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Home My WebLink About13-4143 Supreme Courf=of Pennsylvania Cour :of Common"TIeas For Prothonotary Use Only: Civil`Cover Skeet �,- C' ' ...r Docket No: CUIVI ERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the fling and service ofpleadings or other papers as required by law or roles of court. Commencement of Action: S El Complaint 0 Writ of Summons E Petition E Transfer from Another Jurisdiction ] Declaration of Taking C Lead Plaintiff s Name: Lead Defendant's Name: T William Ryerson Joey's Ice Cream Trucks, LLC Dollar Amount Requested: within arbitration limits I Are money damages requested? Yes No O (check one) Ooutside arbitration limits N Is this a Class Action Suit? D Yes E' No Is this an MDJAppeal? Yes CE No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices 0 Check here if'you have no attorney (are a Self-Represented (Pro Se] I.aitigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. if you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS Intentional E Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution i0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle El Debt Collection: Other E] Board of Elections Nuisance f -] Dept. of Transportation 0 Premises Liability (] Statutory Appeal: Other S E] Product Liability (does not include E mass tort) 0 Employment Dispute: Slander/Libel/ Defamation Discrimination C El Other: El Employment Dispute: Other Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N 0 Tobacco E] Toxic Tort - DES 0 Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste [ - Ejectment 0 Other: � �� Common Law /Statutory Arbitration B El Eminent Domain /Condemnation E] Declaratory Judgment 0 Ground Rent E] Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title El Other: 0 Medical 0 Other: 0 Other Professional: Updated 1/1/2011 FAF1LES\ C1ients \15180 Ryerson \]5180.Lcomplaint.wpd Christopher E. Rice, Esquire I.D. Number 90916 V R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER_ MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717- 243 -3341 Attorneys for Plaintiff WILLIAM RYERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013- �1�1-3CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street OA Carlisle, PA 17013 /b�♦ ,?S' �� Telephone:(717) 249 -3166 C#X723s 12ea g 3 15�5' FAFILES \Clients \15180 Ryerson \15180.1.complaint.wpd Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717 - 243 -3341 Attorneys for Plaintiffs WILLIAM RYERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013- CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant COMPLAINT AND NOW, comes the Plaintiff, Bill Ryerson, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, William Ryerson. ("Plaintiff'), is an adult individual residing at 246 Forgedale Drive, Carlisle, Pennsylvania 17015. 2. Defendant, Joey's Ice Cream Trucks, LLC ( "Defendant "), is a West Virginia limited liability company with a principal place of business located at 1496 Limestone Road, Charleston, West Virginia 25312. 3. On or about December of 2012, Plaintiff entered into a written agreement ( "Agreement ") with Defendant whereby Plaintiff would pay Defendant $48,000.00 in consideration for an ice cream truck ( "Truck ") to be outfitted by Defendant and delivered to Plaintiff. 4. Upon information and belief, Defendant signed the Agreement. However, Plaintiff does not have a copy of the signed Agreement. Attached hereto and incorporated herein as Exhibit "A" is a true and correct copy of the unsigned Agreement. 5. Alternatively, should the Court find that no written agreement existed, there was an oral agreement that Plaintiff would purchase an ice cream truck from Defendant for $48,000.00. 6. Plaintiff has paid Defendant a total of $43,500.00. 7. By email dated April 4, 2013, Defendant agreed to waive the remaining $4,500.00 balance due to the delay in finishing the Truck. A true and correct copy of the redacted email is attached hereto and incorporated herein as Exhibit "B." 8. Therefore, the payment of $43,500.00 from Plaintiff to Defendant is payment in full. 9. Subsequent to the Agreement, Defendant agreed via email to provide Plaintiff with the completed Truck in Februaryof 2013. The redacted email from Defendant to Plaintiff evidencing such agreement is attached hereto and incorporated herein as Exhibit "C." 10. As of July, 2013, Plaintiff has not received the Truck. 