HomeMy WebLinkAbout11-7034IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION `Y
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MASDA CORPORATION, CIVIL ACTION - LAW
C-7
Plaintiff, - T1.
No. 60
vs.
TOM BLOSER AND STEVE BLOSER COMPLAINT IN CIVIL ACTION
together trading as BLOSER STOVE SHOP,
Defendants.
Filed on Behalf of Plaintiff,
MASDA CORPORATION
COUNSEL OF RECORD FOR THIS
PARTY:
John R. Keating, Esquire
PA I.D. No. 52779
KEATING LAW FIRM, P.C.
4232 Northern Pike, Suite 202
Monroeville, PA 15146
(412) 856-8484 Phone
(412) 856-4444 Fax
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MASDA CORPORATION,
Plaintiff,
CIVIL ACTION - LAW
No.
vs.
TOM BLOSER AND STEVE BLOSER
together trading as BLOSER STOVE SHOP,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 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, THEN YOU SHOULD GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford St.
Carlisle, PA 17013
(800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MASDA CORPORATION, ) CIVIL ACTION - LAW
Plaintiff, ) No.
vs. )
TOM BLOSER AND STEVE BLOSER )
together trading as BLOSER STOVE SHOP, )
Defendants. )
COMPLAINT IN CIVIL ACTION
1. Plaintiff, MASDA CORPORATION (hereinafter "Plaintiff') is a corporation
with a mailing address of 22 Troy Road, P.O. Box D, Whippany New Jersey 07981.
2. Defendant, TOM BLOSER is an adult individual trading and doing
business with his co-defendant as BLOSER STOVE SHOP having an address of 100
Barnstable Road, Carlisle, PA 17015-7420.
3. Defendant, STEVE BLOSER is an adult individual trading and doing
business with his co-defendant as BLOSER STOVE SHOP having an address of 100
Barnstable Road, Carlisle, PA 17015-7420.
4. The Defendants liability to Plaintiff is joint and several and they shall
hereinafter be referred to collectively as Defendants.
5. Between on or about October 23, 2008 through June 30, 2011, Plaintiff, at
the request of the Defendants, sold and delivered certain goods at the times and in the
amounts fully set forth on Plaintiffs invoices, a true and correct copy of which are
attached hereto, made a part hereof and marked as Exhibits "1" pages 1 through 3.
6. The prices charged for the said goods were the fair, reasonable and
market prices of the same at the time they were sold and delivered to the Defendants,
and further are the prices that they agreed to pay.
7. Plaintiff has demanded payment of the balance due as set forth on
Plaintiffs Statement of Account of $11,753.53 including service charges through July
12, 2011. A copy of which is attached hereto and made a part hereof and marked as
Exhibit "4". The Defendants have failed and refused to pay in full the balance due.
8. By the terms of sale interest at a rate of 18% became due and payable
from due date August 12, 2011 per the terms of credit agreed upon by the parties as
reflected on the Credit Application which is attached hereto, made a part hereof and
which is marked as Exhibit 'A".
9. Per the Credit Application Defendants are also liable for Plaintiff's
reasonable and actual attorney's fees which calculate to be $1,633.96.
WHEREFORE, Plaintiff requests judgment in its favor and against the
Defendants, TOM BLOSER and STEVE BLOSER individually and together trading as
BLOSER STOVE SHOP in the principal sum of $11,753.53 with interest at a rate of
18% thereon from August 12, 2011 and attorney's fees of $1,633.96 together with cost.
KEATING LAW FIRM. P.C.
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Wholesale Distributors • Major Home Appliances
22 Troy Road, P.O. Box D * Whippany, New Jersey 07981 ' N.J. (973) 386-1100 Outside N.J. (800) 221-1425
SOLD TO:
BLOSER STOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
SHIP TO:
BLOSER STOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
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QUANTITRE3 ORDERED AND NOT CHARGED ON THIS INVOICE WILL BE BACK-ORDERED AND SHIPPED AS SOON AS POSSIBLE. MERCHANDISE MAY NOT BE RETURNED WITHOUT OUR WRITTEN
CONSENT. MERCHANDISE RETURNED FOR CREDIT MUST BE IN SALABLE CONDITION, IN ORIGINAL PACKING AND IS SUBJECT TO 20% RESTOCKING CHARGE ALL CLAIMS MUST BE MADE
WITHIN FIVE DAYS Of DATE OF INVOICE. AL FEES INCURRED BY SUBJECT R PRICE IN EFFECT AT TIM 'S SHIPMENT. THE TIMELY R. AGREES TO PAY A SERVICE CHARGE Or I.5% PER MONTH. BY REASON OF PLUS
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PER ANNUM, Thank you so much for your patronage.
We genuinely appreciate you as our customer.
