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HomeMy WebLinkAbout10-5982 t rz? s-3-t r'te - t? ? i°Y d CD -T! cD r) C r' r o 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 ld-98z a copy of the Notice of Appeal, Common Pleas No. upon the ' trict Justice designated therein on (date of service) Q -Z 2. year ?.0 10 n by personal service 26y (certified) (registered) mail, sender's receipt ttached hereto, and upon the appellee, (name CAW t I- ? on yeaOC)OI 10 , ? by personal service y (certified) (re stered) 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 mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUUB_SC^RItBED BEFORE ME THIS a3 d DAY OF 0 T , YEAR 01010 Signature of official b whom affidavit was made Title of official My commission expires onAak- , year 616 1.3 «K ?>? A MatLlllwl? ? OMNI?1 COiM11r Mr OMIWw bob" A" 14 an i year , ? by personal service ?by (certified) (registered) Signature of Affiant < , ? 76; •Y.<y., '.. u - s 4.Yfi aS{,?YS. ?:#NU*u ,<.:.: xa . rr+, :, ....w ... : .. .. ..:...;:? COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT L CUMBERLAND CUMBERLAND I COMMON PLEAS No. fQ ,? ?. t ?? I' l G`--`- } 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. COURT OF COMMON PLEAS NAME OF APPELLANT MAG. DIST. NO. OR NAME OF D.J. Steven duseydfbja mnsqpc t arwi_&r^r, N-3-04 ADDRESS OtF• APPELLANT Roact DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) +Cvirnff Trac*tnr F+rn?ir CITY STATE ZIP CODE CLAIM NO. SK CV YEAR LT YEAR This block will be signed 6NLY when this notation is required under P 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. OF P LLA H A ORNEY OR < nt w Iai see PA R.C.P.J.P. If apti No. (6 in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature o Prothonotary or Deputy 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 Groff Tractor i i"c1t, Iappellee,(S), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. 14) " - "I i 2,_ ( ) within twenty (20) days after service of r r . t nt of non biros. r slur pelt or his a rney or agent RULE. To-, Groff Tiktor & ?' Lgtxi{11"C, Trtc. , appellee(s) Name of appellee(s) (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 p vvrnplq t within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON P,"[ (3) The te+Gf e e 1; i file if4eMce was by mail is the date of the mailing Date: '.,.Year , 4.,:; V of Prothbadtar)Y Deputy r ,- White - Prothonotary Cdpy t Green - Court File Copy Yellow - Appelant's Copy Pink Appellee Copy Gold D. J. Copy Froth. - 76 EXHIBIT `A' (Domestic U.S. Postal Service CERTIFIED MAIL, RECEIPT Provided) M delivery For O OF F I Z,' I PAL USE ru in postage $ S d 5 n F? Certified Fee O 4 Return Receipt Fee C3 (Endorsement Required) g r Q Restricted Delivery Fee C3 (Endorsement Required) ot] Total Postage & Fees $ O fr S r 0 S`r poB ox No. 1? Apt N or PO . (C I !. On P /, .!- r- City ST-91, •' ? L -0 O N ru Ln O C3 0 C3 D ru O Ir O i Postal CERTIFIED MAIL RECEIP"F r-3 (Domestic Only; No Insurance (,overaqe Provided) P- o r- 0 in postage S,r?,?? - C3 Cenified Fee Q C, O O Return Receipt Fee (Endorsement Required) r ' m 0 0 Restricted Delivery Fee (Endorsement Required) ` ? O Total Postage i£ Fees Son ..._.. ,:e....__?1:... ...._.zx. '• or POBox 4 City State, ZIP?r ` 7 li r? O r? 0 ru Lr) -r fa C3 O O Q ru CO O 111- C3 O r`- I t 1f ts'::_ Pecht & Associates, PC Herbert P. Henderson, II, Esquire ' w? ;c 1 i f2• PA I.D. NO. 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 r .? ' 5 L k L . ' D C r 1'°1 (717)691-9808_ SYL_ A141A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GROFF TRACTOR & EQUIPMENT, INC. Plaintiff : NO.: 10-5982 Civil Term vs. STEVEN MOSEY, individually and d/b/a MOSE' S LANDSCAPE DESIGN & MAINTENANCE, INC., 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 AN 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 AGAINS TYOU 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 6. By letter dated July 8, 2008, by and through their legal counsel, Defendants agreed to pay Plaintiff the outstanding balance in installments of $500.00 monthly. A true and correct copy of said letter is attached and incorporated hereby by reference and marked as Exhibit "B". 7. Since August 2008, Defendants have made monthly payments in the total amount of $2,750.00 toward the outstanding balance. 8. Defendants have not made any payment on the outstanding balance since June 9, 2009. 9. As set forth in the invoices which are attached hereto as Exhibit "A", Defendants owe Plaintiff the sum of $4806.00 10. Defendants' failure to pay the $4,806.00 is a material breach of the parties' agreement. 