The URL can be used to link to this page

Home My WebLink About05-0396 LINCOLN CONTRACTING & EQUIPMENT CO., INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION - LAW : No. 2005 - 29&, C:.~c..>L '--rULYY\ ENVIRONMENTAL CONSTRUCTION : PRAECIPE FOR TRANSFER & GROUP, : ENTRY OF JUDGMENT Defendant COUNSEL OF RECORD FOR PLAINTIFF: Jennifer L. Ringdal, Esq. ABOOD, RUSSELL, PAPPAS & ROZICH 709 Franklin Street Johnstown, Pennsylvania 15901 (814) 535-6751 Supreme Court LD. No. 74574 .. LINCOLN CONTRACTING & EQUIPMENT CO., INC., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - LAW No. 2004 - ENVIRONMENTAL CONSTRUCTION GROUP, Defendant PRAECIPE FOR TRANSFER & ENTRY OF .JUDGMENT TO THE PROTHONOTARY: Please transfer and enter the judgment in favor of Plaintiff, Lincoln Contracting & Equipment Co., Inc., and against the Defendant, Environmental Construction Group, in the amount of $42,465.66, plus interest and costs of suit, pursuant to Pa.R.C.P. Rule 3002. ABOOD, RUSSELL, PAPPAS & ROZICH /~~~ /..-?-' . .... /:: ~--------------- -------- Jennifer L. Rin aI, Esquire Attorney for Plaintiff LINCOLN CONTRACfING & EQUIPMENT CO., INC., Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL ACTION - LAW No. 2005 - 396 Civil Term ENVIRONMENTALCONSTRUCfION GROUP, Defendant NOTICE OF SERVICE OF PLAINTIFFS' INTERROGATORIES IN AID OF EXECUTION DIRECTf:D_TO DEFENDANT To: Prothonotary of Cumberland County: You are hereby notified that on the 2~day of June, 2005, Plaintiff served its Interrogatories in Aid of Execution upon Defendant, by mailing a copy of the same via United States First-Class mail, postage prepaid, addressed to the following: Matthew C. Kichman, Pres. Environmental Construction Group 3304 Market Street Camp Hill, PA 17011 ABOOD, RUSSELL, PAPPAS & ROZICH ~ .J, By "-./ ~cd-'~ ~ Jennifer L. ngdal, Esquire ~ Attorney for Plaintiff (") ~ ~.~ -'(J(::: rnl'" iil'~;~ -< r:' <:: %~~"; >c. ~ ,~,,",,,,,,,""'[ . '-",'."',.,.:." i;iA:::~;D ,..., = = eon ~ r I Ul . . " "~~'~_P'fi,\j_,,:,>...:.: .. j;j~~~i!i:~3:t!';''. -0 :J:: r:-? ~ :C-n rl1,- :g1"T1~' b ~.." 00 2m o -< ~ .< c..n Ul IN THE COURT OF COMMON PLEAS OF SOMERSET COUNTY, PENNSYLVANIA OFFICE OF THE PROTHONOTARY Lincoln Contracting & Equipment Co., Inc., plaintiff, VS. No. 990 Judgment 2004 Environmental Construction Group, Defendant. CERTIFICATION OF DOCKET ENTRIES AND JUDGMENT I, Angie Svonavec Prothonotary of the Court of Common Pleas of Somerset County, Pennsylvania, do hereby certify that the following is a true, correct and full copy of the docket entries in the above captioned case: SEE ATTACHED I further certify that judgment was entered in favor of Plaintiff, Lincoln Contracting Equipment Co., Inc. , and against Environmental CORHtruction Group on December 28, 2004 in the above captioned case in the amount of 42,465.66 IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of the said Court on the 13th day of January, 2005 14:20:55 - Angie SVOf/Qvt'C By: t~n~ Deputy No. 990 Judgment 2004 ================================== Lincoln contracting & Equipment Co., Inc. , plaintiff, VS. Environmental Construction Group, Defendant. ================================== CERTIFICATION OF DOCKET Enteries and Judgment ================================== Judgment. Interest from Somerset