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HomeMy WebLinkAbout08-6645 ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff SHERWIN WILLIAMS CO successor ` IN THE COURT OF COMMON PLEAS OF by merger to Duron Paints & Cumberland COUNTY, PENNSYLVANIA Wallcoverings and MAB Paints, Plaintiff NO. C)$ - Civil term ?to?5 v CIVIL ACTION - LAW MICHAEL BARCHUCK individually and trading as M R B PAINTING Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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, 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 TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y'objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 SHERWIN WILLIAMS CO successor IN THE COURT OF COMMON PLEAS OF by merger to Duron Paints & Cumberland COUNTY, PENNSYLVANIA Wallcoverings and MAB Paints, s ..? Plaintiff NO. OF- 6 4 y v MICHAEL BARCHUCK individually and trading as M R B PAINTING Defendant' CIVIL ACTION - LAW COMPLAINT The Plaintiff, SHERWIN WILLIAMS CO, by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendants to recover the sum of FOUR THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NINETY CENTS ($4,170.90), along with interest thereon at the statutory rate from May 21, 2008, upon a cause of action of which the following is a statement: 1. The Plaintiff, SHERWIN WILLIAMS COMPANY, successor by merger to Duron Paints & Wallcoverings and MAB Paints, is a corporation organized and existing under the laws of the State of Ohio, having its principal office and place of business at 186 Center Street, Clinton, NJ 08809. 2. The Defendant, MICHAEL BARCHUCK, individually and trading as M R B Painting, is an adult individual with an address of 6407 Cannon Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW MAB 34626.wpd 2 3. M R B Painting is a fictitious name registered to Michael Barchuck as more fully set forth on the Pennsylvania Department of State Corporation Bureau print out r attached hereto, marked Exhibit "k' and made a part hereof. COUNT I - DURON ACCOUNT # 4950-3593-3 4. Plaintiff incorporates by reference the averments of Paragraphs 1 through 3 the same as if fully set forth at length herein 5. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs open invoice Statement of Account hereto attached, marked Exhibit "B" and made a part hereof,, Plaintiff, at the special instance request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of One Thousand Seventy- Seven Dollars and Forty-Nine Cents ($1,077.49). 6. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay to Plaintiff. 7. The balance due and owing by Defendant to Plaintiff is the sum of One Thousand Seventy-Seven Dollars and Forty-Nine Cents ($1,077.49), as appears by Exhibit "B" F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW MAB 34626.wpd 3 hereto. 8. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of One Thousand Seventy-Seven Dollars and Forty-Nine Cents ($1,077.49), togetherwith interest at the statutory rate from as set forth herein. COUNT II - SHERWIN WILLIAMS CO ACCOUNT #4205-2353-2 10. Plaintiff incorporates by reference the averments of Paragraphs 1 through 9 the same as if fully set forth at length herein. 11. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs open invoice Statement of Account hereto attached, marked Exhibit "C" and made a part hereof, Plaintiff, at the special instance request of the Defendant, sold and delivered goods, wares and merchandise of the kind and F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW MAB 34626.wpd 4 description set forth on said Exhibit to the total amount of Two Thousand Five Hundred Thirty Dollars and Sixteen Cents ($2,530.16). 12. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay to Plaintiff. 13. The balance due and owing by Defendant to Plaintiff is the sum of Two Thousand Five Hundred Thirty Dollars and Sixteen Cents ($2,530.16), as appears by Exhibit "C" hereto. 14. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 15. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of Two Thousand Five Hundred Thirty Dollars and Sixteen Cents ($2,530.16), together with interest at the statutory rate from as set forth herein. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW MAB 34626.wpd 5 COUNT III - MAB ACCOUNT #1906-7677-7 16. Plaintiff incorporates by reference the averments of Paragraphs 1 through 15 the same as if fully set forth at length herein. 17. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's open invoice Statement of Account hereto attached, marked Exhibit "D" and made a part hereof, Plaintiff, at the special instance request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of Five Hundred Sixty-Three Dollars and Twenty-Five Cents ($563.25). 18. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay to Plaintiff. 19. The balance due and owing by Defendant to Plaintiff is the sum of Five Hundred Sixty-Three Dollars and Twenty-Five Cents ($563.25), as appears by Exhibit "D" hereto. 20. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\SHER WMS DURON MAB\SW DPW MAB 34626.wpd 6 21. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the following sums: A. Count I: the sum of One Thousand Seventy-Seven Dollars and Forty-Nine Cents ($1,077.49); and B. Count II: the sum of Two Thousand Five Hundred Thirty Dollars and Sixteen Cents ($2,530.16); and C. Count III: the sum of Five Hundred Sixty-Three Dollars and Twenty-Five Cents ($563.25), For a total balance due and owing to Plaintiff by Defendant in the amount of FOUR THOUSAND ONE HUNDRED SEVENTY DOLLARS AND NINETY CENTS ($4,170.90) plus interest as set forth herein. Respectfully submitted, KODAK & I M, P.C. 04??l 4t Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff Business Entity Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Business Entity Filing History Date: 7/23/2008 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type M R B PAINTING Current Name Fictitious Names - Domestic - Information Entity Number: 580859 Status: Active Entity Creation Date: 2/7/2006 State of Business.: PA Principal Place of Business: 6407 CANNON DR Mechanicsburg PA 17050 Mailing Address: No Address Owner Information Owner(s) for: M R B PAINTING Owners Name: BarchucK Michael Mailing Address: [Address Not Available] Home I Site Map I Site Feedback I View as Text Only I Employment ??©n •??aJf? V o Home http://www.corporations.state-p Copyright O 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement EXHIBIT A 7/23/2008 C"'L I ?$ w g ?Z o ? r a a? o ---- ---- Z ° C a p D ovm c?M C w co 151 ON 6=f Z$m 0 C ja i I C A } 1+ J w 888833 y I- c S??RSio? Z W wO v ^ `?' d o g o a LL c ~ ??Z H W ? ? ? ' p•?c?mWO W ° 4 d 40? a Z ?t?iW z? F- 4 m z lu Ex z - ci al! 49 omw c W 38O8p3o883 Nil I F d z w b b b b b b b b o 09 W b Z O t J o? a ? ??a oo?i ? z CL ao = = r < 3 -0. Ulki Q ?? w w w w w ?- w .. v 5! Z BOOZ-1Z-90 'W-e LO: °WVIIIIMNIM213H3 "0'0£g 9lZ ' EXHIBIT 34 (P a(o w a x 3ytoa-4 - ? F t?t Z m g0 ? r ? O _ ,. w o .. a .- .r y _ S Q NM ?p It'd ?C4 s: {t?- ???w M??MKM NO w U. NCO ZZ ? ' ?w ' ' a M ?y 0 co i "g Y a ? ? _ -,.,Q ?, N X U. a (319 a z m r?' $ Z a m w WC-Z08 tDnV w y F OW UO fA Lu ?: C-j -0 3Wy? Z??a N O J 0 W O W? O ZO z_ x? d r o 0 uj ZZW Z ooa a a a a q N M ' ?o W u 0 00 a o ? < 4a4IxZ wO?S99?OSf M? N N N b M w 0 00 H ? z V o$ y Z 2 b J 0 O 841 $ 84tiema128ar8r$a 409 9 1 N~ 1 M I f z T? M R `f o I'I" I O V O ip O O O O y? ???pp 1 f?pp ? O t5 ?w?pp O O b h b b b b h p Ui M! H h b W 9/ E eooz-1z-90 -w-e zt+: 1111111 NIMV3HS ZZ09099 91Z EXHIBIT C m s a `,4 ? a S a ? F-?! Z x z o z z 1 v 5 1 L H.Mw Z N N N O N ? K A Z ? a a r? Z? 12 Q a c a(j A isN W H tq= O W UG O A 5 a? A ?1% d FO- Y Z WCI ?? x d g oc 0 O M N M v 0 0 6 lK d m lu g M J r?. t 0 W D 8 20 oa. O ?a m U, z? Z ? g ? a I WO y ? M Oy O a it I?0b A 5/ b 900Z-LZ-50 _w. 0 ZZ:ZY:80 SWVIIIIM NIM OH8 ZZOSO£9 9 lZ u' 8 F Z o AEI V$? a o o z? z_ a W z o? k? ao LL a C Y Fir A h J m r IT W r Z O a L :E zz Jz" H 19 W 51g cc a o d51 W w 12 H W Z CL a 09 0 W ? ?_ d .. V r ? Om W ?,., K h d IRiu, p ? W 5 Gj ?aa QVa mm o a z p8pdSd8SN? 0.. aaao,z NSSp$oSo8oo? ?MMM?l? N OC x0)00 V 2 C 3ue H ? n ?N{ rt w a C a J F W O V t?[ yl ? V 215 800t-LZ-SO 'ua'g 14 EXHIBIT D >YVVIIIIM NIMa3HS ZZOS0E8•s It VERIFICATION i,Ar>Arh ? oar , Sc• ?isr?.?cr Cow-vir of SHEF?'