HomeMy WebLinkAbout08-4198ROBERT D. KODAK, ESQUIRE
KODAK & IMBLUM, P.C.
407 N FRONT STREET, PO BOX 11848
HARRISBURG, PA 17108-1848
(717) 238-7159
NOLAND COMPANY
v
for Plaintiff
IN THE COURT OF COMMON PLEAS OF
Plaintiff :'• Cumberland COUNTY, PENNSYLVANIA
DONALD AMMERMAN individually and
trading as Donald Ammerman
Plumbing & Heating
Defendant(s)
NO. 6 V /-/ I q? c hi, 'I 4-t 'n
CIVIL ACTION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set
forth in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by an
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed without
you and a judgment may be entered against you by the court without further notice for any
money claimed in the complaint or for any other claim or relief requested by the plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion
dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparencencia escrita
y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA
SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA
DE COMO CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A
PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
NOLAND COMPANY
v
Plaintiff
IN THE COURT OF COMMON PLEAS
Cumberland COUNTY, PENNSYLVANIA
NO. () S-_ L1fgg- eIhr} l ?trk
DONALD AMMERMAN individually and
trading as Donald Ammerman
Plumbing & Heating
Defendant(s)
CIVIL ACTION - LAW
COMPLAINT
The Plaintiff, NOLAND COMPANY, by its attorneys, KODAK & IMBLUM, P.C.,
brings this action of Assumpsit against the Defendant to recover the sum of TWENTY
FOUR THOUSAND SEVEN HUNDRED NINETY-FIVE DOLLARS AND FIFTY-FIVE
CENTS ($24,795.55), along with interest thereon at the statutory rate from June 25, 2008,
upon a cause of action of which the following is a statement:
1.
2
The Plaintiff, NOLAND COMPANY, is a corporation organized and existing under
the laws of the State of Maryland, having its principal office and place of business
at 1350 Wesel Boulevard, Hagerstown, Maryland 21740.
The Defendant, DONALD AMMERMAN, individually and trading as Donald
Ammerman Plumbing & Heating, is an adult individual with an address of 501
Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania
17257.
F:\ USER\ ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\ NOLAND COMPANY\ NOLAND 34559.wpd 2
3. On or about August 8, 2006, Defendant submitted an Application for Commercial
Credit to Plaintiff, which credit was granted to Defendant, a true and correct copy
of which is attached hereto, marked Exhibit "A" and made a part hereof.
4. On the dates, in the amounts, and for the prices set forth in a true and correct copy
of the Plaintiffs May 25, 2008 Statement of Account hereto attached, marked
Exhibit "B" and made a part hereof, Plaintiff, at the special instance request of the
Defendant, sold and delivered goods, wares and merchandise of the kind and
description set forth on said Exhibit to the total amount of Nineteen Thousand Eight
Hundred Thirty-Six Dollars and Forty-Four Cents ($19,836.44).
5. The prices charged for said goods, wares and merchandise were just and
reasonable, were the legal and market prices therefor and were the prices which the
Defendant promised and agreed to pay to Plaintiff.
6. The balance due and owing by Defendant to Plaintiff is the sum of Nineteen
Thousand Eight Hundred Thirty-Six Dollars and Forty-Four Cents ($19,836.44) as
shown on Exhibit "B" attached hereto.
7. Due to the default of Defendant, and pursuant to the terms and conditions of the
Application for Credit executed by Defendant hereto attached as Exhibit "A",
F:\ USER\ ROBIN\CCP&DJ CMPS\ CCP COMPLAINTS\ NOLAND COMPANY\ NOLAND 34559.wpd 3
attorney's fees in the total amount of Four Thousand Nine Hundred Fifty-Nine
Dollars and Eleven Cents ($4,959.11) have been added to said account.
8. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature
of same and have previously been provided to Defendant.
9. Plaintiff frequently demanded payment from Defendant of said amount due and
owing as aforesaid, but Defendant refused and neglected and still refuses and
neglects to pay said amount or any part thereof.
