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Home My WebLink About99-00125 i ~\ ~~ i , , . v ~ - ~ ~ ~ D . -7 '1 ~ J " 'oJ c. o l , ,I // ,/ f'; ~. - J l.(1 rl> -I I Pi \ \ I J ! / / "-' MOORE'S LUMBER AND BUILDING SUPPLIES, INC. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : No. qtf -- /;2S ~ . . DECKWORKS, INC., and .JAMES P. PIERZGA, individually, . . 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 ajudgment may be entered against you by the Court without further notice or 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, Pennsylvania 17013 (717) 249-3166 MOORE'S LUMBER AND BUILDING SUPPLIES, INC. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : v. : No. DECKWORKS, INC., JAMES P. PIERZGA, individually, Defendant. :CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiff, MOORE'S LUMBER AND BUILDING SUPPLIES, INC., by and through its Attorneys, KUNDRAT & ASSOCIATES and JOHN S. KUNDRAT, ESQUIRE, and states the following cause of action: l. Plaintiff, Moore's Lumber and Building Supplies, Inc., is a corporation with offices and/or a place of business situate at 3517 Brandon Avenue SW, Roanoke, Virginia, 24018 and is authorized to do business in the Commonwealth of Pennsylvania with offices at 3442 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania 170 II. 2. Defendant, DECKWORKS, INC., is a corporation with offices and/or a place of business with a last known address of351 Lebanon Road, Manheim, Lancaster County, Pennsylvania 17545. 3. Plaintiff is, and at all relevant times was, a wholesale distributor of building supplies. 4. Defendant, is, and at all relevant times was, a contracting business. COUNT I 5. On or about September 20, 1996, Defendant applied to Plaintiff for credit. A true and correct copy of the credit application is attached hereto, made a part hereof and marked Exhibit "A". 6. Between September 20, 1996 and October 31, 1998, various products, goods, supplies, and materials (hereinafter collectively referred to as "products") were ordered by Defendant from Plaintiff. Plaintiff sold and provided the products ordered by Defendant. The invoices are too numerous to be attached hereto, however, invoices shall, upon request, be supplied to Defendant. 7. The prices charged for the products sold to Defendant as set forth in the invoices were the fair, reasonable, and market prices of the products, and the prices that Defendant agreed to pay. 8. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits for the sale of products sold to Defendant by Plaintiff. 9. Plaintiff has submitted to Defendant statements of account accurately showing all debits and credits for transactions with Defendant, said statements of account showing an amount owing to Plaintiff of $ 12,533.37 and reflecting no payments. A statement dated October 31, 1998, is attached hereto, made a part hereof and marked as Exhibit "B". 10. Pursuant to the terms and conditions of sale contained on the credit application which terms and conditions were agreed to by Plaintiff and Defendant, Plaintiff is entitled to receive a finance charge of I Y:. % per month on past due amounts. 2 11. Despite demand, Defendant has refused to pay the past due balance on the open account of all sums due and owing to Plaintiff. 12. Pursuant to the terms and conditions of sale and extension of credit, Defendant agreed to pay reasonable attorney's fees and all court and collection costs. 13. Plaintiff has retained the services of the law firm of KUNDRAT & ASSOCIATES at the rate of$135.00 per hour in the collection of the amounts due from Defendant. 