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Home My WebLink About02-3197NICHE ELECTRONICS TECHNOLOGIES, 1NC. Plaintiff XENSOR CORP. and Mario Rafalin 4000 Bridge Street Drexel Hill, PA 19028 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN ASSUMPSIT 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 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 fights 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 Two Liberty Avenue Carlisle, PA 17013 Richard P. Mislitsky, Esquire Attomey ID//28123 One West High Street P. O. Box 1290 Carlisle, PA 17013 (717) 241-6363 NICHE ELECTRONICS TECHNOLOGIES, INC. Plaintiff XENSOR CORP. and Marlo Rafalin 4000 Bridge Street Drexel Hill, PA 19028 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION - LAW IN ASSUMPSIT COMPLAINT IN ASSUMPSIT AND NOW, comes the Plaintiff, Niche Electronics Technologies, Inc., by and through their Attorney, Richard P. Mislitsky, Esquire, and files this Claim against the Defendant and in support thereof avers the following: 1. The Plaimiff, Niche Electronics Technologies, Inc., is a Pennsylvania corporation duly organized under the Laws of the Commonwealth of Pennsylvania with a principal address at 201 Dykeman Road, Shippensburg, Cumberland County, Pennsylvania 17257 2. The Defendant, Xensor Corporation, is believed and therefore averred to be a corporation organized and existing under the Laws of the Commonwealth of Pennsylvania with a principal place of business at 4000 Bridge Street, Drexel Hill, Delaware County, Pennsylvania. 3. It is believed and therefore averred that Marlo Rafalin is the principal owner and decision-maker of Xensor Corporation with a principal place of business at 4000 Bridge Street, Drexel Hill, Delaware County, Pennsylvania 19028. 4. It is believed and therefore averred that Marlo Rafalin is solely responsible for the decision making of the Defendant Corporation and the person solely responsible for making the decision not to pay monies due to the Plaintiff herein. Exhibit A 40eo Bridge Slmet P.O. Box t88 Drexel Hill, PA 19026 TM.: (610) 284-2808 F~X: (610) 2594379 Villt our wel~lte at: www.xenlor. Gom TO: NICHE ELECTRONICS 201 DYKEMAN ROAD SHIPPENSBURG PA 17257-0332 Phone: 717-532-6620 Fax: 717-532-7393 P.O. DATEI BUYER I SHIP VIA I 11/14/01 BOBB UPS I Q'I'Y I UM I PART NUMBER I PURCHASE ORDER PO NUMBER: 111481B VENDOR NUMBER: XENSOR CORPORATION 4000 BRIDGE STREET DREXEL HILL PA 19026 FOB POINT I TERMS DATE REQ )ES'FINATION I NM 30 12/15/01 J DESCRIPTION 1 EA PC BOARDASSEMSLY 112-1¢ Deliver o~: 12/15/01 Our part # 66100-001 BARE BOARD AR'I~/ORK Deliver on: 12/15101 CONFIRMING TO JOE AUGUSTII ASSEMBLIES AS.AP, PARTIAL~ HAVE THEM EEFORE THE END~ I UNIT PRICE J 100-01 REV C ~ND ELEC, NEED OK CAN ~ THE YEAR? TOTAL 25.750 TOTAL $1 NICHE ELECTRONICS TECHNOLOGIES, INC, 8HIPPENS~U~O, PA 177.57 (717)5~2-6620 INVOICE INVOICE N[JMBEFk INVOICE DATE: PAGE: 5653 Jan 9, 2002 1 ~OLD TO: Xens~r 4000 Bridge Street P,O. Box 188 Drexel Hill, PA 19026 112-10103-01 Rev D 10.75 25.00 !'=, 4,300.00 25.00 4,325.00 4.325.00 0.00 4,325.00 Exhibit B SHERIFF'S RETURN - CASE NO: 2002-03197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICHE ELECTRONICS TECHNOLOGIES VS XENSOR CORP ET AL OUT OF COUNTY R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: XENSOR CORP but was unable to locate Them in his bailiwick. deputized the sheriff of DELAWARE County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On July 19th , 2002 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge Dep Delaware Co 18.00 9.00 10.00 46.85 .00 83.85 07/19/2002 RICHARD MISLITSKY Ri' Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~,~/~ day of ~,~,,~ ~2~_ A.D. ! ~ Prothonotary SHERIFF'S RETURN - OUT OF CASE NO: 2002-03197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICHE ELECTRONICS TECHNOLOGIES VS XENSOR CORP ET AL COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , RAFALIN MARIO but was unable to locate Him in his bailiwick. deputized the sheriff