HomeMy WebLinkAbout02-3030COMMONWEALTH Of I~ENNSYLVANIA NOTICE OF APPEAL
COURT Of COMMON PLEAS
JUI)ICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. ~ ~.~)~ (~ ,~,J
NOTICE Of APPEAL ~ ~ ~
~ is g~ ~ ~ ~t ~s fi~ iff t~ a~ Court of C~ ~s ~ ~ ~ ~ j~ ~d ~ ~ ~str~ Jus~ ~ ~
~in~c~~
;fi'appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001 (6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before DisIfict Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotory I ,, J/ _
.,le .po. ( . m l JT I V [ t ,appellee sl, to ,nt,n '
(Common Pleas No. O~ -- ~)~..~0 ~,l,/V: J ) within twenty (20) days (n~m-- ,1' ~r~of~ ~,,,._~.~.~.~_ .~, ce of,K~o~suf~entry of judgment o~,~ pros,------ --
RULE~ To.---~,~nl~C--'~'~/-'r~ ~-,C//- I/'~ "~' ..'~. (-'"/ c/
(1) You me notified that a rule is hereby entered upon you to file a comp~int in this appeal within twenty (20) days aftra the date of
service of this role upon you by personal seevlce or by certified or registered mail.
(2) If you do not file a complaint wfi'h~n th~s time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rde if service was by mail is the date of mailing. ~~
AOPC 312-90
COURT FILE TO BE FILED WITH PROTHONOTARY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
09-1-01
DJ Name: Hon
CHARLES A. CLEMENT, JR.
A,~d~e,s: 400 BRIDGE STREET
OLDE TOWNE COMMONS -SUITE 3
NEW CUMBERLAND, PA
Telephone: (717) 774-5989 17070
ELMER SLASEMAN PRESIDENT
120 4TH ST
RSI INC
NEW uuMBERLAND, PA 17070
NOTICE OF JUDGMENT/TRANSCRIPT
. PLAINTIFF: CIVIL CASE
NAME and ADDRESS
· ~SUNISLE CHILLERS F/K/A MAUI CHInLE~
8413 JACKSON RD APT.# C
SACRAMENTO, CA 95826
VS.
DEFENDANT: NAME and ADDRESS
~LMER SLASEMAN PRESIDENT ~
120 4TH ST
RSI INC
~EW CUMBERLAND, PA 17070
Docket No.: CV-0000158-02 1 ~
Date Filed: 3/14/02
[] Defendants are '.~:~ tly
[] Damages will
~--- This case dism ss, ed witl~3t
THIS IS TO NOTIFY YOU THAT'
Judgment:
~ Judgment was entered for: (Name)
E~ Judgment was entered against: (Name)
in the amount of $ (4.~nl _o0 on:
ever~ liable. ~
42 ,C~/,¢,~' (Date & Time)
prejudge. OJ;'
A '
~--] mount of Judgff~ent Subject to ~:~?
AttachmentJAct.~f 1996 $ 6,,7,-.-
[] Levy is stayed fo{~ days or [--'] generally stayed.
[] Objection to lev~-~as been filed and hearing will be held:
Amount of judgment $ 4,200.00
Judgment Costs $ 101. O0
Interest on Judgment $ . O0
Attorney Fees $ . O0
Total $ 4,301.00
Post Judgment Credits
Post Judgment Costs
Certified Judgment Total
Date:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TROT FORM WITH YOUR NOTICE OF APPEAL.
I certify that this is a true and correct copy of the record of the proceedings containing the judgment.
Date , District Justice
My commission expires first Monday of January, 2008 SEAL
AOPC 315-99
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUI
CHILLERS,
Plaintiff,
V.
RSI, INC.,
Defendant,
NO. 02-3030 Civil Term
JURY TRIAL DEMAND
NOTICE TO DEFEND
TO:
RSI, INC.
Attn: Elmer Slaseman, President
120 4th Street
New Cumberland, PA 17070.
