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HomeMy WebLinkAbout09-3047In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. : Plaintiff, No. QQ - 30V ?l Ut VS. SAINT ROSE ACADEMY, CIVIL TERM Defendant 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, 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, 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. IF YOU DO NOT HAVE A LAWYER CONTACT: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. VS. SAINT ROSE ACADEMY, Defendant CIVIL TERM COMPLAINT AND NOW, comes Plaintiff, COCCIARDI AND ASSOCIATES, INC., by and through its attorneys, Saidis, Flower & Lindsay and respectfully represents as follows: 1. Plaintiff, COCCIARDI AND ASSOCIATES, INC, is a Pennsylvania corporation with its offices located at 4 Kacey Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055-5596. 2. Defendant, SAINT ROSE ACADEMY, is a Pennsylvania Non-Profit Corporation licensed by the Commonwealth of Pennsylvania as a private school with a principal place of business of 1300 Old Plank Road, Mayfield, Lackawanna County, Pennsylvania 18433. 3. In July of 2006, Plaintiff and Defendant, through Vince Spaulding, entered into a verbal contract concerning an Environmental Site Assessment for the Lackawanna Heritage Valley Authority. 4. Plaintiff performed the requested professional services and forwarded an invoice to Defendant in the amount of $400.00 dated July 31, 2006. The invoice dated July 31, 2006, is attached hereto and incorporated herein as Exhibit "A". 5. Defendant has failed to pay the outstanding balance of $400.00. 6. Plaintiff and Defendant, through Vince Spaulding, entered into a written Contract dated March 29, 2007, concerning Plaintiff's professional services a copy of which is attached hereto and incorporated herein as Exhibit "B". 7. The Contract provides an estimated cost for the project of approximately $7,030.00. 8. Defendant accepted the terms of the Contract. 9. Plaintiff provided professional services to the Defendant as noted by the invoice dated April 19, 2007, a copy of which is attached hereto and incorporated herein as Exhibit "C". 10. The actual cost of the services rendered pursuant to the March 29, 2007, Contract was $7,750.00. 11. Despite repeated demands, Defendant has failed to pay the outstanding balance due. 12. Plaintiff and Defendant, through John Risboskin, entered a second written Contract dated May 16, 2007, and signed June 29, 2007, concerning Plaintiff's professional services a copy of which is attached hereto and incorporated herein as Exhibit "D." 13. The May 16, 2007, contract provided that services would not exceed $19,500.00. 14. Plaintiff provided professional services to Defendant as noted by the invoice dated November 30, 2007, a copy of which is attached hereto and incorporated herein as Exhibit "E". 15. The actual cost of the services rendered by Plaintiff pursuant to the May 16, 2007, Contract was $6,967.50. 16. Defendant has failed to pay the outstanding balance due. 17. Despite repeated demands, Defendant has breached all of the Contracts by failing to pay for the professional services provided by Plaintiff. 18. As of the filing of this Complaint, there is an outstanding principal balance due and owing to Plaintiff from Defendant of $15,117.50. 19. Payment was due by Defendant on all three Contracts at Plaintiff's office in Mechanicsburg, Pennsylvania 20. Both written Contracts provide that interest will accrue at the rate of 1 %2% per month after the first 30 days. 21. As of April 30, 2009, interest in the amount of $5,543.18 is due on the outstanding principal balance. See Statement dated April 30, 2009 which is attached hereto and incorporated herein as Exhibit "F". 22. Interest continues to accrue on the outstanding principal balance. 23. The amount in controversy is within the Cumberland County arbitration limits. