HomeMy WebLinkAbout04-5133
09-3-04
C>4 - ~IJJ ~~L '-n-~ i
NOTICE OF JUDGMENT/TR'ANSCRlPt
CIVIL CASE
PLAINTIFF: NAME and ADDRESS
IpEMPSEY UNIFORM & LINEN I
335 SOUTH 2ND ST.
HIGHSPIRE, PA 17034
L .J
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF: CUMBERLAND
Macl D,st No
OJ Narne. Hon
THOMAS A. PLACEY
Add",", 104 S. SPORTING HILL RD.
MECHANICSBURG, PA
VS.
Te,'P''O"' (717) 761-8230 17050
DEFENDANT: NAME and ADDRESS
IALL TUNE & LUBE I
6506 CARLISLE PIKE
MECHANICSBURG, PA 17050
L .J
[Docket No.: CV00000191-041., ',':
Date Filed: 4/08/04 .
...
DEMPSEY UNIFORM & LINEN
335 SOUTH 2ND ST.
HIGHSPIRE, PA 17034
~
THIS IS TO NOtiFY YOU THAT:
Judgment:
FOR PT.AINTIFF
[!]
[!]
Judgment was entered for:
(Name)
T1RMPRRV tlNTFOR~ r. r.T1\TR1\T
Judgment was entered against: (Name)
AT.r" TUNE r. T.URR
in the amount of $
fi,RR"i.18 on:
(Date of Judgment)
R/24/04
o Defendants are jointly and severally liable.
o Damages will be assessed on:
o This case dismissed without prejudice.
(Date & Time)
Amount of Judgment $ 6,751. 68
Judgment Costs $ 133.50
Interest on Judgment $_ . ~O
Attorney Fees .b- '" . \TV J
Total ~$ 6,885.18
O Amount of Judgment Subject to
Attachment/42 Pa.C.S. S 8127 $
o Portion of Judgment for physicai
damages arising out of residential
lease $
Post Judgment Credits $
Post Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE DISTRICT JUSTICE,
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT,
'0\ 24- \ D4 Date tl
, District Justice
,1 certify that this is a true a~ of e rec
~ Dale'''-'-
, District Justice
My commission expires first Monday of Januar
SEAL
AOPC 315-03
DATE PRINTED:
8/24/04
3:37:34 PM
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DEMPSEY UNIFORM & LINEN,
Plaintiff! Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Case No.: 04-5133
ALL TUNE & LUBE,
DefendantJPetitioner
CIVIL ACTION; AT LAW
PETITION TO OPEN JUDGEMENT
AND NOW COMES, ALL TUNE & LUBE, by and through its attorney Monica E.
Baturin, Esquire, ofBATURIN & BATURIN LAW OFFICES, and hereby files this Petition to
Open Judgement pursuant to Pa..R.C.P. No. 2959, and in support, thereof, respectfully represents
the following:
1. Petitioner is All Tune & Lube, a foreign business corporation and automotive
franchise specializing in automobile repair/body work, with its principal place of
operation at 6506 Carlisle Pike, in Mechanicsburg, (Cumberland County)
Pennsylvania, 17050.
2. Respondent is Dempsey Uniform & Linen, a Pennsylvania business entity which
furnishes, cleans, maintains, picks-up and delivers uniforms, with its principal
place of business at 335 South 2nd Street, in Highspire, (Dauphin County)
Pennsylvania, 17034.
3. Petitioner and Respondent have had a working business relationship since 1998,
whereby Petitioner would pay Respondent in full every week for the uniforms it
provided to Petitioner.
4. On or about March 8, 2001, Petitioner and Respondent entered into a written
Renewal Service Agreement, for a term of thirty-six (36) months. (A Copy of said
Agreement is attached hereto and incorporated herein as Exhibit "A.")
1
5. In January, 2004, Petitioner, by way of Franchise Owner, Joseph L. Sipes,
verbally and in person, instructed Respondent's Representative and Route
Manager, Kenneth (Employee Identification Number 787), at Petitioner's place of
business that it would not be renewing its Servil::e Agreement in March of 2004
with Respondent.
6. Petitioner then followed-up in early February, 2004, with a letter from Petitioner's
General Manager Bill Baskeyfield to Respondent, confirming Petitioner's intent
not to renew the said Agreement in March, 2004. (A copy of said letter and
communication's Postal Receipt Card, received by Respondent's Agent Gary
McGuire, on February 13,2004, is attached hen:to and incorporated herein
as Exhibit "B.")
7. On or about April 13, 2004, Petitioner, by way of personal service on its General
Manager, Bill Baskeyfie1d, received a Civil Action Hearing Notice with an
attached Civil Complaint, seeking Judgement against Petitioner in the amount of
Six Thousand and Eighty -Eight Dollars and Sixty-Eight ($6088.68) Cents for an
alleged early termination of a contracted service not yet rendered, brought in the
District Justice Court of Magisterial District Number 09-3-04, by Respondent
Dempsey Uniform and Linen. (A copy of the signed Service of Process is attached
hereto and incorporated herein as Exhibit "C.")
8. The said civil hearing was scheduled for May 13, 2004, at 8:45 a.m. in the office
ofthe Honorable Thomas A. Placey, District Justice, at 104 S. Sporting Hill Road,
Mechanicsburg, (Cumberland County) Pennsylvania, 17050. (A copy of the Civil
Action Hearing Notice with Complaint, is attached hereto and incorporated herein
as Exhibit "D.")
9. Petitioner gave Notice to the District Justice's office by telephone in late April,
2004, and advised the District Justice of its Intention to Defend the
aforementioned action.
10. A few days after Petitioner gave notice of its intention to defend the civil suit
brought by Respondent, the District Justice's office called the Petitioner to inform
the Petitioner that the hearing was going to be rescheduled to a date and time in
August, 2004, and that Petitioner would receive written confirmation by mail of
the new date and time of the rescheduled hearing..
2
11. The next Notice the Petitioner received regarding the aforementioned matter was a
Civil Case Notice of Judgement/Transcript, personally served upon Petitioner by
an alleged employee of Dempsey Uniform and Supply on or about October 14,
2004, at Petitioner's place of business, notifying Petitioner that a Judgement of
Six Thousand Eight Hundred and Eighty-Five Dollars and Eighteen ($6,885.18)
Cents had been entered against the Petitioner by Respondent on October 12, 2004,
in the Office of the Cumberland County Prothonotary. (A copy of the said Notice
of Judgement/Transcript entered in the Cumberland County Prothonotary's office
is attached hereto and incorporated herein as Exhibit "E.")
12. Petitioner, by way of its Franchise Owner, Joseph L. Sipes, immediately contacted
District Justice Placey's office by telephone and advised the District Justice that
Petitioner had never received any written notice of the new date and time for the
rescheduled hearing that, apparently, took place in Petitioner's absence.
13. District Justice Placey's office informed Petitioner that a Judgement had, in fact,
been entered against Petitioner on August 24, 2004, in the amount of Six
Thousand Eight Hundred and Eighty-Five Dollars and Eighteen ($6,885.18)
Cents.
14. Petitioner, by way of Joseph L. Sipes, also informed the District Justice's office
on October 14, 2004, that it had never received any correspondence whatsoever
from the District Justice advising Petitioner that a Judgement had been entered
against it by District Justice Thomas A. Placey, on August 24,2004, and that
Petitioner also had a right to appeal that decision within thirty days after entry of
said Judgement.
15. Petitioner requested proof of service from the District Justice that the Notice of
the Rescheduled Hearing Date as well as the Notice of Judgement entered on
August 24, 2004, had, indeed, been sent to the Petitioner.
16. Petitioner was advised by the District Justice's office that both notices had been
sent to Petitioner by regular surface mail.
17. Petitioner has suffered great harm and pecuniary damage in that:
(A) Petitioner never received any written notice of the rescheduled hearing
3
date, and was, therefore, deprived of its legal right to defend the action in
Court and;
(B) Petitioner never received nor was aware ofthe required Notice of the Entry
of Judgement and was, therefore, deprivl~d of its lawful right to appeal the
said Judgement entered against it, in its absence.
18. Respondent is seeking substantial monetary damages based on an alleged
executory contract for future services that were 110t yet rendered to Petitioner.
19. Petitioner, who had been utilizing Respondent's services since 1998, gave both
verbal and written notice to Respondent months before the existing Renewal
Contract, which had been entered into in March, 2001, was due to expire in
March, 2004.
20. At the time the previous Service Renewal Contract expired in March, 2004,
Petitioner was current with its account to Respondent and owed no monies
whatsoever to Respondent.
21. Pursuant to the Service Renewal Contract, attached as Exhibit "A," which said
Contract was prepared by Respondent, Paragraph Nine states that "Any suit by or
against Dempsey relating to this Agreement shan be brought only in the Court of
Common Pleas in Lackawanna County or Northumberland County,
Pennsylvania;" therefore, the case against the Petitioner, which was brought by
Respondent in Cumberland County, should have been dismissed for improper
venue and/or lack of jurisdiction.
22. In addition, as the case caption is unclear, Petitioner does not know whether the
Petitioner was sued by Respondent in a corporate capacity or whether the
Respondent sued using a fictitious name .