NOTICE
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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
KRLSPHL 17141
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUI
CHILLERS,
Plaintiff,
RSI, INC.,
undersigned
following:
Defendant,
NO. 02-3030 Civil Temx
JURY TRIAL DEMAND
COMPLAINT
Plaintiff, Stmlsle Chillers f/k/a Maui Chillers, by and through its
counsel, hereby complains of Defendant, RSI, Inc., and alleges the
PARTIES
1. Plaintiff, Sunlsle Chillers f/k/a Maui Chillers ("SunIsle" or
"Plaintiff') is a business organized and existing under the laws of the state of California,
and a subsidiary of Sunlsle Products, LLC, with a principal place of business located at
8413 Jackson Road, Apt. #C, Sacramento, California 95826.
2. Sunlsle operates retail establishments
flavored ice and assorted flavored beverages.
3. Upon information and belief
"Defendant"), is a corporation organized and
specializing in the sale of
Defendant, RSI, Inc. ("RSI" or
existing under the laws of the
Commonwealth of Pennsylvania with a principal place of business located at 120 4th
Street, New Cumberland, Pennsylvania, 17070.
KRLSPHL 17141
VENUE
4. Paragraphs one (1) through three (3) of this Complaint are
incorporated herein by reference as though fully set forth at length.
5. This action arises under the laws of the Commonwealth of
Pennsylvania and is within the subject matter jurisdiction of this Court.
6. This Court has personal jurisdiction over the Defendant pursuant to
42 Pa.C.S.A. § 5301.
7. Venue in this court is proper because the Defendant regularly
conducts business in Cumberland County, the cause of action arose in Cumberland
County, and the transactions/occurrences out of which these causes of action arose took
place in Cumberland County, Pa.R.Civ. P. 1006.
PROCEDURAL HISTORY
8. Paragraphs one (1) through seven (7) of this Complaint are
incorporated herein by reference as though fully set forth at length.
9. On March 14, 2002, Sunlsle filed a Civil Complaint, Docket No. CV-
158-2002, against RS! in the office of Charles A. Clement, Jr., Mag. Dist. No. 09-1-01
demanding the amount of $4,200.00 (the "Civil Complaint"). A true and correct copy of
the Civil Complaim is attached hereto, incorporated herein and marked as Exhibit A.
10. On May 23, 2002, judgment was entered in favor of Sunlsle with
respect to the Civil Complaint in the amount of $4,301.00 (the "Judgment"). A true and
correct copy of the Judgment is attached hereto, incorporated herein and marked as
Exhibit B.
KRLSPHL 17141 2
11. On June 24, 2002, RSI filed a Notice of Appeal with the Court of
Common Pleas of Cumberland County with respect to the Judgment, which Notice of
Appeal was served upon Sunlsle by RSI on July 12, 2002. A tree and correct copy of
the Notice of Appeal is attached hereto, incorporated herein and marked as Exhibit C.
BACKGROUND
12. Paragraphs one (1) through eleven (11) of this Complaint are
incorporated herein by reference as though fully set forth at length.
13. In February of 2001, RSI, through its President, Elmer Slaseman,
offered to purchase from Sunlsle five (5) Master Built Dipping Cases and a Coldelite
Model LB-500 Ice Cream Mixer (collectively the "Dipping Equipment"). The Dipping
Equipment was surplus equipment from the sale/consolidation of certain Sunlsle retail
locations.
14. Sunlsle accepted RSI's offer to purchase the Dipping Equipment and
the parties agreed: (i) four (4) Master Built Dipping Cases would be sold by Sunlsle to
RSI for $300.00 each for the total amount of $1,200.00 ($300.00 x 4 = $1,200.00), (ii)
one (1) Master Built Dipping Case would be sold by Sunlsle to RSI for $200.00, and
(iii) one (1) Coldelite LB-500 Ice Cream Mixer (the "Ice Cream Mixer") would be sold
by Sunlsle to RSI for $2,800.00.
15. The total contract price for the Dipping Equipment sold by Sunlsle to
RSI was the amount of $4,200.00.
16. After Sunlsle and RSI entered into the contract for RSI's purchase of
the Dipping Equipment, RSI, through its President, Elmer Slaseman, modified the
KRLSPHL171741 3
contract by informing Sunlsle that RSI no longer desired to purchase the Ice Cream
Mixer from Sunlsle.
