HomeMy WebLinkAbout03-5800CARLISLE SYNTEC INCORPORATED,
Plaintiff
MICHAEL L. HILL, d/b/a
Dandridge Roofing Company,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION-LAW
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 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
CARLISLE SYNTEC INCORPORATED,
Plaintiff
MICHAEL L. HILL, d/b/a :
Dandfidge Roofing Company, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
COMPLAINT
NOW, comes Carlisle SynTec Incorporated ("Carlisle"), by and through its attorneys,
O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets
forth the following:
1. Carlisle SynTec Incorporated is a Delaware corporation with its principal place of
business located at 1285 Ritner Highway, Carlisle, Cumberland County, Pennsylvania.
2. Defendant, Michael L. Hill ("Hill") is an adult individual who resides at 244
Battlefield Drive, Dandridge, Tennessee 37725.
3. At all times relevant hereto, Michael L. Hill operated a sole proprietorship known
as Dandridge Roofing Company.
4. Carlisle is in the business of manufacturing and marketing roofing products
including, but not limited to, membrane roofing systems. Carlisle also sells express warranties
for commercial buildings on which Carlisle roofing systems have been installed.
5. Hill was in the business of installing roofing systems.
6. In September, 2001, Hill executed a Terms and Conditions of Sale ("Terms and
Conditions") agreement and submitted an executed Carlisle SynTec Systems Credit Application
("Credit Application") in seeking to become a purchaser of Carlisle's roofing products. A true
and correct copy of the Terms and Conditions is attached hereto as Exhibit "A" and is
incorporated by reference. A true and correct copy of the Credit Application is attached hereto as
Exhibit "B" and is incorporated by reference.
7. Subsequent to execution of the Terms and Conditions and the Credit Application,
Hill began to place orders for Carlisle roofing products.
8. Substantial parts of the dealings between the parties took place in or otherwise
involved Carlisle, Pennsylvania, including, but not limited to, shipment of some of the roofing
products sold to Hill, placement of orders, preparation of monthly statements, preparation of
invoices, written and telephonic commtmications and the like.
9. During the period September 1, 2002 through May 16, 2003, Hill placed
mtmerous orders with Carlisle which were filled by Carlisle. These orders included roofing
supplies and express written warranties to be provided by Carlisle to building owners at a charge
set by Carlisle. A summary of these orders and invoices issued for those orders is attached hereto
as Exhibit "C" and is incorporated by reference.
10. Invoices issued by Carlisle to Hill for the orders referenced on Exhibit "C' are
attached hereto as collective Exhibit "D". All charges reflected on the invoices were reasonable.
2
11. Pursuant to the Terms and Conditions and the terms set forth on the invoices,
payment on the invoices is past due and Hill owes Carlisle, exclusive of finance charges, costs
and attorney fees, the sum of $44,582.88.
12. Pursuant to the Terms and Conditions of Sale, Hill agreed to pay a finance charge
of 18% per annum for any past due amounts.
l 3. Despite demand therefore, Hill has failed and refused to pay the amount due and
owing.
COUNT 1
CARLISLE SYNTEC INCORPORATED V. MICHAEL L. HILL
BREACH OF CONTRACT
14. Carlisle incorporates by reference paragraphs one through thirteen as though set
forth at length.
15. Hill has breached the Terms and Conditions of Sale and the Credit Application by
failing and refusing to pay the amount due and owing.
16. As a direct and proximate result of the breach of the Terms and Conditions and
the Credit Application by Hill, Carlisle is owed the principal sum of $44,582.88 by Hill.
17. The Credit Application executed by Hill provides, in relevant part, as follows:
"In addition, should (we)(I) default in payment for goods sold and delivered, then
(we)(I) shall pay, in addition to that amount then remaining to be paid together
with interest as stated above, a further amount of twenty percent (20%) added for
collection fees if said collection fees shall then be permitted by law. And if not,
then such lesser collection fees, if any, as shall be permitted by law."
