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Home My WebLink About02-1608Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ECHO INDUSTRIES, INC. 2001 State Road Camp Hill, PA 17011, Plaintiff V. R&E GENERAL CONTRACTORS & EXCAVATORS, INC. 2 Pheasant Court Columbus, NJ 08022, Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. .... CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendant: 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 defense or objections to the claims set forth against you. You are war0,ed 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ECHO INDUSTRIES, INC. 2001 State Road Camp Hill, PA 17011, Plaintiff V. R&E GENERAL CONTRACTORS & EXCAVATORS, INC. 2 Pheasant Court Columbus, NJ 08022, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, this "~1 ~ day of March 2002, comes the Plaintiff, ECHO INDUSTRIES, INC., by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff, ECHO INDUSTRIES, INC., is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its place of business located at 2001 State Road, Camp Hill, Cumberland County, Pennsylvania 17011, and is engaged in the business of renting and selling heavy equipment. 2. Defendant, R&E GENERAL CONTRACTORS & EXCAVATORS, INC., is a business corporation organized and existing under the laws of the State of New Jersey, with a place of business located at 2 Pheasant Court, Columbus, New Jersey 08022. 3. On or about October 23, 2001, Defendant, by and through its corporate officer, Mr. Ralph Iorio, executed a Rental Agreement (hereinafter "Agreement") with L.B. Smith, Inc., for the rental of one (1) used model 2500/3000 plant, including: Caterpillar 3406 Diesel Engine, Excel Model 5737 Recycling Impactor, 18' long vibrating grizzly feeder, ERIEZ magnet, on-plant generator, electrical controls, optional flip-top operator's station, and a separate portable radial stacking conveyor (hereinafter "Equipment"). A copy of the aforementioned Rental Agreement is attached hereto, made part hereof, and marked as Exhibit 4. The terms of the Agreement include delivery of the Equipment F.O.B. Camp Hill, Pennsylvania, with a three (3) month minimum rental at a rate of $25,000.00 per month. 5. Plaintiff, Echo Industries, Inc., is the successor-in-interest of L.B. Smith, Inc., by assignment of the Agreement with respect to L.B. Smith, Inc.'s rights and obligations set forth in the Agreement. 6. Plaintiff made delivery of the Equipment to Defendant as required under the Agreement, F.O.B. Camp Hill, Pennsylvania, which said Equipment was delivered in a proper, useable, and workable condition. 7. Defendant accepted delivery of the Equipment and, for all periods pertinent hereto, commercially benefited from the use and operation of the Equipment while said Equipment was in the possession of Defendant. 8. Plaintiff has fully performed all of its obligations and covenants contained in the Agreement in good faith and according to the true intent and meaning thereof. 9. Defendant has failed to pay Plaintiff the following amounts, which are rightfully due and owing to Plaintiff pursuant to the Agreement: Invoice No. E-R03871-88, dated October 26, 2001, in the amount of $25,000.00; Invoice No. E-R03911-88, dated November 29, 2001, in the amount of $26,653.17. 