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Home My WebLink About12-4653F.\FILES\Clients\8369 John Gross & Co\8369.49 Strong Coffee 0ne\8369.49.com.conf1.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS AND COMPANY, INC., Plaintiff V. STRONG COFFEE ONE, LLC, d/b/a SAXBYS COFFEE, Defendant ! r• r M1 2 J UL 25 P?, I? 2 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 - ?/lp 5?3 CIVIL TERM CONFESSION OF JUDGMENT Pursuant to the authority contained in the Credit Application and Personal Guarantee attached as Exhibit "A" to the Complaint filed in the above-captioned case, we appear for Defendant Strong Coffee One, LLC, d/b/a Sax.bys Coffee and confess judgment in favor of John Gross and Company, Inc., against Strong Coffee One, LLC, d/b/a Saxbys Coffee as of May 25, 2012, as follows: Principal $7,104.46* Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $1,500.00 Total: $9,104.46* *Plus interest per diem at $3.50, along with additional costs and fees incurred, until paid in full. Respectfully submitted: MARTSON LAW OFFICES By: (24 '"r Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 / 10 East High Street Carlisle, PA 17013 (717) 243-3341 4. P?. A '° ?L I L Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 01j JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2012 - ,y3 CIVIL TERM STRONG COFFEE ONE, LLC, d/b/a SAXBYS COFFEE, Defendant COMPLAINT FOR CONFESSION OF JUDGMENT John Gross and Company, Inc., by and through its undersigned counsel, hereby files this Complaint for Confession of Judgment pursuant to Pa. R.C.P. Rule 2951 et seq., and in support thereof, avers the following: Plaintiff, John Gross and Company, Inc. ("Plaintiff'), is a Pennsylvania corporation with a registered office address of 308 Cheryl Avenue, Mechanicsburg, Pennsylvania 17055. 2. Defendant, Strong Coffee One, LLC, d/b/a Saxbys Coffee ("Defendant"), is a Pennsylvania limited liability company with a business address of 804 Elizabeth Court, Collegeville, Pennsylvania 19426. 3. On April 26, 2010, Defendant executed a Credit Application & Personal Guarantee ("Credit Application") pursuant to which Plaintiff agreed to extend credit to Defendant, and Defendant agreed to pay all purchases charged to Defendant's account. A true and correct copy of the Credit Application is attached hereto and incorporated herein as Exhibit "A." 4. Pursuant to the terms and conditions of the Credit Application, failure of the Defendant to pay within thirty (30) days of receipt of an invoice constitutes a default. 5. Defendant has defaulted under the Credit Application, by and including, but not limited to, failing to pay invoices within thirty (30) days of receipt ("Default"). 6. The Credit Application provides that Plaintiff, upon a Default by Defendant, may confess judgment against Defendant for all sums due and owing thereunder. 7. The total sum due and owing under the Credit Application as of May 25, 2012, is itemized as follows: Principal $7,104.46* Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $1,000.00 Total: $9,104.46* *Plus interest per diem at $3.50, along with additional costs and fees incurred, until paid in full. All conditions precedent have been satisfied to allow Plaintiff to confess judgment against Defendant under the Credit Application. 9. Judgment has not been confessed against Defendant in any other jurisdiction under the Credit Application. 10. Plaintiff is the holder of the Credit Application. 11. The Credit Application was executed and delivered in connection with a commercial transaction, and judgment is not being entered by confession against a natural person in connection with a consumer credit transaction. 