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HomeMy WebLinkAbout14-2069 Supreme Cout o Te %' 1P nnsylvania A tr Il f.' a � CourmM For Prothonotary Use Only: I� +. yam'- :�.::,-r' ��I,• l'r., C�v> E GiverlSheet w; rt Docket No: .S ; CUMBERLAN[ County The information collected on this form is used solely court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by lain or rules of court. Commencement of Action: S [x] Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction iJr Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T iDrive Interative, LLC Choice Home Warranty Are money damages requested? [x Yes No ix, Dollar Amount Requested: within arbitration limits I • (check one) Doutside arbitration limits N Is this a Class Action Suit? =] Yes 0 No Is this an MDJAppeal? 0 Yes El No A Name of Plaintiff /Appellant's Attorney: Loren L. Speziale, Esquire 0 Check here if you have no attorney (are a Self- Represented [Pro 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 El Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle Debt Collection: Other Board of Elections Nuisance Breach of Contract Dept. of Transportation 0 Premises Liability Statutory Appeal: Other S 0 Product Liability (foes not include E mass tort) El Employment Dispute: Slander /Libel/ Defamation Discrimination El C 0 Other: Employment Dispute: Other El Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N r>> Tobacco 0 Toxic Tort - DES =+ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste E l Ejectment 0 Common Law /Statutory Arbitration B E] Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord /Tenant Dispute 0 Non- Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin CI Legal 0 Quiet Title ! -€ Other: 0 Medical Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW iDRIVE INTERACTIVE, LLC ) r Plaintiff ) NO vs. ) CHOICE HOME WARRANTY ) cl a/k /a CHW GROUP, INC. ) c) Z� Defendant ) X7, rr' NOTICE TO DEFEND - fit YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST F, CLAIMS SET'FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TW-EI-Y (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING X" ATRITTEN 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 PLAINTIFF. 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 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 By: ore p Speziale, qui At orney for Pla' tiff I.D. No. 306387' ��,� 6103,'15�� a►!} C �� usc�RS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW iDRIVE INTERACTIVE, LLC ) Plaintiff ) NO. vs. ) CHOICE HOME WARRANTY ) a/k /a CHW GROUP, INC. ) Defendant ) COMPLAINT AND NOW, comes the plaintiff, iDrive Interactive, LLC, by and through its attorneys, Gross McGinley, LLP and Loren L. Speziale, Esquire, and avers a cause of action of which the following is a statement: 1. Plaintiff, iDrive Interactive, LLC, is a Pennsylvania limited liability company with a principal office located at 3909 Hartzdale Drive, Suite 907, Camp Hill, PA 17011 ( "Plaintiff'). 2. Upon information and belief, defendant, Choice Home Warranty a /k /a CHW Group, Inc. is a New Jersey corporation, with its principal place of business located at 1090 King Georges Post Road, Edison, NJ 08837 ( "Defendant "). 3. In or around October 8, 2013, Defendant executed and delivered to Plaintiff an iDrive Interactive, LLC /Choice Home Warranty Insertion Order and Advertiser Insertion Order /Exhibit A, under which Plaintiff agreed to provide advertising services to Defendant through an externally hosted offer that accepts Email, Banner, Search and Link Placement (the "Advertising Services "). 4. A true and correct copy of the iDrive Interactive, LLC /Choice Home Warranty Insertion Order and Advertiser Insertion Order /Exhibit A executed by Defendant on October 8, 2013 (the "Agreement ") is attached hereto as Exhibit "A" and is incorporated herein by reference. 5. Pursuant to the terms of the Agreement, Defendant agreed to pay Plaintiff for Advertising Services at a rate of twenty-five dollars ($25.00) per unit. 6. Subsequent to entering into the Agreement, Plaintiff performed Advertising I Services on behalf of Defendant. 