10. Pursuant to the terms of the Agreement, Plaintiff is entitled to a late charge of 1 ½ % per month (18% annual rate), in addition to the delinquent principal. 11. Pursuant to the terms of the Agreement, Defendant agreed to pay all reasonable attorney fees, expenses, and suit costs, including those associated with any appellate or post-judgment collection proceedings, in the event any litigation or controversy arises out of or in connection with the Agreement. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment against Defendant in the amount of $51,653.17, plus interest, attorney fees, and costs. :154951 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER ,, By: Mich/ael/(J. Cassidy Attof~y I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff I, MICHAEL MARCH, Executive Vice President of Echo Industries, Inc., state that I am authorized to make this Verification on its behalf, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~,~ ~ ~'~. ECHO INDUSTRIES, INC. Mfch~el ~larc~-~xecutive Vice President 2~0~ S~ta R~d, ~mp Hill, PA 17011 (he.in a~r ~i~ed ~e~ and R & E ~n~l Cont~ctors & ~vato~,, Inc. ~stomer Number Name 2 P~S~L C~:, Col~, NJ 08022 A/C - Phone Burl ~ ng ~n [hereinafter called 'User) Street Address City State/Z¥ County Owner agrees to rent to User and User hereby rents Eom Owner the foiler, lng drabbed equipment (hereinafter refen'ed to as 'equipment~. One (1) Used ~3del 250~/3000 plant, including: Cateroill~ 3406 Diesel Fanning. Model 5737 Recycling Im~actor, 18' long vibrATING ~zzl¥ feeder, ERLEZ maqnet, ¢... . PLACE OF USE: This equipment w~ll be used in BurlL6gton NJ on job site which pla~e will not be ~hanged without prior written consent of Owner. (COUNTY) (STATE) (PROJECT) Failure to obtain the ovmefs mnsent pr[or ~o relocating the equipment Or falure to Inform owner of Ule tocalJon of the equipment upon demand eonst~tes a matatiaJ breach of ~is agreemSn~ enl/Uing owner to alt remedies available ~umuant t~ this agreement and applicable law, .TRANSPORT: NI rental am F.O,B. Shipping Point. The User is responsible ~r hau[~Rg chan:Jee to the jobslte and return of the e~ulpmel~ to an E B. Smiu1, Ina. facility u~lass otherwise agreed in writing. TERMS OF RENTAL: This rental is for a MINIMUM term of r~L-r~e ( 3 ) R10~fr.b. beginning on the date of delivery and conl/nuing to the User, terminate this Re:iai Agreement at any Lime after the minimum term has expired, User promises tu pay Owner ~hatges IN ADVANCe be~inn:ng with the dale of delivee/and every 28 days thereafter as follows: User Rental Rate (single shift) per Insurance Valuel:ion $ 330,000.00 Insurance Agent: Phone: Mailing Address: Sales Tax / State $ Local / $ Physlca[ Damage Insurance Premium Total User Charges Filing Char~es (Firs~ period only) - UCC-l, State of~ Total Tax $ N/A $ $ $ ADDITIONAL RENT: User agree~s that rental t9 based on use of ~he equipment ,'or one shi~t per day, or not more than one hur~red seventy six (176) ~curs pet period. If equipman{ 's :r. sratad {n excess of one hundred seventy six (178) hours per period, additional rent will be charged at a rata of $...._~.