Remit To: L
MASDA/PENN 1859 Chammings Court -Vineland, NJ 08360 • (1[56) 563-1555 • (800) 382-2631
Masda Corporation MASDA/N.Y. 300 Catherine Street • Utica NY 13501 • (315) 7R: -3181
P.O. Box D MASDA/VA 207 E German School Rd • Richmond, VA 232244 (800) 227-3439
Whippany, NJ 07981-0403
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VUANnTiES ORDERED AND NOT CHARGED ON THIS rNYO1CE Wal BE BACKORDERED AND SHDPED AS SOON AS POSSIBLe. MERCHANDISfi MAY NOT BE RETURNED WITHOUT OUR W KITTEN
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I r%PER ANNUM, PLUS ANV AND ALL LEGAL FEES INCURRED BY SELLER BY REASON OF PURCHASER'S PARURE TO MAKE TIMELY PAYMENT,
Thank you so much for your patronage.
Remit To: We genuinely appreciate you as our customer.
Masda Corporation MASDA/PENN 1859 Chammings Court* Vineland, NJ 08360 • (856563-1555 • (800) 382-2631
P.O. Box D MASDA/N.Y. 300 Catherine Street • Utica, NY 13501 + (315) 724.3b 81
Whippany, NJ 07981-0403 MASDANA 207 E German School Rd • Richmond, VA 23224 + (800) 227-3439
ORIGINAL
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Wholesale Distributors • Major Home Appliances
22 Troy Road, P.O. Box D • Whippany, New Jersey 07981 • N.J. (973) 386-1100. Outside N.J. (800) 221-1425
SOLD TO:
BLOSERSTOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
SHIP TO:
BLOSER STOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
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QUANTITIES ORDERED ANT) NOT CHARGED ON THIS INVOICE WILL BE BACKORDERED AND SHIPPED AS SOON AS POSSIBLE. MERCHANDISE MAY NOT BE RETURNED WITHOUT OUR WRITTEN
CONSENT. MERCHANDISE RETURNED FOR CREDIT MUST BE IN SALABLE CONDITION, lN ORIGINAL PACKING AND IS SUBJECT TO 2091 RESTOCKING CHARGE. ALL CLAIMS MUST BE MADE
WIT)RN FIVE DAYS OF DATE OF INVOICE. ALL MERCHANDISE SUBJECT TO PRICE IN EFFECT AT TIME OF SHSPNIENT. THE PURCHASES. AGREES TO PAY A SBRVICE CHARGE OF 1.5% PER MONTH,
12% PEP. ANNUM. PLUS ANY AND ALL LEGAL PEES INCURRED BY SELLER BY REASON OF PURCHASERS FAILURE TO MAKE TIMELY PAYMENT.
Thank you so much for your patronage.
We genuinely appreciate you as our custome .
Remit To:
Masda Corporation MASDA/PENN 1859 Chamminp Court- Vineland, NJ 06360 • (56) 563-1555 • (800) 382-2631
P.O. Box D MASDA/N.Y. 300 Catherine Street • Utica, NY 13501- (315) 724-3191
MASDA/VA 207 E German School Rd • Richmond, VA 23224 • (800) 227-3439
Whippany, NJ 07981-0403
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ORIGINAL
STATEMENT OF ACCOUNT
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? RPORATION 308720 07.12-2011
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Who esale Distributors * Major Home Appliances Remit To: Masda * Corp
22 Troy Road, P.O. Box D Whippany, New Jersey 07981 P.O. Box D
N.J. (973) 386-1100 * Outside N.J. (800) 221-1425 Whippany, New Jersey 07981-0403
3,844.85
0.00
BLOSER STOVE SHOP 0.00 I
100 BARNSTABLE ROAD 0.00 _
0.00
CARLISLE, PA 17015-7420 7,908.68
549197 10-23-2008 In 274.89 - - -
551568 12-05-2008 In 8,521.20
552873 12-31-2008 In, 512.59
20081130 106-30-2011 SCi 3,844.85
1126 04-22-2009 Ckl -500.00
1241 01-31-2010 Ck: -200.00
1301 03-08-2010 Ck! -200.001
1333 10-19-2009 Ck' -100.0011
1455 i09-07-2010 Ck -200.00
1570 01-20-2011;Ck -200.00
Acct No: 308720 BLOSER STOVE SHOP * Please return the bottom onion with our remittance. * Page 1
549197 10-23-2008In 274.89 -
551568 12-05-2008 In, 8,521.201
552873 12-31-2008 In 512.591
20081130 06-30-2011ISC' 31844.85
1126 04-22-20091 Ckl -500.00 1
1241 01-31-20101 Cki -200.00
1301 03-08-20101Ckl -200.00
1333 10-19-2009 Ck', -100.00
1455 09-07-2010 Ck -200.001
1570 101-20-2011, Ckl -200.00
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UNSWORN VERIFICATION
1, 1L 2 ?!! c/a,estate that I am the
/%7cfrl l cal Z?_ of the Plaintiff, MASDA CORPORATION herein. I have
reviewed the annexed Complaint and believe the facts contained therein are true
and correct to the best of our knowledge, information and belief. I believe that
the corporation will be able to prove these facts at trial.