18. The Terms and Conditions provided, in relevant part, as follows:
PAYMENT TERMS
Buyer agrees to make payment in accordance with terms stated on the fact of the
order. If Buyer defaults, is insolvent, or if Buyer's credit is impaired, Seller shall
have the right to (1) demand payment in full for goods delivered or before
proceeding with manufacture of goods; (2) withhold shipments in whole or in
part; and (3) recall goods in transit. Invoices not paid within the time period
allowed by the stated terms will be assessed a finance charge of 1/1/2 % per
month (18% per year) on the unpaid balance or the maximum allowable rate
permitted by law.
19. The last invoice provided to Hill in the collection of invoices attached as Exhibit
"D" had a payment due date of June 16, 2003. All other invoices were due prior to Jtme 16,
2003. Using the due date for the latest invoice, the balance owed is 112 days past due to October
14, 2003. The finance charge calculated on the balance of $44,582.88 to October 15, 2003 is
$2,462.44 with a per diem of $21.98.
20. The collection fee set forth in the Credit Application is calculated as being twenty
(20%) percent of the principal balance due or $8,916.57.
21. All conditions precedent to recovery have been fulfilled.
WHEREFORE, Carlisle SynTec Incorporated requests judgment in its favor and against
Michael Hill, t/d/b/a Dandridge Roofing Company in the mount of $55,961.89 plus costs,
interest and expenses.
Respectfully submitted,
David A. Badc, Esquire
I.D. 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Plaintiff
d ab.dir/litigation/carl.syn/dand ridge/complaint, pld
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities.
David A. Baric, Esquire
DATED: ///tr"t/~~
Feb ~,S ~ O'/:4~ Gerald
(717) 245-7000
Carlisle SynTec Incorporated
TERMS AND CONDITIONS OF SALE
Acce~lance of your o~6ar I~ expressly cond~Uonad u~n acceptance by ~u as the Burr of ~e I.~s i~ c~ns ~lal~ ~l~ ~ [hb
Cadis~ S~T~ In~t~ (~r~a~ "SeI~) ~N~ n~ ~ ~u~ by any B~e~s te~s a~ c~d~s of ~ ~h aEem~ to ~ any
2. DELIVERY AND T~NSPORTATION.
In ~ a~ of ~ a~l ~ng~a ag~ to by ~r a~ Bu~, ~s am ~ ~d ~p~ as f~:
(c) In ~ Ins~ [(a) ~d ~) a~e], ~8k of ~ In tmnsE shall ~ ~ ~ t~ Sel~r.
3. PA~ENT TERMS.
c~E s~ ~ a~ tea ~n~m ~l¢e ~ o~ ~n~-~e (25%) ~m~l of Ihe o~J~l ~mha~ p~. All ~ns~fl~ char~ and
CARLISLE SYNTEC SYSTEMS
CREDIT APPLICATION
FIRM NAME ~AYOr, O6-/~- /~00~'~', m~/~z~mg' TRADE NAME D*qAY~)?,O/-D' /~'~) ~my4yO~gxY,.
STREET Z/+~ ~/7/m~C~ ~g:_,v~ ~I1FY F~Z)/,:~]9~ COUNTY 3-mttt~-_s~4. ST. ?-~;~. ZIP.~_~
Special Billing Address: urganiza(ional Structure: Type of Business: ~m~/am.r,p~/Y/~,~
Proprietorship ~ Date Bus. Established ~m~Z~.z~>!
Partnership
Corporation
State of Inc.
Number of Employees: Management ~ Labor ~
Do you desire a monthly statement? Yes __ No
Accountings-Financial Statement Year-End Date (Mo/Da--~
# yrs. under present control
# yrs. in present location
Business Phone #(8~')3
Fax #(~) ~-
OWNERS/PARTNERS/OFFICERS ,
Principal #1 Name
Home Address
Home Phone #(~,~-)
Business Title
Principal #2 Name
Home Address
Home Phone #( )
Business Title
CREDIT REFERENCES:
BANK
1. (Name)
(Address)
2. (Name)
(Address)
(Complete Address and Telelphone Numbers Required)
Telephone No. Account No.
