be liable for any loss, damage, detention or delay caused by freight damages,
shortages, defective or incorrect material, or by circumsta~ces beyond their control: Delivery dates are dependent upon the
performance of others, so they are given as probable, not as a guarantee of performance.
7. The acceptance of this quotation by a signature here-on, by telephone, facsimile, email, written purchase order or subcontract,
shall constitute a contract of sale only after written acknowledgement by MASON-NORTON COMPANY, INC. Change
orders are accepted under the original terms and conditions of our Order Acknowledgtnent.
8. This quotation shall be deemed a part of the agreement between MASON-NORTON COMPANY, INC. and thc buyer even
if not specifically mentioned in any written of verbal order given to MASON-NORTON COMPANY, INC. by the buyer.
9. A written acknowledgement from MASON-NORTON COMPANY, INC. shall constitute an acceptance of the contract in
Cumberland County, Pennsylvania. MASON-NORTON COMPANY, INC. will only perform oo the basis of the terms and
cmtditions herein stated, which terms shall govern, in case of conflicts between the buyer's order and this quotation. Any, contract
which develops from this quotation may be assigned to a third party fbr handling and/or collection of the account without any
liability on the part of MASON-NOKFON COMPANY, INC.
10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of
12% annually on all over due accounts. No waiver of payment terms will be granted for any reason if not requested in writing
before the 30 days expire.
In the event of default of thc payment of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY,
INC. placing the collection of such sums in the hands of an attorney upon default, MASON-NORTON COMPANY, INC.
shall be entitled to reimbursement of all reasonable and necessary attorney's fees incurred for the collection of the same, and all
costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder.
11. Waiver and Releases of Liens will not be executed by MASON-NORTON COMPANY, INC. unril full payments are received.
12. MASON-NORTON COMPANY, INC. accepts no partial payments, retainages, liquidated damages, or backchar, lges without
previous written notification of problem and their costs. An)' charges MUST have the written acceptance otMASON-
NORTON COMPANY, INC.
To our Customers: These terms and conditions have developed over many years and are stated to clarify the abilities and
position of MASON-NORTON COMPANY, INC. as a manufacturer's agent. We have no intention of neglecting you. On the
contrary, we assure you of our cooperation and aid, especially when a problem arises.
Thank You
THE MARRAZZO DE'V.CORP. DATF~ Sept~ber 25~ 2002
ATTI~; DAN P RO]E~:
LO~ON; ~ing, N.J,
OUK qU~ 20~36
~D OF '~ ~ N~ ~UD~
~OILET ~CCES~ORXES:
12 - 0710 ~l=gle toilet tissue dispensers
~w£ng ?laza Shopping Crt.-
Real
120,00
Exhibit "B"
MASON-NORTON COMPANY, INC.
MERCHANDISE BROKER
STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE
FOR SPECIALTY BUILDING PRODUCTS
1. This quotation is subject to change or withdrawal at any time as MASON-NORTON COMPANY, INC. is doing a brokerage
business, for specialty products used in Constructiou. All quotations are based on delivery of materials within a reasonable time,
subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer.
Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. Our
quotation includes only those items as listed. Items not specifically listed are not included.
2. This qu~tati~n d~es n~ inc~ude taxes ~f any kind; such as Federa~ State~ L~ca~ Business ~r Privi~ege Taxes are n~t induded.
Use taxes are not included, This quotation is subject to any future taxes or tax increase which may be imposed. Collection of
Taxes is for the convenience of the purchaser and will be remitted to the Taxing Authority on his behalf. MASON-NORTON
COMPANY, INC. assumes no responsibility fbr taxes unpaid by buyer. Buyer must secure refunds from Taxing Authority.
3. MASON-NORTON COMPANY, INC. does not intend ro be bound ro any buyer based upon a contract which that buyer
may have with another party. Quotations are given in good faith for materials which are considered to be acceptable for the
project referenced, but it must be kept in mind that final approval is at the discretion of others over whom we have no control.