7. In connection with these Advertising Services, Plaintiff sent semi invoices to Defendant in connection with the services performed pursuant to the terms of the Agreement. 8. There is currently a balance due and owing to Plaintiff from Defendant in the amount of Twenty Four Thousand Four Hundred Fifty Dollars ($24,450.00). 9. True and correct copies of the Invoices reflecting the outstanding balances due and owing are attached hereto as Exhibit "B" and are incorporated herein by reference., 10. Defendant has obtained and benefited from the Advertising Services, but has failed, refused and neglected to make required payments and owes Plaintiff the balance due and owing for the Advertising Services. COUNT 1 OF CONTRACT 11. Plaintiff incorporates by reference the allegations in paragraphs 1 through 10 of this Complaint as though the same were set forth herein at length. 12. In October 2013, Defendant entered into the Agreement with Plaintiff for Advertising Services. 13. Plaintiff performed the Advertising Services on behalf of Defendant and thereafter, sent Defendant semi invoices relating to said services. 14. Despite reasonable demands by Plaintiff, Defendant has failed, refused and neglected to pay all amounts due and owing for the Advertising Services. 15. As a result of Defendant's breach, the total amount due and owing to Plaintiff for the Advertising Services Twenty Four Thousand Four Hundred Fifty Dollars ($24,450.00) as of March 2, 2014, along with per diem interest of One Dollar ($1.00), reasonable attorneys' fees in the amount of $2,000.00 and other collection costs incurred in this matter as provided in the Agreement. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant Choice Home Warranty a /k/a CHW Group, Inc., in the principal amount of $24,450.00 plus accruing interest of $1.00 per diem from March 2, 2014 until judgment (and legal interest thereafter), reasonable attorney's fees of $2,000.00 and costs as authorized in the Agreement. COUNT II- QUANTUM MERUIT/UNJUST ENRICHMENT 16. Plaintiff incorporates by reference the allegations in paragraphs 1 through 15 of this Complaint as though the same were set forth herein at length. 17. Defendant, at its request and insistence, obtained the benefit and use of the Advertising Services from Plaintiff. 18. Despite receiving the Advertising Services from Plaintiff and using them tb its benefit, Defendant has failed refused and neglected to pay the amounts due and owing for the Advertising Services. 19. Defendant received, accepted and retained the Advertising Services from Plaintiff knowing that it had agree to compensate Plaintiff for said services, and knowing that Plaintiff was entitled to be paid according to the Agreement. 20. Defendant was unjustly enriched by virtue of its willing acceptance of the benefits conferred upon it by Plaintiff and its non payment, despite the performance expected by Plaintiff. 21. Given Defendant's conduct and /or representations to Plaintiff, it would be inequitable for Defendant to retain the benefits conferred upon it by Plaintiff without paying Plaintiff and complying with its obligations under the Agreement. 22. The fair market value of the benefit conferred upon Defendant totals $24,450.00. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant Choice Home Warranty a /k /a CHW Group, Inc., in the principal amount of $24,450.00 plus accruing interest of $1.00 per diem from March 2, 2014 until judgment, along with attorneys' fees, costs and expenses of this proceeding. GROSS MCGINLE LL sy zial L ren . Spee, Es re At y for Plaintif I.D. No. 306387 101 Larry Holmes Drive, Suite 202 Easton, PA 18042 Telephone: (610) 820 Facsimile: (610)820-6006 VERIFICATION I, HOPE WAGNER, state that I am the Chief Financial Officer for iDrive Interactive, LLC, Plaintiff in the within action, and as such, I am authorized to