WHEREFORE, due to the aforementioned reasons, Petitioner All Tune & Lube,
respectfully requests that this Honorable Court issue a Rule to Show Cause upon the
Respondent Dempsey Uniform and Linen, why the Judgement in the above-captioned matter
4
should not be opened and/or stricken from the record and order any other relief that this
Honorable Court deems fair, just and equitable.
Respectfully Submitted,
BATURIN & BATURIN LAW OFFICES
By:'.-"r tJY\.J'(~ ~
Mo . a E. Baturin, Esquire
(Attorney ill No.: 73356)
2604 North 2nd Street
Harrisburg, PAl 711 0
(717) 234 - 2427
(Attorney for Petitioner)
Dated: November 5, 2004
5
VERIFICATION
I, JOSEPH L. SIPES, AUTHORIZED AGENT FOR THE PETITIONER, DO HEREBY
VERIFY THAT THE STATEMENTS MADE IN THIS PETITION TO OPEN JUDGMENT
ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF, AND
INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
~
~
"os H L. SIPES
Authorized Agent
(SEAL)
UII~~/LUU~ U~'~L
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SERVICE"AGREEMENT
r \ ,
o New Services /'
0, Additional Service~"
].&tRenewa;q LL ;r OOl C)
~~~b~ 0 0 (1] W ~ [2]
Name I ALL TLt'A.JE"f /..
Addrc!51 ~:
St~e' I ~)l)" ('MI..ISL~r P.r~
City 1f'16C ~5,f;veC- StAte0~ Zip [2J[1J[Q][JrJ .
Phone~0[2-[7J~ ~ -(f1~~~ Pl~t~0B
Agreement No.
- TYPE -
UNIFORM &; LINEN SUPPL.V
_ .First impressions scare her~,
S .302 f:;?
SlC Code EZJ5JGJfl ~ - CLASS -
c:: [] CorporJtion 0 Pa/'Ulmhip
[] Guvemment ~wner
Installation Date
Frequency
~ent OCOG OSille
'.I!- -TERMS-
1J Charge - payment due . 'ash - payable upon
upon receipt of statement. dclivtry. Any unpaid
Finance charge of 1'/1% per balance will ~ subject 10 a
monlh on past due halance. rebill charge.
D Nalional Meoun' 0 H81.ardous Malerial!
Statement Address - Special Billing Inst.nlctions
A. The undersigned ("Customer") hereby~rdera 5crvices as outlined below from Dempsey f()nhe lerm of, monlhs from the
date of installation. Thereafter this A~reemenl shall continue in force for an additional like term unless ~ither party shall give wriitcn notice of
tamination at lellst ninelY (90) days pltior 10 the expiration date.
S, All anicles remain the sole and excJusi~e properlY of Dempsey. All anicles which require replacement due to normal wear and lear will be replaced
at no charge \0 C\lstomer: howev~, if ,~y lU'ticle iR lost, stolen. damaged. or abused. while in the pos9e.~sion of the Customer. the Cu~tomer agrees
lo pay Dempsey cun-ent replacement Value for arlicles.
C. All prices are guaranteed for a period e!f lwelve (12) months from the date of installation. Dempsey ~scrves the option to adjust all rental prices. not
lO exceed the increase in the ConsumeJr Price lnue" for the previous twclve (12) month period, on each anniversary dare of Ihis Agreement. No price
increase shall exceed 5%.
, ,
D. For each furnished uniform. there wql be .1 one.-time installation charge 10 partly offset (he cost of initial delivery. payable along with lhe first
payment. This ch3f'ge includes compa"y emblems and name emblems. if received. and a preparation charge for each individual garm t.
E. There will be IIn Ecological Fee asses~ed on all Customer deliveries included in the invoice lotal. 1$ ~,DC I
NO. OF GAiRMENT CHANGES CHARGE
EMPLOYEES (per week) (per emploYMI per week)
%
3.500
TOTAL MINIMUM WEEKLY RENTAL $ _
EXHIBIT "A"
nTe,,- flOY" J (;J A )
r '~ Emblem~
Form 18 Re~ 11/97
t,J/,'.O/LUV..J UU.~L
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'~'\ 'i\ ~i) l'bempsey .Qgree~ 10 furnlsh,'clean, maintain, pick up and deliver the articl~s of merchandise listed on the reverse ~d~; and Customer..a~r~es
. '~o' ~o tak;e such m~hsndise e:tclusivcly from Dempsey. Custom~ shall pa,\' In full ench week. 52 weeks a year. begJnnlng on the firJit dcJw'ery.
~'i,)Si\\y:-..,CJ~) . 'aj' I) 'II b h dl d . di'1 lb' d '11 :1. dci" l'd
2) Requc:.l~ fOT non-stock i\ems (e,g.; SpeCI SIzes, co or WI e a.n e On an lJ\ Vl( un aslS an WI ental~~. e. Itlona n er. .'
3) Cl1siomcrundentnnds that unless special protective gr.rments ~ specificallfo~rd~~, i:We:iJniforms p.f.5'~d~d"a~b ~~MQ\j)e.d.s~~!l protective '
garment~, si nee they will not provide lldequ ate protection!) p u5~d in.~eJdi ng, cuton g. grindins" .Dr'Oth~r"\)per:atj orn\where exposure to flame,
high temperature, ignition sources,: or hazardou,~ materials~i~ pOssi@e. ~ustOmer also Q,8}Oeno ide~~i!I,.anCl. hold hannless the company of
and from any injury or damage 10 person or propeny resulting from use of the items f,!~she~;_:::~T; _.. . (1NytIAL)
", ,. ........ .,/
4) Demp,ey wi\! futl\\sh uniforms (sitnilar in condition to uniforms then in suvicc) to !1ew'CmplQ.I~~5 hir.CQ, The weekly charge for ul\ifonns
o( new employees will be the samlt as for existing employees.
5) Subject to the neit paragraph, if a~ employee leaves the employment of Cu~tomer .lod is not replaced, the ~~ekly charge regarding that
employee will stop immediately ",ben all of that employet's uniforms hllve been returned to Dempsey or pnyment of full replacement cost
has been made for any unrelurned!uniforms. Customer is obligated to notify the company immedilllely of an einployee's termination.
6) If, during the terrm of thia llgrec~ent, Customer sells all or part of its busines5 an'd thereby loses must of its empl<,:/yees serviced by the
agreement, then Dempsey shall be' ntitled 10 terminate this agreement and Customer will poy the liquidated d~Q~eis set forth below unless
Dempsey and MY ~ucc:essor cl'lmp, ny agree to assignment of this agreement to the successor, Dempsey will not unreasonably withhold its
consent to assignment. ! .
7) Customer acknowledges that De psey ha.~ made and will ma.ke a substantial investment in obt.)ining and performing this agreement, and
that it would be very difTicult to ~1culate the damages incurr~d by Dempsey {mm CU5tomer's wmngfullermination of this agreement.
Therefore, jf Customer ejects to t minate this agreement enrly for any Teason (other than in ~trit:t compliance with the next paragnph). or'
if l)emp~ey terminates the agree. ent because of Customer's breach. then C\l5tomer will pay Demp~ey, as liquidated damages, an amount
equal to one.h.1.If (50%) of the to regular weekly rental charge multiplied by the nuniber of ",celts remaining in the lerm. plus the CUlTent
replacement value of any unretu ed or damaged renUllltems.
I
S) Dempsey's business has been buili on ucelleilt service. 10 CUSlomer5. Feedhack from I:U5lomer5 is imporunt to maintaining this tradition of
excellence. Therefore, Customer ojgrec.~ to give Dempsey detailed written notice of an:~ servi~c problem or breach of Dempsey's obligations
by certified mail. If Dempsey doe~ not cure the specific Service problem or breach within 30 days after receipt of such notice. Customer may
then terminate this agreement uppn re~eipt by qempsey of written notice of termination. Unless Cu~tomer complies strictly with this
paragl-aph, Customer shall be pre!cluded from as~erting any claim or defense based upon & service problem or a breach of Dempsey's
obligations. .
9) Should this ..coount be referred tp an attorney for collection, Customer agrees to P,IlY all reasonable attorRey's fees and legal expenses
through all ~tages of the collectiorl process. Actual fees and expenses shall be presumed reasonahle. Any suit oy or against Demp.~ey related
to t~i.s agreement shall be broughq only in Court of Common PI ens of Lackawann, CC)Unly or Northumb~land County. Pennsylvania shall
hav,jorisdic\ion to hear and deci(ie aU disputes, and shall be tried by a judge without a jury. " .
Dempsey
. Representative
Tille
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Print NlIme
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SPECIAL MERCHANDISE RIDER TO- SERVICE AGREE~ENT
This Rider is 1I. supplement to, an"d,fonrts a part of, the Service Agreemenl ("Agreement") dated
between Dempsey ("Supplier") and ("Customer").
If Customer breaches the Agreement or gives notice of no~.renewal of the Agreement. Customer agrees lo buy, upon demand of Supplier.
all of the following spoC'Jally purchaseq merchandise i;r seryic,e or held in stock by Supplier under the Agreeme.nt at the price spec1fied.