4. Ail guarantees on materials are the Manut~.cturers standard and no other warranty is made by MASON-NORTON
COMPANY, INC., just as all quotations cover materials made to the standard specifications and details of the named
manufacturer, which is deemed to be what is desired. Contracts which may be cancelled duc to a third party interpretation of
the requirements, which vary from our own, shall impose no liability on MASON-NORTON COMPANY, INC. to furnish
other materials or pay any part of the cost of so doing. Cancellation of this contract is subject to written acceptance of the
manufacturer, and MASON-NORTON COMPANY, INC. A minimum cancellation charge of ten percent may be imposed
on the buyer. Material is not to be returned without written permission. Returns Policy - Manufacturers restocking percentages
will apply, additional fi'eight charges must be paid. Products must be returned in original cartons, and packaging. Final credits
cannot be issued until final acceptance of returned products at the factory, without shortages, or damages.
5. Quotations include freight cost unless stated otherwise, however, shipment is EO.B. Factory for delivery to job, or to the nearest
rail or truck terminal. Title of goods shall pass from the shipper to the buyer on receipt ora common carrier or by receipt given
to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable.
Damage claims, unloading of shipments and storage of same are the responsibility of the buyer. Notification of shortages,
damages, and/or defective materials must be made to MASON-NORTON COMPANY, INC., the day of delivery. Material
deliveries are not to be refused under any circumstances. Added charges for refused shipments will be invoiced to you.
6. MASON-NORTON COMPANY, iNC. shall not be liable tbr all,/- loss, damage, detention or delay caused by freight damages,
shortages, defective or incorrect material, or by circumstances b~yond their control: Delivery dates are dependent upon the
performance of others, so they are given as probable, not as a guarantee of performance.
7. The acceptance of this quotation by a signature here-on, by telephone, facsimile, email, written purchase order or subcontract,
shall constitute a contract of sale only after written acknowledgement by MASON-NORTON COMPANY, INC. Change
orders are accepted under the original'terms and conditions of our Order Acknowledgment.
8. This quotation shall be deemed a part of the agreement between MASON-NORTON COMPANY, INC. and the buyer even
if not specifically mentioned in any written of verbal order given to MASON-NORTON COMPANY, INC. by the buyer.
9. A written acknowledgement from MASON-NORTON COMPANY, INC. shall constitute an acceptance of the contract in
Cumberland County, Pennsylvania. MASON~NORTON COMPANY, INC. will only perl'brm on the basis of the terms and
coi~ditions herein stated: wh ch t~:rms sba govern, in case ofconfl crs I?etween the buyer's order and this quotation. Any contract
~?~ihtyd~eltohPeS. .. pf;~no~ht~Aq~)t~t~qn(~l~Y, ob~_ . a~s~lld~'' ~,~thl~dcp. arty. for handling and/or collection of the account without any
10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of
12% annnally on all over due accounts. No 5vaiver of payment terms will be granted for any reason if not requested in writing
before the 30 days expire.
In the event of default of the payment of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY,
INC. placing the collection of such sums in thc hands of an attorney upo, n default, MASON-NORTON COMPANY, INC.
shall be entitled to reimbursement of all reasonable and necessary attorneys fees incurred for the collection of the same, and all
costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder.
11. Waiver and Releases of Liens will not be executed by MASON-NORTON COMPANY, iNC. until full payments are received.
12. MASON-NORTON COMPANY, INC. accepts no partial payments, retainages, liquidated damages, or backcharges without
previous written notification of problem and their costs. Any charges MUST have the written acceptance of MASON-
NORTON COMPANY, INC.
To our Customers: These terms and conditions have developed over many years and are stated to clariS5' the abilities and
position of MASON-NORTON COMPANY, INC. as a tnanufacturer's agent. We have no intention of neglecting you. On the
contrary, we assure you of our cooperation and aid, especially *vhen a problem arises.
Thank You
To:
MASON-NORTON COMPANY, INC.