make this Verification on behalf of the said Plaintiff iDrive Interactive, LLC, and verify that the statements made in the within Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. H e Wagner Dated: - EXHIBIT "A" °!'1, - 'v e iDrive Interactive, LLC/ Choice Home Warranty Insertion Order Date. FOltlf�fit3 Advertiser Contact Information Publisher Contact Information_ Advertiser: Choice Horne Warranty Publisher; iDrive Interactive, LLC Contact:. Victor Mandalawi Contact: Josh Bender 1090 Icing Georges Post Road Address: 3909 Hartzdale Drive, Suite 907 Address: Edison, NJ 08837 Camp Dill, Pa 17011 Phone: 732.379.5301 Phone: 7l 7.695.0056 Fax: Fax: 717.695.9781 Email: victor (achoicchoniewan - anty,com Entail: joshc iDriyehiteractive -cotrt PLACEMENT INFOR.MAT'ION: Campaign Name Choice Home Warranty Placements/l'rort,otion Externally I losted offer that accepts Email, Banner, Search, and Link placement. Methods Unit Description Offer converts on 1` page lead submit Targeting; US only Other display criteria Nonc Start Date 10.181?013 End Date Open Price per Unit $23 Order Quantity Opear Total Spemd Based on Delivery Tracking, i Pixel tracked Billing Notes To be determined via credit check by iDrive Interactive Additional Comments TERMS! AND CONDITIONS; This inser. iun order (the "Insertion Order" ), together with Exhibit A attached and incorporated herein, {collectively, the "AgrcemenO constitutes the entire tmdarstanding of the parties with respect to its subject matter and supersedes all prior understandings and agreements, whether oral or written, retarding this matter. Any changes, modifications, revisions, supplements or waivers to this Agreement must be in writing and signed by an authorized representative of both parties. Advertiser hereby grants to iDrive Interactive a non - exclusive royalty -free license to use the Advertiser's intellectual propern', including without limitation trademarks, service marks anti copyrights, throughout the world pursuant to the Agreement Special onditions: e.g., ownership of data, in context of lead generation. 't i ACCEPTED AND AGRL ED TO BY: ADVERTISER: ISER: Mrive -Inn, ctive, L Company: Choice Home Watran Signature: l Signature: '"�, r Title: President i Title: Date: l 0 A11 .3 Date: -1.. _......._... ..__._......... Advertiser Insertion Order/Exhibit A 1. Creative: Advertiser will provide iDrive Interactive with the creative materials for the advertisements ("Ails ") and/or campaigns, including product/service descriptions, graphic images, logos, and copy (the "Copy "), pit least five (5) days prior to the posting or such Ads and/or campaigns. 2, 13 iffing/Tracking: It,is agreed that the pricing for the specific campaign shall be pursuant to the Insertion Order (the "Insertion Order"), attached and incorporated herein by reference. All numbers used for the purpose of billing will be based on (Drive Interactive's stats tracking system. Complete information, including a spreadsheet, on all billing disputes or suspected fraudulent activity on a particular program must be provided to iDrive Interactive within the Fust Ia days of file month which follows the month the fraud or lead discrepancy took place. iDrive Interactive will submit invoices to Advertiser based on the payment terms agreed upon and fisted above. Advertiser is expected and required to see that payment is received by iDrive interactive within these provided payment terms. iDrive Interactive reserves the right to charge interest at the rate of 1.5% per month or the maximum allowed by law on sums overdue. Advertiser small be responsible and liable for all costs, expenses and reasonable attorney's fees (in no event less than $500) incurred iDrive Interactive for the specific eiiforcer=4 interpretation or collection of money in connection with the performance and/or satisfaction ofthis Insertion Order. 