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12-1139
LED-OFS=iC'' F" 1 2012 FEB 22 Pit 3: 52 GtPNSYLN TY ENVAA CUMBERLAND TRUCK EQUIPMENT COMPANY, PLAINTIFF v. LARRY BOOZ, ERICK BOOZ, AND MARTHA BOOZ, Individually, and BOOZ MILK TRANSPORTATION, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012 - 113 q CIVIL TERM NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint, order 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 money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 4124 ,? ? ?71 3 ?4, AMERICANS WITH DISABILITIES Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. 2 CUMBERLAND TRUCK EQUIPMENT COMPANY, PLAINTIFF V. LARRY BOOZ, ERICK BOOZ, AND MARTHA BOOZ, Individually, and BOOZ MILK TRANSPORTATION, INC., DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012 - CIVIL TERM COMPLAINT BREACH OF CONTRACT AND NOW, this dO day of February 2012, comes the Plaintiff, CUMBERLAND TRUCK EQUIPMENT COMPANY, by and through his attorneys, Irwin & McKnight, P.C., and makes the following Complaint against the Defendant, LARRY BOOZ, ERICK BOOZ, MARTHA BOOZ, Individually, and BOOZ MILK TRANSPORTATION, INC., as follows: 1. The Plaintiff is Cumberland Truck Equipment Company, a Pennsylvania Corporation with an office located at 25 Roadway Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendants are Larry Booz of 172 Northwest Street #1, Portsmouth, New Hampshire 03801, Erick Booz and Martha Booz of 1099 Ridge Road, Shippensburg, Pennsylvania 17257, trading and doing business as Booz Milk Transport, Inc., 199 Booz Road, Shippensburg, Pennsylvania 17257. 3. The Defendants have an account with the Plaintiff which was used to purchase equipment and services from the Plaintiff. 4. The amount due and payable by the Defendants to the Plaintiff is the sum of Thirty Five Thousand Five Hundred Fifty Six and 44/100 ($35,556.44) Dollars. 3 COUNTI CUMBERLAND TRUCK EQUIPMENT COMPANY V. LARRY BOOZ, ERICK BOOZ, MARTHA BOOZ, Individually, and BOOZ MILK TRANSPORTATION, INC. 5. Paragraph One (1) through Four (4) of this Complaint are incorporated by reference and made a part of this Count. 6. The Defendants, Larry Booz, Erick Booz, Martha Booz, and Booz Milk Transportation, Inc., have purchased equipment and services from the Plaintiff and now owes to the Plaintiff an account balance in the amount of $35,556.44. A copy of current balance is attached hereto and marked as Exhibit "A" and made a part of this Complaint. 7. Despite repeated requests by the Plaintiff for payment, the Defendants have refused to pay the account balance thereby breaching its contract agreement with the Plaintiff. 8. The Plaintiff is entitled to interest on the account balance, the costs of this action, and reasonable legal fees required to bring this action. WHEREFORE, the Plaintiff, Cumberland Truck Equipment Company, requests that judgment be entered against the Defendants, Larry Booz, Erick Booz, Martha Booz, and Booz Milk Transportation, Inc., for the sum of $35,556.44 with legal fees. costs and interest as provided by law. Respectfully submitted, IRWIN & Mc JT, P.C. By: Marcus At 1 , Esquire 60 West Pom treet Carlisle, PA 17013 Supreme Court I.D. #: 25476 Date: February 20, 2012 (717) 249-2353 Supreme Ct. ID #25476 4 CUMBERLAND TRUCK EQUIPMENT CO. INQUIRY 25 ROADWAY DR CARLISLE, PA 17015 717-249-2922 A/R DE TAIL - 1676 BOOZ MILK TRANSPORT 02-17-12 03:03PM PAGE 1 SRC INVOICE DATE REFERENCE AMOUNT TOTALS 390 1C29367 08-26-10 DAVE 19.60 19.60 390 1C29368 08-26-10 STOCL GREG 597.73 500 >9478 07-23-11 9478 -250.92 346.81 390 1C29660 08-27-10 1C29660 32.56 32.56 390 1C29721 08-27-10 TOOK/CLARK 6.32 6.32 390 1029779 08-30-10 AN DEIMLER 368.51 368.51 390 1C29823 08-30-10 stock greg 982.76 982.76 380 1R92488 08-30-10 1R92488 186.17 186.17 390 1C30109 08-31-10 861 427.57 427.57 390 1C30179 09-01-10 1C30179 326.38 326.38 390 1030332 09-01-10 1C30332 2,711.99 2,711.99 390 1C30407 09-02-10 0609/GREG 43.80 43.80 390 1C30411 09-02-10 STOCK/GREG 210.11 210.11 390 1C30479 09-02-10 0607 151.23 390 >1C35241 10-06-10 1C35241 -69.50 81.73 390 1C30605 09-03-10 STOCK/GREG 9.10 9.10 390 1C30633 09-03-10 1C30633 11.41 11.41 390 1C30682 09-03-10 0601 12.38 12.38 390 1C30697 09-03-10 1C30697 529.56 529.56 390 1C30705 09-03-10 CLARK-2702 149.34 149.34 390 1C30809 09-07-10 0610 6.37 6.37 390 1C30810 09-07-10 stock 208.38 208.38 390 1C30932 09-07-10 0610 33.89 33.89 390 1C30956 09-08-10 CLARK-840 101.84 101.84 390 1C30957 09-08-10 1C30957 189.11 189.11 390 1C30961 09-08-10 CLARK-0102 32.73 32.73 390 1C31059 09-08-10 CLARK-E151 31.40 31.40 390 1C31165 09-09-10 CLARK-2102 26.78 390 >1C31184 09-09-10 1C31184 -9.10 17.68 390 1C31176 09-09-10 LARK-STOCK 6.46 6.46 390 1C31264 09-09-10 LARK-STOCK 46.60 46.60 390 1C31296 09-09-10 LARK-STOCK 258.54 258.54 390 1C31307 09-09-10 CLARK-2107 10.50 10.50 390 1C31357 09-10-10 GREG-STOCK 178.60 178.60 390 1C31366 09-10-10 LARK-STOCK 927.00 927.00 390 1C31367 09-10-10 CLARK-3746 43.55 43.55 390 1C31378 09-10-10 LARK-STOCK 23.75 23.75 390 1C31385 09-10-10 CLARK-2702 404.22 404.22 390 1C31410 09-10-10 STOCK/GREG 2.73 2.73 390 1C31429 09-10-10 CLARK 87.72 87.72 390 1C31430 09-10-10 CLARK 30.74 30.74 390 1C31451 09-10-10 UNIT 0609 633.37 633.37 390 1C31491 09-10-10 CLARK-0604 257.95 257.95 390 1C31528 09-10-10 CLARK-210? 26.78 390 >1C31618 09-13-10 1C31618 -9.10 17.68 390 1C31538 09-10-10 0101 33.24 33.24 380 1R92655 09-10-10 1R92655 82.74 82.74 390 1C31603 09-13-10 LARK-STOCK 26.76 26.76 390 1C31631 09-13-10 GREG-STOCK 117.82 117.82 390 1C31683 09-13-10 tock clark 88.48 88.48 390 1C31753 09-13-10 CLARK-0606 380.99 390 >1C31997 09-15-10 1C31997 -225.35 155.64 390 1C31808 09-14-10 0605 67.68 67.68 390 1C31809 09-14-10 stock 6.60 6.60 390 1C31810 09-14-10 0608 119.81 390 >1C37918 10-26-10 1C37918 -75.63 44.18 390 1C31853 09-14-10 stock-greg 196.51 196.51 EXHIBIT "A" CUMBERLAND TRUCK EQUIPMENT CO. INQUIRY 25 ROADWAY DR CARLISLE, PA 17015 717-249-2922 A/R DE TAIL - 1676 BOOZ MILK TRANSPORT 02-17-12 03:03PM SRC INVOICE DATE REFERENCE AMOUNT TOTALS 390 1C31984 09-14-10 0501 278.01 278.01 390 1C31985 09-14-10 0501 187.50 187.50 390 1C32061 09-15-10 CLARK 1,019.52 1,019.52 390 1032079 09-15-10 CLARK-210 9.10 9.10 390 1C32088 09-15-10 stock greg 19.98 19.98 390 1C32110 09-15-10 2104 45.54 45.54 390 1C32121 09-15-10 2104 55.46 55.46 390 1C32166 09-15-10 0610 39.93 39.93 390 1C32182 09-15-10 LARK-STOCK 67.26 67.26 390 1C32397 09-17-10 stock greg 17.77 17.77 390 1C32450 09-17-10 CLARK-0102 4.60 4.60 390 1C32761 09-20-10 CLARK-0301 142.31 390 >1C39260 11-05-10 1C39260 -17.10 125.21 390 1C32795 09-21-10 STOCK 6.46 6.46 390 1C32815 09-21-10 0606 16.78 16.78 390 1C32817 09-21-10 0301 180.48 180.48 390 1C32836 09-21-10 CLARK-E151 25.62 25.62 390 1C32908 09-21-10 CLARK-8697 70.54 70.54 390 1C32932 09-21-10 CLARK/8697 58.33 58.33 390 1C32956 09-21-10 0607 10.01 10.01 390 1C32997 09-22-10 1C32997 401.79 401.79 390 1C33327 09-23-10 CLARK-0301 30.97 30.97 390 1C33360 09-23-10 1C33360 446.15 446.15 390 1C33416 09-24-10 CLARK-0602 41.45 41.45 390 1C33807 09-27-10 LARK-STOCK 6.45 6.45 390 1C33896 09-28-10 TANKER 251 20.55 20.55 390 1C33897 09-28-10 STOCK/GREG 675.48 675.48 390 1C33898 09-28-10 STOCK/GREG 52.00 52.00 390 1C33918 09-28-10 T251 29.67 29.67 390 1C34062 09-29-10 stock greg 32.88 32.88 390 1C34082 09-29-10 GREG-STOCK 255.98 255.98 390 1C34415 09-30-10 853 48.89 48.89 380 1R92715 09-30-10 1R92715 98.51 98.51 390 1C34436 10-01-10 stock greg 327.45 327.45 390 1C34559 10-01-10 1C34559 47.76 47.76 390 1C34569 10-01-10 CLARK-0302 35.86 35.86 390 1C34829 10-04-10 0608 116.37 116.37 390 1C34904 10-05-10 STOCK/GREG 13.21 13.21 390 1C35064 10-06-10 1C35064 278.61 278.61 390 1035146 10-06-10 STOCK/GREG 7.02 7.02 390 IC35305 10-07-10 stock greg 234.02 234.02 390 1C35380 10-07-10 0606 123.87 123.87 390 1C35387 10-07-10 LARK-STOCK 18.81 18.81 390 1035640 10-08-10 0302 142.40 142.40 390 1C35701 10-11-10 STOCK/GREG 581.76 581.76 390 1C35769 10-11-10 LARK-STOCK 296.59 296.59 390 1C35794 10-11-10 CLARK-0501 59.41 59.41 390 1C35802 10-11-10 CLARK-0403 278.01 278.01 390 1C35803 10-11-10 CLARK-0403 187.50 187.50 390 1C35819 10-11-10 STK 418.95 418.95 390 1C35864 10-12-10 0301 1,404.67 1,404.67 390 1C35962 10-12-10 0301 112.02 112.02 390 1C36036 10-13-10 1C36036 1,332.89 1,332.89 390 1C36038 10-13-10 stock-greg 19.50 19.50 390 1C36047 10-13-10 CLARK-0301 23.08 23.08 390 1C36184 10-13-10 0606-clark 12.11 12.11 390 1C36187 10-13-10 0605 59.67 59.67 PAGE 2 CUMBERLAND TRUCK EQUIPMENT CO. INQUIRY 25 ROADWAY DR CARLISLE, PA 17015 