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HomeMy WebLinkAbout05-3654 F :\F1LES\DA T AflLE\General\Current\6946.64.comfmah Created llf05fOl09:<1953AM Revised.07JI8J0503:00A9PM 8369.4 Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO PA. LD. Number 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff SHEDMAR PARTNERS, L.P., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05 - ,fEr CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants 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 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 LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: MidPenn Legal Services 513 Chestnut Street Lebanon, P A 17042 (717) 274-2834 SHEDMAR PARTNERS, L.P., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05 - 3t.-5't CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants COMPLAINT I. Plaintiff, Shedmar Partners, L.P., is a Pennsylvania limited partnership with an address of 4 South Lancaster Street, Jonestown, Pennsylvania. 2. Defendant Coin Op USA LLC, is a New York limited liability company, with a business address of 829 Seneca Street, Buffalo, New York 14210 (herein, "Defendant Coin Op"). 3. Defendant James Viscuglia is the President of Defendant Coin Op and maintains a business address of 829 Seneca Street, Buffalo, New York] 42] 0 (herein, "Defendant Viscuglia"). 4. On or about March 9, 2005, Plaintiff ordered certain goods from Defendants, including, but not limited to, washing machines and dryers for use in Plaintiff's business located at the address first stated above. 5. Plaintiff agreed to buy from Defendants, and Defendants agreed to sell to Plaintiff, among other things, 6 Washers and 4 Dryers (herein, the "goods"). See true and correct copies of the Invoices attached hereto as Exhibits "A" and "B," respectively. 6. Defendant Coin Op requested a deposit of$7,000.00 from Plaintiff before shipment of the goods would be made. The invoices were mailed to and received in Cumberland County, Pennsylvania. 7. Plaintiff paid Defendant Coin Op $7,000.00 up front. Plaintiff paid an additional $6,000.00 to Defendant Coin Op to satisfy the invoice and to ensure an immediate delivery of the goods. 8. Defendants failed to deliver, among other things, the goods as promised by Defendants on the dates requested by Plaintiff. 9. Defendants failed to deliver all of the goods at that time or at any time thereafter. 10. Sometime thereafter, Defendants delivered nonconforming goods consisting of 4 stacked dryers, non of which were the ones ordered by Plaintiff (herein, the "nonconforming goods"), to Plaintiff at the address first listed above. 11. In addition, the nonconforming goods were of less value and quality than what was promised to the Plaintiff by Defendants. The nonconformity of the nonconforming goods substantially impaired the value of the nonconforming goods to Plaintiff. 12. After a reasonable investigation by Plaintiff, including, but not limited to, Plaintiff determining the value and adaptability ofthe nonconforming goods to Plaintiffs business, Plaintiff took affirmative actions to seasonably notify and inform Defendants that the goods were nonconforming and would not be accepted by sending e-mails and leaving telephone messages with Defendants, its employees or agents. 13. In addition, Plaintiff notified Defendant Coin Op that they were canceling and rejecting their current order and revoking their acceptance of the invoice because of Defendants' failure to deliver conforming goods. 