Loading...
HomeMy WebLinkAbout06-3113Daniel G. Dougherty, Esquire Attorney I.D. No. 61075 881 Third Street Suite B-3 Whitehall, PA 18052 (610) 264-9840 G C S SERVICE, INC. 370 N. Wabasha Street St. Paul, MN 55102 vs Plaintiff SEVEN HILLS INCORPORATED 1104 Fernwood Avenue Camp Hill, PA 17011 Defendant NOTICE NO You have been sued in Court. If you wish to defend against following pages, you must take action within twenty (20) days after thi served, by entering a written appearance, personally or by attorney, an Court, your defenses or objections to the claims set forth against you. fail to do so, the case may proceed without you and a judgment may b( Court without further notice for any money claimed in the complaint or requested by the Plaintiff. You may lose money or property or other ri FOR PLAINTIFF COUNTY, PA T OF COMMON PLEAS DIVISION (e . 3113 (ttt?-l ;, , the claims set forth in the Complaint and Notice are I filing, in writing with the You are warned that if you entered against you by the for any other claim or relief ghts important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A 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 HI G A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS O FICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR N FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHC 3 SOUTH HANOVER STREET CARLISLE, PA 17013 800-692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CIVIL DIVISION - LAW G C S SERVICE, INC. vs Plaintiff ,PENNSYLVANIA No. (2(,- 3 1 1 3 l111+1 -T, - SEVEN HILLS INCORPORATED CIVIL ACTION Defendant COMPLAINT NOW COMES, the plaintiff, G C S SERVICE, INC., by an through its attorneys, DANIEL G. DOUGHERTY, P.C. and DANIEL G. DOUGHERTY, ESQUIRE and sues the defendant, SEVEN HILLS INCORPORATED and in support of his Complaint, avers the following: I . The plaintiff, G C S SERVICE, INC., a corporation authorized to do business in the Commonwealth of Pennsylvania located at 370 North Wabasha Street,) St. Paul, MN 55102. 2. The defendant, SEVEN HILLS INCORPORATED, a corporation with a place of business at 1104 Fernwood Avenue, Camp Hill, Cumberland County, ? A 17011. 3. On or about April 1, 2005, the defendant, entered into a Agreement with plaintiff describing the terms of purchase of products plaintiff. A true and correct copy of the aforesaid Agreement is hereof and marked as Exhibit "A". 4. At the defendant's specific request plaintiff provides defendant at defendants various facilities as more fully described in the hereto, made a part hereof and marked Exhibit "B". Copies of this defendant. and Supply services provided by hereto, made a part and services to attached were delivered to 5. The product and services were provided for the prices set forth in Exhibit "B". 6. The prices charged in Exhibit "B" are correct, just and market prices for the product and services provided to defendant, ai the defendant agreed to pay. 7. Defendant is indebted to plaintiff in the amount of $4( November 10, 2005. 8. Defendant has received all credits to which defendant is 9. Although plaintiff has often demanded payment of the refuses to pay. WHEREFORE, Plaintiff demands judgment against the 1 owing of $ 46,372.49 dollars together with interest thereon from costs. DANIEL G. DATE: and the usual and further are the prices which plus interest from in question, defendant for the sum due and 10, 2005 and court P.C. Daniel G. Esquire Attorney F s Attorney I 7No. 75 881 Third e B-3 Whitehall, (610)264- ? Y r [7G c? - 1? r © Q N C? VERIFICATION I, Daniel G. Dougherty, Esquire, attorney for plaintiff, G C S SERVICE, INC. in the within matter, do hereby verify that I am duly authorized to make this verification on its behalf and that the statements contained in the Complaint are true and correc? to the best of my knowledge, information and belief. Affiant makes this verification though his personal knowledge, information and belief, and, that any information as to maters not stated upon affiant's personal knowledge is derived through investigation and conjersation with said Plaintiff. I understand that false statements made herein are subject t the penalties of 18 Pa.C.S. section 4904 relating to unworn falsification to authorities. D ' G. Doughe , P.C. ?3?In6 Date: Daniel G. Doughe , Esquire Attorney I.D. No. 1075 Attorney for Plain ' ff MAY. 1.2006 3:45PM ECOLAB SERVICES AND 8UPPLYACRHEMENT NO. 051 P. 3 This Agreement, made eBedlve as of April 1, 2006, Is between GCa $ervice, ne., located at 170 North Wabash& Street, St Paul. Minneacte 56102 ("OCS') and Seven Nats to ('Customer7. 1 • supoly of P During the term of this Ail , Customer may purchase from GCS Vie setvkxs and pMduds shown or d on dhe $erviw' and the 'Produds) A6 of Cusl~8 r14IM&J are w to this Agreement. Should Customer acquire future facilities, they will become subject the terns of this Agreement. Products are only for Customers own use and may not resold. 2. j?rleiro. The pricing for the Services and Products is shown or desori on Exhibit A. 3. PAYMM for Ondlaill: GCS will invoke Customers fadlitles monl ly for the Products purchased. Payment terms are not 30 days and Customer Is possible for any minimum order charge In accordance % ft GCS's then-Cutrent written Wky' Should Any it ices be ou?itanding for 30 days or more at the time when any is due, OCS reserves the right to offset any outstanding Invoices over 40 days gainat any refdnd otherwise due. 4. Delivery: Idle to Produete. GCS will deliver the Products std rem or the Servi* to customer at the times and locations reasonably requested by Custo mer. Title to the ProduW passes to Customer when they are delivered to Custom er, subject to any rightful rejection by Customer after prompt Inspection. Customer may um any Aghthrtiy rejected Products to GCS at GCS's atpona. 5. Preduet and Setvlca ashy. All Services will be done in a good and workmanlike manner. GCS makes no warranties regarding Via Products and the Products are q'cld As W and Customer agrees that any warranty claim regarding any P uct may only be made against the manufacturer of that Product. ALL OTH WARRANTIES REGARDING THE SERVICES AND PRODUCTS, EXPRESS OR IM [ED, INCLUDING ANY WARRANTY OF MERCHANTABIUTY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED. GCS ALSO DISCLAIMS LIABt TO CUSTOMER AND ALL OTHERS FOR ALL CONSEQUENTIAL, INCIDENTAL, DOOR SPECIAL DAMAGES CAUSED BY OR RELATED TO THE PARTS AND SERVI F.S. 6. Customer IOdillig 7catlgfL GCS wig defend, IndamnHy and hold r harmlow from and against any ilabillty, Induding reasonable attorneys' foes and court colts relating to badly ktjury, death or Property damage, but only to the portionate adent that such Injury, death or property damage Is caused by @ GCS's of warranties given in Section 5 above or O) GCS'e (or GCS's empkryees' or agA nts) negligent or Intentionally wrongful acts or omissions. Customer must give GCS prc To written notice of any dalrn for which Customer intends to seek recovery from GCS under OW Agreement. Customer may not settle, defend or litigate any dakn to , whloh Customer seeks or will seek indemldtioation from GCS without the prior written conserrt of GCS„ and GCS will not be gable for any settlement or "n established sinsk or cost or expense incurred by. Customer without that pdorwrhten oonaettL 71 Cgnndantf to The Product prices and other terns of this Aaraema by Customer as confidential and may not be disclosed or ahown to any -the priw,vrtiten consent of GCS. Customer agrees to Inform As peso this requkernent. The diedowro of the terms of this Agreement personnel or agents to an GCS competitor N a material breach a Customer may not post any WOMMVon relating to this Agreement on ti must be treated drd pony w" at and agents of y Custornar, Its this Agreement. intemet. l0 39dd S3rtlSSOS Tzgsgs4RL,9 /A:Fn 4na7/ill/all MAY. 1.2006 3:46PM ECOLAB NO.051 P. 4 e. Force Malaura. Parformance of any obligation under this Suspended, In whole or par; by either party without liability to the God, war, fire, inata'Pay to obtain raw materials due to allocation, or r beyond the reasonable control of such party or labor trouble, strike labor event Is not caused by the bad faith or unreasonable conduct c prevents, restricts or limits the performance of this Agreement Thr Invoke this provision by promptly notlfyln0'the other party of the n duration of this susmnnton. 9. Term and Tarmtnatien. 9.1 This Agreement will continue for three (3) years from the Agreement, unless terminated earlier only as follows: A. By mutual written consent of GCB and Oreement may bi xtent that an act 4 ty other occumsno6 r iryunotlon (If su such party) delays. affected party may Lure and estimated date of this or B. By the non-breaching party upon the failure to cud a material breach of any obligations under this Agreement, If s?I?lrlch material breach is not cured within 60 days after written ce Is given to the tu'eaching party. 