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HomeMy WebLinkAbout14-2199 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland 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 pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T John's Mobile Repair Service, Inc. Cocolamus Creek Disposal Service, Inc. I Are money damages requested? D Yes ❑ No Dollar Amount Requested: Elwithin arbitration limits O (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJAppeal? El Yes 0 No A Name of Plaintiff /Appellant's Attorney: David H. Martineau ® 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 ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ® Debt Collection: Credit Card © Board of Assessment ❑ Motor Vehicle El Debt Collection: Other ® Board of Elections ® Nuisance Commercial Services Dept. of Transportation ® Premises Liability ® Statutory Appeal: Other S ❑ Product Liability (does not include E mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board T ❑ Other I ❑ Other: O :MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Other: ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Eminent Domain/Condemnation ® Declaratory Judgment Ground Rent Mandamus Landlord/Tenant Dispute Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto 0 Dental ❑ Partition ❑ Replevin © Legal ❑ Quiet Title ® Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 /1/2011 Salzmann Hughes, P.C. BY: David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite I I I P i'l 12: Carlisle, PA 17015 Telephone: (717) 249-6333 G -1 u ri Attomey for Plaintiff P E IN't S Y L V.1% t I I A E dmartineauAsalzmannhughes.com JOHN'S MOBILE REPAIR SERVICE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO: °�j� COCOLAMUS CREEK DISPOSAL SERVICE, INC., Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Cocolamus Creek Disposal Service, Inc. 31109 Pennsylvania Route 35 North McAlisterville, PA 17049 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone Nos. (717) 249-3166 (800) 990-9108 D 0 s- Ck Salzmann Hughes, P.C. BY: David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: (717) 249 -6333 Attorney for Plaintiff E -mail: dmartineau(@,salzmannhughes.com JOHN'S MOBILE REPAIR SERVICE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. COCOLAMUS CREEK DISPOSAL DOCKET NO: I j SERVICE, INC., Defendant COMPLAINT AND NOW comes the Plaintiff, JOHN'S MOBILE REPAIR SERVICE, INC., by and through its counsel, SALZMANN HUGHES, P.C., and files this Complaint and in support thereof avers the following: 1. Plaintiff, John's Mobile Repair Service, Inc. (hereinafter "John's Mobile "), is a Pennsylvania business corporation with its registered address at 1511 East Commerce Avenue, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Cocolamus Creek Disposal Service, Inc. is a Pennsylvania business corporation with its registered address in Juniata County at RR 1 Box 660, McAlisterville, Pennsylvania 17049. 3. Defendant maintains a place of business located at 31109 Pennsylvania Route 35, North, McAlisterville, Pennsylvania 17049. 4. Defendant operates a waste management business. 5. As part of its business, Defendant operates one or more trash trucks. 6. John's Mobile is in the business of, inter alia, providing recovery, repair, storage and related services to commercial trucks. 7. On or about October 7, 2013, Defendant's GMC Trash Truck, Serial No. 4V2JKBMD7PR820604 (the "Truck ") was involved in an accident. 8. The accident occurred in the vicinity of Colonel Denning State Park, in Cumberland County, Pennsylvania. 