~er hour ~n excess o~ 176, 'J User mmllnates th~s agreemenl before expiration of the minimum term, User agrees to pa)' all rent due plus 15% of the rent for ave~'/per,ch prior to expirsrion of the minimum tom1, NOTE: (t) The user is ~e~ulre:l to ~neure [his property with ell aEachments and acceas~es against all risks for an amount equal to the value stated above. ' The User shall insm..'ct a duty authorized agent o[ the insuring company to ~u'nieA t~e Owner with a certificate of insurance naming the Owner in the loss payable clause and insuring the equipment for the fi~ll value against loss er damage by f~re, extended ooverage, theft, coil/sion, vandalism, ma[i~ious das~c'~n, and all other perils, Ov~ner reserVeS the right to choose a claims adjusting firm who is familiar with the ren~ed equipm~L Owner reserves the ,-{~ht IO make needed repairs to keep the unit rented without the User insurance adjuster actually Ioeklng at the damages, The User w~Nes the right to Joint checks and authorizes the i~surer to make payment dlrect~y bo the Owner. (2) In event User is tax exempt, exemption cer~ffcate is ~ On file ri attached er direct pay permit is (3)If any charge payment is not pa~d w~thin tan (10) days are, due ~te, User promises to pay a late charge of 1 112% per month adrift/on to the charges. (4) Oil and filter changes st manufacturer recommended intervals are the respOosibil/ty of ~e customer as is murine maintenance and waariten~ suc~h as bucket ~ges, tee~. etc. Rental unit must be returned in dean ~ndition. Damage a~d addifionel cleaning am the res~bflity o~ the <~stomer, (-~) L.B. Smith, {~C. reserves the righ! to substitute a like piece of equipment at any fime during the rental per~od. The customer may request first refusal and purch~e ~e above llsted unit in wfliCh case a rents! satire ~hacge of 3'4 % over prima or a minimum of declining t3alance wRI Would you Itke PHYSICAL DAMAGE COVERAGE o~ the machine yau am ten[lng? YES ~ NO ~ If YES, Have you ever had any Physical Damage coverage canceled, non-renewed or any lessee in the last three yeats? YES 3Qc NO NO LIABiLiTY COVERAGE IS PROVIDED IN THIS AGREEMENT L USER HAS READ, UNDERSTANDS, AND ACKNOWLEDGES THAT THIS AGREEMENT IS ALSO SUBJECT TO THE TERMS AND CONDITIONS ON REVERSE SIDE HEREOF ACCEPTED ~r~dit ,approved User L. D. SMITH_, INC. By R & ~ C~3neral Contractors & E.xc~va~ors Ti~e Da~ " ' !,N,S, ,PE~TION ~Y U~ER: User shall ~nspeet ~ha ~ui~ p~r to in~=t ~ or ~. Un~ U~, p~ to ~e ~ ~u~menL ~ w~n no~ to ~er ~ a~ de~ Ot ~ obj~on ~ ~uip~n~ K shall ~ ~u~ve~ p~u~, ~at User h~ ~1~ i~ and a~M ~t ~uip~nt ~ in g~ ~nd~on and repair, and ~ Us~ b s~ w~ a~ ~ ~ ~uip~nt INaPEC~ON BY O~ER: ~ m~ ~ the ~u~nt ~ all m~nabfe ~. ~.HTE~NCE AND OPEn. ON: ~et Will, ~ ~ ~ expels, k~p ~ ~uip~nt In g~ w~i~ oral= ~ opem~ ~nd~lon and User ~11 ~m~h all mpia~nt pa~ a~ ~in~Mn~ ~u~d ~ pr~we ~e ~uipment a~[ng = g~ ~nda~s ~ ~n dud~ ~b m~l. U~r ~110pe~ ~ui~ment ~h ~ab~ ~m and ~11 use ~ onN ~r ~e ~;~e ~r ~l~ su~ ~uio~nt~ de~. s~l~ ~uding su~.