9.2 Any termination under Section 9.1(8) rem Is tos te coY edles which either poly may have ageinctwiththeoutouter risirp out of o.ther tho broach or default and will not affect any rights Or ObagaOons o either poly adift under this Agreement prior to such termination, 10. Iiiiaticas. AN nodom and other communications under this Ag t must be in wetting and will be deemed given if delivered personally or mulled by ragiate or uRiOed malt, raasrt receipt requested, addressed as follows (or to such other s id as a parry may opacity). Notice to GCB Is only efecltlva if a copy of the notice Is ISO Sent 10 GCSIS General Counsel. Soren Fitlls Inc GCS SerAce, Inc. u,UOO AVENUE 617 N. Thirdl;t Q SO L, PhNe-- PA 19123 CaAMPMtt. 011 Attn_ $p u Tsdavarthv. Attn: MM D@Grng OwnarlOperator Wporde AoooutltS with a required Ecoiab Inc. EoOlab Center 370 North Wabesha St. Paul. MN 55102 Attn: General Cocoa 11. moral, This Agreement may not be aaMpr 9d, In whole or pert, by either party wshM the prior wRptan consent of the other. lout, GCB may assign its NO 12 and delegate its obigations under this Agreement to an GCS parent, subsWiwy or afl9Bate, Trite Agreamem Is bindirgl upon and Inures to the benefit Of each pint" respective suoceasors or assigns, subject to the consent requirements of Oils 8 n 11. Customer may not merge with another entity or undergo a change of control hout GOS's prior FO 39Vd tz F8500 SL969 9819 L9:69 900vTO/9a -MAY. 1.2006- 3:46PM ECOLAB NO. 051 P. 5 9 1 Written consent. This Agraamem rellem the OPIUM Understanding of trio parties and supersedes all previous and contempoaiieous agreements or and endings betwol n the parties, hour wridon and verbal, concerning the subject matter of this Agreement. This Agreement may only be amended ' by a writing Signed by the teapecWa representatives of GCS and Customer who signed this Agreement, o their successors-or supervisors. If the limns of any purchase order, release, adgMWd or other document or communication are intension with the terms of this regiment, the left of this Agreement govern. If any provision of ft Agreement is any reason held Invalid, Ineffechfe, unenforceable or contrary to public policy, th mmdrWer of this Agreement remains in full force and eRect rroNvfthetanding. This Ag Is govemW by the Internal lava of Mtnnesota wahout regard to the Conflict of laws rules, provisionsor statutes of any jurisdiction. Weiver of any breach by either party, or tiro of either parry to eremias any fights under this Agreement on one or more occaslo is not a waiveO of any right to exercise that right on another occasion. IN WITNESS WtfEREOP, the paMes execute this Agreement offective as of he data first written above. OC8 RVICE, IN Save Mills Ina I l / By: i / 8Y' "r' q A Prlt Name: Maw Gustafson Print Name: A G. 1 v 0 AV Two: vice president and general Manager Tills, lilt=s T i "-I 170 39Vd S3'10SS09 IZ96982iin L0:60. 900b/T0/50 ?-?----MAY. 1. 2006 3:46PM - ECOLAB an SwWces Bind Products Time and Materials Program Description and tsselo Pridng PROGRAM DESCRIPTION; Regular or emergency service by our faaQatArsin enhance kitchen equipment performance, help prevent broekdowna, reduce an erdend equipment We and help ensure safe am satisilacloiy operation. Gem during normal working hcura: a a.m.'to 3 o.m.. ter (htouah Fndav, e Additionally. GCS wig repair or replace defective pens as requested. This I most commercial cooking, wrrewsshprg and rsatggyyon equipment but does r Other things, the repair or maintenance of cofte mschinas, soda msonines grease traps, ray Tana Of the Installation, conversion, movhp or rebuilding (including, without Mnltation, boners, fry tots, compressors and evaporsh lnvoWg envkomnental recovery unb or the opening d any rsMgerallon ayste PRICING., All part(s) installed must be purchased from GCS. GCS will not t purchased by Customer from any source other than GCs. GCS will provkk the Products at the manufadurers then-current list price and (1) the 8ervta current hourly rates that prevail in a particular Customer location's locale Isss plus GCS•e then-current -Zip Trip" rate. GCS also charges a freight and hand) the Incoming freight charges from the manufatlure's location to our dock Adc nett day aM aN aveMad handling may apply. Customer will be tolled at the completion Of each request for aefvloe. AUTHORITY AND RESPON31OUrY; GCS will provide service described abi the customer nrmeins wktdn our payment terms. Our terms are net do day& may result in temporary or permanent suspension of all services for eac compliance. The ndq on eds 9AM A do not Wudd IoCal, .We, or 18dWd Was. whom to ' ' ' to fmslos. NO. 051 tadnnrryam cam ry coroummlion, Will be provided uding holidays. Dram applies to Include, among- f Rune, scales. any equipment . or any worts all any P"sY :ustomer wkh (1) at GCS's then. 5% discod* D fee to address anal charges for s, provided that figure to comply location not In and theca w" V* 90 3r1Vd S31H.4.SnF) nocvvr_ryro i n •ro n...•. i.? ..... MAY. 1.2006 3:46PM ECOLAB Time and Material Repair Service Billing N0.051 P. 7 GCS Service, Inc. Tm1e and material repair service orders are subject to the following pricing and billing poll es: 1. 7A,@,Trjg..&pEach order M subject to a Zip Trip Charge. Zip Trip Charge be detemrned braseb on the nva digitby code location of the faCtihy being servlood. tip TAP Charges a published in the most current GC9 Zip Code Pace Table. ZIP Trip Charge Is Subject to change without notion. Zip Trip Chas apply per order. Orders requldeg multiple trips will be subject to one additional p Trip Charge per order equal to 60 puaoord of the full Tip Trip Charge. 2. Time and rradadal repair service orders wra Sabjeo to a labor iN equal to the'Tedit Labor Cu en the work Crow murtiptied by the prevetiMry LAW Rate per Maur is published In the most awrem OCS Zip Code Price Table. Labor rates per hour are subject to Clangs out notice. Total Labor Hours we equal to the ditference between work order rooorded'ARRIVE TIME" nd'PIMSH TIME. 'ARRNE TIME" begins when teohnldso ardydd at me wont location and inolud situp and preparattop time, such to mowM totals and equlpmera nodded for to complete ordered work when technician has completed work replaced tools and equipment and obtain 'FINhlH TIME' is recorded authorised signature for work performed. Total Labor Hours are charged in 15 minute Increments, round d up. Labor Ratan, as published in tha most currant GC8 Zip Code Price Table, apply from 0:0a AM to :00 PM, time nine specific, Monday to Friday, Holidays excluded. 3. ovirdorm am me& overtime Zip Trip Charged and Labor Rates equal to 1,5 times t{te applicable rates Iisbd In %the most elafem 6C$ Zip Code Price Table. Holiday Tdp Clargas and Libor Rates are 2 times the applicable raise. Overtime hours are 5:00 PM to 5:00 AM ay to Friday, all day Saturday and all day Sunday. tididey hours apply on the following holidays: Labor Day, lTankagMng Day and Chdebn6a Oay. Independanas Day Day Vdam Day, Mamodal and Holiday Zip Tdp , , Charged will apply to service calls that are 1o0 percent during hours deandd as If service ati has an Initial call 100 percent during Overtime and a parts rehrn d me and Holiday hours. regular rime, only the initial call will be subjed to Overtime or Holiday Zip Trip charges. Addidarild Order On Tdb Each time and material repair service 4 is aubjeat to a Zip 1* _ Charge, except where the a err Is originated and Completed ww uud toohnIcian Orden originated and oomplead contiguous to a separate service order with a blued Z]p Trip will n be subject to a Zap Trip charge. orders originated condquousy to a separate serAce Order Witt a billed; Jp Trip Charge and completed Ina way that requires additional tsohrdcian bevel orthe travel of a p detivery teduddien will be subject to a Vp Trip Charge per order equal to 50% of the full Zip Tdp Chars . 5. MlIfte T rdwd. Time and material repair orders that require more Man one technician will be subject to the p p ergo for each technician. 0. Parts haraav. Parts ere charged according to the Orighlal Equlpmerd Menu urer current price lick or according to the mod current teoolab - GCS Pads and Supplies pricing sohddu 7, MIS Time and material service repair orders an subject to ' osuaneous charger: according to local Ecdab - OCS brsneh pricing poldes. These charges I but am not Iimltsd to: refteradon cherubs, onvirorvnectal charges. welding charges and motoring gas. 8. Freight Chwnas Time and material service repah, orders are subject to Itelght current Freight Charges schedule. ar<es. Time and material service repair orders are Subject to applicable local. Page f Oil May 1, 2004 as defined in robot aid federal taxes 90 Bevc! saws s TZ96$890T9 40:60 900Z/10/90 MAY, 1.2006 3:47PM ECO LAB N0.051 P. 8 List of items for J!xsmentlve Maintenance: Sbarro; ? ? ? D D A D A Roof Top IIVAC Unit Exhaust Fan Walk-in Cooler 2 Door Reach-in Freezer Yee Machine 2 Door Refrigerated Preparation Table Steamer Pizza Preparation Table Owens 3 or 4 Well Steam Line Salad Cold-2 Wells or Salad Case Dough Mixer Gas Range Great Steak & Potato: ? ? D D ? D Roof Top KVAC Unit Exhaust Fan - "Must replace a belt every tine!' Walk-in Cooler Ws&-JA Freezer Ice Machine Garland/Single Door Convection Oven Rankin Grill Meat Holding Freezer (Small & Self ContWned) Fry Master Fryer 2 Door True Reach-In Display Cooler 3-Dolfield Small Single Door Sandwich Units Potato Wa=ing Unit Slicer Na. Fields Cootriew D ? ? ? D ? 