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $15,117.50 plus interest. Respectfully submitted, SAIDIS, FLgWER & LINDSAY cJ ' I, - p By: Date ?e E. Re dreynos sfl-law.com Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 Phone (717) 737-3405 Fax (717) 737-3407 Cocciardi and Associates, Inc. Safety-Health-Environmental Education and Consulting 4 Kacey Court Mechanicsburg, PA 17055 (717) 766-4500 Fax (717) 766-3999 TO: Saint Rose Academy 1300 Old Plank Road Mayfield, PA 18433 INVOICE JOB NO: 06-8251 DATE: July 31, 2006 PO. CUSTOMER '. DATE DESCRIPTION UNrORICE' AMOUNT 7/31/06 Environmental Site Assessment Clarification for Lackawanna Heritage Valley Authority property located at 1300 Old Plank Road, Mayfield, PA. File Review and Documentation 1. Rocco DiPietro, SHE Professional (1.50 Hours) 1.50 hrs @ $100.00/hr $150.00 2. Joseph A. Cocciardi, Principal (1.00 Hour)) 1.00 hr @ $250.00/hr $250.00 COCCIARDI AND ASSOCIATES, INC. IS A QUALIFIED SMALL BUSINESS CONCERN AS DEFINED IN 4 PA CODE 2.32. FEDERAL I.D. #25-1684902 For your convenience we now accept Visa, MasterCard, SUBTOTAL $400.00 Discover, American Express and Diners Club SALES TAX SHIPPING & HANDLING International. TOTAL DUE ` 0;00 1.5% Fin. Charge added after 30 days Please reference Job # on your payment Make all checks payable to: Cocciardi and Associates, Inc. TSB.l?TH YOB FOR YOUR BUBZN>?BBS .._ 04/02/2007 12:36 FAX iaJ001 COCCIARD and Associates, Inc. Safety Health Environmental Consuldng and ?raining March 29, 2007 Mr. Vince Spaulding Treasurer Saint Rose Academy 1300 Old Plank Road Mayfield, PA I $433 RE: Proposal of Services. Environmental Soil Sampling and Laboratory Analysis Bid No. 07/107 Dear Mr. Spaulding: Thank you for your recent inquiry into environmental consultation services for your facility in Mayfield, Pennsylvania, Pursuant to fnformatksn provided during our recent phone conversation, Cocciarcil and Associates, Inc. (Cocciardl) Is pleased to provide you with the following scope of services and associated cost estimates. SCOPE OF SERVICES: Cocclardi will perform soft sampling fvio geoprobe methodologies) and associated analytical services for the property identified as 1300 Old Plank Road, Mayfield, Pennsylvania. The sampling plan and parameters have been previously designated by Saint Rose Academy'. A. Labor Safety, Wealth and Environmental Specialist Estimated 8 hours ® $85.00/hour = $480.00 Hips B. Equipment Geoprobe subsurface sgmpfing unit Puff Shti`t= $1,500.00 vfopS Photo-lonization Detector (PID) Full Shift Use= $50,00 JPS 1 It should be noted that Cocciardl cannot verify the previously designated sampling pion will meet requirements established by the U.S. Environmental Protection Agency (U5 EPA) and PA DEP. 4 Kacey Court • Mechanicsburg, PA 17055.5596 + (717) 766-4500 - T'AR (717) 766-3999 330 Montagc Mountain. Road, Suite 100 - VIoOlsic, PA 1.8507 0 (570) 963-0240 • Fax (570) 963-0242 04/02/2007 12:35 FAX [a 002 Mr. Vince Spaulding March 29, 2007 Page 2 C. Analytical Costs Analysis at a Pennsylvania Department of Environmental Protection (PA DEP) certified laboratory for the following constituents: benzene; toluene; ethyl benzene; naphthalene; cumene; phenanthrene; and fluorene. 72 samples at $400.00/sample - $4,800.00 WP3 (rush turnaround lime) Mr, Spaulding, I hope you find the above information helpful. If you have any additional questions, or would like to schedule any of these services, please feel free to contact me ot(570) 963-0240, Sincerely, 1 e..? Mfchaol Baltrusaftis Safety, Health, & Environmental Specialist Cocciard and Associates, Inc. if you agree with these terms and conditions, and wish to schedule these services, please sign below and return this proposal. This signed proposal will constitute a binding contract between both parties. Any changes, additions. stipulations or deletions, including corrective lining out by either party will not be considered agreed to or binding to the other unless such modlficaffons have been Initialed or otherwise approved In witting by the other. Please note, a finance charge of one and one-half (1.5) percent per month (annual rate of 18%) will be added to any account balance which remains outstanding for more than THIRTY (30) DAYS from the date balance is first invoiced. /14' .? Print Name -2C?5u?Tt ate Signafiure For invoicing, please supply company Purchase order, (3?