11. Plaintiff has made demand upon Defendants to pay the balance due; however Defendants have failed and otherwise refused to pay the balance due. 12. As a result of Defendants' failure to pay $4,806.00, Plaintiff has suffered damages in like amount, together with interest, attorney fees and costs. WHEREFORE, Plaintiff Groff Tractor & Equipment, Inc. demands judgment in its favor and against Defendants, Steven Mosey, individually and d/b/a Mose's Landscape Design & Maintenance, Inc. in the amount of $4,806.00, together with interest, attorney fees and costs. Respectfully submitted, Date: 01-1 /Pto PECHT & ASSOCIATES, PC By: Herbert P. Henderson, II, Esquire PA ID No. 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Plaintiff 2 VERIFICATION I, CLINT LLAUGET, hereby swear and affirm that I am the Credit and Collection Supervisor of Groff Tractor & Equipment, Inc., Plaintiff herein, and that I am authorized on behalf of the Company to execute this verification. I hereby verify that all the information set forth within the preceding document are true and correct to the best of my knowledge, information 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 authorities. Dated: OCT 074 X/0 GROFF TRACTOR & EQUIPMENT, INC. oozl? By: Clint Llauget, Credit and Collection Supervisor -ac AL-MlAVIvA D ' PLEASE REMIT TO: 6779 CARLISLE PIKE, MECHANICSBURG, PA 17050 TELEPHONE' (717) 766-7671 FAX: (717) 766-1580 WEBSrm: www.grofftractor.com ALL INVOICES ARE DUE'WrrHIN 30 D. OP INVOICE DATE. A I yi% SERN CHARGE IS ASSESSSI ALL INVOICES PAST 30 DAYS, ME INDICATE INVOICE NUMBER Vf YOUR REMrrTAt I LMR99 own a E easy M. BRANCHES: EPHRATA, PA STATE COLLEGE, PA VALENCIA, PA NEW STANTON, PA MOSE'S LANDSCAPE DESIGN 105 PIKETOWN ROAD HARRISBURG, PA 17112 MOSE'S LANDSCAPE DESIGN MOSE00 03/15/10 1 STATEMENT Please indicate invoices paid W MOSE00 03/15/10 1 , For proper credit please return this pc ' GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1880 MACM ?j! Mechanicsburg, PA. * State Collage, PA. ?? 1IItV. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO MOSE00 MOSE'S LANDSCAPE DESIGN 105 PIKETOWN ROAD HARRISBURG, PA 17112 tMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 11176 SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS. ALL RETURNS MUST BE ACCOMPANIED THIS INVOKE. ALL RETURNS ARE SUBJECT TO A 16% RESTOCKING CHARGE. FEDERAL I.D.. 23-1S3B479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. ** SUBTOTAL 2860.00 X ** SALES TAX' 171.60 Cash Sale PAY THIS COPY DISTRIBUTION. ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLID AMOUNT $3031.60 GROFF TRACTOR & EQUIPMENT, INC. ACTt1?R ,?Q1/ SOLD TO SHIP TO MOSE00 MOSE'S LANDSCAPE DESIGN 105 PIKETOWN ROAD HARRISBURG, PA 17112 WS: NEt 30 (UNLESS OTHERWISE NOTEDk A 1112% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED THIS ITIVOICE. ALL RETURNS ARE SUBJECT TO A 1 S% RESTOCKING CHARGE. FEDERAL I.D.M: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. ** SUBTOTAL 2860.00 ** SALES TAX 171.60 X 8779 CARLISLE PIKE AAECHANICSBURG, PA. 17050 (717) 788.7671 FAX(717)756.1590 College, PA. //?tI E Ephrata,PA. ` Mechanicsburg, New PA. Stanton,PA State . Vale ncla, PA. Cash Sale PAY THIS I AMOUNT $3031.60 GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1560 C Mechanicsburg, PA. * State College, PA, c? J#C, Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO MOSE00 MOSE'S LANDSCAPE DESIGN 105 PIKETOWN ROAD HARRISBURG, PA 17112 ** SUBTOTAL 940.00 X ** SALES TAX 56.40 Cash Sale PAY THIS » I AMOUNT $996.40 JORDAN D. CUNNINGHAM ROBERT B. CHERNICOFF MARC W. WITZIG BRUCE J. WARSSHAWSKY KELLY M. KNIGHT TRACY L. UPDIKE CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 TELEPHONE (717) 238-6570 PAX (717) 2384809 July 8, 2008 Clint Llauget Credit and Collection Manager Groff Tractor & Equipment, Inc. 6779 Carlisle Pike Mechanicsburg, PA-17055 RE: Moses Landscape Design & Maintenance, Inc. Dear Mr. Llauget: HERSHEY TELEPHONE (717)534-2833 IRS NO. 23-2274135 Street Address: 2320 N. 2nd Street Harrisburg, PA 17110 ,1U1.. 2 A;Oii'; ?. ?.? .? l As you know, .this office represents the interests of Moses Landscape Design and Maintenance, Inc. We appreciate the generosity of your offer. Unfortunately, cash now at this time does not permit payments in the amount which you seek. As an alternative, the company is agreeable to paying $500.00 per month until the total remaining balance of $8,357.96 is paid in full. Thus, this would require 16 payments of $500.00 each and a remaining payment of $357.96. Please let me know whether this is acceptable. Sincerely yours, CUNNINGHAM & CHERNICOPF, P.C. [Robert F. Cbernicoff REC/kkp cc: Steven Mosey F:Wwkg sSKADOCSNOSSVU.t uShclfmo7N..pa 1n 0- % 2 CERTIFICATE OF SERVICE I, Herbert P. Henderson, H, Esquire, the attorney for Plaintiff, hereby certify that I have served a true and correct copy of the foregoing paper upon Defendants by U.S. First Class Mail, Certified Mail, Return Receipt Requested postage prepaid, addressed as follows: Steven Mosey, individually and d/b/a Mose's Landscape Design & Maintenance, Inc. 105 Piketown Road Harrisburg, PA 17112 Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. P. O. Box 60457 Harrisburg, PA 17106-0457 Al", - I t-11 NMI ry Dated: Herbert P. Henderson, II, Esquire PA 56304 1205 Manor Dr., Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 4 t GROFF INC., ACTOR & EQUIPMENT, Plaintiff v. STEVEN OSEY, individually and d/b/a MOS 'S LANDSCAPE DESIGN & MAINT NANCE, INC., Defendants TO: Gro Tractor & Equipment, Inc. c/o erbert P. Henderson, II, Esquire 120 Manor Drive Suite 200 Meci anicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 10-5982 -Civil Term c~ f ~ r..