2 Door Hobart Reach-in Freezer 1-2 Door Robert Reach-in Cooler Ice Cream case Small Ice Machine Baking Oven 2 Taylor Yoghurt Machines Single Door Beverage Cooler Smoothie Blender L0 3Svd SErW.qS.In SEVEN HILLS INC 1104 FERNWOOD AVENUE CAMP HILL, PA 17011 ACCOUNTSUMMARY GREAT STEAK & POTATO 489 PRIME OUTLET BLVD HAGERSTOWN, MD 21740 GREAT STEAK AND POTATO 21100 DULLES TOWN CENTER STERLING, VA 20166 GREAT STEAK AND POTATO 3506 CAPITAL MALL DRIVE CAMP HILL, PA 17011 INVOICE NUMBER DOLLAR 425190 $450.00 431959 $26.61 431251 $410.65 442342 $702.45 448877 $2,198.20 448879 $2,742.87 463617 $199.24 472693 $264.42 472694 $196.28 472697 $431.00 483670 $450.00 498073 $72.96 500920 $2,862.46 505090 $470.38 425191 $450.00 434919 $994.71 435819 $67.01 463413 $422.09 483671 $450.00 496788 $61.97 505093 $262.69 511932 $172.04 523020 $378.80 720027 $168.00 718764 $450.00 $15,374.83 425194 $450.00 431233 $35.97 431250 $238.73 472692 $328.11 472699 $673.16 472701 $673.79 483674 $450.00 718767 $450.00 $3,299.76 421487 $95.82 425192 $450.00 434155 $44.24 454392 $564.34 483672 $450.00 487405 $176.20 718765 $450.00 $2,230.60 $15,374.88 $3,299.76 $2,230.60 GREAT STEAK AND POTATO 420794 $2,328.42 ROUTE 22 AND COLONIAL ROAD 426038 $36.57 HARRISBURG, PA 17109 425193 $450.00 434176 $227.80 436075 $415.82 436077 $18.76 448975 $562.45 472695 $225.38 483673 $450.00 493801 $273.59 499968 $79.55 178766 $450.00 $5,518.34 $5,518.34 SBARRO ITALIAN EATERY 423253 $91.80 1800 LOUCKS ROAD 425189 $450.00 YORK, PA 17040 429795 $1,226.61 472696 $119.37 472700 $202.60 483699 $450.00 496150 $79.55 496868 $106.61 495885 $422.57 503072 $353.12 510866 $373.06 512073 $356.23 520988 $106.81 718763 $450.00 $4,788.33 $4,788.33 SBARRO ITALIAN EATERY 425505 $26.08 ROUTE 22 & COLONIAL ROAD 425186 $450.00 HARRISBURG, PA 17109 431491 $494.21 433103 $56.29 438421 $82.36 483666 $450.00 493800 $81.09 494333 $214.54 502177 $468.63 718760 $450.00 $2,773.20 $2,773.20 SBARRO ITALIAN EATERY 425182 $450.00 17301 VALLEY MALL ROAD 434918 $47.39 HAGERSTOWN, PA 21740 458247 $474.06 460465 $1,144.13 472698 $1,225.88 472872 $532.23 483662 $450.00 496787 $86.07 507977 $178.14 513983 $1,308.27 516941 $431.79 520101 $241.55 703575 $1,551.92 722766 $418.25 712499 $53.91 718756 $450.00 $9,043.59 $9,043.59 SBARRO ITALIAN EATERY 419592 $139.30 3449 CAPITAL MALL DRIVE 420576 $132.44 CAMP HILL, PA 17011 422348 $118.91 425184 $450.00 434156 $1,212.69 472702 $368.74 483664 $450.00 487404 $259.55 495332 $360.34 499936 $126.70 718758 $450.00 $4,068.67 SBARRO ITALIAN EATERY 425188 $450.00 2899 WHITEFORD ROAD 429802 $43.29 YORK, PA 17402 431492 $287.34 497543 $121.15 432120 $197.05 433104 $297.34 434177 $228.96 483668 $450.00 492716 $42.00 492723 $79.55 517135 $444.91 523049 $206.25 718762 $450.00 $3,297.84 SBARRO ITALIAN EATERY 422349 $451.24 2500 MORELAND ROAD 425187 $450.00 WILLOW GROVE, PA 19090 451159 $440.17 483667 $450.00 509840 $81.98 718761 $450.00 $2,323.39 SBARRO ITALIAN EATERY 425183 $450.00 1750 DEPTFORD CENTER ROAD 440475 $74.67 DETFORD, NJ 08096 453762 $46.17 454389 $67.21 483663 $450.00 518533 $1,004.90 718757 $450.00 $2,542.95 MRS. FIELD COOKIES 425185 $199.00 2506 CAPITOL CITY MALL 483665 $199.00 CAMP HILL, PA 17011 487403 $3.18 718759 $199.00 $600.18 TOTAL CREDIT $4,068.67 $3,297.84 $2,323.39 $2,542.95 $600.18 $55,861.73 $4,881.19 $4,608.05 $46,372.49 a rri, ,-- W W Y i° N =i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW G C S SERVICE, INC. 370 N. Wabasha Street St. Paul, MN 55102 Plaintiff VS. NO. 2006-3113 SEVEN HILLS INCORPORATED 1104 Fernwood Avenue Camp Hill, PA 17011 Defendant PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSWER, AND ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant above named only for want of answer and assess damages certified to be calculable as a sum certain from the complaint, as follows: Debt $46,37 :49 Interest from November 10, 2005 1 85 90 TOTAL $48,227.39 Understanding any false statements made herein are subject to penalty under 18 Pa.C.S.A. Section 4904, Unworn Falsification to Authorities, I verify that: 1. The above are the precise last known address of the parties, 2. The attached notice of intention to file praecipe was mailed o all parties, Defendant and to their attorneys, if any, after default occurred, and at least ten days1prior to the date of filing this praecipe: and 3. The said Defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief act and is (are) over 18 years of age. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN UNDER Pa.R.Civ.p.236 PROTHONOTARY/CLERK Attorney for laintiff Attorney I.D NO.61075 881 Third S et, Suite B-3 Whitehall, P 18052 (610) 264- 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW G C S SERVICES, INC. Plaintiff vs :NO. 00-3113 SEVEN HILLS INCORPORATED Defendant TO: Seven Hills Incorporated 1104 Fernwood Avenue Camp Hill, PA 17011 Date of NOTICE: June 27, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAIL TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FI IN WRITING WITH THE COURT YOUR DEFENSES OROBJECTIONS TOTHECLAIMS TFORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF S NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING A D 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 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 O FEE. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURT 3 SOUTH HANOVER STREET CARLISLE, PENIAYLVANIA 1701 (800)692-7375 I \ Attorney I.D. No. 61( Attorney for Plaintiff 881 Third Street Suite B-3 Whitehall, PA 18052 (610) 264-9840 t7 =ry ?- 43 r. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND G C S SERVICE INC VS SEVEN HILLS INCORPORATED MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEVEN HILLS INCORPORATED the DEFENDANT , at 1520:00 HOURS, on the 6th day of June 2006 at 1104 FERNWOOD AVENUE CAMP HILL, PA 17011 by handing to JUDY WILLIAMS , BOOKKEEPER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00%_ Service 12.32 ?f Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 40.32.-/ 06/07/2006 l DANIEL DOUGHERTY Sworn and Subscibed to By: ---1 before me this day Deputy S eriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL, DIVISION PRAECIPE FOR WRIT OF EXECUTION vs SEVEN HILLS INCORPORATED 1104 Fernwood Ave Camp Hill, PA 17011 : File No. 2006-3313 3113 Amount Due $48,227.39 Interest 7/14/06 $ 723.41 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Caption: G C S SERVICE, INC. ? Confessed Judgment ? Other issue writ of execution in the above matter to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) Levy upon all personal property of defendant Seven Hills Incorporated located at 1104 Fernwood Ave, Camp Hill PA and list specifically. PRAECIPE FOR ATTACWAENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pend gainst real estate of the defendant(s)Pescribed in the attached exhibit. Date to ?lg Signature: Print Name: Daniel G. Dou gherty, Esquire Address: 881 Third St. Suite 8-3 Whitehall, PA 18052 Attorney for: GCS Service, Inc . Telephone: - 610-264-9840 Supreme Court ID No: 61075 ? w St, .o o v c o e a N ?? p. ? . t ? x C 3 WRIT OF EXECUTION and/or ATTACHMENT w COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3113 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due G C S SERVICE, INC., Plaintiff (s) From SEVEN HILLS INCORPORATED, 1104 FERNWOOD AVE., CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF DEFENDANT SEVEN HILLS INCORPORATED LOCATED AT 1104 FERNWOOD AVE., CAMP HILL PA AND LIST SPECIFICALLY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $48,227.39 L.L. $.50 Interest 7/14/06 - $723.41 Atty's Comm % Atty Paid $122.32 Plaintiff Paid Due Prothy $1.00 Other Costs Date: OCTOBER 25, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. DOUGHERTY, ESQUIRE Address: 881 THIRD ST. SUITE B-3 WHITEHALL, PA 18052 Attorney for: PLAINTIFF 6 U- TU 4 Curtis 11C Long, ,T t onota By: Deputy Telephone: 610-264-9840 Supreme Court ID No. 61075 i Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrel C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookr dcdlaw.net Attorney for Defendant G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SEVEN HILLS INCORPORATED: Defendant No.: 06-3113 CIVIL TERM CIVIL ACTION - LAW PETITION TO OPEN DEFAULT JUDGMENT AND NOW, comes the Defendant, Seven Hills Incorporated, by and through its Attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Bryan W. Shook, Esquire, and respectfully petitions this Court pursuant to Pa. R.C.P. 237.3 to Open the Default Judgment, and in support of this petition represents: 1. A services and supply agreement was entered into on or about April 1, 2005 between Defendant, Seven Hills Incorporated, and Plaintiff, G C S Service, Inc. 2. A Complaint was filed, by Plaintiff in the action at bar, with the Prothonotary of Cumberland County on May 31, 2006. 