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Home My WebLink About06-0464 COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM '>>~l-'- .1. DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. Olr 1./ L 1/ {.! , L/I L JUDICIAL DISTRICT NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court at Common Pleas an appeal hom the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLANT Sba_ull 2c~ui~L::alt and. 8u~.)ply ca,:r::aJ.y ADDRESS OF APPELLANT 100 i':arket Street MAG. DIST. NO. OR NAME OF D.J Cb.a..rles Cla:e:..-,:.-t OS-J.-Cl CITY Le.-:D'lyne STATE FA ZIP CODE !704:J DATE OF JUDGMENT IN THE CASE OF (PLAINTIFF) (DEFENDANT! 12/30/05 _ Il:c.~st".:"~ a 1 Tec:r~-:o i OC"ies vs. S~laull Zc.1.2 oj ~::~:::,.e;-:t a..:.:c St:7:) ~" CC SIGNATURE ~ELLA TORI'l!S'ATTO~EY OR AGENT // --<,.?!,yj- . (: I / ~/--<>_/ // A/-c-C~~.-:;-c_-A . . / -- (.. ..:..J-i ;:ft. 7/( >>.- CLAIM NO. -~_.L -- cv YEAR _~i.-~':13_.:L LT YEAR __ ____._.__ __ __ _n This block will be signed ONLY when this notation is required under PA R.C.P.J.P. No. 1008B. This notice at Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. II appellant was Claimant (see PA R.C.P.J.P. No. 1001(6)) in action belore district Justice, he MUST FtLE A COMPLAINT within twenty (20) days after Iiling his NOTICE 01 APPEAL. Signature of Prolhonutary 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 trom copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon A"J?'.ieC:. T!":opstr':a] r~;ec.i.-:'--.?'o2.QQies____________, appellee(s), to file a complaint in this appeal Name of appel/ee(s) - (Common Pleas No. ) within twenty (20) days after service of rule or sufterer;tD-1f judgme~t of non pros. ----- '"'\ --~ Sig~","i;!r:;:;,;'" ~:;:~::(:g8ni f OJ.' C / "",",'o"{)'nc'OR ,appellee(s) I c. C: RULE: To 2.'.'..:-::';)'1l ~P-C. T'!"r;l~c:t-"""~r-; ~ - Name of 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 01 service of this rule upon you by personal service or by certified or registered mail. (2) It you do not me a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU UPON PRAECIPE. (3) The date of service at this rule if service was by mail is the date of the mailing. Date: j Ilff] :1- Y , Year )(L11~_ C~ tii; Signature of fa White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J. Copy Deputy Proth. - 76 ::'") 1...':') N a: N ~~1d ~ .0:;:- -::; i= 1.1_ o ...,~,:> ,,~ C~-..J '"" 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 ; S5 AFFIDAVIT: I hereby swear or affirm fhat I served o a copy of the Notice of Appeal, Common Pleas No. _ ______u____.______n _n_ __' 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 the above Notice of Appeal upon the appeJJee(s) to whom the Rule was addressed on _____ _, year _ ______, 0 by personal service 0 by (certified) (registered) mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS__._DAYOF___ _.YEAR.___ Signature of Affiant Signature of official before whom affidavit was made Title of official My commission expires on _____ __ __' year ___ COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUliIBE:RLAlIID Mag. Dist.No.: 09-1-01 MDJ Name: Hon CHARLES A. CLDENT, JR Address: 400 BK.I:DGE ST OLOE T01flllE COMHOIIS -StrI:TE 3 JIEW CUMBE:RLAlIID, PA Telephone: (717 ) 774-5989 17070 ATTORNEY DEF PRI:VATE : JOBlll W. PUH.CELL JR PUH.CELL ntrG &: 1719 II FK.ONT ST BARRI:SBUH.G, PA 17102 THIS IS TO NOTIFY YOU THAT: Jlldgment: NOTICE OF JUDGMENTITRANSCRIPT CIVIL CASE PLAINTIFF; NAME and ADDRESS ~PLI:ED I:HDtrST.RI:AL TECBlIlOLOGI:ES I PO BOX 11848 C/O I01trPP, KODAX &: I:MBLOH ~I:SBUH.G, PA 17108-1848 ~ VS_ DEFENDANT: NAME and ADDRESS 'sHAULL EQtrI:PMEJIT AND SUPPLY COMP~ 100 MARKET STREET D/B/A SHAULL MACBI:NE SHOP ~EMOYJIE, PA 17043 ~ . Docket No.: CV-0000719-05 Date Filed: 11/16/05 Jlldgment was entered for: (Name) DEFAULT JUDGMENT PI,TF a'P'PT.TllTl TwnnATVTaT. T'Rl"'R1iI'nT.n~Tll [iJ [iJ Jlldgment was entered against: (Name) in the amollnt of $ RlIlIm,l. EQUTPMRHT liNn l'ltTPPI.Y COMPlINY 12/10/0<; . . <;,A42 '19 on: D Defendants are jointly and severally liable. D Damages will be assessed on: D This case dismissed withollt prejudice. D Amount of Judgment Subject to AttachmenV42 Pa.C.S. S 8127 $ o Portion of Jlldgment for physical damages arising out of residential lease $ (Date of Judgment) (Date & Time) Amount of Judgment $ 5.723.39 Judgment Costs $ 119.00 Interest on Jlldgment $ .00 Attorney Fees $ .00 Total $ 5,842.39 Post Judgment Credits $ Post Jlldgment Costs $ ------------ ------------ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FlUNG A I~OTlCE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGEMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, AL/C.l'uflttleR PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAYBE ISSUED B~~i~~AGI~V:R1AL diSTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERE1'ED IN"fH~ JUDG~ENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMIOI\1T DE8TOfl PAYS IN FULL, j, . "- :,/. '-"," SETILES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. l ."'.iif':. '" ,,; I ,. .. I.." ilv'~,': .~.~. OCt 3 g ?nnSDate ~ .~- .' ." .} , Magisterial o.istri.ct.JI~dge ;'-'~ 1 certify that thi.s i.s a true and correct copy of the record of the proceedings containing the judgment. Date My commission expires first Monday of January, 2008 AOPC 315-05 DATE PK.I:NTED: 12/30/05 , Magisterial District Judge SEAL 2:23:28 PM c~ ~<:? r, 9-- U\ . .. ~~ ~ ~ ~ _~~ V ..c:- ~ ~_\.J~ ~ v-J ~ (J'. y; -Q -:;:.? -~-- (....: <:;; ~ r ~ 0'..... .....-- -;<- -.. s: ~" ..fl- Y 0, r ,...-- ~ 0- yo ,. u ~ -ow rnr,-i ;:1 ~. I ()',"L_ -/ . r::t-j <.. ~;C') ~-;:;.' (J ).'-:>'(-- ~ ., ~ c= 0. L. :t :;.'-: t.: o -n .-, ~fn -a;",!1 ;"'~~l'J ~~l"/ (::) ;~,~ 2.:S ,.'t ~ .0 :rJ -<. f:,? (- ..~ L'\ PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof at service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the notice of appeal. Check applicable boxes) COMMONWEALTH OF PENNSYLVANIA COUNTY OF :Jauphin ; 55 AFFIDAVIT: I hereby swear or affirm that I served D a copy of the Notice of Appeal, Common Pleas No. :Yj-L:_6L: _ ~___, upon the District Justice designated therein on (date of service) T ar.'l ar::~ ') '; _ ___, year 7('~~-6 D by personal service {J by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name I~.D~lie(: I_n(h.1._~Ltria 1 Ted;ro_102-ie_I~L _________ ,on __ _~_aE'~~ry 2~:, , year _ ~/_~_r:~___, 0 by personal service:rn by (certified) (registered) mail, sender's receipt attached hereto. GJ 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 ___-:!anuary }f. ______, year _ 2~Jr~ D by personal service ~ by (certified) (registered) mail, sender's receipt attached hereto. , . .7) !-,l!ii;~ \.....,. SWORN (~FF:dED) ANDPjBSCRIBED BEFORE ~E TH.41~S.. .,~, (L. DAYO.F)~i..I, . YEARL!L ;;::'-h .. ' ".;k"44 ~t 7 / 1}u/J:1l~ . . ~~f offICial before w 8m affidavit was made m ;!OJ:1Y) Pr/b'lJ L Title of official ' C) ILl:. / -)rJ My commission expires on ----.L,_~, year -J- COMMONWEALTH OF PENNSYLVANIA , 1";:-,;.-.irialSeaJ ~ E. Prus",,,;/<, Notal}' Public M~~r"'.Oduphin County Expo",. Sept. 26, 2009 Member, Pennsylvania As SOClahon of Notaries COMMONWEALTH OF PENNSYLVANIA NOTICE OF APPEAL COURT OF COMMON PLEAS FROM JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT .:.. COMMON PLEAS No. NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal trom the judgment rendered by the District Justice on the date and in the case mentioned below. NAME OF APPELLArir MAG. 015T. NO. OR NAME OF D.J. '-l"~~'. :c. ~ .:>';,';' '_ ADDRESS OF APPELLANT CITY STATE liP CODE !,Il.::l.,X.' IN THE CASE OF (PLAINTIFF) (DEFENDAN n DATE OF JUDGMENT "..c.! -.J ". CLAIM NO : "'~;',-"::.~':L, .,...... vs. ...,K~'., t::.i.,~7' -." SIGNATURE OF APPELLANT OR HIS ATTORNEY OR AGENT 1. CV YEAR :.....'2.<,c~n.li, i.l..~ ~ L T YEAR This block will be signed ONLY when this notation is required under PA. R.C.P.J.P. No. 1008B. This notice ot Appeal, when received by the District Justice, will operate as A SUPERSEDEAS to the Judgment for possession in this case. If appellant was Ctaimant (see PA R.C.P.J.P. No. 1001(6)) in aclion before district Justice, he MUST FILE A COMPLAfNT within twenty (20) days after filing his NOTICE of APPEAL. Signature of Prothonot.1ry or Depllty 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 10 be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon . ".>. .. 'ke ,. ,'_,~~ ~n..~_' appellee(s), to file a complaint in this appeal Name of appellee(s) (Common Pleas No. .__ ._ ) within twenty (20) days after service of rule or suffer entry of judgment of non pros. RULE: To Siqnature of appellant or his attorney or agent :1 Name of appellec(s) . appellee(s) (1) You are notified fhat 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 q;fte of service of this rule if service was by mail is the date of the mailing. Date: ; {1"1 ,'. ,j },.. 't , Year ~(}O~ J... ~'j It 'I ,~ ....'~ Signature of ProtllOnotary qr Deputy White Green Yellow Pink Gold Prothonotary Copy Court File Copy Appelant's Copy Appellee Copy D. J Copy Proth. - 76 , ) . NO. 06-464 CIVIL . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D-:J .~v-\~o \ft\e.\>y.,~\"').' \.\00 ~'d~ ":YT- O\~e.-')o"""~""'",,",, 'S1c 3 N <::"w ~'^'^^ \'e.v~",~, \'A \I\OC\O 3. Service Type ll!-Certlfled Mall 0 Express Man D Registered 0 Return ReceIpt for Merohandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (7/"ansferfromservlcelabel) '\00;;>- "'-1100 QOOd-. fjo"'~ ~ 5:J1} PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M.1540 . Complete items 1, 2, and 3.-Also complete Item 4 ~ 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. ~~:;s~~06~'- ~ \ \ ~\)\V\V"'I\ \).0 ~r- \ \oLf8" ~YV- \5'0,-\ ~ YFi \f) \ Q ~ \tlL-\~ 2. Article Number (7/"ansfer from service I_Q ~ Q 0 ?- PS Fonn 3811, August 2001 D. Is delivery address different from item 1? If YES, enter delivery address below: o Agent Addressee ateof~ 6LM DYes DNa 3. Service Type ~certifled Mall 0 Express Mall D Registered D Return Receipt for Merchandise o Insured Mail D C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Ql.t~<J 000 d-- \")00"\",\ 1)5d-. \ 102595-02-M-1540 Domestic Return Receipt APPLIED INDUSTRIAL TECHNOLOGIES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-464 CIVIL SHAULL EQUIPMENT AND SUPPLY COMPANY Doing Business As SHAULL MACHINE SHOP Defendant CIVIL DIVISION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 an 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 ajudgment 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 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 TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 F:IUSERIROBINICCP&DJ CMPSICCP COMPLAINTSlAppliedlndustriaITech.31 050. wpd:06Feb06 APPLIED INDUSTRIAL TECHNOLOGIES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-464 CIVIL SHAULL EQUIPMENT & SUPPLY COMPANY Doing Business As SHAULL MACHINE SHOP Defendant CIVIL DIVISION - LAW COMPLAINT ThePlaintiff, APPLIED INDUSTRIAL TECHNOLOGIES, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of FIVE THOUSAND EIGHT HUNDRED FORTY TWO DOLLARS AND THIRTY NINE CENTS ($5,842.39), along with interest thereon at the statutory rate from June 26, 2004 upon a cause of action of which the following is a statement: I. The Plaintiff, APPLIED INDUSTRIAL TECHNOLOGIES, is a corporation organized and existing under the laws ofthe State of Ohio, having its principal office and place of business at One Applied Plaza, Cleveland, Ohio 44115. 2. The Defendant, SHAULL EQUIPMENT AND SUPPLY COMPANY Doing Business As SHAULL MACHINE SHOP, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 200 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's Statements of Account hereto attached, marked Exhibit" A" and made a part hereof, Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise to Defendant in the total amount of Thirteen Thousand Seven Hundred Twenty Three Dollars and Thirty Nine Cents ($13,723.39). 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. F:\USER\ROBJN\CCP&DJ CMPS\CCP COMPLAINTS\AppliedlndustrialTech.31 050. wpd:06Feb06 2 5 Plaintiff's invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 6. The Defendant paid to Plaintiff on account of the aforementioned charges the amount of Eight Thousand Dollars and Zero Cents ($8,000.00). 7. Due to Defendant's neglect and refusal to pay the account as aforesaid, Plaintiff was forced to seek remedy in the lower Court thereby incurring costs in the amount of One Hundred Nineteen Dollars ($119.00), for which Defendant is further liable. 8. The balance due and owing by Defendant to Plaintiff is the sum of Five Thousand Eight Hundred Forty Two Dollars and Thirty Nine Cents ($5,842.39). 9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FNE THOUSAND EIGHT HUNDRED FORTY TWO DOLLARS AND THIRTY NINE CENTS ($5,842.39), along with interest thereon at the statutory rate from June 26, 2004. Respectfully submitted, KNUPP, KODAK & IMBLUM, P.C. ~' Robert D. Kodak, Esquire 407 North Front Street Post Office Box # 11848 Harrisburg, P A 17108-1848 (717) 238-7151 Attorney ill No. 18041 Attorney for Plaintiff F:IUSERIROBlN\CCP&DJ CMPSICCP COMPLAlNTSlAppliedlndustrialTech.31 050. wpd:06F eb06 ~=~==~=====~======~=~===~============== S TAT E MEN T 0 F Ace 0 U N T SHAULL EQUIPMENT&SPLY CO BOX 612 LEMOYNE PA 17043-0612 Remit To; Applied Industrial Technologies 22510 Network Place Chicago IL 60673-1225 Invoice Invoice Reference Number Date Number 14607628 01/07/04 14608345 01/07/04 34783 14608346 01)07)04 34772 14608781 01/21/04 35012 14608699 01/22/04 34984 14608832 01/27/04 35025 14608886 01/27/04 35042 14608983 02/02/04 35058 14609036 02/02/04 35070 14609064 02)02)04 35075 14609065 02/03/04 35075 14609195 02/09/04 35122 14609522 02/24/04 35209 14609589 02/24/04 35209 14609596 02/24/04 35224 14609606 02/25/04 35209 14609634 02/25/04 35209 14609644 02/26/04 35245 14609651 02/26/04 35249 14609738 03/01/04 35275 14609883 03/05/04 35322 14609911 03/09/04 35297 14609989 03/10/04 35297 ACCOUNT AGING Current 31 60 .00 .00 open Amount 31.85 1,482.04 2,438.45 14.24 433.14 229.09 134.11 169.65 420.00 3.14 16.89 1,858.58 771.47 2,207.37 39.63 410.20 279.39 498.80 567.9S 73.85 31.57 818.79 154.94 61 - 90 .00 Discount Taken .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 91 - 120 2,145.90 I ~arr Payments Recei ved Over 120 10,939.24 . -r.'-l ,. . Page Date Account Statement No Branch phone # - Adjustments .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 6(7 7 d- ; ~., _:n 1 06/25/04 1468499 2177697 Butler (724) 283-3434 OUtstanding Balance Due 31.85 1.482.04 2,438.45 14.24 433.14 229.09 134.11 169.65 420.00 3.14 16.89 1,858.58 771.47 2,207.37 39.63 410.20 279.39 498.80 567.95 73.85 31.57 818.79 154.94 TOTAL BALANCE DUE 13,085.14 I S TAT E MEN T 0 F Ace 0 U N T SHAULL EQUIP & SUPPLY CO PO BOX 612 LEMOYNE PA 17043-0612 Remit To: Applied Industrial Technologies 22510 Network Place Chicago IL 60673-1225 Page Date Account Statement No Branch Phone # Invoice Invoice Reference Number Date Number Discount Taken Open Amount Payments Received Adjustments - - - - - - - - - - ~ .