717-249-2922 A/R DE TAIL - 1676 BOOZ MILK TRANSPORT 02-17-12 03:03PM SRC INVOICE DATE REFERENCE AMOUNT TOTALS 390 1C36287 10-14-10 GREG 26.12 26.12 390 1C36414 10-15-10 STOCK/GREG 255.25 255.25 390 1C36417 10-15-10 LARK-STOCK 52.50 52.50 390 1C36465 10-15-10 LARK-STOCK 23.64 23.64 390 1C36590 10-16-10 ILER#11216 427.57 427.57 390 1C36650 10-18-10 0301 38.16 38.16 390 1C36922 10-19-10 CLARK-0606 312.92 312.92 390 1C36933 10-19-10 0610 172.26 172.26 390 1C36934 10-19-10 0610 1.54 1.54 390 1C36935 10-19-10 1C36935 689.42 689.42 390 1C37032 10-20-10 LARK-STOCK 27.50 27.50 390 1C37226 10-21-10 CLARK-1005 9.68 9.68 390 1C37286 10-21-10 GREG-STOCK 167.19 167.19 390 1C37543 10-25-10 0605 clark 102.46 102.46 390 1C37752 10-26-10 STOCK 316.03 316.03 390 1C37865 10-26-10 CLARK-0605 961.58 961.58 390 1C37873 10-26-10 LARK-STOCK 4.91 4.91 390 1C37892 10-26-10 CLARK-0605 1,087.54 1,087.54 390 1C37901 10-26-10 TOM-0605 1,062.44 1,062.44 390 1C38077 10-27-10 CLARK-0605 256.52 256.52 390 1C38078 10-27-10 1C38078 224.89 390 >1C38139 10-27-10 1C38139 -20.82 204.07 390 1C38223 10-28-10 stock 322.65 322.65 390 1C38337 10-29-10 0302 greg 59.83 59.83 390 1C38384 10-29-10 0302 694.45 694.45 390 1C38533 11-01-10 stock-greg 282.44 282.44 390 1C38726 11-02-10 STOCK/GREG 37.62 37.62 390 1C38860 11-02-10 0610 13.27 13.27 390 1C38885 11-03-10 STOCK/GREG 79.38 79.38 390 1C38945 11-03-10 1C38945 924.47 390 >1C38954 11-03-10 1C38954 -35.46 390 >1C39259 11-05-10 1C39259 -16.92 390 >1C39262 11-05-10 1C39262 -4.59 867.50 390 1C38946 11-03-10 0603 791.84 791.84 390 1C39081 11-04-10 stock 263.45 263.45 390 1C39102 11-04-10 greg 14.22 390 >1C40429 11-12-10 1C40429 -7.64 6.58 390 1C39199 11-04-10 SHOP 43.72 43.72 390 1C39440 11-05-10 CLARK/0605 120.38 120.38 390 1C39657 11-08-10 0302 45.63 45.63 390 1039658 11-08-10 3320 531.08 531.08 390 1C39659 11-08-10 GREG STOCK 17.17 17.17 390 1C39753 11-09-10 STOCK/GREG 31.49 390 >1C40075 11-10-10 1C40075 -6.12 25.37 390 1C39754 11-09-10 GREG-0609 245.59 390 >1C40430 11-12-10 1C40430 -120.38 125.21 390 1C39765 11-09-10 STOCK 41.36 41.36 390 1C39784 11-09-10 STOCK/GREG 39.12 39.12 390 1C39846 11-09-10 STOCK 55.73 55.73 390 1C39912 11-10-10 1039912 606.13 606.13 390 1C40122 11-11-10 GREG 2,130.49 390 >1C40131 11-11-10 1C40131 -22.42 390 >1C41022 11-17-10 1C41022 -61.32 800 >lc48469 01-18-11 lc48469 -44.18 2,002.57 390 1C40157 11-11-10 GREG-0605 40.75 40.75 390 1C40228 11-11-10 GREG-STOCK 8.16 8.16 390 1C40276 11-12-10 stock 67.27 67.27 PAGE 3 CUMBERLAND 25 ROADWAY DR CARLISLE, PA 17015 717-249-2922 TRUCK EQUIPMENT CO. INQUIRY A/R DETAIL - 1676 BOOZ MILK TRANSPORT SRC INVOICE DATE REFERENCE 390 1C40277 11-12-10 0610 390 1C40280 11-12-10 STOCK 390 1C40892 11-17-10 greg 390 >1C41023 11-17-10 1C41023 390 >1C41024 11-17-10 1C41024 390 1C40937 11-17-10 1C40937 390 1C41063 11-18-10 068 390 1041068 11-18-10 0302 390 1C41084 11-18-10 1C41084 390 1C41201 11-19-10 STOCK/GREG 390 1C41529 11-22-10 0609 390 1C42316 11-30-10 1C42316 501 lc40436 12-01-10 vs 390 1C42365 12-01-10 1C42365 390 1C42366 12-01-10 1C42366 800 >lc48464 01-18-11 lc48464 390 1C43062 12-06-10 GREG 390 1C43985 12-13-10 greg-stock 390 1C44113 12-13-10 1C44113 800 lc45230 01-06-11 lc45230 800 lc21867 01-18-11 lc48466 800 lc25984 01-18-11 lf4499 800 lc25985 01-18-11 lc48468 800 1C12967 01-31-11 1C50031 800 1C13368 01-31-11 1C50029 800 1C13534 01-31-11 1C50030 800 1049294 01-31-11 1C50027 800 1C8168 02-09-11 1C51347 800 527603 02-09-11 1C51352 800 552864 02-09-11 1C51348 800 555905 02-09-11 1C51344 800 572740 02-09-11 1C51345 800 572891 02-09-11 1C51346 800 1C13446 02-09-11 1C51353 800 1C15515 02-09-11 1C51350 800 1C16743 02-09-11 1C51349 800 1C20891 02-09-11 1C51351 800 1C45161 02-09-11 1C51354 800 lc54695 03-15-11 lc55648 800 544551 04-19-11 1C61128 800 544552 04-19-11 1C61129 02-17-12 03:03PM PAGE 4 AMOUNT TOTALS 1,803.74 1,803.74 79.04 79.04 519.91 -22.42 -22.42 475.07 64.78 64.78 440.58 440.58 27.94 27.94 18.02 18.02 9.69 9.69 336.28 336.28 178.13 178.13 -57.27 -57.27 92.42 92.42 65.00 -32.50 32.50 184.84 184.84 183.83 183.83 10.20 10.20 -36.37 -36.37 -31.98 -31.98 -21.89 -21.89 -122.90 -122.90 -6.21 -6.21 -38.84 -38.84 -6.21 -6.21 -47.05 -47.05 -2.58 -2.58 -89.65 -89.65 -2.58 -2.58 -92.24 -92.24 -9.03 -9.03 -5.16 -5.16 -44.47 -44.47 -7.95 -7.95 -10.50 -10.50 -4.54 -4.54 -1,735.04 -1,735.04 -96.08 -96.08 -343.35 -343.35 -293.66 -293.66 108.1 ACCOUNT TOTAL 35,556.44 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. CUMBERLAND TRUCK EQUIPMENT CO. B Y: BRYA E.S ON, CO ROLLER Date: FEBRUARY 20, 2012 CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS OF COMPANY, PLAINTIFF : CUMBERLAND COUNTY,PENNSYLVANIA V. CIVIL ACTION-LAW LARRY BOOZ,ERICK BOOZ,AND a; MARTHA BOOZ,Individually,and NO.2012 - 1139 CIVIL TERlm - BOOZ MILK TRANSPORTATION,INC., W:r•- -. = ,� DEFENDANTS r °'� , PRAECIPE TO WITHDRAW APPEARANCES C)�,. 3> -4 cry r' To the Prothonotary: Please withdraw my appearance from this case on behalf of the Plaintiff, Cumberland Truck Equipment Company. Respectfully submitted, IRWIN & 4cKNIG .C. By: Marcus . q. 60 West Pom Carlisle, PA Date: June 4, 2013 PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Plaintiff, Cumberland Truck Equipment Company. Respectfully submitted, CHRISTI L. JONES AND ASSOCIATES By: An ea ' onelli,Esq. P. f . ox 96 Tamaqua, PA 18252 Date: u(m6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Cumberland Truck Equipment Company: Docket No. 2012-1139 CIVIL TERM Plaintiff CIVIL ACTION -LAW Vs. .m '" Larry Booz,Erick Booz, and Martha Booz, Individually and C Booz Milk Transportation, Inc. - -' Defendant o cn c CO TO: Larry Booz, Erick Booz, and Martha Booz, Booz Milk Transportation, Inc., Defendant Date of Notice: June 20, 2013 IMPORTANT NOTICE Pursuant to Pa.R.C.P. .No. 237.1(a)(2) YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE AN ANSWER TO THE COMPLAINT IN THIS CASE.UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO SUE THE PLAINTIFF AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE 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 OUR WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 717-249-3166 Signature: C r and Truck Equipment Company Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff N q Jody S Smith R 0T1 01 i;Cl a4 a`; Chief Deputy ` s ' l# . 53 Z013 JUL I I At Richard W Stewart u s Solicitor 0��Os o.r 7!�E$1,�RJP.7 I;U BEC I~A Go a-I'v EHNSYLVA141A Cumberland Truck Equipment Company Case Number VS. Larry Boaz(et al.) 2012-1139 SHERIFF'S RETURN OF SERVICE 02/27/2012 On this date Ronny R.Anderson, Sheriff mailed the within Complaint and Notice by certified mail, return receipt requested to Larry Booz. 03/01/2012 04:40 PM-Robert Bitner, Deputy Sheriff,who being duly sworn according to law, states that on March 1, 2012 at 1440 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant;to wit: Martha Booz, by making known unto herself personally, at 1099 Ridge Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. -' f J—O,>rs•.j I/toz A- L OBE BIT ER, DEPUTY 03/08/2012 08:15 PM-Michael Barrick,who being duly sworn according to law, st at on March 8,2012 at 2015 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Erick Booz, by making known unto himself personally, at 25 Turnpike Road, Newburg, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. cr-014) MICHA RRICK, DEPUTY 03/08/2012 08:15 PM-Michael Barrick,who being duly sworn according to law, st es th on March 8, 2012 at 2015 hours, he served a true copy of the within Complaint and Notice, upon the hin named defendant, to wit: 'Booz Milk Transport, Inc., by making known unto Eric Booz, Owner of ooz Milk Transport, Inc. at 25 Turnpike Road, Newburg, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. — © V tr,ce.4L t4704) MICHAE R ICK, DEPUTY 03/19/2012 Ronny R.Anderson, Sheriff,who being duly sworn according to law, st es th a served the within Complaint and Notice upon the within named defendant, Larry Booz, in ollowing manner: On February 27, 2012 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 172 Northwest Street#1, Portsmouth, New Hampshire 03801. The certified mail return receipt card was received by the Cumberland County Sheriffs Office as"UNCLAIMED"on February 19, 2012, per USPS.com. SHERIFF COST: $142.15 SO ANSWERS, July 16, 2013 RbNW R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Teieosoft,Inc. USPS.com® - Track& Confirm Page 1 of 1 English Customer Service USPS Mobile Register/Sign In �- l� USapSrc . Search USPS.eDm or Track Packages Quick Tools Track&Confirm Ship a Package Send