HomeMy WebLinkAbout01-2539TAYLOR-WHARTON GAS : IN THE COURT OF COMMON PLEAS
EQUIPMENT, A DIVISION OF : CUMBI~RLAND COUNTY, PENNSYLVANIA
HARSCO CORPORATION, :
Plaintiff :
:NO. iol
COOK LP GAS, INC., : CIVIL ACTION-LAW
JOHN A. COOK AND LAR~:'FfA COOK,:
Defendants :
NOTIC~
You have been sued in court. If you wish to defend against the claims set foffch in the following
pages, you must take action within twenty (20) days after this complaint and notioe have been served. To
objections must
defend against the aforementioned claims, a whiten appearance stating your defenses and
be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to
take aotion against these claims, the court may proceed without you and a judgement for any money
claimed in the complaint or for any otb. er claim required by the plaintiff may be entered against you by the
couffc without ftntber notice. You may lose money, proper~y or other fights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Uberty Avenue
Carlisle, PA. 17O13-- (717) 249-3188 (800) 990-9108
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defendeme de estas damandas expuastas
en las paginas sigulantas, usted tlane viente (20) dias de plazo al par~ir de la fecha de la demanda y la
notiflcacion. Usted debe presentar una apariencla ascrita o en persona o pot abogado y archivar en la
corte en forma ascrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la curie tomara medidas y puede entrar una orden contra usted sin
previo aviso o notiflcacion y por cualqular queja o alivio que es pedido en la peticion de demanda, Usted
puede perrier dinem o sus pmpladadas o otros derechos impoffantas para usted,
LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE
ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVIClO, VAYA EN
PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSlSTENCIA
LEGAL:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA. 17013-- (717) 249-3166 (800) 990-9108
TAYLOR-WHARTON GAS : IN THE COURT OF COMMON PLEAS
EQUIPMENT, A DMSION OF : CUMBERLAND COUNTY, PENNSYLVANIA
HARSGO CORPORATION, :
Plaintiff :
VS. "
COOK LP GAS, INC., : CIVIL ACTION-LAW
JOHN A. COOK AND LARET~A COOK,:
Defendants :
1. The plaintiff is Taylor-Wharton Gas Equipment, a division of HARSGO
Corporation, a corporation organized and existing under the laws of the state of
Delaware, with an address of 4718 Old Gettysburg l?x)ad, Suite 300, P.O. Box 8870,
Camp Hill, C~]mherland, PA 17001-8870.
2. The Defendant Cook LP Gas, Inc., is a corporation or~nlzed and existing
under the laws of the State of Oklahoma, with an address of Route 4, Box 3715, Atoka,
Oklahoma 74525.
3. The Defendants John A. Cook ~w.d Laretta Cook are adult married
individuals with an address of c/o Cook LP Gas, Inc., Route 4, Box 3715, Atoka,
Oklahoma 74525.
PLAINTIFF V. COOK LP GAS. INC.
4. Paragraphs 1 through 3 are hereby incorporated by reference as if set fo~h
at length.
5. On or about November 9, 1998, the Defendant Cook LP Gas, Inc. entered
into a Commercial Note pursuant to which it agreed to pay to the Plaintiff the sum of
$22,546.35, in 23 consecutive in~llmAnts of $1,186.65, commencing 30 days from the
date of shipment of equipment separately purchased by Defendants until paid in full.
A copy of the Note with all the terms is attached hereto and made a part hereof as
Exhibit "A".
6. The equipment referenced in the Note was shipped on December 8, 1998,
making the first payment due 30 days thereafter.
7. The Defendants made two payments on account of said Note, but thereafter
have made no further payments.
8. There is presently due and owing to the pl~iv~t~ff by the Defendant the
amount as follows:
Principal $19,345.37
Interest at 9.25 (2/18/99 through 4/12/01) $ 3,897.02
TOTAL $23,242.39
9. Pursuant to the terms of the Note, the Defendants are responsible for the
payment for all costs and expenses, including reasonable attorney's fees and
disbursements, which may be incurred by plaintiff in the collection of the Note or the
enforcement of the company's rights and remedies thereunder.
10. Plaintiff has made demand upon the Defendants, yet despite demand, the
Defendants have failed and/or refused to make payments as aforesaid.
WHEREFORE, the pl=intiff requests this Honorable Cour~ to enter judgment in
favor of the Plaintiff and against the Defendants, in the =mount of $23,242.39 as of
April 12, 2001, plus conii~,~ing interest at the rate of 9.25% themaftsr, plus reasonable
atwmey's fees and costs of suit.
PLAINTIFF V. COOIr LP GAS. INC.
11. Paragraphs 1 through 3 are incorporated by reference as if set fozth at
length.
12. On or about March 4, 1999, Defendant Cook LP Gas, Inc. ordered eighteen
250 gallon propane tanks from the Plaintiff, on an open account, exclusive of the
transaction set forth in Count I above.