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of
TWENTY FOUR THOUSAND SEVEN HUNDRED NINETY-FIVE DOLLARS AND FIFTY-
FIVE CENTS ($24,795.55), together with interest as set forth herein.
Respectfully submitted,
KODAK & IMB P.C.
Robert D. Kodak, Esquire
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7159
Attorney ID No. 18041
Attorney for Plaintiff
F:\ USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\NOLAND COMPANY\NOLAND 34559.wpd 4
.JUN-08-2008 FRI 04,25 PM Noland Company FAX NO, 30173371:87
10i91i2005 19:01 FAX 757 928 7112 NOLAND CREDIT SUFFORT + Luru uu
Application for Commercial Credit Only
P. 04
Wyuu':
Applicant authorizes Noland Company to check all credit references and inforinalion provided and to utilize all other credit resources
deemed necessary by Noland Company to determine the Applicant's creditworthiness.
LEGAL NAME OF BUSINESS`
Ownership: Proprietorship V Partnership
Principal Owner(s) or Officer(s) are:
Corporalion Limited Liability Company
Date Buslness Started
Name Resident Address Title Social Security#
N- -MQc..+ar 390 f q,,,t.. SA sj?? .4rc 19.2 -JZ+7
Annual Sala S glop_. ?* oa No. of Employees C.,Z
Please ottmh financial statements for the fast two years.
Describe type of business and work performed pal
If new business, list employer (s) and address(es) for pest two years
List other business interest now of Owner(s) or Officer (s)
No. of Invoices Required If ealea ran exempt, attach oe Wicatn.
If you provide payment bonds an job work, name and address of surely(les)
Credit References:
Name Address Telephones
Bank Lb c t S S rn.,?.? ?y ??trt en 1?1? 7? Ill
e
Name Address Telephone#
Supplier :Z" q J,sati.11. Cot r1 A Sa
Supplier /^? l4 dC-+s ^ Q1,^\rti J e Mrya ,?.?. ?\ I ttDD /
Supplier T-1 .? 1 r, r„mcx-- 51 C,6ln l? (t + G 31
Supplier
Reid Estate Owned:
Value Title in Name of Balance Owing Mortgage Holder
Home S
Address
.Business $
Address
Other S
Address
?111.3r A
nrT 11 '29 12:9? 75? 92E 7112 PAGE. 02
.JUN-06-2008 FRI 04;25 PM Noland Company FAX NO. 3017337'.87 P. 05
10/31/2005 13:02 FAX 57 928 7112 NOL.AND CREDIT SUPPORT y LORI JU 10jUUJ
Tm" AND CONDITIONS
Noland Compmy ("Noland'y and the person signing below adar rho heading "Applieonl" ("Applicant"l hereby agroo M, follow[:
Pricey
ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE UNLESS NOLAND HAS GUARANTEED PRICE pROTECTION IN WRITING, All written
price protections chill Specity the period of drta the pi ice protection romaine in effect In the event the written price proroetion does not specify the period of time the
price protection matleins in effect; the pride prolection ;hall remain in effect for 90 days from the dam a writton price quotation or offer is provided by Noland. OR/,L
STATEMENTS OF SALES PERSONS ARE NOT BINDING.
Payment Tams
NOLAND'S MONTHLY BIi LiNG PERIOD BEGINS ON THE 26TH DAY OF EACH MONTH AND ENDS ON THE 2571.1 DAY OR TNi° LAST WORK DAY
PRIOR TO THE 2STH OF THE FOLLOWING MONTH. All payments sea doc upon reaeipi of an invoice. If a monthly billing stalaeett is not fully paid by the
25th day (or preceding business day, w1um appropriale) of $a following month. W1 unpaid amounts shown on Such Statement Will be past due and the account will be
in defaalt. All amounts slut are pest doe sfiall be accessed a service charge shalt month at the rate of tiro. Pcymcnrs will be applied first to unpaid service charges, In
no event shall a reeviee charge exceed the highest pre permitted by law, and say excess service charge shall oe returned or credited to Applicant's account.