9. The Pennsylvania State Police, responding to Defendant's accident, requested that John's Mobile perform the recovery and storage of the Truck as set forth above on or about October 7, 2013. 10. John's Mobile did recover Defendant's Truck and cleaned up the area of the accident. 11. John's Mobile's fees and expenses for the recovery of Defendant's Truck and clean up of the accident scene are Eleven Thousand Six Hundred Eighty -Two and 29/100 Dollars ($11,682.29). A true and correct copy of an invoice to Defendant is attached hereto as Exhibit "A." 2 12. At all times since October 7, 2013, John's Mobile has provided Defendant with storage for the Truck at its facility at 1511 East Commerce Avenue, Carlisle, Cumberland County, Pennsylvania. 13. John's Mobile charges Forty Dollars per day ($40 / day) for storage of the Truck. 14. Storage fees for the Truck as of April 7, 2014 are Seven Thousand Two Hundred Eighty and 00 /100 Dollars ($7,280.00) and continue to accrue at the rate of Forty Dollars ($40) per day until all fees due to John's Mobile are paid and Defendant removes the Truck from John's Mobile's property. 15. John's Mobile's charges for the recovery of the Truck and area clean up are reasonable and within industry standards. 16. John's Mobile's charges for the storage of the Truck are reasonable and within industry standards. 17. One (1) payment has been made on Defendant's behalf in the amount of Three Thousand Five Hundred Eighty -Eight and 56/100 Dollars ($3,588.56). 18. As of April 7, 2014, the total amount due and owing from Defendant to John's Mobile is Fifteen Thousand Three Hundred Seventy -Three and 73/100 Dollars ($15,373.73). 19. Plaintiff has made demand upon Defendant for payment. 3 20. Defendant has failed to pay the full amount due to Plaintiff. 21. The accident, recovery of the Truck, accident scene clean up and storage of the Truck all occurred and/or are continuing to be carried out in Cumberland County, Pennsylvania. 22. Venue for this matter is proper in Cumberland County, Pennsylvania. COUNT BREACH OF CONTRACT 23. Paragraphs 1 through 22 are incorporated herein as if set forth in full. 24. John's Mobile and Defendant entered into an oral contract for the services set forth above. 25. John's Mobile fully performed its obligations by recovering the Truck, cleaning up the accident area and providing storage for the Truck. 26. Despite John's Mobile's demand for payment, Defendant has failed to pay John's Mobile the sum of Fifteen Thousand Three Hundred Seventy -Three and 73/100 Dollars ($15,373.73). 27. Defendant has breached its contract with John's Mobile by failing to pay for the services rendered by John's Mobile when due. 4 28. As a result of Defendant's breach of contract, John's Mobile has been damaged in the amount of Fifteen Thousand Three Hundred Seventy -Three and 73/100 Dollars ($15,373.73) plus additional storage fees accruing at the rate of Forty Dollars ($40) per day from April 7, 2014 until such time as said judgment is paid and Defendant's Truck is removed from Plaintiff's property. WHEREFORE, Plaintiff, John's Mobile Repair Service, Inc. prays this Honorable Court to enter judgment in its favor and against Defendant, Cocolamus Creek Disposal Service, Inc. in the amount of Fifteen Thousand Three Hundred Seventy -Three and 73/100 Dollars ($15,373.73) plus additional storage fees accruing at the rate of Forty Dollars ($40) per day from April 7, 2014 until such time as said judgment is paid and Defendant's Truck is removed from Plaintiffs property, plus reasonable attorney fees and costs of suit. COUNT II QUANTUM MERUIT 29. Paragraphs 1 through 28 are incorporated herein as if set forth in full. 30. John's Mobile conferred a benefit upon Defendant in the performance of recovery services, clean up, and storage of the Truck as set forth above. 