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Home My WebLink About04-0272 CARLISLE SYNTEC INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004- .,) 7;) CIVIL TERM HURRICANE SYSTEMS, INC. sit THE HURRICANE GROUP, INC., Defendant 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 LA WYER 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 MAYBE 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 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004- ;)--r J.- CIVIL TERM CARLISLE SYNTEC INCORPORATED, Plaintiff HURRlCANE SYSTEMS, INC. sit THE HURRlCANE GROUP, INC., Defendant 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, Hurricane Systems, Inc. ("Hurricane"), is a Florida corporation with its principal place of business located at 4100 North Powerline Road, Suite P4, Pompano Beach, Florida. Hurricane Systems, Inc. is the successor to The Hurricane Group, Inc. 3. 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. 4. Hurricane was in the business of installing roofing systems. 1 5. In November, 2000, Hurricane 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 ofthe 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. 6. Subsequent to execution of the Terms and Conditions and the Credit Application, Hurricane began to place orders for Carlisle roofing products. 7. Substantial parts of the dealings between the parties took place in or otherwise involved Carlisle, Pennsylvania, including, but not limited to, shipment of some ofthe roofing products sold to Hurricane, preparation of monthly statements, preparation of invoices, written and telephonic communications and the like. 8. During the period July 1, 2003 through December 31, 2003, Hurricane place numerous orders with Carlisle which were filled by Carlisle. These orders included roofing supplies and express written warranties. A summary of these orders and invoices issued for the orders is attached hereto as Exhibit "c" and is incorporated by reference. 9. Invoices issued by Carlisle to Hurricane for the orders referenced on Exhibit "c" are attached hereto as collective Exhibit "D". All charges reflected on the invoices were reasonable. 2 10. Pursuant to the Terms and Conditions and the terms set forth on the invoices, payment on the invoices is past due and Hurricane owes Carlisle, exclusive of finance charges, costs and attorney fees, the sum of$125,150.35. 11. Pursuant to the Terms and Conditions, Hurricane agreed to pay a finance charge of 18% per annum for any past due amounts. 12. Despite demand therefore, Hurricane has failed and refused to pay the amount due and owing. COUNT I CARLISLE SYNTEC INCORPORATED v. HURRICANE SYSTEMS, INC. BREACH OF CONTRACT 13. Carlisle incorporates by reference paragraphs one through twelve as though set forth at length. 14. Hurricane has breached the Terms and Conditions of Sale and the Credit Application by failing and refusing to pay the amount due and owing. 15. As a direct and proximate result ofthe breach of the Terms and Conditions and the Credit Application by Hurricane, Carlisle is owed the principal sum of$125,150.35 by Hurricane. 3 . 16. The Credit Application executed by Hurricane provides, in relevant part, as follows: "In addition, should (we )(1) 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 be permitted by law. And if not, then such lesser collection fees, if any, as shall be permitted by law." 17. The Terms and Conditions provided, in relevant part, as follows: PAYMENT TERMS Buyer agrees to make payment in accordance with terms stated on the face ofthe 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 the 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 v,% per month (18% per year) on the unpaid balance or the maximum allowable rate permitted by law. 18. The last invoice provided to Hurricane in the collection of invoices attached hereto as Exhibit "D" had a payment due date of December 5, 2003. All other invoices were due prior to December 5, 2003. Using the due date for the latest invoice, the balance owed is 43 days past due to January 15, 2004. The finance charge calculated on the balance of$125,150.35 to January 15, 2004 is $2,653.53 with a per diem of $61.71. 19. The collection fee set forth in the Credit Application is calculated as being twenty (20%) percent of the principal balance or $25,030.07. 20. All conditions precedent to recovery have been fulfilled. 4 . c' VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information, which I have given to my counsel, they 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 falsifications to authorities. DATE: January 20, 2004 Carlisle SynTec Incorporated Carlisle SynTec Incorporated PO. Box 7000 Carlisle, PA 17013 (717) 245.7000 '~II~l~1-1~: TERMS AND CONDITIONS OF SALE Acceptance of your order is e>cpreosly condRioned upon Icceptance by you .. the Buyer of the terml Ind conditions ItIled below on this acl<ncrMedgmont. C_ SynToc Incorporated (hereinafter "Seller") lhall not be bound by Iny Buye(1 terml Ind conditions of sale which Ittempt to Impose Iny condltiono at vorillnce with S_I te""" Ind condiliona of sale which Ire Included herein 01" Ire stlted on Selle(s technlcll dlte lheell, cetelogl, invoices Ind packagea. Sell,(1 flllure to object to provIelons contained In Buye(1 forms ahall not be deemed I waiver of the proviaionl of the Seller'l terma Ind condltiona which _ _ute the ontIro contract between the porlioa. 1. PRICE. S.lIer reeo.... the right to chenge Ita price achedulo at .ny /lme without noIico. In the event of an IncroHo In price .ppNcablo to orders plocod by the Buyer, the Buyw moy cancel ouch ordera at Iny /lme within ten (10) days Itter noIico of such Incr..... The .mount of the present 01" futuro ..los, revenue, _ or _ _ .pplicablo to the goods, ahall be addod to the purchese price.nd ahall be paid by the Buyw, 01" In IIou thereof, the Buyw shI/I provide Seller with . tax .xemption certlf...te Ot' other proof of tax .xemption occept.bIo to the loldng luthorltios. 2. DELIVERY AND TRANSPORTATION. In the obsence of prior speclol.rrongements agreed to by Seller Ind Buyer, goods .re sold .nd Ihlpped .s follows: (.) Shlpmenla of 24,000 lbe. (I atlndard trucklood) or more or. sold F.O.B. _nation. (b) Shipments of less than 24,000 Ibs. (less thIn I stendlrd trucklood) Ire sold with freight prepaid by S.Her to deet_. However, SeIIor will bill Buyer Ind Buyw will pay Seller fOl" freight chlrg.s from S.11er'1 Plont 01" S.II.(. Distribution Center to point of doIiwry. (c) In both In.tences ((I) Ind (b) lbove}, risk of loasln tranlll shall be borne by the S.Iler. 3. PAYMENT TERMS. Buyer Ig.- to meke payment In accordance with terms atated on the face of the order. If Buyer defaulta, fa In_ Ot' If Buyer-I crodIlfa Impaired, S.llor .haU have the right to (1) demand paym.nt In full for Iny goods delivered Ot' before proceeding with manufacture of goods; (2) withhold Ihlpm.nt. In whole or In part; and (3) recall goods In tranall. Involcea not paid within the time period allowed by the alated terms wll be __ I finance charge of 1 1/2% per month (18% per year) on the unpaid ballnce or the maximum lllowable rate permitted by law. 4. DELAYS. SeIIor aha" not be held rosponalblo for deloy In deliveries hereundar If cauaad by fir.., floods, Itrtkes, Ilbor dfaput.., Iccld.ntl, acts of war, prIoritIos r.qulred or requested by Iny government luthotity, transportation delaya, restrictlona Impoaed by Fedet1Il Ot' StIl. law Ot' regulationl, SelIer'I InabHIly to secure raw matnll 01" _ causee beyond Selle(1 control. 5. WARRANTIES AND DISCLAIMERS. S.IIer warrlnls ns products described on the face of tho Ot'der to be froe from defacts In materilll Ind workmanship. Seller'l IlobUlly and Buyer-I rem.dy Ire limited, at S.II.... option, to the replacement of defective good. at the F.O.B. polnt or repayment of the purchaae price. R.ptaclment of def'ctiv. goodl or repayment of the purchase price will be made only upon S.IIe(1 receipt of Buye(s written noIico that the goodl ere defoctlve, Ind upon S.IIe(1 lnapectlon of the goodl, buyer shall return defective goodl and Seiler shIll bear the cost of shipping only Itter Seller he. oent Buyer definite Ihlpplng lnatructionl. CARLISLE MAKES NO WARRANTY EXPRESSED OR IMPLIED INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF WARRANTY. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. 6. CANCELLA TlON. E'c,pt II provided In paragreph one (1), an order ptaced by Buyar Ind ICcepted by Seller Ihlll not be canceled by Buyer without SelIe(1 written conoent. Arry cancellation lhall be upon terms that will indemnify Seller agllnst 1oIs. 7. RETURNED GOODS. E.c.pt IS provided In paragraph five (5), goods lhall not be retUmed to Seller without firat obtllnlng III wrItt.n conaent. Only goods currently being mlnuflctured by Seller Ind sold to Buyers within ninety (90) daya from the date of the order shIll be considered fOl" return. Goodl occepted for credft shall be lubject to I minimum service chlrge of twenty-fIVe (25%) percent of the original purchase price. All tranaportstion chlrges Ind risks of loss shall be borne by the Buyer. Goods custom manufactured for Buye(s specificationl shall not be accepted for credll under Irry circumstances. 8. GENERAL Thl failure on Seller'l part to Insist upon I strict performanca of Iny of the terms and condlllons herein shall not be deemed to be a waiver of ouch terml Ot' condftionl or of Irry rights or remedies which Seller may have In demanding strict performance of III the terms Ind condftions _ contained. Remedieo herein reserved to seller lhall be cumulative and eddftionsl to Iny other Ot' further remedieo provlded by law. The teklng of Iny Ictlon by Seller shall not be deemed to be an election of that ICtion to the e.cluslon of others. The captionl Ire Inoerted only IS I maltor of convenience and are for reference and in no way define, limit or describe the scope of this agreement nor the intent of any provision thereof. Thll Ic"'-'edgrnent together with Buyer-I duly Iccepted order, constllut.. the entire agreement between the parties hereto Ind may not be chlnged or modlfl.d except In wrlllng l!gned by the parties to be charged. The egreements shall be govemed by the Iawa of the Commonwealth of Pennsylvanlo. SELLER RESERVES THE RIGHT TO ACCEPT ALL OR PART OF ANY ORDER. The Buyer hereby acknowledges receipt Ind agreement to these terms and condftlons which shall, until further notice, IPPIy to III contracts fOt'the ..Ie of goodl .ntered Into with Seller. ~i~(QI~I\ID I "T nC'.Y. ~--Gate: li\t4\oo f. 'Nt. Io.lie.'::.e., ,.:Jr:' .p(QSicle.\1t. EXHIBIT "A" ~ CARLlSL . . CREDIT APPLICATION FIRM NAME T\'1<L t\urn(2()<L- hrOU{l. :I\rv.,. TRADE NAME STREET'-\\CO \.:), \-bu:lO\'<'\Q.. Rdi,S\LP.t CITYi>/m"Ip3nO e:c,hCOUNTYJl'1tW~ STIPROV ~ ZIIe>3c13 Special Building Address: Organizational Stl1lCture Type ofBusineaa l<l>bf'Ir\~ r t>(\1Yac. YDr ProprietonlUp Dale Bus. Ealabliabed' (., , 91 PartnenlUp # yrs. under p_t COJllrol .. Cj Corporation ~ # yrs. in p_tlocaliOll '.3 , StlProv. of Inc. Buai_ ~llM # tl-s4)" IfLj -O'l1S'fi Number of Employ_: M_pment....l-. ~ ...!..5- Fax # flStj) 'iS4 -c, ~(o 5 Do you deaire a mootbly statement? Yea ...D..-No _ FederallDI <05 0'1/71'/1'11 Accounting - Financial Statement Year-End (Month) l{ ( OWNERS/PARTNERS/OFFICQS Principal #1 Name ~iCl-la.rd F. Mil ano",\Q..c1'r. ~Address'ilo\ "'>E: ;:rd,;~onllo, Ho.;..,~f~~~if~ !'~,~4 2.- Buainess Title(~QSdt>f'\' Principal #2 Name~l: atlY\I<.- M i lanQ..sa., H~Address ~D~6 h!Q.nri. RIWJ"\L<-lI- t'!nYl~ [F,. ~:J.. Home Phone (154) 7G - b7'6'L Busi_ Tide ~.ct!d~~ II r/L.a~1 yL,( (Complete Addresses and Telephone Numben Required) Telephone No, Fax No, Account No. ,) ~ontad fle4 ) 11~ - ~roo 3itirQg15117D rlim I?Y~ ~Iu ( ) CREDIT REFERENCES: Banks (' J. (Name) &m K Or RrJl<'rica. . (..\ddress}-i-f(\p I tJ. Fod UO\. \ H lClhlJ.'ld..\{ rod' lCllrloroalP.rL ~ 2. (Name) (Address) Suppliers,j'). ~ 1. (Name) (\xrrl.oo,' pL\j Cf:lrr- (Address) 'k."qq, )\Q\:>u\-j, \ R.ba.i ~-I' 'th\1V\ ~~X\ . rl.- ~401 2. (Name) ~2>.(I J ::3i.<.{'P1 \J (''''. (Address)0I00 t-Jk.2 qn, f/UWlJ.f) > 'Fr J...a.ud.utifl~. FL.. (1330<1 3. (Name)Tri~lQ... l'<\ . ".:s~ t fl.\.cm.C (AddressAli{ NLU \ t'\r, \~' 4. (:':ne~~~~t/~;X\~r:~~ c II (Addres.) Oint ~y 'tOea 'it ffildTI to.. VI 1'\ 5. (Name) ~I"'I t..l.1-~ I t)'l'[l,~ 1 '"1",y.C-> (Address) ';'{'l. \~lnTh ~\)!lr. \J. C' \.UflTln. 1 F\.- 6. (Name) (Address) BONDING Il'!fORMATION: Surety Name ~O Ii <ld L.l..pon dpprr>\,);:l, I Surety Addreas Bonding Limit ( ( ) ) (&/) '&o.2r ~O \3'Jl~q - PDb LandyU)1'\.J ( ) A5'-l ) Cj3~~ l(pOl '?3 '6'15DD ~(){ta ~a.\c1(1..z...., ( ) ~ l <'5::>4 -lDClD f.J/fl ./~..n~ V~h.n <\'00 ) 4L\?> -J~l~ Lt51DD e,HM~d~ () A::f~?fJ- rfl,Q-'f5B'(P ('1:1'1) 5'1~ - ~~~ t\ll/l..R \ c., ~ ,[)rni thJ ( ) ( ) ( ) Agent'. Name AJlent'. Address SECURED TRANSACTIONS. UNIFORM COMMERCIAL CODE FILINGS , Lien Holder Collateral P\edjJed J. f'\ono.. 2. 3. Amount EXHIBIT "B" FINANCIAL STATEMENT (~tt t\t\Qckd) PERIOD FROM 1,/I2OX TO i.:JjtJNO Note in lieu of completing this portion of the form, you may submit copies of your firm's most recent year-end financial statement or the appropriate Federal Income Tax Schedules. Are you filing as a Suh Chapter S Corporation? Yes No Assets Cash & Equivalents Accounts Receivable (ex. retention) Accounts Receivable (retention) Allowance for Doubtful Accounts Costs & Est. Earnings in Excess of Billings Inventory Other Current (Describe) Liabilities Notes Payable (less than 1 year) Accounts Payable Accounts Payable (retention) Billings in Excess of Costs Taxes Payable Current Portion of Long Term Debt Other Current (Describe) Total Current Assets Fixed Assets (Net of Depreciation) Land & Buildings Fixtures & Equipment Other (Describe) Total Current Liabilities Long Term Debt Deferred Taxes Other Non-Current (Describe) Total Assets Net Worth Capital Surplus Total Liabilities & Net Worth PROFIT & LOSS Contract Revenues Cost of Sales Beginning Inventory Purchases Construction Labor Less: Ending Inventory Total Cost of Sales Expenses: Salaries: Officers/Owners Employees Rent Interest Depreciation Bad Debts All Other Profit (Loss) Before Taxes Taxes Net Profit (Loss) The foregoing information has been carefully read by the undersigned (both the printed and written material) and is, to my knowledge, i. all respects complete, accurate, and truthful. It discloses to you the true state of (our) (my) financial condition on the date indicated. Sine that time there has been no material unfavorable change in (our) (my) financial condition unless otherwise stated. (We) (I) make the foregoing application intending that you should rely upon it for the purpose of our obtaining merchandise from CarlisI Corporation itself, its divisions and subsidiaries (Carlisle) on credit. (We) (I) further agree to provide updated information to you from tim to time as you may request. All purchases will be pursuant to Carlisle's Terms and Conditions of Sales in effect at the time of purch.... In addition, should (we) (I) default in payment for goods sold and delivered, then (we) (I) agree to pay interest at the maximum allowab' rate from the date of default and, if said default is referred to an attorney or agency for collection, (we) (I) shall pay, in addition to tl amount then remaining to be paid together with interest as stated above, a further amount of twenty percent (20%) added for collection fo< 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. Name of individual or Firm It-\~ -\-\u.rr ~ C<\Y\O _ (.:, r(', l"-'P i' \ nQ. - Date Submitted i \ I \ Lll bO Owner, Partner, or President's Signat~V~~~~ _, _._ . J !~ 'c';'''' :':ti:: :~, !il :;1 \~; II " m '<II ~ . . "" <') M:....,. ....'.',.,. "":m' "".,,., .....m g g g>g :5:5 g:g g:.g g:::g N N N.,N N,N'N-N NN NN ........... .......,~ .............. ........-"...: """',",,-- ......,,:"<,; .-l:...., O'l:.U\' """.'10' III :~' .-l',M' "-:<:'1 N:,M. Oe.N 0':1'11.' 0':0: Q',-.O- 0.'.0 -:..... ......:..',..........,.......'........ -,"'<.; --..'" .-l CO O'l CO 0 ... N 0 .-l N .-l N .-l 0 0 ... .-l M .-l M .-l MoM . " 0 M 0 . M ~ . . M . " . ~ 0 0 . ~ . . ~ ~ " " . . " -~ . . . " " " " . . ~ " M M . 0 0 0 ~ 0 ~ g ~ g " 0 0 0 0 ~ ~ ~ .", . . ~ " . . M ~ M M ..~ " ~ > ~ ~ ~ ~ ~ " ~ ~ ~ 0 " 0 :111: ;; M M M M M M M ;; M M M ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 " M "l','./'I' ~ " " " " " N " .............. -:,..;.; ......:, .......'-. -,",,,,; ........"... ,; .,.:.:.;. .....:N M . "'''C\' "':0' ......-,0 ....:..... 1'1':0 ,-l",," 0 " 0 M "':.M 1'1::0 . ,:.~. ........" .......:.... ......:...... , ""'; _.'...... .......-.""- " M " " . . . 0 . 0 M N M " ......0 o'c.t:> 0 0 M 0 .-I.'.... ~ ~ ~ " ,. U 00 ~ ~ . 1j . ~ .. M !l . ~ " . M M M . ~ . . " . ~ . . . ~ g s: 0 . M " N U U U U . N . . . M . ~ . ~ . .. . m ~ . 0 0 M M M M . g M M M M 0 0 0 0 .,.." ~ :~ ~ 0 0 0 M 0 M M ~ . . ~ M M ~ II 0 0 0 g 0 0 ;:: 0 0 0 0 0 0 M M " . EXHIBIT "e" '" k 8 . ,. 0 0 0 0 ~ 0 0 ~ 0 ~ 0 0 !i , ;; M M M ;; M M M ~ , 0 0 0 g 0 g 0 g 0 g .. . ,. 0 6 0 0 0 0 0 0 . 5 E .~ , , u u . u a a a a aD a a a a a a Carlisle SynTec Incorporated Invoice Carlisle 5vnTec Incorporated P.O. Sox 7000 Carlisle. PA 17013 (7171245-7000; FAX (717l245-7053 BiII-To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Page 1 of 2 Sold-To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Document Number/Date 90286501 / 07/02/2003 Purchase Order No. 9001 Purchase Order Date Packing List No./Date 80175774 / 06/27/2003 Sales Order No./Date 155617 / 06/24/2003 Customer No. 207519 Originator JOBADMIN Terms of Payment 2% 45 NET 60 Up to 08/16/2003 you receive 2.000 % discount Up to 08/31/2003 without deduction Discount Amount#1 1,616.13 Terms of delivery PP-FOB DESTINATION - PRE PAl DESTINATION 40,933 27,354 Net weight Volume Carrier LB FT3 Ship-To-Address HURRICANE SYSTEMS, INC. C/O SEA COVE CONDOMINIUMS 1616 E. OCEAN DRIVE VERO BEACH FL 32963 Pro#/Trailer# Currency Shipping Point USD 0090 The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document. Item Material Quantity Unit Price Amount Description DELIVER 7-7-03 8AM. QTE#20042938 24 HR CALL 954-864-0988 12 LINE ITEMS - ALL CONFIRMED 0050 303443 103 ROL 0.8800 54,384.00 WHITE TPO FLEECEBACK-115 12' X 50' 11 FT2 CARLISLE SYNTEC SUREWELD 0060 303387 10ROL 0.5000 3,000.00 .060 REIN. STD WHITE TPO 6' X 100'(AAW) 11 FT2 CARLISLE SYNTEC SUREWELD 0070 300474 10.000CT 1.1200 1,120.00 .060 WHITE TPO FLASHING 241N X50'(CTN 1) 11 FT2 Carlisle Sure Weld 0080 300016 27 BAG 3.6000 1,166.4{) WHITE TPO INSIDE/OUTSIDE CORNERS(BAG 12) 11 EA Carlisle Sure Weld 0090 300029 11 .000 CT 11.0000 968.00 WHITE TPO MOLDED PIPE FLASHING (CTN 8) 11 EA Carlisle Sure Weld 0100 302099 22 CAN 12.4000 1,364.00 SURE-WELD BONDING ADHESIVE 5 GAL 11 GAL EXHIBIT "011 BiII- To-Address - HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Item Material Description Car/isle Sure Weld 0110 303436 TPO CLEAR CUT-EDGE SEALANT-BOTTLE(CTN 8) CARLISLE SYNTEC SUREWELD 0120 300831 30lN X 50' TPO WALKWAY ROLLS (WHITE) Carlisle SureSeal 0130 303181 WHITE TPO COATED METAL 4' X 10'(SKID 25) CARLISLE SYNTEC SURE-WELD 0140 302127 F A S T 100-A 50-GAL DRUM Carlisle $ynTec 0150 302128 F A S T 100-B 50-GAL DRUM Carlisle Syn Tee 0160 300877 SS TERMINATION BAR llN X 10' (CT 500 FT) Carlisle SureSea! 2092 FUEL SURCHARGES Make all remittances payable to the order of: Carlisle SynTec Incorporated 22721 Network Place Chicago, IL 60673-1227 Invoice PI'!!" 2 III 2 Document Number/Date 90286501 / 07/02/20tf.3 Quantity 2.000 CT 6EA 1 PAL 10EA 10EA 5.000 CT Unit Price 48.0000 11 CT 158.0000 11 EA 1.9200 11 FT2 750.0000 IleA 750.0000 IleA 0.3360 11 FT Material Total State Tax County Tax Final Amount Amount 96.00 948.00 1,920.00 7,500.00 7,500.00 840.00 80,806.40 42.15 4,848.38 808.06 $ 86,504.99 Carlisle SynTec Incorporated Carlisle SYrlTec Incorporated P.O. Box 7000 Carlisle, PA 17013 (717)245.7000; FAX (717)245-7053 BiII-To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Sold-To-Address HURRICANE SYSTEMS, INC, 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Ship-To-Address HURRICANE SYSTEMS, INC. C/O SEA COVE CONDOMINIUMS 1616 E. OCEAN DRIVE VERO BEACH FL 32963 Invoice Page 1 of Document Number/Date 90288693 / 07/11/2003 Purchase Order No. 9001 Purchase Order Date Sales Order No./Date 155559 / 06/24/2003 Customer No. 207519 Originator JOBADMIN Terms of Payment 2% 45 NET 60 Up to 08/25/2003 you receive 2.000 % discount Up to 09/09/2003 without deduction Discount Amount#1 299.98 Terms of delivery PP-FOB DESTINATION - PRE PAl DESTINATION o 5,709,312 Net weight Volume Carrier Pro#lTrailer# Currency Shippin9 Point LB FT3 USD 0010 The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document. Item Material Description DELIVER 7-3-03 8:30AM - PLEASE CONFIRM ASAP 24 HR CALL 954-984-0988. OT#20042938 0010 301061 1.7" 4x4 ISO HP-W Carlisle Syn Tee Make all remittances payable to the order of: Carlisle SynTec Incorporated 22721 Network Place Chicago, IL 60673-1227 Quantity 48,384.000 FT2 Unit Price Amount 0.3100 11 FT2 14,999.04 Material Total State Tax County Tax Third Party Fre 14,999.04 899.94 149.99 395.70 Final Amount $ , 6,444.67 Carlisle SynTec Incorporated Carlisie SynTec Incorporated P.O. Box 7000 Carlisle, PA 17013 (717)245-7000; FAX (717)245-7053 Invoice BiII- To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Sold-To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Ship-To-Address HURRICANE SYSTEMS, INC, CIO SEA COVE CONDO'S 1616 E. OCEAN DRIVE VERO BEACH FL 32963 Page 1 of Document NumberlDate 90303191 I 08/26/2003 Purchase Order No. 9001 Purchase Order Date Packing List No.!Date 80187965 I 08/26/2003 Sales Order No.!Date 167169 I 08/25/2003 Customer No. 207519 Originator JOBADMIN Terms of Payment 2% 45 NET 60 Up to 10/10/2003 you receive 2.000 % discount Up to 10/25/2003 without deduction Discount Amount#1 45.00 Terms of delivery PC-FOB DESTINATION - CHARGE DESTINATION Net weight 1 ,661 LB Volume 27 FT3 Carrier OLD DOMINION FREIGHT LINE INC. Pro#/Trailer# Currency Shipping Point 07004361676 USD 0010 The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document. Item Material Description SHIP 8/25 L TL TO JOBSITE TO DELIVER ASAP!! PHI IF NEEDED: 954-984-0988 1 LINE ITEM 0010 302127 F A S T 100-A 50-GAL DRUM Carlisle SynTec 0012 2042 DUNNAGE - PALLET 2000 Freight Charge Make all remittances payable to the order of: Carlisle SynTec Incorporated 22721 Network Place Chicago, IL 60673-1227 Quantity Unit Price Amount 3EA 750.0000 2,250.00 /1 EA 1 EA 0.0000 ___......_________n_.._____ Material Total 2,250.00 194.00 State Tax 135.00 County Tax 22.50 .-------...---------------.. Final Amount $ 2,601.50 Carlisle SynTec Incorporated Carlisle SynTec Incorporated P.O. Box 7000 Carlisle, PA 17013 (717J245.7000; FAX (717l245-7Q53 Debit Memo BiII- To-AddreSs HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Document Number/Date Purchase Order No. Purchase Order Date Customer No. Originator Terms of Payment Up to 10/03/2003 Sold-To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Terms of delivery Ship-To-Address HURRICANE SYSTEMS, INC. C/O SEA COVE CONDO'S 1616 E. OCEAN DRIVE VERO BEACH FL 32963 Net weight Volume Carrier Pro#/Trailer# Currency Shipping Point Page 1 of 90305268 / 09/03/2003 9001 207519 JOBADMIN NET 30 without deduction PC-FOB DES TINA TION . CHARGE DES TINA TION o LB o USD 0010 The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document. Item Material Description DIRECT CHARGE AGAINST INV#90303191/0RDER#167169. OLD OOMINION TRIEO TO OELlVER MA TERIAL TO JOBSITE (SEA COVE CONDO'S) AS REOUESTED, BUT WAS TOLD THEY COULD NOT OFF LOAD IT WITHOUT A LlFTGA TE THIS CHARGE IS FOR RE.DELlVERY CHARGE OF $62.29 AND A LlFTGA TE CHARGE OF $60.00 Quantity 2000 Freight Charge Make all remittances payable to the order of: Carlisle SynT ec Incorporated 22721 Network Place Chicago, IL 60673-1227 Unit Price Amount Material Total 0.00 122.29 Final Amount $ 122.29 Carlisle SynTec Incorporated .. Carlisle SynTec Incorporated P,O. 80x 7000 " . Carlisle, PA 17013 17171245-7000; FAX (717J245-7053 Invoice BiII- To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Page 1 of 2 Sold- To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Document Number/Date 90313299 / 09/29/2003 Purchase Order No. 3381 Purchase Order Date Packing List No./Date 80195013 / 09/29/2003 Sales Order No./Date 173589 / 09/26/2003 Customer No. 207519 Originator JOBADMIN Terms of Payment 2% 45 NET 60 Up to 11/13/2003 you receive 2.000 % discount Up to 11/28/2003 without deduction Discount Amount#1 213.13 Terms of delivery PC-FOB DESTINATION. CHARGE DESTINATION 6,343 9,692 Net weight Volume Carrier L8 FT3 Ship- To-Address HURRICANE SYSTEMS, INC. C/O CVS PHARMACY 9197 S. FEDERAL HWY PORT SAINT LUCIE FL 34952 Pro#lTrailer# Currency Shipping Point USD 0090 The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document. Item Material Quantity Unit Price Amount Description DELIVER /0-/-03 8AM VIA FLAT8ED TO J08SITE (CUSTOMER TO PA Y FREIGHT I 24 HR CALL 954-984-0988-RICHIE OR FRANCIS QTE#20049/69 0020 300426 19ROL 0.3600 5,472.00 .045 REIN. STD WHITE TPO 8' X 100'(AAW) 11 H2 CARLISLE SYNTEC SURE-WELD 0040 300425 12ROL 0.3600 1,728.00 .045 REIN. STD WHITE TPO 4' X 100'(AAW) 11 FT2 CARLISLE SYNTEC SURE-WELD 0050 300473 1.000 CT 1.1200 56.00 .060 WHITE TPO FLASHING 121N X50'(CTN 1) 11 H2 Carlisle Sure Weld 0060 300016 2 BAG 3.6000 86.40 WHITE TPO INSIDE/OUTSIDE CORNERS(BAG 12) 11 EA Carlisle Sure Weld 0070 300029 1.000 CT 11.0000 88.00 WHITE TPO MOLDED PIPE FLASHING (CTN 8) 11 EA Carlisle Sure Weld Carlisle SynTec Incorporated .. , Carlisle SynTec Incorporated P.O. Box 7000 Carlisle. PA 17013 1717)245-7000; FAX (7171245-7053 Invoice BiII-To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Sold-To-Address HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Ship- To-Address HURRICANE SYSTEMS, INC. C/O CVS PHARMACY 9197 S. FEDERAL HIGHWAY PORT SAINT LUCIE FL 34952 Page 1 of Document Number/Date 90315619 / 10/06/2003 Purchase Order No. 3381 Purchase Order Date Sales Order No./Date 173581 / 09/26/2003 Customer No. 207519 Originator JOBADMIN Terms of Payment 2% 45 NET 60 Up to 11/20/2003 you receive 2.000 % discount Up to 12/05/2003 without deduction Discount Amount#1 123.65 Terms of delivery PP-FOB DESTINATION - PRE PAl DESTINATION 7,360 80,960 Net weight Volume Carrier Pro#/Trailer# Currency Shipping Point LB FT3 USD 0010 The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document. Item Material Description DELIVER 10-1-03 8AM TO J08SITE. QTE#20049169 24 HR CALL 954-984-0988-RICHIE OR FRANCIS HURRICAN PO#3381 0010 301113 2,31N POLYISO HP-N (640 FT2/PAL) LTTR R VALUE: 14.0 Make all remittances payable to the order of: Carlisle SynTec Incorporated 22721 Network Place Chicago, IL 60673-1227 Quantity 14,720.000FT2 Unit Price Amount 0.4200 11 FT2 6.182.40 Material Total State Tax County Tax Third Party Fre 6,182.40 370.94 30.91 9.07 Final Amount $ 6.593.32 .. .. . ,-e> ~ ,") t~, V\ ~ \~ u:, c, , , ~ \f\ ~ ~ ,-." ~ \ ' " ~ '\' -,,- ~ f: " ","' ~ "" 'J "" ~ ~~ "'- ~ " ~ f ~I CARLISLE SYNTEC, INC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 272-2004 CIVIL TERM HURRICANE SYSTEMS, INC sit THE HURRICANE GROUP, INC, Defendant CIVIL ACTION - LAW TO THE PROTHONOTARY OF SAID COURT: PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant, Hurricane Systems, Inc., in the above-captioned matter. Respectfully submitted, ABOM & KUTULAKIS, LLP DATE ;7/,Rr'/-r , . ~r~ Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 ~ CERTIFICATE OF SERVICE AND NOW, this 24th day of February, 2004, I, Michael T. Traxler, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a tiue and correct copy of the foregoing Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: David A. Baric, Esquire O'BRIEN, BARIC AND SCHERER 17 West South Street Carlisle, P A 17013 Respectfully submitted, ABOM & KUTULAKIS, LLP DATE ;21 i!J? ~ I q ~r~ Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 ~ o ~ ~";: ~iE~ " {f.J ~: :;:-'."'-" sI ~~~~ ::::j -<c ... '"'" C~ c:".:> ...- .." '" c;:l '" .:0- o " -l ~ f-"llfD -nrn t3? _niC) '--ro' ~;?Fl ~"~rTl ,~ ::;:~ ~a -< ~ ~. w c- SHERIFF'S RETURN - U.S. CERTIFIED MAIL CASE NO: 2004-00272 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARLISLE SYNTEC INCORPORATED VS. HURRICANE SYSTEMS INC R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,HURRICANE SYSTEMS INC by United States Certified Mail postage prepaid, on the 21st day of January ,2004 at 0000:00 HOURS, at 4100 NORTH POWERLINE ROAD SUITE P4 POMPANO BEACH, FL 33073 , a true and attested copy of the attached COMPLAINT & NOTICE Together with The returned receipt card was signed by E ROUNDS 01/26/2004 on Additional Comments: Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.11 .00 10.00 .00 33.11 ~o ans.. "!7 s_>// _ / ::// " .-" , ,.<<,- J<: Thomas lne Sheriff of Cumberland County Paid by OBRIEN BARIC SCHERER on 02/03/2004 . Sworn and subscribed to before me this /:1.- i!<o" day of J~ ~IJO'I A.D. (i 'f'U . Q In. ;,'U I ~ Irbthonotary "tl (/J "T1 o 3 (,:> 0:> .... .... '" ~ '" ~ "" o o ~ ..,J CI CI ru ru .s: I<' o o o o ..,J CP \.f\ o .s: tr JI uJ CP '5 '3 ; f; " \>. S , ~ "9: o .. \ '::', ...., o ,.," <: 1-'. >-' iO '<Il ~ g ~ ~ ~m..::r: ~ ~gq .~ (1) C'. o :gg~ ~ &(1) OJ .Y2 g. ':>1m _ ~ r1" ~~ 1-' m 1;;" .... (\) ~ o "8 ~ 7-1 uJ uJ o -l uJ \" .. oolll'" ""o~ ~~.~. ~ <9 U! ~.~ 0."10 ~-- ;t;il ~ ~ " ; ,. 9- ~ o .. ,. ~ .~ 000 ~ ():DW ;>> '0 e- "9. i 9:; ~ - "; li1h 'S o W; 9: ; .. " 'I 0- '& ~1...~!J,- o:pUl iJ~() !': ~~o::!,([lO - Oi:ll.......::)33 ,!.. ;..3-~'; J:>"Q. JI. i::r:fg~~ J __.(I)......:OC\) : a ell :::s ro;::;: ~ ~o"g"3"3CD ::;,0 .... ~? ~. - ::;;o......<:'iI~(J) ~ R ~b~~~~ II {I) :r...... 0. or-='- II C'l (t)::;I p) ctll)) (\) ~o..-:-:J - -oO'"roa-~o. ~ (1) g () ro.2 (0) I ~.6 @. ~ (fI"~ Wit $_o..oo.lii S . go~(tIO - ro<.<::. '5~.g 'i ~ g ~ ~3 ~ _". ~. "0 -g. CD ~ ~ in (tl '!' ro ~ o' .- i . . u & :::::;g ;? mw 0 ~"- . /UlCl(:l 0 ~QJ 2: EJ ry [fCl).,::: .c \--o.E '" ~ r1(1).... ~Q:::J& ;S .S f-- ... <: + "-' Q ~ N a::: - - g "'" Q - - '" c.w - - ",- c) - - '" C/) - - i /., - - -- '" oi - E: '" c: . .... " . w ~ - 0 c = ;;; E5 .'" Q. en '" - - ~ '" ;! '" .- i!J '" .- j[ - Q i.: .- '" f5 (-.-. /:'! c: ;! '" en en @ . :5 .--...---- CARLISLE SYNTEC, INC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYLVANIA v. NO.: 272-2004 CIVIL TERM HURRICANE SYSTEMS, INC sit THE HURRICANE GROUP, INC, Defendant CIVIL ACTION - LAW PRELIMINARY OBJECTIONS OF DEFENDANT Defendant, Hurricane Systems, Inc., by its undersigned counsel, files the following preliminary objections pursuant to Pa.R.CP. 1028(a)(I) as follows: PRELIMINARY OBJECTION RAISING QUESTION OF LACK OF PERSONAL JURISDICTION 1. This cause of action was brought by plaintiff, Carlisle Syntec Incorporated ("Syntec"), a Delaware corporation. 2. Syntec has a place of business located at 1285 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. Defendant, Hurricane Systems, Inc. ("Hurricane"), is a Florida corporation with its principal place of business located at 4100 North Powerline Road, Suite P4, Pompano Beach, Florida. 4. Syntec filed its complaint with this Court on January 21, 2004, averring Hurricane to be in breach of contract for failing and refusing to pay amounts due under a Sale and Credit Application. 5. Syntec, through counsel, provided Hurricane with an extension of time to file a responsive pleading to the complaint. The extension gave Hurricane until February 28, 2004 to file its responsive pleading. A letter from Hurricane's general counsel dated February 18, 2004, confirming the extension of time granted by Synrec's counsel is attached hereto as Exhibit "A". 6. Hurricane has not had the minimum contacts with the Commonwealth sufficient to establish personal jurisdiction over Hurricane for the reasons set forth herein. 7. Hurricane was approached by a Syntec sales representative and asked to become a purchaser and installer of Syntec's products in Florida. 8. This Syntec sales representative lives and works in Florida. 9. The Syntec sales representative presented Hurricane with a Terms and Conditions of Sale agreement and a Credit Application and those documents were completed and executed in Hurricane's office in Pompano Beach, Florida. 10. Hurricane became a purchaser and installer of Syntec's products in or about November, 2000. 11. In beComing a purchaser and installer of Syntec's products, Hurricane dealt exclusively with Syntec's Florida sales representative. 12. When ordering Syntec products, Hurricane placed orders through Syntec's Florida sales representative. 13. If there was ever a problem with Syntec's products, Hurricane dealt exclusively with Syntec's Florida sales representative. 14. Hurricane has never direcdy contacted Syntec's place of business located in Cumberland County, Pennsylvania. 15. Hurricane has never conducted business within the Commonwealth of Pennsylvania. 16. Syntec has not averred facts sufficient to establish minimum contacts so that this Court may have personal jurisdiction over Hurricane. 17. This Court does not have personal jurisdiction OVer Hurricane. 18. Syntec does have sufficient contacts with the State of Florida. 19. Personal jurisdiction over this matter lies with the State of Florida WHEREFORE, defendant, Hurricane Systems, Inc. respectfully requests Plaintiffs complaint be dismissed. Respectfully submitted, ADOM & KUTULAKIS, uP DSIE .;? /.2 7 / 'I ~~-AiT~ Michael T. Traxler, squire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 Attorney.fOr Defendant VERIF1CATJON r hereby verify that the statements contained in the Preliminary Objections of Defendant are true and correello 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 10 unsworn falsificati.on to authorities. 02/27/04 Date ~~~ k,chard F. Milanese, Jr., President Hurricane Systems, Inc. . . EXHIBIT A DERREVERE & HAWKES A Partnership of Professional Associations A ITORNEYS AT LAW 470 Columbia Drive, Building "B" West Palm Beach, FL 33409-1949 TELEPHONE 561/684-3222 FAX 561/640-3050 ill )1;~!bd~\ifLi~~ BY: __nnn____________ JON D. DERREVERE, P.A. WINSLOW D. HAWKES Ill, P,A, JASON C. MAlER SHIRLEY JEAN McEACHERN DOUGLAS I. WALL February 18, 2004 Linda Calabrese, Paralegal Sherry Derrevere, Paralegal Pamela Dumais, Paralegal Jen Holmes, Paralegal Leanne Kershaw, Paralegal Deanna Menendez, Paral~gal Michelle Jones, Administrator VIA MAIL & FAX TO 717/249-5755 David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Re: Carlisle Syntec Incorporated v. Hurricane Systems, Inc. Pennsylvania Case: 2004-272 (Civil Action) Our File No.: 11611 Dear Mr. Baric: This letter confirms your telephone conference with Attorney Jon Derrevere, of our office, on February 18, 2004, regarding your gracious extension of time for Defendant, Hurricane Systems, Inc., to file its response to the above-captioned Complaint. As we indicated, this Complaint was received in our office today from our client. We are a law firm in West Palm Beach, Florida, and are not licensed to practice law in Pennsylvania. Accordingly, we are in the process of referring this matter to an attorney in Pennsylvania to file the response to the Complaint. Accordingly, based upon our conversation, you graciously agreed to an extension of time for the Defendant to file its responsive pleading, up to and including February 28, 2004. Please contact our office immediately if any of the statements in this letter do not COmport with your understanding of our agreement. We thank you for your professional courtesy in this regard. .~UI~~ ~~...Ai . JASON C. M rER ~ i maie r(il)d erreverelaw. com JCM/lmc cc: Richard Milanese, Jr. (via fax only) CERTIFICATE OF SERVICE AND NOW, this 27th day of Febmary, 2004, I, Michael T. Traxler, of ABOM & KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing Preliminary Objections of Defendant by hand delivery on the following: David A. Baric, Esquire O'BRIEN, BARIC AND SCHERER 17 West South Street Carlisle, PA 17013 Respectfully submitted, ADOM & KUTULAKIS, UP DATE c:? / ..2 7 / 'i , r ~/_,.--fT~ Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 o C' <:;;; :ci -<. '" c.:..:.> :.= o ., :::1 rh::!.l r- T,rTl ::'- C:J -'5 ' ....,-:() ~j~~ "' "U -< -" PI OJ rV -' -,'") C..rl 0'0 I' I CARLISLE SYNTEC INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-272 CIVIL TERM HURRICANE SYSTEMS, INC. sit THE HURRICANE GROUP, INC., Defendant CIVIL ACTION-LAW REPLY TO PRELIMINARY OBJECTIONS AND NOW, comes Carlisle SynTec Systems Incorporated ("Carlisle"), by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to Preliminary Objections and, in support thereof, sets forth the following: 1. Admitted. 2. Denied as stated. To the contrary, the principal place of business of Carlisle is located at 1285 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. After reasonable investigation, Carlisle is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 4. Denied as stated. To the contrary, Carlisle has averred that Hurricane Systems, Inc. has breached the terms of both the Terms and Conditions of Sale and the Credit Application as appended to the complaint. 5. Admitted in part and denied in part. It is admitted only that counsel for Carlisle received a copy of the letter appended as Exhibit "A". The remaining averments are denied. To the contrary, counsel for Carlisle forwarded a notice of intention to enter a default judgment to Defendant which notice, pursuant to the Rules of Civil Procedure, set a final default date of on or about March 2, 2004. 'I ,I I r' 6. These averments are legal conclusions to which no response is required. To the extent a response may be required, the averments are denied. 7. After reasonable investigation, Carlisle is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 8. After reasonable investigation, Carlisle is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 9. After reasonable investigation, Carlisle is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 10. Admitted. II. Denied. To the contrary, Hurricane Systems had significant and continuing contact with Carlisle employees located in Cumberland County, Pennsylvania as Hurricane Systems submitted multiple roofing projects for review and warranty by Carlisle at its facility in Carlisle, Pennsylvania. Further, Hurricane Systems repeatedly submitted credit information to Carlisle in Cumberland County, Pennsylvania so as to permit continuation of a line of credit provided by Carlisle to Hurricane Systems. Attached hereto as Exhibit "A" and incorporated by reference are records which reference, refer and relate to communications initiated by Hurricane Systems to Carlisle employees located in Carlisle, Pennsylvania. Attached hereto as Exhibit "8" and incorporated by reference is a true and correct copy of an Authorized Roofing Applicator Agreement executed by Hurricane Systems and Carlisle. The Authorized Roofing Applicator Agreement required Hurricane Systems to do the following: submit orders for materials to Carlisle at the office located in Carlisle, Pennsylvania; provide Carlisle with a notice of award of a contract to install Carlisle roofing materials at the office located in Carlisle; provide Carlisle I:' r' with plans, specifications and details and other information regarding the intended roof installation at the office located in Carlisle, Pennsylvania; provide Carlisle with written notice that a roof installation had been completed by Hurricane Systems at the office located in Carlisle and present requests for express roof warranties from Carlisle at the office located in Carlisle, Pennsylvania. The documents appended as Exhibit "A" reflect Hurricane Systems' compliance with these requirements as they submitted documents to the office in Carlisle, Pennsylvania. Attached hereto as Exhibit "C" are documents submitted by Hurricane Systems to the credit office of Carlisle located in Carlisle, Pennsylvania through which Hurricane Systems sought to maintain a line of credit for the purchase of Carlisle materials. Attached hereto as Exhibit "D" and incorporated by reference is the affidavit of Robert King of Carlisle attesting to the records submitted as Exhibits "A", "B" and "C". 12. Denied. Carlisle incorporates by reference its answer to paragraph II as though set forth at length. 13. Denied. To the contrary, Hurricane Systems made repeated and significant contact with representatives of Carlisle located in Cumberland County as Hurricane Systems sought answers to technical and product questions and/or issues. 14. Denied. Carlisle incorporates by reference its answers to paragraphs II and 13 as though set forth at length. 15. Denied. To the contrary, Hurricane Systems has made substantial and repeated contact with employees of Carlisle located in Cumberland County as Hurricane Systems has sought to conduct its business. i' 16. Denied. To the contrary, Carlisle has averred sufficient facts in its Complaint to establish such contacts as to establish in personam jurisdiction over Hurricane Systems. 17. This is a legal conclusion to which no response is required. To the extent a response may be required, the averment is denied. 18. This is a legal conclusion to which no response is required. To the extent a response may be required, the averment is denied. 19. This is a legal conclusion to which no response is required. To the extent a response may be required, the averment is denied. WHEREFORE, Carlisle SynTec Incorporated respectfully requests the Preliminary Objections of Defendant be overruled and Defendant be directed to file an answer to the complaint. Respectfully submitted, O'BRIEN, BARIC & SCHE ~;JJ f: David A. Baric, Esquire ID#44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Carlisle SynTec Incorporated dab.dirllitigation/carl.syn/hurricanesystems/preliminaryobjectiou. rep I! " VERIFICATION The statements in the foregoing Reply To Preliminary Objections are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. S 4904 relating to unsworn falsifications to authorities. t?~dh Robert L. King Manager Customer Financial Services DATE: 3-9-tJ~ , * $-Y~6# -4; SERIAL 110. TS31412 DATE OF ISSUE: MY 8, 2001 CARLISLE GOLDEN SEAL TM TOTA ROOFING SYSTEM WARRANTY IUILDIIlI OllIlER: CIRCUIT CITY STORES INC. IWlE OF IUILDIIlI: CIRCUIT CITY I\JILDIIlI ADIlRESS: TAIl'A, FL DATE OF COIl.LETIOIl OF TIE CAIlLISLE TOTAL RooFIIlI SYSTE DATE OF ACCOTAIlCE IY CAIlLISLE: MY 8, 2001 ClIlOI0289A 03/19/01 Carlisle Roofing Systems, Inc., warrants to the Buildin OWner (OWNER) of the above described building, that, subject to the tenns, conditions and timitations stated in this rranty, Carlisle wiD repair any leak in the Carlisle Golden Seal™ Total Roofing System (CARLISLE TOTAL RooFI G SYSTEM) installed by a Carlisle Authorized Roofing applicator for a period of 10 years commencing with the te of Carlisle's acceptance of the Carlisle Total Roofing System installation. However, in no event shall Carlisle's ligations extend beyond 10.5 years subsequent to the date of substantial completion of the Carlisle Total oofing System. See below for exact date of warranty expiration. The Carlisle Total Roofing System is defined as the to lowing Carlisle brand materials: Membrane, Flashings, Counterflashings, Adhesives and Sealants, Insulation, R ry Board, Fasteners, Fastener Plates, Fastening Bars, Metal Edging, Metal Tennination Bars, and any other Carl' Ie brand products utilized in this installation. TERMS, CONDITI NS, LIMITATIONS ......... ...... . arke. .........., ctwgeIl'lMI no!: been paid In I\tII to 1M Ca1iIIe AtAhorized ,. """",__~_____(3O)dapol"~ ""t_In"~TOOlIRoc*e'-. o.....____or. IeIIk tDCIrIIIe'. w.r.tI1t Servk:8I o..,...~,........... sat forth... d tIiI ~'_ By 10 natIfyIng CdIIe, .. ow............. c.w. or Ita dIsIgnM to htedgMt.. <*III d..1IIIk. ShcllAd" n. ---1:1'-" ftMIII.. caM d the to be 0lDIde trle IC:lClpe t:ltiI w-.md:1, inI. 1 rl1~~ 'I ... ,.,... COllI far... service IholI .. poId by" """"'. 2. If.lJPCI" npectIon, c.\iIIIi ~ ttwt 1he _k If; ca.-:I by. dIIect WI 1M AppIkatcr in ....... .. ....... Ownw'a ......... Ilnd CIfIM;'.1iIbiIily IhIII be 3. Thia.......mylhellnol.be~lf.upottCe1.....InIpeC:tIOn,~ ::: ~~!.:~' ~:$::}~#t. (el ~b.....Clf.....'Gf ~~.... ,I.c;...~~~.IUMiI~ "",,-,.__"_TalofRoc*eS_;.. (d) ...,....___....._In_....._T.... 4. Thi.w....,.....berdl.~...,:tI..foIDrMng...ocar.. (.) .,_.......or..'CojtII!\O... < .TlII!IITlII!II-.,....,...-............ aur::h ..1II.il..-.......to.~. ...... or......,..... upan,qr: (b) F.....WN^O'WtoU.._......~in~..~_."'..fOClf,... ' .......-;...._ .dooo,.-....... V'/Iiiiw'<J. 5 ~...........~.: ,~'_~brlllo""',_ s. o.mo.._oIllIo"""'"""".___..._........... 7. CarlISI....... no obIigIIkln...... w.mnty....." tIIh for ~ ' __,~,.,or_""""', a. Carl...... f.uur... tn; IlrnetD InIoroII q orlhelen'nl orcondlUonlllllecl herein SI. Ca1iIIlI....,.. be rMpOnItII. tor Ihe ~ or dlICOlOlIllfol. d the C..... ~ _,or_lcoI_ 10. TNlWMW'Ityilno!:...,.,.by~rlt8worolhlfwlle. ~,;n ,,1>~lmlYbe _. c-.__.._or..R_S......by. 101II diacntlon, to r1IfuIe to ,...1h1I.."..,ey. ,.. be conatrwd to be. diver d IUCh proviIlon. ~ SyIIem cauMd by-'''_IO'_''' c:ondIUonIlncIuding. buI no!: IImIIed 10. dirt. by._...___ror.._or.._'""'"O..