~ G',~ c~ ~ .Y . ~. ,:~, ,__, ~ u~~7 -,~-, r- ;~~ c-~ c ~° ~ ,r _:. ~ ~ c: -ri ~ = ="~ ' a - ~? `~ ~,~, ,~~ -: `'' You' e hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff $ Complaint within twenty (20) days from service hereof or a judgment may be entered aga st you. Date: October 19, 2010 Supreme Court ID No. 87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendants GROFF INC., v. STEVEN 1\ d/b/a MqS: & MAINT] R & EQUIPMENT, Plaintiff OSEY, individually and 'S LANDSCAPE DESIGN NANCE, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 10-5982 -.Civil Term Defendants ARY OBJECTIONS OF DEFENDANT, STEVEN MOSEY, TO PLAINTIFF'S COMPLAINT NqW, comes the Defendant, Steven Mosey, by and through his counsel, & Chernicoff, P.C., who submits his Preliminary Objections to Plaintiff s Complaint a~ follows: 1. On or about October , 2010, Groff Tractor & Equipment, Inc. ("Plaintiff') filed a Complaint (the "Complaint") against Defendants, Steven Mosey, individually ("Mr. Mosey") and d/b/a Mose's Landscape Design & Maintenance, Inc ("Mose's Landscape") (collectively "Defendants") with this Honorable Court. 2. ` In the Complaint, Plaintiff alleges that Defendants rented various pieces of heavy machinery and construction equipment as a result of which they owe Plaintiff $4,806.00 together with interest, attorney fees and costs. COUN~[' I -LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) Pa. R.C.P. 1028(a)(4) 3. ~ The averments of Paragraphs 1 through 2 are incorporated herein by reference as if fully set forth. 4. According to the Pennsylvania Rules of Civil Procedure, Preliminary Objections may be filed on grounds of legal insufficiency of a pleading. See Pa. R. C. P. § 1028(a)(4). 5. ~ Throughout Plaintiff s Complaint, Plaintiff alleges that it rented various pieces of heavy machinery and construction equipment to the Defendant Corporation, Mose's Landscape Design & Maintenance, Inc. through Defendant, Steven Mosey, an officer of such Corporation. 6. ~ All attachments to the Complaint are specifically directed to Mose's Landscape Design. See Complaint Exhibit "A". 7. ~ In the Complaint, Plaintiff attaches as Exhibit "B", correspondence from the Offices of Cunningham & Chernicoff, P.C. regarding the alleged amounts sought by Plaintiff. Such correspondence specifically refers to the Corporation, Mose's Landscape Design & Maintenance, Inc., with no inference that Mr. Mosey was individually liable for the alleged amounts due and owing. See Complaint Exhibit ..B.. 8. ~ Plaintiff has failed to attach any Agreement, either in writing or orally, between Plaintiff and Individual Defendant, Steven Mosey. 9. ~ In essence, Plaintiff has failed to allege any facts that would support any type of cause of action against the Individual Defendant, Mr. Mosey. 10. !i The question presented by a demurrer is whether, in the facts averred, the law says with certainty that no recovery is possible. See e~ n., erally Bundy v. Beard, 924 A.2d 723 (Pa. Cornmw. Ct. 2007). 11. ~ One cannot be liable for a breach of contract unless one is a party to that contract. See Electron Energy Corp. v. Short, 408 Pa. Super. 563, 597 A.2d 175 (1991), appeal granted, 529 Pa. 664, 604 A.2d 1030 (1992) and order affd, 533 Pa. 66, 618 A.2d 395 (1993). 12. ~ A person who is not a party to a contract cannot be held liable for its breach by one of the parties to the contract. See Fleetway Leasing_Co. v. Wright, 697 A.2d 1000 (Pa. Super.1997). 13. ~ In the instant matter, Plaintiff has clearly alleged that the equipment was rented to the entity, Mose's Landscape Design & Maintenance, Inc. 14. ~ Plaintiff has failed to present any allegations of any agreement between itself and Mr. Mosey to repay any monies allegedly due and owing by Mose's Landscape Design & Maintenance, Inc. 15. ~ Demurrer of Plaintiff s Complaint is proper because Plaintiff has not alleged that Mr. Mosey was a party to any contract between Plaintiff and himself, thus, Mr. Mosey cannot be found liable under a breach of contract theory. As such, Count I of Plaintiff s Complaint fails to state a claim upon which relief can be granted in regards to Mr. Mosey. ORE, Defendant, Steven Mosey, hereby respectfully requests this Honorable Court susta~n Count I of his Preliminary Objections and dismiss Plaintiffs Complaint against him with prej COUNT II -LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 16. 