31. Defendant accepted the benefit conferred upon it by John's Mobile. 32. The fair and reasonable value of the recovery and clean up services provided is Eleven Thousand Six Hundred Eighty -Two and 29/100 Dollars ($11,682.29). 5 33. The fair and reasonable value of the storage provided is Forty Dollars ($40) per day, totaling Seven Thousand Two Hundred Eighty and 00 /100 Dollars ($7,280.00) as of April 7, 2014. 34. Despite Plaintiffs reasonable demands, Defendant has failed to pay fully for the benefit conferred upon it and accepted by it. WHEREFORE, Plaintiff, John's Mobile Repair Service, Inc. prays this Honorable Court to enter judgment in its favor and against Defendant, Cocolamus Creek Disposal Service, Inc. in the amount of Fifteen Thousand Three Hundred Seventy -Three and 73/100 Dollars ($15,373.73) plus additional storage fees accruing at the rate of Forty Dollars ($40) per day from April 7, 2014 until such time as said judgment is paid and Defendant's Truck is removed from Plaintiff's property, plus reasonable attorney fees and costs of suit. COUNT III UNJUST ENRICHMENT 35. Paragraphs 1 through 34 are incorporated herein as if set forth in full. 36. As more fully set forth above, the recovery and storage services provided by John's Mobile to Defendant for which Defendant has not paid, has enriched Defendant in the amount of Fifteen Thousand Three Hundred Seventy -Three and 73/100 Dollars ($15,373.73) plus additional storage fees accruing at the rate of Forty Dollars ($40) per day from April 7, 2014 until such time as said judgment is paid and Defendant's Truck is removed from John's Mobile's property. 6 37. Such enrichment of Defendant would be unjust if Defendant were permitted to retain the benefit of John's Mobile's services without paying John's Mobile for the fair value of such services. WHEREFORE, Plaintiff, John's Mobile Repair Service, Inc. prays this Honorable Court to enter judgment in its favor and against Defendant, Cocolamus Creek Disposal Service, Inc. in the amount of Fifteen Thousand Three Hundred Seventy -Three and 73/100 Dollars ($15,373.73) plus additional storage fees accruing at the rate of Forty Dollars ($40) per day from April 7, 2014 until such time as said judgment is paid and Defendant's Truck is removed from Plaintiff's property, plus reasonable attorney fees and costs of suit. SALZMANN HUGHES, P.C. B David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249 -6333 Attorneys for Plaintiff Date: April 10, 2014 7 EXHIBIT "A" JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVE. CARLISLE, PA 17015 www.jmrsinc.com (717) 245 -0076 • FAX: (717) 245 -0648 Cust. P/ 0 # Invoice Number: 177282 Invoice Date: 10/7/2013 Page 1 of 2 Bill To: OT Vehicle No. 31 COCOLAMUS CREEK DISPOSAL Make: WHITE / GMC Phone: 717 - 463 -2381 31109 PENNSYLVANIA 35 Model: TRASH TRUCK License: ZDA7860 Mechanic: SL Year: 1993 MCALISTERVILLE PA 17049 Serial #: 4V2JKBMD7PR820604 Mileage: WORK PERFORMED /COMMENTS - RESPONDED TO PSP CALL FOR TRASH TRUCK ROLL OVER ON RT 233 AT COLONEL DENNING STATE PARK - FOUND UNIT WAS DESENDING THE MOUNTAIN AND ROLLED ONTO ITS RIGHT SIDE IN A CORNER, CAUSING SEVERE DAMAGE TO THE RIGHT SIDE OF VEHICLE - REAR DOOR OPENED ON IMPACT AND TRASH SPILLED ONTO ROADWAY - CONTAINED FUEL /OIL SPILL WITH FLOOR DRY AND POLUTION BOOM - USED SKID LOADER TO CLEAN UP TRASH AROUND UNIT - POSITIONED 50 TON WRECKER TO