13. The t=~kR, plus appropriate Oklahoma decals were shipped to the
Defendant on March 6, 1999, with the agreement that the account would be paid net
30 days from the date of shipment. A copy of the invoice is ettacb, ed hereto and made
a par~ hereof as E~hlbit "B", and the copy of the shipping ticket Indicating delivery of
the tanks to the Defendant is attached b_ereto and made a part hereof as Exhibit "C".
14. Despite demand, Defendant has failed and/or refused to pay the =mount
due in accordance with its Agreement with the
15. Defendant Cook LP Gas, Inc. is Uable to the plaintj;ff on its open account in
the ~,~nunt of $7,533.00, plus interest and cost of suit.
WHEREFORE, the Plaintiff requests this Honorable Cout~ to enter jud~ent in
favor of the P~i~ff and against the Defendants, In the amount of $7,533.00, plus
reasonable attorney's f~es and costs of suit.
PLAn~ITn~ V. JOHN A. COOK AND LAREI~A COOK
16. Paragraphs I through 3 are incorporated by reference as if set forth at
length.
17. On or about the 9~ day of November, 1998, the Defendants John A. Cook
and Laretta Cook executed a Guaranty Agreement in favor of the Plaintiff, under
which they personally guaranteed the payment of the amounts set forth in Counts I
and II as set forth above. A copy of the Personal Guaranty Contract is attached
hereto and msde a par~ hereof as Exhibit "D".
18. As a part of the Personal Guaranty Contract, the Defendants John A. Cook
and Laretta Cook agreed to reimburse the Plaintiff for the entire Rmount of any
indebtedness owed to the Plaintiff, in addition to costs of suit and atwmey's fees and
commission for collection.
19. Despite demand, the Defendants John A. Cook and Laretra Cook have
failed and/or refused to make payment of the Rmounts set fot~d~ in Counts I and II
above.
WHEREFORE, Plaintiff requests this Honorable Court to enter jndg~lent in
favor of the p~nt~ff and ag~--t the Defendants John A. Cook and La~etta Cook,
individually, in the amounts of $23,242.39, and $7,533.00 respectively, for a total of
$30,775.39, plus contin,,~,~g interest, costs of suit and reasonable attorney's fees.
RespectS.ally submitted,
PURCELL, KRUG & HALLER
BY~
~ I.~29955
1~19 No~ ~nt S~
H~s~, PA 17102
(717) 2~178
.. November 9, 1998
". S22,$46.3S _'. . . .__~ :..~n,t~andscvcrallyifmorCtlumon~(hc~hmltcr,,'
ml~ vALU~ R~Cf~rED, ~h
-, ;,. ~ces at 4718 um ~cuy~mm ,_-,--._ ] _.. .... s...4 ~qn~ DOLL--S, m tawnu ,,-,-~ -- .
ak .- _--/[, '----~-two l~ou-"nd Five nunarcu e--~7--' ~-.--_ _.-_-._~.. eh.il be ,nvchlc in 23 consccum
pti.---r-- . ....... ~,;, Note oa th~ dal~ m m~ ma" P"; .... .
9.25% per annum. PaymgmS mit
modification ~ ""'
mDgaT~a~gSS ' This Nme gvidm~s tbe ~ ~Borrower in connection with the talc Of F. quipm~t sold
Company to Borrows.
r ...... ance is aciu~y pau~ to
p, yMEl~rr - ~ ~lui~ ~..,~i.~¢ payment to
~*his NOte) "' ted ~-- Ibe I
-~-r --~-:-----~d ~idM~.fllt~mi~enmll~-~'mm~d'~-''rr' - · --'~ollU.S.
minciualalnOU~m:u~Y'~'"'--' "----. .... ~La .... tm, iwnlusl l~%attoetmtcmp,~v-~-7'-:. .
by C~mpany ...... ,. _.,.,, clo..~,, ~m~ro~,mstes ~ n ...... ~:.a ,,,
s~mll Pot ~ p~i'toit~ i/l ali amollll~
Notwitl~& any provision contained beton, tbe maximum p~-paym~nt to be-
paid by Borrower under fids Noto shall not ~-- ~o~e~o ~ cxpresscd
Fully 1st 2nd 3rd 4th Sth
Amortized Year Year Year Year year
I 2.00%
2.50% 2.00%
2 -.-,~, 3.00% 2.00%
..--------- .
such lien or s~-unU In~ ~l
EVEPrFS OF DEFAULT - F~ch Of I1~
· oblipfion or indebtcdn--s to Company Of Borrowe~ or any
of ~ amOUnt payable under ~his Note or unde~ any Of an~ indebtedness cvidcnccd hcrcby, including
pcrsun liable, either absolutely or contingcnfly, for pa~u=nt art"Obligor"); (12) ifBo~ or an~ Obligor
endo~rs, guarantors and sureties (each such penmn is rofermi to as
Exhibit "A"
(c) if any rel~'usontnt/on, warranty, ccr~uste, fiouncial smtemant or ~ info .~on made or ~ by l~m~ower '. ..
or any Obligor to Company is matemlly inconcct or misieadin~; (d) if Bonmvcr or any Obli~ ~ ~ '-' .' '.
