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HomeMy WebLinkAbout14-2499 Supreme Coui of Cour�t,o ,,Comroo Pleas For Prothonotary Use Only: C1V11 Cover,Sheet Docket No: Cu (n County 1y- z y� f e)V 1� The information collected on this form is used solely for 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 ❑ Complaint D Writ of Summons D Petition Q Transfer fro E m Another Jurisdiction D Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T Josh Trindel and Blue Trindel d /b /a Trindel Bros. Landsci5l Alkyha Defense and Logistics, Inc. I Are money damages requested? M Yes D No Dollar Amount Requested: Elwithin arbitration limits O (check one) Dx outside arbitration limits N Is this a Class Action Suit? D Yes El No Is this an MDJAppeal? D Yes [@ No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices D Check here if you have no attorney (are a Self - Represented IPro Sel 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 D Intentional ( Buyer Plaintiff Administrative Agencies D Malicious Prosecution ( Debt Collection: Credit Card D Board of Assessment (] Motor Vehicle Debt Collection: Other D Board of Elections Nuisance Unpaid invoices D Dept. of Transportation Q Premises Liability El Statutory Appeal: Other S Q Product Liability (does not include E mass tort) D Employment Dispute: Slander/Libel/ Defamation Discrimination C D Other: Employment Dispute: Other Zoning Board T D Other: I D Other: O MASS TORT D Asbestos N D Tobacco D Toxic Tort - DES D Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste D Other: D Ejectment El Common Law /Statutory Arbitration B D Eminent Domain /Condemnation D Declaratory Judgment D Ground Rent Mandamus D Landlord/Tenant Dispute _: Non - Domestic Relations D Mortgage Foreclosure: Residential Restraining Order PROFESS] ONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto Dental Q Partition D � Replevin Legal (] Quiet Title Other: D Medical Other: Other Professional: Updated 1 /1/2011 T �'E Pi Ofi -lo — Christopher E. Rice, Esquire 0 TA R Y Attorney I.D. No. 90916 APR 22 PM 2: 4 U Katie J. Maxwell, Esquire Attorney I.D. No. 206018 CUMBERLAND COUNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D /B /A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs V. NO. 14 - j- y ?9 CIVIL TERM ALKYHA DEFENSE AND LOGISTICS, INC., 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: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street 3, - 7 Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES. 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiff JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D /B /A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs V. NO. 14 - CIVIL TERM ALKYHA DEFENSE AND LOGISTICS, INC., Defendant COMPLAINT AND NOW, come the Plaintiffs, Josh Trindel and Blue Trindel d/b /a Trindel Bros. Landscaping and Outdoor Design, by and through their attorneys, MARTSON LAW OFFICES, and in support of their Complaint aver as follows: 1. Plaintiffs, Josh Trindel and Blue Trindel d /b /a Trindel Bros. Landscaping and Outdoor Design, is a landscape company with a business address of 123 Ladnor Lane, Carlisle, Cumberland County, Pennsylvania 17015 (collectively, the "Plaintiff'). 2. Defendant, Alkyha Defense and Logistics, Inc., is a facilities management corporation with a business address of 45 Rockefeller Plaza, Suite 2000,New York City, New York 10111 (the "Defendant "). COUNT I - BREACH OF CONTRACT 3. Plaintiff hereby incorporates by reference Paragraphs 1 -2 as though fully set forth herein. 4. On or about November 9, 2013, Plaintiff and Defendant entered into an oral contract whereby Defendant hired Plaintiff to perform snow removal at the Holiday Park Shopping Center at the Chambersburg Mall in Chambersburg, Franklin County, Pennsylvania. 5. The term of the contract was from November 12, 2013, to April 30, 2014. 6. Plaintiff performed snow remediation at the Holiday Park Shopping Center at the Chambersburg Mall during the winter of 2013 -2014 as agreed upon in the Contract. 7. Plaintiff submitted regular invoices to Defendant for payment. 