Contact
SUPPLIERS
1. (Name)
(Address)
2. (Name)
(Address)
3. (Name)
(Address)
4. (Name) ( )
(Address)
5. (Name)
(Address)
6. (Name)
(Address)
BONDING INFORMATION:
Surety Name
Surety Address
Agent's Name
Agent's Address
Bonding Limit
SECURED TRANSACTIONs -- UNIFORM COMMERCIAL CODE FILINGS
Lien Holder Collateral Pledged
2- --- EXHIBIT "B"
3.
Amount
Feb 21 02 11: 10a Gerald Pepon 7704205310
SECURED TRANSACTIONS - U~O~ CO~C~ CODE ~
2.. $.
FINANCI. A.L STATElVI~NT: PERIOD FROM TO
NOTE: In lieu of cor~p]eting this portion of the form, you may submit copies of your firm's nlost recent year-end financial
statement or the appropriate Federal Income Tax Sohedules.
Are you filing as a Sub-Chapter S Corporation? Yes
Cash & Equivalents
Accounis Receivable (ex. r~t~ntion)
Accounts Receivable (retention)
Allowance for Doubtful. Accounts
Costs and Estimated Es.mings
in Excess of Billings
Inventory
Other Carrent (d~sctibe):
Total Cur~nt Assets:
Fixed Assets (Net of Depreciation)
Land and Buildings
Fixtures and ~quipment
Other (d~cn'be):
No 0
LIABILITIES
Notes Payable (le~ than 1 year)
Accounts Payable
Accounts Payable (retention)
Billing in Exoess of Costs
Taxes Payable
Current po~on of Lung.Term D~ht
Other Current (describe):
Total Currant Liabilities
Long-Term Debt
Deferred Taxes
Other Non-Current (desorib¢):
Total Assets
Net Worth
Capital
Surplus
Total Liabilities & Net Worth
PROFITS AJ~D LOSS
Cost of Sa]es:
Beginn;ng Inventory
Purchases
Construction Labor
Less: Enchug Inventory
Total Cost of Sales
Expenses:
Salaries: Officer-dOwn,rs
Employees
Rent:
Interest:
Dcpreoiation:
Bad Debts:
.A.I] Other
Profit (Loss) Before Taxes:
Taxes:
Net Profit (Loss)
The forvgoing information ha~ bcvn carofizlJy road by thc undersigned (both the ptiotcd and w~iRen material) and is, to my knowledge, in
respects complete, accuram, md lrathful. It discloses to you the true state of (our/ray) financial condition on the date i~dicatcd. Smcc r
fin:u:, there has been no mat~.-ia[ unfavorable change in (our/my) financial condition unless otherwise stated.
(Wed'I) mak~ lhe forgoing application intendhg thnt you should r~ly upon it for the purpose of om- obtaining rr~:rchanalse f~om CarlJ
SynTec Incorporated, and its affiliaIed companies ("Carlisle'3 on credit. (WeA) further agree to pwvid~ updated inforrmtion tu you fr
~me to time as you m~y request All purolmses will be pursuant to Carlisle's Terms and Condi*;on~ of Sales in effect at the time o£p,.u'cha
In addition, should (weft) d~fault in payment for gooch sold and deliver=d, then (we/I) agree to pay interest at th~ maxin~m aflowabl= r
from the date or' default and, if said d~'ault/s refen~d to an attorney or agency for collection, (we/I) shall pay, in addition to the amotm! th
rvmaining to be paid together, with interest ~rS stated abo~e, ~ f~lrther amount of twenty p~r=ent (20%) added for collecllon fees if s
collecSon fees shall then be perm/trod bl/law/~md '~pOt, ~]~n such lessor collev~/on f~rs, if'any, as shall be p~rmitt~d by law.
~L~;ian~:ir:~Je:21t'sSi~ ~ /~ Date submitted: .
EXHIBIT "C"
Ca,rli le SynTec
Carlisle SynTec Incorporated
P.O Box 7000
(717)245-7000; FAX [717)245-7053
Incorporated
Bill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
I Sold-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRJDGE TN 37725
~ Ship-To-Address
DANDRIDGE ROOFING COMPANY
C/O WYTHEVILLE COMMONS RETAIL SHOPS
4TH STREET & INTERSTATE 1-81
WYTHEVILLE VA 24382
!Invoice
Document Number/Date
Purchase Order No.