11. As the ice cream business in Pennsylvania is only viable during the Spring and Summer months, Plaintiff was forced to purchase another ice cream truck from a different dealer in order to capitalize on the season. COUNT I - BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 11 as if fully set forth below. 13. The Agreement was made between Plaintiff and Defendant. 14. Plaintiff substantially complied with the Agreement (whether oral or written) by paying Defendant $43,500.00. 15. Defendant breached the Agreement by failing to provide the Truck to Plaintiff in time for Plaintiff to utilize it during the Spring and Summer months, and has failed to return the $43,500.00 as demanded by Plaintiff. 16. Consequently, Plaintiff was forced to purchase an ice cream truck from a different dealer and incur additional costs. WHEREFORE, Plaintiff demands judgment against Defendant in an amount that is equal or less than the arbitration limits of $50,000.00. COUNT II - QUANTUM MERUIT 17. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 16 as if fully set forth below. 18. In the alternative, if an agreement is not found to have existed, then Defendant was unjustly enriched. 19. Plaintiff paid Defendant $43,500.00 to purchase the Truck. 20. Defendant has not provided Plaintiff with the Truck. 21. Defendant has been unjustly enriched by accepting, retaining and benefitting from the payment for the Truck without providing the Truck to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in an amount that is equal or less than the arbitration limits of $50,000.00. COUNT III - UNLAWFUL CONDUCT UNDER THE PENNSYLVANIA UNFAIR TRADE AND CONSUMER PROTECTION LAW 22. The averments of Paragraphs 1 through 21 above are hereby incorporated as if fully set forth below. 23. 73 P.S. § 201 -9.2 establishes the right of a party to bring private action under the Pennsylvania Unfair Trade and Consumer Protection Law ( "PUTPCPL "), and provides the court discretion to apply treble damages and any "additional relief it deems necessary" in such cases. 24. Under 73 P.S. § 201 -3, one acts unlawfully when his acts or omissions fall under any of the terms defined within 73 P.S. § 201- 2(4)(i)- (xxi). 25. Plaintiff acted unlawfully by engaging in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding under 73 P.S. § 201 -2(4) (xxi) by claiming that he would have the Truck completed and delivered in time for the 2013 ice cream season, specifically stating it would be completed and delivered by February of 2013. 26. Plaintiff acted unlawfully by engaging in fraudulent or deceptive conduct which created a likelihood of confusion or of misunderstanding under 73 P.S. § 201 -2(4) (xxi) by originally informing Plaintiff that the Truck had 71,000 miles on it when it in fact had approximately 101,000 miles on it. 27. A transaction for goods and services took place in that Defendant agreed to outfit and deliver the Truck to Plaintiff in exchange for $48,000.00. 28. Plaintiff reasonably relied on Defendant's fraudulent or deceptive conduct in claiming that the Truck would be delivered in time for the ice cream season and would have approximately 71,000 miles on it, when in fact, neither statement was true. 29. As a direct result of Plaintiff s reliance on Defendant's assertions, Plaintiff was forced to purchase another truck at the last minute at additional costs. 30. As noted above, because Defendant acted unlawfully under the PUTPCPL, this Court has the discretion to award Plaintiff treble damages and any additional relief it deems necessary. WHEREFORE, Plaintiff demands judgment against Defendant for treble damages in an amount that is equal or less than the arbitration limits of $50,000.00 along with attorney fees and costs of suit. MARTSON LAW OFFICES By: � , S / Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. Number 307424 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: _ _ Attorneys for Plaintiff EXHIBIT "A" INVOICE Joey's Ice Cream Trucks, LLC 1496 Limestone Rd Charleston, WV 25312 304 - 776 -6922 This agreement is between two parties, Joey's Ice Cream Trucks, LLC, hereafter referred to as the seller, and Sill Ryerson, hereafter referred to as the buyer. The seller agrees to provide a vehicle outfitted as a soft serve ice cream vending truck to the buyer for the sum of $48,000. The truck will include the following: Used mini /transit bus. checked /serviced by ASE certified mechanic Triple head pressurized soft serve ice cream machine (reconditioned, with 60 day warranty) The following equipment will be new Generator at least 12.5 Kw, enclosed in rear compartment Refrigerated mix box A/C unit Shore power adapter Novelty freezer Floor and walls to meet health