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Home My WebLink About01-04665 LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. Robert L. Knupp Robert D. Kodak CAMERON MANSION Robert E. Knupp 407 NORTH FRONT STREET (1909-1976) Gary J. Imblum POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Robert H. Maurer Of Counsel Telephone: 717/238-7151 (7923-1995) Mark A. Mateya Facsimile: 717/238-7158 email: kki.law@verizon.net June 13, 2003 WILLIAM C KOLLAS ESQUIRE, CHAIRMAN KOLLAS AND KENNEDY 1104 FERNWOOD AVENUE CAMP HILL PA 17011 RE: Mohawk Factoring, Inc., a subsidiary of iViohawk Industries, Inc. VS: Michael Paoletta, i/a/t/a Mike Lynn Enterprises, USA Carpets, Inc. and USA Carpets No. 01-4665, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 26532 Dear Bill: This matter is set for an Arbitration Hearing on Monday, June 23rd at 2:00 p.m. I am pleased to advise that I have reached a settlement with the Defendant. Attorney David Brady, who now represents the Defendant, will be entering his appearance forthe purpose of entering into a Stipulation of Settlement and filing same with the Prothonotary. I am therefore requesting that the Hearing set for Monday, June 23rd be canceled and the file be returned to the Prothonotary's office. I am copying the other Arbitrators with this letter as a courtesy, as well as Mr. Paoletta c/o David Brady, Esquire. If anything further is needed, please let me know. Very truly , KN O < & M, P.C. Robert D. Kodak robert. kodak@verizon. net RDK/slm cc James K. Jones, Esquire Marylou Matas, Esquire David S. Brady, Esquire Court Administrators Office Andy Butcher, District Manager Financial Adjustment Services, Inc. #104001736 ~~ MOHAWK FACTORING, INC., ~rSu~ idiary IN THE COURT OF COMMON PLEAS of MOHAWK INDUSTRIES, PNE. .CUMBERLAND COUNTY, PENNSYLVANIA Plaihtif~~ v. NO. 01-4665 CIVIL MICHAEL PAOLETTA, Individually and and Trading As MIKE LYNN ENTERPRISES, USA CARPETS, INC. and USA CARPETS Defendant RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantially to the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Robert D. Kodak, Counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $5,601.90 + Interest. The counterclaim of the Defendant in the action is $none. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as Arbitrators: Robert D. Kodak, Esquire, Knupp, Kodak & Imblum, P.C. and/or n/a WHEREFORE, your Petitioner prays Your Honorable Court to appoint three (3) Arbitrators to whom the case shall be submitted. i''~ Robert D. Kodak Attorney I.D. No. 18041 ORDER OF COURT AND NOW, ~~~^~~~/~ "`200L, in consideration of the foregoing Petition, Esquire, ,Esquire and .squire are appointed Arbitrators in the above-captioned action By the Court, J. c ~ Q=~ ld_C„` ~,' ~~ L ... ~-:_. -- C\i 7~ ~_ ~: ~~' ~- C,J p ~ FLU x7 ~ . ~ ~ U .1^ ~~ ~ ~ ~~ ~ ~'d C ~~ ._ '~ ._~ =:; : p -.c - ~.-. _. ., _p ~ ~ c~ 'c -~ ~- ` p~ ~, r ? ; 7 '~ ~} "~` LAW OFFICES OF KNUPP, KODAK & IMBLUM, P.C. Robert L. Knupp Kodak Robert D CAMERON MANSION Robert E. Knupp . 407 NORTH FRONT STREET (1909-1976) Gary J. Imblum POST OFFICE BOX 11848 HARRISBURG, PA 17108-1848 Robert H. Maurer Of Counsel Telephone: 71 712 3 8-71 5 1 (7923-1998) Mark A. Mateya Facsimile: 717/238-7158 email: kki.law@verizon.net December 10, 2002 ATTENTION DAWN KOLLAS & KENNEDY 1104 FERNWOOD AVENUE 1ST FL CAMP HILL PA 17011 RE: Mohawk Factoring, Inc. VS: Michael Paoletta, i/a/t/a Mike Lynn Enterprises, U.S.A. Carpets, Inc. and USA Carpets No. 01-4665, Court of Common Pleas Cumberland County, Pennsylvania Our File No. 26532 Dear Dawn: Back on August 15, 2002 we indicated to you that we were trying to get the above arbitration case settled but we have been unable to do so. Please give us a date, sometime in March or April, that this case can be arbitrated. Thank you for your attention to this matter. Very truly yours, KNUP D BLUM, P.C. Robert D. Kodak robert. kodak@verizon. net RDK/slm cc ANDY BUTCHER DISTRICT MANAGER FINANCIAL ADJUSTMENT SERVICES INC 4010 DUPONT CIRCLE STE 401 LOUISVILLE KY 40207 #104001736 DAVID S BRADY ESQUIRE 4 CENTRAL BOULEVARD CAMP HILL PA 17011-4207 _ ,+ CASE NO: 2001-04665 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOHAWK FACTORING INC ET VS PAOLETTA MICHAEL ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PAOT,ETTA MICHAEL the DEFENDANT at 0010:16 HOURS, on the 9th day of August 2001 at 1771 SOUTH MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to MICHAEL PAOLETTA 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 6,50 Affidavit ,00 Surcharge 10.00 .00 34,50 Swoxn and Subscribed to before me/~this ~~" day of l 1.. ~... <.f' „2.00 / A . D . ~ ~~ a `~..~.. r thonotary So~''Answers I. ~.r' ~ R. Thomas Kline 08/10/2001 KODAK & IMBLUM By.Deputy/Sheriff A SHERIFF'S RETURN - REGULAR -.y, CASE NO: 2001-04665 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOHAWK FACTORING INC VS PAOLETTA MICHAEL ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PAOLETTA MICHAEL T/A MIKE LYNN ENTERPRISES USA CARPETS INC & the DEFENDANT at 0010:16 HOURS, on the 9th day of August 2001 at 1771 SOUTH MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to MICHAEL PAOLETTA 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this jG ~ day of 1~~~ 37ry/ A.D. - ~,. ~~ n, Qp~ Prothonotary So Answers: R: Thomas Kli~~~~ 08/10/2001 KODAK & IMBLUM Deputy Sheriff~~ :: MOHAWK FACTORING, INC., A Subsidiary ofMOHAWK INDUSTRIES, INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4665 CIVIL MICHAEL PAOLETTA, Individually and Trading As MIKE LYNN ENTERPRISES, USA CARPETS, INC., and USA CARPETS Defendant :CIVIL ACTION -LAW NOTICE OF HEARING YOU ARE HEREBY NOTII'IED that the undersigned azbitrators appointed by the Court in the above captioned matter will meet for the purpose of their appointment on the 23rd day of June, 2003, at 2:00 p.m. in the 2°"Floor Hearing Room of the Old Cumberland County Courthouse, Carlisle, Pennsylvania, at which time and place you may appeaz and be heard, together with your witnesses and your counsel, if you so desire. PARTIES WISHING TO ARGUE LEGAL POINTS WILL BE EXPECTED TO HAVE COPIES OF CASES, STATUTES, ETC. WITH RELEVANT PORTIONS HIGHLIGHTED FOR EACH ARBTTRATOR AND OPPOSING COUNSEL AT THE COMMENCEMENT OF THE HEARING. ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONTACT ALL PERSONS AS TO AN AGREEABLE DATE, PROVIDE WRTTTEN NOTICE TO ALL PERSONS AND RESERVE PLACE OF HEARING. ~i~~'y~~~~~ Dated: (0~3~03 William C. Kollas, Esquire, Chairman cc: Robert D. Kodak, Esq. Michael Paoletta James K. Jones, Esq. Marylou Matas, Esq. `7~Y,vt OCT 17 20t~~"~~~(~~~. 746- gSS6 -~~~/it~~-.~iSccx~Ficy - /hrS c.~s a ~L s~~ L~.L ~~~.d y ~ , ~~~ ~~ o~~ ~~~,.~ ~~ ~~v~ . ~_ .U~~~xLcs .uoc~.~ c~,t'Srnt sS . ~~ '~ MOHAWK FACTORING, INC., A Subsidiary of MOHAWK INDUSTRIES, INC. Plaintiff v. ~i~;~' :1. ~ 200?V` PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. 01-4665 Civil Term MICHAEL PAOLETTA, Individually ,DEMAND FOR PRETRIAL and Trading As MIKE LYNN DISC ENTERPRISES, USA CARPETS,INC. and USA CARPETS Defendant ------------------------------------------------------------------- Please find attached Demand for pretrial Discovery for Pretrial pursuant to Pennsylvania Rules of Civil Procedure 4003.1. Answers to Demand for Pretrial discovery and delivery of document[s] are required within Thirty [30] days upon receipt of this Demand at the location off Michael Lynn Paoletta, 1771 South Meadow Drive, Mechanicsburg, Pa. 17055 ~3 m~P Date: September 3~', 2001 Signed Without Prejudice by Michael Lynn Paoletta i_ Pretrial Discovery Pretrial Discovery is hereby made to the Robert D. Kodak, attorney for MOHAWK FACTORING, INC. A Subsidiary of MOHAWK INDUSTRIES, INC. to supply answers to the following questions and to furnish true and accurate copies of document[s] to the Defendant MICHAEL PAOLETTA, This information is required to assist