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HomeMy WebLinkAbout02-4912 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA Keystone Metal Building Services, Inc., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0,2_- z-/~'l~_ FTF Construction, Inc., Defendant 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 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, PA 17013 Dated: SAIDIS, SHUEF<, PhOWER & LINDSAY Ro6ert C. Saidis, Esquire Supreme Court I.D. # 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA Keystone Metal Building Services, Inc., Plaintiff FTF Construction, Inc., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, Keystone Metal Building Services, Inc., by and through its undersigned attorneys, Saidis, Shuff, Flower & Lindsay, and avers in support of this Complaint against Defendant, as follows: 1. Plaintiff, Keystone Metal Building Services, Inc. is a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania with an office or principal place of business located at 1660 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, FTF Construction, Inc., is believed to be a Pennsylvania corporation with an office of principal place of business located at 523 West Chocolate Avenue Suite 2000, Hershey, Dauphin County, Pennsylvania 17033. COUNT I - HALLER ENTERPRISES 3. Paragraphs 1 through 2 are incorporated herein by reference. 4. On June 25, 2001, the Plaintiff via facsimile sent the Defendant a proposal for work to be performed by the Plaintiff at the client's airport project located in Lancaster, Lancaster County, Pennsylvania for the total sum of $25,000.00. 5. On June 28, 2001, the Plaintiff via facsimile sent the Defendant a revised SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA proposal for work to be performed by the Plaintiff at the client's airport project located in Lancaster, Pennsylvania. A true and correct copy of the revised proposal is attached hereto, incorporated herein, by reference marked as Exhibit "A". 6. On June 26, 2001, the Defendant accepted the Plaintiff's revised proposal by signing the proposal and returning it to the Plaintiff. 7. In accordance with the proposal attached hereto as Exhibit "A", Plaintiff commenced work on the client's airport project on behalf of Defendant on July 2, 2001. 8. On July 23, 2001, Plaintiff sent the Defendant an application for payment in the amount of $23,687.50 with an accompanying AIA Document (3703. A true and correct copy of the application for payment is attached hereto, incorporated herein, by reference marked as Exhibit "B". 9. Defendant remitted payment to Plaintiff in the amount of $21,318.75, leaving a balance of $ 2,368.75 unpaid. 10. On August 21,2001, Plaintiff sent the Defendant an application for payment in the amount of $1,312.50 along with an accompanying AIA Document G703. A true and correct copy of the application for payment is attached hereto, incorporated herein, by reference marked as Exhibit "C". 11. Defendant failed to remit payment of the $1,312.50. 12. On August 21,2001, Plaintiff sent the Defendant an invoice for additional work performed by Plaintiff in the amount of $2,508.00. A true and correct copy of the invoice is attached hereto, incorporated herein, by reference marked as Exhibit "D". 13. Despite receipt of the applications and invoice for payment, Defendant SAIDIS SHUFF, FLOWER & LINDSAY 26W. High Street Carlisle, PA has failed and refused to pay the remaining $ 6,189.25 due Plaintiff. 14. Plaintiff has performed work as set forth and agreed upon in the proposal and Plaintiff has met all conditions precedent to receipt of payment for the work performed. Wherefore, the Plaintiff, Keystone Metal Building Services, Inc., demands judgment against the Defendant, FTF Construction, Inc. in the amount of $ 6,189.25 plus interest at the rate of 1-1/2 percent per month, together with costs. COUNT II- KLINE'S SEPTIC 15. Paragraphs 1 through 14 are incorporated herein by reference. 16. On August 21, 2001, the Plaintiff, via facsimile, sent the Defendant a proposal for work to be performed by the Plaintiff at the client's septic project located in Salunga, Lancaster County, Pennsylvania to the total sum of $26,000.00. A true and correct copy of the proposal is attached hereto, incorporated herein, by reference marked as Exhibit "E". 17. On August 23, 2001, the Defendant accepted the Plaintiff's proposal by signing the proposal and returning it the Plaintiff. 18. In accordance with the proposal attached hereto is Exhibit "E", Plaintiff commenced work on the client's septic project on behalf of the Defendant on August 31, 2001, Plaintiff sent the Defendant an application for payment in the amount of $7,675.20 with an accompanying AIA Document G703. A true and correct copy of the application for payment is attached hereto, incorporated herein, by reference marked as Exhibit "F". SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 19. On September 19, 2001, Plaintiff sent the Defendant an application for payment in the amount of $13,501.80 along with an accompanying AIA Document G703. A true and correct copy of the application for payment is attached hereto, incorporated herein, by reference marked as Exhibit "G". On October 19, 2001, Plaintiff sent an application for payment to the Defendant in the amount of $2,223.00 with an accompanying AIA Document G703. A true and correct copy of the application for payment is attached hereto, incorporated herein, by reference marked as Exhibit 20. Despite receipt of the applications for payment, Defendant has failed and refused to pay total amount due or any part thereof. 