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HomeMy WebLinkAbout08-5470Carlisle Cement Products, Inc., vs. Plaintiff Middle Atlantic Restoration, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08 54'70 Oiv i 1 I--rwA CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products, Inc., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. OF- 5'470 Curd Teas.. Middle Atlantic Restoration, Inc. CIVIL ACTION Defendant COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products, Inc., by and through its counsel, Melissa K. Dively, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1. Plaintiff is Carlisle Cement Products, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office at 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff'). 2. Defendant is Middle Atlantic Restoration, Inc.with its registered office located at 3 South 40`h Street, Camp Hill, Pennsylvania, (hereinafter referred to as "Defendant") 3. Plaintiff operates a business which supplies cement and masonry related products to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate the Defendant's purchase for Plaintiff's products. 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately June 2007 to approximately July 2008, Defendant requested that Plaintiff supply the Defendant with products, the cost of which was billed to Defendant's credit account. 7. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. (A copy of an invoice provided to the Defendant is attached hereto and incorporated herein as Exhibit "A") 8. Said invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 9. Defendant received and continues to receive monthly billing statements reflecting the invoiced amounts. (A copy of one of Defendant's monthly billing statement reflecting the overdue balance is attached hereto as Exhibit "B" and incorporated herein by reference.) 10. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 11. The balance due and owing on the account of the Defendant as reflected in Exhibit "B" is the sum of Thirty Six Thousand, Nine Hundred Ninety One Dollars and Thirty Nine Cents ($36,991.39). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 14. Defendant has at no time disputed the amount due or made a claim to Plaintiff that the products that the Plaintiff provided were in any way unacceptable. 13. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the amount of Thirty Six Thousand, Nine Hundred Ninety One Dollars and Thirty-Nine Cents ($36,991.39) plus interest, attorney fees as allowed by law and costs of this action. Respectfully submitted, SALZMANN HUGHES, P.C. Date: ` )J / o-F Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 P&C.S. Section 4904 relating to unworn falsification to authorities. Date: d By: Its: Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 • 717-243-5323 Bill To: MIDDLE ATLANTIC RESTORATION SIGNATURE AND PO REQUIRED P.O. BOX 693 CAMP HILL, PA 17011 717-737-3293 Reference: Comment: KUTZTOWN UNI TH0350010 SIKAFLEX COLONIAL WHITE CCP1 MISC a:. s -23 $5.00 ($115.00) 24 $5.00 $120.00 1 $3.00 $3.00 Pay by the 10th and save $0.10 Thank you for shopping Sub Total $8.00 Carlisle Cement Products, Inc. Sales Tax $0.48 Please come a ainl Total $8.48 Store Account $8.48 Change Due $0.00 EXHIBIT Invoice Transaction M Account #: Page: Date: Time: Cashier. Register M 67767 1007 2 of 3 7/28/2008 11:47:00 AM LOU 2 Ship To: MIDDLE ATLANTIC RESTORATION SIGNATURE AND PO REQUIRED P.O. BOX 693 CAMP HILL, PA 17011 717-737-3293 ?! -A-- Carlisle Cement Products, In Carlisle, detach and enclose top portion with payment. ------------ --------------------------------------- ------------------------------------- ------ Account Summary ? on?- Account Number: 1007 Closing Date: Name: Due Date: MIDDLE ATLANTIC RESTORA SIGNATURE AND PO REQUI P.O. BOX 693 Account Statement Account Number: 1007 Due Date: Net 30 Balance: $36,991.39 Minimum Payment: $0.00 Amount Enclosed: CAMP HILL, PA 17011 Previous Balance: $4,785.48 1 $1 Account Acti New Charges: Credits / Payments: New Balance: 8/25/2008 Net 30 $36,407.96 $583.43 $0.00 $36,991.39 T 667 -f - Cha!ges 7128/2008 New Charge -- Transaction #67767 $8.48 7/28/2008 New Charge -- Transaction #67787 $84.80 7/31/2008 New Charge -- Transaction #67977 $7.95 8/25/2008 Finance Charge -- Finance Charqe #41086 „? .f, EXHIBIT iq -_t3__ PO Box 617 PA 1701'3-0617 717-243-5323 MIDDLE ATLANTIC RESTORATION SIGNATURE AND PO REQUIRED P.O. BOX 693 CAMP HILL, PA 17011 Account Number: 1007 Page 1 of 1 ?A- to O C3 C ° Sty L `*???- cn 00 ? r TM SHERIFF'S RETURN - REGULAR CASE NO: 2008-05470 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CARLISLE CEMENT PRODUCTS INC VS MIDDLE ATLANTIC RESTORATION IN MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE the MIDDLE ATLANTIC RESTORATION INC was served upon DEFENDANT , at 1135:00 HOURS, on the 18th day of September, 2008 at 3 SOUTH 40TH STREET CAMP HILL, PA 17011 by handing to MELISSA WILSON, OFFICE MANAGER ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Postage .59 Surcharge 10.00 -?- 00 All 1104 t? 4w 2 . 59 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/19/2008 SALZMANN HUGHES By Deputy i of A. D. # - Carlisle Cement Products, Inc., vs. Plaintiff Middle Atlantic Restoration, Inc. Defendant TO: Middle Atlantic Restoration 3 South 40' Street Camp Hill, PA 17013 _ DATE OF NOTICE:/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5470 : CIVIL ACTION NOTICE OF PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS OT THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. Pennsylvania Laywer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 Respectfully submitted, SALZMANN HUGHES. P.C. By: Me ' sx . ively, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the 3 day of November 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Middle Atlantic Restoration, Inc. 3 South 40'h Street Camp Hill, PA 17011 Dennis Shatto, Esquire Cleckner & Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17101-1694 Salzmann Hughes, P.C. r? C, Q n r ? cj? I It CARLISLE CEMENT PRODUCTS, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.: 08 - 5470 CIVIL TERM MIDDLE ATLANTIC RESTORATION, INC.: CIVIL ACTION Defendant NOTICE TO: Carlisle Cement Products, Inc. c/o Melissa K. Dively, Esquire SALZMANN HUGHES, P.C. 79 St. Paul Drive Chambersburg, PA 17201 You are hereby notified to file a written response to the enclosed Defendant's Preliminary Objections to Complaint within twenty (20) days from service hereof or a judgment may be entered against you. CLECKNER AND F REN By Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorneys for Defendant CARLISLE CEMENT PRODUCTS, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND, COUNTY, PENNSYLVANIA NO. 08-5470 Civil Term VS. CIVIL ACTION MIDDLE ATLANTIC RESTORATION, INC Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW, comes the Defendant, by and through its attorneys, Cleckner and Fearen, and files the within preliminary objections to the complaint, as follows: A. Failure to Conform to Rule of Court (Pa R C P 1028(a)(2)• 1. This action is based upon an alleged failure to pay amounts due on a credit account. 2. Paragraphs 4 and 5 of the Complaint allege that Defendant requested credit and that Plaintiff granted the request for credit and established a credit account. 