14. Plaintiff made numerous attempts to contact Defendants, but neither Defendants, nor its agents or employees would address or correct the issue regarding the delivery of the nonconforming goods. 15. The only communication received from Defendants was that the nonconforming goods would be picked up on June 10,2005, and deliver the goods that were promised. 16. Defendants never picked up or delivered goods on June 10, 2005, or any time thereafter. 17. Because of Defendants' failure to pickup the nonconforming goods that Plaintiff rejected, Plaintiff is forced to hold the nonconforming goods with reasonable care at the disposition of the Defendants for a sufficient time. 18. Presently, Plaintiff is incurring daily charges to store the nonconforming goods. 19. Defendant sent all invoices to Plaintiffs place of business in Cumberland County, Pennsylvania, and all invoices were paid by Plaintiffs in Cumberland County, Pennsylvania. COUNT I Breach of Contract Plaintiffv. Defendant Coin Op 20. Paragraphs 1-19 are incorporated herein by reference. 21. By way of the invoice and mutual oral agreement, Plaintiff and Defendant Coin Op agreed that Defendant Coin Op would provide Plaintiff with, among other things, the goods. See Exhibits "A" and "B." 22. Defendant Coin Op materially breached both the oral and written agreements between the parties to deliver, among other things, the goods to Plaintiffs business. 23. Plaintiff has incurred damages in excess of$13,OOO.OO. 24. Plaintiff also incurred damages because of Defendant Coin Op's failure to provide the goods in a timely manner and as promised. WHEREFORE, Plaintiff demands judgment against Defendant Coin Op in the amount of $13,000.00, plus costs of suit, interest from the date of payment, storage fees, all remedies permitted under the Uniform Commercial Code, consequential and incidental damages, attorneys' fees, and any other relief that the court deems appropriate. COUNT II Breach of Warranty Plaintiffv. Defendant Coin Op 25. Paragraphs 1-24 are incorporated herein by reference. 26. Defendant Coin Op delivered nonconforming goods that did not meet the quality or standard represented by Defendants to Plaintiff. 27. Defendant Coin Op's delivery of nonconforming goods was a breach of warranty. WHEREFORE, Plaintiff demands judgment against Defendant Coin Op in the amount of $13,000.00, plus costs of suit, interest from the date of payment, storage fees, all remedies permitted under the Uniform Commercial Code, consequential and incidental damages, attorneys' fees, and any other relief that the court deems appropriate. COUNT III Material Misrepresentation/Fraud Plaintiff v, Defendant Coin Op and Defendant Viscuglia 28. Paragraphs 1-27 are incorporated herein by reference. 29. Defendants delivered nonconforming goods that did not meet the specifications and quality represented by Defendants and requested by Plaintiff. 30. Defendants materially misrepresented, among other things, the quality and standard of the goods that Defendants promised to deliver. 31. Defendants fraudulently sold and delivered nonconforming goods to Plaintiff. 32. Defendants knew that the nonconforming goods were not what Plaintiff ordered, but still delivered the same to Plaintiff and then failed to correct the problem. Further, Defendants, its agents or employees, refused to discuss and/or correct the matter with Plaintiff after the delivery. WHEREFORE, Plaintiff demands judgment against Defendants in the amountof$13,000.00, plus costs of suit, interest from the date of payment, storage fees, all remedies permitted under the Uniform Commercial Code, consequential and incidental damages, attorneys' fees, and any other reliefthat the court deems appropriate. COUNT IV Uniform Commercial Code Plaintiff v. Defendant Coin Op 33. Paragraphs 1-32 are incorporated herein by reference. 