~ ~at ~uld msuE ~ abn~al ~an an~ ~ser ~1 ~m~ w~h all ~. ~u~[~n and =~l~an~ a~limh~ ~ Pocosin, mai~n~ a~ ,o~ion ~ ~e eq~ment, u~mUon a~ ~ ~nan~ ~ ~ equ~nt she ~ und~ ~us~ ~n~l of User a~ pe~n~ ~ng a~ mai~in ng the ~Ui~ ~all and employ~ ~ U~r a~ not ~, ALTE,~N$; User wet make no a~ns or sub~n ef any ~n~, mm~nen~ or fi~ or mm~e or add any p~te a~ ~ ~e equi~e~ R~RN OF EQUIPM~T: Upon ~a~n of~a ~n~, or upon any ~u~ W ~r, ~r shall ~er a~ ~t~m ~e equipment ~ ~er at U~ds ex~e, In as g~ o~er a~ o~raUng mnd~ as when in~al~ del~ ~ U~, o~ina~ wear ~. In ~e ~ent U~r ~i~ ~ tatum ~uip~ ~er ~y ~e a~ n~ ~ ~ ~ul~ent, and User sha~ ~ I~ble ~ ~y aa expen~ ~ ~ion, ~tion, ~mge a~ ~g ~ equip~nL In ~ eve~ U~t el~ ~ ~m ~uip~ ~ ~e after ~e mln~ ~ ~ ~e rental, ~arg~ shall be adj~d on shall be bsU~ against ~e mn~l on~ and exd~Ne ~s t~ and insumn~ DA~GE O~ L~: User ~11 pr~p~ ~t~ ~ner or an de.ge, I~ or ~e~ ~ ~e ~u~ent, or any pa¢ of R, t~et~r ~ all ~. U~ ~ll ~poMib~i~ for da~ indudi~ phalli ~e a~ I~t mn~, I~s, d~on, vandalic, or ~ff of ~e equl~ent ~m ~e da~ of ~r.e~ u~ll ~um~ to ~e ~r In a mn~ ~emaenal ~on. ~en damage ~, ~e mn~l ~e ~11 ~nue ~ mpa]~ am m~e to ~m ~e m~ine ~ a s~ o~m60nal ~ndi~on ~pab~ ~ ~ing a~ ~n~ons as o~n~ in the ~n~~~. .,:, In ~e eve~ ~he U~r a~ ~e equ~p~, as heroin pm~d~, and the~r ~e ~.~ul~ffien~ ~d~fe~e or un~ ~r use, or, ~ ~r any o~ U~; ~eslrm to dl~n~nue the ~ of ~ ~ui~, the onN m~y 0f U~r shall ~~ ~l~nt ~er and m~inam th~ m~= ~y ~ner an amount wh;ch ~ no e~nt sha~ be b~ than ~e tmns~on ~a;es on ~ equt~[ a~ minimum mn~ he. In pmvid~ ~r, L!ABIU~ OF USE~[ ~r ~u~s ~l ~n~ff~ ~r ~ ag~es ~ l~emn~ ~ ~aln~ ~ ~11 p~ end sa~ ~ner ~ ~, any I~. I~bil~, damage a~ e~n~ In =nne~on w~ in~ ~ pe=ens, includl~ empl~ or U~r, ~ pmpe~ at~l~ ~m ot in ~nne~on ~ ~e u~ opamUon of ~e equl~ent ~m t~ time ~delNe~ ~ equip~nt until ~e tatum to ~r, and U~t will at ~ ~n expense de.nd ~ner ~ain~ and su~ ~a~ng ~ any atleg~ I~ r~blll~, ~am~e er expeme, induing ~i~ a~ Su~ ~emin O~er b ~ ~ have b~n negl~ent or wa~n~ in connexion ~ this Ag~nt, INSU~NCE: User ~ll ~, ~ Its ~n ~, Ila~l~ i~umn~ to p~ ~ ~r In an amount net I~e ~an ~0,0~ ~r parson a~ $500,~ for any a~ent er ~en~ for inju~ to pe~ns ~ $I~,0~ for ~amage ~ ~A~S= U~r w; p~ all toes, f~s ~ ~er ~a;es whi~ may be ~s~ in ~nn~on wiffi ~ ~ the equipment cluing the ~s ~ffia ~meme~ TITL~ AND P~81ON: ~e ~uip~n~ shall ~n ~ ~¢lus~e ~monal pm~ d O~r, or ~ a~ig~, and ~er shal[ have ~ ~e ~ to use of same under ~e mnd~ons ;ta~d in ~ ~me~nt. It ~ sped~l~ unde;to~ ~ User s~ll a~uim no equi~ tn or tight of ownemhlp to ~e ~ui~en~ and have no ~gh~ of a~ d~p~n, offier ~an ~e s~lly gmn~ heroin. DEFAULT: In the event of ~fault by ~ in ~nt of any ~ =h~es or in ~o~a~ ~e ~ of~ Ag~menL or ~, tn the opin~n of ~er,. the ~u~t ~ ~ing m~ or damaged in ~ ~ o~lna~ ~ar, or; U~r ~ in~t or ~ ~ do busing, or ~ a ~n in bank~t~ or ~r a~nge~ or m~an~n is ~ by or agai~t U~t, or E the equi~ent b ~aeh~ or a ~er ~ appoint~ ~t U~r, ~en this ~m~ent may te~inat~ ~ ~e e~on ~ ~ner ~ ~ner m~ t~ imm~i=e poss~s~n of ~ui~en~ w~ or ~out fo~ ot p~ ~ I~ and ~o~t ~Ni~ any ~g~ to any ~n~ due ~ ~ or ~y o~et tigh~ ~ ~er, In ~e event ~ any d~u~ ~e en~m min~ mn~l shall b~me im~te~ due and payable, w~out any demand by U~r er no~ to U~r. User agm~ to pay ~1 ~ ~ ~ll~on, l~l~ing a~m~ ~, ~u~ by ~ner to r~er mon~ d~ u~t~ Ag;~ment ot ~ m~ ~e equl~enL Delay or ~ure by ~ to ~eR a de~u~ hereunder shall not ~ns~le a wa~er of a~ subs~uent de~u~. If a~ o~n ~ pu~e ~ gran~ by ~ ~n~, ~e open ~ ~=e MIl ~ina~ a~ ~ ~ no ~er ~ and ~ ~ of t~ da~ of any defau~ ~ Cu~er, not ~i~ t~t ~ ~ult ~ later mrS, If C~r holds ~ion ~ ~e Equi~nt beyo~ ~ e~ ~n~ ~ op~on ~ pu~a~ ~ll retinae as Of ~e o~inal ~pim~on date of this ~. No ~e ~ ~ndu~ ~stomer of ~de or ~age ~11 pe~ to va~ ~e te~ ~thb ~n~ NO~ANER: No~ of ~e te~, ~vanants ot ~d~s ~ ~ls Agmeme~ shall be waned ~ any ~ of ~ner, i~ ~en~ or emp~, ~pt ~ an ins~me~ in w~ng, sign~ ~ an a~o~z~ o~r of ~net. NOTI;~ All no~ shall be ~ ~ ~ ~ ma~ ~drms~ ~ ~er ~ U~t, ~ ~lNe~, ~ ~eir ~d~ as d~lgnat~ by eRher pa~. ASSIGNME~: ~ ~ent m~ n~ be a~ by User and ~e equlpm~ ~y ~t be ~ or sub;ent~ by ~r. ~b ~ment ~y a~n~ by ~er and · su~ to any s~ Int=~ gmn~ by ~et in ~e ~u~ment ~ aw a~n~al i~n ~ ~er se~ pa~, ~N~RE,~G~EM~: ~e ~ and ~nd~ons of L. B. ~1~, In~'s C~ ~p~tlon Is in~;o~ hem~ by m~n~. ~e te~ an~ M~io~ of · e C~pll~n a~ ~e te~s ~n~ined ~above ~ntain the en~m agmeme~ ~en ~e pa~ ~d no o~et agmemenb, guamn~es, or wa~n~, omi or ~en, shall bind ~e pa~. A~O~'~ F~S: In ~ event any ~a~on ~ ~ntmve~ a~s out of or in ~n~on web ~ ~m~ent b~n the pa~ hem~, ~e pmva~g pa~ In su~ ~g~ion or ~e~ shall be enfitl~ to mc0~r from the ~r pa~ or pa~ies all ~aso~ab~ ~me~s f~, expenses a~ SuR co~, ink,ding ~e ~o~ted w~ any ~pell~e ~ ~udgement ~ll~ion pm~edl~s, LiM~A~ON OFWAR~,~ES A~D UABI~I~: O~ER MA~S NO ~P~SE~ATION OR WA~N~ OF A~ KIND, O~L OR~EN, ~ o~ ieeLteo, ~iH ~pEcl lo m~C~NTABIU~ OF THE EQUIPM~, frs F~NE~ FOR A PARTICU~R PU~S~ OR RBSPE~ TO INFRINGEM~T OR ~E U~ ~ AS STATED H~IN, USER WAI~ ALL C~IMS FOR 8PEC~L INDIRE~, OR CONSEQUE~L DA~GES, INCLUDING L~S OF USE OR PROFITS, HO~R A~SlNG. 60 f~l~ :).0 .:lfLl, SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2002-01608 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ECHO INDUSTRIES INC VS. R&E GENERAL CONTRACTORS & EXCA R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,R & E GENERAL CONTRACTORS & , EXCAVATORS INC prepaid, on the 2 PHEASANT COURT by United States Certified Mail postage 4th day of April ,2002 at 0000:00 HOURS, at COLUMBUS, NJ 08022 and attested copy of the attached COMPLAINT & NOTICE with receipt card was signed by ILLEGIBLE 04/13/2002 . Additional Comments: , a true Together The returned on Sheriff's Costs: Docketing 18.00 Cert Mail 4.17 Affidavit .00 Surcharge 10.00 .00 32.17 /~S~ T 'her l~aoS f~C~er 1 and County Paid by JOHNSON DUFFIE STEWART WEIDNER on 04/17/2002 . Sworn and subscribed to before me this 7~-~ day of~2~ 2~2_ A.D. I;rothonotary ' , · Complete items 1,2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse · can return the card to you. so that w .... *~ back of the rnailpiece, · Attach this caru or on the front if space permits. Nticle ressed to: ~eral Contractors & ExC~vators, Inc. 2 Pheasant court Col~. s, NJ 08022 A. Received by (piease Print Clearly) address different from item 17 t-I yea ½, enter delivery address below: [] No 7001 25t0 0009 10t7 0965 '? 