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EDWARD N. FLAIL, JR.
ATTORNEY I. D. #10049
POST OFFICE BOX 507
130 WEST LANCASTER AVENUE
WAYNE, PA 19087
(610) 964-1600
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
2890 Hempland Road
Lancaster, PA 17601
NO.01- (,,5"92-
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v.
LETORT CONSTRUCTION, INC.,
also known as
Cold Creek Roofing Company
50 Lisburn Road
Carlisle, PA 17013
NOTICE
You have been sued in Court. If you wish to defend
against the claims set forth in the following pages, you must
take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally
or by attorney and filing, in writing, with the Court, your
defenses or objections to the claims set forth against you.
You are warned that if you fail to do so, the case may proceed
without you and a Judgment may be entered against you by the
Court, without further notice, for any money claimed in the
Complaint or for any other claim or relief requested by the
plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
OBTAIN LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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EDWARD N. FLAIL, JR.
ATTORNEY I. D. #10049
POST OFFICE BOX 507
130 WEST LANCASTER AVENUE
WAYNE, PA 19087
(610) 964-1600
ATl'ORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
2890 Hempland Road
Lancaster, PA 17601
NO.01- ("S'S.2..
v.
LETORT CONSTRUCTION, INC.,
also known as
Cold Creek Roofing Company
50 Lisburn Road
Carlisle, PA 17013
COMPLAINT
1. Plaintiff with the name and address first above
is a Pennsylvania corporation engaged in the business of
building supply.
2. Defendant, with the name and address second is
a Pennsylvania corporation, engaged in the business of general
contractor.
3. On or about April 7, 1997, Defendant, DANNY V.
SWEARINGEN, completed and executed a credit application, a
true and correct copy of which is attached hereto as Exhibit
"A" and incorporated by reference, under which Defendant
established a credit in the name of LETORT CONSTRUCTION, INC.,
also known as Cold Creek Roofing Company.
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4. Thereafter, at the special oral request of
Defendant acting through Danny V. Swearingen, and others of
its shareholders, directors, officers, employees and agents,
who were au~horized or allowed to act on Defendant's behalf,
Plaintiff made and performed work and services and sold
merchandise of the kind and quantity, on the dates, in the
forms, and for the prices set forth in Plaintiff's books of
original entry, true and correct copies of which are attached
hereto as Exhibit "B" and incorporated by reference, which
consist of invoices for various types of building materials
and supplies sold by Plaintiff to Defendant.
5. Defendant received and accepted the aforesaid.
6. The prices set forth in Exhibit "B" are the
fair and reasonable market prices existing at the time of the
transactions and is that which Defendant agreed to pay.
7. All credits due Defendant for payments and
returns or other deductions authorized by Plaintiff are set
forth in Exhibit "B".
8. In addition to the amount set forth in Exhibit
"B", Plaintiff claims interest at the rate of 1 1/2% a month,
as set forth in Exhibits "A" and "B", which is $1,046.03 from
December 31, 2000 through November 30, 2001.
9. In addition to the amount set forth in paragraph
7, Plaintiff claims attorney's fees, as set forth in Exhibits
"A" and "B" at the rate of 15%, the amount Plaintiff pays its
attorney for collection work which are $995.67, making the
total of Plaintiff's claim $7,633.49, through November 30,
2001.
10. Despite demand of the sum due by Plaintiff and
promises of payment by Defendant, Defendant has not made
payment.
WHEREFORE, Plaintiff demands judgment against
Defendant, LETORT CONSTRUCTION, INC., also known as Cold Creek
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Roofing Company, in the sum of $7,633.49 plus costs and
interest from December 1, 2001.
WARD N. FLAIL, JR.
ATTORNEY FOR PLAINTIFF
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QUALITy'ROOFING SUPPLY CO., INC. f)vtJ~~. DC.J
2890 Hempland Road . Lancaster, PA 17601
717.293.8800
CREDIT APPLICATION AND CONTRACT
(Please complete aI/lines)
FIRM NAME: Letort Construction, Inc. and/or Cold Creek Roofinq
Mailing Address: SO Li <;t'hllrn Rnan
Business Address: Same I
Carlisle. P~. 17013
Building is Owned ~ Rented 0 i Date Business Started Auq. 1993
CREDIT LIMIT DESIRED 150,000.00
OFFICE USE ONLY
CREDIT LIMIT /t?c?vd
APPROVED BY ~.::Y
DATE APPROVED - ? - fi'" ?
SALESPERSON . / to _-.