} L Bid #07/107 Cocciardi and Associates, Inc. Safety-Health-Environmental Education and Consulting 4 Kacey Court Mechanicsburg, PA 17055 (717) 766-4500 Fax (717) 766-3999 TO: Saint Rose Academy 1300 Old Plank Road Mayfield, PA 18433 .. /.. 1,11 .n cnn"drlinn INVOICE JOB NO: 07-9115 DATE: April 19, 2007 P.O. CUSTOMER DATE DESCRIPTION UNIT PRICE AMOUNT 4/19/07 Subsurface soil sampling at the current LHVA/Saint Rose Academy site in Mayfield, PA, per sampling schedule set forth by Saint Rose Academy. •: Per Bid #071107 A. Labor Rocco DiPietro - SHE Professional 2.50 hours @ $ 250.00 o Report Revisions - 2.50 hours $100.00/hour Mike Baltrusaitis - SHE Specialist 10.00 hours @ $ 850.00 o On-site - 8.00 hours $85.00/hour o Report Revisions - 2.00 hours B. Equipment o Geoprobe - Full Shift $1,500.00 $1,500.00 o Photo Ionization Detector $ 50.00 $ 50.00 C. Analytical o Diesel/#2 Fuel Oil and Gasoline per EPA methods - 12 samples @ $5,100.00 Twelve (12) samples $425.00/sample COCCIARDI AND ASSOCIATES, INC. IS A QUALIFIED SMALL BUSINESS CONCERN AS DEFINED IN 4 PA CODE 2.32. FEDERAL I.D. #25-1684902 For your convenience we now accept Visa, MasterCard, SUBTOTAL $7,750.00 American Express and Diners Club SALES TAX Discover , SHIPPING & HANDLING International. TOTAL DUE 7;750.00 1.5% Fin. Charge added after 30 days Please reference Job # on your payment Make all checks payable to: Cocciardi and Associates, Inc. YOU FOR YOUR 3BU1331ffBi13t 1 FROM : FAX NO. Jul. 02 2007 10:37AM P2 COCCIARD and Associates, Inc. Safety • Health • Envirbtlmental Consulting and Trairling May 16, 2007 Mr, vlnce Spaulding i? Treasurer L v Saint Rote Academy 1300 Old Plank Road cad Mayfield, P A 18433 C\ t RE: Proposal of Services: Phase 11 Environmental Site Assessment Bid No. 07/148 Deor Mr. Spaulding: 'shank you for your recent inquiry into environmental consultation services for your fociilty in Mayfield, Pennsylvania. This proposal has been' provided at the request of Saint Rose Academy to address flndings Identified during the limited son sampling event conducted by Cocclardi and Anoclates, Inc, (Coccrarc* in April 2007. Analytical results of a soil sample collected on the western protrerfy border identified the presence of the diesel fuel constituent phenanthrene albeit below estWished environmental criteria. VTK*11?1?1*i4 . Provision for a Phase 11 Environmental Site Assessment (ESA), -including invasive sampling. In general accordanC6 with recommended pracedim outlined In the Amorlew Society for Testing and MOM64l6 (ASTM) Standit E 1903-97 "Standard Guide for Environmental Site Assessments: Phase 11 Environmental Site Assessment Process"_ The Phase II ESA is gmtted to the confirmation or negation of the potential soil contamination of diesel fuel consiltuents identified in the above-referenced sampling avant a9nducted by Cocciordl. The proposed sampling area Is designated as the northwest portion of the property. Delineation of contaminated medio will be provided, where applicable. Cocciardi will utffze field and laboratory analysis under the scope of this Investigation. Laboratory analysis of soil and groundwater (where appiledble) samgies,1hill include diesel fuel/fuel oil #2 parameters identified by the Pennsylvania Department of Environmental Protection (PA. DEP), in . acavrdance with opptcabie analytical methods established by the U.S. Environmental Protection Agency (US EPA). Results of the Phase 11 ESA will be compared to applicable standards, including criteria established by PA DEP Act if requitements codified in Title 25 PA Code Chapter 250. Following recelpt of scruple results, Cocciardi will prepare a final report summarizing orr site activities, findings and recommendations as they relate to potential Phase III remedial actlymes. 