__ ....._....... ....w1U IIpPtyto My~. CIrIIIae ,...w.1he rtghI, In IbI CARUSLE DOES NOT WARRANT PRODUCTS UTlUZED IN 1lIIS INST UABIUTY, UNDER Nl'( THEORY OF LAW, AJlISlIlG OUT OF THE INSTAUA PRODUCTS NOT FURNISHED BY CARLISLE. THE REIEOIES STATED HEREIN ARE THI! SOlE AND EXCLUSIVE C~ 1HEIIE ARE NOWARRANTlES I!mER EXPRESSED OR PURPOSE AND MERCHANTA!IlLITY. WHICH EXTEND BEYOND THE F CONSEQUEN1W. OR OTHER ~ INCLUDINO, BUT NDT I.MTI!D TO, NfY tllEORY OF LAW. noN WHICH IT HAS NOT FUIINISHED; AND SPECIFICAU. Y DISCLAIMS AND Pl!RFORIIANCI! OF, OR 1iAllA000s SUSTAINED BY OR CAUSED BY, FOR FAILURE OF THE ~LE TOTAL ROOFING SYSTEM OR ITS ,INCWDING THE 1IIPUEIl_ OF FITNESS FOR APAR11CIA.AR HI!REOF. CAIWSLE SHAU. NOT BE LIA8l..E FOR Nl'( INCIDENTAL, OF PROFlTlI OR DAIIAOI! TO THE BUILDING OR ITS CONTENTS UNOER IY: Patrick D. IIcGracl,y AUTHORIZED SIGNATURE........... TITLE: Director, Technical I Warranty Servtces lHIS IIARRAIlTY EnIlES: MY 7, 2011 YOUR SINGLE-PLY SOLUTION'" P. o. Box 7000, ~, PA 17D13 . (717124&-7000; F.x 17171 &-7053. www_rtn1oc.com CARLISL WA-FOOOl (1100) EXHIBIT" A" 1 'r.i(),;r. ',\.....r [",.!'",- ..^\.:\IAP,[) 1:, ,.".r,~. ('I'\l~'.' '.':'.\..' t.:'..... (,.,n,."pl':>' 'i'" "V<"r...~' ."1"-....._ __ .~ l' .'.. _ l.,..,. . '\. ~ 'toO .., l:.:#'~~~;__.;~!.',\p.: ;:'* 1.""~t;..~' ;.-1':,. ., .', ',", THE MEMBRANE SYSTEM MAY ONLY BE INSTAu.ED ON A COMMEAClAl. NONRESIDENTIAL BUILDING BY A CAAUSlE AUTHORIZED-APPUCATOA ACCORDING TO CARUSLE SYHTEC INCOAPORATED'S STANDARD WRrTTEN SPECIFICATIONS AND \lUST BE WARRAHTED FOR EJTHER AVE (5), TeN (10), FIFTEEN ~5), DR TWENTY (20) YEARS. . " ..,.,' ,j"~: ~"'1 ';'~~J~;:-"\.'-;"'( " eJml.t c...... lyaTec IMorpoN*l nus IS TO NOTlFY CARUSl.21ltAT we AAVE BEEN AWAACtiD ... COImVoCT TO INstAlL "lllE CARLISLE AOOF1NG SYSTEM SPEClAED FOR THIS 8UIl.DING .... ...... ....ONL NOTICE OF AWARD .U'Ul.."'.... Wa 1 Mart BUlUllNG ADDRESS ,..... \;' """""CT I "t'\ CONSULTANT ........... NAWEOF . AUTHClRlZEDN'f"UCATOR Hurr 1. cane IN" ) Roofin ................,., o 5 YEAR ,E]10'l'EAA -L:]15YEARlHMONLV) o 2OY9oR(HUONlY) TOTALij1SW"'RRANTl' 1lAT!RLlL WARIWf1'Y 1 ~ SUM-sEAL t 1 o StJRE-weLO OBAlTE-PlY 2..080 FREPDM 3. .045 AEINF. EPDM .....010 RE1NF.EPDU 5. .075 REINF. EPON 6..080 BRlTE-PlY FlEECEIlACK su........ I. REECDACK lCO SURE.SEAI.. D. FlEECEMCK 115 BArTE-PlY 10. Fl.EECEBAClC 100 BAIT!.f'l.Y l'.FlEECEIIACIC115 .2 "'" 13. AFXPU!S MEIefWE fASTENER * MANUt'.I. l"'i"Tl; c:.ll::& 2 ....."',.uv..)l,. lEN01lt . RANHA PlATE S. PlRANHA-EXTRAPLATE I. SURE - T1TE BAR 7. METAL FASTENING BAR AOOI'STATUS NEW CONSTRUCTlON MEMBRANE FASTENER "ACING (O.C.) o IT lmr DOTHER ~J..:MPIINWCI 1 STEEL/WOOD 2- FAST ADHESIVE . CONCRETE ... LIGHTWEIGHT 5. lYPellllN~T .. HP PURUN 7. MODIFIED ASPHALT . ""'ER . DECK. LT. WT. CONCRETE, INDICATE BRAN)" DECK TYPE BENEATH: """"0 1. STEEl 22 GAUGE OFlHEAVlEfI 2. STEEL LESS THAN 22 GAUGE 3. STRUCT\JflAL CONCRETE 4. OTHEA 2. REFlOClF/NOTEAROFF IOF EXlS'ONO AOOFlNG SYSTEMl 3. REROOF I TIOAR OFF (OF EXISTING ROOFING SYSTEM) .. MEMBRANE REMOVALONL.Y e, (CfTY) OWHDII CONTACT (ST"" Porn ano Beach ". Florida 33073 WARRAH1Y'fnfD~(IIIlPHt 0" 012 o OTHER c p 954f ( ( ) ) ) 9d4~0988 N ......-.0 ~04S SlJRE.W1i:LD ~.oeo SURE.WELD 18. .072 SURE.WELD 17. .oeo SUM.WELD SURE.WELD 18. FlEECESACK 100 SUFlE.WEU) It. R.EfCEBACIC 115 ......WW> 20. R..EECE8ACK 135 o SURE.TOUGH (.075 FlEINF. ONt Y) o HAlL~"FASTONLY) AOOlTlONAl TWO YEAR APPUCATOA RESPOHSlSlI..llY S'tSlBIS ONL NO,CWIltOClFLI'VElS 1 ..~ADHESIVE (9OHDltG ADHESIVE) 1. 110-8-300\ SPECtAL. WARRANTY o REFLECTMTV(WHITESURE-'M::LOONLV) o SlRE-WElD EXTFIA (.072 " .0lI0 SWONl.Y) DYES i:I NO I SlTEIoIONITOASO ves:IJ NO 'fir"'"' FlEUl...... wont ROOF"OPE (It. PER fT.) 1 4 2. 8-500 3. SURE - WElD . TOP COYERIHG 1. AOUHDEDWATER WORNORAVEL (FORF'leeceBACKONLY) 5. FAST100 ADHESIVE II. FAST102 ADHESIVE (FOR HN SYSTEU) 1. MOOlFlEOASPHALT 8. TYPeIlORIV ASPHALT II. OTHER 2. CRUSHED STONE . ACllYUC T. CONCRETE PAVERS (NOTE SIZE" BRAND) COAT1l<G S<ZE 'RAND . IIVPALON . HP PROTeCTIVE .. ""'E. N/A IIA' 8. PERt..fTELT. WT. OClNCRETE 7. CEt.tENTlTlOUS WOOO FIBER 8. STEEL LfSS THAN 22GAUGE 4. cawLAR LT. wt.COtfCMTE 9. GYPSUM 5. VEMllCUUTELT. 10. COAAUGATEO wr. CONCAETI; STEEL (FlEFER TO CAAUSlE SPECIFICATIONS FOA PULl.OUT REQUlFlEMSNTS) IIUll.DlNGUSEIIELOWAOOF ~~[Y) * 1. APARTMeNT 7. ~ 13. GOVERNMENT MANUF./PROOUCT 2. INDUSTRIAL G 1.... BREWERV a ReTAIlSTOAEl ASPHALT RESl'AlJRANT 15. HANGAR 9. ~Al.MEALTH 16. ~~'r0lD 4. eOUCATlONAL 10. OORMlTOR'l'J 6. OTHER NOH- IJETEHTlON FAC1L .' ~ESIDENTlAl... 11. WAREHOUSE 3. INlCRLOCKlNQ RUBBER PAVERS .......l1ON (UST FROM TOP) * MAHUF. 'Ci:)r'; Co' 0 . 10. SPf' INStll.ATlON f IJNDEAt.AYIIENT TYPE 1. EPS 7. HP RECOVERY ""'.0 ORIENTED STRAND 1lOAR0 PERUTE ... POLYlSOCYAHURATE 5. GVPSUM . .. BRANQ' 1. TH~ 3.6" 8. ABERBOARO a. HP PROTECTlVE MAT 2. 11. OTHER_ . EXJSTWO ROOF MEMBUHI! TYPE 1. fv~ORBl{t! a ~'WR~ 2.. g.,.1VELSURFACE 7. SlNGLE.pLV TYPE:_3. .. MODIFIED 8IT\Jl,lEN '.OTliER~ 3. COAL TAR PlTCN .... SPRAVED URETHANE S. MINERAL SURFACE TOTAL THIClCNESSOf"!JClIT1NIIIIOOF' INCHES 2.. SUNOECK .... OF ROOF 1. WEA THEA PROTECTlOH ONL V 6. TERRACE 7. O"rnER 3. GARAGE 3. WALKINQ DECK IILUI TECHNOLOGV ... PLAYGROUND 5. PATIO CARI.lSU: MeTAL WOftK USED? INTERIOR ENVlRONNENT o HIGH HUMIOI:TV O~ 1. SPUCETAPE 2. EP-C15 SPUCE ADHESIVE. o YES 0 NO 8. HOTEI./MOlB. 12.. REUGIOUS (AnACH FASTE~~Ll.~.~ DESIGN RMEW FOAM. OR MOlSTURE SCAN IF NECESSARY) SPl!.ctALCOHDrTJOftS . APf"I.lCATOR'SSlGNA Tn'1.E Pres ent INOTRUOTlONS 1. FIlLINALLSPACeSOORRECTl.V (SEE INST1"UC11ONS). SEND NOl1CE OF AWARD TO CARl.JSI.J; MANUFACTURER'S REPRESENTATlYE *SPEClFIClNFORMAllON IS REQUIRED FOR THESE ITEMS DIRECTIONS ON FRONT PAGE 4. REl"A1NCQPlES3..'" FOR YOUR FIL.E8. . . ATTENTION . . YES 0 NO ...ULATIOH 'AnENER * MA"". ,. Carlisle .. 5" .fr-r BRANQ' ,. LENGTH .. IolIN.INSULATlOH FASTENER SPACINQ . OF FASTENERS PER: 4' )C 4' BONlO: 4' X .. BOARD: 11. PLVWOOO(THK.)_ 12. OTHER ,. 1- eASE SHEETS I FELTS .. '- BASE SHEET FASTENERS . IS A PORTABLE LADDER NECESSARY? 0 YES .}.G. 5-7-03 ., NO FORM 600266 (REV SEND NOncE' OF AWARD TO (':ARUSlE MANUnCTURER'S REPRESENTATIVE' p (( Rhf"'>.--1 EXHIBIT A ~ CARUSlE MANUFACTUFIER'S REPRUENTATlVE APPPCNAJ. 2.. MAlLCOP'f 1 TOCARUSlE REPRESENTAT1YE. NOTICE OF . D FOR CARLISLE'S MEMBRANE SYSTEM,. , APPLICATION FOR ROOFING MEMBRANE SYSTEM WARRANTY THE MEMBRANE SYSTEM MAY ONLY BE INSTALLED ON A COMMERCIAl, NONAESSOENT1AL BUILDING BY A CARUSLE AUTHORIZED APPUCATOA ACCORDING TO CARUSlE SYNTEC INCQAPORATED'S STANDARD WRTTTEN SPECIFICATIONS Nfl) MUST BE WARRANTED FOR EITHER FIVE (5), TEN (to), FIFTEEN (15). OR TWENTY (20) 'tEARS. BUIlDING NANE . DATE AOOF OESlQNfSl OF ioWAN) o NOncE OF AWAJ!tO OF 8ULDlHG ADDRESS CMNER (COMPANY) i.. ,- """"" START OA CARlISL c.rta.e. ,,"Tee tnc:cw1IOratecI TltIS IS TO NOTlFYCAAUSlE Tl4ATWE HA~ IEEN AWARgO)AOONnW:T TO I"'TAU. THf CMUSlE AOCIf\NG SYSTEM SPECltrEO FClA llIS IUlUllNO -- . (CAAUa.E ... OM. Y) I , , ,C"", o (MINER (AOORESS) 20 0 1 ~E IS~E tOtn Street , OWNER CONTACT , , A Bantonville AR 727t2 , , A AACHfTECT 1 CONSULTANT HAMEOf .. AlITHOfllZEO APPUCATORt SYSTEM WARRANTY TOTAL S'l'ITE"WARAAHTY o !iVEAA .JJ 10VEAFI ....0 10YEAA "'lJ 1!iYEAR ";<'0 lSYEAR {HM ONLY) 0 ZOYEAR o 20 YEAR [HMONl.Y) 2. .0lS0 FR EPOM 3. .045 RElNF. EPOM <t..0lI0 RElNF.EPOIol 5. .075 REINF. EPOM e. 060 BRlTE.PL Y * MANUF. 1. 2. ::arlislc BRAN~ 1. LENOn< , .MSRANE FMTEHER SPACING (O.c.) 012' XJ'" OOTME:R ~~~ONt4:.EMBRAHE 1 STEEl/NOOO 2. FAST .A.l:M:SlVE 3. CONCf<ETE 4. LIClHlWElGHT s. TYPE IIIJIV ASPHAlT e. HP PURUN 7. MOCXf'lEOASPHAlT 8. OTHER ,..... I .- MATERIAL WARRANTY .>p SURE-SEAL O[) suAE~LO o BRlTE~Y FLEECE8ACI( SURE.SEAl II. FlEECEBACK 100 SURE-SEAL g. FlEECEBAOC: 115 SAITE-PLY 10. FLEECE8ACK 100 BRrT'E-PLY 11. FlEECEBACK 115 12. AFX 13. AFXPlUS 2. AEROOF I NO TEAR OFF (Of' EXISTING ROOFING SYSTEMI 3. REROOF I TEAR OFF (Of EXISTING ROOFING SYSTeM] -4. MEM8RANE AEMOVALONLY IF DECK IS LT. wr. CONCRETE,INDICATE ltAo\HD' DICk TYPE BENEATH: _D 1. STEELUGo\UGE OAHEAVlER 2. STEEL LESS THAN UGAUGE STRUCTURAl CONCRETE .. OTHER 2. E~ $PUCE ADHESIVE. . ACCESS TO fK)()F (CHECK ONE) -- WARRAHTYWlNDIPUD(IIPH) 0" on 0"""'" SURE-WELD 1 .Q46 SURE-WELD . .080 SURE-WElD Ie. .072 SURE-WELD 17. .080 SURE-wELD SURE.WELD 18. FLEECEBACk 100 SURE-W8.D 11. FLEECEBACK 115 SURE.WElD 20. FLEECEBACk 135 cJ CJ () " ( ( ( SPECIAL. WAR""Nn' o AEF1.ECTM!'! (Mimi: SURE.WELD ONLY) [J ~AE.wElO EXTRA (.072 &. _080 SW ONL VI o Yf5;p NO I SITe WONlTORS 0 YE~ NO ... _MBltAtE ADHESrYE .. (8Ot4OlNG AOHESIIIE) 1_ 110-1-300\ 2. B-5OO SURE-WELD _COVElUNG (FOR~KOHlY) 5. FAST100 ADHESIVe e. FASTI02 ADHESIVE (FOR HM SYSTEM) 7. MOOIFlEDASPHAlT I. TYPE II OR W ASPHALT .. D1ltER ,. ROUNOEDWATEFI . ,""vue 7. CONCRETE PAVERS (NOTE SIZE &. BRAND) WORM GRAVEL CDATlNO SOZE BR"'ND 2. CRUSHED STONE .. IM'ALOfl 3. INTERlOCl<lNG . HP PAOfECTlVE ,. OTHER .\) J !. RU8BeR PAYERS ....T - II e. ~~~-ETE .,. CEMENTlOOUS WOOD FIBER I. STUllESS THAN U GAUGE 7. .()4.S HTM 21. OTHER MEMBRANE "B""MIE FAITEHMlI PLATES/liAR 1. PQLYME.RSEAM PUlTE 2. HPlOCl<lNG SEAIolPLATE SEAM FASTENING PUlTE 4. PIRANHA. PlATE 5. P1RANHot.-EXTRAPlATE I. SURE - TITE BAR 7. METAl FASTENINQ BAA ROOF STATtJS NEW CONSTRUCTION INSUlAl10N (LIST FROM TOt') * ....UF. Car 1 i s6e , 3. BAAHO( 1. n<. , 3. "SULAnOH/UMOERLAYlllENTTVPE 7. HP RECOVERY BOAIlD I. FIBERBOARD I. HP PROTECTTVE MAT 10. SPF 11. OTHER EXISTING ROOF MEMBRANE TYPE 1. fv"W.rc:ro e. ~~R~A 2. GRAVElSURFACI! 7. SINGLE-PLY '"" 'M'Eo 3. ~TAR 8 MOOIFIED&m..INEN 4. sPRAYEDUAETHANE I. OTHER~ 5. MINEIW.. SURFACE TMAL TltlCKNESS OF EXlST1NG ROOF """"'. S1liEl22 GAUGE OfIHEAYIER :I. STAVCTURAL CCNCIlETE 4. CEl..l.lJl..AFILT. Wf. CONCRETE .:--, 'I. GYPSUM 5. VERtolICUU1'li:LT. 10. CORRUGATED Wf. CONCRETE STEEL (f'IEFeR TO CAAUSl.! SPECIFICATIONS FOR PULlOUT REOUIREMENTS) IUI.OINGUUla.OWAOOF ~~Y) * ,. AP.AATMENT 7. 0f'FlCEI8AHKJ 13. GOIIERNMENT ANANCW. 2. INDUSTRIAL 0 14. BREWERY REfAlLSTOAEI RESTAURANT 15. HANGAR 3. GARAGE 2. SUNOECK I USE OF ROOF WEA THEA PROTECTION ONl V &. TERRACE 3. .....AU<ING OECK 4. PLAYGROUND 7. OTHER 5 PATIO C""U.1SUl: 1lETAL. WORK USED? DYES OND (ATTN::l1 FA8TENEAPULLOlfTS. WlNJ ... EDlJc...nONAL 8. HOSPITAl../HEALTH CAA' 10 DORMITORYI DETENTION FAClL 11 WAREHOUSE 12. RELIGIOUS 18. FRE1:ZER/CotD STORAGE IN'Jl':RlOR EN\I1RONMENT o HIGH HIJ"lDIT'1' O~~T 5. OTHER NON. RESIDENTIAL EW FOAIIl. OR lIOSTtJRE SCAN IF NECESS"'RY) APPuCATOR.SSIGN...TUf\&;....':<~;. _ _._.:-:;.~.t'.__ . -. ~- IS SECURrTY ClEARANCE NECESSARY? ...tf YES 0 NO IS A POATABLE LADDER NECESSAAY? 0 YES .,,:f NO rm.ePre '. .en TE WOR ... .'. . .ot' :.,....,~/..:-:.......~..;;A~ -INTOR-TYP Rich. ; ~~"~~~'iUi""I', D N MB R FORM 600266 (REV. 09/Dl) SEND NOTICE OF COMPLETIO sident LE MANUFACTURER'S REPRESENT A TIVE 3 lNSUlATlOf4 FASTafER * MANUF. 1.(1~r'; ~1 p 2. BRANDI 1. LENGTH <on ,- 2. MIN. INSULATION FASTENER SPACING 'OF FASTENERS PER: 4' X 4' 8OARO; 4'X 8' 9OAflD: 11. PLYW'OOD{THK.l_ 12. OTHER MANUF.I PROOUCT ASPH"'LT ,. BASE SHEETS 1 FELTS 2 BASE SHEET F"'STENERS 3. JtKn. 5-7-03 . - 9/16/03 SE'P 2 3 2003 .. .... .. :> c .. .;;! . - $I' ., 8 <oJ ~ l5il i: l o o z !l. S' J ~ lD .. - o - - JUM \.~- . ; ~ G 0 n < ;; c c D. ~ EXHIBIT"A" 4 Q <:,\9- -df f~ J t [! 1. 0 a 01 I I I , I 0 I , I I 0 i I I I ~ G o ! ~~~ '(""0 , !~( . , I - '~ ! . -! $ , I r::. ! 6'$ , ' iff~ C/)O!,"" DO ii)ilJ)~ . rn <0' (,) V" 0 ~:::O' - -j;:' ~ D. ~ .~ . ~ --I . ~ f . 0 .....I!.. l........ 1!'II~llil!!!!fllili ~!l!gl,~~~~i~~~it~lf~ !l! !l!'~m!l! ii:..!,:.,~ "'le ;;:m" l;;1l;;~l:l,,~N.:.lI.," ~> ,... ".w 0.'"," ..,. t;;;:!f;i!;Rcnb ." .,,~ '<< c.tt ~~ ~~ ~ ROOFING SYSTEM WARRANTY #SW00825 Owner: WALMART STORES, INC. Address of OWner: 2001 SOUTHEAST 10TH STREET BENTONVlLLE. AR 72712 Type and Name of Building: WALMART SUPERCENTER #860-01 Location: 1699 NORTH WOODLAND BLVD DELAND FL 32720 Roofing System Specification Number: CMD030668A Date of Building Substantial Completion: SEPT 15. 2003 Area of Roof System: 209.400 sa. ft. Warranty Expiration: SEPT 14. 2013 Manufacturer's 24-hour Emergency Telephone: (800) 233-0551 (no answering machines or message center) Contact Name: CARLISLE ROOFING SYSTEMS.INC.. POBOX 7000. CARLISLE PA 17013 Contractor's Telephone: 954-984-0988 (no answering machines or message center) Contact Name: HURRICANE GROUP 4100 N.POWERLlNE, SUITE P-4 POMPANO BEACH. FL 33073 Upon completion of and after inspection by the Manufacturer of such work, Manufacturer agrees to warrantee the aforesaid Roofing System for a limited period and subject to the conditions herein set forth: Manufacturer warrantees, subject to the conditions herein set forth, that during a perlod of Ten (10) years from the date of Substantial Completion (as defined within Document 00800 - Supplementary Conditions), it will, at its own cost and expense, make or cause to be made such repairs to said Roofing System resulting solely from faults or defects in materials and/or workmanship applied by or through the Roofing System Contractor as may be necessary to maintain said Roofing System in watertight condition. Owners remedies and Manufacturer's liability shall not exceed the Owner's original cost of the Roofing System. In accordance with good roofing practice, the Manufacturer shall remove and replace all wet insulation (as defined In specifications) caused by water leaks covered under this Warranty (i.e. leaks resulting form circumstances other than those listed in the exclusions) and repair the Roofing System at no cost to the Owner, Warranty shall include materials and workmanship from the following items: 1. Membranes (including parapet waterproofing). 2. Membrane flashings including attachment to sheet metal flashings and trim, 3. Insulation. 4. Fasteners, cements, and adhesives. This Warranty is made subject to the following conditions: 1 . The Owner shall notify Manufacturer within 24 hours of notice by the Wal-Mart Roof Maintenance Department of leaks. The Manufacturer will respond with service within 24 hours of notice from owner (if not possible, then no later than 48 hours, however Waf-Mart retains the right to make repairs at Warrantor's expense to mitigate damages). EXHIBIT "A" 5 2. Specifically excluded from this Warranty is any and all damage to said Roof System, the building, or contents caused by natural disasters, including, but not limited to: earthquake, hail, lightning, hurricane, tomado, strong gale wind force (50 MPH or greater), or structural failure of the building or of the roof deck (as defined by a ficensed Structural Engineer and except that caused by the Manufacturer), fire, and acts of war. If the roof system is damaged by reason of any of the foregoing, this Warranty shall become null and void (AFFECTED AREAS ONLY) for the balance of the Warranty period unless such damage is repaired at the expense of the Owner. 3. Manufacturer is not liable for consequential damages to the building or contents resulting from any defects in said Roof System, including, but without limitation, any interruption of business experienced by OWner or occupants of the building. 4. All additions and/or alterations to the roof system shall be installed in accordance with the Manufacturer's written recommendations and tha Manufacturer should provide prior to acceptance to said additions or alterations. Should unauthorized additions/alterations be discovered by the Wal-Mart Roof Maintenance Department, the Manufacturer will be notified in writing within fourteen (14) days of such discovery, Provide at Manufacturer's discretion an inspection of the unauthorized additions lalterations and notify the Owner in writing of any remedy required by the Manufacturer within fourteen (14) days. This installation I inspection by the Manufacturer is to be done at a cost to OWner of no more than $500.00 to cover travel and time for the inspector. Provide inspection of said roof during business hours. Failure to notify the Owner of any required remedy shall deem the addition/alteration acceptable to the Manufacturer and the warranty will remain in effect 5. The area of additions and/or alterations shall be the only area of the Roof System where warranty is suspended. All other Roof System areas will have continual coverage under the roof warranty, 6. This Warranty is transferable within the ten-year warranty period, subject to Manufacturer's inspection, written approval and transfer fee payment. 7. During the tenn of this Warranty, the Manufacturer, its agents and employees, shall have free and unlimited access to the roof during the hours of store operation. 8. Additional conditions or exclusions: . IN WITNESS WHEREOF, this instrument has been duly exec d this 29TH day of OCTOBER iOJM-~{) I By Patrick D. McGradv "'- Director. Technical and Warranty Services Carlisle RoofinQ Svstems. Inc. . CARLISLE DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED BY CARLISLE. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE CARLISLE ROOFING SYSTEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. EXHIBIT "A" 6 LETTER OF TRANSMITTAL ./\a( / / ............. . \' " \ \).~~. t ' 0"0 SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerline Road, Suite P-4 Pompano Beach, Florida 33073 (954) 984-0988 tax: (954) 984-0665 www.hurricanesystem.com Date: 1/21/2004 Project Island Shops P,B, Pain Management Palm Beach. FL . Company: Address: Carlisle SynTec, Inc. Attention: We are sending you: ~SIIOPllrllwlng. Bond. Product Lltoroturo X w.".my ~PIItIal/FlnoI R...... ~SomPlu Pt.ns certificate of Insurlnee PrIm. cation. SUbcontrocl Agreoment Other ~ApplIcolIon for P.yment Chango Ordor kheduJe of V.lues _ of Comp/ellon COPIES DATE DESCRIPTION 1 01/21104 Notice of AwardIComPletlon Notice , These are trensmitted as checked below; =:]For Approvo' IT]FOrYOUruse L:]As Requested L:]For Your Review & Conment Remarks: Copy To: Signed: () EXHIBIT"A" 7 Ff3 ::." 200~ NOTICE or: AWARO-F'bR CARll~E'S MEMBRANEsYSTEM( ~es) 7Z~_ , . . I' <:. APPLICA nON FOR THE MEMBRANE SYSTeM MAY ONLY BE INSTALlED pH A COMMERCIAl. NONAESIDENTlAl BUIlDING BY A CAAUSLE ROOF1NG MEMB.RANE AUTHORIZED APPUCATOR ACCORDING TO CARLISLE SYNTEC INCORPORATED'S STANDARD WRITTEN SPECIFlCATlONS SYSTEM WARRANTY AND MUSTSE WARRANTED FOR EITHER FIVC (5), TEN (10), FIFTEEN (IS), OR TWEN1'1 (20) YEARS. BUIL..OlNG NAME Carfl....,..TIIC.._~_1lio4 THIS IS TO N()TIN CAflUSLE THAT WE HAVE BEEN AWAADeO A CONTRAcT TO INSf ALL THE CAAUSU: ROOFING SYSTaI SPECIFlEO FOR THIS ElUllDINO .101I NUMBER lCAAUSt.E USE OM. Y) l~' A CARLlSL ~ .., "<\ '" 1"::::- NAME Of AUTHORIZED APPlICATOR SYSTEM WARRANTY ..Q 5 YEAR V~OVEAR .0 IS YEAR (HM ONLY) o 2OYEAA(HMONLY) , NOTICE OF AWAAD i;: ;- I C' OWNER (COMPANY) \ l:-- ".N"\ 1\- \ OWNER {ADDRESSl ARCHITECT I CONSULTANT MEMBRANE FASTENER MANUF. t.~1\..\I'\I..l..- * 2. 8-500 3. SURE - WELD . TOP COVERING I. ROUNOED WATER WORN GRAVEL (FOR FIeeoI8ACK ONLY) 5. FA$T1OO ADHESive 8. FASTt02 ADHESIVE (FOR HM SYSTeM) 7. MOOIFIEO ASPHALT 8. TYPElllOFlIV ASPHAlT i. OTHER t t WVs':" WINO SPEEO (llPH) On D OTHER SPECIAl. WAIlRANTY D REFlECTMTY ('NHITE SURE.WELD ONlY) OSURE.WELOEXTRA(.072 a .080 &HONLY) DYES D NO I SITE MONITORS 0 YeS 0 NO FLEECI!8ACIC SURE.sEAL. .060 FREPDM . FLEECEBACK 100 .. SUFlE..seAL 3. .045 REINF.EPDM .. FLEECEBACK 115 4..060 REINF.EPDM 8RlTE~Y 10 FLEECBSACK '00 METAL RETROFIT .075 REINF.EPDM 8RITe.PlY IHM) HOT MOPPED .. .060 BRlTE.PLY ~~E8ACK 7. .045 HTM 13. AFXPlUS RqaF SlOPE (IN. PII!R FT.) IIi... 'I SURE.WElD 0 MEMBRANE ADHESIVE (BONDING ADHESM:) 1.. .045 SURE.WELD ,. 90 -e- 304 15. .ll6O SURE.WELD fe. .072 SURE.WELD 17. .oeo SURE.WELD SURE.WELD 18. FlEECE8ACK 100 2. CRUSHED STONE ~ ACRVUC 7. CONCRETE PAVERS (NOTE SIZE & BRAND) COATING SIZE BRAND .. HYPALON . HI' PROTECTIVE .. OTHER MAT us BRANOf ,. LENGTH '3i1 <.{t( 21 OTHER MEMBIlANE MEMBRANE FASTENING PLATES I BAR I. POLYMER SEAM PLATE HPLOCKING SEAM PLATE SEAM FASTENING PLATE PIRANHA PlATE PlRANHA-EXTRA PlATE SURE - mE BAR METAL FASTENING BAR 3. INTERLOCKING RUBBER PAVERS INSULATIO (L1st/rOUTOP) * MANUF. 1.1. 7~ . .u. ~"i~ :~ i- ". .. . INSULAnON FASTENER * " (14ft ~3 l-e. .. " EPS .. ORIENTED STRAND ' BOARD . FIBERBOARD 3. PERUTE .. HPPROTECT/VE "AT .. POl YISOCY ANURATE 10. SPF , GYPSUM .. .. '1,/ I "T'"' If, BRANOf 1. LENGTH MEMBRANE FASTENER SPACING (D.C.) D 12" ~. 0 OTHER . 1l 7'" _ tl'1"'C (; 3. REROOF I TEAR OFF (OF EXISTING AOOFlNG SYSTEM) EXISTING ROOF MEMBRANE TYPE SMOOTH BUR 8. SMOOTH BUR TYPE III OR IV TYPE I OR II AAVEL SURFACE 7. SINGLE.PLY U" TYPE; 3. COAL T AA PITCH e. MOOIFIED BITUMEN 4 SPRAYEOURETHANE i. OTHER_ 5. IoIINERALSlJRFACE TOTAL THICKNESS OF EXlmNQ ROOF INCHES 8. EXTRUDED POlYSTYRENE DECK TYPE 1. WOODP\..ANK STEel 22 GAUGE OR HEAVIER STRlJC1'\1RAL CONCRETE 11. OTHER_ MIN. INSULATION FASTENER SPACING II OF FASTENERS PER: 4' X 4' BOARD: 4' X 8' BOARD: ~~~~~~~iMBRANE ,. TEEL/WOOD 2. FAST ACHESlve 3. CONCRETE 4 LIGHTWEIGHT 5. TYPE 1I1/1V ASPHALT 6. HI' PURUN 7 MODIFIED ASPHALT 8. OTHER IF DECK IS LT. wr. CONCRETE, INDICATE BRAND & DeCK TYPE BENEATH: EAOOF I NO TEAA OFF (OF EXISTING ROOFING SYSTEM) 6.PERUTELT. wr. CONCRETE 7.CEMENmIOUS WOOD FIBER 8. STEEL LESS THAN 22 GAUGE 11. PLYWOOD (THK.)_ 12 OTHEA BAANQ 1 STEEL 22 GAUGE OR HEAVIER 2. STEEL LESS THAN 22iJAUGe STRUCTURAl CONCRETE 4. OTHER SUM TECHNOLOGY I USE OF ROOF '1. EATHER PROTECTION ONLY 4. CELWLAR LT. WT. CONCRETE 9. GYPSOM S. VERMICUUTE LT. 10. CORRUGATED wr. CONCRETE STEEL (REFER TO CARUSLE SPECIFICATIONS FOR PULLOUT AeaUIREMENTS) BUILDING USE BELOW ROOF ~~~~:~g[ Y) * .. MEMBRANE REMOVAL ONLY WALKING OECK 7 OTHEA .. APAATMENT .. INDUSTAIAL 3. GAAAGE .. EOOCATIONAL ,. OTHER NON. RESIDENTIAL .. HOTELJMQTEL 7. OFFlCEJBANI<I FINANCIAL t;\.ETAILSTOREJ \..:.;eSTAURANT 9. HOSPITAL.JHEALTH CARE 10. OOAMITORYI OETENTlQN FACIL 11. WAREHOUSE 12. REUGIOUS 13. OOVERNME~ 14. BREWERY 15. HANGAR HI. FAEEZER/COLO STORAGE INTERIOR ENVIRONMENT o HIGH HUMIDITY D CONTROU.ED ENVIRONMENT MANUF. f PROOUCT 2. SUN DECK 6. TERRACE ASPHALT L 4. PLAYGROUND BASE SHEETS I FELTS 5. PATIO CARLISLE METAL WORK USED? .. BASE SHEET FASTENERS I. SPUCE TAPE 2. EP-i5 SPUCE AOHESNE. DYES DNa 3. SPECIAL CONOmoNS (ATTACH FASTENER PULLOUTS. WINO DESIGN REVIEW FOAM, OR MOISTURE SCAN IF NECESSARY) o ACCESS TO ROOF (CH ,,0;:' ONE) IS S':.~~~Ct.CARANCE NECESSA.RY? ;/~';::;: TITLE INSTRUCTIONS I. · . ATTENTION. . ATM FORM 600266 (REV. 09/01) ARD TO CARLISLE MANUFACTURE~'S REPRESENTATIVE EXHIBIT"A" 8 04_ . - - To: ...1'~,l. ,L{,'/~4--- -VI-A- r+-'P. l.~Date: ~/'f/o y Re: Request for warranty pa~ork' q 5rf. qKtf, () . / Job Name: j;;E/v.....L S~ Applicator'S Name: f1/,A.rn-~ ~". ~::Ji.<- L,Au.. W~ FL-. ~ The Items checked below indicate incomp~te information as submitted on the Request for Warranty (Notice of Award) lor the above referenced project. Please provide the information as noted below to expedite the project approval process. ~ ~ (1) Building Name: (2) Building Address I City I State I Zip Code: (3) Owner Name: (4) Owner Address I C~y I State I Zip Code: (5) WarranlyType: (6) Project Size: (7) aximurii-(building) height: (6) Roof Slope: (9) ~1Tibrane Sheet Width: (10) System Type: A B Metal Retrofit Other: (11) Membrane Typl!l and ThickneS3: (12) Membrane Adhesive: ,I.- (13) Roof Status: New Re-roofTear Off Re-roof No Tear Otf (14) Existing Roof Type: (15) DecKType: (16) Building Use: (17) Seam Tecnnology Type: (16) Insulation Manufacturer I Brand I Type I Thickness: (19) ~astener Manufacturer I Brand I Type I Thickness: (20) Submrt accurale roof plan, (21) Notice of Completion: Start Date: Completion Date: (22) Date of Award: (23) Other: ,.- I( You may return this completed form to Carlisle's Technical Systems and Services Department at fax # (717) 24$-7121. If you hav" additional questions, do not hesitate to call us at (800) 441.3433. Thank you for your assistance. preparedbY:~~- l(;J; If-- Date: ROOfiNG AMERICA FOR OVER 40 YEARS ,.. ~-=Is~~r~~f)ll PIlOo"t !IQII "_: ''''~.S't~~C _'W'Il....,lI~...tllll'l~...to/l1 C iOlJZ c,"* S'1"1d kar~'1r_ p~l,wllSA Carll.l. SynT.t _rpm'" EXHIBIT "A" 9 6. .58 -..... .-" ' - "'l" 1Pf'1b FWl ~---J \3.. "?'-~ ~.... ~ ~~ ~ ~, . ~ D c-~ t~' ~\:, ~~ _ ~~-;: C1 :1<-" . f\: I ----r \ - ~ r-,~ -~ 0 ~ I ~ ~ I \ ' ~ ~ ! 5~tc~' ~ ! ( QPJ(//..)1 ~p 1 k I '" -;1:]--- ~ ....}2ft.) ~\J 0 n 'Dr w.'t7..L {\ {ytt(.J ~ l ' , IJ., D' I [ I...... /h.L ff(C'5 I ~ Cl t:tv 4-.4' ?JI.MI/I ! -lofL! vP ~ ' D", n Ci j;- +- UTI' _. pppJjrr:;{!. h A-<t7- ./I(f <,...,,' 1~lrr"/ - ,.\:1" 01 _ pl'~~r f1?c,;..(J t:?~.j(:'/ ,-----==. D 'I pcz.(. (tJ,.v. f.'dPN/, I i .~ 1 r Q () J _ /'Yf,N)/riEKJ Il/RIfP~ CW' 07J ! "'oJ'" ,Qj'~. :'f:,. /#U 4Ato '"-~~::~~___~_~~__\' QS7DJf @ 8.~ = #&2iS:J2 \ 13 ~/L 's 'Rcu.st ? . } rCJ-1'-c~\ She ( ? .. tl'f\'i \ , f,LF \ ~ j~ -2 G1 - ~ -- t==- , EXHIBIT "A" 10 t:fB 0 4 2004 &:! ~\\~ SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerline Road, Suite P-4 Pompano Beach, Florida 33073 (954) 984-0988 fax: (954) 984-0665 www.hurricanesystem.com LETTER OF TRANSMITTAL Date: 7/30/03 Project: Company: Address: Carlisle SynTec, lnc, PO Box 7000 Carlisle, PA 17013 Sea Cove Condominium Association Vero Beach, FL Attention: We are sending you: ~ShOP Drawings Bonds Product l.lterature Warranty ~partlall Final Relea.. Plans Prints Subcontract Agreement Samples Certificate of Insurance Specifications X Other ~ApPIIC.tlon for Payment Change Order Schedule of Value. Nollce of Complellon COPIES DATE DESCRIPTION 1 07/30/03 Notice of Award i These are transmitted as checked below: ~Fo; Approval c====JFOrYOUruse CTIAs Requested c=JFor Your Review 8. Comment Remarks: Please call with any questions, Thank you Copy To: Signed: EXHfBIT"A" 1 1 NOTICE OF AWARD FOR CARLISLE'S MEMBRANE SYSTEM \ APPLICATION FOR ROOFINd MEMBflANE SYSTEM WARRANTY NOllCE OF AWARD OF THE MEMBRANE SYSTEM MAY ONLY BE INSTAU,EO ON A COMMEf\ClAL, NONAESlCieNTIAL BUILDING BY A CARUSLE AUTHORIZED APPUCATOR ACCORDING TO CARUSLE SYNreC INCOf:\PORATEO'S STANDARD WRITTEN SPECIACATlONS AND MUST BE WARRANTED FOR EITHER FtvE (5), TEN (10), FIFTEEN (15), OR TWENTY (20) YEARS. C'ARlISL I I~ BUllDlNGNAME Sea Cove au,U>N<l ADORESS 1 6 1 E OWNER,COUP Elliot OWNER (ADORES$) 8 3 5 20th ,NAM ~';IT~T N NAMEOf' AUTHORIZED APPUCATOA SYSTEM WARRANTY o . YEAA o lOYEAR o 15 YEAR (HMONLY) '020YEARIHMONLY} ONTACT (S Place Vero Beach , TOTAL SvSTEM WARRANTY o 10YEAA o lSYEAA X) 20 YEAR 2. B (BALLASTED) 3. C (INVERTED) 4. MECH. _ FASTENED 5. METAL RETROFIT e. (HM) HOT MOPPED OTHER Fast 100 I MEMBRANE FASTENER MANUF. I. N la , . BRANDI 1. LENGTH ,. 2..060 FREPOM 3. .045 REINF. EPOM 4..060 REINF.EPOM 5. .075 REINF. EPOM 11..060 BRlTE-PlY (HA" FL 32960 " (STATE) (C, (STATE) MATEAlAL WARRANTY o SURe-SEAL o SURE-WELD o 8RITE-PLY MAXIMUM HEIGHT (fT., FLEECE8ACK SUAE-BEAL 8. FlEECEBACK 100 SURE-8EAL 9. FlEECEBACK 11! BRITE.PLY 10. FLEECEBACK 100 ElAITE-Pl. Y 11. FLEECEBACK 12. AFX 13. AFXPL.US 7. .045 HTM 21. OTHeR MEMBRANE MEMBRANE fASTENING PlATES/BAR ,. POLYMER SEAM PlATE 2. HP LOCKING SEAJoIPLATE 3. SEAM FASTENING PlATE 4. PIRANHA PlATE 5. PIRANHA-EXTRA PlATE 6. SURE - TITE BAR 7. METAL FASTENING ElAA ROOF STATUS ,. NEW CONSTRUCTION * MEMBAANE FASTENER SPACING (D.C.) o 12" 0 e" 0 OTHER ~~~~~=:M8RANE 1. STEEUWOOD FAST ADHESIVE CONCRETE 4. UGHlWElGHT TYPE III/lV ASPHALT HP P\JRUN MODIFIED ASPHALT OTHER REROOF I NO TEAR OFF (OF EXISTING ROOFING SYSTEM) 4. MEMBRANE REMOVAL ONLY ERooF, TEAR OFF OF EXISTING ROOFING SYSTEM) IF DECK IS LT. WT. CONCRETE.INDIC....TE 8RAND . DECK TYPE 8ENEATH: BRAND 1 STEEL 22 GAUGE OR HEAVIER 2 STEEL LESS THAN 22 GAUGE 3. STRUCTURAL CONCRETE N I A 4. OTHER SEAM TECHNOLOGY ,. SPLICE TAPE SPECIAL CONomONS . INSTRUCTIONS 2. EP-95St>UCEAOHESIVE. ACCESS TO ROOF (CHECK ONE) USE OF AOOF ,~P ( PCOOE) WARRANTY WIND SPEED (MPH) ass 072 ,. PTH." Ul'l'f o SURE.TOUGH (_075REINF. ONLY) o HAil (FIHeeSACK' FAST ONLY) ADOmOMAL TWO YEAR APPUCATOfl RESPONSIBIUTY (HM SYSTEMS ONLY) NO. OF ROOF lEVlLS SPECIAL WARRANTY o REFLECTMTY (WHITE SURE.WELDOklYj OSURE.WELDEXTRA(.on & .ceo SWONLY) o YES 0 NO I SITE MONITORS 0 YES 0 NO SURE-WELD 14. .04$ SURE.WELD 15..cleO SURE.WELD 16. .072 SURE.WELD 11. .010 SURe.WELD SURe.WELD 18. FLEECEBACK 100 SURE.WELD 1. ECEBACK 115 SURE.WELD 20. F\EECEBACK 135 IlACKONLY) FAST 100 ADHESIVE 8. FASTI02 ADHESIVE 2. 8-500 3. SURE-WELD .. TOP COVERING ,. ROUNDED WATER WORN GRAVEL (FOR H'" Y ,. MODIFIED ASPHALT 8. TYPE 111 OR IV ASPHALT 9. OTHER 2. CRUSHEO STONE ~ ACRYLIC 7. CONCRETE PAVERS (NOTE SIZE' BRAND) (" COATING SIZE BRAND .. HYPALON B. HP PROTEcnVE .. OTHERN I A lIAT 3. INTERLOCKING RUBBER PAVCRS $. PERUTELT. 'NT. CONCRETE 1. CEMENTITIOUS WOOD FlBER 8. STEEL LESS THAN 22 GAUGE 4. CEl.LlJlARLT. WT. CONCRETE 9. GYPSUM 5. VERUlCUUTELT. 10. CORRl.IGATED WT.CONCIlETE STEEL (REFER TOCARUSLE SPECIFICATIONS FOR PULLOUT REQUIREMENTSI ~Ull..D1NG USE BELOW ROOF COMPONENTS OF * HM SYSTEM (ONLY) APARTMENT 7. OFFICE/SANK{ 13. GOVERNMENT f'nNnn FINANCIAL MANUF.' PROCUCT 2. ""'bVs't~A1:' 8. RETAII.STORE.' 14. BREWERY ASPHALT RESTAURANT 15. HANGAR 3. GAl'IAGE 9. HOSPITAUHEALTH 16 FREEZER/COLC CARE STORAGE 5. OTHER NON. 10. goJ'rJ~Yb.C1L INTERIOR ENVIRONMENT 2. RESIDENTIAL ". WAREHOUSE 0 HIGHHUMICIT'Y . 0 CONTROLLED DYES 0 NO 8. HOTEI,JUOTEL 12. REUGIOUS ENVIRONMENT (ATTACH FASTENER PULLOUTS. WIND DESIGN REVIEW FORM. OR MOISTURE SCAN IF NECESSARY) INSULATION (UST FROM TOp) * MANUF. lr.::!l'rl ; c:l,::a ,R-10 INSULATION I UNDERLA YMENT TYPE 1. EPS 7. HPRECOVERY BOARD e. FI8alBOARO 9. HP PROTECTIVE lIAT 10.SPF BRANDI THK . ,. Carlisle 2. ,1.7" 3. 11. OTHER L YlSOCVANURATE EXISTING ROOF MEMBRANE TYPE 1. SMOOTH BUR 8. SMOOTH SUR T'YPf mOR rv TYPE I OR II ~~~VEL SURFACE 1. SINGLE-PlY 3. COAL TAR T't'PE:_ PITCH 8. MOCIFlEO BITUMEN 4. SPRAYEOURETHANE t. OTHER_ 5. MINERAL SURFACE TOTAL THICKNESS OF EXIsnNG ROOF INCHES EATHER PROTECTION ONLY 6. TERRACE ,. 2. SUNDECK 3. WAU(ING DECK 4. PLAYGROUND 5. PATtO 1 OTHEFI CARUSlE METAL WORK USED? 4. EOUCAnOHAL INSULATION FASTENER * "ANUF. ..Fast. 1 00 BRANDI 1. LENGTH 2. MIN. INSULATION FASTENER SPACING . OF FASTENERS PER: 4' X 4' BOARD: 4' X 8' BOARD: 11. PLYWOOD (THK.)_ 12. OTHER 1. BASE SHEETS I FELTS SASE SHEET FASTENERS . IS seCURITY CL.EARANCE NECESSARY? 0 YES 0 NO IS A PORTABLE LADCER NECESSARY7 0 YES 0 NO 2 0 * * ATTENTION * * ,. FILL IN AU. SPACES CORAECTL Y (SEe IN$TRUCTlONS). SEND NOTICE OF AWAAD TO CARUSlE MANUFACTURER'S REPRESENTATIVE . SPECIFIC INFORMATION IS REQUIREO FOR THESE ITEMS CARUSLE MANUFACTURER'S REPRfSENTATIVE APPROVAL 2. MAIL COPY 1 TO CARLISLE REPReSENTATIVE. ONTORTYl'E) Richar FORM 600266 (REV. 09/0') , SEND NOTICE OF AWARD TO CARLISLE MANUFACTURER !.A.l1.Llj.l.!.Ilj\ Tl 1 ? REFER TO DIRECTIONS ON FRONT PAGE S (I S :.or~ - < ..... 56.67 ~" ~ ~ ~ I . \2) ~ C I> . ~~ ~ '~l .. ~ . 1\ ~ ~ ~ ~ 0 ~' ~.~ ~ 'a ~ '" ~. ~ 1\ ~~. Q " ~ ~ 'is 0\ ~ .\" ~ ~ ~. ~ ~. ~. ~ ~ . ~~ ~ !:<; -'Ii ~ "'i .~ ~. ~ ~ ~ ~ ~- 0 ~ ~ (., ~. ~ '" "I ~ I <:1'\ ~ :'I, -. ~ ~~.....~ 1 'I \ ~ ~ ~~ ~ 0 ~- co C':. -- 40 > t ~ , - I ~ \Tl ~c::. ~ 0- I OIl "'"t\ ~- ~~ ~ 40 >t - , ~ $l ~i p I- .?~ 4~ l:l ~ ~~~ . \ <:::J '" ~~~~ '~ <::l ro :;<: ~ ft;; ~ .. ~~ ~ ""r 4~ ~ 13 e ~ r It- .... '\\ ---.. IV , <: " 56.67 ~ of S~ ~'2 1{, J() ~ '-' [> \ UJ !l~ t:! i III .... ,,7' ~ ai en ::0 ~~ oaimgl c. ai lfm8 .... '< Co! g.~~~ - O~!!!. -n lil::J III r III IS -. c.>::J 3 III ":> ,..,:;' Qo .0"" ~ "-;.' ~ .". -C) (;' .,; 6 ~_ ~,t to' ./ W"D ~. '?" ;;i .:!:- ~ _,:"0. .- t3 :':L ~ r. .<:J .... EXHIBIT"A" 13 ~ . .~ \ . j~' ...... U\ \ . 11 R . t "".."Nll:::l ~~~~ ,,> ~ -< <:. '\1\"" I I~ . ~ . ~ ,1 ttt~ ~ i'~ ~ :1 ~ ~- ~ f1I ... I;:) ~r~ CD Ci \1\ ...., ," , ......... .-, " y ~'... ~ ,,;,.: - ..' .9- - ,;:;' ..!;. fJ) - .:<. ;~:.~ CI1 ...to ,.,. '.;) ~!h ~~&':ot i1 ~ a ~ AI 8 ~[ ~ i r = ~ i w ~o$l!!!. J"'H "'lil~ [ ~l ~ r- DJ 0 en (0)::1 3 -. - 1\)0-- i .... l!l".~' i: _I t.)~32. .... w ~!a. ~ ~ ~ l " T .. t i 0 C <:l \3> '" ~ ~!" .~~ ...~...." '" ~l:: ~ 'V ... -< '" 1 ... 1~7 m. '" '~, , ~ 5"""'" cf) ~ Co ~o ~ ~;~ ~ ~ .~ ',;~;L~ '0 ~ ~ ~ ~_ ~ ~. 1 ~ ~t .... 17~ ~ -o~ .;.. ~ ~ ~ ~ I" ~ ~~, ~ ~ ~ ~ (J, ~ ~ ~ ." ~ ~ ~""~'l'\ S: ~ ~. ~ 'S... '" ~ " ~ ~ ~ ~ ~ ~. ~ ~' '\)1, ~ ~ ~ ~ i ~ i 14,337 ;s. ...~ !'w 1 ~ ... ..e--l ~ 15"""'" i !:::l '" ... 'O~ ~'B - ~~~ ~ ~~ ~ \ ~ "" ~ '\.. ~ ~ ~ ~ ~ ~ ~ 7f ;1~. ~. ~." ~~ ~ ~ ~ G)<> 1 \\ ~ ~ . 0 ~ ~..).~. \1\ ~ ~~~. .~ ~'" I~ \ -\ '" .. 6:i ~ oB ~N. . Q. C>> ~ ... ~ ~g ~S $.. ~S t I '" '" '" 1 @ .. ~ .=800- =, m o ~ ~ . ~,. ~" ,t!) Th ~<> . <> ~~'W liiilo bl> -5 "'.w=,, t . ~~ 'jC ~ 1 .. ...... ~~ 3Q "'-.. EXHIBIT"A" 14 \ '. Carlisle :SynTec Incorp~Jrated . Carlisle Syn T ec Incorporated p.o. Box 7000 Carlisle, PA 17013 (717) 245.7000, FAX (717) 245.7121 :.'! CARLlSl SURE-WELD INSPECTION REPORT I REPAIR FOR WARRANTY Applicator: Rep: START ~I Ice I ('0"'-.11:" CgnlIP, <:'11 r TC" P_d /11 n n .....nhlT.... Pl1lill=h'1 pnMPiOrol'JII RJ:"or'~ P hl hlnnl"TI\lr::: R. /14/03 l"'-1r Tech Rep Approved Job Name: SE'~ rnul" r:ONnnM I N IllMS Location: I,lEHO 8EAI-:H. FL 11\1"- hlOAn Owner: EW IOTT HERR J LL COMM. MANAGEMENT 1"1 -n 0 73 System SW FILA Material SW FB 11 Square Feet468 I) (I RIIII nlNr::: PRODUCTSDrawingi:MD030670A Job# 137030008 Job Completion Date: OCTOBER 24, 2003 &.4 #~f~oofer ~~k ~@77.#~ Rejected (See below) Reinspect A/; (Y I N) JSI Rev. # ./ RATING: 1 2 3 4 5 6 7 8 ~ REPAIRS REQUIRED: The entire roof should be checked to make sure it meets Carlisle Specifications and Details, Below arB some of the repairs that must be made. To ensure a proper hot air weld prior to making repairs all membranes and flashings must be cleaned with soap and water, rinsed and dried; then wipe area with Weathered Membrane Cleaner prior to hot air welding. 1.0 Cut-Edge Sealant missing at exposed scrim edge. Repair: Apply Cut-Edge Sealant. 2.0 SW-9._: Missing termination at edge of membrane. Repair: Install appropriate termination per SW-9 details. 3.0 The vertical hot air weld splice is open. Repair: Cut away loose Sure-Weld Flashing"' and apply Sure-Weld Flashing surface splice extending 1-1/2" to 2" past any cut or open areas. 4.0 Cold weld 1 Wrinkles in hot air weld field splice. Repair: Apply heat to hot air weld mating surfaces together or apply a surface splice extending 1-1/2" to 2" in all directions past cut area. Apply Cut-Edge Sealant to exposed scrim edges. 5.0 SW-5, SW-9C: Flashing not fastened 12" O.C. Repair: Fasten flashing 12" O.C. maximum. 7.0 SW-8NB, SW.16NB; Missing additional membrane securement maximum 12" away from penetration. Repair: Install additional 2 3/8" HPX Plates maximum 12" away from penetration and overlay per SW specifications. 8. 0 Verify Water Cut Off Mastic has been applied under constant compression per Detail (s) 11. 0 Membrane securement missing at roof perimeters 1 inside angle changes greater than 2:12 slope 1 curbs. Repair: Install 2 3/8" HPX Plates and overlay per SW specifications. 14. 0 SW-6-_: Missing / Loose drain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut Off Mastic. 15.0 SW-16-_; Repair Sealant Pockets so / water cannot pond / pocket has 1" clearance between penetrations and all sides of pocket and achieves a 2" minimum depth. Thoroughly clean all penetrations, 16. 0 SW-8B/C; Field fabricated pipe seal missing deck flange I vertical wrap of Sure-Weld Flashing. Repair: Appiy a deck flange of Sure-Weld Flashing and/or a vertical wrap of Sure-Weld Flashing achieving all minimum hot air weld requirements. 17.0 SW-15A1B/C/D: Missing comer application of Sure-Weld Flashing. Repair: Apply a Sure-Weld field fabricated or Pre-Molded inside corner per Detail SW-15-NB, or one corner application of Sure-Weld Flashing or Pre-Molded Corner on all outside corners per Detail SW-15C/D. 18. 0 Non.Carlisle roofing material used in Carlisle warranted roof system. Repair: Remove non-Carlisle material and replace with Carlisle products. 19.0 Shop Drawing Inaccurate. Requirement: Submit a Revised Drawing to the local Carlisle Regional Center. 20.0 Debris on the roof. Repair: Remove debris. check for damaged areas and repair. . 21. 0 Caulk all Fasteners that penetrate a metal counter flashing and the membrane with a sealant by others. 22.0 23.0 I hereby represent, with full Intention that Carlisle Justifiably rely hereupon In the Issuance of Its warranty, that the project described above now conforms In Its entirety with all Carlisle specifications, details and installation instructions, REPAIRS COMPLETED ON BY Date Inspection No. Tech Rep Approved Attending Roofer Rejected Reinspect JSIRev.# _______ OCT 3 1 2003 Carlisle and Sure.Weld Aashing arl!l trademarks of Carlisle Corporation Cll996 Carlisle Corporation , '-' . . '_ _ ~ v ~'. PAGE 1 of EXHIBJJT "A" 15 ORM 85.5.~5 (REV. 10101) '-,HCl"-''01 Ul1dll - ,",CM .....UVt: L;UNDO.doc .---~-_. ---.-.-..--- ClrlisleSYIITeelllcorporlltd P.O. Bol7oo0 Carlble,PA17013 (717)U"'7000FAX(111)l4S.1UI Carlisle SynTec Incorporated CARLl5L TECHNICAL ASSISTANCE REPORT TO: JOB FILE DATE: 8-14-03 Check Appropriate Assistance: Start-up Job-In-Progress Job Site Visit Spot Check Project: SEA COVE CONDIMINIUMS Tech Rep Name/No,: DONALD BRIGGS 0536 Applicator: HURRICANE ROOFING CMD/AB#: 1~103oDDf If Spot Chek - Previous Inspector: Location: VERO BEACH FL Allendee: GEORGE LOPEZ System: SWIFB Sq, Ft: Date: REPAIRS REQUlREDIDET AILS DISCUSSED 1. THIS ROOF IS A TOTAL TEAR OFF AND A FB SUREWELD IS BEING APPLIED. THIS APPLICATOR IS DOING EVERYTHING ACCORDING TO CARLISLE SPECIF ACA nONS. THERE NEEDS TO BE MORE PROTECTION FOR OVERSPRA Y OF THE FAST 100 MA TERlAL. HIGHLY RECOMMEND THAT SCREENS BE MANAF ACTURED TO PREVENT BUll.DING AND PERSONAL PROPERTY FROM BEING OVERSPRA YED. THIS AREA IS AT THE BEACH AREA WERE STRONG WINDS ARE CONSTANT. I ALSO INFORMED THE FOREMAN THAT IF HE CAN SEE IT HE CAN SPRAY IT SO PLEASE PROVIDE MORE PROTECTION. NOTE: The above Technical Assistance Report is not an Inspection for Warranty. At the time of the technical assistance, this project was % complete. Please check the entire project to ensure it meets Carlisle's Specification and Details. An Inspection for Warranty will be conducted when the Notice of Completion (NOC) is received by Carlisle. This information is for your reference and need not be returned to Carlisle SynTec Incorporated, I EXHIBIT"A" 16 .. I_VI t-IV1 O\.vU Carlisle SynTec Incorporated P.O. Bolt 7000 Carliste: PA 1701 J 17171245.7000; FAX 1717)245.7053 :::B:::::~~:I:::I:t4~::}~:~Ji:tjd::::::~::WFM~:jwJf.~~1mf!~lt\~~~~~If.1i1:m1I::~~:~~:~:~I~:~1:~t~tt~f~~~~f.liWt: . I ..;:;1::0. .KU.I reIS.-..~~,.::;...,...,x>>.....;:....::; ... "",. ....0. ............._..............<.,...,...~.......;;:w,.>". .:::::::::::::;:;::::::~::;:::;:::::::;:::~;~::~;:::{::*:;:~::::'":::~::~~:::::;~:~::~;::::::~~$:;:;::::~;::::::~-::::::~:~*::M.;~:;:*:~;;:::;;~:;:;:;:;:i:~:;;;:::;:;~:;;::::::::;::\;;::;:;:::;::;::;:::::::::::~t:~::~::~:~:~::: ~~II[lllljllli'll[jmllllt'II~Jllltl.t.&lIlllil'llll~lI~IIII;~ HURRICANE SYSTEMS, INC, 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 HURRICANE SYSTEMS, INC, C/O SEA COVE CONDOMINIUMS 1 61 6 E, OCEAN DRIVE VERO BEACH FL 32963 Document Number/Date 90288693 / 07/11/2003 Purchase Order No. 9001 Purchase Order Date Sales Order No./Date 155559 / 06/24/2003 Customer No, 207519 Originator JOBADMIN Terms of Payment 2% 45 NET 60 Up to 08/25/2003 you receive 2,000 % discount Up to 09/09/2003 without deduction Discount Amount#1 299.98 Terms of delivery PP-FOB DESTINATION. PRE PAl DESTINA nON o 5,709,312 Net weight Volume Carrier L8 FT3 $8rd;ma;laHtiil':: .....:...~.;............'...;.'......;........:.............'.f.,.\.....'._.t.l.....(i.........;.,...il.!.:.t....l.....i...!...~.;...;....j.l..............,.'...........'...'...'..........:...;.......;.....................'...'.....'.........'.'..........................;...}.;......~...;'.;.'........;.....'.i... .....:.:.'.:::::.:,:.:.:.:.:.:;:..:..:.:.:.:.:;:.::.::'::':::::::::::::::::::':::::':::::::;:': ... . HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 .j\I~f.lllllltII11Itlrl~l\flit~lll!tllill1'flt\lfitlf"1~ Pro#rrrailer# Currency Shipping Point USD 0010 The document is pursuant to Carlisle's terms and conditions of sale in effect at the time of this document, Item Material Quantity Unit Price Amount Description DELIVER 7-3.03 8:30AM . PLEASE CONFIRM ASAP 24 HR CALL 954-984-0988. OT#20042938 001 0 301 061 48,384.000 FT2 0.31 0 1 4,999.04 1 ,711 4x4 ISO HP-W 11 FT2 Carlisle SynTec ________...._n______.~~~n_ Material Total 14,999.04 State Tax 899.94 County Tax , 49.99 Third Party Fre 395.70 _.._----_...._..._.~..~..... Final Amount $ , 6.444.67 Make all remittances payable to the order of: Carlisle SynTec Incorporated 22721 Network Place Chicago, IL 60673-' 227 EXHIBIT"A" 17 ~un ~~ U~ ~u:coa Hurricane S~stems, Inc. 954-984-0885 p,l / - .,(/J ) j 11JA.fC1 Iv ~ /1. j;i.:. ., tJ.l1 rl ~f pi rJ1, SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerhne Road, Suite P_. Pompano Beach, Florida 33073 (954) 984-0988 fax: (954) 984-0665 www.hlJrricanesystem.com FAX # 1Jlt} // To: Bob King From: Ingrtd Soroko for Rich Milanese Fax: 717-245-7125 Pages: 1 of 7 Phone: Date: 6/25/03 Re: Sea Cove Condominium Vero Beach, FL Urgent For Review Please Comment Please Reply Please Recycle Dear Sir, Attached please find a copy of the paperwork submitted for Notice of Commencement on above referenced Project. Ortginal notice is being recorded today. Should you need furtherinfonnaOon or have any questions, Do not hesttate to give us a call, Thank you, ~~~(l)~G Humcane ems, Inc. If you do nol receive elf the faxes please calf 954-984-0988 EXHIBIT"A" 18 ..Jun ~~ u..:s lU:cca Hurricane S~5tems, Ine, 954-984-0665 p.2 l'l.A1tnUWI nm,1) I I I I I I ......,.""...,. 1 I I I I I I , I , I , , , , 1 I I 1 1 I I I , I I I I I I I , I I , I 1 I I I I 1 I I , I 1 I I . I I I I I I I I NOTICE OF COMMENCEMENT (pU'AA& IN DIIPLICA'rtl } Slat. lIf Florida COlllltyof Broward T~o uAdenlpocl broby 1./'or.....U .o.oontll.hll..,.........1I wW h llIIdo Co ,oNI. ru.1 ProPlny, ..d.Il ac'.rd.. Sedlo. 71:1.1) 01 lb. FI.rld. Statu... tb. follow.lolDrmllloo Illlatecllo lbb NOTICE OP COMMSNClI:MENT, co Wltb Leeo' d ...rlpllo. or property (1..ludo Sl.....t Add......'h..I..bl.) , , ,~,J;:~, . !,!,):',~ ~S:,J:l!i~". .. .. . . . . . . . , . . , . . . . , . , . . , , " , ,.,... ,....,.".,",.,.,""",.,...,....,.",...,.."..,...,..",...,.,.".,..,..,......,.....".,.".,... """',.".,',....,.."",.",.....,.."".,......""',.,.".".,",........."",."..,.,.."".."""". Owaer'.1a.1eresC 1a lite or tbe ImprOyemeDt ........,',..,.,..,',."...,.,",..,.",.,.",.,."".....,.,.".,. Fe~ Stll'Lple 'flUe bolder Of Olh.t lblD. OWDer) Name.. ~I.J!....."... '"'''' ......r... ................".,.... ...........".................. ..... ...... '''' ..... ..... Add"", ..,...... ...........,.. ......... .................. '" .....,.. .... .....................,,,, .......,........... . Hurricane Systems, Inc. . COQtra,~tGr ',.,',.,..,",..".,...,...,..,"""',.."..,",..,..,',.,....,....,..".,.,.,."""".."..,....,......, Molm, ., ,~.l.?O.,l'!,'~.c:>:-:~,~~.~.~~. ,~.~!l:~...~!-!~.~~, ,~~..R9!l)P.a~9.,!'!~,~,<:h(..R~ .,~~.9?~.. ,..... .......,... Suuty (ir..y) . ~ (.~.......,..,...........,........"........ ..." .,..........................,......... ............... ,A"c1dl"UI ,."..,.,.,.".,.,.,.,...,...,"""',.,...,..""..",..,..".".,.",."""". Amount or 80121,1 s,. , "., . "" ^Q)' person maklnc a h~Ui for the C:ODIU'\ICUOQ or lbe ImprOYCmCDU; N.me: .ti I.lf.. . .... . . . . ,.. .. .. .. . . , , , .. .. . ............". .... ... , . . . , . . , ... ........ . ...... .. ...., .... ,.. .. ... .. .... ... ... ~:~~~:~Ilj,i~ '1~~'S(~'t~ ~'r'l'i~~i.i~ ;i.~i~~~r~d' by .~~~;; ~p'o'.' ;';b~';"~l;rl~~; ~~ ~'ti.;; dd.;;~;~i; ;,;;; b~''''~;d; ..... . . . . .. . . . .... . . . N.me . N! !'!. .. . . . . .. .. . . . .. . .. .. .. .. .. .. ... .... . .. . . .. . .. , . .. . , .. .. , , .. . .. .. . .. .. .. .. .. . .. . .. .. .. . .. .. .. , .. .. . , . . , Addrlt'il '... ...." '.,.,..,., '... ,., .."" ,..,..,..,..,.... ,.,."... '" .,...,..",.,. ',.".,."", ".,.", ..... ....... la addltloQ (Q blmlcJf. Gwocr dcslCDatcl tbe (01l0w181 perno tD rccclyc.. copy or cbo lteaor'.1 NOIIce..., provided In SlDC.:llou 7 tll:l(l)(h), FIQrlda. SI&hacl. FlU h~ at OWGcr'. opUou), Na.n\t """",.,."""."""".,.,.,." ",.".."...",."" ,.."., ,'..,., ,." ,..,',.,.."",.,'.,.,....... AclclrCA.1 ,...,..,"',...,..,',..",..,."...",.".,.,.",."".,",.".".,..,""...,.....",.."..,......., TKI:, SPACE FOR ll.ECORDER'S USE ON!..\' ' ,...,...,......,.,..,...,."".,..",."""...,.,. Owner . , , I I , , \ I I I , I l_ - - ---.. n_____ u - - - ---- -- -. - - - --- -------------..__ _ ____________.. __ _ _ __________n_ _n_______________.._. _ _ __ _ _ _ _ _ j Swora and sLlbsel'lbod bcroro mo thll.."."." day or,... , , , . "', " , ,... , ,to .......,.,.."..", "N;i~;Yj.'~b'li~""'''''''''''''' 'I EXHIBIT"A" 19 Jl.u.t;;..'Cl Murr I cane S~stems, I nc. 954-984-0665 p,3 .........., ...-.,... .... . .' .".. ..~:'. --...:. j:( '.~1 341~lt13 346137 .E:!:TABLISHING l' It ~~! : .., . 1;001\ t,l.i:. r ,:,.:. j(Ei::'.;::: . . CONDOMINIUM !'B3 IlAR - 7 '~:i::.,,;. - ~ J ,- ,'J.::' ,.- AMENDED DECLARAtION OF .~llfr. 30 : . ;.....: .:'. ~ .,..." ~! ~ I ... :::.: "!,' :.: ,: ~,: , :'!~ !.l;.: ': , '.:;....:1 ::"l~;i t::~.. I.t.\ . ".., f.l,;...tk.J.t~oc WHEREA.;;, CIT'i NA'rIONAL DANK OF MIAMI, Trustee, as Declaran>: an.d NORTHGATE PROPERTIB5~ INC., .as Developer, hereby amenll J..n tot:') the Oeclarati,:m ol Cortdominiwn submitted on the property hereinafter described, Jl"c. (." :J~9 NOW, THEREFORE! CITY NATIONAL BANK OF MIAMI, .-s Truste.e Un-jer Le.nd Trust No. SG~_ (the "Trustee"), a. national banking olssociation, cloes hereby del~lare as fol10ws:- 1616 - SEA COVE 1. In\:roduction and Submission, a. 'fhe Land, The Trustee owns fee title to' certain land '. located in Incl;u.n River CO\.1.nty, Florida, as more particularly described as follows: Lotti 1. 