17. Upon infmmation and belief, on or about February 28, 2001, RSI
arranged to take possession of the five (5) Master Built Dipping Cases (the "Dipping
Cases") located at Sunlsle's storage facility, Capital Crating, 5761 Florin Perkins Road,
Sacramento, CA 95828 ("Capital Crating"), by entering into a contractual relationship
with Great American Movers to take possession and transport the Dipping Cases from
Capital Crating to RSI. A tree and correct copy of the February 28, 2001 Shipment
Receipt is attached hereto, incorporated herein, and marked as Exhibit D.
18. Upon information and belief, on or about March 1, 2001, RSI
arranged to take possession of the Ice Cream Mixer located at Capital Crating by
entering into a contractual relationship with Great American Movers to take possession
and transport the Ice Cream Mixer from Capital Crating to RSI. RSI took possession of
the Ice Cream Mixer without Sunlsle's knowledge or authorization. A tree and correct
copy of the March 1, 2001 Shipment Receipt is attached hereto, incorporated herein and
marked as Exhibit E.
19. On or about March 7, 2001, Sunlsle submitted an invoice to RSI,
addressed to RSI's President, Elmer Slaseman, for the Dipping Cases (the "Invoice"). A
tree and correct copy of the Invoice is attached hereto, incorporated herein and marked
as Exhibit F.
20. The Invoice attached as Exhibit F indicates that the Ice Cream Mixer
at a price of $2,800.00 was deleted from the Invoice and the total contract price of
$4,200.00 was reduced to $1,400.00. As previously noted, RSI, by and through its
KRLSPHL171741 4
President, Elmer Slaseman, modified the contract for the purchase of the Dipping
Equipment by removing the Ice Cream Mixer, and therefore, proper adjustments were
made to the Invoice.
21. Sunlsle submitted the Invoice to RSI unaware that RSI, as previously
alleged in this Complaint, had taken either actual or constructive (through Great
American Movers) possession of the Ice Cream Mixer.
22. In previous business transactions between RSI and SunIsle, including,
but not limited to the sale of the Dipping Cases, it was customary for RSI to arrange to
take possession of the various pieces of equipment at Capital Crating using Great
American Movers to transport the equipment from Capital Crating to RSI.
23. Upon infomiation and belief, RSI has received possession of the
Dipping Cases and Ice Cream Mixer and benefited from the use of the Dipping Cases
and Ice Cream Mixer.
COUNT I
Breach of Contract
24. Paragraphs one (1) through twenty-three (23) of this Complaint are
incorporated herein by reference as though fully set forth at length.
25. Pursuant to the contract entered into between RSI and SunIsle,
SunIsle is owed by RSI the total amount of $4,200.00 for the Dipping Equipment.
26. Despite SunIsle's repeated demands for payment, RSI has failed and
refuses to pay the monies due and owing SunIsle for the Dipping Equipment.
27. RSI's failure to tender $4,200.00, the contract price for the Dipping
Equipment, to SunIsle constitutes a breach of the contract entered into between RSI and
Sunlsle for the purchase of the Dipping Equipment.
KRLSPHL171741 5
WHEREFORE, Plaintiff, Sunlsle Chillers f/k/a Maui Chillers,
respectfully requests that this Honorable Court enter judgment in its favor in the mount
of $4,301.00 ($4,200.00 + $101.00 for fees to file the Civil Complaint = $4,301.00) plus
interest, costs and reasonable attorneys' fees against Defendant, RSI, Inc. and for such
other and further relief as is just and appropriate.
COUNT II
Restitution
28. Paragraphs one (1) through twenty-seven (27) of this Complaint are
incorporated herein by reference as though fully set forth at length.
29. Upon information and belief, RSI assumed either actual or
constructive (through Great American Movers) possession of the Dipping Equipment
and received the benefits therefrom.
30. It would be inequitable to allow RSI to retain the benefit RSI received
from the Dipping Equipment without paying Sunlsle for the Dipping Equipment.
31. SunIsle is owed by RSI the total amount of $4,200.00 for the Dipping
Equipment.
32. Despite Sunlsle's repeated demands for payment, RSI has failed and
refuses to pay the monies due and owing Sunlsle for the Dipping Equipment.
WHEREFORE, Plaintiff, Sunlsle Chillers f/k/a Maui Chillers,
respectfully requests that this Honorable Court enter judgment in its favor in the amount
of $4,301.00 ($4,200.00 + $101.00 for fees to file the Civil Complaint = $4,301.00) plus
interest, costs and reasonable attorneys' fees against Defendant, RSI, Inc. and for such
other and further relief as is just and appropriate.
