HomeMy WebLinkAbout06-5908PLASTERER EQUIPMENT CO
v
RICHARD L. BARR EXCAVATING, INC.
NOTICE
Plaintiff
Defendant
YOU HAVE BEEN SUED IN COURT. If you
wish to defend against the claim set forth in the
following pages, you must take action within twenty
(20) days after this complaint and notice are served,
by entering a written appearance personally or by an
attorney and filing in writing with the court your
defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be
entered against you by the court without further notice
for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You
may lose money or property or other rights important
to you.
YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW. THIS OFFICE CAN PROVIDE
YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 4 6 9 0 ;' Cc.=r' -/z'-
CIVIL DIVISION - LAW
AVISO
USTED HA SIDO DEMANDADO/A EN
CORTE. Si usted desea defenderse de las demandas
que se presentan mas adelante en las siguientes
paginas, debe tomar accion dentro de los proximos
veinte (20) dias despues de la notificacion de esta
Demanda y Aviso radicando personalmente o por
medio de un abogado una comparencencia escrita y
radicando en la Corte por escrito sus defensas de, y
objecciones a, las demandas presentadas aqui en
contra suya. Se le advierte de que si usted falla de
tomar accion como se describe anteriormente, el caso
puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier
otra reclamacion o remedio solicitado por el
demandante puede ser dictado en contra suya por la
Corte sin mas aviso adicional. Usted puede perder
dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO
ASU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE
PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS
SERVICIOS DE UN ABOGADO, ES POSIBLE QUE
ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO O
BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
PLASTERER EQUIPMENT CO
v
Plaintiff
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
NO. bG- ,59D I' clvu :4 `T?
RICHARD L. BARR EXCAVATING, INC.
Defendant
CIVIL DIVISION - LAW
COMPLAINT
The Plaintiff, PLASTERER EQUIPMENT CO, by its attorneys, KODAK & IMBLUM, P.C., brings this action
of Assumpsit against the Defendant to recover the sum of FOUR THOUSAND ONE HUNDRED FIFTY-SIX
DOLLARS AND THIRTY CENTS ($4,156.30), along with interest thereon at the statutory rate from December 23,
2004, upon a cause of action of which the following is a statement:
1. The Plaintiff, PLASTERER EQUIPMENT CO, is a corporation organized and existing underthe laws of the
Commonwealth of Pennsylvania, having its principal office and place of business at 640 Lowther Road,
Lewisberry, Pennsylvania 17339.
2. The Defendant, RICHARD L. BARR EXCAVATING, INC., is a corporation organized and existing under
the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 6996
Wertzville Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. On or about November 3, 2004, Defendant entered into an Equipment Rental Agreement with Plaintiff
whereby Plaintiff would lease excavating equipment to Defendant as outlined therein. A true and correct
copy of the Equipment Rental Agreement is attached hereto, marked Exhibit "A" and made a part hereof.
4. Thereafter on various dates the Plaintiff provided rental equipment to Defendant as set forth in the
Equipment Rental Agreement to the total amount of Three Thousand One Hundred Sixty-Three Dollars
and Fifty-Seven Cents ($3,163.57) as set forth on Plaintiff's Invoices attached hereto as Exhibit "B" and
made a part hereof.
5. The prices charged for said services provided were just and reasonable, were the legal and market prices
therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff.
6. Due to Defendant's default in payment of said amount due and owing as aforesaid, interest has been
added to said account in the total amount of Three Hundred Dollars ($300.00).
7. The balance due and owing by Defendant to Plaintiff is the sum of Three Thousand Four Hundred Sixty-
Three Dollars and Fifty-Seven Cents ($3,463.00).
8. Due to the default of Defendant, and pursuant to the terms and conditions of the Equipment Rental
Agreement executed by Defendant and attached hereto as Exhibit "A" , attorney's fees in the total amount
of Six Hundred Ninety-Two Dollars and Seventy-Three Cents ($692.73) have been added to said account.
9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but
Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FOUR THOUSAND ONE
HUNDRED FIFTY-SIX DOLLARS AND THIRTY CENTS ($4,156.30), along with interest thereon at the statutory
rate from December 23, 2004.
