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HomeMy WebLinkAbout14-0726 Supreme Court of Pennsylvania Court of Common`Pleas For Prothonotary Use Only: C10 Cover. Sheet Docket No: Cur0berlartd' County The it?/ornmtiorr collected on this form is used solely for court administration purposes. This form does not supplement or replace the f ling and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S El Complaint F1 Writ of Summons 0 Petition Q Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Gerald L. Cordell CRF Mechanical, Inc. T Dollar Amount Requested: Elwithin arbitration limits I Are money damages requested? S Yes El No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? [I Yes El No Is this an MDJAppeal? [:] Yes n No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices El (,'heck here if you have no attorney (are ai Self-Represented (i'ro Se.( Litigant) 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 0 Intentional [I Buyer Plaintiff Administrative Agencies rl Malicious Prosecution El Debt Collection: Credit Card 0 Board of Assessment E] Motor Vehicle [E Debt Collection: Other Board of Elections ® Nuisance Money Loaned /Unpaid Dept. of Transportation S 0 Premises Liability Statutory Appeal: Other Product Liability (does not include Employment Dispute: E mass tort) © Slander /Libel/ Defamation Discrimination C F1 Other: El Employment Dispute: Other Zoning Board � Other: T , T Other: O MASS TORT 0 Asbestos N n Tobacco E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste Other: ED Ejectment rl Common Law /Statutory Arbitration B r7 Eminent Domain /Condemnation D Declaratory Judgment 0 Ground Rent E] Mandamus El Landlord/Tenant Dispute E] Non - Domestic Relations r7 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY n Mortgage Foreclosure: Commercial ® Quo Warranto 0 Dental r7 Partition El Replevin n Legal 0 Quiet Title Other: rl Medical E] Other: Other Professional: Updated 1/1/2011 r 5 O t E A F EB �Z)` Christopher E. Rice, Esquire F tB - 7 PM 3. 4 9 Attorney I.D. No. 90916 CUNB Seth T. Mosebey, Esquire PENNS L) COUNT Y Attorney I.D. No. 203046 A MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2014 - 7a,6 CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants 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 Bar Association 34 South Bedford Street Carlisle, PA 17013 4-16 3 , 2r?o( (717) 249 -3166 4 �`abJy /3 FIFILES \Clients \15410 Cordell\15410.1.coml.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Seth T. Mosebey, Esquire Attorney I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 2014 - `��G CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants COMPLAINT AND NOW, comes the Plaintiff, Gerald L. Cordell, by and through his attorneys, Martson Law Offices, and files this Complaint against Defendants, CRF Mechanical, Inc., and CRF Mechanical, LLC, and in support thereof avers as follows: 1. Plaintiff, Gerald L. Cordell ("Plaintiff'), is an adult individual residing at 10 Bradi Drive, Carlisle, Pennsylvania 17015. 2. Defendant CRF Mechanical, Inc., is a Pennsylvania corporation with a registered address of 55 West Street, Newville, Cumberland County, Pennsylvania. 3. Defendant CRF Mechanical, LLC, is a Pennsylvania limited liability company with a registered office address of 135 Foltz Road, Shippensburg, Cumberland County, Pennsylvania. 4. On or about March 31, 2008, Defendant CRF Mechanical, Inc., entered into a Note with Plaintiff to borrow $250,000.00 (the "Seven Year Note "), and agreed to make monthly payments in the amount of $3,593.00, and one final payment consisting of the outstanding principal and interest in satisfaction of the principal balance. A true and correct copy of the executed Seven Year Note is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. On or about March 31, 2008, Defendant CRF Mechanical, Inc., entered into a Note with Plaintiff to borrow $50,000.00 (the "Three Year Note "), and agreed to satisfy the principal balance on or before March 30, 2011. A true and correct copy of the executed Three Year Note is attached hereto as Exhibit "B" and is incorporated herein by reference. 6. On March 31, 2008, Defendant CRF Mechanical, LLC, executed a Guaranty and Surety Agreement (the "Guaranty ") unconditionally guaranteeing the payment of each installment of principal and interest due on both the Seven Year Note and Three Year Note. A true and correct copy of the executed Guaranty is attached hereto as "Exhibit C" and is incorporated herein by reference. 