LIFT AND UPRIGHT UNIT - POSTIONED 35 TON WRECKER TO CATCH AND SUPPORT UNIT - UPRIGHTED UNIT - WINCHED UNIT TO REAR OF WRECKER AND ROTATED ON ROADWAY - FOUND RIGHT REAR TIRES AND HUB DAMAGED - CALLED JMRS SHOP FOR SERVICE TRUCK AND PARTS - INSTALLED 2 NEW /USED TIRES WITH ONE NEW RIM ON RIGHT REAR POSTION - PREPPED UNIT FOR TOW TO JMRS - USED SKID LOADER TO CLEAN ROADWAY OF ALL TRASH AND DEBRIS - TOWED UNIT TO JMRS - LANDFILL CHARGES FOR DISPOSAL OF TRASH TO BE BILLED DIRECTLY TO CUSTOMER - CLAIM # 1210034255 - STORAGE @ $40.00/ DAY STARTS 10/07113 THRU 01/3/2014 BREAKDOWN OF CHARGES - 1 50 TON WRECKER_6HRS@ $3501PER HR $ 2100.00 - 1 35 TON WRECKER_6HRS@ $ 250. /PER HR $ 1500.00 - TRUCK & FLAT BED TRAILER_6HRS@ $1101PER HR $ 660.00 - TRACK LOADER_6HRS@ $125. /PER HR $ 750.00 - RECOVERY SUPPORT UNIT_4HRS@ $ 225. /PER HR $ 900.00 - 1 SERVICE TRUCK _4HRS@ $ 100. /PER HR $ 400.00 - ROAD SERVICE MILES MILES@ $1.50 PER MILE $ 75.00 - MAN HRS ON SCENE MEN_6HRS EACH@ $ 951PER HR $ 3420.00 - LANDFILL TRUCKING CHARGES $ 279.76 * ** MY OPINION IS, IF INVOICE IS SPLIT IN HALF THAT WOULD BE A FAIR SEPERATION BETWEEN TOWING & CLEAN UP CHARGES * * ** JE FACTORY WARRANTY CONSTITUTES ALL OF THE WARRANTIES WITH RESPECT TO THE SALE OF THIS ITEWITEMS. THE SELLER REPLACED PARTS WILL BE DISCARDED UNLESS CHECKED HERE ❑ EREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF ERCHANTABILIIY OR FITNESS FOR A PARTICULAR PURPOSE ANDTHE SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER SAVE BY MY SIGNATURE I ACKNOWLEDGE RECEIPT OF THE VEHICLE E RSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH THE SALE OF THIS ITEM/1TEMS. AND AGREE THAT AFTER EXAMINING IT I FIND THE VEHICLE IN teraby authorize therepelr work herelnatler set lank to be done along wAh tha necessary matena and agree that you are not responsible SATISFACTORY CONDITION AND I AM SATISFIED WITH THE QUALITY OF r '. or damage to vehkle or ertbles left In vehicle b case of Ilre, theft or any other cause beyond your control or for eny delays caused r unavellabllittyy of pans or delays In pans shipments by the supplier or t ran sponer. I y rm you and/or ees your employ permission to WORK AND MATERIAL. )grate the vehk:le are descrbed on streets, highways or elsewhere for the purpose of hereb g testing a and/or Inspectbn. An express mechanic's in Is hereby aclmowfedged on above vehicle to secure the amount of repairs Hereto. CUSTOMER'S r SIGN HERE ACCEPTANCE JOHN'S MOBILE REPAIR SERVICE, INC. 1511 EAST COMMERCE AVE. CARLISLE, PA 17015 www.jmrsinc.com (717) 245 -0076 • FAX: (717) 245 -0648 Invoice Number: 177282 Invoice Date: 10/7/2013 Page 2 of 2 Part Number Part Description Quantity Price Amount FREINDSHIP HOSE FIRE COM CHARGES 1 $842.00 $842.00 TOWING 15 RECOVERY & CLEAN UP 1 $10,084.76 $10,084.76 USED TIRE 11 R22.5 2 $250.00 $500.00 22.5 DAYTON WHEEL DAYTON WHEEL 1 $168.57 $168.57 TR -572 VALVE STEM 2 $3.56 $7.12 FLOOR FLOOR DRY 6 $11.55 $69.30 STORAGE STORAGE OF VEHICLE ON LOT 166 $40.00 $6,640.00 Taxable Parts: $175.69 Taxable Labor: $0.00 Non Taxable Parts: $18,136.06 Non Taxable Labor: $0.00 Sub Total: $18,311.75 Sales Tax: $10.54 Tire Tax: $0.00 Total Due: $18,322.29 —35 ( , HE FACTORY WARRANTYCONSTRUTES ALL OF THE WARRANTIES WITH RESPECT TO THE SALE OF THIS TTEM/ITEMS.THE SELLER REPLACED PARTS WILL BE DISCARDED UNLESS CHECKED HERE C IEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF 1 ERCHANTABILITYORFITNESSFORAPARTICULARPURPOSEANDTHESELLERNERHERASSUMESNORAUTHORIZESANYOTHER SAVE BY MY SIGNATURE I ACKNOWLEDGE RECEIPT OF THE VEHICLE 'ERSON TO ASSUME FOR R ANY LIABILITY IN CONNECTION