- - - - - - - - - - - - ~ - - - - -- ------------------------- ------- ---------------- ------------ 13 863 73 11/08/02 45545 92 .15- .00 .00 .00 13846233 12/06/02 19674 25.65 .00 .00 .00 13847812 02/28/03 LS38360 59.67 .00 .00 .00 1386521 06/09/03 49727 65.45- .00 .00 .00 13849727 06/04/03 20593 329.09 .00 .00 .00 13849828 06/09/03 20593 263.64 .00 .00 .00 1386716 06/09/04 56686 117.80- .00 .00 .00 13856686 06/08/04 022122 235.60 .00 .00 .00 ACCOUNT AGING Currer'lt 31 - 60 61 - 90 91 - 120 Over 120 117.80 .00 .00 .00 520.45 1 06/23/04 1388037 2177654 Harrisburg (717) 564-8780 OUtstanding Balance Due 92.15- 25.65 59.67 65.45- 329.09 263.64 117.80- 235.60 TOTAL BALANCE DUE 638.25 CONTINUED VERIFICATION ROBERT D. KODAK, ESQUIRE, verifies that he is the attorney and agent for the Plaintiff herein, that the Plaintiff's verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Plaintiff, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. / A~ ROBERT D. KODAK, ESQUIRE / Dated: 2/22/06 CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on February 22,2006, I seNed a true and correct copy of the COMPLAINT in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: JOHN W. PURCELL, ESQUIRE PURCELL KRUG & HALLER 1719 N FRONT STREET HARRISBURG, PA 17102-2392 KNUPP, KODA BLUM, P.C. ~~ Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff Dated: FebruaN 22. 2006 c~ ('- p-~ -;-1 .~. '.. L0 ,", t~ (~ U) GENEVIEVE M. RODDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 06-490 CIVIL DENNIS R. HOSKINS, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: Genevieve M. Roddy, plaintiff, and Samuel L. Andes, Esquire, Attorney for defendant You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or ajudgment may be entered against you. Turner & O'Connell .........~~ By L//~ ~/ James H. Turner, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 GENEVIEVE M. RODDY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 06-490 CIVIL DENNIS R. HOSKINS, Defendant CIVIL ACTION - LAW ANSWER WITH NEW MATTER I. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The plaintiff never made any loans to the defendant. The payment in question was a gift based upon family relationship. 5. Denied. The plaintiff never made any loans to the defendant. The payment in question was a gift based upon family relationship. It is further denied that Exhibit A is in fact a copy of the items in question as defendant has had no opportunity to review the originals as they are in the possession of plaintiff. 6. Admitted and denied. It is admitted that defendant has made no payments. Any characterizations of the transactions in question as loans is denied. WHEREFORE, defendant requests your Honorable Court to dismiss the complaint in question. New Matter 7. The alleged loan referred to in paragraph 4 was made in August 2001. 8. Defendant has never made a payment to plaintiff of said alleged loan. 9. The plaintiff's claim as to the alleged loan dated August, 200 I, is barred by the statute of limitations. WHEREFORE, defendant requests your Honorable Court to dismiss the complaint in question. ~~- J es H. Turner, EsqUire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for defendant SUBSTITUTED VERIFICATION I, .James H. Turner, Esquire, attorney for Dennis R. Hoskins, hereby verify that I am fully familiar with the facts of the within case; that the facts set forth in the foregoing are true and correct to the best of defendants' knowledge, information and belief, all as related to the undersigned by defendants; that I have been authorized to execute this verification on behalf of defendants. The undersigned understands that this verification is made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: February 22, 2006 --~ // ....-: -'- -- . (//'-".- / /,/ .' .James H. Turner, Esquire Certificate of Sen'ice I, Stacey A. Fogle, secretary in the law firm of Turner and O'Connell, hereby certify that I served a true and correct copy of the foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: Samuel 1. Andes, Esquire 525 North l2'h Street Lemoyne, PA 17043 Date: 02/22/06 'l3tncurf1i-~ /~acey A. Fogle C) 1"-..