KRLSPHLI 71741 6
COUNT III
Unjust Enrichment
33. Paragraphs one (1) through thirty-two (32) of this Complaint are
incorporated herein by reference as though fully set forth at length.
34. RSI has been unjustly enriched to SunIsle's detriment because
SunIsle has unlawfully and inequitably retained the Dipping Equipment without
tendering $4,200.00 to Sunlsle.
35. It would be inequitable to allow RSI to retain the benefit RSI received
from the Dipping Equipment without paying Sunlsle for the Dipping Equipment.
36. SunIsle is owed by RSI the total amount of $4,200.00 for the Dipping
Equipment.
37. Despite SunIsle's repeated demands for payment, RSI has failed and
refuses to pay the monies due and owing SunIsle for the Dipping Equipment.
WHEREFORE, Plaintiff, SunIsle Chillers f/k/a Maul Chillers,
respectfully requests that this Honorable Court enter judgment in its favor in the amount
of $4,301.00 ($4,200.00 + $101.00 for fees to file the Civil Complaint = $4,301.00) plus
interest, costs and reasonable attorneys' fees against Defendant, RSI, Inc. and for such
other and further relief as is just and appropriate.
COUNT IV
Conversion
38. Paragraphs one (1) through thirty-seven (37) of this Complaint are
incorporated herein by reference as though fully set forth at length.
39. RSI's unlawful retention of the Dipping Equipment interfered with
SunIsle's use and possession of the Dipping Equipment.
KRLSPHLI71741 7
WHEREFORE, Plaintiff, Sunlsle Chillers f/k/a Maui Chillers,
respectfully requests that this Honorable Court enter judgment in its favor in the amount
of $4,301.00 ($4,200.00 + $101.00 for fees to file the Civil Complaint = $4,301.00) plus
interest, costs and reasonable attorneys' fees against Defendant, RSI, Inc. and for such
other and further relief as is just and appropriate.
COUNT V
Fraud In The Inducement
40. Paragraphs one (1) through thirty-nine (39) of this Complaint are
incorporated herein by reference as though fully set forth at length.
41. Upon infoimation and belief, RSI, through RSI's President, Elmer
Slaseman, fraudulently induced Capital Crating by knowingly misrepresenting RSI's
right to take possession of the Ice Cream Mixer from Capital Crating resulting in RSI's
unauthorized possession and use of the Ice Cream Mixer.
WHEREFORE, Plaintiff, Sunlsle Chillers f/k/a Maui Chillers,
respectfully requests that this Honorable Court enter judgment in its favor in the amount
of $4,301.00 ($4,200.00 + $101.00 for fees to file the Civil Complaint = $4,301.00) plus
interest, costs and reasonable attomeys' fees against Defendant, RSI, Inc. and for such
other and further relief as is just and appropriate.
COUNT VI
Fraudulent Misrepresentation
42. Paragraphs one (1) through forty-one (41) of this Complaint are
incorporated herein by reference as though fully set forth at length.
43. Upon infom~ation and belief, RSI, through RSI's President, Elmer
Slaseman, fraudulently misrepresented RSI's right to take possession of the Ice Cream
KRLSPHL171741 8
Mixer to Capital Crating resulting in RSI's unauthorized possession and use of the Ice
Cream Mixer.
W}IEREFORE, Plaintiff, Sunlsle Chillers f/k/a Maui Chillers,
respectfully requests that this Honorable Court enter judgment in its favor in the amount
of $4,301.00 ($4,200.00 + $101.00 for fees to file the Civil Complaint = $4,301.00) plus
interest, costs and reasonable attorneys' fees against Defendant, RSI, Inc. and for such
other and further relief as is just and appropriate.
Dated: July 26, 2002
KLETT ROONEY LIEBER & SCHORLING
A Professional Corporation
Terry A. Shulsky (Pa. I.D. No. 82379)
Mark R. Owens (Pa. I.D. No. 83895)
Two Logan Square - 12th Floor
Philadelphia, PA 19103
(215) 567-7500
Attorneys for Plaintiff, Sunlsle Chillers, fYk/a Maui
Chillers
KRLSPHL171741 9
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUI
CHILLERS,
Plaintiff,
V.