34. Defendant Coin Op is a merchant under the Uniform Commercial Code, 13 Pa.e.S.A. S 2101 et al. (herein, the "UCC") and the Washers are defined as goods under the UCe. 35. Defendant Coin Op has failed to sell goods in compliance with the UCC and made an improper delivery to Plaintiff by delivering nonconforming goods. 36. Plaintiff has all rights and remedies granted to buyers under the UCC. 37. Plaintiff has rejected the goods under, among other sections, section 2602 of the UCC. WHEREFORE, Plaintiff demands judgment against Defendant Coin Op in the amount of $13,000.00, plus costs of suit, interest from the date of payment, storage fees, all remedies permitted under the Uniform Commercial Code, consequential and incidental damages, attorneys' fees, and any other relief that the court deems appropriate. COUNT V Quantum Meruit Plaintiffv. Defendant Coin Op 38. Paragraphs 1-37 are incorporated herein by reference. 39. Defendant Coin Op is liable to the Plaintiff and/or has been unjustly enriched in excess of$13,000.00. WHEREFORE, Plaintiff demands judgment against Defendants in the amountof$13,OOO.OO, plus costs of suit, interest from the date of payment, storage fees, all remedies permitted under the Uniform Commercial Code, consequential and incidental damages, attorneys' fees, and any other relief that the court deems appropriate. MARTS ON DEARDORFF WILLIAMS & OTTO By CLJ;L ?' ~ Christopher E. Rice, Esquire PA LD. Number 90916 Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 18, 2005 F.ROM' : CO'1 NOPUSA FAX NO. :7158403361 Mar. 10 2005 03:40PM P2 C.HI~()f)US~~ L.L.C. ---- ~,-_. ...-..,........ "'-""'.- ~.,,". '." ",~- ;'" .-...-.,,- -"""~.-. ....,~,,"--- COlNOPllSA, LtC ' Phone: 716-840-3363 WWW.COINOPlJSA.COM) FAX: 716-840-3361 829 SENECA STREET: SALES@C01NOPUSA. DUFFALONY 14210 COM I"-,'",,,,,~ .A P.O. #1296 I , , PURCHASE ORDER TODD SHe:DLOSKY SHEDMAR PARTNERS: 6346 N. POWDERHOR~ RD MECHANICSBUWlG PAi ~ 7050 DATE: 0$1109/2005 ' 1 PHONE: 717-421.8259 1 ~'AX: 7l7-697.8005 Aec LAUNDROMAT SHIP TO: 4 S L.ANCASTER ST JONESTOWN PA 170;SS HU~lBSCJ:I ao 2 Yl!;::1.~ AltRAN'l'Y~~.~~R'I'S ExcLtlDlNC 1l1lL'1'S ..,..j.... I I ; I , I ! I I I ! S'Ol3'flll'J1AL ~11,OOO,OO , SHlPl>mo ' $ n()WNM~.. . $7,000.00 TOTAL $7,OQO.OO !r..:u,:,H;_"~,'.'o!fll'-""''''J~,ny,\,...__''~J~''''r'''''''''''''''''~'-_'''~-'''''''*''' "'''_.'''_'''~ ~,~_",",., ".'00''', EXHIBIT "A" F;Rur1' : CUI NOPUm FRX NO. : ?J.E.8403361 f-1pr. I?f? 2\,05 1:\.: :'. JAM f';! ~ J I 1. ,~~ \"''OIN~~''.1::f]~. .......".. t~~~~~G..-:Jlt,~"".___~:"~~OO>>+'AIlQ.~f(4~~tt~ffilr1l:\.\I'Ii~l/I1j\tu 028 SENECA'STFtEET : ..<..".~,<"' .' . """"'" . '. . 60It>lOPlI$A" aUf'FALO, lilY '1421'0. .' , . ".' ,... ',..,,, . " 716.841)0.3363' ...<' I '. ...,,~ ' . SA4t::S@COINO"~ISA.C~ : . '~__ L' . _~ ~1iilIIIl\_~~N~~_IilIN/Ilt!:t~fflJlillllJfl4t,\."'~~'im.iliRIiftIl~~ll\ ,// ....P..O . 'II.' 1. 296 F1"'SEO l DAtE: APRll6, 05 Bill To: 'fillip To: [~~g~~~~~~~~:' . ~:~~g~~:n~~j~~T . ... I II 1"46NPOWBRHORN OAD IO_,OwN, VA I I MECIIANICSBURG, P 17050 .1 ! PH: 717-421..8259 \ ............. j' FAX:_ 717~6.97.!l5()5 ... '"' , , \, .~/ Req Iilv S'i'P VIA '-. : FOB e")'Clr T\ll'9'" ""1" . ... '.. .~~:-~-::-~~].~..~.~-~~.-~--.:~;:~...._...-.- .[--:.-..-------..-j "'-. ~ ~~_._............. I ~ ~ Ta..!!) [ Qt)' \ Item WMCO U",Il* W185 ,O""crlptlon l' UnIt I'r Total tl--..