2 and J, Block 14, and Tract A, THE OCEAN CORl'OMt'ION SUBDIVISION, according to t.he P~8t:. tiled in the office of the Clerk of the Circuit Court of Indian River County, Florid.a, in Plat Book 3" pa9_ 9, b. Submission Statement.. The Trustee hereby submits t.he Land and a.ll l.mprovements erected or to be erected thereon, a).,l ea!le- men ts I r iC;'ht.s and appurtenances belonging thereto, and a.l1 other proper' ty, real. personal or mixed, int~nded for use in connection therewith, to the condominium form of ownership and use pursuant hereto nnd othar_ wi::se in tr.e mannl!l:r provided by the Florida Condominium Act as it exists on the date hereof, C, Name, The name by which this condominium is to be icentifi~d-rs-r616 - S~A COVE, a CONDOMINIUM (hereinafter cal~ed the "Condclninium" l. located at 1600 Sout.h Ocean Drive, Indian R.iver County, rlorida. d, Definitions. The following terms when used in this Deelaraticn and ~n Its exhibits, and as they may hereafter be &nended, shall h<.ive the Inean!n9 ascribed to them in this Section, except where the contex t clearly i,~dicat:es a diffl!rent meaning: .. (i) "Act" means the Condominium 1\C't (Chapt.er 719 of t.hEt Florida Statutes) as it exists on the date hereof and as hereafter renumbered . <iil "Developer" means Northgate Properties, Inc'r a G~or9ia corpor~tion ~utho.1%ed to du business in the State of ~lorida, its successors and assigns as to whom or which the rights of Oeveloper hereunder ~rQ speoifically a..i~nsd ur .cc.ue un~Qr law, " u: 1 (iii) "In:,tit\.ltionQl MQrtya,ge" means a mortgage h61d by a bank, savi~9s and loan association, insurance company, o. union pension fund a..utho;ci'Zed to do business in the Sttlte of Florida, or an :'lgency of the United States Goverrunent. , , (ivl IIUnit:. Owner" or "Owner of a Unit" or "Owner." means the Owner l':lt a. cond.ominiwn pare!!l, or, in the ease of parcels ,:)wned by the Truste!:, the beneficial Owner of such parcels. , 2. Sur\fe ana c1escri tion of im rover.nents. Annexed hereto :;j and e:xpres:ny mad", a part hereo as.Ex b t. A" con.:si15ting of :J49''':i ~::? (nu.-nbe:red :~-J\ through 39 -A) is a survey of thtil land and grilphi<:l !.,','_' descriptioll llnd pl.ot plans of the improvM\ents const.itut..ing t.h-:,: Condominiur.\, identifying the Units, the Common Elements and -th.;: ;'._ Limited Cor~~on &lements and their respective loc<<tion anA dimena1ona. ) Said surve~' and pl.ot plan's have be~n prepared by Dana Hc?,!.a.rd, Lu.nd Survey:~,1 ....;.; ."t:.'~ --'~ -1- '-r' EXHIBIT"A" 20 , ......._"-'a nurrlcan@ S~stE!ms, Inc. ,Jv........,J .11..l:. vO.,J\) ,,,., ,j.,:"'Otl.....Jvv i:.L.L,lV,l J.-~U:'l\'\11oL 954-984-0665 .......... .......' I:XBlatT -,,- L!GAL D~lPrIDN Allot the tOllovinq delcribed.unlt. of 1'1' _ SEA COVE, A CUMDcWllUOJII, .ccocdln9 to th. Decl.r&tlol\ t.hereof I rrcQrded in Ol:t1clal Record. look 65', at '.9'1 40 through IJ6.1nclullve. And ' 111 Ofticial Re~oC'dl' Book 660, 'Age t14. ot: the Public R.cord. of rlldhn R.1.vlu' County, rlcrid., ., rc-recurded April 1'. lUll in OI~(lchl Rr-C'orda 800t '&1. PAqca 2210 throu9h 2J1e 1nciusLve. 'ubUc Aecord. 01 Indian River CQunty, 1lorid.., Hi16 BUILDINC Unite 101, lGZ, 104., 105, 107, IDe, 109, 202, 204. 205. 206, 2,07, 20', 2lh, 302. 30l, 30., 305, 305, J07, 0308, lng, 402. 406. 407. 408. 409, S02, 504. 506. 507, 50' and 509. 1515 BUILDINO _ VILLA. UnIts 201, 202. 20]. 204, 301, 302, ]0] ..nd 304, SEACOYE BUILDING Otlh. 102, 10:1, 10~ .nd lOS. SEAcovr BUILDING - VILLAS Unit. ~D2 and 20], ICIC. 1T.,)lIT. . ;l'l, CY'l, SO n...nICll!,Clort.c_~ "Ja - -..,,~ --. T- ~.. :..... ~ f/. , :J,,'~~ ~,..r:" " 1", .:,~ ;-:-:: ~ ~.~ ...... or"c.. _.'1"'.". '.........4. ....e.. ..CI".......\.~., 119..... 0"""'1, "_ ..oC.'~~ co..co........ _D. ..'e_." ...C....... "'fl.'" ',0"".. )"to , '1,.~..O..( \10.1.'.0'000 EXHIBIT"A" 21 ~. .......; ~ ';:~~ to .., "..' :: ~~ \.: ;s; .... .. .... " ._~ ;';~.! g t- CO) 'i- p.4 oc........". I I . ~ ~ & . ~ e I e ~ " ~ r f ~ i 1 , "" C' <2:: "" =. "-, ~ "', if: .......... .......... ...V ..... vol .........~IC'd L\,L Vu..J'" 1'/\.\ Murrlcane S~stems, Inc. 854-884-0665 p,5 I 1':;)O~"'''vv ~...I",IV4 1-,'1(;.1\".1..\..01", ~ Y",> .~ DlIIII'f -A- ~ l.ICAL D&sat 1" lOot All of tho following d..crlbod unit. 01 1515 _ SEA COVE. A ~IUtJII, .l;'~ol'dlnlJ to ~hl Pel:1aratl.on theeeof, rec:ordec1 in OCtl~1.1 Recorda Boot '5', At Pig.. 40 thtough 136 lnelualve, .nd 1n otelclal Rel:grd~ 800~ G60, ._g. .'14, of the pUblic Recorda of Indian Rlver C:o\lnty, Florid., .. rt-re(!otded Aprll 19, l~a] in Ottlc:lal aeeoC'd. look 551.' Page. 2210 thro""~h 2]711 lnclulI1ve, ~ubllc: Recorda or IndiAn River County, .rlorld.. SEACOVE BUILDING Dnlt. 107, 201, 202, Z03, 204, 205, 206, 207, 302, ]0), J04, 305, 307, 403, 40S, 406, 407. SOl. 505. 505 .nd 507. .. Onlta 201, 2D4, 301, 30] And ]0'. SEACoVE BDILOINC - VILLAS m IT....,.. 1'/15""':;> n1II& n.UT, lIri .. _ _ 1,,- ~-'~~;'F c.~ t'- ~-, ~.') .,....11 .. Ol :il - ~ f.r~x ;... :.r~i?'> -ni:". , t:II~. . , :...... ..':'1., = .-:i: ,. N '" ..: .. :,:,:" ......,:..1 ~ . ~~ :;!' ,~~~~ ..:.J~i ;-:. I< '# '" <=> = .... LAo_ orriC". .............. ............ ....&0... ...g'r...... "'_". _....... Q.......~ .. . ..oe.&.... .l:O..cO..... -Q, ..,..,..\, ...1:....... ._.'. ."O.'.a :13,." . '''~''''''Q''. I'~.I .. '. 0.00 .,. "'" ,;::, '.... ,- '" ~, EXHIBIT"A" 22 ....__11 CO U..;J ~u:ctla ,n.. .... v....- ~ \.... "...."" I' :..~ ...'.........;.-,,:':;.:.,.,.....,.; ',': .';; Hurricane S~stems, Inc. S54-S84-0SS5 p,S I I ""UO"ll..Vv ...............l..vll-..Ii,;,t\I\ll.oL. .....1 v..,..- 'v scaEDULE ", '"-' LEGAL DESCRIPTION OF TRE "OAKS ONITS" All of the followinq described units of 1616 _ SL\ COVE', A CONDOKINIOM. aeeordi n9 to the Decl.;uatlon thereof, re.~orded in Otticial R.cord~ Sook 659, at Pages 40 thtOugh 136 inel'~9iv~, and in Officid1 Re:cords Book 660, Pa.ge 914, of the Public Lecords of Indian River County, FlorIda, as re-reC:Ol:ded April 19, 1Sl83 in Official Records Book 661, Pages 2280 throu9h 2378 :-nc!lu!;1.ve. P~blic R~cord~ of Indian River County,. FlorIda: 1516 BUILDING Units 101, 102, 104, 106, 107, lOB, 109, 202, 204, 205, 206. 207, 208. 209, 302, 303. 304, 305, 306, 307, 308, 309, 402, 406. 407, 408. 409. 502, S04, SaG, 507, SOu and 509. 1616 BUILDING - VI "LAS Units 201. 202, 203. 204, 3QL 3U2, 30J .ne! 304, SEACOVE BUILDING Units 102. 103, 105 4nd 106. SEACOVE BUILDING - VI"LAS Units 202 and 203, SCHEDULE IlA_2" L"GAL DESCRIPTION OF TaE 'VERO UNITS" All of the followin~ descdbed. uni ts ot 1616 _ SF~. COVE, A CONDOMINIUM, ac:cotdinq to the Declaration th.~eof I rec.)rded in Official Recol:'ds Book 659, at Paiea '0 thC'ouqh 1.36 inclu:;lve. and in Official Records Book 660, Page 914, of the Public Rl'cc'rds of Indian Ri.ve, County, Florida, 4S re-recorded Apc,i,l 19, 1983 i.n Officie.l ReeQrds Sook 66,1, P.ages 2280 throuqh 237S inClusive, Public Records of Indian River County, Florida: SEACOVE BUI"DING Units 107, 201, 202, 203, 204, 205, 206; 207, 302, ,,)). 304, J06, 307, 403, 405. 406, 407, 503. 50S, 506 and 507. S"^COVE BUILDINC - vrLLAS Units 201, 204, 301, 303 and 304. '" '" .... ,~ :;;:0 <:) '" .-- EXHIBIT\'A" 23 " .r , .. "2<>,5, '1 0531'1100 ;r- Carlisle SynTec Incorporated p.o. Box 7000 Cat1lsle. PA 17013 (717) 245-7000 Carlisle SynTec Incorporated e:IB C\~\"-1'-\-t\.'t- ~,~ ~r.p).~ AUTHORIZED ROOFING APPLICATOR AGREEMENT '2-11 "'" ~ ~ I);/JOO 2.00 I AGREEMENT made this 1t.- day of ~NU..\i)d y ,.~_, between Carlisle SynTec Incorporated ("Carlisle"), a Delaware corporation, having a mailing address of P,Q. Box 7000, Carlisle, Pennsylvania 17013 and ThQ... ~\.lrr'\canQ., aroU.p, Tne.-. L\ (nam~' ~anizatiOn). R. a.d "', 6.Y ~ teo . oU)O'hn.Q, 0 . (..J\.U, - t=:'~~\~P-AO, Box) ~tDT~ tt6l.\~l..\ -oq~%, (statel (zip code) (area code/telephone number) Rep/Dist, (" Applicator" I, fDrnpanO ~ l'l~itY) _ .., . -0(0(0 S . (area code/lax number) doing business as a: (check applicable box and complete line) 01, Sole proprietor, 02, Partnership; all general partners and their addresses are: all limited partners and their addresses are: ~, Corporation organized under the laws of FLo~\ l)f'r WITNESSETH In consideration of the mutual promises and undertakings stated herein, Carlisle and Applicator agree as follows: 1. Grant (a) Carlisle grants to Applicator the non-exclusive right to purchase and install Carlisle Roofing Systems ("Roofing Systems") consisting of all roofing products now or hereafter marketed by Carlisle SynTec Incorporated. (b) Carlisle reserves the right to sell, distribute and install Roofing Systems direct or through others. at Carlisle's discretion. EXHIBIT"B" 1 r .' the installation, or (ii) it has not been paid for Roofing Systems and the Standard Warranty. (d) At Carlisle's discretion furnish Applicator without charge technical assistance and advice for the pu'rpose of evaluating watertight integrity of the installation of Roofing Systems. It is understood that Carlisle does not engage in the practice of engineering or architecture; any information provided to Carlisle shall be reviewed by Carlisle for the purpose of evaluating the watertight integrity of the installation of Roofing Systems only and not for any other purpose including but not limited to reviewing or approving structural design, the integrity of the roof or its structural parts, CARLISLE MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. 4, Purchase of Roofino Systems (a) All orders submitted to Carlisle for Roofing Systems shall be in writing, or confirmed in writing, and signed by Applicator. All orders shall be subject to final approval and acceptance by Carlisle at its office located in Carlisle, Pennsylva- nia. Carlisle reserves the right to accept or reject all or any part of an order without reason. (b) Carlisle shall sell materials to Applicator pursuant to such terms. conditions, prices, and shipping practices as the parties may agree to, Carlisle reserves the right, in its sole discretion, to refuse orders from Applicator or to condition sales to Applicator upon payment in full in advance or other extraordinary credit/collection procedures, Carlisle reserves the right itself to change its price lists at any time. but in the event of an increase in the price applicable to orders already placed by Applicator. Applicator may cancel such order without charge or penalty by written notice within ten (10) days after the date of the announcement of such price increase. (c) Any sales, revenue, excise or other taxes applicable to Roofing Systems purchased by Applicator shall be added to the purchase price and shall be paid by Applicator, or in lieu thereof, Applicator shall provide Carlisle with a tax exemption certificate or other proof of tax exemption in a form acceptable to the appropriate taxing authorities, (d) No Standard Warranty shall be issued or considered to be in full force and effect unless and until Applicator has paid Carlisle for the Roofing Systems, Standard Warranty, and above taxes (unless Applicator has submitted appropriate proof of tax exemption to Carlisle), - 3 - & .' (d) Allow Carlisle, at Carlisle's option, to inspect Roofing Systems at any time prior to the expiration of the two (2) year repair period, and at Applicator's expense follow such instructions and make such repairs deemed necessary in the judgment of Carlisle to assure watertight integrity. At the end of said two (2) year period, Applicator shall have no further obligation to make repairs at its expense under this Agreement, provided that Applicator has promptly commenced and diligently proceeded to correct and repair all leaks brought to its attention during said two (2) year period and has successfully corrected and repaired such leaks and the conditions causing them, and further provided that Applicator has installed Roofing Systems in accordance with Carlisle's specifications, details, installation instructions and procedures. (e) Subject to the approval of Building Owner and Applicator's continuing status as a Carlisle Authorized Roofing Applicator, Carlisle will request a bid from the Applicator who completed the installation of Roofing Systems in the event that repair work becomes necessary after the above two (2) year period, 7. Warrantv to Aoolicator Carlisle warrants its material to be free from defects at the time of its delivery to a project site, Carlisle's liability and Applicator's remedies are limited to Carlisle's replacement of defective material. F.O,B, factory. Replacement of defective material will be made only upon Carlisle's inspection of the material. Applicator shall return defective material and Carlisle shall pay the cost of shipping only after Carlisle has sent definite shipping instructions. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LAW. NO REPRESENTATIVE OF CARLISLE HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN, 8, Relations Between Parties (a) Applicator shall not use the name Carlisle, Carlisle's logo, or any other Carlisle trademark or trade name in Applicator's firm name or assumed name or in any other manner, provided, however, Applicator may indicate in correspondence or advertising related to Roofing Systems that it is a Carlisle Authorized Roofing Applicator. Upon expiration or termination of this Agreement for any reason, Applicator shall immediately discontinue any use of any name, logo, trademark, or trade name used by Carlisle, - 5 - I I" " 11. Term of Aareement: Termination (a) Application to be an Applicator is not deemed accepted by Carlisle until an authorized Carlisle employee has signed this Agreement and has returned one signed copy of this Agreement to Applicator. This Agreement shall remain in effect until: (i) Either party cancels this Agreement with or without cause by giving thirty (30) days prior written notice of termination to the other party by certified mail (return receipt requested) or by facsimile and ordinary mail at the address stated herein or such other address as either party may designate in writing, (ii) Either party may terminate this Agreement immediately for breach of any covenant contained herein, (iii) Subject to any provisions of law to the contrary, there is an adjudication of Applicator as a bankrupt or insolvent, or entry of an order, remaining unstayed by appeal or otherwise for thirty (30) days, appointing a receiver or trustee for Applicator, or for all or any of its property, or approving a petition seeking reorganization or other similar relief under the bankruptcy or other similar laws of the United States of America or any state. or the filing by the Applicator of a petition seeking any of the foregoing or consenting thereto, or the filing by the Applicator of a petition to take advantage of any debtors' act, or making a general assignment for the benefit of creditors, or admitting in writing its inability to pay its debts as they mature, (b) Unless otherwise agreed in writing by both parties, termination of this Agreement as provided herein shall automatically cancel all accepted orders for Roofing Systems not shipped by Carlisle by the da1e of Carlisle's or Applicator's receipt of the termination notice. Upon termination, Applicator will immediately furnish to Carlisle a list of all jobs for which Applicator has been awarded contracts for the installation and use of Roofing Systems, If Applicator's account is not in arrears and Applicator has not otherwise breached the terms of this Agreement, then Carlisle in its sole discretion may fill orders for such jobs in accordance with the terms and conditions of this Agreement and will charge Applicator's account therefore. As a condition to filling such orders, Carlisle at its option may require Applicator to furnish a surety bond or other extraordinary credit/collection procedures in an amount or manner acceptable to Carlisle's credit department, (c) Termination of this Agreement shall not relieve Applicator from its obligations and liabilities hereunder, including but not limited to, its obligations to repair Roofing Systems as provided in paragraph 6, to complete the installation of Roofing Systems undertaken and not completed by Applicator by the date of the termination notice, and to make all payments due or accrued to Carlisle and other material suppliers, - 7 - z .. . , IN WITNESS WHEREOF, the parties have caused this instrument to be executed in duplicate by their representatives duly authorized as of the day and year first above written. W""""~~ W~ Carlisle SynTec Incorporated By: '-1"u.A S hetu\-4-/ ~ Nicholas J. Shears Vice President Sales Date Approved: 3.2$.0 ( 7A~ Iltu-rII';,H-<" ~;'j. ..TV/c. (Applicator) ~~ By: .------: . /' ~ ~ Title: r'l"'J/ t!'~ r Carlisle is a registered trademark of Carlisle Corporation - 9 - 4A/. ""' ~Jantag~ ROOFING SUPPLIES, INC. Re: Hurricane Systems, Inc. (Ir~~1 May 8, 2001 Bob King Carlisle Syn Tee Incorporated PO Box 7000 Carlisle, PA 17013 Dear Bob: Attached you will find a note, that I have received today, from The Hurricane Group advising about their "new name" change, As Richard Milanese indicated in his letter, the need to change their name is for ease of locating or finding Hurricane Roofing. please incorporate this change in your records as well as Hurricane' s agreement with Carlisle, Any future documentation or correspondence should have the new name. Additionally, please route this letter to appropriate departments in Carlisle to eliminate any potential mix up or problems pertaining to the name change. Should you have any questions or need additional information please feel free to contact me directly or you may also contact Richard Milanese at 954 984 0988. Sincerely, 7 7 [f< ~ sherif Ellaboudy Advantage Roofing Supplies, Inc. CC: Janial Mack, Carlisle Advantage Roofing Supplies, Ine, 8136 Deerbrook Circle, Sarasota, FL 34238 Tele: 941 9259057 Fax: 941 925 9067 Ma~ 08 01 10:29a Hu~ricane S~stems, Inc. 9:;~-IlIl~-U665 " p. 1 ~ SYSTEMS, INC. Single-Ply Roofing Specialists 4100 Nol1h PowerIine Road, Suite P-4 Pompano Beech, Florida 33073 (954) 984-0988 fax: (954) 984-ll665 -...hurricanesyslem.com , April 12, 2001 ATTN: Customers, Vendors and Friends HE: Col'p6nIte Nllme Clulllge Due to complainls received from some of you who have had difficulty finding us in your Rolodex's and database files, we have removed ''The'' from our corporate name, Now you can find us under "U" where everyone is looking anyway. Please be advised that the change is in name only, all other aspects of the Corporation remain the same, (See attached) Please adjust your data basis accordingly, Contact the office if you have any questions. Thank you. Sincerely, HURRICANE SYSTEMS, /Ne ~~~~" Richard Milanese Jr. President Ha~ 09 01 10:29a Hurricane S~stl!ms, Inc. llb't-llll't-U!;!;b ,'p.c: , ... ~,~~~~--~~, ,,;-:~. } f'{_,.~.. . . ",., ", - , ~. :.~~~ ~>~ ~~.- ,,' '>''''''c' n.' ~...;.~-;- , . .1 March 30, 2001 FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary or State David R. Farbstein, Esquire 2765 West Cypress Creek Road, Suite D Ft. Lauderdare, FL 33309 Re: Document Number P97000052839 The Articles of Amendment to the Articles of Incorporation of THE HURRICANE GROUP, INC. which changed its name to HURRICANE SYSTEMS. INC., a Florida corporation, were filed on ~arch 26, 2001. Should you have any questions regarding this matter, please telephone (850) 487- 6050, the Amendment Filin9 Section, Louise Flemming-Jackson Corporate Specialist Supervisor Division of Corporations Letter Number: 401AOOO19234 Division of Corporations . P.O, BOX 6327 -Tallahassee, Florida 32314 Ha~ 09 01 10: 3D.. ' Hu~rican@ S~stems, Inc. 954-984-0665 1.0;''-' 'p.::! " " ,. ARTICLES OF AMENDHENT Sf rILED D,v's,1f)H~ ~~Er. ,~. TATE . :'''mo/{~ Oll1AR26 PI1I:21 ARTICLE I - NAME Thal the name uf this curporation is THE HURRICANE GROUP, INC, ARTICLE II - ADOPTED AMENDHENT The han"" of this corporation shall be changed to HURRICAliE SYSTEMS, INC. ARTICLE III - METHOD OF AMENDMENT That the adopted amendment ~as adopted by the Incorporators and without Shareholder action pursualll to Florida Statute 60i,1005 in that no shares of the corporation have been issued. The aforesaid "Goptea amendment was adopled by the Incorporators on the ~ day of~, 2001. !N WITNESS WHEREOF, the undersigned Incorporator and Directors h"ve executed these Articles of Amendment, this ~ day of ~~,~ 2001. ICHARD F, MILANESE, & Incorporator STATE OF FLORIDA COUNTY OF EROWARD BEFORE ME personally appeared, RICHARD F. MILANESE, JR., to me well kno~n and known to me to be the individual(s) described in and who executed lhe foregoing instrument, and acknowledged bef.ore me that he executed the same for the purposes therein expressed. Further, said individual (s) furnished the following type of identification to the undersigned, to-wit: 0'-'';(,$ L.1I""'{oL IN WITNESS WHEREOF, I have hereunder set my hand and of[icial seal, in the Slate and County fi rnl:. above-mentioned, thi s ~ day or rf'nn/lAJ,2001. Q QQLbP/.~lCI: 0 OThRY PUBLIC MY Commission Expires: THIS DOCUMENT PREPARED BY: DAVID R. FARBSTEIN, ESQ. 2i65 W. Cypress Creek Rd, Fl. Lauderdale, Fl. 33309 Fla, Bar No. 195889 9S';-977-iS01 m,. C,IIOROKO /oj '. MY COIMoUS8ION I CC B583I9 fi'a1 EXPIRES:.IlJy 26.2003 ~lkindIdnw'ic:MrdNl.nl'Clt~ Received: 3/28/01 12:20; IIU4:.!UO",'U .> Uar..L3..IS..Le ~ynl.c .Lr1c.j r-..yv..: M~r-2e-01 '12:47 CARLISLE#SYNTEC ATLANTA " " '7704205310 P.02 r-- .,-- "- l~anial Mack. Traini.~9 Verif. Fo.rm ~=~_======- pageJ] From: To: Date: Subject: Laurie Strayer Cams, Rick; DeGregorio, Lisa; Evans, Peler; Ma... Thu, Feb 15, 2001 11 :48 AM Training Verlf. Form CARLISLE SYNTEC INCORPORATED TRAINING VERIFICATION FORM FAX TO LAURIE STRAYER (717/24!>-7245) WHEN TRAiNING OR START.UP IS COMPLETED Date: 2.15,01 Customer#: #05319/002 SAP#207519 Company Name: THE HURRICANE GROUP, INC. SUITE P.4 4100 NORTH POWERLlNE ROAD POMPANO BEACH, FL 33073 ~,D\ '~ 7; @ Contact: 11 954.984.0988 Fax: 954.984,0665 Telephone: Region: Rep I Distributor: J.S. MACK ADVANTAGE ROOFING SUPPLIES What Kind of Training is Needed?: Job Start-Up Completed: By Urn 8rlfJP-5 (Date) 0lJ, /0 I - OJ. 1a.y/oJ (Name) In-Shop Completed: (Name) (Date) - Carlisle SynTec Incorporated P.O. Box 7000 Canisle, PA 17013 (717) 245.7000 Carlisle SynTec Incorporated emlB Date: 2.i5,()\ " Mv. ~ Sl.{f1O~ To: From: Laurie Strayer Subject: Applicator Approval For: ~ EPDM Applicator rkrfl~G,),-,,-P 0 FBO Applicator PO"""-fCA.,-."i) tSea.vh. a 0 SWO Applicator The above referenced applicator has been approved by our Credit Department, Before final approval by the Sales Department, training will be needed. Your regional center will be contacting the applicator with the next available seminar dates, If you have any questions, please don't hesitate to contact me. Cc: 0- (Y"-a,c.L l':aUnl! Stray,er - Re: canno~ shne & Wayne Smith ,. " From: To: Date: Subject: ;Jt)ot:)/7 Page 1 1 Janial Mack Schwar, Steve 2/1/019:03AM Re: Cannon sline & Wayne Smith Yes Steve, I was planning to do that on the trip but somehow did not get it done I cannot imagine why. 1 have several that have been sent. 1. Wayne Smith is located in ocala where we really only have one contractor. Marion Service that we do very little business with. This is an effort on Butch's part to grow that market. I concur. 2. Cannon Sline is a contractor Sherif is submitting. They are a medium contractor with specific clients. ie International paper. We do very little business with Intemational Paper. 3. Hurricane Roofing - located in Florida is working on 4000 squares of Fleeceback. Hurricane is located in Pampano Beach a very weak area for us. Ron Goodman has spoken with Hurricane to help push the Fleeceback. "'~\ 4. Cannon Roofing Co. located in Sparlansburg SC is the sister company of Roof Masters also in the Carolinas. Cannon in increasing their single-ply market share and is interested in doing it with Carlisle. The only contractor we have in Sparlansburg is Sparlan Roofing. We need to increase coverage so as not to be dependent on one contractor. 5.McClure located in Orlando, FL is owned by Jeff Dille and Scott McClure. Jeff worked for Hartofrd South while I was covering Florida. Jeff has many years experience estimating singly-ply systems and can be a player in Orlando if he wants to be. Both jeff and Scott are interested in growing their business slowly and profitably. We need to be on their team. Janial >>> Steve Schwar 01/26 1 :23 PM >>> janial, Can you send me an e-mail on these two accounts with some justification to authorize, Thanks. .. The Hurricane Group Pompano Beach, FL Oct 29 01 11: OOa Hurricane S~stem5,Inc. 954-984-0665 p,.1 SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerline Road, Suite P-4 Pompano Beach, Florida 33073 (954) 984-0988 fax: (954) 984-0665 WNW. hurrlcanesystem_ com FAX To. Bob King Fro_ Rich Milanese Fax: ""* 21i 71<~ Pages: 1 of 10 Phone: Dat., 10/29/01 Reo Financial statement Urgent For R.vI.w Pl.... Comm.nt Pie... Reply Pleas. Recycl. . Comm.nts: Please find attached Hurricane System 2000 Financial stalemen!. Can with any questions, Thank you, Richard F. Milanese, Jr. If you do not r.celve .11 the f.x.. pl.... c.1I 954-914-0911 EXHIBIT"C" 1 Oct 29 01 11:00a Hurricane S~stems,Inc. HURRICANE SYSTEMS, INC. FINANCIAL STATEMENTS DECEMBER 31, 2000 EXHiBIT"C" 954-984-0665 p,2 Oct 29 01 11:00a Hurricane S~stems,lnc. 954-984-0665 p,:" HURRICANE SYSTEMS, INC. CONTENTS PAGE ACCOUNTANT'S REPORT BALANCE SHEET STATEMENT OF INCOME AND RETAINED EARNINGS STATEMENT OF CASH FL,OWS SCHEDULE OF NOTES PAYABLE SCHEDULE OF SELLING, GENERAL & ADMINISTRATIVE EXPENSES SCHEDULE OF CONTRACTS IN PROGRESS NOTES TO FINANCIAL STATEMENTS 1 2 3 4 5 6 7 8 EXHIBIT " C" 3 Oct 29 01 11:01a Hurricane S~stems,Inc. 954-984-0665 p.4 , . ' E. Gerald Block CEHT1FlEllI'IIIll.lC ACCOUNTANr 1.400 f. COfol..f'o\ERCIAL BOULEVARD, SUITE 719 FORT LAllOEROM.E.. FLORIDA 3)306 TEL (954) 776.0100 FAX: (954) 172-3&40 Hurricane Systems, Inc. Fort Lauderdale, Florida I have compiled the accompanying balance sheet of Hurricane Systems, Inc. as of December 31, 2000 and the related statement of income and expenses for the year then ended in accordance with Statements on Standards for ~ccounting and Review Services issued by the American Institute of Certified Public Accountants. A compilation is limited to presenting in the form of financial statements information that is the representation of management. I have not audited or reviewed the accompanying financial statements, and accordingly, do not express an opinion or any other form of assurance an them. c::/~ E, Gerald Block, C.P.A. Fort Lauderdale, Florida May 17, 2001 EXHIBIT"C" 4 Oct 29 01 11:01a Hurricane S~stems,Inc. 954-984-0665 HURRICANE SYSTEMS, INC. BALANCE SHEET DECEMBER 31, 2000 ASSETS CURRENT ASSETS Cash in Bank Contracts Receivable Loan Receivable - Performance Marine PROPERTY AND EOUIPMENT Trucks and Automobiles Equipment Furniture and Fixtures Less: Accumulated Depreciation TOTAL ASSETS LIABILITIES AND STOCKHOLDER'S EOUITY CURRENT LIABILITIES Accounts Payable Notes Payable (Sccedule-Page 5) Billings in Excess of Costs & Estimated Earnings on Uncompleted Contracts (Schedule-Page 7) LONG TERM DEBT Notes Payable (Schedule-Page 5) TOTAL LIABILITIES STOCKHOLDER'S EOUITX Common Stock-$l Par Value, 1,000 authorized shares, 51000 issued and outstanding Retained Earnings TOTAL STOCKHOLDER'S EQUITY TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 11,265 512,820 25,000 133,000 2,040 4,047 139,087 ( 74,818) $330,915 31,989 40,500 510 147,704 The accompanying schedules and notes are an integral part of these financial statements. EXHIBIT"C" 5 p,S $S49,085 64,269 $613.354 $403,404 61,736 465,140 148,214 $613,354 Oct 29 01 11:01a Hurricane S~stems,lnca 954-984-0665 p,6 HURRICANE SYSTEMS, INC. STATEMENT OF INCOME AND RETAINED EARNINGS YEAR ENDED DECEMBER 31, 2000 CONTRACT REVENURS $ 2,606,139 DIRECT COSTS Material and Freig~t Labor Subcontractors Auto and Truck Expense Equipment Rental Permits and Biddin9 Other Job Costs $1,445,730 195,907 436,501 33,323 12/567 4,174 11,442 GROSS PROFIT ON CONTRACTS 2,141,644 466,495 SELLING, GENERAL AND ADMINISTRATIVE EXPENSES (Schedule-Page 6) 284,976 INCOME FROM OPERATIONS 161,517 OTHER (INCOME) AND EXPENSES Officer's Compensa1:ion 40,500 NET rNCOME (Not:e 2) Hl,017 RETAINED EARNINGS, January 1 11,227 LESS, DISTRIBUTIONS MADE DURING YEAR 4,540) RETAINED EARNI1IGS, December 31 $ 147,704 The accompanying sche.dules and notes are an integral part of these financial statements. EXHIBIT " e" 6 Oct 29 01 11:02a Hurricane S~stems,Inc. 954-984-0665 p.? HURRICANE SYSTEMS, INC. STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31, 2000 CASH FLOWS FROM OPERATING ACTIVITIES Net Income Adjustments to Reconcile Net Income to Net Cash Provided by Operating Activities: Depreciation and Amortization Increase in Contracts Receivable Net Increase in Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts Increase in Aceounts Payable $ 141,017 $ 52,961 (385,658) 37,205 219,028 76.464) Net Cash Pr'ovided by Operating Activities 64,553 CASH FLOWS FROM INVESTING ACTIVITIES Acquisition of Equipment 40,385) Net Cash Used by Investing Activities ( 40,385) CASH FLOWS FROM FINANCING ACTIVITIES Increase in Notes Payable Distribution to Stockholder 15,967 4,540) Net Cash Provided by Financing Activities 11,427 Net Cash Incrp.ase 35,595 Cash at January 1 24,3301 Cash at Decl~mber 31 $ 11.265 The accompanying schedules and notes are an integral part of these financial st.at.ements. EXHIBIT " C" 7 Oct 29 01 11:02a Hurricane S~stems,Inc~ 954-984-0665 HURRICANE SYSTEMS, INC. SCHEDULE OF NOTES PAYABLE YEAR ENDED DECEMBER 31, 2000 Ford Motor Credit-secured by 1999 F'350, payable for 48 months at $681.06 per month (which includes interest), final payment 3-3-03. Ford Motor Credit-secured by 2000 F1s0, payable for 48 months at $416.59 per month (which includes interest). final payment 3-31-04. Ford Motor Credit-secured by 2000 Ford Truck, payable for 48 months at $674.12 per month (which includes interest) f final payment 12-7-04. Ford Motor Credit-secured by 1994 Explorer, payable for 36 months at $398.68 per month (which includes interest), final payment 8-25-02. Ford Motor credit-secured by 2000 FlsO, payable for 48 months at $495.36 per month (which includes interest), final payment 7-15-04, TOTAL EXHIBIT. "c" 8 PORTION DUE WITHIN ONE YEAR $ 8,173 4,999 8,089 4,784 5.944 $31 , 989 PORTION DUE AFTER ONE YEAR $11,578 12,081 18,202 3,528 16,347 $61 ,736 p.8 TOTAL $19,751 17,080 26,291 8, 312 22 , 291 $93.725 Oct 29 01 11: 02a Hurricane S~stems,Inc. 954-984-0665 p.9 HURRICANE SYSTEMS, INC, SCHEDULE OF SELLING, GENERAL AND ADMINISTRATIVE EXPENSES YEAR ENDED DECEMBER 31, 2000 Advertising Bad Debt Bank Charges Consulting Depreciation and Amortization Entertainment Insurance Interest Legal and Accounting Maintenance and Repair Miscellaneous ExpensE~ Office Expense Payroll Administration Fee Payroll Taxes Rent Supplies Taxes and Licenses Telephone & Utilitie.=; Travel $ 2,100 16,250 6,792 34,409 52,961 12,787 75,343 822 8,871 4,635 2,685 6,280 7,679 2,650 19,070 7,335 21709 17,347 4,253 TOTAL $284.978 EXHIBIT "c " 9 Oct 29 01 11:02a Hurricane S~stems,Inc~ :354-984-0665 p. 10 HURRICANE SYSTEMS. INC. NOTES TO FINANCIAL STATEMENTS DECEMBER 31, 20011. 1 - SIGNIFICANT ACCOUNTING POLICIES Activities: reroofing. The company's principal activity is commercial The work is performed primarily under fixed-price contracts. industrial Revenue and Costs Recognition: Revenue from fixed-price construction contracts are recognized on the percentage-of.completion method, measured by the percentage of labor costs incurred to date to estimated total labor costs for each contract. The same method is used for income tax purposes. The asset, "Costs and Estimated Earnings in Excess of Billings on Uncompleted Contractsll, represents revenues recognized in excess of amounts billed. The liability, "Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts", represents billings in excess of revenues recognized. Equipment and Depreciation: The company depreciation using the modified accelerated presentation and income tax purposes. records property at cost and computes cost recovery system for both financial 2 - INCOME TAXES No provision has been made for federal corporate income taxes since the company has elected to be taxed as a Sub-Chapter 's' corporation in which the individual stockholders report their pro-rata share of net income or loss on their personal federal income tax returns. 3 - NAME CHANGE As of March 7, 2001, the name of the corporation has been changed to Hurricane Systems, Ine, EXHIBIT " e" 1 0 Apr 28 03 01:55p Hurricane S~stems, Ince 954-984-0665 p,l SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North PowerUne Road, Suite P-4 Pompano Beach, Florida 33073 (954) 984-0988 fax: (954) 984-0865 WWN.hurricanesystem.cam To: Bob King / Carlisle ,....... Rich Milanese Fax: 717-245-7125 p...... 2 ..- 11II_ 4/28/03 He: Balance Sheet cc: o Urg.nt X For Review o Pi.... Comm.nt o Pl.... Reply o P..... RecyCI. . eo......-ts: Enclosed is the infamous "Balance Sheet" pursuant to your request. Thanks for your patience. If you do not receIv. all the taxes pi.... call (854) .1 i OMI. EXHIBIT"C" /~~;.::/' ,-' 1 1 Apr 28 03 01:55p Hurricane S~stems, Inc. 954-984-0665 p.2 Hurricane Systems, Inc. Balance Sheet As of December 2002 Dee 31, 02 ASSETS Current Assets Checking/Savings Operating polnte Bank 8885 Payroll Pointe Bank 1394 Total Checking/Savings 50,123 9,214 59,337 Accounts Receivable 641,247 Other current Assets Employee Adyaneo Loans Receivable Perfonnance Marine Robert urson Total Loans Receivable Total Other Current A..ets 4,872 25,000 2,500 27,500 32,372 Total Current Alsets 732,956 Fixed Assets Office Eq,uipment Machinery & Equipment Vehicles Less: Accum Depreciation Total Fixed Assets 11,609 27,452 119,467 (87.5681 70,960 803,918 TOTAL ASSETS LIABILITIES & EQUITY Liabilities Current LiabillUes Accounts Payable AlP - Overhead AlP - Trade Total Accounts Peyable Total CUlT8nt Liabilities Total Liabilities 12,065 548,534 560,599 560,899 560,599 Equity Capital Stock Retained Earnings Total Equity 510 242,807 243,317 803,916 TOTAL LIABILITIES & EQUITY EXHIBIT "e" Page 1 of 1 12 Feb 07 03 02:59p Hurricane S~stems, Inc. 954-984-0665 p.l SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerline Road, Suite P-4 Pompano Beach, Florida 33073 (954) 984-0988 fax: (954) 984-06~ VNNI.hurricanesystem. com'\.. 1b: Bob King I Carlisle ........ Rich MUanese FIPD 717-2~7125 p..... 3 P....... Dlllet 2/1103 - P&L-2002 eel o u",ent X For"""w 0 PIeaH c:o_t 0 PIeaH "-PlY DPI_.~ . c:o.....-'-' Bob, enclosed is the 'in house' P & L pursuant III your request. Please give me a call at the omce upon receipt of the same. Thanks. Cct/U 717/03- (J~J-~ ~. f7P/~ \i "..J- '", ') H y.... do not nulve aI' the r.xn,..... caR (llS4) lt8i Oltll8 ( fl, .1_', /J _).L(-o ~ ~ " -_ ,"(fit? Z :r ",q r' J( ~J..u,I-lIrf- !J.r i? If, P d P"-" ~~ .Fr;r . _ zy .-- lJ '5 itJ//Ztc/' z L-((I.~ .f'() r ~ dv' . , ~~,,- , . ',! . ~~~ ./ EXHIBIT " e" 13 Feb 07 03 02:59p Hurricane S~stems, Inc. Hurricane Systems, Inc. Profit and Loss January through December 2002 Ordinary IncomlllE.pel18. 'ncome New Construction Repairs Rorooftng Total Income Cosl of Goods Sold Consulting & Testing Dump Fee. Equipment Rental Matorials Permits Sales Commissions Subcontnlcted Services Total COGS Gro.. Profit Expense AdYertl.lng Ban~ Service Chal'\J8O CharltylDonallons CompUllJr E.pe..... Consulting Deprecl.tlon Expenoe Du.. & Subscription. Continuing Education Equipment R_lr Ice & Watar Insurant:e Liability Insuranca Medical Ralmbursements Group H..lth Total Insurance Interest & Finance Charge. lIcens.s & Fees Meals & Entertainment Office Repairs & Malntansnce Office Supplle. Staff La.slng Per Diem P..t Control Postage & Courier Prate.,lonal Fe.. Accounting LegalF_ Total Professional Fees EXHIBIT"C" 14 ~154-984-0665 p.2 Jan. Dee '02 2,592,813 152,498 749,248 3,494,559 3,945 6,403 6,425 1,882,130 8,227 1,500 580,696 2,489,327 1,005,232 3,600 285 5,250 2,540 2,363 17,364 500 300 6,421 1,420 31,122 795 7,609 39,426 15,230 477 4,259 2,419 3,892 417,929 27,614 445 2,881 2,776 27,456 30,231 Page 1 of 2 Feb 07 03 02:59p Hurr" i cane S~5tems, I no ~ Hurricane'Systelns,lnc, Profit and Loss January through December 2002 Rent Securlty Taxes Telephone Toola & Small Equipment Travo' & Lodging UIIIIU.. Vehicle Expen.. Fuel Inaurance Le..ed Vehlcl.. Maintenance & Repairs Tap & Llc.nsn Tolla & Partdng VehiCle Expen.. . OllIe' Total Vehicle Expense Total Expense Net Ordinary Income Net Income EXHIBIT" e" 15 954-984-0665 p.3 J.n - Dee 102 21,583 614 3,342 13,231 5,624 26,071 6,604 17,497 12,489 708 9,755 300 4,858 681 46,289 708,209 297,024 297,024 Poge 2012 CREDIT APPLICATION ='~-::\:.oT~ &;;.;5~tf.:;~~~{~ lk""", l'r.=:,~~ "/PROV .Eh:: ,-.,~ Special Building Addresa: Or.anizationaJ Structure Type of Busm- b ~ (' N'\tV<l(' tDt Proprietorship Date Bua. &tabli 1~l9.L Partnership If yrs. under present CODtrol__ Cj Corporation -t. If yrs, ill PresentlO!:8tion '-.3 StlProv, of Ioe, Businao ~ ,flsq) 9KR -O;'I;!5'il Number of Employ_: M-aementl \,BOOr..!..2-. Fax If tl5l/)_q~4 -o~"'~ ~ Do you deaire a monthly 81a1emcmt? Yes ~ No _ FederallDff <0 C; 0'7 _ :.~' __ Accountin. - Financial Statemcmt Year-End (Monlb) ~ , , OWNERs/PARTNERS/omc~ \ 1. , -";_l<i~~~~~'Q:lf ~~_~'f"MM~r.L><>- ~~!,~,~ :::.~~~!~;; - ;:: CREDIT REFERENCES: (Complete Addresses and Telephone Numbers Required) Telephone No. Fax JIIo. Ac:count No. Ii , ~ontact A=4 ) t]~ - 'i5COO ~<m"117D nlm I')Y\~ ~II... ( ) SECURED TRANSACTIONS - UNIFORM COMMERCIAL CODE FILINGS . Lien Holder Collateral Pledged 1. I"IOt1 0 2, 3. -~ 1. (Name) '. (~~L. . ~~~~~y 2. (Name) (Addresa) Suppliers 1. (Name) (Address) ~t 2. (Name) (Address) 6. (Name) (Addresa) BONDING ~RMATION: Surety Name pliOd ~on qpPr-/'>\')'A L Surety Addresa Bonding Limit [ARLlSL ( ( ) ) Q., (&/) 8103 - 'OIe>oc 13';) 7~" -e:ob LandvlUl'LJ ( ) A5'-j ) <13'0- 1~1 )'3 ~8'OD ~ta ~a.Icl.I2-z.., ( ) ~ ~ ~ ~/A '/'lo.r(~ ,VCLUjlli1 <foO) ~ ~ 6H~'d~ () !k:.r:,., ~~~~"'S8"le. ('1;),1) ~~-~~S- ~1l~r<lC.. ~.. Ith) ( ) ( ( ) ) EXHIBIT"C" 16 Apnt'. Name Apnt'. Addresa Amount Carlisle SynTec Incorporated P.O. Box 7000 Carlisle, PA 17013 (717) 245.7000 CarUsle SynTec Incorporated EXHHIT"C" ~ Acceplance of your order 18 exprnely conditioned upon ICCeptance by you .s the Buyer of the terml Ind condftlons alated below on this acknowledgment. C_ SynTec Incotpofaled (hereinafter .Selle"') shall not be bound by any Buyer's terms Ind condftlons of sale which attempt to Impose Iny COnditiono at VIriance with ~I terma Ind COnditiono of sale which Ire Included herein Of are Stlted on Selle(s technical dota 'heels, catalogs, 1_ Ind packages. SIIIe(1 flllure to object to provi8Ione contained In Buye(s forma shall not be deemed I waiver of the provlalon. of the SIlIo(I terml Ind COnditlona which ahaII _ute the Inllre contrect belMen the parties. ,. PRICE. Siller ....rv.. the right to change .. price _ule at any time without nolIce. In the event of In increa.. In price Ippl~ to ordeta placed by thl Buyer, the Buyer may cancel ouch ordete II any lime within ten (10) days Ifter nolIce of ouch increaoe. The lmount of the pI'8Ient or Mure lllel, rewnue, excise or other laxH Ipplicable to the goods, shall be added to the purcha.. price Ind shall be paid by the Buyer, Of In lieu thereof, the Buyer aha. proytde Siller with I tax exemption certillcate or other proof of tax exemption acceptable to the taxing luthorttieo. 2. DELIVERY AND TRANSPORTATION. In the lboence of prior opeclal """ngements agreed to by Seller Ind Buyer, gooda Ire oo/d and shipped II followa: (I) Sh/pmenta of 24,000 lbe. (I atandard truckload) or more Ire ooId F.O.B. dasllnatton. (b) Shlpmenta of Iesa than 24,000 lbe. (lesl than I alandlrd trucldoed) are sold with freight prepaid by Seller to deellnatton. HOWIYer, ~ WIll biN Buyer Ind Buyer wiN ply ~ for freight charges from SelIo(I Plant or Sello(l Dlltrlbutlon Center to point of delivery. (c) In boIh Inotances [(I) Ind (b) lbove), risk of loss In transit shall be borne by the Seller. 3. PAYMENT TERMS. Buyer "- to make peyment In accordance with terms stated on the face of the order. If Buyer dofau", is InaoIvent or II Buyer'1 credl Ie Impaired, Seller ohaIl ha.. the right to (1) domand payment In full for Iny gooda delivered or before proceeding with manufacture of gooda; (2) withhold shlpmlnts In whole or In part; Ind (3) recaN goods In transft. Invoices not paid within the lime period Illowed by the stated tonns will be 11- I ftnsnce charge of 1 1/2% per month (18% per year) on the unpaid ballnce or the maximum allowable rate permitted bylaw. TERMS AND CONDITIONS OF SALE 4. DELAYS. Seller ahaIl not be held reeponaible for dellY In deliveries hereunder If caused by fires, floods, strikes, labor dl8putes, ICCldento, Icto of _, prtorttJes roqulred or roqueated by Iny government luthorlty, tranlpOrtatlon delays, restriction. Imposed by Federal or Stote law or regulationa, SelIe(s inablllIy to secure raw materlale or oIher callMS beyond Sello(e control. 5. WARRANTIES AND DISCLAIMERS. Seller Wlrrento .. products descrlbed on the f_ of the order to be free from defect. In materials Ind ~nshlp. Sello(s IIablllly and Buyer'1 remldy Ire limited, at Selle(s option, to the replacement of defective goods at the F.O.B. point or repayment of the purchase price. Replacement of defective goodl or repayment of the purchl" price will be mado only upon Selle(s receipt of Buyer's written notice that the goods Ire defeclive, Ind upon Sello(s inspection of the goods, buyer shall retum defective goods Ind Seller shall bear the cost of shipping only Iller Seller has sent Buyer deIinite shipping Instructions. CARLISLE MAKES NO WARRANTY EXPRESSED OR IMPLIED INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF WARRANTY. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. 6. CANCELLATION. Exclpt IS provided In paragraph one (1), an order placed by Buyer Ind accepted by Seller shall not be canceled by Buyer without Sello(s written consent. Any cancellation shill be upon lerms thlt will Indemnify Seller against loss. 7. RETURNED GOODS. Except II provided In paragraph five (5), goods shill not be retUrned to Seller without finst obtaining fts written consent. Only goods currently being mlnufactured by Seller Ind sold to Buyens within ninety (90) daye from the dste of the order .hlll be con'idered for retum. Goods eccepted for credit shill be subject to I minimum service charge of twenty-five (25%) percent of the orIglnll purcha.. price. All transportation charges Ind r1sks of loss shall be borne by the Buyer. Goods custom manufactured for Buyer's speciflClltions shall not be eccepted for credft under eny circumstances. 8. GENERAL The faUure on Sello(s part to Inslst upon a strict performance of any of the lerms .nd condllions herein ahall not be cleemsd to be I walver of ouch terms or COndlliona or of any rights or remedies which SeUer may hs.. In demanding atrlcl performance of aN the tenns Ind COndIlIon. herein contained. Remedies hereln reserved to seller ahaU be cumulative and additional to Iny other or further remedies provided by law. The taking of Iny Ictlon by Seller shill not be cleemsd to be In election of that action to the exclusion of othens. The caption. Ire Inserted only IS I matter of convenience and Ire for reference and In no way denne, IImll or descrlbe the scope of this agreement nor the Intent of sny Provision thereof. This Ickncwiedgment together with Buyer's duly Iccepted order, constitutes the entire Igreement between the parties hereto and may not be chlnged or modified except In writing signed by the partl.. to be charged. The agreements sh.1I be governed by the laws of the ComlllDnMllllh of Pennsylvania. SELLER RESERVES THE RIGHT TO ACCEPT ALL OR PART OF ANY ORDER. The Buyer hereby acknowiedges receipt Ind agreement to these terms Ind conditions which shall, until further notice, IppIy to III contract. for the sale of goods entered Into with Seller. 01/29101 The Hurricane Group, Inc, Profit and Loss January through December 2000 Ordinary Income/Expense Income Management Fee New Construction Repairs Reroofing Total Income Cost of Goods Sold Dump Fees Equipment Rental Materials Adhesive & Sealant. Fasteners Insulation Membrane Miscellaneous Roof Cement Sheet Metal Tile Warranty Materials. Other Total Materials Pennlls Sales Conmlsslons Shop Supplies Subcontracted Services Total COGS Jan - Dee '00 178,223.62 2,212,641.63 25,146.38 249,332.49 2,6e6,344.12 Gross Profit Expense Advertising Bad Debt Expense Bank Service Charges CharftylDonatlons Computer Expenses ConSUlting Education Equipment Repair Ice & Water Insurance Group Heallh Liability Insurance Medical Reimbursements Insurance - other Total Insurance Interest & Finance Charges Licenses & Fees Loan Payments (UnamortiZed) Ford Credll2000 F-l60 Ford Credll2000 F-360 Ford Credll 94 Ford Explorer Ford Credll99 F360 White Total Loan Payments (UnamortiZed) Meals & Entertainment Medical (Costs not Insured) Office Repairs & Maintenance Omce SUpplies Payroll Exp Admin fee Gross Wages Payroll Taxes EXHIBIT"C " 5&1.24 12,566.95 34,621.38 24,305.05 473,157.30 729,188.94 47,797.58 1,153.77 53,706.38 6,063.73 19,925.15 41,003.64 1,430,927.62 4,173.64 10,892.00 0.00 446,181.03 1,905,291.88 7&),052.44 1,010.22 16,250.00 6,791.87 1,000.00 2,152.15 34,400.64 299.00 218.38 570.15 4,819.38 24,169.59 200.00 0.00 29,188.97 188.17 1,659.70 4,535.01 6,269.28 4,883.88 7,029.00 22,698.07 12,787.21 440.00 4,416.32 2,415.11 7,679.00 236,407.35 2,660.43 Page 1 18 01/29/01 The Hurricane Group, 'nc. Profit and Loss January through December 2000 Work Comp Total Payroll Exp Postage & Courier Professional Fees Accounllng legal Fees Professional Fees. Other Total Professional Fees Rent Security Suspense (To Be ClaSSllled) Taxes Personal Property State Taxes - Other Total Taxes Telephone Tools & Small Equipment Travel & lodging Uncategorlzed Expenses Utilities Vehicle Expense Employee Auto Fuel Insurance lease Pm! 99 Corvette lease Pm! 99 F350 Maintenance & Repairs Tags & licenses Tolls & Parking Vehicle Expense. Other Total Vehicle Expense Total Expense Net Ordinary Income Net Income Jan - Dee '00 46,154.15 292,800.93 1,598.re 4,365.25 2,405.90 2,110.00 8,871.15 19,069.86 751.26 1,444.82 183.50 758.75 127.re 1,049.3:) 15,625.74 8,764.56 4,253.40 0.00 1,721.82 :n:J.00 14,399.20 10,047.10 8,271.44 8,ace.20 895.83 450.50 860.66 0.00 42,C64.03 532,678.86 227,373.78 227.373.79 EXHIBIT"C" 19 Page 2 /' d ,/a~ all 01 10: 29a , ,Ii i,l / ./ March 30, 2001 HU~ricane S~stems, Inc. { 954-994-0885 "~i~:rt~~ "" h . i . h ~ ~.s.:. "tfl.