Customer must pay for ~uch merchandi5e 'within lhirt:i (~O) day~ after Supplier's d'ems,nd. Customer's obligations under this Rider shaIl
be in' addition to, and shall not be 'tC'Jn~trued to limit ~y manner, Customer's ~bligations contained in the Agreement. "
Specil\llnstrucli~ns
~/tS2
Customer ~()(
Accepted by
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Title
Date
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Demps~~ ~fo:rm & Linen Supply, Inc." I: ~~~j'? \) X t
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Salesman's Signature
Accepted by
Title
CUSTOMER COPY
J.L.Sipes Automotive Inc.
6506 Carlisle Pike
Mechanicsburg Pa 17050
(717) 766-8284
Dempsey Uniform & linen Supply
335 Second St
Highspire Pa 17034
Dear Sir,
This letter is to inform you that upon the completion of our contract at the end of February 2004
we will not be resigning. We are going in another direction and wish to thank you for the support
and service that you gave to us.
We wish you continued success in the future.
Sincerely.
William J. Baskeyfield G.M.
F.XHTRT'T' nRn
'i ;=MaD"li~~~;:~\/~: '<I"~'. :
, [] Registered ,'. [] Return Receipt for Merchandise
,~ ~ C II1SUI'8d Mall [] C.O.D. . ~ .t,">".
4. Re:iltrIcted Delivery? (Extra Fee) . . .":~~ [] Yes
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4314
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102595-02~1,540
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EXHIBIT liB"
10/25/2004 le:53
71773757:'3
nSTR leT C1JU?T fj93124
PAGE 134
. IJOMt'l10NWEAL TH OF PENNSYLVANIA
"'UNTY OF: CUXSERLAlIl'"D
SERVICE OF PROCESS'
.....g c", ...,.
09-3-04
P!...AI"'i'iFf': ",...Me .nd "'O~FlESS
rnmU?SBY mo'"IFORM 1: :r..nnm
335 SOUTH 2ND ST_
HI~~SPIRE, PA 17034
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D..; Nal:'le: '"1~n
THOMAS A. PLACEY
"""$1 104 8." SPORTING HILL RD.
. HECHANICSBt1RG, PA
VS.
t""",,,ne 017} 761-8230
17050
OEFEI'IIO~.NT: "AAO; .,,~:lOI'l;SS
fALL TUNE & LOBE
65011) CARLI.SLE PIKE
HEO~CSBURG, PA 17050
--,
THOMA~ . A. PLACBY
104 S. SPORTXNG HILL RD.
MECHANICSBURG, PA 17050
. ~
!DoCK,~tNo.: CV-0000191-04 .
I Date Flled~ 4/08/04 , -.'
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Served uponALL TmlB
Describe Document(s):
CIVIL COMPLAINT
~ LUBE
(Person tc be Ser\'ed)
I by handing a copy of
CIVIL ACTN HBAJUNG NOTICE
to
A'
~
on
H-/J..tl1
(Date) ,
, at
I a.~' CI-
. (Time)
P.M"at
bS-06
,~ DL_, h~L 12
(LOCS~::r1
For LandlordtTenant complaints:
Sil1ce none ot the above found, served by posting a copy of the complaint conspicuously on the
premises on
. at
.M.,
(D~te)
(Time)
at
(Location)
Mile::: Traveled:
f Ii.... A~
~ (Slcn~ure)
AO?C 624.~5
(;:>r:nt ~arne and TitlO!i
I)ATE PRINTBD: 4/08/04 11:12~14 AM
EXHIBIT "e"
COMMONWEALTH OF PENNSYLVANIA
, COUNTY OF: CUMBERLAND
...,'
pMag. Dls!. No.:
.'1
DJ Name. Hon.
09-3-04
CIVIL ACTION
HEARING NOTICE
PLAINTIFF: NAME and ADDRESS
IrlEMP:3EY UNIFORM & LINEN
335 :30UTH 2ND ST.
HIGH:3PIRE, PA 17034
L
-,
THOMAS A. PLACEY
Address 104 S. SPORTING HILL RD.
MECw&ICSBURG, PA
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VS.
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DEFENDANT: NAME and ADDRESS
fALL ~l'UNE & LUBE
6506 CARLISLE PIKE
MEC~~ICSBURG, PA 17050
L
Docket No.: CV- 0000191- 04
Date Filed: 4/08/04
-,
Telephone (717) 761- 8230 17050
ALL TUNE & LUBE
6506 CARLISLE PIKE
MECHANICSBURG, PA 17050
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A civil complaint has been filed against you in the above captioned case. A hearing has been set in this matter for:
Date: 5/13/04 Place: DISTRICT C~URT 09 - 3 - 04
r
104 S. SPORTING HILL RD.
Time: 8:45 AM
MECHANICSBURG. PA 17050
NOTICE TO DEFEND,ANT
If you intend to enter a defense to this complaint, you should so notify this office immediately at the above
telephone number.
YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS YOU DO, JUDGMENT MAY
BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert
at the hearing, you must file it on a complaint form at this office at least five days before the date set for the
hearing.
-
Pursuant to PA.R.CP.D.J. No. 342(8)(2), no claim by the defendant will be permitted in a supplementary action
filed for failure of judgment creditor to enter satisfaction.
NOTICE TO PLAINTIFF
If the defendant enters a Notice of Intent to Defend, you will be notified of the date and time of the scheduled hearing
and must appear.
If you are disabled and require a reasonable accommodation to !)ain access to the Magisterial District Court
and its services, please contact the Magisterial District Court at the above address or telephone number.
We are unable to provide transportation.
EXHIBIT "D"
AOPC 3088-03
DATE PRINTED:
4/08/04 11:11:39 AM
..,-
OOMMONWEALTH OF PENNSYLVANIA
COUNTY OF: Dauphin
CIVIL COMPL-AINT,
.-'
Mag. Dist. No.: 09-3-04
PLAINirlFF:
NAME, ADDRESS, PHONE
OJ Name: Hon, Placey
r
. Dempsey Uniform & Linen
335 S. 2nd Street
Highspire, PA 17034
1
Address: 104 S. Sporting Hill Road
L
J
City: Mechanicsburg
St: PA
Zip; 17050
VS
DEFEN DANT: NAME, ADDRESS, PHONE
Telephone: 717-761-8230
r
All Tune & Lube
6506 Carlise Pike
Mechanicsburg, PA 17055
1
L
Amount Date Paid
FILING COSTS $ I{/(;. fJo
POSTAGE $
SERVICE COSTS $ '2.1J.OO
CONSTABLE ED. $ 6.(Jl)
TOTAL $ . 1'33.50 fie/of
rooc... No.'
l.2:-ate Filed:
J
{N- (~/-
4-1 104
TO THE DEFENDANT: The above named plaintiff(s) asks judgment against you for $6.088.68 together
with costs upon the following claim (Civil fines must include citation of the statute or ordinance violated):
~rly .{t1Win;;;~H(YI ttf (!,urYfYae:r# ~~
I, Scott Benjamin verify that the facts set forth in this complaint are true and C rect to the best of my knowledge,
information, and belief. This statement is made subject to the penalties of Se' 904 e Crimes Code (18 PA, C.S. ~ 4904)
related to unsworn falsification to authorities.
Plaintiff's
Attorney: Address:
Telephone:
City:
State:
Zip:
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, YOU SHOULD SO NOTIFY THIS OFFICE IMMEDIATELY AT
THE ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS
YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to
c 'l1'lJJrioH'.)~'Il)jJip/)ra.')' olrernerflle..:. oikt'16fJ ell'ii ({)J!fpiul!ajhrm 7.d()c
EXHIBIT "D"
TRESPASS AND ASSUMPSIT COMPLAINT
NOTE: This office can take your complaint only for the following:
Defendant must live in our Magisterial District
Accident occurred in our Magisterial District
Action took place in our Magisterial District
Contract made in our Magisterial District
OR
OR
OR
YOUR NAME Dempsev Uniform & Linen
ADDRESS 335 S. 2nd Street
Highspire, P A 17034
TELEPHONE 717-985-5061
DEFENDANT'S
NAME All Tune & Lube
6506 Carlisle Pike
Mechanicsburg, PA 17055
TOTAL AMOUNT YOU ARE SEEKING: $6.088.68
ASSUMPSIT ACTION
Why money is owed (brief explanation, date of transaction and any othi;:r pertinent facts necessary for
complaint):
f.~ Vli {-tVfYJI'na-f;:im of tuwtrrf Mn/Yaut
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EXHIBIT "D"
"-
Accounts Receivable : Customer Inquiry ALL T~E & LUBE
-------------------------------------- 6506 CARLISLE PIKE
Comparty Number: 1 COO ' '
Cust/lnv Number: ALLT0010 720347 MECHANICSBURG
Date Document Number T~)e
Age
A/lK)unt
1 3/15/04
I n1foice
18
663.00
10932356
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PA 17055
Balance
663.00
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Ship to~ ALLT0010
ALL TlJ\IE & LUBE
6506 CARLISLE PIKE
MED-IAN I CSB..RG
PO H:
Man/
Line Item
Number: 10932356
3/l!:i/04
, ,
Bill to: ALL T0010
ALL TlJIlE & LUBE
6506 CARLISLE PIKE
PA 1J055
MECHANI CS8URG
PA J.7055
DeL No~ ;rZ0347 coo TxCd: 0 Rate: 6.00 MinInv:
+-1++++++++++++++++++++++++++++ + f + + + +++
Name/ +/rrinting contents of screen...