RSI, INC.,
Defendant,
NO. 02-3030 Civil Term
JURY TRIAL DEMAND
VERIFICATION
I, Mark Panattoni, an authorized agent of the Plaintiffand not individually in the
within action, state that the facts set forth in the foregoing Complaint are true, correct and
accurate to the best of my knowledge, information and belief. I understand that false
statements made herein are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to
unswom falsification to authorities.
I)ate. oq. o
Mar~ P~tn-'~t~oni,
As an authorized agent of the Plaintiff and
not individually.
KRLSPHL 17141
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUI
CHILLERS,
Plaintiff,
V.
RSI, INC.,
Defendant,
NO. 02-3030 Civil Term
JURY TRIAL DEMAND
STATE OF CALIFORNIA
COUNTY OF ~-,¢Aa/n~lr-,
AFFIDAVIT
Before me, the undersigned authority, personally appeared Mark Panattoni, who
being duly sworn according to law, deposes and says that he is the I}. P./$~ ~/~ ~
for Sunlsle Chillers f/k/a Maui Chillers, that as such he is authorized to make this
Affidavit, and that the allegations of fact contained in the foregoing Complaint are true
and correct to the best of his knowledge, information and belief.
Mark Panattoni
Sworn to and subscribed in my presence
This &q-44,. day of<~o~x. ,2002
t7 O
Notary Public
My Commission Expires
KRLSPHL171741
Exhibit A
C(~MMONWEALTH OF PENNSYLVANIA
cOuNTY OF: CUMBERLAND
CIVIL COMPLAINT
Magisterial Distil'ct Number: 09-I-01
District Justice Name: Charles A. Clement, Jr.
Address: 400 Bridge Street, Suite 3,
Ne~v Cumberland, PA 17070
Telephone: (717) 774-5989
PLAINTIFF: NAME and ADDRESS
I-Sun_Isle Chillers f/Fda Maul Chillers
8413 Jackson Road, Suite C
i.Sacramento, CA 95826
vs.
DEFENDANT: NAME and ADDRESS
rElmer Slaseman, President
R.S.I., Inc.
120 4TM Street
I_New Cumberland, PA 17070
AMOI INIT
FILING COSTS S 93'.'50
SERVING COSTS $' 7.50
TOTAL $[ 10.1.00
DATE PAID
3/14/2002
Docket No.: CV-158-2002
DateFiled: 3/14/2002
TO TIlE DEFENDANT: The above named plaintiff(s) asks judgment against you for $ 4,200.00 together with costs upon the
following claim:
R.S.I., Inc ("RSI") requested, through its President, Elmer Slaseman, on or about March 7, 200 I, and Sunlsle Chillers f/k/a
Maui Chillers ("Sunlsle") provided to RSI fi~/e (5) Master Built .Dipping Cases and a Coldelite Model LB~500
(collectively, the "Dipping Equipment"). The cost for the Dipping Equipment provided to RSI totaled $4,200.00 (the
"Equipment Payment"). Sunlsle asserts a claim against RSI based upon RSI's failure to pay Sunlsle for the Dipping
Equipment after RSI had taken delivery ofthe same. By letter dated November 19,2001, Sunlsle, through counsel, made
demand upon RSI for the Equipment Payment and gave RSI thirty (30) days after receiving the demand to dispute its
validity. RSI has not disputed the validity of Sunlsle's claim and Sunlsle has not received the Equipment Payment.
I, Mark Panattoni verify that the facts set fov'..h in this complaint are true and correct to the best of my knowledge, information, and
belief. This statement is made subject to the penalties of Section 4904 oft.he Cdmes Code (18 PA. C.S. § 4904) relating to unswom
falsification to authorities.
(Signature'of Plaint'iff or Authonz~'"'~t Agent)
PlaintifFs
Attomey:
Telephone:
Mark R. Owens
(215) 567-7500
Address: Klett, Rooney, Lieber & Schofling, 12th Floor
Two Logan Square, Philadelphia, PA 19103
IF YOU INTEND TO ENTER A DEFENSE TO THIS COMPLAINT, NOTIFY THIS OFFICE IMMEDIATELY AT THE
ABOVE TELEPHONE NUMBER. YOU MUST APPEAR AT THE HEARING AND PRESENT YOUR DEFENSE. UNLESS
YOU DO, JUDGMENT WILL BE ENTERED AGAINST YOU BY DEFAULT.