SPECIALTY CONSTRUCTION PRODUCTS
For the Commerlcal Construction Industry
GEORGE O. PREBLE - PRESIDENT
310 S. TENTH ST., LEMOYNE PA 17043
PHONE: 717-737-4558 FAX: 717-761-8287
THE MARRAZZO DEV. CORPORATION
P.O. BOX 447
YARDLEY, PA 19067
Sales Rep ID
M JR
INVOICE
Invoice Date: Invoice Number:
10/8/02 20836-1
Shipped To:
EWING PLAZA SHOPPING CENTER
1980 OLDEN AVE
EWING, NJ 08638
TERMS OF SALE: 30 DAYS NET: 1% INTEREST PER MONTH ON OVERDUE ACCOUNTS
CustomerlD: D~eShipped Shipped Via COL PP
MARRAZZO 01803 i~/4/02 UPS X
Description
?OILET ACCESSORIES MFG ~E ASi AS PER APPROVALS
TAX EXEMPT
F,O.B. Point Terms YourOrderNumber
FACTORY Net 30 Days
Amount
490.00
PLEASE PAY FROM THIS INVOICE
BE ADVISED THAT IF THIS INVOICE GOES
BEYOND OUR TERMS OF PAYMENT, IT WILL BE
NECESSARY UNDER THE BONDING
REQUIREMENTS TO NOTIFY YOUR BONDING
COMPANY, ARCHITECT, OWNER AND OTHERS
ON THE SIXTIETH DAY FROM THE DATE OF
THIS INVOICE.
Subtotal 49o. OD
Sales Tax
Total Invoice Amount 490. oD
Payment Received o. OD
TOTAL 49o. o o
NO PARTIAL PAYMENTS, RETAINAGES, BACKCHARGES OR
LIQUIDATED DAMAGES MAY BE DEDUCTED FROM THIS
INVOICE WITHOUT PRIOR WRITTEN APPROVAL.
Exhibit "C"
FEDERAL ID #23-2984787
CON~TRU~:TION
ESTABLISltED
PHONE: 717-737-4558
MASON-NORTON COMPANY, INC.
SPECIALTY CONSTRUCTION PRODUCTS
For the Commerical Construction Industry
GEORGE O. PREBLE - PRESIDENT
310 S. TENTH ST., LEMOYNE PA 17043
FAX: 717-761-8287
To[
THE MARRAZZO DEV. CORPORATION
P.O. BOX 447
YARDLEY, PA 19067
INVOICE
Sales Rep ID Invpice Date: ; Invoice Number:
MJR 10/15/02 20836-2
Shipped To:
1980 OLDEN AVE
EWING, NJ 08638
TERMS OF SALE: 30 DAYS NET: 1% INTEREST PER MONTH ON OVERDUE ACCOUNTS
Customer ID: Date Shipped Shipped Via COL PP F.O.B. Point Terms Your Order Number
MAmRAZZO 01803 10/14/02 NEW PENN X
Description
TOILET pARTITIONS MFS BY ALL AMERICAN AS PER APPROVALS
TAX EXEMPT - STATE CF NJ
FACTORY' Net 30 Days
Amount
2,600~00
PLEASE PAY FROM THIS INVOICE
Subtotal
Sales Tax
Total Invoice Amount
Payment Received
TOTAL
2,600.00
2,600.00
0.00
2,600.00
BE ADVISED THAT IF THIS INVOICE GOES
BEYOND OUR TERMS OF PAYMENT, IT WILL BE
NECESSARY UNDER THE BONDING
REQUIREMENTS TO NOTIFY YOUR BONDING
COMPANY, ARCHITECT, OWNER AND OTHERS
ON THE SIXTIETH DAY FROM THE DATE OF
THIS INVOICE,
NO PARTIAL PAYMENTS, RETAINAGES, BACKCHARGES OR
LIQUIDATED DAMAGES MAY BE DEDUCTED FROM THIS
INVOICE WITHOUT PRIOR WRITTEN APPROVAL,
FEDERAL ID #23-2984787
Exhibit "D"
VERIFICATION
COMPANY NAME: MASON-NORTON COMPANY, INC.