... insolvent or maim an nssi~mmnt for lira benefit of credilo~ or if any patition shall be filed ~ or agein~ Bormv~r
or any Obligor undor any bankruptcy or iusoivency la~, (c) the anu~ of any judgmout against Borrower or uey
Obligor which r~maius unsatisfied for 15 days or the issuanm of any atmchmont, tax lien, levy or gemisluncnt
agaL-tm any prol~ of material value in which Borrower or any Obligor has an intemsC (f} if any at~achinont.
levy, garnishment or similar I~ ~ is stnved upon Company ns a result of any ,4~,im against Borrower or
any Obligor or against any property of Borrower or any Obligor, (g) thc dissolmion, merger, consolidation or
change in control (as commi is d~tued in Rule 12b-2 ,md~. the Seco~ty s:.~.h~.~ Act of 1934). of any Bormw~
which is a corponuion or 10mmmhip, or the sale or tr~n~:~ of any mhetantial paainn of any of Bonowcr's asseu.
or if any agrusmcnt for such dissolution, merger, or consolidation, change in conlmL sale or tr~nef~r is entored into
porson; (i) if Company dctenniues reasonably and in good faith *h~* an ~ bas occurrcd or a condition exists
which has had, or is likely to have, a material adve~c effect on the financial condition or crcditworthinnss of
Borrower or any Obligor, or on the ability of Borrowor or any Obliger to perform its obligetion ~ by this
Not~ 0) if Borrower shall fail to remit pmmpUy when du~ to th~ app~ gevcmmont ng.n~ or authorizcd
depusitoo', any amount colhencd or withheld from any emphiym of Bo. owor for payusll taxed, Social Secu~ty
payments or similar payroll deductions; 0c) if any Obligor ~t! attempt to termion~ or disclaim such O~ligor's
liability for the indab~a~s cvidanccd by this Note; (I) if Company shall reasonably and in good faith dctern~ue
and notL~. Borrower that any collateral for this Nnte or for the indabtednass ~ hercd~Y is inmfl~ciont ns to
quality or quanti~ (m) if Borrower shall fail to pay when due any material ind~ted___,~ for bonowed money other
than to Company; of (n) if ~ shall he notified of fha failure of Borrmscr or any Obligor to providc financial
and other information promptly when reasonably requested by Company. ..,
de. lay in or refrain from exercising some or all of its rights and muedins without pmjudiue thereto. IfB~.v~cr
fails to make any payment when due horcondor, Bormwor ~hntl pay company a smvico clutrge of five permnt (5%)
of such delinquent amount plus intep-.m thercon from tl~ due date thereof umil paid at tlc'rate set forth above.
effectivc as to each Borrowor and usch Obligor when addmsaM to B~.o~ and dtcPusit~l in the ~nnil= ImStsge
preps. '~ for dcliv~/by tim class mail at ~u. uw~Ss mnilln_a ad~ as it II~ on Co~)~ll~'$ ~
comprising such paymm have uem~Uy heco remiv~d by or m~-4~ avallabi~ to ComlmY.
PAYMKNF OF COIFS = In additiO~l to th~ pl~uei~ al~ int~:st payable hercond~r, Bom~vor agrees to pay
Company, on demand, all costs and c:qxmus (including rensomble attom~'s fas and disbursemants) which may
he incuned by Company in the collection of this Note or the onforcemont of Conqnny's ~ghts and rmuedied
he=,~-undor.
REFRF. SEA'TATIONS BY BORP. OWL~ - If Borrower is a corporal~m or a gmeral or limited parnt~3hip,
reprcsants ond wafl~nts that it is validly existing and in gcod stsnding in the jurisdiction under whesc laws it was
or~,Lized. If Bo.o~or Ls a corporation, Bo.,,,,~er represents and war~-t~ that Uu-".euecution, delivery and
perfonnan~ of this Note am within Botrow~'s coqx~ram powor& have heen daly anthoriz~d by all
or any resolution of its Bounl of Directors. If Bu.uw~' is a ~meral or limitcd pam~abip. Borrower ~'esonts
and varranls thnt the ex~-ution, daliv~y and pe~fornmue~ of flda Note haw heon duly authorized and are nm in
fiu. ther mprasunts and warfare that this Note hes heon validiy exeanted and is onfo~ueble in acconiance with its
terms, tlmt the ex~cution~ deliv~y and porformance by Bo.~er of this Not~ am ont in contravontion of law and
do not conflict Mth any induetum, agr~env".nt or undm~n~'~g to which Borrowor is a party oris othorwis'~ bound,
WAIVER, ETC,, - BO~ arid ~acb Obligor waive presentment, diabmmr, notice of dishonor, protcs~ and notice of
prolest. Neither thc failure nor any de. lay on thc part of Company to exercisc any right, rcmcdy, power or privilcgc
'-~':~'~ -.--- be'dfcctivc unless set forth in ,* wriunl~ slgnca ay ~-q~,v. --- ~
· t~tiS l~lOtC 5n~ La. . · · . · · ' '
arc cmnulative and concun~t and no tangle or pa/rial ~ °f any p°wcr °r pnvflc~: sludl prccl~ ~ ~
M - . · · zmncdics a ' any coLlate~l m wmcn n nora . .
