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HomeMy WebLinkAbout09-3226W % COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS 09-3-04 JUDICIAL DISTRICT Cumberland NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 0 7- 3.21 / elv `I NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the Dis- trict Justice on the date and in the case mentioned below. NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. "1%? %JL=LIV iuv-J-V4 - lnomas a. rlaceY ADDRESS OF APPELLANT CITY STATE ZIP CODE 6499 Carlisle Pike, Shoppes at Silver Spring Mechanicsburg PA 17050 4-21-09 Interriors CLAIM NO. CV YEAR CV-0000043-09 LT YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. na re o or vWuly vs. If alpellant wasLClai W (see PA-V.-C.P.J.P. N6. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon Monarch Interiors , appellee( );to file a C? Name of appellee(s) (Common Pleas No. / ` C? within twenty (20) days after service of rule r? ? // / J RULE: To Monarch Interiors , appellee(s) Name of appellee(s) in this appeal K?.u y'7z; 3 k-+ (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date ofservice of this rule if service was by mail is the date of the mailing. Date: 144-1 Year U / /ar? Signature of Prothonotary or D&W White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 00, -+ PROOF OF I M OF NO" OF APPEAL AND RULE TO I "CO[MtPLANT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby swear or affirm that I served E] a copy of the Notice of Appeal, Common Pleas No. upon the District Justice designated therein on (date of service) , year , Oby parsonat service (eertiliso (registered) mail, sender's reoW attached hereto, and upon the appellee, (name , on , year , E] by personal service Q by (certified) (registered) mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on , year ? by personal service Oby (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF , YEAR Sonahue of olRaiW before whom affidavit was made Tide of of ial My commission expires on , year Lf s l_?, , fit .7? 1 (7 CV LLJ ?-- ?r I? ll._ r a" C=' N Signature OfAffl nt -,?--- r)1-7- a3g _ &SID COMMONWEALTH OF PENNSYLVANIA rani 1NTV nc• C11111inlizzloll ID Mag. DW. No.: 09-3-04 IrDJ Name: Mon. TSOK&B A. PLACST Mars: 104 B BPOATING SILL PD ZscaAf6ICBHVa, PA Towwo: (717) 761-9230 17050 XRXC CaMSO 6499 CA=LIBLZ PIN! BiHOPPlB AT SILVER SPRING 1ftSCXMCM=G, PA 17050 wdvva NOTICE OJUDGC N /TRANSCRIPT CIVIL PLARMFF: NAME and ADDRENS riwawaaaavo m9=1OSB 2030 ALPBA CT KMZIK, PA 17545 VS. DEFENDANT: NAME and ADMOB - amo, URIC rc 6499 CALLIBL= PIZ! IMOPPSB AT MILT= BPSIlC LKICKMCBRUR,O, PA 17050 J Docket No.: CV-0000043-09 Date Filed: 1/20/09 THIS IS TO NOTIFY YOU THAT: DEFAX" © Judgment was entered for: (Name) MOM1CS I5R! 10", © Judgment was entered against: (Name) C:M1 ZRIC S In the amount of $ 7, Vv e R Defendants are jointly and severally liable. Damages will be assessed on Date & Time This case dismissed without prejudice. Amount of Judgment Subject to Attachmentt42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease S Amount of Judgment Judgment Costs interest on Judgment Attorney Fees Total $ . vvl $ • $ 7,659.50 $ Certmed Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY RUNG A NOTICE OF APPEAL WITH THE PROTNONOTARYICLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANBCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE AMOBO T MAY FILE "-' A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. 