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HomeMy WebLinkAbout12-1380 F" 2: Christopher E. Rice, Esquire I.D. Number 90916 LRL:'tD COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAtb?EY L VA h 1 A MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-/3 a O CIVIL TERM SWWP, INC., Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. 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, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 CI-9 /03.7s pc/ h'f -71 F.\FILES\Clients\13719 GET Inc\13719.6 SWWP\I3719.6.com/rnA Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - CIVIL TERM SWWP, INC., Defendant COMPLAINT AND NOW, comes the Plaintiff, GET Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, GET, Inc., is a Pennsylvania corporation with a registered business address of P.O. Box 62, Plainfield, Cumberland County, Pennsylvania. 2. Defendant, SWWP, Inc., is a Pennsylvania corporation with a registered business address of 651 Alricks Street, Harrisburg, Dauphin County, Pennsylvania 17110. 3. Plaintiff is in the business of, among other things, leasing vehicles it owns to third parties. 4. Plaintiff has leased a vehicle to Defendant under a Lease Agreement dated October 5, 2007, a copy of which is attached hereto as Exhibit "A." 5. Plaintiff has leased a vehicle to Defendant for the months of November 2011 through February 2012 for a total value of $6,188.84. A true and correct copy of Plaintiffs invoices are attached hereto as Exhibit "B." 6. Defendant has failed to pay for such leased vehicle and therefore, is liable to Plaintiff for the amounts owed plus costs, additional fees and interest for failing to return the vehicle. M 7. Despite repeated demands, no payments have been made by the Defendant for amounts due nor has Defendant disputed this debt. COUNT I - BREACH OF CONTRACT 8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 7 as if fully set forth. 9. Defendant has breached an expressed or implied agreement, directly or through agents, to pay for the leased goods and services provided to Defendant from Plaintiff and/or Plaintiff s agents. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $6,188.84, plus interest at 18% per annum from the date of the invoice, costs and additional fees for failing to return the vehicle. COUNT II - QUANTUM MERUIT 10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 9 as if fully set forth. 11. In the alternative to Count I, Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $6,188.84, WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $6,188.84, plus interest at 18% per annum from the date of the invoice, costs and additional fees for failing to return the vehicle. MARTSON LAW OFFICES ?.r By: Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: d?? Attorneys for Plaintiff EXHIBIT "A" LEASE AGREEMENT TI IIS AGREEMENT made and entered into this 5`f' day of October, 2007. by and between GET Inc., a Pennsylvania Corporation, with its principal place of business in the village of Plainfield. West Pennsboro Township, Cumberland County. Pennsylvania, P O Box 62, Plainfield, Pennsylvania. 17081, party of the first pad, hereinafter called "Lessor", and, S W WP Inc.. 46L9kE Naz twxU £'xutliskac 11& 4 2Qk3x party of the second 651 Alricks si--, Harrisburg, PA 17110 part. hereinafter called "Lessee", WITNESSETH: In consideration of these presents and the mutual covenants., promises and agreements herein contained, and intending to be legally bound, the parties mutually agree as follows: 1. Lessor hereby agrees to lease to Lessee, and Lessee agrees to lease from I:essor a] I those certain vehicles as more fully identified and set forth in Schedule "A" annexed. hereto. 2. The parties agree that the rate or charge for said vehicles is and shall be as set forth in. Schedule "A'" annexed hereto, said amount to be paid periodically as billed by Lessor. 3. The parties agree that this lease shall be in effect immediately upon execution and the terms thereof shall continue in effect for a specific period of time specified on the attached schedule. If no such time is specified on the attached schedule, the lease shall be in effect until either Lessor or I-essee notifies the other of its intention to terminate this lease and said vehicles are returned to Lessor. 4. Lessor agrees to perform and comply with the following terms and conditions: (a) to furnish all service and maintenance on said vehicles, including lubricants, at least once a month, or more often if necessary, at such place or places as designated by Lessor; and (b) to furnish the Pennsylvania registration and Federal Use Tax for said vehicles. 