Respectfully submitted,
KODAK & IMBLUM, P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
3
07/06/2005 09:01 FAX 18564230999 LEBANON fj002/005
EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE
LESSEE NAME 010 0 6 5 0 7
RICHARD L BARR EXC INC
STREETAODRESS OATE GOVT. BID NUMBER DEALER ACCOUNT NUMBER
6996 WERTZVILLE ROAD 03NOV04 9261
CITY STATE ZIP CODE LESSOR NAME & ADDRESS
MECHANICSBURG PA 17055 PLASTERER EQUIPMENT
TELEPHONE
AreeCode (717) 691-5 672 640 LOWTHER ROAD
NAME OF CONTACT IPURCHASEORDERN0
RICHARD BARB R.BARR LEWISBERRY, PA 17339
EQUIPMENT (County) (City) (Slate) COUNTY COD
WILL BE
CUMBERLAND
PA041
useD AT
111t , ^I;I; Ib?, ,,?3 tit: i,f'If IM:b' ,li,fa;
',ilill,l
? Ill' ' I'1! ;'?!; 'Cttalfs,r??1 ;id''Advtance of vst?il?! "? en4,?ll"tl' '1?' "
?,
,
,,,;,n, tr
" "';' ?? ? .! ti
RENTAL TERM RENTAL IS; Hour Day Week Month nl?
M
uMRENTAL
?GARANTEE6BVLESSEEADDITIONAL CMARGES(Specify);
o?°:03NOV04 gait 09NOV04 $ 1,400 Per: Ell s 1,400 S 0
REFERENCE NO_ MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO.
- R NIcTER PRESENT VALUE
00019-849 -97Cr - J 0 .7
CHECK W TH OFFI E ON RENTAL RETURNS BEFORE LEAV NG
SAFETY IRST! C LL BEFORE DIG IN PA (800)242-17 6
TOTAL PRESENT VALUE jll? 13 4 , 9 2 5
P URCHASER TYPE (check one) MARKET USE (check one) Forestry Mining aQLIA"Ing Underground
Nongovernmental Agriculture 21 Harvesting
3s Coal Mining
11
50 Energy Related Pipeline
HHHIII S Snell Fleet (less Than 10)
P 17 Generel Utility 26 Log Loading 6 Handling 31 Metalllc Mining 5 e2 GaeAaateNEleelrie Vill Comp
M Medium Fleet (1D-24) 13 Lwp31oCIJFeedlolrl3airy 22 Reforestation/She Preparation 38 Stone/Aggragate 43 Bower and Waver Systems
L Large Fleet (25-74)
P 15 Row Crop/Small Grain 23 Road Budding & Maintenance BO Recycling e1 Telephone Company
V Very Large Fleef (*=75) is Specialty Crop 93 Landscaping Rental & Lease Companies Othar
+vowsua-,IWBbiii,W 11 P.P.09, di-it, Building e»?w.+•a.,oar.??> 14Landn111111tefuee Be Independen(RentelCompsny 71 Airports
r MlrlewMWMnerrnlmoufflomor'aOw 42 Non•nesidenlial Material Handling BO j_o..ro..rwa.ac?reu.eA.mnee?ory 04 Golf Courses
Iwnod leeroo ornpoePor3 mmNw or AMOM 41 Realdentlal 75 AsphalitConcreie Prod. 97 John Deere Dealership 92 Highway Mowing
Governmental 47 Demolition 77 Brick, Clay, Slone, Glass Read Building 95 Llprn Duly Maintenance
2 Federal Govt. Earthmovingle1w PraF iLido rill 46 Bridge Construction
66 Chemical Plant 35 Oli Field
3 StahdProvlnce 40 Non-Realdenllal ?
51 Manul*cturing lit Ind Use 49 Highways & Streets Construction 67 Parks
4 County 39 Realdenval 5e POrtrSleve.lBulk Hdlg $1 Highways & Streets Paving 74 Railroads
S CIty/7bwnMllsoe 12 Land Intpmvemenl 76 Send &0ravellSione e7 scrap Handling 79 Cemeteries
B Armed Forces 76 Environmental Cleanup Be Steel MIII
term antl Willi the rental payments eet'oti[ above ?Rentai ?payments?shalI be made to
Lessor at the address shown above, subject to the provisions of paragrapn 4 on the
roverse side hereof. The Equipment will be transported to and from Lessor's place of
business during the rental term at Lessee's expense. Leases also agrees to pay any
additional charges noted above upon or before receiving the Equipment from the Lessor.