WITH THE SALE OF THIS ITEMnTEMS. AND AGREE THAT AFTER EXAMINING IT I FIND THE VEHICLE It hereby aulhorize the reppetr work hereinafter sal lonh to be done along with the necessary material and agree that you are not responsible SATISFACTORY CONDITION AND I AM SATISFIED WITH THE QUALITY OF >r bss or damage to vehicle or ankles left In vehicle In case of Ilre, than.,. ny other cause beyond your control or for any delays caused y unavallablllty of parts or deteys In pens shipments by the supplier or Irensponer. I hereby grant you and/or your employees perrnl= to WORK AND MATERIAL. perete the venkle herein descrbed on streets, highways or elsewhere for the purpose of eCt , and/or Inspection. An expre ss mechanic's m Is hereby acknowledged on above vehicle to secure the amount of repairs thereto. CUSTOMER'S ( SIGN HERE ACCEPTANCE VERIFICATION I, John A. Cunningham, Jr., President of John's Mobile Repair Service, Inc., Plaintiff in the attached Complaint, certify that I have read the statements made in this Complaint and that they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. JOHN'S MOBILE REPAIR SERVICE, INC. By: " a ohn A. Cunningham, Jr., President Date: April �, 2014 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND AND COU UNTY at Cirouto, FUE THE C _. -OF R-- '^. 2:°2 CUMBERLAND TY PENNSYLVANIA John's Mobile Repair Service, Inc. vs. Cocolamus Creek Disposal Service Case Number SHERIFF'S RETURN OF SERVICE 04/14/ 2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Cocolamus Creek Disposal Service, bu was unable to Iocate the Defendant in the Sheriffs bailiwick, The Sheriff therefore deputizes the Sheriff of Juniata, Pennsylvania to serve the within Complaint & Notice according to law. 04/15/2014 02:07 PM - The requested Complaint & Notice served by the Sheriff of Juniata County upon Linda Graybill, Clerk, who accepted for Cocolamus Creek Disposal Service, at 31109 Pennsylvania Route 35 North, McAlisterville, PA 17049. H. Thomas Lyter, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, April 22`2O14 RONNYR ANDERSON, SHERIFF (c) CountySuite Sheriff: Teleoseft, EXP: 05/09/2014 is/ Ronny R Anderson Sheriff Jody S Smith Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE SHERIFF Richard W Stewart Solicitor John's Mobile Repair Service, Inc. vs. Cocolamus Creek Disposal Service Case Number 2014 -2199 [Service Details: SERVICE COVER SHEET Category: !Civil Action - Complaint & Notice Manner: 5 Notes: re w 1- J U ( Serve To: i- re Name: 0 z Primary Address: w Phone: Alternate Address: z >- Phone: u) z Deputize Expires: 05/09/2014 Zone: Warrant: j Cocolamus Creek Disposal Service 31109 Pennsylvania Route 35 North McAlisterville, PA 17049 DOB: W [Attorney /Originator: a. c Name: [Final Service: Served: Personally (Adult In Charge] Posted Other Adult In Charge: Relation: Date: Deputy: 1 n6(.67-a i(/J • Time: Mileage: a:o/�� as nv.�e� Salzmann Hughes, PC M [—Service Attempts: / . Date: m Time: . Mileage: N Deputy: Phone: 717- 263 -2121 c• [Notes / Special Instructions: • . Sheriff Costs $35:81 Refund $84.19 o So ,/,..., it rs,, 1 w ,i, ff.:1-' d 4 A it..,- 0111 ' i - CC I./. T 2 : as..Ly.te.rl: ,ta.iff.