HomeMy WebLinkAbout11-8450WEAVER MASONRY, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs. CIVIL ACTION
a.
CONSTRUCTION SERVICES : No. bll -
UNLIMITED LLC C71 V
t
Defendant.
CONFESSION OF JUDGMENT z w
Pursuant to the authority granted by the warrant of attorney contained in the
Settlement Agreement, a true and correct copy of which is attached to the Complaint filed in this
action, we appear for the defendant Construction Services Unlimited, LLC and confess judgment
in favor of plaintiff, Weaver Masonry, Inc., and against the defendant in the amount of
$24,789.98, itemized as follows:
Principal (Remaining Amounts Due under 23,000.00
Settlement Agreement)
Statutory Interest (July 26, 2011 - 1,099.98
October 31, 2011 @ $11.34 per day
Statutory Penalties (3 months @ 1% per 690.00
month)
TOTAL $24,789.98
plus interest after October 31, 2011, at the rate of $11.34 per day, plus reasonable attorneys' fees
in an amount to be determined by the Court, plus costs of suit.
DATED: November 4, 2011
SL I 1106236-1 007977.00011
STEVENS &
By.
seven J. Adams, Esquire
Attorney I.D. No. 56293
111 N. Sixth Street
P.O. Box 679
Reading, PA 19603-0679
(610) 478-2133
As Attorneys for Defendant
%T- SC PA al?
0?
? ? ? sas
Steven J. Adams, Esquire
I.D. No. 56293
STEVENS & LEE
I 1 I N. Sixth Street
P.O. Box 679
Reading, PA 19603-0679
(610) 478-2133
Attorneys for Plaintiff
WEAVER MASONRY, INC.,
vs.
Plaintiff,
CONSTRUCTION SERVICES
UNLIMITED, LLC,
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
No.c?
COMPLAINT FOR CONFESSION OF JUDGMENT
Plaintiff Weaver Masonry, Inc. confesses judgment against defendant
Construction Services Unlimited, LLC in the amount of $24,789.98, plus costs of suit, all as
provided for in that certain settlement agreement, and alleges the following in support thereof.
1. Plaintiff Weaver Masonry, Inc. ("Weaver") is a Pennsylvania corporation with
an address at 824 E. Main Street, Ephrata, Pennsylvania 17522.
2. Defendant Construction Services Unlimited, LLC ("CSU") is a Pennsylvania
limited liability corporation with an address at 110 Third Street, Suite 100, P.O. Box 349, New
Cumberland, Pennsylvania 17070.
3. On or about March 11, 2011, Weaver and CSU entered into a Settlement
Agreement and Mutual Release (the "Settlement Agreement") pursuant to which CSU agreed to
pay Weaver $27,000.00 (the "Debt") upon the terms set forth therein. A true and correct copy of
1??3i?f_t
1
SL I 1 106236v 1007977.00011
the Settlement Agreement is attached hereto, marked Exhibit "A" and incorporated herein by
reference.
4. Pursuant to the Settlement Agreement, CSU agreed to make an Initial
Settlement Payment of $1,000.00 on or before March 15, 2011 and to make monthly payments in
the amount of $1,000.00 for twenty-six months commencing May 1, 2011, and then on the first
day of each month thereafter.
5. Pursuant to the Settlement Agreement, CSU agreed that in the event that CSU
failed to make any monthly installment payment, an Event of Default would exist ten days after
Weaver sent CSU written notice of such default if the default was not cured.
6. The Defendant defaulted on its obligations under the Settlement Agreement
because it failed to make the June 1, 2011 and July 1, 2011 monthly payments when due.
7. On July 8, 2011, Weaver sent written notice to CSU regarding CSU's failure to
pay to Weaver the monthly installments due June 1, 2011 and July 1, 2011. A true and correct
copy of this notice is attached hereto, marked Exhibit "B" and incorporated herein by reference.
8. CSU failed to cure its defaults under the Settlement Agreement by paying to
Weaver both past due payments within ten (10) days of July 8, 2011, which failure constitutes an
Event of Default under the Settlement Agreement.
9. While receiving payment of the June 1, 2011 monthly payment on or about
July 19, 2011, the Defendant has not paid the July 1, 2011 monthly payment or any of the other
monthly payments coming due thereafter.