3. Although the claim is based upon an agreement, the Complaint does not state specifically if the agreement is oral or written, as required by Rule 1019(h). WHEREFORE, Defendant requests that the Complaint be stricken for failure to conform to Rule of Court. B. Lack of Cavacity to Sue (Pa R C P 1028(a)(5)• 1. In paragraph 1 of the Complaint, Plaintiff alleges that Carlisle Cement Products, Inc. is a Pennsylvania corporation with a registered office 510 East North Street, Carlisle, PA. 2. There is no corporation of record in Pennsylvania with the name "Carlisle Cement Products, Inc.", and Plaintiff therefore lacks the capacity to sue. WHEREFORE, Defendant demands judgment in its favor. Respectfully submitted, CLECKNER AND FEAREN By: J121 W z Dennis J. Shatto PA Attorney ID #25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorney for Defendant VERIFICATION I verify that the statements made in the foregoing document 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. Section 4904, relating to unsworn falsification to authorities. This verification is made by counsel because of the temporary unavailability of an officer of the defendant corporation. CLECKNER AND FEAREN By: / Dennis J. Shatto PA Attorney ID 25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 DATE: ? /3 2008 CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that I served a true and correct copy of the foregoing document upon the person (s) indicated below, by depositing same in the United States mail, postage prepaid at Harrisburg, Dauphin County, Pennsylvania, this 13 day of November, 2008. Melissa K. Dively, Esquire SALZMANN HUGHES, P.C. 79 St. Paul Drive Chambersburg, PA 17201 CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID #25675 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 ? y .i Carlisle Cement Products, Inc., Plaintiff/Petitioner vs. Middle Atlantic Restoration, Inc. Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 CIVIL ACTION MOTION TO AMEND CAPTION AND NOW, comes the Plaintiff/Petitioner, by and through its attorneys, Melissa K. Dively, Esquire and Salzmann Hughes, P.C. and files this Motion to Amend Caption in the above captioned action as follows: 1. Petitioner is Carlisle Cement Products Company, a corporation organized and existing under the laws of Commonwealth of Pennsylvania, with a business address of 510 East North Street, Carlisle, Pennsylvania and a mailing address of P.O. Box 617 Carlisle, Pennsylvania 17013- 0617. 2. Respondent is Middle Atlantic Restoration, Inc. a corporation existing under the laws of the Commonwealth of Pennsylvania with its registered office located at 3 South 40th Street, Camp Hill, Pennsylvania. 3. Petitioner filed a Complaint in the Cumberland County Court of Common Pleas to Civil Action No. 08-5470 against Defendant/Respondent for the collection of unpaid invoices. 4. Subsequently to filing said Complaint, Petitioner recognized that the name of the Plaintiff was identified incorrectly in the caption of said Complaint as "Carlisle Cement Products, Inc." instead of its registered name, "Carlisle Cement Products Company." 5. In response to Defendant/Respondent's Preliminary Objections which were filed on November 13, 2008, Plaintiff/Petitioner will file an amended Complaint with an amended caption if Petitioner's request herein is granted. 6. Undersigned counsel contacted Defendant/Respondent's attorney, Dennis J. Shatto and he concurs with Petitioner's Motion to Amend Caption for Civil Action 08-5470. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner's Motion to Amend Caption in the above captioned action to provide Petitioner's registered corporation name as follows: Carlisle Cement Products Company, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. Middle Atlantic Restoration, Inc., : No. 08-5470 : CIVIL ACTION Defendant Respectfully submitted, SALZMANN HUGHES, P.C. Date: a 1 U ?' By: Melis 'K. ivel , Esquire Attorne 780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the 9 1 5+ day of November 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 Salzmann Hughes, P.C. By: elis . Di , Esquire W Carlisle Cement Products, Inc., Plaintiff/Petitioner VS. Middle Atlantic Restoration, Inc. Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 : CIVIL ACTION MOTION TO AMEND CAPTION AND NOW, comes the Plaintiff/Petitioner, by and through its attorneys, Melissa K. Dively, Esquire and Salzmann Hughes, P.C. and files this Motion to Amend Caption in the above captioned action as follows: 1. Petitioner is Carlisle Cement Products Company, a corporation organized and existing under the laws of Commonwealth of Pennsylvania, with a business address of 510 East North Street, Carlisle, Pennsylvania and a mailing address of P.O. Box 617 Carlisle, Pennsylvania 17013- 0617. 2. Respondent is Middle Atlantic Restoration, Inc. a corporation existing under the laws of the Commonwealth of Pennsylvania with its registered office located at 3 South 40`h Street, Camp Hill, Pennsylvania. 3. Petitioner filed a Complaint in the Cumberland County Court of Common Pleas to Civil Action No. 08-5470 against Defendant/Respondent for the collection of unpaid invoices. 4. Subsequently to filing said Complaint, Petitioner recognized that the name of the Plaintiff was identified incorrectly in the caption of said Complaint as "Carlisle Cement Products, Inc." instead of its registered name, "Carlisle Cement Products Company." 5. In response to Defendant/Respondent's Preliminary Objections which were filed on November 13, 2008, Plaintiff/Petitioner will file an amended Complaint with an amended caption if Petitioner's request herein is granted. 6. Undersigned counsel contacted Defendant/Respondent's attorney, Dennis J. Shatto and he concurs with Petitioner's Motion to Amend Caption for Civil Action 08-5470. 7. A Judge has not ruled upon any other issue in this matter or any related matter. WHEREFORE, Petitioner respectfully requests this Honorable Court grant Petitioner's Motion to Amend Caption in the above captioned action to provide Petitioner's registered corporation name as follows: Carlisle Cement Products Company, Plaintiff VS. Middle Atlantic Restoration, Inc., Defendant Date: j 2--'7- - IT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5470 : CIVIL ACTION Respectfully submitted, SALZMANN HUGHES, P.C. By: Melis squire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the day of December 2008, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 Salzmann Hughes, P.C. Melissa K. D squire ,.