3. The cause of action in Plaintiff's Complaint allegedly arises out of the services and supply agreement entered into on or about April 1, 2005. 4. The Complaint was served by the Sheriff of Cumberland County by handing a copy of the Complaint to Judy Williams, Bookkeeper, adult in charge at 1104 Fernwood Avenue, Camp Hill, Cumberland County, PA 17011 on June 7, 2006. 5. A Ten day default judgment notice dated June 27, 2006 was allegedly sent to Defendant, Seven Hills, Inc., by Plaintiffs attorney, Daniel G. Dougherty, Esq. 6. Defendant, Seven Hills, Inc. believes, and, therefore, avers, that they never received the ten day default judgment notice. 7. A Praecipe for entry of Judgment for Want of and Answer was filed with the Prothonotary of Cumberland County, Pennsylvania on July 14, 2006. 8. Accordingly, a judgment in the amount of $48,227.39 with interest to July 14, 2006 in the amount of $723.41 was entered against Defendant, Seven Hills, Inc. 9. On October 25, 2006 a Writ of Execution was issued by the Prothonotary of Cumberland County to attempt to collect the monies owed under the Judgment of July 14, 2006 owing to Plaintiff, G C S Service, Inc. 10. Defendant avers that they were only given notice of this action at the time the Sheriff came to levy upon all the personal property of Defendant. 11. Defendant disputes the Complaint. 12. Defendant believes, and, therefore, avers that it can offer a meritorious defense to Plaintiffs Complaint. 13. Defendant was unrepresented by counsel in this matter until November 30, 2006. 14. Defendant was in the midst of a complete office relocation during the month of June, 2006. 15. Defendant appeals to the equitable powers of this Honorable Court to open the default judgment and allow Defendant to respond to Plaintiffs Complaint, on the merits by way of their proposed Answer and New Matter which is attached hereto. WHEREFORE, Defendant, Seven Hills Incorporated, respectfully requests that this Honorable Court open the default judgment. Date: I a-0cl-,2006 Respectfully subm By Z , , Brya W. Shook, Esquire I.D. No. 203250 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 Attorney for Defendant VERIFICATION I, Raghu Tradavarthy, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ,I -acc Raghu Tradavarthy Dater Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook&dcdlaw.net Attorney for Defendant G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SEVEN HILLS INCORPORATED: Defendant No.: 06-3113 CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are wamed 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 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 3 SOUTH HANOVER STREET CARLISLE, PA 17013 1-800-692-7375 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook«?dcdlaw.net Attorney for Plaintiff G C S SERVICE, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No.: 06-3113 CIVIL TERM SEVEN HILLS INCORPORATED: CIVIL ACTION - LAW Defendant NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plaio al partir de al fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notification y por cualquier queja o akuvui que es pedido en la petition de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 3 SOUTH HANOVER STREET CARLISLE, PA 17013 1-800-692-7375 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrel C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookr?dcdlaw.net Attorney for Defendant G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 06-3113 CIVIL TERM SEVEN HILLS INCORPORATED: CIVIL ACTION - LAW Defendant DEFENDANT'S PROPOSED ANSWER AND NEW MATTER 1. Admitted. 2. Admitted in Part, Denied in Part. It is admitted that Defendant, Seven Hills, Incorporated is a corporation however it is denied that they have a place of business at 1104 Fernwood Avenue, Camp Hill, Cumberland County, PA 17011. Defendant does have a place of business at 3900 Trindle Road, Suite 200 Camp Hill, Cumberland County PA 17011. 3. Admitted in Part, Denied in Part. It is admitted that on or about April 1, 2005 Plaintiff and Defendant entered into a services and supply agreement however any reference to a legal conclusion that Plaintiff is bound by terms of purchase of products and services provided therein is specifically denied. Additionally any reference or illusion to the fact that Plaintiff may have done all that was required by them under the contract is also specifically denied and furthermore proof thereof is specifically demanded at time of trial. 4. Admitted in Part, Denied in Part. It is admitted that Defendant could specifically request Plaintiff to perform services under the contract. Any reference or illusion to the fact that Plaintiff may have done all that was required by them under the contract is hereby specifically denied and furthermore proof thereof is specifically demanded at time of trial. 5. Admitted in Part, Denied in Part. It is admitted that Exhibit B does set forth the prices. It is Denied that all services were performed or were performed in a workman-like manner to a standard of quality commonly expected from such an agreement and/or relationship. 6. Admitted in Part, Denied in Part. It is admitted that the prices in Exhibit B are correct however Defendant believes, and, therefore, avers that with respect to whether they are reasonable and just are legal conclusions to which no responsive pleading is required. To the extent one is required it is specifically denied and proof thereof is demanded at time of trial. Additionally, any reference or illusion to the fact that Plaintiff may have done all that was required by them under the contract is hereby specifically denied and furthermore proof thereof is specifically demanded at time of trial. 7. Denied. Defendant specifically denies the averments of Paragraph 7 and accordingly offers that Defendant was inter a/ia, billed for services not rendered and billed for services for which no preauthorization was obtained. As well, Defendant believes, and, therefore, avers that because the preventative maintenance which Defendant contracted with Plaintiff to conduct was not being 2 performed, Plaintiff incurred higher expenses over time as a result of preventative maintenance not being performed as contracted for. 8. Denied. Defendant is without sufficient knowledge or information to form a belief as to whether or not they received all credits to which they are entitled. Specific proof is demanded at time of trial. 9. Admitted. Defendant admits that it has refused to pay Plaintiff the sum in question however Defendant offers that it is not indebted to Plaintiff for the sum in question. WHEREFORE, Defendant, Seven Hills, Incorporated, demands judgment in its favor and against Plaintiff plus any other relief that this Honorable Court deems just. NEW MATTER 1. The Defendant incorporates its answers to the preceding paragraphs as though fully set forth herein. 2. If allowed to proceed with this claim, Plaintiff would be unjustly enriched as Plaintiff has billed Defendant for services not rendered. 3. The Plaintiffs actions are barred or limited by the doctrine of estoppel 4. The Plaintiffs actions are barred or limited by the doctrine of lathes. 5. The Plaintiff's actions are barred or limited by the doctrine of release. 6. The Plaintiff's actions are barred or limited by the doctrine of res judicata. 7. The Plaintiff's actions are barred or limited by the doctrine of statute of frauds. 8. The Plaintiffs actions are barred or limited by the doctrine of waiver. 3 WHEREFORE, Defendant, Seven Hills, Incorporated, demands judgment in its favor and against Plaintiff plus any other relief that this Honorable Court deems just. Respectfully Submitted, Dated: By: Bryan W. Shook, Esquire I.D.# 203250 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff 4 VERIFICATION 1, Raghu Tradavarthy, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Raghu Tradavarthy Date: ? a ??bL G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 06-3113 CIVIL TERM SEVEN HILLS INCORPORATED: CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing PETITION TO OPEN DEFAULT JUDGMENT AND PROPOSED ANSWER WITH NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: To: G C S Service, Inc. c/o Daniel G. Dougherty, Esquire 881 Third Street, Suite B-3 Whitehall, PA 18052 Dated: )A-(,'_?00C Respectfully Submitted, By: )L,?- Brygn W. Shook, Esquire I.D.