14. Plaintiff has incurred reasonable attorney's fees to the law offices of KUNDRAT & Associates in the collection of the amounts due from Defendant incident to the commencement of the within action; Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 15. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 16. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff, MOORE'S LUMBER AND BUILDING SUPPLIES, INC., respectfully requests this Honorable Court enter judgment in its behalf and against Defendant, Deckworks, Inc. in the amount of$12,533.37, interest at the rate of 1 Y, % per month from October 31, 1998, attorneys fees, plus the costs of this action and such other relief as this Court deems just and proper. 3 I. COUNT II MOORE'S LUMBER AND BUILDING SUPPLIES V. .JAMES P. PIERZGA, individually GUARANTY 17. Plaintiff incorporates by reference Paragraphs I through 16 of its Complaint as though the same were set forth at length herein. 18. In consideration of the extension of credit by Plaintiff, Defendant, James P. PIERZGA, individually, unconditionally guaranteed the payment of all amounts owed by Defendant to Plaintiff in addition to reasonable attorneys fees and costs incurred in the collection of any amount due from Defendant. 19. Pursuant to the terms and conditions of sale on Defendants' guaranty, Defendant specifically agreed that: ...the undersigned Guarantor (even if more than one) hereby warrants and unconditionally guarantees to Moore's the full and prompt payment when due (including any accelerated or extended maturity) of all indebtedness, obligations and liabilities of Customer to Moore's including finance charges applicable hereto, now existing or .hereafter created or arising, even if such indebtedness is in excess of the applied for, or established credit line. Guarantor further agrees to pay all expenses, including expense of court costs and attorney's fees paid or incurred by Moore's in endeavoring to collect such indebtedness or any part thereof or in enforcing the Guaranty. 20. Despite demand, Defendant, James P. PIERZGA, has refused to pay the past-due balance on the open account of all sums due and owing to Plaintiff. 4 I WHEREFORE, Plaintiff, MOORE'S LUMBER AND BUILDING SUPPLIES. INC.. respectfully requests that judgment be entered in its behalf and against Defendant, JAMES P. PIERZGA in the amount of$12,533.37, interest at the rate of I Y.. % per month from October 31, 1998, attorneys fees, plus the costs of this action and such other relief as the court deems just and proper. o S. Kundrat torney for Plaint' A ill 24958 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 5 r . . COMMERC~fiL CREDIT:;::....~-. '.', fiPPLICfiTIO.tt '..: ('ANCH USE ONLY dr.' c.zof Date .qI"/9L : , Account' '.'f-qINt, ,. Protected to SaIespeJ'SRO # 3 Q' - .. Salesperson'snamc...t'~f ~Sd/~ Credit Une ~t)oo Customer Type Itf- FIC Code (l Z- D&B Guarantee . S' die ApprovedbyBr.Mgr. "~'11: Div; Credit Appr. By Phone Per -- PLEASE TYPE OR PRJ;I;T AND CO;\IPu;TE: ALL SEL"TIONS OF THE APPLICATION. RETUR.'\ TO Hll'R LOCAL STORE. Company Name (Full legal name) Billing Address (Strcet/P.O. Box) City Yl'\c. VI )...,0, ,'-'Y\ Check one: 0 Proprietorship D Partnership Names of Proprietor. Partners or Offk:ers Name Title \->. , DFC.~~' :r.Wfi;; 3-:> I I n-yJ. ad sti". PA -d Corporati~r.r .. .' .'. A ". . Z;p f7:)45 PhoncNO.