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Home My WebLink About04-2515IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Capital Credit Corp., Civil Action-Breach Of Contract PLAINTIFF vs. Civil Action Number Qy-.2VS (20-CC-Ts. Canaan Auto Sales, and Hayward Stark, Individually 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 (20) twenty 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 cliams 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 ntoice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Capital Credit Corp. , Civil Action-Breach Of Contract PLAINTIFF VS. Canaan Auto Sales, and Hayward Stark, Individually DEFENDANT Aviso Civil Action Number Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas singuientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia escrita o en persona o con un abogado y entregar a 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 continuar la demanda en contraa suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LAS OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Capital Credit Corp. , Civil Action-Breach Of Contract PLAINTIFF VS. Civil Action Number ON- 0.C1,T 0, C;tl,r- f Canaan Auto Sales, and Hayward Stark, Individually DEFENDANT COMPLAINT 1. Plaintiff Capital Credit Corp, is a Corporatin which is organized within the Commonwealth of Pennsylvania and whose principle place of business is located at 1100 York Street, PO Box 1211, Mechanicsburg, PA. 17055. 2. Defendant, is Canaan Auto Sales, located at 4314 Old York Road Philadelphia PA and owned by Hayward Stark, who is located at 2160 North Grange St. Philadelphia, PA. 19138. 3. Defendant to this action, Canaan Auto Sales signed Security Agreement with attached Guaranty and Promissory Note (See Exhibit "A" attached hereto) on May 15`h, 2003 wherein defendant established a line of credit with plaintiff in the amount of $25,000.00 dollars the amount of which would entitle defendant to purchase from Capital Credit Corporation the monetary equivilent of this amount in the form of vehicles. 4. Defendant has received the monetary equivilent of vehicles received from Capital Credit Corp. (see Exhibit "B" attached hereto) and has breached the repayment obligation with Capital Credit Corp. pursuant to the Security Agreement and attached Guaranty and Promissory Note executed by defendant's on May 15`h, 2003. 5. Defendant currently owes to plaintiff the amount of twenty six thousand dollars $26,000.00 dollars due to the breach of the repayment oblligation as set forth within the aforementioned paragraphs. 6. Plaintiff placing reliance on the contract, proceeded to perform the services for which he was initially retained, and completed the same in a timely effective, and efficient manner. 7. Defendant, heretofore has willfully and deliberately refused to pay to plaintiff the amount of twenty six thousand dollars $26,000.00 dollars for which he owes for the monetary value of the vehicles received from the plaintiff. COUNTI BREACH OF CONTRACT 8. The aforementioned facts, statements, and averments contained in paragraphs 1 thru 7 are incorporated herein by reference thereto. 9. Defendant has breached a contract with plaintiff, the acceptance of which was evidenced by his retention of plaintiff for the sole and exclusive purpose of procuring vehilces from plaintiff for the underlying purpose of reselling the same to the general public. 10. Plaintiff relying upon the defendant's, promise to pay for the value of such vehicles allowed defendant to take possession of said vehicles pursuant to his line of credit and obligation to repay the monetary equivilent of the vehiiles received from plaintiff. 11. Plaintiff subsequent to completion of the services for which he was contracted, has heretofore not been compensated by the defendant pursuant to the terns, conditions, and covenants contained within the Security Agreement and attached Guanty and Promissory Note excuted by defendant. 