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Home My WebLink About01-3426 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., D/b/a THE SENTINEL, Plaintiff VS. CIVIL ACTION - LAW TIM HOLTZMAN and WEST SHORE SUNSET DISTRIBUTORS, INC., d/b/a EAGLE OAK FURNITURE, INC. No. 01-3426 CIVIL TERM JURY TRIAL DEMANDED 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 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 HA VE 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 ASSOCIA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~!JJtt::'::;; Attorney ID# 17143 FISHMAN & MORGENTHAL Attorneys for Plaintiff 95 Alexander Spring Rd., Suite 3 Carlisle, P A 17013 (717) 249-6333 \\MAINSERYER\PUBLIC\roger\Sentinel Newspaper\Holtzman Eagle Oak\Complaint.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. Ys. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. COMPLAINT AND NOW comes the above named Plaintiff, by its attorneys, Fishman & Morgenthal, and states the following cause of action: 1. Plaintiff is Cumberland Publishing, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, doing business as The Sentinel, with its principal address and corporate office at 457 East North Street, P.O. Box 130, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Tim Holtzman is an adult individual, sui juris, whose present or last known address is 220 North York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant West Shore Sunset Distributors, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, \\MAINSERVER\PUBLIC\roger\Sentinel Newspaper\Holtzman Eagle Oak\Complaint.doc having its registered office at 2320 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17106. 4. Defendant, West Shore Sunset Distributors, Inc., was formerly known by the corporate name of Eagle Oak Products, Inc., and it does business under the fictitious name of Eagle Oak Furniture. 5. Plaintiff is in the business, inter alia, of publishing a newspaper of general circulation in Cumberland County, Pennsylvania, with daily and Sunday editions in addition to other specialty publications printed from time to time. 6. At the request of the defendants, Plaintiff published advertisements for defendant in its publication, on the dates and in the sizes and formats that defendants specified. 7. The prices charged to the defendants for publishing the aforementioned advertisements were the same as charged to the plaintiff s other customers for similar advertising, were reasonable and appropriate, and were accepted and agreed to by the defendants. 8. A finance charge of 1.5% per month is charged to defendants, in accordance with the customary business practice of plaintiff and as agreed to by defendants. 9. An itemized statement of the amounts charged to defendants, taken from Plaintiffs books of original entry, is attached hereto as Exhibit "A," showing the amount due from defendants as of March 31, 2001. 2 \\MAINSERVER\PUBLlC\roger\Sentinel Newspaper\Holtzman Eagle Oak\Complaint.doc 10. The amount owed to plaintiff by defendants for the said advertisements as set forth on Exhibit "A" is $2,900.06, which remains unpaid in its entirety. 11. Plaintiff has demanded that defendants pay the amount due, but they have refused to pay the same or any part thereof. 12. Defendants accepted the publication of the advertisements as performed by plaintiff, with no complaints or questions as to their quality or appearance. WHEREFORE, plaintiff demands judgment against the defendants in the amount of $2,900.06, together with interest and costs of suit. Said amount claimed is within the jurisdictional limits for compulsory arbitration in Cumberland County. ~~ Roger M. Morgenthal, Esquire Supreme Court LD. #17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PAl 7013 (717) 249-6333 Attorneys for Plaintiff 3 JUN-21-01 03:41 AM THE SENTINEL 7172407115 P.02 1'1] .," ENTINEL EI .1 N.(,E,IVNI NUMUL'l ". IN\llJl~1 1IU....t1l11 4 'rAI;I'- - 6164 I 31076 I' 00--, - ORTH STREET 1 1l~IIINC PlAPQp " If "..S '" ",AVM, T 130 03/2001 Net 30 , PA 17013 Al1\IIIUlSf} (l~lNIl'l,A~ I AlJYUU I:I!FU;~ lP'f' JW.jlllllrll VERTISING INVOICE lInd STATEMENT WEST SHORE SUNSET CIST, 6164 ............--- ;-;r.R ~1''''P~'~ m I! III Nl~f III Sl. "I~'r ~(Ir-4 (.)1 lit II ~;mf1"'lNIM~'H^fl(~f5 :::r ~~~J, ~;~:. ,. :~ :~~'SmJ' 1'~ (il'Cllia; "",Ul)NI 1,,1 HI" i\NQ\lMT previous Balance 2857.83 2857. n Ss!:vice Charge 1 Amnt Subjeet 2915.60 42.23 42.23 ,_. ~ES . 457 E, N P.O, BOl( CAlwm AD 03131 S~V t f,tJHrII'N I AM()UN I "-'!l,ll . , I or II ~V5 IIl.lNAI'f't1l 0 AMfll.lN r ;: '0'''' .UCl.INT [Ill 42.23 42.23 0.00 2915.60 2900.0G If you have questions, please call (717)-243-2611. 