~." 1;- ~~ ~'_!':~ v: ,.~;~ I;:.....'t~;il"~<j ) ~....f.:,",' \, ..;. FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State David R. Farbstein, Esquire 2765 West Cypress Creek Road, Suite 0 Fl. Lauderdale, FL 33309 . . 'P,2 Re: Document Number P97000052839 The Articles of Amendment to the Articles of Incorporation of THE HURRICANE GROUP, INC, which changed its name to HURRICANE SYSTEMS, INC,. a Florida corporation, were filed on ~arch 26, 2001. Should you have any questions regarding this matter, please telephone (850) 487- 6050, the Amendment Filing Section, Louise Flemming.Jackson Corporate Specialist Supervisor Division of Corporations Letter Number: 401AOO019234 Division of Corporations - P.O, BOX 6827 -Tallahaasee, Florida 32314 EXHIBIT"C" 20 CARLISLE 5vNTEC INCORPORATED Customer Financial Services Box 7000 Carlisle, PA 17013 Phone (717) 245-7000 Fax (717) 245-7125 Reply to: R. L. King, Manager CFS Direct Phone: 717-245-7050 Email: rkina(1j)svntec.carlisle.com VIA FACSIMILE 954-984-0665 and U,S. Mail December 8, 2003 Fa" Mr. Richard Melanese Hurricane Systems, Inc 4100 North Powerline Road Suite P-4 Pornpano Beach, FL 33073 Fax" Re: Balance Due $135,731.33 Dear Mr. Melanese, I am in receipt of your letter dated December 5, 2003. Surely, you can understand our reluctance to put any faith in your new payment promise. AI; the result of two separate checks (# 11361 and 11495 each for $68,250,00) retuned for insufficient funds, the latter as the replacernent for check #11361, we have no alternative but to initiate the appropriate legal action to protect our financial interests. Notices of non-payment will be sent to all affected building owners, architects and general contractors and the aforementioned legal action will result in the termination of your company as an Authorized Carlisle Applicator. cc: S. Schwar, J. Mack, P. Migliore EXHIBIT"C" emmm VERSICO .""""'-,~.....- 21 Ec()Star '. ,;;" ~.l\ ........_..L.IJ . emmm ClrlisJe RoafIng SpIlml.Jnc. Cal1",.8yftleclnc:o''lfCll1lU Dee U;:l ....... .......~w.....CI .,...... ................. .....w_................ , ---, "'--, .................... ,... . SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powertine Road, Suite P-4 Pompano Beach, Florida 33073 (954) 984-0988 fax: (954) 984-0665 www.hurricanesystem.com December 5, 2003 Carlisle SynTec Incorporated 1285 Ritner Highway Carlisle, PA 17013 ATTNo' Bob King REo' Check # I 1495 In response to your phone call last Wednesday regarding the above referenced check dated ! 1/19/03, please be advised that one of our other suppliers deposited a check that was supposed to be held pending the release of funds for the project which they supplied. This created a balance in our account which was not sufficient to cover the above referenced check. I will replace the funds owed with a cashiers check as soon as the funds are received from the other project, which will be next week. I apologize for any inconvenience this has caused, and will make sure it doesn't happen again. (We will pay in cashier's checks on large invoices from now on) Thank you for your understanding in this matter. Sincerely, Hurricane Systems, Inc. ~~~ Richard Milancsc Jr, President EXHIBIT"C" 22 . Advice Number 526776 Bank One, NA -IL IN1-7202 7610 W Washington, Indpls, IN Date November 18, 2003 Dep Accl: 111/1084722 Sub Accl: 22721 To: CARLISLE SYNTEC INC. ATTN: CREDIT DEPT. 806 K,y\(\ 1285 RETNER HIGHWAY CJ BOX 7000 CARLISLE, PA 17013 These items are being charged to your account and will be assessed a fee on your analysis statement. Inquiries: BUSINESS BANKING 80Q.4D4-4111 COMMERCIAL CUSTOMERS-Contact Service Rep ITEM SEQUENCE 01304 DEPOSIT DATE 11/13/2003 REASON: NSF 1st DEPOSIT REF, NO, 22721 CHECK NUMBER 011361 DEPOSIT AMOUNT 945,466.56 CHECK AMOUNT 68,250.00 1 Returned Item(s) totaling: . 0 Items Redeposited totaling: Total debited from your account (advice # 526776): $68.250.00 $0.00 $68.250.00 - --"---~-"-- - . :": ,';\, ':::r::;~ i OE.Bi!SOOO,. ;"""."'.," ';""l''',<i,,','-'',,'''''' ~~~ ~ y{,l. }~-t3N _ ff /PC:3t/C/;:5C R~az--1 , I EXHI;;T "e" . Advice Number 526776 Bank One, NA .IL IN1-7202 7610 W Washington, Indpls, IN Date November 18, 2003 Dep Acct: 111/1084722 Sub Acct: 22721 To: CARLISLE SYNTEC INC. ATTN: CREDIT DEPT. Bob K\",'a 1285 RETNER HIGHWAY BOX 7000 CARLISLE, PA 17013 These Items are being chargtKJ to your account and wiIf be aSSBssed a fee on your analysis statement. Inquiries: BUSINESS BANKlNG 800-404-4111 COMMERCIAL CUSTOMERS.Contact SM'ice Rep ITEM SEQUENCE 01304 DEPOSIT DATE 11/13/2003 REASON: NSF 1st DEPOSIT REF, NO. 22721 CHECK NUMBER 011361 DEPOSIT AMOUNT 945,466.56 CHECK AMOUNT 68,250.00 1 Returned Item(s) totaling: . 0 Items Redeposited totaling: Total debited from your account (advice # 526776): $68,250.00 $0.00 $68,250.00 11 /f1v:3~C/:5' R~Ck.:?"f EXHIBIT "e" 24 II r ARLISLE SYNTEC INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-272 CIVIL TERM URRICANE SYSTEMS, INC. It THE HURRICANE GROUP, INe., Defendant CIVIL ACTION-LAW AFFIDAVIT OF ROBERT KING NOW, comes affiant, Robert King, who, being duly sworn, does depose and state the following: I. I am Robert King, the Credit Manager for Carlisle SynTec Incorporated. 2. I have been the Credit Manager for Carlisle SynTec Incorporated from the period since urricane Systems, Inc. began its business relationship with Carlisle SynTec Incorporated. 3. I am familiar with the business records of Carlisle SynTec Incorporated. 4. I have searched the business records of Carlisle SynTec Incorporated and from those ecords have pulled the documents appended to the Reply to Preliminary Objections as Exhibits "A", 'B" and "C", 5. The documents appended as Exhibits "A", "B" and "C" to the Reply to Preliminary bjections are true and correct copies of the documents maintained within the business records of arlisle SynTec Incorporated. Further affiant sayeth not. a:~~ EXHIBIT "D" II .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS, AND NOW, this qcu, day of March, 2004, before me, the undersigned officer, personally appeared Robert King, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WI1NESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jennifer S. Undsay, Notary Public Carlisle 80m, eurn6erland County My Commisskln Expires Nov. 29, 2007 Member. PennsylvanIa ASSOCIatIon Of Notarres II , CERTIFICATE OF SERVICE I hereby certifY that on March 1 ,2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Reply To Preliminary Objections, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael Traxler, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, Pe Ivania 17013 David A. Baric, Esquire " ; Q <;:-> . ~ co ;,:- ~ :;"'J \ v:> -{; 1"1; c C-' '-..".- -/ ~ Q, .-\ :r: --\\ rn r:: ""Orm ..,q 9~? .~~~ -<~ --<J :>> s:- " - - II CARLISLE SYNTEC INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-272 CIVIL TERM HURRICANE SYSTEMS, INe. sit THE HURRICANE GROUP, INC., Defendant CIVIL ACTION-LAW PRAECIPE TO ATTACH EXHIBIT TO THE PROTHONOTARY: Please attach the following Authorized Roofing Applicator Agreement as a complete copy of Exhibit "B" attached to the Reply To Preliminary Objections filed in this matter on March 9, 2004. Respectfully submitted, a::;c~. David A. Baric, Esquire LD. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dirllitigation/carl.syn/hnrricanesystems/exhibit. pra ----93/11/2004 11:22 FAX 717 245 7133 SYNTEC LEGAL -+ BARIC,Dave I4J 001 . ., "' ~ . '.. ~ ?cISI "I o S3c'1 I oo;r. Can.... Sy~c Inco_ P.O, Box 7000 Carllslo, PA ,..,," (717) 2-45-7000 Carlisle SynTec Incorporated ~ C\cLua.,,,k"t- Q6~ ~f,~~ AUTHORIZED ROOFING APPLICATOR AGREEMENT . '2,ell- . ~~ /#Jeer 2)10 I AGREEMENT made this1t:. day of 3U..m-r, .:1$-, between Carlisle SynTec Incorporated ("Carlisle"), a Delaware corporation, having a mailing address of P,O. Box 7000, Carlisle, Pennsylvania 17013 and Th(L~un\CAnlL l1rou.p, I1\e..- . 4. lnamif' ~nization) Q. <::' ':kd ~ . \.OD, li)Oll'\i.'1\Q, (;lad. <;..)\U . _ l:="~~~~o. Box) ~7i)"1~ .q61t~q~4-oq~%, (statel (zip codel (8re8 code/telephone number) Rep/Dist. ("Applicator"), <{>Dtnpano ~ 1'l5'4 (city) .._ .., ~-Olo(,,~. larea c~fax. number) doing business as a: (check applicable box and complete line>. 01, Sole proprietor. 02, Partnership; all general partners and their addresses are: . all limited partners and their addresses are: . ~, Corporation organized under the laws of FLoP-ll)f'r WITNESSETH In consideration of the mutual promises and undertakings stated herein. Carlisle and Applicator agree as follows: 1, Ymm (a) Carlisle grants to Applicator the non-exclusive right to purChase and install Carlisle Roofing Systems ("ROOfing Systems") consisting of all roofing products now or hereafter marketed by Carlisle SynTec Incorporated. . (b) Carlisle reserves the right to sell, distribute and install Roofing Systems direct or through others, at Carlisle's discretion, 03/11/2004 11:23 FAX 717 245 7133 SYNTEC LEGAL .. BARIC,Dave I4J 002 . oj, 2. General Duties of Aoolicator . Applicator shall: (a) At Carlisle's request from time to time provide adequate assurance satisfactory to Carlisle of Applicator's due performance of its obligations under this Agreement and Applicator's financial responsibility. . (b) Use its best efforts to sell and promote the use of Carlisle's Roofing Systems. (c) Attend Carlisle training meetings and pay for travel,lodging, and living expenses while attending such meetings, Applicator agrees not tei begin any installation of Roofing Systems until (i) Applicator has .attended at least one (1) training meeting and (ii) Applicator is satisfied that it has received details, installation instructions, procedures, and updates, (d) Advise every building owner ("Building Owner") in writing at the time Applicator submits its bid that Carlisle will provide Building Owner, at Applicator's expense as 5.et forth in Carlisle's most current price list, tHe most current standard form of the CarliSle Membrane. Systems Warranty for commercial buildings ("Standard Warranty") at such time as CarHsle has accepted the installation of Roofing System and. has received payment from the Applicator for the Roofing System and the Standard Warranty. . (e) At the time a roofing contract is awarded to Applicator, provide to Carlisle a copy of. all bonds on public or private work including the amount of the bond and the name and address of the surety or guarantor and also complete and provide. to Carlisle the Carlisle form entitled "Request for Warranty". . (f) Follow all Roofing Systems speCifications, details. installation instructions. and. procedures as furnished in writing by Carlisle from time to time. Applicator shall inquire about any updates or revisions regarding Roofing'Systems before beginning any roofing project, (g) Comply with all federal. state. and local laws, regulations, ordinances, and governmental orders. 3. General Duties of Carlisle Carlisle shall: (a) Provide Applicator with instructional materials, instructions,. and training which; in Carlisle's judgement, are necessary to assure adequate quality Clnd uniformity in installation of Roofing Systems. (bl Provide Applicator a reasonable supply of prornotional material which, in CarliSle's jUdgement,is adequate for Applicator's use in the sale and promotion of Roofing Systems, Ie) Provide to Building Owner, at Applicator's expense as set forth in Carlisle's most current price list, CarliSle's Standard Warranty. Carlisle reserves the right to refuse to issue a Standard Warranty if Ii) its specifications, details, installation instructions, and procedures are not followed and it has not approved and accepted - 2 - 03/11/2004 11:23 FAX 717 245 7133 SYNTEC LEGAL ~ BARIC,Dave I4J 003 t .' tl'\e installation, or (ii) it has not been paid for Roofing Systems and the Standard Warranty. (d) At Carlisle's discretion furnish Applicator without charge technical assistance and advice for the purpose of evaluating watertight integrity of the installation of Roofing Systems. It is understood that Carlisle does not en:gage in the practice of engineering or architecture; any information provided to Carlisle shall be reviewed by Carlisle for the purpose of evaluating the watertight integrity of the installation of Roofing Systems only and not for any other purpose including but not limited to reviewing or approving structural design, the integrity of the. roof or its structural parts, CARLISLE MAKES NQW.ARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEOUENTIAL DAMAGES. 4.. Purchase of RoofinG Svstems . " 'l ' I (a). All orders sublTlitted to Carlisle for Roofing Systems shall be in writing. or confirmed in writing, and Signed by Applicator. All orders shalt be subject to final approval and acceptance by Carlisle atits office locatedi" Carl,sle, Pennsylva- nia. Carlisle reserves the right to accept or reject all or any part .of8n order without reason. (b) Carlisle. shall sell materials to Applicator pursuant to such terms, conditions, prices. and shipping practices as the parties may agree to. Carlisle reserves the right. in its sole discretion, to refuse orders from Applicator or to. condition Sales to Applicator upOn payment in full in advance or other extr'lOrdinary credit/collection procedures, Carlisle reserves the right itself to change its price lists at any time, but in the event of an increase in the price applicable to orders already placed by Applicator, Applicator may cancel such order without charge or penalty by . written notice within ten (101 days after the date of the announcement of such price increase. (el Any sales, revenue, excise or other taxes applicable to Roofing Systems purchased by Applicator shall be added to the purChase price and shall be paid by Applicator, or in lieu thereof, Applicator shall provide CarliSle With a tax exemption. certificate or other proof of tax exemption in a form acceptable to the appropriate taxing authorities, (d) No Standard Warranty shall be issued or considered to be in full force and effect unless and until Applicator has paid Carlisle for the Roofing Systems, Standard Warranty, and above taxes (unless Applicator has submitted appropriate proof of tax exemption to Carlisle). - 3 - 03/11/2004 11:23 FAX 717 245 7133 SYNTEC LEGAL ~ BARIC,Dave I4i 004 '. \ 5. Notice of Award .Ia) . At its expense, Applicator shall furnish to Carlisle for every job on which Applicator is to install Roofing Systems: . Ii) Notice of Award. of the rOOfing contract and copies of all jOb specifications, shop drawings, details, and other plans to be used in connection with the installation of Roofing Systemsi as soon as. such items become available. (Ii) a description of the nature of the work (i.e., pUblic or private work), copies of all types and amounts of bonds furnished, and the name.and address of the surety or guarantor and a completed copy of the Carlisle form entitled .Request for Warranty. , (b) Carlisle's review of the above plans, details, and other information is for the purpose of evaluating watertight integrity only.. . CARL.ISLE MAKES. NO WARRANTY OF FITNESS FOR A PARTICULAFl PURPOSE AND SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, (c) Regardless of whether Floating Systems have been ordered from Carlisle or one of its authorized distributors, if Applicator fails to comply with paragraph 5(a), Carli.sle or its authorized distributor shall not be obligated to ship any Roofing Systems to Applicator, and the purchase of Roofing Systems shall be deemed canceled withOut any cost, expense, or liability to Carlisle or its distributor, 6. Insoections For every job, Applicator shall: la) Send written notice to Carlisle, indicating completion of Roofing. Systems installation, within seven (7) calendar days after completion of the installation. Ib) Allow Carlisle to inspect and accept (at Carlisle's option) the watertight integrity of the installation of Roofing Systems. Carlisle may direct Applicator to make suCh changes or repairs as Carlisle deems necessary for proper installation. Such changes or repairs shall be at Applicator's expense if Carlisle determines that Applicator failed to follow and adhere to Carlisle's wrinen specifica- tions, details, installation instructions and procedures in effect at the time of installation; otherwise such changes shall be at Carlisle's expense. Ic) For a periOd of two (2) years beginning with the date upon which the installation passes final inspection by Carlisle or, in the event a Standard Warranty is not: issued pursuant to paragraph S(e), then for a periOd of two (2) years beginning with the completion of the installation of Roofing Systems, repair upon request of either Building Owner or Carlisle, at Applicator's expense, any leaks caused by faulty handling or installation of Roofing Systems including but not limited to the use of materials not approved by Carlisle. - 4- 03/11/2004 11:24 FAX 717 245 7133 SYNTEC LEGAL ~ BARIC,Dave Ig] 005 , (d) Allow Carlisle. at Carlisle's option, to inspect Roofing Systems at any time prior to the expiration of the two (2) year repair period, and at Applicator's expense fpllow such instructions and make such repairs deemed necessary in the judgment of Carlisle to assure watertight integrity. At the end of said two (2) year period. Applicator shall have no further obligation to make repairs at its expense under this Agreement, provided that Applicator has promptly commenced and diligently proceeded to correct and repair all leaks brought to its atten.tion during said two (2) yesr period and has successfully corrected and repaired such leaks and the conditions causing them, and further provided that Applicator has installed Roofing Systems in accordance with Carlisle's specifications, details; installation instructions and procedures, (e) Subject to the approval of Building Owner and Applicator's continuing status as a Carlisle Authorized Roofing Applicator, Carlisle will request a bid from the Applicator who completed the installation of Roofing Systems in the event that repair work becomes necessary after the above two (2) year period. 7, Warrantv to Aoolicator Carlisle warrants its material to be free from defects at the time of its delivery to a project site, Carlisle's liability and Applicator's remedies are limited to Carlisle's replacement of defective material, F.O.B. factory. Replacement of defective material will be made only upon Carlisle's inspection of the material, Applicator shall return defective material and Carlisle shall pay the cost of shipping only after Carlisle has sent definite shipping instructions. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LAW. NO REPRESENTATIVE OF CARLISLE HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. S. Relations Between Parties (a) Applicator shall not use the name Carlisle, Carlisle's logo, or any other Carlisle trademark or trade name in Applicator's firm name or assumed name or in any other manner, provided, however, Applicator may indicate in correspondence or advertising related to Roofing Systems that it is a Carlisle Authorized Roofing Applicator, Upon expiration or termination of this Agreement for any reason, Applicator shall immediately discontinue any use of any name, 109<1. trademark, or trade name used by Carlisle. - 5 - 03/11/2004 11:24 FAX 717 245 7133 SYNTEC LEGAL ~ BARIC,Dave I4J 006 ~ (b) Applicator shall act only in Applicator's legal capacity as an independent contractor. In no event shall Applicator be an employe.", franchisee, or agent of Carlisle, . Carlisle is not a franchisor. Applicator has no authority to act for, or on behalf of Carlisle or to bind Carlisle in any way whatsoever, and Applicator shall not so hold itself out to anyone or ott)erwise represent that Applicator has such authority, Applicator is not authorized to make or extend any promises, representa- tions, or warranties with respect to Roofing Systems except as set forth in Carlisle's Standard Warranty. 9, ExcusedPerformllnce Neither party shall be held responsible for delays or failure to perform hereunder, except for payment of monies when due, if caused by fires, floods, strikes, labor disputes, accidents, acts of war, priorities required or requested by any governmental authority, tranSportation delays, restrictions imposed by federal, state or local law, regulations or ordinances, or Carlisle's inability to secure raw materials or energy, or for any other causes beyond a party's control. 10. Indemnification (a) Applicator agrees to indemnify, pay for the defense of, and save Carlisle harmless from any.and all damages, including harm to Applicator's employees, losses or expenses including attorney's fees, direct or indirect, including settlement . of any claim subject to Applicator's approval which approval shall not be unreasonably . withheld, which Carlisle may be subjected to because of Applicator's negligence or failure to perform any term or condition of this Agreement, Carlisle shall not be . obligated to appeal any judgement which would impose liability on Applicator. (b) (i) Carlisle shall indemnify and save Applicator harmless from all damages, losses or expenses, including reasonable attorney's fees, which Applicator may sustain as determined by a final jUdgement against Applicator or a settlement of ariy claim,approved in writing by Carlisle, resulting from Carlisle's negligence in performing or failure to perform its obligations under the Standard Warranty; provided. however, that this indemnity shall not be enforceable against Carlisle (whether or not Carlisle may have been negligent in performing or failing to perform its obligations under the Standard Warranty) jf tne damages. losses, or expenses sustained by Applicator were caused in whole or in part from any act or failure to act by Applicator as required by .this Agreement, Iii) In the event that any claim, action, or proceeding is threatened or made against Applicator which may impose liability. on Carlisle under this indemnity, . Applicator shall promptly serve written notice on Carlisle Of such claim, action, or proceeding and Carlisle shall have the option to jOin in the defense of the claim at its. expense. - 6 - 03/11/2004 11:24 FAX 717 245 7133 SYNTEC LEGAL ~ BARIC,Dave ~007 i , , 11, Term of Aqreement: Termination (a) Application to be an Applicator is not deemed accepted by Carlisle until an authorized Carlisle employee has signed this Agreement and has returned one signed copy of thIs Agreement to Applicator. This Agreement shall remain in effect until: (i) Either party cancels this Agreement with or without cause by giving thirty (30) days prior written notice of termInation to the other party by certified mail (return receipt requested) or by facsimile and ordinary mail at the address stated herein or such other i1ddress as either party may designate in writing. (ii) Either party may terminate this Agreement immediately for breach of any covenant contained herein. (iii) Subject to any provisions of law to the contrary, there is an adjudication of Applicator as a bankruptor insolvent, or entry of an order; remaining. . unstayed by appeal or otherwise for thirty (30) days. appointing a receiver or trustee for Applicator, or for all or any of its property, or approving a petition seeking reorganii':ation or other similar relief under the bankruptcy or other similar laws of the United States of America or any state, or the filing by the Applicator of a petition seeking any of the foregoing or consenting thereto, or the filing by the Applicator of . a petition to take advantage of any debtors' act, or making a general assignment for the benefit of creditors, or admitting in writing its inability to pay its debts as they mature. (b) Unless otherwise agreed in writing by both parties, termination of this Agreement as provided herein shall automatically cancel all accepted orders for Roofing Systems not shipped by Carlisle by the date of Carlisle's or Applicator's receipt of the termination notice. Upon termination, Applicator will immediately furnish to Carlisle a list of all jobs for which Applicator has been awardee;! contracts for the installation and use of Roofing Systems. If Applicator's account is not in arrears and Applicator has not otherwise breached the terms of this Agreement, then Carlisle in its sole discretion may fill orders for SUCh jabs in accordance with the terms and conditions of this Agreement and will charge Applicator's account therefore. As a condition to filling such orders, Carlisle at its option may require Applicator to furnish a surety bond or other extraordinary credit/collection procedures in an amount or manner acceptable to Carlisle's credit department. (c) Termination of this Agreement shall not relieve Applicator from its obligations and liabilities hereunder. including but not limited to, its obligations to repair Roofing Systems as provided in paragraph 6, to complete the installation of Roofing Systems undertaken and not completed by Applicator by the date of the termination notice, and to make all payments due or accrued to Carlisle and other material suppliers. - 7 - 03/11/2004 11:25 FAX 717 245 7133 SYNTEC LEGAL .. BARIC , Dave ~008 ... , . , 12. Waiver ;The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of such party thereafter to enforc.e any such provisions. 13, Assianment. The rights created by this Agreement are personal and not assignable, and the obligations imposed upon Applicator are not delegable without the written consent of Carlisle. provided, however, that Carlisle may assign this Agreement to its successors as well as to any entity or corporation now or hereafter owned or controlled by or affiliated with Carlisle (defined as any corporation controlling or under common control with Carlisle), . 14. Construction . This Agreement constitutes the entire Agreement between the parties and the parties acknowledge and agree that neither of them has made any repreSentation with respect to the subject matter of this Agreement or any representation inducing . the execution and delivery hereof except as specifically set forth in this Agreement, No change. alteration, modification; or addition to this Agreement.shall be effective unless in writing and signed by an .authorized Carlisle employee. A. mere acknowledg- ment or acceptance of any acts or performance by either party inconsistent with the terms of this Agreement shall not be deemed an acceptance. or approval by Carlisle. of such inconsistent acts or performance with respect to subsequent transactions. This Agreement supersedes and is in lieu of all prior agreements or arrangements between the parties. The captions in this Agreement are for convenience only and shall not affect the interpretation hereof. 15, Governino Law This Agreement shall be construed under the laws Of, and by the courts of, the Commonwealth of PennSylvania. and if any provision hereof shall be adjudged to contravene any applicable lawl the parties agree to remain bound to all of the remaining provisions, - 8 - :t :,." 03/11/2004 11:25 FAX 717 245 7133 SYNTEC LEGAL , '. 4 BARIC,Dave 141009 IN WITNESS WHEREOF, the parties have caused this instrument to be executed in duplicate by their representatives duly authorized as of the day and year first above written. ~'"~,~~w~ Carlisle SynTec Incorporated ay: ~ S h.xfJ.A4-[ PfJ-J Nicholas J. Shears Vice President Sales Date Approved: 3.1.1,0/ 7A~ ~ff",,;"-<, ~". .r<4C; (Applicator) ~~ Bv= " :;-- " . /' .4 df. Title: .,.,.,JI'. e<<r- Carlisle is a registered trademark of Carlisle Corporation - 9. ~~( II CERTIFICATE OF SERVICE I hereby certifY that on March II, 2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Attach Exhibit, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Michael Traxler, Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, Penns Ivania 17013 , David A. Baric, Esquire -T-' '.'- '. ) n ~; .- - " -< e':l C) "-> '''> ,-'" -<- ;,?t ";'.'Oo "0 o -n "-.., :J: rn::!J r"- ::0.,-8. , _JJ "- 0(1. -".-/ ) -:---j"-. J~i~ :;:;.1 :< .,.i. ~','> -...~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Argunent Court. ---------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) CARLISLE SYNTEC INCORPORATED ( Plaintiff) vs. HURRICANE SYSTEMS, INC. SIT THE HURRICANE GROUP, INC. ( Defendant) No. ?7? Civil ACTION-LAW19 2004 1. State matter to be argued (Le.. plaintiff's rootion for new trial, defendant's demurrer to complaint, etc.): DEFENDANT'S PRELIMINARY OBJECTIONS . . 2. Identify counsel who will argue case: (a) for plaintiff: DAVID A. BARIC, ESQ. ~s: 19 W SOUTH ST CARLISLE,PA 17013 (b) for defendant: MICHAEL T. TRAXLER, ESQ. ~s: 36 S. HANOVER ST CARLISLE, PA 17013 3. I will notify all parties in writing within Do'O days that this case has been listed for argunent. 4. Argunent Court Date: SEPTEMBER 22, 2004 ~~ rBted: Attorney for PLAINTIFF --'-)"-' r:~ __ ,:'"'>,.---. ~f~ 2.:: _..J -< o C ? -~ "" c'" = ~ '- c:: r" o ....., ..... :c., rl1p;; Tjn'"l ::U\...-;J gf~ ill ~ -n" ill 0' , . ;\- :-:a ~, II << i II CARLISLE SYNTEC INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-272 CIVIL TERM HURRICANE SYSTEMS, INC. sit THE HURRICANE GROUP, INe., Defendant CIVIL ACTION-LAW PRAECIPE TO ENTER INTO RECORD TO THE PROTHONOTARY: Please enter the attached deposition transcript of Robert L. King dated May 7, 2004 into the record for the above-captioned matter. Date: q/IS-/o/ ( ( David A. Baric, Esquire LD, 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff, Carlisle SynTec Incorporated da b.dirllitigation/carl.synlhurricane/attachtranscript, pra 10 12 13 14 15 16 17 18 19 IN THE COURT OF COMMO~ PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 3 CARLISLE SYNTEC INCORPORATED, NO. 2004-272 CIVIL TERM Plaintiff, CIVIL ACTION - LAW n. 6 HURRICANE SYSTEMS, INC., sit THE HURRICANE GROUP. INC., Oefend<lnl:.. 9 Deposition of: ROBERT L. KING Taken by Plaintiff Date May 7, 2004, 1:45 p.m. PIClce 19 West South Street Carlisle, Pennsylvdnia. Before Lucinda K. Hottman Reporter - Notary Public 20 APPEARANCES: 21 O'BRIEN, BARIC' SCHERER By: DAVID A. BARIC, ESQUIRE 22 19 West South Street Carlisle, PA 17013 23 (717) 249-6873 24 For Plaintiffs 10 11 12 13 14 15 16 17 19 19 20 " 21 22 23 24 2 3 6 APPEARANCES: (Cont' d.) ABOM & KUTULAKIS By: MICHAEL T. TRAXLER, ESQUIRE 36 South Hanover Street Cdrlisle, PA 17013 (717) 249-0900 For Defendant ConclcDICIt! TM E'dge 1 2 I N 0 E X 3 WITNESS ROBERT L. KING By Mr. Baric By Mr. Traxler By Mr. Baric 10 11 By Mr, Traxler 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 2 3 3 9 10 11 12 13 14 15 9 16 17 10 18 19 20 21 22 23 24 EXHIBITS KING DEPOSITION EXHIBIT !i'UMBERS Rooting applicator agreement Application packet from Hurr'icane Documents tor Hal-Mart Super Center Documents for Sea Cove Condominiums Documents for Island Shops NSF Check Number 11361 NSF Check Number 11495 ROBBIT L. KING Page] EXAMINATION 47 67 Page 4 PAGE 12 16 25 3' 39 42 44 Letter from Mr. Milanese to to Mr. King dated December 5, 2003 45 Letter trom Mr. King to Mr. Milanese dated December e, 2003 NSF Check Number 11361 with handwritten notes HOFFMAN REPORTING (717) 852-7896 45 46 Page I - Page 4 Page 5 Page 7 1 - - - 1 fonnerly the title was credit manager, : 2 STIPULATION 2 Q. And how long have you been the credit 3 It is hereby stipulated by and between 3 manager for Carlisle SynTec? 4 counsel for the respective parties that 4 A. Since April of 1980. I came in that 5 sealing, certification and filing are hereby 5 capacity as the credit manager for Carlisle Tire and 6 waived; and all objections except as to the 6 Wheel at that time. 7 fonn of the question are reserved to the time 7 Q. And when did that change over to 8 of trial. 8 Carlisle SynTec? 9 --- 9 A. We split the company, I'm going to say 10 ROBERT L. KING, called as a witness, 10 in 83, 84. I can't recall the exact time frame where 11 being duly sworn, testified as follows: 11 the two entities split. 12 --- 12 Q You have been with Carlisle SynTec 13 EXAMINATION 13 Systems since that time? 14 BY MR. BARIC: 14 A. Since that time, that's correct. 15 Q. Would you provide us with your full 15 Q. In the capacity of credit manager? 16 name, please? 16 A. Right. 17 A. Robert Lee King. 17 Q. Until recently? 18 Q. And where do you reside. Mr. King? 18 A. Yes, 19 A. 102 Walnut Street, East Berlin, 19 Q. Through your 20-plus years of history 20 Pennsylvania. 20 with Carlisle SynTec Systems, have you become 21 Q. And are you employed? 21 generallly familiar with the operations of the 22 A. I am currently employed by Carlisle 22 compal~Y? 23 SynTec Incorporated. 23 A. Yes, I have. 24 Q. And where is the headquarters for 24 Q. Could you describe for us what Carlisle Page 6 Page 8 1 Carlisle SynTec located? 1 SynTe<: Systems does? 2 A. 1285 Ritner Highway, Carlisle, 2 A. Carlisle SynTec Systems is a 3 Pennsylvania. 3 manufacturer of single-ply roofing membranes and 4 Q. And today we will be talking about 4 related products involved in the installation of a 5 events that have run through the period roughly 2000 5 roofing system. 6 to present. During that period of time, where has the 6 Q. Are those roofing systems that Carlisle 7 headquarters of Carlisle S'ynTec been? 7 SynTe<: sells primarily commercial? 8 A. At the same address, 1285 Ritner 8 A. They are primarily commercial roofing 9 Highway, Carlisle, PA. 9 systems, We do offer a residential line which we 10 Q. And have you been employed by Carlisle 10 recently started a couple of years ago. 11 SynTec during that same period of time? II Q. And are you generally familiar with the 12 A. Yes, I have. 12 sales and marketing of Carlisle SynTec Systems during 13 Q. In fact, when did you first become 13 the same period of time? 14 employed by Carlisle SynTec? 14 A. Yes, I am, 15 A. April of 1980. 15 Q. Could you describe for us generally how 16 Q. And you have been employed there ever 16 Carlisl(: SynTec markets and sells its roofing 17 since? 17 products? 18 A. Yes, I have. 18 A. Carlisle markets its roofing products 19 Q. 24 years? 19 through. independent representatives and distributors 20 A. 24 years. 20 who an: strategically located throughout the country. 21 Q And what is your current job title at 21 Some of them have restrictive territories. Some of 22 Carlisle SynTec? 22 them do not. 23 A. My current job title just changed. I'm 23 But that's primarily how we go to 24 now manager of customer financial services, but 24 market, is through the manufacturing reps and CondenleIt! TM ROBERT L, KING Page 5 - Page 8 CondcnseIt! TM Page 9 I distributors selling, both, direct to the contractor 2 as ~ell as through distribution. 3 Q. So Carlisle also sells direct to roofing 4 contractors? 5 A. That is correct. 6 Q. And can any roofing contractor buy 7 Carlisle commercial roofing systems? 8 A. No. 9 Q. Is there a process or procedure that a 10 prospective customer or roofing contractor must II undertake to become an installer of Carlisle 12 products? 13 A. Yes. There is a process that starts off 14 with the execution of, I'll call it a applicator 15 package which would include an applicator agreement, a 16 credit application, terms and conditions of sale. 17 And once those docwnents are 18 completed, they're forwarded to Carlisle, 19 Pennsylvania, for processing. Once that process 20 take place, the applicator, the proposed applicator 21 has to complete training, whether it be job site 22 training or training at another location throughout 23 the country so that he is properly instructed on the 24 application of the various roofing systems that we Page 10 I offer. 2 Q. Let me ask you this, if a roofing 3 contractor from anywhere in the United States is 4 interested in becoming a Carlisle authorized 5 applicator, and you spoke of a package that must be 6 submitted by that applicator, that package, to my 7 understanding, would come to Carlisle, Pennsylvania? 8 A. That's correct. 9 Q. And would it be reviewed in Carlisle, 10 Pennsylvania? 11 A. Yes. It would be. 12 Q. What specific functions would he 13 reviewing or determining whether to approve that 14 roofer? 15 A. The credit investigation would all be 16 performed in Carlisle. We examine, obviously, the 17 documents-- 18 Q. Carlisle, Pennsylvania? 19 A. Carlisle, Pennsylvania, excuse me. The 20 package gets submitted, actually, to me -- or to the 21 credit department in Carlisle, Pennsylvania, from 22 which we conduct a credit investigation and then make 23 a recommendation to marketing and sales whether or 24 not, from a credit perspective, we would recommend ROBERT L. KING Page II I approval of the applicator. 2 Q. And would there be further review of 3 that pllCkage by other departments at Carlisle, 4 Pennsylvania? 5 A. Yes, absolutely. Once that's done, 6 the sales department, again, headquartered in 7 Carlisl'e, Pennsylvania, reviews those recommendations 8 and tho:n makes the decision whether or not to 9 accept -- the final decision to accept or reject the 10 applicator is made by the vice president of sales, 11 basicallly. 12 Q. Located here in Carlisle? 13 A. In Carlisle, Pennsylvania, correct. 14 Q. Are you aware of such an application 15 packag;e being forwarded to Carlisle, Pennsylvania, by 16 the Hurricane Group? 17 A. Yes, we did. We did receive a package 18 from Hurricane. The exact dates I can't recall. 19 Q. That's fine. And let me just mention so 20 the record will be clear, I'm aware, having reviewed 21 some dlocuments from Hurricane, that originally they 22 were called The Hurricane Group, Inc. 23 And it appears to me that some documents 24 were submitted undeT that name. And then there are Page 12 I other documents which indicate at some point in time 2 they changed their name to Hurricane Systems. Do you 3 recall that? 4 A. Yes. I'm not sure which way it went, 5 but they did a name change. I think we had a copy of 6 a corporate charter amendment or something of that 7 nature indicating that change. 8 Q. When I refer to Hurricane, and I'll just 9 say Hurricane throughout the course of this 10 deposition, I'm not making a delineation between the II Hurricane Group and Hurricane Systems. I'm basically 12 looking at them as the same company. 13 Let's take a look at what we'll mark as 14 Deposition Exhibit I. Have you seen that docwnent 15 before? 16 A. Yes. 17 18 19 20 21 22 23 24 (Whereupon the docwnent was marked for identification as King Deposition Exhibit Nwnber I.) Q. And is that a document from the business records of Carlisle SynTec? A. Yes. It would be. Q. And what is Exhibit I? Page 9 - Page 12 Page 13 Page IS I , A. Exhibit I is the authorized roofing 1 archill:ct call for a Carlisle warranty to be issued on 2 applicator agreement. 2 the completed roofing system? 3 Q. And which company, according to the 3 A. In many cases, that is a requirement of 4 first page of this document, was submitting this 4 the project. 5 agreement to Carlisle? 5 Q. And in order to get that Carlisle 6 A. That was the Hurricane Group, 6 product and ultimately provide a Carlisle warranty to 7 Incorporated. 7 the customer, that is, the building owner, was it a 8 Q. And if you will flip to the last page, 8 requimment that you be an authorized Carlisle roofing 9 which is Page 9, would that also indicate that the 9 applicator? 10 company seeking to become an authorized applicator is 10 A. Yes. The only way you can receive a 11 the Hurricane Group, Inc.? 11 warranty is to become an authorized roofing 12 A. That is correct. 12 applicator. 13 Q. And it would appear to me, again, 13 Q. So just to finalize it, if in my locale 14 looking at Page 9, this document was then accepted by 14 there were a project which was coming to bid for a 15 Carlisle? 15 cOIl1lI1l:rcial roofing system and Carlisle Products had 16 A. That's correct, signed by, it looks like 16 been specified for that project and a warranty was 17 Nick Shears, March 28th of 200 I. 17 required to be issued on the completed project, it's 18 Q. And who is Nick Shears? 18 my understanding, then, I must he a Carlisle 19 A. Nick Shears is the vice president of 19 authorized roofing applicator in order to compete for 20 sales. 20 that project? 21 Q. And where is his office located? 21 A. That's correct. 22 A. He is located in Carlisle, Pennsylvania. 22 Q. And the warranties are of what duration 23 Q. And this would be part of the package 23 typically? 24 that you were describing a few minutes ago that would 24 A. They can go 5, 10, 15,20 years and even Page 14 Page 16 1 come to Carlisle, Pennsylvania, if a roofing 1 longer today. 2 contractor were seeking to become an authorized 2 --- 3 applicator? 3 (Whereupon the document was marked for 4 A. That is correct. 4 identification as King Deposition Exhibit 5 Q. Let's digress for just a minute. Are 5 Number 2.) 6 there benefits to becoming an authorized roofing 6 Q. Are you familiar with the documents 7 applicator? . 7 which have been marked collectively as King 2? 8 A. Sure. Carlisle is one of the premier 8 A. Yes, I am. 9 roofing systems in the country. And obviously, there 9 Q. And where would these documents have 10 are many companies that specify our products. And 10 been kept at Carlisle? 11 part of the reason they specify our products is II A. These would have been kept in the credit 12 because of the warranties that we offer for the, not 12 department in Carlisle, Pennsylvania, 13 only the quality of the material, but the workmanship 13 Q. And were these documents part of the 14 as well. 14 submittal that came to Carlisle, Pennsylvania, as 15 Q. And that would then be a warranty, 15 Hurricane sought to become an authorized roofing 16 basically, for your roofing system? 16 applicator? 17 A. That is correct. 17 A. Yes. Some of these were financial 18 Q. And are Carlisle products, to your 18 stateme1nts, the credit application, all were part of 19 knowledge, routinely specified by architects and 19 this package. That is correct. 20 engineers throughout the United States? 20 Q. Let's look at the first, which the copy 21 A. That is a true statement, yes. 21 isn't thalt great, but they appear to be a copy of 22 Q. And if an architect were to specify 22 eight photographs. What are these? 23 Carlisle Products for a commercial roofing 23 A. Those are basically, to my knowledge, 24 installation, in the typical course, would the 24 they are photographs of Hurricane's facilities which CondenseIt! 1M ROBERT L. KING Page 13 - Page 16 CondenscIt! 1M Page 17 I were typically required as part of that application I 2 package. The sales department requires photographs of 2 3 the company. 3 4 Q. And do you know why they would want to 4 5 see photographs of the company? 5 6 A. Typically, just to verify that it is a 6 7 viable business entity and it's not some job site 7 8 trailer out in some area. 8 9 Q. If you'll flip to the second page, that 9 10 appears to be a facsimile on Hurricane Systems, Inc. 10 11 letterhead. The top line indicates from Rich Milanese 11 12 to Bob King. 12 13 And then at the comments line, it says, 13 14 Please find attached Hurricane System 2000 financial 14 15 statement. Call with any questions. Do you remember 15 16 receiving this? 16 17 A. Yes. I definitely received this in 17 18 Carlisle. 18 19 Q. And what was this? 19 20 A. This was the financial statement that we 20 21 had requested pursuant to, I believe, to their 21 22 original application. 22 23 Q. And then attached, well, on the next 23 24 page beginning after that fax cover sheet, it says on 24 Page 18 1 the center of the page, Hurricane Systems, Inc. 1 2 Financial Statement, December 31 st, 2000. Correct? 2 3 A. Yes. That is correct. 3 4 Q. And then what follows appears to me to 4 5 be the ten pages of accompanying financial statements 5 6 or nine pages. Is that correct? 6 7 A. That is correct. . 7 8 Q. And would these or were these reviewed 8 9 by you here in Carlisle, Pennsylvania? 9 10 A. Yes, they were. 10 11 Q. And what was the purpose of receiving II 12 this type of docwnentation at Carlisle, P A? 12 13 A. As part of our credit evaluation of 13 14 the company and the determination of whether or not 14 15 to extend credit or accept the company as an 15 16 applicator. 16 17 Q. And let me ask, when you're looking at 17 18 this type of docwnentation from Hurricane Systems, 18 19 were you making a determination as to whether product 19 20 would be shipped to them other than on 20 21 cash-on-delivery terms? 