(?J.i) c.c,q-7,'1'S.? State~~~~~ed.in:. fll:": :: .,~ . -." .;L Contact's Name Phone No. Account No. IS Principal Bank Br.mch Account No. Name of Authorized Purcbasers I"ico.,u,,-(,'ioo . g Billing Requirements o P.O. Required CJ Other. Please Explaif'l Credit Applied For 0$1000.2500 0$)500-5000 o'S5~ tJOlherS Print Name ~ ~ ~k,"7fJJ' - ~ 3. 4. 0 Tax Exemption (Attach Certificate) Include a FmanciaJ Statement q .......... _ L" for Credit Lines Greater Than SI0.000 Business History: How Long Has This Business Oper:l.ted? y. ~ Has This Business or Its Principals Filed for Bankruptcy? 1[1 ~ Annual RevenueS i/~()n No. Employees 7 If Yes, Date Filed; ---' Location:----- Net Worth S ~ 7 ~ Name Filed Under: --..J Principal Type of Business (Check only one) Q.8'maU Home Bldr. (2) 0 Med. Home BIde. (3) 0 Business (4) 0 Commercial Bldr. (5) 0 Gov't. (6) 0 Prop. Main, (7) QtRemodeler(8) o Lg. Home Bldr. (9) o Painter (10) o Plumber (II) o Roofer (12) o Landscaper (13) nter(l4) OElectJidan(15) o Drywaller(J6) Commercial Credit Terms StatementS are mailed monthly, and enrire"new baJ:II"I(;e" is due en CIf befOle the loo..o(!be roondl. Accounts ~ in default ifpaymmt is DOC ~ved within 1 month afu:rthe st:llemc:nI closing &de. There an: no rllW'lCechargesoncX\ensions of cmiit which we paid wi1hin I rmnd'tafkrthe swement closing &de. The FINANCE Q{ARGE iscomp.1ledby awJying a periodic ra.le tolbc "adjusred balance. "The"adjustcd b&mcc:" will. be shown on the monlhly slaterncfll and wiD be dclc:nnincd by deducnng aD payments and credits issued and posted during the monIh.Iy billing cyt:1c from the "fRvious balance." It is agn:ed Ihat aU invoices, whether signed Clfnot" shall be deemdcd true and llCCUI1Ite unIess~l~ discrepancies ~ ~ in 'Mitingwithin fIVc (S) days ofstateme1lt date. NoOlhc:rchargcs will be imposedunlc:u the Cl1."oUlma (ails to make p1yment as required, in which C'YCl\!he expmse of collection, including attorney's (ees, up to 2S percen1 of tile debt, ifscrvices of an attorney an: employed todfea allIt.ction, shall be ~ A.ccepwlce o(payment in IlTeaI'S or ofpartial payment shall not be cb:med a waiver ofthc right 10 demand prompc payment-in full CIf a waiverofany rightClf mnedy Moore's,A Division orHaraos lmnbc:r &: Building Supplies lnc.. hcJt;in after refemd 10 as ~'s." may have ell any futun:o c.x:asion. . Moon:'s will maimain lien rights on property (or which mmriaIs have been provided Ifld will claim alio:l '> the extmt of aD materials DOC paid fa- within.~ tem1S. The representations made: herein flit'; ~1O the bestofmy knowlcdge. and IlnIastaMthisawlCuion may bcrevcko;t or-rejeat:d by Moore's II Illy time: iftheaaual (actsare found The undersigned hereby uncondirionalJy authorizes aU appljcabk atrlilorS and ~ilmes 10 provide Moln's credit references and YeJifica1ion olloans and ~its (or purposes of cons. EXHI BIT :;~~<;:~;': Name of Co any . ~. . I Authorized Signature Date A romp ele personal ~arant1 on opposite page, CREDIT IffJORMATIC-N ~!!~9"~!K~qfil~"TY -1) , e (/.,( c,a '.5' " Dependents ears Residence M~ge/Rent ayment (Monlhly) o ~LivewlRelative / J?~OO Credit References (Check Applicable axes) ~ftrs erican Expresy isa ~astercard a Discover B'Optima o Auto Loan o Dept. Store Name of Spouse Soc. Sec. # --.a Spouse Employer __ Have you ever med bankruptcy or had a law ,sui judgment filed against you? a Yes Do you have: Yes ~o Bank Loan ~ a Ii eofBank Mtg. Loan 0/ Bank O1ecling..t.!!f 0 a~ Bank Savin~s Fin-I Name Initial Lasl .MailingAddress(lndlllkSlnx:ll....dNameLfP.D.Box.......,j) Ory Slale Z;p Binh Date / / Soc. Sec.. / City Slale Z;p Previous Address Of less than two ycan at present addJess) / Business Phone Name and Address of Nearest Friend,IRelative Not Living With You Phone No. of Friend/Relative Your Employer Sol"", Years Employed Position " Dependents Residence (Cbeck One) CJ Own Home 0 Rent Olive wlReJativc Credit References (Check Applicable Boxes) o Visa Years Residence ongage/Rent Payment (Monthly) o Sears 0 American Express o Mastercard 0 Discover CJ Optima o Auto Loan o Depl. SIOTC: Name of Spouse Soc. Sec. # Spouse Employer Have you ever rued bankruptcy or had a law suit or judgment illed against you'? 