'UNAPPLlED AMOUN19 ARE INCLUDED IN TOTAL AMOUNT our PLEASE DETACH AND RETURN THIS WITH YOUR REMITTANCE GJ THE SENTINEL 457 E. NORTH STREET P.O. BOX 130 CARLISLE. PA 17013 ,~ AtU~I"I~lIf' if INVtJlC;t.!!:i(^lI.MIN~ NilMUiM ~ 1111 U"ff U^'l 6164 31076 03/31/2001 INn.n AMOUNt lMC.:It:SHl 1f111\' A~I,It;N! j\l~f G "ulli~"'(,~:(l\I"1 ~,""Mt J\f\lI'/'Jr,I'I'1IlPIS 2900.06 WEST SHORE SUNSET DIST, 220 N YORK STREET MECHANICSBURG 111.111, 11111,,, ,I, I, ,I, I", I, II PA 170S5 301DOOOD000061b4000DODODDDDDQD2~OOObDOOD2~ODD6b e~ /fID I r ~A" VERIFICATION I, Wendy Metzger, verify that I am the Business Manager of The Sentinel, plaintiff in this action and that the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I further certify that I am authorized by Plaintiff to make this verification on its behalf. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. Date: (" 1.33J 0 I W~ge~~ager IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. CERTIFICATE OF SERVICE I, Roger M. Morgenthal, Esquire, hereby certify that I have served a true and correct copy of the foregoing COMPLAINT upon the Defendants above named, by serving their Attorney, Henry W. Van Eck, Esquire, by United States Mail, First Class, Postage Prepaid, on June'l> ,2001, at the following address: Henry W. Van Eck, Esquire CUNNINGHAM & CHERNICOFF, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 FISHMAN & MORGENTHAL ~~ Roger M. MOrge~ 95 Alexander Spring Road, Suite 3 Carlisle, PAl 7013 (717) 249-6333 Attorney for Plaintiff ID#17143 ~,:;:, ~;, .".-~. t '.' ,..... -' -"..'::- p .;; :) ('" ~ i ~"". ~ '..,) -- !"... . >...i ....../ u; COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL .. COURT OF COMMON PLEAS CUMBERLAND COUNTY JUDICIAL DISTRICT PENNSYLVANIA FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. OJ - .]4J.~ C,'o~L~~ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT ~_ W.S. Sunset Dist. D/B/A TIM HOLTZMAN, ~Ea Ie Oak Fur MAG. DIST. NO. OR NAME OF D.J. 09-2-01 ADDRESS OF APPELLANT 220 North York Street CITY Mechanicsburg STATE PA ZIP CODE 17055 DATE OF JUDGMENT 5/23/01 IN THE CASE OF (PLAINTIFF) The Sentinel (DEFENDANT) and W. S. Sunset Tim Holtzman, ~. DIST. D/B/A VS. SIGNATURE OF I\fPELLANT OR HIS ATTOLlNEY R AGENT, ~a Ie Oak Fur Iln I.J _ C)'} /T~ V VV ' Gt.-( G w. ~ Eck, Esq. ID #83087 CLAIM NO. CV YEAR CV-0000150-01 L T YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appel/ant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be seNed upon appellee. PRAECIPE: To Prothonotary Enter rule upon The Sentinel Name of appellee(s) , appellee(s), to file a complaint in this appeal (Common Pleas No.OI- ~4Jb f"'I./LL) within twenty (20) days after service of rule or.s I~ " RULE: To The Sentinel Name 01 appellee(s) , appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service of this rule if service was by mail is the date of the mailing. Dale, ,ju., >' ^I , Yea' .;}Oo/ '-- ~ t? f? ~ A_V. ([Lr. Signature of Protho tary~' '~ White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF . ; ss AFFI DAVIT: I hereby swear or affirm that I served a copy of the Notice 01 Appeal, Common Pleas No. _____~~__, upon the District Justice designated therein on (date of service) _ _, year _______, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _ ._______, on _______~, year _______, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. o and further that I served the Rule to File a Complaint accompanying lhe above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on _______________, year ________, D by personal service 0 by (certified) (registered) mail, sender's receipt attached herelo. o SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS ____ DAY OF __~~, YEAR ______. Signature of official before whom affidavit was made ---~---~-~-----------_._---- ~~ Tltte of official My commission expires on _____, year :::-.~ >l>\~ ~\fA.J ~ ~ ~ V)O '~ 80 I ~tf) t~ ~ ~ ~ ~ ~ I Signature of Affiant 0 0 0 c -o~ .~;, C- D:' ,-- --i OJ n-; '- ..r' .c::.:::c' :z :': :;g :z -, r , C/)!;: -..,n"l ~ <'io ~-~ ~~; C':-J ;<0 -0 ):;> -)-. -r, :zO :x C" -n )>0 ;;?f5 c w OiTl ~ Ul ~ -.I -< " COMMONW6ALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND 09-2-01 NOTICE OF JUDGMENTITRANSCRIP PLAINTIFF: CIVIL CASE NAME and ADDRESS r.rHE SENTINEL 457 EAST NORTH ST CARLISLE, PA 17013 L Mag, Disl. No,: OJ Name: Hon, T ,I , . 