8. Defendant has refused and otherwise failed to make any payments to Plaintiff since December 18, 2013. Copies of Plaintiff's unpaid invoices are attached hereto as Exhibit "A ". 9. Defendant has breached its contractual duty to make payment for the services it received from Plaintiff. 10. As a direct and proximate result of Defendant's breach, Plaintiff has suffered an economic loss in excess of $52,388.55. WHEREFORE, Plaintiff respectfully requests judgment in its favor in the amount of $52,388.55 together with interest, costs, and any other remedy this Court may deem appropriate. COUNT II - QUANTUM MERUIT 11. Plaintiff hereby incorporates Paragraphs 1 through 10 as though fully set forth herein. 12. In the alternative, should an agreement not be found to exist as alleged above, Defendant is liable to the Plaintiff and /or has been unjustly enriched in excess of $52,388.55. WHEREFORE, Plaintiff respectfully requests judgment in its favor in the amount of $52,388.55 together with interest, costs, and any other remedy this Court may deem appropriate. COUNT III - MISREPRESENTATION AND FRAUD 13. Plaintiff hereby incorporates Paragraphs 1 through 12 as though fully set forth herein. 14. Defendant issued three checks all dated January 29, 2014 in the amount of $2,548.00, $1,715.00, and $5,260.00, respectively. 15. All of the checks referenced in Paragraph 13 were returned to Plaintiff for insufficient funds. 16. It is believed and therefore averred Defendant knew or should have known that there were not sufficient funds when the checks were issued. 17. Defendant has fraudulently misrepresented to Plaintiff that it could pay for certain services received from Plaintiff. 18. Plaintiff relied on the issuance of the checks by Defendant that its services would be paid for. WHEREFORE, Plaintiff respectfully requests judgment in its favor in the amount of $52,388.55 together with interest, costs, and any other remedy this Court may deem appropriate. MARTSON LAW OFFICES By: (2'E? Christopher E. Rice, Esquire I.D. No. 90916 Katie J. Maxwell, Esquire I.D. No. 206018 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: /�� �� Attorneys for Plaintiff EXHIBIT "A" Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Date Invoice # Shippensburg, PA 17257 12/18/2013 1049 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Lot Plow/Push 8.5 Single axle dump (storm on 12/14) 65.00 552.50 Lot Plow /Push 7.25 Pickup truck (storm on 12/14) 60.00 435.00 Lot Plow/Push 6 Tractor w/ pusher (storm on 12/14) 100.00 600.00 Lot Plow/Push 14 Skid Steers (storm on 12/14) 70.00 980.00 Shovel Sidewalks 3.75 Shovel Sidewalks (storm on 12/14) 20.00 75.00 Salt Lot 15 Salt lot 18 ton total (storm on 12/14) 210.00 3,150.00 Salt Sidewalks 0.75 Salt sidewalks I ton total (storm on 12/14) 700.00 525.00 Total $6,317.50 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Date I Invoice # Shippensburg, PA 17257 12/18/2013 1050 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Lot Plow/Push 2.25 Single axle dump (storm on 12/16) 65.00 146.25 Lot Plow/Push 2 Pickup truck (storm on 12/16) 60.00 120.00 Lot Plow/Push 3 Tractor w/ pusher (storm on 12/16) 100.00 300.00 Lot Plow/Push 4 Skid steers (storm on 12/16) 70.00 280.00 Shovel Sidewalks 2.5 Shovel sidewalks (storm on 12/16) 20.00 50.00 Salt Lot 8 Salt lot 8 ton total (storm on 12/16) 210.00 1,680.00 Salt Sidewalks 0.5 Salt sidewalks .5 ton total (storm on 12116) 700.00 350.00 Total $2,926.25 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Date Invoice # Shippensburg, PA 17257 1/14/2014 1053 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Salt Lot 20.5 Salt Chambersburg Mall lot (Jan 3, 2014) 210.00 4,305.00 Lot Plow/Push 8 Skid Steers (Jan 3, 2014) 70.00 560.00 Lot Plow/Push 4 Single Axle Dump (Jan 3, 2014) 65.00 260.00 Lot Plow/Push 4 Tractor w/ pusher (Jan 3, 2014) 100.00 400.00 Shovel Sidewalks 3 Shovel Sidewalks (Jan 3, 2014) 20.00 60.00 Salt Sidewalks 0.5 Salt Sidewalks (Jan 3, 2014) 700.00 350.00 Salt Lot 6 Salt Chambersburg Mall lot (Jan 5, 2014) 210.00 