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HomeMy WebLinkAbout08-5501SEP-17-2008 10:42 From:1400LFORD LAW PC: 717 290 1196 To:7172406573 P.2/2 WOOLFORD LAW, P.C. By: Timothy J. Woulford, Esquire Attorney I.D. No. 78941 Ciara C. Young, Esquire Attorney I.U. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 SECCO, INC. 1111 Primrose Avenue Camp IIill, PA 17011, V. Plaintiff. DAVID EMORY t/d/b/a EMORY & CO. 3113 Yale Avenue Camp Hill, PA 17011 i]elendant_ Attnrn ys for Plaintiff, N C( O, [tic. IN THE COORT OF COMMON PLEAS OF CUMBERLAND COt J N' 1'Y, PENNSYLVANIA No. Q g ssvf ?t vt 1.7? JURY TRIAi, DEMANDED 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, entering a written appearance personally or by attorney and filing, and writing with the court your defenses or objections to the claims sct forth against you, You are warned that if you (ail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice (or faaiy 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 T14F, OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Redford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 I _ 7 COMPLAINT AND NOW, comes Plaintiff SECCO, Inc. ("Secco"), by and through its WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. No. 78941 Ciara C. Young, Esquire Attorney I.D. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 SECCO, INC. 1111 Primrose Avenue Camp Hill, PA 17011, Plaintiff, V. DAVID EMORY t/d/b/a EMORY & CO. 3113 Yale Avenue Camp Hill, PA 17011 Defendant. Attorneys for Plaintiff, SECCO, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED No. e)g -- S'Sr0 j C ! c? e L,? undersigned counsel, Woolford Law, P.C., who hereby files this Complaint against Defendant David Emory t/b/a Emory & Co. ("Emory"), and in support thereof, avers the following: Parties 1. Plaintiff Secco is a Pennsylvania corporation with its principal place of business located at 1111 Primrose Avenue, Camp Hill, Pennsylvania 17011. 2. Defendant Emory is an individual trading and doing business as Emory & Co. with an address of 3113 Yale Avenue, Camp Hill, Pennsylvania 17011. Facts 3. Emory is a general contractor doing business in central Pennsylvania. 4. Emory entered into a contract with Rockville Bed & Breakfast to perform renovations to its building located at 810 South Main Street, Marysville, Perry County, Pennsylvania (the "Project"). 5. On July 16, 2007, Secco entered into a contract with Emory for installation of plumbing for the water closets, lavatories and shower stalls at the Project in consideration of the Contract Sum of $30,335 ("Pluming Contract"). A true and correct copy of the Contract is attached hereto as Exhibit "A." 6. On August 13, 2007, Secco entered into a separate contract with Emory to provide and install a new air conditioning system and propane boilers at the Project in consideration of the Contract Sum of $109,775 ("HVAC Contract"). A true and correct copy of the Contract is attached hereto as Exhibit "B." 7. The Contract Sums were subject to change if additional work was required by Emory. 8. Emory requested Secco perform additional work. True and correct copies of the change orders reflecting additional work performed are attached hereto as Exhibit "r+ 7! 9. Secco completed all contract and change order work in a timely, good and workmanlike manner. 10. Despite repeated requests and demands, five invoices remain unpaid. The unpaid invoices are as follows: • Invoice No. 403807-5 dated December 17, 2007 in the amount of $21,625. • Invoice No. 403707-7 dated December 17, 2007 in the amount of $787. 2 i I • Invoice No. 403807-6 dated February 14, 2008 in the amount of $7,339. • Invoice No. 403707-9 dated February 14, 2008 in the amount of $5,359. • Invoice No. 403807-7 dated May 7, 2008 in the amount of $1,444. True and copies of the invoices are attached hereto as Exhibit "D." 11. The total amount due and owing pursuant to the Contracts is $36,554. 12. Payment of each invoice was due within thirty (30) days. 13. The invoices specifically provided that "[a] 2% per month service charge will be added to any invoice not paid in full by the due date" 14. At all material times, Secco provided labor, equipment and materials in accordance with the Contracts in a timely, good and workmanlike manner. 15. There is no basis to withhold payment. 16. Despite repeated demands by Secco, Emory has failed to pay for all of the labor and materials Secco supplied to the Project. 17. Inclusive of interest and penalties as provided for under the Contractor and Subcontractor Payment Act, Secco has suffered damages in excess of $44,729.42. COUNTI Breach of Plumbing Contract 18. Secco incorporates by reference Paragraphs 1 through 17 as if set forth fully herein. 19. A valid contract existed between Emory and Secco. 20. Pursuant to the terms of the Plumbing Contract, Emory had a duty to pay Secco all amounts due and owing Secco for the work it performed at the Project. 3 21. There is an outstanding balance of $27,771 due Secco under the Plumbing Contract and plumbing change orders. 22. Under the Plumbing Contract, the outstanding invoices accrued interest at the rate of two (2) percent of the amount due per month, an amount in excess of $4,336.18. 23. Despite repeated requests and demands, Emory has failed and refused to pay Secco the amounts due under the Plumbing Contract. 