12. The Credit Application has not been assigned. WHEREFORE, John Gross and Company, Inc., requests that this Court enter judgment by confession against Strong Coffee Two, LLC, d/b/a Saxbys Coffee, in the amount of $9,104.46, along with interest accruing at the per diem rate of $3.50, and additional fees and costs as prayed for in the Complaint. Respectfully submitted, MARTSON LAW OFFICES By: (2e'l 5- Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff EXHIBIT "A" 47, 1o4,0 1 Welcome to the Family of Jow Customer Name 14JV7 PAY Committed to the Success of our Customers For over 50 years! Credit Application $ Personal Guarantee 400 Cheryl Avenue • P.O. Box 1189 • Mechanicsburg, PA 17055 717-766-2508 1-800-368-6800 Fax 717-790-9642 customer Number,. , 2lOG atiAj (;.ro ss rt YJ70)L-- -- LEGAL COMPANY NAME TRADE NAME (DBA)xs?5 EIN NUMBER Iz 9LC, Dom- LLc- Ca ROPRIETOR Please check one of the following: State Corporation registered to do business in _L4-- u Sole Proprietorship D Partnership Length of Time Operating/Owning this Establishment '7?. Do you: akl<& Q Currently purchasing ptoperty APPROXIMATE CREDIT REQUIREMENTS "yi ° 1.1c) NO. OF EMPLOYEES b PENNSYLVANIA SALES TAX EXEMPTION NUMBER: If you hold a -fin Pennsvivania Blanket Sales Tax Exemption Certificate Please attach executed form Rev 1220: Exemption certificate! , SHIPPING Address 5 C? ql« BUSINESS ADDRESS syv M76 Myu. City, State ?` Yu? I"t mfr Ns rf' __ Zip 2- 1 Bus. Phone# 72" FAX# ( ) BILLING / Contact Name: ??k - v VV Address: r t, :e-* "o, CT P.O. Box # city, state G3 ?? Ur` ,lJg- Zip / 9 ?NO Bus. Phone# Merchandise receiving hours SZwh FAX# (_j Special delivery instructions: f os k- r? 'Ap, LTG M'r'« EMAIL M U !J k 15' NAME, ADDRESSES, PHONE NUMBERS OF ALL OWNERS/PARTNERS: z QQ Name Q?/e VO)IJ ?'t Social security # Drivers License 1l State _L7 Home Address 6?-63 ?.HN ?r SP`'"'S C,'4-i Email ?trGri4?RCrd .u,,,,,e rsd,'? How long have you resided at this location? // °YK Home Phone '. .r Social Security # Jrivers License Name ?'??^??"'"d'j Home Address d p C_ I- Email /?1'!od ?C S lei ?"Q'vT How long have you resided at this location? <JHome Phone Name Social Security # Drivers License State Home Address Email How long have you resided at this location? Home Phone Name Social Security # Drivers License State Home Address Email i How long-have you resided at this location? Home Phone BUSINESS BANK Name, Address, Phone ?0'&Nrx y;/U REFERENCES =ed A-.-k,,(- 70 N Lzti,r?3 R cl /?° V-9-f 6t0 > i Qy $ 6 l` vv 0- Contact Account # 6./drr;S aS t-0 PERSONALBANK Name, Address, Phone Contact Account # _ SUPPLIER REFERENCES Suppliers: 1. Name "-gS d' Go ?i 14• ,/ '"5 7 7oPhone# Address 2. Name Phone# Address 3. Name Phone# Address TERMS AND CONDITIONS In consideration for the extension of credit and intending to be legally bound hereby, the undersigned Buyer hereby agrees that the following terms will govem any charge account established by John Gross & Co. (Seller) for Buyers benefit. 1. Payment. Buyer hereby agrees to pay the Time Sale Price of purchases charged to Buyers account. The Time Sale Price shall consist of the cash sale price including applicable sales tax and delivery charges, if any, plus service charges and any finance charge which may accrue pursuant to paragraph two (2) hereunder. 2. Past Due Accounts. Payment Is due upon receipt. Failure to pay within 30 days of receipt ('the billing date') constitutes a default. Buyer hereby agrees that Interest charges of 172% per month or 18% per annum will be assessed on any account balance which is not satisfied within 30 days of the Billing Date. 3. Seller's Remedies. In the case of Buyer's Default, Buyer's entire account balance shall become due and payable. Seller's waiver of any Default shall not operate as a waiver of any other Default. If Buyer's account la referred for collection to an attorney, Buyer will pay, to the extent permitted by' law, reasonable attorney's fees and court costs incurred. . 4. Sellers Discretion. The extension of temporary credit pursuant to this Agreement Is within Seller's sole discretion and Seller may terminate this Agreement any time and for any reason. 5. Credit Check. Buyer hereby authorizes the firms and banking institutions listed above to furnish any information requested by Seller to process this application; and Buyer agrees that neither those firms nor their employees shall be liable for any claim of damages as a result of furnishing the requested information. 