It is contemplated that the Equipment will be operated for not more than:
0. OF HOYR9 IN ANYONE PAT NO. OF HOURa 1N ANYONE WEEK No, ? `OURS IN ANYONt moniN
8 40 Le ass agrees to pay additional rental porated at the applicable deity. weekly or monthly
rate for each hour the Equipment Is userd In excess of such time. The additional rent for
excess hours of use will be paid at the lima the Equipment is returned or, If the Equipment
is leased for more than thirty days, on the first day of the month following such use, If
an hour meter is furnished, (1) Lessee agrees to keep It, connected to the Equipment
Pnd in good working condition at 511 times, and (2) it will be used as the conclusive
measure of the number OrhoUrs of operation,
If Lessee fails to return the Equipment by the entl of the rental term, Lessee will pay additonat
renta. prorated at one and one-half times the normal rental, for each day that the Equipment
remains unretumed.
Lessee assumes all risks and liability for and agrees to hold Lessor and its assigns
harmless from all personal Injuries and deaths, property damage, suits, claims (including
third party claims), losses, expenses, coats. and attorney fees, arising from or in con-
nection with the Lessee's use, possession, entrustment to others, or transportation of
the Equipment, Losses. at Lessee's own expanse, will carry general liability insurance
with limits of liability not lose than $1,000,000 per occurrence and S11.000,0DO aggregate,
unless greater flab Mhylimb are specified below.
1 PER OCCURRENCE LIMIT AGGREGATE LIMIT
_1. 000,000 1.000.000
Lessee agrees to fumish a certificate of insurance to Lessor's sells faction evidencing
Lessee's compliance with the foregoing requirement and name the Lessor as an additional
insured on the Lessee's general liability policy upon demand by Lesser,
6caacc amrau ummn,uq L.e1ilau, eymua, mi iuae u, u01110ye W Lilt Gqu,pment Wnne it is
out of Lessor's possession. The amount of any such loss or damage will be based on
the value shown above. Damage to the Equipment, other than a total lose, will not abate
or excuse the making of prescribed rental payments. Lessee agrees to use and care for
the Equipment In a careful and prudent manner.
Leaaee agrees to pay all operating and maintenance expenses while me Equipment is
out of the Leaeor's possession, and to make or secure any needed repairs, Ali repairs
shall be at Lessee's expense, except to the extent that Lessor performs repairs and
obtains compensation for doing aa from the manufacturer To the extent permitted by
law, neither Lessor, Its assigns, the wholesale distributor or the manufacturer makes any
representation or promise as to the qualib•, performance or fro,--corn frog detect of the
Equipment, and NO IMPLIED WARRAN-fY OF MERCHANTABILITY OR FITNESS IS
MADE, Neither Lessor, its assigns, the wholesale dlalrlbulor or the manufacturer will be
lieple for any incidental or consequenllal damages which may result from the use,
performance or failure of the Equipment, Lessee acknowledges that the Equipment Is of
a size, design and capacity aeiacted by Lessee and that Leases is satisfied that the
Equipment is suitable for Lessee's purposes,
Losses will return the Equipment to Lessor In as good condition as received, reasonable
wear and tear exceoted, by the end of the rental term. If the Equipment is not in such
good condition upon its return to Lessor and Lessor elects to repair ft. Lessee will pay
for such repairs at Lossor's regular shop raise.