1,260.00 Salt Sidewalks 0.35 Salt Sidewalks (Jan 5, 2014) 700.00 245.00 Salt Lot 8 Salt Chambersburg Mall lot (Jan 6, 2014) 210.00 1,680.00 Salt Sidewalks 0.5 Salt Sidewalks (Jan 6, 2014) 700.00 350.00 Salt Lot 5 Salt Chambersburg Mall lot (Jan 10, 2014) 210.00 1,050.00 Total $10,520.00 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Date Invoice # Shippensburg, PA 17257 1/18/2014 1054 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Salt Lot 18.25 Salt lot (18.25 ton) (snowstorm on 1/18/14) 210.00 3,832.50 Salt Sidewalks 1 Salt sidewalks (1 ton) (snowstorm on 1/18/14) 700.00 700.00 Total $4,532.50 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Date invoice # Shippensburg, PA 17257 1/20/2014 1055 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Lot Plow/Push 9 Skid Steers (Jan 21, 2014) 70.00 630.00 Lot Plow/Push 4.25 Single Axle Dump (Jan 21, 2014) 65.00 276.25 Lot Plow/Push 8 Tractor w /pusher (Jan 21, 2014) 100.00 800.00 Shovel Sidewalks 2.5 Shovel Sidewalks (Jan 21, 2014) 20.00 50.00 Salt Sidewalks 0.5 Salt Sidewalks (Jan 21, 2014) 700.00 350.00 Salt Lot 32 Salt Chambersburg Mall Lot 32 ton (Jan 21/22, 2014) 210.00 6,720.00 No Slip /Cinder /Sand 20 Apply "no slip" cinder to Chambersburg Mall Lot due to 110.00 2,200.00 extreme low temps causing salt to be ineffective 20 ton (Jan 21/22, 2014) Total $11,026.25 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Date Invoice # Shippensburg, PA 17257 — 2/7/2014 1058 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Lot Plow/Push 14 Single axle dump (snow storm on Feb3 /4) 65.00 910.00 Lot Plow/Push 9 Tractor with 10' pusher (snow storm on Feb3 /4) 100.00 900.00 Lot Plow/Push 11 Skid Steers (snow storm on Feb3 /4) 70.00 770.00 Lot Plow/Push 6.5 High lift/rubber wheel loader (snow storm on Feb3 /4) 120.00 780.00 Shovel Sidewalks 2 Shovel Sidewalks 20.00 40.00 Salt Lot 16.25 Salt lot (16.25 ton) (snow storm on Feb3 /4) 210.00 3,412.50 Salt Sidewalks 0.5 Salt sidewalks (.5 ton) (snow storm on Feb3 /4) 700.00 350.00 'storm consisted of approx 7 -8" of snow Total $7,162.50 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road - Shippensburg, PA 17257 Date Invoice # 2/7/2014 1059 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City,, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Lot Plow /Push 9.25 Single axle dump (snow /ice storm Feb 5/6) 65.00 601.25 Lot Plow /Push 8 Tractor with 82" steel bucket to remove ice (snow /ice storm 90.00 720.00 Feb 5/6) Lot Plow/Push 10.5 Skid steers (snow /ice storm Feb 5/6) 70.00 735.00 Lot Plow/Push 5 High lift/rubber wheel loader (snow /ice storm Feb 5/6) 120.00 600.00 Shovel Sidewalks 1 Shovel sidewalks (snow /ice storm Feb 5/6) 20.00 20.00 Salt Lot 21.5 Salt lot (21.5 ton) (snow /ice storm Feb 5/6) 210.00 4,515.00 *Storm consisted of approx 3" of sleet/snow /ice Total $7,191.25 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Shippensburg, PA 17257 2/11/20 Date Invoice # 14 1060 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount No Slip /Cinder /Sand 16 Apply "no slip" to mall lot (16 tons) (storm on Feb 9) 110.00 1,760.00 *Storm consisted of approx 1" of snow Total $1,760.00 Trindel Bros. Landscaping and Outdoor Design Invoice 470 McCulloch Road Shippensburg, PA 17257 Date Invoice # 3/13/2014 1067 Bill To Alkyha Defense & Logistics Inc 45 Rockefeller Plaza Suite 2000 New York City, NY 10111 P.O. No. Terms Project Item Quantity Description Rate Amount Late Fee 1 10% Late Fee assessed (invoices 1046, 1047, 1048) 952.30 952.30 Total $952.30 VERIFICATION We, Josh Trindel and. Blue Trindel, acknowledge we have the authority to execute this Verification and certify that the foregoing Complaint is based upon information which has been gathered bymycounsel in the preparation of the lawsuit. The language of this document is that of counsel an.d.not my own. We have read the document and to the extent the Complaint is based upon information which we have given to our 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, we 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 we knowingly make false averments, we may be subject to criminal penalties. (josh TrinAd d/b/a Trindel. Bro.. Landscaping and Outdoor Design g t�trindel d/b/a Trindel Bros—Landscaping and Outdoor Design FAHLES \ Clients \ 15609 Trindle Bros Landscapingll 5609.1 Svc of Process.wpd Created: 9/20/04 0:06PM Revised: 4/29/14 1035AM r!LEO-OFFiCE OF THE PROTHONOTARY Christopher E. Rice, Esquire 20R APR 29 All Ff: 10 Attorney I.D. No. 90916 Katie J. Maxwell, Esquire CUMBERLAND COUNTY Attorney I.D. No. 206018 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs ot 1.11t APR 29 11111.