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HomeMy WebLinkAbout04-3394THE COUNTRY GENTLEMEN, : IN THE COURT OF COMMON PLEAS 1NC., t/d/b/a HONDA BMW MOTORSPORTS, Plaintiff V. JUSTIN S. WILLIS, : Defendant .' : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue a Writ of Summons in the.above-captioned action: Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff Justin S. Willis' 2050 Blue Mountain Parkway Harrisburg, PA~ ~ Way/~n~Esquire Supreme Court ID No. 38094 Reidenbach Henderson & Pecht 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9808 Attorneys for Plaintiff THE COUNTRY GENTLEMEN, : 1N THE COURT OF COMMON PLEAS INC., t/dPo/a HONDA BMW MOTORSPORTS, Plaintiff · . CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW NO. -- 339¥ : JUSTIN S. WILLIS, : Defendant : WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT(S): YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMMECNED AN ACTION AGAINST YOU. Date: Justin S. Willis 2050 Blue Mountain Parkway Harrisburg, PA 17112/~r)/~.~ ) /~. Curt Long, Prothonotary Deputy Reidenbach, Henderson & Pecht By: Wayne M. Pelcht. Esquire ID #38904 Attorneys for Plaintiff SHERIFF'S RETURN - CASE NO: 2004-03394 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRY GENTLEMEN INC THE ETAL VS WILLIS JUSTIN S OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT WILLIS JUSTIN S but was unable to locate Him deputized the sheriff of DAUPHIN serve the within WRIT OF SUMMONS , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, He therefore Pennsylvania, to On August 16th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dauphin County 31.25 .00 68.25 08/16/2004 R. /Thomas Kline Sheriff of Cun%berland County REIDENBACH HENDERSON PECHT Sworn and subscribed to before me this ~/~.~ day of ~2~O V A.D. 7 Pr~t--~onot ary The Court of Common Pleas of Cumberland County, Pennsylvania Tile Country Gentlemen Inc. VS. Justin $. Willis No. 04-3394 civil NOW~ July 14, 2004 , I, SHEFJFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff, Sheriff of Cumberland County, PA $ow~ within upon ar by handing to a and made known to Affidavit of Service , 20 ., at o'clock copy of the original So answers, M. served the the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Conunonwealth of Pennsylvania County of Dauphin A/qD NOW:July 22, SUMMONS WILLIS JUSTIN S to DEFENDANT of the original 2004 : COUNTRY GENTLEMEN INC T/D/B/A HONDA BM vS : WILLIS JUSTIN S Sheriff's Return No. 5616-T - -2004 OTHER COUNTY NO. 04-3394 at 4:09PM served the within upon by personally handing 1 true attested copy(ies) SUMMONS and making known to him/her the contents thereof at 2050 BLUE MOUNTAIN PARKWAY HBG, PA 17112-0000 Sworn and subscribed to before me this 30TH day of JULY, 2004 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. t, 2006 So Answers, Sherif~Dauphin Coun~ Sheriff's Costs:S31.25 PD 07/22/2004 RCPT NO 197139 REDMOND THE COUNTRY GENTLEMEN, INC., t/d/b/a HONDA BMW MOTORSPORTS, Plaintiff JUSTIN S. WILLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-03394 CIVIL ACTION 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. 