- ?' i ? f "'1 ? r" r.: "7 C.Y.Y "j'? ' ' ?? ' 9 i +: a -W) C.i? ' :,{ '. _? _' f.? ' S ? ?.P Yy ?? .? ^"?a NOV 2 6 2009 ? IN THE COURT OF COMMON PLEAS OF Middle Atlantic Restoration, Inc. CIVIL ACTION Defendant/Respondent ORDER OF COURT AND NOW this J V day of 2008, Petitioner's Motion to Amend the caption in Civil Action 08-5470 to correct the Plaintiff's identification is granted. IT IS HEREBY ORDERED that the caption in the above captioned action is amended as follows: IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products Company, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 08-5470 Middle Atlantic Restoration, Inc., CIVIL ACTION Defendant Carlisle Cement Products, Inc., : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiff/Petitioner vs. No. 08-5470 BY THE COURT, CC) ?y Y t°1. ?a iV .111 t ? ? `' 4 Carlisle Cement Products Company, Plaintiff VS. Middle Atlantic Restoration, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 08-5470 : CIVIL ACTION NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street Harrisburg, PA 17108-0186 (800) 692-7375 Carlisle Cement Products Company, vs. Plaintiff Middle Atlantic Restoration, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 : CIVIL ACTION AMENDED COMPLAINT AND NOW, comes the Plaintiff, Carlisle Cement Products Company by and through its counsel, Melissa K. Dively, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Complaint: 1. Plaintiff is Carlisle Cement Products Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address of 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Plaintiff') 2. Defendant is Middle Atlantic Restoration, Inc. with its registered office located at 3 South 40th Street, Camp Hill, Pennsylvania, (hereinafter referred to as "Defendant"). 3. Plaintiff operates a business which supplies cement and masonry related products to retailers, contractors, and consumers. 4. Defendant requested that Plaintiff extend credit to Defendant to accommodate the Defendant's purchase for Plaintiffs products. A copy of the credit application submitted by Defendant is attached hereto and incorporated herein as Exhibit "A".) 5. Plaintiff granted Defendant's request for credit and established a credit account for Defendant. 6. From approximately June 2007 to approximately July 2008, Defendant requested that Plaintiff supply the Defendant with products, the cost of which was billed to Defendant's credit account. 7. The products were delivered in the quantities and for the prices set forth on invoices provided to the Defendant. (A copy of an invoice provided to the Defendant is attached hereto and incorporated herein as Exhibit "B") 8. Said invoices were provided to Defendant upon delivery of products and a summary of the charges were included in a billing statement. 9. Defendant received and continues to receive monthly billing statements reflecting the invoiced amounts. (A copy of one of Defendant's monthly billing statement reflecting the overdue balance is attached hereto as Exhibit "C" and incorporated herein by reference.) 10. The prices that Plaintiff charged Defendant for its products are fair, reasonable market prices and they are the prices which Defendant agreed to pay. 11. The balance due and owing on the account of the Defendant as reflected in Exhibit "B" is the sum of Thirty Six Thousand, Nine Hundred Ninety One Dollars and Thirty Nine Cents ($36,991.39). 12. Although demand has been made, Defendant has failed to make payment of the amount due and owing. 13. Defendant has at no time disputed the amount due or made a claim to Plaintiff that the products that the Plaintiff provided were in any way unacceptable. WHEREFORE, Plaintiff demands judgment in its favor and against Defendants in the amount of Thirty Six Thousand, Nine Hundred Ninety One Dollars and Thirty Nine Cents ($36,991.39) plus interest, attorney fees, as allowed by law and costs of this action which amount is within the limits of the amount required for submission to arbitration pursuant to local court rules. Respectfully submitted, Date: , l cQ I Oct SALZMANN HUGHES, P.C. By: Melissa e y, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff VERIFICATION I verify that all the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief and that any false statements made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1 Z 3? O1? By: 11,4W, //L? Its: I vesrd?a CERTIFICATE OF SERVICE I hereby certify that on the day of January 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 gaol 2oa? vin pt INS` Coll FAX 11104/2402 21; 56 Ch ?1J/4p1N? ?'? ' pup A" OhNo all 040 a&$ 1 Y yy? onto .. - Kba ULOU080 "Sole r I 'L'am um?tw 0*009 arle A000 J' ?Si ,;`:" 2* rap* ?44 cg t IL .a' Tax VVP :;Woo, t 4&0 tit of too '= ? Ica ' ts tsc°p° Y z Owl 09000 %bat vats s??t? A- - Carlisle Cement Products, Inc. PO Box 617 Carlisle, PA 17013-0617 <,,r< 717-243-5323 Bill To: MIDDLE ATLANTIC RESTORATION SIGNATURE AND PO REQUIRED P.O. BOX 693 CAMP HILL, PA 17011 717-737-3293 Reference: Comment: KUTZTOWN UNI TH0350010 SIKAFLEX COLONIAL WHITE CCP1 MISC Ship To: Invoice Transaction #: 67767 Account #: 1007 Page: 2 of 3 Date: 7/2812008 Time: 11:47:00 AM Cashier: LOU Register M 2 MIDDLE ATLANTIC RESTORATION SIGNATURE AND PO REQUIRED P.O. BOX 693 CAMP HILL, PA 17011 717-737-3293 24 1 Pay by the 10th and save $0.10 Thank you for shopping Carlisle Cement Products, Inc. Please come a inl $5.00 $120.00 $3.00 $3.00 Sales Tax $0.48 Total $8.48 Store Account $8.48 Change Due $0.00 I ;G Carlisle Cement Products, In PO Box 617 Carlisle, PA 1701'3-0617 717-243-5323 MIDDLE ATLANTIC RESTORATION SIGNATURE AND PO REQUIRED P.O. BOX 693 CAMP HILL, PA 17011 Please detach and enclose top portion with payment. . ........................................... ............ ................. Account Summ Account Number. Name: Account Act! 1007 MIDDLE ATLANTIC RESTORA SIGNATURE AND PO REQUI P.O. BOX 693 CAMP HILL, PA 17011 rrLarGWO r New Charge -- Transaction #67787 7/31/2008 New Charge - Transaction #67977 8/25/2008 Finance Charge -- Finance Charge #41086 $84.80 $7.95 8/25/2008 Net 30 $36,407.96 $583.43 $0.00 $36,991.39 Closing Date: Due Date: Account Statement Account Number: 1007 Due Date: Net 30 Balance: $36,991.39 Nlnimum Payment: $0.00 Amount Enclosed: Previous Balance: New Charges: Credits / Payments: New Balance: Account Number. 1007 Page 1 of 1 i ? N ? C --- ? •--! " a ? h3 ? C ? `? 3 9 :? -'t > .y _ ? ..? ,?,.} I. Carlisle Cement Products Company, Plaintiff VS. Middle Atlantic Restoration, Inc. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5470 CIVIL ACTION TO: Dennis J. Shatto, Esq. C/o Middle Atlantic Restoration 3 South 40th Street Camp Hill, PA 17013 DATE OF NOTICE: O -?/-0? NOTICE OF PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT FOR FAILURE TO PLEAD YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. Pennsylvania Laywer Referral Service 100 South Street Harrisburg, PA 17108-1086 (800) 692-7375 Respectfully submitted, SALZMANN HUGHES, P.C. By: y, Esquire Attorney ID# 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on the VII day of February 2009, I served a true and correct copy of the foregoing document via United States mail, first class mail, postage prepaid, and addressed as follows: Dennis Shatto, Esquire Cleckner & Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17101-1694 Salzmann Hughes, P.C. By: _cl--nk-L /11" Melissa K. Dively, squire °r? rT7 1 J Dennis J. Shatto, Esquire CLECKNER AND FEAREN 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 dennisshatto@hotmail.com Attorney for Defendant CARLISLE CEMENT PRODUCTS COMPANY, Plaintiff VS. MIDDLE ATLANTIC RESTORATION, INC., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5470 CIVIL ACTION ANSWER TO AMENDED COMPLAINT 1. Admitted. 2. It is admitted that Middle Atlantic Restoration, Inc., is a Pennsylvania corporation having a registered office at 3 South 40th Street, Camp Hill, Pennsylvania. 3. Admitted. 