10. Pursuant to the Settlement Agreement, CSU agreed that if an Event of Default
occurred, Weaver could, without further notice to CSU, elect to accelerate payment of all sums
2
SL I 11062360 1 007977.00011
due and file a confession of judgment against CSU, and that CSU would pay all of Weaver's
reasonable attorneys' fees plus statutory interest, penalties, and costs.
11. Upon the occurrence of an Event of Default, the Settlement Agreement contains
a warrant of attorney that authorizes Weaver, by its attorneys, to appear for CSU and enter
judgment by confession against CSU for liquidated damages in an amount equal to the remaining
amounts due under the Settlement Agreement, plus reasonable attorneys' fees, statutory interest
and penalties under the Pennsylvania Contractor and Subcontractor Payment Act, plus costs of
suit.
12. Under the Pennsylvania Contractor and Subcontractor Payment Act, interest
accrues on past due construction related indebtedness at the rate of one percent (1%) per month
(or fraction of a month) commencing on the eighth day after payment was due and statutory
penalties accrue on the past due amount at the rate of one (M) per month.
13. As of October 31, 2011, the total amount due Weaver by CSU was $24,789.98,
itemized as follows:
Principal (Remaining Amounts Due under 23,000.00
Settlement Agreement)
Statutory Interest (July 26, 2011 -
October 31, 2011 @ $11.34 per day
1,099.98
Statutory Penalties (3 months @ 1% per 690.00
month)
TOTAL $24,789.98
14. Weaver is entitled to additional statutory interest after October 31, 2011 at the
rate of $11.34 per day, plus reasonable attorneys' fees and costs of suit.
15. Judgment has not been entered previously against CSU on the warrant of
attorney contained in the Settlement Agreement in this or any other jurisdiction.
3
SL I 1 106236v 1 007977.00011
16. The Settlement Agreement has not been assigned to any other person.
17. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
WHEREFORE, plaintiff Weaver Masonry, Inc. confesses judgment against
defendant Construction Services Unlimited, LLC in the amount of $24,789.98, plus additional
interest after October 31, 2011, at the rate of $11.34 per day, plus reasonable attorneys' fees in
an amount to be determined by the Court, plus costs of suit.
STEVENS & LEE
By
Ste J. Adams, Esquire
Attorney I.D. No. 56293
111 N. Sixth Street
P.O. Box 679
Reading, PA 19603-0679
Tele: (610) 478-2133
Fax: (610) 988-0841
Enail: sja@stevenslee.com
Attorneys for Plaintiff
Weaver Masonry, Inc.
4
SL I 1 106236v 1007977.00011
VERIFICATION
I, Gary L. Weaver, verify that I am President and CEO for plaintiff, Weaver
Masonry, Inc., and that I am authorized in that capacity to make this Verification on its behalf. I
verify that I am familiar with the regularly kept business records of plaintiff, and that the facts set
forth in the within Complaint are true and correct to the best of my knowledge, information and
belief. I understand that the statements herein are subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn falsification to authorities.
Gar . W aver
President & CEO
Weaver Masonry, Inc.
SL I 1 106236v 1 007977.00011
WEAVER MASONRY, INC.,
Plaintiff,
vs.
CONSTRUCTION SERVICES
UNLIMITED, LLC,
Defendant.
No.
AFFIDAVIT OF BUSINESS TRANSACTION AND AVERMENT OF DEFAULT
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF LANCASTER
Gary L. Weaver, being duly sworn according to law, deposes, verifies and says
that he is President and CEO for plaintiff, Weaver Masonry, Inc., that the copy of the Settlement
Agreement executed by the Defendant on March 3, 2011 and that is attached to the Complaint as
Exhibit "A," which contains the warrant of attorney upon which judgment is being confessed, is
a true and correct copy of the original of such Settlement Agreement, that judgment is not being
entered by confession against a natural person in connection with a consumer credit transaction,
that the Defendant is in default for the reasons set forth in the Complaint and that the outstanding
obligations of the Defendant under the Settlement Agreement are accurately set forth in the
Complain]
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
Gary L. Weaver
President & CEO
Weaver Masonry, Inc.