Lessor may, at Lessors option, replace the Equipment with a similar machine at any time
during the rental term. Lessor wilt notify Losses if Lasser Intends to exercise this option,
and Leases w61 have three (3) business days following such notice In which to exercise
the purchase option provided below or return the Equipment to Lessor, Upon relum of the
Equipment to Lessor, the rental term hereunder shall terminate, and the parties will enter
into anew original Remai Agreement covering the replacement machine. Such new Rental
Agreement shall extend, at a mini num, for the remainder of this Rental Agreement's rental
term and have a rental rate no greater than the rate for rental or the Equipment hereunder.
Upon or before the and of the rental term. Lasses may elect to purchase the
Equipment for the 'Total Present Valy+e` s e iced on [his Rental Agreement, and may
Apply to such purchase price e 0? % of all rentais previously paid. An
election to purchase will be evidenced by execution of a purchase order form supplied
Dy Lessor,
LESSEE (Customer) -All now equipment rented hereunder was receive ith
Operator's Manuals, and operation an servicing have been explslne me.
i?, 4 -
FIGNATU
DATE
=Fir=a
g
DATE
OCT-05-2006(THU) 12:39
P. 002/005
1. Addition of Accessorlaw Lessee will not, without Lassor'a written consent, Install any accessories or devices on the Equipment if such
Instgllatlon will Impair the originally Intended function or use of the Equipment. Ail accessories or devices affixed to the Equipment will
becomp,the property of Lessor unless such accessory or device can be removed without In any way affecting the originally Intended
function or use of the Equipment Any damage to the Equipment caused by Iho removal of such arxessorlcs or devices will be rapalred
at Lessee's exponoo.
2 ' Compliance with Regulations: Lessee will comply with all laws and regulations relating to ownership, possession, use or maintononco
of the Equipment
]. Inspection: Lesimea will. whenever requested, advise Lessor of the exact location of the Equipment. Lessor and Its represonlativos
may, for the purpose or inspection, enter upon any job, building or piece whore the Equipment Is located at any reasonable time. Lessor
may remove the Equipment without notice to Lessee If, In the opinion orthe Lessor, It Is being used beyond Its capacity or In any othar
manner improperly cared for or abused.
a, Assignment: Lessee agrees that Lessor may assign this Rental Agreement and all right, title and Interest of Lessor in and to the
Equipment. and all sums due or to become due to Lessor hereunder (of which assignment Lessee hereby wolves notice), and Lessee
agrees to recognize such assignment. Lessees obligation to pay rent under this Rental Agreement wlli not as to any such assignee be
subject io any dlminutlan arising out of any breach of any obligation hereunder or other Ilablllty of Lessor to Lessee. La3see may not
2331gn this Rental Agreement.
Lessee further agrasa to make rental payments directly to John Deere Construction Equipment Company ("Deoray, if Deere becomes
Lessor's assignee, upon and following receiptfrom Deere of evidence of assignment and a written requeetto do so, and Lessor agrees
to mcognlze any payment so made or, satisfactlon of Losma'e obligation to make that payment hereunder.
S. Default; Termination of Rental Agreement by Loasor Its Assignoo., If Lessee falls to make any rental payment when due, attempts
to sell or encumbor the Equipment, ceases operating, institutes or hat: Instituted against It proceedings under any bankruptcy or
insolvency law, makes an assignment for the benefit of crodltom or fells to comply with any other provision orthlr Rental Agreement, or
if any attachment, execution, writ or process Is levied against the Equipment or any of Lessee's property, or If for any rooaon Leaser
deems Ilfto" irmacuro or the Equipment unsafe, Lessor mayterminate the rental term hereunder by giving Lossee writlon notice thereof,
In which event Lessee will dellvor the Equipment to Lessor on demand, and Looser may enter upon any Job, building or place where the
Equipment Is located and take possession of it without notice to Lessee. In the avant of such termination. Leases agrees to pay all
guaranteed rentals and all other rentals due, damages for any injuryto the Equipment, legal empenees, coots of romoval of the Equipment
from the possession of Lessee, and ell freight, atoroge, trensportallon and other charges Incurred ih such removal and return to Lessor
at Its place of business.