Mail Manage Your Mail Shop Business Solutions Enter up to 10 Tracking AFind Fird USPS Leeaiions Buy Stamps Cac�lallt�Qbdk & Confirm Find a ZIP Ceder" Hold Mail Change of Adorers GET EMAIL UPDATES PRINT DETAILS YOUR LABEL NUMBER SERVICE STATUS OF YOUR ITEM DATE B TIME LOCATION FEATURES II I 70080810000078818875 'Delivered :March 19,2012,10:14 am CARLISLE,PA 17013 l Certified Mail' Depart USPS Sort I March 17,2012 HARRISBURG,PA 17107 Facility Processed through March 17,2012,4:08 am HARRISBURG,PA 17107 !USPS Sort Facility Unclaimed March 15,2012,5:53 pm 'PORTSMOUTH,NH 03802 I Notice Left February 29,2012,11:07 am PORTSMOUTH,NH 03801 I I i Arrival at Unit i February 29,2012,8:14 am PORTSMOUTH,NH 03801 I Processed through February 29,2012,2:49 am MANCHESTER,NH 03103 i I USPS Sort Facility , i Processed through February 28,2012,8:19 pm MANCHESTER,NH 03103 i I�! USPS Sort Facility I I Check on Another Item What's your label(or receipt)number? jFind i LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy> Government Services, About USPS Horne, Business Customer Gateway, Terms of Use> Buy Stamps&Shop, Newsroom> Postal Inspectors, FOIA, Prnt a Label with Postage> Mail Service Updates) Inspector General, No FEAR Act EEO Data: Customer Service, Forms&Publications) Postal Explorer, Delivering Solutions to the Last Mile, Careers, Site Index, CopyrightVj 201$USPS.All Rights Reserved. https:H tools.usps.com/go/TrackConfirmAction.action 7/16/2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland Truck Equipment Company CIVIL ACTION -LAW NO.2012-1139-CIVIL TERM Plaintiff 7 Larry Booz, Erick Booz, and Martha Booz, Individually and Booz Milk Transportation, Inc. Defendant -<> CZ, 'Z7 _j _< CERTIFICATE OF SERVICE 1,Andrea Simonelli of Cumberland Truck Equipment,plaintiff in the above-captioned action,hereby certify that I caused a true and correct copy of the Complaint in the above captioned matter was served on the following parties: See attached sheriff's certificate of service: Date: An IIES*onelli Jul. 16. 2013 9:21AM Cumberland County Sherrif No.6796 P. 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Shadff Laoak'r et 1<alulyr(,7gd Jody S Smith Chief Deputy ¢gam'(:Y sc1.1:i-t w, Richard W Stewart `4 Uickor 0PFK4 Cr iwp gp@RIPR Cumberland Truck Equipment Company Case asa Number Larry Boaz(et al.) 2012.1138 SHERIFF'S RETURN OF SERVICE 02!2712012 On this date Ronny R.Anderson,Sheriff mailed the within Complaint and Notice by certified mail,return receipt requested to tarty Baoz. 0310112012 04:40 PM-Robert Minor,Deputy Sheriff,who being duly sworn according to taw,states that on March 1, 2012 at 1440 hours,he served a true copy of the within Complaint and Notice,upon the within named defendant,to wit:Martha Booz,by making known unto herself personally,at 1099 Ridge Road, Shippensbtug,Cumberland County,Pennsylvania 17267 ks contents and at the same time handing to her personalty the said true and correct copy of the same. r, ,gir' Jtr-}a_u�V rope*L COBE BI R.DE/PITY 03108/2012 08:15 PM-Michael BarrIck,who being duly sworn according to law,a at on March 8,2012 at 2015 hours,he served a true copy of the within Complaint and Notice,upon the within named defendant,to wit: Erick Boaz,by making known unto himself personally,at 25 Turnpike Road,Newburg,Cumberland County,Pennsylvania 17324 its contents and at the same time handing to him personally the said We and correct copy of the same. 56;" jro"or r vrmGAG C �MIC RRICK,DEPUTY 03/0W012 0&16 PM-Michael Derrick.who being duly swam according to law,at ea th on March 8,2012 at 2016 hours,he served a true copy of the within Complaint and Notice,upon a In named defendant to wit: 'Boom Milk Transport,Ina,by making known unto Ede Boot,Owner of ooz Milk Transport Inc.at 25 Turnpike Road,Newburg,Cumbedsnd County,Pennsylvania 17324 Re contents and at the awns time handing to him personally the said true and correct copy of the acme. 15 yr oe4 C 1 l MICH/AF/t,$W RICK,ICK,DEPl1TV 03118/2012 Ronny R-Anderson,Sheriff,who being duly sworn according to law,st$tos a served the within Complaint and Notice upon the within homed defendant,Larry Booz,In olla.ng manner: On February 27,2012 the Sheriff malted by certifed mail,return receipt requested a true and correct copy of the within Complaint and Notice to the defendanra last known address of 172 Northwest Street#1, Portsmouth,New Hampshire 03801, The esr8(led mail return receipt card was received by the Cumberland County Sheriffs Offlcs as"UNCLAIMED"on February ry 19,2012,per USPS.com. SHERIFF COST:$142.16 50 ANSWERS, July 16,2013 RONW R ANDERSON,SHERIFF uar�xamw-Ir9acKw-M�uumberland County Sherrii Na,6796 P. I Frr9lW Oxmmv4MU WPa McMK R JIWILIPnM aus"P s-com 6spN U6Pb.mm aTrrcRPLqu9a TT—,A X. S*IPKkapa Sand Meg Manage YwMaY Sa9p fiWlim SOWUA" Ener"b 10 Tmdip+W IILO W»LPUVO,n rroure. �'k&Confirm rn9a]P mn.^• LNW Wr urn pe N+w+ar rLlL�+wvmNlM IW'!f M'aea rowwaxxu9w scMla annreorro�ainN WfLIIWL La9nOK .L.rorLa 1mE0[1099p01111p1L W;wd MrN L9,]01110u am OMUSAW7018 CiMMM.r Wpa4U8P58o1 NurAt7,4W KAKIWaVRO.Mi71e7 ILday PromsINFLpgn MWf1i,2019,L:px Nn MANIU8WKO,PAt11U USM WF-*V Um..d M %.2pI2.&Wp. POKr OUTLNMWMM N"-1M PWWN2kw19,77:Ww POK)5110UIN,NMMI AMwILIUrir Fmuary]4 Ln1],B:I�aM FOKI6MOUIM,NM012p1' PMUp19L[Wggn F4DMj29.2M42AW Ma Kg4 .NMO1101 USMSm Fa* gcm[reevnv9n Fmnvyfl,L019,0:191x1 x CMFSIEK,NMO910L U6/S6a1 FLO1q CNKS OS MONI9P Item ualma ynrleta porrea�0 numnen , PM ON W&4= MASOU MAWCON O1MfRUCPOW" POva91 Pa ' p9ammevr.— M.10PSl ' ausmLl Cueemx0e4rv%r iLNMEIUSI- "&—plk&m, N— PoLW 619L91ore• FYMn� Pmlalaba Nn POwper M eW.UF/Nlll VC-0—, MO FE4KAN EEO DaMI Cufrpmar8NUM1 Imule'AM "lr Po1 Ea... OIHIfin9 B9W ml bSe larxl'Sl c- Bk MEI91 Cnp,402013 USPS MKi$6 P, n+L. Bewnest for SeMce Roquy x.Andawn.SLedff Cuumbeland County OM bfdie Sheriff One Coludlonre Sgmn Cadtel4 PA rM Ph.717a48A5390 Fm 717-240,6397 Plafadff/s Cmt Nnmbm CIiHBERLAND TRIIC& EQDIPMSNT � � COMPANY Type ofhainnt LARRY BOOZ, ERICE BOOZ AND MARTHA BOOZ, AND BOOZ MILK TRANSPORTATION, INC. Setae Upon LARRY BOOZ, ERICR 8002 AND MARTHA BOOZ, :-Ad BOOZ HEX TRANSPORTATION. INC. for SUVIM SEE LETTER_ Sf� A1temabe Addrm Sn for Se vlea TYPe� SEE LETTER ❑ Adult hr Cbsrge ❑ Pessmil ❑. Depudce ❑ CeA;Bed NbA ❑ P09 ft "4p7dmmROld& hgdcdvkbronh�" smi a II ICdbDD: - 9Pservlm h to be unk bydgn4b"savleeto smdbrc-nWp%—gwdywhtrh minty` . ' HARMS A. M.RVICHT. III � Add. 60 WEST POMFRET STREET CARLISLE Suite PA U013 Ptwme Number: 717.249.2353 LAW OFFICES IRMN&McKMGHT,P.C. WEST POMFRET PROFESSIONAL BUILDING 60 WESTPOMFRET STREET HAROLD&IRWIN (1911-191) ROGER B.IRWLN CARLISLE PENNSYLVANIA 17019:9222 HARUID&IRWINlR (1934-1986) MARCUS A.McXNIGHT.IH IRWIN.IRWIN&IRWIN(1936-1986) DOUGLASO.MILLER (717)249-MW IRWIN.IRWIN&M AWGHT(1986-1994) STEPHEN BLOOM FAX(717)249-6354 IRWIN,M.VOGNT&HUGHES(1994-2083) MATTHBWA.McKAUGHT WWW.IRWINMCKNIGHTCOM IRWIN&MCKNIGHT (MJ.2M) February 21,2012 Attention:Ronny R.Anderson,Sheriff Cumberland County Office of the Sheriff One Courthouse Square FILE COPY Carlisle,PA 17013 Re: Cumberland Truck Equipment Company v. Larry Boaz,Erick Booz and Martha Booz and Booz Milk Transportation,Inc. Dear SheriffAnderson: Please serve the following Defendants as indicated: Certified Mail to: Larry Booz 172 Northwest Street#I Portsmouth,New Hampshire 03801 Personal Service to: Erick Booz Martha Booz 1099 Ridge Road Shippensburg,PA 17257 Personal Service to: Booz Milk Transportation,Inc. 199 Booz Road Shippensburg,PA 17257 I have enclosed a cheek payable to the Cumberland County Sheriffs Department in the amount of$125.00 as payment for the service fees. Very truly yours, IRWUJ&McICNIG ,P.C. ; A. ight,Ill,P. MAM:mIn Enclosure cc: Bryan E.Sheldon,CPA,Controller Sharon Collins,Credit Manager Cumberland Truck Equipment Company T1 t1N r, UTULAKIS Jason P.Kutulakis,Esquire CUMBERLAND (-;, T y I�j Attorney I.D.#80411 PENNSYLVANIA, t Lauren E.Hokamp,Esquire Attorney I.D.#:314398 2 West High Street Carlisle,PA 17013 (717)249-0900 CUMBERLAND TRUCK EQUIPMENT, : IN THE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY,PA Plaintiff V. NO. 2012-:1139 CIVIL TERM LARRY BOOZ,ERICK BOOZ AND, MARTHA BOOZ, Individually and BOOZ MILK TRANSPORTATION,INC. CIVIL ACTION—LAW Defendants PIPE TO ENTER APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant,Erick Booz,in the above-captioned matter. Respectfully submitted, .ABOM&KZ7TULAKMS,LLP DATE I ilk � 1 )Jas n P.Kutulakis,Esquire o. 80411 Lauren E.Hokamp,Esquire ID No. 314398 2 West High Street Carlisle,PA 17013 (717) 249-0900 CERTIFICATE OF SERUCE AND NOW,this 31"day of July,2013,I, Shannon Freeman,of ABOM&KUTULAKIS, L.L.P.,hereby certify that I did serve or cause to be served a true and correct copy of the foregoing, Praecipe to Enter Appearance via first class mail addressed as follows: Andrea Simonelli, Esquire CHRISTI L.JONES AND ASSOCIATES P.O.Box 96 Tamaqua,PA 18252 Counsel for Plaintiff Shannon Freeman r�CtlT'}i 'tip) ^V ;k•._:. &U OM & 20 P 3 JUL 3 I A' 10: 31'3, ULAKIS Jason P.Kutulakis,Esquire CUMBERLAND COU!i!,+r Attorney J.D.