Sworn to and subscribed before me this o7lpl day of 2011.
SL 11106236v ] 007977.00011
WEAVER MASONRY, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs. CIVIL ACTION
CONSTRUCTION SERVICES No.
?j t
UNLIMITED, LLC,
Defendant.
CERTIFICATE OF ADDRESSES
The undersigned hereby certifies the following addresses:
(a) The name and address of plaintiff's counsel of record is:
Steven J. Adams, Esquire
Stevens & Lee
111 N. Sixth Street
P.O. Box 679
Reading, PA 19603-0679
(b) The last known address of defendant Construction Services Unlimited,
LLC is:
Construction Services Unlimited, LLC
110 Third Street, Suite 100
P.O. Box 349
New Cumberland, PA 17070
DATE: November 4, 2011
Steven J. Adams
SL I 1 106236v 1 007977.00011
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SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This SETTLEMENT AGREEMENT AND MUTUAL RELEASE ("Agreement") is
entered into by and between Weaver Masonry, Inc. ("Weaver"), and Construction Services
Unlimited, LLC ("CSU"). Weaver and CSU are collectively referred to as "the Parties".
WHEREAS, Weaver filed an arbitration claim with American Arbitration Association
against CSU in the matter of Weaver Masonry, Inc. v. Construction Services Unlimited, LLC,
Claim No.14-110-E-00003-11, alleging breach of contract and claims under the Pennsylvania
Contractor and Subcontractor Payment Act (the "Arbitration Claim");
WHEREAS, the Parties wish to and have agreed to settle their disputes, to dismiss the
Arbitration Claim with prejudice and to foreclose further potential litigation by or between the
Parties, including appeals, except as may be necessary to enforce the confessed judgment clause,
in order to avoid lengthy and costly proceedings; attorney's fees, penalties, interest and related
costs without a hearing or adjudication of any issues of fact or law arising out of or relating to
the Arbitration Claim.
NOW, THEREFORE, in consideration of the foregoing recitals (which are hereby made
a substantive part of this Agreement) and the mutual promises made below, and for good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, and
intending to be legally bound, the Parties agree as follows:
1. The Settlement Payment. In consideration of the Settlement Agreement and Mutual
Release and mutual promises herein, CSU shall pay "Weaver Masonry, Inc." the total sum of
$27,000.00 (the "Settlement Payment") as follows:
(a) $1,000 on or before March 15, 2011 ("Initial Settlement Payment");
(b) In addition to the Initial Settlement Payment, CSU shall pay to Weaver the
remaining balance of $26,000, which balance shall be payable in monthly installments of $1,000
over a 26-month period with the first such monthly installment payable on or before May 1,
2011. Each monthly installment shall be paid on or before the first of the month;
(c) In the event CSU fails to make any monthly insta11LMent in accordance with
Paragraph 1(b) supra, Weaver shall send written notice of such default to CSU at the following
address: 110 Third Street, Suite 100, P.O. Box 349, New Cumberland, PA 17070-0349, and
Weaver shall be under no further obligation to ascertain CSU's whereabouts. CSU shall have 10
days to cure such default. If CSU fails to cure such default within 10 days, an event of default
shall exist (an "Event of Default"). If an Event of Default occurs, Weaver may, without further
notice to CSU, elect to accelerate payment of all sums due under Paragraph 1(b) supra and
exercise any and all rights and remedies available to Weaver under law, including the filing of a
confession of judgment against CSU as set forth infra at Paragraph 1(d), all of which remedies
shall be cumulative. If an Event of Default occurs, CSU agrees to pay all of Weaver's
reasonable attorneys' fees plus statutory interest and penalties under the Pennsylvania Contractor
and Subcontractor Payment Act, and all other expenses and costs arising in connection with the
SL I 1054585v 1/007977.00011
collection or enforcement of the Liquidated Damages (as defined infra at ¶ 1(d)) after the
occurrence of an Event of Default and regardless of whether litigation is commenced.
