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HomeMy WebLinkAbout12-4654F\FILES\Clients\8369 John Gross & Co18369.50 Strong Coffee Two\8369.50.com.confl.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 L. L.. ?J s" %. 5 PM, I" y. . PENtISY LVIVNi JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2012 -4_5-q CIVIL TERM STRONG COFFEE TWO, LLC, d/b/a SAXBYS COFFEE, Defendant 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 Two, LLC, d/b/a Saxbys Coffee and confess judgment in favor of John Gross and Company, Inc., against Strong Coffee Two, LLC, d/b/a Saxbys Coffee as of May 25, 2012, as follows: Principal $6,869.32* Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $1,500.00 Total: $8,869.32* *Plus interest per diem at $3.68, along with additional costs and fees incurred, until paid in full. Respectfully submitted: MARTSON LAW OFFICES By: (2 1i r /L_ 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 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 Pei fIA ?s aai? JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012 - V4 SV CIVIL TERM STRONG COFFEE TWO, 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: 1. 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 Two, 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 November 20, 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 surn due and owing under the Credit Application as of May 25, 2012, is itemized as follows: Principal $6,869.32* Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $1,500.00 Total: $8,869.32* *Plus interest per diem at $3.68, 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 $8,869.32, along with interest accruing at the per diem rate of $3.68, and additional fees and costs as prayed for in the Complaint. Respectfully submitted, MARTSON LAW OFFICES By: (:? 4 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: 7/?SJ/ice Attorneys for Plaintiff EXHIBIT "A" 39 Customer Name LIa`l3a Customet Number Welcome to the Family of -JOHN 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 2/06 JMPANY NAME f -o-a r- ' CD FFEE -rt jr> I_ LC- NAME (DBA) (Z4 6 13YS CAFE PROPRIETOR dMBER ;e check one of the following: X State Corporation registered to do business in FA 0 Sole Proprietorship 0 Partnership ?igth of Time Operating/Owning this Establishment 0 Do you: 0 Own )(Rent 0 Currently purchasing property ,APPROXIMATE CREDIT REQUIREMENTS ln, m0 NO. OF EMPLOYEES to PENNSYLVANIA SALES TAX EXEMPTION NUMBER: If you hold a valid Pennsylvania Blanket Sales Tax Exemption Certificate Please attach executed form Rev, 1220: Exemption certificate SHIPPING BUSINESS ADDRESS BILLING Address )Ca?S c'DFF0,b City, state C(' Pro Zip ( qLG ( Bus. Phone# (14-1 61-4--10?4 FAX# (_) Merchandise receiving hours 4A' S pM Special delivery instructions: ktoS(, (•j E XC V+ Nl,%t,, _ Contact Name: A4.4,Rr-, (4,jJ_TAA^-' Address: ICI EU1 A I STY ST - P.O. Box # City, State CbQL%Ev<<-t-'6, 1A Zip t TILf" Bus. Phone# ( jgq ) 6 F2-g S4 Z FAX# L-_) EMAIL MME - 1 S VM7- aN . t-'ET NAME, ADDRESSES, PHONE NUMBERS OF ALL OWNERS/PARTNERS: Name DAWO V0621 A_ 0202ulf Social Security # - . _ s License ate PA Home Address_ ?? PE?? UR S NA4 4AV4, PA -Email How long have you resided at this location? 214- Home Phone _,? Name ?P,_? BAS-'T WAI'-J Social Security# - )rivers License ' State? Home Address & 4 E'U-LA-9iTk -j-, Email 140%1' P (rEftzckA'• NE-T How long have you resided at this location? L t 2 Home Phone -C 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 How long have you resided at this location? Home Phone /J 1' REFERENCES BUSINESS BANK 71) LY+JJ ' Name, Address, Phone ?-gcj W _ & 12MA.- T4b 3 r(Kk, IL-'(Mtn Mrtr)? r %OA 14?6z' Contact Account # KM L+ '?' 703 O PERSONAL BANK Name, Address, Phone Contact Account # SUPPLIER REFERENCES /,s: 1. Name ?oSS Phone# Address ?i zCtS tir?L f,,?1r 147-71 2-"1 2. Name 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 govern 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 112% 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 is referred for collection to an attorney, Buyer will pay, to the extent permitted by law, reasonable attorney's fees and court costs incurred. 4. Seller's 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 instttutions 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 mail 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 Seiler 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 sufficient warrant Uwe 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 anO assigns. (Me waive protest, demand and notice of nonpayment The authority granted herein to confess judgment against me/us shall not 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. W Initial Inffial ?