THIS DECLARATION IS MADE BY ME WITH THE KNOWLEDGE THAT
IT IS SUBJECT TO THE PENALTIES OF 18 PA. C.S. ' 4904, RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
MASDA CORPORATION.
BY: lzf?l?
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
OFF,F r TK $", RPAF€
HE PRC11 HC?'? ? ;.
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
11911 SEP 26 PM 2: 23
CJJMBERLA?,D COW,!'I ,..
PENNS`r'LVAHIA
Masda Corporation Case Number
vs. 2011-7034
Tom Bloser T/A Bloser's Stove Shop (et al.)
SHERIFF'S RETURN OF SERVICE
09/19/2011 04:21 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
September 19, 2011 at 1621 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Tom Bloser t/a Bloser's Stove Shop, by making known unto Steve Bloser,
Brother of Defendant at 150 Barnstable Road, Carlisle, Cumberland County, Pennsylvania 17015 its
contents and at the same time handing to him personally the said true a correct copy of the same.
sf?AWGUTSWALL, DEPUTY
09/19/2011 04:21 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
September 19, 2011 at 1621 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Steve Bloser t/a Bloser's Stove Shop, by making known unto himself
personally, at 150 Barnstable Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at
the same time handing to him personally the said true and correct copy f the same.
A(19L
UTS LL, DEPUTY
SHERIFF COST: $50.00
September 22, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, 7eieosoft WC
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MASDA CORPORATION,
Plaintiff,
vs.
TOM BLOSER AND STEVE BLOSER
Together trading as BLOSER STOVE
SHOP,
Defendants.
CIVIL ACTION - LAW
No. 11 - 7034
MOTION FOR SUMMARY JUDGMENT
Filed on Behalf of Plaintiff,
MASDA CORPORATION
COUNSEL OF RECORD FOR THIS
PARTY:
John R. Keating, Esquire ,
PA I.D. No. 52779
very c..? ? _:_
KEATING LAW FIRM, P.C `Y
4232 Northern Pike, Suite 2QZ-y
Monroeville, PA 15146
(412) 856-8484 Phone - -'
(412) 856-4444 Fax
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MASDA CORPORATION,
CIVIL ACTION - LAW
Plaintiff,
vs.
TOM BLOSER AND STEVE BLOSER
Together trading as BLOSER STOVE
SHOP,
Defendants.
No. 11 - 7034
MOTION FOR SUMMARY JUDGMENT
AND NOW, comes the Plaintiff, MASDA CORPORATION, by and through its
attorneys, John R. Keating, Esquire and Keating Law Firm, P.C., and present the
following Motion for Summary Judgment and in support thereof avers as follows:
1. The matter has not previously been ruled upon by any Judge of this Court.
2. Plaintiff filed this action against Defendant to recover for unpaid invoices
for goods and materials sold to Defendant between October 23, 2008 and June 30,
2011.
3. On or about December 2, 2011, Plaintiff directed Request for Admissions
with Interrogatories and Request for Production of Documents directed to the
Defendants. A true and correct copy of said Request for Admissions, are attached
hereto as Exhibit A.
4. Defendants have not responded to Plaintiffs Request for Admissions.
5. Pursuant to Pa. Rule of Civil Procedure 4014(b), the requests for
admissions have been admitted by Defendants due to their failure to respond to them.
6. Defendant has admitted that they purchased and took delivery of product
from Plaintiff during the period October 23, 2008 and June 30, 2011. See Request for
Admission: No. 2 and 3.
7. Defendants have admitted that they did not make payment to Plaintiff for
all of the materials that it took delivery of during the period of October 23, 2008 and
June 30, 2011. See Request for Admission No. 4.
8. Defendants have admitted that at the time of sale, they agreed that the
prices charged by Plaintiff for the said goods and materials were the fair, reasonable
and market prices. See Request for Admission No. 7.
9. Defendants have admitted that Plaintiff has demanded payment of the
balance reflected on the Statement of Account that was attached as Exhibit "4". See
Request for Admission No. 8.
10. Defendants have admitted that they have not paid Plaintiff for any part of
the $11,753.53 reflected on Exhibit "4". See Request for Admission No. 9.
11. Defendants have admitted that they owe Plaintiff $11,753.53. See
Request for Admission No. 10.