117 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 AS A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 717-249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defende se de estas demandas expuestas en las paginas siguientes, usted tiene vienLte (20) dias de partir de la fecha de la demanda y la notifcacion. Usted debe presentar una apariencia escrita o en persona o por abodago y archivar en 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 peude entrar una orden contra usted sin previo adviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda . Usted puede perder dinero o sus propiedades o ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENT ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER. REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013-3308 717-249-3166 THE COUNTRY GENTLEMEN, INC., t/d/b/a HONDA BMW MOTORSPORTS, Plaintiff V. JUSTIN S. WILLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-03394 - CIVIL ACTION COMPLAINT AND NOW comes Plaintiff, by and through its attorneys, Pecht & Associates, PC, and makes the following Complaint against Defendant: 1. Plaintiff is a Pennsylvania business corporation duly organized and validly existing under the laws of the Commonwealth of Pennsylvania. 2. Defendant is an adult individual residing at 2£t50 Blue Mountain Parkway, Harrisburg, Pennsylvania. 3. Plaintiff is in the business of selling new and used motorcycles and four- wheel vehicles at its business location at 6653 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 4. On or about July 16, 2003, Defendant entered onto the premises of Plaintiff and decided to purchase from Plaintiff a 2003 Canondale FX440 Moto ATV for the total price of $14,311.81. 5. Plaintiff agreed to sell the said vehicle to Defendant at that price. 6. Defendant produced a trade-in vehicle and delivered the same to Plaintiff, for which he received a credit in the amount of $3,200. 7. The unpaid cash balance due and owing Plaints[fl from Defendant is $11,111.81. 8. Defendant entered into a Pennsylvania Motor Vehicle Installment Sale Contract, which provided that he could pay the remaining balance in 59 payments of $221.60, beginning August 30, 2003. A true and correct copy of the said Motor Vehicle Installment Sale Contract is attached hereto as Exhibit "A" and incorporated herein by this reference thereto. 9. Defendant did not make the payments as provided in the Motor Vehicle Installment Sale Contract. 10. Defendant has refused and continues to refuse to make the payments due under the Motor Vehicle Installment Sale Contract, nor has Defendant returned the subject vehicle. 11. Defendant has breached his promise to pay Plaintiff the balance due and owing for the subject vehicle. 12. The Motor Vehicle Installment Sale Contract provides for interest to accrue on the unpaid balance at the rate of 6.99% per year. Defendant has paid none of the original amomat or the interest due 13. thereon. 14. Plaintiff has not received the consideration due to it for the sale of the subject vehicle and is owed $11,111.81, plus interest and costs of suit from Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a judgment against Defendant in its favor in the amount orS1 ].,111.81, plus interest and costs of suit, an amount within the limits requiring arbitratior~ of this matter. Dated: November 16, 2004 Respectfully submitted, PECHT & ASSOCIATES, PC By: ~y~,,l . Pecht, Esquire Attorney I.D. No. 38904 1205 M~mor Drive, Suite 200 Mechanicsburg, PA 17055-4917 ~2/05/2004 16:41 7177909:L14 PA 2~SLC(Rev.4/~) SIMPLE INTEREST PENN~LVANIA MOTOR VEHICLE IN~ALLME~ SALE CONTRACT, i PERCENTAGE RATE The ~ of Your ~yment ~ule. 