9 Date ,14a gister:al edge I certify that this is tract copy of e"_-C-0RI"8 edings containing thiiljog< orft. Date; Mag*o it blstrlct,iasdge My commission expires first Monday of January, 2010 SEAL enor..z? ?.m A PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF+ ; ss AFFIDAVIT: I hereby swear or affirm that I served r-?fa copy of the Notice of Appeal, Common Pleas No. 09-322& -C111/1 / , upon the District Justice designated therein on 13 (date of service) m0-4.I 40 , year caOO , ?by personal service (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name "1d'Y%0LQCh :u / L 10 Ls , on year _0, ? by personal service LAY (certified) (registered) mail, sender's receipt attached hereto. 51/and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ? %A year s?OO [] by personal service (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THI 9 DAY Or-? YEAR Signature of offfrc l whom aWavit was made TRIO of official My commission expires on , year } EXHIBIT `A' Y ¦ Complete INtns 1, 2, arid & Also complaft Item 4 If Rnbicted Delivery is desired. ¦ Print your rmm and address kxt the so that we can mtu m the card to you. ¦ Attach this card to the book of the rn90pie0` or on the front If space pertnRs. 1. Article Aftemed to. a? v IAA /76W A.M a 13 Agerd x 0 Adore B. C. Daft & DO D. Is delivery acidity dkrmt from Item 1? K YES, enter delivery address below: & Smrbs lyps Grow dm Md 13 Bp m mail f] PA&Imrsd ZrFWU m Rsosipt for Mwdmdss f] kwaed Maf 13 MO.D. 4. Restricted DeNvsry Oft Fes/ C3 Am 2. atlae.wumbar 7008 0500 0001 44 (Ma? Wfieeia rv?csNbsfL ML Fortm 3811, ;;;; y 200+1 Dorm.etlo ftb= 06000 1c25MM4 2-W15W O LO Ir °' 0FF1 ..0 S Poetepe $ Certllled Fee C Rom ReoNpt Fee O (ErMonsrrrnt RequNedl Q pAwWW Delivery Fes O (EMN"Mod RSgWf" u1 Totd Postage 3 Fees $ O M y? C Iy Y r- i orPOOmNa ¦ CompMo Norris 1, 2, and & Atso =Mkft Rem 4 M Restricbsd Da ivy W desksd. f] AWt ¦ Prkt your Hama and address on the reverse 0 Addressee so that we con retum the card to you. IL gVeNed by (ft.V A" C. Data of DWVWY ¦ Attach NO card m the back of the mailpW^ or on the front M specs perfn ta. D. M ddwry ad*m ffmad from Rom 1? 0 Y" 1. ArtieN Addressed to: It YES, enter d*my addross bdow: ? No /Q 7 ? I F /C5? CwYMd bW O B pm ma O RaC1 - I J2,Fbtum RsoNpR forr Mwdw x In krel..d moo v co m. P 4. ReYbmd D~pUtra FM+ o YM 2. Ardcle Number 7008 0500 0001 4446 9943 (na?wlr ArMrr aMhettr Mb? _ i PS Form 3811, FeWu y 2004 Domme RoRetum Ric 10 1025e54¢4A-1540 m Q' tr C)FF T CIAL U SE ? Pore?pe s ?TA HAR'Q © i S cefow Fee ? C3 F ciao ?ra.vwr. e? o ti , M Pg Ka u7 TOW Ponep. A F• $ 0 ITWktat or PO 10 y _ • ._ i 1l L FILI(OF THE PP 'u JU -3 "1 1 \J ?. 4 z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MONARCH ENTERPRISE, INC. DB/A MONARCH INTERIORS Plaintiff : vs. No. 09-3226 ERIC CREMO Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally to 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 j dgment may be entered against you by the Court without further notice for any money d aimed in the Complaint or for any other claim, or relief requested by the Plaintiff. You m y 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 OUR WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (800)990-9108 (717)249-3166 GINGRICH, SMITH KLINGENSMITH & DOLAN By: T as G. ingensmi , Esq ire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW MONARCH ENTERPRISE, INC. DB/A MONARCH INTERIORS Plaintiff VS. ERIC CREMO No. 09-3226 Defendant COMPLAINT 1. Plaintiff, Monarch Enterprise, Inc. d/b/a Monarch Interiors, is a corporation organized and existing under the laws of the Commonwealth of Penns; its principle office located at 2030 Alpha Court, Manheim, Pennsylvania, 17545. VANIA Pennsylvania 4vania having 2. Defendant, Eric Cremo, is an adult individual who resides at 6499 Carlisle Pike, Shoppes at Silver Spring, Mechanicsburg, Pennsylvania 17050. 