21. Plaintiff has performed work as sent forth and agreed upon in the proposal and Plaintiff has met all conditions precedent to receipt of payment for the work performed. Wherefore, the Plaintiff, Keystone Metal Building Services, Inc. demands judgement against the Defendant, FTF Construction, Inc. in the amount of $26,000.00 plus interest at the rate of 1-1/2 percent per month together with costs. Date: j~,~ Z- By: SAIDIS, SHUFF, FLOWER & LINDSAY Ro~----bert squire Supreme Court ID # 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: · Todd Travitz V I.~.dofl: Lanmmt. T AJrl~~ Pm, · ~' ~F. OFt ~ER ~ ~TO~y ~CT~ ~u~ i ~uc I IUN P~PO~ ~L BECOME P~ OF AIA DOCUMENT G702 *'" TO CUSTOMER: F'rF CONSTRUCTION, INC. 523 W. CHOCOLATE AVENUE SWEET 2~O HERSHEY, PA 17033 FROM CONTRACTOR: KEYSTONE METAL BUILDING SERVICES 1~0 SPRING ROAD CARLISLE, PA 17013 CONTRACT FOR: HALLER ENTERPRISES PROJECT: HALLER APPLICATION NUMBER: 1 APPLICATION DATE: 07/23~1 PERIOD TO: 07/31/01 ARCHITECT'S PROJECT NO: CONTRACTOR'S APPLICATION FOR PAYMENT ~ la made f~' peyment, ~m ahovm below, in onnnec~ w~h Ule Co~ract. Continuation Sheet, AIA Document G703, Is =ffachad. 1. ORIGINAL CONTRACT SUM ..................................... $ 25000.00 2. Ne~ Change By Change Orde~ ................................... $ 0.00 3. CONTRACT SUM TO DATE (line I & 2) ..................... $ 25000.00 4. TOTAL COMPLETED & STORED TO DATE .............. $ 23~7.50 (Column G on G703) 5. RETAINAGE a. % of Coml:x~d Wof~ $ (Column D + E on G703) b. ~ ~ St~ ~ (~umn F ~ G7~) T~I R~e (U~ ~ + ~ ~ T~ In C~umn I of GT~) .................................... ~. TOTAL ~RNED LESS RETAINAGE .......................... 7. LESS PRE~OUS CERTIFICATES FOR PA~E~.. 8. CURRENT PA~ENT DUE ........................................ g, BA~NCE TO FtNJSH, iNCLUDING RETAINAGE (U~3~ U~ e) S ~1~ 21318.75 0.00 21318.75 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS TO~ chang~m approved In Pmvtou= rn~'lfl~ by Ovmer 0.00 0.~ T~ a~ ~ ~ 0,~ 0.~ TOTALS 0.~ 0.~ NET CHANGES ~ C~ O~ 0.~ <~ERTIFICATE FclgR.~E~:~wY.'''''u'~m'~lOr~ ~r. M~24, ~ ~ ~ of ~r ~, Inf~ ~ ~Hf ~ W~ ~ ~1~, ~q~of~ W~ bin ~ ~ ~ of ~ AMOUNT CERTIFIED. AMOU~ CERTIFIED .........................................$ By: D~: ARCHITECT: ~ ~e ~ ~ ~. ~ AMOUNT CERTIFIED ~ on~ ~ ~e C~ m~ ~. I~, ~ of ~ ~r or C~,~r u~ ~ C~. z AIA DOCUMENT G702 TO CUSTOMER: FTF CONSTRUCTION, INC. 523 W. CHOCOLATE AVENUE SWEET 2000 HERSHEY, PA 17033 FROM CONTRACTOR: KEYSTONE METAL BUILDING SERVICES 1660 SPRING ROAD CARLISLE, PA 17013 CONTRACT FOR: HALLER ENTERPRISES PROJECT: HALLER APPLICATION NUMBER: 2 APPLICATION DATE: 0~21/01 PERIOD TO: 08/31/01 ARCHITECT'S PROJECT NO: CONTRACTOR'S APPLICATION FOR PAYMENT Ap~l~atton t~ rhode for payment, u ~ below, fn ¢onn~-tlo~ with the Contract. Continuation Sha~, AIA Oocumeflt G703, is attached. 1. ORIGINAL CONTRACT SUM ..................................... S 25000.00 2. Nat Change By Change Ordem ................................... $ 0.00 3. CONTRACT SUM TO DATE (line I & :2) ..................... $ 2S000.00 4. TOTAL COMPLETED & STORED TO DATE .............. $ 25000.00 (Column G on G703) 5. RETAINAGE The undersigned Contractor certifies that to rna best of the Contractor's Imovdeclge, Intormaflofl and belief the Work m3a~m¢l by thie Application for Payment has bee~ com~ed In ac~3n$- ance with the Contract Documents, that all atm3untl ha~ been paid by the Contractor for Work for which prev~m~ Ce~flcat~ for Payment were issued and payment~ mct,~,d from the Dying, and that cu.~__R!lg~ent sh/:~a~(e~r~n is aow due. c SERVICES (Column F off G703) To, at Re~lcage (Line 5a * 5b or .TotoI tn Column I of G703) .................................... $ 2500.00 6. TOTAL EARNED LESS RETAINAGE .......................... $ 22500.00 (Line 4 ~ Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT.. $ 21318.75 (Une 8 from prior Certificate) 8. CURRENT PAYMENT DUE ........................................ $ 1181.25 g. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 leas Line 6) $ 2500.00 a. % of Comp~nd Work $ (Column D + E on G703) store ~~.~.~ubacllbed and ~ to betom ,,., O, b. ~ of St~ ~1 $ N~G~ / Kart R. T~vi~, ~ ~flc J ~ ~ ~ .~ ' ~ ~ T~., C~a~ C~ I ~TIFICATE FOR p~mml~lOn ~=s ~W ~, Z003 J CHANGE ORDER SUMMARy ADDITIONS DEDUCTIONS Tctat change~ apprm~l In Prevfou~ rnont~ by Ovmer 0.00 0.~ T~I a~ ~ts ~ 0.~ 0.~ TOTALS 0.~ 0.~ NET CHANGES ~ Chen~ O~ 0.~ In accordance with the Contract D~I~~ao~UO~ o! Notanes oheen,,atlone and the data compri~ng this ed~Icatfoc, th~ Conatructlofl Manager and Architect ~ertffy to the Owner that to the be~t of their know~edge, infon~a~qo~ and belief the Work has progressed as indicated, the quality of the Work ia In accordance wffh the Contract Departwlents, and the Contractor is efffltisd to payment o~' the AMOUNT CERTIFIED. AMOUNT CERTIFIED ......................................... (Attached ex~anetion if amount certified differs from the amount eppited for) CONSTRUCTION MANAGER: By: Date: ARCHITECT: By: Date: This Certificate ia not negotiable. The AMOUNT CERTIFIED is payable onty to the Contractor named h~'~n. Issuance, payment, and acceptance of payment ara without prejudice to any righ~ of the Owller or Contractor under this Contract. Bill To: FTF CONSTRUCTION, INC. 523 W. CHOCOLATE AVENUE SWEET 2000 HERSHEY, PA 170:33 Bhlp To: FTF CONSTRUCTION, INC. 523 W. CHOCOLATE AVENUE SWEET 2000 HERSHEY, PA 170:3:3 Non Taxable Amount N JOB: HALLER ENTERPRISES LABOR TO INSTALL RETRO ROOF INSULATION 07117/01 THRU 07~.t0/01 LABOR 7~ HOURS $ 2,280.00 VEHICLE ROUND TRIPS 2 S 22800 I Nontaxable Subtotal 2508.00 Taxable Subtotal 0.00 Tax 0.00 Total Invoice Customer Original Page Pre-Engineered Metal Building Erectors & Sales 1660 SPR~NG ROAr~ CARtmE, PA 17013 P,ON~: 717-243-4441 FAX: 717-249-2843 EXTRA WORK TICKET :OB DATE YOU ARE HEREBY AUTHORIZED TO PERFORM THE WORK DESCRIBED BELOW AND TO RENDER YOUR INVOICE FOR THIS WORK IN ACCORDANCE WITH THE TERMS STATED. TERMS AND CONDITIONS COVERING EXTRA WORK A8 DETAILED IN OUR ORIGINAL ORDER. COST PLUS IN ACCORDANCE WITH TERMS STATED IN "DESCRIPTION OF WORK" BELOW. DESCRIPTION OF WORK NO# OF MEN WORKED SUPERINTENDENTS , LABORS TRAVEL TIME HOURS MILES EQUIPMENT USED. ~,~ 5,'.c~'o~'~ ,~,"~/ HRS WORKED HRS.WORKED HRS. USED ~ MATERIALS USED DESCRIPTION OF WORK PERFORMFn CUSTOMER: NAME: ADDRESS: KEYSTONE METAL BUILDING SERVICES, INC. TITLE: ~a ,~_q SIGNATUR~ EXTRA WORK O ~RDER # Pre-Engineered Metal Building Erectors & Sales 1660 $~mNG ROAD CA~USLE, PA 17013 P.ONE: 717-243-4441 FAX: 717-249-2B43 EXTRA WORK TICKET YOU ARE HEREBY AUTHORQ~ED TO PERFORM THE WORK DESCRIBED BELOW AND TO RENDER YOUR INVOICE FOR THIS WORK IN ACCORDANCE WITH THE TERMS STATED. TERMS AND CONDITIONS COVERING EXTRA WORK AS DETAILED IN OUR ORIGINAL ORDER. COST PLUS IN ACCORDANCE WITH TERMB STATED IN "DESCRIPTION OF WORK" BELOW. DESCRIPTION OF WORK NO# OF MEN WORKED TRAVEL TIME SUPERINTENDENTS ,HRS WORKED lABORS / HRS.WORKED HOURS ~ MILES EQUIPMENT USED MATERIALS USED _/ "RS. USED DESCRIPTION OF WORK PERFORMFD CUSTOMER: ADDRESS: KEYSTONE METAL BUILDING SERVICES, INC. TITLE: ~'-0 EXTRA WORK ORDER # Pre-Engineered Metal Building Erectors & Sales 1660 S~m~ ROAD CARLISLE, PA 17013 P.ONE: 717-243-4441 FAX: 717-249-2843 EXTRA WORK TICKET JOB _,.L:;~'C"' t'"' F',"~'e ,~" DATE / ! YOU ARE HEREBY AUTHORIZED TO PERFORM THE WORK DESCRIBED BELOW AND TO RENDER YOUR INVOICE FOR THIS WORK IN ACCORDANCE WITH THE TERMB STATED. TERMS AND CONDITIONS COVERING EXTRA WORK AS DETAILED IN OUR ORIGINAL ORDER. COST PLUS IN ACCORDANCE WITH TERMS BTATED IN "DESCRIPTION OF WORK" BELOW. DESCRIPTION OF WORK NO~ OF MEN WORKED TRAVEL TIME SUPERINTENDENTS / HRS WORKED LABORS ~ HRS.WORKED HOURS ~ MILES EQUIPMENT USED HRS. USED MATERIALS USED 10 DESCRIPTION OF WORK PERFORMED CUSTOMER: NAME: ADDRESS: KEYSTONE METAL BUILDING SERVICES, INC. TITLE: ~ q~ SIGNATU~ TITLE:~ EXTRA WORK ORDER # Pre-Engineered Metal Building Erectors & Sales 1660 S~'eNG ROAO CARUStE, PA 17013 P,ON~: 717-243-4441 FAx: 71 7-249-2843 EXTRA WORK TICKET YOU ARE HEREBY AUTHORIZED TO PERFORM THE WORK DESCRIBED BELOW AND TO RENDER YOUR INVOICE FOR THIS WORK IN ACCORDANCE WITH THE TERMS STATED. TERMS AND CONDITIONS COVERING EXTRA WORK AS DETAILED IN OUR ORIGINAL ORDER. COST PLUS IN ACCORDANCE WITH TERM~ STATED IN "DESCRIPTION OF WORK" BELOW. DESCRIPTION OF WORK NO# OF MEN WORKED TRAVEL TIME EQUIPMENT USED MATERIALS USED. -.~ ~ f'~ ~ SUPERINTENDENTS LABORS HOUR8 MILES HAS WORKED HRS.WORKED~ HAS. USED, ~ DESCRIPTION OF WORK PERFORMEr) CUSTOMER: NAME: ADDRESS: SIGNATURE: TITLE: KEYSTONE METAL BUILDING SERVICES, INC. TITLE: /':""c~/'"/'¥~ ~,4 i/'~ EXTRA WORK ORDER # Pre-Engineered Metal Building Erectors & Sales 1660 Sr~m~ ROAn CAlUSf.~, PA 17013 P,ONE: 717'243-4441 FAX: 717'249-2843 EXTRA WORK TICKET YOU ARE HEREBY AUTHORIZED TO PERFORM THE WORK DESCRIBED BELOW AND TO RENDER YOUR INVOICE FOR THIS WORK IN ACCORDANCE WITH THE TERMS STATED. TERMS AND CONDITIONS COVERING EXTRA WORK AS DETAILED IN OUR ORIGINAL ORDER. COST PLUS IN ACCORDANCE WITH TERM~ STATED IN "DESCRIPTION OF WORK" BELOW. DESCRIPTION OF WORK NO~ OF MEN WORKED SUPERINTENDENTS LABORS TRAVEL TIME HOURS MILES EQUIPMENT USED ~ ,.~.~ ~ ~. C~-- MATERIALS USED ,~"(~ C _~:~.~ Q~ ~ HRS WORKED HRS.WORKED HRS. USED DESCRIPTION OF WORK PERFORMFn CUSTOMER: NAME: ADDRESS: KEYSTONE METAL BUILDING SERVICES, INC. TITLE: SIGNATURE: TITLE: EXTRA WORK ORDER # fle-EngineMed Metal Bul~Nng Erectors & Sales AND ERr:C[ YATERIAL~ FOR A 12'W · 150'L x ~' ~V1; HEIC~HT ~ ENGIINEEREZ) VAR. CO PRUOEN 1. Ai.J. MAT~J~gd.~ ily 3. 'PKI~ G~ BE NULL ~D 8U~ECT TO C~ 4. ~NE~ CONO~O~ TO ~, COMfl~ON OF S ~ ~F CU~, ~ PIPE F~HIN~) W~L LO~R OPENINg, UNER P~L ANO I~T~ OF ~CHOR ~ ~ ~CLUDEQ FROM ~ PffiCE. ~h_~ ~ cOm~ ~n I ~b~timJ~j I~ '~mRminllim men~ m~Q~dlng to ~ ~ ~ ~e Ail ~ compfM~l t~ ~,~ ~ of t~ m(N~h Mil iN tdlbd it ~0% of .empl~ed 'q~ut, P,i'pt~fr~ Ira, Mpidit wed[ im GENERAL CONDITIONS TO THE CONSTRUCTION PROPOSAL 1. All work performed by Keystone Metal Building Services, Inc. will be completed in a workmanlike manner, in accordance with the standard practice established by the Metal Building Dealers Association's "CODE OF ETHICS". 