12. Defendants have admitted that they are not entitled to any credits from
Plaintiff tol be applied to the outstanding balance that is due. See Request for
Admission No. 11.
13. Defendants have admitted that they have used all of the product that had
been purchased from Plaintiff during the period of October 23, 2008 through June 30,
2011. Seib Request for Admission No. 12.
14. Defendants have admitted that they are obligated to pay interest at the
agreed upon rate of 18% per annum from August 12, 2011. See Request for Admission
No. 15.
15. Defendants have admitted that as per the Credit Application they are
liable for Plaintiff's reasonable and actual attorney's fees of $1,633.96.
16. Plaintiff's counsel has made repeated demands on the counsel for the
Defendants but no response has been received.
Respectfully submitted,
KEATING LAW FIRM, P.C.
f ting, Esquire
52779
rn Pike, Suite 202
PA 15146
84
44 (FAX)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MASDA CORPORATION,
CIVIL ACTION - LAW
Plaintiff,
No. 11-7034
vs.
TOM BLOSER AND STEVE BLOSER
Together trading as BLOSER STOVE
SHOP,
FIRST REQUEST FOR ADMISSIONS
WITH INTERROGATORIES AND
REQUEST FOR PRODUCTION OF
DOCUMENTS
Defendants,
Filed on Behalf of Plaintiff,
MASDA CORPORATION
COUNSEL OF RECORD FOR THIS
PARTY:
John R. Keating, Esquire
PA I.D. No. 52779
KEATING LAW FIRM, P.C.
4232 Northern Pike, Suite 202
Monroeville, PA 15146
(412) 856-8484 Phone
(412) 856-4444 Fax
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Exhibit " - " Page"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MASDA CORPORATION,
Plaintiff,
CIVIL ACTION - LAW
No. 11-7034
vs.
TOM BLOSER AND STEVE BLOSER
together trading as BLOSER STOVE SHOP,
Defendants
TO: Tom Bloser and Steve Bloser
together trading as Bloser Stove Shop
c/o William P. Douglas, Esquire
Douglas Law Office
43 West South Street
Carlisle, PA 17013
The Plaintiff, pursuant to Rules 4005, 4006, 4009 and 4014, of the Pennsylvania
Rules of Civil Procedure hereby requests that the Defendant, TOM BLOSER AND
STEVE BLOSER together trading as BLOSER STOVE SHOP, answer in writing and
under oath, by an officer or agent, within thirty days after service thereof, the following
Request for Admissions, Interrogatories and Request for Production of Documents in
the offices of KEATING LAW FIRM, P.C. in Monroeville, Pennsylvania. These
Requests for Admission, Interrogatories and Requests to Produce shall be deemed
continuing so as to require the filing of supplemental or amended responses, answers
or production of documents prior to trial In the event that additional or different
Z--
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Exhibit " AL 11 page"
information or documents become available or are obtained in accordance with Rule
4007.4 of the Pennsylvania Rules of Civil Procedure. The Plaintiff reserves the right to
serve supplemental or additional requests for admission, interrogatories and request for
production of documents.
If a claim of privilege is made with respect to any meeting, communication, act or
document, identify the meeting, communication, act or document, and state the basis
for the privilege claimed.
Exhibit " /+, " Page"
„ 3
DEFINITIONS
1. "Identify": As the terms used herein, identify shall have the following
meaning:
(a) When identifying a person to describe such person's:
(i) full name;
(ii) last known business address and last known residence address;
(iii) present or last known business affiliation at the time in question;
and
(iv) the business and residence telephone numbers of such person.
(b) When identifying a document or writing to:
(i) identify the author thereof, any and all parties hereto, and, if the
case, the name of the person who signed the document;
(ii) state its title, number, code or other identifying data;
(iii) state the number of pages, if the document contains more than one
page;
(iv) identify any attachment or supplemental items incorporated with
the document;
(v) state the date on which the document was prepared but if not
known the approximate date;
(vi) state the date appearing on the document;
(vii) state the transaction, act or occurrence to which each such
document relates and the substance of the document;
(viii) state the general description of the document;
(ix) if such document was, but no longer is, in the possession of
defendant or subject to the defendant's control, state what
disposition was made of it; and
(x) identify the present custodian of such writing or document.
Exhibit " 4- " page" ` _"
(c) When identifying an oral communication:
(i) identify the person to whom the communication and the person to
whom the communication was directed;
(ii) give the date, time and place of the communication;
(iii) give the content of the communication in as verbatim a form as
possible;
(iv) give the conversational context in which the statement or
utterance was made;
(v) identify any other persons present when the communication was
made;
(vi) state whether such statement or utterance was later reduced to
writing, in whole or in part, and, if so, identify such writing; and
(vii) identify each document relating or referring to such oral
statement or utterance.