0 Yes 0 No Do you have: Yes No a Name of Bank OtylState Account Number Bank Loan a Mtg. Loan 0 Bank a.ecking a Bank Savings 0 a a a Guaranty ForvaJue rtteived and to induee M~'s. A Division ofHarcros Lmnber & Building Supplies Inc..hercinaficrreferTed to as "M~'s". to extend aedillO the OlStomerJApplic3nt(s) shown above:, the undersigned Guaranlor (even ifmore than one) ~bywarrants and unconditionally guaranteeS 10 Moore's the full and prompl payment when due (including any acc:dera1Od or extended maturity) of all indebledne:s:s. obligations and liabilities of Cuslcmer to Moore's including finance charges applicable hemo. now existing or heJeafter cealed or arising. even if such indebtedness is in excess of the awlied for. or established c:m:fit line. Guanmlor further agrees to pay all expenses. including expense orwurt costs and anomey's fees p3.i.d or incurred by M~'s in endeavoring to collect such indebledness or any part tbeImf or in enforcing the Guam'lty. Guarantor waives all notices and demands of any kind. and hereby consents toany agreements or arrangements whatever with Customer including without limitation apeements and ammgements for payments. extension. subordination. compositim. arrangement, discharge orreleaseofthe whole or any part of the indebtedness, and shall in no way impair Guarantor's liability hereunder. t..100re's mayreJeaseorrelinquish any securitynoworhereafic:rhe:1d roranyindebtedness..and shall innowayimpairGuaramor'sliabilityhereunder. Moore'smayreleaseorrelinquishanysecwity nowor~er held for any indebItdness hereby guaranteed or any guarnntOrS or sureties. without the same dischaJging. releasing. orin any manner affecting the liability ofGuaranur hereunder. This Guaranty shall be enforceab4e befoJe or after ~ against Customer. or simultaneously therewith. and without resort to any security. The: incorporation, merger. ~on or sale of the Custt:mer's business shall not opcl3le as a tmnination of the Guaranty. and the Gu.aranty shaU continue as 10 credit extended such other entiT}'. The: Guaranty sbalI remain in full force and effect until wrinen notice of cance1lati0fL Any such notice of cancellatioo. if given, shall not affect the obligatioo of Guanmtcr to pay all sums then due by lhe Cu<romer ""'-"" Guan>n1<r. This Guarant)' is enforoeable against the undersigned Guarantors whether or noI the: signatures are witnes.sod. The undenigned hereby tDlconditionally authorizes all ~licable c:m:fitcn and deposilOri.es to provide: Mcxn's credit references and verificaIi.oo orloans and lhis.'PPlicorionrocaodilandperi<xtiC'"'""1" -j') . ';l/;/ WItness ,f'<!4,.L /-v-.RV-- Dale -~2.F Wimess Date Witness Date Witness Da~ Guarantor Signature Guarantor Signatur Guarailtor Signature Guarantor Signature FOR PROPER CREDIT RETURN TOP PCRTlCN WITH RE~ITTANCE TO: ( 3517 BRANDON AVENUE ROANOKE VA 24018 540 982-5946 GENERAL OFFICES. ROANOKE. VIRGINIA STATEMENT . STATEMENT . CLOSING DATE MOJDAYIY~ ACCOUNT nPE JOB NUMSER 049896 14 000 31-0ct-9R DECKWORKS INC 351 LEBANON RD MANHEIM PA 17545 ERF ERE .