Applicants who do not pay accounts when due to Noland ague to reimburse Noland for all closer and expeaces of collaction. indadinR without timiudon. court
costs, attorneys' fees of 2S% of the aruoont due, and other exposm incurred by NoLud in collecting such accounts whether or not a lawsuit is commenced. if the
attorneys' foes rAcecd 26%, Applicant will pay such additional reasonable attorneys' fees as may be inconzel by Noland. If Applicant is not a 00"Atia, or a
limned liabiliiry company (LLC) at the time the Ctedir Application is cracuted but subsequently incorporates or forms a LLC, with or without the knowledge of
Noland Applicant and such corporation or LLC Shall be bound by tJtese Tom and Conditions and shall be liable to Noland for any LoAcbvArless incurred by,
assumed by, at transfetred to such corporation or LLC, Applicant Wally reprtcelits that eons of the credit catmded by Noland to Applicant is being used in
connection with the•purchase of goods forpcrsonal, family or household purposes but is an trtttrnaian of credit far basitress or carormciat purposes.
Scope of Agreement
THESE TEAMS AND CONDITIONS SHALL. APPLY TO AND GOVERN ALL FIJRCHASES OF GOODS BY THE APPLICANT FROM NOLAND,
REGARDLESS OF THE TERMS OF ANY PRECEDING OR SUBSP.QUI:NT PURCHASE ORDER. SALES ORDER, ORAL STATEMENT OR OTHIIrRW1SE.
In the event of any conflict bctweyt the provisions hereof told the ,arras and provisions of any other Agrc mot, sales order, porehase order, oral statement or
otherwise. these Teems fend Conditions shah annual. It is the intention of the parties hereto thus these Terror and Conditions set fart the prineipm terms of all future
sales or goods by Noland to the Applicant, except as to the price of such goods, the method and cost of shipment the quantity Said. and the delivery date and
location, which are exported to be set forth from tired to time in o separate agreement sales order or purchase order.
Clallms
NO CLAIMS FOR DAMAGES, DEFECTS, SHORTAIPES, OR FOR ANY OTHER CAUSE SHALL BE VAUD UNLESS MADE IN WRITING AND
RECEIVED BY NOLAND AT THE ORIGINATING BRANCH WITHIN 30 DAYS AFTER THE LATER OF THE DATE OF DELIVERY OF GOODS TO
APPLICANT OR TM DATE OF OCCURRENCE, it the goods sold by Noland are damagod or defective, regardless of whether the toenufacucr adtnowted ffes
responsibility under its wMwn or otherwise, Naiad shall have no tcrpontibilisy of any kind for my darutges, other than to U) replace the dAteaged or dcfwdvc
goods from iis inventory. if availabls, or (2) allow a credit for the amount of the purchase price of the dcfeetire of damaged goods. in no went shall Noland be liable
for any labor ehMes incurred by Applicant with respect to such goods. Noland Aril) not be liable for noa•dolivery, delays, costs or apanses caused by acts of God,
war, 1011c m delays of cusiers, aaadats. gasoline shortages, fires, floods, labor disputes, civil disordcm governmental orders or actions. inability to secure goods
from usual sources of supply or any other cause beyond NalAnd's annual.