.'': _LIAM - C0., verify that the statements made in the aforegoing document are true T,4-:'i. I U icerstand that false statements herein are made subject to the penalties r Pa. C. S. §4904, relating to unsworn falsification to authorities. SHERWIN WILL MS CO. By: SD cw? / Title: . _ ??Sf. C iLG?.LtI "*#w 6 7C, Dated : .0-Apvr 34626/7/8 MRB1Barchuck ,- S? .. Z W 0 SHERIFF'S RETURN - NOT FOUND * CASE NO: 2008-06445 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ARROW FINANCIAL SERVICES INC VS FREILICHER THERESA M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and i inquiry for the within named'DEFENDANT FREILICHER THERESA M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT FREILICHER THERESA M 216 N PRINCE ST SHIPPENSBURG, PA 17257-1320 PER POST OFFICE, DEFENDANT MOVED TO FRANKLIN COUNTY. Sheriff's Costs: So answer Docketing 18.00 - Service 20.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 iZlvilj1 ? 53.00 BLATT HASENMILLER LEIBSKER 11/14/2008 Sworn and Subscribed to before me this day of I , A. D. CASE NO: 2008-06645 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERWIN WILLIAMS CO VS BARCHUCK MICHAEL ET AL TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BARCHUCK MICHAEL AND T/D/B/A M R B PAINTING the DEFENDANT , at 0011:16 HOURS, on the 21st day of November-, 2008 at 6407 CANON DRIVE MECHANICSBURG, PA 17050 MICHAEL BARCHUCK by handing to OWNER OF BUSINESS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Affidavit .00 Surcharge 10.00 Postage .42 V8.42 Sworn and Subscibed to before me this of So Answers: r R. Thomas Kline 11/24/2008 KODAK & IMBLUM By. day eputy Sheriff A.D. P SHERIFF'S RETURN - REGULAR CASE NO: 2008-06645 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERWIN WILLIAMS CO VS BARCHUCK MICHAEL ET AL TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon M R B PAINTING the DEFENDANT at 0011:16 HOURS, on the 21st day of November-, 2008 at 6407 CANON DRIVE MECHANICSBURG, PA 17050 by handing to MICHAEL BARCHUCK OWNER OF BUSINESS a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge JI1G,/bs (?_ So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 ? 16.00 11/24/2008 Sworn and Subscibed to before me this of By ?- day D uty Sheriff A.D. SHERWIN WILLIAMS CO successor by merger : IN THE COURT OF COMMON PLEAS to Duron Paints & Wallcoverings and MAB Paints :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-6645 CIVIL MICHAEL BARCHUCK individually and trading CIVIL ACTION - LAW as M R B PAINTING Defendant TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Please enter judgment in favor of Plaintiff and against Defendant(s) MICHAEL BARCHUCK individually and trading as M R B PAINTING, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiffs damages as follows: Amount claimed in Plaintiffs Complaint $4,170.90 Interest at the statutory rate of 6% per annum from May 21, 2008 $156.37 Total = $4,327.27 I hereby certify that a written Important Notice of the intent to file this Praecipe was mailed or delivered to the Defendant(s) and/or his/her Attorney of Record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe and a copy of the notice(s) is/ are attached. KODAK & .C. By Robert D. Kodak, Attorney for Plaintiff DATED: Judgment entered and damages assessed as above. d 6 ag? Aoon LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION Robert D. Kodak 407 NORTH FRONT STREET Gary J. Imblum POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 www.kodak-imblum.com December 12, 2008 MICHAEL BARCHUCK FIL 6407 CANNON DRIVE E MECHANICSBURG PA 17050 RE: Sherwin Williams Co. (Duron) VS: Michael Barchuck i/ a/ t/ a M R B Painting Our File No. 34626, 34627, 24628 No. 2008-06645 Civil, Court of Common Pleas Cumberland County, Pennsylvania Dear Mr. Barchuck: Telephone 717.238.7152 Facsimile 717.238.7158 CQV! In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, RDK/ bjh enclosure KODAK & IMBLUM, P.C. Robert D. Kodak robert.kodak@kodak-imblum.com THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. cc DINA FERRIS AG ADJUSTMENTS PO BOX 9090 MELVILLE NY 11747 871528 / 871776 / 871763 SHERWIN WILLIAMS CO successor by merger to Duron Paints & Wallcoverings and MAB Paints Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6645 CIVIL MICHAEL BARCHUCK individually and trading CIVIL ACTION - LAW as M R B PAINTING Defendant FILE COPY IMPORTANT NOTICE TO: MICHAEL BARCHUCK, Defendant(s) DATE OF NOTICE: December 12, 2008 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 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 TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION Robert D. Kodak 407 NORTH FRONT STREET Gary J. Imblum POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 