0 0 ~~ DomeStic Return Receipt o~ ~.rm 3811, March 2Uu] J Postage & Fees Paid~ / usPs / '--"-"-'"- [Permit No. G-10 ] · Sender: Please print your name, address, and ZIP+4 in this box · CUMBERLAND COU~Ty SHERIFF'S DEPARTMENT ONE COURTHOUSE SQUARE CARLISLE PA 17013 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ECHO INDUSTRIES, INC., Plaintiff V, R&E GENERAL CONTRACTORS & EXCAVATORS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1608 Civil Term CIVIL ACTION - LAW TOTHEPROTHONOTARY: PRAECIPE FOR DEFA UL T JUDGMENT Enter judgment by default in favor of the Plaintiff, and against the Defendant, R&E GENERAL CONTRACTORS & EXCAVATORS, INC., by reason of the failure of the Defendant to enter an appearance or to file an Answer within 20 days of the date of service of the Complaint endorsed with a Notice to Defend, and assess the Plaintiff's damages as follows: Default Payments ............................................................................................ $51,653.17 Eighteen percent (18%) interest from October 26, 2001 ............................... $ ~.036.18 Total ................................................................................................... $56,689.35 together with judgment interest and attorney fees and costs, as may be determined. It is hereby certified that written notice of intention to file this Praecipe was mailed to the Defendant, R&E GENERAL CONTRACTORS & EXCAVATORS, INC., cio Mr. Ralph Iorio, 2 Pheasant Court, Columbus, NJ 08022, on May 3, 2002; said notice being mailed after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the aforesaid notice, together with receipt for mailing, are attached hereto as Exhibit "A," and made a part hereof. Dated: ~~"' : 158250 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Micl~/J. Cassidy Attoh, Cey I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff Johnson, Duffle, Stewart & Weidner ]~y: Michael J. Cassidy I.D. No. 82164 301 Market Street ?. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff FILE C PY ECHO INDUSTRIES, INC. 2001 State Road Camp Hill, PA 17011, Plaintiff R&E GENERAL CONTRACTORS & EXCAVATORS, INC. 2 Pheasant Court Columbus, NJ 08022, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1608 Civil Term CIVIL ACTION - LAW TO: Mr. Ralph Iorio R&E GENERAL CONTRACTORS & EXCAVATORS, INC. 2 Pheasant Court Columbus, NJ 08022 DATE: May 3, 2002 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 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 :157947.1 JOHNSON, DUFFLE, STEWART & WEIDNER M icl~ae, J/J. Cassidy Atto~y I.D. No. 82164 ,~ U.S.G.P.O.: 1988 -202-395/78[1./* PS FORM MAY 1976 '4817 CERTIFICATE OF SERVICE AND NOW, this 13th day of May 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing PRAECIPE upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Mr. Ralph Iodo R&E GENERAL CONTRA CTORS & EXCA VA TORS, INC. 2 Pheasant Court Columbus, NJ 08022 JOHNSON, DUFFLE, STEWART & WEIDNER Mic~/~f J. Cassidy