Description +.
0.00
+
+ ate Charge
+ ------
------------------~---------+
3 SK2.6BK
6 PT60BN
18 SKUBK
19 PT60BN
27 SKZ2BK
LOST-SIPES J+I~it 'CR' to continue: + 0(110
LOST-BARRID<+: + 0<110
LOST-BASlSEYF++++++++++++++++++++++++++++++++++++++ 0Q10
LOST -LEINn>K3 : 0<110
LOST-~SKEYFltLD CINDY-3/8/4 0 0 2 34.00Q10
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Sin~'VleE' AGREEMENT
r \
ONew Services /
D, Additional service~../'"
~Renewaf1 LL ;r O{}( (J
~~~b:DD[1]W~[Z]
Name l.&.L 7L.-'A.lE l' ,L
Address l
Street r ~5"D" C'MJ.../SL6.r PIkE"
City lt16C ~S6.Je{,- StAle0~ Zip [ZJ[2JlQ][JrJ .
Phone [2] [2] [2 - [1J ~ c'& - [f] ~ ~ ~ Plant ~0B
UNIFORM.r. LINEN SUPPLY
._ .First impressions scare her~,
S .102 f;?
SIC Code EZJ~[3J0 ~ - CLASS -
, (J Corporation 0 Pan.ncnhip
!J OovemmUll ~wner
Frequency
- TYPE -
DEMPSE'f
Agreement No.
Installation Date
~enl DeoG o Sale
'.,It
- TERMS -
(::3 Chargc - paymcnt due ..
upon receipt or SlAlttnUlt.
Finance cwge of I'll"" pc:
month on pan due DBlance.
D National Account
'uh - payable upon
dc!ivtl)'. Any unpaid
balance will be subjccllo a
~bill charge.
D Hu.ardous Malenal,
Slelement Address - Special Billing Insll'lJctions
A. The undersigned ("Customer") herebYt; rliera services as outlined below from Dempsey f,)r,the term of months from the ,
date of installation. Thereafter this A reement shall continue in force for an additional like tenn unless :ither party shall give written notice of'
termination at lellSt ninety (90) days p, 'or to the expiration date,
S, A.II anicles remain the sole and excJusi~e property of Dempsey, All articles which require replacement due to normal Wcar and tear will be replcll:ed
at no charge to Customer: however, if ,~y ~icle i~ lost, &Iolen. damaged, or abused. while in the posse.~sion of the Customer, the Customer agrees
to pay Dempsey CUlTel\t replacement Value for articles.
C. All priees are guaranteed for a period elf twelve (12) months from the date of installation. Dempsey reserves the option 10 adju~t all rental price~, not
to exceed the jncrea~e in the ConsumeJ Price lode" for the previou~ twelve (12) month peliod. on each anniversary dare of this Agreement. No price
increase shall exceed 5%.
D. For each (ur?ished un.irom, there wi:!) be a one..time installation charge to panly offset the cost of initial deli~ery, payable along with the first
payment. This charge mcludes compaJlY emblems and name emblems, if received, and a preparation charge for each ind;vidulI] gann I.
E. There will be:. II". E.cological Fee asses fed on all Customer deliveries included in the invoice total. 1$ B. 00 l
NO. OF GAi~MENT CHANGES CHARGE
EMPLOYEES (per waek) (per emploYlIlptrwlek)
%
TOTAL MINIMUM WEEKLY RENTAL $ 35 DO
'Dre~C~ II/J _ )
r '~ Emblem~
Form 16 Rev. 11197
EXHIBIT liD"
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'~'\ '\\ ~'> :'b~i>sel,agree~ 10 furnlsh:clean, maintain, pick. up and deliver the articl:s of merchandise listed on the. reverse. ~d~; and Custoiner..a~~es
. ,\, \0 ta~e such m~hsndise exclusively from Dempsey, Customer shall pay In full ellch week, 52 weeks a year, beglnntng on the fir!tt drh'f,l"ery
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2) Reque~t~ fOT n~n.stock hems (e.g.; special sizes, color) will be handled on an individual basis and will entAihl!. additional rider. .
:3) C~'siomerundentnnds that unless special protective garments m spocificall1ord~, 'lOW; un i fonns p'~~V)d~d"~~e ~~tto}e.Js~ ~s protective "
garments, since they will not provia= adequate protecnon'.;p u6~d in..~eJ.d.ing, cutting. erindins,. Dr'Oth~n)per:atlom\where exposure to flame,
high temperature, ignition sources,: or hazardous materials~l~ pQ.ssi~e. ~ustome: also :a~~?to ide~~~!pnd. hold hannless the company of
and from any injury or damage to person or propert)' resulung from use of the Items f: l\.lshed,;_~.~T: _.. . (lNyTIAL)
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4) Dempsey will furnish uniforms (similar in condition to unifonns then in service) to new'Cmplo.Y~~s hireel, The weekly charge for unifonns
of new employees will be the s~e as for existing employees. .
5) Subject to the neit paragraph, if a~ employee leaves the employment of Cu!:tomer ~Lod is not replaced, the ~~e.kly charge regarding that
employee will stop immediately ",hen all of that employe~'s unifonns hl1ve been murned to Dempsey or pnyment of full repl~ernent cost
has been mnde for any unreturnodluniforms. Customer is obligated to notify th= company immedilucLy of an employee's termination.
, .
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6) lC, during the terms of thia agrccn~ent, Customer sells oil or part of its business an'd thereby loses most df its emp19yees serviced by the
agreement, then Dempsey shall be ~ntitled to terminate this agreement and Customer will poy the liquidated damages set forth helow unless
Dempsey Ind o.ny suce:essor c()mp~ny agree to assignment of this agreement to the successor, Dempsey will not unreasonably withhold its
consent to assignment. !
7) Customer Ilcknowledges that De psey ha.~ made and will ma.ke a substAntial investment in obtaining and performing this agreement, and
that it would be very diflieult 10 Blculate the damages incurred by Dempsey fmm Cusmmer's wrongful tennination of this agreement.
Therefore, jf Customer elects to I minate this agreement ellTI}' for any reason (olber than in strict compliance with the neltt paragraph), or'
if I)emp~ey terminates the agree ent because of Customer's breach, then Customer will pay Dempsey, as liquidated damages, an amount
equal to one.hAlf (50%) o{the to' regular weekly rental charge multiplied by the number of weeks remaining in the lenn. plus the current
replacement value of any unretu ed or damaged rental Items,
I
8) Dempsey's business has been built on excellent service to cu!:tomers, Feedhack from customers is important to maint.'\ining this tradition of
=xcellence, Therefore, Customer I' rec..~ to give Dempsey detailed written notice of any service problem or breach of Dempscy's obligations
by certified mail. If Dempsey doe not cure the specific service problem or breach within 30 days after receipt of such notice. Customer ,may
then terminate this agreement up n re~eiptby ~empsey of written notice of termination. Unless Customer complies strictly with this
paragl'aph, Customer shall be pre!cluded from aSllerting any claim or defense based upon a service problem or a breach of Dempsey's
obligations. .
9) Should this l\ccount be referred tp an attorney for collection. Cuslomer agrees to pay all reasonable attorRcy's fees and legalll"penses
through all stages of the cCll1ectio~ process. Actual fees and ex:pense~ ~hall be presumed reasonahle. Any suit by or against Demp~ey related
In t~is agreement shall be brough~ ollly in Court of Common PI ens of Lackawanna County or Northumb'~.1and County, Pennsylvania ~hall
hav,..)urisdielion to hellr and deci& all disputes, and shall be tried by ajudge without a jury. " '
Dempsey
. Represenlative
Title
Gcneral
Mana8er'~
Signature
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Signature /
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SPECIAlL MERCHANDISE RIDER TO- SERVICE AGREEM;ENT
This Rider is a supplement to, an'd,fomls a pan of, the Service Agreemenl ("Agreeml=nt") dated
between Dempsey ("Supplier") and , ("Cu5tomer").
If Customer breaches the Agreemonl or gives notice ofnoJ;l.renewal of the Agreement. Customer agrees to buy, upon demand of Supplier.
all of the following speCially purchasect merchandise in seryic~ or held in stock by Supplier under the Agreement Bt the price spec1fied.
Customer must pay for 1\uch merchandise within thirl:( (~O) daY:I after Supplier's d'emand, Customer's obligations under this Rider shall
be in' addition to, and shall not be 'comtrued to limit ~y manner, Customer's ~bligations contained in the Agreement. '.
Spccillllnstrucli~ns
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Accepted by
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CUSTOMER COPY
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Demps~~ ~form & Linen Supply, Ine." l: ~~;)'? \,) Y. t
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Accepted by
Title
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Date: AprilS.2004
D.J. Name:
Address:
Honorable Placev
104 S. Sporting Hill Road
Mechanicsbure:. P A 170S0
Telephone:
761-8230
Dear Honorable Placev.