- of...Juniata..Co co �N81fv,14 it 4, 2014 3 execute service of the documents herewith and make return thereof according to law. • Q �, 0 Return To: O ` Cumberland County Sheriffs Office me this I lo4tday of I, Sheri of Cumberland County, Pennsylvania do hereby deputize tile Sheriff e, JurtiataCountgtto /AN!A NOTARIAL SEAL MARY C. IMES ENNIST, Notary Puitc I `; t ; aro., Junta an Elp.tes Ju 26.15 o " One Courthouse Square Carlisle, PA 17013 4c1 CountySui,e Shc- -riff Te &eosoft. Inc Ronny R Anderson, Sheriff IEOEIVED DATE: ►1 NAME(S): TIME_ _ 10� W M\ d 9 F Zol w A1. TiTLE:_afeZ ADDRESS: WP. OR BORO TI M-E FEES. M I LE ti Ea � AFFIDAVIT °sX C v JOHN'S MOBILE REPAIR SERVICE, : 1N THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLWANEA -u - rn w rn �y, r= C 3> Plaintiff : v. : DOCKET NO: 2014-2199 COCOLAMUS CREEK DISPOSAL SERVICE, INC., Defendant : PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT 710. "1 N) CAD TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant, COCOLAMUS CREEK DISPOSAL SERVICE, INC., for failure to file an Answer to Plaintiff's Complaint within the required time after service thereof, and assess Plaintiff's damages as follows: As set forth in Complaint: Interest: Total: $17,246.79 $ 0.00 $17,246.79 Attached as Exhibit "A" is a copy of Plaintiff's written Notice in accordance with Rule 237.1, which I certify was mailed by certified mail, with return receipt to Defendant, Coclolamus Creek Disposal Service, Inc., at its principal place of business on May 6, 2014, which is at least 10 days prior to the filing of this Praecipe. SALZMANN HUGHES, P.C. By: Dated: May 19, 2014 David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorneys for Plaintiff /6 a. io/ ati27-73 3a6a.7 JOHN'S MOBILE REPAIR SERVICE, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : v. : DOCKET NO: 2014-2199 COCOLAMUS CREEK DISPOSAL SERVICE, INC., Defendant : CERTIFICATE OF MAILING OF NOTICE OF INTENT TO FILE DEFAULT JUDGMENT PURSUANT TO Pa.R.C.P. 237.1(a) I HEREBY CERTIFY that I mailed a true and correct copy of the attached Notice of Intent to File Default Judgment pursuant to Pa.R.C.P. 237.1(a) upon the Defendant by placing the same in the United States Mail, Certified Mail with Return Receipt Requested, a copy of which receipt is also attached hereto, postage pre -paid, at Carlisle, Pennsylvania on the 6th day of May 2014, addressed as follows: Date: May 19, 2014 Cocolamus Creek Disposal Service, Inc. 31109 Pennsylvania Route 35 North McAlisterville, PA 17049 SALZMANN HUGHES, P.C. By: %!__--�� David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Attorney for Plaintiffs SALZMANN LJUGHES , P.C. Attorneys at Law EXPERIENCE • INTEGRITY • INNOVATION 79 St. Paul Drive • Chambersburg, PA • 17201 • (717) 263-2121 • Fax: (717) 263-0663 354 Alexander Spring Road • Suite 1 • Carlisle, PA • 17015 • (717) 249-6333 • Fax: (717) 249-7334 239 B E. Main St. • Waynesboro, PA • 17268 • (717) 762-3170 • Fax: (717) 762-0988 105 N. Front St. • Suite 205 • Harrisburg, PA • 17101 • (717) 234-6700 • Fax: (717) 249-7334 139 Carlisle St • Gettysburg, PA • 17325 - (717) 420-5390 • Fax: (717) 263-0663 *Please reply to Carlisle Office May 6, 2014 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED (7012 2210 0002 3060 9915) and REGULAR U.S. MAIL Cocolamus Creek Disposal Service, Inc. 31109 Pennsylvania Route 35 North McAlisterville, PA 17049 Re: John's Mobile Repair Service, Inc. v. Cocolamus Creek Disposal Service, Inc. Cumberland County Docket No. 2014-2199 To Cocolamus Creek Disposal Service, Inc.: Enclosed for service, please find an Important Notice regarding the legal action that has been filed against you. As set forth in the notice, if you do not take action, a default judgment will be entered against you. You should take this notice and the Complaint that was served upon you on April 15, 2014 to your attorney without delay. Very truly yours, David H. Martineau, Esq. cc: John's Mobile Repair Service, Inc. Concertrahng_iu�nvir,�nm #a jand� se; NIi161cipa* *itEstate