\ () -jj ~-, \"" Co.,) :-:) I,) APPLIED INDUSTRIAL TECHNOLOGIES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 06-464 CIVIL SHAULL EQUIPMENT AND SUPPLY COMPANY Doing Business As SHAULL MACHINE SHOP Defendant : CIVIL DIVISION - LAW TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) SHAULL EQUIPMENT AND SUPPLY COMPANY Doing Business As SHAULL MACHINE SHOP, named for failure to file within the required time an Answer to the Complaint in the above-captioned case and assess the Plaintiff's damages as follows: Amount claimed in Plaintiff's Complaint $5,842.39 Interest from June 26, 2004 at the Statutory rate of 6% per annum $628.04 Total $6,470.43 It is hereby certified that a written notice of intention to file this Praecipe was mailed to the Defendant(s) and his attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached. KNUPP'~... ~~C BY~~ Robert D. Kodak, Attorney for Plaintiff DATED i!IJfL\ L J.l.J, d-.OOb Judgment entered and damages assessed as above. Prothonotary , LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION 407 NORTH FRONT STREET POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Telephone: 717/238-7159 Facsimile: 717/238-7158 email: kki.law@verizon.nel r . ,- h~' L Robert E.. Knupp (1909-1976) Robert H. ~aurer (1923-1998) Robert L. Knupp Robert D. Kodak Gary J. Imblum March 22, 2006 SHAULL EQUIPMENT & SUPPLY CO DBA SHAULL MACHINE SHOP C/O JOHN W PURCELL ESQUIRE 1719 NORTH FRONT STREET HARRISBURG PA 17102-2392 RE: Applied Industrial Technologies VS: Shaull Equipment and Supply Co. dba Shaull Machine Shop No. 06-464 Civil, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 31050 Greetings: In accordance with Pennsylvania Rules of Civil Procedure 237.1 (a)(2), we are enclosing herewith a Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the Complaint filed against you to the above term and number, and/or an attorney has not entered an appearance on your behalf. Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set forth in said Complaint. Very truly yours, KNUPP, KODAK & IMBLUM, P.C. Robert D. Kodak, Esq. RDKlkqb enclosure cc: VICKIE DEJONGE VOSS MICHAELS LEE & ASSOC IN PO BOX 1829 HOLLAND M149422-1829 I!XHlBIT I~ #108972*IL ~ r " APPLIED INDUSTRIAL TECHNOLOGIES : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-464 CIVIL SHAULL EQUIPMENT AND SUPPLY COMPANY: CML DIVISION - LAW Doing Business As SHAULL MACHINE SHOP Defendant IMPORTANT NOTICE TO: SHAULL EOUIPMENT AND SUPPLY COMPANY DBA SHAULL MACHINE SHOP, Defendant( s) DATE OF NOTICE: MARCH 22. 2006 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 WITIDN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIESTHAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LffiERTY A VENUE CARLISLE PA 17013 (717) 249-3166 EXHIBIT t 6 ]d () -b.. C 7'\L -a \i- S- 0 <" >~ CY .,1 .'.\ r ~ .,. -- -cJ " ~ -- .-- , j ("- tv P- i') -.0 C) ,. ~ ~ Ilr 32- - f\ ,t \'~ n' (.j' ~ ......, APPLIED INDUSTRIAL TECHNOLOGIES Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-464 CIVIL SHAULL EQUIPMENT AND SUPPLY COMPANY Doing Business As SHAULL MACHINE SHOP Defendant : CIVIL DIVISION - LAW TO: SHAULL EOUIPMENT AND SUPPLY COMPANY D/B/A SHAULL MACHINE SHOP, Defendant( s) You are hereby notified that on (J .'\ Il ; l ..1 Y , 201?'- the following (Judgment) has been entered against yo~e above-captIOned case. Judgment entered in the amount of $6.470.43. DATE: .If hLf /1')1--, I I Prothonotary I hereby certifY that the name and address of the proper person(s) to receive this notice is: SHAULL EQUIPMENT & SUPPLY CO DBA SHAULL MACHINE SHOP C/O JOHN W PURCELL ESQUIRE 1719 NORTH FRONT STREET HARRISBURG PA 17102-2392 AI SHAULL EOUIPMENT AND SUPPLY COMPANY D/B/A SHAULL MACHINE SHOP, Defendido/a Defendidos/as Por este medio se Ie esta notificando que el de del 2005, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/a segun indicada en el cetificado de residencia: SHAULL EQUIPMENT & SUPPLY CO DBA SHAULL MACHINE SHOP C/O JOHN W PURCELL ESQUIRE 1719 NORTH FRONT STREET HARRISBURG P A 17102-2392 Abogado del Demandante