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Home My WebLink About06-0614 v. IN THE COURT OF COMMON PLEAS OF CL"MBERLAND COUNTY, PENNSYLVANIA NO.Ol.o - ~llf C;u~L~~ Rob Bleecher, Esquire Attorney tD. No. 32954 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 717-691-98JO (office) 7J7-766-3361 (facsimile) rbleecher@pechtlaw,com COMFORT INN WEST, Plaintiff STONERIDGE, INC. , Defendant NOTICE TO DEFEND YOU HAVE BEEN SUED TN COURT IF YOU WISH TO DEFEJ:\D AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND ~OTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRlTING 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 JTJDGMENT MAYBE ENTERED AGANST YOU BY nlE COCRT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED TN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE ~ONEY OR PROPERTY OR OTHER RlGHTS IMPORT ANT 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 CUMBERLAND COlJNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 SOt'TH BEDFORD STREET CARLISLE, PA 17013-3308 717-249-3166 LE BAN DEMANDADO A USTED EN LA CORTE. 5i usted quierc defende se de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de partir de la fccha de la demanda y la notifeacion. Usted debe presentar una apariencia escrita 0 en persona 0 pOT abodago y archivar en la corte en forma eserita sus defensas 0 sus objecioncs alas demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una orden contra ustcd sin previo adviso o ootificacioo y por cualquier queja 0 alivio que es pedido en la peticion de demanda . Usted puede perder dinero 0 sus propiedades 0 ostros dereehos importantes para usted. LLEVE ESTA DEMANDA A u"N ABODAGO IMMEDlATAMENTE, SI NO TIENT ABOGADO 0 51 NO IlENE EL DlNERO 5UFICIENTE DE PAGAR TAL SERVICIO" VAYA EN PERSONA 0 LLAME paR TELEFONO A LA OFICJNA CUYA DIRECCIO;,r SE ENCUENTRA E5CRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. STONERIDGE. INC. , Defendant NO. Of.., - 4.1~ CruJ'--r€ Rob Bleecher, Esquire Attorney J.D, No. 32954 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 717-691-9810 (office) 717-766-3361 (facsimile) rbleecher@pechtlaw,com COMFORT INN WEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. COMPLAINT AND NOW this ~day of January 2006, comes the Plaintiff, Comfort Inn West, by its attorneys Pecht & Associates, PC and asserts the following: I, Plaintiff is a Pennsylvania business corporation with its principle place of business as 6325 Carlisle Pike, Mechanicsburg, Cwnberland County, Pennsylvania, 17055, 2, Defendant, Stoneridge, Inc" is believed to be a Pennsylvania business corporation with a principal place of business at 225 Philmont Avenue, Feasterville, Pennsylvania, 19053, and with an additional place of business at 835 Pennsylvania Boulevard, Feasterville, Pennsylvania 19053, 3, Defendant Edward J. Hinkle is believed to be the president and shareholder of Stoneridge, Inc" and Randolph Seitter is believed to be the Vice-President and shareholder of Stoneridge, Inc, 2 4, Beginning in January of2005 and continuing through June 2005, Defendants used the lodging services of Plaintiff for employees of Defendants at Plaintiffs motel located at 6325 Carlisle Pike, Mechanicsburg, Pennsylvania, 17055, 5, On or about January 17,2005, Defendants applied for credit with Plaintiff A copy of a credit application dated January 17,2005, signed by Randolph Seitter is attached as Exhibit "A", 6. Plaintiff extended credit to Defendants and permitted Defendant's employees to stay overnight on numerous occasions at Plaintiffs facility at 6325 Carlisle Pike, Mechanicsburg, Pennsylvania 17055 without paying for each overnight stay at the time of service, 7, Defendant's "balance due" began to accumulate quickly and most invoices sent by Plaintiff to Defendant went unpaid, A copy of the ledger used by Plaintiff to record the usage and cost of services for Defendant is attached as Exhibit "B", 8, Plaintiff demanded payment from Defendant on numerous occasions. By letter dated June 4, 2005, Lavinia Markle, Assistant Manager for Plaintiff, notified Sue Rubzer, employee and agent for Defendant, that Defendant's account was past due, Markle further notified Defendant's agent that the account needed to be paid up and that a credit card or check would be needed for the next use of Plaintiffs facility scheduled for June 6, 2005, A copy of the June 4, 2005 letter is attached as Exhibit "c." 10, By letter dated June 10,2005, Lavinia Markle, Assistant Manager for Plaintiff notified Sue Rubzer, employee of Defendant, that $4,805.93 was "way past due" and would need to be paid by June 22, 2005, or a Complaint would be filed in District Court and further that a 3 credit card would need to be used for the next scheduled use of the facility on June 13. A copy of the June 10,2005 letter is attached as Exhibit "D", I L By June 10,2005, Defendant had accumulated a total balance due and owing to Plaintiff of $6,749,93, 12, On or about July 26,2005, Plaintiff filed a Complaint in District Justice Court against Defendant, Stoneridge Inc" 835 Pennsylvania Boulevard, Feasterville, Pennsylvania 19053 at docket number CV -0000405-05. 13, By facsimiled dated July 30, 2005, Plaintiff notified Defendant of the amount still remaining due, Further, Plaintiff notified Defendant that an amount Defendant claimed had been paid, had in fact never been received by Plaintiff A copy of said document is attached as Exhibit "E.'~ 14, On or about September 15,2005, District Justice Thomas Placey, Magisterial District No, 09-304 entered a judgment for Plaintiff and against Defendant in the amount of $6,865.43, 15, On or about November 2, 2005, a check (check number 19337) in the amount of $1,719,93, payable to Comfort Inn West, was sent to Plaintiff The check, number 19337, was dated July 20,2005. 16, By letter dated November 8, 2005, Lavinia Markle, Assistant Manager for Claimant, notified Defendants of the check numbers that had been paid and of the amounts that had been paid by credit card. A copy of said document is attached hereto as Exhibit "F," 17. On or about December 12, 2005, Plaintiff deposited Check No, 19337, in the amount of$I,719,93, into its account after seeking and obtaining legal advice regarding whether 4 the check was being presented as an "accord and satisfaction," and after ascertaining that the check was not an "accord and satisfaction" and that the funds were in Defendant's account. 18, Check number 19337 was paid by Defendant's bank and the funds were deposited into Plaintiffs account. 19. A balance still remains due to Plaintiff in the amount of$5,145,50, Count I -Breach of Contract 20. Paragraphs I through 19 are incorporated by reference as iffully set forth herein, 21, Plaintiff offered services to Defendant at a specific price, and Defendant accepted that offer and used the services of Plaintiff 22. Defendant has failed to pay for all the services used by Defendant and Plaintiff has been denied the benefit of its bargain with Defendant. 23, Defendant has failed to make full payment to Plaintiff even though Plaintiff has made numerous demands for payment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to award damages in the amount of$5,145,50 to Plaintiff and against Defendant plus attorneys fees of$2,000 plus the costs of filing, and plus such other relief as this court deems just and equitable, Count I1-Uniust Enrichment 24, Paragraphs I through 23 are incorporated by reference as if fully set forth herein, 25, The Defendant will be unjustly enriched if Defendant is not required to pay Plaintifffor the use of Plaintiffs facility as agreed to by the parties, 26. Due to the improper and illegal conduct of Defendant, it would be unconscionable for Defendant to benefit from the use of Plaintiffs facility without paying for such use, By: TES, PC WHEREFORE, Plaintiff respectfully requests this Honorable Court to award damages in the amount of$5,145,50 to Plaintiff and against Defendant plus attorneys fees of$2,000 plus the costs of filing, and plus such other relief as this court deems just and equitable. Respectfully submitted, b Bleecher, Esquire ttorney J.D, No, 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 717-691-9810 (office) 717-766-3361 (facsimile) rbleecher@pechtlaw,com Attorney for Plaintiff 5 , ~ ~'J~I~I+ A- r,;'..,ut. 1.:11 /-" - - -. ..." C"",(ort Inn 7176919365 C~ORT INN WEST PcIGE 6:2 <:'-'u~ ~,\\.\ , eKED!T AFPLICA~om (pl.... ~5' . ty .writer orprint v.~ ol..~ly) PUAS! COMl'l,.8t! TIll! I~POIll'lA ION AJlD FAX Oil SiND 'TO T\{R 6S25 Corll,l, Pik. COMFOllT lNll !I&81, It WI1.L T ! 10 DAYS l'Oll TIllS M.chaoJc.bwg. hn"ylvonlo 1705\ 1,Pfl.1CAIIOll TO BE n.OCUS!D1 (apro,,) (117) 1~O.0924 ~USINIS5 INFORMATION: i llOS1lfESS!lAM! OS-I-t"'<>....., ~ 81")C- .\DDUSS ~~5 {k:V\ ~/I Jt'd"lI$D foJ..Qud 3:.t npTn, ,} il P!.A 53 TELEPHONE lIUKBEIl ~ 15 q 1~' 1,1300 FAX lMI8l!l Q )5.9 1I;;l 'fURS !~ llUSINESS 1<=1'7/ CORPORATION ' 4222. MAIlING ADDRESS FOR ALL rNVqrcll5 . S, Q ~?f^- TO rKl ATTllHTIClN or ADDRESS ~a..~ 'I'l'tEPHOllE ( ) FAX ( ~OlU'OM1:'! OrTlCb5 Olt pa: " ., ~w~ t4c 1.. ~d. k S' .L J,_ i B....'1K AllDRESS (PRIMARY BANJ:) , BANK onre! ADDUBS ' uJ Cl.!-h ~ ~.LJ rnlll'HONE NUMJn ( ) <L> '~ <f~' ~ L; YU ~ c.---L (II> 10 ) ,34-' :LOo,"I '"'' ili~5 . TInE ' y, P A1.4< d 4..1:; SlC;NA11l1l~/~~~ r}/ ~ B ~ )<~\\ bl + 13 s ;0)112.. f( IDJ--f! ---.---- ----- .. - r _ I_ I- I ..... I i Comfort Inn -, CITY LEDGER 6325 Carlisle Pike Mechanicsbur9, Pennsylvania. 17055 (717) 790.0924 Form of Payment DB II Amount Total Due Date Ree Folio U Company Name 1)'-/'1/ S70n.e.. 1(,f)7'; J )'/73 / J'/7i / J if 7S ) j L17~ /J'I~'1 1 ;!Lj~ 5 Date -- ~)cIC) ex /(PJ. vo J / t, tfO ;2 I t, - J j L - cJj~, - ,) / & . - J,1513 r; )" /0 ~/I ~ 3 --.lL 3~ ]~ 3~ -:; 1'6 -- J.- / :,,, '] }~,- ;)U, 3.; 5 I:J i{ '1 / 1 J 'Il 7- '? "c: -' ;}-- };) 'In //'1'17 'U- -j~ J U ~I , c; .;. J~) . '(11)50'1 cu ...,; /1 'L5- l;i S ,l '; :S'I, L2- i:JJ()~ ~ 11511 , :JU" )/&, USn :LS.-- QI0 }J 52 tI i.:..JL ~11o I;) '711 l;l 5 11~ 1253'1 In)) 'L':i- S L/, ~~ ~D 'I :;0 /,,~o . I 0 ~ . JiJ in _ , - - ..., COlftlOl't laa "': CITY LEDGER 6325 Carlisle Pike Mechanicsburg, Pennsylvania 17055 (717) 790.0924 Form oi Total Due Date Rec Amount Payment DB V Date Folio 0 Company Name J/&, ;)./ ~ h~, ,)1 (" )/~' ~/~. die" /f.,) ()/i , '!;l'l. !) sJ/P "/2'2- 1~531 U1- / :254'5 i.i_~_2_J- I ~ 5 '17 S . () ~ I) Ss / 5~ 1 '- 5.5 "l- 5-// /'151;7 //'1 I) s7~ I;) 5'-; 6 r ') "" .... _ _ v ~ I~:<, ~IG /~~. /~ ~, ';;1& ;;./ I)S11 , ;.,27 nSJ7 ~ '3 PiP 05 ~ J)~ (){,. G~ /'2p3 C"IO 12&>2"1 )/? . :" I~ I .' ,r ~~ 125,,:" '- rv11f1,~J EX~lbi+ L ~ (4-1- G-LJ_6J , ~ JUNE 4,2005 ) j ~ - '/ C; 2 - 1; J v' SUE RUBZER 835 PENNSYLVANIA BLVD, FEASTERVILLE TREVOSE, PA 19053 DEAR MS, RUBZER THE ACCOUNT YOU HAVE WITH US IS 30 DAYS AND 60 DA YS PAST DUE, WE NEED YOU TO HAVE YOUR ACCOUNT PAID UP TO DATE ASAP, WE WILL NEED A CREDIT CARD FOR THE ROOMS YOU HAVE COMING IN, I DO NOT WANT TO CANCEL YOUR DIRECT BILL BUT THIS IS THE NEXT STEP, YOUR MEN HAS ROOMS COMING IN ON MONDAY JUNE 6, 2005 FOR 4 DAYS THEY WILL NEED ANOTHER WAY OF PAYING FOR THE ROOMS, I AM SORRY J~ n/# LA VINIA MARKEL ASSISTANT MANAGER lOt.{ f!t1Ve... JO~:t' - / 9 'I tj. 0 0 G()~ ). 'i J. 9. '13 --- fo'i(l-I lJ)/3.'13 4S I}- P ---j 0 rA, c.- 1t,J S e-n d Y} 1110" 0."1.1- ()('H.e.. LV,vl -/ Jv" Bf'oW'1 cJ, e.e-J( WI / 'l '- 't. (.r'e.-d,T (.;1 rd . 11 ~ .uL 0-, 1h~ 7~ J~ /vj~ [x~lbit D BY CHOICE HOTE ,( COlolfOAT INN WEST JUNE 10,2005 SUE RUBZER 835 PENNSYLVANIA BLVD, FEASTERVILLE TREVOSE, PA 19053 DEAR MS, RUBZER THE STONERIDGE ACCOUNT IS WAY PAST DUE, WE NEED A PAYMENT OF $4805,93 BY JUNE 22,2005, WE WILL HAVE TO GO TO THE NEXT STEP IF YOU DO NOT PAY YOUR ACCOUNT, WE WILL GO TO THE DISTRICT COURT AND FILE A CASE, YOUR MEN WILL HAVE TO HAVE A CREDIT CARD TO PAY FOR THE ROOMS NEXT MONDAY JUNE 13,2005, I AM SORRY, THANK YOU d~m~ LA VINIA MARKEL ASSIST ANT MANAGER 6325 Carlisle Pike (US 11) Mechanicsburg, PA 17050 Phone: 717.790.0924 Fax: 717.691.9385 Toll Free: 1.800.490.2374 For reservations worldwide: 800.4CHOICE cholcehotels.com E f- Xh'l bet E Number of Pages: 3 + cover page Comfort Inn West 6325 Carlisle Pike Mechanlcsburg P A, 17050 Phone: (717) 790-0924 Fax: (717) 691-9385 Direct Reservations: (1-800) 490-2374 Web site: www.comfortlnn.com\hotel\pa409 E-man: gm.pa409@cholcehotels.com FAX To: K4nd/ SeITTer From: C6/?l .(0'- Tin n we..rr MESSAGE: THIS IS WHAT YOU NEED TO PAY FOR THE TIME YOUR MEN STAY AT OUR HOTEL. THE CHECK NUMBER AND AMOUTS YOU PAY ARE FEBRUARY 26,2005 CHECK NUMBER IS 18784 AMOUNT OF CHECK $424,00 NEXT MAY 13,2005 CHECK NUMBER 18988 AMOUNT OF CHECK $432,00 NEXT AND LAST TIME YOU PAID US ANYTHING IS MAY 13,2005 CHECK NUMBER 19043 AMOUNT OF CHECK $1890,00 WE NEVER HAD A CREDIT CARD PAYMENT FROM YOUR COMPANY, AND THIS OTHER AMOUNT YOU SAID YOU PAID WE NEVER RECENB. THE AMOUNT ON THE BILL IS RlGHT AND WE NEED PAYMENT ASAP, THANK YOU LA VINIA MARKEL Date: 7/30/oi' . , Transmitted to Fax: c2/j -' 79;7 _ {/22.2 f )Chi \olt F )0 NOV 94 2005 NOVEMBER 8,2005 DEAR SIR I AM THE ASSISTANT MANAGER AT THE COMFORT INN, MY JOB IS TO SEND OUT THE DIRECT BILL AT THE HOTEL. EVERY MONTH I WILL DO THE AIR AGING REPORT AND THEN I WILL PRINT OUT A STATEMENT OF THE ACCOUNT AND SEND IT OUT. THE STONERIDGE, me. I WOULD CALL ON THE PHONE AND A LADY WOULD AL WAYS ANSWER THE PHON AND SAID SHE WILL GIVE THEM THE MESSAGE, I TOLD HER I WOULD NEED A CHECK A.SAP, FOR THE AMOUNT THAT WAS DUE OR THE MEN WOULD HAVE TO PAY FOR THERE OWN ROOM, ON JUNE 13,2005 MR ED HINKLE PAID FOR OJ'..JE ROOM FOR MR JOE BROWN IN THE AMOUNT OF $108.00 FOR TWO NIGHT ON HIS VISA. ON JUNE 13,2005 JOE BROWN PAID FOR A ROOM FOR JUSTIN KINNE FOR 3 NIGHT USING HIS VISA IN THE AMOUNT OF $162,00. ON JUNE 21,2005 MR JOE BROWN USE HIS VISA AGAIN TO PAY FOR 3 NIGHT FOR HIS ROOM AND 3 NIGHT FOR MR JUSTIN KINNE IN THE AMOUNT OF $162.00 FOR EACH ROOMS. MR. JOE BROWN TOLD ME THAT HE HOPE HE WILL GET PAID BACK FROM THIS COMPANY. THE CHECKS NUMBER THAT THEY DID PAY ARE: FEBRUARY 26,2005 CK #18784 CK $424.00 MAY 13,2005 CK# 18988 CK $432.00 AND CK#19043 CK $1890.00 THANK YOU ~. ./ J~ m-/G-/ LAVINIA MARKEL ASSISTANT MANAGER }::J (.J 1Q. r: '\i ~ ~ " ,..., 0 t ,:,..::? (" c.~;:' -n ,1' ~ tI( ~- 'i'::!1 - \j :;"" f"'r () ;.;e l3 - en -t: ~ c'"' r:::J - , L VI '\J ;:;.J 5: ':_,:i(~ trl. Vt :::D ;::3 (::jrn .1 +- ,n ~4 .1 .~~ 0 - --- COMFORT INN WEST, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA i~,~'Yj " . v. NO. 06-614 CIVIL TERM STONERIDGE, INC. , Defendant TO: EDWARD J. HINKLE, PRESIDENT DATE: FEBRUARY 21, 2006 IMPORTANT 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 DONOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION LA WYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717-249-3166 Rob BIe r. Esquire rney LD. #32594 1205 Manor Drive, Suite 200 Mechanicsburg. PA 17055-4917 (717) 691-9810 By: Attorneys for Plaintiff . . CERTIFICATE OF SERVICE !, Rob Bleecher, Esquire, the attorney for Plaintiff, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Edward Hinkle President Stoneridge, Inc. 835 Pennsylvania Boulevard Feasterville, Pennsylvania 19053 .J ./ Dated: February 21, 2006 ~. \.._----) ~. / ,~. b Bleecher, EsqUIre c 'j.f -";', , r,., [""') '.,," . SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-00614 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COMFORT INN WEST VS STONERIDGE INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: STONERIDGE INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On February 17th, 2006 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County Postage 18.00 9.00 10.00 48.00 .78 85.78 02/17/2006 PECHT & ASSOCIATES :o~~~~ R: Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 2tl1J.- . ~",,4 A D~ Pf:oth' tar~? day of~ ) In The Court of Common Pleas of Cumberland County, Pennsylvania Canfort Inn West VS. stoneridge Inc No. 06-614 civil Now, January 31. 2006 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ,trus deputation being made at the request and risk of the Plaintiff. . r~~~~.#-, Sheriff of Cumberland County, P A Affidavit of Service Now, ,20-, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , COSTS SERVICE MILEAGE AFFIDAVIT $ ,20_ $ ~~~~~10Z/13J2ry06 rIM"::': i 1: 13 SH~RIFfS Of~~~!WIS;g~'~twJ~clt~Y~~l'. SH~~If~ oaTLESTOWN. PA 18S0l ~UC1(S MIse rOCHT' 2006 30258 lOCATIC~: CUT CF COuNn CLASS: ASSUM'SIT ..".. SHEUFF"S REltlRN OF sERvIce....,. SHERIFF'S OfFICE CU~SERLAND COUNTY 1 COU~THOUSE SQUARE CARlISLE PA ATTW:ROB SLEECHER.ESQ 11013 PLAINTIFf COl'lfOR INN kEST YS. DEFENDANT STOWERI~GE INC 835 PENNSYLYANIA AVE fEASTI:RYIlLE, PA 1'3053 01312006 COMPLAINT - CIVIL ACTION RECEIyED FRO" CUMBERLAND CO SHERIfFS DEPT RAG 02032006 RECEIvED IN SHERIFF'S OFFICE FOR SERVICE. TRANSACTION '06-1-01E79 RAG AMOUNT PAID $48.00. 02012006 SHERIFf'S RETURN. UNDER OATH. FILED. DEPUTY GIZZI AT 1325'". RAG SERVED DEFENDANT(S) PURSUANT TO PA.R.C.P. '402(A)(2)(III). SERVED DEFT STONERInGe.INC 8Y HANDING TO RANDALL SIDIER(PIC). RAG 02132006 INyOICE "AILED TO CUMBERLAND CO SHERIfFS DE,Pl HTN:RDB BLEECHER,eSG RAG TRANSACTION '06-1-01679 END OF CAS E Bucks County Case # 200630258 Invoice to be mailed to CUMBERLAND County Sheriffs Office Attn: ROB BLEECHER, ESO Special Instructions Notes OFFICI AI. RECEIPT RECEIPT I 2006 1 01679 TRrtlSACTION I SM 2006 30258 FOR 5 CUI'IBERLAtII) COlH 02103/2006 10: 18 PC 10052791 48.00 TOTAL PAID 48.00 TOTAL COST 48.00 aw.IGE 0.00 THAlt( YOU AItf o~ ~~~ ~UC NTY SHERIFF'S RETURN oc I of I Filed I /31/2006 in CUMBERLAND COUNTY Bucks Case # 200630258 Rec'd 2/3/2006 Special Instructions Action Civil Action COMPLAINT Plaintiff COMFORT INN WEST -VS- Defendant STONERIDGE INC 835 PENNSYLVANIA AVE FEASTERVILLE, PA 19053 Address Served if Different &under Pa. R.CP. #402 (A) (i) Defendant personally served (A) (2) (i) Family Member (A) (2) (i) Adult in Charge of Residence (A) (2) (ii) Manager/Clerk at Deft's Lodging ~ (A)(2)(iii) Pers in C e of Busi By Handling to By Posting Not Served 30 Days Ran Out Defendant Moved Defendant Unknown Checked Post Office Forwarding Address Defendant Not Home Address Vacant _ Deputy needs better address No Forwarding ~ X1 By Deputy At The above docum information listed abo Pennsylvania. So answers: 1l-7, Atf1rmed and Prothontary Affirmed and subscribed before me on this day ~I ~ Notary Public My Com. Exp. "2 ~I ";3...0b 1003 ( IY-l 2/3/06 1146 1001 ... r Rob Bleecher, Esquire Attorney J.D. No. 32954 