Check One:
Individual n
~
Corporation ~
Partnership 0
Phone No.: (717 ) ?SR-RO?l
FAXNo.:(717 ) 25e-q375
Type of Business: []( Commercial ~ Residential ~ Remodeling Q{ Industrial 0 Wholesale
Appllcanl Builds - Contract % How many homes built per year?
PRINCIPALS OF FIRM:
1. Name:
Dannv V. Swearinqen
SS# 203-36-3847
Title: President
Address: '50 T; ~b"X'l' Rn",rl
Street
r.::.rli91,::,.
City
SS# 181-42-7819
P"I 17013
State Zip
Tille: Vice-President
2. Name: Betsy R.Swearingen
Address:
Street
City
State
Zip
3. Name:
SS#
Title:
Address:
Street
City
State
Zip
TRADE REFERENCES:
1. Name: \.. lip,(" ""[>ply rn r T1'(,"
Accl. # 44RQOO
PHONE NO.: (717 ) 741-4(;44
Address:
?fiOR K,::,..yt\7.:::!f nri"Po
Street
Vnrk P.::.
City .
1740?
State
PHONE NO.: e17
Carlisle, Pa.
State
Zip
243-~:;939
2. Name: \ Castles Lumber
Accl. # 1202
Street
City
17013
Zip
Y90-9814
Address:
\
3. Name: \
Address:
290 E. Pomfret St.
Street
Acct. # LET020 PHONE NO.: (717
Readinq. Pa. 19612
City State
Zip
Kohl Buildino Products
POBox 14746
BANK REFERENCES:
'It' F
1. Name & Branch armers
Trust
Account Executive:
Address:
One West High Street, Carlisle, Pa. 17013
Checking
Phone No.: ( 717) 243-n12
Type of Account:
2. Name & Branch
Account No.:
Address:
Type of Account:
SALES TAX EXEMPT
fjxHml~
Account Executive:
~ ". '
Phone No.: (
Account No.:
YES
x
NO -IF YES, PLEASE ATTACH CERTIFICATE COPY.
PLEASE READ THE TERMS AND CONDITIONS LISTED ON BACK AND SIGN THE CREDIT APPLICATION ON BACK
BPn290 Rev. 9/94
Please sign the back
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TERMS AND CONDITIONS
In addition to the terms and conditions set forth in any subsequently executed sales agreement or similar document, all purchases made fly
Applicant shall be subject to the following terms and conditions:
1. Quality Roofing Supply Company, Inc. ("Quality Roofing") reserves complete discretion concerning aU extensions of credit and shall have the
right at any time to refuse to extend credit to Applicant or change credit limit without notice.
2. No warranty is made by Quality Roofing relating to the quality of materials provided by it to Applicant. All materials are subject to a
manufacturer's warranty and any claim relating to such materials shall lie exclusively against the manufacturer. Quality Roofing shall not, under any
circumstances, be liable to Applicant or to any ather person for lost profits, additional expenses incurred in replacing defective materials, or any other
special, incidental. indirect. consequential losses, delay damages, or damages of any kind whatsoever. NO WARRANTY OF MERCHANTABILITY OR
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS, STATUTORY OR IMPLIED SHALL APPLY TO ANY
~IATERIALS SOLD BY QUALITY ROOFING,
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3. Applicant acknowledges that shipping dates stated by Quality Roofing, are only estimates and do not represent a set time for performance.
Time will not be of the essence unless Quality Roofing agrees in writing to that effect. i
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4. Applicant acknowledges and agrees that all purchases made by it shall be paid for in accordance with such payment terms as may from Ume to
time be established by Ouality Roofing. Any invoice not paid in fuil within the terms stated on invoice wi:1l be SUbject to a finance charge of one and
c:le-half percent (1-1/2%) per month. and balances under $25.00 will be subiect to a minimum finance charge of $.50 per month.
5. Applicant hereby grants to Quality Roofing a security interest in all materials sold by Quality Roofing to Applicant. on open book account or
;-:ursuant to written or oral contract, to secure the prompt and full payment of any and all amounts now or at any time hereafter owing by Applicant to
\-':'J8Iity Roofing. So long as any balance remains owing from Applicant, Quality Roofing shall have all rights of an unpaid secured creditor under the
P'.:'lnsylvania Uniform Commercial Code and all ather righ'ts and remedies available at law or in equity.
fl. This Credit Application and any subsequent contract of sale between Quality Roofing and Applicant, shall be deemed to have been entered into
at the home office of Ouality Roofing in Lancaster, Lancaster County, Pennsylvania. Applicant acknowledges and consents to the exercise of
jurisdiction by the Courts of Common Pleas of the Commonwealth of Pennsylvania. Applicant further agrees that venue for any lawsuit brought by
Applicant, its successors or assigns, against Quality Roofing for whatever reason. shall lie exclusively in the Court of Common Pleas of Lancaster
County, Pennsylvania.