Purchase Order Date
Sales Order No./Date
Customer No.
Originator
Terms of Payment
Page : o! 1
90196132 / 07/03/2002
VERBAL
10550g / 06/25/2002
208637
JOBADMIN
2% 45 NET 60
Up to 08/17/2002 you receive 2.000
Up to 09/01/2002 without deduction
Discount Amount#1
Terms of delivery
Net weight
Volume
Carder
% discount
120.12
PP-FO6 DESTINATION - PRE PAl
DESTINATION
6,528 LB
0
Pro#/Trailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale Jn effect at the time of this document.
I Invoice Details
Item Material
Quantity Unit Price Amount
Description
DELIVER 7-1-02 8AM. CONFIRM VIA FAX TO ALLAN RENFRO @
423.928.9036. 0TE#20033600
24 HR CALL 865-$97,6044 OR 423-273-09,40
0010 302915 13,056.000 FT2
2.61N POLYISO HP-N (544 FT2/PAL)
YCOM F
0,460 6,005.76
/1 FT2
Material Total
State Tax
County Tax
Final Amount
6,005.76
210.20
60.06
6,276.02
Make all remittances payable to the order of:
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
EXHIBIT "D"
Carlisle SynTec Incorporated
Sill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Sold-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
i Ship-To-Address
DANDRIDGE ROOFING COMPANY
C/O WYTHEVILLE COMMONS RETAIL SHOPS
4TH STREET & INTERSTATE 1-81
WYTHEVILLE VA 24382
Ir~voice Page 1 ct 1
Document Number/Date 90199952 / 07/23/2002
Purchase Order No.
Purchase Order Date
Sales Order No./Date
Customer No.
Originator
Terms of Payment
VERBAL-ALLAN
107885 / 07/16/2002
208637
JOBADMIN
2% 45 NET 60
Up to 09/06/2002 you receive 2.000
Up to 09/21/2002 without deduction
Discount Amount#1
Terms of delivery
Net weight
Volume
Cartie~
% discount
120.12
PP-FOS DESTINATION - PRE PAl
DESTINATION
6,528 LB
0
Pro#/Trailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document.
Invoice Details
Item Material
Description
DELIVER 7-23-02 8AM, CONFIRM VIA FAX TO ALLAN @
,423-928-9036. QTE#20033600
24 HR CALL 86.5-397-6044 OR MOBIL: 423-273-0940
0010 302915
2.6iN POLYISO HP-N (544 FT2/PAL)
YCOM F
Quantity Unit Price Amount
13,056.000 FT2 0.460 6,005.76
/1 FT2
Material Total 6,0o5.76
State Tax 210.20
County Tax 60.06
Final Amount $ 6,276.02
Make all remittances payable to the order of:
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
Carlisle SynTec Incorporated
i Bill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
!Sold-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
! Ship-To-Address
DANDRIDGE ROOFING COMPANY
C/O FOOD CITY SHOPPING CENTER
1033 SOUTH HIGHWAY 92
DANDRIDGE TN 37725
~Debit Memo Page I o~ 2
Document Number/Date 90200794 / 07/29/2002
Purchase Order No.
Purchase Order Date
Invoice Number/Date
Customer No.
Originator
Terms of Payment
CREDIT AND REBILL
90199577 / 07/22/2002
208637
FAIRCLOT
NET 30
Up to 08/28/2002 without deduction
Terms of delivery
Net weight
Volume
Carrier
PP-FOI~ DESTINATION - PRE PAl
DESTINATION
11,520 LB
0
Pro#/'rrailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document.
[Debit Memo Details
item Material
Description
INVOICE #90199577-CREDIT AND REBILL TO CORRECT TAXES.