2. This proposal is subject to scheduling of s mutual acceptable date for the initiation and completion of construction. In the absence of written acceptance by Keystone Metal Building Services, Inc. of a construction schedule ( including beginning date and ending date), Keystone Metal Building Services, Inc. shall be relieved of all obligations under this proposal and any subsequent contract. 3. Purchaser will supply all materials to the building site. The purchaser shall schedule the delivery of material such that erection can begin immediately. If the erection cannot begin immediately, the purchaser agrees to pay any additional costs misted to the early delivery. 4. Purchaser will be responsible for the setting of all anchor bolts for the steel erection. 6. Improperly set anchor bolts must be repaired or corrected at the purchaser's expense. If improperly set anchor bolts are repaired or corrected by Keystone Metal Building Services, Inc. said repairs will be billed to the purchaser and paid by purchaser as an extra charge to the construction proposal. 6. The purchaser shall be responsible for securing and providing liability, fire, tornado, flood and . other necessary insurance end furnish Keystone Metal Building Services, Inc. with a copy of the insurance certificates prior to the start of erection upon the building site. 7. Keystone Metal Building Services, Inc. shall be responsible for placing debris from erection in piles on the building site. The purchaser is responsible for removing the piles of debris from the building site. 8. The delivery of the construction material and inventory to the building site is the responsibility of the purchaser and shall not be the responsibility of Keystone Metal Building Services, Inc. 9. It shall be the responsibility of the purcltaser to insure safety of the erection material and inventory on the building site together with the material erected, against theft, vandalism or damage by others from the time of delivery through the completion of the steel erection. 10. The purchaser must furnish electricity to the building site or reimburse Keystone Metal Building Services, Inc. for the cost of renting a generator to supply the electricity to the job site. 11. Prior to the start of the material erection by Keystone Metal Building Services, Inc., the purchaser must provide a ten foot (10') wide clear and level access area around the perimeter of the building and purchaser shall clear the building site of any obstructions. 12. If the purchaser defaults in any payment required by the terms of this proposal, the purchaser agrees to pay s service charge at the rate of one and one-half (1.6%) percent per month on the balance due in addition to all attorney fees incurred by Keystone Metal Building Services, Inc. in tho collection of any amount due. 13. The occupancy or use of the erected building by the purchaser before completion will constitute acceptance of the building and payment in full of the outstanding balance of this proposal will be required at that time. 14. The purchaser ia responsible for obtaining any required local permits for the erection of the building prior to that start of construction. 16. Keystone Metal Building Services, Inc. is not responsible for delays which are caused by strikes, accidents, weather, delays caused by the changes of the purchaeer or the purchaser's architect, or any other delays which are beyond the control of Keystone Metal Building Services, Inc. 16. Keystone Metal Building Services, Inc. will provide a limited warranty upon which it agrees to repair or replace at its expense within two (2) years of completion of the steel erection, any work which requires repair or replacement due to defect in workmanship of the erection performed by Keystone Metal Building Services, Inc., however, Keystone Metal Building Services, Inc. will not be responsible for any consequential damages which reeult from said defects. This limited warranty is the only warranty made by Keystone Metal Building Services, Inc. and ia in lieu of any other express or implied warranty which is hereby waived by the purchaser. 17. Quotation is based on a merit shop project with labor being performed by our own non-union employees only. 18. These general Conditions to the Proposal shall become part of any subsequent agreement which is made pursuant to the Proposal submitted to the purchaser. AIA DOCUMENT G?02 TO CUSTOMER: FTF CONSTRUCTION 523 W. CHOCOLATE AVENUE SWEET 2000 HERSHEY, PA 17033 FROM CONTRACTOR: KEYSTONE METAL BUILDING SERVICES 1660 SPRING ROAD CARLISLE, PA 17013 CONTRACT FOR: KMNE'S SEPTIC PROJEC'i: K[ INE'S SEPTIC APPLICATION NUMSER: 1 CONTRACTOR'S APPLICATION FOR PAYMENT Application t~ made I'of peyme~, as ehow~ below, in connection with (Column G~ on G703) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT. $ 000 (Line 6 fro~l pri~ Ceftiflcsle) CHANGE ORDER SUMMARY ADDITIONS OEDUCTIONS T~II charlg~ mppfov~ I. Pr~aous me.the by ~ 0.00 0.00 Total eppm~d this Month 0.00 TOTALS 0.00 0.00 NET CHANGES by Change O~derm 000 / I. ~,lBIr/H. Tra'4IZ Notary NWa~Y PudlffiT' ~ ~/orlh Mlddiatorl Two., Ctimb~p ' C~RTIFICATE FO~rp~TM~T'aemb~r, pe~n~,lva~.~._.. amount epptled for) ARCHITECT: By: This Cedtflcate is not negotiable. The AMOUNT CERTIFIED ia payable only to the Cmffractor named he.In, lssmmce, payment, and acceptance of paymerff are wahout p~uWce to any rlgh~ of lhe Ow~e~ or Contractor under thlm Contract. 