24. At all material times, Secco performed in accordance with the terms of the Plumbing Contract and provided labor, equipment and materials in a timely, good and workmanlike manner. 25. Emory materially breached the terms of the Plumbing Contract by failing and refusing to pay Secco. 26. Secco has been damaged in an amount in excess of $32,107.18 by virtue of Emory's failure to pay Secco for the plumbing labor, equipment and materials it provided to the Project pursuant to the Plumbing Contract. WHEREFORE, Plaintiff Secco, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against David Emory t/d/b/a Emory & Co. and award Secco damages in excess of $32,107.18, plus interest and penalties which continue to accrue, attorneys' fees, cost of suit and any further relief which the Court deems just, proper and equitable. COUNT II Breach of HVAC Contract 27. Secco incorporates by reference Paragraphs 1 through 26 as if set forth fully herein. 4 28. A valid contract existed between Emory and Secco. 29. Pursuant to the terms of the HVAC Contract, Emory had a duty to pay Secco all amounts due and owing Secco for the work it performed at the Project. 30. There is an outstanding balance of $8,783 due Secco under the HVAC Contract and HVAC change orders. 31. Under the Act and Contract, the outstanding invoices accrued interest at the rate of two (2) percent of the amount due per month, an amount in excess of $1,114.10. 32. Despite repeated requests and demands, Emory has failed and refused to pay Secco the amounts due under the HVAC Contract. 33. At all material times, Secco performed in accordance with the terms of the HVAC Contract and provided labor, equipment and materials in a timely, good and workmanlike manner. 34. Emory materially breached the terms of the HVAC Contract by failing and refusing to pay Secco. 35. Secco has been damaged in an amount in excess of $9,897.10 by virtue of Emory's failure to pay Secco for the HVAC labor, equipment and materials it provided to the Project pursuant to the HVAC Contract. WHEREFORE, Plaintiff Secco, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against David Emory t/d/b/a Emory & Co. and award Secco damages in excess of $9,897.1, plus interest and penalties which continue to accrue, attorneys' fees, cost of suit and any further relief which the Court deems just, proper and equitable. 5 COUNT III Uniust Enrichment/Quantum Meruit 36. Secco incorporates by reference Paragraphs 1 through 35 as if set forth fully herein. 37. Secco supplied labor, equipment and materials to the Project for Emory's benefit and fully expected compensation for such work. 38. All of the work discussed above was performed at the direction of Emory. 39. The amounts charged by Secco for its work on the Project were fair and reasonable. 40. Emory accepted and retained the benefits conferred upon it by Secco. 41. It would be inequitable for Emory to retain the benefits of Secco's work without payment of the value of the labor, equipment and materials provided by Secco. 42. If Emory does not compensate Secco for the work that it performed on the Project, Emory will be unjustly enriched by Secco's work. 43. Emory's retention of the benefit of the labor and materials supplied by Secco without compensating Secco would result in gross inequities. 44. Emory wrongfully received the benefit of the Secco's work by not paying Secco. 45. It would be unconscionable for Emory to retain the benefit of the labor, materials and equipment without paying for it. 46. Emory misled Secco to believe that it would be paid in full for the labor, materials and equipment it provided to the Project. 47. The reasonable value of the unpaid labor and materials is in excess of $36,554. 6 WHEREFORE, Plaintiff Secco, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against David Emory t/d/b/a Emory & Co. and award Secco damages in excess of $36,554, plus interest and penalties which continue to accrue, attorneys' fees, cost of suit and any further relief which the Court deems just, proper and equitable. COUNT IV Violation of the Contractor and Subcontractor Payment Act Against Calabrese (Plumbing Contract) 48. Secco incorporates by reference paragraphs 1 through 47 as if set forth fully herein. 49. The Contractor and Subcontractor Payment Act, 73 Pa.C.S.A. § 501, et seq. (the "Payment Act") is applicable to this Contract. 50. Under the Payment Act, Secco is entitled to payment for the work it performed. 51. Pursuant the Payment Act, Secco is entitled to recover interest at the contractual rate of two (2) percent per month and penalties at the rate of one (1) percent per month on all Plumbing Contract funds unlawfully withheld by Emory and attorney fees. 52. Emory is a "contractor" and Secco is a "subcontractor," as defined by the Act, 73 Pa.C.S.A. § 502. 53. Pursuant to the Payment Act, 73 Pa. C.S.A. §504, Secco is entitled to payment from the party with whom it contracted. 7 54. Pursuant to the Payment Act, Emory was required to pay Secco for the materials and labor supplied by Secco within fourteen (14) days of its receipt of Secco's invoices for payment. 55. Emory directed Secco's work and ordered or authorized improvements to be made. 56. Emory failed to timely pay Secco the full value of its invoices relating to the Project as required by the Payment Act. 57. Emory did not provide any written notice of any deficieincy items to Secco relating to its work and has no justification or excuse for failing to timely pay Secco. 