4. Admitted. 5. Denied. Defendant did not receive notice that the credit application was accepted. Moreover, the application contains no terms for any credit account. 6. Admitted in part and denied in part. It is admitted that at various times, Defendant ordered products from Plaintiff, for which Defendant was issued an invoice. To the extent inconsistent herewith, the averments of paragraph 6 are denied. 7. Admitted. 8. Admitted in part and denied in part. It is admitted that invoices were provided to Defendant upon or shortly after delivery of products. On occasions, Defendant received an account statement. To the extent inconsistent with this answer, the averments of paragraph 8 are denied. 9. Admitted in part and denied in part. It is admitted that Defendant has received account statements from Plaintiff reflecting unpaid invoices. It is admitted that a sample of such an account statement is attached to the Amended Complaint and labeled Exhibit C. It is denied, however, that Exhibit C accurately reflects the overdue balance. 10. Admitted. 11. Denied. It is denied that the balance due and owing as reflected in Exhibit B is $36,991.39. Exhibit B is an invoice for a total of $8.48. It is denied that the Defendant owes Plaintiff the sum of $36,991.39. 12. Admitted in part and denied in part. It is admitted that Plaintiff has demanded payment. It is also admitted that Defendant has not made payment of the amount claimed by Plaintiff to be due and owing. 13. It is admitted that Defendant has not disputed charges reflected on invoices and that Defendant has not claimed that products were in any way unacceptable. 2 WHEREFORE, Defendant demands judgment in its favor and against Plaintiff . Respectfully submitted, CLECKNER AND FEAREN By. "ej Dennis J. Shatto, Esquire PA Attorney ID #25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorney for Defendant 3 VERIFICATION I verify that the statements made in the foregoing document 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. Section 4904, relating to unsworn falsification to authorities. This verification is made by counsel because of the temporary unavailability of the Answering Defendant. CLECKNER AND FEAREN By l/ v Dennis J. Shatto, Esquire PA Attorney ID #25675 119 Locust Street P. 0. Box 11847 Harrisburg, PA 17108-1847 717-238-1731 Date: ??440/1 1 , 2009 4 CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that I served a true and correct copy of the foregoing document upon the person (s) indicated below, by depositing same in the United States mail, postage prepaid at Harrisburg, Dauphin County, Pennsylvania, this 1 day of March, 2009. Melissa K. Dively, Esquire SALZZMANN HUGHES, P.C. 79 St. Paul Drive Chambersburg, PA 17201 CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID #25675 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 5 p. ..". S ?:_. :`.; ;1 `. ??T t Carlisle Cement Products Company, Plaintiff vs. Middle Atlantic Restoration, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 CIVIL ACTION Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Melissa K. Dively, Esquire, counsel for the plaintiffs in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $36,991.39. Defendant did not file a counterclaim in the action. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Melissa K. Dively, Esquire & Dennis J. Shatto, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted SALZMANN HUGHES, P By: Me issa K ive , Esquire Attor I.D o. 36780 79 Drive Date: Chambersburg, PA 17201 (717) 263-2121 ORDER OF COURT AND NOW, , 2009, in consideration of the foregoing petition, , Esq., , Esq., and , Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, P.J. CERTIFICATE OF SERVICE I hereby certify that on the day of A " - 2009, I served a true and correct copy of the above Petition for Appointment of Arbitrators is fist class mail, postage pre- paid and addressed as follows: Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 Date: By: SALZMANN HUGHES, P.C. MelissAIC.-Dively, Esquire Attorney I.D. No. 36780 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 2 0 0 9 i!U L 28 A'r *1 9.28 U4.00 P 0 f'artTf ON('* 173'7(0 ex*" aaast o I ?; ._* Carlisle Cement Products Company, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. Middle Atlantic Restoration, Inc., No. 08-5470 CIVIL ACTION Defendant PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Melissa K. Dively, Esquire, counsel for the plaintiffs in the above action (or actions), respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the plaintiff in the action is $36,991.39. Defendant did not file a counterclaim in the action. The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Melissa K. Dively, Esquire & Dennis J. Shatto, Esquire. WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully Submitted By: Date: SALZMANN HUGHES, P Melissa ive , rsquu Att Pi'D, .o. 36780 79 or? Drive Chambersburg, PA 17201 (717) 263-2121 ORDER OF COURT Q ND NO q4 1A, 36 , 20 9, in consid ration of the foregoing petition, 6? / f Esq., Esq., and G(), ILQVfn ,Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By e P.. ? G? `- t w i OF THEE FPf-,,i"i_';r ; TARY 2009 JUL 3U PH, 12: 23 7 J7o f - ?a 4 .nom,C? A ?, t17M 14+k, Plaintiff Ana . Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 1004 -? 5?fm Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. Signature Signature Signature ?1??u?Ann 'S?•?c??S Name (Chairman) Law Firm `?0) 0; k 4 Name Law Firm Name Law Firm Address Address Address City, Zip City, ip City, ip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages fpr delay are award(kd, PRay shall llc\separately stage( Arbitra'?pr, dissents. (Insert name if applicable.) Date of Hearing: Date of Award: QjnC n9 Notice of Entry of Award Now, the ?-day of , 20o, at A &M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 2,56. o/') By: Prothonotary Deputy 2aL9 ???d 19 ?E? ??R3?+ ts? a. 1611-9109 - ?O 6 p,S ,mot `?+ l C m . . ?br- Y ~" ~ i'-~ J ~''C !1 ~ ~ I1 I't R ~ ,..,#,~E .,-c~a r,+ _„v „~~! ~~~t~ITY h,~.~: CARLISLE CEMENT PRODUCTS IN THE COURT OF COMMON PLI/~'S~b~L s' ~~ 3'4 ! COMPANY :CUMBERLAND COUNTY, Plaintiff :PENNSYLVANIA vs. No. 08-5470 MIDDLE ATLANTIC RESTORATION, INC. :CIVIL ACTION Defendant ENTRY OF APPEARANCE AND PRAECIPE TO ENTER JUDGMENT TO THE PROTHONOTARY: Please enter judgment against the Defendant, Middle Atlantic Restoration, Inc. for the arbitration award of $36,991.39 in the above-captioned matter. A copy of the Arbitrators' Award is attached hereto. Date: September ~, 2010 Respectfully Submitted, By: Attorney ID No. 2~ 79 St. Paul Drive Chambersburg, PA 17201 (717)263-2121 ~I~f .oo Pp per'`/ ~~aa cos Q,* d~1Rr77 Salzmann Hughes, P.C. Goc~1.~- ~G..~,,~~-~•~. . Plaintiff . ~-- Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. ~, _-_,,~z~Q Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will dischazge the duties of our office with fidelity. . .~ ~, Signature Signature Signature ~.t-~.t~~n.~ ~.~yr~.~ Name (Chairman) Law Firm ~~c~~~t+n~~ Name ' C.SL, La Firm ~~~~ ~~E~ Law Firm Address Address Address ~~. ~ ~'1d~3 cn° '~'(~ ~ 1055 City, Zip City, ip City, .ip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following awazd: ~ (Note: I~„iaznages Apr delay are awarded, ~y shall l~sepazately staged.) ~ dissents. Date of Hearing: ~ ~ Date of Award: QCt: ~e ~ `~09 Notice of Entry of Award ~. if applicable.) Now, the ~~~tday of ~!