17. 18 The averments of Paragraphs 1 through 15 are incorporated herein by reference as if fully set forth. While not specifically outlined in Plaintiff s Complaint, one could construe that Plaintiff is attempting to pierce the corporate veil of Mose's Landscape Design & Maintenance, Inc. against Steven Mosey. According to Pennsylvania Law, when determining whether or not a corporate form should be disregarded, one must look to the following factors: a. Under capitalization; b. Failure to adhere to corporate formalities; c. Substantial intermingling of corporate and personal affairs; and d. Use of the corporate form to perpetrate a fraud. 19 See Lumax Industries. Inc. v. Aultman, 669 A.2d 893 (Pa. 1995}. Pennsylvania maintains a strong presumption against piercing the corporate veil. See Id. citing Wedner v. Employment Board, 449 Pa. 460, 464 296 A.2d 792, 794 (1972). 20. ~ For the purposes of testing the legal sufficiency challenge of a pleading, a Preliminary Objection in the nature of a Demurrer admits as true all well pleaded material and relevant facts but it does not admit conclusions of law or averments of law. See Lumax, supra. 21. Plaintiff has failed to set forth any material, relevant or well pleaded facts, which, if true, would state a claim upon which relief may be granted under a theory of alter ego or piercing the corporate veil. 22. Plaintiff has failed to aver any specific material or relevant fact to support any legal conclusion that Mr. Mosey and Mose's Landscape Design & Maintenance, Inc. are inseparatable or that Mose's Landscape Design & Maintenance, Inc. is the alter ego of Mr. Mosey. WH BEFORE, Defendant, Steven Mosey, hereby respectfully requests this Honorable Court susta~n Count II of his Preliminary Objections to Plaintiffs Complaint and dismiss Plaintiffs ~bmplaint against him with prejudice. ;QL~ T III - IN THE ALTERNATIVE, INSUFFICIENT SPECIFICITY OF A 'LEA DING PERTAINING T4 ALL CLAIMS AGAINST THE INDIVIDUAL D FENDANT, STEVEN MOSEY, PURSUANT TO PA R.C.P. §1028(a)(3) 23. The averments of Paragraphs 1 through 22 are incorporated herein by reference as if fully set forth. 24. For all the reasons set forth herein in these Preliminary Objections, Individual Defendant, Steven Mosey, is unable to respond to the allegations set forth in Plaintiff s Complaint due to Plaintiff s insufficient specificity in the pleadings. WH BEFORE, Defendant, Steven Mosey, hereby respectfully requests that, in the alternative, (~iis Honorable Court sustain Count III of his Preliminary Objections to Plaintiff s Complaint,~order Plaintiff to amend its Complaint and grant Defendant such further relief as is just and Respectfully submitted, CUNNIN Date: October 19, 2010 By: Harrisburg, PA 17110 Telephone: (717) 238-6570 Counsel for Defendants Attorney I.D. #87365 2320 North Second Street CERTIFICATE OF SERVICE I, J hereby cer DEFEND. class mail, Date: anne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff, that a true and correct copy of PRELIMINARY OBJECTIONS OF C, STEVEN MOSEY, TO PLAINTIFF'S COMPLAINT was served by first- tage prepaid, on the following: Herbert P. Henderson, II, Esquire 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. 19, 2010 By: Ametrano Pecht & Associates, PC +y Herbert P. Henderson, II, Esquire PA I.D. No. 56304 - 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA CIVIL ACTION - LAW GROFF TRACTOR & EQUIPMENT, INC. Plaintiff : NO.: 10-5982 Civil Term VS. STEVEN MOSEY, individually and d/b/a MOSE'S LANDSCAPE DESIGN & MAINTENANCE, INC., 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 AMENDED COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Pecht & Associates, PC Herbert P. Henderson, II, Esquire PA I.D. No. 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GROFF TRACTOR & EQUIPMENT, INC. Plaintiff NO.: 10-5982 Civil Term VS. STEVEN MOSEY; individually and d/b/a MOSE'S LANDSCAPE DESIGN & MAINTENANCE, INC., Defendant AMENDED COMPLAINT 1. Plaintiff is Groff Tractor & Equipment, Inc., a Pennsylvania business corporation with a principal place of business located at 6779 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Steven Mosey, an adult individual with a last known mailing address of 105 Piketown Road, Harrisburg, Dauphin County, Pennsylvania 17112. 3. Defendant Mose's Landscape Design & Maintenance, Inc. is believed to be a Pennsylvania business corporation with a last known mailing address of 105 Piketown Road, Harrisburg, Dauphin County, :Pennsylvania 17112. 