PLEASE DELIVER TOMORROW, 7-1B-02 8AM. ADVISE ASAP IF
THIS IS A PROBLEM. CONFIRM VIA FAX TO ALLAN @
4£3-928-$036
24 HR CALL 865-397-6044 OR MOBIL#423-273-0940
DANDRIDGE PO#VERBAL
0010 301119
3.0IN POLYISO HP-N (480 FT2/PAL)
Carlisle SynTec
Make all remittances payable to the order of:
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
Quantity Unit Price Amount
23,040.000 FT2 0.572
/1 FT2
Material Total
State Tax
County Tax
Final Amount
13,178.s8
13,178.88
922.52
296.52
14,397.92
t
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 3772§
I Debit Memo Page 2 o: 2
Document Number/Date 90200794 / 07/29/2002
Debit Memo Details
Item Material
Description
Quantity Unit Price Amount
Carlisle SynTec Incorporated
, Bill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Sold-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
I Ship-To-Address
DANDRIDGE ROOFING COMPANY
C/O FOOD CITY SHOPPING CENTER
1033 SOUTH HIGHWAY 92
DANDRIDGE TN 37725
Debit Memo
Document Number/Date
Purchase Order No.
Purchase Order Date
Invoice Number/Date
Customer No.
Originator
Terms of Payment
Page 1 ol 1
90200795 / 07/29/2002
CREDIT AND REBILL
90199248 / O7/19/2002
208637
FAIRCLOT
NET 30
Up to 08/28/2002 without deduction
Terms of delivery
Net weight
Volume
Carrier
PP-FO8 DESTINATION - PRE PAl
D~:STtNATION
1 1,520 LB
0
Pro#/Trailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document.
i Debit Memo Details
Item Material
Description
INVOICE #90199248-CREDIT AND REBILL TO CORRECT TAXES.
DELIVER 7-18-02 8AM. CONFIRM VIA /-AX TO ALLAN @
423-928-9036. GTE#BLANKET
24 HR CALL 865-397.6044 OR MOBIL: 423-273-0940
0010 301119
3.0IN POLYISO HP-N (480 FT2/PAL)
CarlisleSynTec
Make all remittances payable to the order of:
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
Quantity Unit Price Amount
23,040.000 FT2 0.572 13,178.88
/1 FT2
Material Total 13,178.88
State Tax 922.52
County Tax 296.52
Final Amount $ 14,397.92
.Carlisle SynTec Incorporated
P.O. Box 7000
Carlisle, PA 17013
(717}245-7000; FAX (717)245-7053
Bill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Sold-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Ship-To-Address
FOOD CITY STORE #630 & LOCAL SHOPS
CMD020684A TS41917
DANDRIDGE TN 37725
i Debit Memo Page I o!
Document Number/Date 90253797 / 02/25/2003
Purchase Order No. 125020446
Purchase Order Date
Customer No. 208637
Originator JOBADMIN
Terms of Payment NET 45
Up to 04/11/2003 without deduction
Terms of delivery
Net weight
Volume
Carrier
PP-FOB DESTINATION - PRE PAl
DESTINATION
0 LB
0
Pro#/Trailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document.
Debit Memo Details
Item Material Quantity Unit Price Amount
Description
0010 2035 46,500 EA
10 YEAR TOTAL SYSTEMS WARRANTY
0D40 , 1,860.00
/1 EA
Material Total 1,860.00
Final Amount $ 1,860.00
Make all remittances payable to the order of:
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
Carlisle SynTec Incorporated
C&rl~Sle SynTec Incorporated
P,O. 8ox 7000
Carlisle, PA 17013
(717124§-7000; FAX (717)245-7053
Bill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Sold-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Ship-To-Address
ADVANCED AUTO PARTS STORE
AB#030092A 187866
MORRISTOWN TN 37813
Debit Memo Page ~ of I
Document Number/Date 90256413 / 03/11/2003
Purchase Order No. 125030065
Purchase Order Date
Customer No. 208637
Originator JOBADMIN
Terms of Payment NET 45
Up to 04/25/2003 without deduction
Terms of delivery
Net weight
Volume
Carrier
PP-FOB DESTINATION - PRE PAl
DESTINATION
0 LB
0
Pro#/Trailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document.