codes 3 compartment sink Hand wash sink Electric water heater Serving window with inside and outside serving counters New 3 tone sunburst exterior Lettering package with buyer's company name and logo Shelving /storage space adequate for food service vehicle of this size Music box system Lighted canopy over serving window Inside lighting The buyer agrees to pay the seller the sum of $48,000 for the vehicle and all upfitting and equipment. A deposit or 75% ($36,000) will be required, payable by wire transfer or bank cashier's check. After the deposit has cleared, the seller will provide the title to the vehicle to the buyer within a period of 14 days, and will keep the buyer updated on the progress of the build with emails and pictures of the build in progress. The remaining 25% balance ($12,000) will be due in the form of cashier's check, cash or wire transfer at the completion of the build. The seller will insure that all equipment is installed in a professional manner and will be in excellent working condition. All equipment will be installed in accordance with the buyer's health department codes and regulations. The seller will have the vehicle inspected by an ASE certified mechanic and will provide the buyer with a list of all repairs, replacements and recommendations provided by the mechanic. The seller will ensure that the vehicle and all equipment is in excellent mechanical and cosmetic shape before transfer to the buyer. I have read and understand the conditions outlined in this invoice and agree to those terms: Signed, Joey Simonton, seller Date EXHIBIT "B" Christopher E. Rice - - - -- Forwarded Message - - - -- From: Joeys Ice Cream Trucks < wviscreamO- )vahoo.com To: Bill Ryerson < brversonlCc vahoo.com Sent: Thursday, April 4, 2013 7:42 AM Subject: Re: Hi bill. I think we are going to go ahead and get the truck finished ASAP and just get it to you by the end of the month if it doesn't sell. We will waive. the balance owed to make up for the length of time it's taken. 1 EXHIBIT "C" Christopher E. Rice - - - -- Forwarded Message - - - -- From: ben Iorenzo < info @icecreamtrucksuperstore.com> To: Bill Ryerson <bryerson 1 @yahoo.com> Sent: Thursday, December 13, 2012 12:35 PM Subject: Re: soft serve truck Hi Bill You never have to apologize for asking questions. That's what I'm here for. If I get the deposit next week, then I can have it ready about mid -Feb. My crew will be taking a few days off over the Christmas and New Years holidays, but I can go ahead and start ordering equipment and find the right truck, and have it at the shop ready to start asap. Joey Simonton Joey' Ice Cream Trucks, LLC 1496 Limestone Rd. Charleston, WV 25312 304 - 776 -6922 hgps: / /www. John 14:6 . 1 i l VERMI ATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 that the content of the document 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. Section 4904 a relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. William Ryerson i i F:SFR. SOkftU %I5180R,ermnUSIE0.1.wmpldn%.wpd F.\FILES\Clients\15180 Ryerson 15180.1.as.wpd Christopher E. Rice, Esquire I.D. No. 990916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WILLIAM RYERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 13 - 4143 CIVIL TERM C JOEY'S ICE CREAM TRUCKS, LLC Fri Defendant 1, r —< : CO AFFIDAVIT OF SERVICE < COMMONWEALTH OF PENNSYLVANIA ) '` _': : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in the above captioned matter was mailed to Joey's Ice Cream Trucks,LLC, 1496 Limestone Road, Charleston, West Virginia 25312,by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed by Scott Page, Agent, dated August 1, 2913, with attached receipt of costs in the amount of$11.26. MARTSON LAW OFFICES By C--Z4 s '�-® Christopher E. Rice, Esquire Attorney I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subs ribed before me this day of August, 2013. VI,C ,4,t)2,) No .ry 'ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Mary M.Price,Notary Carlisle Born,Cumberland 1County 15 MY Commission Expires Aug• MEMBER,PENNSYLVANIA pTION OF NOTARIES SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig item 4 if Restricted Delivery is desired. X qt 1 / /$Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received MnteMame) C. Date.f Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. a} .. 