4. At all times relevant hereto, individual Defendant Steven Mosey did appear at Plaintiff's Mechanicsburg, Pennsylvania location to lease from Plaintiff various pieces of equipment and machinery; however, at no time did individual Defendant Steven Mosey ever advise Plaintiff he was doing so as a representative of a corporation, rather individual Defendant Steven Mosey merely represented that he "did business as" "Mose's Landscape Design." 5. Plaintiff avers that if individual Defendant Steven Mosey would have informed Plaintiff's representative that he was renting the equipment on behalf of a corporation, that it would have required a personal guarantee. 6. Individual Defendant Steven Mosey did on several occasions from February 19, 2007 through May 22, 2007 rent various pieces of heavy machinery and construction equipment, more specifically described on the invoices which are attached hereto and incorporated herein by reference and marked collectively as Exhibit "A". The exact machinery and equipment is set forth on each statement. 7. By' letter dated July 8, 2008, by and through their legal counsel, Defendant Mose's Landscape Design and Maintenance, Inc. agreed to pay Plaintiff the outstanding balance in installments of $500.00 monthly. A true and correct copy of said letter is attached and incorporated hereby by reference and marked as Exhibit "B". 8. Since August 2008, Defendants have made monthly payments in the total amount of $2,750.00 toward the outstanding balance. 9. Defendants have not made any payment on the outstanding balance since June 9, 2009. 10. As set forth in the invoices which are attached hereto as Exhibit "A", Defendants owe Plaintiff the sum of $4,806.00 11. Defendants' failure to pay the $4,806.00 is a material breach of the parties' agreement. 12. Plaintiff has made demand upon Defendants to pay the balance due; however Defendants have failed and otherwise refused to pay the balance due. 13. As a result of Defendants' failure to pay $4,806.00, Plaintiff has suffered damages in like amount, together with interest, attorney fees and costs. 2 WHEREFORE, Plaintiff Groff Tractor & Equipment, Inc. demands judgment in its favor and against Defendants, Steven Mosey, individually and d/b/a Mose's Landscape Design & Maintenance, Inc. in the amount of $4,806.00, together with interest, attorney fees and costs. Respectfully submitted, PECHT & ASSOCIATES, PC Date: t By: i Herbert P. Henderson, II, Esquire PA ID No. 56304 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorneys for Plaintiff 3 VERIFICATION I, CLINT LLAUGET, hereby swear and affirm that I am the Credit and Collection Supervisor of Groff Tractor & Equipment, Inc., Plaintiff herein, and that I am authorized on behalf of the Company to execute this verification. I hereby verify that all the information set forth within the preceding document are true and correct to the best of my knowledge, information 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 authorities. GROFF TRACTOR & EQUIPMENT, INC. Dated: 441ov, 0/10 : By:. Clint Llauget, Credit and Collection Supervisor .u cv u lvivuu it v n ALL INVOICES ARE DUE WITHIN 3013. .1 mom PLEASE REMIT TO: 6779 CARLISLE PIKE, MECHANICSBURG, PA 17050 OP INVOICE CHARGB IS DATE. A i lji% SS SEE` TELEPHONE: (717) 766-7671 ALL INVOICES PAST 30 DAYS. PLE PAX: (717) 766-1580 INDICATE INVOICE NUMBER ?p ?p 'WEESITE: www.grofftractor_com YOURRBMITTAt FRA?ayr U 08 4 E???IMME T, 1110. BRANCHES: EPHRATA, PA STATE COLLEGE, PA VALENCIA, PA NEW STAN-TON, PA y MOSE`.S LANDSCAPE DESIGN MOSE00 03/15/10 1 105 PIKETOWN ROAD HARRISBURG, PA 17112 MOSE'E LANDSCAPE DESIGN For proper credit please return this portion with your payment. STATEMENT. Please indicate Invoices paid (k) MOSE00 03/15/10 1 <>lV h; 4 8 0 6 PO . tiyrµ GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. " State College, PA. fommi & 091PNENT, INC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO MOSEOO MOSE'S ]LANDSCAPE DESIGN 105 PZKETOWN ROAD HARRISBURG, PA 17112 >n cf ;Tact: •A moun# Ali4NCE [?U.- TERMS: NETW (UNLESS OTHERWISE NOTEO): A 1 112% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18'/ PER ANNUM)- RETURNS: ALL RETURNS MUST BE ACCOMPANIED BY THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL IA.#: 23A03647y. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. ;CUSTOMER SIGNATURE) . ** SUBTOTAL 286'7.QO ** SALES TAX 171.60 X Cash Sale ?Y }? v:l.•S •. Cfi' :'Ot ..t. .'-::Y?'... -:i:?:'-?:Siv.:n}. _i'' :?:: ilk;.:ijnt.:::\rna:\Y):: ?..\ "%$ 7f? nsy; fi'U'fv.. •i::?:Y:Q::{:?:},;c;.;...::`•r. 31 ?,.,:: AMOUNT ? $3Q 60 COPY DtSTRIBUTtON: y. ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP.. GROFF TRACTOR & EQUIPMENT, INC. WGT#,# SOLD TO SHIP TO MOSEOO MOSE'S LANDSCAPE ]DESIGN 105 PIKETOWN ROAD HARRISBURG, PA 17112 ** SUBTOTAL 2860.00 X Cas . Sale ** SALES TAX 171.60 ? h -.i \. :iY .i'? ..,>7(:. .. yt--... .c>}:?rn:vn;>in..;.S•.:.