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA
C.S. § 4904 relating to unswom falsification to authorities.
Title George O. I'reble
The Comlt of Common Pleas of Cumberland County, Pennsylvania
Mason-Norton Company Inc
VS.
Marrazzo Development Corp
SERVE: s~ne
No, 04-174 civil
Now, February 3, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of ~cks County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Now,
within
Affidavit of Service
.,20. ,at
0'clock ~ M. served the
upon
at
by handing to
a
mad made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this day of
,2O
Sheriffof
COSTS
SERVICE
MILEAGE
AFFIDAVIt'
County, PA
BUC'KS CO UNTY_ o,/__
SHERIFF'S RETURN
s ~ ~ -' '
S~cial Instructions_
Action CIVIL ACTION - COMMLAINT
Plaintiff MAF;ON- NC)RTON
ve
Defendant MARRAzzO DEVgLOPM~NT
~/,R RRT~TNWN pTK~
Address Served if Different
~L~.~3~ Pa.R.C.P. #402
{A) (i) Defendsm personally served
----~I (2)<i) Family Member
{2) {i) Adult in Charge of Residence
· .; (A} (2) {ii) Manager/Clerk at Defts. Lodging
(A) {2) (iii) Person in Charge of Business
By Posting
Not Served
30 Days Ran Out
. Defendant Moved _
Def. Unknown
Checked Poet Office
Forwarding Address
Defendant Not Home
Address Vacant
Dep. NeedsBe~erAdd.
No Forwerding
The above d~ument ~~d on the
defendant as ~for~ m~ abov~he Counw
of Bucks, CO~~
So answers:
. Sheriff ~ Bucks Coun~
Affirm ~ ubscribed before me on thru day
Prothonotary · '-
Affirm~ and subscribed before me on this day
Notary Public
My Com_, Exp.
SHERIFF'S RETURN -
CASE NO: 2004-00174 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MASON-NORTON COMPANY INC
VS
MARRAZZO DEVELOPMENT CORP
OUT OF COUNTY
R. Thomas Kline
duly sworn according to law,
and inquiry for the within named DEFENDA/~T
MARRAZZO DEVELOPMENT CORP
but was unable to locate Them
deputized the sheriff of BUCKS
serve
Sheriff or Deputy Sheriff who being
says, that he made a diligent search and
to wit:
in his bailiwick.
County,
the within COMPLAINT & NOTICE
He therefore
Pennsylvania, to
On February 18th , 2004
attached return from BUCKS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep Bucks County
18.00
9.00
10.00
48.00
85.00
02/18/2004
PURCELL KRUG HALLER
Sworn and subscribed to before me
this ~0 ~ day of J~
A.D.
Prothonota~ ~
this office was in receipt of the
R.z Thomas Kline
Sheriff of Cumberland County
The Court of Common Pleas of Cumberland County, Pennsylvania
Mason-Norton Company Inc
VS,
Marrazzo Develo~nent Corp
SERVE: same
No. 04-174 civil
Now, February 3, 2004
hereby deputize the Sheriff of Sucks
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland Coanty, PA
, I, SHERIFF OF CUMBERLAND COUNTY, PA, do
County to execute this Writ, this
Affidavit of Service
Now,
within
,20 _, at o'clock__ M. served the
upon
at
by handing to
a
and made known to
Sworn and subscribed before
me this day of
,20
copy of the original
So answers~
the contents thereof.
