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Home My WebLink About97-01853 i I No. Q7. it5J Civil Term t. _. J(,J) ~f +~ (b . .,J: <'- {}. vs. LiJjJ',._ O~4:.4 .- ... Court of Common Pleas Cumbo Co. l \ I I \ i ! i I I \ I ! I I I I I ! i \ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS Old Bernville Road I P.O. Box 14746 Reading, PA 19612-4746 . . . . . . . . Plaintiff, . . . . . . . . . . Civil No. vs. i I WILLIAM F. DOUGHERTY 'Tall Timbers Pocono Lake, PA 18347 Defendant. : . . . . . . : COMPLAINT FOR CONFESSED JUDGMENT Plaintiff, KOHL ROOFING & SIDING COMPANY t/a KOHL BUILDING PRODUCTS by and through its attorneys, SILVERMAN & ASSOCIATES . P.A., hereby brings this action against defendant as follows: 1. Plaintiff is now, and at all times mentioned herein was, a corporation duly organized and existing under the laws of the State of Pennsylvania with its principal office located at Old Bernville Road, Reading, PA 19612-4746 2. Upon information and belief, defendant William F. Dougherty is a domiciliary of the State of Pennsylvania, residing in Monroe County and is the president of Pal-Car Construction Co., Inc. ("Pal-Car"). 3. Defendant executed a business credit application in which he personally guaranteed payment of the account of Pal-Car in order to purchase materials from plaintiff. A copy of the credit application is attached hereto as Exhibit A and is incorporated herein by reference. 4. The instrument attached hereto marked Exhibit A allows I for the confession of judgment against the defendant in the event 'iof default in payment of the account by Pal-Car. 5. Pal-Car purchased materials from plaintiff in the total ,amount of $7,049.95 on open account for which plaintiff has not 'been paid. Pursuant to the credit application, plaintiff is 'entitled to interest in the amount of $581.87 and attorney's fees ., of $1,410.00. 6. The defendant has not paid the amount due, despite ',demand for payment. Therefore, an event of default exists and 'plaintiff is entitled to confession of judgment. 7. Judgment has not been entered on the instrument in any '. other jurisdiction. 8. An itemized computation of the account is attached hereto as Exhibit B and is incorporated herein by reference. 9. The instrument is not more than 20 years old. 10. Plaintiff hereby demands judgment against defendant William F. Dougherty for the principal amount of $7,049.95, interest in the amount of $581.97 and attorney's fees in the amount of $1,410.00. Respectfully submitted, P.A. By: y S. S lverrnan 01 Wisconsin Avenue Suite 650 Bethesda, Maryland 20814 (301) 718-6300 PA Bar No.: 44089 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. d/b/a . . KOHL BUILDING PRODUCTS . . Old Bernville Road . . P.O. Box 14746 : Reading, PA 19612-4746 . . . . Plaintiff, . . . . I " va. . Civil No. . I . . e;;J ~ I WILLIAM DOUGHERTY . qt- I~.') 3 . Tall Timbers . . Pocono Lake, PA 18347 . . ii . ., . ., Defendants. . :, . , !i ITEMIZED COMPUTATION OF AMOUNT DUE FOR CONFESSION OF JUDGMENT BY COMPLAINT !: Pursuant to the authority contained in the warrant of "attorney, a copy of which is attached to the complaint filed in :: this action, I appear for the defendant and confess judgment in favor of the plaintiff and against the defendant as follow: Total: $7,049.95 581.97 1.410.00 $9,041.92 Principal Interest Attorney's fees Interest at 1.5% per month from October 31, 1996 is included ,I pursuant to the Credit Application and Guaranty and Attorney's fees 1 of 20% pursuant to the Credit Application. " KOHL ROOFING & SIDING CO. d/b/a KOHL BUILDING PRODUCTS palcar.itm (SCHEDULES.PA) . SJ.lverrnan orney for Plaintiff . - BUILDING PRODUCTS Old eernvllle Rcad P.O. eox 14746 Reading. PA 19612.4746 21 S - 926.6600 21 S - 926.0606 (FAX) 8USINESS CREDIT APPLICATION Instructions: 1. Fill out top part of form 2. Sign appropriate sections, including back of form 3. Provide financial statement Credit Limit Date of application: '4")1')<:1'-\- Legal Name of Business: VA\ - C ~}, ~S-\ruc....1,....