# 203250 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant _` . • a 3 ft V yy-?yyf W G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-3113 CIVIL SEVEN HILLS INCORPORATED, Defendant IN RE: DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT ORDER AND NOW, this e' day of December, 2006, upon consideration of the foregoing petition, it is hereby ordered that: 1. a rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; 2. the respondent shall file an answer to the petition within twenty (20) days of service upon the respondent; 3. the petition shall be decided under Pa.R.C.P. No. 206.7; 4. depositions shall be completed within forty-five (45) days of this date; 5. argument shall be held on Wednesday, February 14, 2007, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA; and 6. notice of the entry of this order shall be provided to all parties by the petitioner. /ariel G. Dougherty, Esquire For the Plaintiff/Respondent 1 X-6 an Shook, Esquire or the Defendant/Petitioner rlm BY THE COURT, OF TA9 y 0 r"C r -6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW G C S SERVICE, INC. Plaintiff No. 06-3113 vs SEVEN HILLS INCORPORATED CIVIL ACTION Defendant PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT Plaintiff, G C S Service, Inc. by and through it's counsel, Daniel G. Dougherty, P.C. and Daniel G. Dougherty, Esquire submits the following Response to Defendants Petition to Open Default Judgment as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is admitted the complaint was served by the Sheriff of Cumberland County by handing a copy of the Complaint to Judy Williams, Bookkeeper, adult in charge at 1104 Fernwood Avenue, Camp Hill, Cumberland County, Pa 17011. It is specifically denied the service date was June 7, 2006. By way of further answer the complaint was served on June 6, 2006. See attached copy of the Sheriff's return of service attached hereto and marked as Exhibit "A". 5. Admitted. Byway of further answer the 10 day notice pursuant to Pa. R.C.P. 237.1 was sent to defendant at the address where the Complaint was served: 1104 Fernwood Avenue, Camp Hill, Pa 17011. 6. Denied. The allegation of this paragraph is in the exclusive control of defendant. By way of further answer the 10 day notice mailed to defendants address was not returned as undelivered by the post office and therefore deemed delivered. 7. Admitted. 8. Denied. It is admitted a judgment in the amount of $48,227.39 was entered against Defendant, Seven Hills, Inc. July 14, 2006. It is specifically denied the interest to July 14, 2006 is only $723.41. By way of further answer the amount of interest included in the judgment up to the date of filing is $1,854.90. See attached copy of the Default Judgment attached hereto and marked as Exhibit "B". 9. Admitted. 10. Denied. It is specifically denied defendant was only given notice of this action at the time the Sheriff came to levy upon all the personal property of Defendant. By way of further answer, defendants were notified by ordinary mail on July 14, 2006 as required by Pa. R.C.P. 236 with a copy of the judgment mailed by the Prothonotary of Cumberland County to the address of defendant where the Complaint was served. In addition, at least four (4) telephone attempts were made to ( #717-909-0580) for Rahgu Tradavarthy, principal of Defendant, with messages left with Judy Williams, bookkeeper. None were responded to. Furthermore, correspondence was sent to Defendant on August 17, 2006 to have the judgment paid. Neither the 236 notice or the August 17, 2006 mailings were returned as undelivered by the post office, and therefore deemed delivered. A copy of the August 17, 2006 letter is attached hereto and marked as Exhibit "C". It. Denied. The allegation of this paragraph is in the exclusive control of defendant. Plaintiff has no knowledge of any dispute to the Complaint. 12. Denied. It is specifically denied that defendant has a meritorious defense to plaintiff's Plaintiff's Complaint. By way of further answer, the time for raising the alleged defense has past, due to defendants failure to timely respond to the complaint in accordance with Pa. R.C.P. 1026 and 237.1. 13. Denied. The allegations of this paragraph is in the exclusive control of the defendant. 14. Denied. The allegations of this paragraph is in the exclusive control of the defendant. By way of further answer, Defendant admits being served with the complaint which in accordance with Pa. R.C.P. 1026 was accompanied with a Notice to Plead within 20 days of service. 15. No answer is required. Wherefore, Plaintiff respectfully requests that this Honorable court deny Defendant's request to open Plaintiffs judgment. Daniel G. Dougherty, Esquire BY: Daniel G. Dougherty, Esquire Attorney I.D. No. 61075 Attorney for Plaintiff 881 Third Street, Suite B-3 Whitehall, PA 18052 (610) 264-9840 VERIFICATION I, Daniel G. Dougherty, Esquire, attorney for plaintiff, G C S SERVICE, INC. in the within matter, do hereby verify that I am duly authorized to make this verification on its behalf and that the statements contained in the Complaint are true and correct to the best of my knowledge, information and belief. Affiant makes this verification through his personal knowledge, information and belief; and, that any information as to matters not stated upon affiant's personal knowledge is derived through investigation and conversation with said Plaintiff. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. iel G. Dougherty, P.C. Date: Daniel G. Dougherty, Esquire Attorney I.D. No. 61075 Attorney for Plaintiff SHERIFF.'S.RETURN - REGULAR -CASE NO: 2006-03113 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND G C S SERVICE INC VS SEVEN HILLS INCORPORATED MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEVEN HILLS INCORPORATED the DEFENDANT , at 1520:00 HOURS, on the at 1104 FERNWOOD AVENUE CAMP HILL, PA 17011 JUDY WILLIAMS , BOOKKEEPER by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 12.32 .00 10.00 R. Thomas Kline .00 40.32 06/07/2006 DANIEL DOUGHERTY By : day Deputy Sheriff A. D. 6th day of June , 2006 it >> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW G C S SERVICE, INC. 370 N. Wabasha Street St. Paul, MN 55102 Plaintiff vs. NO. 2006-3113 SEVEN HILLS INCORPORATED x- 1104 Fernwood Avenue Camp Hill, PA 17011 Defendant -- , PRAECIPE FOR ENTRY OF JUDGMENT FOR WANT OF AN ANSVVER; AND- '-' ASSESSMENT OF DAMAGES, VERIFICATION OF ADDRESS a: AND NON-MILITARY SERVICE TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant above named only for want of answer and assess damages certified to be calculable as a sum certain from the complaint, as follows: Debt $46,372.49 Interest from November 10, 2005 $ 1.854.90 TOTAL $489227.39 Understanding any false statements made herein are subject to penalty under 18 Pa.C.S.A. Section 4904, Unsworn Falsification to Authorities, I verify that: 1. The above are the precise last known address of the parties, 2. The attached notice of intention to file praecipe was mailed to all parties, Defendant and to their attorneys, if any, after default occurred, and at least ten days prior to the date of filing this praecipe: and 3. The said Defendant is not in the military service of the United States or otherwise within the coverage of the Soldiers and Sailors Civil Relief act and is (are) over 18 years of age. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN UNDER Pa.R.Civ.p.236 PROTHONOTARY/CLERK Daniel G.- Dougherty, Esquire Attorney for Plaintiff Attorney I.D. NO. 61075 881 Third Street, Suite B-3 Whitehall, PA 18052 (610)264-9840 « r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW G C S SERVICES, INC. Plaintiff vs :NO. 06-3113 SEVEN HILLS INCORPORATED : CIVIL ACTION Defendant TO: Seven Hills Incorporated 1104 Fernwood Avenue Camp Hill, PA 17011 Date of NOTICE: June 27, 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 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 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY COURTHOUSE 3 SOUTH HANOVER STREET CARLISLE, PE YLVANIA 17013 (800)692-7375 DANIEL G. DOUGHERTY, ESQUIRE Attorney I.D. No. 61075 Attorney for Plaintiff 881 Third Street Suite B-3 Whitehall, PA 18052 (610) 264-9840 DANIEL G. DOUGHERTY, P.C. Attorney At Law 881 3RD Street, Suite B-3 Whitehall, PA 18052 Seven Hills Incorporated Attn: Raghu Tadavarthy 1104 Fernwood Avenue Camp Hill, PA 17011 Phone(610)264-9840 Fax(610)264-4878 August 17, 2006 RE: G C S Service, Inc. Balance: $48,391.89 includes cost Dear Mr. Tadavarthy: You are aware Judgment was entered against Seven Hills Incorporated July 14, 2006 in the amount of $48,227.39 plus costs of $164.50 for a total of $48,391.89. Interest is accruing on this balance. You are requested to contact this office immediately to discuss satisfaction of the outstanding balance. Not hearing from you within ten days we will proceed using all legal means available, including a personal property execution/ garnishment. We anticipate your prompt response. Very truly yours, Charles L. Edgar Legal Assistant This letter is an attempt to collect a debt. Any information obtained will be used for that purpose. Daniel G. Dougherty, Esquire Identification No. 61075 881 Third Street Suite B-3 Whitehall, PA 18052 (610) 264-9840 G C S SERVICE, INC. vs Plaintiff SEVEN HILLS INCORPORATED Defendant CERTIFICATE OF SERVICE No. 06-3113 CIVIL ACTION DANIEL G. DOUGHERTY, ESQUIRE, Attorney for Plaintiff hereby certifies that on December 7, 2006 he served Plaintiffs Response to Defendant's Petition to Open Default Judgment in the above matter by ordinary, first-class mail on defense counsel, Bryan W. Shook, Esquire at his address of 2132 Market Street, Camp Hill, PA 17011 as attorney of record for Defendants. Respectfully submitted, Attorney for Plaintiff By DANIEL G. DOUGHERTY, ESQUIRE Attorney for Plaintiff /°"1 ? C:: :? r? {J `T? <? r, , , ? ?...?y ? ?? r . ?