inter, st or a~finst which it has a d~ht of sca~ or t?,inst any particular Oblisor.
;.~.-qd or uncnfo _~_ m~, men invd,~u~$ 0~' ....... t ~ lW~emncinw 0~ a prig I10~ OF ~
CVI~.,o-~-- ...,____,._..v-kisNotchasl0eCIlOCllVClCOlnamaam~'a ....... ~..,_.
deemed to have becn cxtinL, utsMl ncn:uy. -,, -~ sus r~otc
accordance with thc laws of the Conummwcalth of Pennsylvania without ~ to the law conflicts.
in bc blndins upon each Borvow~ and each Obligor and upon their personal rcprcscnmtives, hcirs, su -~--~rs
shall
· ' ill ~ ~ WIL~nAiL in~u~,~ ~ BO · .
~..~,,, ~.~mT LOCATED IN ANY COUNTY OIr ........ ,,o~an N OR TO Ti~ LAYIN
r v.~r,~- ---:=.~_ .... r,ou'e~ NtlT TO RAISE ANY OBJKL"33UIq iv ~t,~a J~___ _S~_I._C~I~O~w ., ~ AGREES
THEREOF. BY BEGISTERED MAIL. Ami ,M~o ..... TO
WAIVER OF JURY TRIAL - ~---.~_~..~- ·; ~.,..--.~,~ · ~,... · PROCEEDING INVOLVING. DIRECTLY or( uq~ u_~n~,_,~__ ..,...,.. :.-~,- ~ ,,*~,'~ "Fo
I'BLALBYJuKW ~,.~ A~z ~ W ~ABLqiNGOUFuj~ul~'M~'~''
TIIKREBY WAIVKS. OR OTHERWISK) IN ANY A It
I mo ,-~,-- --~'-_~.~.._ .~.,~ .r~ fR BKLY U~ON THIS NOTE.
...... · ~-u~r~ ]k)rrower, intending thi~ to be a sealed instrument and intending to be legally bound
bf~by, Ims cxecu~l mm aulvu~ ~ ....... , ~
Corporation or psrtuer.hip: ~
Coek LP G..Inc.., , ~
John A. Cook. 'President
(print ~m~ and title) u
hdJvidua]s:
Witness
X
X
(Pdnt nnmc ~Wimcss) . (Prim name (~Bonowcr)
X
X
(P~nt namc of Witness) (Print nmnc of Borrowcr)
Exhibit "B"
American
Welding & Tank Co.
~TAYLOR-WHARTON [F~
GAS EQUIPMENT DIVISION l~.-~.~,,~- .
SALES OFFICE PLANT OFFICE
RD. SOX 8870 PO. DRAWER t 113
CAMP HILL, PA 17001-8870 JESUP. GA 31598
800-568-2657 912-427-7711
___~ L.P. GAS CO.
COOK L.P. GAS CO. '7:7 SOUTH OHIO
RT. 4, BOX 3715 F,-, 4, BOX 3715
A'TOKA OK 74525 A-:.'KA "' '' 0~. 745~5
OUST. NO.: 13858&
~GO4447& E-~07306
~SG0~4478
SG0444~0 E-~973
ESGO~4~3 E-~0'73 t '~:
S80~076 E-89730~
~SG044677
~SG0~4~7~
~5~100,)02 ~:I-AIJOMA DECALS
I NF'GA-i~-8~ (a) SAFETY
'PURGING LP-GAS CONTAIHE~.S'
DOME~ RECEIV D QTY / COLOR
ITEMS DAMAGE~/ M I SS I NG
DOMES INSTALEED ON TAt~KS y ~ DUNNAGE/PACK~'-G REMOVED N
IJNLES N~TED~ ITEMS LiSTED A~OVE RECEIVED IN
~ ,rJc . -~ --~ CO. REPRESENTA
personal Guaranty Contract
for and in
GUARANTY AGREEMENT dated tNs 9th day of Novenber, 1998agents of John A.