~ ~. Address: ~ 0 k k~ l(~Nn l~Qo.. \ A 1~6q:j Business Phone: ", ld-\b 06cH Fax':" " (.,':l{.. DI'61 torporatio~ Sole Prop Name and Address of Donding Co.: ~~ Nature of Business: ~w \\C"I~Q... C ~~ yJ..< 1'1"1"'. Date Started: \'1bC\ Principals: Full Name Home Addresll I< Phone . Positiorn S~cial Security 1) \\J~'\;A{,(,\ ~.1)o.$~ '(l'\\iM~<& ~Y~l.P,\1o. \"1\("1)(,,<,/,(,,1134 ..J \ I ~ fq ~ So "2ko5 Partnership 2) 3) Supplier Bank (Checking) GUARANTY Comp GUARANTY to Kohl Building Products, hereinafter referred to as the extend cre t to, or otherwise become the creditor of I/WE hereby unconditionally PERSONALLY GUARANTY to the Company the prompt payment, when due, . of every claim of the Company which may hereafter arise against I/WE do also unconditionally PERSONALLY GUARANTY payment of all reasonable costs of collection including but not limited to, twenty percent (20X) attorneys' fees and court costs. This is a continuing GUARANTY and shall remain in full force until revoked by Guarantor by notice in writing to the Company. Such revocation shall be effective only as to claims of the Company which arise out of transactions entered into after the Company's receipt of said notice. This obligation shall cover the renewals of any claims guaranteed by this instrument or extensions of time payment hereof, and shall not be affected by any surrender or release by the Cqmpany of any other security held by it for any claim hereby guaranteed. This GUARANTY is, and shall remain binding upon the heirs, estate representatives, successors and assigns of Guarantor. This GUARANTY is independent of any other guaranty or rights which The may have with respect to the above-noted debt. The Guarantors hereby waive their homestead exemption as well as all requirements or rights with regard to notice, demand presentation or protest in the event of default, and further appoints Joseph T. Kearse, as attorney-in-fact for the purpose of confessing judgement, in favor of Kohl BUilding Products, for VIRGINIA customers in the Circuit Court of Fairfax County, Virginia, for MARYLAND customers in the Circuit Court for Frederick County, Maryland, for PENNSYLVANIA customers in the Circuit Court of Cumberland County, Pennsylvania. for WEST VIRGINIA customers in the Circuit Court of Berkeley County, West Virginia, for NEW YORK customers in the Circuit Court of Orange County, New York, and for NEW JERSEY customers in the Circuit Court of Warren County, New Jersey for the balance, costs, prejudgement interest and attorney's fees, and fur~r ~sents ~immediate execution of said judgement. Signature ~~ Date '1h?/1Y' Signature Signature PLAINTIFF'S I EXHIBIT A(:2I'''- ~ol ') TERMS AND CONDITIONS OF SALE 1. These terms and conditions of sale shall control on all sale., including all direct shipment sales arranged by or through Kohl Building Products. whether or not materials are delivered by or throu~h Kohl Building Products. 2. All orders placed for special order materials (i.o. those materials not kopt in stockl, are final, and require a SOX deposit at time of order, with the balance due upon arrival at Kohl euilding Products. Once a special order is placed and confirmed in writing by Kohl euilding Products, purchaser agrees to accept said materials end make payments in full. RETURNS SHALL NOT BE PERMITTED ON SPECIAL ORDER MATERIALS. 3. On all orders placed for stock, out of stock and special order materials, whore the delivery date is delayed due to a manufacturer shipping error, or any other error, purchaser agreee to hold Kohl euilding Products harmless for any delay and agrees to make and agrees to make payments in full for said goods. 4. All materiale delivered must be examined and inspected by the purchaser andlor his agent or representative upon receipt. For all matnria~s.examined and inspected upop receipt, any claim of shortage and lor damage must be made at time of delivery. Where purchaser and lor his agent . or representative cannot examine and inspect material upon receipt, any and all claims muet be made within three (31 working days of delivery. Any claims made after the. prescribed time period shall not be honored. 