21 22 A. Actually, this was part of the initial 22 23 evaluation to determine whether or not we should 23 24 recommend them as an applicator from a financial 24 ROBERT L. KING Page 19 perspl:ctive. Q. All right. You recommend them to the sales department? A. To the sales department, I'm sorry, yes. Q. If you go through that exhibit, and I have the pages numbered here at the bottom beginning where it says C I, if you'll turn to C II. This is anothe:r Hurricane Systems Inc. fax cover sheet from Rich Milanese to you, apparently? A. Yes. Q. And it's dated April 28th of 2003. The comm,~t line, it says, Enclosed is the infamous balance sheet pursuant to your request. Thanks for your patience. What was happening that this docwnent came ,~ong? A. We were having some payment issues, and we wanted to know what was going on with the company. And he hadn't submitted new information. And actually, this might have been, this was part of a reconslideration of extending credit. Q. Had they, to your knowledge, had Hurricane Systems requested additional credit? A. They were bidding some sizable projects Page 20 for some jobs that were coming up. And yes, we wanted to see some new financial numbers. Q. And the next page, which has 12 at the bottom, that's the actual balance sheet that was submitted with that fax by Hurricane? A. That is correct. Q. And the next page is another facsimile from Hurricane Systems, specifically, from Rich Milanese to you. It appears to he dated February 7th, 2003. The comment line, it says, Bob, enclosed is the in-house P and L pursuant to your request. Please give me a call at the office upon receipt of the same thing. What was happening here? A. I think what happened was I asked for new information. He sent the profit and loss-- Q. Which is attached as Pages 14 and 15. Right? A. Correct. But we never received the balance sheet. And that's really the document that we just looked at. II and 12 really were pursuant to our request following the receipt of the P and L which was on 2/7. Q. And there is some handwritten notes Page 17 - Page 20 I there. Is that one note yours? , 2 A. Actually, they're all mine because I was 3 trying to get the information. Really, the sales 4 department, I think, if my memory serves me correctly, 5 was pressing me to get a decision, but I didn't have 6 all the information. 7 So I was just making some notes as to, 8 you know, who I talked to, when I talked to and the 9 fact that I still hadn't received some of the 10 information. II Q. And it would appear from those notes, it 12 indicates to us that you attempted to call Rich on 13 February 7th to request the balance sheet? 14 A. Urn-hum. 15 Q. And you called again February 24th. You 16 spoke with an Ingrid? 17 A. Right. 18 Q. But Rich was not in, it appears, And 19 you called again on February 28th? 20 A. Right. 21 Q. And left a message for Rich? 22 A. Right. 23 Q. Now, if you will flip back a few more 24 pages, you'll see the one with a 16, Exhibit C 16 Page 22 I down at the bottom. And I'll note for the record when 1 2 you see the Exhibit C, when we appended these 2 3 documents to our reply to the preliminary objections, 3 4 that's when we typed on Exhibit C and then numbered 4 5 them for ease of reference. What is this document 5 6 we're looking at? 6 , 7 A. This is the credit application. 7 8 Q. This would have been part of that 8 9 original package that came in from Hurricane? 9 10 A. Correct. 10 II Q. And what type of information -- well, II 12 when I say it came in, it came in to Carlisle, 12 13 Pennsylvania? 14 A. That's correct. 15 Q. And it would have been directed to your 16 attention in Carlisle? 17 A. Correct. 18 Q. And what type of information did they 19 present to you in this document? 20 A. It's just basically general 21 information about the company itself, its name, 22 whether they're incorporated or not, names of the 23 principals, credit references, both bank and supply 24 references. CondenscIt! TM ROBERT L. KING Page 21 Page 23 I Q. And on the next page, Exhibit C 17 at 2 the top, it says Terms and Conditions of Sale. What 3 is this document? 4 A. This is another document as part of the 5 credit application package that comes to Carlisle. 6 And it's just the general terms and conditions of sale 7 by which we sell our products. 8 Q And does that appear to have heen 9 execulted by the company? 10 A. Yes, it does. 11 Q. At the bottom it indicates finn name, 12 the Hurricane Group. Correct? 13 A. That's correct. 14 Q. Flip to the next page, 18 and 19. I'm 15 not sure if that's -- is that another copy of what was 16 in here previously? It says Profit and Loss. Maybe 17 it's not the same period. 18 A. I don't think that it is. 19 Q. No. 1be other one was January through 20 December 2002. That was at Pages 14 and 15. 21 A. Right. 1bese appear to be internal 22 balance sheets or internal P and L generated but 23 probably -- well, they're dated January 29th, 01 in 24 the upper left-hand corner. Page 24 Q. I see that. Would this have been information that was sent from Hurricane Group to you in Carlisle? A. Yes. It would have been, yes. Q. And finally, the last page, we talked about Hils a few minutes ago. Exhibit C 20 at the bottom. This is a document from the Florida Department of State, and it talks about the name change that we spoke of? A. Yes. Q. From Hurricane Group, Inc. to Hurricane Systems, Inc. Was this forwarded to your office here 13 in Carlisle, Pennsylvania? 14 A. Yes, it was. 15 Q. Now, does Carlisle SynTec, to your 16 knowlc'dge, provide to authorized roofing applicators 17 who have gone through this process and been so 18 authorized by Carlisle SynTec, does Carlisle SynTec 19 then routinely provide any kind of technical support 20 to those applicators? 21 A. Yes, we do. 22 Q. And could you describe generally what 23 kind of support is offered to the authorized roofing 24 applicators? Page 21 - Page 24 Page 25 1 ,A. Once an applicator becomes authorized 2 and has received his training, we offer assistance in 3 the form of technical assistance on the jobs, either 4 through inspections, whether they be job-in-progress 5 inspections. 6 We also, as part of the process, for 7 the requirement of a warranty, we require the review 8 and approval of the architectural drawings for the 9 roof. Again, that's all done in Carlisle, 10 Pennsylvania. 11 And the roofing applicator can request 12 our assistance, really, on any project. If he gets 13 into a scenario where there are questions concerning 14 the installation, they contact our technical people in 15 Carlisle, Pennsylvania, for opinions and advice on 16 different applications. 17 18 19 20 21 22 23 24 (Whereupon the document was marked for identification as King Deposition Exhibit Number 3.) Q. Let's take a look at a few projects that, to my knowledge, were undertaken by Hurricane Systems using Carlisle materials. If you will take a look at what has collectively been marked as your Page 26 1 Deposition Exhibit 3, please. Are you familiar with 2 these types of documents? 3 A. Yes. 4 Q. Are these from the business records of 5 Carlisle SynTec? 6 A. Yes. They would be. These would be . 7 part of the job file documents. 8 Q. All right. Typically, then for each 9 commercial roofing project which is going to use 10 Carlisle products, is there a project file kept for 11 that particular installation at Carlisle? 12 A. Yes, there is. 13 Q. And looking at this collection of 14 documents, I see in the block at the top, Building 15 Name, Wal-Mart Super Center. Is that correct? 16 A. That's correct. 17 Q. And it indicates that the building 18 address would be Woodland Boulevard, Deland, 19 Florida? 20 A. That's correct. 21 Q. And at the bottom it would appear to 22 indicate that the applicator's signature, at least as 23 it is typed next to it, would be Richard F. Milanese. 24 Correct? CondenaeIt! 1M ROBERT L KING Page 27 I A. That's correct. 2 Q. Now, is this document typically filled 3 out by the authorized roofing applicator? 4 A. That's correct. This Page 1-- 5 Q. Page I of Exhibit 3. 6 A. Right, is the notice of award. And this 7 is the document that is submitted to Carlisle-- 8 Q. In Carlisle, PA? 9 A. In Carlisle, P A. 10 Q. --indicating that the roofing applicator 11 has lx:en awarded this project. And it would appear 12 that this document then is a description of the type 13 of installation, roofing installation that the 14 authoJized applicator intends to make. Is that 15 correct? 16 A. That's correct. 17 Q It tells us, and I'm just paraphrasing 18 some things now here, it tells us the system type that 19 is going to be installed. Right? 20 A That's correct. 21 Q The type of membrane that's going to be 22 used, it tells us the project size, the maximum 23 height, the type of installation that will be used, 24 the u&e of the roof. Page 28 1 And it also indicates whether there 2 are any special conditions as well. Now, this 3 document, you say, comes to Carlisle, Pennsylvania, 4 from the roofing applicator. Is it reviewed at 5 Carlisle? 6 A. It is reviewed at Carlisle by our 7 warranty services and systems design and review 8 group. 9 Q. And what are they looking for when they 10 review this information? II A. They're looking at, when they get the 12 infonnation in, if they document -- or if the 13 drawings didn't come with it, they'll be requesting 14 the ar(:hitectural drawings, what we commonly call IS shop drawings and reviewing the drawings to make 16 sure that the proposal, as indicated on the notice 17 of award, meets with what the shop drawings ] 8 indicate, 19 Q. And doesn't this document also indicate, 20 just lx,low the large block at the top, that a system 21 warranty is being requested? 22 A. That's correct. 23 Q. And this one they X'd off a IO-year 24 system warranty. Right? Page 25 - Page 28 Page 29 Page 3 I I , A. Correct. 1 correct? 2 Q. And they also indicated that they wanted 2 A. That's correct. 3 a material warranty, next to Sure-Seal? 3 Q. And here it was filled out that the 4 A. Correct. 4 project had been completed by the 15th of September, 5 Q. If there were something wrong with the 5 2003. Correct? 6 information contained on this page, what would be the 6 A. That's correct. 7 practice at Carlisle? 7 Q. If you will flip to the third page of 8 A. Typically, one of our people in the 8 this wllection, is this an example of the shop 9 warranty services and/or systems design and review, 9 drawing you referred to a moment ago? 10 they're two different departments, but depending on 10 A. Yes. This would be the shop drawing, 11 what the nature of the inquiry is, that we would 11 the roof drawing. 12 contact the roofing contractor and try to resolve any 12 Q. Now, is this submitted by the authorized 13 of the questions that they may have discovered or may 13 applicator? 14 have determined that might be an issue. 14 A. That's correct. 15 Q. And when you become a Carlisle 15 Q. And where does it go? 16 authorized roofing applicator, are you aware of this 16 A. It goes to Carlisle, Pennsylvania. 17 process if you wanted to obtain a warranty? 17 Q. And who at Carlisle or what department 18 A. Sure. It's part of the training and the 18 in C!Lrlisle, Pennsylvania, would look at this 19 instructions that they're given at the time they're 19 document? 20 approved. 20 A. This would be systems design and 21 Q. If you will flip to the second page of 21 review. 22 this collective package, it says at the top, Notice of 22 Q. And do you see the stamp down in the 23 A ward. And then it looks like somebody scratched out 23 corne:r there? 24 award. And I can't really make out the-- 24 A. Yes. Page 30 Page 32 1 A. I don't know what it says. It might be 1 Q. Who is that? 2 completion. 2 A. I'd say it's probably Duane Shcrade, It 3 Q. Right. And my understanding of the 3 says Duane G. I can't really say, but it is a systems 4 process at Carlisle is first you get the notice of 4 design and review person at Carlisle. 5 award sent in which says here's the project that I 5 Q. And to your knowledge, has Duane 6 have? . 6 Schrade, over the period of the last ten years, been 7 A. Urn-hum. 7 employed here at Carlisle Pennsylvania? 8 Q. Take a look at this information. And 8 A. Yes, he has. 9 then the next step is once you have actually completed 9 Q. He hasn't been located somewhere 10 the roofing system, you send in what is called a 10 outsiden 11 notice of completion? 11 A. No, He's been in Carlisle, PA. 12 A. Correct. 12 Q. Why would systems design and review 13 Q And the notice of completion then, I 13 here in Carlisle, Pennsylvania, look at this 14 believe, triggers an inspection? 14 docwnent? 15 A. The notice of completion is the 15 A. Again, just to determine that the roof 16 docwnent that generates the process of having the 16 plan ,;oincides with the paperwork or the notice of 17 project inspected and, hopefully, ultimately 17 award and notice of completion and that there may be 18 warranted. 18 diffeIent aspects of the roof that need to be reviewed 19 Q. And if I look at Page I and 2, the 19 and approved by our systems design and review people 20 notice of award and notice of completion in this 20 to maike sure that the project, as designed, would 21 package, it appears to me that the only principal 21 qualify and meet the technical requirements for a 22 difference is at the very bottom where you have a 22 warranty, 23 date work started and date job completed box at the 23 Q. Now, if you will flip to the next page, 24 bottom of the notice of completion. Is that 24 and tins is actually a two-page docwnent, at the top CondenseIt! 1M ROBERT L. KING Page 29 - Page 32 - Page 33 Page 35 1 it says Roofing System Warranty SWOO825. Now, is 1 letterhead, and it's signed Ingrid Soroko, admin 2 thiS the warranty which was ultimately issued for 2 assistant. Do you see that? 3 this Wal-Mart Super Center project we're talking 3 A. Yes, I do. 4 about? 4 Q. And in the description line it says, 5 A. Yes. 5 Notice of Award. Is that correct? 6 Q Where would this warranty have been 6 A. That is correct. 7 generated? 7 Q. And where was this facsimile, or I'm 8 A. In Carlisle, Pennsylvania. 8 sorry" letter of transmittal sent if you look at the 9 Q. And on the second page, you see 9 address at the top? 10 signature, Patrick D. McGrady. Do you know Mr. 10 A. It's addressed to PO Box 7000, Carlisle, 11 McGrady? 11 Pennsylvania. 12 A. I sure do. 12 Q. If you'll flip to the second page, is 13 Q. And where is Mr. McGrady located? 13 that the notice of award which appears to have been 14 A. In Carlisle, Pennsylvania. 14 sent with that transmittal page? 15 Q. And my understanding is, again, in 15 A. Yes, sir. 16 looking at roofing in the commercial context, 16 Q. And this is, again, a project. It says, 17 generally speaking, a commercial roofing customer 17 Building Name, Sea Cove Condominiums. And 18 wants an express written warranty? 18 this, again, is the notice of award for that project 19 A. That's correct. 19 which would appear to show the same types of 20 Q. And in the typical case, obviously, 20 information, albeit different in this instance, for 21 you're familiar with credit and how it applies in the 21 the intended roof installation. Is that correct? 22 roofing industry, does the owner hold retainage 22 A. That is correct. 23 pending receipt of the actual written warranty? 23 Q. And this is signed, it indicates, by Mr. 24 A. In many cases, they do. 24 Milanese? Page 34 Page 36 1 Q. So the roofing contractor or 1 A. Correct. 2 authorized roofing contractor needs this warranty 2 Q And the next page appears to be a shop 3 document in the typical course to receive their final 3 drawing-- Correct? 4 payment? 4 A Yes. It looks like it-- 5 A Usually, that's true. 5 Q --for this project. Again, we see a 6 Q. And if you will take a look at the 6 stamp and the initials, it looks like, DOS. Is that 7 package that has been marked as your deposition 7 correct? 8 Exhibit 4. Have you seen these documents before 8 A Yes. That's what it looks like. 9 today? 9 Q. It's not the greatest writing, but 10 A. Yes. 10 that's what it looks like? 11 --- II A Yes. 12 (Whereupon the document was marked for 12 Q To your knowledge, would that have been 13 identification as King Deposition Exhibit 13 Mr. Sehrade again? 14 Number 4.) 14 A. It could have been, yes. I'm not sure, 15 Q. And is this, using the language from 15 but it could have been. 16 earlier in your deposition, is this a project file 16 Q. Well, is there anybody else who would 17 from Carlisle known as Sea Cove Condominium 17 be reviewing the drawings, or was that done in 18 Association? 18 Carlisle? 19 A. Yes. 19 A. It's all done in Carlisle. 20 Q And these documents would come from the 20 Q. Carlisle, Pennsylvania? 21 business records at Carlisle? 21 A. Carlisle, Pennsylvania. 22 A. That is correct. 22 Q. And if you will flip to the next page, 23 Q. And the first page appears to be a 23 it again appears to be another drawing for the roofing 24 letter of transmittal on Hurricane Systems, Inc. 24 system. And then the next page says at the top, CondenseIt! TM ROBERT L. KING Page 33 - Page 36 Page 37 Page 39 ,1 SUre-Weld Inspection Report/Repair for Warranty. What 1 when the project was starting from a standpoint if we 2 is this docwnent? 2 opted to file an intent to lien, we would just want 3 A. This is a document that goes out with 3 that information. 4 the inspector who does the physical inspection of the 4 Q. And they forwarded that to you at your 5 project. 5 request? 6 Q. And the inspector actually goes to the 6 A. Correct. 7 roof? 7 Q. Several pages that talk about the condo. 8 A. The inspector actually goes physically 8 I think that's about it for that project. Put that 9 to the project, yes. 9 one to the side. 10 Q. And makes this report? 10 - -- 11 A. That's correct. 11 (Whereupon the document was marked for 12 Q And this is part of the process to 12 id<=ntification as King Deposition Exhibit 13 obtain an express warranty from Carlisle on the 13 Number 5.) 14 roofing system? 14 Q. If you will take take a look at what has 15 A. That is correct. 15 been marked collectively as your Deposition Exhibit 5, 16 Q. If you'll flip to the next page, 16 please. 17 Technical Assistance Report. What is that document? 17 A. Okay. 18 A. It looks like in this particular case 18 Q. And the first page appears to be, again, 19 the roofing contractor had requested a job in 19 a letter of transmittal from Hurricane Systems, Inc., 20 progress. Well, mayhe it wasn't a job in progress. 20 directed to Carlisle SynTec. It indicates that with 21 But there's a report that was issued by, it looks like 21 it is a notice of award/completion notice signed by 22 Don Briggs on August 14th. 22 Ingrid Soroko. Where would this information have been 23 And it has to do with, he obviously was 23 transmitted to? 24 requested to go out and take a look at the project by 24 A. It would have been sent to Carlisle, Page 38 Page 40 1 someone. 1 Pennsylvania, 2 Q. All right. And this is his report from 2 Q. And if you will look at the next page, 3 being at the project? 3 it says at the top, Notice of A ward. This is, again, 4 A. This would be his report, right. 4 Hurricane Systems forwarding project information to 5 Q. And the next page is just an invoice. 5 Carlisle SynTec at Carlisle, Pennsylvania, 6 We'll pass that for now. .And then the next page is a 6 headquarters. Correct? 7 Hurricane Systems facsimile? 7 A. That's correct. 8 A. Um-hwn. 8 Q. And this project, they have the building 9 Q. It's directed to you, Bob King, from 9 name 'lIS Island Shops-- 10 Ingrid Soroko. And in the typed-in section, we see, 10 A. Um-hwn. 11 Dear Sir, Attached please find a copy of the paperwork 11 Q --above. And again, they relate to 12 submitted for notice of commencement on 12 you information about the size of the roof, the type 13 above-referenced project. Original notice is being 13 of malerial and the warranty that is being 14 recorded today. 14 requested. 15 And then it's signed, Ingrid Soroko, 15 This information, again, as with the 16 Hurricane Systems, Inc. Could you tell us what that 16 first project and the second, would be reviewed here 17 is about? 17 in Carlisle, Pennsylvania? 18 A. TIley had just faxed in to us the notice 18 A. That is correct. 19 of commencement on the project. 19 Q. And at the bottom it indicates that the 20 Q. And that is the next page? 20 signature is that of Richard Milanese, Junior. 21 A. Yes. 21 Correct? 22 Q. Notice of Commencement, okay, and why 22 A. Correct. 23 did you want to see that? 23 Q. If you will flip to the next page, could 24 A. We just wanted to make sure, just know 24 you <k:scribe for us what this docwnent is? CondcnseIt! 1M ROBERT L. KING Page 37 - Page 40 Page 41 Page 43 1 ,A. This is a document that looks like it 1 A. Correct. 2 was sent via fax back to Hurricane by Diane Wilt, who 2 Q. What was the amount that was stated on 3 is a person that works in our office in Carlisle, P A. 3 the check? 4 Apparently, the document was deficient. 4 A. $68,250. 5 They were asking for some additional 5 Q. And it was made payable to, it would 6 information, like the items checked here were maximum 6 appe'U' to be, Carlisle SynTec, Incorporated. Is that 7 building height and membrane width. 7 correct? 8 Q. So this is Diane Wilt, after the review 8 A. Yes. 9 now of the information submitted by Hurricane, going 9 Q. And it's got Carlisle SynTec, 10 back to Hurricane and saying we need some more 10 Incorporated, PO Box 7000, Carlisle, PA 17013 typed on II information from you-- II the document. Is that right? 12 A. Correct. 12 A. That is correct. That's where it was 13 Q. --for this project? 13 mailed from. 14 A. That's correct. 14 C'. Now, after, were you notified that this 15 Q. And why would it be important that 15 check had been returned for insufficient funds? 16 Carlisle review the intended installation information 16 A. Yes, we were. 17 before the project moves forward? 17 Q. And what did you do after you were 18 A. Again, because the project was 18 notified that this check had been returned? 19 requesting a warranty and we wanted to make sure that 19 A. Obviously, we charged the check back 20 the project meets -- that we understand the project so 20 in the, system and contacted Hurricane for a 21 that we can detennine that the project, as it's 21 repllll:etnent. 22 defined, would meet those base requirements. 22 Q. And did you have any conversations 23 Q. And then the next page appears to be, 23 specifically with Mr. Milanese about the bad chec 24 again, a drawing that was submitted by Hurricane? 24 A. I had a couple of conversations with him Page 42 Pa I A. That's correct. I concerning this issue, yes. 2 Q And this information would be sent to 2 Q. Was another check sent to cover this 3 Carlisle, Pennsylvania, in connection with this 3 first insufficient fund check? 4 project? 4 A. Yes, there was. 5 A. That is correct. 5 --- 6 Q. Did there come l\ point in time when 6 (Whereupon the document was marked for 7 Carlisle SynTec experienced some problems with 7 identification as King Deposition Exhibit 8 Hurricane Systems paying for materials? 8 Number 7.) 9 A. Yes. 9 Q. If you will take a look at your 10 -- - 10 Deposition Exhibit 7, please. Was that a copy of the 11 (Whereupon the document was marked for II second check sent by Hurricane Systems in an attempt 12 identification as King Deposition Exhibit 12 to cover the check which was returned for insufficient 13 Number 6.) 13 funds? 14 Q. If you will take a look at what has been 14 A. Yes, it is. 15 marked as King Deposition Exhibit 6, please? 15 Q And what is the date on that second 16 A. Okay. 16 check? 17 Q. Do you recall this item? 17 A. 1be date on the second check is November 18 A. Il's check number, I believe, 11361, 18 18th, 2003, Check Number 11495, again, for $68,250 19 that was returned because of insufficient funds. 19 made payable to Carlisle SynTec, Incorporated, PO Box 20 Q. And was this a check from Hurricane 20 7000, Carlisle, PA. 21 Systems, Inc.? 21 Q Was that check good? 22 A. That is correct. 22 A That check was not good and was returned 23 Q. And the date of the check appears to be 23 because of insufficient funds, 24 October 31st, 2003. Is that right? 24 --. CondenleU! 1M ROBERT L. KING Page 41 - Page 44 Page 45 Page 47 1 (Whereupon the document was marked for 1 of Deposition Exhibit 6. And there are 2 identification as King Deposition Exhibit 2 diffe:rent notations on here, but the check itself is 3 Number 8.) 3 the same? 4 Q If you will take a look at your 4 A. That is correct. 5 Deposition 8, please. Do you remember receiving this 5 Q. And the information above the check on 6 correspondence from Mr. Milanese? 6 the page that relates to it being insufficiently 7 A. Yes, I do. 7 funded, that's the same, it would appear, for both 8 Q And that was directed to you at your 8 copi,~s? 9 office in Carlisle, Pennsylvania? 9 A. It's the same advice. It's like two 10 A. That is correct. 10 copi,~s of the same advice in the file. 11 Q. And Mr. Milanese, it would appear, was 11 Q. Right. I have nothing further at this 12 attempting to explain why the second check had not 12 time.. 13 cleared. Is that correct? 13 - -- 14 A. That is correct. 14 EXAMINATION 15 Q. Did he ever make good on that check, to 15 BY MR. TRAXLER: 16 your knowledge? 16 Q. Hello, Mr. King. As you know, I'm 17 A. Not to this point in time, no. 17 Michael Traxler and I represent the defendant, 18 --- 18 Hurricane Systems, Inc. First, I would like to take a 19 (Whereupon the document was marked for 19 little bit of time and get to know a little bit more 20 identification as King Deposition Exhibit 20 about Carlisle SynTec, Inc. 21 Number 9.) 21 Is your place of business in Carlisle, 22 Q. If you will take a look at your 22 Pennsylvania, the only offices that Carlisle SynTec 23 Deposition Exhibit 9, please. 23 maintains? 24 A. Yes. 24 A. Carlisle has other plants and facilities Page 46 Page 48 1 Q. Is this in response to Mr. Milanese's 1 throughout the country. 2 letter of December 5th, 2003? 2 Q. What other states would those plants and 3 A. Yes, it is. 3 facilities be in? 4 Q. And you indicate in this letter that you 4 A. Carlisle SynTec specifically has a plant 5 were a little reluctant to accept any further promises 5 in Gn:enville, Illinois, a plant in Senatobia, 6 that he is going to make good on the payment. Is that 6 Mississippi. We have a sales office in, outside of 7 correct? . 7 Atlanta. 8 A. That is correct. 8 We have other sales offices which 9 Q. And subsequent to this letter of 9 primarily are sales -- our field salespeople operate 10 December 8th, 2003, do you know whether Mr. Milanese 10 out of their homes throughout the country. 11 and his company have funded the amount set forth on 11 Q. Do you have any offices in Chicago, 12 the check? 12 Illinois? 13 A. No. They have not. 13 A. There is an office in Chicago, Illinois. 14 Q. Do you recall having any other 14 But that particular office is, the sales manager or 15 conversations or contact with Mr. Milanese other 15 the n:gional manager, I believe, operates out of his 16 than what we have been looking at so far here today, 16 home:. 17 phone calls maybe, but any written communications? 17 Q. What is the purpose of that office? 18 A. Not specifically, although I'm sure 18 A. To conduct business in the Chicago 19 there might be. But I don't recall any specifics. 19 marketplace. 20 -- - 20 Q. And in which state is your corporation 21 (Whereupon the docwnent was marked for 21 incorporated? 22 identification as King Deposition Exhibit 22 A. Unless it's changed, it was a Delaware 23 Number 10.) 23 corporation. It seems to change, but I believe we're 24 Q. I am going to mark what is another copy 24 still incorporated in Delaware. CondenaeIt! 1M ROBERT L, KING Page 45 - Page 48 , Page 49 Page 51 I Q. And you had indicated that you conduct I Systmts? 2 your business through regional sales reps? 2 A. I don't know for certain where they were 3 A. We have independent representatives 3 executed. 4 and distributors that sell our products that 4 Q. Was it in the offices here in Carlisle, 5 represent Carlisle as an independent rep and 5 Pennsylvania? 6 distributor. 6 A. I couldn't say that it would be. 7 Q. And is there a representative in the 7 Q. If it was executed here in Carlisle, 8 State of Florida? 8 Pennsylvania, at your offices, would you have been 9 A. There is a sales rep in the State of 9 pres<:nt for the signing of that document? 10 Florida, that is correct. 10 A. Not necessarily. 11 Q. Is that only one person, or are there 11 Q. You had indicated that these documents 12 more than one? 12 were forwarded to you after they had been executed. 13 A. Currently, there are, it's just one rep 13 Is that correct? 14 in the state of Florida, I believe. 14 A. That is correct. 15 Q. What is that person's name? 15 Q. And they weren't forwarded to you within 16 A. Currently, it's P and R Roofing, is the 16 your office? 17 independent rep. 17 A. I couldn't say where they came from at 18 Q. Is there a rep or was there a rep 18 this point. I do know that they come to my office. 19 employed in Florida by the name of Patrick Migliore? 19 All "pplications come to my office. 20 A. That is P and R Roofing. 20 Q. Do you remember how this was received? 21 Q. And he, obviously, is an employee of 21 Was it by mail, or was it by fax? 22 Carlisle SynTec? 22 A. I couldn't specifically remember, It 23 A. No, he's not. 23 most likely came by mail. It could have also come by 24 Q. He is an independent representative for 24 fax a;; well. Page 50 Page 52 1 Carlisle SynTec? 1 Q. But you don't know? 2 A. Yes. He is a commissioned 2 A. Not without seeing the original 3 representative. 3 documents. I think it could have come in pieces, too. 4 Q. And what would his duties entail on 4 A poJrtion could have come by fax and a portion could 5 behalf of Carlisle SynTec? 5 have come in the mail. 6 A. His duties are basically to sell the 6 Unfortunately, a lot of times some of . these don't come complete. 7 product, to market the systems and sell the product. 7 8 He earns a commission based on what he sells. 8 Q. Do you know who was responsible for 9 Q. And how would it have come to be that 9 sendiing these documents to you? 10 Hurricane Systems -- or how was it that the 10 A. The documents need to be reviewed by the 11 application process was initiated with Hurricane 11 rep, 100 authorized rep before they get sent to my 12 system? Who established the initial contact? 12 offio~. So I know that it would have had to get the 13 A. I truthfully can't say who would have 13 approval of the rep at that time and the regional 14 established the initial contact. 14 sales manager at that time. 15 Q. Did you seek out or did Carlisle SynTec 15 Q. And the rep at that time, is that 16 seek out Hurricane Systems to be an installer and 16 Patri,ck Migliore? 17 seller of Carlisle SynTec products? 17 A. I'm not sure, at the time that the 18 A. I'm not sure who would have sought out 18 initiaJ application was made, who the rep was. I 19 the, bringing on Hurricane Roofing. I have no idea 19 don't believe it was Pat Migliore at the initial 20 who that would have been. 20 time. 21 Q. Now, the application itself, do you 21 Q. And the sales manager, do you know who 22 know where that, the credit application and the 22 that person would have been at that time? 23 terms and conditions of sale, do you happen to know 23 A. The regional manager would have been 24 where those documents were executed by Hurricane 24 Janial Mack at that time. CondenseIt! 1M ROBERT L. KING Page 49 - Page 52 Page 53 Page 55 , 1 Q. Is it fair to say that both Janial Mack 1 know. 2 and whoever the sales representative were would have 2 BY MR. TRAXLER: 3 been located in the State of Florida? 3 Q. Is it fair to say that these documents 4 A. Not necessarily. 4 changc:d hands from when they left Hurricane Systems' 5 Q. Is it fair to say that Hurricane 5 hands? 6 Systems would have given the credit application and 6 MR. BARIC: I'll object to the form of 7 the terms and conditions of sale document to the 7 the question. 8 reps? 8 BY MR. TRAXLER: 9 A. The typical process would be that that 9 Q. You can still answer. Actually, you're 10 is how it would have been done because the rep would 10 requm~d to answer. 11 have to sign off on it and approve it before they get 11 MR. BARIC: The problem is did it 12 forwarded. 12 change hands, let's be a little more 13 Q. And then would the reps have given it 13 definitive in what we're talking about. Did 14 back to Hurricane Systems for any reason? 14 it change hands; obviously, at some point in 15 A. They could have. I don't know. 15 time it did change hands. It came in to Mr. 16 Q. Is it common for Carlisle SynTec to 16 King's hands, 17 receive these documents directly from the reps after 17 So you're again going back to this 18 they've reviewed them? 18 chain of custody thing, and he has already 19 A. Il typically goes from the rep to our 19 indicated that he doesn't know from looking at 20 regional manager. 20 these documents whether -- he's told you what 21 Q. And where is your regional manager 21 he: said is the typical course, which is fine, 22 located? 22 H~ certainly may testify to that. 23 A. The regional manager in this case would 23 But as to this particular package and 24 be, her base is Atlanta. 24 how it came through, he has said I do not Page 54 Page 56 I Q. So these documents, the credit 1 know. And I'm not going to let him speculate 2 application and the terms and conditions of sale, 2 as to how the particular package came 3 went to a rep and a sales manager first. Is that 3 through. 4 correct? 4 BY MR. TRAXLER: 5 A. That's typically how they do. How these 5 Q. But the fact remains that you don't 6 actually came through, 1'1]1 not exactly sure. But 6 know. Is that correct? 7 typically, it would be from the rep to the regional 7 A. I don't know, these particular 8 manager and then to Carlisle, PA. 8 documents, how they flowed and to whom and in what 9 Q. And the regional manager is located in 9 sequence. 10 Atlanta? 10 Q. Would it be uncommon for these 11 A. Her main base is Atlanta. 11 documents to come to you directly from Hurricane 12 Q. And then that person -- I'm sorry, what 12 Systems? 13 is her name? 13 A. Il would be uncommon, but it certainly 14 A. J anial Mack. 14 has happened in the past. But we don't continue the 15 Q. And would Janial Mack then report to 15 process until we have everyone's approval on it. 16 your offices here in Carlisle, Pennsylvania? 16 Q. Do you recall receiving these documents 17 A. That's correct. 17 directly from Hurricane Systems? 18 Q. So it seems fair to say that these 18 A. I can't say one way or the other. 19 documents were not forwarded to you by Hurricane 19 Q. Now, are any of the terms of these 20 Systems, directly from Hurricane Systems to your 20 agreements or the credit application open to 21 office? 21 negotiation? 22 MR. BARIC: Object to the form. That's 22 A. Typically not. 23 not the testimony. 23 Q. Why is that? 24 THE WITNESS: They may be. I don't 24 A. Because we'd find ourselves negotiating Condenselt! 1M ROBERT L. KING Page 53 - Page 56 Page 57 Page 59 1 every application that would come in. So the standard 1 docwnents were received at that lockbox in Chicago, 2 rerms and conditions of sale that we ask our customers 2 Illinois, before they were in your hands? 3 to execute, we do not allow -- we do not permit 3 A. I can't say one way or the other. 4 amendments to those. 4 Q. Were these checks actual physical 5 Q. Do you have any other offices other than 5 checks, not copies of the checks, ever in your 6 in Carlisle, Pennsylvania, that review and process 6 hands? 7 credit applications? 7 A. I can't say from right here whether 8 A. No. 8 that's a true statement or not. 9 Q. Was it necessary for these documents to 9 Q. Were they ever in Carlisle, 10 go through your offices here in Carlisle, 10 Pennsylvania? 11 Pennsylvania? II A. I can't say that one way or the other. 12 A. Yes, it is. 12 Q. While the whole application process was 13 Q. If you could take notice of Page 17 of 13 going on, did you at any time have any contact, I 14 King Exhibit Number 4, at the bottom of that document 14 guess" before these documents were submitted, the 15 there is an address? 15 credit application and the terms and conditions, did 16 A. Yes. 16 you have any contact with anybody at Hurricane 17 Q. Why are the payments required to go 17 Systems? 18 through that office in Chicago, Illinois? 18 A. I can't say one way or the other. 19 A. That's actually not an office. It's a 19 Q Who would have presented these documents 20 lockbox that all of our receipts, corporate-wide, go 20 to Hurricane Systems? 21 through. So all remittances that come to -- that are 21 A. I can't say. It could be, again, I can 22 deposited in Carlisle's accounts go through this 22 only say what the typical process is. 23 particular lockbox. 23 Q Could you tell me about that process, 24 Q. And at that time, once they're 24 please? Page 58 Page 60 1 received in that lockbox, what happens to those 1 A Again, typically, this would be -. the 2 payments? 2 information would come from a manufacturer's rep. And 3 A. Those payments, once the check is 3 it would proceed from that point. That's the typical 4 remitted to that lockbox, it is processed by Bank 4 process. 5 One. We receive an electronic transmission of the 5 Q. So typically, a rep would hand these 6 payments that were made, and the account is posted 6 documents to whoever the applicant was? accordingly. . 7 7 A. That's correct. 8 Q. The checks that are labeled as King 8 Q. You had mentioned your applicants are 9 Deposition Exhibits 6, 7 and 10, and 6 and 10 are 9 required to go through some sort of training prior to 10 substantially similar, I notice that these checks do 10 the time that they are able to install your 11 have an address of PO Box 7000 in Carlisle, PA? 11 materials? 12 A. Yes. 12 A. Yes. 13 Q. Would these checks have been mailed 13 Q Do you know where that training took 14 directly to the offices here in Carlisle, 14 place with Hurricane Systems? 15 Pennsylvania? 15 A. Specifically, I do not. 16 A. Most likely. 16 Q The technical support, are there any 17 Q. Is it possible that they went through 17 other offices outside of Pennsylvania and 18 the lockbox in Chicago, Illinois? 18 specifi,oally, the Carlisle office, that provide 19 A. Well, they would have had to go through 19 technical support for Carlisle SynTec products? 20 the lockbox in Chicago, Illinois. It's our only 20 A. All of the decision-making process in 21 depository location. So regardless of where the 21 terms of the job files and so forth is based out of 22 checks were mailed, they would be forwarded to that 22 Carlisi,:, P A. 23 address for processing. 23 Q. So if Hurricane Systems was having a 24 Q. Do you know whether or not these 24 problem with any of your materials or needed advice on Condenaelt! 1M ROBERT L. KING Page 57 - Page 60 Page 61 Page 63 1 how to properly install something, they would have to 1 Q. Does it say that they shall be subject 2 go'through your office, the offices here in Carlisle, 2 to the: jurisdiction of Pennsylvania courts? 3 Pennsylvania, to get that assistance? 3 MR. BARIC: I'm not going to let him 4 A. For the most part, yes. TIlere are some 4 get into legal interpretations of the 5 technical people in the field that they could perhaps 5 document. It says what it says. He read part 6 contact. But again, all of these documents really are 6 of it. If you think that language isn't in 7 housed here in Pennsylvania. 7 there, then, Mr. Traxler, you certainly may 8 Q. TIle warranties that Carlisle SynTec 8 take that position. 9 offers on their products or for their products, is it 9 BY MR. TRAXLER: 10 standard in the roofing materials industry to offer a 10 Q. You are required to answer the question. 11 warranty for your products? II Do you see that language in the document? 12 A. It's a standard process for Carlisle 12 MR. BARIC: If you don't see the 13 that we would issue warranties for installations. 13 I:mguage in the document, that's fine. 14 Q. And it is something you've been doing 14 THE WITNESS: I don't see that specific 15 for-- IS ilmguage in the docwnent. 16 A. Been doing it for as long as I've been 16 BY MR. TRAXLER: 17 with the company. 17 Q. Is it practice for Carlisle SynTec to, 18 Q. Are you able to say how Hurricane 18 at any time, advise its applicants that it is subject 19 Systems might have known that their credit 19 to the jurisdiction of Pennsylvania courts? 20 application would be processed here in Carlisle, 20 MR. BARIC: I'm going to object to the 21 Pennsylvania? 21 form. 22 A. No, not specifically. 22 MR. TRAXLER: On what presence? 23 Q. Can you recall at what point you first 23 MR. BARIC: What basis do you have for 24 had personal contact, you, yourself, had contact 24 him to say whether, as the credit manager -- I Page 62 Page 64 I with Hurricane Systems, whether it would be by I guess you could phrase it this way, do you, as 2 phone? 2 tI1e credit manager, say that, to a prospective 3 A. I know I spoke with Rich Milanese on 3 roofing applicator, whether the company does 4 numerous occasions, but the first particular point, 4 it or the general counsel does it or anybody 5 no, I can't remember. 5 else at the company does it, certainly is 6 Q. Would it have been after the time that 6 lx:yond his purview and not a fair question. 7 the credit application and'terms and conditions of 7 But you certainly may ask him whether he does 8 sale were submitted to you? 8 it or not. 9 A. I would think so. But again, I can't 9 BY MR TRAXLER: 10 say. I may have received a telephone call from him 10 Q. You have been employed at Carlisle 11 before the application was completed. I just can't II SynTe~ for 24 years. Correct? 12 recall. 12 A. Correct. 13 Q. Can you point to anywhere in the credit 13 Q. Have you ever known anybody at Carlisle 14 application or the terms and conditions of sale that 14 SynTe~ to make the statement that its applicants and 15 specifically states that in the event of default 15 instaUers will be subject to the jurisdiction of the 16 Hurricane Systems would be subject to the jurisdiction 16 Pennsylvania courts? 17 of Pennsylvania courts? 17 MR. BARIC: Did you ever hear anybody 18 A. I'd have to look. 18 say that? 19 Q (Handing) 19 THE WITNESS: I've never heard anybody 20 A. What the agreement does say on the 20 say that. 21 bottom, this is the terms and conditions of sale, 21 BY MR. TRAXLER: 22 Exhibit C 17, it says the agreement shall be 22 Q. Have you ever said it yourself? 23 governed by the laws of the Commonwealth of 23 A. Not that I can recall. 24 Pennsylvania. 24 Q. When you were requesting the information Condenaelt! TM ROBERT L, KING Page 61 - Page 64 Page 65 Page 67 1 pertaining to the balance sheet and the profits and 1 --- 2 losres for Hurricane Systems, would you have continued 2 REEXAMINATION 3 to maintain your relationship with Hurricane Systems 3 BY MR BARIC: 4 had they not submitted those docwnents? 4 Q. Just a few things further, Mr. King. 5 A. It depends on the context in which the 5 Let's go back and take a look at the authorized 6 docwnents were requested. I can't say one way or the 6 applicator agreement that was signed by -- your 7 other. 7 Deposition Exhibit I. Carlisle SynTec, Incorporated, 8 Q. Why were you requesting those 8 at the top, and is there an address set forth at the 9 docwnents? 9 top of the first page for Carlisle? 10 A. Which time? 10 A. Yes. II Q. I'll just find it here, on King II Q. Where is that address? 12 Deposition Exhibit Nwnber 2, Page 5-- 12 A. PO Box 7000, Carlisle, PA. 13 A. Okay. 13 Q All right. The first paragraph of the 14 Q. nthrough 10, I guess, is the balance 14 docwnent, Agreement made this blank day of blank, 15 sheet. There is a summary of it on Page 12. That's 15 200 I, between Carlisle SynTec, Incorporated, Carlisle, 16 a different one, I'm sorry. That's December 31st, 16 a Delaware Corporation. And what is the mailing 17 02. In December, during that time when it was 17 address for Carlisle? 18 submitted with the fax cover sheet on April 28th, 18 A PO Box 7000, Carlisle, Pennsylvania. 19 2003, why were you requesting a balance sheet at that 19 Q Let's flip to the fourth page of this 20 time? 20 document. And you'll see there is a numbered 21 A. On April 28th of 03, the reason we were 21 Paragraph 5, notice of award. And earlier you were 22 probably requesting this, it could have been, I can't 22 testifying from the project files that for these three 23 say for certain, but it might have been in conjunction 23 projects we've looked at today, Hurricane did submit a 24 with some pending orders. 24 notice of award for that project, bid projects. Page 66 Page 68 I It could have been in conjunction with I Corred? 2 some payment issues. I think this was n I just can't 2 A. Correct. 3 recall specifically without going back further in my 3 Q. And if you will look at Paragraph 5 (a), 4 files to see what this might have been. 4 this document says, and I'll read it, At its expense, 5 Q. What would have been the recourse if 5 applicator shall furnish to Carlisle for every job on 6 they didn't submit these docwnents to you? 6 which applicator is to install roofing systems, (i), , notice of award. 