(d) Confession of Jud ent. UPON THE OCCURRENCE OF AN EVENT OF
DEFAULT, CSU AUTHORIZES WEAVER, BY ITS ATTORNEYS, OR THE
PROTHONOTARY OR CLERK OF THE COURT OF COMMON PLEAS OF
LACKA ViWANNA COUNTY, PENNSYLVANIA OR ANY OTHER COURT OF RECORD IN
ANY JURISDICTION WHERE PERMITTED BY LAW, TO APPEAR FOR CSU AND TO
CONFESS AND ENTER JUDGMENT AGAINST CSU IN FAVOR OF WEAVER, FOR
LIQUIDATED DAMAGES IN AN AMOUNT EQUAL TO THE REMAINING AMOUNT
DUE UNDER PARAGRAPH I(b) ABOVE, PLUS REASONABLE ATTORNEY'S FEES,
STATUTORY INTEREST AND PENALTIES UNDER THE PENNSYLVANIA
CONTRACTOR AND SUBCONTRACT PAYMENT ACT PLUS COSTS OF SUIT, WITH OR
WITHOUT DECLARATION, AND WITHOUT STAY OF EXECUTION. FOR SO DOING, A
SIGNED COPY OF THIS SETTLEME11,T AGREEMENT AND RELEASE SHALL BE A
SUFFICIENT WARRANT. THIS AUTHORITY SHALL NOT BE EXHAUSTED BY ONE
EXERCISE THEREOF AND SHALL CONTINUE UNTIL ALL OF CSU'S OBLIGATIONS
TO WEAVER ARE FULLY PAID AND SATISFIED. CSU, AFTER CONSULTATION
WITH ITS COUNSEL, HARRY BATURIN, ESQUIRE, KNOWINGLY AND WILLFULLY
ENTERS INTO THIS CONFESSION OF JUDGMENT IN CONSIDERATION OF THE
AMICABLE RESOLUTION AND COMPROMISE OF WEAVER'S CLAIMS AND CSU'S
AGREEMENT TO PAYMENT OF THE FINAL $26,000 OF THE SETTLEMENT
PAYMENTS OVER THE COURSE OF TWENTY SIX MONTHS WITHOUT INTEREST
ACCRUING IN WEAVER'S BENEFIT. THE PARTIES AGREE THAT WEAVER'S
ACTUAL DAMAGES, IF AN EVENT OF DEFAULT OCCURS, WOULD BE EXTREMELY
DIFFICULT OR IMPRACTICABLE TO DETERMINE. AFTER NEGOTIATION, THE
PARTIES HAVE AGREED THAT, CONSIDERING ALL THE CIRCUMSTANCES
EXISTING ON THE DATE OF THIS AGREEMENT, LIQUIDATED DAMAGES IN AN
AMOUNT EQUAL TO THE REMAINING AMOUNT DUE UNDER PARAGRAPH I (B)
ABOVE, LESS ATTORNEY'S FEES, IS A REASONABLE AND PROPER BEST ESTIMATE
OF THE AC T UAL DAMAGES WEAVER WILL INCUR IF AN EVENT OF DEFAULT
OCCURS AND SHOULD NOT BE DEEMED A PENALTY FOR CSU'S FAILURE TO
COMPLY WITH THE TERMS OF THIS SETTLEMENT AGREEMENT.
CSU ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO
OBTAIN THE ADVICE OF COUNSEL, HARRY BATURIN, IN CONNECTION WITH THE
EXECUTION AND DELIVERY OF THIS AGREEMENT REGARDING CONFESSION OF
JUDGMENT, AND THAT CSU, BY VIRTUE OF THE POWER GRANTED TO WEAVER IN
THE FOREGOING WARRANT OF ATTORNEY, KNOWINGLY, VOLUNTARILY AND
INTELLIGENTLY WAIVES, EXCEPT AS PROVIDED HEREIN, ANY AND ALL
CONSTITUTIONAL RIGHTS IT MAY HAVE TO NOTICE AND AN OPPORTUNITY TO
BE HEARD PRIOR TO THE ENTRY OF JUDGMENT OR THE ISSUANCE OF
EXECUTION ON SUCH JUDGMENT. CSU UNDERSTANDS THAT IF THIS
SETTLEMENT AGREEMENT AND RELEASE DID NOT CONTAIN THE WARRANT OF
ATTORNEY, IT WOULD HAVE THE RIGHT TO NOTICE AND AN OPPORTUNITY TO
BE HEARD PRIOR TO THE ENTRY OF JUDGMENT AGAINST IT AND PRIOR TO THE
SEIZURE OF ITS PROPERTY PURSUANT TO EXECUTION PROCEEDINGS INITIATED
SL I 1054585v 1/007977.00011 2
ON SUCH JUDGMENT. CSU FURTHER ACKNOWLEDGES THAT IT IS AWARE THAT
PENNSYLVANIA'S RULES OF CIVIL PROCEDURE (AND THE RULES OF ANY STATE
IN WHICH IT IS LOCATED) DO NOT GUARANTEE A PROMPT POST-SEIZURE
HEARING IN THE EVENT CSU'S PROPERTY IS SUBJECT TO LEVY OR ATTACHMENT
BY THE SHERIFF AFTER THE ENTRY OF JUDGMENT.