Co. costs 42,465.66 14.50 Jennifer L. Ringdal, Esq. Attorney for Plaintiff PTLIB/PR0047 Prothonotary - Somerset County JUDGEMENT INDEX JUDGMENT DATE 1/13105 Number 00990 2004 Date 12/28/2004 Tlme 8,57 AM PRAECIPE FOR JUDGMENT PLAINTIFF INFORMATION PLAINTIFF LINCOLN CONTRACTING & EQUIPMEN DEFENDANT INFORMATION DEFENDANT ENVIRONMENTAL CONSTRUCTION GRO Fee Description FEES: Mise EqUlp County State Docket Information miscellaneous 5.00 9.00 .50 28 December 2004. @08:57 PM. PRAECIPE FOR ENTRY OF JUDGMENT FILED BY JENNIFER L. RINGOALL. ESO. DIRECTING THE PROTHONOTARY TO ENTER JUDGMENT IN FAVOR OF PLAINTIFF. LINCOLN CONTRACTING & EQUIPMENT CO. INC.. AND AGAINST DEFENDANT. ENVIRONMENTAL CONSTRUCTION GROUP. IN THE AMOUNT OF $42.465.66. PLUS INTEREST AND COSTS OF SUIT. PURSUANT TO PA.R.C.P. RULE 2951 IN LIGHT OF DEFENDANT'S FAILURE TO COMPLY WITH THE TERMS OF THE NOTE EXECUTED BY DEFENDANT DATED JUNE 12. 2004. ENTERED IN JUDGMENT INDEX AGAINST ENVIRONMENTAL CONSTRUCTION GROUP. /S/ ANGIE SVONAVEC. PRO. (JCI 04 January 2005. @OI:30 PM, NOTICE OF ENTRY OF JUOGMENT MAILED TO ENVIRONMENTAL CONSTRUCTION GROUP. 3304 MARKET ST. CAMP HILL. PA 17011. IJC) (") c :;.;'~ "v(r; ~:); c:. (H'j i::: :;;'" -J -, ,...., = = <.N <- :>:- z N -0 :x '::? c::> ...- ~ :? niFJ ""'t,lm 'O:I; ..) (,-~ ,J :'i~~'i CJi''':i .~"-:m C) ",,-i ').~ ':.'_-:,:1 ~.< 1 LINCOLN CONTRACTING & EQUIPMENT CO., INC. vs. Plaintiff : IN THE COURT OF COMMON PLEAS OF : SOMERSET COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : No. ~ Cfq 0 JudP ~ JOOy : PRAECIPE FOR ENTRY OFlfunGMENT ENVIRONMENTAL CONSTRUCTION GROUP, \ \ "'C::-",,;fi;A";;- be true ~d t correct ::"0~J vf the oo.gma , Docur..:...nt on file 10 this o(fice. 1/ /' ~ ,; Pr"thonotar)' Defendant -- COUNSEL OF RECORD FOR PLAINTIFF: Jennifer L. Ringdal, Esq. ABOOD, RUSSELL, PAPPAS & ROZICH 709 Franklin Street Johnstown, Pennsylvania 15901 (814) 535-6751 Supreme Court J.D. No. 74574 .." r Cl '"" .r. CJ ,-, .." i'i', c (""") p"'-.' N ~ co r c' J:~'''' ~ ! '?? c -...; ,,_.., {L :-> .~-- c, rTl~ LINCOLN CONTRACTING & EQUIPMENT CO., INC. Plaintiff : IN THE COURT OF COMMON PLEAS OF : SOMERSET COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2004 - vs. ENVIRONMENTAL CONSTRUCTION GROUP, Defendant PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment in favor of Plaintiff, Lincoln Contracting & Equipment Co., Inc., and against the Defendant, Environmental Construction Group, in !he amount of $42,465.66, plus interest and costs of suit, pursuant to Pa.R.c.P. Rule 2951 in light of Defendant's failure to comply with the terms of the Note executed by Defendant dated June 12, 2004. ABOOD, RUSSELL, PAPPAS & ROZICH ~ ~,Y ~',./' %?'~ .?/. %:-"'" ;nniferL~gdtEs~----------- Attorney for Plaintiff CERTIFICATION OF RESIDENCE I, Dean A. Bowman, Assistant Secretary for Lincoln Contracting & Equipment Co., Inc. a Pennsylvania corporation the plaintiff herein, do hereby certify that the residence of Lincoln Contracting & Equipment Co., Inc., is 2478 Lincoln Highway, Stoystown, Pennsylvania 15563, and, further, I hereby certify that the residence of the defendant, Environmental Construction Group, a Pennsylvania corporation, is 3304 Market Street, Camp Hill, Pennsylvania 17011. Date: December 13, 2004 b~~ I\.