2. "Document" means the originals, or any copies when originals are not
available, unless otherwise stated, and any non-identical copies, whether different from
the original because of notes made on such copies or otherwise, and writings of every
kind and description, whether inscribed by hand or by mechanical, electronic,
photographic or other means, as well as phonic, such as tape recordings, or visual
representations of oral statements, conversations or events and including, but not
limited to, correspondence, letter agreements, reports, records, price lists, quotations,
memoranda, financial statements, telephone call slips, information stored in computers,
teletype message, internal memoranda, notes, reports, contracts, records of meetings,
conferences or telephone or other conversations or communications, computer
printouts, and computer stored data.
3. "Oral Communications" as the term is used herein shall include any
utterance heard by another person, whether in person, by telephone or otherwise.
" 5`11
Exhibit page
4. The term "person" or "persons" means natural persons, firms,
partnerships, governmental entities, associations and corporations, and divisions,
departments or other units thereof.
5. When used in the course of an enumeration of items as to which
documents or information is required, the words "or" and "and" are to be construed as
requesting documents or information as to each item in the enumeration, the same as if
the entire request had been addressed solely to that time.
6. "You" or "Your" mean when used herein shall mean TOM BLOSER AND
STEVE BLOISER together trading as BLOSER STOVE SHOP and each and every
other person or legal entity within its direct or indirect control or in which it holds any
equity or other interests, its employees, agents, representatives, and any other persons
or corporations acting in a consulting or advisory capacity or acting or purporting to act
on behalf of any of the foregoing.
Exhibit " " Page 11 ="
INSTRUCTIONS
In answering each interrogatory:
(a)
(b)
(c)
The information requested is for all information known to you and
available at the time of answering, including information in the possession
of your agents.
To the extent any information called for by these Interrogatories is
unknown to you, so state, and set forth such remaining information as is
known. If any estimate or general description can reasonably be made in
place of unknown information, set forth your best estimate or general
description, clearly designating the answer as such, in place or unknown
information, and the basis upon which the estimate or general description
is made.
To the extent any interrogatory is objected to, set forth all reasons
therefore. If you claim any privilege as a ground for not answering any
interrogatory, whether in whole or in part, describe the factual basis for
your claim or privilege in sufficient detail so as to permit the court to
adjudicate the validity of the claim.
These interrogatories shall be deemed continuing. If further information is
obtained between the time answers are served and the time the judgment
is satisfied you must supply additional answers. Such additional answers
shall be served from time to time, but not later than thirty days after such
additional information is received.
Exhibit " ,?_ of page " ="
REQUEST FOR ADMISSION NO. 1
Please admit that you, Tom Bloser and Steve Bloser are individuals together
trading as Bloser Stove Shop with an address of 100 Barnstable Road, Carlisle,
Cumberland' County, Pennsylvania 17015.
REQUEST FOR ADMISSION NO. 2
Please admit that you purchased goods and materials from Plaintiff, Masda
Corporation on credit.
REQUEST FOR ADMISSION NO. 3
Please admit that you took delivery of product from Plaintiff during the period of
October 23,2008 through June 30, 2011.
REQUEST FOR ADMISSION NO.4
Please admit that you have not made payment to Plaintiff for all of the goods and
materials that you took delivery of during the period of October 23, 2008 through June
30, 2011.
REQUEST FOR ADMISSION NO. 5
Please admit the authenticity of the document attached hereto, made a part
hereof and marked as Exhibits "1" through "W.
Exhibit " A'- " Page " ?K .1
REQUEST POR ADMISSION NO.6
Please admit that Exhibits "1" through "3" are true and correct copies of Plaintiffs
invoices.
REQUEST FOR ADMISSION NO.7
Please admit the truth of the following averment. At the time of sale, you agreed
that the prices charged by Plaintiff for the said goods and materials were the fair,
reasonable and market prices of the same at the time they were sold.
REQUEST I,OR ADMISSION NO.8
Pleasle admit the truth of the following averment. Plaintiff has demanded
payment of the balance reflected on the Statement of Account that is attached as
Exhibit 'A".
REQUEST FOR ADMISSION NO.9
Please admit the truth of the following averment. You have not paid Plaintiff any
part of the $11,753.53 reflected on Exhibit 'A".
REQUEST FOR ADMISSION NO. 10
Please admit the truth of the following averment. You owe Plaintiff $11,753.53.
REQUEST POR ADMISSION NO. 11
Please admit that you are not entitled to any credits from Plaintiff to be applied
toward the outstanding balance that is due.