58. Emory's failure and refusal to pay Secco for its materials and labor constitutes a breach of contract and a violation of the Payment Act. 59. Under the Act and Plumbing Contract, the outstanding invoices accrued interest at the rate of two (2) percent of the amount due per month, an amount in excess of $4,336.18. 60. Under the Act, the outstanding balance accrued an additional one (1) percent per month in penalties, an amount in excess of $2,168.09. 61. Interest ($555.42 per month) and penalties ($277.71 per month) continue to accrue in the amount of $833.13 per month. 62. Inclusive of interest and penalties under the Payment Act, Secco is entitled to an amount in excess of $34,275.27. WHEREFORE, Plaintiff Secco, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against David Emory t/d/b/a Emory & Co. and 8 award Secco damages in excess of $34,275.27, plus interest and penalties which continue to accrue, attorneys' fees, cost of suit and any further relief which the Court deems just, proper and equitable. COUNT V Violation of the Contractor and Subcontractor Payment Act Against Calabrese (HVAC Contract) 63. Secco incorporates by reference paragraphs 1 through 62 as if set forth fully herein. 64. The Contractor and Subcontractor Payment Act, 73 Pa.C.S.A. § 501, et seq. (the "Payment Act") is applicable to this Contract. 65. Under the Payment Act, Secco is entitled to payment for the work it performed. 66. Pursuant the Payment Act, Secco is entitled to recover interest at the contractual rate of two (2) percent per month and penalties at the rate of one (1) percent per month on all HVAC Contract funds unlawfully withheld by Emory and attorney fees. 67. Emory is a "contractor" and Secco is a "subcontractor," as defined by the Act, 73 Pa.C.S.A. § 502. 68. Pursuant to the Payment Act, 73 Pa. C.S.A. §504, Secco is entitled to payment from the party with whom it contracted. 69. Pursuant to the Payment Act, Emory was required to pay Secco for the materials and labor supplied by Secco within fourteen (14) days of its receipt of Secco's invoices for payment. 70. Emory directed Secco's work and ordered or authorized improvements to be made. 9 71. Emory failed to timely pay Secco the full value of its invoices relating to the Project as required by the Payment Act. 72. Emory did not provide any written notice of any deficieincy items to Secco relating to its work and has no justification or excuse for failing to timely pay Secco. 73. Emory's failure and refusal to pay Secco for its materials and labor constitutes a breach of contract and a violation of the Payment Act. 74. Under the Act and HVAC Contract, the outstanding invoices accreued interest at the rate of two (2) percent of the amount due per month, an amount in excess of $1,114.10. 75. Under the Act, the outstanding balance accrued an additional one (1) percent per month in penalties, an amount in excess of $557.05. 76. Interest ($175.66 per month) and penalties ($87.83 per month) continue to accrue in the amount of $263.49 per month. 77. Inclusive of interest and penalties under the Payment Act, Secco is entitled to an amount in excess of $10,454.15. WHEREFORE, Plaintiff Secco, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against David Emory t/d/b/a Emory & Co. and award Secco damages in excess of $10,554.15, plus interest and penalties which continue to accrue, attorneys' fees, cost of suit and any further relief which the Court deems just, proper and equitable. 10 Respectfully submitted, WOOLFORD LAW, P.C. By: Timothy J. Woolford Attorney I.D. No. 78941 Ciara C. Young Attorney I.D. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 (717) 290-1190 11 VERIFICATION I, Fran Gilbert, am authorized to make this Verification on behalf of SECCO, Inc. and I hereby 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 the statements in said document are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Fran Gil rt Date: q -- 16 "Q 12 Partner Perform Promote SECCCr" A Better Way 1111 Primrose Avenue Camp HM, PA 17011 Phone: 717 737 2142 Fax: T17-737.5235 DATE: 7/16/2007 TO: David Emory 810 South Main St. Marysville, Pa. Proposal (SECCO, INC. Bid 0168-07) I of 2 R] CE: Rockville Bed and Brealdast Plumbing Quote Thank you for the opportunity to provide the following services for the above referenced project. U you have any questions or comments, please do not hesitate to call. 1. Sco of Work to Provide Labor and Install the Foil ow' e: • Provide and Install new PVC sch 40 sanitary sewer for (11) water closets. • Provide and install new PVC sch 40 sanitary sewer for (14) lavatories. • Provide and install new PVC sch 40 sanitary sewer for 01) shower stalls, (3, (1) tub and shower stall. • All new PVC sch 40 sanitary sewer to tie into existing sewer line in basement. t.j • Provide and install necessary hangers and supports for new PVC sch 40 sanitary sewer line as per code- & Provide and install necessary materials for venting of new fixtures asper code. ?cp C (Z Flashing of roof, to be done by others: 1 N To ct • All fixtures and hardware shall be supplied by customer. J?. p • Provide and install new PEX water lines for (11) water closets. 