(e) CSU waives demand, presentment, protest, notice of protest and dishonor and all
other demands or notices of any kind, except as provided herein, in connection with the delivery,
acceptance, performance, default, dishonor or enforcement of this Settlement Agreement and
Release, including the foregoing Confession of Judgment.
2. Form of Payments. CSU shall make the Payments pursuant to Paragraph I by check
payable to "Weaver Masonry, Inc." by delivering such checks on or before the due dates
specified above in Paragraphs 1(a) and I (b) to:
Weaver Masonry, Inc.
824 East Main Street
PO Box 759
Ephrata, PA 17522
3. Dismissal of Lawsuits With Prefiudice. Weaver agrees that, within fifteen days after
receipt of Etb`s initial payment in accordance with Paragraph 1(a), it will instruct its counsel to
discontinueiwith prejudice tk Arbitration Claim.
4. Release. E' cep fo the obligations described in Paragraph 1 above, which shall
survive the execution of this Release, for good and valuable consideration, Weaver, on behalf of
itself, its officers, directors, stockholders, affiliates (including, but not limited to, parent,
subsidiary and affiliated corporations), agents, employees, representatives, lawyers,
administrators and insurers hereby fully, forever, irrevocably, and unconditionally releases and
discharges CSU from any and all claims, liabilities, debts, demands, causes of action, costs,
expenses, damages and obligations of every kind and nature to which Weaver is entitled, in law,
in equity, in contract or in tort, accrued or not accrued, that Weaver now has or ever had against
CSU, including those alleged in the Arbitration Claim.
5. No Admission. This Agreement is executed by the :Parties pursuant to a compromise
and settlement entered into without any admission of liability or wrongdoing by any of the
Parties, but solely for the purpose of terminating costly litigation or arbitration on disputed
claims and avoiding further uncertainty, controversy and legal expenses.
6. Choice of Law. This Agreement shall be deemed to have been executed and
delivered within the Commonwealth of Pennsylvania, and the rights and obligations of the
Parties hereunder shall be construed in accordance with, and governed by, the laws of the
Conirnonwealth of Pennsylvania without regard to its laws relating to conflict or choice of laws.
7. Amendment. This Agreement shall be binding upon the Parties and may not be
amended, supplemented, changed, or modified in any manner, orally or otherwise, except by an
instrument in writing of concurrent or subsequent date signed by all of the Parties.
SLl 1054585v1A07977.0001]
S. Enforceability. If any provision of this Agreement is deemed illegal, invalid, or
unenforceable, the other provisions of this Agreement shall remain in full force and effect.
9. Jointly Drafted/Representation by Counsel. Each of the Parties hereby
acknowledges it has been represented by counsel of its own choice throughout all of the
negotiations which preceded the execution of this Agreement and that each of them has executed
this Agreement, with the consent and on the advice of such legal counsel. Each Party has
reviewed and revised, or had the opportunity to revise this Agreement, and accordingly, the rule
of construction to the effect that any ambiguities are to be resolved against the drafting party
shall not be employed in the interpretation of this Agreement. By signing this Agreement, each
Party acknowledges that it has consulted with legal counsel regarding this Agreement and has
carefully read and fully understands all of the provisions of this Agreement.
10. Successors and Assi S. All of the rights and obligations of the Parties under this
Agreement shall bird and inure to the benefit of the respective successors, grantees and assigns
of the Parties, except as otherwise specifically stated in this Agreement.
11. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and the counterparts shall together constitute one and the
same agreement, notwithstanding that all Parties are not a signatory to the original or the same
counterpart. Furthermore, the Parties mutually agree that this Agreement may be executed by a
faxed or scanned signature in counterparts which, taken together, should be considered an
original.
VaMREFORE, the Parties execute this Agreement.
Weaver M 'pry, Inc. Construction Services U ted; LLC
B y.:
Y
Date: ? .
Date: ( !
SL1 1054585v1/007977.00011 4
STEVENS & LEE
LAWYERS & CONSULTANTS
111 North 6th Street
P.O. Box 679
Reading, PA 19603-0679
(610) 478-2000 Fax (610) 376-5610
www.stevenslee.com
July 8, 2011
Construction Services Unlimited, LLC
110 Third Street, Suite 100
P.O. Box 349
New Cumberland, PA 17070-0349
Re: Weaver Masonry, Inc.
Dear Sir or Madam:
COPY
Direct Dial: (610) 478-2133
Email sja@stevenslee.com
Direct Fax: (610) 988-0841
We represent Weaver Masonry, Inc. ("Weaver"). Reference is made to that certain
Settlement Agreement and Mutual Release dated March 11, 2011 ("Agreement") among Weaver
and Construction Services Unlimited, LLC ("CSU).
Pursuant to the Agreement, CSU agreed to make certain payments to Weaver at certain
times. Please be advised that CSU is in default with respect to their payment obligations to
Weaver under the Agreement.
More specifically, CSU has failed to pay to Weaver the monthly installments due June 1,
2011 and July 1, 2011, in the amount of $1,000 each. Pursuant to Paragraph 1(c) of the
Agreement, if you fail to cure these default payments within ten (10) days of the date of this
letter, an event of default will arise under the Agreement (an "Event of Default") and Weaver
may elect to accelerate payment of all sums due under Paragraph 1(b) of the Agreement and
exercise any and all rights and remedies available to Weaver under law, including the filing of a
confession of judgment against CSU as set forth at Paragraph 1(d), all of which remedies shall be
cumulative.
If an Event of Default occurs, CSU has agreed to pay all of Weaver's reasonable
attorneys' fees plus statutory interest and penalties under the Pennsylvania Contractor and
Subcontractor Payment Act, and all other expenses and costs arising in connection with the
collection or enforcement of the Liquidated Damages (as defined at 11 (d) of the Agreement)
after the occurrence of an Event of Default and regardless of whether litigation is commenced.
Philadelphia Reading • Valley Forge • Lehigh Valley • Harrisburg • Lancaster • Scranton
Williamsport Wilkes-Barre Princeton Cherry Hill New York Wilmington
A PROFESSIONAL CORPORATION
SL1 1084657v 1/007977.00011
STEVENS & LEE
LAWYERS & CONSULTANTS
Construction Services Unlimited, LLC
July 8, 2011
Page 2
Please mail payment of $2,000.00 directly to Weaver Masonry, Inc. to the attention of
Ms. Jane Getz by no later than July 18, 2011.
SJA:dbd
cc; Ms. Jane Getz (via email)
S L l 1084657v 1 /00797 7.00011
Very truly yours,
WEAVER MASONRY, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
VS. CIVIL ACTION
CONSTRUCTION SERVICES UNLIMITED, No. 11-8450 Civil C=
LLC,
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-
M , (
Defendant. CD
AFFIDAVIT OF SERVICE OF NOTICE
UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON
Commonwealth of Pennsylvania
County of Berks
: ss.
Pursuant to Rule 405, the undersigned, being duly sworn according to law, deposes and
says that:
1. I am counsel for the plaintiff in the above action.
2. Pursuant to Rules 403 and 295 8. 1 (b)(1)(ii), I caused the Notice Under Rule
2958.1 of Judgment and Execution Thereon (the "Notice") to be served on defendant
Construction Services Limited, LLC on or about January 31, 2012, via certified United States
mail, return receipt requested at 110 Third Street, Suite 100, P.O. Box 349, New Cumberland,
PA 17070.