1 'l{, ~':' ',"> t, :~' ;. . )', ,lj:" f PAULA P. CORREAL Address; 1, COURTHOUSE SQUARE CARLISLE, PA . ',. ',- ~eleflh';ne: (717( 240 -'6564: 17013 ~ 0000 ATTORNEY DEP"PRIV:ATE : DEFENDANT: NAME and ADDRESS rii ' HOLTZMAN, TIM,ETAL. 220 N. YORK STREET MECHANICSBURG, PA 17055 L VS. "!t .'':'.J.'';;~'> ~'''':'1:. HENRY VANECK 2320 N SECOND ST HARRISBURG, PA 17110 Docket No.: cv- 0000150 - 01 Date Filed: 4/10/01 ~,';",...,.,,- ~ \;~i 'f~ ~ THIS IS TO N.oTIFY YOU THA T~ ' Judgment: ~ Judgment was entered for: ~ 'FOR PLAINTIFF (Name) 'I''R'R ~~TNRT, 00 Judgment was ~ntered against: (Name) w _ S _ StlN'SRT DTST _ n/B/A RAGT.R OAK FUR in the amount of $ ':l,122 ':\2 on: (Date of Judgment) ~ /2':\ /01 . ... ~: ._:r;:. ~-: D D D D D D Damages will be assessed on: \, I,' I Defendants are jointly and severally liable., (Date & Time) Amount of Judgment Subject to Attachment! Act 5 of 1996 $ Amount of Judgment $ 3,023.19 Judgment Costs $ 99.13 Interest on Judgment $ .00 Attorney Fees $ .00 Total $ 3,122.32 Post Judgment Credits $ Post Judgment Costs $ ------------ ------------ Certified Judgment Total $ ';. I: ~ This case dismissed without prejudice. Levy is stayed for days or D generally stayed. Objection to levy has been filed and hearing will be held: '-. Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUS: I~~L~D~ A COpy OF ,THIS _~~T1C~ OF JU~". SCRIPT FORM WIn< yOU.R......~.~~~;.. :.~~~:PEAL. /2. { Dale GJ?~ ~-€ ,/', ..~~"':J~s.llce I certi th Ilhis is a true and c~i:t copy of the ~~rd O~)he procee'Ji"gs conlai~i~:lh~)9~?m.r;~'. .' - i Dat,E;::"<', \ . ," : r >~ /~,,' l \;":. ~ o.~~~ri~JUstice . My commission expires first Monday of January, AOPC 315-99 2006 '~'.'~ ;., :' ....,~,. . .', ". ~EAI......, \~J_' : r ',.- .. "". ~~ '., "to".... ......A...:\ f ,., \ . ~'~ ..... ~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUMBERLAND NOTICE OF JUDGMENTITRANSCRIP' CIVIL CASE PLAINTIFF: NAME and ADDRESS ~HE SENTINEL 457 EAST NORTH ST CARLISLE, PA 17013 L Mag. Dist. No.: 09-2-01 DJ Name: Hon. PAULA P. CORREAL Address: 1 COURTHOUSE SQUARE CARLISLE, PA VS. Telephone: (717) 240 - 6564 DEFENDANT: NAME and ADDRESS fHOLTZMAN, TIM, ET AL. 220 N. YORK STREET MECHANICSBURG, PA 17055 L 17013-0000 ATTORNEY DEF PRIVATE : HENRY VANECK 2320 N SECOND ST HARRISBURG, PA 17110 ~,".,:- ~ Dacket Na.: CV- 0000150 - 01 Date Filed: 4/10/01 ;; ~~ THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF [iJ Judgment was entered far: (Name) THY;: R'RN'I'TN"RT. [i] Judgment was E?ntered against: (Name) HOT.T7.MAN, TIM in the amaunt af $ (Date af Judgment) ':l , 1 2 2 ~ 2 an: Ci/2':l/01 ... ... D D D D D D Defendants are jaintly and severally liable. (Date &Time) Damages will be assessed an: .... Amaunt af Judgment $ 3,023.19 Judgment Casts $ 99.13 Interest an 'Judgment $ .00 Attarney Fees $ .00 Total $ 3,122.32 Past Judgment Credits $ Past Judgment Casts $ ------------ ------------ Certified Judgment Total $ This case dismissed withaut prejudice. . Amaunt af Judgment Subject to. Attachment/Act 5 af 1996 $ Levy is stayed far days ar D generally stayed, Objectian to. levy has been filed and hearing will be held: Date: Place: Time: ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COpy OF THIS NOTICE OF JUDGMENTIT SCRIPT FORM WITH YOUR ~aTICE OF APPEAL. /" '. I .. ,.,"",;"..- . ~.;,.". i.~'l Date ' ..<'.; _..' ..;tli~~rictJustice . . I '..... ~. ,. .. .' '""', ~ is is a true and co~( capy,pf ~.~r.eco~;~!::~.~~oceedingS CPT~?;rl7.th~.!~g~:~ent ! . ~ //' ,(,. '''-''j.'', ....1- . .- ' r\jt ' t Jt' ' Date {.,.-f,,~j~:::"_.::::-:::.... . .' /" . ,-. . (_ ~ "" ~ rlC us Ice .~ ,\ ~ ~. :.""" .. My commissian expires first Manday af January, AOPC 315-99 . ," ... -..... <".;:i? "'SeAr:;\:\ J.... " .' ~. "'I.~.f~." 2006 .. PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF .f)A-1 j P /-I f f-/ ; ss AFFIDAVIT: I hereby swear or affirm that I served "r:A a copy of the Notice 01 Appeal, Common Pleas No. -.0.1- 34;)k_~__, upon the District Justice designated therein on ~ (date of service) _ ~-7--, year 2.00/ _' 0 by personal service ~ by ~ (registered) mail, sender's receipt attached hereto, and upon the appellee, (name ~~e / __________, on ~2--, year J;;2..DQL, 0 by personal service ~bY~ilie~registered) mail, sender's receipt attached hereto. ~ and lurther that I served the Rule to File a Complaint accompanying the above Notice 01 Appeal upon the appellee(s) to whom the Rule was addressed on ~ _7..____, year 2..fJQ..(_, 0 by personal service ~ bY~ (registered) mail, sender's receipt attached hereto. SWORN (AFFlflMED) AND SUBSCRIBED BEFORE ME /7-1h i '?~()'I THIS / DAY OF J..iL).)(!", ,YEAR p.,C/ , . ~~-/ iJ~~ ~ ~dL~-- Signature 01 Alfi2nt Signature of official before whom affidavit was made ~-_._._-~-----_._-----~ Title 01 ofl1C1al My commission expires on _____, year __.' Notarial Seal L.lnd. B. Oeaven. Notary PublIc , Hlffiltlurg. Dauphin County My e~ Elq)Ires Feb. 25. 