3, Ownership of Data: Unless othewise provided in the Insertion Order, Advertiser will retain the sole and exclusive right to use all data delivered to Advertiser from the campaign, provided that iDrive Interactive may use and disclose the visitors data (other than personally idcntifiabie information) derived from Advertiser's campaign only For (1) iDrive Interactive reporting purposes consisting of compilation of aggregated statistics about its services (e.g., the agavegate number of messages delivered) that may be provided to customers, potential customers and the general public, and (2) if required by court order, law or governnxent Adv ertiser*. 4. Suppression Lists: Advertiser is required to provide iDrive interactive with a suppression list of opt -outs. and any relevant updated thereto and wil I unsubscribe from its database any email addresses returned to Advertiser (each a "List ") no moee than FoMt eight (48) hours after receiving such transinission From iDrive or a third party user. iDrive Interactive is not liable for any result or consequence arising out of (a) Advertiser's failure to titnely provide iDrive Interactive with a Suppression List; (b) any Suppression List provided by Advertiser that is in ally way inaccurate or incomplete; (c) any Publisher's failure to scrub its database against [lie Suppression List provided by Advertiser; and/or (d) any violations of Advertiser's privacy policy in iDrive Interactive delivery of the Suppression List to Publishers. 5. Relationship of thLe Parties and TermlCanceflation: The parties have agreed to work together as independent contractors. This Agreement shall commence on the first day it is signed by both parties (fax/scpnned signatures are acceptable) and shall run as provided in the Insertion Order. Unless otherwise agreed herein, either party may cancel with notice of seven (7) business days. 6. l:tepresentations and Warranties: Each party represents and warrants that (i) such party has all of the requisite right, title and authority to enter into this Agrreement, to grant the rights and to perform the acts required of it hereunder; and (ii) the entry into the Agreement and performance hereunder do not and will not violate any agreement of such party or by which isuch patty is bound. Further, it is agreed that Advertiser is responsible for the accuracy, completeness and ownershi of any and all information provided to iDrive Interactive and similarly, that Advertiser will be responsible for ensuring th respect e acquisition of all required consents in reect of the use of all such information, including, without limitation, all intellectual property contained in these materials. Advertiser represents and warrants that any information provided to iDDrive Interactive, or action taken pursuant to this Agreement will not: (i) infringe on anythird party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, or rights to privacy or publicity; (ii) violate any applicable law, statute, ordinance or regulation; or (iii) be defamatory, derogatory or libelous. 7. Indemnification: Advertiser agrees to indemnify, defend and hold harmless Drive Interactive, LLC, its parent', subsidiaries, affiliates, licensees, assignees and successors, and the officers, directors, agents and employees of each, from and against any and all claims, liabilities, damages or expenses, including reasonable attorneys' fees, in connection Keith any breach of such party's representations and ti %unties hereunder. S. LIMITATION OF LiA$ILITY: INNO F.vFNT SHALLFITHFI2 PARTY 131: LIABLE FOR ANY IASTPROFITS, LOST Rf VENUI -S`OR FOR ANY INQDIRI?CT. iNC1DEN"TAI., CONSEQUENTIAL, SPECIAL OR L'XEMPLARY DAMAGES AR1SIXG OUT Or OR RFLATF.D TO THIS AGRF.I MPJT, EVEN I r S11-I DAMAGES ARE FORLSI EMiLE AND WHIiTOUR OR NOT THE OTHER PARTY HAS 81-.FN ADVISED Or THk POS92BIt.TIY OF SUCH DAmAGLS. IN NO EVENT SHALL IDRIvE INTERACTIVE'S LIABILITY MRFUNDFR F.xfFL'D THE PAYA4I:NTS MADE BY ADVERTISHR - 1 . 0 I km-' INTE-RACTivr. rOR T1 IE SERV ICES PROvmrm PURSUANT TO THE AGRLEMEW. 