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Home My WebLink About04-2927Derr, Pursel, Luschas & Norton, LLP Noah G. Naparsteck, Esquire 120 W. Main Street Bloomsburg, PA 17815 Attorney ID# 82190 Telephone 570-784-4654 Facsimile 570-784-1281 Attorney for Plaintiff WILLIAMS FORESTRY & ASSOCIATES Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL ACTION MERL TATE : Defendant : NO. ~ -- 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH THE 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. MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1-800-822-5288 LAW OFF/CES OF ) DERR, P R, L, LUSCHA &NORTON NOAH G. NAP/ARST~SQUIRE 120 West MFIn Street P.O. Box ~!~9_. Bloomsburg, PA 17815 (570) 784-4654 Atty. ID# 82190 Attorney for Plaintiff Derr, Pursel, Luschas & Norton, LLP Noah G. Naparsteck, Esquire 120 W. Main Street Bloomsburg, PA 17815 Attorney ID# 82190 Telephone 570-784-4654 Facsimile 570-784-1281 Attorney for Plaintiff WILLIAMS FORESTRY & ASSOCIATES Plaintiff, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL ACTION MERL TATE : Defendant. : NO. ~ - ,,?,'~ 2,"7 COMPLAINT The Plaintiff, by and through its attorneys of the Law Offices of Derr, Pursel, Luschas & Norton, LLP, hereby files this Complaint of which the following is a statement: 1. Williams Forestry & Associates is a Georgia Corporation with an address of PO Box 1543, Calhoun, GA 30703. 2. The Defendant, Med E. Tate is an adult individual with a last known address of 1560 McClures Gap Road, Carlisle, PA 17013. 3. On or about September 16, 2002, the parties entered into an agreement whereby the Plaintiff agreed to provide various services including, but not limited to, the planting of hardwoods, shrubs and conifers as well as the installation of tree shelters upon property belonging to the Defendant and the Defendant agreed to pay the sum of Twenty-three Thousand Six Hundred Eighteen Dollars and Seventy-five Cents $23,618.75) for said services. A copy of the signed Agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 4. The Plaintiff performed all of the work and provided all of the services and materials set forth in the aforementioned Agreement and the Defendant accepted the same without complaint. 5. All services and materials provided to the Defendant were of good and workmanlike quality. 6. By virtue of a federal grant, Eleven Thousand Eight Hundred Nine Dollars ($11,809.00) was paid to the Plaintiff leaving a balance of Eleven Thousand Eight Hundred Nine Dollars and Seventy-five Cents ($11,809.75) due and owing to the Plaintiff from the Defendant. 7. Despite frequent demand for payment, the Defendant has failed and refused to remit payment and the same is now due and owing. 8. The Plaintiff is entitled to the sum of Eleven Thousand Eight Hundred Nine Dollars and Seventy-five Cents ($11,809.75). WHEREFORE, the Plaintiff the demands judgment in the amount of Eleven Thousand Eight Hundred Nine Dollars and Seventy-five Cents ($11,809.75), plus costs, interest and such further and additional relief as is deemed just and equitable. Respe~ fully submitted, LAW OI :F,I~ES OF DERR,)~,~//..,~..~ ~~,(.JR,,S,L~, LUSCH~ 3& ORTON, LLP Noah G. N~l~rsteck,~"S'~ 120 W. Mai)~ Street Bloomsbur~, PA 17815 (570) 784/4654 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: Williams Forestry & Associates Title: Williams Forestry & Associates P.O. Box 1543, Calhoun, GA 30703 706-629-0353 Fax: 706-625-0134 August 29, 2002 Mr. Merl Tare 1560 Mc Clures Gap Road Carlisle, PA 17013 The following is our Proposal number 2: This proposal is for the planting of 15 acres of CP22 riparian buffers located in three areas to be planted. We will provide a 12-15 man crew and Key supervisor. Schedule: Spring of 2003. Time to complete project 4 days. Planting Performance: Seedlings to be planted in accordance with the planting guidelines set forth by the Pennsylvania Division of Forestry. Landowners Obligations: 1) To provide rights of ingress and egress to the planting site for all personnel, materials and equipment necessary to perform the planting job. 2) To provide the Contractor with a sketch map showing the location of the planting area. 3) To sign a CCC-36 form which assigns payment for services directly to our company for 50% of our invoice. This part of the payment is from the Federal side of your cost share. The remaining 50% balance of our invoice is due 5 working days from the day you receive the cost share check from the state for completing your CREP project. Page 1 ~ E~IBIT 04 10:25a Shelter Cost: S~00.00 Task 3. Labor Cost: $12,6 Cost per acre: Signature:: Please fax a ~ This quote ~as:pi'epm-~d 1 -'740-288-48S2 SHERIFF'S RETURN - CASE NO: 2004-02927 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS FORESTRY & ASSOCIATES VS TATE MERL REGULAR CHIEF DEPUTY RONNY ANDERSON Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon at 1155:00 HOURS, on the 2nd day of July SHERIFF'S OFFICE ONE COURTHOUSE SQUARE PA 17013 by handing to TATE MERL DEFENDANT , at CUMBERLAND CO