2002 MeIflBe~, f-lonn~VlW\j'l\& ~ssodation at NoIanes .. .. -rhe ~n+~r1e.1 v. Iim t-l 0 Ihl'Y\QI',) Lu S SLiflSECt D is\- d{ biG.. E091e Oll.K kern. c V - OCxJOISQ-O I CD~ ~o. o/-3~d~ S Postal Service EIPT ~E'RTIFIED MAIL REC nce Coverage Provided} . M '1 Only' No Insura DomestIc al . F c- eO .-'I m Postage $ c- , eO '.-'I m Certified Fee Certified Fee Retum Receipt Fee m (Endorsement Required) CJ CJ Restricted Delivery Fee CJ (Endorsement ReqUired) Total Postage & Fees Postmark Here m CJ CJ CJ Return Receipt Fee (Endorsement ReqUIred) Restricted Delivery Fee (Endorsement ReqUired) Total Postage & Fees $ ~ Sj)'.3-. ~1MA~..J':...Q.QI(~L...__.....m.mmm..m siil'ei;iip.'t:~o.; 0" ~O Box No. 54-u.tt: re.. um.m...m..__...__m..__ VO ~J1:\QJJs.~.__ mf;.i.~m.um- ci.usi~i~:..-p~.u () l ~ . . . . j .. :II Postmark Here CJ CJ CJ I"- , PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal, Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA. COUNTY OF_-L2f11JPH ( }/ _; ss AFFI DAVIT: I hereby swear or affirm that I served 'r:A a copy of the Notice of Appeal, Common Pleas No. _ill~_~~lo _____._ ___' upon the District Justice designated therein on 'fJ (date of service) __ ~~7--n__--' year 200L_____, D by personal service '[i by ~ (registered) mail, sender's receipt attached hereto, and upon the appellee, (name _--r1.e..._5~el______._________. _nn' .__.' on __:JnW1L...____J.__.___, year. cS2DQL_, D by personal service ~ by~registered) mail, sender's receipt attached hereto. ~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ~___7_____, year dQQ /, D by personal service ~ by ~ (registered) mail, sender's receipt attached hereto. SWORN (AFFlflMED) AND SUBSCRIBED BEFORE ME /L . /../~ r; !. .1 ~()I THIS _~____ DAY OF _0.JLJ.HJ,. ,YEARf!'{c.."'-~... ~_1j:~~~___n.. Signature of official be.'ore whom affidavit was made 0:PA_--dL'n ~---- Signature of Affiant c:) o -"'1 Notarial Seal blndll e, Oeaven, Notary Public Hllffillburg, Dauphin County My CM'lfl\iuloo ElCI)lres Feb. 25. 2002 MeIflBiH, Po"n~Y\v-;:;f\\& i'.ssociation of NotarieS o c: ,~ -r.J.... . lIH' Z:J:. ZC U)~- . ~t ~~~ 'Z -1 -<- &' "~1O c__ ntle of offiCial My commission expires on __n____~' year _.___._' .~~ -~) :.,..) \ ' ~ ::J (1" ;;J ~ COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS NOTICE OF APPEAL FROM C:C.ii.-Tt~i:::: P..Li\~,,~t~' /... (]lr::.,rI-::' DISTRICT JUSTICE JUDGMENT JUDICIAL DISTRICT P~~:;'Ji~s'~::r-r;\/;\t l'j".,\ COMMON PLEAS No. 01- .J l/,J..,/c, ( e/u; C lv,-n.! NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case mentioned below. N~~~~~~PP~L~~:V r.aruL ~1].S. Sunset Dist. D/B/h L l~, . .vL... ._d.t"iJ.~ ,~)(~ Ea~" 1'" C'" k v. 'r g.e .1i1 .l:U MAG. DIST. NO. OR NAME OF D.J. 09-2-01 ADDRESS OF APPELLANT LL.'., ur'l:h Y()r~. .'.,crer::;t CITY ....;iect',JIli~(::s.b:JT9' STATE ::'A ZIP CODE 17055 VS. SIGNATURE!'OF rPELLANT o~ f-fIS ATTORN/OR AGI!NT.. Eao le Oak Fu t 1/~.c1:J'{/ [.():. L/~~! :<cc.'-. Jc Ir'~:; """",.-." I ,.'" C'f'""': T ~ ': '-I; ):{ ..,.::llr'j ". V ['A.K:, '-'~'':i' .~. n 830,7 l'iIn (DEFENDANT) and vi. S. S\.IDset :{olt~man, ~i. DIST. D/D/A DATE OF JUDGMENT bi~~\/O'1 I TI~l~HE~~,:~;~~;{NTlFF) CLAIM NO. CV YEAR CV-0000150-01 L T YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 10088. This notice of Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action before district Justice, he MUST FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonotary or Deputy PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see PA R.C.P.J.P. No. 1001 (7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon .file Serltin0~1 Name of appel/ee(s) , appellee(s), to file a complaint in this appeal RULE: To 'J.'he SE'ntinel Name of appel/ee(s) e,l,..>', L) within twenty (20) days after service of rule o!s~fer entry. of ~Udgme~ of no~)?ros '--r;:-/) YV'\ 1/- ! I 1/. !.-/' I CT" --- 5 \ ./ i.. ~...' i.A......./' _. t,../ !:,'1....,v{_ (~(/ Sir' ure of appel/ani or his attorney or age oJ (Common Pleas NoDI -.3 i-j;) Ie. , appellee(s) (1 ) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty(20) days . after the .d'a~ of service of this rule upon you by personal service or by certified or registered mail. If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. _.~) ~",' ..... ::"(3) Hie date of service of this rule if service was by mail is the date of the mailing. /) e)e ..- Date: .... }~) L 1'1 , Year c:J.DO/'---_ ~t:h-. (7 C 7'~C.Q/7/~/;-r~'( - Signature of Protho otary or Deputy 11 ' White - Prothonotary Copy Green - Court File Copy Yellow - Appelant's Copy Pink - Appellee Copy Gold - D. J. Copy Proth. - 76 .. -rhe Sen+~ (\~ l v. ~m c v - OCOOISQ-O i CO-Sf! tJo 0 /.