of DELAWARE County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff says, that he made a diligent to wit: who being search and He therefore Pennsylvania, to On July 19th , 2002 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 07/19/2002 RICHARD MISLITSKY So answers: ~. Thoma~ Kline Sheriff of Cumberland County Sworn and subscribed to before me this ~( day of / ~Z~ ~_~ A.D. Prothonotary' R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OFTHE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RC)NNY R. ANDERSON Chief Deputy PATRiCIA A. SHA'Fq-O Real Estate Deputy TO: Delaware Dear Sir: county Sheriff p~: Niche Electronics Technologies Inc. VS X~4SOR Corp et al 02-3197_ civil Enclosed please find Notice & Cc~plaint in Assumpsit . . X~NSOR Corp. to be served upon Mario Rafa] in 4000 Bridge Street Drexel Hill, PA 19028 in your County. IGndly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, ' R. Thomas Kline, Sheriff Cumberland County, Pennsylvania NOTARIAL SEAL KAT,,~I.EEN E McCUEN. Nom~ PuI~C Boro., Delaware Cochin/ Commissio~ Exp~ es April 7. LfK)~ In The Court of Common Pleas of Cumberland County, Pennsylvania, Niche Electronics Technologies Inc. VS. ' XENSOR Corp et al SERVE: XENSOR Corp No. 02 3197 civil Now, July 9, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Delaware County to execute'this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now~ within ,20 , at o'clock M. served the upon by handing to and made known to copy of the orig/nal the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this __ day of ,20__ COSTS SERVICE MILEAGE AFFIDAVIT THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OFTHE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RONNY R. ANDERSON Chief Deputy PATRICIA A. SHAT/O Rest Estate Deputy TO; Delaware County Sheriff RE: Dear Sir: Niche Electronics Technologies Inc. VS Xt~SOR Corp et al 02-3197_ civil Enclosed please find to be served upon (~ Notice & Complaint in Assumpsit XENSOR Corp. Mario Rafalin 4000 Bridge Street Drexel Hill, PA 19028 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yours, R. Thomas Kline, Sheriff NOTARIAL SEAL KATI'iLEEN E McCUEN, Notae/Public Media ~om.. Delaware County '~lcl~l~l~issien Expires April 7, 2006 Cumberland County, Pennsylvania In The Court of Common Pleas of Cumberland County, Pennsylvania Niche Electronics Technologies Inc. VS. XENSOR Corp et al SERVE: Mario Rafalin No. 02 3197 civil NOW, July 9, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriffof Delaware County to execute'this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA. Affidavit of Service Now, ., 20 , at o'clock M. served the within upon by handing to a and madeknownto copy of the original So answers, the contents thereof. Sworn and subscribed before me this day of ., 20 Sheriff of County, PA COSTS SERVICE MILEAGE AFFIDAVIT NICHE ELECTRONICS TECHNOLOGIES, INC. Plaintiff XENSOR CORP. and Mario Rafalin 4000 Bridge Street Drexel Hill, PA 19028 Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY PENNSYLVANIA : : NO. 02-3197 : CIVIL ACTION - LAW : IN ASSUMPSIT : PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned action and forward it to the Sheriff for service. Richard P. Mislitsky, Esquire Supreme Court Id. #28123 One West High Street Carlisle, PA 17013 (717) 241-6363 Counsel for Plaintiff SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2002-0319V P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICHE ELECTRONICS TECHNOLOGIES VS XENSOR CORP ET AL R, Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT XENSOR CORP , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: but was unable to locate Them in his bailiwick. deputized the sheriff of DELAWARE County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On September 18th , 2002 , this office was in receipt of the attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge Dep Delaware Co 18.00 9.00 10.00 46.85 .00 83.85 09/18/2002 RICHARD MISLITSKY