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HomeMy WebLinkAbout10-3185Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. SUSQUEHANNA VALLEY HEATING & COOLING, INC. Defendant f ....,,~. 'y/ t X4„'"4. c ! "-~ -•-r~ 1 ., 1`, ,c 2pid ~1HY 1. ~ AM it3~ 'l~ & FALLEI~~~r~`~~"~~I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 3 ~ 85 CIVIL TERM 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 or by attorney and filing in writing with the court your defenses or obj ections 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~ga.oo Pp A`rrty c~.~ aas~a ~# ayao5/ F:\FILES\Clients\11470 Memberslst\FILES\Current\106 Susquehanna Heating & Cooling\11470.106.coml.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1sT FEDERAL CREDIT UNION, Plaintiff v. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - CNIL TERM SUSQUEHANNA VALLEY HEATING & COOLING, INC. Defendant COMPLAINT Plaintiff MEMBERS 1St FEDERAL CREDIT UNION, by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby files this Complaint against SUSQUEHANNA VALLEY HEATING & COOLING, INC., and :in support thereof, avers the following: 1. Plaintiff, Members 1St Federal Credit Union, ("Plaintiff') is a federally chartered credit union located at 5000 Louise Drive, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Susquehanna Valley Heating & Cooling, Inc. ("Defendant"), is a Pennsylvania corporation with a registered address of 4109 Gettysburg Road #3, Camp Hill, Pennsylvania. 3. On or about July 24, 2007, Defendant completed an application with Plaintiff to obtain a Visa business credit card. A true and correct copy of a portion of the application is attached hereto and incorporated as Exhibit "A." 4. On or about July 31, 2007, Defendant entered into a Corporate Resolution to Borrow/Grant Collateral from Plaintiff. A true and correct of the Corporate Resolution is attached hereto and incorporated as Exhibit "B." 5. The Corporate Resolution states that the principal is $20,0(10.00. 6. Plaintiff issued a Visa business credit card to Defendant. Count I -Breach of Contract 7. Paragraphs 1 through 6 are incorporated herein by reference. 8. As part of its agreement with Plaintiff, Defendant agreed to pay the balance on the Visa business credit card. 9. As of August 2008, the unpaid, overdue balance on Defendant's Visa business credit card was $23,193.79. 10. As of the date of this Complaint, the entire balance remains unpaid. 11. Plaintiff has requested payment of the balance. 12. Defendant has failed and refused to pay the balance. WHEREFORE, Plaintiff demands j udgment against Defendant in the amount of $23,193.79, plus interest, costs of suit, attorneys' fees, and any other relief that this Court deems appropriate. Count II -Unjust Enrichment 13. Paragraphs 1 through 12 are incorporated herein by reference. 14. Defendant has received a financial benefit in the amount of ;23,193.79 from the use of the Visa business credit card issued by Plaintiff. 15. Defendant has accepted and retained benefits from the use oi~the Visa business credit card issued by Plaintiff without payment to Plaintiff. 16. It was and continues to be inequitable and unjust for Defendant to receive benefits from the use of the Visa credit card without payment to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $23,193.79, plus interest, costs of suit, attorneys' fees, and any other relief that this Court deems appropriate. Respectfully submitted, Date: ~-~~- `~ MARTSON LAW OFFICES C/j'-~ r~r'~ ~' ~'L~ By: Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" " ~,L-20-2007 07 ; 28 PM ,~77t~~,A ,~1 Y ~ SUIt .. ~Q. ._.. ~1~ ,~4~0- grnum~,A l nAtt _ ~-•••.... qsl~ r OMPAi~Y DATA Ic~.w PrNQ ~~ 70 ..~ dWNER'S D_A7A r1Mw:+v+~u+4 •.P, 02/03 ~~ M~~~~.~ J~,~ RCEN7 C3INIVED ADDRESS ~ .. .. CITI'fSTATElZIP FIhtANC1AL INF017MATION -l~ SO Y UMBER J,~ERCE OWNEp r~` _ •r~ ~ ~~~r l] 90LE PROPl~IETORSHIPlPARTNERSHIP O UMITEA PARTNERSH~ILLC VICE-PRESIdENT 'fREA9t?RER W SEC~~fARY La ~~ b MC, PAYMENT RATE COU,ATERAL T ~ PAYMENT T9 WMCM BAIMICE X10. PAYR~ENI RATE COIUQERAI CARpB 7©BE- SSUED TQ: ~iN ~~~ q~ 98 4F TATEME:NT DEPARTMENT ! CARD LWtT /- fe T °a• G t~ 2. /~' _ 3._ ~.. -,, ~~~_~_. __._._. 4.... .. .` ..~_... _. ,.. ~~ -- 1.. .~. ._ ..._.~~_ ...z-~~ B. - .