,i
iI
All shipments mode via common oaria [tit F.O,p, origin. On all such shipments (whetter made directly ro Applirand from the nnanofaeatter, 111 authorized agent of
the manufacturer, or ftan Noland), Noland'S responsibility aced liability for risk of loss/demogc ends upon the delivery to and roceipt of the goods by the common
carrier unless otherwise Spoe f' red in a separate npeement, sales order. or purchase order.
i Achislon of Werrsrtiics
NEITRER NOLAND NOR ANY OF ITS SUSS1OIARIGS OR A MUATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RMPECT TO ANY
GOODS SOLD BY NOLAND OR BY ANY OTHER PERSON. Except as stated above regarding "claims;" Appileaal's sale an4 enelasive remedy for breech of
warranty or negligence by the rpsaafxutuer. or for any failure, defect or inadequacy or Any kited of the goods sold by Noland is against the martufactorar or goods
20113 to Applicant and not Against N611104, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHRRWIM
INCLUDING, WMOUT LIMITATION, ALL iMPL= WARRANTIES Of MERCI.IANTABILTTY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
HERESY DISCLAIMED AND EXCLUDED. Noland shall not be liable, directly or indirectly, for any loss, cost, damage or eapence, including. without limitation,
eonsequcatiA or ineidearol damapes, arising directly or indirectly from the eondidon, operation or use of any goods Gold. ANY AND ALL REPRESENTATIONS,
PROMISES, WARRANTIES OR STATEMENTS BY NOLAND'S L°MPLOYVA AND/OR AGENTS THAT DIFFER IN ANY WAY FROM THESE TERMS
AND CONDITIONS SHALL HAVE NO FORCE OR EFFECT, Any proposal by the Applimt w6ty the term[; hereof or to =pmtd the wmandes or odor terms
act forth herein unless agreed to in writing by an outhodsod officer or agent on behalf of Noland, shall be deemed a material ahtradon and shall not become parr of
those Terns and Conditions or any other ap=mcnt between the panics.
Cancellation of Orders
APPLICANT SHALL BE RIESPONS161.9 POR ALL EXPENSES AND CXA1t0BS INCURRED BY OR ASSESSED AGAINST NOLAND AS A RESULT OF
APPLICANT'S CANCELLATION OF ANY ORDER PLACED WITH NOLAND ON THE BASIS OF NOLAND'S QUOTATION OR OFM TO SELL ANY
GOODS,
Sbippiog and handling Charges
GOODS SHIPPED TO THE APPLICANT BY COMMON CARRIER MAY BE SUBJECT TO ADDITIONAL CHARGES BY NOLAND FOR ARRANGING
THE SHIPML•NT OF GOODS AND FOR HANDLING SUCH SHIPMENT, This condition includes, but is not limited to, special order Soods, goods shipper!
directly to the Applicant by the manufacturer, and goods shipped to the applicant from Noland locations.
Torres
ANY TAX, INCLUDING. BUT NOT LIMITED TO SALES, USE, AND EXCISE TAXES ON THE SALE OR USE OF MERCHANDISE SOLD BY NOL.AND,
MUST 91; PAID BY APPLICANT AND WILL Dig ADDED TO THE AMOUNT DUE FROM EACH SALE, Noland will accept soles tax exemption cattiricates and
aehrde appropriate retell and We ratters (bm the invoice total provided that (1) Applicant provides Noland with a soles tax exemption certificate iuvcd by the state that
charp the pNtioulsr tat in question. (z) Applieanr's purchase is to be used for the same purpose the exemption certificate wa, grated by the state, (3) the none on the „
exempt 00 eadfCW it Applicant's curlaat legal name, and (4) the exemption eertifteats has not expired. A mcluect by Applicant for an e=emption from tax constitutes
Applicant's warranty that the exemption is Justified and Applieam promises to indemnify Noland against 130 claims, liabilities, interest and penalties, including
reasonable attomcy's fees, that nduk from my attempt by a clam to collect from Noland was which Noland did not charge and motive Itan Applicant.