7. Defendant CRF Mechanical, Inc., has defaulted under the Seven Year Note and Three Year Note, by and including, but not limited to, failing to make payments as required under both the Seven Year Note and the Three Year Note. 8. Defendant CRF Mechanical, LLC, has defaulted under the Guaranty by failing to make the payment due and owing by Defendant CRF Mechanical, Inc., under both the Seven Year Note and the Three Year Note. 9. Defendant made payments in the amount of $3,593.00 per month from April 1, 2008, through December 1, 2011. Thereafter, only one payment of $500.00, and four payments in the amount of $100.00, were made. 10. The total sums due and owing under the Seven Year Note and Three Year Note, as of February 1, 2014, are itemized as follows: Seven Year Note Principal $153,794.89 Interest (through 2/1/14) $ 14,828.80 Late Charge $ 7,545.30 Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $ 2,500.00 Total: $179,168.99* *Plus interest per diem at $23.17, along with additional costs and fees incurred, until paid in full. Three Year Note Principal $50,000.00 Late Charge $ 5,000.00 Costs of Suit (estimated) $ 500.00 Attorney Fees (estimated) $ 2,500.00 Total: $58,000.00 Grand Total: $237,168.99 ** * * Plus interest per diem at $23.17, along with additional costs and fees incurred, until paid in full. 11. Despite Plaintiff's request for payment of the outstanding amounts set forth herein, Defendants have failed to make payment. 12. The outstanding amounts set forth herein remain due and outstanding. WHEREFORE, Plaintiff, Gerald L. Cordell, demands judgment against Defendants, CRF Mechanical, Inc., and CRF Mechanical, LLC, under the Seven Year Note and Three Year Note in the amount of $237,168.99, plus interest from February 1, 2014, at the rate of $23.17 per day until the debt is paid in full. MARTSON LAW OFFICES B (2�r' x S /1 Christopher E. Rice, Esquire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: Z-7— y Attorneys for Plaintiff EXHIBIT "A" NOTE $250,000.00 March 31", 2008 Franklin County, Pennsylvania For Value received, CRFMechanical, Inc., a Pennsylvania corporation having a mailing and notice address of 55 West Street, Newville, Cumberland County, Pennsylvania, (hereinafter called "OBLIGOR ") promises to pay to the order of Jerry L. Cordell, having an address of 5173 Bullitt Road, Greencastle, Franklin County, Pennsylvania, (hereinafter called "OBLIGEE "), his heirs, personal representatives, successors or assigns, in lawful money of the United States of America, the sum of Two Hundred Fifty Thousand ($250,000.00) Dollars and any additional moneys loaned or advanced by any holder hereof as hereinafter provided, as follows: $250,000.00 with interest at the rate of 5.5% per annum on the unpaid balance until paid, said principal sum and interest to be paid in monthly installments of $3,593.00, commencing on the 1 st day of May, 2008, and on the 1 S` day of each month thereafter until the principal and interest are fully paid, except that the final payment of principal and interest, if not sooner paid, shall be due and payable on the 1 S` day of April, 2015, with the privilege to the Obligor, at Obligor's option, to pay the debt in whole or in part on any date prior to maturity. In the event any payment provided for herein shall become overdue, the Obligor agrees to pay a late charge in an amount not exceeding ten per cent (10 %) of any such overdue payment as compensation for the additional service resulting from the default; all payments to be made at 5173 Bullitt Road, Greencastle, Pennsylvania 17225, or elsewhere as shall be directed by any holder hereof. In case default be made for the space of thirty (30) days in the payment of any installment of principal, or interest, or in the performance by the Obligor of any of the other obligations of this Note, the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by any holder hereof to or on behalf of the Obligor pursuant to the terms of this Note, together with unpaid interest thereon, shall at the option of the holder, and with five business days advance notice to Obligor, become immediately due and payable, and one or more executions may forthwith issue on any judgments obtained by virtue hereof; and no failure on the part of any holder hereof to exercise any of the rights hereunder shall be deemed a waiver of any such rights or of any default hereunder. The Obligor hereby empowers any attorney of any court of record within the United States of America or elsewhere to appear for the Obligor and, with or without complaint filed, confess judgment, or a series of judgments, against the Obligor in favor of any holder hereof, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other sums paid by the holder hereof to or on behalf of the Obligor pursuant to the terms of this Note, together with unpaid interest thereon, costs of suit and an attorney's commission for collection of five per cent (5 %) of the total indebtedness, or $500.00, whichever is greater, on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Note. This obligation shall bind the Obligor and the Obligor's successors and assigns, and the benefits hereof shall inure to the Obligee hereof and its successors and assigns. Witness the due execution hereof the day and year first above written. Witness: CRF MECHANICAL, INC. By: Laura fitter, President "PURCHASER" This document has been prepared by Paul T. Schemel, Esq., of Dick, Stein, Schemel, Wine & Frey, LLP, 13 West Main St., Ste. 210, Waynesboro, PA, 17268. EXHIBIT "B" NOTE $50,000.00 March 31 5 `, 2008 Franklin County, Pennsylvania For Value received, CRFMechanical, Inc., a Pennsylvania corporation having a mailing and notice address of 55 West Street, Newville, Cumberland County, Pennsylvania, (hereinafter called "OBLIGOR ") promises to pay to the order of Terry L. Cordell, having an address of 5173 Bullitt Road, Greencastle, Franklin County, Pennsylvania, (hereinafter called "OBLIGEE "), his heirs, personal representatives, successors or assigns, in lawful money of the United States of America, the sum of Fifty Thousand ($50,000.00) Dollars and any additional moneys loaned or advanced by any holder hereof as hereinafter provided, as follows: $50,000.00, with no interest, which, if not sooner paid, shall be due in full on March 30`'', 2011, with the privilege to the Obligor, at Obligor's option, to pay the debt in whole or in part on any date prior to maturity. In the event any payment provided for herein shall become overdue, the Obligor agrees to pay a late charge in an amount not exceeding ten per cent (10 %) of any such overdue payment as compensation for the additional service resulting from the default; all payments to be made at 5173 Bullitt Road, Greencastle, Pennsylvania 17225, or elsewhere as shall be directed by any holder hereof. In case default be made for the space of thirty (30) days in the payment of any installment of principal, or interest, or in the performance by the Obligor of any of the other obligations of this Note, the entire unpaid balance of the principal debt, additional loans or advances and all other sums paid by any holder hereof to or on behalf of the Obligor pursuant to the terms of this Note, together with unpaid interest thereon, shall at the option of the holder, and with five business days advance notice to Obligor, become immediately due and payable, and one or more executions may forthwith issue on any judgments obtained by virtue hereof; and no failure on the part of any holder hereof to exercise any of the rights hereunder shall be deemed a waiver of any such rights or of any default hereunder. The Obligor hereby empowers any attorney of any court of record within the United States of America or elsewhere to appear for the Obligor and, with or without complaint filed, confess judgment, or a series of judgments, against the Obligor in favor of any holder hereof, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other sums paid by the holder hereof to or on behalf of the Obligor pursuant to the terms of this Note, together with unpaid interest thereon, costs of suit and an attorney's commission for collection of ten per cent (10 %) of the total indebtedness, or $500.00, whichever is greater, on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this Note. 1 This obligation shall bind the Obligor and the Obligor's successors and assigns, and the benefits hereof shall inure to the Obligee hereof and its successors and assigns. Witness the due execution hereof the day and year first above written. Witness: CRF MECHANICAL, INC. By. IZ21 W� Laura J. fitter, President "PURCHASER" This document has been prepared by Paul T. Schemel, Esq., of Dick, Stein, Schemel, Wine & Frey, LLP, 13 West Main St., Ste. 210, Waynesboro, PA, 17268. EXHIBIT "C" GUARANTY AND SURETY AGREEMENT For Value Received and intending to be legally bound, CRF Mechanical, LLC, does hereby unconditionally guarantee and become surety for the due and punctual payment of each installment of principal of and interest on the Three Year Note and Seven year Note attached hereto as and when each said installment shall respectively become due and payable in accordance with the terms thereof, whether at maturity or by declaration, acceleration or otherwise, as well as all additional loans or advances and all other sums paid by any holder of said Notes to or on behalf of the maker thereof pursuant to the terms of said Notes. The Undersigned company hereby waives any presentment for payment, notice of nonpayment, demand or protest, declares that this obligation is absolute and unconditional, and agrees that it shall not be released by any extension of time for payment or by any other matter or thing whatsoever whereby the Undersigned company as absolute guarantors and sureties otherwise would or might be released. In case default be made under the terms of the Three Year Note or Seven Year Note attached hereto, the Undersigned company, hereby empowers any attorney of any court of record within the United States of America or elsewhere to appear for the Undersigned company and, with or without complaint filed, confess judgment, or a series of judgments, against the Undersigned company in favor of any holder thereof, as of any term, for the unpaid balance of the principal debt, additional loans or advances and all other sums paid by any holder thereof to or on behalf of the maker of said Notes pursuant to the terms thereof, together with interest set forth therein, costs of suit and an attorney's commission for collection of ten (10 %) percent of the total indebtedness or $500.00, whichever is the larger amount, on which judgment or judgments one or more executions may issue forthwith. The Undersigned company hereby forever waives and releases all errors in said proceedings, waive stay of execution, the right of inquisition and extension of time of payment, agree to condemnation of any property levied upon by virtue of any such execution, and waive all exemptions from levy and sale of any property that now is or hereafter may be exempted by law. These presents shall bind the Undersigned company the Undersigneds' successors and assigns, and the benefits hereof shall inure to the payee of said Notes, and his successors, heirs and assigns. Witness the due execution hereof this 31 day of March, 2008. CRF MECHANICAL, LLC W y: LL& (SEAL) Donald Witter, Member ...... ......... lN� (SEAL) aura J. Vitter, Member a VERIFICATION 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 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Gerald L. Cordell SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson J (1- Sheriff P�� �� ,�xy,,s t ar�r�tacr p Jody S Smith 1 Chief Deputy J-�f Richard W Stewart ok g Solicitor Gerald Lance Cordell vs. Case Number CRF Mechanical, Inc. (et al.) 2014-726 SHERIFF'S RETURN OF SERVICE 02/20/2014 03:01 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Laura Witter, Owner,who accepted as"Adult Person in Charge"for CRF Mechanical, Inc. at 25 Reese Street, Penn Township, Shippensburg, PA 17257. �3 JASO KIN FR, DEPUTY 02/24/2014 01:28 PM- Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Laura Witter, President, who accepted as"Adult Person in Charge"for CRF Mechanical, LLC at 25 Reese Rd, Newville, PA 17241. DE IS FRY, PUTY SHERIFF COST: $117.27 SO ANSWERS, February 25, 2014 RONR ANDERSON, SHERIFF e:;,,c' FAFILES \ Clients\ 1 5410 Cordell \ 15410.1.pra.default.wpd Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GERALD L. CORDELL, Plaintiff V. CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 726 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants CRF Mechanical, Inc., and CRF Mechanical, LLC, in the amount of $237,168.99, plus interest from February 1, 2014, at the rate of $23.17 per day until the debt is paid in full for failure to file an Answer to Plaintiffs Complaint. I do hereby certify that written notice of intention to file this Praecipe was mailed to Defendants on March 18, 2014, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. Dated: MARTSON LAW OFFICES By: Christopher E. Rice, Esquire I.D. Number 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F'\FTLES \Clients \15410 Cordell \15410.1.10 day notice CRF [nc.wpd Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, Plaintiff v. CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants TO: CRF MECHANICAL, Inc., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 726 CIVIL TERM 25 Reese Street, Shippensburg, PA 17257 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 Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Date: March 18, 2014 MARTSON LAW OFFICES sy: Jto Christopher E. Rice, E I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Attorneys for Plaintiff F: \FILES \Clients \ 15410 Cordell\15410, 1.10 day notice CRF LLC.wpd Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 726 CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants TO: CRF MECHANICAL, LLC, 25 Reese Street, Shippensburg, PA 17257 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 Bar Association 34 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 Date: March 18, 2014 MARTSON LAW OFFICES By: Christopher E. Rice, ire I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Attorneys for Plaintiff Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 726 CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants 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, Defendants are business and not in the military service of the United States of America, that he has knowledge that the said Defendants' last known address is: 25 Reese Street, Shippensburg, PA 17257 Christopher E. Rice, Esquire Sworn to and subscribed before me this Lday of April, 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Bono, Cumberllaand County ty . 18, My Commission ExpI 2015 MEMB R, PENNSYLVANIA ASSOCIATION WARNS Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 726 CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants 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 Defendants was given to them by mail on March 18, 2014 r. Christopher E. Rice, Esquire Sworn t and subscribed before me this day of April, 2014. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County My Commission Expires A • . 18, 2015 MEMBER, PENNSYLVANIA 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 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: CRF Mechanical, Inc. 25 Reese Street Shippensburg, PA 17257 CRF Mechanical, LLC 25 Reese Street Shippensburg, PA 17257 MARTSON LAW OFFICES By Dated: L¢ // /it a:,.> M . ry . Price 10 E.t High Street Carlisle, PA 17013 Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 726 CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants TO: CRF MECHANICAL, INC. NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 4014- day of April, 2014, the following Judgment was entered against you in the above - captioned action: judgment in the amount of $237,168.99, plus interest from February 1, 2014, at the rate of $23.17 per day until the debt is paid in full for failure to file an Answer to Plaintiffs Complaint. Date: 9 /q& Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: CRF Mechanical, Inc. 25 Reese Street Shippensburg, PA 17257 Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 726 CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants TO: CRF MECHANICAL, LLC NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the Y14- day of April, 2014, the following Judgment was entered against you in the above - captioned action: judgment in the amount of $237,168.99, plus interest from February 1, 2014, at the rate of $23.17 per day until the debt is paid in full for failure to file an Answer to Plaintiffs Complaint. Date: V/Z/& I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: CRF Mechanical, LLC 25 Reese Street Shippensburg, PA 17257 Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ii ElLED-UFFIrE THE PROTHONOTARY 2014 APR 30 CI •9;: 55 OTTO GILROY & FALLgtiMipEENRNLSAYNACNOIVANT Y GERALD L. CORDELL, Plaintiff v. CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 726 CIVIL TERM CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 4/30/14 MARTSON LAW OFFICES Christopher E. Rice, Esqui I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff 4 FILES\Clients \ 15410 Cordell \ 1 5410,1,subpoena.notice of intent.wpd Christopher E. Rice, Esquire Seth T. Mosebey, Esquire Attorney I.D. Nos. 90916 and 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff GERALD L. CORDELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2014 - 726 CIVIL TERM CRF MECHANICAL, INC., and CRF MECHANICAL, LLC, Defendants NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Date: 4i//l MARTSON LAW OFFICES By: J Christopher E. Rice, Esq I.D. No. 90916 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GERALD L. CORDELL Plaintiff File No. 2014 -726 VS. CRF MECHANICAL, INC., and CRF MECHANICAL, LLC Defendant SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dick, Stein, Schemel, Wine & Frey, LLC., 13 West Main St., Suite 210, Waynesboro, PA 17268 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Copies of the complete loan, sale, and financing documents pertaining to the sale of H.R. Cordell Sons, Inc., to CVRF Mechanical, Inc. Copies of documents should include, but not be limited to, all Agreements of Sale, Notes, Loan Agreement, Guaranties, UCC Financing Statements, Lease Agreements; Settlement Statements, tax returns or other financial information of either the seller, buyer, or any guarantor. at Manson Law Offices, 10 East High Street, Carlisle, PA 17013 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days alter its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Christopher E. - Rice,.Esquire/Seth T. Mosebey, Esquire ADDRESS: 10 East High Street Carlisle, PA 1703 TELEPHONE: 717- 243 -3341 SUPREME COU RT ID # 9fi916 - 203046 ATTORNEY FOR: Plaintiff Date: BY THE COURT: Prothonotary, Civil Division Seal ot'the Court Deputy CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Certificate Prerequisite to Service of a Subpoena Pursuant to Rule 4009.22 was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: CRF Mechanical, Inc. 25 Reese Street Shippensburg, PA 17257 CRF Mechanical, LLC 25 Reese Street Shippensburg, PA 17257 MARTSON LAW OFFICES By Nichole L. Mye Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: 4/30/14