www.kodak-imblum.com December 12, 2008 MICHAEL BARCHUCK IATA M R B PAINTING 6407 CANNON DRIVE MECHANICSBURG PA 17050 RE: Sherwin Williams Co. (Duron/ MAB) VS: Michael Barchuck i/ a/ t/ a M R B Painting Our File No. 34626, 34627, 34628 No. 2008-06645 Civil, Court of Common Pleas Cumberland County, Pennsylvania Dear Mr. Barchuck: Telephone 717.238.7152 Facsimile 717.238.7158 FILE COPY . In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, nor has any attorney entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County, Pennsylvania, to enter judgment against you in the amount as set forth in said Complaint. Very truly yours, RDK/bjh enclosure KODAK & IMBLUM, P.C. Robert D. Kodak robert.kodak@kodak-Imblum.com THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. cc DINA FERRIS AG ADJUSTMENTS PO BOX 9090 MELVILLE NY 11747 871528/ 871776/ 871763 SHERWIN WILLIAMS CO successor by merger : IN THE COURT OF COMMON PLEAS to Duron Paints & Wallcoverings and MAB Paints : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 08-6645 CIVIL MICHAEL BARCHUCK individually and trading CIVIL ACTION - LAW as M R B PAINTING FILE COPY Defendant IMPORTANT NOTICE TO: MICHAEL BARCHUCK i/ a/ t/ a M R B PAINTING, Defendant(s) DATE OF NOTICE: December 12, 2008 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 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 TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ?K ?.ra ' ?' ='°° SHERWIN WILLIAMS CO successor by merger : IN THE COURT OF COMMON PLEAS to Duron Paints & Wallcoverings and MAB Paints : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 08-6645 CIVIL MICHAEL BARCHUCK individually and trading : CIVIL ACTION - LAW as M R B PAINTING Defendant TO: MICHAEL BARCHUCK , Defendant(s) You are hereby notified that on JQ h _ 5 , 2000& the following (Judgment) has been entered against you in the above-captioned case. n Zwent entered in the amount of $4,327.27. DATE: othono I hereby certify that the name and address of the proper person(s) to receive this notice is: MICHAEL BARCHUCK 6407 CANNON DRIVE MECHANICSBURG PA 17050 SHERWIN WILLIAMS CO successor by merger : IN THE COURT OF COMMON PLEAS to Duron Paints & Wallcoverings and MAB Paints : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 08-6645 CIVIL MICHAEL BARCHUCK individually and trading : CIVIL ACTION - LAW as M R B PAINTING Defendant TO: MICHAEL BARCHUCK, t/a M R B PAINTING, Defendant(s) You are hereby notified that on -'iq.n 6 , 2001 the following (Judgment) has been entered against you in the above-captioned case. tuftment entered in the amount of $4.327.27, DATE: othonota I hereby certify that the name and address of the proper person(s) to receive this notice is: MICHAEL BARCHUCK '.. TA M R B PAINTING 6407 CANNON DRIVE MECHANICSBURG PA 17050 PRAECI PE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P. R. C. P. 3101 to 3149 SHERWIN WILLIAMS CO: successor by merger to DURON PAINTS & WALL COVERINGS and MAB PAINTS Plaintiff vs MICHAEL BARCHUCK individuall y and trading as M R B PAINTING 6407 CANNON DRIVE MECHANICSBURG PA 17050 Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Terra 20, No. 2008-6645 CIVIL TERM Term 2008 Amount due $ 4,327.27 Interest FROM DATE OF JUDG. 01105109 Atty's Comm. $ 216.36 and Costs TO BE DETERMINED$ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMMRLAND County, Pennsylvania; (2) against MICHAEL BARCHUCK INDIVIDUALLY AND TRADING AS M R B PAINTING Defendant (s) (3) and against Garnishee (s) (4) and index this writ (a) against MICHAEL BARCHUCK INDIVIDUALLY AND TRADING AS M R B PAINTING Defendant(s) and (b) against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS INCLUDING BUT NOT LIMITED TO FURNITURE, ELECTRONICS, APPLIANCES, SUPPLIES, TC., INSIDE OR OUTSIDE ON PROPERTY. (5) Exemption has (not) been waived. Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (711) 238-7159 Dated 03/02/09 Attorney For Plaintiff(s) J JV ? ? O 0 ty, N 1 M U O f'S H O a rt 7r W M M I O -1 i D D Sa ;R• pip 6` ??? 007 41?