~_.. The following Karns may be neadsd to proness your appilcatlon: 'total CrsdR L(mit Re Bated _dd • Year-ta•data Income Stahx-rerrt ' 2 yoara Businoss F(nanciaf $tehme~tta ar 78x Ritums • Bushels Eden hee • 2 ears Personal Tax Retuma oP An Owners Ratsanst hinanciaf Slatemente oI Al! Owner - CRECIT DISCLGISUR!^ BUSiNE83 V19Ap CAi~ Awlauat PERCENTAGE RATE i"APR's 1 The Annual Patconteps Rate as of this prht;np is ~~~~ ~-'~' ~~/a a sue s caRaoE2ATloa , JUL~-20-200? 01;26 PM' .~-. . he faliowing Items mey bw, needed to Year•trrdete 4ncorne 6tatarneM r,,.~'~ . ~w _,..~.- .r en h...n.w your appltcatiorr; Z years Buskrasa Finanast Staternente ar 7ax Returns pn,•tnnal Finsnrlil Atarar~rd~ nrAll [~vnere P. 03/03 r~ Requested s_. Bt,slness Bt~ance Sheet L roa~a r wwnu~ . - - - CRf=01T CISCI"aSURE ~iq • C BUSINESS V13A A ARMURL Pl:ttCEN?AriE RA'tL ("APR') ~~ ~~ ~~ ,,~~ The Annuet Percentage Rata ae of thk prinDr>g is ~~«ae'd"l0 ~"~' z d Tot Purchases ApR Olh ~.~~~ BelenoeTraneterA?R`~~~~7~ ~~ ~~~ s br , ~ ~'~ / ~' : Cash Advance APR Yariafiie Rate Information `the APR for purdmaea, oestt'advenrea and balapce iransters may very. The rate for purdtasRe, sash advances and halarxq tranatars is detennlrted for~ach bOlirg pertad by adding S.Da% To ire highest prkne Rate reported In The WaY &reet Joumai art the lest business day of the previous calendar quarter. Tips rate Wray change quartery and wu to execittre the first calendar day of the first cycle In each calndar quertel Balance Calculation Method Average oetiy Batanoa ~indudinp new purchases} far Purchases Annual pee Nona Brace P'ar'lod fqr Repayment Nat lase then 25 days of the B~alanc~ for Purahasea Cash Advano>t Ft» Trsnaaatlan Foe, an4 t]vsr~it»It Fes Late Fro 1. Cath Adrante Fea -Nona Z. Trensactiort Fes (tor purchases) -None , 3. Late Fes -$34.00 ~, pverlimii Fee • ~~ 5.0C At the data this application was prhttsd (shown in the lower ti t•hand Corner-this Bidet fire Infomation Nstsd above was a«xtra~. Because rates and terms are subject to change, you may Contact us for tho current infomla~vn by wrking to the business address shown on the reverse side. Tl'~ above incarnation la iven fo obteln pprivileges, t {we) heroby authorize the obtaining of Information oonc9rnf~g any statement made herein and, I {we) ners s it b antl d a at l h ld IT3bie A t Si Vi ld ' C ~ y an sep r y . er greemen e J e e g t3A arciho arms of the spree to be bound by the A t? ea. 07 -• P ~ ,Oats Joint•;-ppllcant'r Signature ~ Date Guarantor's Signature ~ µ bate - ~rantor'e 81gttAture Dato Fgaal CredhO~wrtunky Ast The Federal Equal Credit Opporiuniy Act prohibAS cndilors from disorim~nllktq an the bask of sextrrnradlai stahq. The Fedeal aipenoy ahioh adminbien tawnpNanco wish thk law corKercdnp this AssacFation b the Federal Ftpme Laen BWrtk 6need. (1} Pk+ eppprsnt may be denied aedi; on eaaount of the appACer:rs Sex a nexkll statue. (2} The epplbent mey raqueet tl•.a neton ku rajagtbe ui Ms or her apptica9on of eM4l. (3} Mo psrton need reapply far credit Betsy beoeuw ai o dtang. ~ mrrital stela has dueea detarkration fn the perrm'a flnanoidl poehiar. (A) A peroaf rnoy havvo audit to any name parmHted by IeNr that he a the regulany case aid is peroerely known by, ao kxg es no fraud k intended IherebK v~Na~ w EXHIBIT "B" CORPORATE R~,•.;DLUTION TO BORROW / GF•~ UT COLLATERAL I~ References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular Icon or item. Any item above containing "• •'" has been omitted due to text length limftationa. lender: Members tat Federal Cradle Union Corporation: Susquehanna Valley Heating & Cooling ATTN: Smai! Business Lending Po Box 496 5000 Louise Drive New Cumberland, PA 17070 Mechanicsburg, PA 17056 I, THE UNDERSIGNED, DO HEREBY CERTIFY THAT; THE CORPORATION'S EXISTENCE. The complete and correct name of the Corporation Is Susquehanna Valfey Hearing & Cooling ("Corporation"). Tha Corporation is a corporation for profit which is, and at all times shall be, duly organized, validly existing, and in good standing under and by virtue of the laws of the Commonwealth of Pennsylvania. The Corporation is duly authorized to transact business in all other states in which the Corporation is doing business, having obtained all necessary filings, governmental licensee and approvals for each state in which the Corporation is doing business. Specifically, the Corporation is, and at all times shall be, duly qualified as a