(} 224 STATEMENTS ARE DUE AND PAYABLE ON OR BEFORE TIlE 10TIl OFTIlE MONIll. AMOUNT REMITTED $ PREV. BALANCe NEW CHARGES NEW PAYMENTS NEW BALANCE NEW CREDITS .- 'M~. ~. M -- --- -- DATE REFERENCE MOJOA'I'/'I'EAR ." NUMBER PAYMENTS AND CREDITS DESCRIPTION CHARGES BALANCE ---10/31/98 FINANCE CHARGE 169.21 -..-.-.--...- -- ...~. .....---.".-...-. ..-.--. -_...--- -.-----.- .... ->-.- PLEASE PAY THIS "MOUNT' 12,533.37 .---...----- - -,.~,-_. ';'; .' ""'_n.. -..- THE ACqOUNT IS PAST OUj IN THE AMOUNI OF 12.364.16 '. ANIM~.EbIAT~ ~H~_~~~? LD _~_E.APPRECI TED I MONTHL Y PA YMENTS OF $75 .00 MUST BE MlDE PER AGREEMENT- - LAST PA YMEN:' RECEIVED ON 07/30198 - .. ~~'\. ~.... .,..,:.,...- -"~ - .- 0'1" '. . -. ;.-'" .. ... o_~n~' ._'. .0: _.; ~..:.. ..~: ':,0 .0""'- '." I :-~~:'Z,:-I~C . "0 ...... .:;:-:':.~:~~: ...n:~-r- :-..:.~ w,- ~$'~'" ~...-:::,-.~ ~l'.;~~ ':".' ~ -. '.., -......-, ....-:-~. ... ... 0,.... ...... ...... ,.. -..- '-. You can avoid a FINANCE CHARGE on purchases first appearing on this statement if we receive payment in full by the same date in the next month as the statement closing date shown above. The FINANCE CHARGE, if any, of . was computed byapplying'a periodic rate of % per month. which is an ANNUAL PERCENTAGE RATE of %. to your adjusted balance. Your "adjusted balance", if any is . We obtained the "adjusted balance" by taking the balance you owed at the end of the previous billing cycle and subtracting any payments and credits received during the present billing c~le, ' NOTICE: S.. reverse sIde for Important Information. .' PERF HERE ..a,. EXHIBIT B VERIFICATION I, Calvert Saunders, authorized agent of Moore', L\Jmbcr and Building SllppJie5, do hereby verify that the (acts set forth in the faresoing Complaint arc nuc and conect 10 lhe best of my knowledge, infonnation and beliet'. 1 UII"emand that fa1se statement9 herein are made subject ~.......... of.....C.S. .-..... _~ "ffj;{Q Calvl!rt ~1JJIdei-s CQ3 . . ~ ( \S? ~ ...n E:: ~~ r<1 (";. is <.~ ~-s ..- \:::>0 I'(J ~ n (.:J~c; lJ..l-~_. .:rL I.s- C)-- -~ L .:_ \l C-L1 -. ~ 'tf~': 0- f-:-:!;::--:: ~ C....)C' = .-~{n ~ 0(: ""1_>: - ~ I -'.'-;." l..Ll-- . ~J rIJ :-~ll' Ll...._,-- ....;l ~: 1 0- ,- . =5 ~ ~~.~ 10- m C> Q. U . - I--~-- ..-', , Sheriff's Return- Out of County CASE NO: 1999-00125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND "OORE'S LIJ"BER ET AL VS. DEGKWORKS IRG ET AL R. Thomas Kline , Sheri:f:f. who being duly sworn according and inquiry :for the within to law, says. that he made a diligent search named de:fendant, to wit: DECKWORK'S INC but was unable to locate deputized the sheri:f:f o:f Him in his bailiwick. He there:fore LANCASTER County, Pennsylvania. to serve the within NOTICE AND COMPLAINT On February 3rd, 1999 , this o:f:fice was in the attached return :from LANCASTER County. receipt o:f Pennsylvania. Sheri:f:f's Costs: Docketing Out o:f County Surcharge Dep. Lancaster Co 18.00 9.00 8.00 60.50 $~~.~0 KUNDRAT & ASSOCIATES 02/03/1999 so~ /~ ~;~.,/-~ ~.' o~as 1ne: ~her1II Sworn and~subscribed to.beIore me " -I " this -::u, day o:f 7d'-A ':' ~ '1 19 qqo A.D. ~ .~~ n~~ ~ ." rothonotar>y.- . -. .. ......." " "...".,,,, i --- ------------------------------"'- .- Sheriff's Return- Out of county CASE NO: 1999-00125 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ftOORE'S LUftBER ET AL VS. DECKWORKS IRe ET AL R. Thomas Kline Sheriff, who being duly sworn according and inquiry for the within to law. says. that he made a diligent search named defendant, to wit: PIERZGA JAMES P but was unable to locate deputized the sheriff of Him in his bailiwick. He therefore LANCASTER County. Pennsylvania. to serve the within NOTICE AND COMPLAINT On February 3rd, 1999 this office was in the attached return from LANCASTER County, receipt of Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 8.00 5i4.