CARLISLE, MERL TATE a the 2004 true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 So Answers: R. Thomas Kline .00 28.00 07/07/2004 DERR PURSEL LUSCHAS3~RT~Z~// Sworn and Subscribed to before By: me this ~ day of '~~ ~~heriff A.D. · ~othonoZary ~ t · Derr, Pursel, Luschas & Norton, LLP Noah G. Naparsteck, Esquire 120 W. Main Street BIoomsburg, PA 17815 Attorney ID# 82190 Telephone 570-784-4654 Facsimile 570-784-1281 Attorney for Plaintiff WILLIAMS FORESTRY & : IN THE COURT OF COMMON PLEAS ASSOCIATES VS. MERL TATE Plaintiff Defendant : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION .. : NO. 04-2927 CERTIFICATE OF SERVICE. I, NOAH G. NAPARSTECK, ESQUIRE, do hereby certify that I forwarded a Ten Day Notice (copy attached hereto as Exhibit "A") to the following Defendant by first class mail, postage prepaid, this _~,~'~ day of_ J~ {,./ ,2004, addressed as follows: Med Tate 1560 McClures Gap Road Carlisle, PA 17013 LAW OFFICES OF: DERR, P~R,~ISL,/.USCHAS, ~ NORTON, LLP Noah G. Napa~teck~ Es~" Attorney for t.~t'e Plaintiff Atty ID~ 82190 120 West Main Street Bloomsburg, PA 17815 (570) 784~654 Derr, Pursel, Luschas & Norton, LLP Noah G. Naparsteck, Esquire 120 W. Main Street Bloomsburg, PA 17815 Attorney ID# 82190 Telephone 570-784-4654 Facsimile 570-784-1281 Attorney for Plaintiff WILLIAMS FORESTRY & ASSOCIATES Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL ACTION Defendant MERL TATE : NO. 04-2927 TO: Med Tate 1560 McClures Gap Road Carlisle, PA 17013 DATE OF NOTICE: July 27, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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. EXHIBIT MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1-800-822-5288 LAW O~:FICES OF DERR, SE[., LUSCI- ~RTON, LLP hJoah G. Na~ars~e(~k;~_ q. Attorney fo,F'the Pl~tiff' Atty ID# 8,2190 120 West Main Street Bloomsburg, PA 17815 (570) 784-4654 Derr, Pursel, Luschas & Norton, LLP Noah G. Naparsteck, Esquire 120 W. Main Street Bloomsburg, PA 17815 Attorney ID# 82190 Telephone 570-784-4654 Facsimile 570-784-1281 Attorney for Plaintiff WILLIAMS FORESTRY & ASSOCIATES Plaintiff : iN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : CIVIL ACTION Defendant MERL TATE : NO. 04-2927 PRAEClPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Enter judgment for the Plaintiff and against the Defendant Merl Tare and assess damages against the Defendant in the amount of Eleven Thousand Eight Hundred Nine Dollars and Seventy-five Cents ($11,809.75) along with costs and interest from and after the date of entry of this judgment at the statutory rate. Understanding that false statements made herein are subject to penalty under 18 Pa.C.S,A. §4904, relating to Unsworn Falsification to Authorities, I verify that: 1. The precise last known address of the Defendant is 1560 McClures Gap Road, Carlisle, PA 17013. 2. The Notice of Intention to File Praecipe for Entry of Default Judgment attached hereto as Exhibit A was mailed to the Defendants after default occurred and at least ten (10) days prior to the date of filing this praecipe. 3. The Defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Relief Act and are over 18 years of age. Date: Noah G. ~r~t~ _._& NORTON ENTRY OF JUDGMENT AND NOW, this /3 ~ day of ("~ ,2004, judgment is hereby entered for the Plaintiff and against the Defendant in the amount of Eleven Thousand Eight Hundred Nine Dollars and Seventy-five Cents ($11,809.75) along with costs and interest from and after the date of entry of this judgment at the statutory rate. BY: PROTHONOTARY J '~ Dart, Pursel, Luschas & Norton, LLP Noah G. Naparsteck, Esquire 120 W. Main Street Bloomsburg, PA 17815 Attorney ID# 82190 Telephone 570-784-4654 Facsimile 570-784-1281 Attorney for Plaintiff WILLIAMS FORESTRY & ASSOCIATES Plaintiff VS. MERL TATE Defendant =IN T.E COURT OF COMMON PLUS OF CUMBER~ND COUNTY, ~- ~ PENNSYLVANIA CIVIL ACTION NO. 04-2927 CERTIFICATE OF SERVICE I, NOAH G. NAPARSTECK, ESQUIRE, do hereby certify that I forwarded a Ten Day Notice (copy attached hereto as Exhibit "A") to the following Defendant by first mail, postage prepaid, this ~.~-~ day of ...~,~ [,-/,2004, addressed as class follows: Mad Tare 1560 McClures Gap Road Carlisle, PA 17013 LAW OFF/~CES OF Noah G. Napapteck, Es~ A~orney for t~e Plaintiff A~y ID¢ 82~0 120 West Main Street Bloomsburg, PA 17815 (570) 784-4654 EXHIBIT Derr, Pursel, Luschas & Norton, LLP Noah G. Naparsteck, Esquire 120 W. Main Street Bloomsburg, PA 17815 Attorney ID# 82190 Telephone 570-784-4654 Facsimile 570-784~1281 Attorney for Plaintiff WILLIAMS FORESTRY & ASSOCIATES Plaintiff VS. MERLTATE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 04-2927 TO: Merl Tare 1560 McClures Gap Road Carlisle, PA 17013 DATE OF NOTICE: July 27, 2004 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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. EXHIBI' MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 1-800-822~5288 ~,w O~:F,CES oF Arty ID# 8,,2190 120 West Main Street Bloomsburg, PA 17815 (570) 784-4654