#: 80411 PENNSYLVANIA 2 West High Street Carlisle,PA 17013 (717)249-0900 CUMBERLAND TRUCK EQUIPMENT IN THE COURT OF COMMON PLEAS COMPANY : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO.44441°x9 Civil Term �a-139 LARRY BOOZ, ERIC BOOZ and MARTHA BOOZ, individually, and BOOZ MILK TRANSPORT, INC. Defendants CIVIL ACTION—LAW NOTICE TO PLEAD TO: Andrea Simonelli,Esquire CHRISTI L. JONES AND ASSOCIATES P.O. Box 96 Tamaqua, PA 18252 Attorney for the Plaintiff YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. THE WITHIN PLEADING IS HEREBY CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE.. Respectfully submitted, ABOM& KUTULAKIS,L.L.P. Dated BYIJ rson P. Kutu acquire rney D # 80411 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant Eric Booz TABOM & LITLILAKIS 3 3 t A[•!tai. 30 Jason P.Kutulakis,Esquire r Attorney I.D.#: 80411 �''�'1 NB RL A t D , 2 West High Street PENH'S}' t, r i Carlisle,PA 17013 LV1d1 � (717)249-0900 CUMBERLAND TRUCK EQUIPMENT IN THE COURT OF COMMON PLEAS COMPANY : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 11-8187 Civil Term LARRY BOOZ, ERIC BOOZ and MARTHA BOOZ, individually, and BOOZ MILK TRANSPORT, INC. Defendants CIVIL ACTION—LAW PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S COMPLAINT pursuant to 42 Pa.R.C.P. 1028 AND NOW, this 31 st day of July, 2013, comes the Defendant, Eric Booz,by and through his counsel, Jason P. Kutulakis, Esquire, of Abom &Kutulakis, LLP and brings the following Preliminary Objections to Plaintiff's Complaint, and in support thereof, respectfully avers as follows: 1. On or about February 20, 2012, Plaintiff, Cumberland Truck Equipment Company, brought this cause of action against Defendants by filing a Complaint. 2. Plaintiff's Complaint fails to conform to the Pennsylvania Rules of Civil Procedure and therefore, Defendant brings the within Preliminary Objections. LEGAL INSUFFICIENCY OF PLAINTIFF'S COMPLAINT (DEMURRER) COUNT I—BREACH OF CONTRACT 3. Paragraphs one (1) and two (2) are incorporated by reference as if set forth fully herein. 4. Plaintiff's complaint fails to state a cause of action against the Defendant for Breach of Contract. 5. Plaintiff has asserted a cause of action against the Booz Milk Transport, Inc. as a corporation and against Defendant individually based on breach of contract. 6. The three elements necessary to properly plead a cause of action for breach of contract include (1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resultant damages. J.F. Walker Co. v. Excalibur Oil Groun Inc., 792 A.2d 1269, 1272 (Pa. Super. 2002). 7. The Court in Driscol/Intech II v. Scarborou h states the following regarding piercing the corporate veil, g a. "In Pennsylvania, there is a strong presumption against disregarding the corporate form. "Piercing the corporate veil is the exception, and courts should start from the general rule that the corporate entity should be upheld unless specific, unusual circumstances call for [such] an exception."Pennsylvania courts consider the following factors in determining whether to pierce the corporate veil: (1) undercapitalization, (2) failure to adhere to corporate formalities, (3) substantial intermingling of corporate and personal affairs, and/or(4) use of the corporate form to perpetrate a fraud."Driscol/Intech II v. Scarborou h, No. 1094, 2008 WL 2469143, at * 21 (Pa. Com. Pl. Feb. 12, 2008). 8. The Plaintiff failed to plead any of the factors the court should consider in determining if the corporate veil should be pierced. 9. Plaintiff only avers a contract existed between Booz Milk Transportation, Inc. and Cumberland Truck Equipment Company and that Booz Milk Transportation, Inc. did not make appropriate payment under the contract. 10. The Plaintiff failed to prove that the original contract existed between themselves and Defendant. 11. Plaintiff attached as Exhibit "A", a copy of an invoice as proof of an agreement between the parties. 12. Plaintiff provides no documentation of Defendants agreement to the terms of a contract. 13. The Plaintiff failed to aver facts necessary to establish a claim for Breach of Contract. 14. Therefore, Plaintiff failed to aver facts necessary to establish a claim for Piercing the Corporate Veil and Breach of Contract. WHEREFORE, due to Plaintiff's failure to establish a legally sufficient claim in Breach of Contract and Piercing the Corporate Veil against Defendant individually, Defendant respectfully request that Plaintiff's Breach of Contract claim against Defendant, Eric Booz, individually be stricken. LACK OF SPECIFICITY OF PLAINTIFF'S COMPLAINT COUNT I—BREACH OF CONTRACT ---------------- --------------- I5. Paragraphs one(1) and fourteen(14) are incorporated by reference as if set forth fully herein. 16. Plaintiff's complaint fails to specifically state a cause of action against the Defendant, Eric Booz, for Breach of Contract. 17. Plaintiff has asserted a cause of action against the Booz Milk Transport, Inc. as a corporation and against Defendant individually based on breach of contract. 18. The three elements necessary to properly plead a cause of action for breach of contract include (1)the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3)resultant damages. J.F. Walker Co. v. Excalibur Oil Group, Inc., 792 A.2d 1269, 1272 (Pa. Super. 2002). 19. The Plaintiff failed to prove that the original contract existed between themselves and Defendant. 20. Plaintiff attached as Exhibit"A", a copy of an invoice as proof of an agreement between the parties. 21. Plaintiff provides no documentation of Defendants agreement to the terms of a contract. 22. The Plaintiff failed to aver facts necessary to establish a claim for Breach of Contract. 23. Defendant has no way to prepare a defense without knowing the exact terms of the Contract between the parties. 24. Therefore,Plaintiff's Count for Breach of Contact is insufficiently specific. WHEREFORE, Defendant respectfully requests that this Honorable Court grant its Preliminary Objection and dismiss Plaintiffs' Breach of Contract claim due to insufficient specificity. Respectfully submitted, OM&KUTULAKTS,LLP Dated: BY: ason P. Kutulakis,—Es—quire Attorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant, Eric Booz CERTIFICATE OF SERVICE And now this 31St day of July, 2013, I, Shannon Freeman of hereby certify that I did serve PRELIMINARY Abom & Kutulakis, LLP, RELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT were served via United States First Class upon the following: Mail, postage prepaid, Marcus A. McKnight,Esquire Irwin &McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17103 Attorney for the Plaintiff OAK hannon Free an a &U ULAKIS Jason P.Kutulakis,Esquire 00113 JUL 31 AM ltd: 38 Attorney I.,D.#80411 _��yy } Ni {{- pp� ff Lauren E.Hokamp,Esquire i,-U M E R L A N'D`�C t,V�'3'�Y Attorney I.D.