1 • Provide and install new PEX water lines for (I4) lavatories. • Provide and install new PEX water lines for (11) shower stalls, (1) corner shower stall, and (1) tub and shower stall. • Provide and install necessary materials to connect new PEX water lines to customer supplied fixtures. • All new PEX water lines shall be installed with (2) manabloc systems, installed near main water service. • All PEX tubing and sanitary piping will be concealed where applicable. Where piping is exposed it will need to be enclosed by GC. • Provide and install a hot water re-circulating line for new fixtures to new boiler. • Permits and fees are included. 2. Notes and Exclusions: • Permits and Fees are not included unless noted otherwise. • Existing water service, piping, ffxtures and meter to remain and be reused Modifications to existing are not included. • Existing sanitary main to remain and be reused, no modifications to existing piping is included. • All work to be performed Monday thru Friday, 7.00am to 4:00pm. • Equipment start up and check out is included in this quote. ur total rice or the above scope o work is in the amount of.• 530,335.0 Since 19tf9 Integrity Commitment .Spirit Equal Opportunity Employer Partner Perform Promote (. 2 of 2 Prep by: 7-AZ xt ' - r ect Supervisor Date uthorrzed Signatur ate I Su 737-2142 n110 Customer Responsibilities: • Customer is responsible to prepare the work area and protect valuables. Access to the work area must be provided • Customer to provide on-site sanitation facilities for worlanen • Customer to provide adequate and nearby parking for one vehicle. SECCO Provisions: • SECCO co-workers and your property are covered by our general liability, auto, and worker's compensation insurance. • SECCO maintains membership in most local trade associations to keep our co-workers current with technology and training in order to provide the best installation and service available. • All SECCO co-workers are screened for Child Abuse & State Police Clearance. • SECCO, Inc.. will observe all Customer Safety & Security requirements while on premises. • SECCO will provide a warranty on any materials famished by them in conjunction with the above scope of work.. This warranty period is for (1) one year from date of installation and is covers defects in materials and/or workmanship. If the above equipment is serviced by other than SECCO, Inc. within the first year, this warranty will be void. As a result, any repairs not covered under the Equipment Manufacturers Warranty would be done on a time and material basis and therefore, billable to the Customer. • PLANNED MAINTENANCE PROGRAMS ARE AVAILABLE. Terms: 0% Deposit with order, and 50% of the quoted amount to be paid when the job is finished Note: This proposal may be withdrawn by us if not accepted within 30 days. Special Rebates, Terns & Conditions (if applicable) provided by Manufacturers are subject to availability. Equipment Model Numbers stated are current models and may be upgraded without notification. We endeavor to provide the most accurate information available. Customer Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Integrity Commitment Spirit Equal Opportunity Employvr Since 1969 2 of 2 Partner Perform Promote Prep bby: 71 0? ? ate t a Sue - r ect Supervisor Date 737-2142 Exte n 110 Customer Responsibilities: Customer is responsible to prepare the work area and protect valuables. Access to the work area must be provided.. Customer to provide on-site sanitation facilities workmen- Customer vehicle. Customer to provide adequate and nearby parking for o SECCO Provisions: • SECCO co-workers and your property are covered by our general liability, auto, and worker's compensation insurance.. • SECCO maintains membership in most local trade associations to keep our co-workers current with technology and training in order to provide the best installation and service available. • All SECCO co-workers are screened for Child Abuse & State Police Clearance. anc . premises. • SECCO, Inc, will observe all Customer Safety & Security requirements • SECCO will provide a warranty on any materials furnished by them in conjunction with the above scope of work. This warranty period is for (1) one year from date of installation and is covers defects in materials this and/or worlananship. If the above equipment is serviced by other than SECCO, Inc.. within the first year, warranty will be void. As a result, any repairs not covered under the Equipment Manufacturers Warranty would be done on a time and material basis and therefore, billable to the Customer. • PLANNED MAINTENANCE PROGRAMS ARE AVAILABLE, Terns: i0% De osit with order aad 50% of the uoted amount to be aid when the 'ob is ftnishe Note: This proposal may be withdrawn by us if not accepted within 30 days.. Special Rebates, Terms & Conditions (if applicable) provided by Manufacturers are subject to availability. Equipment Model Numbers stated are current models and may be upgraded without notification.. We endeavor to provide the most accurate information available. C.uttomerAcceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accepted, you are authorized to do the work as specified. Payment will be made as outlined above. EMORY & CO 717481.876i 717648.1896 2A3 MARKET ST. CAMP HA I., PA 17011 PAYTOTHE Penrtsykinia State Bann .t 03%30244??C L50 ,t, 3029 15=1oz D DATE g 3 7 GJ /SS.bO 60 Z7->, DOLLARS 00 2n' 30 ?29 Since 19b9 Integrity Commitment ,Spirit Equal opportunity Employer y 1 S r r perform Promote 1 EC- CO e-A !l 1111 Primrose Avenue Camp Hill, PA 17011 Phone: 71T-737-2142 