Please file the enclosed Civil Complaint or Order of Execution. Included with the necessary forms is a
check for $133.50 to cover filing costs ($
) and serving costs ($
).
Thank you for accepting this filing by mail.
Service Manager
cc: Customer Litigation File
encl: aCivil Complaint Form
ll"kvoice (copy)
~eceivables (copy)
if50ntract (copy)
tlcheck
o Order of Execution Form(s)
o Notice of Judgement (copy)
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PROTHONOTARY'S OFFICE
Court House - Carlisle, PA 17013
In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that
the following ~rEler) (Eleefee) (judgement) was entered against you in this office.
Plaintiff l>~p~~ Ut...,lL Defendant lJ.Ll~ ~ ~WE..-
~ll~~
Date 0c...-J- I;l.." 20 0'1
# c:>LI......f1dJ (J, ~erm
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Curtis R. Long
Prothonotary
EXHIBIT "E"
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-3-04
NOTICE OF JUDGMENTITRANSCRIPT
PL NTI~F CIVIL CASE . , . .
AI -: NAME and ADDRESS
1r>EMPSEY UNIFORM & LINEN I
335 SOUTH 2ND ST.
HIGHSPIRE, PA 17034
L ~
I MaQ. Olsr !\Jo . , " ,
OJ Name' Hon
THOMAS A. PLACEY
AddresS 104 S. SPORTING HILL Ri:J.
MECHANICSBURG, PA
VS.
Telephone: (717) 761-8230 17050
DEFENDANT: NAME and ADDRESS
fALL ~L'UNE & LUBE
6506 CARLISLE PIKE
MECH1~ICSBURG, PA 17050
L
Docket No.: CV- 0000191- 04
Date Filed: 4/08/04
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DEMPSEY UNIFORM & LINEN
335 SOUTH 2ND ST.
HIGHSPIRE, PA 17034
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FOR PLA TNTIFF
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THIS IS TO NOTIFY YOU THAT:
Judgment:
[i] Judgment was entered for:
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(Name) nRM'P~'BY UNT1i"O"R~ Sr r.TNRN
('\0
00 Judgment was entered against: (Name) Ar.L TUNE & T,m::n,=
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in the amount of $
fi "RRE; 1 Ron:
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(Date of Judgment)
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D Defendants are jointly and severally liable.
, D Damages will be assessed on:
D This case dismissed without prejudice.
(Date & Time)
D Amount of Judgment Subject to
Attachment/42 Pa.C.S. ~ 8127 $
o Portion of Judgment for physical
damages arising out of residential
lease $
Amount of Judgment $ 6,751.68
Judgment Costs $ 133.50
Interest on Judgment $ .00
Attorney Fees
Total $ 6,885.18
Post Judgment Credits $
east Judgment Costs $
------------
------------
Certified Judgment Total $
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF ~PPEAL.
EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR DISTRICT JUSTICES, IF THE JUDGMENT HOLDER
ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT
OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED BY THE DISTRICT JUSTICE.
UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE
A REQUEST FOR ENTRY OF SATISFACTION WITH THE DISTRICT JUSTICE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES,
OR OTHERWISE COMPLIES WITH THE JUDGMENT.
My commission expires first Monday of Januar
EXHIBIT "E"
, District Justice
~ Date
:I certify that this is a true a
~ 24 \ 04- Date'--~-
::;::;.
p oceedings containing the judgment.
, District Justice
.-'" ;
SEAL
AOPC 315-03
DATE PRINTED:
8/24/04
3:37:34 PM
~HIBIT............f:"------------------------
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DEMPSEY UNIFORM & lINEN, )
PlaintifflRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
)
)
)
CIVIL ACTION: AT LAW
NO. 04-5133
ALL TUNE & LUBE,
DefendantJPetitioner
CERTIFICATE OF SERVICE
I, Monica E. Baturin, Esquire, of the Law Firm of Baturin & Baturin, hereby certify that I
served a true and correct time-stamped copy ofthe Defendant's Petition to Open Judgment by
depositing same in the United States Mail, Harrisburg, Pennsylvania, by certified mail, return
receipt requested, postage prepaid, addressed as follows:
Dempsey Uniform & Linen
335 South 2nd Street
Highspire, P A 17034
BATURIN & BATURIN
Date: November 5, 2004
11 -
By: tN'll ~
Mo .caE.Baturin~
Attom'~y I.D. # 73356
2604 North Second Street
Harrisburg, P A 17110
(717) 234-2427
Attoml~y for DefendantlPetitioner
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DEMPSEY UNIFORM & LINEN,
PLAINTIFF /RESPONDENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALL TUNE & LUBE,
DEFENDANT/PETITIONER
04-5133 CIVIL TERM
ORDER OF COURT
AND NOW, this 15th day of November, 2004, upon consideration of the foregoing
petition, IT IS ORDERED:
(1) A Rule is issued against respondent, Dempsey Uniform & Linen, to show
cause why the petition to open a judgment should not be granted.
(2) Respondent shall file an answer to the petition within fifteen (15) days of
service.
(3) The petition shall be decided under Pa. Rule of Civil Procedure 206.7.
(4) Any depositions shall be completed within thirty-five (35) days of service.
(5) Briefs shall be filed in chambers and argument shall be held on Monday,
January 31, 2005, at 11 :00 a.m., in Courtroom No. II of the Cumberland County
Courthouse.
(6) Notice of the entry of this order shall be provided to all parties by petitioner.
(7) All proceedings shall stay pending further ~~rt.
By t<e cour /
{UW,
Edgar B. Bayley, J. \
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Monica E. Baturin, Esquire
F or Petitioner
Dempsey Uniform & Linen
335 South 2nd Street
Highspire, PA 17034
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DEMPSEY UNIFORM & LINEN, )
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
)
)
)
CIVIL ACTION: AT LAW
NO. 04-5133
ALL TUNE & LUBE,
Defendant/Petitioner
CERTIFICATE OF SERVICE
I, Monica E. Baturin, Esquire, of the Law Firm of Baturin & Baturin, attorneys for the
PetitionerlDefendant in the above-captioned matter, do hereby certify that on November 8, 2004,
I deposited in the United States Mail, Harrisburg, Pennsylvania, an article of Certified Mail,
Return Receipt Requested, a clocked-in copy of the Petition to Open Judgment attached thereto,
bearing Article No. 7000052000230131 8547, addressed to: Dempsey Uniform & Linen, 335
South 2nd Street, Highspire, Pennsylvania 17034.
The said article of Certified Mail, as shown by the Postal Return Receipt Card, was
received by the Defendant on November 9, 2004, and according to same, was signed, to wit: by
Nelson Berrios, which card is attached hereto and marked as Exhibit "A", along with the deposit
slip dated November 8, 2004, for said article of Certified Mail aforementioned.
Date: November 18, 2004
BATURIN & BATURIN
By:!1i)'1l( <c..o-.- e ,~
Monica E. Baturin
Attorney I.D. # 73356
2604 North Second Street
Harrisburg, P A 17110
(717) 234-2427
Attorney for PetitionerlDefendant
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CERTIFIED MAIL RECEIPT
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1bta1 Postage & Fees $
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PlaintiffIRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
)
)
)
CIVIL ACTION: AT LAW
NO. 04-5133
ALL TUNE & LUBE,
DefendantJPetitioner
CERTIFICATE OF SERVICE
I, Monica E. Baturin, Esquire, ofthe Law Firm ofBaturin & Baturin, attorneys for the
Petitioner/Defendant in the above-captioned matter, do hereby certify that on November 18,
2004, I deposited in the United States Mail, Harrisburg, Pennsylvania, an article of Certified
Mail, Return Receipt Requested, an Order of Court dated November 15, 2004, signed by the
Honorable Edgar B. Bayley along with a clocked-in copy of the Petition to Open Judgment
attached thereto, bearing Article No. 7000 0520 0023 0131 8844, addressed to: Dempsey
Uniform & Linen, 335 South 2nd Street, Highspire, Pennsylvania. 17034.
The said article of Certified Mail, as shown by the Postal Return Receipt Card, was
received by the Defendant on November 19,2004, and according to same, was signed, to wit: by
Ronald Cole, which card is attached hereto and marked as Exhibit "A", along with the deposit
slip dated November 18, 2004, for said article of Certified Mail aforementioned.
BATURIN & BATURIN
Date: November 22, 2004
By: 1'J 0Yl1 '~ t~
Mo ica E. Baturin
Att rney J.D. # 73356
2604 North Second Street
Harrisburg, P A 17110
(717) 234-2427
Attorney for Petitioner/Defendant
US Postdl SerVlct'
CERTIFIED MAIL RECEIPT
I Domestic Mall Gnly; No Insurance Coverage Prov/(!cd I
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Total Postage &. Fees $
Exhibit "A"
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DEMPSEY UNIFORM & LINEN
SUPPLY, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff/Respondent
v.
ALL TUNE & LUBE
Defendant/Petitioner
NO. 04-5133 CIVIL TERM
RESPONDENT'S REPLY TO PETITION TO OPEN JUDGMENT
COMES NOW, the Respondent, by its counsel, Cardoni & Associates and in response to
the Petition to Open Judgment, replies as follows:
1.
ADMITTED IN PART.