The parties further agree that Deere. If Deere becomes Lessor's assignee, also may terminate the rental term hereunder and take
possession of the Equipment upon any of the events apoclfied above, Including without limitation Deere's determination that Its Interest
Is Insopure or tho Equipment is unsafe, regardless of whether Lessor concurs in Dears's judgment or deslres to terminate the rental
term. The parties further agree that, In the avant Doers slocts to terminate the rental tern, Lessee shell pay to Doers all rentals due,
damages for any Injury to the Equipment, legal expenses, and coats or removal of the Equipment from the possession of Lessee,
Construction: This is an agreement for rental only. Nothing herein will be construed as conveying to Lessee any right, iltto or Intoroat
In or to tho Equipment except as a lessee.
T. Guaranteed Rental -Return of Equipment Provided the guaranteed rental sat forth on the reverse side Is or has been paid, Lessee
may return the Equipment and tonninato the rental term hereundar on three days notice to Lessor.
0. General: Time Is of the essence of this Rental agreement. Lessor's failure at any time to require strict performance by Lessee or any
provision of this Rental Agreement will not waive or diminish Laser's right thereafter to demand strict compliance with that or any other
provision. Waiver by Lessor of any default will not waive any other defeutL This Rental Agreement may not be modified except 17y a
written revision signed by the parties hereto. Lessee acknowledges racelpt of e signed copy of this Agreement.
PLASTERER EQUIPMENT CO., INC.
I &
KEYSTONE CONSTRUCTION RENTALS
2550 E. Cumberland St., Lebanon, PA 17042
Phone: 717-273-2616 • 1-800-225-4001 • Fax: 717-273-5928
Rental Invoice
JOHN DEERE
S
RICHARD L BARR
EXC INC PAGE S RICHARD L BARR EXC INC
H
O 6996 WERTZVILLE ROAD 1 1
L CASH CHG. OrHER P
D
MECHANICSBURG PA 17055 X
T ACCT. NO T
0
501534
0
ALESMAN ORDER NO. RO.NO. PHONE INVOICE DATE Tlut ; INVOICE NO.
7717 Gn1_rr79 ?znlnvnA in n4 59852
--
OFFICE
USE
CONTRACT 0, : 01006507 03NOV04
INVOICE P? ER IOD: 17NOV04 TO 23NOV04
01 T` BUC KE T 00019849 93 650-2 75.00
4" SDR C? P BUCKET 160CLC (3)V33SYL
ENTAL RAI TE S: D: 25.00 W: 75.00 M : 2 0.00
01 D 160 L C 00080333 FF160CX044773 1,325.00
?XCAVATOR ( SAE)
I RENTAL RA
i
TE
S: D: 440.00 W: 1,32`5.00 M
: 3,9
0.00
"THANK YO
, U
. WE APPRECIATE YOUR RENTAL BU SINESS "
ILEASIE CA L US IMMEDIATELY IF A SERVICE P ROBLEM
DEVELOPS. ,- FUEL TANK'MUST BE RETURNED FUL L TO
AVOID, CHA
I
I?
II I ? G
,
I E. NO CREDITS FOR RAIN DAYS:
I
I
I
I
(HAULIN
tp
184.50
SHIP VIA
TERMS: NET 1 OTB OF MONTH. FEDERALID## 23-1568413
Finance Charge: l 1/2% per Month on Past Due Accounts which is 18% Annually.
VISA/MASTERCARD/AMERICAN EXPRESS ACCEPTED
No Refunds Without this Invoice; 15% Restocking Charge.
No Parts Returnable after 30 days.
CERTIFICATE OF INSURANCE REQUIRED ON ALL RENTALS o
RECEIVED BY -
LF- f ,.71R(. VP.r. 50i
utal,rurlwrv MV\ VV1Y1
PARTS
TAXABLE
Way _s AY T
HISTOTAL111110-
1 ,584.50
95.07
1.679.57
'P`LASTERER EQUIPMENT CO., INC.