#:314398 P E NN S Y L Y A N'A 2 West High Street Carlisle,PA 17013 (717)249-0900 CUMBERLAND TRUCK EQUIPMENT, IN THE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY,PA Plaintiff V. NO. 2012-1139 CIVIL TERM LARRY BOOZ,ERICK BOOZ AND, MARTHA BOOZ, Individually and BOOZ MILK TRANSPORTATION, INC. CIVIL ACTION—LAW Defendants PRAECIPE TO ENTER APPEARANCE Please enter the appearance of the undersigned as counsel for Defendant,Erick Booz,in the above-captioned matter. Respectfully submitted, ABOM&KUTULAKIS, LLP DATE / Jas n P. Kutulakis,Esquire I No. 80411 Lauren E. Hokamp,Esquire ID No. 314398 2 West High Street Carlisle,PA 17013 (717) 249-0900 } CERTIFICATE OF SERVICE AND NOW, this 31"day of July, 2013, I, Shannon Freeman, of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served a true and correct copy of the foregoing. Praecipe to Enter Appearance via first class mail addressed as follows: Andrea Simonelli, Esquire CHRISTI L.JONES AND ASSOCIATES P.O. Box 96 Tamaqua, PA 18252 Counsel for Plaintiff Shannon Freeman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cumberland Truck Equipment Company ) CIVIL ACTION NO. 2012-1139 Plaintiff ) Larry Booz, Erick Booz, and Martha Booz, Individually and Booz Milk Transportation, Inc. ) Defendant ) PRAECIPE TO SETTLE,DISCONTINUE AND END Cumberland Truck Equipment Company,plaintiff in the above-captioned action, hereby settles,discontinues and ends action against Larry Booz,Erick Booz and Martha Booz Individually. Date. -6 Bryan Sheldon Cumberland Truck Equipment Company xm c mac' �,r-- �y CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1139 CIVIL TERM =' LARRY BOOZ, ERICK BOOZ AND c MARTHA BOOZ, Individually and Cn zr- ' BOOZ MILK TRANSPORTATION, INC.,: ' ILO DEFENDANT CIVIL ACTION -LAW PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the Appearance of Christi L.Jones and Associates as Counsel of Record for Plaintiff, Cumberland Truck Equipment Company. CHRISTI L. JPNES and ASSOCLATES By: I � aC�� And 1oneNi DATE; a PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the Appearance of Scott A. Dietterick, Esquire, Kathryn L. Mason, Esquire, James D. Young, Esquire and JADC Law Offices as Counsel of Record for Plaintiff, Cumberland Truck Equipment Company. JSDC LAW OFFICES 41A By; WN,&,j 20aLA�- � Scott A. Dletferick, Esquire-#52655 Kathryn L. Mason, Esquire-#306779 James D. Young, Esquire-#53904 PO Box 650 Hershey, PA 17033 (717)533-3280 DATE: 611-1 ) 1 +-� t �s AU3 2 Scott A.Dietterick,Esquire Supreme Court I.D.#55650 lJ,' Kathryn L.Mason,Esquire Supreme Court I.D.#306779 James D.Young,Esquire Supreme Court I.D.#53904 JSDC Law Offices PO Box 650 Hershey,PA 17033 (717)533-3280 (717)533-2795 Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1139 CIVIL TERM LARRY BOOZ, ERICK BOOZ AND MARTHA BOOZ, Individually and BOOZ MILK TRANSPORTATION, INC.,: DEFENDANT : CIVIL ACTION — LAW PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: KINDLY ENTER JUDGMENT in favor of the Plaintiff and against the Defendant, Booz Milk Transportation, Inc., in the amount of$44,445.55, plus interest at the legal rate of 6% from August 29, 2014, and costs of suit, for failure to answer a properly endorsed Complaint. The 10- Day Notice was filed with the Court on June 24, 2013. JSDC LAW OFFICES By: (:�W 07�� Jain/es D. Y¢ g, Es ire DATE: August 29, 2014 U A�#-3163 6 kt��a A'4>/ CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1139 CIVIL TERM LARRY BOOZ, ERICK BOOZ AND MARTHA BOOZ, Individually and BOOZ MILK TRANSPORTATION, INC.,: DEFENDANT : CIVIL ACTION — LAW TO: BOOZ MILK TRANSPORTATION, INC., DEFENDANT You are hereby notified that on August 29, 2014, judgment has been entered against you in the above-captioned case in the amount of$44,445.55, plus interest at the legal rate of six (6%) percent, plus costs of suit. DATE: August 29, 2014 rothonotar� I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Booz Milk Transportation, Inc. 199 Booz Road Shippensburg, PA 17257 TO: BOOZ MILK TRANSPORTATION, INC., DEFENDANT Por este medio se le esta notificando que el August 29, 2014, el siguiente Fallo ha sido antode en contra suya en el case mecianado en el epigrafe. FECHA: August 29, 2014 Prothonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Booz Milk Transportation, Inc. 199 Booz Road Shippensburg, PA 17257 CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1139 CIVIL TERM LARRY BOOZ, ERICK BOOZ AND MARTHA BOOZ, Individually and BOOZ MILK TRANSPORTATION, INC.,: DEFENDANT : CIVIL ACTION — LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: Cumberland Truck Equipment Company 25 Roadway Drive Carlisle, PA 17015 Plaintiff Booz Milk Transportation, Inc. 199 Booz Road Shippensburg, PA 17257 Defendant JS OFFICES BY: Cf Denise L. Foster, Paralegal THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Cumberland Truck Equipment � Company, File No. oU[ _ ��3 Plaintiff Amount Due $44,445.55 m Interest at legal rate of 6d&i&orC, V. 8/29/2014 @ $7.30 per d.V = Attorney's Comm. Booz Milk Transportation, Inc. Costs = Defendant r - f Crl TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PREACIPE FOR EXECUTION Issue write of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s)for the following property (if real estate, supply six copies of description; supply four copies of lengthy personalty list) LEVY ON ALL PERSONAL PROPERTY INCLUDING FURNITURE APPLIANCES TELEVISIONS VCR'S DVD PLAYERS ENTERTAINMENT EQUIPMENT JEWELRY COMPUTERS, ETC., LOCATED AT: 199 Booz Road, Shippensburg, PA 17257 _X_and all other property for the defendant in the possession, custody or control of Cumberland Truck Equipment Company, located at 25 Roadway Drive, Carlisle, PA 17015, including a 2011 Volvo VNK 4V4NC9TJ3BN294333 and a 1992 Walker Trailer #1 W9P82022N1030075 (Indicate) Index this writ against the garnishee(s) as a lis pe ns against real estate of the defendant(s) described in the attached exhibit. blaDATE: August 29, 2014 Signature: Vlv� Print Name: Kimberly A. Bonner Esquire JSDC Law Offices its Address: PO Box 650. Hershey PA 17033 Telephone: (717) 533-3280 3Supreme Court I.D.#89705 Attorney for Plaintiff CIO, 0 ? :7 9,0 0 pCL Of ..C` 'tt� a THE COURT OF COMMON PLEAS o i CUMBERLAND COUNTY PA " DAVID D.BUELL,PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA • 17013 1750 (717)240-6195 www.ccpa.net Cumberland Truck Equipment Company Vs. NO 12-1139 Civil Term Booz Milk Transportation,Inc. CIVIL ACTION—LAW WRIT OF EXECUTION (Pa R.C.P.3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Booz Milk Transportaion,Inc., Defendant(s) (1) you are directed to levy upon the property of the defendant(s)and to sell the defendant(s)interest therein; LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE,APPLIANCES, TLEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC., LOCATED AT : 199 Booz Road,Shippensburg,PA 17257 x - and all other property for the dedendant in the possession, custody or control of Cumberland Truck Equipment Company, located at 25 Roadway Drive, Carlisle, PA 17015, including a 2011 Volvo VNK 4V4NC9TJ3BN294333 and a 1992 Walker Trailer#1W9P82022N1030075. (2) you are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S),as garnishee, (Specifically describe property)and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph(c), the garnishee is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first$10,000 of each account of the defendant(s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant(s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant(s)with a bank or other financial institution that total$300 or less. If multiple accounts are attached, a total of$300 in all accounts shall not be subject to levy and attachment as 1 determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant(s)not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $44,445.55 Plaintiff Paid Interest at a legal rate of 6% from 8/29/14 @$7.30 per day Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $290.90 Other Costs Date: 08/29/14 David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name : Kimberly A. Bonner,Esq. Address:JSDC LAW OFFICES, Attorney for: PO Box 650,Hershey,PA 17033 Telephone: 717-533-3280 Supreme Court ID No. 89705 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books,sewing machines,uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 ABOM jC[.ITULAKIS Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 CUMBERLAV PENNS Y L CUMBERLAND TRUCK EQUIPMENT, COMPANY Plaintiff v. BOOZ MILK TRANSPORTATION, INC. : Defendant t=!L -THEP 2014 OCT CUMS NNS CE NO TAR PH 3: ,I.8 NO COUNTY LVANIA IN THE COURT OF COMMON PLEAS. CUMBERLAND COUNTY, PA NO. 2012-1139 CIVIL ACTION CIVIL TERM — LAW NOTICE TO PLEAD TO: Kimberly Bonner, Esquire JSDC Law Offices P.O. Box 650 Hershey, PA 17033 Attorney for the Plaintiff cn C c —4 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PETITION TO OPEN DEFAULT JUDGMENT WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. THE WITHIN PLEADING IS HEREBY CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE Dated: /o7/4//y BY: Respectfully submitted, ABO & KUT S, L.L.P. Jason P. Kutulakis, Esquire Attorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant • 76uf114 r ABOM &ICuTui.Acls Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 CUMBERLAND TRUCK EQUIPMENT, : IN THE COURT OF COMMON PLEAS COMPANY : CUMBERLAND COUNTY, PA Plaintiff v. : NO.2012-1139 CIVIL TERM BOOZ MILK TRANSPORTATION, INC. : CIVIL ACTION — LAW Defendant PETITION TO OPEN DEFAULT JUDGMENT AND NOW, this 14th day of October, comes Booz Milk Transportation, Inc., by through their attorney, Jason P. Kutulakis, Esquire, and filed the within Petition to Open the Default Judgment filed on August 29, 2014, averring the following: 1. Plaintiff/Respondent is Cumberland Truck Equipment Company, a Pennsylvania Corporation with a registered address of 25 Roadway Drive, Carlisle, PA 17015. 