consideration of the extension of credit to cook LP Gas, Inc. and/or hie
· after as the 'Guarantor") end other good and
..... .,, .,,,,e= Cook, (referred to here? ........ Inintlv and severally) hereby give
sufficient consloerauv,,; ,,. -,- U g
· . . . n Gas Equipment Division of Harsco Co~coratlo. n
th~s Coot,nulng Guaranty to T_a~idr Whartf~ e oayment in full, together with ail interest, tees
(referred to hero,hatter as the Harsco'),. r th .
and charges of whatsoever nature and kind of any and all ~ndebtednass of the Guarantor to the
Harsco, whether an open account, credit card account, or evidenced hy note, secured or
unsecured, due and owing at the present time, or that may hereafter be due and owing by
Guarantor to Harscu, and it is fuffher agreed that if bills am not paid when due, I (or we or any of
us) will personally pay the same upon notice and demand, it is agreed that this Continuing
Guaranty applies to any extensions or renewals of credit given by Harsco to Guarantor.
it is specifically undemtood and agreed that the Harscu shall not be required to exhaust
legal remedies for recover/and collection against the Guarantor before looking to the
its . em for ,moot of this acco. u. nt, hut th~,a~hcc.°.~utintclSt= ~I=on
nders gnecl (or any of th ) pa · eno u n recellx
u . -. -. -..,-~ notify the unders;ned, po
due Harscu may, aL v,,,..,
accOunt is pest due and unpaid, the undersigned assumes liability therefor and agrees to pay the
same without delay or defalcation. The dischmge of Guarantor in benkruptCy will not relieve the
undersigned from liability with regard to any amount due and owing under this Continuing
Guaranty.
It is distinctly understood and egraed that Harsce may enter suit against the undersigned
(or any one or more of the undersigned) for the recovery of the entire amount of said
indebtedness hereby secured, and may recover judgment therefore againSt the undersigned (or
any one or more of said guarantors), it is also understood and agreed that in the event the
Harsco commences such suit then and in that event I (or we and each of us) shall pay for the
cost of suit and attorneyS' fees and commissions for collection, in addition to the inde~ednese
hereby secured.
It is further understood and agreed that the undersigned, each for himself, his heirs, .
executors, and administrators, does hereby we,ve the benefit of any and all state laws exempt,ng
real and/or personal property from levy end sale on execution, and egmes to the immediate
issuance and levying of writs of exeCution upon his interests in any real estate of personal
property and the subjugation thereof to sale for satisfaction of any such judgment or judgments.
· · · of the acceptance of this guaranty, notice of
The unde~ned heraby.wa.'v~_n_°t_i.ce.4., oitce of default in payment by the Guarantor
demand and maturity of paymentS ~o =e~u,,,; ....n It is also specifically
and all such notices required or customedlY given under like circumstanceS.
unde~ond and agreed that I (or we and each of us) expressly consent that the time of payment
of any indebtedness hereby secured may be extended, or that the Ha;Sro may at any time
require and accept other secu~ty of any nature whatsoever from Guarantor without notice to
consent from me (or us or each of us).
I (or we and each of us jointly and severally) agree to be held responsible for said
obligations proc sely as if the same had been cOntracted and due and owing by the undersigned
or each of us in person. This Cont nuing Guaranty binds each of the signers hereto, jointly and
severally, their respective heirs, exeCutors, and administrators and shall extend to and cover all
renewals of any claims or demands guaranteed under this instrument, or the extension of time of
payment thereof, and shall remain in full force and effect from this date until revoked by the
undersigned in writing to be sent by registered mail to the Vice President-Controller at P. O. Box
8316, City of Camp Hill, State of Pennsylvania 17001-8316, evidence of such mailing to be
Exhibit "D'
established by postal recaipi. No addition, alteretlon, modification, novation or change in any of
the terms or conditions of this Guaranty shall be binding upon the Harsco unless made in writing
and signed by an authorized Vice President of Hersco.
The obligation of Guarantor is a primary and unconditional obligation and shall not be
affected in any manner by any change in the atatns of Customer or by any change from any
cause whatsoever. This Guaranty shell nut be revoked by the death or Incapacity of any
Guarantor PUt shell remain in full force and effect until terminated in a writing executnd by
Hamco and Guarantor. Guarantor hereby waives any defenses whatsoever which Guarantor
and/or Customer may have with respect to any of the obligations or liabilities of Guarantor to
Hamco under this Guaranty including, without limitation to the generality hereof, defenses adsing
out of estoppel, laches or any statute of limitations. It is the specific intention and agreement of
the parties that this Agreement for any purpose be gnvemed and interpreted solely by and under
the laws of the Commonwealth of Pennsylvania In which Jurisdiction the principal offices of
Harsco Corporation em located, it ia the specific intention and agreement of the parties that this
Agreement be suitable for filing and confession of judgment in the event of · default hereunder.