7. In the event that Applicant's account is referred to an attorney or collection agent lor collection, Applicant agrees that Quality Roofing Supply
Company, Inc. shall be entitled to collect. in addition to principal and accrued finance charges, an attorney's fee 01 fifteen percent (15%) thereof
and/or collection fees.
8. This Credit Application and any transactions pursuant thereto shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania.
9. Applicant agrees to provide Quality Roofing Supply Co., Inc. with written notice of any change in Applicant's name. address, ownership or form
of business entity.
10. Applicant hereby authorizes Quality Roofing to contact any bank, credit or trade reference to verify the Applicant's credit standing and/or assets
and hereby authorizes those parties to release all pertinent information to Quality Roofing.
By signing below, each undersigned individual acknowledges that he or she has read the terms and conditions above and that he or she
understands that those terms and conditions have legal consequences to the Applicant.
AP~ t.n-O~~J'T.I ~we.
By () / -~'o-
Relc:atfunship to Applicant:
(SEAL) By:
(SEAL)
Relationship to Applicant:
GUARANTY
In consideration of the credit which has been or which may in the future be extended to Applicant, and pursuant to the Terms and Conditions
contained in the Credit Application and Agreement, each undersigned hereby personally guarantees the prompt and full payment of all amounts now
or here~~er owing by Applicant to Qualitx Roofing. Each of the undersigned further agrees that the foregoing guaranty is continuing, absolute and
unconditional and may be e~forced against any of the undersigned individually, Jointly or in any combination, without first proceeding against
Applicant. Each of the underSigned waives any right to be released by reason of any extension of time or change in terms of payment and any other
defense now or hereafter available, except the defense of payment., .
By signing below, each u~~ersigned Individual acknowledges that he or she has read the Terms and Conditions above, that he or she understands
that these Terms and CondItIons have legal consequences both to the Applicant and to the undersigned individually and that he or she agrees to be
bound thereby.
SIGNED:
SIGNED:
DATE:
Do Not Write Below This Line-For Office Use Only
D&B RATING
CREDIT LIMIT
TERMS
Salesperson
Credit Manager
Manager
ACCEPTED: QUALITY ROOFING SUPPLY CO. INC. By
Tille
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QUALITY
Please direct billing inquiries to:
Quality Rooting Supply Co., Inc.
Corporate Office
2890 Hempland Road
Lancaster, PA 17601
800-552-6060
www.quali.rfrcoiingsupply.com
STATEMENT
CENTERVlllE g~A~CH
ClAlIT~ RCCFI~G SlPP
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Mechamcsburg, PA 800-896-1090
Reading, PA 800-641-2850
Lewes, DE 800-324-5792
New Castle, DE 800-544-3704
CCLt CREEK RCCFI~G A~t CR
lETCRT CO~STRlCTICN I~C.
50 LIsnURN RUC
CARLISLE. PA 11013
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A. DISCOUNT F - ANANCE S - SERVICE
ALLOWED CHARGE CH-";:;Gf
C.CRMEMO 'I-INVOICE W.WAiTE.OFF
o -OR MEMO P - PAYMENT U. UNAPPuEO CASH
ALL SALES ARE SUBJECT TO THE
TERMS AND CONDITIONS OF
SALE ON THE REVERSE SIDE
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VERIFICATION
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DONALD HOLLINGWORTH, hereby verifies that he is corporate
credit Manager for QUALITY ROOFING SUPPLY COMPANY, INC., and that
he makes this Verification on its behalf, and that the facts set
forth in the foregoing pleading are true and correct to the best of
his knowledge, information and belief.
This Verification is made subject to the penalties of 18 PA.
C.S.A. S4904, relating to the falsification of unsworn statements
to authorities.
Date:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06582 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
QUALITY ROOFING SUPPLY
VS
LETORT CONSTRUCTION INC A/K/A
KENNETH GOSSERT
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
LETORT CONSTRUCTION INC A/K/A COLD CREEK ROOFING COMPANY the
DEFENDANT
, at 1620:00 HOURS, on the 30th day of November, 2001
at 50 LISBURN ROAD
CARLISLE, PA 17013
by handing to
BETSY SWEARINGEN, SEC
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
LETORT CONSTRUCTION INC IS NO LONGER IN BUSINESS.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.25
.00
10.00
.00
31.25
r~r./<:~
R. Thomas Kline
12/03/2001
EDWARD FLAIL JR
me this 13 "::.
day of
Sworn and Subscribed to before By:
I DUt_L, .2tJo1 A.D.
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Prothonotary , '77
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EDWARD N. FLAIL, JR.