- 3~dlo U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I I Postage $ -- Certified Fee Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ c:J U1 .-=t c:J IT" c:() .-=t IT1 IT1 c:J c:J c:J c:J IT1 ~ Sent To rrhe Se vrI-i ne I ~ siieer/g:1o:; ~-~o n~o~-----S:+:-m-----m----m------m---mm--- ~ ciir,(!t; !'~------- -----pA--m-i--~io--j:i---m------------------m---------- : " ... t-t 0 fttl'Y\OJ') Lv S r D',~ ) I ' . ~Uns~t - d hla. Ea9le OltK r: r-u.rn . f'- ...ll .-=t c:J IT" c:() .-=t IT1 IT1 c:J c:J c:J U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) \ T Postage ~- Certified Fee Postmark Return Receipt Fee Here (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ c:J IT1 U1 .-=t c:J c:J c:J f'- PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof 01 service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DJi.l J PI-! ( f/ ; ss AFFIDAVIT: I hereby swear or affirm thatl served 'rA a copy of the Notice 01 Appeal, Common Pleas No. 1ll-=-.3!iQ.l.t, . . upon the District Justice designated therein on ~ (date of service) _ ~-2-.-. year ,,?. 00 I ,,0 by personal service ~ by ~ (registered) mail. sender's receipt attached hereto. and upon the appellee, (name --=r::be.--S~._---'--'-----" on ~L-, year .;JDQ,L, 0 by personal service ~by~~registered) mail. sender's receipt attached hereto. ~ and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on ..:IU..nL--l_-_, year 2Q_lI_L. 0 by personal service ~bY~~~ (registered) mail. sender's receipt attached hereto. ~-~~ SWORN (AFFlflMED) AND SUBSCRIBED BEFORE ME -lit . THIS f DAY OF _~~, YEAR ~~tJl_. ~hJ zf~--- SignaturB of officl8l before whOm alfidavil was made -----------._----------._~-~- TItle of official My commission expires on ___-. year --.' NoIIr\lII Seal undI 8, o.wn. NotiIrY PublIc l1In\lllUfl. o.uptIIn CounlY My eMllft\llkllll EllPl.... Ftb. 25. 2002 Mll"'&il~. f'l:!M!>yN'IIl'I\& "'~ at NotarillS o c: :c -ceo IT,lLp ~_u' Zr-- 0~l: t2C) J>C Z'-':. ~(-' .re ~ o fo_ e:: --....... 1<- Signature 01 A/lianl - o -Tl .1 "\~1 ~11 ",- ;"C\ .1._) .~~.~ '~' .',Cl '.-r'" -"-l-l l.p -r-, ~,:~ (0') ,'.,.('n S J:> :J;:) ~ --0 :r: ~.) ..:::t (,1" . ;r THE SENTINEL v. TIM HOLTZMAN, FURNITURE CV-0000150-01 Case No. 01-3426 W.S. SUNSET DIST. d/b/a EAGLE OAK C'. SENDER: I - Complete items 1 and/or 2 for additional services. · -Complete items 3, 4a, and 4b. ~ - Print your name and address on the reverse of this form so that we can return this I: card to you. ~ - Attach this form to the front of the mailpiece, or on the back if space does not l! permit. II - Write "Return Receipt Requested" on the mailpiece below the article number. -5 -The Return Recsipt will show to whom the article was delivered and the date c delivered. o J II Q. fi C'o SENDER: I -Complete items 1 and/or 2 for additional services. · -Complete items 3, 4a, and 4b. : - Print your name and address on the reverse of this form so that we can return this ~ card to you. > -Attach this form to the front of the mailpiecs, or on the back if space does not l! permit. II -Write "Return RBCBipt Requssted" on the mailpiecs below the article number. -5 -The Return Receipt will show to whom the article was delivered and the date c delivered. o ! 3. Article Addressed to:, Q. 'The- Sehfif1e{ fi 157 c. MarTh sf. {!(){r!is(t:; fA- /7()/3 ~Vl 5. Received By: (Print Name) 3. Article Addressed to: D ."'J - 'Pttul tl P. Co r reed I C!.-our+ tlOu.se ~ua.re. (!oJ-1 / s{e / PI1 / rJ{) 13 5. Received By: (Print Name) !i 6. Signature: (Addressee or Agent) ~ X ~ .!! II !i 6. Sigr ~ X .!! - PS Fe! I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address J ~ 2. 0 Restricted Delivery cZ Consult postmaster for fee. J 4a. Article Number I 7 ODD 153D CiX:D '3 jiff 0 lto 7 ~ 4b. Service Type i o Registered XCertified ~ o Express Mail 0 Insured i o Return Receipt for Merchandise 0 COD ::II .e 7. Date of DeliVeryt;. ,- ( /-0 , ~ 8. Addressee's Address (Only if requested '! and fee is paid) 1 I- 102595-97-B-0179 Domestic Return Receipt I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address f 2. 0 Restricted Delivery cZ Consult postmaster for fee. .i 4a. Article Number I 7000 /530 Dao33/81o/so ~ 4b. Service Type i o Registered "jz( Certified a: o Express Mail /O"lnSured t . o Return Receipt for Merchandise 0 COD ~ 7. Date of D,~e~ '; ~ "" c ~ :ceipt -rJ ~.:-~ [l;[X' :5: tr, -<' r;: l.,: -- ,';; ---', Z'--' ~ ? ~-~~ ~: =< o ~: (:) ~ ""-- ....