Exhibit "A--" Page " 9--of
REQUEST FOR ADMISSION NO. 12
Please admit the truth of the following averment. You have used all of the
product that had been purchased from Plaintiff during the period of October 23, 2008
through June 30, 2011.
REQUEST ,QR ADMISSION NO. 13
Please admit the authenticity of the document attached hereto, made a part
hereof and marked as Exhibit "4".
REQUEST FOR ADMISSION NO. 14
Please admit that Exhibit 'A" is a true and correct copy of Plaintiffs Statement of
Account..
REQUEST FOR ADMISSION NO. 15
Please admit that by the terms of sale you are obligated to pay interest at the
agreed upon rate of 18% per annum from August 12, 2011.
REQUEST FOR ADMISSION NO. 16
Please admit that per the Credit Application you are liable for Plaintiffs
reasonable and actual attorney's fees of $1,633.96.
Exhibit " A- .Page )0
INTERROGATORY NO. 1
If your response to any of the foregoing Request for Admissions number 1
through 16 is any response other than an unqualified admission, state with particularity
as to each such request and in detail all facts on which you have relied, and on which
you intend to rely at trial, to support any such response to the admission requested.
Please indicate which Request for Admission you are responding to.
ANSWER TO INTERROGATORY NO. 1
INTERROGATORY NO.2
If your response to any of the foregoing Request for Admissions number 1
through 16 is any response other than an unqualified admission, identify any and all
documents and oral communications which relate to, refer to or constitute, in whole or
in part, the basis of any response which is other than an unqualified admission. Please
indicate which Request for Admission you are responding to.
ANSWER TO INTERROGATORY NO. 2
Exhibit " ! A-- 11 Page" I="
INTERROGATORY NO. 3
If your response to any of the foregoing Request for Admissions number 1
through 16 is any response other than an unqualified admission, identify all persons
who have personal knowledge of the facts on which you intend to rely to support any
response which is other than an unqualified admission and state the source and
circumstances of such knowledge. Please indicate which Request for Admission you
are responding to.
ANSWER TO INTERROGATORY NO. 3
INTERROGATORY NO.4
In paragraph 7 of your Answer you stated that you do not agree with the amount
alleged amount owed. With regard to that averment please state with particularity and
in detail all facts on which you have relied, and on which you intend to rely at trial to
support that defense
ANSWER TQ INTERROGATORY NO 4
Exhibit " A to Page " of
INTERROGAMRY NO. 5
In paragraph 9 of your Answer you stated that there is no legal basis for the
reasonable and actual attorney's fees. With regard to that averment please state with
particularity and in detail all facts on which you have relied, and on which you intend to
rely at trial to support that defense
ANSWER TO INTERROGATORY NO. 5
INTERROGATORY NO.6
With reference to Exhibits °1" through 'A" that are attached hereto, please
indicate which specific portion of Plaintiffs claim you are disputing.
ANSWER TO INTERROGATORY NO.6
11 n I n
Exhibit " /+-- ? -.-----
REQUEST TO PRODUCE NO. 1
Produce for inspection and copying each document identified in your response to
the foregoing Request for Admissions and Interrogatories.
REQUEST TO PRODUCE NO.2
Produce for inspection and copying each document to which you referred in
preparing your responses to the foregoing Request for Admissions and Interrogatories.
REQUEST TO PRODUCE NO. 3
Produce for inspection and copying each document relating to the defense set
forth in your Answer.
REQUEST TO PRODUCE NO.4
Please produce for inspection and copying each and every document,
memoranda, photograph, or other tangible material which contradicts, detracts from, or
tends to prove any denial or affirmative defense raised in your Answer to Plaintiffs
Complaint.
REQUEST TO PRODUCE NO. 5
Please produce for inspection and copying each and every document,
memoranda, photograph, or other tangible material which contradicts, detracts from, or
tends to disprove any claim or demand which is the basis of Plaintiffs Complaint.
Exhibit " /4--.1 Page "
REQUEST TO PRODUCE NO.6
Please produce for inspection and copying each document that you intend to
introduce as an exhibit at the time of trial.
REQUEST 10 PRODUCE NO.7
Please produce for copying and inspection any and all documents upon which
you will rely at the time of trial whether or not the same will be introduced into evidence.
REQUEST 10 PRODUCE NO. 8
Please produce for inspection and copying each and every document,
memoranda, photograph, or other tangible material which contradicts, detracts from, or
tends to prove any denial or affirmative defense raised in your Answer to Plaintiffs
Complaint.
KEATING,JdA?N FIRM, P.C.
BY:
Attor gy for Plaintiff
Exhibit " / J -- pa9e1 5
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Wholesale Distributors' Major Home Appliances
22 Troy Road, P.O. Box D • Whippany, New Jersey 07981 • N.J. (973) 386-1100 Outside N.J. (800) 221-1425
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IC/S GRILLE GOLD F/PS/PI4O PELLET STOVE !