Fax: 717-737-5235 DATE: 8/13/2007 TO: David Emory 3113 Yale Avenue Camp Hill, Pa. 1,7011 Proposal (SECCO, INC. Bid #167-07) 1 of 4 REFERENCE: Rockville Bed and Breakfast Air Conditioning Systems and Propane Boilers Thank you for the opportunity to provide the following services for the above referenced project If you have any questions or comments, please do not hesitate to call. 1. Scaue of Work to Provide Labor and Install the Fallowing Air Coadidopi_n: First Floor North Front Zone. -? p0 • (4) Sanyo wall mounted a/c only air handlers with wireless remote controls and a ?o rated capacity of 7,000biu's per unit. One unit will be installed in each room 1, 2, ??3 aach air handler location will be confirmed with building ownerprior to ? tQd rnstallatton. W (1) Sanyo wall mounted remote a/c only condensing unit with wall bracket and service disconnect switch. Location of each condenser will be confirmed with building owner before installation. • (4) Insulated copper refrigerant line sets for nets equipment. All line sets will be run above ceiling where applicable. Where line set is exposed it will be the responsibility of GC to enclose in a chase. • All power and control wiring from existing service panels to new equipment All :siring will be concealed above ceilings and in walls where applicable. !? ? First Floor South Front Zone. f^ (3) Sanyo wall mounted a/c only air handlers with wireless remote controls. (1) Unit will have a rated capacity of 12,000btu Is and the other two will be 9,000btu Is. One unit will be installed in each of the following rooms: Sitting room, Office and 3Qo Room 6. Each air handler location will be confirmed with building owner prior to ii installation. • (1) Sanyo wall mounted remote a/c only condensing unit with wall bracket and service disconnect switch. Location of each condenser will be confirmed with building owner before installation. • (3) Insulated copper refrigerant line sets for new equipment. All line sets will be run above ceiling where applicable. Where line set is exposed it will be the responsibility of GC to enclose its a chase. • All power and control wiring from existing service panels to new equipment. All wiring will be concealed above ceilings and in walls where applicable. 3 s First Floor North Rear Zone. • (4) Sanyo wall mounted a/c only air handlers with wireless remote controls (1) ?•- Unit will have a rated capacity of 9,000btu's and the other three will be 7,000btus. pOfl. One unit will be installed in each of the following rooms: S, 9, 1 D and the Dining l room. Each air hand/pr tnrn6nn iui11 ho rnn?rn.??r .... oL ••'r r" " -- - r !.?od00 ? d l p0?v R ?I?rd°i 7f0&' 749,0 v 70 ,,»d V t i 1 i Partner. Perform Promote 2 of 4 • (1) Sanyo wall mounted remote a/c only condensing unit with wall bracket and service disconnect switch. Location of each condenser will be confirmed with building owner before installation. • (4) Insulated copper refrigerant line sets for new equipment. All line sets will be run above ceiling where applicable. Where line set is exposed it will be the responsibility of GC to enclose in a chase. • All power and control wiring front existing service panels to new equipment. All wiring will be concealed above ceilings and in walls where applicable. First Floor South Rear Zone. • (3) Sanyo wall mounted a/c only air handlers with wireless remote controls. (1) > Unit will have a rated capacity of 9,000btu's and the oth ree ill be 7,000biu's. One unit will be installed in each of the following rooms: 7, 8, and the Living Qa? room. Each air handler location will be conf rated with building owner prior to installation. • 0) Sanyo wall mounted remote a/c only condensing unit with wall bracket and service disconnect switch. Location of each condenser will be confirmed with building owner before installation. • (3) Insulated copper refrigerant line sets for new equipment. All line sets will be run above ceiling where applicable. Where line set is exposed it will be the responsibility of GC to enclose in a chase. • All power and control wiring from existing service panels to new equipment. All wiring will be concealed above ceilings and in walls where applicable. Second Floor. • (3) Sanyo wall mounted a/c only air handlers with wireless remote controls. (1) Unit will have a rated capacity of 12,000butIs and the other two will be 9,000btuIs. One unit will be installed in each of the rooms. Each air handler location will be t confirmed with building owner prior to installation. • (1) Sanyo wall mounted remote a/c only condensing unit with wall bracket and service disconnect switch. Location of each condenser will be confirmed with building owner before installation. • (3) Insulated copper refrigerant line sets for new equipment. All line sets will be run above ceiling where applicable. Where line set is exposed it will be the responsibility of GC to enclose in a chase. • All power and control wiring from existing service panels to new equipment. All wiring will be concealed above ceilings and in walls where applicable. 