4 Kam Court • Mechanicsburs, PA 17035-5596 • (71.1) 766-4500 • FAX (717) 766-3999 330 Montage Mountain Road, Suite 100 4 Moosi.c. PA 28507 - (570) 963-0240 • Fax (570) 963.0242 FROM FAX NO. Jul. 02 2007 10:3eAM P3 Mr. Vince Spalding May 76, 200 Page 2 MM_A'f'!A C2M5 Estirnoted costs include sompling pion development, labor (Safety Health and 21100nmental Spect allsts and Environmental %xicologist), equipmorrt (Gevfxobe, photo 10nizati0n Detector, sampling moterials, etc.) and analytical services for up to two"(2) sampling events (Le. fwo days onsite). It is estimated that approximately ten (70) to fourteen (14) samples will be collected per sampling event. Not to Exceed: $19,s.oo Please note that the invasive nature of this investigation may result in damage to site property (i.e. geoprobe activities in paved parking areas). if requested, damages to site property may be limited (limitations to results of the Phase 11 ESA will apply). Additionally, it v4ll be the responsibility of Saint Rose Academy to Coordinate w fh local Offles through the Pennsylvania One-Call system for demarcation of underground utility components a minimum of threes (3) days prior to aw act)vities. W. Spaulding, I hope you find the dove information helpful. If you have any additional questions, or ;Quid Ole to schedule any of these services, please feel frees to contact me of 1574) 963-0240. . Sincerely, 7" . S. ?,,..` i R?o?ccco DiPiestro, CSP Scfefy, Health, & Environmental professional Coccidrd and Associates, Inc. . If you 0"a with these terms and conditions, and wish to schedule these services, pleases sign below and return this proposal. -This signed proposal mAn constitutes a binding contract between both parties.. Any chonggs, additions, stipulafons or deletions, including corrective lining out by either party win not be considered agreed to or bincling to the other unless such modficotions have been initiated or otherwise approved in writing by the other. Please note, a finance charge of one and one-half (1.5) percent per month (annual rote of 18%) will be added to any account balance which remains outstanding for more than THIRTY (30) DAYS from the date balance Is tfrst Invoiced. 64"i t['?6aA)?? , 4 !k - --V-f- L Print Name Dote Signoture For invoicing, pleases supply Company Purchase order. b' Bid 007/148 Cocciardi and Associates, Inc. Safety-Health-Environmental Education and Consulting 4 Kacey Court Mechanicsburg, PA 17055 (717) 766-4500 Fax (717) 766-3999 TO: Saint Rose Academy 1300 Old Plank Road Mayfield, PA 18433 / • Mr Vince S aulding INVOICE JOB NO: 07-9240 DATE: November 30, 2007 c o. p P.O. # CUSTOMER # 1912 DATE DESCRIPTION UNIT PRICE AMOUNT 1 1 /30/07 Limited Phase II Environmental Site Assessment at 1300 Old Plank Road located in Mayfield, PA. As per signed bid #071148 dated May 16, 2007 Labor 1. Michael Baltrusaitis - SHE Specialist 14.50 hrs @ $85.00/hour $1,232.50 Sample Plan Development - 4.50 hours Preparation & Onsite Activities - 10.00 hours 2. Dominick DeFazio - SHE Specialist 9.00 hrs @ $85.00/hour $765.00 Preparation & Onsite Activities - 9.00 hours 3. Colette Kutch - SHE Technologist 3.00 hrs @ $65.00/hour $195.00 Onsite Activities - 3.00 hours 4. Rocco DiPietro - Senior Professional 2.00 hrs @ $125.00/hour $250.00 • Sample Plan Development - 2.00 hours Analytical 1. Diesel Fuel and No. 2 Fuel Oil Constituents Nine (9) samples 9 @ $325.00/sample $2,925.00 Equipment 1. Geoprobe Contractor, Full Shift & Mobilization $1,500.00 $1,500.00 