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CONSBNr. ANDISE RETURNBO SIIBIECT' To PRICE IN EFFECT AT TIME OF SHIPMENT. THE PURCHASM AGREES TO PAY A SERVICE CHARGE OF 1.5% PER MONTH.
I WK PER ANNUM(PLUS ANY AND ALL 'LEO FEES INCURRED BY SELLER BY REASON OF PURCHASER'S FAILURE TO MAKE TIMELY PAYMENT.
Thank you so much for your patronage.
We genuinely appreciate you as our customer.
Remit To:
MASDA/PENN 1859 Chammingl Court • Vineland, NJ 08360 • (56) 563-1555 • (800) 382-2631
Masoa Corporation MASDA/N.Y. 300 Catherine Street • Utica, NY 13501 • (315) 4-3181
P.O. Box D MASDANA 207 E Oermal School Rd • Richmond, VA 2322 • (800) 227-3439
Whippany, NJ 07981-0403 Exhibit SP " Page "
ORIGINAL
SOLD TO: SHIP TO:
BLOSER STOVE SHOP BLOSER STOVE SHOP
1001 BARNSTABLE ROAD 100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420 CARLISLE, PA 17015-7420
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Wholesale Distributors • Major Home Appliances
22 Troy Road, P.O. Box D • Whippany, New Jersey 07981 • N.J. (973) 386-1100. Outside N.J. (800) 221-1425
SOLD TO:
BLOSER STOVE SHOP
160 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
SHIP TO:
BLOSER STOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
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CIS GRILLE BLACK F/PELLET INSERT PI40 1 91.20
FREIGHT/HANDLING CHARGE 1 I I 1
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O SA 3 O AND NOT CH - ON THIS MVOK:E WILL B6 BACK ORDER6n AND SHpPan AS SOON AS POSBIB(8, MERCHANDISE MAY NOT BE RETURNED WITHOUT OUR WRITTEN
WITNM FIVE DAYS DATE OF INVOICE.. ALL ME`'ROW401SE SUBJECT TO PRICE IN EFRPECT AT TOM P C`UHIP? T Hro 8? AOItEES""? PAY A CHARSERVI EC CHARGE OP? % PER MOMH, BE MADE
1I%PER ANNUAL PL 3 ANY AND ALL LEGAL FEES INCURRED BY SELLER BY REASON OF PURCHASER'S FAILURE TO MAKE TiM6LY PAYMENT.
Thank you so much for your patronage.
We genuinely appreciate you as our customer.,
Remit To:
Maeda Corporation MASDA/PENN 1859 Chammings Court* Vineland, NJ 08360 • (856 563-1555 • (800) 382-2631
P.O. BOA as a C D MASDAIN.Y. 300 Catherine Street • Utica, NY 13501 • (315) 724-3181
M
Whippany, NJ 07981-0403 MASDA/VA 207 E German School Rd • Richmond, VA 23224 * (00) 227.3439
ORIGINAL Exhibit " ? " Page to 17 "
11 ?li l l?llllll??llll illlili I VIII III!I i II IIII Pagel ofl
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Wholesale Distributors • Major Home Appliances
22 Troy Road, P.O. Box D' Whippany, New Jersey 07981 • N.J. (973) 386-1100.Outside N.J. (800) 221-1425
SOLD TO:
MOSER STOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
I-609iivi39
PRCKNIZR6V 9203532983252
14750404
PHOTO EYE KIT REFLACEMENT PELLET WHITFIELD
9836fd
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C/S LNX IGNITOR W/CLAMPS F/ WINSLOW PELLET
9836fd
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FIREBRICK SET ADVANTAGE PLUS
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FREIGHT/HANDLING CHARGE
SHIP TO:
BLOSER STOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 1701:5-7420
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CONSENT. MOE RHTURNPD POR CREDIT MUST BB p 9ALABl.B CONDITHMI, M gUGINAL PACAINO D 1N===% NG CHAROH. ALL CLAIMS MUST BE MADE
WITHIN FIVE DA S OF DATE OF INVOICE. ALL MERCHANDISE SUBR.CT TO PRICE IN ERECT AT THE OF SHIPMENT, THE PURCHASER. AGREES TO PAY A SERVICE CHAAOE OF 1.5% PER MONTH,
18-16 PER PLUS AMY AND ALL LEGAL FEES INCURRED BY SELLER BY REASON OF PURCHASERS FAILURE TO MAKE TIMELY PAYMENT.
Thank you so much for your patronage.