['~ :r;-\" ill .r::- CUMBERLAND PUBLISHERS, INC. d/b/a THE SENTINEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA W TIMOTHY HOLTZMAN and WEST SHORE SUNSET DISTRIBUTORS, INC., d/b/a EAGLE OAK FURNITURE, INC., Defendants NO. 01-3426 CIVIL TERM JURY TRIAL DEMANDED PRELIMINARY OBJECTIONS AND NOW, comes Defendant Timothy Holtzman, by and through his attorneys, Cunningham & Chernicoff, P.C., and files his Preliminary Objections to the Complaint filed by Cumberland Publishers, Inc. d/b/a The Sentinel, and in support thereof avers as follows: PARTIES 1. Cumberland Publishers, Inc., d/b/a The Sentinel is a Pennsylvania corporation with a principal place of business at 457 East North Street, P.O. Box 130, Carlisle, Cumberland County, Pennsylvania 17013. 2. Named Defendant, Timothy Holtzman ("Defendant Holtzman"), is an adult individual currently residing at 220 North York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Named Defendant West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. ("Eagle Oak") is a Pennsylvania corporation formerly having its registered office at 2320 North Second Street, Harrisburg, Dauphin County, Pennsylvania 17110. BACKGROUND 4. On or about June 25, 2001, Plaintiff filed its Complaint against the above named Defendants for the collection of money allegedly owed by Defendants to Plaintiff. 5. In its Complaint, Plaintiff generally alleges that one or both of the Defendants entered into either a written or oral agreement with the Plaintiff whereby Plaintiff agreed to publish advertisements for the benefit of Defendant West Shore Sunset Distributors, Inc. 6. Plaintiff's Complaint does not identify which of the Defendants is party to the alleged contract or agreement with Plaintiff, nor does the Complaint attach a copy of the alleged contract or state with specificity the material terms of such alleged contract. COUNT I INSUFFICIENT SEE OF A PLEADING - Pa.R.C.P.I028(a)(3) 7. Paragraphs 1 through 6 are incorporated herein by reference as if more fully set forth. 8. Plaintiff has failed to inform Defendant Holtzman with sufficient accuracy and completeness, the specific basis upon which recovery is sought. Specifically, paragraph 6 of Plaintiffs Complaint states that the Plaintiff published advertisements for one of the Defendants in its publication. However, such averment fails to state which ofthe Defendants received the benefit of the publication. The averment also fails to state which of the Defendants allegedly made the request. 9. Plaintiffs Complaint also fails to set forth whether the alleged agreement or request for publication referred to therein and allegedly made by one or both of the Defendants was oral or written, and if written, where such agreement may be inspected and copied. 10. Plaintiffs Complaint also fails to set forth with sufficient specificity the terms of the alleged agreement or "request" in order to establish the grounds of the alleged liability by either or both Defendants. 11. If Plaintiff is alleging that a contract or agreement exists (a fact that cannot be determined from the face of Plaintiffs Complaint and is therefore expressly denied for purposes of this pleading) by and between Plaintiff and Defendant Eagle Oak, and that such contract or agreement forms the basis of its Complaint, then Plaintiff also seeks to "pierce the corporate veil" of Eagle Oak in order to recover damages from Defendant Holtzman, individually. Plaintiff has failed to plead, however, the elements necessary to "pierce the corporate veil", as demonstrated by the lack of specific facts in the Plaintiff's Complaint evidencing same. 12. In the absence of an agreement between Plaintiff and Defendant Holtzman, individually, Plaintiff cannot sustain its cause of action against Defendant Timothy Holtzman unless it pleads the elements necessary to pierce the corporate veil. Plaintiff has failed to plead the elements necessary to pierce the corporate veil. 13. Because of the failure of Plaintiff's Complaint to inform Defendant Holtzman with accuracy and completeness, of the specific basis upon which recovery is sought, Defendant Holtzman is unable to adequately respond to the allegations raised by the Plaintiff in its Complaint. WHEREFORE, Defendant Timothy Holtzman, respectfully requests that this Honorable Court dismiss the Plaintiff's Complaint as it pertains to Defendant Timothy Holtzman, individually, with prejudice and further award Defendant Timothy Holtzman all such other relief as is proper and just. COUNT II FAILURE OF A PLEADING TO CONFORM TO LAW OR RULE OF COURT- Pa.R.C.P.I028(a){2) 14. Paragraphs 1 through 13 are incorporated herein by reference as ifmore fully set forth. 