OCT 31 105 12:07 757 926 7112 PAGE.03
JUN-06-2008 FRI 04;25 PM Noland Company FAX NO, 3017337187 P. 06
10/91/2005 19:02 FAX 757 928 7112 NOLAND CUDl'1' JLIYYUK•1' w LUXI JU Lpy 1) u9
Rcluracd Geeds
GOODS SOLD BY NOLAND MAY NOT BE RETURNED WITHOUT MIRMiSSION OF NOLAND AND, IF RETURN IS PERMITR't3D. SUCH RETURNED
GOODS MUST BE IN SALABLE CONDITION AND IN THEIR ORIGINAL PACKAGING, Special orders may not be returned until authorized by the
manufecnumv. Credit for spacial orders is limited to the credit allowed by the inanufaetuter, Goodi relomcd for the ranvcnimce of Applicant tarn subject to Geighr and
handling charges and a reesonablo restocking charge,
Plans and Speculevians
NOLAND MAKES NO WARRANTY THAT THE DESCRIPTION OP GOODS PROVIDED BY APPLICANT CONFORMS TO ANY PLANS .AND
SPECIFICATIONS FOR GOODS NEEDED BY APPLICANT. Applicant is cautioned to compare Noland's quotation with Applien,ttjs actual cpeoified requirements
to Avoid altar. Noland asaumac no responsibility for coy addenda and/or Alternates to apeeified tequirumants. Any alternate goads offered by Noland are based on
Nol24's i merpretation of the specifications, and Noland dots not gttatintee opproval or ooecptancc of such goods by the specifying authority.
Gonetsl CNtdltiens
ALL QUOTATIONS AND AGREEMENTS TO SHIP GOODS ARE SUSJECT TO APPROVAL BY NOLAND'S CREDIT DEPARTMENT. Noland retetves the
tight at any time to discontinue shipping goods should events come to Noland's attention that, in its opinion, warrant the tctloinadon of credit salsa. Noland reicrvice
the rishl to withdraw or amend any part or all of any quotations prior to bring aecoptad by Applicant. Noland reserve& the tight to correct typographical, slcooeraphie,
arithmetical and clerical errors.
Applicant ugtoes that venue and jurisdiction for any legal proeeedin6 to collect any omoant due by Applicant to Noland may be broughl, at Nolaad'c optiaa, in the
city or county -here Noland sales were made as shown on the monthly billing stataalont. THE CONSTRUCTION. PERFORMANCE AND ENFORCEMENT OF
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY THE LAWS OF THE STATE WHERE NOLAND SALES WERE FADE.
The undersigned hereby consent(s) to Noland Company's use of a nag-businuss consumer credit report on she uttdtrsipad in order to further rvaluate the
credit trosthitam- of the undersigned us principal(s), proptictar(s) and/or guarantor(s) in connection with the =tension ofbleshloss credit as tmtemputed by
this credit application. The undersigned hereby eatliaMe(s) Noland Company to utilize a consumer credit report on the undusillrAd rran skate to time in
eonn"0611 with the esttemion or centln0114611 of the business cruti t repres'emcd by the credit application. The tradersipned as (at] IntlMdunt(c) hereby
knowingly consent to the tare a( such esltdit report consistent with the Federal Fair Credit Reporting Act os contained in 1 S tLS•C, fat 1661 et ecq.