2. Scope of Work to Provide and Install the Foliowinz Propane Fired Boilers: ? First Floor Zone 1: • Provide copper piping to owner provided radiators for the tenant rooms: as well as tenant bathrooms. We will be providing 2' long baseboard for all the bathrooms on this zone. • (1) Honeywell programmable thermostat for this zone and associated control wiring. Thermostat will be located in office. • All radiators will be equipped with thermostatic radiator valves. These valves will not control the boiler; they will only limit the amount of heat supplied to the room. D First Floor Zone 2: • Provide copper piping to owner provided radiators for the following rooms: Dining, Kitchen, Laundry, Office, Sitting and Living. We will be providing 1' long baseboard for the laundry rooms on this zone. These radiators will be equipped with thermostatic radiator valves as well. • (1) Honeywell programmable thermostat for this zone and associated control wiring. Thermostat will be located in mechanical room and remote sensors will be located in the room& There will be (4) remote sensors. Second Floor Zone 4: herepritY Conmritment Spirit Equal Oppartunit} Emplo?er Since 1969 O t ?D'dV v? 0 a t Z v O Of Partner Perform Promote • Provide copper piping to otvner provided radiators for the second floor roortrs. We will be providing 2' long baseboard for the bathrooms on this zone. (1) Honeywell programmable thermostat for this zone and associated control wiring. Thermostat will be located in mechanical room and remote sensors will be located in the rooms. There will be (4) remote sensors ? Basement Zone S: Provide copperpiping to ownerprovided radiators for the basement area. • (1) Honeywell programmable thermostat for this zone and associated control wiring. > Provide and install (2) Utica UB-95 modulating propane fired boilers. Boilers will be set in mechanical room. (1) 70 Gallon indirect f red water heater to connect to manna block domestic water piping. All necessary circulator pumps and controls to provide zoning of first floor, second floor, basement and priority zoning for domestic hot water supply zone. (1) Amtrol ST-I5 expansion tank for indirect water heater. (I) Aintrol AX-40Y expansion tank for radiant piping ? Gas piping from secondary pressure reducing valve provided by propane tank contractor to new boilers and dryers. All radiant piping will be copper tubing and will be insulated with 1 "fiberglass insulation. > Main header piping for boilers will be 2" copper. D Radiator supply piping will be I % 11 copper. Radiator branch piping will be Y,11 copper. Domestic water loop piping to indirect hot water heater will be I '/s"copper. tir total price for tire above scope o work is in the amount o : =109,775.0 3. Notes and Exclusions: All condensate drain lines to drain to basement and connect to sanitary main. They will be connected with trap and open hub. • Repairs or modifications to owner provided radiators are not included. Radiator valves will not control boiler. They are to control room temperature if the boiler is running. There is no way to individually control each room and the boiler at the same time. Tire valves are dependent on boiler already receiving a call for heating from the thermostat. • Propane tank and associated regulators and piping to building are not included. • SECCO, INC. will not be responsible for damages to environment as a result of contamination from fossil fuel sourc& We have made the owner and contractor aware of the environmental issues that may occur as a result of flooding- • Permits and Fees are not included unless notedotherwise. n 4:00prn. • All work to be performed Monday thru Friday, • Equipment start rip and check out is included in this quote. Prepared by: Authorized Signature Date Brian Suchy -Project Supervisor Date 737-2142 Extension 110 Customer Responsibilities: work area and protect valuables. Access to the work area must be • Customer is responsible to prepare the provided. • Customer to provide on-site sanitation facilities for workmen . • Customer to provide adequate and nearby parking for one vehicle. SECCO PravIsions: • SECCO co-workers and your property are covered by our general liability, auto, and worker's compensation insurance. Since 1969 Integrity Commitment .Spi,ir Ey??alOpporn?nin Employer 4 of 4 Partner Perform Promote 5ECCO maintains membership in most local trade associations to keep our co workers current with technology and training in order to provide the best installation and service available. All SECCO co workers are screened for Child Abuse & State Police Clearance.. SECCO, Inc, will observe all Customer Safety & Security requirements while on premises. SECCO will provide a wad on (1} any materials o Year from date of installs ion and conjunction defects inomaterials of work. This warranty pen and/or workmanship.. If the above equipment is serviced by other than SECCO, Inc. within the first year, this warranty will be void. As a result, any repairs not covered under the Equipment Manufacturers Warranty the Customer. would be done onNTa time and material basis and therefore, billable to ENANCE PROGRAMS ARE AVAILABLE. • PLANNED MAINTENANCE Terms: pQ% Deposit with order, and 50% of be paid when the Note: This proposal may be withdrawn by us if not accepted within 30 days. Special Rebates, Terris & Conditions ity. endeavorlt provide the tnos as orate i?nformadone current Num (if applicable) provided byav'rthout notification, subject models and may be upgraded available. Customer Acceptance of Proposal The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Since 1969 hrtegrity Connnitment Spirit Equal Opportrurity Emplo yr K in O 4i cr) O n ?i Omni ? 