^::....xi .:'k.;•...<•ti'ttF::?:tNiYv.i <n.....:>•Yt?j:.3:._•. PAY THIS .<. ;.,}. •v=>:',r•}% nNh•.rvna.>x{.:a..1:s..:-}:Jt9X?:.Y.'}x:?:'e.M1j.'j:• <. e.Tiit.^:: ::: ?'T. •s\. ,S,Rf s??vc.? :JSS'?::;: ;r.,..,..:>'i.:.<..;..:...:r...?...<,.rc•.. ?.k:. •.rri•¢::r,..:.>-•:?.,v. ..ni.'<..d:.....e,.•;.tc:.:•:-f.:..g..,.'•:%'•:=-v',•i:•.>+::: v.:. :A.y. r.:.:.2. t,.:..: ?•.<...u.:.: , +a.:;;.:xctar.?:.•xi<.:a:•,,a_....p•r: ..:., :+..^,o.•..??::>»»>»m:::r..xutas.>..».::..:s:.<y;+...: :w..,..:...:. y<.i:$::ta. ..t.,. +?a. • -:.a:»x<n ...w}•>;.> -.,:3„ Y,,.c..?...£»:x.. .,?... ..<.. /4 3031'.60 ,.,.;x.'$.:. xa:Y'y;:,. .,,k:.> „{:-. :;...::::.;::,:_.>:ra<• MOUNT ?. «?? .>.»:;•,;.i:........- a;,?:jt:•,va....,;ti.•.pxosx:;:.aur»:;:y..t :: ?:.xe:. COPY DISTRIBUTION: ORIGINAL ACCOUNTS', PAYABLE PSSR PACKING SLIP 6779 CARLISLE PIKE MECHANICSBURG, PA, 17050 (717} 766.7671 FAX (71?} T66,1580 Mechanicsburg, PA. *Stanton, State College, PA. ??illr?l ?,(?i/ ri /{ /r??, Ephrata, PA. New PA. Valencia, PA. rAa P GROFF TRACTOR & EOUIPMENT, INC. 1 Elm 6778 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX(717)766.1580 Mechanicsburg, PA. * State College, PA. MCA& & E#ff1PME#rj j#C. Ephrata, PA. - blew Stanton, PA. * Vaiencla, PA. SOLD TO SHIP TO MOSEOO MDSE'S LANDSCAPE DESIGN 105 PIKETOWN ROAD HARRISBURG, PA 17112 ** SUBTOTAL 940.00 ** SALES TAX 56.40 X Cash Sale ,y???A 1+ '42:iyi w'tpj}itA^•?:?4::`.??: r::O:ii PAY THIS C•:C. vY :YZ:y $996.40 •ti •>•x s.l: AMOUNT COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP JORDAN D. CUNNINGHAM R013ERT E. CHERNICOFF MARC W. WITZIG BRUCE J. WARSHAWSKY KELLY M. KNIGHT TRACY L. UPDIKE CUNNINGHAM & CHERNICOFF, P.C. ATTORNEYS AT LAW P.O. BOX 60457 HARRISBURG, PENNSYLVANIA 17106-0457 Clint Llauget Credit and Collection Manager Groff Tractor & Equipment, Inc. 6779 Carlisle Pike Tl.- ?rcCiiiii'itC:srt1:,$Tgy P;?. + 7t)rS." TELEPHONE (717) 238-6570 FAX (717) 238-4809 July 8, 2008 RE: Moses Landscape Design & Maintenance, Inc. Dear Mr. Llauget: HERSHEY TELEPHONE (717)534-2833 IRS NO. 23-2274135 Street Address: 2320 N. 2nd Street iiarrisbur& PA17110 Ij',? 4 V; ,11.11,.. 1?ft. By As you know, this office represents the interests of Moses Landscape Design and Maintenance, Inc. We appreciate the generosity of your offer. Unfortunately, cash flow at this time does not permit payments in the amount which you seek. As an alternative, the company is agreeable to paying $500.00 per month until the total remaining; balance of `$8,357.96 is paid in full. Thus, this would require 16 payments of $500.00 each and a remaining payment of $357.96: Please let nie know whether this is acceptable. Sincerely yours, CUNNINGHAM & CHERNICOFF, P.C. Robert E. Cbemicoff REC/kkp cc: Ste`ien Mosey n ,?11 EXHIBIT CERTIFICATE OF SERVICE I, Herbert P. Henderson, II, Esquire, the attorney for Plaintiff, hereby certify that I have served a true and correct copy of the foregoing paper upon Defendants by U.S. First Class Mail, postage prepaid, addressed as follows: Robert E. Chernicoff, Esquire Cunningham & Chernicoff, P.C. P. O. Box 60457 Harrisburg, PA 17106-0457 Dated: i ? ?0' _ 2? ert P. Henderson, II, Esquire 5 GROFF TRACTOR & EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. STEVEN MOSEY, individually and d/b/a MOSE'S LANDSCAPE DESIGN & MAINTENANCE, INC., Defendants TO: Groff Tractor & Equipment, Inc. c/o Herbert P. Henderson, II, Esquire 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 NO: 10-5982 - Civil Term You are hereby notified to file a written response to the enclosed Preliminary Objections to Plaintiff's Amended Complaint within twenty (20) days from service hereof or a judgment may be entered against you. submitted, Date: November 24, 2010 By: Silpreme/Court ID No. ? 680 Kelly M. Knight, Esquire Supreme Court ID No. 87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendants GROFF TRACTOR & EQUIPMENT, INC., Plaintiff V. STEVEN MOSEY, individually and d/b/a MOSE'S LANDSCAPE DESIGN & MAINTENANCE, INC., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c 4 -CF= NO: 10-5982 - Civil Term Wr- r fi -a r _<tm C = o s _ AC= ;7 Q n --r rn ter.. ==--?f C>F -f"n PRELIMINARY OBJECTIONS OF DEFENDANT, STEVEN MOSEY, TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes the Defendant, Steven Mosey, by and through his counsel, Cunningham & Chernicoff, P.C., who submits his Preliminary Objections to Plaintiffs Amended Complaint as follows: On or about October, 2010, Groff Tractor & Equipment, Inc. ("Plaintiff') filed a Complaint (the "Complaint") against Defendants, Steven Mosey, individually ("Mr. Mosey") and d/b/a Mose's Landscape Design & Maintenance, Inc ("Mose's Landscape") (collectively "Defendants") with this Honorable Court. 