6. Buyer shall pay Seller a service charge of $25.00 for each check returned by the Buyer's bank, unless said service charge would result in the violation of the usury laws of the applicable jurisdiction. . 7. Buyer shall notify Seller by certified mall Immediately upon any change of ownership or change of Address of Buyer. 8. Buyer shall completely fill out all sections of the Credit Application before credit can be extended. CONFESSION OF JUDGEMENT I/We hereby irrevocably authorize and empower any prothonotary, clerk, or attorney of any court of record within the United States or elsewhere to appear for me/us and, with or without declaration, to confess judgement at any time or times against each, any or all of us and in favor of the Seller for the amount demanded: by Seller to any Past Due Account under this Credit Application and Agreement, plus interest, costs of collection, and attorneys fees provided therein; and for so doing, this Agreement or a copy thereof, verified by affidavit shall be sufRclent warrant. l/we hereby release all errors and expressly waive all rights to any stay of execution under any law or rule of court now In force or hereafter enacted. All of the foregoing promises are the joint and several promises of me/us and shall bind me/us, my/our heir, succession and assigns. I/we waive protest, demand and notice of nonpayment. The authbrity granted herein to confess judgment against me/us of be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts hereunder. Initial Initial DISCLOSURE A. Itwe understand that the above constitutes a Confession of Judgment provision that would permit the Seller to enter judgment against me/us 'in court, after a failure to pay an demand any Past Due Account, without advance notice to me/us and without offering me/us an opportunity to defend against the entry of judgment. In executing the Agreement, being fully aware of my/our rights to advance notice and to a hearing to contest the validity of any judgment or other claims that the Seller may assert against me/us. Itwe am knowingly, intelligently and voluntarily waiving these rights, including any right to advance notice of the entry of judgment, and Ilwe expressly agree and consent to the Seller's entering judgment against me/us by confession as provided for in this Confession of Judgment provision. B. I/we further understand that in addition to giving the Seller the right to enter judgment against me/us without advance notice or a hearing, this Confession of Judgment also contains language that would permit the Seller, after entry of judgment, to execute on the judgment by foreclosing upon, attaching, levying on, taking possession of or otherwise seizing my/our property, in full or partial payment of the judgment. Being fully aware of my rights to advance notice and a hearing after judgment is entered and before execution on the judgment, [Ave am knowingly, Intelligently and voluntarily waiving these rights, and I/we expressly agree and consent to the Seller's executing on the judgment, in any manner permitted by applicable state and federal law. C. I/we certify that a representative of the Seller specifically called this Confession of judgment to my/our attention. 0. Uwe hereby certify that my/our annual income exceeds $10,000; that [Ave received a copy hereof at the time of signing. Initial Initial Business name: • U ?"