~-~,~ , 20U~ , at S'3 y , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ .35~. alb By: Prothonotary Deputy CARLISLE CEMENT PRODUCTS COMPANY Plaintiff vs. MIDDLE ATLANTIC RESTORATION, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 CIVIL ACTION AFFIDAVIT OF NO APPEAL COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN . SS: Samuel E. Wiser, Jr., Esquire, the undersigned, being duly sworn according to law, deposes and says that the Defendant, Middle Atlantic Restoration, Inc. has not appealed the arbitrator's award entered against it on October 19, 2009. S el W. Wiser, J uire Attorney ID No. 2 79 St. Paul Drive Chambersburg, PA 17201 (717) 263-2121 Sworn to and subscribed to Before me this ~fday of September 2010. Pu is ~o-h+ of ~wrs~.wwa Nof~riel Seel ~~ q~erribe~bup Boro. F1ant~n (7ourdy My CoRrryastat E~iriss DeC.19, 2011 Permaylvenia Associ~tlon d Molarles CERTIFICATE OF SERVICE I hereby certify that on the day of October 2010, I served a true and correct copy of the above Praecipe to Enter Judgment via fist class mail, postage pre-paid and addressed as follows: Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 By: SALZMANN HUGHES, P.C. E. Wise~!Jr Attorney I.D. I~QQ.203665 79 St. Paul Drive Chambersburg, PA 17201 (717)263-2121 CARLISLE CEMENT PRODUCTS COMPANY Plaintiff vs. MIDDLE ATLANTIC RESTORATION, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 CIVIL ACTION NOTICE OF FILING JUDGMENT TO: Middle Atlantic Restoration, Inc. You are hereby notified that on ~~ 5 , 2010, the following judgment has been entered against you in the above-captioned case. $36,991.39 plus interest and costs Date: ~ Pro onotary I hereby certify that the names and addresses of he proper person to re eive this noti e e as follows: Defendant: Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 Attorney for Defendant Middle Atlantic Restoration, Inc. Creditor/Plaintiff: Samuel E. Wiser, Jr., Esquire Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 Attorney for Plaintiff Carlisle Cement Products Company I hereby certify that the precise address as to Plaintiff and D endant's attorneys are correct as set forth above. uel E. Wiser, ., quire Counsel for Plaintiff `.~ ~ ~ ~_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENI'~~.V~NI~ -,• CIVIL DIVISION . , _, _.~ --;4, ~..~ PRAECIPE FOR WRIT OF EXECUTION {tl~ ~~ ~ - ~" ' c~ .___ C? _.:_._ CARLISLE CEMENT PRODUCTS Confessed Judgment _..-- --j ~x COMPANY X Other ~= --- =~° Plaintiff - ~ `~" v. File No. Amount Due Interest 08-5470 $36,991.39 MIDDLE ATLANTIC RESTORATION, INC. Atty's Comm Defendant TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described pro~erty of the defendant(s): Any and all personal property located at 3 South 40t Street, Camp Hill, Cumberland County, Pennsylvania, 17011. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) N/A and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). X Index this writ against the defendant, Middle Atlantic Restoration, Inc. Date `~ ~ /C7 ~a~. oo Po A'T'r/ ~a.sq ct~ `18.50 ~~ ~~ a~.oo ~ oo ~~ a.so •• ~ 185.59 - Po A-r'N GHE~.C. E. Wi,~ J~/, Esquire Attorney I~65 79 St. Paul rive Chambersburg, PA 17201 (717) 263-2121 Counsel for Plaintiff ~a.oo ~ . ~ u. c~ a14o5' R,~ ay4i~~ ~~~~~~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5470 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS COMPANY, Plaintiff (s) From MIDDLE ATLANTIC RESTORATION, INC., 3 South 40`h Street, Camp Hill, PA 17011 (1} You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $36,991.39 Interest L.L.$.50 Atty's Comm Atty Paid $185.59 Plaintiff Paid Date: 10/5/10 (Seal) REQUESTING PARTY: Name SAMUEL E. WISER, JR. ,ESQUIRE Address: SALZMANN HUGHES, P.C. 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Due Prothy $2.00 Other Costs ~[1.vid ~ ~)~1~~ David D Buell, Proth By• . Deputy Supreme Court ID No. 203665 IN THE COURT OF COMMON PLEAS OF Carlisle Cement Products Company, :CUMBERLAND COUNTY, PENNSYLVANIA Petitioner v. : No. 08-5470 ~ ~ ° ~ Middle Atlantic Restoration, Inc. :CIVIL ACTION rte' ~'' ~ ~- Respondent i-, ~ r ~ ~ -< ~' ~ ~ ~ ~' c> ~- -T, ~-, ~~~ o -~ ~ n PETITION FOR SUPPLEMENTAL RELIEF IN AID OF EXECUTI ~ c~ ~ b --~ ,~ ~ AND NOW, comes the Petitioner, Cazlisle Cement Products Company, by and through its counsel, Susann B. Morrison, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Petition for Supplemental Relief in Aid of Execution: 1. Petitioner, Cazlisle Cement Products Company, is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a business address of 510 East North Street, Carlisle, Pennsylvania (hereinafter referred to as "Petitioner"). 2. Respondent is Middle Atlantic Restoration, Inc., is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its registered office located at 3 South 40th Street, Camp Hill, Pennsylvania, (hereinafter referred to as "Respondent"). 3. Petitioner obtained an Arbitrators Awazd on October 6, 2009 against Respondent in the amount of $36,991.39, a copy of which is attached hereto and incorporated herein as Exhibit A. 4. The Arbitrators Awazd was not appealed and the judgment was entered against Respondent for the azbitration awazd amount of $36,991.39 on or about October 5, 2010. See the Notice of Filing Judgment attached hereto and incorporated herein as Exhibit B. 5. A Writ of Execution was thereafter issued by the Office of the Cumberland County Prothonotary on October 5, 2010. See the Writ of Execution attached hereto and incorporated herein as Exhibit C. 6. On October 18, 2010, a Deputy Sheriff from the Office of the Cumberland County Sheriff attempted to levy on Respondent's property located at 3 S. 40~' Street, Camp Hill, Pennsylvania, in accordance with the Writ of Execution, however, Respondent refused to permit access to the premises as detailed on the Sheriff's Return of Service, attached hereto and incorporated herein by this reference as Exhibit D. 7. Respondent's refusal to permit the Deputy Sheriff to have access to levy on Respondent's property was a willful and deliberate obstruction of the lawful service of the Writ of Execution. 8. This Honorable Court has the authority to enter an order against Respondent granting the relief necessary to aid the execution and enforcement of Petitioner's judgment pursuant to Pa.R.C.P. §3118. 9. It is estimated that Petitioner's counsel will spend approximately 4 hours preparing, filing and attending to this Motion. Counsel's customary hourly rate is $250.00. WHEREFORE, Petitioner respectfully requests that this Honorable Court order the following: 1. that Respondent be required to permit the Sheriff access to Respondent's property to execute the Writ of Execution and levy upon the property therein; 2. that Respondent be directed to disclose to the Sheriff the whereabouts of Respondent's property; 3. that property that has been removed or concealed for the purpose of avoiding execution shall be delivered to the Sheriff or made available for execution; 4. that Respondent be ordered to pay Petitioner's attorneys fees and costs related to this Motion; and 5. such other relief as may be deemed necessary and appropriate. Respectfully submitted, SALZMANN HUGHES, P.C. Date: b D BY~ u~""' ~ James D. H es, E quire Supreme Court ID 58884 Susann B. Morrison, Esquire Supreme Court ID 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Counsel for Petitioner VERIFICATION The foregoing document is based upon information that has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. CARLISLE CEMENT PRODUCTS COMPANY Date: Iv 27 w- gy; /~~ ~~~ Carlisle Cement Products Company, Petitioner v. Middle Atlantic Restoration, Inc. Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 CIVII, ACTION CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this o~~~ day of 2010, a copy of Petitioner's Motion for Supplemental Relief in Aid of Execution was served by First Class Mail upon counsel of record for Respondent as follows: Dennis J. Shatto, Esquire Cleclcner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108 c usann B. orrison Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Petitioner Plaintiff t1n~+~R.~~. ~~~ ~ Ana . Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No.~-~j~Q Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office ` w_it'h~ fidelity.('~ /,,J Signature Signature Signature ~1~ ~uiAn~ ~ '~. -'~r.~tAS Name (Chairman) Law Firm Name CA,, La Firm S~a,~~. ~1 !~ Law Firm Address Address Address ~_;~~ QA ~'~13 ~ a7o ~ 1 ~5S city, zip city, ip city, 'p Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following awar~ ~ ~ (Note: I~damages ~r delay are awardy shall t~separately s~.)~ ~ ~_. -. . Arbitra ,dissents. (Insert if applicable.} Date of Hearing: ~e ~ Date of Award: QC"`: ~ ~ `.1~~D9 Notice of Entry of Award ,;; «~ Now, the ~~.day of 20U~ , at 8' 3 ~ , ~.M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35d. Dl). By: Prothonotary Deputy EXHIBIT "A" CARLISLE CEMENT PRODUCTS COMPANY Plaintiff vs. MIDDLE ATLANTIC RESTORATION, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 CIVIL ACTION NOTICE OF FILING JUDGMENT TO: Middle Atlantic Restoration, Inc. You ate hereby notified that on 4d- 5 , 2010, the following judgment has been entered against you in the above-captioned case. $3b,991.39 plus interest and costs Date: Pro onotary~ I hereby certify that the names and addresses of a proper person to eive this noti as follows: Defendant: Dennis J. Shatto, Esquire 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108-1847 Attorney for Defendant Middle Atlantic Restoration, Inc. Creditor/Plaintiff: Samuel E. Wiser, Jr., Esquire Salzmann Hughes, P.C. 79 St. Paul Drive Chambersburg, PA 17201 Attorney for Plaintiff Carlisle Cement Products Company I hereby certify that the precise address as to Plaintiff and D dent's attorneys are correct as set forth above. uel E. Wiser, uire Counsel for Plaintiff EXHIBIT "B" n c o -°*~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENfI~.V~NI~-n CIVIL DIVISION ~=~=; `_ ; ~r PRAECIPE FOR WRIT OF EXECUTION v s ~ <"r;' -~ ~, 0 c.^~ ..: , o -F ~ ~ 's R_ . ~ ~~ = y ~ • 1 f ° CARLISLE CEMENT PRODUCTS _ Confessed Judgment = ~ COMPANY X Other v --~- ~ - ~' Plaintiff ~: uT ~ -< v. File No. 08-5470 Amount Due $36.991.39 Interest $ MIDDLE ATLANTIC RESTORATION, INC. Atty's Comm $ Defendant TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described pro~erty of the defendant(s): Anv and all personal property located at 3 South 40 Street. Camp Hill. Cumberland County. Pennsylvania. 17011. PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) N/A and all other property of the defendants} in the possession, custody or control of the said garnishee(s). X Index this writ against the defendant, Middle Atlantic Restoration, Inc. Date ~ l,~ /D ~~a.sq e~= A~17'Y 78.E ~~ ~.~ a.so ~ 185.59 - P~ a ~.oo AueC~o •So tl e* aKioS 2's ail ~~~ I~r~toQ~d $amtlel E. Wi , J , Esqu Attorney 2 65 79 St. Paul 've Chambersburg, PA 17201 (717)263-2121 Counsel for Plaintiff '.C. EXHIBIT "C" WRIT OF EXECUTION and/or ATTACHMENT CO1~11~IONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5470 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS COMPANY, Plaintiff (s) From MIDDLE ATLANTIC RESTORATION, INC., 3 South 40a' Street, Camp Hill, PA 17011 (1) You are directed to Levy upon the property of the defendant (s)and to sell any and all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying aay debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due 536,991.39 Interest L.L.5.50 Atty's Comm Atty Paid 5185.59 Plaintiff Paid Date: 10/5/10 (Seal) . REQUESTING PARTY: Name SAMUEL E. WISER, JR. ,ESQUIRE Address: SALZMANN HUGHES, P.C. 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Due Prothy 52.00 Other Costs David D Buefl, Proth BY' Deputy Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 203665 Oc t. 21. 2010 4:17 PM No. 3443 P. 2/3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sherr(f Jody s smith Chief Deputy Richard W ~Ster~art Solicitor ~p~p~p of ~~rrr~bry~d ~~~:vti OK F iCE OF TttE $E~ERIFF Carlisle Cement Products Company vs. Case Number Middle Atlantic Restoration, Inc. 200$-5470 SHERIFF'S RETURN OF SERVICE 10!18/2010 02:34 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 1$, 2010 at 1350 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Middle Atlantic Restoration, lnc., by making known unto John Lane, Adult In Charge, at 3 S 40th Street, Camp Hill, Cumberland County, Pennsylvania 17011, its Contents and 8t the same time handing to him personally the said true and corcect copy of the same. Upon serving the writ of execution, a levy was not completed; John Lane refused to allow a levy on the advice of his attorney, Dennis Shatto. Copy of writ mailed to defendant 10-21-10 Notified plaintiffs attorney of refusal. October 2l, 2010 SO ANSWERS, RON R ANDER~HERIFF fr., C9unlySuik: $~?ntl. Telep.pft fM EXHIBIT "D" ,. .,, ~. Carlisle Cement Products Company, Petitioner v. Middle Atlantic Restoration, Inc. Respondent ocr z s zoo ~./ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5470 CIVIL ACTION ORDER AND NOW, this ~ day of ~p~~o,~~ , 2010, upon consideration of the within Petition for Supplemental Relief in Aid of Execution, it is hereby ordered that: 1. A rule is issued upon Respondent to show cause why the Petitioner is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within twenty (20) days of service upon the Respondent; 3. The Petition shall be decided under Pa.R.C.P. 206.7. 4. An evidentiary hearing on disputed facts, if necessary, and argument, shall be held on ~~~~y~y~~~l~ col D at !D %4a 4 ~j in Courtroom ~ of the Cumberland County Courthouse. BY THE COURT, ~~ J. t ~s ma,i, R~~ ~ . S'1,,~-~ i~~a~w ~~ c ~; ~ r ~ ~ n ~- - -.a ~= ^ rn ,- z~ sQ _ ~~ -i ~- 3 ~ --< -~ CARLISLE CEMENT PRODUCT COMPANY, Petitioner VS. MIDDLE ATLANTIC RESTORATION, INC., Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5470 CIVIL ACTION ANSWER TO PETITION FOR SUPPLEMENTAL RELIEF IN AID OF EXECUTION 1. Admitted. C-') r'3 o c a 2. Admitted. MW x =-n r -urn 3. Admitted. ?A ?° r- --4CD 4. Admitted. ?p C-) A 3 =-n X- 'P d, rn 5. Admitted. -°? 