2. In the Complaint, Plaintiff alleges that Defendants rented various pieces of heavy machinery and construction equipment as a result of which they owe Plaintiff $4,806.00 together with interest, attorney fees and costs. 3. Thereafter, on or about October 19, 2010, Defendants filed Preliminary Objections to the Complaint claiming that Plaintiff's Complaint failed to state a cause of action against Defendant, Steven Mosey. 4. On or about November 5, 2010, Plaintiff filed its Amended Complaint with this Court. COUNT I - LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) Pa. R.C.P. 1028(a)(4) 5. The averments of Paragraphs 1 through 4 are incorporated herein by reference as if fully set forth. 6. According to the Pennsylvania Rules of Civil Procedure, Preliminary Objections may be filed on grounds of legal insufficiency of a pleading. See Pa. R. C. P. § 1028(a)(4). 7. Throughout Plaintiffs original Complaint, Plaintiff alleged that it rented various pieces of heavy machinery and construction equipment to the Defendant Corporation, Mose's Landscape Design & Maintenance, Inc. through Defendant, Steven Mosey, an officer of such Corporation. 8. In the Amended Complaint, Plaintiff now claims that it rented various pieces of heavy machinery and construction equipment to Steven Mosey who represented that he "did business as" "Mose's Landscape Design". See Amended Complaint at ¶4. 9. Mose's Landscape Design & Maintenance, Inc. was a registered and existing Pennsylvania corporation at all times relevant to this action. 10. All attachments to the Amended Complaint, including invoices created by Plaintiff, are specifically directed to "Mose's Landscape Design." See Amended Complaint Exhibit "A". 11. In the Amended Complaint, Plaintiff attaches, as Exhibit "B," correspondence from the offices of Cunningham & Chernicoff, P.C. regarding the alleged amounts sought by Plaintiff. Such correspondence specifically refers to the Corporation, Mose's Landscape Design & Maintenance, Inc., with no inference that Mr. Mosey was individually liable for the alleged amounts due and owing. See Amended Complaint Exhibit "B". 12. Plaintiff has failed to attach any Agreement, either in writing or orally, between Plaintiff and Individual Defendant, Steven Mosey. 13. In essence, Plaintiff has failed to allege any facts that would support any type of cause of action against the Individual Defendant, Mr. Mosey. 14. The question presented by a demurrer is whether, in the facts averred, the law says with certainty that no recovery is possible. See generally Bundy v. Beard, 924 A.2d 723 (Pa. Commw. Ct. 2007). 15. One cannot be liable for a breach of contract unless one is a party to that contract. See Electron Energy Corp. v. Short, 408 Pa. Super. 563, 597 A.2d 175 (1991), appeal granted, 529 Pa. 664, 604 A.2d 1030 (1992) and order affd, 533 Pa. 66, 618 A.2d 395 (1993). 16. A person who is not a party to a contract cannot be held liable for its breach by one of the parties to the contract. See Fleetway Leasing Co. v. Wright, 697 A.2d 1000 (Pa. Super. 1997). 17. Plaintiff has failed to present any allegations of any agreement between itself and Mr. Mosey to repay any monies allegedly due and owing by Mose's Landscape Design & Maintenance, Inc. 18. Demurrer of Plaintiffs Amended Complaint is proper because Plaintiff has not alleged that Mr. Mosey was a party to any contract between Plaintiff and himself, thus, Mr. Mosey cannot be found liable under a breach of contract theory. As such, Count I of Plaintiffs Complaint fails to state a claim upon which relief can be granted in regards to Mr. Mosey. WHEREFORE, Defendant, Steven Mosey, hereby respectfully requests this Honorable Court sustain Count I of his Preliminary Objections and dismiss Plaintiffs Amended Complaint against him with prejudice. COUNT II - LEGAL INSUFFICIENCY OF A PLEADING (DEMURRER) 19. The averments of Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth. 20. While not specifically outlined in Plaintiffs Complaint, one could construe that Plaintiff is attempting to pierce the corporate veil of Mose's Landscape Design & Maintenance, Inc. against Steven Mosey. 21. According to Pennsylvania Law, when determining whether or not a corporate form should be disregarded, one must look to the following factors: a. Under capitalization; b. Failure to adhere to corporate formalities; C. Substantial intermingling of corporate and personal affairs; and d. Use of the corporate form to perpetrate a fraud. See Lumax Industries, Inc. v. Aultman, 669 A.2d 893 (Pa. 1995). 22. Pennsylvania maintains a strong presumption against piercing the corporate veil. See Id. citing Wedner v. Employment Board, 449 Pa. 460, 464 296 A.2d 792, 794 (1972). 