-.---.----....---,--...--.--...-.~----..T....... l.U'l BISHB D WASI-maS . SINGLE I -t :J'ACK,Il.OE PHAS. I ~. ---.-..- -.--.. -----...--.--t-....... . , l!lHEDGAS STACK 'DRYERS ............ ........ . ........ .... " .. .,...".........._..~ ----~._--- ---_........... 16" '4 , ..L_..,,_..:~_ Iitil!BSCH 301/ ----:\. ._-~._'-.. - -~-- .____~___.._..,.....,., ",~"""","'''~''W''' ..... .....~___'-___~ _.__l.____~_________..~..._., ......._",~ ,.,. ~,-,.".", '.,,' . 2 YEAR PARTS WARRANTY . ".......-. I .-..--..--..-............. .... ..... EXCI..j.JDlN<t BELl'S _I _~__"..-~.. r i , .'_-4_______.____._~. -----.-.........'......... i -----~"-,. ..~_.._.,..._.,_......-._~-_.,..._-,.,....~-_..~'.-.-...-..-~"-_..- .. --.t-.....---....-----,-------- , ---.1-..--.-.-..---.--.......----.......----... ----...-- ---.-.--... "......... ....!....--..--....---.....--..----...:::::::J::~:.:~:=:.::::: ..-f--- ---- -.......-.... $"lIItob.i $\3,000.00 n" SHIPPING lNCI:~~)~~j ) 1.~~:I:~~O:~~~...! MI." BeiQue EXHIBIT "B" VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information, and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Tod Shedlos ):0 VI:. c;- c ..c. <:::><> -U ~ (j .....' c:,;;:} 0 C. ':;;'0 ; . (.".J1 " ~ ~ c. .-/ V\ (--- fIi;:: r-::; ':"1 ,'. \..Co l-:;) - ~ <). ~ 7'"'" ::U ~ C) c;:) )rn --0 . ::--1 '. ~ -' ~j.J "C) ,< )::) ~ -{E,CtJ\ JU\, i R /10\ Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO PA. J.D. Number 90916 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff SHED MAR PARTNERS, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05 - 3654 CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants TO: COIN OP USA LLC, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the 362 day of ~'J,(nl- ,2005, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $13,000.00, plus interest, costs of suit, interest from the date of payment and storage fees for failure to file an Answer to Plaintiff(s) Complaint. Prothono Date: ~.....~* 30 J..ov5 I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Coin Op USA LLC 829 Seneca Street Buffalo, NY 14210 Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO PA. J.D. Number 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHEDMAR PARTNERS, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 3654 CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants Coin Op USA LLC and James Viscuglia in the amount of$13,OOO.OO, plus interest, costs of suit, interest from the date of payment and storage fees. I do hereby certify that written notice of intention to file this Praecipe was mailed to the Defendants at the address indicated thereon, on August 16,2005, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO Date: August 30, 2005 By Vlvv> h-L >' r7 Christopher E. Rice, Esquire J.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff . -S r p ~ f j; -. '^ .. '" <>0 .... c <A.. " "3 ...t ~ e t,r r- ot l>J 0 0 rr~ (") ....., (") Co=> S =, " <.n :~ --/ :1: c.: rn C G"J (....) \...,. CJ , c.-! ~-' (') 6 ;) rn (...,) ~:i; I./) .< Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO PA. J.D. Number 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff SHEDMAR PARTNERS, L.P., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff v. : NO. 05 - 3654 CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants TO: JAMES VISCUGLIA DATE: August 16, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 LA WYER, THIS OFFICE MAYBE 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, P A 17013 717-249-3166 MARTSON DEARDORFF WILLIAMS & OTTO /1 /' (, > 12- By l",/'Cv,-.h;rL._ . Christopher E. Rice, Esquire Attorneys for Plaintiff Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO PA. J.D. Number 90916 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff SHEDMAR PARTNERS, L.P., : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 05 - 3654 CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants TO: COIN OP USA LLC DATE: August 16, 2005 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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 LA WYER, THIS OFFICE MA Y 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 717-249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO .-/ i" f By (/L ~LyL 5 !2..v~.<.. Christopher E. Rice, Esquire Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certifY that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Coin Op USA LLC 829 Seneca Street Buffalo, NY 14210 James Viscuglia 829 Seneca Street Buffalo, NY 14210 MARTS ON DEARDORFF WILLIAMS & OTTO ii, Qc.V Dated: August 30, 2005 (") ~, (") C:.:, ,...,. ~-=> -r, ,. en :1'--., '-/ -r: c::- ir: :D (,-) r'''- -.., r"q (,) J S-:.J C) , _i 2~' ~ ) ;-"-'1 .' ", :"('1 C C) :.i .--; C.) ~~:,J --.:::: ..f:~- -< Christopher E. Rice, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO PA. J.D. Number 90916 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Plaintiff SHED MAR PARTNERS, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - 3654 CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants 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 MARTS ON, DEARDORFF, WILLIAMS & OTTO, attorneys for the Plaintiff(s) in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter a default judgment against the Defendants was given to them by mail on August 30, 2005. u J,J,- C; ~ Christopher E. Rice, Esquire Sworn to and sUbs~bed before me this,]o day of ~uJ:; ~itO_P, No, Public ,2005. COMMONWr,Al.I H 01 I'LNNSYLVANIA Notarial Seal Mary M_ Price, Notary Public Carlisle Bora, Cumberland County My Commission Expires Aug 18, 2007 Member Pennsylvania ASSOciation of Notaries r-' ~:~"7) c:;;, <.:.f\ -r.''" c: G-.\ C,..) CJ ?: -'-". t? , ' "'""~ .r:" Christopher E. Rice, Esquire MARTSON DEARDORFF WILLIAMS & OTTO PA. J.D. Number 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SHEDMAR PARTNERS, L.P., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05 - 3654 CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants 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, the Defendants above named (or business owner if Defendant is a business) is not in the military service of the United States of America, that he has knowledge that the said Defendants are located at: 829 Seneca Street, Buffalo, New York 14210. If Defendant is an individual, said Defendant's place of employment is unknown. C;2 4-L <7 IC-. Christopher E. Rice, Esquire Sworn to and subscribed before me this:J!!it day of ~~jU \l- ,2005. ~) 7"1 O~ No Public COMMUNWI" ,\1 I H OF PI'NNSYI VANIA Notarial Seal Mary M. Price, Notary Public Carlisle BarD, Cumberland County My CommisSIon Expires Aug. 18,2007 Me'T:h,'( 'I"S",~I"tlon ot Notaries .;.::- ,"", (~ C;;:;. C..!"l :-~ ~-- (") "'1', .;-' i~iiD --C:-Jiil ~ ! C) , i ,ore) ,-!;. Lv a S? c.t..) F :\FILES\DA T AFILEIGenerallCurrenl16946. 