'The dollar amount the credit will cOSt you. Dated HONDA BMW MOTOSPORTS PAGE Amount Financed The amount of credit provided to ]mu or on your bahai[, Total of Payments The amount you will have ~aid after you have made alt scheduled payments. Total SaFe Price' ,'.' ' The total cost of your pumhase on credit, including your dowqpayment of $ .~Z. ClO.O0 . What b y~r age/ VEHICLE: You have agreed to purchase, under the terms of this Contract. the tallowing motor vehicle gild it~ extra e~luipment, ~'hiih' is' called' the 'Vehicle' Jn thb Contract., N/U ..Y.P,~ and Make ~.~dlrie~ Ne~ CvI. 'rrgGk Ton Caoac~ Seriailq~ber Equipped ~/LT, .:__ P.S. ~ AM-FU Stereo ~ 5 Spd. other. ASSIGREE: We may assign this Co~ract and Seourlty A~reement to a sales finance ~ompany which is the '/~ign~.? If tI~, Assignee ~ssigns t~e..contract to a subsequent assignee, the term also refers to such subsequent me,nee, After the. ~gnment ail righb and benefits of the $elkr ~n this Contract and in the Socurfl~ Ac, reement shall belong to end be enforceable by the Assignee. The Assignee will no~7 you when and if Sel~er makes an assignment* , , B~K OF H/~IOV~R AND TRUST COMPANY, Hanover, Pennsylvania.17331 . =.&.S1GNE.~ Any person signing the Co-Signer's AEr~ment below promises seearst~Jv, end to~ethar.w~th*afl f,n.Ri~art~t ami R,;v~,rte~* fa ri,v* tte~imion of Amou'~,,t Financed Cash Price C~sh ~W~payrnem Trade-in Valu~ of Trada-tn Ueo Payoff I~:, .~?__ Tuhpaid.~sh'Pri~Bala~e T~ Cmd~ I~umn~ ~mpany ' To Publg ~iciab ~ den Fee hmuflt Financed Finance C~r~ _ Tebl of Paym~ts ~ime ~lance) Payment ~ched~le - You ~groe td pay ~ ~ ~e Amou~ R~an~ pl~ ~teralt in each, and a final payment of ~y ~iBni~g, you bud1 select Joint ~ What are Credit Ute Insurance, whi~ ~m; ~ ~ur a~T ,.. , , ~gnatu~ ot'~ffi Bu~r~ ~ ~ i~u~ for J~ C~it b~ I~u~n~ pum~aead will be for the erm of the crediL By sipinE, you select Si~lle CredH Lite Imurance, What is FIUr ' which r~t~ $ , '[ I/J~- · ,., (' age/Tears sig, sto;e o~ Buyer ~ be insured fur Single Credit Lite Instance By si~nin~ you select Sing~ Credit AcCent & Health Ineumce, which cOSb $ ~P~- CREDIT INSURANCE l$ N~T.REQUIRED:. Credit L~ Insuranc~ and Credit Accident & Health (D~bility) Insurance am not requimd'to .obtain credit, and will not be provided unless you si;n beloW, and agree ~o pay the additional c~st(s). Please read the NOTICE OF PRO~SED CREDIT JNSURANCE'on.the reveme side. Your insurance cerUfJcate'or policy will tell you the MAXIMUM amount of insurance availablk All insurance e meeJ!..s estim, ate IF. YOU DO NOT MEET YOUR ~ONTRAC1 OBLIGATIONS, YOU MAY LO~E THE MOTOR VEHICLE ANO PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT, AND/OR 'HONEY ON DEPOSIT WITH THE ASSIGNEE. This Contract is between Seller a~ Buyer. All disclmures have been made by SeJer, Seller intends lo ass~ql this Conbact to tbe ASSignee. llabilib' arising ou~ of u~e or ownership of the Vehicle. In this ContTact, you are promising f~ insure the Vehicle s~ keep it insured.. TRADE-IN: You have traded i~ 2~ Year and M~ke ~rip~ ffa ~ ~ s~l owing on the rebate you ha~ ~d~ ~, tM ~1~ will pay'off ~ amount on y~r ~ehalL