R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this /9~? day of ~ ~2~-A A.D. / · Prothonotary SHERIFF'S RETURN CASE NO: 2002-03197 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NICHE ELECTRONICS TECHNOLOGIES VS XENSOR CORP ET AL - OUT OF COUNTY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: RAFALIN MARIO but was unable to locate Him in his bailiwick. deputized the sheriff of DELAWARE County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, On September 18th , 2002 , this office was in receipt of the to attached return from DELAWARE Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 09/18/2002 RICHARD MISLITSKY So answers: " K. ~homas Kline / Sheriff of Cumberland County Sworn and subscribed to before me this /g ~ day of ~__ ~L A.D. ! ! Protho~otary~ / In The Court of Common Pleas of Cumberland County, Pennsylvania Niche Electronics Technologies !nc. ¥$, XENSOR Corp et al SERVE: XENSOR Comp No. 02 3197 civil I%[OW, August 30, 2002 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Delaware Co!lBty to execute'this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Now, within Affidavit of Service ,20o-c ,at ~0~? .o'clock___~M- servedthe upon by handing to /~r~ a and made known to copy of the ori~nal the contents thereof. So answers, County, PA Sworn and subscribed before me2_ray ! Media Bom, De~awa~e Count'/ ~_My C{~mmi~s'i~ ~pires April 7, 2006 COSTS SERVICE MILEAGE AFFIDAVIT R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 RUSH RONNY R. ANDERSON Chief Deputy PATRICIA A. SHATTO Real Estate Deputy TO: Delaware Dear Sir: County Sheriff RE: Niche Electronics Technologies Inc. VS X~qSOR Corp et al 02-3197 civil Enclosed please find Notice & Ccrnpla~.t J~ Assumpsit to be served upon 4000 Bridge Street Drexel Hill, PA 19028 in your County. Kindly make service thereof and send us your return of service. Enclosed is the advance payment which you requested. Very truly yo.u~rs, · R. Thomas Kline, Sheriff Cumberland County, Pennsylkania 'Enclosures: In The Court of Common Pleas of Cumberland County, Pennsylvania Niche Electronics Technologies Inc. ¥S. XENSOR Corp et al SERVE: Mario Rafalin No. 02 3197 civil NOW, August 30, 2002 ,I, SHERIFF OF CUIvfBERLAND COUNTY, PA, do hereby deputize the Sheriff of Delaware County to execute'this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service /0 ~-~/,~'~ ,20 -~--, at /../zo/ o'clock Now, within C~M. served the upon by handing to '~c;7-~ /~,,0 ,/f-,*~9[~; copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me , 20 NO~'ARIAL SEAL' _ ,"-~,~ KATHLEEN E McCUEN Notary Public Media Boro, Delaware Count_y_. _ M~' Commisslo~ E;~pires April 7 2006 COSTS SERVICE MILEAGE AFFIDAVIT R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solfcitor OFFICE OF THE SHERIFF RONNY R. ANDERSON Chief Deputy PATRICIA A. SHAKO Rea[ Estate Deputy One Courthouse Square Carlis'e' Pennsylvania 170' 3 ~' ~2~.) TO: Delaware County Sheriff RUS'H Dear Sir: Niche Electronics Technologies Inc. VS X~qSOR Corp et al 02-3197 civil ~~~_ Enclosed please fmd to be served upon Notice &Ccmplaint in Assumpsit 4000 Bridge Street Drexel Hill, PA 19028 ~n your CounW. Kindly make service thereof and send us your remm of service. Enclosed is the advance payment which you requested. Very truly yours, R. Thomas Kline, Sheriff Cumberland County, Pennsylvania 'Enclosures: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHE ELECTRONICS TECHNOLOGIES, INC. XENSOR CORP. and MARIO RAFALIN Plaintiff, · Defendants. · CYV'IL ACTION - LAW NO. 02-3197 JOINT PRAECIPE TO MARK ACTION SETTLED~ DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above-captioned action settled, discontinued and ended with prejudice as to ~ parties. Richard P. Mislitsky, Esqui e One West High Street P.O. Box 1290 Carlisle, PA 17013 Attorney for Plaintiff Dated: I~ ]1~]O~ Deena B. Beard, Esquire Wolf, Block, Schorr & Solis-Cohen LLP 1650 Arch Street, 22nd Floor Philadelphia, PA 19103 Attorney for Defendants Dated:~~ /2. j ,~d'O ~ DSB:878657.1 FFRA057-069024