+ DISCLOSURE A. I/we 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 on demand any Past Due Account, without advance notice to metus 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.. I/we am knowingly, Intelligently and voluntarily waiving these rights, including any right to advance notice of the entry of judgment, and i/we 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. Itwe 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, I/we 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. D. I/we hereby certify that my/our annual income exceeds $10,000; that I/we received a copy hereof at the time of signing. L )V Initial Initial Business name: S'j`R4?at5 Signature Title ?Fol- QI//t+FSt D F,c?T Print Signed Name bAV 1.4 Vb/JflF-&r-Aku/N6 Date (1, -Lot In I certify the information provided in this credit Application and agreement Is true and correct I authorize JOHN GrfOSS to verify the information provided and to contact the references listed. Phone# PERSONAL GUARANTEE OF PAYMENT for and in consideration of your extending credit at my request to (the Buyer) ,pally guarantee prompt payment of any obligation of the company to John Gross & Co., and affiliated entities (`SELLER"), whether now existing or jinafter incurred, and 1 further agree to bind myself to pay on demand any sum which is due by the Buyer to Seller whenever the Buyer fails to pay the ne, 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 nonpayment, 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 of 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, 1 shall pay all reasonable attorneys' 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 Date Home Address (If different from front) Home Address (If different from front) OFFICE USE ONLY Sales Person 1--Wc l0-i?ll-- Special Instructions Level Type Account ?rceTerms 30 Limit Approved By 400 Chery. 717-766-,?_ VERIFICATION I, Brian Gross, acknowledge I have the authority to execute this Verification on behalf of John Gross & Company and certify the foregoing Complaint in Confession of Judgment is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. JOHN GROSS & COMPANY By: F:1FILES\Cllenuu769 John Gma @ C04369.30 drone coffee Twd\1369.50.*=.omn.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 t F' OT i JU1- 25 PH 12• l'U MBEF;E A,i`iJ C 0 U PENNSYLVANIA JOHN GROSS AND COMPANY, INC., Plaintiff V. STRONG COFFEE TWO, LLC, d/b/a SAXBYS COFFEE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - ? ? 5-X 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 273 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 tip i1t" 12 ..UL 25 PM 12. 3?- CUM8ERLA1W C0Ui",JY PENNSYLVANIA JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2012 - % STRONG COFFEE TWO, LLC, d/b/a SAXBYS COFFEE, Defendant CERTIFICATE OF RESIDENCE We hereby certify that the last known address of the Defendant is: Strong Coffee Two, 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 Y Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Date: J?/j2 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 ZA112 JUL 2S PM 12. 33 2 CUMBERLANID CvU iT i' PENNSYLVANIA JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. STRONG COFFEE TWO, LLC, d/b/a SAXBYS COFFEE, Defendant NO. 2012- y??y 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. (? - "! '?7 /' 5;: - te - Sworn to and subscribed before me this aS?k day of July, 2012. "/, L ) ?61, r-;L a, N? taj?/Public Christopher E. Rice, Esquire COM WE6M OF Pir NSYLVANIA NOW41 $eal Mary M. Price, Notary Pubk CarlWe Moro, Cumberland County My Commission Ecp has Aug. 18, 2015 MEMBER, PENKnVANIA ASSOQATION 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 #. 2612 JUL 25 PM 12: 38 PENNSYLVANIA JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 - c?G 5 t' CIVIL TERM STRONG COFFEE TWO, LLC, / d/b/a SAXBYS COFFEE, Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he has authority to make this affidavit on behalf of his client, and to the best of his knowledge, information and belief, the Defendant Strong Coffee Two, 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 Two, LLC, has an address of 804 Elizabeth Court, Collegeville, Pennsylvania 19426. (29,01- 52 Christopher E. Rice, Esquire Sworn to and subscribed before me this day of July, 2012. L441 I j" It-j"t'tt4) 77 OAI.-?., o ublic, yWEALni OF PENNSYLVANIA NOW&i Seal public Mary M. nd CountY CadWe am Aug. 18, 2015 MEMBER, PENNm VAMA ASSOCIATION 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 JOHN GROSS AND COMPANY, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 - qY y STRONG COFFEE TWO, LLC, d/b/a SAXBYS COFFEE Defendant NOTICE OF ENTRY OF JUDGMENT PURSUANT TO PA. R.C.P. NO. 236 To: Strong Coffee Two, LLC d/b/a Saxbys Coffee 804 Elizabeth Court Collegeville, PA 19426 CIVIL TERM You are hereby notified that on judgment by confession was entered against you in the above-captioned case in favor of John Gross and Company, Inc., as follows: Principal $6,869.32* Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $1,500.00 Total: $8,869.32* *Plus interest per diem at $3.68, along with additional costs and fees incurred, until paid in full. S. Date: onotary F:\FILES\Clients\8369 John Gross&Co\8369.50 Strong Coffee Two\8369.50.pra.wpd - Christopher E. Rice, Esquire 0F i Attorney I.D. No. 90916 �` ' 1 Nile? , Seth T. Mosebey, Esquire 1113 5EP 18 Attorney I.D. No. 203046 Pal 2' 10 MARTSON LAW OFFICES CUMBERLAND 'COUNTY 10 East High Street PENNSYLVANIA 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 - 4654 CIVIL TERM STRONG COFFEE TWO, 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 By: 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: 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: , 4r Y Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: