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HomeMy WebLinkAbout06-1700BL COMPANIES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. D(o `f?? Crv?l?fJZ+? JEFFREY ALLEN PARKER individually and trading as CIVIL DIVISION -LAW PARKER'S AUTO SALES, Defendant 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 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 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 Avlso USTED HA SIDO DEMANDADO/AEN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UNABOGADO,LLAMEOVAYAALASIGUIENTEOFICINA. ESTAOFICINAPUEDEPROVEERLEINFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 BL COMPANIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Uto-lrUD ( icy ??c?2 / JEFFREY ALLEN PARKER individually and trading as CIVIL DIVISION - LAW PARKER'S AUTO SALES, Defendant COMPLAINT The Plaintiff, BL COMPANIES, INC., by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of TEN THOUSAND FOUR HUNDRED THIRTY TWO DOLLARS AND SIXTY-SIX CENTS ($10,432.66), together with interest thereon at the statutory rate from February 2, 2006, upon a cause of action of which the following is a statement: 1. The Plaintiff, BL COMPANIES, INC., is a corporation organized and existing under the laws of the State of Connecticut, having its principal office and place of business at 355 Research Parkway, Meriden, CT 06450 2. The Defendant, JEFFREY ALLEN PARKER, individually and trading as Parker's Auto Sales, is an adult individual with an office and place of business at 20 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania 17025. COUNTI 3. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 and 2 herein, the same as if fully set forth at length herein. 4. On May 20, 2005, Plaintiff and Defendant entered in to an Agreement where by Plaintiff would perform labor and provided services of the kind and description set forth in said Agreement for a total contract F:AUSER\ROBINVCCP&DJ CMPSVCCP COMPLAINTSVBL COMPANIES.32134.wpd:2 I Mar06 price of Ten Thousand Seventy Dollars ($10,070.00), for which Defendant was subsequently invoiced. A true and correct copy of said May 20, 2005 Agreement is attached hereto, marked Exhibit "A" and made a part hereof. 5. The prices charged for said labor performed and services provided were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant contractually promised and agreed to pay to Plaintiff. 6. The Defendant paid to Plaintiff on account of the aforementioned charges certain sums of money as more particularly set forth on Plaintiff's Statement of Account attached hereto, marked Exhibit "B" and made a part hereof, in the total amount of Two Thousand Dollars ($2,000.00). Due to Defendant's default in payment of said amount due and owing as aforesaid, interest has been added to said account in the total amount of Six Hundred Twenty-Three Dollars and Eighty-Eight Cents ($623.88), as shown on Exhibit "B". The balance due and owing by Defendant to Plaintiff is the sum of Eight Thousand Six Hundred Ninety Three Dollars and Eighty Eight Cents ($8,693.88), as appears on Exhibit "B". 9. Due to the default of Defendant, and pursuant to the terms and conditions of the Agreement executed by Defendant hereto attached, marked Exhibit "A" and made a part hereof, attorney's fees in the total amount of One Thousand Seven Hundred Thirty Eight Dollars and Seventy-Eight Cents ($1,738.78) have been added to said account. 10. 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 or any part thereof. F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\BL COMPANIES.32134.wpd:21 Mar06 WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of TEN THOUSAND FOUR HUNDRED THIRTYTWO DOLLARS AND SIXTY-SIX CENTS ($10,432.66), togetherwith interestthereon at the rate of 1.5% per month from February 2, 2006 on the unpaid balance. COUNT II - QUANTUM MERUIT 11. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 and 10 herein, the same as if fully set forth at length herein. 12. Plaintiff supplied Defendant with the aforesaid services with the expectation of remuneration. 13. Defendants are unjustly enriched in that they received the value of the aforesaid services without payment. 14. Plaintiff has suffered damages as indicated herein. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of TEN THOUSAND FOUR HUNDRED THIRTYTWO DOLLARS AND SIXTY-SIX CENTS ($10,432.66), togetherwith interest thereon at the rate of 1.5% per month from February 2, 2006 on the unpaid balance. Respectfully submitted, KNUPP, KODM ?j&BLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff May 20, 2005 Mr. Jeff Parker Parker's Auto Sales 20 Susquehanna Avenue Enola, Pennsylvania 17025 RE: Ground Water Characterization Former Smiley Property Site 101 Enola Road East Pennsboro Township, Cumberland County, Pennsylvania BL Proposal No. 04LO151•B Dear Mr. Parker: We are pleased to submit this Proposal to perform Professional Services in connection with the above-referenced project. SL Companies. Inc. directly or through one or more affiliated companies, which together are doing business as "BL Companies," and are referred to collectively below as the "Consultant" will perform professional services for Parker's Auto Sales referred to below as the "Client". This proposal is based on the Consultant's understanding that the nature of the Project is to perform a Ground Water Characterization of the subject site as requested by the Pennsylvania Department of Environmental Protection (PADEP) during our recent meeting on the site and in correspondence dated May 13, 2005. The work proposed herein is associated with a release of used motor oil from an underground storage tank (UST) formerly located on the site with the potential to have affected the underlying ground water. The tasks described in this proposal are intended to fulfill the requirement of the PADEP to complete a Ground Water Characterization in accordance with the Pennsylvania Land Recycling and Environmental Remediation Standards Act (Act 2) regulations. The professional services to be provided are more specifically described in the Scope of Services below and include the installation of three ground water monitoring wells, collection and laboratory analysis of two rounds of ground water samples, and preparation of a Ground Water Characterization Report. The location of the project is at the former Smiley property located at 101 Enola Road in East Pennsboro Township, Cumberland County, Pennsylvania, referred to below as the Site. Mr. Jeff Parker BL Proposal No. 04L0151-B May 20, 2005 Page 2 SCOPE. OF SERVICES A. Basic Services The Consultant will perform the following Basic Services in relation to the Site 1, Monitoring Well Installation 2. Ground Water Sampling and Analysis 3. Preparation of Site Characterization Report The specific tasks the Consultant will perform as part of the Basic Services, in relation to the Site, are as follows: Monitoring Well Installation. The Consultant will direct the installation of three ground water monitoring wells on the site. A Pennsylvania-certified well driller, experienced in the installation of monitoring wells, will be subcontracted by the Consultant to perform the drilling and well construction. Each well borehole will be extended approximately 10 to 20 feet into the first water bearing zone. The drill cuttings and fluids generated during drilling operations will be field screened for the presence of volatile organic compounds (VOCs) using a photoionization detector (PID). Any drill cuttings or fluids that contain indications of impairment will be contained in 55-gallon drums or placed on plastic. If impacted drill cuttings and fluids are encountered, an additional fee not included in this proposal will be incurred to analyze samples of the materials to determine if offsite disposal is necessary. The fee for offsite disposal, if necessary, is also not included in this proposal. The elevations of the well casings of the monitoring wells will be determined through an onsite survey. By subtracting the depth to ground water in each well from the surveyed elevations, a detailed map of the shallow ground water potentiometric surface will be prepared. This information will enable the ground water flow direction to be determined. It is estimated that the installation of the monitoring wells will require one 10-hour field day to complete. The cost provided is based on a total of up to 90 feet of drilling and assumes that no unforeseen subsurface conditions will be encountered during the installation of the monitoring wells. 2. Ground Water Sampling and Analysis. After the wells have been allowed to equilibrate, samples will be collected from the three monitoring wells. Approximately 30 days after the initial sampling, all three wells will again be sampled to complete the ground water characterization. Therefore, this scope of work includes two ground water sampling events. Immediately before sampling, a minimum of three well volumes of ground water will be purged from the wells using a pre-cleaned submersible purge pump. This purging/development will continue until the turbidity of the purge water is minimized. The temperature, pH, specific conductance, and oxidation reduction potential of the purge water will be monitored to ensure the collection of representative ground water samples, and aid in interpretation of the site hydrogeology, The purge Mr. Jeff Parker BL Proposal No. 04LO151-B May 20, 2005 Page 3 water will be passed through an activated carbon filter prior to discharge. Ground water samples will be collected with a single-use, pre-cleaned polyethylene sampling bailer immediately after well purging. The ground water samples will be analyzed for the PADEP-specified target compounds for used motor oil, which is the product stored in the former onsite UST. The cost provided includes laboratory analytical fees for six ground water samples (two sampling events - three samples each event). 3. Preparation of Ground Water Characterization Report. The Consultant will prepare a Ground Water Characterization Report, which will include a description of investigative methods and findings. The Ground Water Characterization Report will include a site plan depicting the locations of the monitoring wells, ground water flow maps, monitoring well construction logs, a summary of the data collected, and interpretation of the results in light of the Act 2 standards. If no used motor oil compounds are detected above laboratory detection limits in any of the ground water samples during either sampling event, then an Act 2 release of liability can be requested from PADEP. If contaminant concentrations are found to be above their respective Act 2 Statewide Health Standards (SHS), the Ground Water Characterization Report will include recommendations to complete additional tasks to pursue an Act 2 release of liability. B. Exclusions and Additional Services The Scope and Fee for Basic Services are based on information provided by the Client. If field conditions or project parameters vary significantly, that may result in Additional Services. The Services being provided within the Fee for Basic Services are only those expressly set forth in this Proposal. All other services are Additional Services. SCHEDULE The Consultant will work with the Client to develop a schedule that is mutually agreeable to both parties. FEES A. Fees for Basic Services The Consultant will provide the Basic Services for which a Fee amount is specified for the Fixed Fee set forth below as the Total Fee regardless of the time spent. Fees will be billed monthly on the basis of percentage completion. Mr. Jeff Parker BL Proposal No. 04L0151-B May 20, 2005 Page 4 The breakdown of the Total Fee among the phases as set forth below is a good faith estimate. The cost of particular phases of services may exceed the estimate below, but Consultant will not incur fees beyond the total for items within the Total Fee without Client authorization. The Fee specified is based on Consultant providing all of the services included in Basic Services. If the Client desires Consultant to perform some, but not all, of the Services included in Basic Services, then the Fee for individual phases will increase. The revised Fee will be negotiated separately. The Fee specified is based on Consultant performing the Basic Services in a logical and efficient sequence. If Client directs a different sequence of services, that will likely require Fees for Additional Services. The estimated breakdown for each work phase is set forth below. The cost of particular phases of work may exceed the estimate below, but the total for items within the Total Fee will not be exceeded without the Client's authorization. Service Fee Monitoring Well Installation $ 5,460 Ground Water Sampling and Analysis $ 2,860 Preparation of Site Characterization Report $ 1,750 Total Fee $10,070 B. Additional Fees All Additional Services will be paid in addition to the Total Fee. Unless otherwise agreed, such Additional Services will be paid on the basis of actual time spent using the Hourly Billing Rates in effect when the services are performed. C. Hourly Billinn Rates The Consultant will utilize the following Hourly Billing Rates, which include fringe, burden and overhead: Classification: Hourly Rate: Senior Principal $225 ENVIRONMENTAL. Principal Environmental Scientist $140 Project Manager 3 125 Project Manager 2 105 Project Manager 1 95 03/16/2006 17:31 912034272540 BL COMPANIES PAGE 06/12 Mr. Jeff Parker BL Proposal No. 04L0151-8 May 20, 2005 Page 5 Senior ProJW Scientist 85 Project Scientist 75 Staff Scientist 70 Field Technician 55 Senior CADD GIS 75 CADD G(S 55 Technical Assistant 45 Administrative Assistant 2 50 Administrative Assistant 45 D, lieimburs ble Expenses Expenses included as overhead: Routine copies and printing, first class postage, local and long distance telephone service, and faoslmlle transmission and receipt will be provided without charge. E. Fee Protection The Fee, as well as the Hourly Billing Rates, shall remain in effect for work done within six months of the date of this Proposal. For work performed more than six months later, the Consultant reserves the right to adjust the Fee and Hourly Billing Rates. BILLING The Consultant will bill the Client by Issuing invoices as of the end of each month beginning with the commencement of work and continuing through project completion. Each monthly invoice will be for all Fees earned (whether for Basic Services or Additional Services) by the Consultant during the month. The Client agrees that all invoices are due on receipt. The Consultant reserves the right to charge interest at 1.5% per month on the unpaid balance of any invoice beginning on the 31st day after the date of the invoice. The Consultant also reserves the right to suspend or terminate services on 811 of the Client's projects if any balance remains unpaid for more .than 30 days after the date of the invoice. Continuation of service is not a waiver of the Consultant's right to collect all sums due and is not a waiver of the Consultant's right to suspend or terminate services at a later time. The suspension or termination of services shall be without further obligation or liability from the Consultant to the Client but shall not relieve the Client of the obligation to pay for services performed by the Consultant through the date of termination. If the Consultant engages an attorney or collection agency to collect any unpaid balances, the Client shall be responsible for all costs, expenses, attorney fees and collection fees incurred by the Consultant in the collection of any unpaid balances. ;AY-?2-2P05 1932 PARKERPUTOSALES 7177325501 P.01/(31 m Mr, 4elf PafkCr 6l Proposat No, 04LOISI-D May 90, 2006 Page 6 CLASirfn sTATeM If thg above terms aril wndklons of this propose) arn agreeable, pleaao MOW* your acceptance by atgning In the space provided betoW, and by returning one executed Original to our crftim A Foxed sIgnature shall be binding in the game extent as an original. Any d'ianges to thlo proposal mist be Initiated W both peMOS to bA hinding. We luok forward to petidWmg in the qumessful realization of this project, Reepeo telly submitted, OL Cpurnpanlos , `rrJ 1 fr Oradley S. Wolf Senior Project manoger ACCOTED ParkeWs Auto Sales Printed Name:'?,_ ?? - " ''6" t ?• Title: pi'vftG+lt _ Date:_- © 5 TOTAL P.01 Statement •? 1 Companies Jeffrey A. Parker Parker's Auto Sales 20 Susquehanna Avenue Enola, PA 17025 Outstanding Invoices February 2, 2006 Balance Days Interest Total Due Date Invoiced Received Due O/S @ 1.5% Incl. Interest Project: 04LO151-B Smi ley Prop. E Pennsboro PA 101 Enola Rd 6/24/05 2,647.09 2,000.00 647.09 223 62.44 709.53 7/29/05 5,638.97 5,638.97 188 445.48 6,084.45 8126/05 1,783.94 1,783.94 160 115.96 1,899.90 Total for 041-0151-B 10,070.00 2,000.00 8,070.00 623.88 8,693.88 Statement Totals 10,070.00 2,000.00 8,070.00 623.88 8,693.88 Billing inquiries to Skip Martin @ (800) 301-3077 BL Companies P.O. Box 845920 Boston, MA 02284-5920 Tel. (203) 630-1406 Tall Free (800) 301-3077 Fm 12031630-2615 03/21/2006 15:06 912034272540 M*.21.2006 10*41AM KNUPP KODAK & IMBLLIM BL COMPANIES PAGE 02/02 NO,171 P.6 E IFI-CATION I, 61 ?...lL,M, Prnn..t,QIL n ('?+.u.-, , la sS0 Caa Gcv n1Z , (name) (?Me) of B L COMPANIES, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to aUthorfties, B L COMPANIES, INC, By:i cw c e2 Oe ?.- Title: Rssoc?aTa C-Conse Dated: 32134 F:\UMWfOBINICCP&W CMP6\0CP COMPLAWSBL C0MFAXW-U2134,wpd:l 7Mer06 4 1 LO Lr-z V C r-? C7 ? r n w n; Cs G u BL COMPANIES, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-01700 CIVIL JEFFREY ALLEN PARKER individually and CIVIL DIVISION - LAW trading as PARKER'S AUTO SALES Defendant TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE FOR DEFAULT JUDGMENT Enter judgment in favor of Plaintiff and against Defendant(s) JEFFREY ALLEN PARKER individually and trading as PARKER'S AUTO SALES, 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 Plaintiffs Complaint less $500.00 payment $9,932.66 Interest from February 2, 2006 at the statutory rate of 6% per annum $161,40 Total $10,094.06 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, K L K Robert D. Kodak, Attorney for Plaintiff DATED: Mlty /01 a066 Judgment entered and damages assessed as above. Prothonot LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION Robert L Kr%W 407 NORTH FRONT STREET Robot U Kodak POST OFFICE BOX 11848 Gary J, ho" HARRISBURG, PA 17108-1848 TdOOM e: 7171238-7159 Facsimile: 717238-7158 email: kkiJar+@verixon.net April 25, 2006 JEFFREY ALLEN PARKER 20 SUSQUEHANNA AVENUE ENOLA PA 17025 RE: BL Companies, Inc. VS: Jeffrey Allen Parker i/a/t/a Parker's Auto Sales No. 2006-01700 Civil, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. M32134 Dear Mr. Parker. F -R6ert (190&1978) Robert H. Mauer (1923-1998) 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, nor has any attorney 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 i£ IMBLUM, P.C. Robert D. Kodak, Esq. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE RDK/kgb enclosure cc: JULIA P O'BRIEN ESQ BL COMPANIES 355 RESEARCH PARKWAY MERIDEN CT 06450 r F 4 ti:.e uro S.? 'Ys BL COMPANIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-01700 JEFFREY ALLEN PARKER individually and trading as : CIVIL DIVISION - LAW PARKER'S AUTO SALES, Defendant EM[PORTANT NOTICE TO: JEFFREY ALLEN PARKER INDIVIDUALLY. Defendant(s) DATE OF NOTICE: APRIL 25. 2006 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILEDI TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIT-ING 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 MAY BE 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 ALAWYER, 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 AGENCIESTHAT 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 UAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. CAMERON MANSION Robert L Kn*p 407 NORTH FRONT STREET Robert D. Kodak POST OFFICE BOX 11848 Gary J. trnhkm HARRISBURG, PA 171013-1848 Telephone: 7171238-7159 Facsimile: 717r2W7158 email: Idd.law@yerizon.net April 25, 2006 PARKERS AUTO SALES 20 SUSQUEHANNA AVENUE ENOLA PA 17025 AIL (1909-1878) Robert H. Mauer (1923-1998) RE: BL Companies, Inc. VS: Jeffrey Allen Parker i/a/t/a Parker's Auto Sales No. 2006-01700 Civil, Court of Common Pleas Cumberland County, Commonwealth of Pennsylvania Our File No. M32134 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, nor has any attorney 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. RDK/kgb enclosure cc: JULIA P O'BRIEN ESQ BL COMPANIES 355 RESEARCH PARKWAY MERIDEN CT 06450 BL COMPANIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-01700 JEFFREY ALLEN PARKER individually and trading as : CIVIL DIVISION - LAW PARKER'S AUTO SALES, Defendant IMPORTANT NOTICE TO: PARKER'S AUTO SALES. Defendant(s) DATE OF NOTICE: APRIL 25, 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 WITHIN TEN (10) 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTHBELOW. 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 AGENCIESTHAT 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 L -10 1.J Q c_ P ,a a G W N N b4: :0 tiJ C ? a _. i n BL COMPANIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-01700 CIVIL JEFFREY ALLEN PARKER individually and CIVIL DIVISION - LAW trading as PARKER'S AUTO SALES Defendant TO: JEFFREY ALLEN PARKER INDIVIDUALLY Defendant(s) You are hereby notified that on Pthe 20?the following (Judgment) has been entered against you m above-captioned case. Judionent entered in the amount of $10,094.06. DATE: si h U (O Pro?tary I hereby certify that the name and address of the proper person(s) to receive this notice is: JEFFREY ALLEN PARKER 20 SUSQUEHANNA AVENUE ENOLA PA 17025 BL COMPANIES, INC. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-01700 CIVIL JEFFREY ALLEN PARKER individually and CIVIL DIVISION - LAW trading as PARKER'S AUTO SALES Defendant TO: PARKER'S AUTO SALES. Defendant(s) You are hereby notified that on M44 10 .20Q( the following (Judgment) has been entered against you in the abovcaptioned case. Judgment entered in the amount of $10.094.06. DATE: s, I I 9"f77?e?- P hereby certify that the name and address of the proper person(s) to receive this notice is: PARKERS AUTO SALES 20 SUSQUEHANNA AVENUE ENOLA PA 17025 y ? CASE NO: 2006-01700 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BL COMPANIES INC VS PARKER JEFFREY ALLEN ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PARKER JEFFREY DEFENDANT the , at 1412:00 HOURS, on the 29th day of March , 2006 at 20 SUSQUEHANNA AVENUE ENOLA, PA 17025 by handing to JEFFREY PARKER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 13.20 .39 10.00 R. Thomas Kline 00 41.59 03/30/2006 KNUPP KODAK IMBLUM Sworn and Subscribed to before me this /q*_ day of 1L4-wa ton, A. D. By: Q I utty Sheriff Prothonotary SHERIFF'S RETURN - REGULAR I CASE NO: 2006-01700 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BL COMPANIES INC VS PARKER JEFFREY ALLEN ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PARKER JEFFREY ALLEN T/A PARKERS AUTO SALES the DEFENDANT , at 1412:00 HOURS, on the 29th day of March 2006 at 20 SUSQUEHANNA AVENUE ENOLA. PA 17025 JEFFREY PARKER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 ??.ra' E-? ?eP .00 10.00 R. Thomas Kline .00 16.00q, 03/30/2006 KNUPP KODAK IMBLUM Sworn and Subscribed to before me this Iq*/ day of MGM ante A. D. By: e uty Sheriff Prothonotary PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 BL COMPANIES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Writ No. Term 20 No. 2006-1700 CIVIL Term 2006 Vs Amount due $ 3,094.06 JEFFREY ALLEN PARKER i/a/t/a Interest FROM DATE OF TUDG - 05/10/06 - PARKER'S AUTO SALES Atty's Comm. $ 154.70 20 SUSQUEHANNA AVENUE Costs to be determined $ ENOLA, PA 17025 Defendant(s) TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against JEFFREY ALLEN PARKER i/a/t/a PARKER'S AUTO SALES e en an s ; (3) and against PNC BANK, N.A. Garnishee(s) (4) and index this writ (a) against JEFFREY ALLEN PARKER i/a/t/a PARKER'S AUTO SALES e en an s an (b) against PNC BANK, N.A. (prj Nc,61e Blvd Carlilk-, PA 1-76 121 arms ee s , as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO CASH ON HAND, EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS, VEHICLES, SUPPLIES, ETC. AND GARNISH PNC BANK, N.A., 105 NOBLE BLVD, CARLI PA 17013, ACCOUNT NO. 5004146528, OR ANY OTHER ACCOUNTS UNDER DEFENDANT'S NAME(S). (5) Exemption has (not) been waived. Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Dated 10/8/0 7 Attorney For Plaintiff(s) .(o)tDTE GIBE aaS •pazTsap sT suapuad sit e sp buTxapuT put pagoegge sr aausruzeb aqI 30 aweu agq UT Agzadozd Tea.T 3T. 