~~ KUNDRAT & ASSOCIATES 02/03/1999 Sworn and.subscribed to_before " -I' this 3.~ day of .d..J..-,,,..... -.. -.,./ 19 99 ;: A.D. . ~!2-~ dh. -;'_'_ . Prothonotary.:, ,,~:" .' " -"'''''. "..,,, me -'. - OF 2 50 NO~D~T!EET' ~o~ ~.~9:~ PES2v~ 1~-LS1~g-a20~ PLEASE.TYPE OR 'PRINT. LEGIBLY. DO. NOT DETACH ANY, COPIES. '" 1. PLAINTIFF/SI Moorels Lumber and Building Supplies, Inc. 2. COURT NUMBER 99-125 Civil 4. TYPE OF WRIT OR COMPLAINT: \ Complaint-Civil Actjon \ tIl rl o .., SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN J. DEFENDANT/SI Deckworks, Inc., et. alL SERVE {S' NAME OF INDIV!DUAL. COMPANY. CORPORATION, ETC., TO BE SERVED. ~ James P. Pierzqa ..,.,. 6. ADDRESS (Street or RFO, Apartment No., City, Bora, Twp., State and lIP Code)- AT 351 Lebanon Road, Manheim. PA 17545 7. INDICATE UNUSUAL SERVICE: dbEPUTIZE 0 OTHER CumberlaNd NoV\'. HHp'J 19 _ ,I, SHERIFF OF ~II'R COUNTY. PA.. do~J>'o~p tize the s.nh~e.j . T "nr'_____ County to execute this Writ aJ1""TT1a~~!.II'.n,t!l~ a~ ~ to law. This deputation being made at the request and risk of the plaintiff. ,.' vvvv ~.-; " . Sf-lEAI~fOF~RCOV"'r"." 8. sP't!CfM.llfH9fnl)~NSI~IOIf,*"IUlt:f()Wi.4AlION THAT WILL ASSIST IN EXPEDITING SERVICE: .,' C b l d urn er an '" H '" N G'l '" "- o [oj () ;j o '" ~ {Jl .. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy shenff levying upon or attaching a.,y property under within writ may leave same without a watchman, in custody of whomever is found in possession, aMer notifying person of levy or aUachment. 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 thereat. 9. SIGNATU~ ~ Y or ot~p~GJNATOR CUMBERLAND CO 10. TELEPHONE NUMBER 11. OAT y--- / ~ 't7"JI 7/7-2- l / /2- 12. D NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be compleled If notice Is to be mailed) JohnVS. Kundrat, Esq. Kundrat & Associates 107 Boas Street, Harrisburg, PA -l7l02 REF:" & II SPACE BELOW FOR USE OF SHERIFF ONLY- DO NOT WRITE BELOW THIS LINE HAM Authorized LCSO Deputy or Clerk. 14. Date Received 15. Expiration/Hearing date RRIS 295 3609 1-14-99 13.1 acknowledge receipt of the writ l or complaint as indicated above. r 2-8-99 16. I hereby CERTIFY and RETURN that I ave personally served. 0 have legal evidence of service as shown in "Remarks~. 0 have eKecuted as shown in "Remarks-,lhe Writ orcomplaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address Inserted below by handing a TRUE and ATTESTED COPY thereof. 17.01 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 01 individual served (it nol shown above) (RelationShip to Defendant) 19. ONoSelvice See Remarks Below (No. 30) 20, Address of where served (complete only if differenttha.!1 spown above) (Street or RFO,Apartment No" City, Bore, Twp, Slale and Zip Code) LI}/-JC.. Co. ..5ftY!-IP,c.f cQ';Cf cr -s-o ~. ()u/<-r' JI. tA....C. ,1/. /7tOz. 23. ATTEMPTS Date Mi as 2~~7:?Fe 22/;~~O AM EST 24. Advance Costs. Oep.lnt. I Rl00559 100,00 47.50 3a.REMARKS, L.../vff Lf,uB' (0 S.T.A.: 34. 37. MV COM ISSION EXPIRES - 38. I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 1. WHITE - Issuing Authority 2. PINK. Attorney 3. CANARY - Sheriffs OffIce 4. BLUE - Sheriffs Office 39, Dale Reee1Ved c'. '~ o ~J -."" G (~. U: c; -'.. r- ..::f' ;-: (' . L~;:;:: :;:: 'C:"j~ ?;~B ~7 (;,:) r.