foreign corporation in all states in which the failure to so qualify would have a material adverse effect on its business or financial condition. The Corporation has the full power and authority to own its properties and Lo transact Lhe business in which It la presently engaged or presently proposes to engage. The Corporation maintains an office at Po Box 498 ,New Cumberland, PA 17070. Unless the Corporation has deaigneted otherwise in writing,_the principal office is the office at which the Corporation keeps its books and records. The Corporation will notify Lender prior to any change in the location of The Corporation's state of organization ar any change in The Corporation's name. The Corporation shall do all things necessary to . preserve end to keep in full force and effect its existence, rights and privileges, and shall comply with all regulations, rules, ordinances, statutes, orders and decrees of any governmental or quasi-govammantai authority or court applicable to the Corporation and The Corporation's business activities. RESOLUTIONS ADOPTED. At a meeting of the Directors of the Corporation, or if the Corporation is a close corporation having no Board of Directors then et a meeting of the Corporation's ahareholdera, duly celled and held on July 31, 2007, at which a quorum wee present and • voting, or by other duly authorized action in lieu of a meeting, the resolutions set forth in this Resolution ware adopted. OFFICER. The foAowing Hamad person la en officer of Susquehanna Valley Heating & Cooling: NAMES TITLES AUTHORIZED SI RES Steven R. Seibert Y <a,#vt"'>:::<:; • ^ ~{"~ ACTIONS AUTHORIZED. The authorized person listed above may enter Into any agreements of any nature with Lender, end those agr will bind the Corporation. Specifically, but without limitation, the authorized person Is authorized, empowered, and directed to do the following for and on behalf of the Corporation: Borrow Money. To borrow, as a cosigner or otherwise, from time to time from Lender, on such terms as may be agreed upon between. the Corporation and Lender, such sum or sums of money ea in his or her judgment should be borrowed, without limitation. Execute Notes. To execute and deliver to Lender the promissory note or noise, or other evidence of the Corporation's credit accommodations, on Lender's forms, at such rates of Interest and on such terms as may be agreed upon, evidencing the sums of money so borrowed or any of the Corporation's indebtedness. to Lender, and also to execute and deliver to Lender one or more renewals, extensions, modifications, refinanc(nga, consolidations, or subatltutions for one or more of the notes, any portion of the notes, or any other evidence of credit accommodations. Grant Security. To mortgage, pledge, transfer, endorse, hypothecate, or otherwise encumber and deliver to Lender any property now'or hereafter belonging to the Corporation or in which the Corporation now or hereafter may have an interest, including without limitation all of the Corporation's real property and all of the Corporation's personal property (tangible or intangiblel, as securityfor the payment of any . loans or credit accommodations so obtained, any promissory notes so executed (including any amendments to or modifications, renewals, and extensions of such promissory notes), or any other or further indebtedness of the Corporation to Lender at any time owing, however the same may be evidenced, Such property may be mortgaged, pledged, transferred, endorsed, hypothecated or encumbered at the lima such loans are obtained or such indebtedness is incurred, or at any otFier time or times, and may be either in addition to or in Ileu of any . property theretofore mortgaged, pledged, transferred, endorsed, hypothecated or encumbered. Execute Security Documents. To execute and deliver to Lender the forms of mortgage, deed of trust, pledge agreement, hypothecation agreement, and other security agreements and financing statements which Lender may require and which shall evidence the terms end conditions under and pursuant to which such liana and encumbrances, or any of them, era given; end also to execute and deliver to Lender any other written instruments, any chattel paper, or any other collateral, of any kind or nature, which Lander may deem necessary or proper in connection with or