in making a meaningful defense, since I do not understand the nature of the cause of action of the complaint brought forth by the plaintiff. OBJECTIONS Objections to all or any portion of an interrogatory shall be set forth with specific sufficiency to allow the Defendant propounding these interrogatories to understand the exact scope of and reason for the objection. Where an objection relates to only a portion of the information requested in an interrogatory, other information not within the scope of said objection shall be provided. Words and phrases used in these interrogatories that are not specifically described below shall have the meaning that is common and not necessarily that of legal terms;i.e., Person shall be construed to include a man or woman. and other word or terms used in these interrogatories that are not specifically defined below shall have its ordinary and customary meaning and usage. INTERROGATORIES 1. Identify each and every person involved in any way in answering these interrogatories. 2. Identify the person in charge of the Mohawk Factoring Account? 3. Tdentify 'the person from MOHAWK FACTORING, INC.who retained attorney? [Kodak] 4. Provide the day/month{year that alleged borrower agreed and was approved for credit? 5. Did MOHAWK FACTORING;INC. provide full disclosure of the alleged credit? 5. Does MOHAWK INDUSTRY, INC. or any of its Subsidiary guarantee that there were no alterations to any agreements? 7. Does MOHAWK INDUSTRY, INC. guarantee that there was no conversion of the alleged agreement after the alleged borrower signed the alleged agreement? Page 1 of 3 ,~- m ~~~ 4 ~ ~ $. Did MOHAWK FACTORING, INC. require the alleged borrower to repay the one that provided the capital that funded the credit? 9. Did MOHAWK FACTORING, INC. guarantee that the alleged borrower would not be providing any. capital, funds, money or money equivalent, that MOHAWK FACTORING, INC. OR ANY OTHER FINANCIAL INSTITUTION WOULD USE TO FUND THE CHECK OR SIMILAR INSTRUMENT? 10. Did MOHAWK FACTORING, INC. require the alleged borrower to repay the alleged loan using the same species of money or credit that MOHAWK FACTORING, INC. used to fund the alleged loan, credit line, check or similar instrument? 11. Did MOHAWK FACTORING, INC. advertise that MOHAWK FACTORING, INC. would extend credit to alleged borrower using MOHAWK FACTORING, INC. to fund the credit line or loan? 12. Was MOHAWK FACTORING, INC. required to use a check or similar instrument to purchase the alleged borrower's Promissory Note? 13. Does MOHAWK FACTORING, INC. agree that the term "interest°' is construed to mean the amcunt paid to attract depo~.it funds or a finance change for money or credit loaned to a borrower? 14. If the answer to "13" is in the negative, please explain how MOHAWK FACTORING, INC. construes the meaning of the term "int.erest" . 15. Does MOHAWK FACTORING, INC. charge interest on the credit line or loan agreements and if so, does the interest represent a fee for lending andlor extending the loan or credit line. 26. In order for MOHAWK FACTORING, INC, to loan or extend to a borrower, does someone have to deposit an asset prior to the loan or credit? 17. List every species of money that MOHAWK FACTORING, INC. records as an asset. 18. According to MOHAWK FACTORING, INC. what is credit? 19. Was it the intent of the alleged agreement for the alleged borrower to provide money or money equivalent that MOHAWK FACTORING, INC. would use to fund the credit line or loan? 20. Was it the intent of the alleged agreement for MOHAWK FACTORING, ZNC. to provide MOHAWK FACTORING, INC.'s money, money equivalent, capital funds or thing of value to purchase the promissory note or loan/credit line papers from alleged borrower? Page 2 of 3 a ~ K ' ~ 21. Does MOHAWK FACTORING, INC. allow the alleged borrower to make payments on the alleged account to any party that did not provide the capital that funded the alleged