3. Lessee agrees to perform and comply with the following terms and conditions: (a) to supply all appropriate specified fuel for said vehicles; (b) to supply all fuel permits and cab cards necessary for said vehicles; and (c) to pay and or reimburse Lessor Ior any and all fees or charges of any nature whatsoever imposed upon said vehicles other than the Pennsylvania registration and Federal Use Tax for said vehicles, including but not limited to licenses necessary for out-of--state movements involving said vehicles; (d) to employ or otherwise provide the operators for said vehicles and to pay all wages or other compensation to such persons and to pay all other incidental charges legally necessary to provide operators for said vehicles that may be imposed by law or otherwise; and (e) to be subject to and pay all fines or other penalties arising out of the operation and use of said vehicles, including, but not limited to, overloading, width and height violations, speeding, u,reckless driving, etc.; (f) to make a speedometer or mileage check on each of said vehicles every 30 days, and to report the same by mail to Lessor the day immediately following the check: (g) to pay the rental hereunder as hilted, within ten (10) calendar days of the date of said bill; (h) to obtain, maintain, and provide at Lessee's sole cost and expense all liability insurance to protect: the parties herein against claims for bodily injury and property damage in such amounts of coverage as to comply with the laws of all jurisdictions in which said vehicles are operated, but in no event shall insurance coverage be less than 51,000.000 combined single limit of liability; Lessor must be named as Additional Insured under all such policies; (I) to obtain, maintain and provide at Lessee's sole cost and expense comprehensive and collision coverage on each vehicle in the amount designated as the insured on Schedule "A" attached hereto. naming Lessor as the primary insured as owner of the vehicles; 0) to provide to Lessor a bona tide Certificates of Insurance issued by the insurers of the policy (s) required under (h) and (I) above; (k) to indemnify, defend and hold harmless the Lessor, its officers, agents, employees, servants and assigns from and against any and all liability losses, claims, damages, demands, expenses and cost of any nature or type whatsoever, including, but not limited to. Lessor's reasonable attorneys' fees and other expense of defense, arising out of or during Lessee's use, operation. custody or control of said vehicles; and (1) return said vehicles to Lessor. at its place of business upon Lessor's demands or upon other termination of this lease agreement in. the same condition as when delivered to Lessee, reasonable wear and tear only accepted. 6, Lessee's obligations under paragraph 5 hereinabove shall extend and apply to any replacement vehicles provided by Lessor to l..essce while any vehicle designated on. Schedule "A" is being serviced by Lessor in accordance with Lessor's maintenance requirements. 6a. Lessee's obligations under paragraph 5 shall extend to any additional vehicles provided by Lessor to lessee under the terms of this lease. 6b. In the event Lessee's vehicle insurance coverages are cancelled or non- renewed, lessor is under no obligation to provide or secure replacement coverages for Lessee of any kind or nature. Furthermore. Lessee must immediately notify Lessor in writing of said cancellation or non-renewal. 6c. In the event vehicle coverages are cancelled or non-renewed. Lessee is obligated to return to the Lessor's premises in Plainfield. Pennsylvania 17081 all units under the terms and conditions of this lease. 7. Any changes or alterations in the terms and conditions of" this Lease Agreement shall be only in writing signed by both parties hereto. IN WITNESS WHEREOF, the parties have duly executed this Lease as of the day and year first written above. ATTEST- LESSOR: GET INC 'Lutx, 0' i" rixA By Vice President LESSEE: SWWP INC a Lu ? .__ ...---...... G....... - ............. _...__ ............. ...... By SCHEUUL F A TRACTORS MAKE ....._ I..NIT m YEAR SERIAL 1.- Kenworth 2008 2NKMHM6X58M230572 TRAILERS =I . 5. 6. TRACTOR RATES DA'T'E IN BEGINNIN'C3 RATE,"MILE SE=RVICE MILES TERM $1482 per month 1. plus cents per mile 10-8-07 182 _ 60 months TRAILER RATES 4. 5. 