3. On or about December 30, 2007, the Plaintiff submitted to proposal for the construction and installation of vinyl covered fencing in acc proposal which is attached as Exhibit "A" and incorporated herein by reference. 4. Said proposal was accepted by the Defendant herein. 5. All work was completed in accordance with the proposal, attached as Exhibit "A", and an invoice was forwarded to the Defendant on or 2008 in the amount of $9,200.00. Attached as Exhibit "B" and incorporated h is a copy of the invoice. 6. In accordance with the terms of the proposal and invoice, the D pay the outstanding balance due within sixty (60) days of the date of submission. Defendant a once with the ch has been it February 4, by reference was to 7. The Defendant defaulted under the terms and conditions of the prop sal in that he failed to make timely payments when due and, in fact, submitted numerous bad checks to the Plaintiff herein as evidenced by the invoice dated 5/7/2008 which is attached as E? hibit "C" and incorporated herein by reference. 8. A detailed breakdown of payments and credits is attached as Ex bit "D" and incorporated herein by reference. 9. As of the date of the filing of this complaint, the total outstanding balance due is $7,291.33 as evidenced by the detailed breakdown of the account which is attached as Exhibit "D" and incorporated herein by reference. 10. In addition, this matter was originally filed in the District Justice f Thomas A. Placey in Mechanicsburg, Pennsylvania and judgment costs in the amount of $159.50 were incurred. WHEREFORE, the Plaintiff demands judgment against the Defendant in he amount of $7,291.33, plus all costs. GINGRICH, SMITH, KLINGENSMITH I& DOLAN By: Thomas G. K$n$nsmi Attorney for P ntiff 45 East Orange Street Lancaster, PA 17602 (717)393-3684 I.D. #23239 May 29 09 02:46p Monarch Enterprise Inc 81/15/2088 18:81 7179446112 7176651040 p.7 RAUDEMNJSH ENGINEERI I'A(*- U2 Ale Wtcl i COMW Aaron Camara, President 2030 Alpha CT Nuftim, PA 1,7022 Ph 7174MMI-375b F" 717-OW-INN December 30, 2007 Attn: Eric, Revised JAY$ i, Thank you for the opportunity to bid this project, Below I ham Included a of work. Please feel *" to contact me d rectly with any questions. Scope of Work • Provide two 16 inch diameter concrete piers three foot deep and one foot from e existing concrete slab. • Fasten one six inch dia. bollard on each new pier. (2 total) • Provide (2) 6 inch die. Four foot high bollards, concrete filled, for each dumpatar. bollard vase to top of existing 6 inch slab. (8 total) • Install vinyl covered I Ina wire crivacv fence db OR. hinh f inial If A.S. I • Install four St. high entry gates and hardware Proposed Tobi: 591200AD N%w Thousa ! undned Dollars and No Cents Tw• We approo your time in reviewing our proposal We wish to continue and working together with you. Thank you for your Respectfidly Submitted, I Aaron Carrara ?l?iSr tgw ? wMr? 