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 717-691-9810 (office) 717-766.3361 (facsimile) rbleecher@oechtlaw.com COMFORT INN WEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-614 CIVIL TERM STONERIDGE, INC. , Defendant PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Comfort Inn West, and against Defendant, Stoneridge, Inc, for its failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendant, Stoneridge, Inc, was served with the Complaint on February 7, 2006, and its Answer was due to be filed on February 28, 2006. Attached as Exhibit" A" is a copy of Plaintiff's written notice of intention to file a Praecipe to Enter Judgment by Default, which I certify was mailed by regular mail to Defendant, Stoneridge, Inc, at its last known address on February 21, 2006, which is at .' least ten (I 0) days prior to the filing of this Praecipe. I have not been notified by any attorney that an appearance has been entered of record on behalf of Defendant, Stoneridge, Inc. PleaSe assess damages in the amount of $3,200, plus interest at the legal rate of six percent (6%), which is the standard interest rate. Please assess costs in the amount of $200 for the filing and service of the Complaint, plus $9 as the fee for filing this Praecipe, plus attorney fees of $2,000 Respectfully submitted, PECHT & ASSOCIATES, PC Dated: o/o.J./[)~ By: R c er, Esquire Attorney J.D. No. 32594 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 717-691-9810 office 717-766-3361 facsimile Attorneys for Plaintiff . . r' CERTIFICATE OF SERVICE I, Rob Bleecher, hereby certify that I have served the foregoing paper upon Defendant this date by depositing a true and correct copy of the same in the United States mail, first-class postage prepaid, addressed as follows: Edward J. Hinkle, President Stoneridge, Inc. 835 Pennsylvania Boulevard Feasterville, P A 19053 Dated: ~/J.%C. By: Rob Bleecher, Esquire Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, PA 17055 Attorneys for Plaintiff -- ., t 'i ~ ~ ?[ ...c C> (') ,..., 0 () = - c "" -n 8 ~ s cr" ~ -orr """ :t." t:t;.lfi' c: '" rn- ~ -orn 21 N ~ G0.:" :nO -< <.0) r)J. -:;:; ",,~F' ~ ~ ).c;.. -0 :;c -c' ~~~:' ::It ~40 .. 5'" f 2 ~ ~ J2: =< w ~ ....J Rob Bleecher, Esquire Attorney LD. No. 32954 Pecht & Associates, PC 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 717-691-9810 (office) 717-766-3361 (facsimile) rbleecher@pechtlaw.com COMFORT INN WEST, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. NO. 06-614 STONERIDGE, INC. , Defendant PRAECIPE TO SETTLE. SATISFY. AND DISCONTINUE WITH PREJUDICE TO: Curt Long, Prothonotary Please mark the above-captioned action settled, satisfied, and discontinued, with prejudice. Respectfully submitted, Dated: October 30, 2006 By: ob B r, Esquire Attorney LD. No.32594 1205 Manor Drive, Suite 200 Mechanicsburg, P A 17055-4894 717-691-9810 (office) 717-766-3361 (facsimile) rbleecher@pechtlaw.com Attorneys for Plaintiff 0 1"...:1 0 <::.:::) ~ = -n 0.... 0 ~::n n -; nl(_ W -om ~;JO (;~Cl -0 -r-r; .-.-'-11 3: (,=lC;; ;;--;'~r"n r:? ",-....J --I :> c..n ~ 0'"