6. ATTI ST ATTL"ST: GF T INC. Fill Vice President SWWP INC. - " EXHIBIT "B" Page 1 Invoice GET INC. Invoice Number: 0016979-IN POBOX62 PLAINFIELD, PA 17081 Invoice Date: 11/30/2011 (717)243-4940 SWWP, INC 651 ALRICKS STREET HARRISBURG. PA 17110 Description Quantity Price Amount 3 TRUCK RENTAL 1.00 1,482.00 1,482.00 03 MILEAGE RATE 3,263.00 0.08 261.04 FC FINANCE CHARGE SEPT INV #16933 2.00 28.33 56.66 FC FINANCE CHARGE OCT INV #16958 1.00 28.29 28.29 Net Invoice: 1,827.99 Sales Tax: 109.68 Invoice Total: 1,937.67 Page 1 Invoice GET INC. Invoice Number: 0017004-IN P 0 BOX 62 PLAINFIELD, PA 17081 Invoice Date: 12/31/2011 (717)243-4940 SWWP, INC 651 ALRICKS STREET HARRISBURG, PA 17110 Description Quantity Price Amount - 3 TRUCK RENTAL 1.00 1,482.00 1,482.00 03 MILEAGE RATE 6,034,00 0.08 482.72 FC FINANCE CHARGE SEPT INV #16933 3.00 28.33 84.99 FC FINANCE CHARGE OCT INV #16958 2.00 28.29 56.58 FC FINANCE CHARGE NOV INV #16979 1.00 27.42 27.42 Net Invoice: 2,133.71 Sales Tax: 128.02 Invoice Total: 2,261.73 Page 1 Invoice GET INC. Invoice Number: 0017028-IN P O BOX 62 PLAINFIELD, PA 17081 Invoice Date: 1/31/2012 (717)243-4940 SWWR INC 651 ALRICKS STREET HARRISBURG, PA 17110 Description Quantity Price Amount 3 TRUCK RENTAL 1.00 1,482.00 1,482.00 03 MILEAGE RATE 3,496.00 0.08 279.68 FC FINANCE CHARGE NOV INV #16979 2.00 27.42 54.84 FC FINANCE CHARGE DEC INV #17004 1.00 32.01 32.01 Net Invoice: 1,848.53 Sales Tax: 110.91 Invoice Total: 1,959.44 [nr cnce * 3039 Truck 9 name Address SWWP, Inc Date 1'31/13 "ITrI # 651 Alricks Street I larrisburg„ PA 17110 I Returned check fee for check #3646 received an I /10/2012 1 $30.00 1 Sales Tax $0.00 Total $30.00 VERIFICATION I, - 1 r '~^ °is e. of GET, Inc., acknowledge I have the authority to execute this Verification on behalf of GET, Inc., and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. GET, INC. By. - ? ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY ?L Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 201211AR 16 APB 8: 44 ('UMSERL,"HL5 r d WJN4' PEPINSYi_VA IA GET, Inc. vs. SWWP, Inc. Case Number 2012-1380 SHERIFF'S RETURN OF SERVICE 03/01/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: SWWP, Inc., but was unable to locate tehm in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 03/07/2012 02:38 PM - Dauphin County Return: And now March 7, 2012 at 1438 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: SWWP, Inc. by making known unto Mike Icheck, Manager of SWWP, Inc. at 651 Alricks Street, Harrisburg, Pennsylvania 17110 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.45 March 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF t (-0 ki-tr-t Elf the 6*4cruf William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff GET, INC. VS SWWP, INC. Sheriff s Return No. 2012-T-0760 OTHER COUNTY NO.2012-1380 And now: MARCH 7, 2012 at 2:38:00 PM served the within NOTICE & COMPLAINT upon SWWP, INC. by personally handing to MIKE ICHECK 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at 651 ALRICKS ST. HARRISBURG PA 17110 MANAGER Sworn and subscribed to before me this 7TH day of March, 2012 -)P1 Z COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Sheriff of Dauphin County, Pa. By ? ' Deputy eriff Deputy: J AVILES Sheriffs Costs: $47.25 3/6/2012 F.\FILES`.Clients\13719 GET Inc\13719 6 SWWP\13719.6.pra.default/mah C-) V? I Christopher E. Rice, Esquire _VP ' tV .} `,,r I.D. Number 90916 ` - ''' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES >C-> Ten East High Street A Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., V. SWWP, INC., TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 1380 CIVIL TERM PRAECIPE Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant SWWP, Inc., in the amount of $6,188.84, plus interest at 18% per annum from the date of the invoice, costs and additional fees for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on March 28, 2012, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By Lg Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Dated: //// 7 ! Defendant 4 .5D ovd/?/J C?? Q6-Vf ..22 273g10 A6 f_ Ice. /Pcv/ ze F:I FILES`Chents\13719 GET Inc\13719.6 SWWP\13719.6.10daynotice/mah Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., V. SWWP, INC., Defendant TO: SWWP, INC. c/o Michael Palson 651 Alricks Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 1380 CIVIL TERM NOTICE DATE OF NOTICE; March 28, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILED IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By L?4 4 ?- X Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for GET, Inc. Any information obtained will be used for that purpose. Cr '1 Christopher E. Rice, Esquire I.D. Number 90916 X:u - - o cnr MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER C3 MARTSON LAW OFFICES Ten East High Street zo Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs 4 GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA V. NO. 2012 - 1380 CIVIL TERM SWWP, INC., Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is a business and not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is 651 Alricks Road, Harrisburg, PA 17110. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of? , 2012. N t Public v. COW40NWEALTH OF PENNSYLVANIA Nptarial Seal Mary M. Price, Notary Public Gr" Soro, CumberlN XI county eq*w Aug. 18, 2015 M ANiA Ag,?fiATION OF NOTARIES Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - 1380 CIVIL TERM SWWP, INC., Defendant COMMONWEALTH OF PENNSYLVANIA ) : SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant were was given to it by mail on March 28, 2012. Christopher E. Rice, Esquire Sworn to and subscr'bed I/ before me this day of 201x„ N a Public COMMONWEALTH OF PENNSYLVANIA Notate tySeal y Public Mary M. Price, Carlisle ?cg 2 15 r:MM MEMBER, PEMNS? VANIA ASSOnATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: SWWP, Inc. 651 Alricks Street Harrisburg, PA 17110 MARTSON LAW OFFICES By Mary, . Price Ten !st High Street Carlisle, PA 17013 (717) 243-3341 Dated: THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR GET, INC. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. a Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - 1380 CIVIL TERM SWWP, INC., Defendant : TO: SWWP, INC., DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on April , 2011, the following Judgment was entered against you in the above-captioned case: Judgment in the amount of $6,188.84, plus interest at 18% per annum from the date of the invoice, costs and additional fees for Defendant's failure to file an answer to the Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: SWWP, Inc. 651 Alricks Street Harrisburg, PA 17110 F \FILES\C1ients\13719 GET Inc\13719.6 SWWP\13719.6. pra.default/mah -? 6 Christopher E. Rice, Esquire am =0 r7 I.D. Number 90916 -- ? MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER r--:Zr ? MARTSON LAW OFFICES mn Ten East High Street n Carlisle, PA 17013 717-243-3341 crti Attorneys for Plaintiffs GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAN IA V. NO. 2012 - 1380 CIVIL TERM SWWP, INC., Defendant PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant SWWP, Inc., in the amount of $6,188.84, plus interest at 18% per annum from the date of the invoice, costs and additional fees for Defendant's failure to file an answer to the Complaint. I do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, on March 28, 2012, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By ? s __ Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ,// J I Dated: ?4 4 .5D ?7?b 2s;0?52 0 ? 273q/v /Vah lcc lval z ebl F. IFILES`Chents:03719 GET Inc\ 13719.6 SWWP\13719, 6.10daynotice/mah Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., V. SWWP, INC., Defendant TO: SWWP, INC. c/o Michael Palson 651 Alricks Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 1380 CIVIL TERM NOTICE DATE OF NOTICE; March 28, 2012 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILED IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By Christopher E. Rice, Esquire This is a debt collecting firm attempting to collect a debt for GET, Inc. Any information obtained will be used for that purpose. Christopher E. Rice, Esquire X I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street aa. Carlisle, PA 17013 ' 717-243-3341 Cn Attorneys for Plaintiffs GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - 1380 CIVIL TERM SWWP, INC., Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant above named is a business and not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is 651 Alricks Road, Harrisburg, PA 17110. (21?? ? SiX'?- Christopher E. Rice, Esquire Sworn to and subscribed before me this day of? 2012. tv, T 4t y Public COWMONWEALTH of PENNSYLVANIA ?ariai seal Mary M. Price, Wotary public p„M* am, Cumbdiand County EVm Aug. 18, 2015 M MQa ?SgGURiON of NOTARIES Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - 1380 CIVIL TERM SWWP, INC., Defendant COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiffs in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant were was given to it by mail on March 28, 2012. ? 1 57- /'Z-- Christopher E. Rice, Esquire Sworn to and subscribed before me this day of , 2011. lkvql All ??) tcc"' N Public COMMpNWEALdai SeaINNSYLVANIA NOW Mary M. Price, Notary Public CariC? cumbedand County res Aug. 18, 2015 NOTMUEs U MEMBER, vENNSn.VIAWA 106 noN of CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: SWWP, Inc. 651 Alricks Street Harrisburg, PA 17110 MARTSON LAW OFFICES By Mafy Price Ten ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR GET, INC. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Christopher E. Rice, Esquire I.D. Number 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs GET, INC., V. SWWP, INC., Defendant TO: SWWP, INC., DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 1380 CIVIL TERM NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on April , 2011, the following Judgment was entered against you in the above-captioned case: Judgment in the amount of $6,188.84, plus interest at 18% per annum from the date of the invoice, costs and additional fees for Defendant's failure to file an answer to the Complaint. Date: Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: SWWP, Inc. 651 Alricks Street Harrisburg, PA 17110 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA) CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION ?... - GET, INC. ? Confessed Judgment r, `= Plaintiff ? Other vs. File No. 2012-1380 c- My* SWWP, INC. Amount Due 6,188.84 C. ? ,F Degfer)dant Interest 18% per annum from die 91 invoice Address: 16 ?i r-Ltiv!tw Atty's Comm 31 , -10 k 1 l Costs -? F?? ? 1701s yy 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. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Any and all property owned by Defendant 'SWWP, Inc. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of 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 the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date _ Signature: Print Name: Christopher E. Rice, Esquire Address: 10 East High Street / Carlisle, PA 17013 Attorney for: Plaintiff 7(e 7??? Telephone: (717) 243-3341 S lG 3 ?? ?t,,.r 5 g? Supreme Court IDNo: 90916 31,s Jr r i 4 . 5-0 SL` Die Cam, QCD, 14 5 , So Du-e L C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 12-1380 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GET, INC. Plaintiff (s) From SWWP, INC., MICHAEL PALSON, OWNER/PRESIDENT, 290 FAIRVIEW STREET, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all property owned by Defendant SWWP, Inc.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) 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, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$6188.84 L.L. S.50 Interest 18% per annum from date of invoice p, 1W'.Z Atty's Comm % Due Prothy $2.25 Atty Paid $188.110 Other Costs Plaintiff Paid Date: JUNE 14, 2012 1 ln???? L) I' ? David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name : Christopher E. Rice, Esq. Address: Martson Law Offices, 10 East High Street, Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 717-243-3341 Supreme Court ID No. 90916 Jr- SHERIFF'S OFFICE OF CUMBERLAND COUNTY my R Anderson ,neriff k f ! C! 1"1- l o Jody S Smith Chief Deputy 4612JUL25 PM O L" 5 Richard W Stewart Solicitor t ' Rl CUMBERLAND COON i PENNSYLVANIA GET, Inc. vs. Michael J. Palson (et al.) Case Number 2012-1380 SHERIFF'S RETURN OF SERVICE 07/19/2012 07:34 PM - John Hanner, Deputy Sheriff, being duly sworn according to law, states that on July 19, 2012 at 7:34 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Adult in Charge for SWWP, Inc., to wit: Michael J. Palson at 290 Fairview Street, South Middleton Township, Carlisle, PA 17013, and informed Defendant of contents of same. 07/19/2012 07:34 PM - John Hanner, Deputy Sheriff, being duly sworn according to law, states that on July 19, 2012 at 7:34 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Michael J. Palson at 290 Fairview Street, South Middleton Township, Carlisle, PA 17013, and informed Defendant of contents of same. No levy was done at this time as defendant refused to allow deputies to do levy. Deputy Notes: SERVED MICHAEL PALSON OWNER OF ABOVE HE STATES IT WAS AN INTERNET BUSINESS AND HE DOESNT OWN ANY THING AND THAT THE ABOVE ADDRESS IS HIS WIFES HOME AND HE DOESNT HAVE ANYTHING IN IT. THEY BOTH REFUSED US TO DO THE LEVY HE STATES HE LIVES IN NEW YORK. 07/20/2012 Michael Palson, defendant, did speak with Sgt. Vioral this date. Palson denies that he resides here in Cumberland County; states he lives at 7610 249th Street, Belrose, NY 11426. Defendant also provided a cell number of 845-742-4321. Defendant states that the business address in Dauphin County has been vacated. Palson states that there are no assets for this business. 07/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED per request of plaintiffs attorney. SHERIFF COST: $59.26 SO ANSWERS, (,v Z July 24, 2012 RON R ANDERSON, SHERIFF Ccu,mv'- de Sncnff. Tr,e soft Inc >?y'y3 .40