6. Admitted in part and denied in part. It is admitted that on October 18, 2010, a deputy sheriff went to 3 South 401h Street, Camp Hill, Pennsylvania, to serve the Writ of Execution upon Respondent and to levy upon any property owned by Respondent at that location. The implication that there was personal property of Respondent at 3 South 40`h Street, Camp Hill, Pennsylvania, is denied. It is denied that Respondent refused to permit access to the premises as detailed on the Sheriff's Return of Service. Respondent is a Pennsylvania corporation which filed with the Pennsylvania Department of Revenue an Out-of-Existence/Withdrawal Affidavit in or about May of 2009, a copy of which is attached hereto, made a part hereof, and labeled Exhibit "A". Respondent has not operated since March 31, 2009, and has no tangible personal property at 3 South 40th Street or any other location. Access to portions of the building other than the reception area was denied by John W. Lane, Vice President of Cumberland Services, Inc., a Pennsylvania corporation which has been in possession of the property at 3 South 40th Street and has operated its business therein and therefrom for more than 25 years. The real estate at 3 South 40th Street is titled in Richard A. Lane and Barbara S. Lane, Trustees under the Richard A. Lane Living Trust, and leased to Cumberland Services, Inc., which is in exclusive possession thereof. Neither the Trustees nor Cumberland Services, Inc., is a party to this action. The Sheriff's Return of Service, attached to the Petition as Exhibit "D", is inaccurate to the extent that it provides that John Lane refused to allow a levy. There is no property of Respondent at 3 South 40th Street, and therefore nothing upon which the Sheriff could levy. Counsel for Respondent had provided the Sheriff's Office with a letter dated June 30, 2009, advising that no assets of Respondent were located at 3 South 40' Street. A copy of said letter is attached hereto, made a part hereof, and labeled Exhibit "B". The Petitioner, through its counsel, was aware that Respondent had filed the Out-of-Existence/Withdrawal Affidavit, and had filed federal income tax returns indicating ownership of no tangible personal property, and copies of those documents were provided to Petitioner's counsel in response to a Request for Production of Documents. Neither the Sheriff's Office nor Petitioner had any reason to believe that there was any personal property belonging to Respondent at 3 South 40th Street, Camp Hill, Pennsylvania. Notwithstanding, and without any basis to determine that Respondent owned anything located there, the Deputy Sheriff advised counsel for Respondent, by telephone while present at 3 South 40th Street, that if provided access, he intended to levy upon any personal property in the building. -2- 7. Denied. It is denied that Respondent refused to permit the Deputy Sheriff to have access to levy on Respondent's property. Respondent is a corporate entity which has not been in business since March 31, 2009. It does not have possession or control of the property at 3 South 40`h Street, Camp Hill, Pennsylvania, and has no right to grant access. 8. The statement of paragraph 8 is in the nature of a conclusion of law to which no response to required. 9. After reasonable investigation, Respondent is without knowledge or information sufficient to form a belief as to the truth of said averments, and proof thereof, if relevant, is demanded. WHEREFORE, Respondent respectfully requests that Your Honorable Court deny the relief requested in the Petition. Date: 4 Ad /I Respectfully submitted, CLECKNER AND FEAREN By Dennis J. Shatto, Esquire PA Attorney ID 25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Attorneys for Respondent, Middle Atlantic Restoration, Inc. -3- a%evasaa Cm pg.") E 3 $ BOU 110416 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU OF C' MPUANC.E OUT O RKWI; IOMEAGER SEi.IVN Pry sax 9eos47 OUT OF EXI?rTIrP1Cl~IWITMbRAWAL HAA'Rit3BUl"tG, PA 17128-0947 APPIDAVIT TELEPHONE NUMBER (717) M-6052 TTW (WO) 4474M (&M a for Taxp era a'F>wtt a7FtTYPFt?tfl0r9AtAiM7N wNh BpatW Hata hV andhr Spo lft Needs yj , . DEPARTMENT USE ONLY BOX HUMBER TAX TYPE ----. K-- THIS MRM WILL NOT BE PROCESSED IF NOT PROPERLY SIGNED AND NOTE: if Billie a anti Rcm vi aorjotfe repeat for the year 2>ti2 and forwwd, compk tai! ttte "corporate aftl is oars" section In the ACT -101 in Neu of fNbV this form. NOTE: The revolve side of this km must lae *=plow. Sectlon A peach to a PA corporMloo or a foreign corpwvtlan that operated wholly within Pearasylvanic Section 8 pertains to all other foreign aw0wotlomc. Data of Incorporation or 3 Certlf)rate of Authority Account ID/Corp. Box +Q -- - e15-9 7 of Incorporation Entity 10 (Eild) t, the 'Afflant,"was connected with the above corporation and have knowledge of Its affairs, Said corporation ceased to transact business in Pennsylvania on or about' MAU1 - 31 D6 + , Month Day Kean anal all assets were aptd, assigned or distributed on 1`1-11?f-[ bi --31 ?t g and ainoe that time, month Day year the corporation has not awned Any property located in Pennsylvania, nor maintained an office therein, nor has petformed any sales activity, and does not Intend to transact further business in the Commonwealth. ' ii corporation never transact" business or h6d assets in Pennsylvania;, please use the wards NEVER TRANSACTEA BUSINESS in place of a oesaaaltion date. The filing zat this Afilloavit doss not affelbi She status asf tits Certificate at lnoorporationiAuthorlty of this corporation but does permit the Department of Strate to relinquish the use Of the presa3nt name Of the corporation to another corporation, This affidevlt I* oaf to be filed by a PA corporation utiffatfng its FA Offarter is oonOVO business in ovather state. Out of state corporations eotlcitTnp business in Pennsylvania are subject 1p tax and phould file this document Sworn to wb6 gibed before r" Otte day of ---,.? freer O0 (Notary PWir, t'lts dd dusfim, or AuWartmd Awl, Deparmwit of Revenue) my commission aatplr" year-2 R/P Qom, C. ? ???? r a+naty sipnaattte and tioen NOTARIAL SEAL ARETTA O LANDIS-PERDIGAO Notary Public CAMP HILL BOROUGH, CUMBR AND COUNN My Commission Expires Apr 3, 2010 ?' q (Q LJ 1 /)?1 it ' "Naffs Oconee of Af flant) Teiaphono Namtber ..( / 7D 37o, PLEASE PRINT OR TYPE INFORUATION NO FILING FEE EXHIBIT 23600011016 m -+ z ZZ= n prm 3 O -i to N A ) m Ui (P Tr 'o M " " o -+ ? m s Z r" z • • i> Gov z wz ' 00 o n•i, ny 9 .ci o o g O r? T4 m ?S?=O c3 > o 0 Cj G u yrn Jot ? r- m m m a o ?, za N s 3? l rw r--1 m C) M -0 m 3 U) 'P 0 m ss o y a o? .. Cy m C) O m -+xt?q? 0z r N_ y O? 3 mO 9.A to -i o7 =? ??vr m In o z v D z z a 2 z L m y moi? M -. o m m z U, K OC7 crT ?? m? -44qv c'?s v C) m a z m a r oam°° ov no oo w z L v' j ,-r nom m e z? 0 rn N (f ?ZTT+ ?- c O m A K US O9 ° n? N z _ 3' N o 0 N LA ? ? 9 m '0 M .2 N o S O Z .? z? 0 N 9 0 0 C1 $m o Ci U) 00 m 0, C, p m ,n a Z ? 0 U) (n ' -z U) A ;A N9 y p o n = O p 4 9 x Z m m Z ,? Z r N a N .-,N .fl Q m v z° o ;, N m ago w O N 0 C) n G m m r O m OT o= v ) o°y°?m3. r? 'A ? NC -' o NmC) t) fv? c o rn-t ? G a 7J N z-0 m > ` ?A :10 :10 m 0a r P? Nz Z o o ^, o 0 m m N ? ? w 9 (P <? pig $ ;.4 0 n fl O O D tin 0m1 m -A" G "? S7 Y Z N° m y m Oo m A ? m ° o o m m '-A -{ rt r a o r p m E ° v `^ a q a h Z m m o . 'z O T _ m o o r i° a rr v O '{Y y ° ; 7pa O m -1 ^? to Z Z ='v m O o ?n i z v ie_ s_ N 9 { `? z rn g m R' v o N c m a -? cn u' o ? 