Debit Memo Details
Item Material
Description
Quantity Unit Price Amount
0010 2034
10 YEAR MEMBRANE SYSTEMS WARRANTY
4~0.000 40o,00
/1 EA
Material Total 400.00
Final Amount $ 400,o0
Make all remittances payable to the order of.'
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
Carlisle SynTec Incorporated
Carlisle SynTec Incorporated
PO. Box 7000
Carlisle, PA 77013
(717}245.7000; FAX 1717)245-7053
Bill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Sold-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Ship-To-Address
GREENE COUNTY YMCA
AB#020267A 188035
GREENEVILLE TN 37745
i Debit Memo Page ', ue
Document Number/Date 90261721 / 04/01/2003
Purchase Order No. 125020235
Purchase Order Date
Customer No. 208637
Originator JOBADMIN
Terms of Payment NET 4§
Up to 05/16/2003 without deduction
Terms of delivery
Net weight
Volume
Carrier
PP-FOB DESTINATION -PRE PAl
DESTINATION
0 LB
0
Pro#/Trailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document.
! Debit Memo Details _i
Item Material Quantity
Description
0o10 2034 · ..1~1,500 EA
10 YEAR MEMBRANE SYSTEMS WARRANTY
Make all remittances payable to the order of:
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
Unit Price Amount
0.050 575.00
/1 EA
Material Total 575.00
Final Amount $ 575.00
Carlisle SynTec
Incorporated
Bill-To-Address
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
DANDRIDGE ROOFING COMPANY
244 BATTLEFIELD DRIVE
DANDRIDGE TN 37725
Ship-To-Address
MEDISERVE
AB#030091A 188028
GRAY TN 37615
Debit Memo Page 1 of I
Document Number/Date 90261722 / 04/01/2003
Purchase Order No. 125030066
Purchase Order Date
Customer No. 208637
Originator JOBADMIN
Terms of Payment NET 45
Up to 05/16/2003 without deduction
Terms of delivery
Net weight
Volume
Carrier
PP-FOB DESTINATION - PRE PAl
DESTINATION
0 LB
0
Pro#/Trailer#
Currency USD
Shipping Point 0010
The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document.
i Debit Memo Details
Item Material Quantity Unit Price Amount
Description
001o 2034 · 1EA
10 YEAR MEMBRANE SYSTEMS WARRANTY
400.o00 400.00
/1EA
Material Total 4O0.00
Final Amount $ 4o0.oo
Make all remittances payable to the order of:
Carlisle SynTec Incorporated
22721 Network Place Chicago, IL 60673-1227
SHERIFF'S RETURN
CASE NO: 2003-05800 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CARLISLE SYNTEC INCORPORATED
VS.
HILL MICHAEL L DBA DANDRIDGE R
CERTIFIED MAIL
R. Thomas Kline Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,HILL MICHAEL L D/B/A DAiqDRIDGE ,
ROOFING COMPANY by United States Certified Mail postage
prepaid, on the 4th day of November ,2003 at 0000:00 HOURS, at
244 BATTLEFIELD DRIVE
DANDRIDGE, TN 37725 , a true
and attested copy of the attached COMPIJ~INT & NOTICE Together
with ,
The returned
receipt card was signed by MIKE HILL
oo/oo/oooo
Additional Comments:
THERE WAS NO DELIVERY DATE ON THE GREEN CARD.
on
Additional Comments
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
5.11
.00
10.00
.00
33.11
So answers: //~ ·
~'. Thomas Kline
Sheriff of Cumberland County
Paid by OBRIEN BARIC SCHERER
Sworn and subscribed to before me
this ~_~__day of/FF~.~
~m.~A-D-
~"~r~ot ho~o~ta~r~" ~
on 11/17/2003
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Michael L. Hill d/b/a
Dandrid§e Roofing Company
244 Battlefield Drive
Dandridge, TN 37725
X OA~m
: ~ [] Certified Mail [] Express Meil
[] Registered [] Return Receipt for Merchandise
r-I Insured Mail [] C.O.D.
4. Restd~ed Deliver? (Extra F~e) [] Yes
7002 2410 0007 8504 6785 03-5800 civil
CARLISLE SYNTEC INCORPORATED,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
:
: NO. 2003-05800
MICHAEL L. HILL, d/b/a Dandridge
Roofing Company,
Defendant.