If you have a claim against the plaintiff which is within district justice jurisdiction and which you intend to assert
at the hearing, you must file it on a complaint form at this office at least five (5) days before the date set for the
hearing. If you have a claim against the plaintiffwhich is not within district justice jurisdiction, you may request
information from this office as to the procedures you may follow. If you are disabled and require assistance,
please contact the Magisterial District office at the address above.
Exhibit B
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUHBERLAND
Mag Dist· No:
09-1-01
DJ Name: Hon
, CHARLES A. CLEMENT, JR.
Addr. ss: 400 BRIDGE STI~EET
OLDE TOWNE COMMONS 'SUITE 3
'I~W CUMBERLAND, PA
T.,ephone: (717) 774'5989 17070
ATTORNEY FOR PLAINTIFF :
KLETT ROONEY LIEBER & SCHORLING
2 LOGAN SQUARE
ATTN: MARK OWENS ESQ
PHILADELPHIA, PA 19103
NOTICE OF JUDGMENT/TRANSCRIPT
PLA,NT,FF: CIVIL CASE
NAME and ADDRESS
%UNISLE CHILLERS F/K/A MAUI CHILLE~
8413 JACKSON RD APT..# C
SACRA~qTO, CA 95826
VS. ·
DEFENDANT: NAME and ADDRESS
%LMER SLASEMAN pRESiDENT ~
120 4TH ST. .
RSI INC
~EW CUMBERLAND, PA 17070
I'Docket No.: CV-0000158-02 I ~
Date Filed: 3/14/02
THIs IS TO NOTIFY YOU THAT:
Judgment:
r-~ Judgment was entered for: (Name)
~-~ Judgment was entered against: (Name)
in the amount of $ 4:':l¢~1 _ O0 on:.
~'--~ Defendants are jointly and severally liable.
~ Damages will be assessed on:
[--~ This case dismissed without prejudice.
~--~ Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Levy is stayed for. days or ~ generally stayed.
Date:
Time:
Objection to levy has been filed and hearing will be held:
Place:
DEFAULT JUDGM]~NT PLTF
.qTTMT.qT,R ~'R*TT.T.R'R~ ~/~/a MA'ITT
~T,MRW ~T,A.q~A~ PERBTDRN~
(Date of Judgment)
(Date&Time).. - ' ,..
Amount of Judgmedt $.: 4,200.00
Judgment Costs $ 101.0£
Interest on Judgment ~$ .0 I~
Attorney Fees $ .0 (]
Total $ 4 301.08
Post Judgment Credits $ --~-/
Post Judgment Costs
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVI,SIOM. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCR,I~pT FORM WITH YO~JR NOT'iCE OF AppEAL
1 certify that this is a true and.~r/~t copy of the reco.~of the proceedings co~t;i~i.q~3 the judgme'nt "=~ ]
U L 1 1 2002 Date ['SPE~ R "~'~__~ ' ", District Ju,tiCe/
SITTING FOR I~STRICT JUSTICE CHAR-~--A CLEMENT~JR ~
My commission expires first Monday of January, 2008 SEAL
AOPC 315-99
Exhibit C
block ,,viii be ,~gnecl ONLY when this r~on is mqu;~
1~08~ * . ~
Nofi~ of k~aak w~n m~;~ ~ t~ Dls~lct ~*, ~11 os a
~P~EDE~ ~ ~ judg~t ~ posmsi~ ~ t~s ~s . * ~
~Aal~m of Pmthanow,'y ar
:E
.'.'~:~:r'~:.,
*:,,.; .,: .. '-
~.'.;.',/..
;,~ . ,~ ,.,..,.: ='* ,..' .
;'.')i',"; '
I
was CLAIMANT (see P'd. R.C.P.J..P. No.
I
1001 ( 6 ) in action before Di ts~ct JuStice, he MUST
FILE A COMPLAINT within ,wenty (20) days after
filing his NOTICE of APPEAL.
· PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
'This secUon of foml ~n be usecl ONLY w~n a~el~t ~ ~ (see..~; R.C~,J.R ~ 1001(7) ,n ~/~ b~ D~f~ J~tice,
'~ ~T ~ED, ~h fm ~Y of noff~ at a~eal ~ ~ ~ ~
:, , '~lt
_ ., ' ~ ~ ~ -' ~ ~ ~ ~. r2ol ~s afl~ ~ oF ~o~ suf~cen~ry of judgmmt of~n
COPY TO.B.E'. ~ .0
AOPC31Z-g~ i ': ' ' '
; *,i -,- ;''*
JLL 16 2882 13:22
APPELLEE ·
PAGE.82
· CAPITOL CRATING
5'761 FLORIN PERKINS ROAD
SACRAMENTO, CALIFORNIA 95828
(9!6) 454-5000 Fax (916) 383-5599
www.capcrate.com
~ MAUI CHILLERS/ GREAT
TO:
5901 ALDER AVE
.~ACRA~N ~O CA 95S28
.~ME R iCAN MOVE RS
RECEIPT
5762
QUR NUMBER
YOUR NUMBER
F'DUANTITY ORDERED QUANTITY SHIPPED ~ STOCK NUMBER DESCRIPTION
5 5 ~ 4 F'?. CHILL~iR CASES --
~;- PICKING [~r~ FOE
REFRIGERATION SERVICES ].EST.
US IMMEDIA..T. EL~'
IF ERROR IS POUND IN SHIPMENT
Exhibit E
CAPITOL CRATING
576! FLORIN PERKINS ROAD
SACRAMENTO, CALIFORNIA 95828
(9~t6) 454.5000 Fax (916) 383-5599
www.capcrate,com
LI~RTo: MAUl CHILLERS/ GREAI AMERICAN HOVERS
5901 ALDER AVE
SACRAMENTO CA. 95828
STEVE-383-3288 HATT-802-
'B, x IECEIPT
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p cK up 5763.
SHIP DATE
3/1/01 )
SHIP VIA
OUR NUMBER
YOtJR NUMSER
JANTITY ORDERED QUANTITY SHIPPED ~ '~ STOCK NUMBER ~ DESCRIPTION
i ! .... iCECREAH MIXE} /
PLEASE NOTIFY US IMMEDIATELY ~-, ~
IF ERROR IS FOUND IN SHIPMENT
Exhibit F
N0. {~52 P. 2/2 '
Invoice
IOata I Inva~ce #
03R)7/3O01 0oi(3o
8~ To
120 4th 81zee~
New Cumb~m~a. PA 170'/0
Ship To
03/0'7/2001
Item c~- n,a~pton Price Ee~ ~ount
SHERIFF'S RETURN
CASE NO: 2002-03030 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SUNISLE CHILLERS FKA MAUI CHII,
VS
RSI INC
- REGULAR
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RSI INC
the
DEFENDANT
at 120 4TH ST
at 1--347:00 HOURS, on the
l_Sth day of ~ugust 2002
NEW CUMBERLAND, PA 17070
ELMER SLASEMAN, PRESIDENT
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 11.73
Affidavit .00
Surcharge 10.00
.00
39.73-
Sworn and Subscribed to before
me this ~.~ day of
z~6 o2~_ A D
Pfo~ono[ ary -
So Answers:
R. Thomas Kline
08/13/2002
KLETT ROONEY LEIBER SCHORLING
By:
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUI
CHILLERS,
RSI, INC.,
Plaintiff,
Defendant.
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NO. 02-3030 Civil Term
PRAECIPE TO ENTER JUDGMENT
BY DEFAULT
as to RSI, Inc.
JURY TRIAL DEMAND
Filed on behalf of
Plaintiff, Sunlsle Chillers, f/k/a Maui
Chillers
Counsel of Record for
this Party:
Terry A. Shulsky, Esquire
Pa. I.D. #82379
Mark R. Owens, Esquire
Pa. I.D. #83895
KLETT ROONEY LIEBER &
SCHORLING
A Professional Corporation
Two Logan Square - 12th Floor
Philadelphia, PA 19103
(215) 567-7500
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUl :
CHILLERS, :
Plaintiff,
V.
NO. 02-3030 Civil Term
RSI, INC.,
Defendant, : JURY TRIAL DEMAND
PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO THE PROTHONOTARY:
1. Please enter a default judgment in favor of Plaintiff, SUNISLE CHILLERS
F/K~A MAUI CHILLERS (the "Plaintiff') and against Defendant, RSI, INC. (the "Defendant.") for
failure to answer or otherwise respond to the Complaint (the "Complaint") in the above-captioned
Civil Action.