-? . . ,t?, _ -Cg ?. i CTS : (U i_) 4-t "r :? -- W G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SEVEN HILLS INCORPORATED, Defendant/Petitioner NO. 06-3113 CIVIL IN RE: DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT ORDER AND NOW, this 2 Zr' day of February, 2007, following argument thereon, the petition of the defendant to open default judgment is DENIED. BY THE COURT, Hess, J. ?Daniel G. Dougherty, Esquire For the Plaintiff/Respondent Xryan W. Shook, Esquire For the Defendant/Petitioner :rim l? O ,d1 C I • I Wd ZZ 8IA LOU 3'!-l =10 301U-C-1-113 Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrel C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 Ml'vkosh1dadcdlaw.net Attorney for Defendant G C S SERVICE, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No.: 06-3113 CIVIL TERM SEVEN HILLS INCORPORATED: CIVIL ACTION -- LAW Defendant NOTICE OF APPEAL Notice is hereby given that Seven Hills, Incorporated, defendant above named, hereby appeals to the Superior Court of Pennsylvania from the order entered in this matter on the 22"d day of February 2007. This order has been inter in the docket as evidenced by the attached copy of the docket entry. As per a March 22, 2007 telephone conversation with Ms. Barbara Graham, The Honorable Judge Hess' Court Stenograph, there is no verbatim record of the Argument of February 14, 2007. Date:_)-j6ky-Lk 4-a &00-1 Respectfully submitted, By: Michael yk , sq. I D# 58851 2132 Market Street' Camp Hill, PA 17011 (717) 975-9446 G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vi. No.: 06-3113 CIVIL TERM SEVEN HILLS INCORPORATED: CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing NOTICE OF APPEAL, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: To: G C S Service, Inc. c/o Daniel G. Dougherty, Esquire 881 Third Street, Suite B-3 Whitehall, PA 18052 The Honorable Judge Kevin A. Hess 1 Courthouse Square Carlisle, PA 17013 Barbara Graham, Court Stenographer 1 Courthouse Square Carlisle, PA 17013 Taryn N. Dixon, Esquire District Court Administrator 1 Courthouse Square Carlisle, PA 17013 Dated: 310 I o ? Respectfully Submitted, By: 'Z/ - Michael J" Pykosh, Esquire I. D.# 58851 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant G C S SERVICE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SEVEN HILLS INCORPORATED, Defendant/Petitioner NO. 06-3113 CIVIL IN RE: DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT ORDER AND NOW7 this 2 z'' day of February, 2007, following argument thereon, the petition of the defendant to open default judgment is DENIED. BY THE COURT, 'a 14 in A Hess, J. ?Daniel G. Dougherty, Esquire For the Plaintiff/Respondent Aryan W. Shook, Esquire For the Defendant/Petitioner :rlm flK . ?l 1?1 Ile' 0 tf astimyw wed, I here unto S" the so ofSo aM A a? T 0br? ?doo COMMONWEALTH OF PENNSYLVANIA Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary P Superior Court of Pennsylvania Middle District March 27, 2007 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www.superior.court.state.pa.us Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: 510 MDA 2007 GCS Service, Inc. V. Seven Hills Incorporated, Appellant Dear Mr. Long: Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa. R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Very truly yours, Karen Reid Bramblett Prothonotary TP Enclosure 1:04 P.M. Appeal Docket Sheet Docket Number: 510 MDA 2007 Superior Court of Pennsylvania Page 1 of 3 March 27, 2007 GCS Service, Inc. V. Seven Hills Incorporated, Appellant Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: March 26, 2007 Journal Number: Case Category: Civil Awaiting Original Record CaseType: Civil Action Law Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received Next Event Due Date: April 10, 2007 Next Event Due Date: May 1, 2007 3/27/2007 3023 1:04 P.M. Appeal Docket Sheet Docket Number: 510 MDA 2007 Superior Court of Pennsylvania Page 2 of 3 March 27, 2007 COUNSEL INFORMATION Appellant Seven Hills Incorporated Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Pykosh, Michael J. Bar No.: 58851 Law Firm: Address: 2132 Market Street Camp Hill, PA 17011 Phone No.: Fax No.: Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee GCS Service, Inc. Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Dougherty, Daniel Glendon Bar No.: 61075 Law Firm: Dougherty, Daniel G., P.C. Address: Fullerton Building 881 3rd St Ste B3 Whitehall, PA 18052 Phone No.: (610)264-9840 Fax No.: (610)264-4878 Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 3/22/07 Notice of Appeal 60.00 60.00 2007SPRMD000263 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: February 22, 2007 Judicial District: 9 Date Documents Received: March 26, 2007 Date Notice of Appeal Filed: March 22, 2007 Order Type: Order Entered OTN: Judge: Hess, Kevin A. Lower Court Docket No.: 06-3113 Judge ORIGINAL RECORD CONTENTS 3127/2007 3023 1:04 P.M. Appeal Docket Sheet Docket Number: Page 3 of 3 March 27, 2007 Superior Court of Pennsylvania 510 MDA 2007 JAL ZMW Original Record Item Filed Date Content/Description Date of Remand of Record: BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By March 26, 2007 Notice of Appeal Filed Appellant Seven Hills Incorporated March 27, 2007 Docketing Statement Exited (Civil) Middle District Filing Office 3/2712007 3023 s ? ? ? t -r s ivr ?^ '` ? co ? ? , G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS O Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLV/ vs. : CIVIL ACTION - LAW SEVEN HILLS INCORPORATED, : Defendant/Petitioner : NO. 06-3113 CIVIL IN RE: APPEAL OF DEFENDANT ORDER AND NOW, March 26, 2007, in accordance with Rule 1925 of the Rules of Procedure, the Defendant having filed a notice of appeal, the appellant is directed t6 llate of record, within fourteen (14) days hereof, and serve upon the undersigned a concise statement of the matters complained of on the appeal. BY THE COURT, Hess, J. Xniel C. Dougherty, Esquire For the Plaintiff Xchael J. Pykosh, Esquire F For the Defendant :rlm L .:C I)d 9l d7W LOOZ n o1:),:,"D-0?- I1J- GCS SERVICE, INC., Plaintiff/Respondent V. SEVEN HILLS INCORPORATED,: Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-3113 CIVIL TERM IN RE: DEFENDANT'S PETITION TO OPEN DEFAULT JUDGMENT Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, February 14, 2007, in Courtroom Number 4. APPEARANCES: DANIEL G. DOUGHERTY, Esquire For the Plaintiff/Respondent (Via telephone) BRYAN W. SHOOK, Esquire For the Defendant/Petitioner 9 Z :1 a mTV 6Z U"W [OOZ 314 ?O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor. THE COURT: Mr. MR. DOUGHERTY: THE COURT: You MR. DOUGHERTY: THE COURT: Can MR. DOUGHERTY: Dougherty. Yes, Your Honor. can hear me apparently? Barely. you hear me now? A little bit better, Your THE COURT: Well, fortunately I won't have too much to say. This is an argument with counsel, but I just wanted you to know I am here. And Mr. Shook is present here in the courtroom. This is on your petition to open default judgment? MR. SHOOK: My petition, Your Honor. THE COURT: Can you hear Mr. Shook? MR. DOUGHERTY: No, I cannot. THE COURT: If you stand right in front of that, he will hear you. MR. SHOOK: Can you hear me now? MR. DOUGHERTY: Yes, I can. THE COURT: Okay. We will let him make argument. Am I right, before he begins, am I right that no depositions have been taken? MR. SHOOK: That is correct. THE COURT: All right. Thank you. MR. SHOOK: Mr. Dougherty, can you hear me if 2 1 I talk at this level? 2 MR. DOUGHERTY: Yes, I can. 3 MR. SHOOK: Thank you. Good morning, Your 4 Honor. 5 THE COURT: Good morning. 6 MR. SHOOK: If it may please the Court, I 7 represent Seven Hills Incorporated. We are here today to 8 petition the Court to open the default judgment which has 9 been entered against my client. My client has averred in 10 the petition that he was not aware of this process until the 11 sheriff apparently showed up at his corporate office on 12 Trindle Road. And at that point he came to my office and 13 sought counsel. And we immediately filed the immediate 14 petition here, the instant petition. 15 My client can offer a meritorious defense to 16 this petition. My client, like I said, was unrepresented 17 until November 30th, 2006. And at the time that this 18 petition was allegedly served to him he was -- it was served 19 to his Fernwood Avenue address. And that was in early June 20 2006. He was in the midst of a complete office relocation 21 in June 2006 and did move to Trindle Road in late June 2006. 22 He has stated to me that his bookkeeper, Judy Williams, the 23 individual listed on the sheriff's return, as the person 24 who accepted service for these documents, has informed him 25 that she has no recollection of ever receiving documents 3 1 from a sheriff or a sheriff's deputy. 