2 n r= I 0 o Ro I ... Ln O 1'A N O O O O Ul 40 A A C- r w RJ w O 0 Buil.ding Mechanical Services ?(ectrical Construction Services ??..,JJ b Indoor Air: Qualfty serWces %jECCpg A Better way NAME: 2?ro ` TIC __ _ __ _?. PtF-1 B fV( oyee s.. floltrr; . D r fla>z Of 'vy'orklC'?rr?mns i - ? Gc?Ct¢t10? ?? L .?D t ?B N At, t e,: ?xch a copy of all ? ------- Packing a)iPs to this farm. .e,fiuw Cuf;.y• Foreai;v? ? . 1111 Primrose Avenue Camp Hill, PA 17011-6922 @717-737-2142 (1)717-7j7-5235 wry -seccolne.00M Building Mechanical Services 's = rsectrical Construction' Services Indoor Air Quality Services \ ... %.jECCQ' A Better Way 1CIZ9?117t t.r1/',C 14?2 JU}3 '/U ? 7- 0 7 DATE. d a? Urt;?! <YI2i.V.- _ ?Y1FtLPI?5Z1 L?E'?I'"?b1Gi7 --r- ?D .Ift llare Vin, lvv?? ?t #-lown yee pp Desrr )wnn of WorklConlrnems ?? - 0 1416 ?VU L?f? M t411l'x 60 xe rf?k'py t ' Lt r y .3/j .?? l?Ui-}l?)2'11?{'C[ ,'`.?11?:'fl%3t•lll-X2.--?--?` NOTE. A 13ackina 8]iPs to thi'4 form. ?ht? C,o? • lrt(IC+u F':ilK C; U?1: (.'}['flue k C.4tl?Y:Mifl!' 1111 Primrose Avenue Camp Hill, PA 17011-6922 D717-737-2142 (f 717-737-5235 Www secc'oir?c,com Buildi)rg Afechanicai Services ctrical Construction Serviced /Indoor Air Quality Services JECC A Better Way y1 d 113 4/03 7-0?z-.- e_ )IN "20 _ +- j _ _ rl z pT? bac lav H Uettcr r.ian of Wurk/Comme t - . i 1-?.ClGht)2'L`Lf:?t ?llrrli{l=ltLrY' T,6 "` !_!("i'« eor)y of all aickin -44 es, to t.fii:, form. .,rtta C::oRy- _,(fx•v l'nl;uw .' - ,-~' 1111 Primrose Avenue Camp Hill, PA 17011-6922 @ 717-737-2142 Q717-737-5235 www-seccolnc,corn b Building Mechanical Services Electrical Construction Services Indoor Air' Quality Services vECC(Y A Better Way - yo3`7- 'JOB V: e? 7 70 ;?-7zit?11Ftt L'aS+:3?.??flr?J? P, SnLvo:P l r etc, Y 'r/ 7 ?J t°E t? lot r y : ? r L11;f?;m lv?tee # k?ouxc ?,???, ! tErr ?tcyn of Work/(;ommeors :lut-Ei{ari?? ct 1vna tAre: D it te: 17 ?tiF(?TE: Attae a c.apy of aAI rtc.kitn slips tcI tfii. f rrl?. ati :,.?•rilui Pinx i,c• , py. . ns?;a,# C`i?ntf;?crar 1111 Primrose Avenue Camp Hill, PA 17011-6922 X717-737_2142 (D717-737-5235 www.rr?c.asft Building Mechanical Services + Electrical Construction Services Indoor Air Quality Services CCU A Better Way Job #: ? 0.3? d Tate: /0 a ? F?nctaon Code: _ 4-,' Change Order Job Name, ?c1??, ?/ ?,+ Ta Foreman: Stock or Date Ecv R0, # fart # i Ilk t t I f Date Technician Hours De=. 4 t !_ } At1.thmized Signature, wlufe C . ?"?amarlCen?zac?r eRow Cory; A?vr? 1111 Primrose Avenue Camp Hill, PA 17011-6922' ®717-737-2142 Q717-737-5235 wwwseccolnc.corn '4ilding Mechanical Services ?. Electrical Construction Services 1 Indoor Air Quality Services &Eccor , ABetter Way SOB ;t; ??' -Cal DA'VE F 4_ - - - I in )if yei-, 9 NOTE: ,- f?ttnc??.t'it.??cl c'h it vOny of all, I c'k i rt -g to rhi,,4 fir ? ?i'cL[,s?- C;aPti • at3?.tcav? _ 271. 1111 Primrose Avenue Camp Hill, PA 17011-6922 Q717-737-2142 (D717-7,37-5235 ) www•aeccof nc_com ? 4 Building Mechanical Services • Electrical Construction. Services Indoor Air Quality Services SEC CQ` A' Better Way 4( 1B 4r-7C) lot 3 -7 ,} f} ? r ?IZk:1? t1 ?: ?? ? Ju.t ?r•.? r.'gate a r? t! -_._?7 t'.? 1°1 `? C4?1?1 11 L3?'SL L1.? lflT -- -- - -- - -?-? r lice NO csun of 1 'OrkIC olmnent,, ---I - gulp ?G, j'rt rw? f S r, f uthor3?f t? ti mr?t+?r?: f 1x L t 1 7 / T a -; NOTE; Attach a copy,-)f itil w _ {cfc?t?tiPK tv this form. ?4'htk• i;crry: t?ft'2sn t'kntc ?a?v: Gu?,szra! ?:nrttraetar 1111 Primrose Avenue Camp Hill, PA 17011-6922 @717-737-2142 (D717-737-5235 W W WA9CCOit1C.CpRf Suildini; Mechanical Services Electrical Construction Services Indoor Air Quality Services 1 I %jECCC3 A Better Way J4: -- DA'I'S: 61- ? d e: o rt _ l ??. - - - - - - - ------------ --_--- - --- -- _.. ..?i - _.. _.. _-... __. _- f L T'- Date Employee # Hours Deco Lion of Work/CornmenLs AC 1?e T - SC Lt1ij7 iN(ATE: Attach a copy of Hli c T wluidn9 ?llpw t ehi forrrr? +J" t?tKw Yt4osv Copy. ?'o/ k??(11-' Fink Copy: Ganura} :?n?utoz 1111 Primrose Avenue Camp Hill, PA 17()11-6922 > Q717-737-2142 X717-?37-5235 WWW,gw m 8uHdin"9 Mechanical Services Electrical Construction Services Indoor Air Quality Services %.>E CCQ A Better Way Job #v -? 1 Date: / Function Gods; Gunge Order #: Jib Nazne:...????-?'?..,??? Stock o .'.?? i ax 1=V4fLn 11 OUrS B'I tlon of work/comments r 40i14Y<Yr/} j x' l 0 11r"? . 11-15 g, 0 r F'!?O ?(,S ???Itrc??dr3 ?? ?tr?tte'? {yfil!'f8{e j_ AuthOrized Signature, - ?- ?-? ZE--? - Date: 1111 Primrose Avenue Camp Hill, PA 17011-6922 v 717-737-2142 0717-737-5235 www-eeccolnc.com Bull ding mechanical services Electrical Construction Services Indoor Air Qualify Services 's =Rift, v E CCOO A Better Way Job # 4Change Order #. Foreman. Date Sock ?afEtit PO # Part # r?7I E'sc Ali 171 -,K d£J _' ?r ?f? r t? ?i LAC r Date Technician "ion of W"0o c Cwmw is J Wpb COPY - C'r2tc s= 'taviv 1711 Primrose Avenue }?8f?{r Camp Hill, PA 17011-6922 X717-737 Y Amawft I'* ?.?- job (D717-737-5235 wW WAwCtXf1hC.C0r?? Building Mechanical Services Electrical construction Services Indoor Air Quality Services %-->ECCO` A'Better Way_ JOB ?U: DATE; F C _ NCT ON CODE: t D - --- ---- _. JOB Lsrz_r<;v,/? _ i ? ,? 111Ix??Y-ial L}e?.r?:•racln `- ?; Get rr Eq°>a"- . 1:x/1 S - _ __ -_ __.2 a at'r V , , . - ?- P 3,4 Dace Ern )lovee # Hour f '_-4 Duerr Cann of Work/COnxmerit, ,{1y7? C/1'47 Authorized ,Si aturc /11 Aeii 1* `OZ E. Attach ;? Cr} PS of '01 ?tuiietx? 4lip ? to this farm. ei ow t:,p?