` taw Signature Title Print Signed Name Date I certify the information provided in this credit Application and agreement Is true, and correct. I authorize JOHN GROSS to verify the Information provided and to contact the references listed. PERSONAL GUARANTEE OF PAYMENT I, , for and in consideration of your extending credit at my request to (the Buyer) personally guarantee prompt payment of any obligation of the company to John Gross & Co., and affiliated entities ("SELLER'), whether now existing or hereinafter.incurred, and I further agree to bind myself to pay on demand any sum which is due by the Buyer to Setter whenever the Buyer fails to pay the same, it is understood that this guarantee shall be an absolute, continuing unlimited and irrevocable guarantee for such indebtedness of the Buyer. I expressly waive presentment, unlimited demand, protest, notice of protest, dishonor, diligence„ notice of default or nonpay6nt, notice of acceptance of this guaranty, notice of the extending of any guaranteed indebtedness already or hereafter contracted for by the Buyer, notice of any modification or renew- al of any credit agreement evidencing the indebtedness hereby guaranteed, notice of any renewal or extension of such indebtness. I further waive any right to require Seller to proceed against, or make any effort at collection or the guaranteed indebtedness from, the Buyer or any other party liable for such indebtedness. If the guaranteed Indebtedness Is not paid by me when due, and this guaranty Is placed in the hands of an attorney for collection or suit Is brought hereon, or it Is enforced through any judicial proceeding whatsoever, I shall pay all reasonable attomeys' fees and court costs incurred by Seller. In the event more than one party executes this guaranty as a guarantor, then such guarantor agrees to be jointly and severally liable for the guaranteed indebtedness, and in all Instances herein, the singular shall be construed to include the plural. X X -- - Guarantor/Surety Date Guarantor/Surety Home Address (if different from front) Home Address (If different from front) Date OFFICE USE ONLY ......................................................................................... Sales Person 861 ' Special Instructions Level Type Account Terms t? I Limit Approved By 4LLC4 0 VERIFICATION I, Brian Gross, acknowledge I have the authority to execute this Verification on behalf of John Gross and Company, Inc., and certify that the foregoing Complaint for Confession of Judgment is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint for Confession of Judgment 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 for Confession of Judgment 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 unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. JOHN GROSS AND ONTANY, INC. By: r FARLESkaients4369 John Grou & Co1U69.49 Strong Coffee 0mH369.49.c=.c=n,wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICE'S 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2JUL2? P 12:3 1 '"UMBERLM" N0 ?0U, vi PENNSYLVANIA`, JOHN GROSS AND COMPANY, INC., Plaintiff V. STRONG COFFEE ONE, LLC, d/b/a SAXBYS COFFEE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 3 CIVIL TERM NOTICES IN CONNECTION WITH JUDGMENTS BY CONFESSION REQUIRED BY 42 PA. C.S.A. §2737.1. (Act 105 of 2000) To: Defendant PURSUANT TO 42 PA. C.S.A. SECTION 2737.1, IF YOU HAVE BEEN INCORRECTLY IDENTIFIED AND HAD A CONFESSION OR JUDGMENT ENTERED AGAINST YOU, YOU ARE ENTITLED TO COSTS AND REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT. INSTRUCTIONS REGARDING THE PROCEDURE TO STRIKE THE CONFESSED JUDGMENT ARE SET FORTH BELOW: Pennsylvania Rule of Civil Procedure 2959 - Striking Off Judgment (a) (1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only: (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Pennsylvania Rule of Civil Procedure 2958.3 or Rule 2973.3. (3) If written notice is served upon the petitioner pursuant to Rule 2956.1(c)(2) or Rule 2973.1(c), the petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) The court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury the court shall open the judgment. (f) The lien of the judgment or of any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. (g) (1) A judgment shall not be stricken or opened because of a creditor's failure to provide a debtor with instructions imposed by an existing statute, if any, regarding procedures to follow to strike a judgment or regarding any rights available to an incorrectly identified debtor. (2) Subdivision (g)(1) shall apply to (1) judgments entered prior to the effective date of subdivision (g) which have not been stricken or opened as of the effective date and (2) judgments entered on or after the effective date. You may have other rights available to you other than as set forth in this notice. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff +?.1. 2 Pty I,? CUM3E'RLA dB i UL } PENNSYLVANIA JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 -q& 3 STRONG COFFEE ONE, LLC, d/b/a SAXBYS COFFEE, Defendant CERTIFICATE OF RESIDENCE We hereby certify that the last known address of the Defendant is: Strong Coffee One, LLC d/b/a Saxbys Coffee 804 Elizabeth Court: Collegeville, PA 19426 CIVIL TERM The address of Plaintiff is: 308 Cheryl Avenue, Mechanicsburg, PA 17055 MARTSON LAW OFFICES By: 0-, >e 4 ',-le- - Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Date: 7 S'???, Attorneys for Plaintiff Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS AND COMPANY, INC., Plaintiff V. STRONG COFFEE ONE, L LC, d/b/a SAXBYS COFFEE, Defendant c,!{ a 2JUL 25 PM I2: 3 CUMBERLAND PENNSYLVANl?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 - L/G S1 AFFIDAVIT CIVIL TERM I, Christopher E. Rice, Esquire, attorney for Plaintiff, hereby certify, that to the best of my knowledge, that the Confession of Judgment for Money attached is not being entered against a natural person in connection with a consumer credit transaction. Sworn to and subscribed before me this ?i day of July, 2012. 244 '1?" /2___ Christopher E. Rice, Esquire MMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Car Isle 8oro, Cumberland County Commisslon E? Aug. 18, 2015 M1111101% ppvwLvAwA ASSOQATWN OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff a ? Hp N'-! i"r112 JUL 2S PM 12: ?7 CUMBERLAND Coufi PENNSYLVANIA JOHN GROSS AND COMPANY, INC., Plaintiff V. STRONG COFFEE ONE, LLC, d/b/a SAXBYS COFFEE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2012 - yL ,S3 CIVIL TERM 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 Strong Coffee One, LLC, d/b/a Saxbys Coffee is not in the military service of the United States of America, that he has knowledge that Strong Coffee One, LLC, d/b/a Saxbys Coffee has an address of 804 Elizabeth Court, Collegeville, Pennsylvania 19426. C2?-- S° e Christopher E. Rice, Esquire Sworn to and subscribed before me this VS-Z6 day of July, 2012. K." ) LA 0u? N a u lic (?NIMONyVEaU,TH OF PENNSYLVANIA Noteri815eal Mary M. Price, Notary Pubk Carlisle BOVD, Cumberland CountY COMMr S*Xl 6cpW" Aug. 18, 2015 MY4 1A 1.590QA7ION OF NcrrARIEs Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2012 - V6 ?73 STRONG COFFEE ONE, :LLC, d/b/a SAXBYS COFFEE, Defendant NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. NO. 236 To: Strong Coffee One, LLC d/b/a Saxbys Coffee 804 Elizabeth Court Collegeville, PA 19426 CIVIL TERM You are hereby notified that on aS ?D/a , judgment by confession was entered against you in the above-captioned case in favor of John Gross and Company, Inc., as follows: Principal $7,104.46* Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $1,500.00 Total: $9,104.46* *Plus interest per diem at $3.50, along with additional costs and fees incurred, until paid in full. Date: onotary F:\FILES\Clients\8369 John Gross&Co\8369.49 Strong Coffee 0ne\8369.49.pra.wpd tt Christopher E. Rice, Esquire y:E_ T I-1 E F R 0 T H 0 N 0 Attorney I.D.No. 90916 Seth T. Mosebey, Esquire 2013 SEP 18 PM 2' 10 Attorney I.D. No. 203046 CUMBERLAND ND COUNTY MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - 4653 CIVIL TERM STRONG COFFEE ONE, LLC, d/b/a SAXBYS COFFEE, Defendant PRAECIPE To the Prothonotary: Please mark the judgment in the above-referenced matter satisfied and the action discontinued. MARTSON LAW OFFICES : B y Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: �r 3 CERTIFICATE OF SERVICE I,Mary M.Price,an authorized agent for 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: Gary Stein, Esquire O'DONNELL WEISS & MATTEI, P.C. 41 East High Street Pottstown, PA 19464 MARTSON LAW OFFICES By: WV''e Th Street Carlisle, PA 17013 (717) 243-3341 Dated: ��