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Home My WebLink About87-0058WHITECO METROCOM, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 4 1987 : BARRY LINDSEY, t/d/b/a : CIVIL ACTION - LAW LINDSEY TRUCK TIRE : SERVICE, : 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 plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 249-1133 McNEES, WALLACE & NURICK B c Mar~J~ For~es P. O. ~ox 1166 100 Pine Street Harrisburg PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff WHITECO METROCOM, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. -S 1987 : BARRY LINDSEY, t/d/b/a : CIVIL ACTION - LAW LINDSEY TRUCK TIRE : SERVICE, : Defendant : COMPLAINT 1. Plaintiff is Whiteco Metrocom, Inc., ("Whiteco"), a corporation, with its principal place of business at 308 South Tenth Street, Lemoyne, Cumberland County, Pennsylvania. Plain- tiff is engaged, inter alia, in the business of selling, leasing, servicing and maintaining outdoor advertising signs and equipment. 2. Defendant, Barry Lindsey, is an adult individual trading and doing business as Lindsey's Truck Tire Service ("Defendant"), whose business was located at l105A Bridge Street, New Cumberland, Cumberland County, Pennsylvania, and is now located at 414 North Third Street, Harrisburg, Dauphin County, Pennsylvania. 3. Beginning on or about October 28, 1985, Defendant entered into a written bulletin display agreement with Whiteco (hereinafter "the Agreement"), in which Whiteco agreed to provide certain advertising services for the benefit of Defendant and to provide related services in connection therewith, all in accordance with the terms and conditions set forth in the Agreement. A true and correct copy of the Agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference. 4. Whiteco thereafter provided advertising and performed the services required in accordance with and pursuant to the Agreement. 5. The Defendant has failed to abide by the terms and provisions of the Agreement in that he has failed to make timely monthly installment payments of the contract sums due and owing to Whiteco according to this Agreement. 6. An outstanding balance due Whiteco from Defendant under the Agreement is $13,870.79. A true and correct copy of the billing and payment history for Defendant's account with Whiteco is attached hereto, marked as Exhibit "B" and incorporated herein by reference. 7. Section 9 of the Agreement entitles Whiteco to reasonable attorney's fees in the event Whiteco elects to collect any delinquent payments from Defendant. 8. Ten percent (10%) of the total amount due of $13,870.79 or $1,387.08, is a reasonable attorney's fee. 9. In Section 5 of the Agreement, Defendant agreed to pay to Whiteco a late charge in the amount of 1 and 1/2% per month on any unpaid amount that Defendant might owe to Whiteco, - 2 - which monthly charge is reflected on Exhibit "B" as of December 1, 1986. 10. Whiteco has regularly demanded, orally and in writing, that the Defendant pay the full amount due and bring his account current, but Defendant has failed to do so. 11. All conditions precedent with respect to the enforce- ment of the aforesaid Agreement by Whiteco against Defendant have been performed. 12. Plaintiff reserves the right to amend this complaint at an appropriate time up to and including trial of this action for the purpose of demanding payment for additional sums due at the time of the amendment. WHEREFORE, Plaintiff Whiteco Metrocom, Inc. demands judg- ment against the Defendant Barry Lindsey, t/d/b/a Lindsey Truck Tire Service in the sum of Fifteen Thousand Two Hundred Fifty- Seven and 87/100 Dollars ($15,257.87), together with interest and costs of this suit. McNEES, WALLACE & NURICK ~f~/~/~ ForbEs' P. ~ox 1166 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: January ~ , 1987 - 3 - VERIFICATION THOMAS E. BUCKWALTER, hereby verifies, subject to the penalties of 18 Pa. C.S.A. ~4904, relating to unsworn falsifi- cation to authorities, that he is the Vice President/ General Manager of Whiteco Metrocom, Inc., a corporation, the Plaintiff in the within action, and that as such officer is duly authorized to sign this Verification and that the facts set forth in the foregoing Complaint are true and correct based upon his information and belief. .~/ - Thomas/3~k-~alter Dated: January ~ , 1987 ' P.o. B°%~26 BULLETIN Harrisburg, PA 17105 [dHITE 'O DISPLAY 308 South Tenth Street METROCOM.~ AGREEMENT Telephone: (717) 763-8300 WHITECO 11148 OATE ~ /~P'~ AGREEMENT NO.~ ~EW ~RENEWAL ~ W32-3199-4 ADVERTISER ~/.~~ ~ ~ ~ c ~ We, the undersigned (hereinafter referred to as agree with Whiteco Metrocom, Inc., (hereinafter referred to as 'Whiteco") ADDRESS -/~ ~/~c. ~ to place in sunice and maintain an outdoor advertising display sub- ject to the conditions and instructions on the reverse side of this dis- /~ ~ ~~L~O0~ ~ playagreementforsuchpricespermonthforeachlocationasarein. ~ ~ ~. . day the copy is completed on the display and the remainder of that ~ month (the "proration period") plus SECTION1 DESCRIPTION OF ORDER ~~ ~o~/~ ~ PAINTED DISPLAY ~PAINTED DISPLAY--ILLUMINATED PAINTED DISPLAY WITH T~.~ --REGULAR ~.~,, (FROM DUSK TO~~) T~.E,,, REFLECTIVE TREATMENT LOCATION SIZE PRICE PER MONTH . and First 12 mos. 24th month ~th month 48th month ~h month In addition Io the forgoing monthly payments, Adve~iser shall pay Whiteco lot any pictorial, cu~ out, embellishment or an' er special treatment for the display on the ~sis of the square footage of such special treatment within thi~y (30)days of its receipt of notice from Whiteco of the cost lhe,eof. Said cost shall be calculated at a rate of (S /~- ~2 ) per square foot. If the bulletin(s) is to be periodically rotated to dilferent locations, adve~iser shall also pay to Whiteco a monthly mainlenance and rotation charge per square f~t. ACC e PTA N c'E:This display agreement shall not obligate Whiteco in any way until it is accepted and signed by an executive officer oO Whiteco or by the General Manager ot the ' office of Whiteco indicated herein. THERE ARE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DISPLAY AGREEMENT. THE PARTIES ARE BOUND BY SAME. WHITECO METROCOM~ INC, ADVERTISER A SUBSIDIARY OF WHITECO INDUSTRIES, INC. FIRM~AME P.O. ~o~154~ -- DISTRIB~ION: WHITE ~-R~ Off~ YELL~ CO~-~ EXHIBIT A P.O. Box*l~8 BULLETIN Harrisburg, PA 17105 ( f"IITECO 'DISPLAY 308 South Tenth Street METROCOM,~ AGREEMENT Telephone: (717) 763-8300 WHITEGO CUSTOMER NO. DATF~ ~- ~ ~ ~ ~ ~ AGREEMENT NO~~X ~EW ~RENEWAL ADVERTISER ~'~~ ~c~ ~ ~ We, the undersigned (hereinafter referred ,o as "Advediser")agree ~~ - - ' with Whlteco Metrocom, Inc., (hereinafter referred to as "Whiteco") ADDRESS ~/ to place in se~ice and maintain an outdoor advertising display sub- ject to the conditions and instructions on the reverse side of this dis- Z ~~ ~,~ ~ ~j, play agreement for such prices per month for each location as are in- --'~'~/~/~/'/~ di~t~ on this display agt.ment ~d to ~lntaln .id display fmm the ~ ~ ~ ~ , day the copy is completed on the display and the remainder of that month (the "proration period") plus : SECT,ON1 DESCRIPTION OF ORDER ~_~~~ ~ ~ PAINTED DISPLAY INTED DISP~Y--ILLUMINATED ~ PAINTED DISPLAY WITH ~.~, --REGULAR ~,, (FROM DUSKTO~ ~) ..E., REFLECTIVE TREATMENT ~':: LOC,T O. S ZE .R CE.ER ~g~/~.: ~O~~ Oh ~,'~ Proration Period 13ththrough 25, hthroug~ 37,hthrough ~d F*rst 12 mos. 24th month ~th monlh 48th month ~b month ~quare f~taOe of ~u¢h special treatment within th ~y (~) days of ils receipt of notice from Whiteco of the cost thereof. Said cosl shall be ¢~lcuMted ACC E PTA N C'E: This display agreement shall not obligate Wbiteco in any wa~until it is accepted and s~gned by an executive officer of Whtteco or by the General Manager of the - office of Whileco indicated herein. THERE ARE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE OF THIS DISPLAY AGREEMENT. THE PARTIES ARE BOUND BY SAME. WHITECO METROCOM, INC. ADVERTISER ADDRESS ~ .. TITLE t/Go.eta1 Hanage~ ~ Octobe~ ~, Z985 DATE SALES REPRESENTATIVE ~STRI~nON: ~ITE CO~-~m~ Off[~ OD ,,43a EXHIBIT A ~ z..,, ~ ~u,CO ~~ ~0 · l~ q z o x '"', x ~ ~ ['Ol~ 1 EXHIBIT SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA In the Court of Common Pleas of COUNTY OF CUMBERLAND Cumberland County, Pennsylvania No. 58 Civil 1987 Civil Action Law Complaint Whiteco Metrocom Inc. VS Barry Lindsey, t/d/b/a Lindsey Truck Tire Service WILLIAM K. BECK, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Tire Service Barry Lindsey, t/d/b/a Lindsey Truck , but was unable to locate them in York his bailiwick. He therefore deputized the sheriff of ~ Civil Action Law Complaint County, Pennsylvania, to serve the within On January 20, 1987 .... this office was in receipt of the attached return from York County, Pennsylvania. Sheriff's Costs: So answers: Docketing 18.00 _ . ...