pertaining to the giving of the liens end encumbrances. Negotiate Items. To draw, endorse, end discount with Lender all drafts, trade ecceptancea, promissory notes, or other evidences of indebtedness payable to or belonging to the Corporation or In which the Corporation may have en interest, end either to receive cash for the same or to cause such proceeds to be credited to the Corporation's account with Lender, or to cause such other disposition of the proceeds derived therefrom as he or she may deem advisable. Further Acts. In the case of lines of credit, to designate additional or alternate individuals as being authorized to request adyences under such lines, and in all cases, to do and perform such other acts and things, to pay any and ail fees and coats, and to execute and deiiver such other documents end agreements, including agreements requiring disputes with Lander to bs submitted to binding arbkradon for final resolution, waiving the right to a trial by jury end confessing judgment against the Corporation, as the officer may in his or her discretion deem reasonably necessary ar proper in order to carry Into effect the provisions of this Resolution. ASSUMED BUSINESS NAMES. The Corporation has filed or recorded all documents or filings required by law relating to all assumed business names used by the Corporation. Excluding the name of the Corporation, the following is a complete list of all assumed business nemea under which the Corporation does business: None. NOTICES TO LENDER. The Corporation will promptly notify Lender in writing at Lender's address shown above (or such other addresses as Lender may designate from time to time! prior to any (A) change in the Corporation's name; (B) change in the Corporation's assumed business namelsl; (C) change in the management of the Corporation; (D) change in the authorized signer(sl; (E) change in the Corporation's principal office address; (F) change in the Corporation's state of organization; (G) conversion of the Corporation to a new or different type of business entity; or lHl change in any other aspect of the Corporation that directly or Indirectly relates to any agreements between the CORPORATE, _~ rSOLUTION TO BORROW 1 GRAI !COLLATERAL Loan No: 272717-visa ~ (Continued) Page 2 Corporation end Lender. No change in the Corporatlon's name or state of organization will take effect until after Lender has received notice. CERTIFICATION CONCERNING OFFICERS AND RESOLUTIONS. The officer named above is duly elected, appointed, or employed by or far the Corporation, as the case may be, and occupies the position set opposite his or her respective name. This Resolution now elands of record on the books of the Corporation, is in full force and effect, end hsa not been modltied or revoked In any manner whatsoever. NO CORPORATE SEAL. The Corporation has no corporate seal, and therefore, no seal is affixed to this Resolution. CONTINUING VALIDITY. Any and a!I acts authorized pursuant to this Resolution and performed prior to the passage of this Resolution are hereby ratified and approved. This Resolution shall be continuing, shall remain In full force and effect and Lender may rely on it until written notice of its revocation shell have been delivered to end received by Lender et Lender's address shown above (or such addressee ea Lender may designate from time to time). Any such notice shall not affect any of the Corporation's agreements or commitments fn effect at the time notice is given. IN TESTIMONY WHEREOF, I have hereunto set my hand and attest that the signature sst opposite the name listed above is his or her genuine signature. I have read all the provisions of this Resolution, end 1 peroonaliy end on behalf of the Corporation certify that all statements and representations made in this Resolution are true and correot. This Corporate Resolution to Borrow /Grant Collateral is dated July 31, 2007. THIS RESOLUTION IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS RESOLUTION IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. CERTIFIED TO AND ATTESTED BY: ... .,. .::. • :,••.. }'•.?,):.. •:.>~:. eel R. Sei NOTE: If the oMar dyYna th4 Raolutlon Is dssgnet~d by tM foropolrp documuK u orn of the oMlcen euthorizW to yet on the Corpontlon's bMNT, R to bvis~bl~ to hw~ thb Rnolutlan slpn~d by st I~at orn non-wtharlsod offle~r of the Corpmstlon. usu na ~w v«. ~.u.oaaa e.r.. N.r~ M..w aw+.