91 FORCE MAJURE: iDrive Interactive shall be excused from performance of services contemplated by this Agreetneni when prevented from doing so by a cause or causes beyond Drive Interactive's control which shall include,. - Mthout limitation, all weadier, labor disputes, riots, civil commotion, war, war -like operations, invasion, rebellion, hostilities, military or usurped power, sabotage, acts of terrorism, emergency, equipment or facility shortage, relocation, governmental regulations or controls, fire or other casualty, inability to obtain any material, services or financing or through acts of Go. or any other causes beyond its reasonable control ("Force Majure"). 'ID. GOVERNING LAW: 1 1 his Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and any dispute regarding the terms of this Contract shall be beard exclusively by the Court of Common Pleas of Cumberland County, Pennsylvania EXHIBIT "B" i®rlue Interactive, LLC Orive Interactive, Li_C invoice 3909 Hartzdale Drive, Suite 907 Camp Hill, PA 17011 . (717)695 - 4115 01/31/2014 5708 accounting @idriveinteractive.com , • , , http : / /www.idriveinteractive.com Semi- Monthly NE- 02/28/2014 t Accounts Payable Choice Home Warranty Edison Ki 9 08837 USA Rd. Edison NJ $9,525.00. Y; :tiso:ictach tep }x+nit+r � � rcua•t� i;iitt 4'i�tr � +:,rm�ttf. i don Note t waiting for legal action! JC$ Date t t 01/31/2014 JAN 16 -31 MARKETING LEADS 1 9,525.00 9,525.00 i f T otal • 11 I®rIve Interactive, Llc Drive Interactive, LLC Invoice 3909 Hartzdale Drive, Suite 907 Camp Hill, PA 17011 (717)695 - 4115 02/15/2014 5855 accounting @idriveinteractive.com nwoa http : / /www.idriveinteractive.com .Semi- Monthly Ne; 03/02/2014 Accounts Payable Choice Home Warranty 1090 King Geor Post Rd. Edison, NJ 08837 USA i� $13,400.00 X t aac &Azw h u,p ptation ;and return ifli . your pit" n: nt. i JCB 02/15/2014 2/1 -2/15 MARKETING LEADS 1 13,400.00' 13,400.00 Total i 11 11 i®rive Interactive, LLC Drive Interactive, LLC Invoice 3909 Hartzdale Drive, Suite 907 Camp Hill, PA 17011 , , (717 )695 -4115 02/20/2014 5871 accounting @idriveinteractive.com T erfns a u e Date http://www-idriveinteractive.com (Semi- Monthly Nei 03/07/2014 Accounts Payable Choice Nome warranty 1090 King Georges Post Rd. Edison, NJ 08837 USA t t t i $1,525.00 Ptc sc kw (f f) poninn i:nd rc.ttrn v itlt 5 r In,, t JCB I Date t Quantity tt 02/20/2014 02/16 - 02/19 Choice Home warranty Paused 1 1,525.00. 1,525.00 Total i I ' I i 00 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW 1DRIVE INTERACTIVE, LLC ) ` Plaintiff ) NO. VS. ) CHOICE HOME WARRANTY ) a /k /a CHW GROUP, INC. Defendant ) t- 0 PRAECIPE FOR ENTRY OF APPEARANCE QP ..-:.. TO: PROTHONOTARY - CIVIL DIVISION: Kindly enter my appearance on behalf of iDrive Interactive, LLC in the above referenced matter. Gross McGinley LP Date (Lorfn L. Speziale, squ' e orney for Plai tiff I.D. No. 306387 101 Larry Holmes Drive, Suite 202 Easton, PA 18042 Telephone: (610) 820 Facsimile: (610)820-6006 Plaintiff 'DRIVE INTERACTIVE, LLC Defendar~it CHOICE HOME WARRANTY A/K/A CHW GROUP, INC. vs Person to be served: CHOICE HOME WARRANTY A/K/A CHW GROUP, INC. Address: 1090 KING GEORGES POST RD EDISON NJ 08837 Attorney: GROSS MCGINLEY, LLP 33 SOUTH SEVENTH STREET P.O. BOX 4060 ALLENTOWN PA 18105 Papers Served: NOTICE TO DEFEND, COMPLAINT Service Data: Served Successfully J Not Served Date: Delivered a copy to him /her personally Left a copy with a competent household member over 14 years of age residing therein at place of abode. Left a copy with a person authorized to accept service, e.g. managing agent, registered agent, etc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA DOCKET NO. 14- 2069 -CIVIL AFFIDAVIT OF SERVICE (for use by Private Service) Cost of Service pursuant to R4:4 -30 lullu'uu" Time: (� D ©e'^ Attempts: Name of Person Served and relationship /title ro-ti 011‘ ec_ MANAGING AGENT Description of Person Accepting Service: Age: 0 Height: .