If any provisions of this Guaranty Agreement shall contravene or be invalid under the laws of the
United States or any 8iafe, such contravention or invalidity shall not invalidate this Agreement or
any other agreement which is part of this transaction, PUt shall be construed as not containing
such provision, end the rights and obligations of the parties under this Guaranty Agreement shall
be interpreted, constnmd and enforced accordingly.
IN WITNESS WHEREOF. the parties have executed this Guaranty Agreement the day
and year first above written.
.---~
WITNESS: G;uARANTORS ~
· '~ohn A. Cool~ ~ ~
Laratta Cook
WITNESS: Teylor-Wherton Gas Equipment
__ ..~ .~ Dlvlsion,~f Hersco Cora~ratJen
V---E RIFICATiO N
COMPANY NAME: TAYLOR-WHARTON GAS EQUIPMENT
DIVISION OF HARSCO CORPORATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 PA C.S.
§ 4904 relating to unsworn falsification to authorities.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
9TH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT OF SERVICE OF PROCESS
TAYLOR-WHARTON GAS EQUIPMENT, A NO. 01-2539
DIVISION OF HARSCO CORPORATION
Plaintiff CIVIL ACTION - LAW
COOK LP GAS, INC.,
JOHN A. COOK AND LARE'I-I'A COOK
Defendan[
',':,,c,v. ~.!: ~:~';'~,~; "."7 th-:~e pre se'~ts that I. /V~' ~ ~"~D~,~_~_._ .... ~,,'~_~ a.~ $i~ned to dL~!V
execute this service upon the following defendant: JOHN A. COOK at ROUTE 4, BOX 3715.
ATOKA, OKLAHOMA 74525. I hereby depose and say:
I ) That I am of the necessary age and sound mind to execute said service.
.3) That I am not a party to the action or have any interest in it.
.3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private
investigator.
I hereby certify that on ,,.~-,~?-& ! at approximately ~ ~la.m.C.lp.m. a true and correct
copy of the NOTICE AND COMPLAINT were served on the above-named party or witness in the
following manner:
~! I personally delivered them into the hands of the person to be served.
r-I By leaving a copy at his/her usual place of abode with , whose
relationship to the defendant ~s , and who is of suitable age and discretion
and also residing therein.
r-I By leaving a copy with , the manager/clerk of place of lodging in which
defendant resides.
r-I By leaving a copy with , the agent in cha~ge of defendant's office or
usual place of business. Job title or position of agent is
r-I After due and diligent efforts, described below, I was unable to serve the process
Description of Recipient:
Sex: ~ Race: ~ ApproximateHaight:~ ' ApproximataWeight:l?~ Approxirnate^g*:~,~O
FURTHER AFFIDAVIT SAYTH NOT.
'/'~ ~., Su..".acHhe¢! and ~.',~rn to before me this
signature 6f ProceSs Server d:,y ot'/~Z,/',,~$ , 2001.
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
9TH JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT OF SERVICE OF PROCESS
TAYLOR-WHARTON GAS EQUIPMENT, A NO. 01-2539
DIVISION OF HARSCO CORPORATION
Plaintiff CIVIL ACTION - LAW
COOK LP GAS, INC.,
JOHN A. COOK AND LARE'FrA COOK
D~t'¢ndant
Know all persons by these presents that I, ~, was asbigned to duly
execute this service upon the following defendant: LARE'I-rA COOK at ROUTE 4. BOX 3715.
ATOKA, OKLAHOMA 74525. I hereby depose and say:
l) That I am of the necessary age and sound mind to execute said service.
2) That I am not a party to the action or have any interest in it.
3) That I am an agent of Eric J. Kerohner, a Monroe County, Pennsylvania licensed private
investigator.
I hereby certify that on ,5'-,q,;t-/31 at approximately /f;3~ ~a.m. Qp.m. a true and correct
copy of the NOTICE AND COMPLAINT were served on the above-named party or witness in the
following manner:
~. I personally delivered them into the hands of the person to be served.
r-I By leaving a copy at his/her usual place of abode with , whose
relationship to the defendant is , and who is of suitable age and discretion
and also residing therein.
r-I By leaving a copy with , the manager/clerk of place of lodging in which
defendant resides.
I-I By leaving a copy with , the agent in charge of defendant's office or
usual place of business. Job title or position of agent is
[] After due and diligent efforts, described below, I was unable to serve the process
because:
Description of Recipient:
Sex. F Race: J~) Approximate Height: ,~'~ " Approximate Weight: /~b Approximate Age: :~L
FURTHER AFFIDAVIT SAYTH NOT.
Subscribed and sworn to before mc this
~rver day of ~./,~$ ,
2001.