credit line or loan? 22. Does MOHAWK FACTORING, INC. follow Generally Accepted Accounting Principles as required by law? 23. Please identify each and every person whom you expect to call as a witness at trial in this matter, and for each person so identifiecA, please state whether that witness will testify as a witness to the complaint or as an expert, or both. 24, For any experts you intend to call at trial, please state: a. The name and address of each such experts witness; b. The subject matter as to which each such expert witness is expected to testify; c. The qualifications of each such expert witness. 25. Set forth a summary of the grounds for each opinion to which each expert is expected to testify, including any textual material on which the expert witness will rely. Identify all such texts, materials or publications, including the name, author, edition and page reference. REQUEST FOR REPRODUCTION OF DOCUMENTS AND INFORMATION TO PREPARE FOR SUBPOENAS Please furnish the following document: 1. A certified. copy front and back of each and every page of the alleged agreement including, but not limited to the page allegedly signed by alleged borrower. 2. The name and address of MOHAWK FACTORING, INC.'s CPA auditor. 3. Copies of MOHAWK FACTORING INC.'S CPA audit reports from the last 3 years. Page 3 of 3 ~.,.~~ Y ~tl i .r r cn v r ~ -- t «r'- -n ~ z -?.: : . i.;_ !- to - ,=: c..; - ,_.,~. i> i -~ ~ -` = i- ~ y - ~_ .. -_ c ==i :..J l-' ru'3 as;.. iU ,~" ~ !SGT ~ ? 2QQ~y.~ MOHAWK FACTORING, INC., A Subsidiary of MOHAWK INDUSTRIES, INC. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL PAOLET'PA, Individually and Trading As MIKE LYNN ENTERPRISES, USA CARPETS,INC. and USA CARPETS Defendant N0. 01-4665 Civil Term ANSWER a a A N S W E R The Defendant, MICHAEL PAOLETTA, Individually and Trading As MIKE LYNN ENTERPRISES, USA CARPETS,INC. and USA CARPETS acting as my own attorney hereby answer the Plaintiff's allegations. ANSWER COUNT 1 1. Agreed 2. Denied. All capital letter name is a misnomer and is not recognized by myself. 3. Denied. I have no records to show these amounts. 4. Denied. 5. Denied in part. Mohawk Industries, Inc. owes defendant $2840.00 for samples that were never picked up. Mohawk Industries owes Defendant $5,000 for failure to ship carpet when ordered. 6. Denied. Defendant discussed terms with Donna Jones, about picking up samples and failure to ship. 7. Denied. 8. Denied. 9. Denied. Defendant offered to hand deliver samples to warehouse and was told that salesmen would come by to pick up samples. d ~ I~t ~° ANSWER COUNT 11 MOHAWK FACTORING, INC., A Subsidiary of MOHAWK INDUSTRIES, INC. vs. MICHAEL PAOLETTA, Individually 10. Denied. 11. Denied. The application [exhibit c, and improperly marked] and the terms have been altered with out my consent. 12. Denied. 13. Denied. 14. Denied. 15. Denied. WITH EXPLTCIT RESERVATION OF ALL RIGHTS WITHOUT PREJUDICE. 13 Pa. C.S. 1207, C.S.3501 [3J, C.S. 3415 [b] M~~~1 LynD,,,Pao tta vi ~ c --~"~ L w ~~ .. - __ - ' ~ . .. _ ~a}xi~t a4. 4, ,xx~~ 'e~imn nta'wae s,.a~r+~~ Y ~i~,~+~+'N~.wr ~ .., ~~, MOHAWK FACTORING, INC., A Subsidiary of MOHAWK : IN THE COURT OF COMMON PLEAS INDUSTRIES, INC. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. O I `~ ~`~ ~W ~ 1. ~~e~'L MICHAEL PAOLETTA, Individually and Trading As :CIVIL DIVISION -LAW MIKE LYNN ENTERPRISES, USA CARPETS, INC. and USA CARPETS Defendant NOTICE YOU HAVE BEEN SUED EV COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT I1ND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAII. 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 TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 MOHAWK FACTORING, INC., A Subsidiary of MOHAWK : IN THE COURT OF COMMON PLEAS INDUSTRIES, INC. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. ~(. -» 4L4•~ Cbt~6 y~ MICHAEL PAOLETTA, Individually and Trading As :CIVIL DIVISION -LAW MIKE LYNN ENTERPRISES, USA CARPETS, INC. and USA CARPETS Defendant COMPLAINT The Plaintiff, MOFIAWK FACTORING, INC., A Subdivision of MOHAWK INDUSTRIES, INC. by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of FIVE THOUSAND, SIX HUNDRED ONE DOLLARS AND NINETY CENTS ($5,601.90), along with interest thereon from January 11, 2001 upon a cause of action of which the following is a statement: The Plaintiff, MOHAWK FACTORING, INC., is a Subsidiary of MOHAWK INDUSTRIES, INC., which, is a corporation organized and existing under the laws of the State of Delaware, having an office and place of business at 235 Industrial Boulevard, Chatsworth, Georgia 30705. 2. The Defendant, MICHAEL PAOLETTA, an adult individual, is now or formerly was trading and doing business as MIKE LYNN ENTERPRISES, USA CARPETS, INC. and USA CARPETS and has an address at 1771 South Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. F:\USER\BONNIEJO\COMP\ WORK\26532. WPD:06Jun01 COUNTI MOHAWK FACTORING. INC.. A Subsidia~ of MOHAWK INDUSTRIES. INC. vs. MICHAEL PAOLETTA. Individually and Trading As MIKE LYNN ENTERPRISES. USA CARPET. INC. and USA CARPET On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs Statement hereto attached, mazked as Exhibit "A" and made a part hereof, Plaintiff, at the special instance and request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of Five Thousand, Four Hundred Eighty-Three Dollazs and Eight Cents ($5,483.08). 4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and mazket prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff therefor. Defendant become entitled to certain credits against the charges aforementioned, as more particularly shown on Exhibit "B" attached hereto and made a part hereof, to the total amount of Eight Hundred Sixty-Six Dollars and Seventy-Six Cents ($866.76). 6. The balance due and owing by Defendant to Plaintiff is the sum of Four Thousand, Six Hundred Sixteen Dollazs and Thirty-Four Cents ($4,616.34). Due to Defendant's default in payment of said amount due and owing as aforesaid, interest has been added to said account in the total amount of Fifty-One dollars and Eighty-Three Cents ($51.83). 8. The total balance due and owing by Defendant to Plaintiff is the sum of Four Thousand, Six Hundred Sixty-Eight Dollars and Twenty-Five Cents ($4,668.25). F:\USER\BONNIEJO\COMP\WORK\26532. WPD:06Jun01 9. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant, despite repeated promises, has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FOUR THOUSAND, SIX HUNDRED SIXTY- EIGHT DOLLARS AND TWENTY-FIVE CENTS ($4,668.25), together with interest thereon from January 11, 2001. COUNT U MOHAWK FACTORING. INC.. A Subsidiar~of MOFIAWK INDUSTRIES. INC. vs. MICHAEL PAOLETTA. Individually 10. Plaintiff incorporates Paragraphs 1 through 9 hereinabove as if fully and at length set forth. 11. On or about Apri120, 1999, Defendant did complete and execute Plaintiff s Credit Application and Personal Guazantee. A true and correct copy of said Credit Application and Personal Guarantee is attached hereto, marked as Exhibit "D" and made a part hereof. 12. Due to Defendants', USA Carpets, Inc. and USA Carpets, failure to pay the account as set forth in Count I hereinabove, Defendant, Michael Paoletta, Individually, pursuant to the terms and conditions of Exhibit "C" herein, is liable for all monies due and owing on account. 13. Further, Due to USA Carpets, Inc. and USA Carpets, failure to pay the account as set forth in Count I hereinabove, Defendant, Michael Paoletta, Individually, pursuant to the terms and conditions of Exhibit "C" herein, is liable for attorney's fees, which have been added to said account in the amount of Nine Hundred Thirty-Three dollazs and Sixty-Five Cents ($933.65). 14. The total balance due and owing by Defendant to Plaintiff is the sum of Five Thousand, Six Hundred One Dollars and Ninety Cents ($5,601.90). F:\USER\BONNIEJO\COMP\W ORK\26532. W PD:06Jun01 15. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant, despite repeated promises, has refused and neglected and still refuses and neglects to pay said amount of any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE THOUSAND, SIX HUNDRED ONE DOLLARS AND NINETY CENTS ($5,601.90), together with interest thereon from January 11, 2001. Respectfully submitted, KNUPP, KOD IMBLUM, P.C. 6 Robert D. Kodak ~--~. 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717)238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\BOI~I\TIEJO\COMP\WORK\26532. WPD:06Jun01 ;,. # STATE OF C~t'ara.. COUNTY OF -~~rCL2u BEFORrRE me, the undersigned authority, on this day personally appeazed Ct1P.~ Def72Q~U ,/known to me, who being duly sworn upon oath deposes and says that helshe is t~jp1Y~T/~t2~ ~C~C?1r.5f and duly authorized agent a corporation duly incorporated and existing under the laws of the State of ~e~,(G, , a partnership consisting of owned and operated by residing in the County of a sole trader State of and that as such makes this affidavit, that he/she is familiar with the books of said corporatio artnership (circle one) or sole trader; that the attached account against constituting this cause of action, is taken from the original book of entry, and is just and true within the knowledge of this affiant; that all just and law~rfu'~l o"~ffsets, payments, yan''d credits have been allowed and that the sum of ~t"~~ ~1C4.' f1Ul~ .llt`~M ~ ~ dollars ($ 4{ ~` ~p1r~°I ) plus interest computed at % from is due, owing, and unpaid and that demand for payment has been made more than thirty (30) days prior hereto and no pavment has been reoeiyed.~') ~` (Affiant) U Subscribed and sworn to me this ~dayaof ~Gt,1 Gi. ~! _2,0~C~ ~/~ Notary Public in and for the County and State herein before written My commission expires /?JUt~~t 220 ~[ Qe ~ayo.,li. S~ ~~, , Notary must PRINT name (Trade name of company) ~// MOHAWK INO USTAIES, ING ACCT NBR: 562948 8/24/00 PAGE: 1 U 8 A CARPETS INC ATTN: MSCua>. r• PAOI,ETTA DEPT, 1771 S. MEADOW DRIVE MECHANICSBURG PA 17055 DEAR MICKEY, Below is a listing of all outstanding items oa your account. Please let me know if you have any questions, DOC NHR TRAN DOC DATE DUE DATE ORSG ITEM AMT ITEM BALANCE C5686640 INV 7/03/2000 8/03/2000 6420.00 4920.00 USD C6214401 INV 8/11/2000 9/10/2000 443.17 443.17 USD M6105512 C/M 8/03/2000 8/04/2000 300.00- 300.00- IISD 55712784 INV 7/06/2000 8/05/2000 119.91 119.91 IISD TOTAL BALANCE: 5183.08 SINCERELY, DONNA SONES ANALYST TEL: 800 427-4900X20230 FAX: 706 517^2365 E7C FINANCIAL SERVICES DEPARTMENT P. D. BOX 800 ~ 235 INDUSTRIAL BLVD ~ CHATSWORTH, GA 30705 ORIGINAL INVOICE •D.U.N.S 00-333-7136 .ALADDIN MILLS DIV/SUBS OF MOHAWK CORPORATION ' PO BOX 12069, S. IND. BLVD CALHOUN, GA 30703-7002 U S A CARPETS INC 1771 S. MEADOW DRIVE MECHANICSBURG, PA 17055 S U S A CARPETS INC a L 1771 S. MEADOW DRIVE _D MECHANI CSBURG, PA 17055 T 6 INTEREST CHARGED FOR LATE PAYMENTS THIS INVOICE IS TO BE PAID IN FUNDS SPECIFIED. CONTINUING GUARANTY UNDER THE TEXTILE FlBER PRODUCTS IOENTIFlCATION ACT FlLEO WRH THE FEDERAL BADE COMMISSION, .g U S A CARPETS INC :H 1771 S. MEADOW DRIVE P MECHANICSBURG, PA 17055 T 6 ' PLEASE INSPECT THIS MERCHANDISE. MILL WILL NOT HONOR ANY COMPLAINTS ON V1518LE DEFECTS AFTER MERCHANDISE HAS BEEN CUT OR INSTALLED. • ALL CLAIMS FOR SHORTAGE OR DEDUCTION MUST 8E MADE WITHIN FlVE DAYS AFTER RECEIPT OF GOODS. • NO GOODS MAY 8E RETURNED FOR CREDIT UNLESS AUTHORIZED BY CLAIMS DEPARTMENT IN WRITING. 'ALL CLAIMS FOR GOODS LOST. STOLEN OR DAMAGED IN TRANS(i MUST BE MADE AGAINST THE TRANSPORTATION COMPANY. • THIS SALE IS SUBJECT TO SELLERS TERMS, CONDRIONS AND CLAIMS POLICY. 'ALL ORDERS FOR GOODS AAE SUBJECT TO AUTHORIZATION AND FINAL APPROVAL BY CORPORATE HEADQUARTERS. aaL';GF 6,AUING No; 0000000 9/05/00 ~, RounnG' HA7 HARRISBURG DAILY MO ;;.:;~ TEC ORD,NO'a; ~~ ~ ' USTOMER NO. ":' ~CUSFOMER~ ORDER NO .',":". SLS.NO. BY' PROM TEAMS """' '" ' STORE NO. '~ 562948 OS 698 NET - CREDIT MEMO 00000 I ~~ PRODUCT'. DESCRIPTtOty''~'~.'