2 And my client has never had this problem in 3 the past. And he has had other packages and documents 4 delivered. And he has never had a problem with his 5 secretary getting them to him -- the bookkeeper, I am sorry, 6 Judy Williams. 7 I guess the gist of the argument here is my 8 client was not, he believes, given proper notice. And he 9 can offer a meritorious defense. He was in the midst of an 10 office relocation. If that service was effectuated, it may 11 have gotten mixed up in the office move. And he petitions 12 the court to open a default judgment. 13 Thank you, Your Honor. 14 THE COURT: Okay. Mr. Dougherty, what would 15 you like to say? 16 MR. DOUGHERTY: Your Honor, first of all, I 17 think when Attorney Shook has made statements, and 18 especially in the petition, I mean, there is no showing 19 whatsoever for the grounds for him to ask the court to open 20 the default judgment. Under the Rule 237.3(b) if he filed 21 the petition within ten days of entering the judgment, then 22 the court shall open the judgment. Well, the judgment was 23 entered back on July 14th. And there is no question they 24 admit they received the complaint. 25 What they are saying is they never received 4 1 the ten day notice because they had some office relocation 2 or whatever. But, in fact, they also were sent out the 3 judgment notice. once we asked for the judgment, the notice 4 was sent out by the Prothonotary. So not only did they 5 receive a copy of the complaint, they also received a notice 6 of the judgment that was sent out from the Prothonotary when 7 we got the judgment. And attached to my response to the 8 petition on August 17th we sent a letter to the defendant 9 asking them to pay up the judgment, and never got the mail 10 back from the post office. So we can only speculate that it 11 was forwarded onto their new -- allegedly their new office. 12 And then on November 14th we actually got a 13 levy, and we did a praecipe for execution. And we levied on 14 personal property. It wasn't until December 5th, four and a 15 half months after the judgment was entered, that the 16 defendant filed a petition to open this default judgment. 17 So even if they knew on November 14th, when the levy took 18 place, that there was a judgment entered and the sheriff is 19 knocking on their door, it was three weeks after that that 20 finally Attorney Shook filed this petition to open the 21 default judgment. So we are looking at a time period of 22 four and a half months. 23 And what the case law says, Your Honor, and 24 Your Honor knows the case law, it is well settled that a 25 petition to open a default judgment should not be granted 5 1 unless a petition has been promptly filed, the default can 2 be reasonably excused in the showing of a meritorious 3 defense. 4 Now, since Attorney Shook has not done any 5 discovery and took depositions, which he didn't have to do, 6 but he has allowed to do under the rule, you must look at 7 his petition and our response to the petition. There is 8 nothing in his petition other than, well, they are in the 9 midst of relocation to explain why the petition was filed 10 four and a half months after the judgment. The petition 11 does not explain why the default can be reasonably excused. 12 I think what he said in his position was, well, he didn't 13 get hired until November 30th. Well, again, that's not a 14 reasonable excuse and the showing of a meritorious defense. 15 What I think what they said in their proposed 16 answer to the complaint was, well, all the prices were 17 correct, but we don't think we received some of the 18 services. And I would allege that that's not a meritorious 19 defense. But really the main point, Your Honor, is -- and 20 the Supreme Court, Shultz versus Eric Insurance Exchange, it 21 is 505 Pa. 90, it is a 1984 case, you know, it comes down to 22 that that's the three requirements that he must accomplish. 23 And, again, the petition has been promptly 24 filed. It hasn't been promptly filed. He can make the 25 argument that, okay, well, they didn't know about it until 6 1 the levy. But, in fact, they admit in their petition that 2 Judy received the complaint. The complaint was received 3 back in June 6th, 2006, and was a notice to plead. So they 4 knew about the complaint. And when he says his client, his 5 client is a corporate defendant. His client is not an 6 individual. And they received it. And then they received 7 the notice of the judgment. And also my letter went out to 8 them after the fact in August. And then we ended up doing 9 the levy. 10 We made numerous phone calls to the defendant 11 and left messages and never responded back to us whatsoever. 12 So this isn't something that we got a snap judgment, and 13 they immediately acted upon the judgment and did something. 14 They did absolutely nothing for four and a half months. And 15 now my client is asking for, you know, the petition to open 16 the judgment to be denied. 17 And looking at the case law, they haven't 18 fulfilled it. And looking at specifically his petition, 19 because he did not do the discovery, to explain why it was 20 filed so late, what was the default, what was the reasonable 21 excuse, and there is no meritorious defense. He hasn't met 22 his requirements, and I would ask Your Honor to deny the 23 petition to open the judgment. 24 THE COURT; And I believe under Rule 206.7 in 25 the absence of depositions we must accept the well-pled 7 1 averments in your answer, am I right about that? 2 MR. DOUGHERTY: I am sorry, under Rule 206.7, 3 if he hasn't done any discovery, then therefore the petition 4 shall be decided on the petition and answer and all 5 averments of fact responsive to the position properly pled, 6 and the answer shall be deemed admitted for the purposes of 7 division. 8 THE COURT: I just wanted to verify that that 9 was the rule. 10 MR. DOUGHERTY: Yes, Your Honor. That was 11 the rule I was alluding to earlier to show that he didn't do 12 the discovery. So we are looking at his petition. And, in 13 fact, there is really nothing there other than something 14 about an office relocation. And he didn't get hired, the 15 attorney didn't get hired until November 30th. Well, you 16 know, I mean, court cases are showing that, you know, three 17 weeks in doing absolutely nothing for three weeks gets, you 18 know, doesn't open up a default judgment four and a half 19 months later. 20 THE COURT: Mr. Shook is being rather candid 21 in his petition when he appeals to the equitable powers of 22 the court. Whether I have that equitable power, I don't 23 know, but I will look at it. And I am glad we were able to 24 dispose of the matter today, the weather notwithstanding. 25 Do you have anything else, Mr. Dougherty? 8 1 MR. DOUGHERTY: Your Honor, I also did just a 2 three page memorandum of law, just a quick statement of 3 facts and also a legal analysis, citing three other cases, 4 two Superior Court cases and one Supreme Court case. In 5 fact, I would appreciate if I was able to -- I was going to 6 hand it to Your Honor today and also to Attorney Shook 7 today, and I apologize. And the rainstorm is still coming 8 here. The sleet storm is still coming here. And I 9 apologize for not being there. I wanted to be there. But 10 if I can fax it either later on today or tomorrow, I would 11 also think that that would help just a little bit to your 12 decision, Your Honor. 13 THE COURT: That would be fine. I am going 14 to be out of the office from tomorrow until next Tuesday, 15 but I will have my secretary look for your fax. 16 MR. DOUGHERTY: Okay. 17 THE COURT: And if Mr. Shook wants to respond 18 to it in writing, he should notify my secretary. 19 MR. SHOOK: Thank you, Your Honor. 20 THE COURT: Anything else? 21 MR. SHOOK: I do appeal to the equitable 22 powers of the court. I cite Cintas v. Lee Cleaners, and it 23 is at 549 Pa. 84. 24 THE COURT: I teach that case in Pennsylvania 25 Civil Practice, so I am very familiar with the Cintas case. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thank you, gentlemen. MR. SHOOK: Thank you, Your Honor. MR. DOUGHERTY: Thank you, Your Honor. (End of proceedings) 10 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. &" O!qA^- - Barbara E. Graham' Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. iy+aa.? a Z S ' ooh- Date Kev' A. Hess, J. Ni th Judicial District 11 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrel C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook!'a.dcdlaw.net Attorney for Defendant G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 06-3113 CIVIL TERM SEVEN HILLS INCORPORATED: CIVIL ACTION - LAW Defendant PLAINTIFF'S CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL 1. The Court erred in denying Defendant/Petitioner's Petition to Open Default Judgment. 2. The Court erred in not accepting Defend ant/Petitioner's well-pled averments in the Petition and accompanying verified Answer. 