~., r., nn. lam. w IY~o ~.wwL • r- c:~corr,Q~wucmwe,a.rc rn ~a, n-u VERIFICATION I, Dan Summers, Collection Manager for Members 1st Federal Credit Union, acknowledge I have the authority to execute this Verification on behalf of Members 15` Federal Credit Union and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. MEMBERS l ST FEDERAL CREDIT UNION Dan Summers, Collection Manager ~~, ~ r Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT : IN THE COURT OF COMMON PLEAS OF UNION, :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2010 - 3185 CIVIL TERM SUSQUEHANNA VALLEY HEATING & COOLING, INC. Defendant TO: SUSQUEHANNA VALLEY HEATING & COOLING, INC., DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of , 2010, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $23,193.79, along with interest, additional costs, late fees and attorney fees as prayed for in the Complaint for failure to file an Answer to Plaintiff's Complaint. Date: 7~~//tp ~ Prothonotary I hereby certify that the name and address of the proper persons to receive this notice under Pa. R. Civ. P. 236 are: Susquehanna Valley Heating & Cooling, Inc. 313 Ross Avenue New Cumberland, PA 17070 F:\PILES\Clients\11470 Memberalst\FILES\CurreM\106 Susquehanna Heating & Cooling\I1470.106.pra.defauh Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff C:~° ~~ -r~ c.-: ~~.~ 4 ~ ~,. .F :. ~' r:(. ~4 CJ ~~ ~.,_ ~,~° 1__ -t~, _„. N cn ..~ .'+`Y ~_ -.-, r~ -~; -~. `, ~'.`E °: MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. SUSQUEHANNA VALLEY HEATING & COOLING, INC. Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 3185 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant in the amount of $23,193.79, along with interest, additional costs, late fees and attorney fees as prayed for in the Complaint, for failure to file an Answer to Plaintiff s Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on July 1, 2010, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES Dated: 7 - Zo - / n gy. ~~,~,.~G Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~~ ~a~~y ~r~~~i F:\FILES\Clients\11470 Memberslst\F(LFS\Current\106 Susquehanna Heating & Cooling\I t470.106.lOdaynotia Christopher E. Rice, Esquire Attorney LD. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1ST FEDERAL CREDIT UNION, Plaintiff v. SUSQUEHANNA VALLEY HEATING & COOLING, INC. Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 3185 CIVIL TERM IMPORTANT NOTICE TO: SUSQUEHANNA VALLEY HEATING & DATE OF NOTICE: July 1, 2010 COOLING, INC. 313 Ross Avenue, New Cumberland, PA 17070 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 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By ~ ~ s. f2.--. Christopher E. Rice, Esquire Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ~ ` FEDERAL CREDIT UNION, Plaintiff v. SUSQUEHANNA VALLEY HEATING & COOLING, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 3185 CIVIL TERM AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is a business and is not in the military service of the United States of America, that he has knowledge that the said Defendant's address is 313 Ross Avenue, New Cumberland, PA 17070. .~ S /~ Christopher E. Rice, Esquire Sworn to and subscrib d before me this dLD~v day of , 2010. N ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Pub~o Carlisle Boro, Cumberland Canty My Carxrli~ion E~ires Aup.18, 7A11 Member, Pennsylvania Aasoctatbn of NotarNa Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MEMBERS 1 ~ 1 FEDERAL CREDIT UNION, Plaintiff v. SUSQUEHANNA VALLEY HEATING & COOLING, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 31 SS CIVIL TERM COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendants were was given to it by mail on July 1, 2010. G~-~ s ~-- Christopher E. Rice, Esquire Sworn to and sub~sc~rpibed before me this ~~~~ day of 2010. r N ublic COMMONWEAL7FE OF PENNSYLVANIA No4arial Seal Mary M. Price, NWBry Publ~ Carlisle ~, ~~ ~ 1 ~y11 ~ ~rrri~ion ~I Aug. Member, Pennsylvana~ Assoa-atlpn of Notarir` CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WII,LIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Susquehanna Valley Heating & Cooling, Inc. 313 Ross Avenue New Cumberland, PA 17070 MARTSON LAW OFFICES By: M .Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~ ~~