` r Weight: t t:I—J Hair: � Sex: �L.) Non - Served: ( ) Defendant is unknown at the address furnished by the attorney ( ) All reasonable inquiries suggest defendant moved to an undetermined address ( ) No such street in municipality ( ) No response on: Date Date Date Time Time Time Race: -v �t7 N W ( ) Other: Comments or Remarks Subscribed and Sworn to me this 5 day of \#-- Note! MAR' ALA A. l✓QLL(NS NOTARY PUBLIC OF NEW JERSEY My Commission Expires Aug, 31, 2016 I, LEONARD DE PIANO v , was at time of service a competent adult not having a direct interest in the litigation. I declare under penalty of perjury that the foregoing is true and correct. Signature of Process Server Dale DGR - THE SOURCE FOR LEGAL SUPPORT 1359 Littleton Road, Morris Plains, NJ 07950 -3000 (973) 403 -1700 Fax (973) 403 -9222 4 -LS- (4• Work Order No. 021830 File No. IDRIVE VS. CHOICE HOf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW iDRIVE INTERACTIVE, LLC Plaintiff v. CHOICE HOME WARRANTY a/k/a CHW GROUP, INC. Defendants No: 14 -2069 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff and against the Defendant, Choice Home Warranty, a/k/a CHW Group, Inc., for want of failure to file a responsive pleading to Plaintiff's Complaint. A true and correct copy of the 10 day default Notice mailed on May 8, 2014 is attached hereto and incorporated herein. (X) Assess damages as follows: Debt Interest from 3/3/2014 to 5/22/14 @$1.00 Attorney's Commission Costs TOTAL $24,450.00 $ 79.00 $ 2,000.00 $ 120.25 $26,649.25 ( X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. (X) Pursuant to Pa. R.C.P. 237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of record. (X) Pursuant to Pa. R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of filing of this praecipe and a copy of the notice is attache Date: May 22, 2014 NOW, 'UcL,$\ Signature: Print Nam Attorney fo : mtiff Address: 101 Larry Holmes Easton, PA 18042 Telephone: (610) 820 -5450 Supreme Court ID No: 306387 , 2014, JUDO NT I NTE, D AS _Prothonotary notarY by: to 202 .,N'}-ice, sustiO c��. u St-i1/4A S ivil Division Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW iDRIVE INTERACTIVE, LLC Plaintiff v. CHOICE HOME WARRANTY a/k/a CHW GROUP, INC. Defendants TO: Choice Home Warranty a /k/a CHW Group, Inc. 1090 King Georges Post Road Edison, NJ 08837 DATE OF NOTICE: May 9, 2014 No: 14 -2069 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 NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 00618325. DOCX CUMBERLAND COUNTY BAR ASSOCIATION LEGAL REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 PHONE: (717) 249 -3166 LO N L. ' E LE, ESQUIRE ID No: 30•' :7 Attorney for Plaintiff 101 Larry Holmes Drive, Suite 202 Easton, PA 18042 Phone: (610) 258 -1506 Fax: (610) 258 -0701 ADDRESS CERTIFICATION I hereby certify that the precise address of the Plaintiff is iDrive Interactive, LLC is 3909 Hartzdale Drive, Suite 907, Camp Hill, Pennsylvania 17011. The last known address of the Defendant, Choice Home Warranty, a/k/a CHW Group, Inc., is 1090 King Georges Post Road, Edison, New Jersey 08837. BY: 00621045.DOCX GROSS GINLEY, LLP L. SPEZI UIRE A . ey for Plain 101 Larry Holme Easton, PA 18042 (610) 820 -5450 I.D. #306387 ite 202 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW iDRIVE INTERACTIVE, LLC Plaintiff v. CHOICE HOME WARRANTY a/k/a CHW GROUP, INC. Defendants No: 14 -2069 NOTICE OF FILING JUDGMENT (X) Notice is hereby given that a Default Judgment in the above - captioned matter has been entered against you, Choice Home Warranty, a/k/a CHW Group, Inc. in the amount of $26,649.25 plus interest from May 23, 2014 plus costs on 1 W 0)q1. t)viq (X) A copy of all documents filed with the Prothonotary in support of the within judgment is /are enclosed. Prothonotaryy`/Clerk ;'Civil Di • ion „Ai./ BY: If you have any questions regarding this NOTICE, please contact the filing party: Name: LOREN L. SPEZIALE, ESQUIRE GROSS McGINLEY, LLP 101 Larry Holmes Drive, Suite 202 Easton, PA 18042 (610) 820 -5450 (610) 820 -6006 fax I.D. # 306387 (This Notice is given in accordance with Pa. R.C.P. 236)