We genuinely appreciate you as our custome
Remit To:
MBS Corporation MASDA/PENN 1859 Chnnmings Court' Vineland, NJ 08360 • (56) 563.1555 • (800) 382-2631
MASDA/N.Y. 300 Catherine Street' Utica, NY 13501 • (315) 4-3181
P.O. Box D MASDA/VA 207 E German School Rd' Richmond, VA 23224 • (800) 227.3439
Whippany, N3 07981-0403
ORIGINAL Exhibit "page
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MASDA CORPORATION
ho esa a istributors * Major Home Appliances
22 Troy Road, P.Q. Box D * Whippany, New Jersey 07981
N.J. (973) 386-1100 * Outside N.J. (800) 221-1425
BLOSER STOVE SHOP
100 BARNSTABLE ROAD
CARLISLE, PA 17015-7420
10-23-2008 'In 274.89
12-05-2008 In 8,521.20
12-31-2008 In 512.59
06-30-201L SC 3,844.85
04-22-2009 Ck -500.00
01-31-2010 Ck -200.00
03-08-2010 Ck -200.00
10-19-2009 Ck -100.00
09-07-2010 Ck -200.00
01-20-2011 Ck -200.00
)8720 BLOSER STOVE SHOP
* Please return
STATEMENT OF ACCOUNT 07
308720 L 07-12-2011
Remit To: Masda Corp
P.O. Box D
Whippany, New J ersey 07981-0403
3,844.85
_ 0.00
0.00
0.00 _
0.00
7,908.68
with vour remittance. *
10-23-2008Inl 274.89
12-05 -2008 In 8,521.20
12-31 -2008 In 512.59
06-30 -2011SCi 3,844.85
04-22 -2009LCkl -500.00
01-31 -2010i,Ckl -200.00
03-08 -201.Oj Ck -200.00
1 -100.00
09-07 -2010,Ck -200.00
01-20 -2011,Ck -200.00
Exhibit " of
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CERTIFICATE OF SERVICE
I, the undersigned counsel do hereby certify that a true and correct copy of the
foregoing PLAINTIFF'S REQUEST FOR ADMISSIONS WITH INTERROGATORIES
AND REQUEST FOR PRODUCTION OF DOCUMENTS was served this 2nd day of
December, 2011 by first class, U.S. mail, postage prepaid to the counsel of record
addressed as follows:
William P. Douglas, Esquire
Douglas Law Office
43 West South Street
Carlisle, PA 17013
Exhibit " /-/? " page"
It
CERTIFICATE OF SERVICE
I, the undersigned counsel do hereby certify that a true and correct copy of the
foregoing MOTION FOR SUMMARY JUDGMENT was served this 29th day of May,
2012 by First Class U.S. mail, postage prepaid to the counsel of record, addressed as
follows:
William P. Douglas, Esquire
Douglas Law Office
43 West South Street
Carlisle, PA 17013
yip
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
-aw G
MASDA CORPORATION, CIVIL ACTION - LAW Ln r- in
Tip 1
Plaintiff,
No. 11 - 7034
vs. ..,
TOM BLOSER AND STEVE BLOSER
Together trading as BLOSER STOVE
SHOP,
PRAECIPE FOR LISTING CASE
FOR ARGUMENT
Defendants.
Filed on Behalf of Plaintiff,
MASDA CORPORATION
COUNSEL OF RECORD FOR THIS
PARTY:
John R. Keating, Esquire
PA I.D. No. 52779
KEATING LAW FIRM, P.C.
4232 Northern Pike, Suite 202
Monroeville, PA 15146
(412) 856-8484 Phone
(412) 856-4444 Fax
Owl
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA, CIVIL DIVISION
MASDA CORPORATION,
Plaintiff,
CIVIL ACTION - LAW
No. 11 - 7034
vs.
TOM BLOSER AND STEVE BLOSER
Together trading as BLOSER STOVE
SHOP,
Defendants
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for
the next Argument Court.) Plaintiffs Motion for Summary Judgment
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer
complaint, etc.): Plaintiff's Motion for Summary Judgment
2. Identify all counsel who will argue cases:
Plaintiff:
John R. Keating, Esquire, Keating Law Firm, P.C., 4232 Northern Pike, Suite
Monroeville PA 15146
Defendant:
William P. Douglas, Esquire, Douglas Law Office, 43 West South Street,
Carlisle PA 17013
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: September 7, 2012
Date: Zi
Keating, Esquire
for Plaintiff
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
CERTIFICATE OF SERVICE
I, the undersigned counsel do hereby certify that a true and correct copy of the
foregoing PRAECIPE FOR LISTING CASE FOR ARGUMENT was served this 28th
day of July, 2012 by First Class U.S. mail, postage prepaid to the counsel of record,
addressed as follows:
William P. Douglas, Esquire
Douglas Law Office
43 West South Street
Carlisle, PA 17013