Sheriffof County, PA
COSTS
SERVICE
MILEAGE
AFFIDAVIT
0430~
ucks County Case #
w ' et i
~*cf~l~-l~nr~d~°/~//~CC~)County Sheriffs Office
or
BUCKS COUNTY of/
SHERIFF'S RETUR
Special Instructions
Action CIVIL ACTION COMRLAINT
Plaintiff MASON- NORTON C,O~INC
vs
Defe.dant MARRAZZ0 DEVELOPMENT CORP
~/,g RRTI~'~nWN PTI~
LAN~HORNE, PA 19047
Address Served if Different
,~-~ved un~l~ Pa.R.C.P. #402
(A) (i) Defendant personally served
A) (2) (i) Family Member
A) (2) (i) Adult in Charge of Residence
(A) (2) (ii) Manager/Clerk at Defts. Lodging
(A) (2) (iii) Person in Charge of Business
ByHandingt°/'~O--~' ~'j,.f~'~,'z,~ cJ
By Posting
Not Served
30 Days Ran Out
Defendant Moved
Def. Unknown
Checked Post Office __
Forwarding Address
Defendant Not Home
Address Vacant
Dap. Needs Better Add.
No Forwarding
By Deputy
Witness
At 9 ~
The above d~ument~~: ::7:;d on the
defendant as ~for~t~ li~e~ abov~he County
S° answers: ' ~j~;
Sheriff of Bucks County
Affirmed an~d subscribed before me on this day
Prothonotary
Affirmed and subscribed before me on this day
Notary Public
My Com. Exp.
Bucks County Case #
Inv ' e t i
Attn. of
or
MASON-NORTON COMPANY, INC.,
Plaintiff
VS.
MARRAZZO DEVELOPMENT CORP.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-174 CIVIL TERM
CML ACTION-LAW
PRAECIPE
TO THE PROTHONOTARY:
Please enter judgment in favor of the Plaintiff and against the Defendant in the
above matter, for failure to file a response to the Complaint, within twenty days of
service, and after Ten Day Notice pursuant to Pa. R.C.P. 237.1.
Judgment shall be as follows:
1. In favor of the Plaintiff and against the Defendant for $2,720.00 as of
November 15, 2002, plus continuing interest at the rate of 12 percent per annum
thereafter, plus reasonable Attorney's fees and costs of suit.
I hereby certify that a Ten Day Notice of Default was mailed to the Defendant
on March 11, 2004 in accordance with the above referenced Rule.
PURCELL, KRUG & HALLER
Harrisburg, PA 17102
(717) 234-4178
Date: April 1, 2004
PURCELL~KRUG ~ HALLER
?17 2~3 1149 P.02×0~
MASON-NORTON COMPANY, INC.,
Plaintiff
VS,
MARRAZZO DEVELOPMENT CORP.,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04-174 CIVIL TERM
; CIVIL ACTION-LAW
NOTICE TO:PLEAD
TO:
Marrazzo Development Corp.
348 Bridgetown Pike, Langhorne,PA 19047
And
Matrazzo Development Co~p.
P.O. Box 447, Yardley, PA 19067
DATE OF NOTICE: March 'J 1, 2004
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY ATTORNEY AND FILE iN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM
THE DATE OF THIS NOTICE A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS
NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Cumberland County Bar AssociatiOn
32 South Bedford Street
Carlisle, PA 17013 (717)249-3166 or (800) 990-910R
PURCELL, KRUG & HALLER
BY "' ., ,~,.,..;. :~,
· John W, Purcell, Jr ....
I.D. 2gg§~
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4176
Attorney for Plaintiff
PURCELL,KRUG & HALLER
?17 233 1149 P.OJ×03
NOTICIA ,IMPORTANTE
TO: Marrazzo Development Corp.
348 Bridgetown Pike, Langhorne, PA 19047
and
Marrazzo Development Corp.
P.O. Box 44% Yardley, PA 19067
FECHA DE NOTIClA: March 11, 2004
USTED NO HA COMPLID0 CON EL AVISO ANTERIOR PORQUE HA FALTADO EN
TOMAR MEDIDA8 REQUERIDA$ RESPECTO A ESTE CABO. SI USTED NO ACUTA
DENTRO DE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE
UN FALLO 8ERIA RESITRADO CONTRA USTED SIN UNA AUDENClA Y USTED PODRIA
PERDER SU PROPIEDAD O OTROS DERECHO8 IMPORTANTE8. LiSTED DEBE
LLEVAR ESTA NOTICIA A SU ABOGADO EN SEGUIDA. $1 USTED NO TIENE
AROGADO O NO TIENE CON QUE PAGAR LOS $ERVICIO$ DE UN ABAOGADO, VAYA
O LLAME A LA OFICINA ^BAJO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER
LA AYUDA LEGAL.