2. Defendant/Petitioner is Booz Milk Transportation, Inc, a Pennsylvania Corporation with a registered address of 199 Booz Road, Shippensburg, PA 17257. 3. Plaintiff filed a Complaint against the within Defendant, as well as, Erick Booz, Larry Booz, and Martha Booz individually on or about February 22, 2012. 4. On or about March 8, 2012, a Sherriff served Erick Booz at 25 Turnpike Road, Newburg, Pennsylvania with the Complaint for Booz Milk Transportation, Inc. 5. Erick Booz resigned as an employee and Vice President of Booz Milk Transportation, Inc. on March 15, 2011. 6. On or about August 2, 2013, Plaintiff filed a Praecipe to Settle, Discontinue and End the matter as to Erick Booz, Larry Booz, and Martha Booz, individually. 7. Thereafter, on August 29, 2014, Plaintiff filed a Praecipe for Default Judgment against Booz Milk Transportation, Inc. alleging that a Notice of Default was served on Booz Milk, Inc. and filed with the Court on June 24, 2013. 8. However, thereafter, on or about July 31, 2013, Plaintiff, Cumberland Truck Equipment Company, filed a Praecipe to Settle, Discontinue, and End the matter against Larry Booz, Erick Booz, and Martha Booz, individually, after filing the Notice of Default. (See attached Praecipe to Settle, Discontinue, and End, marked as Exhibit A). 9. Larry Booz, President of Booz Milk Transportation, Inc., was not represented by Counsel at any relevant time during that time period, nor was Booz Milk, Inc. represented by Counsel at any relevant time during that time period. 10. In Pennsylvania, "a default judgment may be opened if the moving party has (1) promptly filed a petition to open the default judgment, (2) provided a reasonable excuse or explanation for failing to file a responsive pleading, and (3) pleaded a meritorious defense to the allegations contained in the complaint." Myers v. Wells Fargo Bank, N.A., 986 A.2d 171, 175-76 (Pa. Super. 2009). 11. In Pennsylvania, Service of original process upon a corporation or similar entity shall be made by handing a copy to any of the following persons: 1. an executive officer, partner or trustee of the corporation or similar entity, or 2. the manager, clerk or other person for the time being in charge of any regular place of business or activity of the corporation or similar entity, or 3. an agent authorized by the corporation or similar entity in writing to receive service of process for it. 231 Pa.Code § 424. 12. Booz Milk Transportation, Inc., files the within Petition to Open Default Judgment because they were never properly served with original process. 13. Booz Milk Transportation, Inc., was never properly served original process of the Complaint as the Complaint for Booz Milk Transportation, Inc. was served to Erick Booz, who was not an executive officer, partner or trustee of the corporation. 14. Additionally, the Complaint was not served at the corporate address of record for Booz Milk Transportation, Inc. 15. Furthermore, Erick Booz was not authorized to accept service on behalf of Booz Milk Transportation, Inc. 16. Furthermore, Booz Milk Transportation, Inc., files the within Petition to Open Default Judgment, as Larry Booz, President of Booz Milk Transportation, Inc., being unrepresented at the time, misunderstood the Praecipe to Settle, Discontinue, and End as to the entire action. 17. In Plaintiffs Complaint, Plaintiff alleges that Booz Milk Transportation, Inc. breached a contract with Cumberland Truck Equipment Company and that Booz Milk Transportation, Inc., owes Plaintiffs $35,556.44. 18. The three elements necessary to properly plead a cause of action for breach of contract include (1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed by the contract and (3) resultant damages. J.F. Walker Co. v. Excalibur Oil Group, Inc., 792 A.2d 1269, 1272 (Pa. Super. 2002). 19. However, Plaintiff failed to produce a contract that Plaintiff and Defendant had entered into in their Complaint. 20. The Plaintiff failed to prove that the original contract existed between themselves and Defendant. 21. Plaintiff attached as Exhibit "A", a copy of an invoice as proof of an agreement between the parties. 22. Plaintiff provides no documentation of Defendants agreement to the terms of a contract. 23. The Plaintiff failed to aver facts necessary to establish a claim for Breach of Contract. 24. Defendant has no way to prepare a defense without knowing the exact terms of the Contract between the parties. 25. Booz Milk Transportation, Inc., is unable to formulate an answer to the Complaint in the instant action. WHEREFORE Defendant, Booz Milk Transportation, Inc., respectfully requests the within Petition to Open Judgment be granted and Booz Milk Transportation, Inc., be able to file a Responsive Pleading to Plaintiffs Complaint. Dated: /0l4/1 BY: Respectfully submitted, A 1�l & KUT AKIS, LLP Jason P. Kutu is, Esquire Attorney ID # 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Defendant, Booz Milk Transportation, Inc. VERIFICATION I, Larry Boo; on behalf of Booz Milk 'Transportation, Inc., verify that the statements made in the foregoing document are true and correct to the best of my knowledge, in.fonation, and. belief. .I understand that false staternents herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date LARRY. s O , on 'behf Transportation., Inc. ooz Milk CERTIFICATE OF SERVICE AND NOW, this 14th day of October, 2014, I, Shannon Freeman, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition to Open Default Judgment by depositing, or causing to be deposited, same in the United States Mail, First- class mail, postage prepaid addressed to the following: Kimberly A. Bonner, Esquire P.O. Box 650 Hershey, PA 17033 annon Freeman I CUMBERLAND TRUCK EQUIPMENT, IN THE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY, PA Plaintiff V. NO. 2012-1139 CIVIL TERM BOOZ MILK TRANSPORTATION, INC. CIVIL ACTION —LAW Defendant ORDER OF COURT AND NOW, this 11-0ay of U � 2014, upon consideration of the CL— within Petition to Open Default Tudgment filed by Defendant Booz Milk Transportation, Inc.,A" "T ��n 014 is herebystayed. caavzris-v:eF L) • otic. f h� .r-r�,.�e. y�� to oTtiis'Ordef toe a res onsive leading to t paint file against them by in 4 �a S S /S1 s � By th o C`� ry tom, Distribuiion: c Jason P. Kutulakis, Esquire rn CO C:) �rri Attorneyfor Defendant 2 West High StreetC_n CD Carlisle, PA 17013 Kimberly A. Bonner, Esquire z5 li Attorneyfor PlaintD� �? P.O. Box 650 + "- Hershey, PA 17033 -c lU�i PS toad eet r©1/s1y /vt Scott A. Dietterick, Esquire (PA I.D. #55650) Kathryn L. Mason, Esquire (PA I.D. #306779) JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (Phone) (717) 533-2795 (Fax) Email: sad*sdc.com, klm@jsdc.com _ 71LED-C F C ( THE P RO I HONO tARY 2ii4 OCT 24 API 9 36 CUMBERLAND COUNTY PENNSYLVANIA Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. BOOZ MILK TRANSPORTATION, INC., : NO.2012-1139 DEFENDANT : CIVIL ACTION — LAW ANSWER TO DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT And now comes Cumberland Truck Equipment Company, by its attorneys, JSDC Law Offices, and files this Answer to Defendant, Booz Milk Transportation, Inc.'s ("Defendant"), Petition to Open Default Judgment as follows: 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, the Complaint is a document of record which speaks for itself. 4. Admitted. 5. Denied. Strict proof of same is demanded. By way of further answer, contrary to Defendant's assertions, Erick Booz is presently listed with the Pennsylvania Department of State Corporations Bureau as Vice President and an active member of Booz Milk Transportation, Inc. A true and correct copy of the Pennsylvania Department of State Corporation Listing for Booz Milk Transportation, Inc. is attached hereto as Exhibit "A" and incorporated herein by reference. In addition, as stated in the Sheriff's Return of Service of the Complaint in the instant matter, Erick Booz identified himself as an Owner of Booz Milk Transportation, Inc. before accepting service. A true and correct copy of the said Sheriff's Return is attached hereto as Exhibit "B" and incorporated herein by reference. 6. Denied as stated. The Praecipe to Settle, Discontinue and End is a document of record and speaks for itself. 