$ »<,. C,3 ? H i'C x, ? O C? LT! ro o m o 00 H 7H Ol ro n t? x a rt ti O H n C 0 y r x C7 cI Cn C'h n LJ Z O n ? y zA H In in `n N z ? ?o ? o 0D bd In 91 ti h Fl- ct z 0 H n N O NOTE Under paragraph (1) when the writ is directed to the sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph (3) (above should be completed only in a named garnishee is to be included in the writ). Paragraph (4) (a) should be completed only if indexing of the executions in the county of issurance, is desired as authorized by Rule 3104(a). When the writ issues to another county indexing is required as of course in that county by the prothonotary. See Rule 3104(b). Paragraph (4)(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6645 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SHERWIN WILLIAMS CO., successor by merger to DURON PAINTS & WALLCOVERINGS, Plaintiff (s) From MICHAEL BARCHUCK, individually and trading as M R B PAINTING, 6407 Cannon " Drive, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of above-listed defendant(s) at above-listed address including but not limited to furniture, electronics, appliances, supplies, etc., inside or outside on property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment 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 garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,327.27 Interest from date of Judgment 1/05/09 Atty's Comm $216.36 % Atty Paid $173.42 Plaintiff Paid Date: 3/03/09 L.L. $.50 Due Prothy $2.00 Other Costs C is . Lon , rotho otary (Seal) By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?4ti??ti?' ?t ?arrRirtxhd? d OP I_.?_- -?E"cRIGF /1 Y .?t i i.: 1 l 1.?1 ,1 Sherwin Williams Co. vs. Case Number Michael Barchuck (et al.) 2008-6645 SHERIFF'S RETURN OF SERVICE 03114/2009 09:50 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0950 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Michael Barchuck, by making known unto Michael Barchuck, at 6407 Cannon Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to attorney and letter mailed to defendant on 03-17-09. 03/14/2009 09:50 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 14, 2009 at 0950 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Michael Barchuck t/a M R B Painting, by making known unto Michael Barchuck, at 6407 Cannon Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard mailed to attorney and letter mailed to defendant on 03-17-09. 04/07/2009 08:40 PM - On April 8, 2009 at 2040 hours, Deputy Conklin posted the sale bill for this case at the property located at 6407 Cannon Drive, Mechanicsburg. A sale date has been set for Monday, June 1, 2009 at 1500 hours . A copy of the sale bill was mailed to attorney Kodak on 04-09-09. 04/08/2009 08:40 PM - On April 8, 2009 at 2040 hours, Deputy Conklin posted the sale bill for this case at the propert) located at 6407 Cannon Drive, Mechanicsburg. A sale date has been set for Monday, June 1, 2009 at 1500 hours. A copy of the sale bill was mailed to attorney Kodak on 04-09-09. 05/28/2009 Property sale postponed per request from Attorney Kodak. Requested we reset sale date. 06/02/2009 08:10 PM -Sale bill posted on 06-02-09 at 2005 hours by Deputy Hoover. Sale date set for Thursday, 07-09-09 at 1500 hours. Copy of sale bill mailed to Attorney Kodak. 06/02/2009 08:10 PM -Sale bill posted on 06-02-09 at 2005 hours by Deputy Hoover. Sale date set for Thursday, 07-09-09 at 1500 hours. Copy of sale bill mailed to Attorney Kodak. 04/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. Defendant entered into bankruptcy. SHERIFF COST: $ 156.86 SO ANSWERS, April 13, 2010 RON R ANDERSON, PHERIFF,,, f3 '' Sharon R. Lan z .. Cru:YvSuite 5eriff. Teieosoft. L?. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6645 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SHERWIN WILLIAMS CO., successor by merger to DURON PAINTS & WALLCOVERINGS, Plaintiff (s) From MICHAEL BARCHUCK, individually and trading as M R B PAINTING, 6407 Cannon Drive, Mechanicsburg, PA 17050 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of above-listed defendant(s) at above-listed address including but not limited to furniture, electronics, appliances, supplies, etc., inside or outside on property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment 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 garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,327.27 Interest from date of Judgment 1/05/09 Atty's Comm $216.36 % Any Paid $173.42 Plaintiff Paid Date: 3/03/09 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs Cur R. Long, P notary By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041