KEYSTONE CONSTRUCTION RENTALS
2550 E. Cumberland St., Lebanon, PA 17042
Phone: 717-273-2616 • 1-800-225-4001 • Fax: 717-273-5928
Rental Invoice
rMuft
WIN
JOHN DEERE
S RICHARD L BARR EXC INC PAGE H RICHARD L BARR EXC INC
O
L 6996 WERTZVILLE ROAD 1 1
D CASH CHG. OTHER P
MECHANICSBURG PA 17055 X
T ACCT. NO T
O O
501534
SALESMAN ORDER NO. R0. NO. PHONE INVOICE DATE LTWIE, :
1 INVOICE NO.
52 R .BARR 717-691-5672 22NOV04 710
11 59832
OFFICE
USE
ONTR?ACT 0? : 01006507 03NOV04
INVOICE P ER IOD: 10NOV04 TO 16NOV0,4
01 T BUC E T 00019849 93650-2 75.00
4"_ SD'R C &P BUCKET 160CLC (3)V33SYL
ENTAL RA TE S: D: 25.00 W: 75.00 M : 2 0.00
01 D 160 L C 00080333 FF160CX044773 1.325.00
XCAVATOR ( SAE)
I RENTAIL RA TE S: D: 440.00 W: 1.325.00 M : 3,9 0.00
"THANK YO i
J.
WE APPRECIATE YOUR RENTAL BU
SINESS
"
LEA'St CA LL US IMMEDIATELY IF A SERVICE P ROBLEM
pEVELOPS. FUEL TANK °'MUST BE RETURNED FUL IL TO
AV01DI CHA
i
i i RG E. NO CREDITS FOR RAIN DAYS`.
DESCRIPTION ACCOUNT AMOUNT
SHIP VIA
PARTS
TERMS: NET I OTH OF MONTH. FEDERAL ID# 23-1568413 I
Finance Charge: 1 1/2% per Month on Past Due Accounts which is 18% Annually.
VISA/MASTERCARD/AMERICAN EXPRESS ACCEPTED
No Refunds Without this Invoice; 15% Restocking Charge. - TOTAL TAXABLE 1 1.400 . 00
No Parts Returnable after 30 days. ANA. SALES TAX
84. 0
CERTIFICATE OF INSURANCE REQUIRED ON ALL RENTALS amerken. oa b?
PLEASE PAY THIS TOTAL 00, 1, 484. 00
RECEIVED BY 11
VRUGITVAL ? C
SEP-81-2006(FR I) 109.37
iii;il s 17103 KIMPP MAX 5 IMBi.IJM
P. 005/005
717 338 7156 P.05
VEQ FICA J _OJM
// ?IS?s?k e--
CI?M?w?s n ro ??
r? r
POW ror•?
N iENER E'K i1PNiEKT CO. verify thatthe stem ft made in #* abnoc*g doaunerd are true
mod --livact. 1 undaidamod axed false statoments herein are made ,M d to ft pekes of 1S Pa. C.
mmm to wwwom fawocation to auth d*m
PL.ASTEM ANT CO
112J
Tide: ri65?RE
??
ONM*
Crl
a
PLASTERER EQUIPMENT CO : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V
: NO. 2006.5908 CIVIL TERM
RICHARD L. BARR EXCAVATING, INC.
Defendant :CIVIL DIVISION -LAW
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) RICHARD L. BARR
EXCAVATING, INC., named for failure to file within the required time an Answer to
the Complaint in the above-captioned case and assess the Plaintiffs damages as follows:
Amount claimed in Plaintiffs Complaint
$4,156.30
Interest from December 23, 2004 at the statutory rate of 6% per annum $488.34
Total
$4,644.64
It is hereby certified that a written notice of intention to file this. Praecipe was mailed to
the Defendant(s) and his attorney of record, after the default occurred and at least ten
(10) days prior to the date of the filing of this Praecipe. See Exhibits A & B attached.
KODAK
Robert D. Kodak, Attorney for Plaintiff
DATED: ,??/ l 1 Q(o judgment entered and damages assessed as above.
I dAl5wv?_
Prothono
LAW OFFICES OF
KODAK & IMBLUM, P.C.