'AOb .i? scope of Fasten cield 0*--..rr 00, SI&W EXHIBIT 1A it i May 29 09 02:47p Monarch Enterprise Inc Monarch Interiors V2030 Alpha Court Manheim, PA 1T545 WWWANACROW oa BIN To r- Eric Creamo Item Fence i 7176651040 p.8 Invoice D Invoice # 2/4/2 8 1437 Description Project Fence Terms Net 60 Amount 9,200.00 Thank you for your boshwa! Total $9,200.00 Phone # Fax # E-man7 PayrnentslCrre its $DAD 7174808-3750 717-665-1040 jlc®mowmhc ntcrpriwimmnc* Balance dV' 59,200.00 EXHIBIT May 29 09 02:47p Monarch Enterprise Inc Monarch Interiors 2030 Alpha Court Manheirn, PA 17545 ?t...? Bill To Eric Crcarno Metro Crew & Sons 463 Church St Minersville, PA 17954 7176651040 p.9 Invoice Da Invoice sm 08 1 s04 IN THE EVENT OF A PAYMENT DEFA T, WE WILL CIIARGE 1.5% INTEREST MONTHLY, WHICH WILL BE ADDED TO THE PRINCIPAL BALANCE OWING, TOGETMER WrM COLLECTION FEES, INCLUDNG ACTUAL ATTORNEY'S FEES AND COS UNTIL PA111). Pmjed Terms Fence Due on receipt nun Description Amount Bad Check Check #13820 Returned by bank 5-7-08 725.00 Bad Check Check #13822 Returned by bank 5-7-08 700.00 Bad Check Check #13823 Returned by bank 5-7-08 700.00 Bad Check Check #13824 Returned by bank 5-7-08 700.00 Bad Check Check #13825 Returned by bank 5-7-08 700.00 Bad Check Check # 13826 Returned by bank 5-7-08 700.00 Bad Check Check #13827 Returned by bank 5-7,08 2,500.00 Bad Check Check #13828 Returned by bank 5-7-08 2,000-00 Bad Check Chg $25.00 x 8 200.00 Total Phone # 717-808-3750 Fax # E-mail 717-665-1040 j1c@moaarchcntorpr1scinc.net $8,925.00 Paymentalcred is $-225.00 Balance Due $8,700.00 EXHIBIT May 29 09 02:45p Monarch Enterprise Inc / \ M??nurr?h Fntnrnriwa Anw 7176651040 p.4 Statement ( ) \ / 2030 Alpha Court U Mas heim, PA 17545 1>sie awra. unoo9 To: dfyau would Mw W unke a paymeni using your aeditldebit card, fill l t th ll i f i f p caxc ou ng e o ow a . Enc Ovemo VISA MC Aiaeover Mctro Cremo dt. Sons 463 Church St Payment Amount S Minersvllle, PA 17954 Card No. lixp. ! Amount Due Amount Enc. 57,291.33 Date Transaction Amount Balance 02103/2008 Rshmm Forward MOO 02/04/2008 INV 01437. Due 07JO412W8. 9,225.00 9,225.00 -- Paws 59,200.00 - tin Chg $25.00 --- $ -g - This invoice has bean se,LL ror c:ollec6ows 5-9-08. 0429/2008 PMT -9,225.00 0.00 05107!2008 1NV #1504. Due 05/07f2008. :. 8,923.Q0 81925.00 - Bad Chcc- $725.00 - Had (Nrk $700.00 - Bad Chock 5700.00 -13aci Chock $700.00 -- Bad Chock 5700.00 - kh)d Check $700.00 - Had Cliecl; 2500.00 - Bad Chef 52,000.01} -- Bad C2w& Chg 5200.00 05!21/2008 INV#1505. Due 051212008. 25.00 8,95000 - Wim Nee $25.00 0522!2008 PMT -250.00 8,700.00 06Kl V"S INV 01510. Duc 06Jr)fr"g. 25.00 8.725.00 - Wire Fcc $25.00 06Wv1200R PMT -300.00 8.425.00 06107/2008 INV 11V 1. Duc 06!07/2008. 128.80 8,553.80 Pinonac Chm-ro -1-in Chg $128.80 - Invoice # 1504 fix 8,425.00 an 05/07/2008 06J27r708 1NV 41529- Duo 06127/2008. 25.00 8,57R"RO --- Wire Fee 525.00 06/2712008 PMT -275.00 8.303.80 CURRENT 1-30 DAYS PAST 31-G0 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 0.00 106.73 96.40 106.73 6,981A7 $7,291.33 Pag el EXHIBIT ? 1, May 29 09 02:45p Monarch Enterprise Inc / \ Mnn9w.6 14'n0tarnri?_ Ynr_ 7176651040 p.5 Statement 2030 Alpha Court Manheim, PA 17545 ?? s lWairde/rire?e 17noo9 To: if you would Him to nuke a PirvAnen using Y-r ="dchit card, f ll i l fin th i o ng p cam out e ow . Foie Ct o NSA MC Discover Metro Cremo & SorE 463 Church St Payroenl Amount S Mhu n-Alle. PA 17954 Card Flo.. Exp. / Signalarc ... . Amount Due Amount Enc. $7,291.33 Date Transaction Am0urd Balance 07/07/2008 INV #FC 7. Due 074077/20118. 122.85 8,471..65 Finance Cluvge -- Fin Chg 6122.85 - Invoice #1504 for 8.303.80 on 05/07!2008 08107/20118 INV OC 10. Due 0810?120118. 