0 TO CUSTOMER: FTF CONS'[ RUCTION 523 W. CHOCOLATE AVENUE SWEET 2000 HERSHEY, PA 17033 FROM CONTRACTOR: KEYSTONE METAL SUILDIN(3 SERVICES 161~1SPRIN(3 ROAD CARLISLE. PA 17'013 CONTRACT FOR: KLINE'S SEPTIC .... PROJECT: KI_INE'S SEPTIC APPLICATION NUMSER: APPLICATION DATE: Og/l g/O1 PERIOD TO: ARCIIITECI'S PROJECI' NO: CONTRACTOR'S APPLICATION FOR PAYMENT Appik)Mk)n IS made i'm' payment, am mheww below, In connection with the Contract. Continuation SheM. AIA Document (3703, IS aflechad. I. ORI(31NAL CONTRACT SUM ............................ $ 2~O00.00 2. Nnt Change By Chef, ge Ordere .............................. $ 0.00 3. CONTRACT SUM TO DATE (line 1 & 2) ................ $ 2~000 00 4. TOTAL COMPLETED & STORED TO DATE ........... $ 2353000 (Column (3 on G703) 5. RETAINAGE: a. % of Cuml~eled Wo~ $ (Column O + E ~1 (3703) b. % of Storm~ MMeflml $ (Column F on G703) To,al R~al~age (Line 5~ + 5b or :Fo{al tn Column I of (3703) ....................... $ 2353.00 6. TOTAL EARNED LESS RETAINA(3E ........... $ 21177 00 (LIn~ 4 lass Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT.. $ 767520 (Line 8 from prior Cedlflcate) 8. CURRENT PAYMENT DUE ....................................... $ 1350t.80 g. BALANCE TO FINISH, INCLUDIN(3 RETAINAGE (Line 3 ~ Line 6) $ 4823.00 CHAN(3E ORDER SUMMARY ADDITIONS DEDUCTIONS To~II changes approved in Prevtotm m~ntha by Olm~* 0.00 000 Tolel mpp~ Ihls Month 0.00 0.00 TOTALS 0,00 0.00 NET CHAN(3ES by Change Ordere 0.00 F CATE FOR PAYME~ C~lon E~ma May 24, 2003 o~lona and l~ d~a c~p~ ~M m~, ~ e~Ef~ to pa~t of t~ AMOUNT CERTIFIED. (Aflach~ e~lan~lon I~ amou~ c~lfl~ dlff~ [~ ~ amou~ appll~ ARCHITECT: By: DMe: Thle C®rllficete le not negotiable. The AMOUNT CERTIFIED ts payable only to the Contrlctor named ~n. Ill~, ~. and accedence of ~e~ are ~ho~ p~ of the O~er ar Cont~or under thl. ~ 8 , 8 8 8 8 ~ 8 8 8 8 8 8 ~ 8 8 8 8 8 8 O~ o 8 8 8 8 8 8 m 0 ~ ~ d DOCUMENT TO CUSTOMER: FTF CONSTRUCTION 523 W. CHOCOLATE AVENUE SWEET 2000 HERSHEY, PA 17033 FROM CONTRACTOR: KEYSTONE METAL BUILDING SERVICES 1~0 SPRING ROAD CARLISLE, PA 17013 CONTRACT FOR: KLINE*S SEPTIC PROJEC T: KLINE'S REP ! lC APPLICATION NUMBER: 3 APPLICATION CATE: 10/lg/01 PERIOC TO: 10/31/01 ARC! II rEC rs PROJECr NO: CONTRACTOR'S APPLICATION FOR PAYMENT Application ia made for payment, as shown below, in connection wtth the Contract. Continuation Sheet, AIA Document G703, Is attached. 1. ORIGINAL CONTRACT SUM ............................. $ 26000 00 2. Net Change By Change Orders ......................... $ 0.00 3. CONTRACT SUM TO CATE (line 1 & 2) ............. $ 26000 DO 4. TOTAL COMPLETEC & STOREC TO DATE ......... $ 2~000 O0 (Column G on G703) 5. RETAINAGE a. % of Completed Work (Column O ~- E on G703) (Column F on G703) TOtal Reislnage (Line 5a + 5b or S. TOTAL EARNED LESS RETAINAGE ................ $ (Line 4 less Line 5 Total) (Line 8 from pdor Csdirmate) 8. CURRENT PAYMENT DUF .............................. $ 2223.00 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 lees Line 5) $ 2~00.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in Previous monthe by Owner 0.00 000 Total approved this Month 0.00 TOTALS 0.00 0.00 NET CHANGES by Change Ordsm 0.00 The undersigned Contractor certlfle~ that to the be~t of the OONtR^CTOR: ' S' ' This Cediflcata is not negotiable. The AMOUNT CERTIFIED Is payable only to Ihs Contractor named herein. Issuance, payment, and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. zZ O0 SHERIFF'S RETURN CASE NO: 2002 04912 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUHBERLAND KEYSTONE METAL BUILDING SVC VS FTP CONSTRUCTION INC OUT OF COUNTY R. Thomas Kline Sheriff er Deputy Sheriff who being duly sworn according te law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FTF CONSTRUCTION INC but was unable to locate Them in his bailiwick. deputized the sheriff of LANCASTER County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 4th 2002 this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 62.77 .00 99.77 11/04/2002 SAIDIS So o . Sheriff of Cunf0erland County SHUFF PLOWER LINDSAY Sworn and subscribed to before me this ~ ~- day of ~ ~L~ A.D. SHERIFF'S OFFIC 50 NORTH DUKE STREET, P.O. BOX 83480. LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 SHERIFF SERVICE PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPIES. PLAINTIFF/S/ 2 COURT NUMBER Keystone Metal Building Services, Inc 02-4912 civil 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT FFF Construction, Inc. Notice and Ccmplaint SERVE { J~re n. Thcme,7~ce president for F~F Construction Inc 5 NAME OF INDIVIDUAL, CO NY, CORPORATION, ETC, TO BE SERVED. 6 ADD~ {~r~t or RFD, Apartment No., City, 8orD. Twp, State and ZiP Code) AT 2271 Ridge Road Elizabethtown, PA 17022 7 INDICATE UNUSUAL SERVICE:~ [] OTHER C~nberland Now, ~ 9 20 02 _ , I, SHERIFF OF ~ COUNTY, PA., do hereby .~gputize the Sheriff of Lancaster County to execute this Wr~r;n thereof e~_ g to law. This deputation being made at the request and risk of the plaintiff. ~ .~=_~-~,_~....~ r~____'~.'''__'C.