64 _aff servlmah Created- 11105101 09:49,5J AM: Revised: 081Jl!0512J736PM 8369.4 SHEDMAR PARTNERS, L.P., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 05 - 3654 CIVIL TERM COIN OP USA LLC, and JAMES VISCUGLIA Defendants AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certifY that a copy of the Complaint in the above captioned matter was mailed to Coin Op USA LLC, 829 Seneca Street, Buffalo, NY 14210, on July 19,2005, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated July 22, 2005. MARTS ON DEARDORFF WILLIAMS & OTTO By ce~ ). rL- Christopher E. Rice, Esquire Attorney ID No, 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Sworn to and subscribed before me thiS,~", day of August, 2005 !ct . l I " 4{., ,I.~ Nota ublic l ()MMt}NWFi\l_l'f1.DL=~;;' ;'JNSYLVANIA NutcH!,'1 :j08' Mary M. Pnl;!::: i\k...ary Public Carlisle Bora, CUlt'Denami County My Commission E~'DitP~ /-h,g 18,2007 MernbtH PenI1Svl\;;,;"" ;\0.-,. ,':'''"r> of Notaries · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Dellvety Is desired. · Print your name and address on the reverse 80 thet we cen return the card to you, · Allech this card to the back of the mailpiece, or on the front If space permits. 1. ArtIcle Addressed to: r1w OV? LAS~ LL c 8'~~~~h IJ~ tvl /lf~/tJ :'. 3. Service Type "!;If Certified Mall [J Expreso Mall ;tJ Registered 0 Return Receipt for Merchandise [J Insullld Mall [J C.O.O, 4. Restricted Delivery? (Extra Fee) 0 Va. PS Form 3811, February 2004 o.:.m.llc Return ~t 102595-02-M_154Q /T1 o o ..D U.S. Postal Service, CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Insurance Coverage ProvIded) IT' /T1 ..D ru Postage $ /T1 o o o Return ReceIpt Fee (Endorsement ReqUired) D Restricted Delivery Fee IT'" (Endorsement ReqUIred) /T1 o Cerllfled Fee $1. 75 $0.00 Total Postage & Fees $ H. 65 Lr) R Siniii.~ ~~.,Q.t.L $.. ~~::.~Pi4--~oZ.7. ___ __m'jU__ (") f"";; Jl;~j '/) -,.,~ -/'.';- r~ f.:j J:,:,--... C) I.D ,~ " ~ 1-" C,,," ',~,. :'I 1.'~J F\F1LES\DAT AFlLE\General\Current\6946.64.affserv .2/mah Created: 11/05101 09:49:53 AM Revised 08!31!05123802PM 83694 SHEDMAR PARTNERS, L.P., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05 - 3654 CIVIL TERM v. COIN OP USA LLC, and JAMES VISCUGLIA Defendants AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy ofthe Complaint in the above captioned matter was mailed to James Viscuglia, 829 Seneca Street, Buffalo, NY 14210, on July 19,2005, by certified mail, return receipt requested. Attached is the Post Office return receipt signed and dated July 22, 2005. MARTSON DEARDORFF WILLIAMS & OTTO /1/J-l 5.~ By L.-A-- ~ Christopher E. Rice, Esquire Attorney ID No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Sworn to and subscribed before me this 31st day of August, 2005 ~1'lO~ Nota Public COMMONWfALlll 01 P\"NNSYLVANIA Notarial Seal ~ary M. Pnce, Notary Public Carlisle Boro, Cumberland County My CommIssion Expires Aug. 18,2007 Mernher, ,J':l'li '/Iva';", .~SSOclatlon of Notaries . Complete Items 1, 2, and 3. Also complete ~em 4 If Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if -space permits. 1~le7i? V~~ r21~ltU~ ,~ (3~ tv j Ji:l/~ o Agent o Addressee C. 07 J lez.ery o. Is,deil from Item 1? 0 Yes rt YES:- enter delivery .~s below: D No 'i,' 3'iE=al~"~~~iptfor Merohandlse o Insured Mall 0 C,O.O. 4. Restricted Delivery? (Extra Fee) 0 Yes ~ _, 26319 5990 PS Fot'TT1 811, February 2004 DomMtIC R8tum Receipt .................- 102595-0241540 t I U.S. Postal SerVice" CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Cl [)""' [)""' Lr1 [)""' rn ..n ru postage $ suO.omv n21J C I rn o Certified Fee Cl o Return Receipt Fee (Endorsement Required) o Restricted Delivery Fee [J"" (Endorsement Required) rn Cl Total Postage & Fees $0.00 $ H.65 Lr1 ~ 'Si~.i.~"'i. :,-''' ~1~__~mn'n:m,:::'n::nn...- o:_~_~,~____..__.,.,l.,_2.~,.J~'__m..____.._--- City, ....., Z1I'+4 / () -:~; () -'C' :j C) c,; ~< J c, ~) .- ,~ >r"f ,.., ,'.- r' .