1. Article Addressed t D. Is delivery address different from item 1? ❑ -s . / Q{✓�h„ If YES,enter delivery address below: C]'"No l // dLG (i U f 4 qr./2, 3. Service Type Certified Mail ❑Express Mail 1 1. )1 i lJ r310 Registered ❑Return Receipt for Merchandise WY O�^� ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) es 2. Article Number 7011 3500 0003 6622 4172 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02AM540 U.S. Postal Service,. CERTIFIED MAILTM RECEIPT ru (Domestic Mail Only;No Insurance Coverage Provided) rR For delivery information visit our website at www.usps.com® S 1.ir ` t .. >.!•. 4 - ru ru $•il°86 itli13 „p Postage $ ..1 Certified Fee s°1!i p rn Retum Receipt Fee °cc :793.--, , `\..A ar0 co (Endorsement Required) t ! Here E3 Restricted Delivery Fee i� "'t (Endorsement Required) °11 l C\ Lr) Total Postage&Fees $ 1I t(� n ?�/8/201' w M "r 0 se A 3n ra C3 Stre ,Apt. .; oitee � `or PO Box ° City.State,ZIP+^ 1 /, • tai 3 PS Form 3800,August 2006 , See Reverse for Instructions CERTIFICATE OF SERVICE I,Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Affidavit of Service was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joey's Ice Cream Trucks, LLC 1496 Limestone Road Charleston, WV 25312 MARTSON LAW OFFICES By M.1 /, . Price 10 East High Street Carlisle, PA 17013 Dated: 5/0-3 C= w FABLES\Clients\15180 Ryerson\15180.1.pra.defaultmpd t'*'i CD U') _rt Fn Fri � Christopher E. Rice, Esquire j CD -<> I.D.Number 90916 r--7-' R. Christopher VanLandin ham Esquire C)_r, I.D.No. 307424 C:) - - C�-.S'-' MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER ='' >t MARTSON LAW OFFICES < { Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Joey's Ice Cream Trucks, LLC. I do hereby certify that written notice of intention to file this Praecipe was mailed to Joey's Ice Cream Trucks, LLC on August 22, 2013, which date is subsequent to the date default occurred and at least ten(10) days prior to the date of this Praecipe. MARTSON LAW OFFICES By:Christopher E.E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 Ten East High Street Carlisle, PA 17013 (717) 243-3341 1A S- p.Qc, � Dated: 41I�tQ ( 13 Attorneys for Plaintiff ' �y5q,y� FARLES\Clients\15180 Ryerson\15180.1.pra.defau1t.wpd Christopher E. Rice, Esquire I.D.Number 90916 R. Christopher VanLandingham,Esquire I.D.No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Joey's Ice Cream Trucks, LLC was given to Defendant by mail on August 22, 2013. r / 5-. 2 Christopher E. Rice, Esquire Sworn to and subscribed before 4 day of 32013. Notary Public COMMONWEAL 19 OF PENNSYLVANIA NOTAKTAI-SEAL blic Victoria L.Otto,Notary Carlisle Boro,Cumberland County My commission ex ices December 20,2014 Christopher E. Rice, Esquire I.D.Number 9091.6 R. Christopher VanLandingham, Esquire I.D.No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER MARTSON LAW OFFICES Ten East High Street Carlisle,PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC 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, Defendant, above named is a limited liability company and not an individual and therefore, not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 1496 Limestone Road, Charleston, West Virginia 25312. ,4 S '�-- Christopher E. Rice, Esquire Sworn to and subscribed before me this day o , 2013. otary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Victoria L.Otto,Notary Public Carlisle Boro,Cumberland County My commission expires December 20,2014 �'M� I2 'SON .� �.� R C? F ti4l'ILi-I ' tii � 0.l.. � � _ r , F s1LR0Y FALLER MAPTSONWiLLm—N1 F. MARTSON DAVID A.FI'ILSISIONS JOHN B. FOWLER III CHRIS-1.OPH1'R E. RICE LAWOFFICES DANIEL K.DEARDORFF JFNNIFI3R L.SPEARS THOMAS J.WILLIAMS* SETH T. MOSFBEY 10 FAST HIGH STREET NO V 0-M-0 III Kxm J.MAXWELL CARLISLE,PFNNSYL.IAM.A 17013 HUBER'r X.GILROY R.C. VANLANDINGHA.M TFi.EPHONF (717)243-3341 GEORGE B.FALLER JR.* FAr:S1MILE (7 17)243-1850 BOARD CERTIFIED CIVIL TRIAL SPECIALIST INTERAIFT wwwmartsonlaw.com August 22, 2013 Mr. Joey Simonton Joey's Ice Cream Trucks, LLC 1496 Limestone Road Charleston, WV 25312 RE: William Ryerson v. Joey's Ice Cream Trucks, LLC Docket No: 2013-4143, Cumberland County Court of Common Pleas Our File no. 15180.1 Dear Mr. Simonton: Enclosed is an Important 10 Day Notice directed to Joey's Ice Cream Trucks, LLC. Very truly yours, MARTSON LAW OFFICES RCV/mmp R. Christopher VanLandingham Enclosure cc: Mr. William Ryerson (w/o enclosure) F TILESTIienls'd 5180 Ryerson'%15180.1 10day1tr wpd IN FORMATIO N • ADV ICE • ADVOCACY SM F:\FILES\Clients\15180 Ryerson\15180.110daynotice wpd Christopher E. Rice, Esquire I.D. Number 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant TO: Joey's Ice Cream Trucks,LLC DATE OF NOTICE: August 22,2013 1496 Limestone Road Charleston,WV 25312 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717)249-3166 MARTSON?LAW�FICE� By. � � Christopher E. Rice, Esquire I.D.No. 90916 R. Christopher VanLandingham, Esquire I.D. No. 307424 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joey's Ice Cream Trucks, LLC 1496 Limestone Road Charleston, West Virginia 25312 MARTSON LAW OFFICES By Ami J. Thum Una 10 East High Street Carlisle, PA 17013 Dated: CAM �� FAFILES\Clients\15180 Ryerson\15180.1.pra.defau1tmpd Christopher E. Rice, Esquire I.D.Number 90916 R. Christopher VanLandingham, Esquire I.D.No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER MARTSON LAW OFFICES Ten East High Street Carlisle,PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant TO JOEY'S ICE CREAM TRUCKS, LLC: NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the �� day of c�Gp , 2013, Judgment was entered against you in the above-captioned action for failure to file an Answer to Plai tiff s Complaint. �o/Date: �4�'3 Prothonotary I hereby certify that the name and address of the proper party to receive this notice under Pa. R. Civ. P. 236 is: Joey's Ice Cream Trucks, LLC 1496 Limestone Road Charleston, West Virginia 25312 \\mdwo04\sys\FILES\Clients\15180 Ryerson\ 15180.1.pra.amended default.wpd Christopher E. Rice, Esquire I.D. Number 90916 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff r;r THE PROTHOI-,'0 ?;`!f JUL -u Pit 2:31 CUMBERLAND COUNTY PENNSYLVANIA WILLIAM RYERSON, Plaintiff v. JOEY'S ICE CREAM TRUCKS, LLC Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2013 - 4143 CIVIL TERM PRAECIPE FOR AMENDED DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter default judgment in the above -captioned action in favor of Plaintiff and against Defendant Joey's Ice Cream Trucks, LLC, in the amount of $50,000.00. I do hereby certify that written notice of intention to file this Praecipe was mailed to Joey's Ice Cream Trucks, LLC on August 22, 2013, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES Dated: 7/ff Christopher E. Rice, Esquire I.D. Number 90916 Aaron S. Haynes, Esquire I.D. No. 307746 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff \\mdwo04\sys\FILES\Clients\15180 Ryerson\ 15180.1.pra.amended default.wpd Christopher E. Rice, Esquire I.D. Number 90916 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS Christopher E. Rice, Esquire, being duly sworn according to law, deposes and says that he is an employee of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, attorneys for the Plaintiff in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against Defendant Joey's Ice Cream Trucks, LLC was given to Defendant by mail on August 22, 2013. Sworn to and subs ribed before me thisv day of , 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cum Aug County u8, ty Commission Expires 015 MEMSE . ' N YYEVANIA ASSOCGA ON OF NOTARIES • 0_,-4 C1/1 -- Christopher E. Rice, Esquire Christopher E. Rice, Esquire I.D. Number 90916 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC 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, Defendant, above named is a limited liability company and not an individual and therefore, not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 1496 Limestone Road, Charleston, West Virginia 25312. Christopher E. Rice, Esquire Sworn to and subscribed before me this day of ,2014. Not vit ublic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle euro, Cumberland County mission Expires Aug. 18, 2015 MatlikR,14NsYtvAtuA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe for Amended Default Judgment was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Joey's Ice Cream Trucks, LLC 1496 Limestone Road Charleston, West Virginia 25312 MARTSON LAW OFFICES By Dated: .1//- �o M,:ryi . Price 10 East High Street Carlisle, PA 17013 F:\FILES\Clients\15180 Ryerson\ 15180.1.pra.amended default.wpd Christopher E. Rice, Esquire I.D. Number 90916 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff WILLIAM RYERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2013 - 4143 CIVIL TERM JOEY'S ICE CREAM TRUCKS, LLC Defendant TO: JOEY'S ICE CREAM TRUCKS, LLC: NOTICE OF ENTRY OF AMENDED DEFAULT JUDGMENT You are hereby notified that on the day of , 2014, a Judgment in the amount of $50,000.00 was entered against you in the above -captioned action for failure to file an 311141/ Answer to Plaintiffs Complaint. Date: 7 8 '/ �/ itl► Prothonotary I hereby certify that the name and address of the proper party to receive this notice under Pa. R. Civ. P. 236 is: Joey's Ice Cream Trucks, LLC 1496 Limestone Road Charleston, West Virginia 25312