~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: CY~nberland NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy orattachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such properly before sheriff's sale thereof 9. SIGNATURE of ATTORNEY or other ORIGINATOR DATE ROBERT SAIDIS 10. TELEPHONE NUMBER 11 (717) 243-6222 10/9/02 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). SAIDIS SHUFF FLOWER & LINDSAY CUMBERLAND CO SHERIFF'S OFFICE SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 13 I acknowledge receipt of Ihe wri NAME of Authorized LCSO Deputy or Clerk t 4 Date Received 15 Expiration/Hearing date orcomplaintasindicatedabove,} ANNETTE WALTON (717) 295-3609 10/!5/07 1!/7/n'~ 16. I hereby CERTIFY and RETURN ha have personally served, [] have legal evidence of service as shown n "Remarks", [] have executed as shown n "Remarks",thewritorcomplaintdescn~edon he nd vidual company, corpora on, etc..attheaddressshownabov ' _ potation, etc., at the address inserted be ow by handing a TRUE and ATTESTED COPY thereof e cron the nd v dual, company cDr 17 Q I hereby certify and return a NOT FOUND because I am unable to locale the individual, company, corporation, etc, named above (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) 19 ~qNoSe~ice State and Zip Code) J ~ A ' SO ANSWER. 31 FFIRMED ~);]d ,ub. scri;~ed ,o before r~e this _.-~,'~ ~'~"' J 32 Si natureof SAIDIS SHIJFF, FLOWER & LINDSAY ATrOR~iYS.AT.LAW 26 W. High Street Carlisle, PA Keystone Metal Building Services, Inc., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERI.AND COUNTY, PENNSYLVANIA NO. 02-4912 FTF Construction, Inc., Defendant CIVIL ACTION - LaW TO: Jere L. Thome, Vice President 2271 Ridge Road Elizabethtown, PA 17022 Date of Notice: December 1~, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY' AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Date: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 170'13 (717) 249-3166 SAI Dl'~i S LOWER By: Robed (~. Saidis~, squire Supreme Court ID # 21458 26 West Fligh Street Carlisle, PA 17013 (717) 243-.6222 Counsel for Plaintiff & LINDSAY SAIDIS SHIJFF, FLOWER & LINDSAY A~*AT.LAW 26 W. High Street Carlisle, PA Keystone Metal Building Services, Inc., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4912 FTF Construction, Inc., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this/,_.?FL, day of December, 2002, I hereby certify that I served a true and correct copy of the foregoing Complaint, upon all parties of record via Certified Mail, addressed as follows: Jere L. Thome, Vice President 2271 Ridge Road Elizabethtown, PA 17022 ~hyllis McCoy '- Cz` SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSsATsLAW 26 W. High Street Carlisle, PA Keystone Metal Building Services, inc., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4912 FTF Construction, Inc., Defendant CIVIL ACTION - LAW PRAECIPE TO ENTER DEFAULT JUDGMENT FOR FAILURE TO FILE ANSWER TO COMPLAINT TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiff, Keystone Metal Building Services, Inc. and against the Defendant, FTF Construction, Inc., for failure to plead to the Complaint in this action within the required time. The Complaint contains a Notice to Defend within 20 days from the date of service thereof. Jere L. Thorne, Vice President of Defendant was served with the Complaint on October 25, 2002. Attached hereto and marked as Exhibit "A" is a copy of the Sheriff's Return. Defendant's Answer was due to be filed by November 14, 2002. Plaintiff filed an Important Notice of Intention to Enter Default Judgment on December 13, 2002. Attached hereto and marked as Exhibit "B" is Plaintiff's Proof of Service, which I certify was mailed via cedified mail, return receipt requested to Jere L. Thome, Vice President of Defendant at 2271 Ridge Road, Elizabethtown, Pennsylvania 17022 on December 13, 2002, which is at least ten (10) days prior to the filing of this Praecipe. SAIDIS SHIJFF, FLOWER & LINDSAY ATrORNIIYSeATeLAW 26 W. High Street Carlisle, PA Please assess damages in the amount of $26,000.00 plus interest at the rate of 1- 1/2 percent per month together with costs, being the amount demanded in the Complaint. Date: SAIDIS, SHUFF, FLOWER & LINDSAY J~c~yr~ M. Sl~ith, Esqu~¢e SuCf. Cme Ct. I.D. # 90166 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff SHERIFF'S OFFIC '50 N.ORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-87.00 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN t PLAINTIFF/S/ Keystone Metal Building Services, Inc 3 DEFENDANT/S/ FrF Construction, Inc. SERVE PLEASE TYPE DO NOT DETACH ANY COPIES. t 2 COURT NUMBER , 02-4912 civil TYPE OF WRIT OR COMPLAINT Notice and Ccmplaint NAME OF INDIVIDUAL, COM~_..ANY, CORPORATION, ETC, TO BE SERVED .,,Jere L. Thcme,/~lce president for FFF Construction Inc AO~R~ES"S-rS"IT~Et or-b-FRF~, Apartment No, City, Boro, Twp, State and ZiP Code) 2271 Ridge Road Elizabethtown, PA 17022 AT 7 INDICATE UNUSUAL SERVICE: ,~DEPUTIZE [] OTHER CL~berland Now, October 9 20 02 , I, SHERIFF OffS. ~2R COUNTY, PA., do her~eby~.~.¢putize the Sheriff of Lancaster County to execute this Wr~~turn thereof ac~rdgng to law. This deputation being made at the request and risk of the plaintiff ~ ,-7~'*~,~c~,:,*" -~;"~: ...., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attach ment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9, SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 11. DATE ROBERT SAIDIS (717) 243-6222 10/9/02 12, SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) SAIDIS SHUFF FLOWER & LINDSAY · CUMBERLAND CO SHERIFF'S OFFICE SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ } NAME of Authorized LCSO Deputy or Clerk 14, Date Received 15. Expiration/Hearing date orcomplaintasindicatedabove, ANNP. TT~. WALTON' (717) 295-3609 ! 