Not;u3' Public ~.~
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
9T' JUDICIAL DISTRICT
COMMONWEALTH OF PENNSYLVANIA
AFFIDAVIT OF SERVICE OF PROCESS
TAYLOR-WHARTON GAS EQUIPMENT, A NO. 01-2539
DIVISION OF HARSCO CORPORATION
Plaintiff CIVIL ACTION - LAW
IN MORTGAGE FORECLOSURE
COOK LP GAS, INC.,
JOHN A. COOK AND LARETTA COOK
Defendant
Know all persons by these presents that I, ~. was assigned to duly
execute this service upon the following defendant:A. COOK AND JJOHN OHN A. COOK AS
PRESIDENT OF COOK LP GAS INC. at ROUTE 4. BOX 3715, ATOKA, OKLAHOMA 74525. I
hereby depose and say:
I ) That I am of the necessary age and sound mind to execute said service.
2) That I am not a party to the action or have any interest in it.
3) That I am an agent of Eric J. Kerchner, a Monroe County, Pennsylvania licensed private
investigator.
I hereby certity that on 5122/01 at approximately 11:30 a.m. a true and correct copy of the NOTICE
AND COMPLAINT were served on the above-named party or witness in the following manner:
~ I personally delivered them in~ the hands of the person to be sewed.
I-I By leaving a copy at his/her usual place of abode with , whose
relationship to the defendant is , and who is of suitable age and discretion
and also residing therein.
i'-I By leaving a copy with , the manager/clerk of place of lodging in which
defendant resides.
i-I By leaving a copy with , the agent in charge of defendant's office or
usual place of business. Job title or position of agent is
CI After due and diligent efforts, described below, I was unable to serve the process
h?'~llSp .................................
Description of Recipient:
Sex: MALE Race: CAUCASIAN Approximate Height: 6' Approximate We,ght. 175 Approximate Age: 50
FURTHER AFFIDAVIT SAYTH NOT.
and sworn to betbre m.e.this
Subscribed
TAYLOR-WHARTON GAS : IN THE COURT OF COIVIMON PLEAS
EQUIPMENT, A DIVISION OF : CUMBERLAND COUNTY, PENNSYLVANIA
HARSCO CORPORATION, :
Plaintiff
VS.
NO. 01-2539 CIVIL TERM
COOK LP GAS, INC., : CIVIL ACTION-LAW
JOHN A. COOK AND LAI~TTA COOK,:
Defendants :
TO THE PROTHONOTARY:
Please enter judw~lient in favor of the Plaintiff and against the Defendants in
the amount of $30,775.39, plus continuing interest at contract rate, plus costs of suit
and attomey's fees, for failure to file an Answer to the Complaint, and after Ten Days
No~ice of Default under Pa. R.C.P. 237.1.
I hereby certify that a Ten Days Notice of Default was marled to the Defendants
on July 2, 2001 in accordance with the above referenced Rule.
Respectfully submitted,
PURCELL, KRUG & HALLER
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
Date: July 24, 2001
TAYLOR-WHARTON GAS EQUIPMENT, A ' IN THE COURT OF COMMON PLEAS
DIVISION OF HARSCO CORPORATION · CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
: NO. 01-2539 CIVIL TERM
COOK LP GAS, INC.,
JOHN A. COOK AND LARETTA COOK,
Defendants · JURY TRIAL DEMANDED
TO: Cook LP Gas, Inc. Defendant
Route 4, Box 3715, Atoka, Oklahoma 74525
and
Harold L. Witcher, Esquire
H.C. 80, Box 350
Atoka, OK 74525
DATE OF NOTICE: July 2, 2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRI i I ~'N 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 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 NOTICE
TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Uben'y Avenue
Carlisle, PA 17~13 (717) 249-3166 (800) 990-9108
PUR/~~,._& HALLER
BY~
! / 29955
v 1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
N~OTICIA IMPORTANT~E
TO: Cook LP Gas, Inc. Defendant
Route 4, Box 3715, Atoka, Oklahoma 74525
and
Harold L. Witcher, Esquire
H.C. 80, Box 350
Atoka, OK 74525
FECHA DE NOTICIA: July 2, 2001 , L AVISO ANTERIOR PORQUE HA FALTADO EN
HA COMPLIDO CON E SI USTED NO ACUTA
USTED NO CTO A ESTE CASO. E
~- S REQUERIDAS RESPE_(_ OTICIA, ES POSIBLE QU . _
.OMAR MEDI_D.A_.. ,,,,, n,A= DESDE LA I=P-CHA DE ESTA N PODRIA
DENTRO DE UIt:~ t~u~ ~'~
UN FALLO SERIA RESlTRADO CONTRA USTED SIN UNA AUDENClA Y USTED
OS DERECHOS IMPORTANTES- USTED DEBE
SU PROPIEDAD O OTR /L SI USTED NO TIENE
PERDE-R .... -,'"'~'ICIA A SU ABOGADO EN SEG_U_/D./....,n_~ nE UN ABAOGADO, VAYA
co. ....