2 m v Z m z c 00 Z O = D -? w wZ C T U3 Z ]S m S W y 3 n? row-4 7- 0 ' ° sjj m a O'A r m MU) ° m CJ p '33 o m m 0 -10 o , v "' o ° m ° v 03 7 2 ? E 2 ATTACH ENT TO REV-238 DISTRIBUTION OF ASSETS FOR FOR MIDDLE ATLANTIC RESTORATION INC There have been no distributions of assets to shareholders. The corporation may receive some funds currently held as retainage by other parties to previous contracts. Any such funds will be distributed to creditors having liens or priority claims. There will be no distributions to shareholders. CLECKNER AND FEAREN ATTORNEYS AT LAW 119 LOCUST STREET P.O. BOX 11847 HARRISBURG, PENNSYLVANIA 17108-1847 RICHARD W. CLECKNER TELEPHONE: (717) 238-1731 (1926 - 20041 FAX: (717) 238-8481 ROBERT D. HANSON DENNIS J. SHATTO (19 1 6 - 20061 ANN E. RHOADS RETIRED: June 30, 2009 WILLIAM FEAREN R. Thomas Kline, Sheriff Office of the Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Middle Atlantic Restoration, Inc. Dear Sheriff Kline: We represent the former owner and chief executive officer of the above-named corporation. The corpotat;i-on had experienced financial problems, and ceased operating on March 31, 2009. The corporation filed an appropriate Out-of-Existence Affidavit with the Pennsylvania Department of Revenue on June 2, 2009. The registered office of the corporation was 3 South 40th Street, Camp Hill, Pennsylvania 17011. Our client is aware that some creditors are attempting to obtain a judgment, and may attempt to execute on property at the registered office address. We are writing to advise that there are no assets belonging to Middle Atlantic Restoration, Inc., at 3 South 40th Street, Camp Hill, Pennsylvania. We are hopeful that this advance notice may eliminate or at least minimize unnecessary attempts to levy on property at that- address-If you have any questions, please feel free to contact me. very truly yours, CLECKNER AND FEAREN Dennis J. Shatto DJS:lnm EXHIBIT V E R I F I CAT I O N I, JOHN W. LANE, formerly an officer of Middle Atlantic Restoration, Inc., hereby verify that the statements made in the foregoing Answer are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: Vla CERTIFICATE OF SERVICE I, DENNIS J. SHATTO, hereby certify that on this day, I served a true and correct copy of the foregoing Answer to Petition for Supplemental Relief in Aid of Execution upon the person(s) indicated below, by depositing same in the United States mail, first class postage prepaid, addressed as follows: James D. Hughes, Esquire Susann B. Morrison, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (Counsel for Petitioner) Date: /VO ?• 8 kw CLECKNER AND FE N By _ / P" 4? Denms hatto, Esquire PA Attorney ID 25675 119 Locust Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717)238-1731 OF THE FILED-OFFICE Y 1010 NOY 23 pM 2: SO Carlisle Cement Products Company, Petitioner v. ON PLEAS OF C C : No. 08-5470 Middle Atlantic Restoration, Inc. Respondent : CIVIL ACTION MOTION FOR CONTINUANCE AND NOW, comes the Petitioner, Carlisle Cement Products Company, by and through its counsel, Susann B. Morrison, Esquire of the law firm of SALZMANN HUGHES, P.C., and respectfully represents as follows in support of this Motion for Continuance: 1. Petitioner, Carlisle Cement Products Company, filed a Petition for Supplemental Relief in Aid of Execution on October 28, 2010. 2. On November 3, 2010, Honorable Kevin A. Hess issued to Respondent, Middle Atlantic Restoration, Inc., a rule to show cause and scheduled a hearing on the matter for December 1, 2010. 3. Respondent filed its Answer to the Petition on or about November 23, 2010. 4. The responses made by Respondent in its Answer to the Petition require additional investigation prior to a hearing on the matter. 5. Petitioner intends to conduct discovery in aid of execution and requires additional time to do so. 6. Attorney Dennis J. Shatto, attorney for respondent, was contacted and concurs with this Motion for Continuance. WHEREFORE, Petitioner respectfully requests that this Honorable Court continue the hearing currently scheduled for December 1, 2010 pending discovery in aid of execution. Respectfully submitted, SALZMANN HUGHES, P.C. Date: it 1 Z 3 0 By: La??? James D. Hughes, E uire Supreme Court ID 58884 Susann B. Morrison, Esquire Supreme Court ID 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Counsel for Petitioner Carlisle Cement Products Company, Petitioner V. Middle Atlantic Restoration, Inc. Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0&5470 : CIVIL ACTION CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this DU day of 2010, a copy of Petitioner's Motion to Make Rule Absolute was served by First Class Mail upon counsel of record for Respondent as follows: Dennis J. Shatto, Esquire Cleckner and Fearen 119 Locust Street P.O. Box 11847 Harrisburg, PA 17108 Susann B. M rrison, Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Petitioner I NOV 2 4' `l;lt Carlisle Cement Products Company, Petitioner V. Middle Atlantic Restoration, Inc. Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 0&5470 CIVIL ACTION ORDER OF COURT AND NOW, this Z I day of A)or*-fie , 2010, upon consideration of the within Motion to Continue, said Motion is GRANTED. The hearing currently scheduled for December 1, 2010 is continued generally pending discovery in aid of execution and will be rescheduled upon request to the Court by either party to reschedule the hearing. (20 S! m.12. L La L7 N Q _ zm o M-n z-n MC) ^i N D' -'C N 7!7 `Y L . . T WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5470 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CARLISLE CEMENT PRODUCTS COMPANY, Plaintiff (s) From MIDDLE ATLANTIC RESTORATION, INC., 3 South 40`h Street, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $36,991.39 Interest L.L.$.50 Atty's Comm % Arty Paid $185.59 Plaintiff Paid Date: 10/5/10 (Seal) REQUESTING PARTY: Name SAMUEL E. WISER, JR., ESQUIRE Due Prothy $2.00 Other Costs Ovid &P-11 David . Buell, Pro hono r?-, By. Deputy Address: SALZMANN HUGHES, P.C. 79 ST. PAUL DRIVE CHAMBERSBURG, PA 17201 Attorney for: PLAINTIFF Telephone: 717-263-2121 Supreme Court ID No. 203665 TRUE CCW FROM RECORD M T.$*..W wm w* 1 hs» tnb so nV hoW MW towmatum at CWN@b. P& d@V d I "O20 M? h" V Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor n $???1" of ?aur+tr?/r?r ?. a QFP ? G ' ? ._-!;?- ?c r ? I D-O .E ! JAN I I pig 2; 5?j Carlisle Cement Products Company vs. Middle Atlantic Restoration, Inc. Case Number 2008-5470 SHERIFF'S RETURN OF SERVICE 10/18/2010 02:34 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on October 18, 2010 at 1350 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Middle Atlantic Restoration, Inc., by making known unto John Lane, Adult in Charge, at 3 S 40th Street, Camp Hill, Cumberland County, Pennsylvania 17011, its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was not completed; John Lane refused to allow a levy on the advice of his attorney, Dennis Shatto. Copy of writ mailed to defendant 10-21-10. Notified plaintiffs attorney of refusal. 01/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as EXPIRED. SHERIFF COST: $55.98 SO ANSWERS, January 11, 2011 RONINV RANDERSON, E FF D. S/ ron R. Lant amp .C eke' !57"° N S3 66 SHERIFF'S OFFICE OF CUMBERLAND COUNTY (11 COLT-Y511RO Snerff, I e eosori. WC