By way of further response Respondent states that
at all times relative to this contract, Petitioner operated and had a place of business at 6506
Carlisle Pike, Mechanicsburg, P A 17050. Plaintiff is without sufficient information to either
admit or deny any of the remaining allegations in this Paragraph.
2.
ADMITTED IN PART/DENIED IN PART.
It is admitted that Dempsey
Uniform and Linen Supply, Inc. is a Pennsylvania business entity. By way of further response,
Dempsey's principal place of business is 1310 Clay Avenue, Dunmore, PA 18510.
3. ADMIT.
4. ADMIT.
5.
DENIED.
By way of further response Dempsey states that at no time relevant
to this claim did Dempsey ever employ a manager or route person named "Kenneth" or anyone
whose employment identification number corresponds to the allegations in this Paragraph.
Dempsey denies that Petitioner gave any notice in January 2004 regarding its intent not to renew.
By way of further response, the March 8, 2001 Rental Service Agreement specifically provides
that: "Thereafter, this Agreement shall continue in force for an additional like term unless either
party shall give written notice of termination at least ninety (90) days prior to the expiration
date." Petition has failed to allege that they provided written notice ninety (90) days prior to the
expiration date of the Rental Service Agreement (December 8, 2.003) and thus has failed to allege
a "meritorious defense" and therefore this Petition to Open is demurrable.
6. DENIED AS STATED. Dempsey acknowledges receiving correspondence
from Petitioner in February 2004. By way of further response Dempsey states that as of
December 8, 2003 the Rental Service Agreement had renewed for a like three (3) year period
since the Petitioner failed to provide written notice of its intent not to renew by December 8,
2003.
7.
8.
9.
ADMIT.
ADMIT.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time.
10.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time.
2
11.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time. By way of further response, Respondent states that Petitioner mischaracterized
the procedural history of this case. A judgment was entered against Petitioner on August 24,
2004 by District Justice Thomas Placey. Thereafter, the judgment was transferred to This
Honorable Court on August 12, 2004 pursuant to Pa. R.C.P.D.J. No. 402. See Exhibit "E" to
Petitioner to Open Judgment. The date of this judgment is August 24, 2004, not October 12,
2004.
12.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time.
13.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time.
14.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time.
3
15.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time.
16.
NEITHER ADMIT OR DENY. After
reasonable
investigation
the
Answering Respondent is without sufficient information to either admit or deny the allegations
in this Paragraph and therefore pursuant to the Pennsylvania Rules of Civil Procedure denies the
same at this time.
17.
18.
A-B DENIED.
DENIED AS STATED.
Respondent is seeking liquidated damages agreed to
in a contract by Petitioner as a result of Petitioner's breach of contract.
19. DENIED. By way of further response, the Respondent states that the
allegations contained in this Petition are demurrable in that even if this Court were to assume that
all of the facts in this Petition were true, the Petitioner has acknowledged a breach of contract by
failing to provide written notice of its intent to terminate by December 8, 2003.
20. ADMIT.
21. DENIED. This Paragraph calls upon the Answering Respondent to offer a
legal conclusion and therefore pursuant to the Pennsylvania Rules of Civil Procedure requires no
response from the Answering Respondent. To the extent any response is required any allegation
is denied. By way of further response, the contract speaks for itself and the Petitioner had ample
opportunity before the District Justice to make any objection to venue. There is no jurisdictional
argument.
4
22. NEITHER ADMIT OR DENY. Petitioner was sued by the same name it
entered the March 8, 2001 Rental Service Agreement, with Respondent. This allegation is not
relevant to any issue raised by a Petition To Open. Respondent denies any remaining allegations
in this Paragraph.
NEW MATTER
1. The Petitioner failed to allege any "meritorious defense" to the underlying cause
of action and therefore has not plead sufficient facts which would allow this Court to grant the
Petition to Open.
2. The Petitioner has acknowledged actual notice, both by personal service and by
subsequent contact with District Justice Placey's office of the instant action and thus there is no
basis upon which this Court could grant the relief requested.
3. The Petition to Open is untimely, as it was not filed within thirty (30) days of the
date of judgment entered by District Justice Placey, and thus there is no basis upon which this
Court could grant the relief requested pursuant to Pa. R.C.P.D.J. No. 1002.
4. In the alternative, the Petition to Open is untimely in that it was not filed within
ten (10) days of the "Entry of Judgment" with the Prothonotary's Office on October 12, 2004,
and thus there is no basis upon which this Court could grant the relief requested.
5
NI & ASSOCIATES, LLC
BY:
Attorney for Plaintiff/Respondent
DEMPSEY UNIFORM & LINEN
SUPPLY, INC.
FILE NO.: 1987.0011
C:\NRPORTBLlMainIERINT\87462 _1 DOC
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DEMPSEY UNIFORM & LlNEN
SUPPLY, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PJaintiffiRespondent
v_
ALL TUNE &. LUBE
DefendantIPetitioner
NO. 04-5133 CIVIL TERM
VERIFICATION
1, KRISTIN DEMPSEY) as Vice President and autb.orizl~d representative of Dempsey
Uniform & Linen Sapp]y, Inc. state upon personal knowledge and belief that the averments set
forth in the foregoing Respondenes Reply to Petition To Open Judgment are true_
I Wlderstand that false statements herein are made subject to the penalties of Pa. CaS.A-
~4904 relating to unsworn falsification to authorities.
.~~~
~rIN DEMPSEY,
VICE PRESIDENT, DEMPSEY
UNIFORM & LINEN SUPPLY.
INC.
FILE NO.: 1987.0011
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DEMPSEY UNIFORM & LINEN
SUPPLY, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PlaintifflRespondent
v.
ALL TUNE & LUBE
Defendant/Petitioner
NO. 04-5133 CIVIL TERM
CERTIFICATE OF SERVICE
LAWRENCE A. DURKIN, ESQUIRE, hereby certifies that on the 5th day of January,
2005 true and correct copies of Respondent's Reply To Petition r 0 Open Judgment and Brief in
Opposition To Petition To Open Judgment were forwarded to the following by U.S. first class
mail postage prepaid:
Monica E. Baturin, Esquire
Law Firm ofBaturin & Baturin
2604 North Second Street
Harrisburg, P A 17110
By:
fully submitted,
NI & ASSOCIATES, LLC
L WR:ENCE A.D
Atty. LD. No. 83324
340 Nrket Street
Kings n, P A 18704-5498
(570).. 83-5800
Attomey for PlaintifflRespondent
DEMPSEY UNIFORM & LINEN
SUPPLY INe.
FILE NO.: 1987.0011
C INRPORTBLIMainIERlNTI87485_I.DOC
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DEMPSEY UNIFORM & LINEN
SUPPL Y, INe.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff/Respondent
v.
ALL TUNE & LUBE
Defendant/Petitioner
NO. 04-5133 CIVIL TERM
PRAECIPE FOR ENTRY OF APPEARANCE
TO: THE PROTHONOTARY
Please enter the appearance of the undersigned on b~:half of the Plaintiff/Respondent
DEMPSEY UNIFORM & LINEN SUPPLY, INe. in the above-captioned matter. The Plaintiff
hereby demands a non-jury trial.
aNI & ASSOCIATES, LLC
BY: ~
L~ RENCE A. DURKIN, ESQUIRE
Atto ey LD. No. 83324
ket Street
Kingst , P A 18704-5498
(570) 283-5800
Attorney for Plaintiff/Respondent
DEMPSEY UNIFORM & LINEN
SUPPLY, n.Jc.
FILE NO.: 1987.0011
C'\NRPORTBLIMain\ERINT\87486_1 DOC
DEMPSEY UNIFORM & LINEN
SUPPLY, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff/Respondent
v.
ALL TUNE & LUBE
Defendant/Petitioner
NO. 04-5133 CIVIL TERM
CERTIFICATE OF SERVICE
LA WRENCE A. DURKIN, ESQUIRE, hereby certifies that on the 4th day of January,
2005, a true and correct copy of PRAECIPE FOR ENTRY OF APPEARANCE was forwarded
to the following by U.S. Mail, first-class, postage prepaid:
Monica E. Baturin, Esquire
Law Firm of Baturin & Baturin
2604 North Second Street
Harrisburg, P A 1711 0
--------...
L~ RENCE A. DURKIN, ESQUIRE
Atto ey J.D. No. 83324
340 ket Street
Kingston, P A 18704-5498
(570) 283-5800
Attorney D)r Plaintiff/Respondent
DEMPSEY UNIFORM & LINEN
SUPPLY, INC.
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DEMPSEY UNIFORM & LINEN,
PlaintiWRespondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
Case No.: 04-:5133
ALL TUNE & LUBE,
DefendantlPetitioner
CIVlL ACTION; AT LAW
ORDER OF COURT
AND NOW, this 'r day ofJanuary, 200S, upon consideration of Petitioner's
first request for a Continuance with no objection by Respondent's Counsel of Record,
IT IS HEREBY ORDERED:
The Hearing in the above-captioned matter, currently scheduled for Monday,
January 31, 2005, at 11 a.m., in Courtroom II of the Cumberland County Courthouse, shall be
continued to Wednesday, March 2, 20OS, at 9:00 a.m., in Courtroom II of the Cumberland
County Courthouse.