5. Stock materials may be returned, if in good condition, with purchaser/e account credited subject to a 15X handling fee. 6. Purchaser acknowledges that any and all decisions as to the return of materials is made AT THE SOLE DISCRETION OF Kohl Building Products, AND MAY BE CHANGED OR REVOKED AT ANY TIME WlTHOUT NOTICE. 7. Kohl Building Products agrees onlv to replace any and all material shipped andlor received in defective condition. B. Purchaser 3grees that his SOLE REMEDY available for any default arising out of the sale andlor use of any and all materials purchased shall be the return of ssid materials purchased for a full refund. Purchaser acknowledges that.no suit will be brought against, or shall include, Kohl euilding Products where either consequential or incidental damages are sought. . . g. Any c13im or controversy shall be settled either, by binding arbitration, or by any court of competent jurisdiction FOR VIRGINIA CUSTOMERS, IN TNE COMMONWEALTH OF VIRG1NIA, FAIRFAX COUNTY, FOR MARYLAND CUSTOMERS, IN THE STATE OF MARYLAND, FREDERICK COUNTY, FOR PENNSYLVANIA CUSTOMERS. IN THE COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY, FOR.NEW JERSEY CUSTOMERS, IN THE STATE OF NEW JERSEY, WARREN COUNTY, AND FOR NEW YORK CUSTOMERS, IN THE STATE OF NEW YORK, ORANGE COUNTY. On all dtsputed matters Sellers agree to pay KOHL BUILDING PRODUCTS' attorneys fees, costs and disbursements. 10. On all matters referred by Kohl Building Products to their attorneys for collection, purchaser agrees to pay 20X of the total sale price or the actual amount billod, whichever is greater, for attorneys/ fees, plus costs and disbursements. 11. PURCHASER AGREES THAT Kohl Building Products SHALL NOT BE RESPONSleLE FOR ANY MANUFACTURER OR SHIPPING DEFECT. Purchaser further agrees to hold Kohl euilding Products harmless for any manufacturer or shipping defect and for any injury to person or otherwise due to said defects. 12. Kohl Building Products makes NO WARRANTIES express or implied, including without limitation, WARRANTIES AS TO MERCHANTABILITY, OR AS TO FITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall not be liable for any loss or damage directly or indirectly arising from the use of such materials. Further, all MATERIALS ARE DELIVERED 'AS lS' AND 'WITN ALL FAULTS'. Any contradictory statement made by an employee of Kohl euilding Products, shall have no effect or bearing, and the terms contain herein shall control. 13. TITLE FOR ALL GOODS ANDIOR MATERIALS REMAINS WITH Kohl Building Products UNTIL PAID FOR IN FULL BY THE PURCHASER. Should purchaser take action under Title 11 of the United States Code, or take any other action to avoid making payment in full, purchaser agrees to promptly return any materials not paid in full. Purchaser agrees to keep the materials fully insured until paid for in full. 14. The RISK OF LOSS of any goods and/or msterials shall pass to the purchaser as soon a. .aid goods and lor materials are delivered to purchaser at its place of business or any other place specifically designated by the purchaser for the delivery. 15. Purchaser agrees that any account thirty (30) days past due shall be charged 1.5X per month interest on the unpaid balance, laX per annum. 16. In the event the purchaser is a corporation, partnership, any other legal entity, the individual or individual whose signature appears hereon agree to and do personally guarantee payment for any and all materials sold to the above-named entity. Purchaser acknowledges that he has read and AGREES TO ALL OF ABOVE TERMS AND CONDITIONS OF SALE. ~ ~/. ,^'\"\\:",,,, f.D"\A~.."t/ Signature Name (Print) fiil'lnatllr~ tI,1mn (Jlr1 nt ) !t: ~ ~~O\. ,:, ~ ~~ & ~ \...r ~ . ~ ~~~~~ ~ ~~ ~~ v ): n \.0 ~ C' -.J -'. , ~. -r' . -;4 (OJ:. 'J " -J ,,','1] ~. . ,- I ...m (:; '.D "'1~ .,- ~ ~: , ',) :~ JUJ r .' ',.-j ': " t:? !,;") " ,jm - , " .-:.. ", ,~ CO :-'J -< , V 1 ! . ~ I '1 i n LD 0 ~... -J ." :;- -, "'t ." . 1 ~5J rt:, '0 .1r~ , , I "'In (,.'J ." ';\~ -,' . "Ie r:.; -n " "j ..,:-- - ., r:-."l if) - .;.~ . ~~ ',111 ,., ''0 . 'n ., IX) :<