0./! 5,/0~ I ! ,/7,/02 16 I hereby CERTIFY and RETURN fha .[¥have personally served [] have legal ev dance of service as shown n "Remarks", [] have executed as shown n Remarks',thewritorcomplaintdesc/-ibedon he ndividua~c~mpany~c~rp~rati~n~etc~'attheaddresssh~wnab~ve~t~ntheindividuaLc~mpany'c~r~ poration, afc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. [] I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporalion, etc, named above. (See remarks below) 18 Name and title of individual served (if not shown above) (Relationship to Defendant) J 19 ON•Service See Remarks Below (No. 3C 20 Address of wh ere served (complete only if different th an shown above) (S feet or RFD, Apartment No, City, Boro, Twp. 2 t. Date of Servic< 22 Time State and Zip Code) .1~ 23 ATTE~,,~ Dlte- _.Mil.es De, Int. Date [ M,mes IDep. lnt.[ Date J Miles I Dep. lnt. J Date I Miles I~ep. mnt. I Dar,' M es 'De ', 24. Advance Costs 25 Servc , , i I I .,.Z~-~.-,,¢~ ~ ~ J · e Costs 126. Nota~Cert 127. M,,eage,~ostage/N.F. 2S~Tota, Co~ts 2gCOSTO~O..~U.O ~.,_ ........ _j. 36.50 / / Or.~ '7 "'3 / (.~ "-)'-~ -~ - /; ~--~ ~/./~ r . so ANSWER. 31. AFFIRMED ~l~d sub~scr~ed to before me this ;.~,~/~) ~ ~ / 32. Si nature of ............... ) ......... = ...... ;._2..~7 ~ [ SHERIFF OF LANCASTER COUNTY 30. REMARKS: 36 D'a~e ' SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 20~2-04912 P COHHONWEAhTH OF PENNSYLVANIA: COUNTY OF CUHBERLAND KEYSTONE HETAL BUILDING SVC VS FTF CONSTRUCTION INC R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according te law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FTF CONSTRUCTION INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, te serve the within COHPLAINT & NOTICE On November 4th , 2002 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Lancaster Co 62.77 .00 99.77 11/04/2002 R./ Thomas Sheriff of Cumberland County SAIDIS SHUFF FLOWER LINDSAY Sworn and subscribed to before me this day of A.D. Prothonotary Keystone Metal Building Services, Inc., Plaintiff vi. FTF Construction, Inc., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4912 CIVIL ACTION - LAW PROOF OF SERVICE SAIDIS SHUFF, FLOWER & LINDSAY AITORI~YS.AT*IAW 26 W. High Street Carlisle, PA · Complete items 1, 2, and 3. Aisc complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 1. ,Nticle Addressed to: [] Agent [] Addressee C. Date of Delivery ). Is delivery address different f~xm item 17 [] Yes If YES, ecter deliver'/address below: [] No 3. SO~o Type Er'Certified Mail [] Registered [] Insured Mail Rxpress Mail etum Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-0835 Postage Cedified Fee Return Receipt Fee (Endorsement Required} Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent SAIDIS SHUFF, FLOWER & LINDSAY ATI'ORNEYS*AT.LAW 26 W. High Street Carlisle, PA Keystone Metal Building Services, Inc., Plaintiff Mo IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. FTF Construction, Inc., Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE On this /',.~ day of January, 2003, I hereby certify that I served a true and correct copy of the foregoing Praecipe to Enter Default Judgment for Failure to File Answer to Complaint, upon all parties of record via Certified Mail, Return Receipt Requested, addressed as follows: Jere L. Thome, Vice President 2271 Ridge Road Elizabethtown, PA 17022 Adele Group IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Keystone Metal Building Services, Inc. 1660 Spring Road Carlisle, PA 17013 ( ) Confessed Judgment (X) Other VS. FTF Construction, Inc. cio Jere L. Thome, Vice President 2271 Ridge Road Elizabethtown, PA 17022 TO THE PROTHONOTARY OF THE SAID COURT: File No.: 02:-4912 Amount DUE;: ~r3"2't'l-eg?~ d$2..L, ~ CO0.00 Interest: 1.5% from September 30, 2001 Atty's Comrn: Cost: As determined by Prothonotary 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 1996 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland/Lancaster County, for debt, interest and costs, upon the following described property of the defendants(s). Any and all tangible and intangible personal property situate at 2271 Ridge Road, Elizabethtown, PA 17022. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of (Name of County) 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 personality 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 pendens against real estate of the defendant(s) described in the attached exhibit. Date: February 11, 2003 Print Name: ~lCaclyn"M. Smith, Esq. Address: 26 West High Street Carlisle, PA 17013 Attorney for: Keystone Metal Building Services, Inc. Telephone: 243-6222 Supreme Court ID No.: 90166 Notes: If real property, supply six copies of description including Improvements and an original and copy of affidavit of ownership (PaR. C.P.No. 3129). If lengthy personality list, supply four copies of list. To index writ, file separate Praecipe with writ. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO02-4912 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Keystone Metal Building Services, Inc., 1660 Spring Road, Carlisle, PA 17013 Plaintiff (s) From FTF Construction, Inc., c/o Jere L. Thorne, Vice President 2271 Ridge Road, Elizabethtown, PA 17022 (1) You are directed to levy upon the property of the defendant (s)and to sell Any and all tangible and intangible personal property situate at 2271 Ridge Road, Elizabethtown, PA 17022. (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 attacl~nent 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 DueS26,000 Interest 1.5% from September 30, 2001 Atty's Comm % Atty Paid $176.77 PlaintiffPaid Date: February 13, 2003 L.L.$.50 Due Prothy $1.00 Other Costs (Seal) REQUESTING PARTY: Name Jaclyn M. Smith, Esq. Address: 26 West High Street Carlisle, PA 17013 Attorney for: Plaintiff Telephone: 71%243-6222 CURTIS R. LONG By: Deputy Supreme Court ID No. 90166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KEYSTONE METAL BUILDING SERVICES, INC., Plaintiff, FTF CONSTRUCTION, INC., Defendant. No. 02-4912 NOTICE OF DEFENDANT, FTF CONSTRUCTION, INC. RELIEF UNDER TITLE 11, UNITED STATES CODE TO ALL PARTIES IN iNTEREST: The above captioned Defendant, FTF CONSTRUCTION, INC., has filed for protection under Chapter 7, Title 11, United States Code, on July 14, 2003, in the United States Bankruptcy Court for the Eastern District of Pennsylvania. A copy of the cover sheet of the Petition is attached as Exhibit "A" and incorporated by reference. Pursuant to 11 U.S.C. section 362(a), all actions to continue this litigation are hereby stayed until further order of court. Dated: REESE, PUGH & SAMLEY, PC. Matthew 12. Samley, Est~ire 120 North Shippen Street Lancaster, PA 17602 ~ (717) 393-0671 PA Supreme Court I.D. No. 65442 Attorneys for FTF Construction, Inc. IOfficial Form 1) (t2/02) FOR~ BI United States Bankruptcy Court Eastern District of Pennsylvania Voluntary Petition Name of Debtor (if indiv/dual, emer Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): FTF Construction, Inc. All Other Names used by the Debtor in the last 6 years Ali Other Names used by the Joint Debtor in the last 6 years (include manSed, m~iden, and trade names): (include marrie& maiden, and trade names): Soc. Sec./Tax I.D. No. (ffmore than one, state ail): Soc. Sec./Tax I.D. No. (ff more than one, state all): 25-1742740 Street Address of Debtor (No. & Street, City, Sine & Zip Code): Street Address of Joint Debtor (No. & Street, City, State & Zip Code): 315 South Ninth Street Akron, PA 17501 County of Residence or of the County of Residence or of the Principal Place of Business: Lancaster Principal Place of Business: Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): Location of Principal Assets of Business Debtor 940 Fishburn Road (ifdifferentt¥omstreet address above): Hershey, PA 17033 Information Regarding the Debtor (Check the Applicable Boxes) Venue (Check any applicable box) [~ Debtor has been dom/ciled or has had a residence, principal place of business, or principal assets in this District lbr 180 days immediately preceding the date of this petition or fur a longer part of such 180 days than in any other District. [] There is a bankruptcy case concerning debtor's affiliate, general pur~ner, or partnership pending in this District Type of Debtor (Check all boxes that apply) Individual(s) [] Railroad Corporation [] Stockbroker [] Partnership [] CormmodityBroker [] Other ................................... [] cleanngBank Nature of Debts (Check one box) [] Consumer/Non-Business [5~ Business Chapter 11 Small Business (Check all boxes that apply) [] Debtor is a small business as defined in 11 U.S.C. ~ I01 [] Debtor is and elects to be considered a small business under 11 U.S.C. ,~ l121(e) (Optional) Statistical/Administrative Information (Estimates only) Chapter or Section of Bankruptcy Code Under Which the Petition is Filed (Check on box) [~Chapter7 [] Chapterll [] Chapterl3 [] Chapter9 [--1 Clmpterl2 [] Sec. 304 - Case ancillary to tbreign proceeding Filing Fee (Check one box) [~ Full Filing Fee attached [] Filing Fee to be paid in installments (applicable to individuals only) Mu~ attach signed application tbr the court's consideration certifying that the debtor is unable to pay tee except in installments. Rule 1006(b). See Official Form No. 3. t:> THIS SPACE IS FOR COL~ US~NLY ~ Debtor estimates that funds wlli be available for distribution to unsecured creditors. Debtor est/mates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. 1-15 16-49 50-99 100-199 200-999 1000-ox~r Est/mated Number of Creditors [] [~ [] [] [] [] Estimated Assets $0 to $50,001 to $100,001 to $500,001 to $I,000,001 to $10,000,~01 to $50,000,001 to More O~an Estanated Debts $0 to $50,001 to $100,001 to $500,001 to $1,000,001 ~o $10,000,001 to $50,000,001 to More 0~an $50,000 $100,000 $500,000 $1 million $10 milllon $50 mdlion $1 O0 million $100 miLlion VOLUNTARY PETITION CERTIFICATE OF SERVICE I hereby certify that on the date indicated below, I served a copy of the foregoing Notice of Relief Under Title 11, United States Code, to the person indicated below addressed as follows: Service by First Class Mail, Postage Prepaid: Jaclyn M. Smith, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 REESE, PUGH & SAMLEY, PC Dated: Matthew C. Samley, Esquire ] 120 North Shippen Street // Lancaster, PA 17602 // (717) 393-0671 PA Supreme Court I.D. #65442 Attorneys for FTF Construction, Inc.