15. Plaintiff's Complaint references a "request" that was allegedly made by one or both of the Defendants to Plaintiff for the publication of certain advertisements. Again, Plaintiff's Complaint fails to identify, with sufficient specifically, the nature of the alleged "request", whether it was oral or written, who made the alleged request and when such "request" was allegedly made. 16. The Plaintiff has also failed to provide in its Complaint any specification of what "advertisements" were purchased including the nature and substance of the alleged advertisements. No copies of such advertisements are attached to Plaintiff's Complaint. 17. The Plaintiff has failed to state in its Complaint the date(s) that the "advertisements" were allegedly purchased. 18. Pursuant to Pa.R.C.P. 10 19(a) the material facts on which a cause of action or defense is raised shall be stated in a concise and summary form. 19. Because the Plaintiff has failed to specifically plead the advertisements allegedly purchased and/or the services allegedly provided by the Plaintiff, and the nature and timing of the alleged agreement, contract, or "request" forming the basis of Plaintiffs Complaint, Defendants cannot properly investigate or respond to Plaintiff s claim. 20. Plaintiff has also failed to attach to its Complaint a copy of any allegedly written requests which forms the basis of the Plaintiff s cause of action. 21. Pursuant to Pa.R.C.P. 1019(h) a pleading shall state specifically whether any claim or defense set forth therein is based upon a writing. If so, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not available to them, it is sufficient to so state, together with the reason, and to set forth the substance of the writing. 22. The alleged "request" allegedly made by one or both of the Defendants in this matter is material to the cause of action and thus, in accordance with Pa.R.c.P. 1019(h), must be attached as an exhibit to the Plaintiffs Complaint. 23. The Plaintiff has neither attached copies of the writings upon which it bases its purported allegations for breach of contract, nor has Plaintiff offered an explanation that its claim is based on oral communications. 24. Because Plaintiff has failed to attach copies of the purported writings upon which Plaintiff bases its cause of action, Plaintiff s Complaint fails to conform to law or rule of Court. WHEREFORE, Defendant Timothy Holtzman, respectfully requests that this Honorable Court dismiss the Plaintiffs Complaint as it pertains to Defendant Timothy Holtzman, individually, with prejudice and further award Defendant Timothy Holtzman all such other relief as is proper and just. COUNT III DEMUR - PURSUANT TO Pa.R.C.P.I028(a)(1) LACK OF JURISDICTION OVER DEFENDANT 25. Paragraphs I through 24 are incorporated herein by reference as if more fully set forth. 26. Plaintiff, Cumberland Publishers, Inc. d/b/a The Sentinel, filed its Complaint in the Court of Common Pleas of Cumberland County, Pennsylvania against Timothy Holtzman at West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. 27. In its Complaint, Plaintiff alleges that it published advertisements in its publication, presumably, for the benefit of Defendant West Short Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. 28. Timothy Holtzman, individually, is not a party to any contract, agreement, understanding, or request to or with the Plaintiff which forms the basis of the Plaintiffs cause of action as set forth in its Complaint. 29. The Complaint filed by Plaintiff does not allege that Timothy Holtzman, individually, is party to any contract, agreement, understanding, or request in connection with Plaintiffs publication of advertisements for the benefit of Defendant West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. 30. Plaintiff has failed to set forth, with sufficient specificity, any legal grounds giving rise to a cause of action against Timothy Holtzman, individually. 31. This Court does not have jurisdiction over Timothy Holtzman individually in this matter, in light of the fact that Timothy Holtzman is not a party to any contractual agreement, request, or understanding which allegedly forms the basis of Plaintiffs Complaint against West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. WHEREFORE, Defendant Timothy Holtzman, respectfully requests that this Honorable Court dismiss the Plaintiffs Complaint as it pertains to Defendant Timothy Holtzman, individually, with prejudice and further award Defendant Timothy Holtzman all such other relief as is proper and just. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. By: w~ rlc Henry W. an Eck, Esquire J.D. #830 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Date: ,- \l-~o1 CUMBERLAND PUBLISHERS, INC. d/b/a THE SENTINEL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TIMOTHY HOLTZMAN and WEST SHORE SUNSET DISTRIBUTORS, INC., d/b/a EAGLE OAK FURNITURE, INC., Defendants NO. 01-3426 CIVIL TERM JURY TRIAL DEMANDED VERIFICATION COMMONWEAL TH OF PENNSYLVANIA ss: COUNTY OF DAUPHIN I, Henry W. Van Eck, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Defendants, in the within action; that the Defendants cannot make verification to the Preliminary Objections to Plaintiffs Complaint because Defendants cannot timely come to Harrisburg to sign this Verification; that the Defendants cannot travel to Harrisburg, Pennsylvania to execute this verification prior to the filing of the Preliminary Objections to Plaintiffs Complaint; that it would be inconvenient for Defendants to travel to Harrisburg, Pennsylvania to file the Preliminary Objections to Plaintiffs Complaint personally; and that the facts set forth in the foregoing Preliminary Objections to Plaintiffs Complaint are true and correct to the best of their knowledge, information and belief. t w< Uw Henry W. an Eck, Esquire v SWORN and Subscribed to before me this 1!J1A day of Ju. / V ,2001. I Notarial Seal Unda B. Deaven, Notary Public Harrl~b~rg, Dauphin County My CommIssIon Expires Feb. 25, 2002 Member, Pennsylvanta Association 01 Notaries CERTIFICATE OF SERVICE I, Henry W. Van Eck, Esquire, do hereby certify that a true and correct copy of the Preliminary Objections was placed in the United States Mail, First Class delivery, postage prepaid on this date, on the following: Roger M. Morgenthal, Esquire Fisherman & Morgenthal 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.c. Date: 7-1 J-t>! By: Henry W J.D. #830 2320 North Second Street P.O. Box 60457 Harrisburg, P A 17106-0457 (717) 238-6570 II .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please mark the above action "Settled and Discontinued" as to Defendant Tim Holtzman only. The status of the action against the other defendant is not to be affected by this Praecipe. r /f7yU tu 'Roger M. MOr~SqUire ID #17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorneys for Plaintiff ~ (") c.::: - ~~ iJ \ '" nlr! -:7 -r-\ z(' (f) c:":.,' -<,' . Ct, )>r-- ~~:: 2..: -< -< ~:J .7, <:I:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter judgment in the above captioned matter against West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc., and assess damages in the amount of $2,600.06, together with interest from the date hereof and costs of suit. Note that the action against the other defendant, Tim Holtzman, was previously marked as "settled and discontinued;" and judgment is not to be entered against him. The defendant and its attorney, Henry W. Van Eck, Esquire, were given the ten- day notice of intention to take default judgment pursuant to Pa. R.C.P. 237.1 on August 15, 2001. A copy of said notice is attached hereto. Date: October 4, 2001 ~Z~!!!Z:;:- ID#17l43 SALZMANN, DePAULIS, FISHMAN & MORGENTHAL, P.c. 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LAW .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INC. .. JURY TRIAL DEMANDED .. To: West Shore Sunset Distributors, Inc., d/b/a Eagle Oak Furniture, Inc. And its attorney Henry W. Van Eck, Esquire: Date of Notice: August 15,2001 IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HA VE 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 NOTICE TO A LA WYER 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: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~/U~ Roger M. MorgenthaI, Esquire 10#17143 FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND PUBLISHERS, INC., .. .. D/b/a THE SENTINEL, .. .. Plaintiff .. .. vs. .. CIVIL ACTION - LA W .. .. .. TIM HOLTZMAN and WEST SHORE .. No. 01-3426 CIVIL TERM .. SUNSET DISTRIBUTORS, INC., d/b/a .. .. EAGLE OAK FURNITURE, INe. .. lUR Y TRIAL DEMANDED .. CERTIFICATE OF SERVICE I, Roger M. Morgenthal, Esquire, hereby certify that I have served a true and correct copy of the foregoing NOTICE upon the Defendants above named, by serving their Attorney, Henry W. Van Eck, Esquire, by United States Mail, First Class, Postage Prepaid, on August 15,2001, at the following address: Henry W. VanEck, Esquire CUNNINGHAM & CHERNICOFF, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 FISHMAN & MORGENTHAL ~~ JIJA~ Roger M. Morgenthal, Esquire ID#17l43 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff ("") ~=.) ~ t ~ ~ f'-: -- ~ .- ::-") t (-') j-.... 8 -----j ~ . '. ~ - )v ~ ..J ~ -. " , .. ~ w -'..) " 6"'" o~ -. ...{) J:-