~y ~ ~ Service .~-~~f ~% ~.~'~ ~.~ S~ge 4.00 ~' WILLI~ K. BECK, Sheriff Out .of County York County 18.10 $ 45.10 pd .by Sworn and subscribed to before me arty 1-20-87 ~rotnonotary In The C~ urt· ~f C~mrnon P~e~.m o~ Curnbed,::nd C~unt'y, Penns',/Iv,::nic: Whiteco Metrocom, INc. Barry Lindsey t/d/b/a Li~n~sey Tire Service 58 Civil 87 ~o. ~g...__. 58 Civil Term, 1987 Civil Action Complaint Sezwedthe~r]th;- .......................... Barry Lindsey t/d/b/a Lindse¥ T~ck Tir~ g~rv~e_ .... the within n~,,~ed defendants by handing to and leaving' with ............ ..B~....r_ry...L..$..n~..s..eF ........... "'[' copies York County Prison, 1155 Williams Rd., ~t b-ue and attested ~f the s,~e at ......................................................................................... ~' York, Pa. 12: 00 P Janua.r~ i]~..i~B2 ..................................................... at ........................ O'clock .... '....M., ................................ him of the contents thereof. and informed ................................................................................................ Sheriff's Costs $ 18.10 Paid So Answers, Sworn of this .... ./..~/i~:-.~-?. .... day of ............. ~'~':'"':~'~:'~'~ ....... "~ ........... s~.~. o, ~o~ coo~"r~ .OS~--~ARv ~. s0'0Mo~ NOTARY PUBLIC City of York, York Co., PA My Commission Expires Dec. 10, 1990 WHITECO METROCOM, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 58 CIVIL 1987 : BARRY LINDSEY, t/d/b/a : LINDSEY TRUCK TIRE SERVICE, : Defendant : CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Pursuant to Pa. R. Civ. P. No. 1037(b), enter judgment in favor of Whiteco Metrocom, Inc., Plaintiff in the above- captioned action, and against Barry Lindsey, t/d/b/a Lindsey Truck Tire Service, Defendant in the above-captioned action for failure to file an Answer to Plaintiff's Complaint within twenty (20) days from the date of service of said Complaint and assess Plaintiff's damages as follows: Principal and interest in the sum of Fifteen Thousand Four Hundred Eighty-Six and 74/100 Dollars ($15,486.74) which con- sists of $15,257.82 as principal and $228.87 as interest, plus costs of suit. I hereby certify that a written Notice of Intention to File this Praecipe for Entry of Default Judgment was given in accordance with Pa. R. Civ. P. No. 237.1; a true and correct copy of the aforesaid Notice is attached hereto. I hereby certify that the last known address of the Defen- dant, Barry Lindsey, t/d/b/a Lindsey Truck Tire Service is c/o York County Jail, 1155 Williams Road, York, York County, Pennsylvania 17401. McNEES, WALLACE & NURICK Mar~/~ane Forbes 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff Date: February2~, 1987 - 2 - WHITECO METROCOM, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 58 CIVIL 1987 : BARRY LINDSEY, t/d/b/a : CIVIL ACTION - LAW LINDSEY TRUCK TIRE SERVICE, : Defendant : NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT TO: BARRY LINDSEY, t/d/b/a LINDSEY TRUCK TIRE SERVICE DATE OF NOTICE: February 12, 1987 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 249-1133 McNEEs, WALLACE & NURICK ~fy~ane Forbes ~ ~l/0~Pine Street P.'~O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff RE: Whiteco Metrocom, Inc. v. Barry Lindsey t/d/b/a Lindsey Truck Tire Service No. 58 Civil 1987 U.S. POSTAL SERVICE CERTIFICATE OF MAILING ^ 155 Willi~ ~ad MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, FOR INSURANCE -- ~STMASTER PS FORM *U.S. ~E~MENT PRINTING MAY 1976 3817 WHITECO METROCOM, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 58 CIVIL 1987 : BARRY LINDSEY, t/d/b/a : LINDSEY TRUCK TIRE SERVICE, : Defendant : CIVIL ACTION - LAW NOTICE OF ENTRY OF JUDGMENT TO: BARRY LINDSEY, t/d/b/a LINDSEY TRUCK TIRE SERVICE, Defendant c/o York County Prison 1155 Williams Road York, PA 17402 You are hereby notified that on ~~ c~, 19~ the following Judgment has been entered against you in the above-captioned case in the total sum of $15,486.74, which consists of $15,257.82 as principal and $228.87 as interest, plus costs of suit. PROTHONOTARY ~ I hereby certify that the name and address of the proper person(s) to receive this notice under Pa. R. Civ. P. 236 is: Barry Lindsey, t/d/b/a Lindsey Truck Tire Service c/o York County Prison 1155 Williams Road York, PA 17402 McNEES, WALLACE & NURICK Attorneys for Plaintiff