7 A. The recourse, could have a right to not 7 8 extend credit. 8 Now, the applicator would be Hurricane 9 Q. Is it fair to say that it was a 9 Systems. Right? 10 requirement for them to send you these docwnents? 10 A. Correct. II A. Yes. II Q And they're to furnish that notice of 12 Q. Was there any other place that they 12 award to Carlisle. Correct? 13 could have sent these docwnents other than Carlisle, 13 A. Correct. 14 Pennsylvania? 14 Q. And Carlisle, as defined in this 15 A. They could have sent them anywhere they 15 applicator agreement, is Carlisle, Pennsylvania? 16 wanted to. But the decision to n the analysis from 16 A. That's correct. 17 which these statements were reviewed would all be done 17 Q. And if you will look at Paragraph 6, 18 at Carlisle. 18 Inspections, the same page, at (a) we see, For every 19 Q. It had to be made in Carlisle? 19 job, applicator shall: (a), Send written notice to 20 A. It had to made in Carlisle. 20 Carlisle indicating completion of roofing systems 21 MR. BARIC: Pennsylvania. 21 installation. 22 THE WITNESS: Carlisle, Pennsylvania, 22 Now, Carlisle is defined by this 23 that is correct. 23 agreement as in Carlisle, Pennsylvania. Correct? 24 MR. TRAXLER: I have nothing further. 24 A. Correct. CondenseIt! 1M ROBERT L. KING Page 65 - Page 68 Page 69 1 Q. And the tIure project files we looked 2 thiough earlier today, we saw that Hurricane 3 Systems, as an applicator, indeed, sent a completion 4 notice to Carlisle in Carlisle, Pennsylvania. Is that 5 correct? 6 A That is correct. 7 Q. And now, if you will flip back to Page 8 8, please. 9 A Yes. 10 Q. At Paragraph 15, Governing Law, correct 11 me if I'm misquoting this, but that paragraph says, 12 This agreement shall be construed under the laws of 13 and by the courts of the Commonwealth of Pennsylvania. 14 Is that correct? 15 A That is correct. 16 Q. And this is the authorized applicator 17 agreement which was signed and submitted by Hurricane 18 Group. Is that correct? 19 A That is correct. 20 Q. And it comes from the business records 21 of Carlisle SynTec Systems. Is that correct? 22 A. That is correct. 23 Q. Did, to your knowledge, does anybody 24 other than Nick Shears have the right to sign an Page 70 1 authorized roofing applicator agreement on behalf of 2 Carlisle? I guess the president might? 3 A At this time, he was the only person, to 4 my knowledge. 5 Q. And just one quick point, on the 6 documents which were submitted and which are part of 7 your collective Exhibit 2, in' response to Mr. 8 Traxler's questions you indicated that you don't know 9 the path that some of these documents took. Would 10 they ultimately reach you? 11 A They ultimately come to me in Carlisle, 12 Pennsylvania. 13 Q. And you are the only one in Carlisle 14 over the last 20-odd years who makes determinations as 15 to whether credit is going to be extended to a 16 particular roofing applicator. Is that correct? 17 A. Well, I have other people in the 18 department, but it's all under my control. 19 Q. And it's all centralized here in 20 Carlisle, Pennsylvania? 21 A. It's all centralized in Carlisle, 22 Pennsylvania. 23 Q. Now, there is no question but that, 24 beginning on Page II of that collective group, we see Condenselt! TM ROBERT L, KING Page 71 1 a fax cover sheet from Mr. Milanese to you in 2 Carlisle, well, it's fair to say you know the track of 3 that document? 4 A Yes. 5 Q. That was from Mr. Milanese directed to 6 you by his own cover sheet? 7 A Correct. 8 Q. And likewise, the document that follows 9 it, which is the balance sheet which he references in 10 the fax sheet, that was directed to you by Mr. 11 Milanese. Correct? 12 A. That's correct. 13 0. And the next document, at Page 13, 14 indic;ltes that you were at least trying to have some 15 discourse with Mr. Milanese about what you needed. 16 All right? 17 A. That's true. 18 Q. And that's another fax cover sheet, in 19 fact, from Mr. Milanese directed to you dated February 20 7th, 2:003. And at the comment line now, he indicates 21 that he sent you a balance sheet. Now he's sending 22 you -- well, this, actually, in sequence, it looks 23 like he sent the P and L first? 24 A. Correct. Page 72 1 Q. And your comments indicate at the bottom 2 that that's not going to do it, 1 need a balance 3 sheet? 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Right. Q. And then Mr, Milanese responds, what is it, almost two months later, by then saying here is the balance sheet you requested. And from these documents, these fax cover sheets, does it appear that these documents were directed to you by Mr. Milanese? A. Yes. Q. And he is trying to get credit. Is that right? A. Correct. Q. As you sit here today, you don't know the direct, from your testimony, you don't know the direct track of those checks that we have looked at? A Not from the information I have specifically today. Q Is there anything else you could look at that would determine that? A. I can go back, and typically, the envelopes that come with the checks are scanned in. And ill may show, especially if it came in by courier Page 69 - Page 72 Page 73 Page 75 1 or some other way, I could probably determine where 1 accept the application if the docwnent had been 2 they came, if indeed, they came to us here in 2 modified in any way. But the actual credit decision, 3 Carlisle. 3 based on that docwnent, no. 4 I tend to believe that they probably 4 It is one piece of the process. And any 5 did, but I can't be certain. 5 one of those pieces that are not completed or missing, 6 Q. Right. And the notice of award and 6 the process stops. 7 notice of completion, we've seen in the agreement and 7 Q. Can you recall or do you have 8 you testified earlier that those would be sent for 8 documentation that shows when you decided to extend 9 projects to Carlisle, Pennsylvania. 9 credit to Hurricane Systems, specifically, the date? lO Having looked at the three files that we lO A. There is a date at the bottom of the 11 looked at earlier today, was that the course that 11 applicator agreement that my initials or my.. on 12 those documents took in these instances? 12 the la!rr page, indicates that I've reviewed this 13 A. Yes. They came in to Carlisle, PA. 13 document. 14 Q. And a commercial representative in the 14 And it looks like on February 14th of 01 15 state of Florida, do they have the right to determine 15 is the point in time that I had reviewed that 16 whether Carlisle is going to issue a warranty on a 16 particular document. 17 project? 17 Q. And if you could turn to Page I, what 18 A. No. 18 date was this agreement executed? 19 Q. Are they involved in that determination? 19 A. Well, Page I, the docwnent was executed, 20 A. They have no decision-making process in 20 it looks like it was -- somebody scratched out the 21 issuance of a warranty. 21 11th day of November 2000. They scratched out the 22 Q. They're just trying to sell product? 22 11th day of November and put 28th of March, 200\. So 23 A. Correct. 23 I have no idea what-- 24 Q. I have nothing further. Thanks. 24 Q. And the date this agreement was Page 74 Page 76 1 - -- 1 approved, on the last page, Page 9? 2 REEXAMINATION 2 A. The date it was approved was March 28th 3 BY MR. TRAXLER: 3 of 200!. 4 Q. The notices of award that come to 4 Q And if you could just read for us the 5 Carlisle, Pennsylvania, do they first pass through a 5 date that the terms and conditions of sale agreement 6 rep or a salesperson's hands in Florida before they 6 was executed, please? 7 come here? . 7 A. II looks like November 14th, 2000. 8 A. No. The notice of award, the notice of 8 Q Would you have received that document at 9 award can go through the rep's office. It doesn't 9 the same time you received the credit application or lO have to. lO near in time? 11 Q. And any orders for materials that would 11 A. Typically, they come together, yes. 12 have been submitted by Hurricane Systems, do they 12 MR. BARlC: Nothing further. 13 first go through a rep or a salesperson? 13 MR. TRAXLER: Nothing further. 14 A. They can. Again, they don't have to. 14 - -- 15 Q. Did you base your decision to extend 15 (Whereupon the deposition concluded at 16 credit or to not extend credit in this matter on 16 2:15 p.m.) 17 anything contained in the applicator agreement? 18 A. The applicator agreement is an integral 19 part of the total package. Is the credit decision 20 per se made on that document itself, no. However, if 21 there were changes to that document, one of the 22 things that we do is we review the document for 23 completeness. 24 And if there were changes, we would not CondenBeIt! 1M ROBERT L. KING Page 73 - Page 76 Page 77 Page 79 1 COMMONWEALTH OF PENNSYLVANIA) )ss I ACKNOWLEDGMENT OF DEPONENT 2 COIDfrY OF YORK ) 1, Robert L. King, do hereby certify that I 2 3 [, Lucinda K. Hoffman, Reporter and Notary 3 have read the foregoing pages, and that the same is a 4 Public in and for the Commonwealth of Penmylvania corn:ct transcription of the answers given by me to and County of Yark, do hereby certify that the 4 5 foregoing deposition was taken before me at the time the questions therein propounded, except for the and place hereinbefore set forth, and that it is the 5 6 restimony of: 6 corn:ctions or changes in form or substance, if any, 7 ROBERT L. KING 7 noted in the attached Errata sheet. 8 8 9 [further certify that said witness was by me duly sworn to testify the whole and complete truth in 9 D.re Robert L. King 10 said cause; that the testimony then given was reported by me stenographically, and subsequently 1:ra.mcribed 10 11 under my direction and supervision; and that the foregoing is a full, true and correct transcript of my II 12 original shorthand notes. 12 13 1 further certify that I am not counsel for or 13 14 related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not 14 15 interested in the subject matter or outcome thereof. 15 16 Dated at York, Pennsylvania, this 19th day of 16 17 May, 2004. ~~~~~ 17 18 18 19 19 20 Reporter. Notary Public NOTARIAL SEAL 21 WCINDA K. HOFFMAN. NotaiY PubliC Manchester Twp., York coun~ I 22 (The foregoing certificatio~ of this tr ....MIl Commission Expires Sept. 25, 4 23 not apply to any reproduction of the same by any means unless under the direct control and/or supervision of 23 24 the certifying reporter.) 24 Page 78 Page 80 1 1 ___w____ 2 INSTRUCTIONS TO WITNESS 2 ERRATA 3 Please read your deposition over 3 -------- 4 carefully and make any necessary corrections. You 4 PAGE LINE CHANGE 5 should state the reason in the appropriate space on 5 - - 6 the Errata sheet for any correction that is made. 6 - - 7 After doing so, please sign the 7 - - 8 Acknowledgement of Deponent sheet and date it. You 8 - - 9 are signing same subject to the cbanges you have noted 9 - - 10 on the Errata sheet, which will be attached to your 10 - - 11 deposition. II - - 12 It is imperative that you return the 12 - - 13 original Errata sheet and Acknowledgement of Deponent 13 - - 14 to the court reporter in the enclosed envelope within 14 - - 15 thirty (30) days of receipt of the deposition 15 - - 16 transcript by you. The court reporter will then 16 - - 17 distribute to all counsel. If you fail to do so, the 17 - - 18 deposition transcript may be deemed to be accurate and 18 - - 19 may be used in court. 19 - - 20 20 - - 21 21 - - 22 22 - - 23 - - 24 Condenaelt! 1M ROBERT L. KING Page 77 - Page 80 04/28/2004 09:53 ~~ 717 245 7133 SYNTEC LEG:\L ., BARIC,Dave ~001 .. 'r ." . ., . . '2<>iSI.l:J /'l 5'31'1 , 00 r CorioIe .SynTec Inccrpormed P.O.Ilcloc7000 CorlIoIo, PM 701 a (717) 2.s.7000 Carl isleSynTec Incorporated emnm C\,~(l.~k6- ~ ~pJ-~ AUTHORIZED ROOFING APPlICATOFI AGREEMENT . . . 1..i- ~.~ '"6'::/}f:C 2.00 I .' AGREEMENT made this 1t. day of [)\'u...'t>u . )oS'_, between Carlisle 5ynTec . Incorporated ("CarliSle"I, a'Delaware corporation, havin!~ a mailing address of P.O. Box 7000, Carlisle, Pennsylvania 17013 and '. . ThQ:. \.\U n\ C%nQ~ arl:lL\p. I1'\~. . 1.\ (name of ~anizaliOn) (<.. "". i \ :e: ~ '\OQ lJ. D\.M~\i.l\Q, c4c\. <..J\.U. Q, -:.. F'~~ri.,o- Box) ~M'1-;' ~6l.\.::9:j4-cq~lt tstale) (zip code) . Car" code/telephonll number) Rep/Dist. (' Applicator'l. i>Ompano ~ ( ity) . q~-Qfa(DS.. . Carea cOd!!lfax' number) doing business as a: (check applicable box and complete Iinel 01, Sole proprietor, 02.' Partnership; all general partners and their addresses are: . all limited partners and their addresses sire: . ~, Corporation organized under the laws of. Ft..oJ2.l DI't WITNESSETH In consideration of the mutual promises and undElrtakings stated herein, Carlisle and Applicator agree as follows: 1.' Grant (a) Carlisle grants to Applicator the non-exclusive right to purchase and . install Carlisle Roofing Systems ("Roofing Systems") consisting of all roofing products now or hereafter marketed by Carlisle 5ynTec IncorpClrated. (bl Carlisle reserves the right to sell. distribute and install Roofing Systems direct or through others. at Carlisle's discretion. DEPOSITION EXHIBIT J<,'h;) I .5-7-0lj LkJ../ 04/28/2004 09:54 FA! ili 245 i133 SYNTEC LEGAL ~ BARIC,Dave ~002 , ... . 2. General Duties of Aoolicator Applicator shall: (a) At Carlisle's'reQuest from time to time provide adequate assurance satisfactory to Carlisle of Applicator's due performance of its obligation's under this Agreement and Applicator's finandialresponsibility. . . .' . (b) Use its best efforts to sell and promote the use of Carlisle's Roofing Systems. (c) Attend.Carlisle training meetings and pay for travel, .Iodging, and living expenses while attending such meetings, Applicator agrees not to begin any installation of Roofing Systems until (i) Applicatolr has attended at least one (1) training meeting and Iii) Applicator is satisfied that it has received details. installation instructions, procedures, and updates... . Idl Advise every building'owner I"Building Owner~) in writing at the. time.Applicator su~mits its bid that Carlisle will provide Building Owner, at Applicator's expense as s.et forth in Carlisle's most current price list, the most current standard . form of the Carlisle Membrana Systems ,#arranty for commercial buildings I"Standard Warranty") at such time as Cariislahas accepted the installation of Roofing System and has received payment from the Applicator for' the Roofing. System' and the Standard Warranty, . Ie) . At the time a roofing contract is awarded to Applicator, provide to Carlisle a copy of all bonds' on public' or private work including the amount of the' bond and the name and address of the surety or guarantolr and also complete and provide to Carlisle the Carlisle form entitled "Request for Warranty.. . . (fl Follow all Roofing Systems specifications, details, installation instructions, and procedures as furnished In writing by Carlisle from time to time. . Applicator shall inquire about any' updates or revi~,ions regarding Roofing,' Systems . before beginning any roofing project. (g) < Comply with all federal, statl!, and local laws, regulations, ordinances, and governmental orders. 3. . General Duties of Carlisle Carlisle shall: . (a) Provide Applicator with instructi.,nal materials, instructions, and training which, in Carlisle's judgement, are necessar\! to assure adequate quality and uniformity in installation of Roofing Systems, Ib) Provide Applicator a reasonable supply of promotional material which, in Carlisle's jUdgement, is adequate for Applicator's use in the sale and promotion of Roofing Systems. (c) Provide to Building Owner, at Applicator's expense as set forth in Carlisle's most current price list, Carlisle's Standard Warranty. Carlisle reserves the right to refuse to issue a Standard Warranty if (i) its slPecifications, details, installation instructions, and procedures are not followed and it has not approved and accepted - 2- /" 04/28/2004 09:54 F~, i1i 245 i133 ~003 " . SYNTEC LEGAL ~ BARIC.Dave the installation, or (ii) it has not been paid for Roclfing Systems and the Standard Warranty. (d) At Carlisle's discretion furnish Applicator without charge technical assistance and advice for the purpose of evaluating watertight integrity of the installation of Roofing Systems. It is understood that Carlisle does not engage in the practice of engineering or architecture; any informatio.n provided to Carlisle shall be reviewed by Carlisle for the purpose of evaluatin~1 the watertight integrity of the inStallation of Roofing Systems only and not for any other purpose including but not limited to reviewing or approving structural design. the integrity of the roof or its structural parts. CARLISLE MAKES NQWARRANTV 'OF FITNESS FORA PARTICULAR PURPOSE AND SHALL NOT BE L1ABLE'FOR ANY INCIDENTAL OR CONSEQUENTIAL . DAMAGES. 4.. Purchase of Roofino SvstElms . ..' [a) All orders subr:nitted to Carlisle fpr Roofing Systems shall be in . writing. or confirmed in writing, and signed by Applicator. All orders shall be subject to final approval and acceptance by CarliSle lilits offk:e locatedirl Carlisle. Pennsylva- nia, '. Carlisle reserves the right to accept or reject alii or any part .ofan order without reason. (b) Carlisle shall sell materials to Applicator pursuant to such terms, conditions, prices. and shipping I)ractices as the parties may 'agree to, Carlisle reserves the right, in its sole discretion. to refus;e orders from Applicator or to . condition sales to Applicator upon payment in full in advance or other extraordinary credit/collection procedures. Carlisle reserves the ri"ht itself to change its price lists at any time, but in the event of an increase in the price applicable to orders already' placed by Applicator, Applicator may cancel such orclerwithout charge or penalty by written notice within ten (10) days after the date of :the announcement' of su'ch price increase,. . (c) Any sales. revenue. excise or other taxes applicable to Roofing Systems purchased by Applicator shall be added to the purchase price and shall be paid by' Applicator, or in lieu thereof. Applicator shall provide Carlisle with a tax exemption certificate or other proof of tax exemption in a form acceptable to the appropriate taxing authorities. . . (d) No Standard Warranty shall be i~isued or considered to be in full force and effect unless and until Applicator has paid Carlisle for the ROofing Systems, Standard Warranty, and above taxes (unless Applicator has submitted appropriate proof of tax exemption to Carlisle). - 3 - 04/28/2004 09:54 FA! 71i 245 7133 SYNTEC LEGAL ~ BARIC,Dave ~004 '. , . , . 5. Notice of Award (a) At its expense, Applicator shall furnish to Carlisle for every job on which Applicator is to install Roofing Systems: . (i) Notice Of Award of the roofing contract and copies of all job specifications, shop drawings, details, and other plans to be used in connection with' the installation of Roofing Systems, as soon assuclh items become available, (ii) a description of the nature of the work (i.e., public or private work), copies of all types and amounts of bonds furnished, and the name and address of the surety or guarantor and a completed copy ofthe Carlisle form entitled "Request forWarrahty. . (b) Carlisle's review of the above plans, details, and other information is for the purpose of evaluating watertight integri.ty only. CARLISLE MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPI:>SE AND SHALL NOT BE LIABLE' FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, (c) Regardless of whether Roofing Systems have been ordered from carlisle or. one of its authorized distributors, if Applicator fails to comply with paragraph 5(a), Carlisle or its authorized distributor shall not be obligated to ship any Roofing Systems to Applicator, and the purchase of floofing SystemS shall be. deemed . canceled without any cost, expense, or liability to Carlisle or its distributor.' 6. Insoections For every job, Applicator shall: (a) Send written notice to Carlisle, indicating completion of Roofing Systems installation, within seven (7) calendar days after' completion of the installation. (b) , Allow Carlisle to inspect and llccept (at Carlisle's option) the watertight integrity of. the installation of Roofing Systems. Carlisle may direct Applicator to make such changes or repairs as Carllisle d!lems necessary .for proper installation. Such changes or repairs shall be at Applicator's expense if Carlisle determines that Applicator failed to follow and adhere to Carlisle's written.specifica- tions, . details. installation instructions and procedures in effect at the time of installation; otherwise such changes shall be at Carlisle's expense. . Ie) For a periOd of two (2) years beginning with the date liPon which the installation passes final inspection by Carlisle or, in the event a Standard 'Warranty is' not issued pursuant to paragraph 3(c), then for a periOd of two (2) years beginning with the completion of the installation of Roofing Systems, repair upon request of either Building Owner or Carlisle, at Applicator's eXpllnSe. any leaks caused by faulty handling or installation of Roofing Systems including but not limited to the use of materials not approved by Carlisle. - 4- 04/28/2004 09:55 F~1 717 245 7133 SYNTEC LEGAL ~ BARIC.Dave laJoos , .' '. , (d) Allow Carlisle, at Carlisle's option, to inspect Roofing Systems at any time prior to the expiration of the two (2) year re,pair period, and at Applicator's expense follow such instructions and make such rE!pairs deemed necessary in the judgment of Carlisle to assure watertight integrity. At the end of said two 12) year period, Applicator shall have no further obligation to I"!"lake repairs at its expense under this Agreement, provided that Applicator has proll1;ptly commenced and diligently proceeded to correct and repair all leaks brought to its attention during said two 121 . year period and has successfully corrected andrepaire,d such leaks and the conditions causing them,' and further provided that Applicator has installed Roofing Systems in accordance with Carlisle's specifications, details, installation instructions' and procedures. Ie) Subject to the approval of Building Owner and Applicator's continuing status as a Carlisle Authorized Roofing Applicator, Carlisle will request a bid from the Applicator who completed the installation of Roofing Systems in the 'event that repair work becomes necessary after the above two (2) year period, . 7, Warrantv to Aoolicator Carlisle warrants its material to be freE! from defects at the time of its delivery to a project site, Carlisle's liability and Applicator's remedies are limited to Carlisle's replacement of defective material, F.O,S. fac:tory. Replacement of defective matetial will be made only upon Carlisle's Inspection of the material. Applicator' shall return defectiVe material and Carlisle shall pay the COlst of shipping only aft$r Carlisle . has sent definite shipping instructions. .' THERE ARE NO WARRANTIES EITHER EXPRESS .OR IMPLIED WHICH . EXTEND BEYOND THE FACE HEREOF INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARLISLE SHALL NOT SE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LAW. NO REPRESENTATIVE OF CARLISLE HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS ST)~TED HEREIN. . 8. Relations Between Parties (a) Applicator shall not use the name Carlisle, Carlisle's logo, or any other Carlisle trademark or trade name in Applicator's firm name or assumed name or in any other manner, provided, however, Applicator Imay indicate in correspondence or advertising related to Roofing Systems that it i,s a Carlisle Authorized Roofing . Applicator. Upon expiration or termination of this Agreement for any reason, Applicator shall immediately discontinue any use of any name, logo, trademark, or . trade name used by Carlisle, - 5 - 04/28/2004 09:55 ~tI i17 245 7133 SYNTEC LEGAL ., BARIC,Dave ~006 " . .' ~ (b) Applicator shall act only in Applicator's legal capacity as an independent contractor. In no event shall Applicator be an employee, franchisee, or agent of Carlisle. Carlisle is not a franchisor. Applicator has no authority to act for, or on beha"it of Carlisle or to bind Carlisle in any way whatsoever, and Applicator shall not so hold itself out to anyone or otherwise represent that Applicator has such authority. Applicator is not authorized to make or extend any promises, representa- tions, or warranties with respect to Roofing Systems except as set forth in Carlisle's Standard Warranty, 9. Excused Performance Neither party shall be held responsible for delays or failure to perform hereunder, except for payment Of monies when due, if caused by fires, floods, strikes, labor disputes, . accidents, acts of war, priorities required or requested by any governmental authority, transportation delays, restrictions imposed by federal, state or local laW, regulations or ordinances, or Carlisle's inability to secure raw materials . or energy, or for any other causes beyond a party's COntrol. 10. Indemnification (a) Applicator agrees to indemnify, pay for the defense of, and save Carlisle harmless from any and all damages, including harm to AppUcator's employees; losses or expenses including attorney's fees, direct or indirect, including settlement . of any claim subject to AppUcator's approval which al)proval.shall not be unreasonably withheld, which Carlisle may be subjected to because of Applicator's negUgence or failure to perform any term or condition of this Agreement. Carlisle shall not be obligated to appeal any judgement which would impose liability on Applicator. (b) '(i) CarUsle shall indemnify and Siave Applicator harmless from all damages. losses or expenses, including reaSOnable a:ttorney's fees, which Applicator may sustain as determined by a final judgement against Applicator or a settlement of any claim, approved in writing by Carlisle, resulting from Carlisle's negligence In performing or failure to perform its obligations under the Standard Warranty; provided, however, that this indemnity shall not be enforceable against Carlisle (whether or not Carlisle may have been negligent in performing or :failing. to perform its obligations under the Standard Warranty) if the damages, losses, or expenses sustained by. Applicator were caused in whole or in part from any .Ict or failure to act by Applicator as required by this Agreement. Iii) In the event that any claim, 8Gtion, or proceeding is threatened or made against Applicator which may impose liability on Carlisle under this indemnity. Applicator shall prOmptly serve written notice on Carlisle of such claim, action, or proceeding and Carlisle shall have the OPtion to join in the defense of the claim at its . expense. - 6 - 04/28/2004 09:55 FAX 717 245 7133 SYNTEC LEGAL .. BARI C . Dave Iili 007 I " . , , . Term of Aoreement: Termination (a) Application to be an Applicator is not deemed accepted by Carlisle until an authorized Carlisle employee has signed this Agreement and has returned one signed copy of this Agreement to Applicator, This Agreement shall remain in effect until: (i) Either party cancels this Agneement with or without cause by giving thirty (30) days prior written notice of termination to the other party by certified mail (return receipt requested) or by facsimile and ordinary mail at the address stated herein or such other address as either party may designate in writing. . (ii) Either party may terminatE! this Agreement immediately for breach of any covenant contained herein, . (iiiJ Subject to any provisions of law to the contrary. there is an adjudication of Applicator as a bankrupt 'or insolvent, or entry of an order, remairiing unstayed by appeal or otherwise for thirty (30) days, appointing a receiver or trustee' for Applicator, or for all or any of its property, or approving a petition seeking reorganization or other similar relief under the bankruptcy or other similar laws of the United States of America or any state, or the filing by the Applicator of a petition seeking any of the foregoing or consenting thereto, or the filing by the Applicator of a petition to take advantage of any debtors' act, or making a general assignment for the benefit of creditors, or admitting in writing its inability to pay its debts as they mature. (b) Unless otherwise agreed in writing by both parties, termination of this Agreement as provided herein shall automatically cancel all accepted orders for Roofing Systems not shipped by Carlisle by the' date of Carlisle's or Applicator's receipt of the termination notice, . Upon termination, Applicator will immediately furnish to Carlisle a list of all jobs for which Applic;~tor has been awarded contracts for the instalfation and use of Roofing Systems. If Applicator's account is not in arrears and Applicator has not otherwise breached the terms of this Agreement, then Carlisle in' its sole discretion may fill orders for such jl)bs in accordance with the terms arid conditions of this Agreement and will charge Applicator's account therefore, As a condition to filling such orders, Carlisle at its option may require Applicator to furnish a surety bond or other extraordinary credit/Collecl:ion procedures in an amount or manner acceptable to Carlisle's credit department. (c) Termination of this Agreement shall not relieve Applicator from its obligations imd liabilities hereunder, including but not limited to, its obligations to repair Roofing Systems as provided in paragraph 15, to complete the installation of Roofing Systems undertaken and not completed by Applicator by the date of the termination notice, and to make all payments due or accrued to Carlisle and other material suppliers. - 7 - 04/28/2004 09:58 FAX 717 245 7133 SYNTEc LEGAL .. BARIC.Dave ~008 \ . I' . 12. Waiver IThe .failure of either party to enforce at anytime any of the provisions hereof shall not be construed to be a waiver of such provision or of the right of such party thereafter to enforce any such provisions. 13. Assianment. The rights created by this Agreement lire personal' and not assignable, and the obligations imposed upon Applicator are Mt delegable with.out the written consent of Carlisle, provided. however, that Carlisle may assign this Agreement to its successors as well as to 'any entity or corporatic)n now or hereafter owned or controlled by or affiliated with Carlisle (d~fined as any corporation controlling or under common control with Carlisle), ". 14. Construction This Agreement constitutes the entire Aglreement between the parties and the parties acknowledge and agree that neither of them has made any representation . with respect to the subject matter of this Agreement or any representation inducing the execution and delivery hereOf except as specifiCally set forth in this Agreement. No change, alteration, modification, or addition to this Agreement:shall be effective unless in writing and signed by an authorized Carlisle ,employee. A mere acknowledg- ment or acceptance of any acts or performance by either party inconsistent with the terms of this Agreement shall not be deemed an acceptance or approval by Carlisle of such inconsistent acts or performance with respect to, SUbseQuent transactions. This Agreement supersedes and is in.lieu of all prior agreements or arrangements 'between the parties, The captions in this Agreement are for convenience only and shall not affect the interpretation hereof, 15. Governlna Law This Agreement shall be construed under the laws of, and by the courts of, the Commonwealth of Pennsylvania, and if any pr(lvision hereof shall be adjudged to contravene any applicable lawl the parties agrel3 to remain bound to all of the remaining provisions, - 8 . 04/28/20Q~ 09:56 FAX 717 245 7133 SYN1'EC LEGAL .. BARIC.Dave ~009 1 ., ". , IN WITNESS WHEREOF, the parties have causl~d this instrument to be executed in duplicate by their representatives duly authorized a:s of the day and year first above written. CarlislEl SynTec Incorporated By: _ '--1'u.~ .s\v~pg...J Nicholas J. Shears Vice President Sales Date Approved: 3,l.1,o( w."...,~~uJ~ 7A,~ ~rm,k..i.. c;.rn~ J'hc. (Applicator) By:_d~~~ /" .. Title: _ ,,4"("JI;~Hr-' Carlisle is a registered trademark of Carlisle Corporaltion - 9 - ~~( .. The Hurricane Group Pompano Beach, FL DEPOSITION ~\EXHIBIT I n~ :;L 5-7-{}f LK# Oct.29 01 11:00a Hurricane S~stemsllnc. 954-984-0665 P.l SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerline Road. Suite P.4 Pompano Beach, Florida 33073 (954) 9B4-0988 fax: (954) 984-0665 YNNI.hurrlcanesystem.com FAX T... Bob King F...nu Rich Milanese FU:~ Pag... 1 of 10 Phone, Dat.. 10/29/01 Re: Financial statement Urgent For R.vI.w Plea.. Comm.nt PI.a.. R.ply Pie.... R.cycl. . Comments: Please find attached Hunicane System 2000 Financial statement. Call with any questions. Thank you, Richard F. Milanese. Jr. If you do not r.c.lve all the faxe. plea.. call 954-984-0988 EXHIBIT"C" 1 Oct 29 01 11:00a Hu~~icane 5~Stems.Inc. flURRICANE SYSTEMS. II~C. FINANCIAL STATEMEN!~ DECEMBER 31. 2000 EXHIBIT"C" 95"1-98"1-0665 P.2 Oct 29 01 11: OOa Hurricane S~stems,Inc. 954-984-0665 HURRICANE SYSTEMS. INC. CONTENTS ~ ACCOUNTANT'S REPORT BALANCE SHEET STATEMENT OF INCOME AND RETAINED EARNINGS STATEMENT OF CASH FIDWS SCHEDULE OF NOTES PAYABLE SCHEDULE OF SELLING, GENERAL & ADMINISTRATIVE EXPENSES SCHEDULE OF CONTRACTS IN PROGRESS NOTES TO FINANCIAL STATEMENTS EXHIBIT lie'" 3 p.3 PAGE J. 2 3 4 5 6 7 8 Oct 29 01 11:01a Hurricane 5~stems.lnc. 954-984-0665 p.4 E. Gerald Block I CEHTIFlED 1'11111.1(' M~(,OI'NTANr 7.400 E. COMMERCI^L BOULEVARD. surre 719 FORT LAtlnEROAlF... FLORIDA 3)JOe TEL (9S<1776.0100 FAX, (9~1 772.3&40 Hurricane Systems, Inc. Fort Lauderdale, Florida I have compiled the accompanying balance sheet of Hurricane Systems, Inc. as of December 31, 2000 and the related statement of income and expenses for the year then ended in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of CertIfied Public Accountants. A compilation is limited to presenting in the l'orm of financial statements information that is the representation of manageOlent. I have not audited or reviewed the accompanying financial statements, and accordingly, do not express an opinion or any other form of assurance on them. ~~~ E. Gerald Block, C.P.A. Fort Lauderdale, Florida May 17, 2001 EXHIBIT"C" 4 Oct 29 01 11:01a Hurricane S~stems,Inc. 954-984-0SS5 HURRICANE SYSTEMS. INC. BALANCE SHEE1: DECEMBER 31. 2(100 ASSETS CURRENT ASSETS Cash in Bank Contracts Receivable Loan Receivable - Performance Marine PROPERTY AND EOUIPMENT Trucks and Automobiles Equipment Furniture and Fixtures Less: Accumulated Depreciation TOTAL ASSETS LIABILITIES AND STOCKHOLDER'S EOUITY CURRENT LIABILITIES Accounts Payable Notes Payable (Sc~edule-Page 5) Billings in Excess of Costs & Estimated Earnings on Uncompleted Contracts (Schedule-page 7) LONG TERM DEBT Notes Payable (Schedule-Page 5) TOTAL LIABILITIES STOCKHOLDER'S EOUITX Common Stock-$l Par Value, 1,000 authorized shares, 51000 issued and outstanding Retained Earnings TOTAL STOCKHOLDER'S EQUITY TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 11,265 512,820 25.00D 133,000 2,040 4.047 ~39,087 ( 74.818) $330,915 31,9C9 40.500 510 147.704 The accompanying schedules and notes are an integra.l part of these financial st.atements. EXHIBIT"C" 5 p.5 $549,085 64.269 $613.354 $403,404 61.736 465,140 148.214 $613.354 Oct 2S 01 11:01a Hurricane S~stems,Inc. S54-S84-0665 p.6 HURRICANE SYSTEMS. INC. STATEMENT OF INCOME AND RETAINED EARNINGS YEAR ENDED DECEMBER 31. 2000 CONTRACT REVENlJF.S $ 2,608,139 ". DIRECT COSTS Material and Freig~t Labor Subcontractors Auto and Truck Expense Equipment Rental Permits and Bidding Other Job Costs $1.445.730 195,907 438.501 33,323 12,567 4,174 11.442 GROSS PROFIT ON CONTRACTS 2.141.644 466,495 SELLING. GENERAL AND ADMINISTRATIVE EXPENSES (Schedule-page 6) 284.978 INCOME FROM OPERATIONS 181,517 OTHER (INCOME) AND EXPENSES Officer's Compensation 40.500 NET INCOME (Note 2) RETAINED EARNINGS, January 1 LESS: DISTRIBUTIONS MADE DURING YEAR lU,017 11,227 RETAINED EARNINGS, December 31 4.540) $ 147.704 The accompanying schedules and notes are an integral part of these financial statements. EXHIBIT " e" 6 Oct. 29 01 11:02a Hurricane S~stems,Inc. 954-984-0665 HURRICANE SYSTEMS, INC. STATEMENT OF CASH FLOWS YEAR ENDED DECEMBER 31. 2000 CASH FLOWS FROM OPERATING ACTIVITIES ':, Net Income Adjustments to Reconcile Net Income to Net Cash Provided by Operating Acti vi ties: Depreciation and Amortization Increase in Contracts Receivable Net Increase in Billings in Excess of Costs and Estimated Earnings on Uncompleted Cont:racts Increase in Accounts Payable Net Cash PJ.:'ovided by Operating ActiVities CASH FLOWS FROM INVESTING ACTIVITIES Acquisition of Equipment Net Cash Used by Investing Activities CASH FLOWS FROM FINANCING ACTIVITIES Increase in Notes Payable Distribution to Stockholder Net Cash Provided by Financing Activities Net Cash Incrp.ase Cash at January 1 Cash at December 31 $ 52,961 D85,658) 37,205 219.028 40.3851 15,967 4.5401 The accompanying schedules and notes are an integral part of these financial st.atement.s. EXHrB"IT " C" 7 p.? $ 141,017 76.464) 64,553 ( 40,385) 11.427 35,595 24.3301 $ 11.265 Oct?5 01 11:02a Hurricane S~stems,Inc. 554-584-0665 HURRICANE SYSTEMS. INC. SCHEDULE OF NOTES l'AYABLE YEAR ENDED DECEMBER 31. 2000 Fcrd Motor Credit-secured by 1999 F'350, payable for 48 months at $681.06 per month (which includes interest), final payment 3-3-03. Ford Motor Credit-secured by 2000 F150, payable for 49 months at $416.59 per month (which includes interest), final payment 3-31-04. Ford Motor Credit-secured by 2000 Ford Truck, payable for 48 months at $674.12 per month (which includes interest), final payment 12-7-04. Ford Motor Credit-secured by 1994 EXplorer, payable for 36 months at $398.68 per month (which includes interest), final payment 8-25-02. Ford Motor Credit-secured by 2000 F150, payable for 48 months at $495.36 per month (which includes interest), final pa~ent 7-15-04. TOTAL EXHIBI~ "e" 8 I'ORTION DUE WITHIN ONE YEAR PORTION DUE AFTER ONE YEAR $ 8,173 $11,578 4,999 12,081. 1l,089 18,202 IJ~ 1784 3,528 -2, 944 16.347 lli.989 $61.736 p.8 . TOTAL $19,751 17,080 26,291 8,312 22.291 $93.725 Oct 2~ 01 11:02a Hurricane S~stems,Inc. p.9 954-984-0665 HUR~ICANE SYSTEMS. INC. SCHEDULE OF SELLING. GENERAL AND ADMINISTRATIVE EXPENSES YEAR ENDED DECEMBER :11, 2000 , Advertising Bad Debt Bank Charges Consulting Depreciation and Amortization Entertainment Insurance Interest Legal and Accounting Maintenance and Repair Miscellaneous ExpensE~ Office Expense Payroll Administration Fee Payroll Taxes Rent Supplies Taxes and Licenses Telephone & Utilities Travel $ 2,100 16,250 6,792 34,409 52,961 J.2,787 75,343 822 8,871 4,635 2,685 6,280 7,679 2,650 19,070 7,335 2,709 17,347 4.253 TOTAL $284.978 EXHIBIT "e " 9 Oct 29 01 11: 02a Hurricane S~5tems,Inc. 954-984-0665 p.l0 HURRICANE SYSTEMS, INC. NOTES TO FINANCIAL STATEMENTS DECEMBER. 31.. 2'000 1 - SIGNIFICANT ACCOUNTING POLICIES Activities: reroofing. The company's principal ac:tivity is commercial The work is performed primarily under fixed-price contracts. industrial Revenue and Costs Recognition: Revenue from fixed-price construction contracts are recognized on the percentage-of-completion method, measured by the percentage of labor costs incurred to date to estimated total labor costs for each contract. The same method is used for income tax purposes. The asset, "Costs and Estimated Earnings in Excess of Billings on Uncompleted Contractsll, represents revenues recognized in excess of amounts billed. The liability, "Billings in Excess of Costs and Estimated Earnings on Uncompleted Contracts", represents billings in excess of revenues recognized. Equipment and Depreciation: The company depreciation using the modified accelerated presentation and income tax purposes. reCClrds property at cost and computes cost; recovery system for both financial 2 - INCOME TAXES No provision has been made for federal corporat'e income taxes since the company has elected to be taxed as a Sub-Chapter 'S' corporation in which the individual stockholders report their pro-rata share of net income or loss on their personal federal income tax returns. 3 - NAME CHANGE As of March 7, 2001, the name of the corporation has been changed to Hurricane Systems, Inc. EXHIBIT " e" 10 Apr 28 0::1 Ol'55p Hurr i cane S:::Istems, I nc. 954-984-0665 p.l SYSTEMS. INC. Single-Ply Roofing Specialists 4100 North Powe,line Road. Suite P.4 Pompano Beach. Florida 33073 (954) 984-0988 fax: (954) 984.0665 W\WI.hurricanesystem.com FAX To: Bob King I Carlisle From: Rich Milllnese Fax: 717-245-7125 PIIgeS: 2 I'honeC Date: 4/28103 RoN Balance Sheet eel o Urgent X For R.vl_ o PIN.. Comm.nt o Pl..... Reply o PI.... Recycl. . Co_ls: Endosed is the infamous 'Balance Sheer pursuant to your requesl Thanks for your patience. If you do not recelv. all the faxes pi.... call (854) lIa+o9l18. EXHIBIT"C" /~~/' <--, 1 1 Apr 28 03 01:55p Hurr i cane S:,jstems, I nc. Hurricane Systems, Inc. Balance Sheet As of December 2002 Dee 31, 02 ASSETS Current Assets Checking/Savings Oporatlng Point. Bank 0885 Payroll Pointe Bank 1394 Total Checking/Savings 50.123 9,214 59.337 Accounts ReceIvable 641.247 Other Current Assets Employee AdvancH Loans Receivable Parformance MarinI Robon urson Total Loan. Receivable Total Other Curmll Assets 4,872 25,000 2.500. 27,500. 32,372 . Total Current Asalts 732,956 Ftxad As.ets Olllce Equipment Machinory & Equipment Vehicles Less: Accum Depreciation Tolal Fi.ed As.ets 11,609 27,452 119,467 (87.568l 70,960_ TOTAL ASSETS - 803,918= LIABILITIES & EQUITY Liabilities ( Current L1abillUes Accounts Payable AlP - Overhead AlP - Trade Total Accounts Payable Total Cumtnt Liabilities Tobl liabilities 12,065 548,534 560,599' - 560,599' 560.599' Equity Capital Stock Retained Earnings Total Equity 510 242,807 243,3H - TOTAL LIABILIT1ES & EQUITY - 803,916~ EXHIBIT "e" 1 2 854-884-0665 p.2 Page 10'1 Feb 07 03 02:59p Hurricane S~stems, Inc. 954-984-0665 p.l . - FAX "nr. Bob King f Carlisle FaJD 717-245-7125 F_ Rich MilBlnGse P81f8S: 3 ~\~~ SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerline Road, Suite P.4 Pompano Beach, Florida 33073 (954) 984-0988 fax: (954) 984-06~ 'NWW,hurricanesystem.com'\. p,-* Dale. 2/7103 ReI P&L-2002 CCI [J PI_. Recycle o U.,....t X For RevIew [J PIeu. Co_nt 0 PI..... Reply · Ct....._.tal Bob, enclosed is the 'in house" P & L pursuant to your request Please give me a call at the otllce upon rel;sipt of the same. Thanks. ~ ,.,J '" ) If you do not ..Olive aI' th_,.,... ,1-.- can (11S4) 884-0~ l fl, '" #', tI' _).1{-0 3 - - /T'11f1 2. :r....'1 r' -d-; ~J..u,I-t:c?- - ~r t?.t d J p/l--" ~.~~r Z - Z'l' .... () '5 wllOc;, ~((I.~ .('()r tl vfv' ~------ ~><---~., EXHIBIT I. e" I;;;: C!a/V J/7/0?-{J1,J-~ /L ~d~ fI<<?'(J . .- .' . ~ W.." . .'.J".. . ~.. Feb 07 03 02:59p Hurricane S~stemss Inc. Hurricane Systems, Inc. Profit and Loss January through December 2002 Ordinary IncomalExpens. Income New ConstrucUon R.palrs Reroofing Tot3llncome Cost of Goods Sold Conluldng & Tasdng Dump FHS Equlpm.nt R.ntal Materials Permits Sal.. Commissions Subeont...cted Services TOlalCOGS Gro.. Profit Expens. Adv.rtI.lng Bank Servlce Charges CharitylDonadons Computer Expo..... ConaulUng Depreclatlon Expense Due. & Subscription. Continuing Education Equlpmlnt Repair Ie. & Water Insuranc:e Liability Inaurance Medical Ralmburaements Group Hoollh Total Insurance Int....t & Finance Charg.. Licenses & Fees Meals & Entertainment Office Repairs & Maintenance omCI Suppll.s Staff L.aslng Per Diem Pest Control Postagl & Courier Professional Fees Accounting Le9a' FOI. Total Prof..slona' Foea EXHIBIT"C" 14 954-984-0665 Jan. Dee '02 2,592,813 152,498 749,248 3,494,559 3,945 6,403 6,425 1,882,130 8,227 1,!500 580,696 2,489,327 1,005,232 3,600 285 5,250 2,540 2,383 17,364 500 300 6,421 1,420 31,122 795 7,50D 39,426 15,230 477 4,259 2.419 3.892 417,929 27,614 445 2.881 2.775 27,456 30,231 p.2 Pa90 1 of 2 Feb 07 03 02:59p , Hurricane S~stems. Inc. Hurricane Systems, Inc. Profit and Loss January through December 2002 Rent Securtty Taxes Telephone Tool. .. Sm.U Equipment Trav.1 .. Lodging UtlUlie. Vehicle Expen.e Fuel Inaurllnce Leased Vehicle. Malntan.nce .. Repairs Tlgs & Ucensn ToUs .. Parking Vehicle Expense. Other Total Vehicle Expense Total Expense Net Qrdlnary Incom. Net Income EXHIBIT" e" 15 954-984-0665 Jan . Dee '02 21.583 614 3,342 13.231 5,624 28,077 6.604 17,497 12,489 708 9,755 300 4,858 681 45,289 708,209 297.024 297,024 p.3 Plgo 2 0' 2 CREDIT APPLICATION ~~~E~~~:;n~. ~:-~~~t\:~R~~~~i4~~panc> ~",~I~~w~M STIPROV ll...:ZI!e>3c13 Special Building Address: Organizational Structure Type ,)f BusiDeaa ~Obf'~ r,.,f\ "\Yn (' h)~ Proprietonhip Dale Bus. Eatabli L. W-.. Partnenhip /I YI1. under present control __ Cf Corporation .-t. /I yrs. in present location --.3 StlProv. of Inc. BusiDeaa !hone , .tis!>~ - ell !l"il Number of Employees: Management ~ ~bor J.5- Fax /I (lS\/>...9S4 -0 Ip"'~ I Do you desire a monthlyllalement? Yea ~No_ Federal 101/ 0~ 0'7_7114_ Accounting - Financial Statement Year-End (Month) ~ . ( OWNERS/PARTNERS/OmC~ PrincipaUI Name '\<ic.h"w-d F. Mil dYlcSQ..., 1r. Address - . . Princip.t 12 NIUDe ~I i ail Nl.. lJ.J anct.sfl., ~~~t:~~ CREDIT REFERENCES: (Complete Addresses and Telephone NllImbers Required) Telephone No. Folio. Account No. ,) . h=1It.'~ B5q )"TICf> ~ iSeoo ~00/5i'7{) r\ltn UUl ~\.... () - SECURED TRANSACTIONS - UNIFORM COMMERCIAL CODE FILINGS . Lien Holder Collateral Pledged 1. ,",01'10 2. 