~ ROLL NO..';; WIDTR '°' A:ENGTFt 'OUANnTY:':"" UOM'~ 'pRICE~""~ 'GC: °:''°•.~AMOUNT '~'" ~ *** INTERNAL CREDIT APPLIED TO YOUR OPEN INVOICE *** DO NOT USE *** j ////// CHARGE 10Fa ////// , CONTROL# 2339827; PRICING; 602-PRICING ERROR; REF INV 5686640 07/03/00; DEBIT# 0008874159 07/03/00; CLAIM# 39232 08/15/00; '~ R 434 A NETWORK2 40827647 12 00 167 06 223.33 SY 1.08 X1 241.20 ' 394 CRANBERR R 434 A NETWORK2 85587328 12 00 167 06 223.33 SY 1.08 X1 241.20 394 CRANBERR R 434 A NETWORK2 40827654 12 00 128 11 171.89 SY 1.08 X1 '185.64 394 CRANBERR R 434 A NETWORK2 40827659 12 00 138 00 184.00 SY 1.08' X1 198.72 394 CRANBERR *** SUHTOTAL 802.55 SY $866.76 CR EX~BIT I PAR FVNDS (U.S. DOLLARS) CUSTOMER NO: 562948 U S A CARPETS INC INVOICE NO: M6520698 9/05/00 A MOHAWKDFACTORIDIG, INC. INVO ICE TOTALS AND DISCOUNT INFORMA TION PO BOX 91157 CHICAGO, IL I ~ MERCHANDISE ~.; FREIGHT' ~" " SALES'TAX ~ " OTHER"'"'""' tNVOIOE .TOTAL :~. 60693-1157 866.76 866.76 COMMENTS OR SPECIAL INSTRUCTIONS: :t*************:tt**k*****•:t:****~.t *:t* *** THIS IS A CREDIT DO NOT PAY *** ****.****.*****:************ext**** DISCOUNTS ALLOWED ON MERCHANOfSE ONLY. 866 .76 i ~ _.. f F -a, , ~ ' - u ~~f ~~ 'S' t ~:'~k''Tq ~+OP~ '.~EaEik'W~+. C.4Pnx:' t.~:.~`1 1.NCi.Cr7}I1Vzi :T~i. tSIViBIi3i+tS A?4Ti SiJ~u'r'SL4A:~5 ~ a?~i,icATac~ nt~.°°s'r 13~ coMi=~~:~~~z ark .ccoLw'r ~~ ' '" xlraaruca.-_ ~"~ ~ i .~.~~ _ _,; kL~%~. ~Cr'w -, ~ ~,rcir ~C~ r ~. rFACL 5?`"~ .... G tI.;'-'C wuD0.L2 ~/1.~Do W/ ~~ -'uL:W.ION! (7J1J; 7~D.O..T'ff ~.C ( i ' Jr l:e 'T--~_ p1YNF,RS/r,~'j~ ;{once n;wnr,_,~_{,L__ d0 •~_•vL••LC_ a ul _ ssr/ 9(, -3~~ j n tm~err t.iaaeee e r 5 _ ~.3 3 ~.5'% Q' 'mow ;~ ~~~. r~~JJ ~~~ .'r.Y ~~S-Ts CG1i~£:TISf~f,f"A,€~ fw€~A~$r~ ~~r. sicn~a~,F*~ rrs s~a~~T~ To ~IZC~e~s. ~~~~ ~w .. . - - Camuae __ _ ^ T~ xme. asinine Te4phoaet ss+_,~ tirmre. 'F.RFN!'Eo ~~ ~ fl ° ~__ err. wux a __ ,~ - 4 ~.~_._ Cvcun N+me__~r cAL • ~ _.._ -T s,n~,r;,~ S,rciznr A~arMd_,-_,_•_Il r+x, dare >va.I.Ne TRADF ~~,~rs> a non> ~P:7~ C'~-~-~J~T•S ~ IJS~ ~ g , r~~r CJ.AS~~ ~LrG _ Adbs:x AtNeu .+~~ ~ r1 Giyfenir(/ip Cay/54s/f ~ lvl.~'!">!zi..J R;gxenFacf( / 4lccsomrFtati )___ _-_ _ nccavn a Av'leu4 r 4 N.me_ \l.(OFZ.t,.D ~xe.t~~rr,> --_ D. H.~ r'A~QS ~l~'1 Q~/'F(~ cryrsutwP _. aMSuvrup McCHA-r/FL.SBJ!-P!, ~ yg-. _ Tr~ivxFss . ( )__, Tk1rPDecarFv a r ) Actwnl • ~ Aetau4 • ~. 1$EREHY A[R'H081ZE Moi3.aaWK CARPET CORPORATION IA[CL(3IIWG Z!S DIS'T9IGN5 AND/OR 99S9IDURIE9 TO CON- TACT THE ABOVE LJ9T£D 6ANK a*III TR,anE REF£RRNCFS A,ND FOR SAME TO RELEASE CREDIT INFORULATION TO THEM AS PART OF THEY NORMAL CREDIT W VFS'TIGAITON. TERMS & CONIIITION9: wLL OdtDE)tS wCCETTSD BY TR6 SELLER ARE BUWECT ib THE ~fiRDfS AND CDNDI7ION9 OF SALE" A4 PUB• uSaiBt pIV TFlL BACY Or 713L APlf.lG]ItlN. Buyer aod'¢ GmrantoRa! amept thud eartna and corWidoas u axed. ARAl71Ut10N: M.Y PYmcnt dis- pute of Uum arisin6 cut at or tekung to any product deliveeed In the boyar ox vey invoice teLtin[ rhvrtto at tnY ~+~ thacef. sM11 r 1M cD.a~on of Seller lee ¢I- ded by DiMing arbYratran mMUped s Adanra, Gear[ia H aeeetdann vrith th Gonnsndti ArDnrefioa Rule of tR Ammon Arbiradaa Afaociuitm. and)ud¢rrent upon tna draaro rardero6 Dy the trofrramr(t) may Da ma;.ad In my court havlay 1ulsdlmea tDeteo(. Tyc Gaya Yn6r¢ ouamrortfl epee a paY il! xamnnble coap and ova-of-pxkut ezpcnsu of SeUet entorcln8 a'collt¢inL tba Putenue er other ob8¢nam pored bueDy of ht+*nt+Ra' arisanL is /avoc d Seller f)ecladinL wtnoat limiur[ion, cdlaeaan a¢nry iss and npenen if s{>pliem[ defwlts ca tay ptyttkne due m Selitr aad nfatnrrapk tlmrnaYS' feaa atl aapessn of 9e8¢'e camel J Seller is Wa pnerdGng pony in any le[il apian). ACCLPIANCR Araepaaan d r-is pp)irwoan DS tfs 5CIer sha)f np be comatcd m t'MuNe IDe Yd~er ea all very peno~eta r. Dnndr ro the buyer Tha Hlltr is trader no obirLanoe w attsp arty