sittitibteMstitteRjaRmarid dmi iistraho` and General C:'rvltLlrJga on ATTORNEYS G. Bryan Salzmann, Esq. James D. Hughes, Esq. Adam R. Schellhase, Esq. Scott T. Wyland, Esq. Kurt E. Williams, Esq. Samuel E. Wiser, Esq. Roger B. Irwin, Esq. Thomas J. Finucane, Esq. Eileen C. Finucane, Esq. Stephen E. Patterson, Esq. Nancy H. Meyers, Esq. Patricia R. Brown, Esq. Laura Rebecca Ables, Esq. George F. Douglas, III, Esq. Ann F. DePaulis, Esq. vv; A William W. Thompson, Esq. Rebecca R. Hughes, Esq. David H. Martineau, Esq. E. Lee Stinnett II, Esq. Eric K. Grugel, Esq. 1 11 1._G71 S -CT \ Jason E. Kelso, Esq. Melissa L. Kelso, Esq. Garret J. Brouwer, Esq. Isaac P. Wakefield, Esq. Stephen T. Coccorese, Esq. JOHN'S MOBILE REPAIR SERVICE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : DOCKET NO: 2014-2199 COCOLAMUS CREEK DISPOSAL SERVICE, INC., Defendant : JURY TRIAL DEMANDED TO: Cocolamus Creek Disposal Service, Inc., Defendant 31109 Pennsylvania Route 35 North McAlisterville, PA 17049 DATE: May 6, 2014 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 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 32 South Bedford Street Carlisle, PA 17013 Telephone Nos. (717) 249-3166 (800) 990-9108 SALZMANN HUGHES, P.C. By: David H. Martineau, Esquire Attorney I.D. No. 84127 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Attorneys for Plaintiff SENDE CKOMP 3060 9915 ru D D D a ru ru ru rq D N FordeUver Iinf* Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees z z piton.; stt ourwebsite,;at tivuvw usps,cd�iri®�' ,yy 3.30 D .p $ ro.Ltc7 �JQ CO Sent To Caeola'eu4 C,eed(- Dinosai 6etj ex -6 c 1109 gttnthicolick.itouVe W/J cid, hs vll ?fl 1101, virttK"38 0 lug `s 2o0&everse' fittig i dro—r Street, Apt. No.; or PO Box No. City, State, ZIP+4 410 ,S -SECTIO! yt;+, Y•�� r"�i'i'�- '.+% z; CPSE OWDEERY Complete items 1, 2, and 3..AIso 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. la Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Sign lure X bC01amV5 CreL DispoSa( Sep),Iv►C 31 t 09 Pptnn931hn ctie 35-14a ch1i4JiIle , PPi t104i9 B. Received by Winted.Name) 0 Agent ❑Addressee C. Date of Delivery Sri -1y D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No . Service Type ❑ Certified Mail• ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service lai 7212 2210 0002 3262 9915 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 CERTIFICATE OF SERVICE I, David H. Martineau, hereby certify that on the 19th day of May 2014, I served a true and correct copy of the attached Praecipe for Entry of Default Judgment upon the Defendant by placing the same in the United States Mail, first class mail, postage pre -paid, at Carlisle, Pennsylvania, addressed as follows: Cocolamus Creek Disposal Service, Inc. 31109 Pennsylvania Route 35 North McAlisterville, PA 17049 David H. Martineau Attorney for Plaintiff JOHN'S MOBILE REPAIR SERVICE, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : DOCKET NO: 2014-2199 COCOLAMUS CREEK DISPOSAL SERVICE, INC., Defendant : RULE 236 NOTICE TO: Cocolamus Creek Disposal Service, Inc. 31109 Pennsylvania Route 35 North McAlisterville, PA 17049 You are hereby notified that on May 19, 2014, the following (Order) (Degree) (Judgment) has been entered against you in the above captioned case in the amount of $17,053.73, plus costs for a total of $17,246.7`9. DATE: S •��.% 7 '� Prothonotary A: Defendido/a (Defendidos/as) Por este medio se le esta notificando que el del de , el/la siguiente (Orden) (Decreto) (Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. JUDGMENT IN THE AMOUNT OF $17,246.79. FECHA: Prothonotario