Attorney I.D. No.: 10049
130 West Lancaster Avenue
P.O. Box 507
Wayne, Pennsylvania 19087
(610) 964-1600
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ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
v.
LETORT CONSTRUCTION, INC.,
a/k/a Cold Creek Roofing Co.
NO. 01-6582
PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES
TO THE OFFICE OF THE PROTHONOTARY:
Enter judgment against in favor of Plaintiff and against
Defendant, LETORT CONSTRUCTION, INC., a/k/a Cold Creek Roofing
Company, under Pennsylvania Rule of Civil Procedure 1037 for
failure to file an Answer to the Complaint, and assess damages as
follows:
Debt from Complaint
Interest from 12/1/01-1/1/02
TOTAL
DATE: Ja,)
1/ u.x>Ck
.
$7,633.49
38.16
$7,671. 65
I hereby enter Judgment and assess damages as above.
OFFICE OF THE PROTHONOTARY
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EDWARD N. FLAIL, JR.
Attorney I.D. No.: 10049
130 West Lancaster Avenue
P.O. Box 507
Wayne, Pennsylvania 19087
(610) 964-1600
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
NO. 01-6582
v.
LETORT CONSTRUCTION, INC.,
a/k/a Cold Creek Roofing Co.
CERTIFICATION OF SERVICE
I, EDWARD N. FLAIL, JR., Attorney for Plaintiff, do hereby
certify that a copy of the Rule 237.1 notice was served upon
Defendant, LETORT CONSTRUCTION, INC., also known as Cold Creek
Roofing Company, via first class mail, postage pre-paid on December
21, 2001. A true and correct copy of notice is attached hereto and
marked Exhibit "A".
Date:
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EDWARD N. FLAIL, JR.
Attorney Number 10049
130 West Lancaster Avenue
Post Office Box 507
wayne, Pennsylvania 19087
(610) 964-1600
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
NO. 01-6582
v.
LETORT CONSTRUCTION, INC.,
also known as Cold Creek
Roofing Company
TO: LETORT CONSTRUCTION, INC., also known as Cold Creek
Roofing Company
50 Lisburn Road
Carlisle, PA 17013
ADDRESS CORRECTION REQUESTED
DATE: December 21, 2001
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
EDWARD N. FLAIL, JR.
Attorney for Plaintiff
EXHIBIT flAW
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EDWARD N. FLAIL, JR.
Attorney I.D. No.: 10049
130 West Lancaster Avenue
P.O. Box 507
Wayne, Pennsylvania 19087
(610) 964-1600
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
2890 Hempland Road
Lancaster, PA 17601
NO. 01-6582
v.
LETORT CONSTRUCTION, INC.,
a/k/a Cold Creek Roofing Co.
50 Lisburn Road
Carlisle, PA 17013
CERTIFICATION OF ADDRESSES
I certify that the addresses of the within judgment creditor
and judgment debtor are as listed above.
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EDWARD N. FLAIL, JR.
Attorney I.D. No.: 10049
130 West Lancaster Avenue
P.O. Box 507
Wayne, Pennsylvania 19087
(610) 964-1600
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
NO. 01-6582
v.
LE~ORT CONSTRUCTION, INC.,
a/k/a Cold Creek Roofing Co.
TO: LETORT CONSTRUCTION, INC., also known as Cold Creek
Roofing Company
50 Lisburn Road
Carlisle, PA 17013
ADDRESS CORRECTION AND FORWARDING REQUESTED
NOTICE
Notice is hereby given that a judgment in the above-captioned
matter has been entered against you on
, 2002.
OFFICE OF THE PROTHONOTARY
If you have any questions concerning the above, please
contact:
EDWARD N. FLAIL, JR.
Attorney for Plaintiff
130 W. Lancaster Ave.
P. O. Box 507
Wayne, PA 19087
(610) 964-1600
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EDWARD N. FLAIL, JR.
ATTORNEY NUMBER 10049
130 WEST LANCASTER AVENUE
POST OFFICE BOX 507
WAYNE, PENNSYLVANIA 19087
(610) 964-1600
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
QUALITY ROOFING SUPPLY
COMPANY, INC.
.
.
NO. 01-6582
v.
LETORT CONSTRUCTION, INC.,
a/k/a Cold Creek Roofing Co.
ORDER TO SATISFY
TO THE OFFICE OF THE PROTHONOTARY:
Kindly mark the Judgment, "satisfied" as to Defendant,
LETORT CONSTRUCTION, INC., a/k/a Cold Creek Roofing Co., upon
payment of your costs only.
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DWARD N. FLAIL, JR.
Attorney for Plaintiff
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