-i :10 CUMBERLAND COUNTY 84 FALLEENNS YLVANIA JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC., Defendant : NO. 14-2499 CIVIL TERM PRAECIPE TO DOCUMENT SERVICE AND COST OF SERVICE PURSUANT TO THE PENNSYLVANIA LONG ARM STATUTE TO THE PROTHONOTARY: I hereby certify that a copy of the Complaint was mailed to Alkyha Defense and Logistics, Inc., c/o United States Corporation Agents, Inc., on April 23, 2014, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated April 25, 2014, and a copy of the receipt showing the cost of service was $12.66. MARTSON LAW OFFICES By 2e C Christopher E. Rice, Esquire I.D. No, 90916 Katie J. Maxwell, Esquire I.D. No. 206018 10 E. High Street Carlisle, PA 17013-3093 (717) 243-3341 Date: (4124111 Attorneys for Plaintiffs SENDER: COMPLETE THIS SECTION • .Completelterns,1', 2,and 3. Also compl6te ..tdrn 4 ifnestrictdd (Slivery is desired. Tint your name 'and,address on the reverse so that we can returri the card to you. • Attach this card to the back of the mailpiece or on the front if space permits. icle Addressed to: COMP! ETE THIS SECTION ON DELIVERY El Agent El Addressee C. Date of Delivery very address different from item 1? 0 Yes , enter delivery address below: 0 No . 70I4t 13 dulikir 11) /eel/ 3. eMce Type ertified Mail® 0 Priority Mail Express' IJ Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) titYes 2. Article Number (Thansfer from service labep 7013 3020 0001 3528 0207 PS Forrn 3811,July 2013 Domestic Return Receipt U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No insurance Coverage Provided) —4 For delivery information visit our website at www.usps.com :11 Postage Certified Fee r-R C3 Retum Receipt Fee 0 (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee T $12.66 Stye , t. No. orPO6xNci. PS Form 3::.00, /i.ugust 2006 ea ----- ,••■•■-. See Reverse for Instructions CERTIFICATE OF SERVICE 1, Ami J. Thumma, an authorized agent of MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe to Document Service and Cost of Service Pursuant to the Pennsylvania Long Arm Statute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Dated: ti Alkyha Defense and Logistics, Inc. c/o United States Corporation Agents, Inc. 7014 13th Avenue, Suite 202 Brooklyn, NY 10011 MARTSC LAW OFFI . Th a Ten East Hig Street Carlisle, PA 17013 (717) 243-3341 F:\FILES\Clients\15609 Trindle Bros Landscaping\ 15609.1. pra.default.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs CT "HE PROTHONOTARY 2DR14SAY 28 PH 2:145 OTTO GILROY & FALLER. GuMBERLAND COUNTY PENNSYLVANIA JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC., Defendant : NO. 14-2499 CIVIL TERM PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter default judgment in the above -captioned action in favor of Plaintiff and against Defendant Alkyha Defense and Logistics, Inc., in the amount of $52,388.55 together with interest, costs, and any other remedy this Court may deem appropriate 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 Defendant Alkyha Defense and Logistics, Inc., on May 16, 2014, which date is subsequent to the date default occurred and at least ten (10) days prior to the date of this Praecipe. MARTSON LAW OFFICES Dated: ,Sio'r /5/— By: ( 4 4 Christopher E. Rice, Esquire I.D. Number 90916 Katie J. Maxwell, Esquire I.D. No. 206018 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff /6, Pt 'if/ GIGS ar3 C !o /.*3664:0/1 v.4jL F.\FILES\Clients\15609 Trindle Bros Landscaping\ 15609.1.10daynotice.