parcDase oekr srireined Dy rbe Buyer The aeyer may adept aM' ordec (i1 by prnv~d- WL nenee o[ acgwwledimcnt of au<h atilt[ m the bayar of 411) IeY at11pp1rIL the peodocp OrdmeL AII Ordras are ruDJm ro Ec'•ILrrns and Oredyibm d Sde" in <ffist x Um [>a of aceappace of do puteDUa antler. wB lmsL eonmined M the Dealer's yurcASn ceder, aya IYm tmm apoeif7inL ~ tyPNt) and gardry d produce ordcrcd, the «quwtcd eniprrtrrt aate(a) and aApmeot dettmum(a) art nprady sla'td by rk Seller. >r6tdgNAL G(f.UlAMY: to mnrSNxmn of eye gellv'a r~tlcndmq cYdit he+euedtr, rha iadiriduai(e7 ¢ endry(a) e[tWtinl dtia applimden ore "Gaaraaea", )oiedY and sevaaDy 9eneatlb. irtevocalrly Nil barnsditianaliy yustmrce cad pmmu m pay Srl:v- ao dartn4 any aN aL LtdbNadnm of tM above ngmt yplrrx to mr $t14a, T!tia u a contiraurrL `uoranrC. rd de eb8prnom awed tcrcby ac untlfeped DY terry ctao¢ in de tenert d oK odLlaal tnOCSmbros trettuea tDe 7d)a a6 du above naceo rppfrnr taut there of payr.;ent The Guaemo: henry forever eaP¢+'aly v.tive~rcoooneee.Wapm pot maaeeta aay WY+ro[. ¢atlaavee api~tsttM uSelnLaM af¢by teaeon d2Dit Luv- anty at the Dblriatiau d:ix :ppiicam, itrcludittL, a~ifhoul I1tNrathn, a cLim f¢ tdrtbmumpr4 suDtopdaa, N ~ cpldMaien, prymeM, ¢ ngYniu, ngainat tha agpicat anssnL om of of Dy twoa of tGa Lustaaa7 d ehe OCtiyaoaa d ere vdadia=, mnadcn, tDe P~rment of auvtu~ a putclas• .et e! nny of me ODnrtarlana of rM apPt~e o,r:s,, .d uee ror dre IiaeAr o/ue SeBee sea alas Ib [M bereft of appyrax, a.ho nuy inert a8p dlpmf Y a Uerd prey / ~ 1 C{ tvLiTFSc ~__ ;crxa.~s;f~ ,VTg, ~ 6'~ ^ J fiar. EXHIBIT ---~--- TL!', w5 '?1 98.58?M KN;JoP & KODRK PC 1~ , P 11a ® `f"'mm ToRe~ I, ,Recovery Specialist of MOHAWK FACTORING, INC., A Subdivision of MOIiAWK INDUSTRIES, INC., verify that tho statement made in the aforegoing document are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unscvarn falsification to authorities. MOHAWK FACTORING, INC. ]3y: ~ --~+ ,Recovery Specialist Iwanmy T®fl'E $~ Datod: ~ Ai ~ sausax~sorvrv~ro~ccR e c e i v e d T i m e+IJ u n, 6. 9: 5l P M ,. ~~ ~ ~ ~ ~ ~ ~~ ~ ~t ~~ c `~ ~~:. Z-r. t. ~~~ _. ~ ~~ ~~ C ~ ~~ ` <c, ~- ~~ _. 4 ~` ~' ~'~ ~ ~ ~ -~ ~ _ »! japrr~w,.w~:-5t+€ ...r~„r.:,,zmY,~x'r4a~'.36}~14A ~, LAW OFFICES OF KOLLA5AND KENNEDY 1104 FERNWOOD AVENUE CAMP HILL, PENNSYLVANIA 17011 WILLIAM C. KOLLAS JAMES W. KOLLAS Tune 17, 2003 Cumberland County Courthouse President Judge George E. Hoffer's Chambers Attn: Sandy One Courthouse Square Carlisle, PA 17013 RE: Mohawk Factoring v. Paoletta, et al. No. 01-4665 Civil Term Dear Sandy: OF COUNSEL MARY KOLLAS KENNEDY TELEPHONE NO. (717) 731-1600 FAX NO. (717) 731-1460 Enclosed please find the above-referenced file which had been scheduled for an Arbitration Hearing on June 23, 2003. According to Robert Kodak's letter of June 13, 2003, this matter has settled and will not require the scheduled hearing. I have included Attorney Kodak's letter with the file for your reference. If you should have any questions regarding this matter, please do not hesitate to contact my office. Very truly yours, KOLLASAND KENNEDY William C. Kollas WCK/deb Enclosure MOHAWK FACTORING, INC., : IN THE COURT OF COMMON PLEAS OF A Subsidiary of MOHAWK :CUMBERLAND COUNTY, PENNSYLVANIA INDUSTRIES, INC. V NO. Q,~ 4665 CIVIL TERM MICHAEL PAOLETTA, Individually and Trading as MIKE LYNN ENTERPRISES, USA CARPETS, INC., and USA CARPETS IN RE: ARBITRATION ORDER OF COURT AND NOW, June 20, 2003, the Court having been informed that the above-captioned case has settled prior to hearing, the panel of arbitrators previously appointed is vacated, and William C. Kollas, Esquire, Chairman of the Arbitration Panel, shall be paid the sum of $50.00. By the Court, e offer, P.J. William Kollas, Esquire Chairman James Jones, Esquire Marylou Matas, Esquire ~~ d~- 03 C~°~' ^µ',~e~c. ~r..1,Laa o ~ ~ 1 dif~iHAlASNiJ~d AsNf'~?`~ ni°~~'l1~~~ilNf1`~ to :~ >~~ oz ~nr ~;o ~ ~~tl ~~~~:~~1~~ ~ ~~