O LLAME A LA OFICINA AB/MO PARA AVERIGUAR A DONDE USTED PUEDE OBTENER
LA AYUDA LEGAL.
Cumberland County Bar Assoclatlo
2 Liberty Avenue
Carlisle, PA 17013 (717) 249-3166 (800) 990-9108
TAYLOR-WHARTON GAS EQUIPMENT, A : IN THE COURT OF COMMON PLEAS
DIVISION OF HARSCO CORPORATION : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS.
: NO. 01-2539 CIVIL TERM
COOK LP GAS, INC.,
JOHN A. COOK AND LARETTA COOK,
Defendants : JURY TRIAL DEMANDED
Z~O'~'r G~ ?0 ~T.I~T)
TO: John A. Cook, Defendant
Route 4, Box 3715, Atoka, Oklahoma 74525
and
Harold L. Witcher, Esquire
H.C. 80, Box 350
Atoka, OK 74525
DATE OF NOTICE: July 2, 2001
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE
PERSONALLY OR BY A'I-I'ORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR
OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 NOTICE
TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17'~1-3 (717) 249-3186 (800) 090-9108
PURCELL. KRUG & HALLER
/ . 29955
~"/'19 North Front Street
Harrisburg, PA 17102
(717) 234-4178
NOTICIA IMPORTANT~
TO: John A."Cook, Defendant
Route 4, Box 3715, Atoka, Oklahoma 74525
and
Harold L. Witcher, Esquire
H.C. 80, Box 350
Atoka, OK 74525
FECHA DE NOTIClA: July 2, 2001
PLIDO CON EL AVlSO ANTERIOR PORQUE HA FALTADO EN
USTED NO HA COM ___ O SI USTED NO ACUTA
DENTRO DE DI~ (10) DIAS DE~u~ ~ r~-~ ~- -
UN FALLO S IMPORTANTES.
PERDER SU PROPIEDAD ~-P~2~[~GUIDA SI USTED NO TIENE
LLEVAR ESTA NOTICIA ~ ~U ~u~ ~" SERVI~IOS DE UN ~AOG~O, ~A
ABOGADO O NO TIENE CON ~UE PAGAR L~,~ ~ n~NDE USTED PUEDE OBTENER
O L~E A ~ OFICINA AB~O PA~ AVER%~u~ ~ .v
~ AYUDA LEGAL.
Cumberland County Bar Association
2 Libe~ Avenue
Carlisle. PA 17013 (717) 249-31~ (800) 990-9108
TAYLOR-WHARTON GAS EQUIPMENT, A · IN THE COURT OF COMMON PLEAS
DIVISION OF HARSCO CORPORATION . CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
vs. - NO. 01-2539 CIVIL TERM
COOK LP GAS, INC.,
JOHN A. COOI~ AND LARE'I'rA COOK,
Defendants ' JURY TRIAL DEMANDED
TO: Laretta Cook, I~efendant
Route 4, Box 3715, Atoka, Oklahoma 74525
and
Harold L. Witcher, Esquire
H.C. 80, Box 350
Atoka, OK 74525
DATE OF NOTICE: July 2, 2001
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 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 NOTICE
TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND oUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 170~k3 (717) 249-3166 (800) 990-9108
PURCE(~UG~
BY ~"~ ." -
.(~29955
1719 North Front Street
Harrisburg, PA 17102
(717) 234-4178
NOTICIA IMPORTANT;:
TO: Laretta Cook, Defendant
Route 4, Box 3715, Atoka, Oklahoma 74525
and
Harold L. Witcher, Esquire
H.C. 80, Box 350
Atoka, OK 74525
FECHA DE NOTIClA: July 2, 2001
O HA COMPLIDO CON EL AVISO ANTERIOR PORQUE HA FALTADO EN
USTED N SO SI USTED NO ACUTA
TOMAR M DIDAS REQUERIDAS RESPECTO A ESTE CA . _ ....... ,.,, ,~
DENTRO ~)FE DIEZ (10) DIAS DESDE LA FECHA DE ESTA NOTICIA, ES pU=51t~LC wu,-
UN FALLO SERIA RESITRADO CONTRA USTED SIN UNA AUDENClA Y USTED PODRIA
SU PROPIEDAD O OTROS DERECHOS IMPORTANTES. USTED DEBE
PERDER D SI USTED NOTIENE
LLE NOTIClA A SU ABOGADO EN SEGUI A.
VAR ESTA IENE CON QUE PAGAR LOS SERVlClOS DE UN ABAOGADO, VAYA
ABOGADO O NO T ....... * *,,~m~-HAR A DONDE USTED PUEDE OBTENER
0 LLAME A LA OFICINA ABAJU ~,~.w~ ~v~r~,~,.,
LA AYUDA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013 (717) 249-3166 (800) 990-9108