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() O O (A Ul 00 0-00 -v c-u i T fI7' q F) . ?> 27 -1-f b = - - O r` ? - / r'r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1700 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BL COMPANIES, INC., Plaintiff (s) From JEFFREY ALLEN PARKER i/a/t/a PARKER'S AUTO SALES, 20 Susquehanna Avenue, Enola, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the above-listed defendants at the above address in cumberland county, including but not limited to cash on hand, equipment, furniture, jewelry, electronics, vehicles, supplies, etc. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK N.A., 105 Noble Blvd, Carlisle, PA 17013 Garnish account # 5004146528 or any other accounts under defendant's names. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,094.06 Interest from Date of Judgment - 5/10/06 Atty's Comm $154.70 % Atty Paid $149.09 Plaintiff Paid Date: 10-12-07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs to be determined ou"t'" ,2. Cma is R. Long, Prothonot By: f. ?&? - Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 1 `R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. t' G Sheriffs Costs: Docketing 18.00 Poundage 61.89 Advertising Law Library .50 _ Prothonotary 1.00 Mileage 15.36 Misc. Surcharge 50.00 Levy 20.00 Post Pone Sale Garnishee 9.00 Bad Check Charge Postage TOTAL $ 175.75 f Pd by Defendant So Answers, R. T mas Kline, Sheriff Nav-0b, ?? ?ea, By, Claudia A. Brewbaker e..le_ 6 )3t'? G J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1700 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BL COMPANIES, INC., Plaintiff (s) From JEFFREY ALLEN PARKER i/a/t/a PARKER'S AUTO SALES, 20 Susquehanna Avenue, Enola, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property of the above-listed defendants at the above address in cumberland county, including but not limited to cash on hand, equipment, furniture, jewelry, electronics, vehicles, supplies, etc.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: PNC BANK N.A., 105 Noble Blvd, Carlisle, PA 17013 Garnish account # 5004146528 or any other accounts under defendant's names. and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,094.06 L.L. $.50 Interest from Date of Judgment - 5/10/06 Atty's Comm $154.70 % Due Prothy $2.00 Atty Paid $149.09 Other Costs to be determined Plaintiff Paid Date: 10-12-07 R. Long, Prothonota (Seal) By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. . -% ! DISTRIBUTION ATTY FOR PLTFF: Robert Kodak WRIT NO. 2006-1700 Civil BL Companies Inc. -vs- Jeffrey Allen Parker, I/A/T/A Packers Auto Sales Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $ 3094.06 268.77 154.70 149.09 $ 3666.62 Sheriff's Costs: Docketing $ 18.00 Poundage 61.89 Posting Sale Bills Law Library .50 Prothonotary 1.00 Service 15.36 Postage Advertising Postpone Sale Bad Check Charge Surcharge 50.00 Garnishee 9.00 Levy 20.00 TOTAL $ 175.75 Defendant Paid to Sheriff $ 3842.37 Advance Costs 225.00 Total Collected $ 4067.37 DISTRIBUTION Pd. To Pltff. $ 3666.62 Refund of Adv. Costs 225.00 Pd. To Prothonotary 1.50 So Answers: ? . oma .. Sheriff ?i BL COMPANIES IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v JEFFREY ALLEN PARKER individually and trading as PARKER'S AUTO SALES Defendant(s) v PNC BANK, N.A. TO THE PROTHONOTARY: NO. 06-1700 CIVIL TERM CIVIL ACTION - LAW PRAECIPE Please dissolve the Garnishment against PNC BANK, N.A. issued in the above- captioned matter. TO: Cumberland County Prothonotary Dated: November 13, 2007 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 Garnishee fV ..4, \Whj ?V\ V _-Y 'F a-.a co s V ' wY.?o ?i Y BL COMPANIES IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v JEFFREY ALLEN PARKER individually and trading as PARKER'S AUTO SALES Defendant(s) NO. 2006-01700 CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Judgment as settled and satisfied in full. TO: Cumberland County Prothonotary Dated: December 5, 2007 Robert D. Kodak, Esquire Attorney for Plaintiff Attorney I.D. No. 18041 C'7 ? C c? ? -r. ?.: ?A ? ? '9 r c-r C????.4? ? . .3