23. For the purposes of testing the legal sufficiency challenge of a pleading, a Preliminary Objection in the nature of a Demurrer admits as true all well pleaded material and relevant facts but it does not admit conclusions of law or averments of law. See Lumax, supra. 24. Plaintiff has failed to set forth any material, relevant or well pleaded facts, which, if true, would state a claim upon which relief may be granted under a theory of alter ego or piercing the corporate veil. 25. Plaintiff has failed to aver any specific material or relevant fact to support any legal conclusion that Mr. Mosey and Mose's Landscape Design & Maintenance, Inc. are inseparatable or that Mose's Landscape Design & Maintenance, Inc. is the alter ego of Mr. Mosey. WHEREFORE, Defendant, Steven Mosey, hereby respectfully requests this Honorable Court sustain Count II of his Preliminary Objections to Plaintiffs Amended Complaint and dismiss Plaintiffs Complaint against him with prejudice. COUNT III - IN THE ALTERNATIVE, INSUFFICIENT SPECIFICITY OF A PLEADING PERTAINING TO ALL CLAIMS AGAINST THE INDIVIDUAL DEFENDANT, STEVEN MOSEY, PURSUANT TO PA R.C.P. §1028(a)(3) 26. The averments of Paragraphs 1 through 25 are incorporated herein by reference as if fully set forth. 27. For all the reasons set forth herein in these Preliminary Objections, Individual Defendant, Steven Mosey, is unable to respond to the allegations set forth in Plaintiffs Amended Complaint due to Plaintiffs insufficient specificity in the pleadings. WHEREFORE, Defendant, Steven Mosey, hereby respectfully requests that, in the alternative, this Honorable Court sustain Count III of his Preliminary Objections to Plaintiffs Amended Complaint, order Plaintiff to amend its Complaint and grant Defendant such further relief as is just and proper. Date: November 24, 2010 Respectfully submitted, CUNNINGHQM & CHERNICOFF/, P.C. By. Attorne I.D. #233 Kelly . Knight, Esq ire Attorney I.D. #87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Counsel for Defendants CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff, hereby certify that a true and correct copy of PRELIMINARY OBJECTIONS OF DEFENDANT, STEVEN MOSEY, TO PLAINTIFF'S AMENDED COMPLAINT was served by first-class mail, postage prepaid, on the following: Herbert P. Henderson, II, Esquire 1205 Manor Drive Suite 200 Mechanicsburg, PA 17055 CUNNINGHAM & CHERNICOFF, P.C. Date: November 24, 2010 aktkA4'? Julieanne Ametrano iL Pecht & Associates, PC OFFICE OF THE P 6THONOTARY Herbert P. Henderson, II, Esquire PA I.D. No. 56304 2010 OEC -2 PM 3:54 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 CCUMBERLANO COUNTY (717) 691-9808 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GROFF TRACTOR & EQUIPMENT, INC Plaintiff NO.: 10-5982 Civil Term vs. STEVEN MOSEY, individually and d/bla MOSE'S LANDSCAPE DESIGN & MAINTENANCE, INC., Defendant PROOF OF SERVICE I hereby swear and affirm that I served a copy of the Amended Complaint on Defendants by U.S. First Class, Certified Mail, Return Receipt Requested (sender's receipt PS Form 3800 and Return Receipt PS Form 3811) sender's receipts attached hereto on the 15th day of November 2010. December 1, 2010 U? "6 Herbert P. Henderson, Esquire PA ID No.: 56304 PECHT & ASSOCIATES, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 (717) 691-9808 Attorney for Plaintiff j . Li CERTIFIED MAIL r P- (Domestic Mail Only; No Insuranc e Coveraqe Provided) I" 0 I? A /11" MS 0 Postage $ Cr o ? M Certified Fee ? 0 0 (Endpraer eM Required) {? Here C3 0000011147 Rey tea ryF? (ErxiorsemeM Required) m Total Postage & Fees ', 7 CM M --- o er ermcotf, squ ® -? "a C3 Cunningham & Chernicoff, . o a P. O. Bo 60457 a, y T Harrisburg, PA 17106-045 ¦ Complete items 1, 2, and 3. Also complete Mem 4 If Restricted Delivery is desired. ¦ PMnt dame and address on the reverse so That we can return the card to you. ¦ Mich ttds card to the tack of the malipiece, or on the front if space permits. 1. Artkde Addressed to: Robert E. Chernicoff, Esquire Cunningham & Chernicoff P.C. P. O. Bo 60457 Harrisburg, PA 17106-0457 A. signature x ? Apart WWI SM60wery iRe9enred-bY ( Mole) is dw" addraes different from item' 1? ? vo ?? If YEs, eater delivery address betow- ? No 3. lype CerNUed. Mall ? Express man ? Regbtaed VReWrn Receipt for Mwdw diaa ? Insured MaU ? C.O.D. 4. Restricted DeNvery? (Extra Fee) ? Nim 2. Arils 7003 3110 0000 7776 9766 P8 Form 3811, Febatary W04 t)oeeraatia Rabum Raoaipt twee aa; David q . Buell Prothonotary Office of the Prothonotary Cum6er[ancd County, Pennsylvania xirkS. Sofionage, ESQ, Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, 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, DAVID D. BUELL PROTHONOTARY One Courthouse Square ® Suite100 ® Carlisle, TA 0 (Phone 717 240-6195 0 Fax 717 240-6573