You wanant' and rep~ ~ us a~ ~d~in ~ ~ f~ ~, cialm, ~:umbmn~ ~ secu~ int~ ~pt as shown in t~ I~m~6~ of ~u~ Fman~ as ~e "U~ P~P~ INSU~C~ You may ch~ tbe ~n ~u~ w~m i~umn~ is o~e~ api~ I~ o~ damage ~ '~e VehiC~ and If them is more than one Buyec each promiseA ceparataly and together~ to pay all sums due us and to perform all agreements'in this Contract. Zip Code(s) In this Cont~t Name "- Add~ You am ~ ~ . - ' . X~e(s) -- ' ' AddresSee) Zip Code t I Security: You ere givint a securit)' intare~ in the motor vehicle bein~ LHo. of Payments Amount of Payments When Payments Are Due purchased. $ Pra~yment: If YOU pay aff early, you willnot havetopay a penalty. , Fffiq Fees: $ · Late Charge: If a payment is lale, you Will be charged 2~ of the po~on of the ~c~ryment which is tote for each month, or part of a munth greeter than 10 days, that it remains unpaid. See below and any other Contract documents for any addiUonel information about nonpayment, defau~ say required repayment in fuil befope the scheduled date and prepayrM~t ~etunds and Denattie~ · ill sums due and to perform all agreements in this Contra~t Ca-Sider will not'be an ~-~'Any ~rson'~i~ing the C~wner's Se~uri~ ~me~ ~lOw giv~ us a ~cur~y inte~ in the Vehicle anU ag~ ~pa~Ly an~ ~yme~ will be due ~ · J ~er w~ aU C~eer(s} and Bu~r(sL ~ ~flo~ ali a~me~ in ~e S~r~ A~e~ and ail ~er Da~ of ~is ~n~act e~ the ~/~/0 ~ , and then pa~en~ 'Prorate ~ Pa~ ~ion. will be due 'RAMS: The ~ shown in ~e box~ a~ve a~ ~ ~f th~ ~ntm~ .... ~owln~ '~NJSE ~ PAY: You a~e to ~y us t~ ~n~l Sak Erice for.~e Veh~le by maki~ the ~h SECURI~ AGREEMENT: To ~cu~ theoa~ment of al sum~ due a~ ~e performance ~ atJ ~e~ and a~i~.~e Tm~l~.if sh~n a~ve, ~ or befo~e da~ alma ~ a~ reeui~d obli~a~ons unde~ this ~n~a~ ~u 8ire a ~ud~ intere~ in the Yehioie, in all eying us ~e ~unt FJ~nc~ pl~ in~ You ~om~ to mae pyme~ in a~n~ wi~ ~Sc~ule. You pmm~e~ ma~ N~e~ ~ or ~ore~e ~ da~ ofe~ m~ ~ ~e me vends, includiq J~ufloc[..pr~eos. T~ ~signee may seTqw any amoun~ due ann ~t ~ym~ due da~ You ~e to ~y a~'~he a~ouns wh~ may ~edue.u~e ~ ~m unpaid under this Co,tract apmst any ~ [~ou~ ~oQ~y q~ depoa t w th ~ gflee. ~h s incluou any money Wni~n ~ now or ma~ in me fuTu~ Oe oep~[~d ~h ~ignee by you. f ~h Co~a~ Y~ a~ to pay ~e Se(leT or ~iRnH' ~ of selL.You also agrH to pay ~sigflee may do the w~hout'a nv ~rior no,ce ~ YOU. . ' ... ~a~ab~ a~rneW ~ if Selte or ~ hi~ an a~orney e ml~ amoen~ due under ~e AOOITIOflAL 1ERMS~ND ~dDITIONS: THIS CONTRACT CONTINUES~N TH~REVERSE on~ct br to pr~ or ~ p~usiofl ~f ~e Vehi~. You ,~ ma~ payme~ at the ~e or~' SIDE. YOU ARE eRUPTED ~0 ILLL THE TEEMS OF THE CONTRACT WHICH APPEAR 0~' THE end ~ea~ to the ~dre~ w~ t~ ~i~ m~ m~ngy s~ifies m ~e wr~h n~e ~ yoU. FRO~ A~ R~ERSE SID~. &y s~gning below, we agree tn sell the Vehicle to you under the terms ef this CorL~ract ' f.,,eV'7- ~_ - 'w '%.' '- ( ~ I$ - ' - · i~/. ~a / pate NOTICE TO BUYER--DO NOT SIGN THIS CONTRACT'tN BLANK, YOU ARE ENTITLED ~rO AN EXACT COPY OF THE CONTRACT YOU SICN, KEEP IT TO PROTECT Y~UR I..~AL~IG~.S.. BUYE ; ' (SEAL) Date CO-SIGNER: YOU SHOULD READ.THE NOTICE TO CO-SI'GNER, WHICH HAS BEEN GIVEN TO YOU ~)N A SEPARATE DOCUMENT, ]~EFORE SIGNING TJT. E CO~SIGNER~J AGENT. CO-SIGNER'S A. GREFd~EN~::. ¥o~, the ~)etson (or ~er~b~) siRsdn8 below a~ "Co-:~/Bne't,"'proml./c'-/~--a]~aIT'to ul 'nli s~$' du~ on th'is-Contra~t and t-~ perform all a&~-vmcms in th/s Contract. You intend to be legally, bound by ~ll the terms of th/r Contras, separately and to~e:th~r,-wi£h the Buyer, You are .