-- -- .,.- C:..J <..::1': ='-=-J ,....) .e -".. ;;:: -; <n ()') - ., .' , " ,- ~'. . \ SHERIFF'S OFFICE 2 OF 2 50 NORTH DUKE STREET. P.O. BOX 83480,sLANC'AiTER. PENNSYLVANIA 17808-3480 . (717) 299-8200 SHERIFF SERVICE PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE OR. PRINT, LEGIBL v: DO NOT,DETACH ANV COPIES. . H CIl n 1. PLAINTIFF'SI 2. CQURT NUMBER Mpore's Lumber & Building Supplies, Inc. 99-125 Civil 3, DEFENDANT/SI 4. TYPE OF WRIT OR COMPLAINT: to Deckworks, Inc. and James P. Pierzga, individually Complaint - Civil Action H SERVE {5' NAME OF INDIVIDUAL, COMPANY, COAPORATION, ETC., TO BE SERVED. IIIIIIIIIIl. Deckworks, Inc. and ,T" r. ,,:~. '\r. ;"''''i,i!t~ ...",. 6. ADDRESS (Street or AFD. Apartment No., City, Bora. Twp., Stale and ZIP Codel AT 351 Lebanon Road, Manheim, Lancaster County, Pennsylvania 17545 7. INDICATE UNUSUAL SERVICE: DEPUTIZE 0 OTHER U be r '1 a ncl Now. _. 19 _. I. SHERIFF OFUH0'A'S'rtJll COUNTY. PA.. do hereby depu' e the Sheriff oJ....... T,ancils ter County to execute this Writ an m ",At!! ereof accotdi,("~ to law. This deputation being made at the request and risk of the plaintiff. )N~ .n. -...... .-~ SHERIF Cf l U~IV -"'. ~ ::J '" N " ~ t:l '" o :0 '" CIl 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WilL ASSIST IN EXPEDITING SERVICE: Cumberla~d NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N,B. WAIVER OF WATCHMAN - Any deputy sherin levying upon or attaching a,"lY property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, wlthoutliablllly on . the part of such deputy or the sherin to any plaintiff herein for any loss, destruction or removal of any such property before shenffs sale thereof. 9.SIGNATU of A TORNEY r othe 0 IGINATOR 10. TELEPHONE NUMBER 11. DATE (717( 232-3755 1/7/99 (This area must be completed If notice is to be mailed). . Kundrat, Esquire Kundrat & Associates 107 Boas Street SPACE BELOW FOR USE OF SHERIFF ONLY- DO NOT #Fl/TEigtirl)W'THI~'iINIP 10 2 12.SE J 13.1 acknowledge receipt of the writ I or complaint as Indicated above. NAME of Authorized LCSD Deputy or Clerk 14. Date Received 15. ExpIration/Hearing date M 1-14-99 2-8-99 16.1 hereby CERTIFY and RETURN thatS 0 have personally served, e legal evidence of service as shown in ~Remarks",D have executed as shown in "Remarks~, the writ or complaint described on the individual, company, corporation, etC.. at the address shown above oron the individual, company, cor. porallOn, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof.' 17.01 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above._ (See. remarks below) 18. Name and litle at indIVidual served (if n01 shown above) (Relationship to Defendant) 19. ONoServlce 'J1V1F,J P. PIERZC-!l ~ OCJN/IX- See Remorl<s 8eIow (Nd30) 20. Address of where served (complete onlv it dlfte~eN tha.n~.n.9..wn abOve)j~~et orRFD,ApartmentNo., City, Bora, Twp. Stale and Zip Cod.) t.. t4vC. CO. .jrt6'1/.Jrr.r "f'l"ietr --$-0 IV, d'-fte-'.J 7 . ?"....t. /HI 1760;2. . Miles 21. Date of Service 22. Time e;)tJ;9 /1:/0 ~ EST i!~, 23. ATTEMPTS a.p.lnt. 24. Advance Costs R100559 * 30. REMARKS: [/N&- G S.T.A.: 34. day 37. Protho olaryl MY COM ISSION EXPIRES - 38.1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE I OF AUTHORIZED ISSUING AUTHORITY AND TITLE. 1. WHITE - Issuing Authority 2. PINK. Attomey 3. CANARY. Sheriffs Office 4. BLUE. Sheriffs Office 39. Dale Received .1 ~. . .~ f"..~' r- 0 - ~ C-.~ LU 52 (tJe.- ::'i= c;) ~ "...,0 L~.! .;' u - - , I:.::~ s:d '....,. it! "'"- ,d.~_ "'" :..J...:.: c: -, :J::-1 0'0 u) 0\ " ,