126.95 8,553.60 rinanec Charge -1ml3i;S126.95 - Invoice #1504 Sor 8,303.80 on 05/0712008 08/087 1108 1N1/ #1552. Due 08i08MKIR_ 25.00 9,579.60 - Wirc Fox 525.00 081082008 N141'1' -275-M 8,303.60 KIOM 08 1NV #PC 27. Duc 09/0712008. 126.44 8.43051 F%anoe Charge - % Chg $126.94 -- Invoice #15041br x,303.60 on 05/07/208 101072008 IN V #FC 28. Thu 10/07:2008. 122.85 8.553.39 - Pm C7hg 5122.85 - Invnioc #1504 for 8.303.60 on 05/0712W8 I 11072008 ENV OFC 31. Due 11/O7.7M. 12694 8,68033 Finance Charge - Fin C3tg S 126.94 - Invoice # 130=1 for 8,303.60 on 0510712008 11/7.412008 pM f -250.W 8,,43033 124512008 PMT -250.00 8,180.33 12/07/7008 1NV #PC 34. Doc 12111743008. 121.02 8,30133 Finumx Charge - Fin Chg 8121.02 - Invoice #1504 for $18&33 on 05/0712008 01/07ON INV#1,'C 35. Due 0(7200 105.12 $406.47 Finance Charge -Fin Chg $105.12 --- Envuice 41504 tar kV6.35 on 05707/20118 0123/2009 PMT -1,425.00 6,981.47 CURI2I=NT 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PASTOUC 0.00 106.73 96.40 106.73 6.981.47 $7,291.33 Pag e 2 May 29 09 02:46p Monarch Enterprise Inc 7176651040 p.6 . A -Monarch Enterprise. Inc. Statement V 2030 Alpha Court Manbeim, PA 17545 a? ? E D n7l2009 To: If you would Mw W make s psymeni usung roar crcdittdcbk card, r ll k h f ll i ' i P we out t e o ow ng a: Die Cteamo VISA A MC MEX Discover Metm Cnxw &: Sons . - 463 Church St Paymait Amount S Mincasville, PA 17954 Curd No. Exp. ! Signature _ Amount Due Amount Enc. $7,291.33 Date Transaction i Amount Balance 02107/2009 MV $FC 37. Due 02/0712009. I 106.73 7,06820 Fiaaooc Charge - Fin Chg $106.73 - Invoice 4 1504 for6,981.47 on 05!07, 2008 03107/2009 EW #FC 42. Due 03/07x2009. 96.40 7,184.60 Phum a Charge - Fin Chg $96.40 - Invoice # 1504 for 6,981.47 on 051117!2006 04/07/2009 INV #PC 44. Duc 04107.2009. I D6.73 7.29133 Finance Charge - Fin Chg $106.73 -- Invoice # 1304 for 6.981.47 on 05107!2008 i i CURRENT 1,30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST] OVER90 DAYS Due Amount DUE DUE DUE f PAST DUE 0.00 106.73 96.40 106.73 6.981.47 57,291.33 Page 3 i I 1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF LANCASTER ) JENNIFER CAMARA, being duly sworn according to law, deposes and s? Vice President of Monarch Enterprise, inc. d/b/a Monarch Interiors, and that she is make this Affidavit on its behalf, that the facts set forth in the foregoing Complai true and correct to the best of her knowledge, information and belief. Camara Sworn and subscribed to before me this 94A- day of JLtJL k- , 2009. oolioNwEA?TM OF PENNSYLVANIA N06WW Sod Kim L Gama n. Notary PubAc My Cortan*3W Expires .,NxWZ0, 2009 Notary Public that she is thorized to at Law are RLEr -?: fI ': r TAp OF THE Rn"Y" 'e 2069 JUri I I PH I: ; 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI CIVIL ACTION - LAW MONARCH INTERIORS Plaintiff ORIGI VS. No. 09-3226 ERIC CREMO Defendant CERTIFICATE OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith, & certify that on June 10, 2009, I served a true and correct copy of the foregoing Comply the following person and in the following manner. Service by First Class to: Eric Cremo 6499 Carlisle Pike Shoppes at Silver Spring Mechanicsburg, PA 17050 GINGRICH, SMIT By: Tfi&&- s G. K 'ngeismith, Attorney for Pl 'miff Dolan, hereby int at law upon & DOLAN Dated: June 10, 2009 ` • - 1 John M. Smith Thomas G. Klingensmith Kevin D. Dolan Jeffrey S. Shank Julie M. Cooper Henry F. Gingrich (1952-2001) ? 