3. True and correct copies of the Notice and the return receipt card signed by
defendant's authorized representative with respect to receipt of the Notice are attached hereto,
marked collectively as Exhibit "A" and are incorporated herein by referepce.
Sworn to and subscribed before me this 13th day of March, 201
otary
f
I NOTARIAL SEAL
SLl 1140454x1 007977.00011 JANIS L. ANDRZJEWSKI, Notary Public
City of Reading, Beks Countv .
EXhlblt ?'
TO:
Construction Services Unlimited, LLC
110 Third Street, Suite 100
P.O. Box 349
New Cumberland, PA 17070
E SENDER:
i
REFERE:
i 970-007977-00011
i
PSF;c j-j MW40 0717 6259
RETURN Postage -
i RECEIPT Certified Fee 0.45
SERVICE
Retum Receipt Fee _
2.95
`
Restricted DeUvery 1.15
Total Postage & Fees 0.00
E us Pbow Sefvioe POSTMARK b l! DATE
Receipt for
Certified Mai!
No bleu w= Crmmgo Provided
oo w Use tot Mlemati ,A* Mail
------------------------
---------
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V UNIT . EVSrATES
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Date Produced: 02/06/2012
WALZ CERTIFIED MAIL SOLUTIONS LLC
The following is the delivery information for Certified Mail TM item number 7196 9008 9040
0717 6259. Our records indicate that this item was delivered on 02/01/2012 at 11:09 a.m. in
NEW CUMBERLAND, PA, 17070. The scanned image of the recipient information is provided
below.
Signature of Recipient: 11-? J)
Address of Recipient:
Thank you for selecting the Postal Service for your mailing needs. If you require additional
assistance, please contact your local post office or Postal Service representative.
Sincerely,
United States Postal Service
STEVENS & LEE
LAWYERS & CONSULTANTS
111 N. Sixth Street
Reading, PA 19601
(610) 478-2000 Fax (610) 376-5610
www.stevenslee.com
Direct Dial: (610) 478-2229
Email: cah@stevenslee.com
Direct Fax: (610) 371-1220
January 31, 2012
VIA CERTIFIED MAIL
Construction Services Unlimited, LLC
110 Third Street, Suite 100
P.O. Box 349
New Cumberland, PA 17070
Re: Weaver Masonry, Inc. vs. Construction Services Unlimited, LLC;
Cumberland County Court of Common Pleas No. 11 - 845 0
Dear Sir/Madam:
Enclosed please find a Notice under Rule 2958.1. of Judgment and Execution.
Very truly yours,
STEVENS & LEES
Craig Hirneisen
CAH:tmh
Enclosure
Philadelphia • Reading • Valley Forge • Lehigh Valley Harrisburg Lancaster . Scranton
Wilkes-Barre Princeton Cherry Hill New York Wilmington
A PROFESSIONAL CORPORATION
SL I 11269180 007977.00011
WEAVER MASONRY, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
: CIVIL ACTION
: No. 11-8450 Civil
CONSTRUCTION SERVICES
UNLIMITED, LLC,
Defendant.
NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
NOTICE OF DEFENDANT'S RIGHTS
TO: Construction Services Unlimited, LLC
110 Third Street, Suite 100
P.O. Box 349
New Cumberland, PA 17070
A judgment in the amount of $24,78998 (plus additional interest and costs) has been
entered against you and in favor of the Plaintiff without any prior notice or hearing based on a
confession of judgment contained in a written agreement or other paper allegedly signed by you.
The sheriff may take your money or other property to pay the judgment at any time after thirty
(30) days after the date on which this notice is served upon you.
You may have legal rights to defeat the judgment or to prevent your money or property
from being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE
JUDGMENT AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER THE
DATE ON WHICH THIS NOTICE IS SERVED UPON YOU OR YOU MAY LOSE YOUR
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.
SLi 1120019vl 007977.00011
Cumberland County Bar Association
34 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
STEVENS & LEE
By.
Steven J. Adams, Esquire
Attorney T.D. No. 56293
111 N. Sixth Street
P.O. Box 679
Reading, PA 19603
(610) 478-2133
Attorneys for Plaintiff
Weaver Masonry, Inc.
2
SL1 11200190 007977.00011