Notice of the entry of this Order shall b~ yrovided to a1l7bY Petitioner.
BYili'Cl ~ ~ .
J.
Distribution: Lawrence Durkin, Esquire,
Attorney for Respondent
Monica E. Baturin, Esquire
Attorney for Petitioner
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DEMPSEY UNIFORM
AND LINEN SUPPLY, INC.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V,
ALL TUNE AND LUBE,
DEFENDANT
: 04-5133 CIVIL TERM
IN RE: PETITION TO OPEN JUDGMENT
ORDER OF COURT
AND NOW, this -?~ day of March, 2005, the petition of defendant to open
a judgment, IS DENIED.
By 7cDU'"rt, ,.~/
. i:,.
\ .
~nica E. Baturin, Esquire
-"for Plaintiff
:sal
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, l,pwrence A. Durkin, Esquire
t.for Defendant
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DEMPSEY UNIFORM
AND LINEN SUPPLY, INC"
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
ALL TUNE AND LUBE,
DEFENDANT
04-5133 CIVIL TERM
IN RE: PETITION TO OPEN JUDGMENT
OPINION AND ORDER OF COURT
Bayley, J., March 3, 2005:--
Dempsey Uniform and Linen Supply, Inc. instituted a civil action against All Tune
and Lube in the office of District Justice Thomas A. Placey in Mechanicsburg,
Cumberland County. The address of defendant in the proceedings before the District
Justice is 6506 Carlisle Pike, Mechanicsburg, Pennsylvania 17050. That is defendant's
correct address and is the address at which defendant was personally served with the
complaint on April 13, 2004. The District Justice conducted a hearing on August 24,
2004, which defendant did not attend. Judgment against defendant was entered on
that date for $6,885,18.
On October 12. 2004, pursuant to Pa.R.C,P.D,J, 402D, the judgment was
entered in this court and notice was mailed to defendant at 6506 Carlisle Pike,
Mechanicsburg, Defendant received the notice and filed a petition to open the
judgment on November 5, 2004, A Rule was entered against plaintiff to show cause
why the petition should not be granted. Plaintiff was directed to file an answer, and the
order provided that the petition would be decided under Pa. Rule of Civil Procedure
04-5133 CIVIL TERM
206.7. No depositions were filed, Briefs were filed by both parties and argument was
conducted on March 2, 2005.
In its petition, defendant avers that the District Justice sent it notice of the
hearing and notice of the judgment by "regular surface mail;" however, (1) it never
received notice of the hearing on August 24, 2004, (2) it never received notice of the
entry of the judgment on August 24, 2004, and (3) the first time it learned of the
judgment was after it received notice of its entry on October 12, 2004, in this court. In
its answer to the petition, plaintiff avers that it is without sufficient information to admit
or deny the averments of non-receipt of the regular mail.
The judgment entered by the District Justice on August 24, 2004, became final
when no appeal was filed in this court within thirty days. Pa.R.C.P.D,J. 1002A.
Defendant seeks to open the judgment based on lack of notice of the hearing and entry
of the judgment before the District Justice. In Breza v. Don Farr Moving & Storage
Company, 828 A.2d 1131 (Pa, Super. 2003), the Superior Court of Pennsylvania stated
that the "mailbox rule" provides that proof of a mailing raises a rebuttal presumption that
the mailed item was received. The presumption is not nullified solely by testimony
denying receipt of the item mailed, Id. Asserting that a letter was not received, without
corroboration, is insufficient to overcome the presumption of receipt. (d.
In the case sub judice, defendant's assertion of non-receipt is insufficient to
overcome the presumption that it received the notice of the hearing and notice of the
entry of judgment before the District Justice which were sent by "regular surface mail."
-2-
04-5133 CIVIL TERM
Accordingly, the following order is entered.
ORDER OF COURT
AND NOW, this 5.,A. day of March, 2005, the petition of defendant to open
a judgment, IS DENIED.
By the C<;>,urt, /<~.c/
/ .'
Monica E, Baturin, Esquire
For Plaintiff
//
Lawrence A. Durkin, Esquire
For Defendant
:sal
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Cardoni & Associates, LLC
LAWRENCE A. DURKIN, ESQUIRE
Attorney LD. No. 83324
340 Market Street
Kingston, PA l8704-S498
(S70) 283-S800
DEMPSEY UNIFORM & LINEN
SUPPLY, INe.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff/Respondent
v,
NON,JURY TRIAL
ALL TUNE & LUBE
DefendantIPetitioner
NO. 04-S133 CIVIL TERM
CERTIFICATE OF SERVICE
LAWRENCE A. DURKIN, ESQUIRE, hereby certifies that on the 16th day of March,
2005, a true and correct copy of PLAINTIFF'S INTERROGATORIES PROPOUNDED UPON
THE DEFENDANT was forwarded to the following by U.S. Mail, first-class, postage prepaid:
Monica E, Baturin, Esquire
BATURIN & BATURIN LAW OFFICES
2604 North 2nd Street
Harrisburg, PAl 711 0
CARDONI & ASSOCIATES, LLC
1; WRE CE A. DURKIN, ESQUIRE
Au rney J.D. No. 83324
Atto ey for Plaintiff/Respondent
DEM SEY UNIFORM & LINEN
SUP Y, INC.
File No. 1987.001$
C\NRPORTBUMainIERINTI9256.> I,Doe
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV NIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
vs.
( ) Confessed Judgment
( X) Other
File No,
Amount Due 6 885.18
Interest 190.15
Atty's Comm 2 065.56
Caption:
DEMPSEY UNIFORM & LINEN SUPPLY, INC.
Plaintiff/Respondent
ALL TUNE & LUBE
Defendant/Petitioner
vs . Costs
ADAMS COUNTY NATIONAL BANK (garnishee)
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sal contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original pro eeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amende
. .
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)
rt of All-Tune & Lube a k a J.L. S ies Autom tive,
Inc. at 6506 Carlisle Pike, Mechanicsburg, PA 17050-2354.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of Adams County, for debt, in erest and
costs, as above, directing attachment against the above-named garnishee(s) for the following prop rty (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
Automotive Inc. - /7J:2S
and all other property of the defendant(s) in the possession, custody r control 0 the said garnishee s).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of t e
defendant(s) described in the attached exhibit.
Date ApT; 1 ] 8. 2005
Signature:
Print Name:
Address:
Lawrence A. Durkin, Esquire
340 Market Street
Kingston, PA 18704
Attorney for: Dempse
Telephone:
Supreme Court ID No,:
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WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF C~~D COUNTY:
To satisfy the debt, interest and costs due DEMPSEY UNIFORM & LINEN SUPPLY, INC.,
NO 04-5133 Civil
CIVIL ACTION - LA
Plaintiff (s)
From ALL TUNE & LUBE, 6506 CARLISLE PIKE, MECHANICSBURG, PA 17050-2354
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF ALL-TUNE & LUBE, A/KIA J.L. SPIES AUTOMOTIVE, INC., 6506 CARLISL
PIKE, MECHANICSBURG, P A 17050-2354
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of ADAMS COUNTY NATIONAL BANK - 75 OLD HARRISBURG ROAD, GETTYSBURG, P
17325 - ANY ACCOUNT OR OTHER PROPERTY OF ALL-TUNE & LUBE A/KIA J.L.SPIES
AUTOMOTIVE,INC.
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (aJ an attachment has been issued; (b) the gamishee(s) is enjoined fro
paying any debt to or for the account of the defendant (s) and from delivering any property of the defenda t
(s) or otherwise disposing thereof;
(3) Ifproperty ofthe 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 himlher that he/she has been added as
garnishee and is enjoined as above stated.
Amount Due $6,885.18
Interest $190.15
Atty's Comm % $2,065.56
Ally Paid $36.75
Plaintiff Paid
Date: APRIL 19, 2005
L.L. $.50
Due Pro thy $1.00
Other Costs
CURTIS R. LONG
Prothono
Deputy
(Seal)
By:
REQUESTING PARTY:
Name LAWRENCE A. DURKIN, ESQUIRE
Address: 340 MARKET STREET
KINGSTON, PA 18704
Attorney for: PLAINTIFF
Telephone: 570-283-5800
Supreme Court TD No. 83324
Cardoni & Associates, LLC
LAWRENCE A. DURKIN, ESQUIRE
Attorney LD, No. 83324
340 Market Street
Kingston, PA 18704-5498
(570) 283-5800
DEMPSEY UNIFORM & LINEN
SUPPLY, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff/Respondent
v,
NON,JURY TRIAL
ALL TUNE & LUBE
Defendant/Petitioner
NO. 04,S133 CIVIL TERM
CERTIFICATE OF SERVICE
LAWRENCE A. DURKIN, ESQUIRE, hereby certifies that on the 7'h day of April, 2 05,
a true and correct copy of WRIT OF EXECUTION (Money Judgments), WRIT OF
EXECUTION (Notice), and MAJOR EXEMPTIONS UNDER PENNSYLVANIA d
FEDERAL LAW was forwarded to the following by U.S. Mail, first-class, postage prepaid:
Monica E. Baturin, Esquire
BATURIN & BATURIN LAW OFFICES
2604 North 2nd Street
Harrisburg, PA 17110
CARDONI & ASSOCIATES, LLC
WRENCE A. D IN, ESQUIRE
Att ey LD, No. 83324
Atto ey for Plaintiff/Respondent
D SEY UNIFORM & LINEN
SUPPLY, INC.