7. Denied as stated. The Notice of Default and Praecipe for Default Judgment are documents of record and speak for themselves. 8. Denied as stated. The Notice of Default and Praecipe for Default Judgment are documents of record and speak for themselves. 9. Denied based on lack of knowledge sufficient to admit or deny same, strict proof of same is demanded. Regardless, it is specifically denied that this allegation in any way amounts to a defense to the instant action. All Defendants were properly notified of default and any subsequent legal proceedings. The Notice of Default alone specifically advised each Defendant to consult a lawyer and provided contact information for legal help. A defendant's personal decision on whether to actually retain counsel or not in no way amounts to a defense following entry of judgment. 10. Denied as a conclusion of law to which no response is required. 11. Denied as a conclusion of law to which no response is required. 12. Denied. Defendant, Booz Milk Transportation, Inc., was properly served with the Complaint in the instant action in accordance with 231 Pa. Code § 424 for the reasons set forth in Paragraph 5 above. 13. Denied. Defendant, Booz Milk Transportation, Inc., was properly served with the Complaint in the instant action in accordance with 231 Pa. Code § 424 for the reasons set forth in Paragraph 5 above. 14. Admitted. However, it is specifically denied that this allegation in any way amounts to a defense to the instant action as the Complaint was properly served for the reasons set forth in Paragraph 12 above. 15. Denied for the reasons set forth in Paragraph 5 above. 16. Denied for the reasons set forth in Paragraph 9 above. 17. Denied as stated. The Complaint is a document of record which speaks for itself. 18. Denied as a conclusion of law to which no response is required. 19. Denied. Plaintiff produced an Invoice, dated February 17, 2012, ("Invoice") clearly identifying Defendant's failure to pay Plaintiff for professional services rendered. A true and correct copy of said Invoice is attached as Exhibit "A" to the Complaint and incorporated herein by reference. In Pennsylvania, when a defendant has been unjustly enriched, the law implies a contract, which requires the defendant to pay to the plaintiff the value of the benefit conferred. Schenck v. K.E. David, Ltd., 666 A.2d 327, 328-29 (Pa. Super. 1995). 20. Denied for the reasons set forth in Paragraph 19 above. By way of further answer, the Invoice clearly states that the delinquent account in question is set up in the name of the Defendant, Booz Milk Transportation, Inc. 21. Denied as stated. The Complaint is a document of record which speaks for itself 22. Denied for the reasons set forth in Paragraph 19 above. 23. Denied for the reasons set forth in Paragraph 19 above. 24. Denied for the reasons set forth in Paragraph 19 above. 25. Denied for the reasons set forth in Paragraph 19 above. WHEREFORE, Plaintiff respectfully request Defendant's Petition to Open Default Judgment be denied, along with such other relief as this Court deems just. Respectfully Submitted: JSDC LAW OFFICES Date: October 24, 2014 By: Cl4WAAA-_ IYAD&Cut-A-A--1 Kathryn L. Mason, Esquire Attorneys for Plaintiff EXHIBIT "A" Business Entity pennsylvania Page 1 of 1 Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List My Images Search for Images Corporations Online Services I Corporations I Forms I Contact Corporations 1 Business Services Business Entity Filing History Date: 10/23/2014 (Select the link above to view the Business Entity's Filing History) Business Name History Name BOOZ MILK TRANSPORT, INC. Name Type Current Name PA Close Corporation - Domestic - Information Entity Number: Status: Entity Creation Date: State of Business.: Registered Office Address: Mailing Address: 2954978 Active 7/31/2000 PA No Address 199 BOOZ RD SHIPPENSBURG PA 17257-0 Officers Name: Title: Address: LARRY L BOOZ President 199 BOOZ RD SHIPPENSBURG PA 17257-9726 Name: Title: Address: MARTHA E BOOZ Secretary 199 BOOZ RD SHIPPENSBURG PA 17257-9726 Name: Title: Address: MARTHA E BOOZ Treasurer 199 BOOZ RD SHIPPENSBURG PA 17257-9726 Name: Title: Address: ERICK A BOOZ Vice President 199 BOOZ RD SHIPPENSBURG PA 17257-9726 Copyright (0 2002 Pennsylvania Department of State. All Rights Reserved. Privacy Policy 1 Security Policy https://www.corporations. state.pa.us/corp/soskb/Corp.asp? 1860509 10/23/2014 Ronny R Anderson Sheriff - Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY G THE PROTHOl OTA 2013 JUL 17 M4 9: 53 CUMBERLAND COUNTY Cumberland Truck Equipment Company vs. Larry Booz (et al.) Case Number 2012-1139 SHERIFF'S RETURN OF SERVICE 02/27/2012 On this date Ronny R. Anderson, Sheriff mailed the within Complaint and Notice by certified mail, retum receipt requested to Larry Booz. 03/01/2012 04:40 PM - Robert Bitner, Deputy Sheriff, who being duly swom according to law, states that on March 1, 2012 at 1440 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Martha Booz, by making known unto herself personally, at 1099 Ridge Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. aet, R, DEPUTY 03/08/2012 08:15 PM - Michael Barrick, who being duly swom according to law, at on March 8, 2012 at 2015 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Erick Booz, by making known unto himself personally, at 25 Tumpike Road, Newburg, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. sem-- J-5 Of, VI e4q-C_ C =o4 MIC = RRICK, DEPUTY 03/08/2012 08:15 PM - Michael Barrick, who being duly swom according to law, s : es th = on March 8, 2012 at 2015 hours, he served a true copy of the within Complaint and Notice, upon he hin named defendant, to wit: 'Booz Milk Transport, Inc., by making known unto Eric Booz, Owner of : ooz Milk Transport, Inc. at 25 Turnpike Road, Newburg, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. 3-11)-5 ow fr eeA-L / MICHAE = R ICK, DEPUTY 03/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, s es th - e served the within Complaint and Notice upon the within named defendant, Larry Booz, in - - oilowing manner On February 27, 2012 the Sheriff mailed by certified mail, return receipt requested a true and correct copy of the within Complaint and Notice to the defendant's last known address of 172 Northwest Street #1, Portsmouth, New Hampshire 03801. The certified mail retum receipt card was received by the Cumberland County Sheriff's Office as "UNCLAIMED" on February 19, 2012, per USPS.com. SHERIFF COST: $142.15 SO ANSWERS, July 16, 2013 (c) CountySuite Sheriff, Teleosoft, Inc. RONR ANDERSON, SHERIFF Scott A. Dietterick, Esquire (PA I.D. #55650) Kathryn L. Mason, Esquire (PA I.D. #306779) JSDC Law Offices P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (Phone) (717) 533-2795 (Fax) Email: sad@jsdc.com, klm@jsdc.com Attorneys for Plaintiff CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF v. : NO.2012-1139 BOOZ MILK TRANSPORTATION, INC., DEFENDANT : CIVIL ACTION — LAW CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Answer to Defendant's Petition to Open Default Judgment was served on the following this 24th day of October, 2014, via First Class Mail, postage prepaid: Abom & Kutulakis, LLP Jason P. Kutulakis, Esquire 2 West High Street Carlisle, PA 17013 By: JSDC LAW OFFICES Kathryn L. Mason, Esquire Attorneys for Plaintiff AsoM & KuTULnxis Jason P. Kutulakis, Esquire Attorney I.D. #: 80411 2 West High Street Carlisle, PA 17013 (717) 249-0900 _� LEa Wl HE PRO T HONG 1 ryA R 2014 0CT 30 P11 2:02 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT IN THE COURT OF COMMON PLEAS COMPANY, CUMBERLAND COUNTY, PA Plaintiff v. NO. 2012-1139 CIVIL TERM BOOZ MILK TRANSPORTATION, INC. : CIVIL ACTION — LAW Defendant MOTION TO CONTINUE NOVEMBER 3, 2014 HEARING AND NOW, this 30`' day of October, comes Booz Milk Transportation, Inc., by through their attorney, Jason P. Kutulakis, Esquire, and files the within Motion to Continue, and avers as follows: 1. On October 14, 2014, a Petition to Open Default Judgment was filed in the above -referenced case. 2. On October 15, 2014, this Honorable Court ordered a hearing on the issue of service to be scheduled for November 3, 2014 at 1:00 p.m. 3. President of Booz Milk Transportation, Inc., Larry Booz, is a commercial pilot and is scheduled to fly out of the country and will not return until November 5, 2014. 4. Mr. Booz is also scheduled to be on a pre -planned vacation with his fiancee from November 7, 2014 — November 12, 2014. 5. Mr. Booz is then required to fulfil his commercial pilot's obligations from November 13, 2014 — November 15, 2014. 