3. The Court erred in not finding that Defendant/Petitioner's Petition was filed promptly. 4. The Court erred in not excusing Defendant/Petitioner's failure to appear or file a timely answer. 5. The Court erred in not finding that Defendant/Petitioner could offer a meritorious defense sufficient enough to warrant the opening of the judgment. 6. The Court erred by permitting Plaintiff/Respondent to be unjustly enriched by reason of this default judgment not being opened. 7. The Court erred by committing a manifest abuse of discretion whereby Defendant has suffered irreparable harm. For Defendant to be forced to comply with the default judgment which alleges monies are owed for work which Defendant avers was never completed constitutes irreparable harm. Dated: 4/1*7 Respectfully Submitted, c a squire ID#5 51 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA A. No.: 06-3113 CIVIL TERM SEVEN HILLS INCORPORATED: CIVIL ACTION - LAW Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: To: G C S Service, Inc. c/o Daniel G. Dougherty, Esquire 881 Third Street, Suite B-3 Whitehall, PA 18052 The Honorable Judge Kevin A. Hess (VIA HAND DELIVERY) 1 Courthouse Square Carlisle, PA 17013 Respectfully Submitted, Dated: 11(-1 f By: /Miplhael J. Pykosh, Esquire I. D.# 58851 2132 Market Street Camp Hill, PA 17011 Attorney for Defendant n ? ?-r ?. / ? ??t "L rf1 i" ' "t ? ?J _G ?.-?i i ? `' ? '", Cam. -" - : r? ', C?? ` ? y j ? ; ? C.Tt ? ? C.3? k G C S SERVICE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SEVEN HILLS INCORPORATED, : Defendant/Petitioner : NO. 06-3113 CIVIL IN RE: OPINION PURSUANT TO RULE 1925 BEFORE HESS, J. On February 22, 2007, the undersigned entered an order denying the defendant's petition to open default judgment. The defendant has appealed. We file this memorandum in support of our order which denied the defendant's petition. The plaintiff filed an answer to the defendant's petition to open default judgment in this case. Thereafter, however, no depositions were taken. Therefore, the "petition shall be decided on petition and answer and all averments of fact responsive to the petition and properly pleaded in the answer shall be deemed admitted." Pa.R.C.P. 206.7(c). Thus configured, the facts are as follows. The plaintiff filed a complaint on or about May 31, 2006. The defendant was served with the complaint on June 6, 2006. Service was accomplished by handing a copy of the complaint to Judy Williams, bookkeeper, the adult in charge at 1104 Fernwood Avenue, Camp Hill, Cumberland County, which address was the office of the defendant. A ten-day default notice dated June 27, 2006, pursuant to Pa. R.C.P. 237. 1, was sent to the defendant at the same address. The ten-day notice was not returned as undelivered by the post office. The defendants were notified of the entry of the judgment by ordinary mail on July 14, 2006. Thereafter, the plaintiff made at least four telephone attempts to speak to Rahgu Tradavarthy, the principal of CO :C Wd IZ ddti LOOZ ??`lU{v; it ;d 3Hi JO K1: 40-03111 NO. 06-3113 CIVIL the defendant, and messages were left with Judy Williams, the bookkeeper. The telephone calls were not returned. On August 17, 2006, the plaintiff corresponded by mail with the defendant demanding that the judgment be paid. Again, there was no response. On October 25, 2006, a writ of execution was issued by the Prothonotary of Cumberland County. The defendant filed its petition to open default judgment on December 5, 2006. It is well settled that a petition to open a default judgment should not be granted unless: (1) a petition has been promptly filed; (2) the default can be reasonably excused; and (3) there is a showing of a meritorious defense. Schultz v. Erie Ins. Exchange, 477 A.2d 471 (Pa. 1984). The petition clearly fails on all three requirements. First, the defendant waited over four and a half months to file a petition to open. This can hardly be determined to be "prompt." While the defendant contends that it was in the midst of a "complete office relocation during the month of June 2006," it is apparent that there were both written and verbal communications with respect to the pendency of this action. Simply put, the defendant has offered no reasonable excuse for its failure to answer the complaint. Finally, while defendant has averred that "it can offer a meritorious defense," its proposed answer and new matter consists only of broad statements denying the plaintiff s claim and a list of affirmative defenses with no factual support. kaniel C. Dougherty, Esquire For the Plaintiff / a Michael J. Pykosh, Esquire For the Defendant Kevin . Hess, J. ar ri 2 Daniel G. Dougherty, Esquire Identification No. 61075 881 Third Street Suite B-3 Whitehall, PA 18052 610-264-9840 G C S SERVICES, INC. vs SEVEN HILLS INCORPORATED ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY, PA COURT OF COMMON PLEAS CIVIL DIVISION : No. 2006-3113 PRAECIPE TO SATISFY THE JUDGMENT TO THE PROTHONOTARY: Kindly satisfy the judgment against SEVEN HILLS INCORPORATED only, in the above captioned matter, upon payment of your costs. ny Daniel G. Dougherty, Esquire Attorney for plaintiff CID r{ Mr. Curtis R. Long Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 A -------------------------------------------- 1014-10/99 10/1/99 COMMONWEALTH OF PENNSYLVANIA Superior Court of Pennsylvania Karen Reid Bramblett, Esq. Midge District Prothonotary James D. McCullough, Esq, July 19, 2007 Deputy Prothonotary Mr. Curtis R. Long Prothonotary Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: GCS Service, Inc. v. Seven Hills Inc. No. 510 MDA 2007 100 Pine Street. Suite 400 Harrisbure. PA 17101 717-772-1294 www.superior. court. state.pa.us , received from the Superior Court of Pennsylvania, Middle District Office, the certificate of discontinuance of the court, in the above entitled case. Contents of Original Record: Original Record Item ? Part Description 1 Return to: Trial Court Docket Number(s) 06-3113 Superior Court of Pennsylvania Office of the Prothonotary 100 Pine Street, Suite 400 Harrisburg, PA 17101 717-772-1294 Enclos N C? - _ M1v ?1 z-r7 Karen Reid Bramblett, Esq. Prothonotary James D. McCullough, Esq. Deputy Prothonotary Superior Court of Pennsylvania Middle District July 19, 2007 Notice of Discontinuance of Action RE: GCS Service, Inc. v. Seven Hills Inc. Appeal of: Type of Action: Notice of Appeal No. 510 MDA 2007 Cumberland County Court of Common Pleas Agency Docket Number: 06-3113 100 Pine Street. Suite 400 Harrisbura. PA 17101 717-772-1294 www.superior.court.state.pa.us The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Daniel Glendon Dougherty, Esq. Michael J. Pykosh, Esq. Party Name GCS Service, Inc. Seven Hills Incorporated Party Type Appellee Appellant -r _ i IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No.510 MDA 2007 GCS Service, Inc. V. : Appeal from the OE 2/22/07 :Court of Common Pleas Seven Hills, Inc. :for the county of Cumberland :No. 06-3113 7/18/07 - The above appeal is hereby withdrawn and discontinued by order of: Michael J. Pykosh, Esq. Attorney for Appellant 7/18/07 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 19th day of July, 2007. c puty Prothon ry ?"' ?? ? ? r _ -?- -rti - ? , ? .T ?? .: _, ?_ ??'r', ?..- :' ?;= c?r't -? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3113 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due G C S SERVICE, INC., Plaintiff (s) , From SEVEN HILLS INCORPORATED, 1104 FERNWOOD AVE., CAMP HILL, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF DEFENDANT SEVEN HILLS INCORPORATED LOCATED AT 1104 FERNWOOD AVE., CAMP HILL PA AND LIST SPECIFICALLY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $48,227.39 L.L. $.50 Interest 7/14/06 - $723.41 Atty's Comm % Atty Paid $122.32 Plaintiff Paid Due Prothy $1.00 Other Costs Date: OCTOBER 25, 2006 (Seal) Curtis X. Long, )?? notary By: Deputy REQUESTING PARTY: Name DANIEL G. DOUGHERTY, ESQUIRE Address: 881 THIRD ST. SUITE B-3 WHITEHALL, PA 18052 Attorney for: PLAINTIFF Telephone: 610-264-9840 Supreme Court ID No. 61075 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Advance Costs: 150.00 Sheriff's Costs 73.16 Docketing 18.00 76.84 Poundage 1.44 Advertising a. Law Library .50 Prothonotary 1.00 Refunded to Atty on 10/24/07 Mileage 11.44 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Certified Mail Postage .78 Garnishee TOTAL 73.16 ? /.X16.310 I So Answers, :?. A R. Thomas Kline, S eriff By 8Z :11 V i - AON 9001 sv CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER • PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: SUPERIOR COURT OF PA The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: G C S SERVICE INC VS SEVEN HILLS INCORPORATED 06-3113 CIVIL TERM 510 MDA 2007 The documents comprising the record have been numbered from No.l to 67, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is MAY 1, 2007 . Cu ~ s R. Lo r thon ary An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Received in Superior Court Date Signature & Title MAY 0 1 2007 . MIDDLE