W) of Compa"ny" Business r rA" R? + NN t2% 1, &J } 1t looo2a- p licani's 5ignatu Titl?e0Wf ~o (Seal)
Date Signed If partnership, both or all partners must sign,
To! NOLAND COMPANY
PERSONAL GUARANTY
The undersigned ration Noland to extend eortunercial credit to or otherwise do business with
(Legal Name of Business) ? `? (City) (State)
hamieafter called the "Applicant". to induce Noland to do so and in coosidrlation thereof, each of as personally unconditionally guarantees to Noland the payment of
all of the Appliesrtt's picaeltt and fatwe utilizations to Noland. Each of Its psrsmtally unconditionally guarantees to pay on demand all suns due or that become due to
Noland from the Applicant and all losses, Costs, attorney's fees of 211% of the amount due or expenses which may be suffered by Noland by touch of the Applicant' S
defauh. If the attorney's feat exceed 2196. Applicant will pay such additional ttesooable attorney's fees as may be incurred by Noland. Noland may proceed to collect
All sums that are or that become dua Noland, or my put thereat from the undersigned or any of thato without Noland first exercising any of its rights against the
Applicant or any collateral. the uadudgned hereby waiving any right to requite Noland to pursue the Applicant ter any collateral before enforcing tha obligations of
the undersigned or gay of the Iterounilet. If Applicant is not a eorporadon or a limited liability company (LLC) at the time this Guaranty is executed, bet Applicant
subsequently incorporatt'a or forms A Ll e, with or without the knowledge or consort of Noland, the undersigned shall be jointly and severally liable to Noland for any
indebtedness incurred by or transferred to such corporation or LI.C. No wridnalion of this Go-Melly shall be effected by the death of any or all of as. This Guaranty
may not be tereMnated except by notice cent to Noland by registered mail owning a termination due effective not lest than 30 days aRrr receipt of such notice by
Noland. No termination shall effce[ indebtedness and obligations arising from agreements ar WAAllcments made prior to an effective termination date. Each of us
wolves nodes of acceptance hereof and waives presentment, demand, notice of dishonor, protest, notice orprawst and nonpayment as to arty pate or obligation signed,
accepted, endorsed or assigned to Noland by the Applicant, and all exemptions any other demands ao'd noticc6 requucd by law, Guaranu r(s) agreos that venue for
any legal proceeding Io aolleot on the is account tray be brought at Noland's option, in the city/county where Noland aalat were made. This Guaranty is a joint and
seucral obligation on the part of the undersigned and shall bind our rupeative heirs, administrator, personal representntivea, succouors and assigns and shall inure to
Noland't suoeauors and astigna, inoluding. but not limited 10 boy patty to whom Noland tray acaign any item or account We hereby waive notice of any such
assigmmrmt. All of Noland's rights we cumulative and not alterandva.
WTiWESS our huds 'ad Saab. This-day of
(State)
DO NOT USE 77TLE OR OM CORPORATE SEAL
CO-OWNERS OF JOINTLY RI ELD PROPERTY MAY BE IMQUMD TO SIGN
The undeniguid hereby content(s) to Noland Company's use of a non-business consumer aidii report on the undersigned in order to further evaluate the
exedit woolliness of The ondercipud as prindpal(sL proprietor(s) and/or grarenter(a) in connection with rho citmosian of business credit ax contemplated by
this et'edtt application. The anderslgned hereby autharizoW Noland company to wiliia s consumer credit report on the undersigned ins time to time in
con action with the eztcnsion or condmoodoa of lino business credit reprrsented by the credit application. The underAgaed as [An] ladividual(s) hereby
knowingly e6monr to the use of sash credit report eonsistcat with the Federal Fah Credit Reporting wet as contained in 15 U.S.C. Q 1661 et scq.