6. The next available date that Mr. Booz is available for Court is November 17, 2014. 7. This is the first continuance request sought by Booz Milk Transportation, Inc. 8. Undersigned counsel contacted opposing counsel, Kimberly Bonner, Esquire, to obtain her position regarding the relief requested in the instant motion; however, as of the filing of said motion, undersigned counsel had not received a return call. WHEREFORE, it is respectfully requested that This Honorable Court continue the hearing scheduled for November 3, 2014 to a date mutually convenient to all parties. Dated: 1 4-1-1 BY: Res ctfully submitted, AB • & TULAICIS, LLP Kutulakis, Esquire ID # 80411 gh Street Carlisle, P ' 013 (717) 249-0900 Attorney for Defendant, Boob Milk Transportation, Inc. CERTIFICATE OF SERVICE AND NOW, this 30th day of October, 2014, I, Shannon Freeman, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion to Continue November 3, 2014 Hearing by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Kimberly A. Bonner, Esquire P.O. Box 650 Hershey, PA 17033 'LOX— non Freeman CUMBERLAND TRUCK EQUIPMENT IN THE COURT OF COMMON PLEAS COMPANY, - .CUMBERLAND COUNTY, PA Plaintiff v. NO. 2012-1139 CIVIL TERM BOOZ MILK TRANSPORTATION, INC. : CIVIL ACTION — LAW Defendant ORDER OF COURT s'6 6. ,7AND NOW, this// day of .�% C.7:i Z!2014, upon consideration of the ue, t: ,fr; ?gy p-�e pos 4.., , r within Motion to Contin i Y 'O" o- -G•- . .ii r.• cheduled e of the Distribu e(n: Jason P. Kutulakis, Esquire Attorney for Defendant 2 West High Street arlisle, PA 17013 Kimberly A. Bonner, Esquire Attorney for Plaint P.O. Box 650 Hershey, PA 17033 ..� • .s E- : Copies 111.2t LEL 1430Y fl) o c oc By the Court oom # r,, c a -- --0 Z. .r- rri to Z C7 rn__°' :: 3 �, �,.- ` la..C.:CD r.\17.) grICI -•a ,: CUMBERLAND TRUCK EQUIPMENT COMPANY, Plaintiff V. . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA BOOZ MILK TRANSPORTATION,: INC., CIVIL ACTION - LAW Defendant NO. 12-1139 CIVIL TERM IN RE: PETITION TO OPEN JUDGMENT ORDER OF COURT AND NOW, this 3rd day of November, 2014, it appearing to the Court that service was appropriate, the Petition to Open Judgment is denied. By the Court, Edward E. Guido, J. ✓ Kimberly A. Bonner, Esquire For the Plaintiff ✓ Jason P. Kutulakis, Esquire For the Defendant :lfr • frzi LEL 'Oaf 9S :6 WV L- AONhICu ff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY N 0JHCNO L1140CC 15 PH ©S CUMBERLAND COUNTY PENNSYLVANIA Cumberland Truck Equipment Company Case Number vs. Booz Milk Transport, Inc. 2012-1139 SHERIFF'S RETURN OF SERVICE 09/02/2014 11:05 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Cumberland Truck Equipment Compnay, 25 Roadway Drive, Middlesex Township, Carlisle, PA 17015, Cumberland County, by handing to Bryan Sheldon, Comptroller, personally two (2) true and attested copies of the Writ of Execution and made the contents there of known to him. 09/29/2014 Sheriffs sale scheduled for October 15, 2014 at 3:00 p.m. for truck and tractor located on the property of Cumberland Truck Equipment. 09/29/2014 05:04 PM - Deputy Christopher Sharpe, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at Cumberland Truck Equipment Company, 25 Roadway Dr., Middlesex Twp, Carlisle, PA 17013, Cumberland County. 10/15/2014 ORDER OF COURT And now, this 15th day of October, 2014, upon consideration of the within Petition to Open Default Judgment filed by Defendant, Booz Milk Transportation, Inc., a rule is issued upon Plaintiff to show cause why it should not be granted. A hearing on the issue of service of original process scheduled for November 3, 2014 at 1:00 p.m. in Courtroom #3. The Sheriffs Sale scheduled for October 15, 2014 is stayed. By the Court, Edward Guido, Judge 10/28/2014 10:16 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Jason Kutulakis, Attorney, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Booz Milk Transport, Inc. at 2 W High Street, Carlisle, PA 17013. (Attorney Kutulakis did sign an acceptance of service form) A Levy had previously been done on October 22, 2014 by Deputy William Cline. 11/03/2014 ORDER OF COURT And now, this 3rd day of November, 2014, it appearing to the Court that service was appropriate, the Petition to Open Judgment is denied. By the Court, Edward E. Guido, Judge 11/07/2014 Property sale rescheduled for November 19, 2014 at 2:00 and 2:30 p.m. Sales to be held beginning first at Cumberland Truck Equipment, 25 Roadway Drive, Carlisle; and immediately following at 199 Booz Road, Shippensburg. . /�5Z) [ .,.�. p c( (c) CountySuite SheriffTeleosoft, Inl.,tc. 4 �� l9pto 3 !it/63S. 11/07(314 06:35 PM - Deputy Christopher Sharpe, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 199 Booz Road, Hopewell Township., Shippensburg, PA 17257, Cumberland County. 11/10/2014 08:38 PM - Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property of Booz Milk Transport, located at 25 Roadway Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County. 11/19/2014 Property sale scheduled for November 19, 2014 cancelled at rquest of plaintiffs attorney. Parties are attempting to work out some kind of agreement for payment. 12/01/2014 Property sale rescheduled for November 19, 2014 at 2:00 and 2:30 p.m. Sales to be held beginning first at Cumberland Truck Equipment, 25 Roadway Drive, Carlisle; and immediately following at 199 Booz Road, Shippensburg. 12/01/2014 02:55 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 25 Roadway Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County. 12/01/2014 05:05 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Sheriffs Sale Bill in the above titled action, upon the property located at 199 Booz Road, Hopewell Township, Shippensburg, PA 17257, Cumberland County. 12/08/2014 Property sales scheduled for this date cancelled at request of plaintiff. Defendants have paid plaintiffs attorney directly. 12/12/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Defendant paid plaintiffs attorney directly. SHERIFF COST: $1,139.41 SO ANSWERS, December 15, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, Inc. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net Cumberland Truck Equipment Company Vs. Booz Milk Transportation, Inc. WRIT OF EXECUTION (Pa R.C.P. 3252) NO 12-1139 Civil Tenn CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against Booz Milk Transportaion, Inc., Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; LEVY ON ALL PERSONAL PROPERTY, INCLUDING FURNITURE, APPLIANCES, TLEVISIONS, VCR'S, DVD PLAYERS, ENTERTAINMENT EQUIPMENT, JEWELRY, COMPUTERS, ETC., LOCATED AT : 199 Booz Road, Shippensburg, PA 17257 x - and all other property for the dedendant in the possession, custody or control of Cumberland Truck Equipment Company, located at 25 Roadway Drive, Carlisle, PA 17015, including a 2011 Volvo VNK 4V4NC9TJ3BN294333 and a 1992 Walker Trailer #1W9P82022N1030075. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of GARNISHEE(S), as garnishee, (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued;. (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as 1 • determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $44,445.55 Plaintiff Paid Interest at a legal rate of 6% from 8/29/14 @ $7.30 per day Law Library $.50 Attorney's Comm. % Attorney Paid $290.90 - Date: 08/29/14 REQUESTING PARTY: Name : Kimberly A. Bonner, Esq. Address: JSDC LAW OFFICES, Attorney for: PO Box 650, Hershey, PA 17033 Telephone: 717-533-3280 Supreme Court ID No. 89705 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the sealPf said • urt at C - lisle, Pavy i This . -day . f ! .�_ 20 4#1fr / a rothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300. statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Scott A. Dietterick, Esquire Supreme Court I.D. #55650 Kathryn L. Mason, Esquire Supreme Court I.D. #306779 James D. Young, Esquire Supreme Court I.D. #53904 JSDC Law Offices PO Box 650 Hershey, PA 17033 (717) 533-3280 (717) 533-2795 Attorneys for Plaintiff 211k ' DEC 15 r CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND TRUCK EQUIPMENT : IN THE COURT OF COMMON PLEAS COMPANY, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2012-1139 CIVIL TERM LARRY BOOZ, ERICK BOOZ AND MARTHA BOOZ, Individually and BOOZ MILK TRANSPORTATION, INC.,: DEFENDANT : CIVIL ACTION — LAW PRAECIPE TO SATISFY .TO THE PROTHONOTARY: KINDLY mark the above -captioned matter as Satisfied and Paid in Full. JSDC LAW OFFICES Kathryn L. Mason, Esquire DATE: December 12, 2014