~akirtg this promise to ~da~ us W make thb Cannot with the Ru~r, e~ tho~h we ~:~e [~e pro,ads only for t~e Buyer~ ben,fit. You ~rm to ply even though wc may not have ~Si~er'S Situate (SEAL) :O..OWN'ERt5 SECT~TX~IT'(. AGREEM. ENT: You, the person sLp~int below ss "Co-Owne~," tozether with. ~e Buyer or othcr,.visc bclng aJ1 of thc Owner~ ur.the Vehicle ~ve u~ a Security Interest in the Yehid¢ ideutitied.abov¢, You aBt~c, to bc bound by thc t~rms of the Se~ur/ty A&reemet~t and all other par~ of thi~q ConTra~:t except the laromi~e To P-',y ' $eciion. You are &lying us the security [niercmt to induce ua tO .make this C~untra~t with thc ~uycr, and to ~c~tc thc payment by thc Bu);cr of ali ~uma due ,n thbl Contract..You will not be r~po~ib]e for any dcfmiency which ~}ght be due a./'ter i.e. pouess[on and sa/e of tht~ Vehicle. (SEAL.) ~o.-Owuer'~ Signature__-- Addres~ Dat~ lUYER. CO-SIGNER AND cO-OwNER, AS APPLICABLE, ACKNOWLE08E RECEIPT OF A COMPLETED ~0PY OF THIS CONTRRCT ~.T THETIIVLE OF SIGNING. . . · :-UYER 1 '// ~' ' ' BUYER ~-C~-*$I~;li~ER ~ CO.SIGNER OR CO-OWNER HOTxCE: S.C~ ~£V~RSE S~DI~ FOR [IVr. pORTANT INFORMATION. RFIr, ONSUMER FORM PA 23,SLC (Rev, 4/OOl · ~.0O0 BRH{X~NSUIt~R SERVICE, INC. ORIGINAL "' _.., VERIFICA?ION I? Christopher L. Cuorno, of Country Gentlemen, Inc. t/d/b/a Honda BMW Motot~ports acknowledge that: 1. I am the President of Country Gentlemen, Inc., t/dgo/a Honda BMW Motorsports and I am authorized to sign this Verification on. behalf of the Company; 2. The facts set forth in the foregoing document are true and correct to the best of my knowledge; information, and belief; and 3. I am aware that false statements herein are made subject to the penalties of 15 Pa. C.S. Section 490,*, relating to unswom falsifieation to authorities, r ated: } [ County Gentlemen, Inc. t/d/b/a Honda BMW Motorsports, By: .. ._ . Christopher L. Cuomo CERTIFICATE OF SERVICE I hereby certify that on the 16th day of November 2004, I served a true and correct copy of the foregoing Complaint upon the following persons by First Class Mail, postage pre-paid, addressed as follows: Mark Thomas Silliker, Esquire Sillilker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Mr. Justin S. Wills 2050 Blue Mountain Parkway Harrisburg, PA 17112 Dated: November 16, 2004 THE COUNTRY GENTLEMEN, INC., t/d/b/a HONDA BMW MOTORSPORTS, Plaintiff JUSTIN S. WILLIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2004-03394 CIVIL ACTION TO: JUSTIN WILLIS DATE:DECEMBER 20, 2004 IMPORTANT NOTICE 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 BAR ASSOC?,IATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717-249-3166 PECHT & ASSOCIATES, P/~//~ ~ Attorney I.D. #38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9808 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Mark Thomas Silliker, Esquire Sillilker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 Mr. Justin S. Wills 2050 Blue Mountain Parkway Harrisburg, PA 17112 Dated: December 20, 2004 Wayne~Esquire THE COUNTRY GENTLEMEN, : IN THE COURT OF COMMON PLEAS INC., t/d/b/a HONDA BMW CUMBERLAND COUNTY