Cumberland County Bar Association
$2 ,~outh Bedford Street
Carlisle, PA 17013 (717)249-3166 or (800] 990-9108
?bfnL"P. ~j ......
Prothonotary
PflAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
MASON-NORTON COMPANY, INC.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAXD COUNTY, PENNSYLVANIA
VS.
..,.MA~...R~..Z~.Q.P~L~P~JqT. CORP ...........
Defendant
Judgment No..0.47~7.z~ ....... Term,2004 ....
PRAEClPE FOR WRIT OF EXECUTION
(MONEY JUDGMENT)
To the Prothonotary: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(Il Directed to theSheriffof ....... B..u.c.k..s .................. County, Pcnna.;
(2) against .M~razzo. J]eveAopment..Co~.p .... ~.~$. B.~$~ge~P.Ara. P. ik~.,..L~flghp.~ne.,..PA ........
19047
............................................................................. Defendant(s);
(3) and against .......................................................................... Garnishee(s);
(4) and index this writ
(al against .....................................................................................
..................................................................... Defendant(s) and
(b) against .....................................................................................
....................................................................... Garnishee(s),
as a lis pendens against the real property of thc Defendant(s) in the name of the Garnishee(s) as follows:
(Specifically describe property)*
Any and all personalproperty, including, but not limited to, cash, automobiles,
furniture, jewelry, computers, computer hardware and software, televisions, VCRs,
appliances, entertainment equipment and sports equipment located at 348 Bridgeto~rm
Pike, Langhorne, PA 19047
(5) Amount due $.. ~ :, 7~.(~.,p.o .........
lnterestfrom November 15, 2002
continuing at a rate of 12
percent per annum thereafter
plus reasonable attorney's fees
and costs.
Dated 9/7/04
Total ............... Plus costs.
Judgment entered by confession
....... Judgment no entered by confession
Notice given
~0
0m
Z~
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 04-174 Civil
COUNTY OF CUMBERLAND) CWIL ACTION - LAW
TO THE SHERIFF OF BUCKS COUNTY:
To satisfy the debt, interest and costs due MASON-NORTON COMPANY, INC., Plaintiff (s)
From MARRAZZO DEVELOPMENT CORP., 348 BRIDGETOWN PIKE, LANGHORNE, PA
19047
(1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL
PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, CASH, AUTOMOBILES,
FURNITURE, JEWELRY, COMPUTERS, COMPUTER HARDWARE AND SOFTWARE,
TELEVISIONS, VCRS, APPLIANCES, ENTERTAINMENT EQUIPMENT AND SPORTS
EQUIPMENT LOCATED AT 348 BRIDGETOWN PIKE, LANGHORNE, PA 19047
(2) Yun ar~ a~s~ directed t~ attach the pr~perty ~f the d~fandant( s) n~t ~evied up~n in th~ p~ssessi~n
of
GARNISHEE(S) as follows:
and to not/fy the garnishee(s) that: (a) an attachraent has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named gardshee, you are directed to not/fy him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $2,720.00 L.L. $.50
Interest FROM NOVEMBER 15, 2002 CONTINU/NG AT A RATE OF 12 PERCENT PER ANNUM
THEREAFTER
Atty's Corem % Due Prothy $1.00
Arty Paid $167.00 Other Costs
Plaint/ff Paid
Date: SEPTEMBER 16, 2004
(Seal)
REQUESTING PARTY:
Name JOHN W. PURCELL, JR., ESQUIRE
Address: PURCELL, KRUG & HALLER
1719 N. FRONT ST.
HARRISBURG, PA 17102
Attorney for: PLAINTIFF
Telephone: 717-234-4178
Supreme Court ID No. 29955
CURTIS R. LONG
Prothun~ry
Deputy