CIVIL ACTION-LAW
TO:
NOTICE OF JUDGMENT PURSUANT TO Pa.R.C.P. 236
Michael L. Hill
d/b/a Dandridge Roofing Company
244 Battlefield Drive
Dm~dridge, Tennessee 37725
Notice is hereby given to you of entry of a judgment against you in the above matter.
Date: December ~ ,2003
Prothi~Jotary
CARLISLE SYNTEC INCORPORATED,
Plaintiff,
MICHAEL L. HILL, dPo/a Dandridge
Roofing Company,
Defendant.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 2003-05800
CIVIL ACTION-LAW
PRAECIPE TO ENTER DEFAULT JUDGMENT
PURSUANT TO Pa.R.C.P. 1037
TO THE PROTHONOTARY:
Please enter judgment in favor of Carlisle SynTec Incorporated and against the Defendant,
Michael L. Hill, d/b/a Dandridge Roofing Company, for failure to file an answer to the Complaint
of Plaintiff. True and correct copies of the return of service from the Sheriffof Cumberland County
is appended hereto as Exhibit "A".
A true and correct copy of the Notice of Default is appended hereto as Exhibit "B".
A true and correct copy of the Certificate of Mailing for the Notice of Default is appended
hereto as Exhibit "C". I certify that the Notice of Default was given in accordance with Pa.R.C.P.
237.1.
Plaintiff requests judgment in the amount of $55,961.89 as set forth in the Complaint.
Respectfully submitted,
O'BRIEN, BARIC & SCH,,ERER
David A. Baric, Esquire
ID#44853
17 West South Street
Carlisle, PA 17013
(717) 249~6873
SHERIFF'S RETURN - U.S.
'CASE NO: 2003-05800 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CARLISLE SYNTEC INCORPORATED
VS,
HILL MICHAEL L DBA DANDRIDGE R
CERTIFIED MAIL
R. Thomas Kline , Sheriff of Cumberland
County, Pennsylvania, who being duly sworn according to law served the
within named DEFENDANT ,HILL MICHAEL L D/B/A DANDRIDGE ,
ROOFING COMPANY by United States Certified Mail postage
prepaid, on the 4th day of November ,2003 at 0000:00 HOURS, at
244 BATTLEFIELD DRIVE
DANDRIDGE, TN 37725 , a true
and attested copy of the attached COMPLAINT & NOTICE Together
with
The returned
receipt card was signed by MIKE HILL
00/00/0000
Additional Comments:
THERE WAS NO DELIVERY DATE ON THE GREEN CARD.
on
Additional Comments
Sheriff's Costs:
Docketing 18.00
Service 5.11
Affidavit .00
Surcharge 10.00
.00.
33.11
~. Thomas Kline
Sheriff of Cumberland County
Paid by OBRIEN BARIC SCHERER
Sworn and subscribed to before me
this day of
A.D.
on 11/17/2003
Prothonotary
CARLISLE SYNTEC INCORPORATED,
Plaintiff
MICHAEL L. HILL, d/b/a
Dandridge Roofing Company,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-05800
CIVIL ACTION-LAW
TO:
Michael L. Hill
d/b/a Dandridge Roofing Company
244 Battlefield Drive
Dandridge, TN 37725
Date of Notice: December 1 i, 2003
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
David A. Baric, Esquire
17 West South Street
Carlisle, PA 17013
(717) 24%6873
U,S. POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT
PROVIDE FOR INS U PJ~N CE-POSTMAS TER
EXHIBIT "C"
CERTIFICATE OF SERVICE
I hereby certify that on December 22, 2003, 1, David A. Baric, Esquire, of O'Brien, Baric &
Scherer did serve a copy of the Praecipe To Enter Default Judgment Pursuant to Pa.R.C.P. 1037, by
first class U.S. mail, postage prepaid, to the party listed below, as follows:
Micheal Hill
d/b/a Dandridge Roofing Company
244 Battlefield Drive
Dandridge, TN 37725
David A. Baric, Esquire