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC., Defendant : NO. 14-2499 CIVIL TERM IMPORTANT NOTICE TO: Alkyha Defense and Logistics, Inc. c/o United States Corporation Agents, Inc. 7014 13th Avenue, Suite 202 Brooklyn, NY 10011 DATE OF NOTICE: May 16, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: G �_ Christopher E. Rice, Esquire F:\FILES\Clients\I5609 Trindle Bros Landscaping \15609, L I Odaynotice.wpd Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC., Defendant : NO. 14-2499 CIVIL TERM IMPORTANT NOTICE TO: Alkyha Defense and Logistics, Inc. Attn: David Morillo, Sr. Vice President 45 Rockefeller Plaza, Suite 2000 New York, NY 10011 DATE OF NOTICE: May 16, 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON LAW OFFICES By: (Gr �-- Christopher E. Rice, Esquire Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC., Defendant : NO. 14-2499 CIVIL TERM 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, Defendant 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 addresses are: Alkyha Defense and Logistics, Inc., Attn: David Morillo, Sr. Vice President, 45 Rockefeller Plaza, Suite 2000, New York, NY 10011 and Alkyha Defense and Logistics, Inc., c/o United States Corporation Agents, Inc., 7014 13th Avenue, Suite 202, Brooklyn, NY 10011 Sworn to and subscribed before me thisday of May, 2014. A, 0, ublic Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberland County ppmlon Expires Aug. 18, 2015 ASSOCIATION OF NOTARIES Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC., Defendant : NO. 14-2499 CIVIL TERM 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 Defendant Alkyha Defense and Logistics, Inc., was given to it by mail on May 16, 2014. Sworn to and subscribed before me this day of May, 2014. 4 S Christopher E. Rice, Esquire COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle Boro, Cumberlanduq ou 2015 nty Commission Expires 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: Alkyha Defense and Logistics, Inc. Attn: David Morillo, Sr. Vice President 45 Rockefeller Plaza, Suite 2000 New York, NY 10011 Alkyha Defense and Logistics, Inc. c/o United States Corporation Agents, Inc. 7014 13th Avenue, Suite 202 Brooklyn, NY 10011 MARTSON LAW OFFICES By V ) Guic-r) Mafy Price 10 E High Street Carlisle, PA 17013 Dated: 1/4.5.7•',,T' Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC.,. Defendant : NO. 14-2499 CIVIL TERM TO: ALKYHA DEFENSE AND LOGISTICS, INC. NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of May, 2014, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $52,388.55 together with interest, costs, and any other remedy this Court may deem appropriate for failure to file an Answer to Plaintiffs Complaint. Date: ,04/ iv Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Alkyha Defense and Logistics, Inc. Attn: David Morillo, Sr. Vice President 45 Rockefeller Plaza, Suite 2000 New York, NY 10011 Alkyha Defense and Logistics, Inc. c/o United States Corporation Agents, Inc. 7014 13th Avenue, Suite 202 Brooklyn, NY 10011 Christopher E. Rice, Esquire Attorney I.D. No. 90916 Katie J. Maxwell, Esquire Attorney I.D. No. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs JOSH TRINDEL AND BLUE TRINDEL : IN THE COURT OF COMMON PLEAS OF D/B/A TRINDEL BROS. LANDSCAPING : CUMBERLAND COUNTY, PENNSYLVANIA AND OUTDOOR DESIGN, Plaintiffs v. ALKYHA DEFENSE AND LOGISTICS, INC., Defendant : NO. 14-2499 CIVIL TERM TO: ALKYHA DEFENSE AND LOGISTICS, INC. NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of May, 2014, the following Judgment was entered against you in the above -captioned action: judgment in the amount of $52,388.55 together with interest, costs, and any other remedy this Court may deem appropriate for failure to file an Answer to Plaintiffs Complaint. Date: 57arty Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Alkyha Defense and Logistics, Inc. Attn: David Morillo, Sr. Vice President 45 Rockefeller Plaza, Suite 2000 New York, NY 10011 Alkyha Defense and Logistics, Inc. c/o United States Corporation Agents, Inc. 7014 13th Avenue, Suite 202 Brooklyn, NY 10011