222 South Market Street Suite 201 P. O. Box 267 Elizabethtown, PA 17022 Phone (717) 367-1370 Fax (717) 367-3219 45 East Orange Street Lancaster, PA 17602 Phone (717) 393-3684 Fax (717) 393-0653 Web Site WWW.GSKDLAW.COM E-mail gskd@gskdlaw.com aIMrsauw June 10, 2009 Eric Cremo 6499 Carlisle Pike Shoppes at Silver Spring Mechanicsburg, PA 17050 Re: Monarch Interiors v. Eric Cremo Case No. 09-3226 Dear Mr. Cremo: Enclosed please find a copy of a Complaint at Law that has Prothonotary of Cumberland County this date for filing. Sincerely, GINGRI? CH, SMITH, KLINGENSMITH & DOLAN I, Thomas; G. Klingensmith TGK/klg Enclosure forwarded to the BLED-OffNCE OF THc PP7 THONtOTARY 2609 JUN I 1 PM 1= 11 PENNSYEVAINIA Robert E. Chernicoff, Esquire PA Supreme Court ID # 23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MONARCH INTERIORS, Plaintiff, CIVIL ACTION - LAW No. 99' 01- 3a ? vs. ERIC CREMOS SHOPPES AT SILVER SPRINGS, Defendant. NOTICE OF STAY NOTICE IS HEREBY GIVEN that Shoppes at Silver Springs, above-named Defendant, has filed a Petition under Chapter 11 of the United States Bankruptcy Code to Case No. 1-09- 04454 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, Date: June 10, 2009 I.D. #23380 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Robert E. Chernicoff, Esquire PA Supreme Court ID # CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN14SYLVANIA MONARCH INTERIORS, CIVIL ACTION - LAW Plaintiff, No.' Vs. ERIC CREMOS SHOPPES AT SILVER SPRINGS, Defendant. CERTIFICATE OF SERVICE I, Melissa S. Feliksik, do hereby certify that a true and correct copy of the 140TICE OF STAY was sent by first class mail, postage prepaid on this day to the following: Monarch Interiors 2030 Alpha Court Manheim, PA 17545 Respectfully submitted, CUNNINGHAM & CHERNWOFF, P.C. Date: June 10, 2009 By Melis S. Feliksik, Paralegal 2 FILED-?);TIGE OF THE PO7Pn N"JrARY 2009 JUN 12 PM 2: 3 5) MONARCH ENTERPRISE, INC. d/b/a MONARCH INTERIORS, Plaintiff V. ERIC CREMO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-3226 ANSWER TO COMPLAINT AND NEW MATTER AND NOW COMES, the Defendant, Eric Cremo, by and through his counsel, Cunningham & Chernicoff, P.C, and submits his Answer to Plaintiffs Complaint and New Matter as follows: 1. Admitted upon belief. 2. Denied. The address listed in Plaintiffs Complaint is a place of business. By way of further answer, the proper address of Defendant, Eric Cremo, is 463 Church Street, Minersville, Pennsylvania 17954. 3. Denied. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. By way of further answer, it is specifically denied that the alleged proposal was submitted to Eric Cremo in his individual capacity. As noted by the proposal, attached by Plaintiff as Exhibit "A", the proposal is addressed "For: Eric Cremo Shoppes at Silver Spring". 4. Denied. It is specifically denied that Defendant accepted any proposal in his individual capacity. Defendant accepted the invoice in his official capacity as a member of Shoppes at Silver Spring, LLP or on behalf of Metro Cremo, Inc., to whom the invoices are addressed, the party for which the work was completed. Metro Cremo, Inc. is a corporation in which Defendant is a shareholder. By way of further answer, the Shoppes at Silver Spring, LLP has filed a Petition under Chapter I 1 of the United States Bankruptcy Code in the United States Bankruptcy Court in the Middle District to Case Number 1-09-04454, thus staying any litigation against it. Metro Cremo has had an Involuntary Petition filed against it in the same Court, which results in a stay being imposed. 5. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. By way of further answer, it is specifically denied that any invoices were forwarded to Defendant in his individual capacity. All work completed on the property was completed at the request of and the benefit for Shoppes at Silver Springs, LLP. 6. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. By way of further answer, it is specifically denied that any invoices were forwarded to Defendant in his individual capacity. All work completed on the property was completed at the request of and the benefit for Shoppes at Silver Springs, LLP. 7. This allegation is a conclusion of law to which no response is required. To the extent that a response is judicially deemed to be required, it is specifically denied. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. By way of further answer, it is specifically denied that any invoices were forwarded to Defendant in his individual capacity. All work completed on the property was completed at the request of and the benefit for Shoppes at Silver Springs, LLP. 8. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. By way of further answer, it is specifically denied that any invoices were forwarded to Defendant in his individual capacity. All work completed on the property was completed at the request of and the benefit for Shoppes at Silver Springs, LLP. 9. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. By way of further answer, it is specifically denied that any invoices were forwarded to Defendant in his individual capacity. All work completed on the property was completed at the request of and the benefit for Shoppes at Silver Springs, LLP. 10. Admitted. WHEREFORE, Defendant, Eric Cremo, hereby respectfully requests this Honorable Court dismiss Plaintiffs Complaint with prejudice and grant Defendant such further relief as is just and proper. NEW MATTER 11. Defendant hereby incorporates Paragraphs 1 through 10 as if fully set forth herein 12. Shoppes at Silver Spring, LLP is a limited liability partnership. 13. Mr. Cremo is a limited partner in the Shoppes at Silver Spring, LLP. 14. The Shoppes at Silver Spring, LP has filed a Petition under Chapter 11 of the United States Bankruptcy Code to case number 1-09-04454. 15. The vinyl fencing that is the subject of the Complaint was installed at the Shoppes at Silver Spring, LLP, 6499 Carlisle Pike, Shoppes at Silver Spring, Mechanicsburg, Pennsylvania 17050. 16. All monies alleged to be due and owing to Monarch, would be due and owing from Shoppes at Silver Spring, LP. 17. Defendant, Mr. Cremo, did not enter into any agreement in his individual capacity with Plaintiff. WHEREFORE, Defendant, Eric Cremo, hereby respectfully requests this Honorable Court dismiss Plaintiff s Complaint with prejudice and grant Defendant such further relief as is just and proper. Respectfully submitted, Date: July 10, 2009 Attorney I.D. #23380 Kelly M. Knight, Esquir Attorney I.D. #87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 CUNNINGHAM & CHERNICOFF, P.C. 07/10/2009 04:25 FAX 570 544 4099 METRO.CREMOS X1002 VERIFICATION L Eric Cremo, verify that the statements made in the foregoing ANSWER TO COMPLAINT AND NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. By: Eric Cremo Date: - ?? CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C., certify a true and correct copy of the ANSWER TO COMPLAINT AND NEW MATTER will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 CUNNINGHAM & CHERNICOFF, P.C. Date: July 10, 2009 Julieanne Ametrano FI If +- C , OF pjE: ZOC JUL. 10 Ei i 10": 41