2.
On July 29, 2002, the Plaintiff filed the Complaint thereby commencing the
above-captioned Civil Action against the Defendant.
3. On August 15, 2002, the Sheriff of Cumberland County, Pennsylvania (the
"Sheriff') served a copy of the Complaint and Notice to Defend upon Defendant's President, Elmer
Slaseman at 120 4th Street, New Cumberland, Pennsylvania 17070. A copy of the Sheriffs Return
of Service is attached hereto as Exhibit "A."
4. The Defendant has failed to answer or otherwise respond to the Complaint.
5. On September 5, 2002, pursuant to Pa.R.C.P. 237.1 (a)(2)(ii), counsel for the
Plaintiff served, via Certified U.S. Mail and first-class, U.S. mail, postage prepaid (with certificate
of mailing), upon the Defendant, a written Notice of Praecipe to Enter Default Judgment in
Exhibit A
SHERIFF'S RETURN - REGULAR
@ASE NO: 2002-03030 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SUNISLE CHILLERS FKA MAUI CHIL
VS
RSI INC
HAROLD WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
RSI INC the
DEFENDANT
at 120 4TH ST
, at 1347:00 HOURS,
NEW CUMBERLAND, PA 17070
ELMER SLASEMAN, PRESIDENT
on the 15th day of August , 2002
by handing to
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time'directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing
Service
Affidavit
Surcharge
18 00
11 73
00
10 00
0O
39 73
Sworn and Subscribed to before
me this day of
A.D.
Prothonotary
So Answers:
R. Thomas Kline
08/13/2002 '
KLETT ROONEY LEIBER SCHORLING
By:
D~puty Sheriff
Exhibit B
SUNISLE
CHILLERS,
RSI, 1NC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
CHILLERS F/K/A MAUl
Plaimiff,
Defendant.
NO. 02-3030 Civil Term
NOTICE OF PRAECIPE TO ENTER
DEFAULT JUDGMENT
as to RSI, Inc.
JURY TRIAL DEMAND
Filed on behalf of
Plaintiff, Sunlsle
Chillers
Chillers, f/k/a Maui
Counsel of Record for
this Party:
Terry A. Shulsky, Esquire
Pa. I.D. #82379
Mark R. Owens, Esquire
Pa. I.D. #83895
KLETT ROONEY LIEBER
SCHORLING
A Professional Corporation
Two Logan Square - 12th Floor
Philadelphia, PA 19103
(215) 567-7500
KRLSPHI:384228.1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUI
CHILLERS,
Plaintiff,
V.
RSI, 1NC.,
Defendant,
NO. 02-3030 Civil Term
JURY TRIAL DEMAND
NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT
TO:
RSI, INC.
Attn: Elmer Slaseman, President
120 4th Street
New Cumberland, PA 17070
DATE: SEPTEMBER 5, 2002
**IMPORTANT NOTICE**
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHING TEN(10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU
SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
KRLSPHi:384228.1
Dated: September 5, 2002
KLETT ROONEY LIEBER & SCHORL1NG
A Professional Corporation
Philadelphia, PA 19103
(215) 567-7500
Attorneys for Plaintiff, Sunlsle Chillers,
f/k/a Maui Chillers
KRLSPHI:384228.1 2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
SUNISLE CHILLERS F/K/A MAUI
CHILLERS,
Plaintiff,
V.
RSI, 1NC.,
Defendant,
NO. 02-3030 Civil Term
JURY TRIAL DEMAND
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a tree and correct copy of the foregoing Notice
of Praecipe to Enter Default Judgment was served this 5th day of September, 2002 on the party set
forth below via Certified U.S. Mail and first class, U.S. Mail, postage prepaid (with certificate of
mailing):
RSI, INC.
Attn: Elmer Slaseman, President
120 4th Street
New Cumberland, PA 17070
KLETT ROONEY LIEBER & SCHORLING
A Professional Corporation
., U;S. POSTAJ. ~ERVICE CERTIFICATE OF MAILING
120 4ch Street
New Cumberland, FA 17070
PS Form 3817'. Janue~'y 2001