File No. 1987.0011
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LAWRENCE A. DURKIN, ESQUIRE
Attorney I.D, No. 83324
340 Market Street
Kingston, PA 18704
(S70) 283-S800
DEMPSEY UNIFORM & LINEN
SUPPLY, INC.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
Plaintiff/Respondent
v,
NON,JURY TRIAL
ALL TUNE & LUBE
Defendant/Petitioner
NO. 04-S 133 CIVIL TERM
tCt.0'5L.V'2f2-S--JD INTERROGATORIES IN ATTACHMENT
TO: Adams County National Bank
7S Old Harrisburg Road
Gettysburg, P A 1732S
You must file with the Court the Answers to the following Interrogatories within twenty
(20) days after service upon you. Failure to do so may result in a default judgment being entered
against you. A copy of said Answers must be served on the undersigned, If your answer to any
of the foregoing Interrogatories is affirmative, specify the arnount, value and/or nature of the
subiect property.
Attached hereto you will find a copy of a cancelled check representing an account held
by you in the name of the Defendant in the above, referenced matter. This check should provide
you with the necessary information needed to identify this account and any other such accounts
held by the above-referenced Defendant.
.~ ..
I. At the time you were served with the Writ of Execution in this matter, or at any
subsequent time, were you liable to Defendant on any negotiable or other written instrument, or
did Defendant clairn that you owed any money or were you liable to Defendant for any reason?
No.
2. At the tirne you were served with the Writ of Execution or at any subsequent tirne, was
there in your possession, custody or control or in the joint possession, custody or control or
yourself or one or rnore other persons any property of any nature owned solely or in part by the
Defendant.
No.
3. At the time you were served with the Writ of Execution in this rnatter or at any
subsequent time, did you hold legal title to any property of any nature owned solely or in part by
the Defendant or in which Defendant held or claimed any injuries?
No.
2
.
4. At the time you were served with the Writ of Execution in this matter or at any
subsequent tirne, did you hold as a fiduciary any property in which the Defendant had an
interest?
No.
5, At the time before or after you were served with the Writ of Execution in this matter, did
the Defendant transfer or deliver any property to you or to any person or place pursuant to your
direction or consent and, if so, what was the consideration therefore?
No.
6, At the time you were served with the Writ of Execution in this matter or at any
subsequent tirne, did you pay, transfer or deliver any rnoney or property to the Defendant or to
any person or place pursuant to the direction of Defendant against you?
No.
3
,...
.
7. At the time you were served with the Writ of Execution in this matter or at any
subsequent tirne, did you have or share any safe deposit boxes, pledges, documents of title,
securities, notes, coupons, receivable, or collateral in which there was an interest clairned by
Defendant?
No.
8. Identify every account titled in the name of Defendant or in which you believe
Defendant has an interest in whole or part, whether or not styled as a payroll account, individual
retirement account, tax account, lottery account, partnership account, joint or tenants by entirety
account, insurance account, trust or escrow account, attorney's account or otherwise.
N/A
Respectfully submitted,
CARDONI & ASSOCIATES, LLC
BY:
L W E
Att ey for Plaintiff.
DE PSEY UNIFORM & LINEN
SUPPLY, INC.
FILE NO.: 1987.0011
C\NRPORTBL\M~il\\ER\NT\<)4015 _1. DOC
4
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The undersigned verifies that the answers contained herein are true and correct. The
undersigned understands that false statements herein are made subject to the penalties of 18 Pa.
C.S. S4904, relating to unsworn falsifications to authorities.
ADAMS COUNTY NATIONAL BANK
Dated: May~, 200S
ant Vice President
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DEMPSEY UNIFORM & LINEN
SUPPLY, INC.,
No. 04-S133 CIVIL TERM
Plaintiff,
v.
Attachment Execution
Proceedings
ALL TUNE & LUBE,
Defendant,
and
ADAMS COUNTY NATIONAL BANK,
Garnishee.
PROOF OF NOTICE TO DEFENDANT
COMMONWEALTH OF PENNSYL VANIA,
COUNTY OF ADAMS.
On this, the JIll! day of May, 200S, before rne, a Notary Public, in and for said
Commonwealth and County, the undersigned officer, personally appeared Edward G. Pool,
Esquire, attorney for Adarns County National Bank, the Garnishee in the above entitled
attachment execution proceedings, who having been by me duly sworn, according to law, on
his oath, does depose and say that on May S, 200S, he forwarded to the Defendant, All Tune
& Lube, a copy of the writ issued in said proceedings on April 19, 2005, by mailing the same
certified mail deposited at the post office in Fairfield, Adarns County, Pennsylvania,
addressed to the Defendant at the following address: 6S06 Carlisle Pike, Mechanicsburg,
Pennsylvania 170S0-23S4.
Attached to this Proof of Notice is the certified rnail receipt showing the aforesaid
mailing of the items hereinbefore rnentioned.
r~h
Edward G. Puhl, Esquire
Sworn to and subscribed before me
/II.J-/, day of May, 2005.
My commission expires:
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U.S. Postal Service,"
CERTIFIED MAIL. RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
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ME~HtgBlBl'G il'A '~)5i
Postage $
...n
o
o Return Reciept Fee
o (Endorsement Required)
1~3\9
Postmark
He",
CertifIed Fee
1H20
06
$0.00
D Restricted Delivery Fee
U") (Endorsement Required)
M
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$32fO
05/05/2005
Total Postage & Fees
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
DEMPSEY UNIFORM & LINEN
SUPPLY, INC.,
No, 04-S133 CIVIL TERM
Plaintiff,
v.
Attachment Execution
Proceedings
ALL TUNE & LUBE,
Defendant,
and
ADAMS COUNTY NATIONAL BANK,
Garnishee.
CERTIFICATE OF SERVICE
AND NOW, this lid day of May, 200S, I, Edward G. Puhl, Esquire, ofPuhl,
Eastman & Thrasher, attorney for Garnishee, Adams County National Bank, hereby certifY
that I have this date served Garnishee's Answers to Interrogatories, by mailing a true copy
first class rnail, postage prepaid, to Lawrence A, Durkin, Esquire, at the address shown below:
Cardoni & Associates, LLC
340 Market Street
Kingston, P A 18704
PUHL, EASTMAN & THRASHER
By ~~~J
Edward G. Pool, Esquire
Attorney ID #SS709
Attorney for Garnishee
220 Baltirnore Street
Gettysburg, P A 1732S
(717) 334-21S9
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R. Thomas Kline, Sheriff, who being duly sworn according to law, states
this writ is returned STAYED.
Sheriffs Costs:
Docketing
Poundage
Advertising
Law Library
Prothonotary
Mileage
Surcharge
Levy
Certified Mail
Post Pone Sale
Garnishee
Postage
TOTAL $
Advance Costs:
Sheriffs Costs:
1 SO.OO
48.12
$ 101.88
18.00
.48
.SO
1.00
7.40
20.00
Refunded to Atty on OS/12/0S
74
48.12
Sworn and Subscribed to before me
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This J'/-"dayof ~}kl
200S AD. ,-i~ u_ 0 )]1' ;'/h, tlff7:J
r thonotary
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R. Thomas Kline, Sheriff . /
Q\a.uJJ ~1S~r~L~-(
By Claudia A Brewbaker
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
AmMS AND
TO THE SHERlFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEMPSEY UNIFORM & LINEN SUPPLY, INC.,
NO 04-5133 Civil
CIVIL ACTION - LAW
Plaintiff (s)
From ALL TUNE & LUBE, 6506 CARLISLE PIKE, MECHANICSBURG, P A 17050-2354
(1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL
PROPERTY OF ALL-TUNE & LUBE, A!KIA J.L. SPIES AUTOMOTIVE, INC., 6506 CARLISLE
PIKE, MECHANICSBURG, PA 17050-2354
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of ADAMS COUNTY NATIONAL BANK - 75 OLD HARRISBURG ROAD, GETTYSBURG, PA
17325 - ANY ACCOUNT OR OTHER PROPERTY OF ALL-TUNE & LUBE A!KIA J.L.SPIES
AUTOMOTIVE, INC.
GARNISHEE(S) as follows:
and to notify the gamishee(s) that: (a) an attaclnnent 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 attaclnnent is found in the possession
of anyone other than a named garnishee, you are directed to notifY hirn/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $6,885.18
Interest $190.15
Atty's Comm % $2,065.56
Atty Paid $36.75
Plaintiff Paid
Date: APRIL 19,2005
L.L. $.50
Due Prothy $1.00
Other Costs
(Seal)
CURTIS R. LONG
prothon~ p ~
~y: 0'1 D" '"/2/7/t( r
Deputy
REQUESTING PARTY:
Name LAWRENCE A. DURKIN, ESQIDRE
Address: 340 MARKET STREET
KINGSTON, PA 18704
Attorney for: PLAINTIFF
Telephone: 570-283-5800
Supreme Court ID No. 83324