3. 1.- .., Banb~ 1. (Name) 'c . (~~:rt . ~r~~~~'l 2. 'lame) ,Address) Suppliers 1. (Name) (Address) .~ 2. (Name) (Address) 4. ~ \.. 6. (Name) (Address) BONDING ~MATlON: Surety Name pliod u...pon'dpprm'JA L Surety Address Bonding Limit CAR1I5L ( ( ) ) \3'Jl~q -. .:rn\6L2.oo.\'umJ t. (51t>/) '&03- ~~ ( ) fl5'-l ) q~~- 14-D1 )>3 nDD () - ~ ) ~DCO ( ) ('lcO) ~L\~ ..J~lU. ~ ~rt'~'({c>Ji.u- () - ft::r~~::.._-~sr(". ('1~'1) Q..'~-~~~ t\l.lltRIC.' ~t')l'Y\\th) ( ) ~urto. ~a\d.(2..z..., I W/A "t\,rc,/ ~~ ( ( ) ) EXHIBIT"C" 1 6 Agent's Name Agent'a Address _ Amount .' Carlisle SynTec Incorporated P.O. Box 7000 Carlisle. PA 17013 (717) 245.7000 Carlisle SynTec Incorporated EXHHIT"C" es TERMS AND CONDITIONS OF SALE Accejllance of your order Is e>cpressly cond~ioned upon acceptance by you as the Buyer of lho. lerms and cond~ions stated below on this acknowledgment. ClII1Isle SynTec Inco<porated (her.lnaner .Sellef") shan not be bound by any Buyefs terms arKl conditions of sale Which attempt to Impose any COnditiono at Ylriance with SeIIer'l terms and cond~ions of sale which are Included herein or are stated on Sellofs technical data sheels, catalogs. Invoices Ind packages. Seller'1 failure to object to provlslona contalned In Buyof's forms shan not be deemed I waiver of the provisions of the S.1lIf'1 tenns and conditions which - constllut.the .mire contrKl between the parties. : 1. PRICE. S.lIer res.rv.. the right to change Its priet schedule at .ny lime without nolIce. In the event of an Incr.... In pr1ce .ppllcable to ordets P*ed by thl Buyer, the Buyer may cancel such ordelI at.ny lime within ten (10) cloys .n" nolIce of such Incr_. The omount O/the present or l'uIIn .ales, _ue, exclso or other taxes Ipplcable to the good., shan be _ to the purchase pr1ce and shall be paid by the Buyer, or In lieu thersof, the Buyer shea provide Seller with I tax exemption cortlllcale or other proof of tax exemlllion acceptable to the tlldng luthorIies. 2. DELIVERY AND TRANSPORTATION. In the absenc:e of prier specla/ Il'1'lIllgIment agreed to by Seller Ind Buyer, goods sri :1OId and IhIpped I. follows: (I) Shipments of 24,000 Ibe. (a ~ IrucIdood) or more are sold F.O.B. deslinatlcn. (b) Shipments of less than 24,000 Ibs. (less than a stendard truckload) are solei with freight prepaid by Seller to destination. H_, Seller wit biI Buyer and Buyer win pay SeI1er for freight charges from Selllf's Plant or Seller'1 Distribution Center to point 0/ delivery. (c) In both Instances [(a) and (b) above), rIslc of loss In trans~ shan be borne by the Seller. 3. PAYMENT TERMS. Buyer allfHS to make payment In accordance with terms stated on the face 0/ the order. If Buyer defaults, Is Insoivent or If Buye(. credl Is Impaired, S.ner shall have the right to (1) demand payment In full for any goods dtlivered or before proceeding with manufacture of goods; (2) withhold .hlpment. In whole or In part; and (3) recall goodl In transit. Invoices not ,..Id within the lime period allowed by the staled tenns wit be a_ I finance chargl of 1 1/2% per month (1 B'l6 per year) on the unpaid balance I>r the maximum allowable rat. permitted by law. .. DELAYS. Saller - not be held responsible for delay In deliveries hereunder If caused by r~es, f~s, strikes, Iebor dl.putes, sccIdents, acts of war, priorities required or requested by any gc>vemment luthority, transportation delays, rostrlcllo,," Imposed by Fed.raI or Stat. law or regulations, SelI11'. inability to secure _ ma1erlals or other causes beyond Sener'. control. S. WARRANTIES AND DISCLAIMERS. S.lIer warranls Its products descnbed on the faco of the order to be free from defectllln material. and -manshlp. Seller'l lability and 1Iuyel'. remedy Ire limited, at S.IlIf'. opUon, to the replacoment of defective good. at the F.().B. point or repayment 01 the purchase priet. R'placement of defectlvl good. or repayment of the purchase priet will be made only upon Sellll'. receipt of Buyer'. written nolIce that the goods are defective, and upon Selllf'. In.pectIon 01 11)0 goods, buyer shan return defective goods and Seller shan bear th. cost of shipping only liter Seller has sent Buyer dollnil. shipping 1nstrucUon8. CARLISLE MAKES NO WARRANTY EXPRESSED OR IMPLIED INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. SELLER SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY BREACH OF WARRANTY. NO REPRESENTATIVE OF THE SELLER HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. 8. CANCELLATION. Except as provided In paragraph one (1), 111 order placed by Buyer and accepted by Seller shan not be canceled by Buyer without s.n.... written consent. Any cancenatlon shan be upon termslhat will indemnify Seller against loss. 7. RETURNED GOODS. Except al provided In paragraph ftvo (5), goods shall not be returned 10 Seller without first obtaining ~e written consent. Only good. currently being manufactured by Seller and sold to Buyers within nlnely (90) days from the date of Ihe order shall be considered for return. Gooda occepted for cred~ shall be subject to a minimum service charge of !wenty-five (25%) percent of the original purchase price. Alltransportallon charges and risks 01 loss shall be born. by th. Buyer. Goods custom manufactured for Buyefs speclrlClllc"s shall not be accepted lor cred"rt under any circumstances. 8. GENERAL The failure on Selle(s part to Insist upon a strict performance of any or the terms and t:ondftions herein shall not be deemed to be . waiver of such terms or coridltions or of any rights or remedies which Seller may have In dtmandlng strict performance of all th. terms and conditIona herein contained. Remedies herein reserved to seller shall be cumulallv. and addlllonallo any other or further remed1es provided by law. Th. taking of any action by S.lIer shan not be deemed 10 be an election of that action to the exclusion of others. Th. captlonl sre Inseried only as a matter of convenlenc. and are for reference and In no way defin., limn or describe the scope of thiis agreement nor the Inlent of any provlslon thereof. This aCknowledgm.nt together with BuyeI's duly accepled order, conslilutes the enllre agreement belween the parties hereto and may not be chang.d or modlfi.d except In writing signed by the parties to be charged. Th. agrer,menls shall be governed by th. laws 01 th. Commonwealth of Pennsylvania. SELLER RESERVES THE RIGHT TO ACCEPT ALL OR PART OF ANY ORDER. Th. Buyer hereby acknowledges receipt end agreement to these terms and conditions which shall, until further notlc.. apply to all conl:racts for th. sal. 01 good. entered Into with Seller. . Fi~~jrI4ioo - 01/29/01 The Hurricane Group, Inc. Profit and Loss January through December 2(100 Work Comp Total Payroll Exp Postage & Courier Professional Fees Accounting Legal Fee. Professional Fee. . Other Total PrOfessional Fee. Rent Security Suspense (To Be Classlfted) Taxes Personal Property State Taxes. Other Total Taxe. Telephone Tool. & Small Equipment Travel & lodging Uncategorlzed Expenses UtIlities Vehicle Expense Employee Auto Fuel Insurance Lease Pm! 99 Corvette Lease Pm! 99 F350 Maintenance & Repairs Tags & Ucenses Toll. & Parking Vehicle Expense - Other Total Vehicle Expense Total Expense Net OrdInary Income Net Income EXHIBIT"C" 1q Jan. Dee '00 46,154.15 292,800.93 1,&6.05 4.355.25 2.405.00 2,110.00 8,871.15 19,069.86 751.26 1,444.82 163.50 758.75 127.05 1.049.:!l 15,625.74 6,764.56 4,253.40 0.00 1,721.62 33J.00 14,3S9.20 10,047.10 6,271.44 6,eoo.20 895.63 450.00 650.66 0.00 42,054.03 532,678.66 227,373.78 227,373.78 Page 2 /. ..'/a'd I .' !/ If / l , / ,/ oll 01 10:29a March 30, 2001 Hurricane S~stems, In-c. 954-984-0665 David R. Farbsteln, Esquire 2765 West Cypress Creek Road, Suite D Ft. Lauderdale, FL 33309 . P.2 Re: Document Number P97000052839 The Articles of Amendment to the Articles of Incorporation of THE HURRICANE GROUP, INC. which changed its name to HURRICANE SYSTEMS, INC., a Florida corporetion, were filed on March 26, 2001. Should you have any questions regarding this matter, please telephone (850) 487- 6050, the Amendment Filing Section, Louise Aemming.Jackson Corporate Specialist Supervisor Division of Corporations Letter Number: 401AOO019234 Division of Corporations. P.O. BOX 6327 -Tallahassee, Florida 32314 EXHIBIT"C" "'IT\ .I ~t~. -, .tJ.......rl,\'"'.::: ,...,,.. AI"' ^ n[) 1:'^r'" ('. . I.... ',-. ,.." ~~J .... '- \,.!j-' .'\ ':~i.~ . \..I!.~ ../~.~;""I\::t.{.~::: . r .~.. ph" ... . r." ~ .V "",jif. L" .,1.. I... I>. _... ....t:- '1,' '. f~. "..:.. .'~ ~.' ,"'. ......... ". I, . ...... DEPOSIT/ON EXHlBlT ~3 6"-7 LKJ./ T1ie WEf,l8RAHE SYSTEM MAY ONLY BE INSTALLED ON A OOI.IMERCIAL NC~ BUIlDING BY A CAAUSlE ~. . : AlJTHORlZED APl'UCATOA ACCORDINQ TO CAilUSU! S'tIfTEc lNCORPOlIAmO"S STANDARD WRrrmo SI'ECIFlc\11ONs AND MUST BE WAAAANTED Fal EITHER FIVE (5). TEN (Ill). FIFTEEN ~5). DA nW/lY (OOJ YEARs. c....... ''PT. "'COol~ _10..4 0'" II I 0 TltlSCITOHOTlFYCAAl.lSl.aTltATWEK4Vf:IEENAWAAOE04CONnu.cr AOOFOESlGN($) OF AWAAOI1 I TO"SrAU.1ltI:~RClOf:IHG$'I'$1'D,t~IF1EDFOFtncs~ - ...... ....- .. "",':"'::. -:"';:::: ~11:.J;J~1;;'\'"'' ',' """........E Wal-Mart Su er Center I RE IIl..IIUlIHG AOOAESS "" 3272 OWH'" - Wal-Mart stores Inc. 2001 SE 10th's reet Bentonvil OWNER AlXlAE$$) e, AR \'- AAC><rTEcrr, """ CONsu,.TAHT ....... ~""O"""",",TOAHurricane - 1ST INAM) Roofin Snttll WAARNfTY o 5 YEAR ~10vaA -Q tSYEARlHMOHLYI o 20YlAR (HW 0HlY) TOTAlijlMWARRAHTY IlATVIW. w.unwny 1 2 SUAE-sEAl. t, 0 SURE-weLD o 8AITE~Y 2..080 FA EPOIol l. .045 RElNF. EPOM ... .0llCI AElNF. E1'CU REtCEllAClC _........ I. A.EECEBAcl< 100 SURE-SEAl. '0 Fl.EEC:aIAclc:115 .."....., 10. FlEECE8AOC 100 IIFUTE""LY t'.1'1..EISC:BIOc:115 I~ AFX 13. AFXPl.US 5. .015 RElNF. EPCW .. .000 lArT'E-Pl,.y M~FAS'TlNEA * \WIUF. I. ":::.\1; ~1 ~ ~ .RAN" 1.I.l.V.O.x. , lalGTlt ~ "'PLATE 5. "'RAHHA.-OTRA PUTE I. SURE. Tl'11i: BAA 1. METAL FASTENING IAR JIl)OF STATUS NEW COOlSTJltJCT1OO IltEIIBRAHf FASl'EHER SPAelNCl (O-C.) o IZO Imr OOTllER ~~M8RAHI! I STEEl/NOOO 2. FAST AOHESlVE ~ COf<aIErE 4. LIGHTWEIGHT S. lYPE ftlnV ASPHAl, T . """"""" 7. UOOIFlEOA$PHAt.T . 0TH<Il F (lECK II LT. WT. CONCRETl, INDICATE; BAAHO.. DECKTYPl! BENU.TH: llIW<o I. STEa2<!GAuoe OFlHEAVlER 2. STEEL LESS THAN' 2<!GAUCE 3. STRUCruAAl CONCR.,. ". OTHER 2. REROOF/NO TEA.R OI'F !OF EXISTING RCXlFIHG SYSTEIot) 3. REAC)()P / TEAR OFF (OF EXISTING AOOfIINo SYSTaI) ... MEVBRANI!: REYOVAlONLY OWNDlCOHTACT I Beach ISA Florida .33073 WAMAHTY'MrtO SI'E.!D (MPH) 0.. On OOTltER 10......TOIJGH(.Q7SFlEl....""LV) o IW.~NW8fOCaFA$TONt.'l') AtlOr1'1ClICIiL lWOYtAFlN'PUCATOA RESfIOalEIJTY SYSTBtsClHL'l') SPEC1AL WARIWnY o REJ'lECTMry(WHI~SURE.MUlOHlY) OSt.N.WE1..D~(.072 .. .011O SWONl..'l') o Y1i:S R NOI SlTEIoIONlTClAIO YESXJ NO ~F1a.o_nwmH 10 ~Sl8lI-MlD 14. 04S stME.WEt..D I .ceo stME.weLI) Ie. .on SURE.weLI) 11. .ceo SURE.WELD SURE.wa.o II. FlEEcE8ACK 100 Sl/flE.wa.o 11. R.fECEIACI( 115 ......WElD 20. A.EEC!8AC1( 135 (FOR FIMceBAcx ONLY) 5. FAST 100 ACHE..... .. FA$TIOZ ACHE..... 2. B.5OO 3. SUFlE-WftD o TOP""""",, 1. AOUNDEOWATBl WORN ORAVEL . ACIlVUC COATlHO S. HVPALClN SOZE 7. CONCReTE PAVERS (NOTe SIZE & 8RAHD) IlIW<O 2. CRUSHED STONE ~ I. A8ER8OARO .. HP PROTECTIVE ""T 10. SPf' ~ 8FI.oVt~ 1. "'. 3.6" ... POlYlSOCYANllRATE 5. G'I'l"SlJl.l ~ ~ 11. OTHER_ ElOSTJrtQ ROOF MEM8RAN1!: TYPE I. ~"WJrOR'" .. ~e:r 2. ~~vaSURFACE 7. ~'PlY 3. COAlTAA lVPE:_ PO'CH .. MODIFIED BmJMEN 4. lPAAVEO URETHANE .. ontER Jil-/-A- s. M1Naw.SUAFACE TOTAL 'MeKHUsOF fJaI'nNG ROOF INCHES e. PERlITE LT. WT. CONCRETE 7. CEMENTmOUs WOOO Fl8ER a. STEEl lESS lltAN 22G.AUl3E 2. SUNOECIC I USE M ROOF 1. WEA'fliERPAOTECTIOHOHlY 3. WAIJ(INQ ClEO( I. SPUCETAPE 2. EP-\l5 SPUCE AOHESIVE. SPECIAL COHDmOf.IS .pPUCATOA"S S1GI<<.TUR TTn.E Pres dent IHS","""""S I. FlU.INAlLSPACESOORRECT\.y lsa!: IN:STRUC'nOHS). SE"'D NOnce OF AWAAO TO CAAUSt.E MAHUFACT1JREA'S AEl'AESEHTATIVE * SPEOFlC IHFOfUIATlOH IS ReouIneo FOR 'fliES! ITEMS DIRECTIONS ON FRONT PAGE h", () . , * * ATTENTION * * FORM 500266 (REV_~ II. TERRACE 1. OTHEFI 18. ~~~~~0lD INTERIOR EI>MAONNEHf o HIGH HUUlOlrv o~~ YES 0 MO 12>' . ( ( ( 9154 f ) II't<OH ) ) I 9d4~0988 . (FOR Hili SYSTEl.l) 7. MOOlF\El) ASPHAlT a. lYPEllIORJV .........T .. OTHER IOUUT1ON 'ASTENER * lWlU>. I. Carlisle .. IBAAH~ 1. LENGTH ~ 5" MIH./MSUl.A.TION FASTENER SPAClMG . OF FASttNERS PER: "X~ElOAAO: ... X I' 8OAAO: ISAPOATAIllELAOCERNECESSARY? 0 YES 3. IHTERl..OClOHo. .. tIP PROTeCTIVE I. OntER N I A RUBBER PAVERS .....T IfStU.lION(UST1'ROII TOP) * -..sIA.Jn1OH1\ICIEAlAYMEHTTYP! t.WIUF. 1(';:lI r 1 i ~ 1 &:II 7. HPAe~AY lIOARo 11. P1.VWOOO(THIt)_ 12.0ntER I. '- .. EaRulJEO POlYS1!VREJa!: . I 0EaC TYPl 1. WOODI'lAHI( 2. I SlUt. a GAUGE OIIHEAVIER ,. STlIlJCTUW. CIlHCAm ... CE1..lJAMLT. Wf. CClNCRETE 9.. Qyl'SUM S. ~lT. to.CORRUGATEO wr. CONCfIETE STEEL lN~ TO CARUSl.E SPeCIACA. TIONS FOR PULLOUT REQuIREMENTS) BUh.DtNGUSEBElOWROOl" ~~~~Y) * 1. APAATUENT 1. ~~ 13. GOVERNMENT NANUF.1PROOuc'r G 1.. BREWERY 2. INOU$'TJ'llAl ,. RET....STOREI ASPHALT R.I;STAURAHT 15. HANGAR ~ """"'E ,. M:)SfflAUfEALTH 4. PLAVGAOU",O . 04. EOUCAT1ONAl C.IJlE 5. PATIO 5. OntERNON. 10. g=~ACIL CARUsu: METAL WOftK USED? .' ~SIOENTlAl 11. WAREHOuSe o YES 0 NO .. HO'm./IrM)Ta 12.. AlaJOJous (ATTN:H FASTENER~~ ~ND CE:SIQN RE'VU:W FOFl/.l. OR 100000000000E SCAN IF NEceSSARY') ..... BASE SHEETS I FELTS ~ '- BASE SHEET FASTENERS . NO CARUS\.E MNfUFACT1JFIE1r$ AEPRESENTAT1VEAPPFlOVAL 2. WJl.coP'r 1 TO CARuSlE ft6'R1:san'A~ Milanese ~. 5-7-03 -,<or ~FNn l\J(lTU:.1= {)I= AW~or; Tt"\ ro"'.... ..... ,.." u "'.... ,....~.........~__.... ~______.._ _ ... RaAIHCOf'IE$'"" FOAYOOftAlU. . APPLICATrON FOR ROOFING MEMBRANE SYSTEM WARRANTY NOnel! OF AWARD OF 8U1lOlHOJrU.ME . IMA.l)NG AOClRESS NOTICE OF . o FOR CARLISLE'S MEMBRANE SYSTEM THE MEMBRANE IVSTEU MAY ONlV BE INSTAUED CIoI A COUWERClAl. HOHAESIOEHTlAL BUILDINQ BV A CARuSLE AUTHORIZED APPlICATOR ACCORDING TO CARUSLE SYNTEc INCORPOAATED'S STANDARD WRITTEN SPEoFICATIONS AND MUST BE WAARAHTED FOR EImER FIVE (5J. l1!N (10). FIFTEEN ('5), OR 'IWENTY l20l YEARs. ""TE ROOFDESIGN(S) OfIAWAAQ o~ OWNER lCOMPAHV):~ OWNER (ADORES$) 20 lj 1 C E ..... ARCHrTECT I COHSUl.'AHr HAlolEOF . AUTltCAIZEO APPI.ICATOR; SySTtIl WAItfWfTY OSYIEAA .....0 10 YEAR 4'\015YEAR(HMONlV) 020'I"EAA(HIIONl.Y) ~ ...... 1. ..NOTH ~ TOTAL SYSTEM WARRANTY ..J] 10 YEAR 'LlISYEAA 0"'V1!AR 10tn IfATEFl1ALWAIlIWfTY ,p 'UAHEAl ~CJ SUflE4'iELO DBAIT!~Y MAXIMUM HEXU", I"T.) 2..ceo FREI"DM 3. .045 MlNF. EPON 4. .011O REJNF. EPDU S. .o7S AEtNF. EPOt.l .. .CleO BfUTE.P\. y 7. .045 HTU F\.E1!Cl:1IAt:I( SURe.SEAl I. F\.!.ECEBACK 100 SURE.SEAl. .. Fl.EECEBAC::Il:"S BRITE....., 10. FU:ECE8AClC 1CO BAITE-PLv 11. FLEECEaACJ( US 1~ AFT. 13. AFXPI..uS 21. OntER MEM8AAN& _"BRAME FASTDINQ I't.ATESIIlIAA POl VIr.IER SEAM PUTE HPlOOaNG ..... PU TE SEAM FASTENING PUT' PtRANHA PlATE f'1AANH.o\-EXTRA PlATE SURE - lITE SAR 7. UETAl FAST1:NIHQ!WI AOOfI...ATUS HEW COHSTllUCT1ON * ._l!lRANE FASnNER SPACING (C.c.) o 12" XJ.. 0 OTHER ,.=t=~AHI! STnUW\Xlo 2. FAST ADHESIVE 3. COHaIm 4.. lIGHTWEIGHT 5. TYPEIIIJIVASPHALT e. IPPUflUN 7. MOOlFIEOASPttAlT .. OTHER AI'PRO~ SfARTQ.A ~ e...,. ""'T.. If _~ nil:!: IS TO N01lFYCAN..ISu: THAT 'We HAW IUN AWAAOlDA c:amu.cr TO rl<I$T AU. TI-E c.YlUst.z AOOFIHQ S'r'SlDI $NCIFWO FeR nes IUUlaNa JClO-. . """""-'05<.,...,,1 , A I , OWN!!:" COHTACT (CiTY! BantOI1\1ille, AR "" .. WAfIlRANTYwtHDPUD(IIPH) 0.. 012 o OTHEA SURIi-WB.O 1 .04$ SURE-welD . .oeo SURf.WElD I" .em SUI'le;.wao 17. .ceo SURE.WElD SURE.WElD '" FlEECEBACK 100 SURE.WEll) I'. fLEECEBACK 115 SURE.WB.D zo. FlEECEBACK 13S ~ . (SrA, n712 ( A EI 'TY! ~ OME..........Al:iHESlYE (BOf401HQ AOHESIVE) 1. to-I-3JA. 2. B-5OO SUI'lE - MI.D TOP COVUtItGi (FOR F'IMotI.ACIC ONLY) $. FAST 100 ADH'""", .. FAST102 -.""'" 00" . MDIBIWft: AnD SHEET WIDTM ., 4. (FOR HM SYSTEYj 7. MOOIFlEOASPHAlT .. TY1"EIlOfllrv ..........T ,. OTHER 1. AOI.INClEDWATl:A < ACRYuc 7. CONCRETE PAVEAS lNOTE SlZE lBRANDI WORN GRAWl C",_ SOZE BRANO ~ CAUSMEOSTONE 5. HYl'AlOH . IHTERI.OClOHG . Hl'1'ROTECT1VE I. OntER ,\) / h RUBBER PAYERS MAT . " I. FIBERBOARD t. HP PR<rrB:TM ....., 10. SPF IMSUUlMHI (UST FJtOM TOp) * HAHU'. Car 1 isle ~ . BAANCW 1. TH~ 1NSI.1lA.1l0N/UHDEALA.VIII!NTl'YPE 1. EPS 7. HP RECOVEl'lY 1lOAA0 CRIENTEDSTRANO ""'''0 PEAUTE POl l1SOCY A.Nl.JRAT! G-miUM " 11. OTHER_ . ElCTIUOEIl POllOST'tRENE DOE"';""" 'to WOOOPlANI( :~ STEEl22GAUGE -, OflHEAVlEA 2. ftEAl)CW'IHOTEAROFF (01' EXISTING ROOFING SYSTEM, 3. REROOF I nAR OFF (OF EXlST1NQ ROOFING SYSTEM) 4. MEMBRANE REMOVAl ON\. Y ElaSTUtQ ROOf' MEMBRANE TYPE I. fv'W~C:-:O .. ~WAe:t" 2. GAAVEl.SURFACE 7. $INGLE-PlY OUA COAlTAR TYPE:_ 3. PITCH .. MODIFIED Bm.IMEN .. SPRAYEDlJRETHANE t. OTHEPlN-/-Pr- 5. M!HEM&. SURFACE TOTAL 1lIleKNESS ~ EXISl1NG ROOF """" qr DECK IS LT. W't. CONailETE.INDICATE "'AND l DECl(TYK BEM1!:ATH: OAAH. 1. STEEL 22 GAUGe OANEA\1EA 2. STEEl LESS THAN 22 GAUGE 3. STRUCTtJJW. COHeAETE 4. OTHER StAll T'ECHNClU)Q., SPECIAL CONOmoNs 2. EP-OS SPlICE ADHESIVE. ACCESS TO ROOF (CHECK ONE) ./ I. ',"""LT. WT. COHcIlETE '1. CEMENTmOUs WOOOFlBEl'I :1. ~ .. STEElUSS THAN 22 GAUGE 'L ~~~E .'"". ~:G~ U. \/(RMlCUU'T'! LT. 10. CClRRUQ.A.TED wr. COHCRETE STEEL IREFER TO CAflUSl! SPeC1FlCATlONS FOR PUUOVT REQUIFlEMENTSJ BUlLDINQUSE BELOWRClOf ~~Y') * I. APARTWaO' 7. ~ICI 13. GOVERNMENT M>><<./F./PROOUCT 2. 1N00000000L 0 14. BREWERY RETAA.STORfJ RESTAURANT I~ 3. GARAGE 2. SUHOECK USE OF ROOF WEATl1EA PAOTECTIOH ONLY 3. WAlJ(INQ DECK 4. PLA YGROUNO 5. PATIO 6. TERRACE 7. OTHER CARUSU: METAl. WORK USED? DYES ONO (ATT~"ASnHEf'lPU..1.OUT3.W1N) 4. EDUCATIONAl.. S. OTHER NON. RESIDENTlAL .. HOSPITAlJHEAi.TH CAR' 10 DOAMITORYf DETENTION FAClL 11. WAAEl10Use HANGAR 1&. FFlEE2ERlCOlO STORAGE IN'TEFUOR EH\IlRONMEHT o HIGH HlJl,I1DnY o ~~~~T 12. AEUGJOUS APPuCATOA'SSIGHAT\JA,E~..<.'-:I:'" . "'~_;~;'~:~I".~ IS SECURtT'tClEAfWoICENECESSARY? \l1 YES IS A POM AB1.E lAOOER HECESSAAY? TlTU!Pr", ". .ant 000 . ...,;:!r .:. --("" . _' . ...... --.........1iAIdElPRIHTORTYPEl!{1chard 7 !\ll1anese. - , CARUS1.E MAHU'ACTlJA..... .....; /;2.. L'. FlEPAESENTATlVE,.,.PROV, :f'~.f' ,~..... r ~~FREE s~dent , ~:ny.E",!!, ~'11JiT1O/', . - "" FORM 600266 (REV. Q~Jn1\ NVU " C'c;'In "1f"\TI,....r- "r- ,......... ..... ___.. _ _ _ l.'fSUt..AT1OH 'AST1!NEIt * MAM.... 1.~~rl i <:1 ~ ,. BRANQ I. lENGTH ,. c;" ,- MIN. INSUlATION FASTENE" SPACING . OF FASTENeRS PEl\: ~X~IIOARD: ~xr BOARD: II. PLYWOOD(THK.>- 12.. OTHeR ASPHALT I. '- BASE SHEETS I FELTS .. '- BASE SHEET FASTENERS .. o YES ..-foo Jdr~ 5-7-03 ~ 1;~16/03 .~ ... . ::0 C . ~ . ' - .' yo .. 8 Co> - o Ii: ~ ~ ,I. ~I o. Q. 00 0 0 0 g 0 0 D. ~ 0 o. o o ,. i~~ CitO~.-J DO <5"18.lJ)~ . i C'n(Q r.>..... ;~::3' - -l ;\.. ~ lI'. .c C":' :.~ ".- ." . e C' .. o D. o :z 2 8" .. Iil jO .....I!..ll....... i!liilli!!!!~ii!lli ~\:!~Bt~!~!~~~~i!~-I~N .. "'~. -",\:!iC~' ''1lt~ll- !S ill !: >';00.,.. ;'';8.,7. ::us:! I ~",\:! '":,"re~~~.a: :too> r- "'II..u-O....,.-n ." ,......,..(,/)01-0, ."..-"",,0b . "" -n~ tn ." JUM \,'3 ~ . D. . . .1 o. ~ u EJ o. Q EJ [! o 011 I O. o o ~ o ~t ~~ ~~ ~ . . ~ t n c ;; . . j ~; l:e i I ... ! .~ I I~ - ~1 , -~ $ t I ~ j I r ROOFING SYSTEM WARRANTY #SW00825 Owner: WAlMART STORES. INC. Address of Owner: 2001 SOUTHEAST 10TH STREET 8:ENTONVlLLE. AR 72712 Type and Name of Building: WALMART SUPERCENTER #860-01 Location: 1699 NORTH WOODLAND BLVD DELAND FL 32720 Roofing System Specification Number: CMD030668A Date of Building Substantial Completion: SEPT 15. 2003 Area of Roof System: 209.400 sa. fl. Warranty Expiration: SEPT 14. 2013 Manufacturer's 24-hour Emergency Telephone: C800l 233-0551 (no answering machines or message center) Contact Name: CARLISLE ROOFING SYSTEMS. INC.. POBOX 7000. CARLISLE PA 17013 Contractor's Telephone: 954-984-0988 (na answering machines or message center) Contact Name: HURRICANE GROUP 4100 N.POWERLlNE. SUITE P-4 POMPANO BEACH. FL 33073 Upon completion of and atter inspection by the Manufacturer of sUlch work, Manufacturer agrees to warrantee the aforesaid Roofing System for a limited period and subject to the conditions herein set forth: Manufacturer warrantees, subject 10 the conditions herein set forth, that during a period of Ten (10) years from the date of Substantial Completion (as defined within Documllnt 00800 - Supplementary Conditions), it will, at its own cost and expense, make or cause to be made such repairs to said Roofing System resulting solely from faults or defects in materials and/or workmanship applied by or through the Roofing System Contractor as may be necessary to maintain said Roofing System in watertight condition. Owners remedies and Manufacturer's liability shall not exceed the Owner's original cost of the Roofing System. In accordance with good roofing practice, the Manufacturer shall remove and replace all wet Insulation (as defined in specifications) caused by water leaks covllred under this Warranty (i.e. leaks resulting fonn circumstances other than those listed in the exclusic1ns) and repair the Roofing System at no cost to the Owner. Warranty shall include materials and workmanship from the following items: 1. Membranes (including parapet waterproofing). 2. Membrane flashings including attachment to sheelt metal fiashings and trim. 3. Insulation. 4. Fasteners, cements, and adhesives. This Warranty is made subject to the following conditions: 1. The Owner shall notify Manufacturer within 24 hours of notice by the Wal-Mart Roof Maintenance Department of leaks. The Manufacturer will respond with iservice within 24 hours of notice from owner (if not possible. then no later than 48 hours. hOWeVI!rWal-Mart retains the right to make repairs at Warrantor's expense to mitigate damages). EXHIBIT "A" 5 2. Specifically excluded from this Warranty is any and all damage to said Roof System, the building, or contents caused by natural disasters, Including, but not limited to: earthquake, hail, lightning, hurricane, tom ado, strong gale wind force (50 MPH or greiiter), or structural failure of the building or of the roof deck (as defined by a licensed Structural Enllineer and except that caused by the Manufacturer). fire, and acts of war. If the roof system is damaged by reason of any of the foregoing, this Warranty shall become null and void (AFFECTED AREAS ONLY) for the balance of the Warranty period unless such damage is repaired at the expense of the Owner. 3. Manufacturer is not liable for consequential damages to the building or contents resulting from any defects in said Roof System, including, but without limitation, any interruption of business experienced by Owner or occupants of the building. 4. All additions and/or alterations to the roof system shall be installed in accordance with the Manufacturer's written recommendations and the Manufac~urer should provide prior to acceptance to said additions or alterations. Should unauthorized additions/alterations be discovered by the Wal-Mart Roof Maintenance Departmerlt, the Manufacturer will be notified In writing within fourteen (14) days of such discovery. Provide at Manufacturer's discretion an inspection of the unauthorized additions lalterations and n'otify the Owner in writing of any remedy required by the Manufacturer within fourteen (14) days. Tlhis installation I inspection by the Manufacturer is to be done at a cost to Owner of no more than $500.00 to cover travel and time for the inspector. Provide inspection of said roof during business hours. Failure to notify the Owner of any required remedy shall deem the addition/allllration acceptable to the Manufacturer and the warranty will remain in effect 5. The area of additions and/or alterations shall be the only Blrea of the Roof System where warranty is suspended. All other Roof System areas will have continual coverage under the roof warranty. 6. This Warranty Is transferable within the ten-year warranty period, subject to Manufacturer's inspection, written approval and transfer fee payment 7. During the term of this Warranty, the Manufacturer, its agE!nts and employees, shall have free and unlimited access to the roof during the hours of store operation. 8. Additional conditions or exclusions: . , IN WITNESS WHEReOF, ~",""'"- hM ""'" '''' -:;z ;'''9~ ,,"yof O'1MOO3. cij/U cJ-- {) I '" 1 "-. BY----.!'atrick D. McGradv DirectlJr. Technical and Warranty Services Carlisle RoofinQ SYstems. Inc. . CARLISLE DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED BY CARLISLE. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE CARLISLE ROOFING SYSTEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. .~ Date: 7/30/03 Project: LETTER OF TRANSMITTAL Company: Address: Carlisle SynTec, Inc. PO Box 7000 Carlisle, PA 17013 Sea Cove Condominium Association Vero Beach, FL Attention: DEPOSITION EXHIBIT J{in9 'f s:: 7-'0 'f We are sending you: ~Shop Drawings Bond. Product Literature Warranty ~P.rtl'll Final Releue Plans Prints Subcontract Agreement Samples Certificate of Insurance Speclflcallons X Other ~Appllcallon for Payment Change Order . Schedule of Values Notice of Complellon COPIES DATE DESCRII'T10N 1 07/30/03 Notice of Award . - - rhese are transmitted as checked below: , =:]For Approval ~ForYouruse r=KJAs Requested ~For Your Rev!ew & Comment Remarks: 'lease call with any questions. 'hank you :opy To: Signed: ~.l ~(9.~^I~O ~rOkO - Admin Assistant EXHfBIT"A" 11 -------.-" -"" -....-.---- ....-...-.......--.""""'.....,. ~ APPLicATION'FOR ROOFING MEM6RANE SYSTEM WARRANTY ..'lTICE OF AWAAD lNGHAME Sea THE MEMBRANE SYSTEM MAY ONLY BE INSTAlLED ON A ,COMMERCIAL. NONRE;SIDENTIAL BUILOING BY A CAAUSLE emmm AUTHORIZED APPUCATOR ACCORDING TO CAAUSLE SYNTEC INCORPORATED'S STANDARD WRITTEN SPECIACATlONS .. . .' AND IoIUST BE WARRANTED FOR EITHER FIVE (5), TEN (10), FIFTEEN (15), OR TWENl'Y (20) YEARS. C.rt,u. SynT_~ THIS IS TO 1l0TIN CAAUSLE THATWf HAVE BEEN AWAAOEQ A CONTRAcT TO INST AU. "niE CAl'lUSLE ROOFING SYSTaI ~CIFlED FOR THIS 8U1lOtNG JOe ....... USEOM.Y) OF Cove '""""NO """"ESS 1 6 1 E OWNERlCO"PANYl Elliot OWNER '''''''''ESSl 8 3 5 2 0 th lHA" .~ \' ARCHITECT, CONSUl.TAHT ......EOF AUTHORIZED APPUCATOR SYSTEM WARRANTY o 5 YEAR 010YEAA: o 15 YEAR (HMOHLY) .0 20 YEAR (HM ONLY) PROJE.CT SIZE (SO. FT.) SY "TYPE A (ADHEM 2. B(8ALl.ASTED) 3. C (INVERTED) .. MECH. - FASTENED 5. METAL REmOFIT I. (HM) HOT MOPPf:D OTHER Fr:l~t 100 , MEMBRANE FASTENER MANUF. 1. N I a . \NQ/l. 'TH . N A TOTAL SYSTEM WARRANT"( o 10 'fEAR o 15 YEAR XI 20 YEAR 2..060 FREPOM 3. .0045 REINF. EPDM ...0ll0 RE1NF.EPDM 5. .015 REINF.EPOM 8..060 BRtTE-PlY 1..045 HTM IS Place Vero ISTREET) ,......E) MATEAlM. WAARAHTY D SURE-SEAL o SURE-WELD o BAlTE-Pl.Y MAXIMUM HEIGHT (FT.) fl.EECEBACIC ........... a. FLEECEBACK 100 su......... 9. FLEECEBACIC 115 8RITE-PLY 10. FlEECEBACIC 100 8RITE-PLY 11. Fl.EECEBACK 115 12. AfX t3. AFX PLUS 21. OTHER MEMBRANE MEMBRANE FASTENSHQ PUTES/BAA 1. POLYMER SEAM PLATE 2. HP LOCKING SEAM PLATE 3. SEAM FASTENING PLATE .. PIRANHA PI.A TE 5. PIRANHA-EXTRA PlATE IS. SURE - Tm: BAR 1. METAL FASTENING BAR ROOF STATUS 1. NEW CONSTRUCTION MEMBRANe FASTENER SPACING (O.C.) o 12" 0 IS" 0 OTHER ~~~~~~MBRANE 1. STEE\I'NOC)O FAST AOHESM CONCRETE .. UGHTWElGHT 5. TYPf: III/1V ASPHALT I. HP P1.IRUN 1. MOOlAED ASPHAlT a. OTHER * REROOF I NO TEAR OFF (OF EXISTING ROOFING SYSTEM) EROOF I TEAR OFF OF EXISTING ROOFING SYSJ"EM) .. MEMBAANE ReMOVAL ONLY If DECIC IS LT. WT. CONCR!T!,IHCICATE BRAND&. DECIC TYPE BENEATH: BRAHD 1. STEel 22 GAUGE OflHEAVlER 2. STEEL LESS THAN 22 GAUGE 3. STRUCTURAL 4. =;ETE N/A SEAM TECHNOLOGY SPECIAL CONDITIONS e I USEOFROOfl ONT ACT Beach I"TYl FL 329 (CITY) iZJ (ZJPC .[ A (CITY) [ TA IZIP WARRANTY W1HO SPEED (MPH) [155 072 ,. ~TH," Ul't'J SHCW. WARRANTY o REFLEClMTY (WHITE SURE-WELDOHLY) OSURE.waoEXTRA{.012 &. .oeo SWONLY) DYES 0 NO I SITE MONITORS 0 YES 0 NO o SUR&:.TOUGlri (.015 REINF. ONLY) o HAIL(Fle<<:eI5ACK&.FASTONLY) AOOmOHAL TVI'O YEAR APPUCATOA RESPONSIBlUTV (HM SYSTEMS ONlY) NO. OP R'OOF LEVELS SUflE.WELC ,... .o.s SURE.weLD 15. .oso SURE.weLD 11S. .072 SURE-WELD 11. .080 SURE-WELD SUAE.WELD lIS. FLEECEBAC1< 100 SURE-WELD ECEBACK 115 SlIR!:.wELD 10. FlEECEBACI( 135 \~"-BACIC ONLY) ~FASTloo ADHESlYE IS. FASTI02 ADHESlYE (FOA HM SYS II;MJ 1. MOOIFIEDASPHALT IS. TY?EmORlV ASPHALT 9. OTHER 2. B-5OO 3. SURE w WELD o TOP COVEAING 1. ROUNOEOWATER WORN GRA....El A AeRYUC 7. CONCRETE PAVERS (NOTE SIZE & BRAND) COATING SZE BRAND .. HYPALON I. HP PROTECTIVE I. OTHERN I A .....T 2. CRUSHED STONE 3. INTERlOCKING RUBBER PA....ERS INSUlATlOH (USTFROIITOP) * MANUF. 1~~'I'"1 ; ~1 ~ zR-1 0 MIN. INSULATION FASTENER SPACING ,. OF FASTENERS PER: .' X .' BOARD: .'XB'ElOARD: IHSULATlCiN , UNDERLAYMENT TYPE 7. HP RECOVERY BOARO 8. FIBERBOARD 9. HP ProTECTM .....T 10.SPF . INSULATIONFASTlNER * r.tAHUF.I.Fast'100 . BRANO/ 1. LENGTH SRAHDI TH~ 1 I. Carlisle 2. ;1.711 3. 11. PLYWOOO(THK.)_ 12. OTHER LYl$OC'fANURATE . 5. GYPSUM I. 11. OTHER_ lXlSTlNG ROOF MEMBRAHI! TYPE 1. fvl'Wr1nJ~rO IS. ~I~BI~R GRAVEL SURFACE 7. S1NGLE-PlY BUR TVPE: 3. COAL TAR PITCH 8. MODIFIED BITUMEN ... SPRAYED URETHANE 9. OTHER 5. MINERAL SURFACE TOTAL TI1ICICHESS OF EXIS1tNG ROOF INCHES DI,Q( TYn ,. Wl:lOOPlANK ST1i!a. 22 GAUGE OFI HEAVIER SlIlUCTUflAL CClHCRETE IS. PERUTELT. Wf. CONCRETE 1. CEMENTlTIOUS WOOD FISER a. STEEL LESS THAN 22 GAUGE 4. CE!lllA.AALT. wr. ~ETE t. GYPSUM 5. Ve:FIMICUUTELT. 10. CORRUGATED wr. CONCIlETE STEEL (REFER TOCARUSLE SPECIFICATIONS FOR PULLOUT REOUIREMENTS) ~UILOING USE BELOW ROOF ~g~~~:r;~~t Y) * lJ) APARTMENT 7. OFFlCElBANKI 13. GOVERNMENT C;Q!-lRQ FINANCIAL. MANUF.I PRODUCT 2. 8. RET.UL STORE,' 1.. BREWERY ASPHALT REs.rAURANT 15. HANGAR 3. GARAGE 9. HOS,F>lTALlHEALTH 11> FREEZEFlJCOLO CARl;' STORAGE I. EA THER PROTECTION ONLY 2. SUNOECK 3. WALKING DeCK 4. PLAYGROUND 5. PATIO e. TERRACE 1. OTHER .. '- .. EDUCATIONAL BASE SHEETS I FELTS 10. DORMITORY/ INTERIOR ENVIRONMENT .. OTHER NON. OETI:NTION FACIL RESIDENTIAL 11. WAI'lEHOUSE o HIGH HUMIDITY . HOTEL/MOTEL I. AEUGIOUS O~IT:6~~T . '- 2. EP-95 SPUCE AQHESIVE. CARU5t.E METAL WORK UseD? DYES 000 (ATTACH FASTENER PULlOUTS, WIND DESIGN REVIEW FORM. OR MCtSTURE SCAN IF NECESSARY) ACCESS TO ROOF (CHECK ONE) BASE SHEET FASTENERS 1 IS SECURITY ClEARANCE NECESSARY? 0 YES 0 NO FORM 600266 (REV. 09/01) * * ATTENTION 1. FILL IN ALL SPACES CORRECTLY (SEE INSTRUCTIONS). * * SEND NOTICE OF AWAAD TO CARUSLE MANUFACTURER'S REPRESENT AT1VE * SPECIFIC INFOALIA TlON IS REOUIREO FOR TI1Ese: ITEMS s (i 5 2~)O.~ ISAPORTASLELAODERNECESSARY? 0 YES 0 NO "TORTYPE) Richar 2 0 CARUSLC MANUFACTURER'S REPRESENTATIVE APPROVAL 2. MAIL COPY 1 TO CARUSLE REPl'lESENTATrvE. S. INSTl'lUCT1ONS REFER TO DIRECTIONS ON FRONT PAGE \' 11..1 SEND NOTICE OF AWARD TO CARLISLE MANUFACTURER~ REPRESENTATIVE EA.l1.1t:S.L,!,IIAII 12 -. ~ <:: ,56.67 :> ~ . ~ I:) I> . , ~ "a ~ ~ ~. ~ :.... ...) J t ~ 1.\ ;l " " ~ , --. ~ ~ .... - o ~ .) , .~~ !~ ~ i~~ r::t. t;';o ~~ "\ :r v ~ !l ~ J fA ... 17'- <~(J) ~ ~ mOlm;t! .,... a...mol ~ ~i g'~8 ~ Co> m el' OJ ~ -iH ~ob'~ .,,! ~ ;nm~l/l ~~ (.,)::l ~ (ii' N ,...,:;' llo ~ Cl> ~ ~&J iT\ ~- ~i · '\:1 'lru ~ ~f; .... ~ Vf: ~~i. . 6" i.~ .': -' 'fOo~'- -,.- ." '. 0 ~. ,~ ~~ ::~ ~ ~1i :I~. e r, L':"; ..... . ~~~ .,. o '" '" . N G ~~ -, ~ '" '" " IE 56.67 ~ i i9<J ~"2 l-t ~ EXHIBIT"A" 13 ~ ~ ~ ~i ) ~~ ~~ ~ ~. ~~~. ~ ~ ~ ~ '$.. ~ '-I ~. s ~ ~ ~ ~ l ~ ~ ''lJ ~ II; ~ ~ ~ ~. ~ ~" ~. . & ~ l\ ~. ~ l ~ ~ 40 >' ~ 'I'~ '" o,~ 40 " >t $1 '\ I '" ~ ~ " ~ c\ UJ "" .:t. '.~ ~ "- ~U\\-l;: ~ ~. ~ 1 ~ ," t 1 t --,r -t. "" .' 0 t " 1 c Q , 13> l'il? ..~~ \r} c..~"...t lO'l;l ~ 'V ... ~ '" 1 ... 1k7 m. '" ~,~, ~ ~ ~~ ~ ~ K ~ 1\\' ~ ~ ~ ~""~'I\ l;::: I), ~. ~ ~ ~ ~ ~ ~ ~ ~ ~, ~ ~' '\)I, ~ ~ ~ ~ ~ ~ "'.."t--::\\:::) ~~s::~ '^~~<:. '^'" ~ ~ ~ OJ ~ o. ~ ! f t~ J: ~8'~ ~ ~rr~ (/'I ... I;:) ~ t'~. :>0 V\ ',:;: ~ :. b' ;. """" ; - . 0 . -:=:- '. .!;. ,.,0- ,..tv ,:~ ~ '.j -, n~ ~ I f,: ~c:t&,;:Qt ~ rir!! a mOl 8 . - IJJ .... .. . l5~ :!;\'h: w g.!a.o At 1"' H' ;,~g ;; .~ r-l>>8-c; 0>"3 _ , !:lO5" ~ ~ al:::J.c 3: co W~3 2- r- y ~!e. j , . ; . W 5__ ~~''i~Q,,~ . ~~~~ ~~ ~ E) · .....~ ~ ! ... 17~ 30-+ ~ """ -o~ .;:. 4 'I..J, ~ ~ " i 14,337 o ""~ 5'''' 1 t ... ";--1 ~ ~~~ ~ ~~ " I ~ "\ \. ~ ~ r ~. ~ ~ ~ ~ ~ -; i \. ~ . 1d;. ~ ~~ ~~.~ ~~ ~).. 1 \\ ~ ~ · Q <) ~L~ \1\ ~ ~. ~~ ~'\ ~ ';:' .. ~ Ii~ o@ t;:.... , Q. CD ""-J .... ~~. l1tltJr:'i& 15__ i " .... '" .... ~ ~~ ~, .. 13 .. ~ .~~ ~, 7f m O~~ . ~,. ~.. . tV ~ Th "i~<> . 0 ~~'iJ 1iil1.1) ~ ~.. - 5 ~~ "t;:ltf: " . ~~~y~ " ,. ...>> ~~ EXHIBIT"A" .\1-\ -5 -5 t J '" 1 ~l ~'? Qt. ~ /. -\ -. Carlisle SynTec Incorporaled P.O. Box 7000 CarliSle. PA 17013 1717) 245-7000: FAX (717) 245-7121 Carlisle SynTec Incorporated ::1 CARLlSL SURE-WELD INSPECTION REPORT I REPAIFiI FOR WARRANTY Applicator: J-II Ice, ':'OI\JI:" r::DnIIP, ~IITT~ P_6 .6. 1 n n I\JrU;liT"-' Plll.II:,"j;lt pnMPt:::lt-Jn R~O("'I-I p I;> I;>nn~INr.: I!.. OAT: /14/03 TNr Job Name: SJ~A rnlJ~ _rnNnnMINll1MS Location: \.lj- Rn AEA1.H. FL Owner: EI L 1 OTT MERR I LL COMM. MANAGEMENT -~ 3 073 System 5.!'!!_EE_A Material SW F8 11 Square Feet46 8 0 1) PROOUCTSDrawingIt:MOO:l0670A Job# 137030008 Job Completion Date: OCT08ER 24, 2003 &.4 #1r:~~Roofer ~/&-~/7.#~ Rejected (See below) /'P/'j Reinspect ~ (Y I N) JSI Rev. # ./ RATING: 1 2 3 4 5 6 7 B~) Rep: START TN~ !;InAn ~I RIlII n I Nr. Date Inspe Tech Rep Approved REPAIRS REQUIRED: The entire roof should be checked to make sure it meets Carlisle Specifications and Details. Below are some of the repairs that must be made. To ensure a proper hot air weld prior to making repairs all membranes and Rashings must be cleaned with soap and water, rinsed and dried: then wipe area with Weathered Membrane Cleaner prior to hot air welding. 1.0 Cut-Edge Sealant missing at exposed scrim edge. Repair: Apply Cut-Edge Sealant. 2.0 SW-9-_; Missing termination at edge of membrane. Repair: Install appropriate termination per SW-9 details. 3.0 The vertical hot air weld splice is open. Repair: Cut away loose Sure-Weld FlashingS "nd apply Sure-Weld Flashing surface splice extending 1-1/201 to 2"' past any cut or open areas. J Cold weld 1 Wrinkles In hot air weld field splice. Repair: Apply heat to hot air weld mating surfaces together or apply a surface splice extending 1-1/2' to 2" In alt directions past cut area. Apply Cut-Edge Sealant to exposed scrim edge's. " SW-5, SW-9C; Flashing not 'astened 12' a.c. Repair: Fasten flashing 12' a.c. maximum. 7.0 SW-SNB, SW-T6NB; Missing additional membrane securement maximum 12' away from penetration. Repair: Install additional 2 31S" HPX Plates maximum 12" away from penetration and overlay per SW specifications. S. 0 Verity Water Cut Off Mastic has been applied under constant compression per Detail (s) 11. 0 Membrane securement missing at roof perimeters I inside angle changes greater than 2:12 slope I curbs. Repair: Install 2 318" HPX Plates and overlay per SW specifications. 14.0 SW.6-_: Missing I Loose drain bolts. Repair: Install and tighten all drain bolts to provide constant compression on Water Cut Off Mastic. 15.0 SW-16-_; Repair Sealant Pockets so / water cannot pond I pocket has 1" clearance between penetrations and all sides of pocket and achieves a 2" minimum depth. Thoroughly clean till penetrations. 16. 0 SW-BBlC; Field fabricated pipe seal missing deck flange 1 vertical wrap of Sure-Weld Flashing. Repair: Apply a deck flange of Sure-Weld Flashing and/or a vertical wrap of Sure.Weld Flashing aChieving all minimum hot air weld requirements. 17.0 SW-15NB1C/D; Missing comer application of Sure-Weld Flashing. Repair: Apply a Sure,-Weld field fabricated or Pre-Molded inside comer per Detail SW-15-NS, Or one corner application of Sure-Weld Flashing or Pre-Molded Corner on all outside comers per Detail SW.15C/D. 18.0 Non-Carlisle roofing material used in Carlisle warranted roof system. Repair: Remove non.Carlisle material and replace with Carlisle products. 19. 0 Shop Drawing Inaccurate. Requirement: Submit a Revised Drawing to the local Carlisle Flegional Center. 20. 0 Debris on the root. Repair: Remove debris. check for damaged areas and repair. . 21. 0 Caulk all Fasleners that penetrate a metal counter flashing and the membrane with a sealclnt by others. 22.0 23.0 I hereby represent, with full Intention that Carlisle Justifiably rely hereupon in the Issuanl::e of its warranty, that the project described above now conforms In its entirety with all Carlisle specifications, details and Installation Instruc'Uons. REPAIRS COMPLETED ON BY (; In. tion No. Tech Rep Approved Attending Rooter Rejected Reinspect JSI Rev. # _ OCT 3 I 2003 CarNsle and Sure-Weld Flashing art trademarks of Carlisle COI.potatfon Cl996 Carlisle CoI)loratlOfl ':'" ~. , .... .. -." PAGE 1 of EXHIB'f,'l' \5 M 85-$-~S (REV. 10101) ------------.-..--.. Stacey Bryan - SEA COVE CONDO.doc ._-~-_._---_.._.._--- I I i I , ; I I I I.- I i i I I .i ! ----------.-.--... .-..---- --.--.------- -. --- ----'--'- --.----------..-.-.. .- .---....--.-..---.-- CulWt Sy.Ttt I.cwporlltd P.O. 1017000 CarlWt, P A 1701] (1l7).2"S.7tOf'A.~(117)l"S.1IJI Carlisle SynTec Incorporated emmm TECHNICAL ASSISTANCE REPORT TO: JOB FILE DATE: 8-14-03 Check Appropriate Assistance: Start-up Job-In-Progress Job Site Visit Spot Check Project: SEA COVE CONDIMINIUMS Tech Rep Name/No.: DONALD BRIGGS 0536 Applicator: HURRICANE ROOFING CMD/AB#: 1'?>7D300DR' If Spot Chek - Previous Inspector: Location: VERO BEACH FL Attendee: GEORGE LOPEZ System: SWIFB Sq. Ft: Date: REPAIRS REQUlREDIDETAILS DISCUSSED 1. THIS ROOF IS A TOTAL TEAR OFF AND A FB SUREWELD IS BEING APPLIED. THIS APPLICATOR IS DOING EVERYTHING ACCORDING TO CARLISLE SPECIF ACA TIONS. THERE NEEDS TO BE MORE PROTECTION FOR OVERSPRA Y OF THE FAST 100 MATERIAL. HIGHLY RECOMMEND TElA T SCREENS BE MANAF ACTURED TO PREVENT BUILDING AND PERSONAL PROPERTY FROM BEING OVERSPRA YED. THIS AREA IS AT THE BEACH AREA WERE STRONG WINDS ARE CONSTANT. I ALSO INFORMED THE FOREMAN THAT IF HE CAN SEE IT HE CAN SPRAY IT SO PLEASE PROVIDE MORE PROTECTION. NOTE: The above Technical Assistance Report is not an Inspection for Warranty. At the time of the technical assistance, this project was % complete. Please check the entire project to ensure it meets Carlisle's Specification and Details. An Inspection for Warranty will be conducted when the Notice of Completion (NOC) is received by Carlisle. This information is for your reference and need not be returned to Carlisle SynTec Incorporated. I EXHIBIT"A" 1/; I I , , i r I I '-'0111,;)1'" vY"1 1:#1.. IIIGOrpOral:ea CalliS'. SynTec Incorporated P.o. BOll 7000 C.,lisl-;. PA 17013, ..., 11245.7000; FAX 17171245.7053 !i"'~lq'I~llltllll1aJ).III""l;\;';1'1A>2tj HURRICANE SYSTEMS, INC. 4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 Document Number/Date 90288693 /07/11/2003 Purchase Qrder No. 9001 Purchase l)rder Date Sales OrdElr No./Date 155559 / 06/24/2003 Customer No. 207519 Originator JOBADMIN Terms of I~ayment 2% 45 NET 60 Up to 08/:25/2003 you receive 2.000 % discount Up to 09/09/2003 without deduction Discount tlmount#1 299.98 Terms of delivery PP-FOB DESTINATION. PRE PAl DESTINATION o 5,709,312 LB FT3 ~~t~tllllltll'l~irjf.lllrlll{illll]llr~II.1 HURRICANE SYSTEMS, INC. :4100 NORTH POWER LINE ROAD, STE P4 POMPANO BEACH FL 33073 ......fut!E.W&fl. 'IPW'" ~Wf~1I\~.1J1\: dili :;;:.~:::-~M:::.~~::.-::~~:~:;o{. "-;:;:%:-.. HURRICANE SYSTEMS, INC. C/O SEA COVE CONDOMINIUMS 1 616 E. OCEAN DRIVE VERO BEACH FL 32963 Net weighlt Volume Carrier Pro#rrraile:r# Currency Shipping Point USD 0010 n Jocument is pursuant to Carlisle's terms and conditions of sale in llffect at the time of this document. J!l'~il.'. Item Material Description DELIVER 7-3-03 8:30AM - PLEASE CONFIRM ASAP 24 HR CALL 954-984-0988. QT#20042938 Quantity Unit Price Amount 0010 301061 1.7" 4x4 ISO HP-W Carlisle Syn T Be 48.384.000 FT2 0.310 11 FT2 14.999.04 Material Total State Tax County Tax Third Party Fre 14.999.04 899.94 149.99 395.70 Final Amount $ 16,444.67 Make all remittances payable to the order of: Carlisle SynTec Incorporated 22721 Network Place Chicago, IL 60673-1227 EXHIBIT"A" n- Jun 2~ 03 10:26a Hu......icane Sl;lstellls, Inc. 954-984-0665 p.2 ru.ltll LAWs ",U.U I I I I , , , , I I i I , I . , I I I , , I , I I I , NOTICE OF COMMENCEMENT . (PU'AAlIN DU'LICA'nl Slate IIC Florida } COlluty oC Broward TbI IIAdenlpoclllrrol>r laillr.....U e.o""od 111.11""''''......11 WIU h IIIIdl, to mul.....' p"'P'ny....d 1:1ICCO~.... WI ~ S.olloQ 7l1. U or tb, Florid. SIIIll",lh. fGllo>rta. tororolllloQ II "-lccIlo Iltb NOTICE OF COMMII'ICItMlNT. t Lec.. d ....lpUoa orp",p.rty (Iaollldo Stroct Add......lh.IU.bl.) . . . ~.~~ . !l: t.~ !'!~:.I:Ir:~ .... . .. . . . . . . , . . . . . . . . . .. . . . .. . ....... . . . . . . . . .. . .. . . . . . . . . .. . . . . . . . . . . . .. . . . . . .... .. . . . .. . . . . . . . . . . . . . . . . . . .. .. ..... . . . . .. .. . . . . .. . . . . . . .. .. . . . . . . ......... . . . . .. . . .. . .. . . . . . . . . .. . .. .. . . . . . . . . . . . . . ....... .. . .. . .. . , . . . . .. .. . .. . . . . .. .. " . .. .. . .. .. . . . . . .. . . .. . .. .. . . . . . '" . .. . . Owaer',loterut Ia .lte oUbelmpro..ID.al ....................................,..........................,................ ~'.e SIOI.pl. 'nue bold.r or otber IblQ aWQe.) N."" .. ~ I.~.... .. .......... ., ... . 'I.................. " '" '" ............".............. .... . .... ............... ..... Addr... ......................,.....,... ................................ ..."....... ......................... .......... Hurricane Systems, Inc. . Coolrodor .....,...................... .........................,....... ........ ............................ .......... Addr", .. .~.1. ?~. .~.. ~.'?~~.~~~.~~.. ~.'?~~...~~~.~~. ~~.. ~<?!l!P.'!-~<?.;~!'!.~.C:h(..f:~. .~~.9n................... S'-"'I','r.a.) ..N).!>;.. .................. ............................,. .... '....... ................... . ..., , .. .............. I , , I 1 Add".................................................................................... AmouQt or Bood s.. .......... I ^ay pe.noD maklnc a Ion rQ;r Ihe CODltnlctlOD Dt Ibe.lmprovcmCD~t: , , I N.me: .~ 1.1)... ,.... " ... .. .. ..... . . . . .. . .............. .... . .. . " ......................... .. .. ,.... '" .............. ... , I ! ~:r~~:':~li.i~ 'ti.~'SI~;~ ~'r'F1~~id~ d~~ii~~r~;; by .;~~;; ~p'''o' ;';b'''~'~,;t'.~~; ~~ ~;i.~~ d'o~.'~;~i; ;,;;; b~"~;';'~d; " "., . . . " ........ .. ... I I N.m. .N!.!}........ .................... .......................,......,.... ....., ......................... ............ . I I I I N,nlt...........................,................................."......................................... I A~~~: SPACE 'FORRECORDSR.',s'uS& ONLy..,....;...............,......... ..... .................,.... _.............. I Add.... ...............,............................"...,......."................................................... [0 .ddltIOG Co blm,"(, OWO.rdcs1CDAtu tb. rollowloc p..... 10 r...lv. a .opy o(.b. LI.oo.'. NOli"" It prOvided In SOI:lloo 71J t:'ll)(lll. Florid.. SU.hac.r. Flllla. at Owuert, GpUoa). ..,............,............,,,....,.............., Owner SworD and rubtc:,-lhcd betoromothll, "'" "..da)'or,.........,..". ....,10 ... " . " ., .'...,.." 'N~t~;'; P'ub'li;"""" '. " .,.... L.. --. -.. --... ---. -. --.-- --___. ,__. _......._..__.... ____. _" uu.____ _..._...... ....._ .._______.....__.._ . __ _. _.... , EXHIBIT"A" 19 Jun 25 03 10:27a ". -, ," .~ - ....." ~ Hurricane S~stem~, Inc. 954-984-0665 p.3 ............ .~_..... ~.... -...........-..., ~~.:f' .).1 ----::;iZ...___ 3419113 346137 E!:TAB!.ISHING 1"11. ~~~ : .". . ',~OOI\ AH:' r,:..... _~:I.:.,.:. j(~~:::::: '.' ..' ~ J CONDOMINIUM "83 IUR -7 .~l to: 30 ,- \ .: .- AMENDED DECLARATION OF :. .:.;.: .). ~ ',',:' ~! ~ I ~.; ;:;0: .~;. :: _,: :::: . :"!: !!;.: '! . I, ',:"i..\" ::.r:t:.~ t::;..I-:;.\ ....,(~I.~c WHEREA;3. CIT'i N1\TIONAL B}\Nl< OF MIAMI, Trustee, as Oeclaran-:. and NORTHGl\TE PROPERTIEl=i: INC.. as Developer, hereby Amon\! .In to t:> the OeclaratilJn or COl1dominium submitted on the property hereinafter described. ..)C..(. to :J)9 NOW, TIIEREE'ORE/CIT~ NATIONAL BANK OF MIAMI, as Trustee Urr:ler La.hd Trust No. SO~ (thQ "Trustee") J a nat.ional banking ~SSOC1iltion, does hereby dec~14re as follows: 1616 - SEA COVE 1. In\:roduction and Submission. a. 'rhe Land. The Trustee owns fee ti tIe t.o' certain la,nd '. loce ted in Inch.a.n lliver County. F1Qrida, as more particula.rl:~ de$cr ibEtd as follows: Lot:; L 2 and J, Block 14, and Tra.ct. A, THE OCEAN CORI10MTION SUBDIVISION, According to the Pla~ filed in the office of the Clerk of the Circuit Court of Indian River County, Florich., in Plat Book 3" pag. 9. b, Submission Statement. 'rhe Trustee hereby submits t:he Land and c.ll l.mprovements erected or to be erected thereon, ~.:!.l ease- men ts I r i~ht.s and appurtenances belonqing thereto, and. a.ll ot~her proper.. ty, real, personal or mixed, intended for Use in connection tJlerewi th, to the co~dominiurn form of ownership and use pursuant hereto nnd othBr_ ....i3~ in tJ'.e manner provided by the Flor1da. Condominium. Act a.s it. exists on the date hereof. c, Name, The nama by which this condominium !s to be i~entified-rs-r616 - SEA COVE, a CONDOMINIUM (hereinafter ca14ed the "Condc:miniltm"). located at 1600 South Ocean Drive, Indian R.iver Coun~y, Florida. d. Definitions. The tollowin~ terms when used in this Declaraticn and in its exhibi~s, and as they may hereafter be ~Qended, shall hLlve the Inean1ng Ascribed to them in this Section, exceJiJt where. the context clearly i~dicates a diff~rent meaning: " (i) "Act- means the Condorninium A.ct (Chapter 718 of t.he Florida St.;,.tutes) as it. exists on the dats hereof and as hereilfter renumbered . Ui) "Developer" means Northqate Properties, Inc., a Georgia ~orpor~tion .