PENNSYL VANIA MOTORSPORTS, Plaintiff NO. 2004-03394 CIVIL ACTION v. JUSTIN S. WILLIS, Defendant PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter a Default Judgment against the Defendant in the above-captioned matter for failure to file a pleading within the required time. Plaintiff s Complaint contained a Notice to Defend. Moreover, the Certification required by Pa.R.C.P.No. 237.1 is attached hereto. The damages to which Plaintiff is entitled to is a sum certain and I amounts to $13,260 plus costs of$123.75 plus attorneys fees of$1,446.32, all totaling $14,830.07. Respectfully submitted, PECHT & ASSOCIATES, PC By I. W ()J/ ~~~ M. Pecht, Esquire Attorney I.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 Attorney for Plaintiff @(Q)IP~ THE COUNTRY GENTLEMEN, : IN THE COURT OF COMMON PLEAS INC., t/d/b/a HONDA BMW : CUMBERLAND COUNTY PENNSYL VANIA MOTORSPORTS, Plaintiff NO. 2004-03394 CIVIL ACTION v. JUSTIN S. WILLIS, Defendant TO: JUSTIN WILLIS DATE: DECEMBER 20, 2004 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VB 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 MAYBE 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 HA VB 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 MAYBE 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 BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717-249-3166 ::~SOCJATE~ Wa~t, Esquire Attorney LD. #38904 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055-4917 (717) 691-9808 ~ Attorney for Plaintiff ,.." ~;;:,> " ~"l:l f',) CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, frrst-class postage prepaid, addressed as follows: Mark Thomas Silliker, Esquire Sillilker & Reinhold 5922 Linglestovm Road Harrisburg, P A 17112 Mr. Justin S. Wills 2050 Blue Mountain Parkway Harrisburg, P A 17112 Dated: December 20, 2004 Wayne .. ~ THE COUNTRY GENTLEMEN, INC., t/d/b/a HONDA BMW MOTORSPORTS, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Plaintiff NO. 2004-03394 CIVIL ACTION v. JUSTIN S. WILLIS, Defendant CERTIFICATION The undersigned hereby certifies that a written notice of the intention of Plaintiff to obtain a judgment without a hearing, substantially in the form set forth in Pa.R.C.P.No.237.5 was mailed to the Defendant, by first class mail at least 10 days prior to the date of the filing of the attached Praecipe To Enter Default Judgment, and said notice was not returned by the post-office. Said notice was mailed to the Defendant after the failure of Defendant to plead to the Complaint filed by Plaintiff in the above- captioned matter. Said notice was also mailed by first class mail to Attorney Mark Thomas Silliker, Esquire, who is believed to be the Defendant's attorney. A copy of said notice is attached to the Praecipe To Enter Default Judgment. Respectfully submitted, PECHT & ASSOCIATES, PC By: Wayne . Pecht, Esquire Attorney I.D. No. 38904 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 Attorney for Plaintiff . CERTIFICATE OF SERVICE I, Wayne M. Pecht, Esquire, the attorney for Plaintiff, hereby certifY that I have served the foregoing papers upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Mark Thomas Silliker, Esquire 5922 Linglestown Road Harrisburg, PAl 7112 Mr. Justin S. Willis 2050 Blue Mountain Parkway Harrisburg, PA 17112 f Dated: J,-1~o ~ !!~CE"~i"