12. Defendant, is indebted to plaintiff for the reasonable value of services rendered. WHEREFORE, plaintiff demands judgment in the amount of $26,000.00 (dollars) together with costs, expenses, and attorneys fees. WHEREFORE, plaintiff demands judgment in the amount of $ 26,000.00 (dollars) together with costs, expenses, and attorneys fees. Dated: v/r1 ?Itv? GREGORY S. HAZLETT Ae az uir e v for P aintiff 7,VVest Main Street Mechanicsburg, PA. 17055 (717) 790-5500 VERIFICATION I verify that the aforementioned information is true, correct and accurate to the best of my information, knowledge and belief subject to the penalties for unworn falsification of authorities pursuant to 18 Pa C.S. 4904. Date: 30 d U. P qJoh Congdon, P tiff Vice President 7V ? j n ; ?c ? C(/) OF CUM IN THE COURT OF COMMO H OF PENNSYLB AERLA NIAND COUNTY, COMMONWEA -Breach of Contract Civil Action Capital Credit Corp-, PLAINTIFF Civil Action Number 2004-2515 VS. Canaan Auto Sales, and Hayward Stark, individually PRAECIPE TO RE-INSTATE CIVIL COMINT To the Prothonotary: d the Civil Action relative Please Reinstate the aforementione parties, Date: 7/5/2004 7 Yest Main Stfeet ..r_-u.,..:rchurfl. PA. 17055 717-790-5500 Atty. I.D. 69528 C-) N ?-ry ?y l T!r_? - C ffl? T:s t L .f ? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL CREDIT CORP VS CANAAN AUTO SALES ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CANAAN AUTO SALES but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 17th , 2004 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Philadelphia Co. 152.00 .00 189.00 08/17/2004 GREGORY HAZLETT Sworn and subscribed to before me this J/k- day of o2WY A.D. Q Prothonotary' So answe Thomas Kline Sheriff of Cumberland County SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-02515 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAPITAL CREDIT CORP VS CANAAN AUTO SALES ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STARK HAYWARD but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PHILADELPHIA County, Pennsylvania, to serve the within COMPLAINT & NOTICE On August 17th , 2004 , this office was in receipt of the attached return from PHILADELPHIA Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 08/17/2004 GREGORY HAZLETT Sworn and subscribed to before me this 31.,aA- day of rwF o2(yoY A. D. a?. Prothonotary ' So answe R Thomas Kline Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania o.-Capital Credit Corp, vs. Canaan Auto Sales et'al SERVE; Canaan Auto Sales N 04-2515 civil No. Now, July 13, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 1ppe Sberiff of Cumberland County, PA Affidavit of Service . Now, A i 11 17 tic U S'1' S , 20-qLat )° 2-? o'clock PM. served the within Co M upon C lk N A A n,? A v t o SA I leg at 43 )9 CI I? Yoe L AJ, by handing to {- A-yL Ae S I r-1 Q iC a copy of the original Co to ®1Ar +-' and made known to ?E'F A T the contents thereof. So answers, heri4Fe#Q( SF1ZV ?? County, PA COSTS Sworn and subscribed before SERVICE $ me this day of Cc cj u'7 20 0 MILEAGE a [WorqWwr A FFIDAVIT M16YVL`Y} A'NIA HIA ALTI I Arc. NOXIAL SEAL $ MELISSA H. KAPLAN, Notary Public City Of Philadelphia Phila. County My , II-ISSlo0_EXpires March 29, 2008 In The Court of Common Pleas of Cumberland County, Pennsylvania r Capital Credit Corp ' Vs. Canaan Auto Sales et al SERVE: Hayward Stark No 04-2515 civil No. Now, July 13, 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Philadelphia County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. a Sberiff of Cumberland County, PA Affidavit of Service . Now, lJ v,g`r 3Th 'Pee Sat,-j al II within co t-\ ? I P f k1 upon -- -- l W 12 - -&7q Q I<::- P-? at q 31 y 614 Yoe L by handing to a and made known to , 20P1, at 1, 2.$ o'clock P M. served the copy of the original CO' P /.a r^ 7- J - Per-- jA NJ- the contents thereof. So answers, -sheeif411p- P (VT S?&4 County, PA phl h . COSTS Sworn and subscribed before / SERVICE $ me this day of 20 ` t MILEAGE (//??? AFFIDAVIT S°r IH OF PE PJGYL`,\v./... "TAPoALSEAL I $ MELISSA H. KAPLAN, Notary Public City of Philadelphia, Phila. County _ ,Cq.1Tnission Expires March 29, 2008 Curtis R. Long Prothonotary (Office of the i9rotbonotarp 01 Cumberfalab QCountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY