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HomeMy WebLinkAbout14-1825 Supreme CourVU� Tennsylvania Count . c6.mmohrPleas For Prothonotary Use Only: C> Cover, Sheet Docket No: Culriber h a`t County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadingm or other papers as required by lain or rules of court. Commencement of Action: S 0 Complaint El Writ of Summons El Petition Transfer from Another Jurisdiction Q Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Neil Kamal, Inc., d /b /a Days Inn Carlisle New York Bituminous Products Corporation T Dollar Amount Requested: ®x within arbitration limits I Are money damages requested? O Yes El No (check one) Qoutside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: Hubert X. Gilroy, Esquire /Martson Law Offices Ell Check here if you have no attorney (are a Self - Represented JPro Sep 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 Buyer Plaintiff Administrative Agencies Malicious Prosecution Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections Nuisance Unpaid invoices E] Dept. of Transportation Q Premises Liability <<..i Statutory Appeal: Other S Product Liability (does not include mass tort) Q Employment Dispute: E Discrimination Slander/Libel/ Defamation l Employment Dispute: Other Q Zoning Board C El Other: ®- Other: , I [3 Other: O MASS TORT ©i Asbestos N 0 Tobacco Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law /Statutory Arbitration B E] Other: Eminent Domain /Condemnation � Declaratory Judgment Ground Rent Mandamus Q Landlord/Tenant Dispute Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABL.ITY Mortgage Foreclosure: Commercial Quo Warranto E] Dental Q Partition Replevin El Legal E] Quiet Title - -i' Other: Medical Other: Q Other Professional: Updated 1/1/2011 Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire ERL C 0 ; I.D. No. 203046 Eti,A 5 YLV'tAr41 A MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff NEIL KAMAL, INC., d/b /a DAYS INN : IN THE COURT OF COMMON PLEAS OF CARLISLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. :NO. 2014 - /a S CIVIL TERM NEW YORK BITUMINOUS PRODUCTS CORPORATION, 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 g` 3. 7� � TR COPY FROM REG �( In Testimony reof, 1 here set my hand and the s f sal ou ` C,arlisle, Pa, 3 J 357 This day [[�� 20 _ P notary FABLES \Clients \15561 SunnyDev \I5561.Lcotnl.wpd Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire 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 NEIL KAMAL, INC., d/b /a DAYS INN : IN THE COURT OF COMMON PLEAS OF CARLISLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 2014 - CIVIL TERM NEW YORK BITUMINOUS PRODUCTS CORPORATION, Defendant COMPLAINT 1. Neil Kamal, Inc., d /b /a Days Inn Carlisle ( "Plaintiff') is a Pennsylvania close corporation with a registered office address of 132 North George Street, York, Pennsylvania 17401. 2. Plaintiff operates a Days Inn hotel known as the Days Inn Carlisle, which is located at 101 Alexander Spring Road, Carlisle, Pennsylvania 17015. 3. New York Bituminous Products Corporation ( "Defendant "), is a New York corporation with a registered office address at 1297 Craigsville Road, Post Office Box 577, Chester, New York 10918. 4. In the Spring and Summer of 2013, Defendant was engaged in completing highway repairs for the Pennsylvania Department of Transportation. 5. Beginning on April 29, 2013, Defendant contracted with Plaintiff to provide lodging for Defendant's employees while Defendant completed highway repairs. Representative copies of the contracts executed by Defendant's employees are attached hereto as Exhibit "A" and are incorporated herein by reference. 6. Pursuant to the terms of the contracts, Defendant agreed to pay Plaintiff for the lodging provided by Plaintiff. 7. Plaintiff set up a direct billing account for Defendant so that Defendant would be billed on a monthly basis. 8. The amounts charged by Plaintiff to Defendant are as follows: a. For May 2013, the total charges incurred by Defendant was $8,758.15; b. For June 2013, the total charges incurred by Defendant was $9,199.60; C. For July 2013, the total charges incurred by Defendant was $11,788.80; and d. For August 2013, the total charges incurred by Defendant was $9,295.35. True and correct copies of Accounts Receivable Statements showing the charges incurred by Defendant are attached hereto and incorporated herein as Exhibit "B." 9. The following payments were made by Defendant in partial satisfaction of the lodging provided by Plaintiff to Defendant: a. $5,000.00 on August 15, 2013; b. $5,000.00 on August 27, 2013; and C. $5,000.00 on October 9, 2013. True and correct copies of the Accounts Receivable Statements, which reflect payments made by Defendant and credits provided by Plaintiff, are attached hereto and incorporated herein as Exhibit "B." 10. The outstanding balance due to Plaintiff from Defendant is $23,987.40. 11. Plaintiff has made a demand upon Defendant for payment of the amount due, but Defendant has failed and refused to pay the same. COUNT I - BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 11 as if fully set forth. 13. The parties had an express or implied agreement pursuant to which Plaintiff provided lodging for Defendant's employees, and Defendant agreed to pay Plaintiff for providing lodging. 14. Defendant has breached the expressed or implied agreement with Plaintiff, directly or through its agents, by failing to pay for the lodging provided to Defendant by Plaintiff. 15. Through February 25, 2014, the outstanding balance due to Plaintiff from Defendant was $23,987.40. 16. Due to Defendant's failure to pay, Plaintiff is entitled to statutory interest at the rate of six percent (6 %) per annum. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant for $23,987.40, plus interest at the rate of 6% per annum from the date that judgment is entered in its favor. COUNT II - QUANTUM MERUIT 17. Plaintiff hereby incorporates by reference the averments contained in Paragraphs 1 through 16 as if fully set forth. 18. In the alternative, Defendant is liable to the Plaintiff and /or has been unjustly enriched in the amount of $23,987.40. 19. The provision of lodging to Defendant's employees by Plaintiff was beneficial to Defendant. 20. Defendant appreciated the benefit of Plaintiff providing lodging to Defendant's employees. 21. Defendant accepted the lodging provided to its employees by Plaintiff. 22. Defendant's acceptance and retention of the lodging provided by Plaintiff is inequitable without payment of value. 23. Due to Defendant's failure to pay, Plaintiff is entitled to statutory interest at the rate of six percent (6 %) per annum. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant for $23,987.40, plus interest at the rate of 6% per annum from the date that judgment is entered in its favor. MARTSON LAW OFFICES B Y Y ubert X. Gilr , Esquire I.D. No. 2994 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff Date: 3A EXHIBIT "A" d . The Bastvatuo UndorTho Sun. Days Inn Carlisle 101 Alexander Spring Rd Carlisle, PA 17015 Tel: (717) 258 -4147 Fax: (717) 258 -1207 www.DaysinnCadisle.com GUEST INFORMATION CHARLES PETTY 26 snodin dr Walden NY 12586 WYNDHAM REWARDS INFORMATION Email Address Smoking Preference: Bed Type: Preferred Language: RESERVATION INFORMATION Confirmation No. 64140661 }loom Type: Handicapped Non - Smoking Doub room tf: 2 Arrival Date: 06.24 -13 Rate Code:, - :.LNLW. Arrival Rate: 65.00 USD Departure Date: 06 -28-13 Group: Number of Nights: 4 Company.' "New York Bituminous Products Cr Guest Initials: Number of Guests: 2/0 SETTLEMENT INFORMATION Payment Method: Direct Bill If any of the above Information is Incorrect or incomplete, please use the soction below. Name: Telephone Address Chy : State/Prov : Postal Code Country: Email Address: License Plate # : r ' Make: Model: NO'T'ICE. This facility is Independently owned and operated under licence from Days Inn. You agree personally to pay all charges incurred during your stay In advance If requosted. You agree to follow all posted procedures for safekeeping valuables, abide by house rules and chock-out date and time. Owner may refuso services and Is not responsible for porsonal Injury, property damage, or loss of valuables unloss safekeeping procedures are followed. Pots are allowed.however a $150 charge will be applied to your bill for undoclared pets or SMOKING in non - smoking rooms. I agree that my liability for any charges Incurred by me or any party that Is with me is not waived. The hotal Is not responsible for valuables not deposited in the safe. �signature: Please contact the Manager about and issues with your stay. Days Inn or atllllates may contact YOU about gouda and aeevieos unless you tail 577- 212.2733 or Write to Wyndham Worldwide Hotols. Inc. 1 Sylvan Way, Parsippany. PU:07054 to opt out. View our Days Inn weWle about privacy. The Bast Value Under The Sun` Days Inn Carlisle 101 Alexander Spring Rd Carlisle, PA 17015 Tel: (717) 258-4147 Fax: (717) 258.1207 www.DaysinnCadisle.com GUEST INFORMATION Robert Leo 10 old penny. rd Pawling NY 12564 WYNDHAM REWARDS INFORMATION Email Addross Smoking Preferenco: tied Type: Preferred Language: RESERVATION INFORMATION Confirmation No. Room Type: Non-smoking Double tied Room #: 118 Arrival Date: 06-09 -13 Rate Code: Arrival Rate: 55.00 USD Departure Date: 06 -11 -13 Group: NYSITC Number of Nights: 2 Company. New York Bituminous Products Cr Guest Initials: Number of Guests: 210 SETTLEMENT INFORMATION Payment Method: Visa If any of the abovo information is incorrect or incomplete. please use the section below. Name: Telephone: Address: City: State/Pray: Postal Code Country: Email Address: /^ Licenso Plate it: . • Make: 7 Model: NOTICE. This facility is Independently owned and operated under licence from Days Inn. You agroo personally to pay all charges Incurred during your stay In advanco If requested. You agree to follow all posted procedures for safekeeping valuables, abide by house rules and chock -out date and time. Owner may refuse services and Is not responsible for personal injury. property damage, or loss of valuables unless safekeeping procedures are followed. Pots are allowed,howover a $150 charge will be applied to your bill for undeclared pets or SMOKING In non-smoking rooms. 1 agroo that my liability for any charges Incurred by me or any party that Is with me Is not waived. The hotel Is not responsible for valuables not deposited In the safe. Signature; �' , J - Pleas= contact the Manager about and Issues with your stay. Days Inn or Affiliates may c*ooct you abort ponds and earAces unrest; you coil 877 - 212•2793 of write to Wyndham Worldwide Hotels, Inc. 1 sylvan Way, Parsippany, NJ 07064 to opt out. View our Days Inn wabalte about privacy. The Bost Value Under The Sun.. Days Inn Carlisle 101 Alexander Spring Rd Carlisle, PA 17015 Tel: (T1 7) 258 -4147 Fax: (T1 7) 258 -1207 www, Days lnnCarlisl e.com GUEST INFORMATION Michaol Tadry 1930 RT 300 Newburgh NY 12550 WYNDWAM REWARDS INFORMATION MEMBERSHIP ID Email Address MEMBERSHIP TYPE ...... RESERVATION INFORMATION Confirmation No. 62500697 Room Type: Non - smoking Queen Bed Room # 209 Arrival Dato: 08 -24-13 Rate Code: Arrival Rate: 50.00 USD Departure Date: 06 -29.13 Group: NYBITC Number of Nights: 5 Company: New York Bituminous Products G Guest Initials: Numbor of Guests: 1/0 SETTLEMENT INFORMATION Payment Method: Direct Bill If any of the above Information is incorrect or Incomplote, please use the section below, Name: Tolophono : Address City: State /Prov : Postal Code Country Email Address: Ucense Plate # : Make: Model: NOTICE. This facility Is independently owned and operated under licence from Days Inn. You agree personally to pay all charges Incurred during your stay In advance If requested. You apron to follow all posted procedures for safekeeping valuables, abide by house rules and chock -out date and time., owner may refuse services and Is not responsible for personal Injury, property damage, or toss of valuables unless safekeeping procedures are followed. Pots are allowed,howaver a $150 charge will be applied to your bill for undeclared pets or SMOKING in non-smoking rooms. I agree that my liability for any charges Incurred by me or any party that is with me Is not waived. The hotel is not responsible for valuables not deposited In the onto. Signature: P Contact the Manager about and issues with your stay. Days Inn or afflllates may contact you about goods and services unless you call WR -212 -2733 or write to Wyndham Worldwide Hotels, Inc.1 Sylvan Way, Parsippany, NJ 07054 to opt out. View our Days Inn webs8e about privacy. EXHIBIT "B" r: The Best Value UnderThe Sun_ ACCOUNTS RECEIVABLE STATEMENT Days Inn Carlisle 101 Alexander Spring Rd Carlisle, PA 17015 Tel: (717) 258 -4147 Fax: (717) 258 -1207 www.DayslnnCadisle.com Date: 02 -25 -14 New York Bituminous Products Corp. Judy A/R Account Number: 1297 Craigville Rd P.O. Box 577 Chester NY 10918 Amount Paid : $ Date Inv. No. Bill No. Description Debit Credit Balance 06 -05 -13 2422 47097 PELCZAR, MIKE 54.50 54.50 06 -29 -13 2458 47906 INGRAHAM,DONNIE 1,079.10 - 742.80 336.30 06 -29 -13 2459 47910 PETTY, CHARLES 354.25 354.25 06 -29 -13 2460 47911 Leo, Robert 1,079.10 1,079.10 06 -29 -13 2461 47926 FAUST, STACEY 1,079.10 1,079.10 07 -03 -13 2480 45803 CANDELERA / BELL, 3,622.30 3,622.30 CARLOS / DERRICK 07 -03 -13 2481 48160 LEO, ROBERT 54.50 54.50 07 -03 -13 2482 48162 JOHNSON / LIPPERT, 874.50 874.50 KEVIN / JOHN 07 -03 -13 2483 48163 Torres, Joe 2,149.95 2,149.95 07 -12 -13 2505 48600 PELCZAR, MIKE nybit 54.50 54.50 07 -17 -13 2522 48799 COOHILL, JOHN 539.55 539.55 07 -19 -13 2526 48866 Tadry, Michael 599.50 599.50 Page 1 of 2 lid The Best Value UnderThe Sun - ACCOUNTS RECEIVABLE STATEMENT Days Inn Carlisle 101 Alexander Spring Rd Carlisle, PA 17015 Tel: (717) 258 -4147 Fax: (717) 258 -1207 www.DaysinnCadisle.com New York Bituminous Products Corp. Date: 02 -25 -14 Judy A/R Account Number: 1297 Craigville Rd P.O.Box 577 Chester NY 10918 Amount Paid: $ Date Inv. No. Bill No. Description Debit Credit Balance 07 -19 -13 2528 48895 FAUST, STACEY 659.45 659.45 07 -20 -13 2529 48918 JOHNSON / LIPPERT, 699.60 699.60 KEVIN / JOHN 07 -20 -13 2530 48919 BELL, DEREK 719.40 719.40 07 -21 -13 2532 48974 PEREZ, ROBERT 757.90 757.90 07 -21 -13 2533 48976 Torres, Joe 757.90 757.90 07 -27 -13 2536 49273 FAUST, STACEY 299,75 299.75 08 -08 -13 2552 49273 FAUST, STACEY 719.40 719.40 08 -09 -13 2555 49764 LEO, ROBERT 1,792.50 1,792.50 08 -30 -13 2576 50553 LEO, ROBERT 1,046.40 1,046.40 08 -30 -13 2577 50554 NEELY, ADAM 4,598.00 4,598.00 08 -30 -13 2578 50555 ASKOY, MANNY 1,139.05 1,139.05 Balance Due 23,987.40 Aging Summary: Up to 30 31-60 61-90 91-120 121-150 151 and Over 0.00 0.00 0.00 0.00 0.00 23,987.40 Payments made close to your billing date will appear on your next statement. Overdue balances subject to a surcharge at the rate of 1.5% per month after one month. (19.56% per annum). Page 2 of 2 VERIFICATION I, Maureen Davis, Vice President ofQperations forNcH Kamal, Inc., d/b /a Days Inn Carlisle, acknowledge that I have the authority to execute this Verification on behalf of Neil Kamal, Inc., d/b /a Days Inn Carlisle, and certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint 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 unsworn falsification to authorities, which provides that if I knowingly make false averments,. I may be subject to criminal penalties. Neil . Kamal, Inc., d/b /a Days Inn Carlisle By: Maur en Davis, ' Vice of Operations �^. u' LLlffi1C�iew117wiSumyUcvUSxt .i.«mi.Wp4 FAFILES \Clients \14276 Neil Kemal Inc \I4276.2 \14276.2.atlidavit of service.wpd Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire 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 APR Ail 11: 142 CUM3ERLAi;::1 PENNSYLVANIA NEIL KAMAL, INC., d/b/a DAYS INN : IN THE COURT OF COMMON PLEAS OF CARLISLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 1825 CIVIL TERM NEW YORK BITUMINOUS PRODUCTS : CORPORATION, Defendant 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 Robert Maggard, President, New York Bituminous Products Corporation, 1297 Craigsville Road, P.O. Box 577, Chester, NY 10918, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office signed return receipt dated March 31, 2014, with attached receipt of costs in the amount of $12.45. Sworn to and subscEted before me this iti day of April, 2014. N a ublic MARTSON LAW OFFICES By /17 5 Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney 1.D. No.203046 Ten East High Street Carlisle, PA 17013 (717) 243-3341 N EAL111 OF PENNSYLVAN Notara Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County ExpIreSAU9. 18, 2015 MN OF NOTARIES r1 EP U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com D A L L S Postag • Certified Fee Rehm Receipt Fee ci (Endorsement Required) Restricted Delivery Fee (Endorsement Required) nJC:11 r9 tU nJ r1 N Total Postage & Fee A91 3 - 999 ct Postma Here 45 •/e3 214 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: COMPLETE THIS SECTION ON DELIVERY A. Signatur 0 Agent o Addressee B. Re et ed by ( PriAted Name) c. pm:sk,) D. Is delivery address differ nt from item very If YES, enter delivery address below: 0 es 0 No Service Type rtified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mali 0 C.O.D. P, 0, 15,L s CReatk),ivy 10 If 4. Restricted Delivery? (Extra Fee) 2. Article Number 7012 2210 0000 7795 4414 (Transfer from service labe0 04es PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W1540 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 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: Robert Maggard, President New York Bituminous Products Corporation 1297 Craigsville Road P.O. Box 577 Chester, NY 10918 MARTSON LAW OFFICES By Dated: M1y M. Price Ten East High Street Carlisle, PA 17013 (717) 243-3341 F:\FILES\Clients\14276 Neil Kamal Inc \14276.2\ 14276.2.pra.default.wpd Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FIL (IF HE PROTHONChA 20I/f tlAY -7 AN 9: 22 CUMBYYOTTO GILROY & FALLER PENNSYLVANIA NEIL NEIL KAMAL, INC., d/b/a DAYS INN CARLISLE, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2014 - 1825 CIVIL TERM NEW YORK BITUMINOUS PRODUCTS : CORPORATION, Defendant PRAECIPE TO THE PROTHONOTARY: Please enter default judgment in the above -captioned action in favor of Plaintiff and against Defendant, New York Bituminous Products Corporation in the amount of $23,987.40, plus interest at the rate of 6% per annum from the date that judgment is entered 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 New York Bituminous Products Corporation, on April 23, 2014, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. ,5--/7//,‘ MARTSON LAW OFFICES By:—€" ' J' Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 F:\FILES\Clients\14276 Neil Kamal Inc \14276.2\I4276.2.10daynotice.wpd Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire 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 NEIL KAMAL, INC., d/b/a DAYS INN : IN THE COURT OF COMMON PLEAS OF CARLISLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 1825 CIVIL TERM NEW YORK BITUMINOUS PRODUCTS CORPORATION, Defendant IMPORTANT NOTICE TO: New York Bituminous Products Robert Maggard, President 1297 Craigsville Road, P.O. Box 577 Chester, NY 10918 DATE OF NOTICE: April 23, 2014 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 OFFICES Hubert X. Gilroy, Esquire Attorney I.D. No. 29943 Seth T. Mosebey, Esquire Attorney I.D. No.203046 Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire 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 NEIL KAMAL, INC., d/b/a DAYS INN : IN THE COURT OF COMMON PLEAS OF CARLISLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 1825 CIVIL TERM NEW YORK BITUMINOUS PRODUCTS : CORPORATION, Defendant AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Seth T. Mosebey, 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 New York Bituminous Products Corporation is a business and not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is 1297 Craigsville Road, P.O. Box 577, Chester, NY 10918. Sworn to and subscribed before me this 7 day of May, 2014. Seth T. Mosebey, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Soro, Cumberland CountyCommission Expires Aug. 18, 2015 jq llt4tilgYINANTA ASSEiclATION 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: New York Bituminous Products Corporation Robert Maggard, President 1297 Craigsville Road P.O. Box 577 Chester, NY 10918 MARTSON LAW OFFICES By Dated: ,.5/7//' CD,,, M., ry►` . Price 10 East High Street Carlisle, PA 17013 Hubert X. Gilroy, Esquire I.D. No. 29943 Seth T. Mosebey, Esquire 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 NEIL KAMAL, INC., d/b/a DAYS INN : IN THE COURT OF COMMON PLEAS OF CARLISLE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 2014 - 1825 CIVIL TERM NEW YORK BITUMINOUS PRODUCTS : CORPORATION, Defendant TO: NEW YORK BITUMINOUS PRODUCTS CORPORATION NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 7 day of May, 2014, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $23,987.40, plus interest at the rate of 6% per annum from the date that judgment is entered for failure to file an Answer to Plaintiffs Complaint. Date: Pi 7 � Q1-61� 3t -A Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: New York Bituminous Products Corporation Robert Maggard, President 1297 Craigsville Road P.O. Box 577 Chester, NY 10918