2. Photo Ionization Detector (PID) $50.00 $50.00 3. Disposable (sample jars, screening containers, $50.00 $50.00 towels, decontamination equipment, etc.) COCCIARDI AND ASSOCIATES, INC. IS A QUALIFIED SMALL BUSINESS CONCERN AS DEFINED IN 4 PA CODE 2.32. FEDERAL I.D. #25-1684902 For your convenience we now accept Visa, MasterCard, SUBTOTAL $6,967.50 Discover, American Express and Diners Club SALES TAX SHIPPING & HANDLING International. TOTAL DUE 6 967.50 1.5% Fin. Charge added after 30 days Please reference Job # on your payment Make all checks payable to: Cocciardi and Associates, Inc. YOU FOR YOUR 3113 U6Z wminaI Joseph A. Cocciardi & Associates, Inc. 4 Kacey Court Mechanicsburg, PA 17055 To: Mr. Vincent Spaulding Saint Rose Academy 1300 Old Plank Road Mayfield, PA 18433 Statement Date 4/30/2009 Amount Due Amount Enc. $20,660.68 Date Transaction Amount Balance 07/31/2006 INV #JAC - 6539.Orig. Amount $400.00. 400.00 400.00 04/19/2007 INV #JAC - 6540.Orig. Amount $7,750.00. 7,750.00 8,150.00 11/30/2007 INV #JAC - 6541.Orig. Amount $6,967.50. 6,967.50 15,117.50 12/31/2007 INV #FC 20.Orig. Amount $1,193.61. Finance Charge 1,193.61 16,311.11 01/31/2008 INV #FC 76.Orig. Amount $249.37. Finance Charge 249.37 16,560.48 02/29/2008 INV #FC 103.Orig. Amount $233.27. Finance Charge 233.27 16,793.75 03/31/2008 INV #FC 134.Orig. Amount $256.75. Finance Charge 256.75 17,050.50 04/30/2008 INV #FC 159.Orig. Amount $248.46. Finance Charge 248.46 17,298.96 05/31/2008 INV #FC 184.Orig. Amount $264.48. Finance Charge 264.48 17,563.44 06/30/2008 INV #FC 209.Orig. Amount $255.94. Finance Charge 255.94 17,819.38 07/31/2008 INV #FC 232. Orig. Amount $272.43. Finance Charge 272.43 18,091.81 08/31/2008 INV #FC 254.Orig. Amount $276.59. Finance Charge 276.59 18,368.40 09/30/2008 INV #FC 275.Orig. Amount $267.67. Finance Charge 267.67 18,636.07 10/31/2008 INV #FC 297.Orig. Amount $284.91. Finance Charge 284.91 18,920.98 11/30/2008 INV #FC 316.Orig. Amount $275.72. Finance Charge 275.72 19,196.70 12/31/2008 INV #FC 334.Orig. Amount $293.49. Finance Charge 293.49 19,490.19 01/31/2009 INV #FC 349.Orig. Amount $297.98. Finance Charge 297.98 19,788.17 02/28/2009 INV #FC 364. Orig. Amount $269.11. Finance Charge 269.11 20,057.28 03/31/2009 INV #FC 374.Orig. Amount $306.65. Finance Charge 306.65 20,363.93 04/30/2009 WV #FC 377.Orig. Amount $296.75. Finance Charge 296.75 20,660.68 CURRENT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 296.75 306.65 0.00 567.09 19,490.19 $20,660.68 VERIFICATION I, Joseph Cocciardi hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to autholti 4 r Dated: 2009' Joseph occiardi Cocci i & Associates, Inc. Q!E;- MAY Q 2099 MAY 13 PPS 1: 2: ?tcL A?? v7S.S6 eK6 so39i p -A- ,22 567z, Sheriffs Office of Cumberland County R Thomas Kline ??prtr at cumber Edward L Schorpp Sheriff ?? Solicitor 7 1 i of , 4?2'?t Ronny R Anderson Jody S Smith Chief Deputy FCE GF -,HE s!eERIFF Civil Process Sergeant Cocciardi & Associates, Inc. vs. Saint Rose Academy Case Number 2009-3047 SHERIFF'S RETURN OF SERVICE 05/14/2009 R. Thomas Kline, Sheriff who being duly swom according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Saint Rose Academy, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Lackawanna County, PA to serve the within Complaint anc Notice according to law. 06/09/2009 12:35 PM - Lackawanna County Return: And now June 9, 2009 at 1235 hour I, John Szymanski, Sheriff of Lackawanna County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Saint Rose Academy by making known unto Ralph Imbalzano, building manager at 1300 Old Plank Road Mayfield, PA 18433 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 June 17, 2009 SO ANSWERS, 7d r R OMAS KLI , SHERIFF © C7 i -i a+ SHERIFF'S RETURN - REGULAR CASE NO: 2009-00267 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA COCCIARDI AND ASSO;'. INC. VS SAINT ROSE ACADEMY ROBERT HINES Deputy Sheriff of Lackawanna County County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT SAINT ROSE ACADEMY was served upon the DEFENDANT , at 0012:35 Hour, on the 9th day of June , 2009 at '1300 OLD PLANK RD. MAYFIELD, PA by handing to RALPH IMBALZANO (BLDG. MANAGER a true and attested copy of COMPLAINT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service l . 