Robert D. Kodak CAMERON MANSION
Gary J. hnblum 407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG, PA 17108-1848
kki.Iaw®verizon.net
website: kki-iaw.com
November 16, 2006
RICHARD L BARR EXCAVATING INC
6996 WERTZVILLE ROAD-
MECHANICSBURG PA 17055
RE: Plasterer Equipment Co.
VS: Richard L. Barr Excavating, Inc.
No. 2006-5908 Civil Term, Court of Common Pleas
Cumberland County, Commonwealth of Pennsylvania
Our File No. 32587
Greetings.
L
*19.
Facsindle
717.238.7158
In accordance with Pennsylvania Rules of Civil Procedure 237.1(a)(2), we are
enclosing herewith a Notice of a Praecipe for Entry of Default Judgment According to the
records as they are found in the Office of the Prothonotary of Cumberland County, you
have not filed responsive pleadings to the Complaint filed against you to the above term
and number, nor has any attorney entered an appearance on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if
you do not take action as set forth in this Notice, we, at the expiration of time indicated
therein, will request the Office of the Prothonotary of Cumberland County to enter
judgment against you in the amount as set forth in said Complaint.
Very truly yours,
KODAK & IMBLUM, P.C.
Robert D. Kodak
RDK/kqb
enclosure
cc: JENNIFER WALLS
CMI
PO BOX 28851
PHILA PA 19151 #000699151-01-006892
r ?L L ?UP
PLASTERER EQUIPMENT CO : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2006-5908 CIVIL TERM
RICHARD L. BARR EXCAVATING, INC. ; CIVIL DIVISION -LAW
Defendant
IMPORTANT NOTICE
TO: RICHARD L. BARR EXCAVATING, INC., Defendant(s)
DATE OF NOTICE: NOVEMBER 16, 2006
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTIH 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 LOS15YOUR 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 ABOUTAGENCIES THAT MAYOFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
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PLASTERER EQUIPMENT CO : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V
: NO. 2006-5908 CIVIL TERM
RICHARD L. BARR EXCAVATING, INC.
Defendant : CIVIL DIVISION - LAW
TO: RICHARD L. BARR EXCAVATING, INC. , Defendant(s)
You are hereby notified that on F-C _ I 1 , 2(T?the following
(Judgment) has been entered against you in the above-captioned case.
Tudgment entered in the amount of $4,644.64.
DATE: / l Uk:o
Pr thonotary
I hereby certify that the name and address of the proper person(s) to receive this
notice is:
RICHARD L BARR EXCAVATING INC
6996 WERTZVILLE ROAD
MECHANICSBURG PA 17055
- - PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS)
P. R. C. P. 3101 to 3149
IN THE COURT OF COMIlfON PLEAS
PLASTERER EQUIPMENT CO CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS
RICHARD L. BARR
EXCAVATING, INC.
6996 WERTZVILLE ROAD
MECHANI CSBURG PA 17055
Defendant (s)
(a) against RICHARD L BARR EXCAVATING, INC. Defendant(s)
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER,
(1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania;
(2) against RICHARD L. BARR EXCAVATING INC.
Defendant (s)
(3) and against Garnishee (s)
(4) and index this writ
and
(b) agains
Writ No. Term 20
N0. 2006-5908 CIVIL TERM Term 2006
Amount due $ 4,644.64
Interest FROM DATE OF JUDG. 12111106
Atty's Comm. $ 232.23
and Costs TO BE DETERMINED$
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
real estate levy)
LEVY UPON ALL PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS INCLUDING
BUT NOT LIMITED TO FURNITURE, ELECTRONICS, APPLIANCES, SUPPLIES, ETC., INSIDE OR OUTSIDE ON
PROPERTY.
(5) Exemption has (not) been waived.
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 12/19/06 Attorney For Plaintiff(s)
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5908 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PLASTERER EQUIPMENT CO., Plaintiff (s)
From RICHARD L. BARR EXCAVATING, INC., 6996 WERTZVILLE ROAD,
MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED
ADDRESS INCLUDING BUT NOT LIMITED TO FURNITURE, ELECTRONICS,
APPLIANCES, SUPPLIES, SUPPLIES, ETC., INSIDE OR OUTSIDE ON PROPERTY.