(GuartNlor'S Signature ) - Personally
(Guarantor's Signaturt) - Pcrsan:dly
tGUarsntor'.t StBn?turt) - Personally
(Guarantor's Signature) - Personally
FORM 37110 REV.1 IAN
OCT 31 '05 12:08
757 928 7112 PAGE.Oa
- ® A
NOLI?l?isf
1350 WESEL BOULEVARD
HAGERSTOWN MD 21740
RESET TO:
5,230 NOLAND COMPANY
P.O. BOX 402301
ATLANTA GA 30384-2301
2201
DATE CtlSTOIER NO
105/25/20081 13390
DONALD AWIERNAN PLBG & HTG
501 WALNUT BOTTOM ROAD
SHIPPENSBURG PA 17257
DATE RETEFBiCE. NO. TC J AMOUNT CUSTOMER PO K&MR
02/18/2008 4,818.7
02/25/2008 84.2
03/25/2008 2203NO058663P 344.83
03/25/2008 81.9
03/26/2008 2203NO059691P 559.1
03/26/2008 2203NO058692P 4,387.1 PETERSON
03/27/2008 2203NO050687P 16.9 TOOL SALE
03/27/2008 2203NO056737P 541.9
03/27/2008 2203NO058739P 13.8
03/28/2008 2203N0058755P 885.8 PETERSON
03/28/2008 2203NO050756P 44.9
03128/2008 2203NO058757P 13.2 M58755
03/31/2008 2203NO058787P 122.2 PETERSON
04/07/2008 7,000.0
04/22/2008 220IN042242SH 503.5 WARR-VOCHT
04/23/2008 2203NO059171P 39.6
04/23/2008 2201NO422424HE 11.1 BOOCH
04/25/2008 77.4
05/25/2008 289.5
{ R411aa 19,836,4 < TOTAL DUE
cawrolsmx - - A,40wvmo r
289.55 14,217.11 426.7 4,903.0
SEE REVERSE SM FOR TERMS AND CONOMM
2201
FOR MM&S CALL- 301-739-6600
AlMWNT,
PAID '
I PLEASE REi1 N -N8 M B WM I
YOM PAYE DUMD CHECK NCI MES PAID
WSERENC6 NO. AMONNT
4,818.76
84.28
2203NO058663PL 344.83
81.91
2203NO05669LPL 559.14
2203NO058692PL 4,387.16
2203NO058687PL 16.96
2203NO058737PL 541.91
2203NO058739PL 13.86
2203NO058755PL 885.88
2203NO058756PL 44.95
2203NO058757PL 13.29
2203NO058787PL 122.26
7,000.00
220IN0422425MF 503.50
2203NO059171PL 39.62
220IN0422424MF 11.13
77.45
289.55
TOTAL DUE >
DONALD Al?fl?lERMAN PLBG & HTG
05/25/2008 13390 1
• JL:L,03-2008 16:22 KNUPP KODAK & IMBLUM 717 238 7158 P.07
VERIFICATION
I D/i 1 un A-4 C??rOli? /r? r/I-
(n ) (title)
of NOLAND COMPANY, verify that the statements made in the aforegoin document are
true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to
NOLAND ZOANY
By: Y,
Title: itA r?a?.? /yo ? ? ?
Dated: 7 7 D?
34559
Ammerman
TOTAL P.07
ez)
Cr? ? d
g
?,,
C3
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04198 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NOLAND COMPANY
VS
AMMERMAN DONALD ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
-^P TTT T, the
DEFENDANT at 0019:41 HOURS, on the 29th day of July 2008
at 501 WALNUT BOTTOM ROAD
SHIPPENSBURG, PA 17257 by handing to
MnVAT.n AMMPPMAN DEFENDANT
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 19.00
Affidavit .00
Surcharge 10.00
00
V 47.00
Sworn and Subscibed to
before me this day
So Answers:
R. Thomas Kline
07/30/2008
KODAK & IMBLUM
By: 6p??r /j
of , A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2008-04198 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
NOLAND COMPANY
VS
AMMERMAN DONALD ET AL
KENNETH GOSSERT , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
AMMERMAN DONALD T/A DONALD AMMERMAN PLUMBING & HEATING the
DEFENDANT , at 0019:41 HOURS, on the 29th day of July , 2008
at 501 WALNTU BOTTOM ROAD
SHIPPENSBURG, PA 17257 by handing to
DONALD AMMERMAN DEFENDANT
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Postage .42
Surcharge 10.00
.00
?1DiIDY ? 16.42
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
07/30/2008
KODAK & IMBLUM
By:
D ut Sher f
A.D.
David 1Q Bueff
prothonotary
1?jrkS. Sohonage, ESQ,
Solicitor
knee X Simpson
1" Deputy prothonotary
Irene E. Morrow
2nd Deputy prothonotary
Office of the Trothonotary
Cum6erland County, Pennsylvania
4n p r sV17g CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
. R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square 0 Suite 100 • Carlisle, PN 17013 • (717 240-6195 0 Fax (717 240-6573