~thorized to du business 1n the State of Ylorida, its successors and assigns as to whom or which the righl:s of C1e\'eloper hereunder ~rQ specitie.l1y ~..igned ur ~cc.ue ~n~Qr law, c:.:: 0.:: ~ liii) "Institutionlll MIJ.rl:yage," means a mortgage he.ld by a bank, savi~qs and loan association, insurance company, 04 union pension fund 'a.utho.rized to co bu.siness in the Staote of !'lorida, or an :lgency of the United States Government. , ..: ..: (1v) "Unit Owner" or "Owner of is. Unit" or "Owner:' means the Owner (If a condominiwn parcel, or, in the case of pi:lrcc13 '::lwned by the Trustel~, the beneficial Owner of such parcels. 2. Sur-ve and descri tion of im rOVEUnents. Annexed hereto ::J and expr;js;lly madft a par. heuo .. Ex .h,t AU conSisting of ",age. .:; lnu..nbered :~-A t.hrouqh 39 -A) is a survey of the land and graphi<:~ :",.,., oeser iption .and p~o'C plans o~ the improvements constituti.ng th.'~ Condominiun, identifying the Unit", the COINnon Elements and th.:~ ~:.... Limi'Ced CQf\.'l'Ion Slement:.s and their respective loc::ltotion an4 IU.me:'tlliona, ) SAid surve:' and pJ,ot plal'l:B have be~n prepared by Dana. HC?~.ard, Lll,J1d Surve:r:~.. - ~ ~ -,.. ~ EXHIBIT"A" 20 . ..JV......." !ll:. u~.o.I" 1..,.\ jj':.JQtl-&,IVV c'LL.IUll-,IIt:.I\l\J.L.L '...--0 ---- exaIOIT "A- LEGAL D~lPTION All of the t0110,,1n9 de.crlbed. unIt. of 1'115 _ SVt. C'OVZ, A C'UtcXl(UIIOJII, l.c:cordln9 to the Doeclar.aUor\ thu~of, reeQrded i" Oeliel41 Record, look 659, at Ploe, 40 through IJ6i.lncluILve, ..nd . in Oftlc1.1 1\ec:ocd.. look 4560, 'Age tlt~ of the PubUc Record. of rflC5hn River County, tlarld., .1: rC'-record~d April 1', 1'83 1n OI~Uehl Rrc-oed. Book "1, PAge. :2:2.0 throU9h :23111 inClusive, P\lbUc Recorda ot Indlat\ River County, Florida, 11516 8UILDINC Unitt 101, lOZ, 104, lOG, iO?, 100, 109, i02, ~04, 20S, 206, 2_07, 20', 20', 302, 303, 30., 30S, 305, 307, JOB, ll)~, 402, 405. 407, 4QI, 409, 502, $04, 506" 507, 501 and 509. 1616 BUILDINO - VILLA9 UnIt, 201, 202, 203, 204, 301, 302, ]0) ..nd JI)4, S!:ACOV.E BUILDIH(; OdLt. 102, 103, 105 ..nd lOd. StACOVE BUILDING VI LLAS Unit. ~O~ and ~Ol. II'" n..~. I :l'l, Ci'l.5"o n...nt"'I,Clortol_~ ~,.., - -'.If~_~_ ~;.... lo-\ f/- ~,'~~2: r'....;. ~;: -:;J .t.t-., \.&w or"c,. ...,"'.,... '.......'4. .....~w, .D"...... \'110" 1tQ". I 0"'1"'1, ..<"I~L CO"CO".I. _0' ..'C.I'L "".""1. "'II'" r,o,,,.. sS'S' , '1'.~"O"'I;~O.1 .'.0100 EXHIBIT"A" 21 ~. ~ ~ '" '" s w .. ... .:. ...., ...:...; ,~:o.6 ... "::.:; ..:.... :: ~.~.: .:",.. ;';:t:.! , 'l:.J "''''0.1 I I B t. C") ,.- \ . ~ ~ ~ < ~ ~ , I ~ e ~ r i ~ i 1 , .., O' ~, :;:: c. N .- "'. if: ..Jun 25 U::! ...",.';" V..i 10:27a Hurricane S::Istems, Inc.. 954-984-0665 .l...L Vv. Jv l".".\ i / ":;JO0 "I"'vv 1:.....l...IV,l. 1-..U:.I\"..."'... .~ ~. j Q1ItlJ:'r -,,- ~ ~ DIlSOIu>UOll . a.11 of tho t.llool.g 4".rlbed u.lt. .r 1515 _ s~ COVZ. A 1''!.~.nfrtDl, ec:cordlng to tho Occlarat1on thereof, rec:orded In Oetl~1.1 kecord. loot '5', .t "9cI 40 through 13S In~lullvl, .nd In OfUclal R..cordl!: lSook &60, .'9- .114, of thl!~ PUbl1c Recordl of 1.41.. !llYn C:.u.~y, Florid., II rt-ro~ord.d aprl1 U, 1~8J In OtUe-Ial AeeOtcb lock "1. . .a9" 2210 t.hro""~lh 2318 Lnc:lu4lvl!',. P.ubU. Record. .r Indian Rh.. Coun~y, .F10rld.,' SEACOVZ'BUILDINC 202. iOJ, 204, 205, 206. 10', J02, 303, 403, 40S, 40~, '07. 50]. 505, 504 .nd Dnlt. 107. 201, ]04. 30&, ]~.? 507. '. SEACOVE BDILDIMC - VIL~AS Dnlt. 201, 20e, '01, 30] And ]04. ....1T..lIIT. . I'/,StNa:; FWlnlli1T,_"_ . .,,- ~ _."3it~;..~ f';:'~ f. ~~~ ~ ~ F" , ll-.:;. 5 . ::-';:. <<R ? 1-:: Con L.A. g,PoC... ..,........ ...."'.......11...... ..DI'........ ".000..... _....... .......... .. ~ ..C..&"" ca..c;cu..... ..0, .",..,,,,, ...1....&. "-"'. .."0..... ~:lI':lI' , ....._..,Q... !Ja'l . I. 0'4Q EXHIBIT"A" 22 p.5 'I!.......... C..' t" ~'J ~.') . '". '.~ .- ..,..' ~.~ ;: : . '.!.J ~. ~ f~~. :: f~::!' ~~~.:; o.:J~~ ~ <=> <=> ..... "" ~ .::;, ,'-' '- = ~, .... ...._..:...;;.,';~.:\".......; .,.:. ,:,';:' I :..1 I' ...",l.I " otoll.lV ................ p.G L...lo.o.LV! .-.'It:.IU\.Llo.oL ~..1 """ "-- SCSEDULL:t All of the foll01olinq de:scciiOQd units ot 1616 _ Sl':.\ cove, A CONOOKINIOH, according to t~e D"claration thereof, [e.:orded in OUi"i'l Records Book 659, at Pag... <0 thro"gh 136 incl".i.ve, and in Official R.cords Boo~ 660. Page 914. of the hblic I.ecords of Indian River County, Floc-J.d., as re-cecocded April 19. 1983 in Official Records Book 661, Page" 2280 thrOUgh 2378 ~ncluSlve, P",bl.ic Recocds of Indian R.ivet' County,. Florida: Unit; 101, 102, 206. 207, 208, 309, 402, 406, and 509. 1616 BUILDINQ 104, 209, 407, 106, 302, 408, 107, 303, 40)1, lOB, 109, 20l, 204, 20S, 304, 30S, 306, 307, 308, 502, 504, 506, 507', SOtj 1616 aUnOINC: - VILLAS Units 201, 202, 20.3, 204, 301. 3U2. 30J A^4 J04. SEACOVE BUILDING ~ Units 102. 10~, 105 and 106. SEACOVE BUILDalG - VILLAS Units 202 and .203. SCHEDULE II!:.!: LEGI\.L DESCRIPTION OF :rSE .VERO tlNITS" All of the fOllolling describeol units of 1616 _ SF.J>. COVE, A CONDOKINIUM, according to the Declaration thereoE. rec.)rded in Official Records BOok 659, at Pa9U '0 throuq~ 13/i inclu:;he, and in Official Records Book 660, Page '~14, of t.he P1.Iblic Rl~CC;'~'ds uf Indian R.iver County, Floc ida, as r,e-recorded April 19, 1983 in OfE.ic:-i.al. ReC'ords Book 66.1., P.ages :l2BO through 2378 inClUSive, Public Records of Indian River County, Florida: SEACOVE BUIl:!W!!! Unit. 107, 201, 202, 203, 20'.205, 20/i; 207. 302, ,.J), 304, 306, J07, 403. 405, 406, 407, 503, 50S, 506 and 507. SEACOVE BUILDING - VILLAS Unils 201, 204, 301, 303 and JO~I. '" '" .... .~ :;:0 <:> '" .-- EXHIBIT'1A" 23 0:.' . I\' \,' ~ \).~~ \\~ }\ ./'ar '-'1.\... LETTER OF TRANSMITTAL SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powerline Road. Suite P-4 Pompano Beach, Florida 33073 (954) 984-0968 fax: (954) 984-0665 WWw.hurricanesystem.com :late: 1/21/2004 Project Island Shops P.B. Pain Management Palm Beach, FL ~ompany: ~ddress: Carlisle SynTec, Inc. Illention: DEpQStIlON E.}UilBff c :;> -Ve are sending you: ~SIlop Drawings Bonds Product literature X Wsrranty - ~P_I/FlnaJ Releo.. ~SampleS Plans CertJneat. of Inaur.nce PrInts S IIIcalIons Subconlrac:l Agreement OIher .~Appllcatlon for Po_ I Chonge Order . I Schedule or Values NotIce of CompleUon C\Jt'IES DATE DESCRIPTION 1 01/21104 Notice of AwardICo~etion Notice - hese ere transmitted as checked below: ~For Approvo' ~ForYouruse OAt Requested c:=JIFor Your Review & Corrment Remarks: ,pyTo: - <~~*() roko - Office Manager EXHIBIT"A" --- - -:-z -!..t.:~ ~~ - -';.~ ~ 'L-II~(~ 0 i ~OTICE vr AWARD FOR CARLlV-E'S MEMBRANE SYSTEM ~~_ ~ APPLICATION F;R T~E MEMBRANE SYSTEM MAY ONLY BE INSTALLED ON A.COMMEAC!Al. NONRESIDENTIAl BUILDING BY A CAllUSLE ~ I ~ > ROOFING MEMBRANE ,AlITliOAIZED APPlICATOR ACCORDING TO CARLISLE SYNTEC INCORPORATED'S STANDARO WAiTTCN SPECIF1CATlONS . . :' r ..... SYSTEM WARRANTY AND MUSTBEWARRAHTED FOR EITliER FIVE!S), TEN (10), FIFTEEN (15), OR TWENTY (2O}YEAR$. ~ ."'1... SyoT..-....... ~ OATE P ThISl$ TO ~IOTlFYCAFIl.JSUi: TltATWE HAVE IIf:ENAWAADEDACOtmv.cr :::-... EOI' AWARD t:J1: _ AOOF DESlGN(S} OF AWAAQ TO INSTALL 1'll! CAAuSlE AOOflNG SYSTSI SPECIFTED FOR THIS 8UlUlrNo """ ....... lCARUSlE USE ON\. V) a<~STAT~ - L tHAW I BUILOlNC NAME BUIlOING AOOAeSS OWNER {COMPANY) OWNER IAOOAeSSj :-- ~ ~~f1;fT ~ NAr.lEOF AUTHORIZED APPUCATOA SYSTEM WARRANTY J;l.5'l'EAR V~OYEAA .0 15 YEAR (HU ONLY) o ZO YEAR eH". ONt Y) t="\.. TOTAl!:.. WARRANTY OYEAR UVEAR o 20YEAA ~ .. i: E) (FOFIHMSYSTEIoI) 7. MOO/FlED ASPHALT e. TVPElllORfII A$PHAl T 9. OTHER ~ ~ [ t o SURE.TOUGM (.07SREINF.ONLYl o HAIL (FIH(>>B.'-CK& FASTONLV) AO(KTlOHAl TWO YEAR APPl.JCA TOA RESPOHSIBIUTY jH'" SYSTEt.lS ONLY) MO.Of' Of'LfVEl.S SPECIAL WARRANTY o REFlECTMTY ('o'!HITE SURE.WELOONLY) OSURe.WELOEXTRA(.072 & .080 SWOHLY) DYES 0 NO I SITE MONITORS 0 YES 0 NO 2..080 FREPOM 3..045 REINF.EPOM 4. .080 REINF. ePOM flEECE lACe- stJAE........ a. FlEECEBACK 100 SUAE-sEAL. I. FlEECeBACK 115 BRfTE.....Y 10. FLEECEBACK 100 BRfTE.....Y ~~E8ACK 115 "lf~~ 13. AFX PlUS RQ.OF Sl.ope (IN. HR fr.) I J. 'I SURE-WELD 0 MEMBRANE ADHESIVE: (BONDING ADHESIVE) 14..00lS SURE.waD 1. 9O-1_30A 15. .080 SURe.WELD {50 .072 SURe.weLD 17. .080 SURE.WELD SURE.wac II. FlEECEBACK 100 (FDR ~BACK ONLY) 5. FASTlOO ADHESIVE I. FASTI02 ADHES.....E 5. .075 REINF.EPDM 2. B-5OO 3. SURe _ WELD o TOI' COVERING I. ROUNDED WATER WORN GRAVEL G. .060 BRlTE.PLY !l. FLEEcaACl< 115 SURE.waD 20. 2. CRUSHED STONE .. ACAYUC T. CONCRETE PAVERS (NOTE SIZE & BRANO) COATtNG SIZE "'AHO ~ HYPALON . HI' PROTECT.....E .. OTHER ""T IS. PalUTELT. WT. CONCRETE 7. CEMENTITlOuS WOOOFlBER I. STEEL LESS llWf 22 GAUGE 4. CELLl..ll.ARLT. WT. CXlHCRETE !l. GVPSUM 5. VERUlClAlTELT. 10. CORRUGATED WT. C:oHCl'lCTE STEEL (JIEFER ro CAAUSLE SPeCIFICATIONS FOR Pl1l.l.0UT REQUIREMENTS) BUlLOING USE BELOW ROOF ~~11,'?~:~~t Y} * 7. .045 HTM 21. OTHER MEMBRANE MEMBRANE FASTENING PUTES fBAR I. POl.. VMER SEAM PV. TE HI' LOCKING SEAM PlATE SEAM FASTENING PV. TE PIRANHA PLATE MEMBRANI! FASTENER SPACING (O.C.) PlRANHA-EXTAA PLATE o IZOO ~. 0 OTHER '.J. SURE-nreBAA r .. "1~t1(; 7. METALFASTENINGBAA ~ASS~W'U::UIRANE ROOF STATUS 1. TEELIWOOO 1. NEW CONSTI'lUCTION 2. FAST ADHESIVE 3. CONCRETE 4. UOHTWEIGHT 5. TYPE I1l/1V ASPHALT IS. HI' P1JRUN 7. MODlFIEDASPHAlT 8. OTHER '31 2. 3. PERUTE 3. INTERLOCKING RueaER PAVERS IHSULA'/7JlIS,rOM TOP) * ?~"UF' ~T' . . .(..L ~~0I1. l 2!...~_'_-I~~..(; 3.~ MEMIRANE FASTENER MANUF. I. M1l-1'" l...t.... I. EPS '3il <.{I{ 2. ORIENTEO SI'AANO ' BOARD e,~.,.OI ,. LENGTH I. FlBERBOARO t. HP PROTECT.....E MAT 10.SPF 2 4. POLVlSOCVANURATE 5. GYPSUM 11. OTHER_ e. EXTRUCEO POL YSTYR&IE OECK TYPE 1. WOCOPLANK snU.Z2GAUGE OR HEAVlEA 3. STRlICT1JRAL CONCRETE EAOOF I NO TEAR OFF (OF EXISTING ROOFING svsTtM) 3. REROOF I TEAR OFF (OF EXISTING ROOFING SYSTeM, EXlSTlNG ROOF MEMBRAH!. TYPE SMOOTH BUR 8. SMOOTH BUR TYPE LA OA IV TYPE: I OR II ~VELsuRFAce 7. SINGLE.PLY TYPE; 3. COAL TAR PITCH a. MODIFIEO BITUMEN 4. SPRAVEO URETHANe t. OTHER_ 5. MINERAL SURFACe TOTAL THlClCHESS OF msnHQ ROOF I~HES 4. MEMBRANE REMOVAL ONLY IF DECK IS LT. WT. CONCRETE. INDICAn BRAND I. DECK TYPE BENEATH: BRANO 1. STEEL 22 GAUGE OR HEAVIER 2. STEEL LESS THAN 220AOOE 3. ST~UCTURAl CONCRETE 4. OTHER I USe Of ROOF .. EATHER PROTECTION ONLY 1. APARTMENT 7. OFFlCEfBAHl</ FINANCIAL r;:\.ETAlL STOAEt ~ESTAUAAHT 9. HOSPlTAL/HEALTH Ul. FFlEeZEAICOLD CARE STORAGE 10. OORMn'ORVI INTERIOR ENVIRONMENT 5. OTHER NON. DETENTION FACtL CARlISL.E METAL WORK USEO? RESIDENTIAL 11. WAREI+OUSE o VES 0 NO II. HOTElJMQTEL. 12. REUGlClUS (ATTACH FASTENER PULLOUTS. 'MNO OESIGN REVIEW FORN. OR MOISTURE SCAN IF NECESSARY) 13. GOVERNMENT '4. BREWERY 2. SUNOECK 6. TERRACE 2. INDUSTRIAL 3. WALKING DECK 7 OTHER 3. GARAGe 15. HANGAR 4. PLAVGROUND 4. EDUCATIONAL 5. pAno SEAM TECHNOlOGY o HIGH HUMICITY o g~~~T 2. EP-95 SPlICE ADHESIVE. SPECIAL CONomONS e IS A f'ORiABLE LADDER NECESSARY? A- TITLE INSTAUC110Ns * * ATTENTION FORM 600266 (REV. 09/01) ARD TO CARLISLE MANUFACTURE.=1'~ ~=P~~_<::l=l\lTdTI\/l:" . INSlJUnoN FASTENER * ,.<:::~(l.~3 \'€ 2 BRANDI I. LENGTH 4'/ I ~ If, 2 MIN.INSUl...ATION FASTCNER SPAClNQ . OF FASTENERS PER: < X4' BOARD: 4' X S' BOARD: 11. PL'VWOOO(T1iK.J_ 12. OTHER MANUF.,PROOUCT ASPHALT .. '- BASE SHEETS I FELTS 2. '- BASE SHEET FASTENERS 3. _ - w _ ... _ ~ _ . . _ . p.. To: _~~,l ).L'/~cJ..- '-VI-A-' FPry,'. ~Date: a--J'flotj . " Re: Request lor Warranty Pa~ork. q'Srf. 'Tgif, () fa . / I Job Name: -:r;;;/i.M...L .5~ Applicator's Name: f--A.<rn~ ~". _ 'JJ..L. ~W~ FL- ~ The Items checked below indicate incomp7ete information as submitted on the Requeslfor Warranty (Notice of Award) for the above referenced project. Please provide the information as noted below to expedite the project approval process. ~ ;;s= (1) (2) (3) (4) (5) (6) (7) (6) (9) (10) (11) (12) (13) (14) (15) (16) (17) (16) (19) (20) (21) (22) (23) BulJdlng Name: Building Address I Cl1y I State I Zip Code: OWnGr Name: Owner Address I C~y I Slale I Zip COde: Warranty Type: Project Size: aximurii (building) height: Roof Slope: ~brane Sheet Width: System Type: A B Melal Retrofit Other: Membrane Type and Thickness: Membrane Adhesive: ~L Rool Slatus: New Re'roof Tear 011 Re-roof No Telar Off Existing RooI Type: Deck Type: Building Use: Seam Tecnnology Type: Insulalion Manufacturer I Brand I Type I Thickness: Fastener Manufacturgr I Brand I Type I Thickness: Subm ~ accurate roof plan. Notice of Completion: Start Date: Completion Dale: Dala 0' Award: Other: ,- \1 You may return thiS completed form to Carlisle's Technical Systems "nd Services Department at fax # (717) 245-7121. If you have additional questions. do not hesitate to call us at (800) 441-3433. Thank you for your assistance. Prepared by: ~~. l(J/ / f-- Dale: . ROOFING AMERICA FOR OVER 40 YEARS.., ~~I~~!r~~11 ~=I;':...:"tJ~'CflllWW""1O P~"QIih"":'~.SYVrtl; "'Vn,.'.iIl'~IlI",""",....c.m CUlIsl. SynTec .ncorpOA.ld T:'l~,~.__ _ ~.;." <n \:S. '\.- ~.. .. - () ~ '. e ':"'-;;:' . --= -'""""' ~b~~ D~-i 1 , ~1; ~~ ~." ~ ~..., I ._~ Cl ~ I~'''' ~ - --,-- \ ... 1 ~.~ ~ ~ 0 ! J ~ I \ ~ ~ 1;) rJYtz.IC~' '" i :;;: 81P J',", ",10___ "L ' Ie. l ). IC3 n T~/2 'toj ~I\ 01 8 ~I w..t;U... '{\ jt>c(.J ~ ! . . ,Il- D I . I \ . j,......lh.i-:Vc';::- I ~ '[j I t/N 4,2 J'J/J..x(I I II ~ I -'.j- 8-/x' I . Ci -r i .----_~ C) ! A ' -= D 1 ,/I;l.V. c~PN4' ( . . _{) l ClIP o7J ! <lu Q "'....J fi.PIJ, L""':- _ <"1-11.-.1;'-' ..,.. r;tny \ I J -PATP-' - . ~- -:--__~_--._------w---........_w_~ \- C;S7D}?f @ [).=>s. :: rl62tS~2 \ \ . t I - ""r )~ -2 G1 - ~ 0:0... ~ ,tWILl vP -. ~~PPJJ,-p!, f?.tt71- -1 (7 - pl'a-/=- ~T tP.itY i>cz.(: - 1I{.~I>tP/lEK) JI/RIfP~ Nt::f<. /..,)g1lj(..u li..ro {.M ~_. --56' -... ~ . tA~.;'I- '. ~ fr rJ- \ ... ~ .-r- /t{~ fm1 ~---..::J , 13 ~/L'S f> \.). '1"-c ~\ , KCl.l.>t.. ? S her ? Advice Number 526776 Bank One, NA .IL IN1-7202 7610 W Washington. tndpls. IN Date November 18, 2003 Dep Acc!: 111/1084722 Sub .Ace!: 22721 DEPOSITION EXHIBIT K/ nq c6 5-7~ To: CARLISLE SYNTEC INC. ATTN: CREDIT DEPT. Bob K,"1~ 1285 RETNER HIGHWAY BOX 7000 CARLISLE, PA 17013 Tllese 4'emt a~ beillg charved 10 )'Ow acc:ount and will be assessed a fee on youranMysisstatemenl. Inquiricu: BUSJNESS BANKING 800-404-4' 11 COMME.'RC1AL CUSTOMERS-Centact Sef\lice Rep ITEM SEQUENCE 01304 DEPOSIT DATE 11/13/2003 REASON: NSF 1st DEPOSIT REF. NO. 22721 CHECK NUMBER 011361 DEPOSIT AMOUNT 945,466.56 CHECK AMOUNT 68,250.00 1 Returned Item(s) totaling. · 0 Items Redeposited totaling: Total debited from your account (advice # 526776): $68,250.00 $0.00 $68,250.00 71 JFV':y/r:5' R~C1=-1" EXHIBIT "e" 24 /~:" 1 012 ~fY)cI d( . f'p~-:-" . UUllXlcANK S~r;;C.' . .'. .... .~' PClHTD.uo< '" ..' 11.49& :.:, ~.J,:,.,. I,. ~ " ./.... ,." ~~n....PL~...h ,_,,'or.'. .~' ..,;;;."....,.~~!...=~/// ' /I\J 'S'Io- : ......:,.-.. i.....;';,;:e....'/ 'I / .'1. ;,',.:..:~.:~o\IIO__II.JI.--;...,.. J."" .' .~ . ~.,.'.,...,.~~: '''''~...' ". ,.I', ".!.'r~,~...:Zi~' '/I'I'S"l.~/ ,.,./1;/ /.f' /1 . ~t:'. ::::"~" :1i:.~~I~// .~: PAY. _".:F,:- . ,-... '.. '" 1d-"l' -. "~'..~ .. . ,. . 101'IIS.~..#..'.r. .' ,'.. rJ. . .~IfINI'tIJ~,... ,. ,.- .: .. . .~. ..............~.:' 'C.1I.'!;)~."... ,..r....... $ ...~..> .. -"':""CIMSInT<<l~~a.t . ....,.,. ,.... ~;,)..~'~"'.:".:f ..,.. . ''S,25o.co '.:..-r. .... ">.,"., . . .,' ~......., ~ 7!',..'.y' :.:!~~J~Y ...~ ...~ ....: .:"..~. .~: .' :,'$,. JI,,,,,,. ,"'.' ,:,.(~~Y.:..' ,.. t'j,.. ..~-...rIi.4:.. ,..J ....,..:., .... . ~ 1....~~_EU..,.......,.............,...~..4~_e....C} ...,.I", .......~..,.., ...._\.,,;:o-.~l~e.-;xOOO::~u:tu.;a~...I1_. i. . . ,. ..ij.:.........' . . ,;~. . l"'.i.~,... ...I'o.'."~~'\"~""'" .. ,..' .~~,_,....A.A:t../., ..,., , ~/. 'r'/ ..~/t>iJ ...,/:,.",. ~~""...,~:..'.-"" ".1'" .' 7'/~~,1'Q"'_ .'/ ~ / ';' % ~0FI. '1.11/ Z' % 'i. i'/'I.~.r;ftr, ';1 ~..., '.~,~.' -,:. ~/ 1'~.~': ~/.f"'.J .CI<D*,M,md",-: '/ '/.'/' / .,' I;/'~ ", .A~(l. '.:.r/f.~...c~~ .... ; ..,f.l ~" ~ J. ...,. . ~ . ' .I I. '''~ .,.,~. J. lIIEI4l)-. .' . . ~r' ,-. ~ . ." . ...... ';')'-"'-~.'l'-' '>',' .;. ........ .';'^ ...:' ~"'. $"~ "1 '.. .~~.::....,.,. ...... .... ..... ~~ ..-..I..~............o",;..., ..........I;...~.~......"..11' '.7... ..'....f ..,;.~;t,. ~;... I;';") &;:W;". ."".;h .,;:. ~$"; ,~;~ V;;:.~~A ...,...0\....;.. ;'.'i-i ;IN. .. ~ ....I.r~(,J ."'.~.#Jl~~ '"",,, ~~:-,,&o.;i..~.1' ;?; :.:(".~~~~.'. ':"0 n..'i5".:';Or.?O"SUDa:.)~PQi$9.l).,aas..~ . ~~. "'~DOU ~saoo...::: I \ . 11 .. 13,~.Jll._m-' .1.~,~'~ua4" tm .' :!25~~ft ~~~~.. . ~ . .. I . .... . ..11 ~I~ El<l 111_ Cl5C30!1:J4, 11~<::4-03i' . . . \' 'HlX . I .. ~le7~ .' .' , \ I" i I I;~ ~ ~~I ~ . f' \ . ' i@ I I.. li..'~, ~ ,I t II ... ~ ! r .....;., '. ----- -. - -- -----.----- Process Date 2003 Nov 28 post.1t" Fax Nole Run Number 17 Charge Back Bank Number III Charge Back Account Number 1084722 Alternate Account Number 0 Store/Lockbox Number 22721 MICR Amount $68,250.00 Advice Number 588014 DEpOSITION TRIPS Queue 10 EXHIBIT ji','nril 7 TRIPS Sequence Number 56714 5 L{J.f: Deposit Date 20031121 Redeposited N Retum Reason OINSF 1st h eb b e e ge b ge c " De~ uo ~~ ~~.~~Q ....... . ~ ........,...... ....~~ ...-......., ... ,..... r- . . SYSTEMS, INC. Single-Ply Roofing Specialists 4100 North Powertine Road, Suite P-4 Pompano Beach. Florida 33073 (954) 984-0988 fax: (954) 984-0665 WWW.hurricanesystem.com December 5, 2003 Carlisle SynTec Incorporated 1285 Ritner Highway Carlisle, PA 17013 ATTN: Bob King RE: Check # 11495 In response to your phone call last Wednesday regarding the above referenced check dated 11119/03, please be advised that one of our other suppliers deposited a check that was supposed to be held pending the release of funds for the project which they supplied. This created a balance in our account which was not sufficient to cover the above referenced check. I will replace the funds owed with a cashiers check as soon as the funds are received from the other project, which will bc next week. I apologize for any inconvenience this has caused, and will make sure it doesn't happen again. (We will pay in cashier's checks on large invoices from now on) Thank you for your understanding in this matter. Sincerely, Hurricane Systems, Inc. ~~~ Richard Milancsc Jr. President EXHIBIT"C" 22 . CJuu.ISLE SvNTEC INCORPORATED Customer Financial Services Box 7000 Carlisle, PA 17013 Phone (717) 245.7000 Fax (717) 245-7125 Reply to: R. L. King, Manager CFS Direct Phone: 717-245-7050 Email: rkinQ@sVnlec.carlisle.com December 8, 2003 Mr. Richard Melanese Hurricane Systems, Inc 4100 North Powerline Road Suite P-4 Pompano Beach, FL 33073 Re: Balance Due $135,731.33 Dear Mr. Melanese, VIA FACSIMILE 954-984-0665 and U.S. Mail Fax' Fltx' I am in receipt of your letter dated December 5, 2003. Surely, you can ~lIlderstand our reluctance to put any faith in your new payment promise. As the result of two separate checks (# 11361 and 11495 each for $68,250.00) retuned for insufficient funds, the latter as the replacement Jbr check #11361, we have no alternative but to initiate the appropriate legal action to protect our financial interests. Notices of non-payment will be sent to a1l affected building owners, architects and general contractors and the aforementioned legal action will result in the tennination of your company as an Authorized Carlisle Applicator. ~ ./ R.L. ng Mana er Customer Financial Services cc: S. Schwar, J. Mack, P. Migliore ~ Catlbl. SynT.; lncol'llllt1t1d VERSICO """""""'4Iii;;..~...;# DEPOSITION EXHIBIT Kcnj q 5'-7-09 LJ:I(- EXHIBIT"C" 21 EC()Star" >. ....,. ~['] . ~ ~ . Advice Number 526776 Bank One, NA .IL IN1.7202 7610 W Washington, Indpls. IN Date November 18, 2003 DepAce!: 111/1084722 Sub Ace!: 22721 DEPOSITION EXHIBIT KI'nq IL 5-7-0'1 LKI-( To: CARLISLE SYNTEC INC. ATTN: CREDIT DEPT. Bob K\,,~ 1285 RETNER HIGHWAY BOX 7000 CARLISLE. PA 17013 These items ,Ire being charg~ to your aCCOunt ~nd will ~ aSSU$N a lee on your analy,sis statMJent. Inquiries: BUSINESS BANKiNG SOO-4CJ4..4111 COMMeRCIAl CUSTOMERs-eontaa Service Rep ITEM SEQUENCE 01304 DEPOSIT DATE 11/13/2003 REASON: NSF 1st DEPOSIT REF. NO. 22721 CHECK NUMBER 011361 DEPOSIT AMOUNT 94S,466.56 CHECK AMOUNT 68,250.00 1 Returned Item(s) totaling: * 0 Items Redeposited totaling: Total debited from your account (advice # 526776): $68,250.00 $0.00 $68,250.00 ..-.---- ~_.. ~~~i;~~/~:-::",~ ~.I,.,~" ?;;'!I' , :;'~;:;(}:Ikl};': ....; \ ':i ,,!IM)!' ">~Mi~~;i~9b.o (;8, 2 5.000" It. . , ~Oo~ 1/ Al 5"&(- ~(if-&~ 'f~ ~ 1;tI /pv:3t/C/~R~ R~c:k.:?-1 i EXHIBIT liCit I 'I CERTIFICATE OF SERVICE I hereby certify that on September 15, 2004, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy ofthe Praecipe To Enter Into Record, via hand delivery, to the party listed below, as follows: Michael Traxler, Esquire Abom & Kutulakis 36 South Hanover Street CMU,k, PU;:P 0 David A. Baric, Esquire r~1 ~ ..f;". \.D . , . ......, I.::::;:) C-.;) ~- o -n ::;! i7i::n r- -(1m :.oCJ '"1 . :::~j(j ~j~~ ~.~: rq ::::! (/) rq '-;:J U1 " :~ CARLISLE SYNTEC INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W NO. 04-272 CIVIL HURRICANE SYSTEMS, INC., sit THE HURRICAN GROUP, INC.,: Defendant IN RE: PRELIMINARY OBJECTION OF DEFENDANT RAISING QUESTION OF LACK OF PERSONAL JURISDICTION BEFORE BAYLEY AND HESS. J.1. ORDER AND NOW, this 10' day of November, 2004, following argument thereon, the court being satisfied that the law amply supports the exercise of its personal jurisdiction over the defendant in this case, the preliminary objection of the defendant raising a question of lack of personal jurisdiction is OVERRULED. BY THE COURT, v1'>avid A. Baric, Esquire For the Plaintiff ) vMichael T. Traxler, Esquire F or the Defendant .' I1J :rlm ~ /I-/f-O ( (~- ,.../l.... rjj~!}S~:f:ci~Tc',)( 2!Jt~ t']:,: I .""\ . () Fi;: ':(. II v. l'~.......l_. , - . " - , /, ; , ';.:--Jc/,V?)/ f',-.l.. .. '", .~ ; CARLISLE SYNTEC, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 272-2004 CIVIL TERM HURRICANE SYSTEMS, INC. sit THE HURRICANE GROUP, INC., Defendant CIVIL ACTION - LAW PETITION OF DEFENDANT'S COUNSEL FOR LEAVE TO WITHDRAW The petition of Michael T. Traxler, Esquire, of Abom & Kutulakis, LLP, respectfully represents: 1. The action was filed by plaintiff on January 26, 2004, and petitioner was shortly thereafter retained by defendant to represent defendant in the matter. 2. On February 24, 2004, after consultation with defendant's Florida counsel and defendant, petitioner filed Preliminary Objections on defendant's behalf, verified by defendant, raising issues of personal jurisdiction. 3. Since that date, petitioner has attempted to contact the defendant numerous times by phone and the defendant has failed to return petitioner's phone calls. 4. Petitioner has written a number of times to the defendant, but has received no response from defendant. 5. Petitioner has contacted defendant's counsel in Florida in an attempt to resolve the defendant's failure to communicate with petitioner. 6. The case will be listed for trial in the near future and petitioner will be unable to prepare the defense of the action without the presence or availability of the defendant. 7. Petitioner's continued representation of defendant has been rendered unreasonably difficult by virtue of the client's absence, and good cause exists therefore under Rule 1.16(b)(5) of the Pennsylvania Rules of Professional Conduct for petitioner's withdrawal of appearance in the case. 8. Despite a fee agreement requiring payment by defendant for petitioner's services on an hourly basis and the submission of bills to the defendant, petitioner has received no fee from the defendant for representing defendant in this action. 9. Petitioner advised defendant by letter dated September 14, 2004, that defendant's failure to cooperate and communicate with petitioner and failure to pay for petitioner's service would force petitioner's withdrawal as counsel. 10. Defendant failed to respond to petitioner's correspondence dated September 14, 2004. 11. Defendant has failed to fulfill obligations to petitioner regarding petitioner's services and has been given reasonable warning that petitioner will withdraw unless the obligation is fulfilled, and good cause therefore exists under Rule 1.16 (b) (4) of the Pennsylvania Rules of Professional Conduct for petitioner's withdrawal. 12. The continued representation of defendant without payment of petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on petitioner, and good cause exists therefore under Rule 1.16(b) (5) of the Pennsylvania Rules of Professional Conduct for petitioner's withdrawal. WHEREFORE, petitioner requests that this Court grant petitioner leave to withdraw his appearance for defendant in this action. FURTHERMORE, petitioner respectfully requests that all proceedings be stayed until this Court makes a determination on the foregoing Petition. Respectfully submitted, MOM & KUTULAKl8, LLP L~~~.f[~ /5: ID No. 90961 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 Petitioner VERIFICATION I, Michael T. Traxler, Esquire, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. Respectfully submitted, ADOM & KUTULAKIS, LLP DAlE 1.2 I go /0 l./ 7~-PD:::;/J( Michael T. Traxler, Esquire ID No. 90961 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 Petitioner CERTIFICATE OF SERVICE AND NOW, this 30 ..ft'tlay of December 2004, I, Michael T. Traxler, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition upon those listed below by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Richard Milanese, Jr. 4100 N. Powerline Blvd, Suite P-4 Pompano Beach, FL 33073 Jon D. Derrevere, P.A. Derrevere & Hawkes 470 Columbia Drive, Building "B" West Palm Beach, FL 33409-1949 De.ftndant's Florida Counsel David A. Baric, Esquire O'BRIEN, BARIC AND SCHERER 19 West South Street Carlisle, P A 17013 Plaintiff's Counsel Respectfully submitted, ADOM & KUTULAKIS, LLP ../JA J . / n ---..-- ~ Lf/~~I /~ Michael T. Traxler, Esquire i 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 ID No. 90961 Petitioner , .c. . ->r"-. ""-'" - C/.1 .~ c- , -'- ~.. ~ ."'".... . 50':: Ii! ~ () r- ':- -'~," f-'-'~ n-' : .r::- eo ....." c:...., = ...c- o ,..." <J (,.) a .h. o ""11 --f ::t::n fT1 -'. r- -""rt:1 ~6 ?T. [-)~ ;>::1n '-) ~;:..( ~:o "' -...... - - CARLISLE SYNTEC, INC, Plaintiff PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, v. NO.: 272-2004 CIVIL TERM HURRICANE SYSTEMS, INC sit THE HURRICANE GROUP, INC, Defendant CIVIL ACTION - LAW DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant, Hurricane Systems, Inc. ("Hurricane"), by its undersigned counsel, hereby answers the Complaint of plaintiff, Carlisle Syntec, Inc., ("Carlilse"), as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. To the contrary, representatives of Carlisle located in Florida requested that Hurricane become a purchaser of Carlisle's products. 6. Admitted in part, denied in part. Admitted to the extent that Carlisle ordered product from Carlisle. All remaining allegations contained in averment 6 are specifically denied. 7. Denied. To the contrary, Defendant has never conducted business in Pennsylvania. Furthermore, it is denied that the allegations contained in averment 7 constitute a substantial part of the dealings between Carlisle and Hurricane. 8. Admitted in part, denied in part. Admitted that ordf:rs and invoices were attached as Exhibit "C" to Plaintiff's Complaint. Denied to the extent dlat Hurricane placed these orders. Strict proof to the contrary is demanded. Denied to the extent that Carlisle provided express written warranties. Strict proof to the contrary is demanded. 9. Admitted in part, Denied in part. Admitted to the extent that Plaintiff attached an Exhibit "D" to Plaintiff's Complaint. Denied to the extent that the charges reflected on the invoices were reasonable. Strict proof to the contrary is demanded. 10. Denied. To the contrary, the amount that is owed to Carlisle by Hurricane is in dispute. Furthermore, it is denied that Hurricane owes Carlisle attorney fees. Denied to the extent that there are amounts owed to Carlisle by Hurricane. 11. Denied. Denied to the extent that Hurricane was aware that it would be subject to an 18% finance charge. 12. Denied. To the contrary, Hurricane disputes the amount that is due and owing. Furthermore, Hurricane has made payments to Carlisle. COUNT I CARLISLE SYNTEC INCORPORATED v. HURRICANE SYSTEMS, INC. BREACH OF CONTRACT 13. Hurricane incorporates by reference paragraphs one thourgh twelve as though set forth at length. 14. Denied. The allegations contained in averment 14 are denied to the extent this averment contains conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations contained in averment 14 are denied as Hurricane disputes that amount that is owed to Calrlisle and Hurricane has made payments to Carlisle. 15. Denied. The allegations contained in averment 15 are denied to the extent this averment contains conclusions of law to which no responsivl~ pleading is required. To the extent that a responsive pleading is required, the allegations contained in averment 15 are denied as Hurricane disputes the amount that is owed to Carhsle and Hurricane has made payments to Carlisle. 16. Admitted in part, denied in part. Admitted to the extent that the Credit Application includes similar language to the language contained in averment 16. Denied to the extent that Hurricane is bound by the language contained in averment 16 or in the Credit Application. 17. Admitted in part, denied in part. Admitted to the I~xtent that the Terms and Conditions include similar language to the language contained:ln averment 17. Denied to the extent that Hurricane is bound by the language contained in averment 16 or in the Terms and Conditions. 18. Admitted in part, denied in part. Admitted to the extent that Exhibit "D" contains similar language to the language contained in avermem 18. Admitted to the extent that Plaintiff has calculated amounts in averment 18 that are all(:ged to be owed by Hurricane. Denied to the extent that Hurricane owes the amounts alleged to be owed in averment 18. To the contrary, the amounts owed by Hurricane are in dispute and is a matter to be resolved by the finder of fact. 19. Admitted in part, denied in part. Admitted to the extent that the Credit Application contains similar language to the language contained:in averment 19. Admitted to the extent that Plaintiff has calculated amounts in averment 19 that are alleged to be owed by Hurricane. Denied to the extent that Hurricane owes the amounts alleged to be owed in averment 19. To the contrary, the amounts owed by Hurricane are in dispute and is a matter to be resolved by the finder of fact. 20. Denied. The allegations contained in averment 20 are denied to the extent this averment contains conclusions of law to which no responsive pleading is required. To the extent that a responsive pleading is required, the allegations contained in averment 20 are denied and strict proof to the contrary is demanded. Respectfully submitted, MOM & KUTULAKlS, LLP , y --- ..----- --..,l4A/A(U I. /~} Michael T. Traxl(:r, Esquire / ID No. 90961 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry for Difendtmt \{ VERIFICATION I verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. This verification is signed by Michael T. Traxler, attorney for the Defendant because the Defendant has been uncooperative, non-responsive and has failed to fulfill obligations to undersigned counsel. The statements made in the foregoing Answer are based upon statements, documents and information provided by the Defendant to Michael T. Traxler several months prior to the filing of the foregoing Answer. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification of authorities. Date: ;::< / gu /C'~ t ,.. .~~0\ ~ /~I Michael T. Traxler 1 CERTIFICATE OF SERVICE AND NOW, I, Michael T. Traxler, of ABOM & KUTOLAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Defendant's Answer by First Class U.S. Mail at the following: Richard Milanese, Jr. 4100 N. Powerline Blvd, Suite P-4 Pompano Beach, FL 33073 Jon D. Derrevere, P.A. Derrevere & Hawkes 470 Columbia Drive, Building "B" West Palm. Beach, FL 33409-1949 Defendant's Florida Counsel David A. Baric, Esquire O'BRIEN, BARIC AND SCHERER 19 West South Street Carlisle, P A 17013 PlaintijJ's Counsel Respectfully submitted, MOM & KUTUI..AKI5, UP DATE /:</.{o/cr I t , / /7..------ ~A~,.i Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ID No. 90961 '2: ~\~ ,,::'~ 1-'; f , ~ .<:-._ c. ...; L.~' , ():;~ : .' r;;-- ~'~'.~ ?~\ -<. r---:t = :2 ~ c-> c..:> c:> ~ .-1 :!'.-n r:1r=: ~n HiO "1 ?,:>b :1:. :..; \ (~1:-?' ';;''' ~~1 :~ ~ -1-" - - ;,"::" CARLISLE SYNTEC, INC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PENNSYLVANIA v. NO.: 272-2004 CIVIL TERM CIVIL ACTION - LAW HURRICANE SYSTEMS, INC sit THE HURRICANE GROUP, INC, Defendant RULE TO SHOW CAUSE AND NOW, this ~ day of 1~-, , 200 ~~ , upon consideration of the foregoing Petition for Leave to Withdraw Appearance, the Court grants a rule to show cause why the appearance of Michael T. Traxler, and Abom & Kutulakis, LLP, Esquire, on behalf of defendant, Hurricane Systems, Inc., should not be allowed to be withdrawn. RULE RETURNABLE OR , 2004, al _of the C1J1Tlh~tla8.a C..IUJ.lLY Courthouse, Carlisle, PelJ.U"ylv 41...;.c All proceedings to stay meanwhile. M. ;"U CDu.1(:f8StB _, .. ~:.o ~J ~c J'.(;1I , t... ~ BY THE COURT, Distribution: ~chael T. Traxler, Esq. ~avid Baric, Esq. j c.A"1urricaneSystems "R\C.h.a.C"d ft\, \o..r\,e.~e. R. )- 4100 Powerline Blvd., Suite P-4 Pompano Beach, FL 33073 v.rc;hn D. Derrevere, P.A. 470 Columbia Drive, Bldg. B West Palm Beach, FL 33409-1949 Ad J. V\"j\:\f t\1,'g')1 \,t:Jc! A..l~.[(~' __-': .cc'"::'=2t1n8 S2 :8 ~'ld 0 I ~wr ~UuZ AU\fJ.C:\OiilC'::Jd 3\-\1 :.\0 ':12.:j::O-03"1\::J CARLISLE SYNTEC, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 272-2004 CIVIL TERM HURRICANE SYSTEMS, INC. sit THE HURRICANE GROUP, INC., Defendant CIVIL ACTION -LAW MOTION TO MAKE RULE TO SHOW CAUSE ABSOLUTE AND NOW, Michael T. Traxler, Esquire, and Abom & KutuWris, LLP, respectfully move this Court to make absolute the Rule to Show Cause, which was issued in the above-captioned matter on January 10,2005, and in support of this motion state the following: 1. Michael T. Traxler, Esquire and Abom & KutuWris, LLP (hereinafter "moving party"), filed a Petition for Leave to Withdraw as Counsel on December 30, 2004. 2. On January 10, 2005, this Court issued a Rule on David Baric, Esquire, Plaintiffs counsel; Hurricane Systems, Inc., Defendant; and John D. Derrevere, P.A., Defendant's Florida counsel, to show cause why the appearance of moving party on behalf of the Defendant, Hurricane Systems, Inc., should not be allowed to be withdrawn. This Court's Rule to Show Cause is attached as Exhibit "A." 3. The Rule to Show Cause was returnable 20 days after service. 4. The Rule to Show Cause was distributed to all responding parties by the Cumberland County Prothonotary. In addition, moving party served each responding party with a copy of the Rule to Show Cause by first class mail. Copies of the cover letters to each responding party, are attached as Exhibit "B." All responding parties have failed or refused to respond to the Rule to Show Cause. WHEREFORE, Michael T. Traxler, Esquire, and Abom & Kutulakis, LLP, respectfully request that this Court make the RuIe to Show Cause absolute and grant their Petition to Withdraw as Counsel. Respectfully submitted, ADOM & KUTULAKlS, LLP . .--~ (1~j?1. L Michael T. Traxler, Esquire ID No. 90961 36 S. Hanover Street Carlisle, P A 17013 (717) 249-0900 Petitioner CARLISLE SYNTEC, INC., Plaintiff rID IT: @ IT: :IT W iT ill JAN 1 2 2005 1 IN THE COURT OF COMMON PL~ y. CUMBERLAND COUNTY, PENNSYLVANrA.m-m-------- v. NO.: 272-2004 CIVIL TERM HURRICANE SYSTEMS, INC. sit THE HURRICANE GROUP, INC., Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW. "'" ~"Y 0 no', n tC~ 5. "pOO """"=tion "f ili, foregoing Petition for Leave to Withdraw Appearance, e Court grants a rule to show cause why the appearance of Michael T. Traxler, and Abom & Kutulakis, liP, Esquire, on behalf of defendant, Hurricane Systems, Inc., should not be allowed to be withdrawn. RULE RE1URNABLE-en ?OOLl.. <1+ , :P.I.mC...H..u...D..vVll..L , J.f) ~ o..~~)trv';c", \'.If ~L8 C'J1=Db~:r;.l.......rl rountv CourthOll~p. r:~t'lt~lp ppnnc~Tl"".ani8.. All proceedings to stay meanwhile. J. Distribution: Michael T. Traxler, Esq. David Baric, Esq. Hurricane Systems 4100 Powerline Blvd., Suite P-4 Pompano Beach, FL 33073 John D. Derrevere, P.A. 470 Columbia Drive, Bldg. B West Pahn Beach, FL 33409-1949 EXHIBIT I II A'l MOM & KUTULAKIS .- ATIORNEYS AT LAW ~\Ql ~ Iv L/ January 13,2005 Jon D. Derrevere, P.A. Derrevere & Hawkes 470 Columbia Drive, Building "B" West Palm Beach, FL 33409-1949 Re: Carlisle Syntec, Inc. v. Hurricane Systems, Inc. No. 272-2004 CCP Cumberland Our File No: 04-051 Dear Mr. Derrevere: Enclosed please find a courtesy copy of Judge Hess's Rule to Show Cause why my appearance entered on behalf of Hurricane Systems should not be allowed to be withdrawn. Very truly yours, ADOM & KUTULAKlS, LLP //-------- (1t4:.e~~~! / '-------::-: Michael T. Traxler MTI/ejf Enclosures Cc: Richard Milanese, Jr. Dave Baric, Esq. EXHIBIT I \\BJf REPLY To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249~0900 1 06 WALNUT STREET HARRISBURG, PA 17101 (717) 232~9511 FAX (717) 249~3344 MOM & KUTULAKIS ..II. ATTORNEYS AT LAW /"-------. ~r', (0'\ /. ~/<))' lj'--/ \ if January 13, 2005 Richard Milanese, Jr. 4100 N. Powerline Blvd, Suite P-4 Pompano Beach, FL 33073 Re: Carlisle Syntec, Inc. v. Hurricane Systems, Inc. No. 272-2004 CCP Cumberland Our File No: 04-051 Dear Mr. Milanese: Enclosed please find a courtesy copy of Judge Hess's Rule to Show Cause why my appearance entered on behalf of Hurricane Systems should not be allowed to be withdrawn. Thank you for your attention to this matter. Sincerely, ABOM & KUTULAKIS, LLP - r-/ -- ~-""- /Y 1UA/J~/<. I. /1/1.. T '\ Michael T. Traxler MTT/ejf Enclosure Cc: Jon D. Derrevere Dave Baric, Esq. REpLY To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249.0900 1 06 WALNUT STREET HARJUSBURG. PA 17101 (717) 232.9511 FAX (717) 249.3344 _ABOM & KUTULAKIS !Ii. ATTORNEYS AT LAW 'C"--:"\' I( \, \:::::..."c(('i, ~)" IJ<J L January 13,2005 David A. Baric, Esquire O'BRIEN, BARIC AND SCHERER 19 West South Street Carlisle, P A 17013 Re: Carlisle Syntec, Inc. v. Hurricane Systems, Inc. No. 272-2004 CCP Cumberland Our File No: 04-051 Dear Dave: Enclosed please find a courtesy copy of Judge Hess's Rule to Show Cause why my appearance entered on behalf of Hurricane Systems should not be allowed to be withdrawn. Very truly yours, ABOM & KUTULAKlS, LLP . ()----- ~ /UJ~/,--,<: I. I'-""! - Michael T. Traxler MTI/ejf Enclosure Cc: Richard Milanese, Jr. Jon D. Derrevere REPLY To: 36 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) 249.0900 1 06 WALNUT STREET HARRlS8URG, PA 17101 (717) 232.9511 FAX (717) 249.3344 CERTIFICATE OF SERVICE a-th... AND NOW, this 1 - day of February 2005, I, Michael T. Traxler, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Petition upon those listed below by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Richard Milanese, Jr. Hurricane Systems, Inc. 4100 N. Powerline Blvd, Suite P-4 Pompano Beach, FL 33073 Difendant Jon D. Derrevere, P.A. Derrevere & Hawkes 470 Columbia Drive, Building "B" West Palm Beach, FL 33409-1949 Difendant's Florida Counsel David A. Baric, Esquire O'BRIEN, BARIC AND SCHERER 19 West South Street Carlisle, PA 17013 Plaintiffs Counsel Respectfully submitted, ADOM & KUTULAKIS, LLP ~~-er~ Michael T. Traxler, Esquire 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ill No. 90961 Petitioner ~:c; ~ . , '~,;~ ...,.., ,...n CO \ ....0 J:~ FEB 1 0 2005 r{ r CARLISLE SYNTEC, INe., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.: 272-2004 CIVIL TERM HURRICANE SYSTEMS, INe. sit THE HURRICANE GROUP, INe., Defendant CIVIL ACTION - LAW ORDER AND NOW, this 1/' day of 1<6,....., . 2005, upon consideration of the Motion to Make Rule to Show Cause Absolute filed by Michael T. Ttaxler, Esquire, and Abom & Kutulakis, LLP, it is hereby ordered that the Rule, which was issued on David Baric, Esquire, plaintiffs counsel; Hurricane Systems, Inc., Defendant; and John D. Derrrevere, P.A., Defendant's Florida counsel, in the above-captioned matter on January 10, 200.5, to show cause why the appearance of Michael T. Traxler, Esquire, and Abom & Kutulakis, LLP, should not be allowed to be withdrawn, is made absolute and the Petition to Withdraw as Counsel is hereby granted. BY THE COURT, Distribution: .//0..44 / J. Michael T. Traxler, Esq. David Baric, Esq. Hurricane Systems 4100 Powerline Blvd., Suite P-4 Pompano Beach, FL 33073 John D. Derrevere, P.A. 470 Columbia Drive, Bldg. B West Palm Beach, FL 33409-1949 \ )~ 1l"Vu-~.l ;;L. I!{" be<:' q~, i 3. ~:;: 1! I'" ~.. .,. ., ',1 :_',.' PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONJTARY OF CUMBERLAND COUNI'Y Please list the following case: (Check one) for JURY trial at the next tenn of civil court. x) for trial without a jury. --------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) (x Civil Action - Law CARLISLE SYNTEC INCORPORATED Appeal from Arbitration (other) (Plaintiff) vs. HURRICAN SYSTEMS, INC. sit THE HURRICANE GROUP, INC. The trial list will be called on and Trials commence on (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 2004-272 Civil ACTTON 19 Indicate the attorney who will try case for the party who files this praecipe: David A. Baric, Esquire, 19 West South Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Jon D. Derrevere, P.A., Derrevere This case is ready for trial. Signed: FL 33409-1949. Defendant's ."..~.,~, & Hawkes, 470 Columbia Drive, Building "B", West Palm Beach, local counsel, Michael T. Traxler, Esquire has with his Print Narre: n~:nri (l A R::Iri r Date: Febru"ry 17, 2005 Attorney for: Plaintiff 7==' ?J ..-z.- ~ ~ .....,.. ~ I'-~ <9' ~ cp (f'. e;- CARLISLE SYNTEC, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HURRICANE SYSTEMS, INC. sIt THE HURRICANE GROUP, INC., DEFENDANT 04-0272 CIVIL TERM ORDER OF COURT AND NOW, this Ist- day of March, 2005, IT IS ORDERED that a bench trial shall be conducted at 9:00 a.m., Thursday, March 17,2005, in Courtroom Number 2, Cumberland County Courthouse, carl. isle, penns~lvanria;;7 ...--- /. BvPe-60urt'h ' ~vjd A. Baric, Esquire For Plaintiff /;}~ ,/ JcfhD. Derrevere, Esquire Derrevere & Hawkes 470 Columbia Drive Building B West Palm Beach, FL 33409-1949 For Defendant > I ~ Court Administrator :sal t~:. ,^.,- ,~ .- \ CO(;. :;'~'f~ ';jC. if.) <:,.~.:-O ._'''",'"1 ::;:..1 ---- -~ CARLISLE SYNTEC INCORPORATED, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LA(W i CIVIr TERM HURRICANE SYSTEMS, INC., Sit THE HURRICANE GROUP, Defendant INC. , NO. 2004-272 ORDER OF COURT AND NOW, this 17th day of March, 2005, I find in favor of Plaintiff Carlisle Syntec, Incorporated, and aga'nst Defendant Hurricane Systems, Inc. sit The Hurricane Group Inc., in the amount of $180,444.53, plus costs. Edgar B. Bayley, J. ./ )1avid A. Baric, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff > .~~ OJ-Je'u5 J~n D. Derrevere, Esquire ~70 Columbia Drive Bldg. B West Palm Beach, FL 33409-1949 For the Defendant pcb .' , .\ " . / II CARLISLE SYNTEC INCORPORATED, Plaintiff v. HURRICANE SYSTEMS, INC. sit THE HURRICANE GROUP, INC., Defendant IN THE COURT OF C MMON PLEAS OF CUMBERLAND CO TY, PENNSYLVANIA NO. 2004-272 CIVIL ERM CIVIL ACTION-LAW PRAECIPE TO ENTER JUDGMENT ON 0 TO THE PROTHONOTARY: Please enter judgment in the above-captioned matter pursuant to the rder Of Court signed by the Honorable Edgar B. Bayley on March 17, 2005 entering judgment in fav r of the Plaintiff in the amount of$180,444.53. Respectfully submitted, /'''' O'BRIEN, BARIC &SCHER.E; , ~ \''):\.~' 7 I C,/ 'h~ David A. Baric, Esquire J.D. 44853 19 West South Street Carlisle, Pennsylvania I 013 (717) 249-6873 dab.dirnitigation/carl.syn/h nrricane/enterj ndgment. pra CARLISLE SYNTEC INCORPORATED, Plaintif:f I IN THE COURT OF ChMMON PLEAS OF CUMBERLAND COUNTV, PENNSYLVANIA v. CIVIL ACTION - L W HURRICANE SYSTEMS, INC., Sit THE HURRICANE GROUP, INC., Defendant NO. 2004-272 CIV L TERM ORDER OF COURT AND NOW, this 17th day of March, 2005, I find in favor of Plaintiff Carlisle Syntec, Incorporated, and ag inst Defendant Hurricane Systems, Inc. sit The Hurricane Group Inc., in the amount of $180,444.53, plus costs. Edgar B. Bayley, J. David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 For the Plaintiff Jon D. Derrevere, Esquire 470 Columbia Drive Bldg. B West Palm Beach, FL 33409-1949 For the Defendant' pcb ~M II CERTIFICATE OF SERVICE I hereby certify that on March 22,2005, I, David A. Baric, Esquire 0 O'Brien, Baric & Scherer, did serve a copy of the Praecipe Enter Judgment On Order, by first class D.S mail, postage prepaid, to the party listed below, as follows: i I I i[ !, I II II II il I I ! I II II II II II [ Jon D. Derrevere, Esquire 470 Columbia Drive Building B / West Palm Be.ac.h, Florida 33.409 . J.. ../ r,. /) / fCllVVi/c//i..i('-'7 ( ?f1 David A. Baric Esquire ~ ~~~- '%> ~ . ~4- D~ _ y' . ---D <;;--" <:--- '\-) .vJ \;.J \;J r "-.J ("") ....> C:~, C c::-_~ .- c.>1 ,".;".:, :;;;;:; (',' .".. - :;:0 ('.) ~. ~,-:- '. ~- 1;__. -po ::.~ "r" ~+~- <S ( j ~ .- ..