00 Affidavit .00 Surcharge .00 I .00 .00 Sworn and Subscribed to before me this l day of A.D. So Answers: Jo Szymanski, Sheriff Deputy Sheriff 00/00/0000 ryV IARIAL SEAL- BRENDA R. GOOSLEY Notary pubga MCvv?M.a t0_ A na C.. In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 09-3047 VS. SAINT ROSE ACADEMY, Defendant CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT TO THE PROTHONOTARY: Please enter judgment of default in favor of Cocciardi and Associates, Inc. and against Defendant Saint Rose Academy for its failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Saint Rose Academy was served with the Complaint on or about June 9, 2009 and its answer was due to be filed on or about June 29, 2009. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to Defendant Saint Rose Academy at its last known address of 1300 Old Plank Road, Mayfield, PA 18433 on June 30, 2009, which is at least ten (10) days prior to the filing of this Praecipe. Please assess damages as follows: Amount of Judgment $20,660.68 DAMAGES ASSESSED AS ABOVE: PROTHONOTARY SAIDIS & LINDSAY BY: D n ynosa, Esq ire dreynosa@sfl-law.com Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 Phone (717) 737-3405 Fax (717) 737-3407 JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN ALBERT H. MASLAND DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS JASON E. KELSO LAW OFFICES .AIDIS, FLOWER & LINT AY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 EMAIL: dreynosa@sfl-law.com www.sfl-law.com June 30, 2009 Saint Rose Academy c/o John Risboskin 1300 Old Plank Road Mayfield, PA 18433 Re: Cocciardi & Associates, Inc. v. Saint Rose Academy No. 09-3047 To Whom It May Concern: CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL Please review the enclosed Important Ten Day Notice regarding the above-referenced Claim. Very truly yours, SAIDIK,WLOWER & LINDSAY Dean E. DER/yms enclosure cc: client PLAINTIFF'S EXAIBIT ??r" xF,F!Gr r In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 09-3047 VS. SAINT ROSE ACADEMY, CIVIL TERM Defendant TO: Saint Rose Academy c/o John Risboskin 1300 Old Plank Road Mayfield, PA 18433 DATE OF NOTICE: June 30, 2009 IMPORTANT TEN DAY NOTICE 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 (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 32 SOUTH BEDFORD STREET, CARLISLE PA 17013 800-990-9108 Respectfully 4S, tted, SAIDI R & LINDSA-V By: dfeynosa@sfl-law.cof Attorney I.D. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 Phone (717) 737-3405 Fax (717) 737-3407 ntv?nd b ? C7 ? v ? ? w OM 2°y 2 E d ~' a -c ~C-) COO C) o ?'. 110 o -04 h oo b? `D y o a 00 o Eg I ?-... ...x.? HA` PLER R a o _ o o ° 10 CD US P03TAGEJ CERTIFICATE OF SERVICE AND NOW, July ?3-' 2009, I, Dean E. Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Saint Rose Academy c/o John Risboskin 1300 Old Plank Road Mayfield, PA 18433 20 9 S-1 13 NCB 8: 'h am - Soy (9 R? ?a?8Sal rr11 NO`kCa.? ??IQ?-?? In the Court of Common Pleas of Cumberland County, Pennsylvania COCCIARDI AND ASSOCIATES, INC. Plaintiff, No. 09-3047 VS. SAINT ROSE ACADEMY, CIVIL TERM Defendant NOTICE OF JUDGMENT BY DEFAULT AGAINST DEFENDANT SAINT ROSE ACADEMY Pursuant to Pa. R.C.P. 236, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against Defendant Saint Rose Academy in the above proceeding. k0LTH0kNq=0UT-! July 2009 rJKl3 If you have any questions concerning this Notice, please contact Attorney Dean E. Reynosa, with the law firm of Saidis, Flower & Lindsay, Attorney for Plaintiff, (717) 737-3405.