(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 gamishee(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 $4,644.64
Interest FROM DATE OF JUDG. 12/11/06
Atty's Comm % $232.23
Atty Paid $119.19
Plaintiff Paid
Date: DECEMBER 20, 2006
L.L. $.50
Due Prothy $.100
Other Costs
Curti R. Long, notary(Seal)
By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05908 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
PLASTERER EOUIPMENT CO
VS
RICHARD L BARR EXCAVATING INC
MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
RICHARD L BARR EXCAVATING INC
was served upon
the
DEFENDANT , at 2045:00 HOURS, on the 20th day of October , 2006
at 6996 WERTZVILLE ROAD
MECHANICSBURG, PA 17055 by handing to
ANN BARR, 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 8.80
Postage .39
Surcharge 10.00 R. Thomas Kline
nn
37.19? 10/24/2006
?} 1 ?/ltk Ib? KNUPP KODAK IMBLUM
Sworn and Subscibed to By:
before me this day eputy She iff
of , A. D.
PLASTERER EQUIPMENT CO. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v
RICHARD L. BARR EXCAVATING, INC.
Defendant
TO THE PROTHONOTARY:
NO. 2006-5908
CIVIL ACTION - LAW
PRAECIPE
Please mark the above-captioned Judgment as settled and satisfied in full.
TO: Cumberland County
Prothonotary
Dated: May 22, 2007
Rdbert D. Kodak
Attorney I.D. No. 18041
Attorney for Plaintiff
G
L
OD
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5908 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due PLASTERER EQUIPMENT CO., Plaintiff (s)
From RICHARD L. BARR EXCAVATING, INC., 6996 WERTZVILLE ROAD,
MECHANICSBURG, PA 17055
(1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED
ADDRESS INCLUDING BUT NOT LIMITED TO FURNITURE, ELECTRONICS,
APPLIANCES, SUPPLIES, SUPPLIES, ETC., INSIDE OR OUTSIDE ON PROPERTY.
(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 $4,644.64
Interest FROM DATE OF JUDG. 12/11/06
Atty's Comm % $232.23
Atty Paid $119.19
Plaintiff Paid
Date: DECEMBER 20, 2006
(Seal)
L.L. $.50
Due Prothy $.100
Other Costs
elwz?ii?
Curtis R ong, Pro n tary
By:
Deputy
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
%'4
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
-> R. Thomas Kline, Sheriff, who being duly sworn according to law, states '
this writ is returned SATISFIED. s?
Sheriff s Costs:
Docketing 18.00
Poundage 92.90
Advertising
Law Library .50
Prothonotary 1.00
Mileage 9.60
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Garnishee
Bad Check Charge
Postage /
°? "?°' ?""
? S
TOTAL $ 162.00
I
Pd by Defendant
So Answers;
R. Thomas Kline, Sheriff
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DISTRIBUTION
ATTY FOR PLTFF: Robert Kodak
WRIT NO. 2006-5908 Civil
Plasterer Equipment, Co.
-vs-
Richard L. Barr Excavating, Inc.
$ 5072.29
Sheriff's Costs:
Docketing $ 18.00
Poundage 92.90
Posting Sale Bills
Law Library .50
Prothonotary 1.00
Service 9.60
Postage
Advertising
Postpone Sale
Bad Check Charge
Surcharge 20.00
Garnishee
Levy 20.00
TOTAL $ 162.00
Real Debt $ 4644.64
Interest 76.23
Attorney's Comm. 232.23
Writ Costs, Atty 119.19
Writ Costs, Pltff.
Miscellaneous
Attorneys Fees
Defendant Paid to Sheriff
Advance Costs
Total Collected
DISTRIBUTION
Pd. To Pltff.
Refund of Adv. Costs
Pd. To Prothonotary
$ 5234.29
150.00
$ 5384.29
$ 5072.29
150.00
1.50 So Answer
R. s me,
Sheriff
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