~~ Dean A. Bowman, Assistant Secretary Lincoln Contracting& Equipment Co., Inc. NOTE Dater I~ Ur1 r Amount: $93,321.88 The Environmental Construction Group. (E.C.G.), by its president, Matthew Kichman, the undersigned, and intending to bind the corporation, does hereby promise to pay unto Lincoln Contracting& Equipment, Co. Inc, (LCE), the sum of Ninety-Three Thousand Nine Hundred Sixty-Five Dollars aud Sixty-six Ceuts ($93,965.66) in three equal consecutive monthly installments of Thirty-One Thousand Three Hundred Twenty one Dollars and Eighty-Eight Cents, ($31,321.88); the first of the equal consecutive monthly installments shall be due on June 30, 2004 and the installments shall continue on the same day of each consecutive month until the entire balance due is paid. (E.C. G.) does hereby authorize any attomey of record to file this Note and take judgment against (E.C.G.) in any court of competent jurisdiction; waiving costs and errors. Provided that ifthe payments are made when due (LCE) shall forbear in the filing of this note in any court of competent jurisdiction and taking judgment for the amount due. The failure to make a payment when due shall cause the entire remaining balance to become due and payable immediately and (LCE) may at its sole discretion take judgment for the remaining balance. Environmental Construction Group By: ~ C_)~ Matthew C. Kichman, President AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF SOMERSET Before me, the undersigned authority, personally appeared, Dean A. Bowman, known personally to me and as the Assistant Secretary of Lincoln Contracting & Equipment Co., Inc., who being duly swom at law deposes and says, that the Environmental Construction Group (E.C.G.), is a Pennsylvania Corporation and is not a natural person and that the hereinafter described Note was not executed as a part of consumer transaction. That the said (E.C.G.) caused it president, Matthew Kichman, to execute a Judgment Note, containing a Confession,of Judgment, on or about June 12, 2004, in the amount of Ninety-Three Thousand Nine Hundred Sixty-Five Dollars and Sixty-six Cents ($93,965.66) in favor of Lincoln Contracting & Equipment Co. Inc.; the note set forth a schedule of payments wherein the total amount due would be paid by August 30, 2004, the defendant has failed to comply; the defendant has made payments against the total due in the amount of Forty Five thousand Dollars ($45,000.00), leaving a balance of Forty Two Thousand ($42,000.00) now over due. The Judgment Note provides for the taking of judgment in the event of the defendants failure to comply with the payment terms. The Judgment Note is hereto attached and made a part hereof. Date: December 13, 2004 ~~~. Dean A. Bowman, Assistant Secretary Lincoln Contracting& Equipment Co. Inc. Swom and Subscribed before Me, a Notary Public Date: December 13, 2004 ~~~ Notary Public Notarial Seal Ronald C. Slngo, Notary Public Jenner l'Np., Somerset CountY My Commission expires Jan. 24, 2005 Member- PAnn~vll,l!inia AssociCltinn of Notalie~' t 1 D ~ 0 ....., c = 0 ~ c;:.:. <"~ <:.M -" C) "'tl i~('; <- :r D; (~.: :> rn PJ ~? r-: :z r '- ~ () (1"1,)'" N "T}1Tl ~ --.0 0 ~,;::: Z::;r -.fC) ~ V) " g~ j ~ -. ~ i;:F? ...... --- ""...- W ~. ";-1 /lJ :< CJ .,;." '.:t.J +"., -< ~ ~