•_ Fvrez ;4:n 1'ntw COPY ijop ra. .Ant'a'w, 1111 Primrose Avenue Camp Hill, PA 17011-6922 @717-737-2142 ©717-737-5235 wwwateccolnC,com E9411ding Mechanical Services Z:i E A Better Way Electrical Construction Services INVOICE Indoor Air Quality Services Date: 12/1 7/2007 403807-5 To: David Emory 3113 Yale Avenue Camp Hill, PA 17011 Location: Rockville Bed & Breakfast 810 S. Main St, Marysville, PA 17053 tiales erson 1 Job Number - Service Dafe 7anc ent Terms Brian Such 41y38-07 1117/2Q07 :?:Sue Upon iesc rlpfi n: Silting fbr Subskeial Carnoletion Contract or Quofed Amount Amount Niue to Change order New Contract Amount Less Pavmank Amount Due this invoice Balance Left on Contract Due dam: 01/97/06 order's # 4 & INVOICE NOT PAID IN FULL BY THE DUE DATE' INVOICE TOTAL Amount $ 20,000.00 $ 1,625.00 $ 21,625.00 X21,62 4 U .M,625.00 Make all checks payable to: SECCO, Inc. If you have any questions concerning this invoice call your salesman @ (717) 737-2142 7hank You for Your Business! Equal Opuor#uni#y Emutoyer 1111 Primrose Avenue Camp Hill, PA 17011-6922 0717-737-2142 X717-737-5235 vAmseccoinc.com Building Mechanical Services I Electrical Construction Services I Indoor Air Quality Services % "?ECGO?O A Better Way I NVOICE Date: 12/17/2007 403707-7 To: David Emory 3113 Yale Avenue Camp Hill, PA 17011 Location: Rockville Bed & Breakfast 510 S. Main St. Marysville, PA 17053 irovo?cE Tora?. $ 787.00 Make all checks payable to: SECCQ, Inc. F1 you have any questions cont-Wing this invoice call your salesman @ (717) 737-2142 Thank You for Your Businessi Equal 4ppor#r n fy Em ptoyer 1111 Primrose Avenue Camp Hill, PA 17011-6922 0717-737-2142 X717-737-5235 w4Imseccoine.com salesperson I Job Numbly Service Date Payment Terms Brian Suchy 4037-07 10123/2007 Balance Due Uuon Recaint Building Mechanical Services I Electrical Construction Services I Indoor Air Duality Services ECG A Better Way TO: David Emory 3113 Yale Avenue Camp Hill, PA 170i 1 IfVV01GE 403807-6 Date: 2/1412008 Location: Rockville Bed & Breakfast 810 S. Main St. Marysville, PA 17053 Saps era \ :: `';;?.0 tuber Service Date Pa meat Terms Brian Suchy . '" - 4038-07 2007-2008 Balance Due Upon Receipt Description: Remaining Balance for HVAC Work Anount Contract or Quoted Amount ? 71339.00 Amount due to Change Orders New Contract Amount $ 7,339.00 Less Payments Amount Due this invoice $ 7,339.00 Balance Left on Contract - $ Due Date: 03114/08 INVOICE NOT PAID IN FULL BY THE,DUE DATE. [INVOICE TOTAL "Ma Thank You for Your Businessl Equal Opportunity Employer 1111 Primrose Avenue Camp Hill, PA 17011-6922 0717-737-2142 0717-737-5235 Make all checks payable to: SECCO, Inc. If you have any questiws concerning this invoice call your salesman @ (717) 737-214 ? ;.? 39,0? 14 20x8 FEB vNAv seccolnc.com ? 1 1 Y Building Mechanical Services I Electrical Construction Services I Indoor Air Quality Services A Better Way To: David )Amory ' 3113 Yale Avenue Camp Hill, PA97011 'ICE a Date: 2/14/2008 Location, Rockville Bed & Breakdast 810 S, Main St. Marysville, PA 17053 Salesperson ??lob N?ber Service Date Payment Terms Brian Suchy ---4037-07 2007-200$ Balance Due Upon receipt Description: Remaining Balance for Plumbing Work Amount Contract or Quoted Amount $ 5,359.00 Amount Due to Change Orders New Contract Amount $ 5,3599.00. Less Pa ments Amount Due this Involce $ 53359.00 Balance Left an Contract $ - Due Date: 03114/08 *A INVOICE NOT PAID IN FULL BY THE DUE DATE. BVt?CEAL Make all checks payable to: SECCO, Inc. If you have any questions concerning this invoice call your salesman @ (717) 737-2142 I hank You for Your Businessl Equal ApportuWdy Employer X9.00 FEB 14 2008 1111 Primrose Avenue Camp Hill, PA 17011-6922 0717-737-2142 X717-737-5235 vnrnv.seccolnexom Building Mechanical Services Mau- ECC U A Better Way io; [avid P„mary 3113 Yale Avenue COMP Hill, PA 17011 Electrical construction services Indoor Air Quality services INVOICE 403807-7 Data: 5/7/24D8 Location; Make all checks Payable to; If you have an Sl;GCp Ino, Y questions concernlrg , this invoice call your salesman (717) 737-2142 RackvilL. Sell & Breatdaat 810 S, Main ' ? Marysville, PA 17053 ""a"" You for Yoarr Susine$st Nual $AF+crtunig Y Employer 1111 Primrose Avenue Camp Hip, PA 1701 i•6922 X717-737-2142 Qt 717-737-5235 wwv"eCCOlnc.cdm , U-1 77 SHERIFF'S RETURN - REGULAR CASE NO: 2008-05501 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SECCO INC VS EMORY DAVID ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon EMORY DAVID T/D/B/A EMORY & CO the DEFENDANT , at 2010:00 HOURS, on the 19th day of September, 2008 at 3113 YALE AVENUE CAMP HILL, PA 17011 by handing to DAVID EMORY 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 Service Postage Surcharge la/ng`eF ?- ? Sworn and Subscibed to before me this So Answers: 18.00 14.00 .59 10.00 Thomas Kline ' .00 42.59 09/22/2008 WOOLFORD LAW By day eputy Sheriff of A. D. WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Ciara C. Young Esquire Attorney I.D. 202994 Kenneth J. McDermott Attorney I.D. 205555 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster. PA 17603 SECCO, INC., Plaintiff, V. DAVID EMORY t/d/b/a EMORY & CO., Defendant. Attorneys for Plaintiff, Secco, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-5501 Civil Term PRAECIPE FOR ENTRY OF JUDGMENT TO THE PROTHONOTARY: Please enter judgment in the amount of $52,130.27 in favor of Secco, Inc. and against David Emory t/d/b/a Emory & Co. This sum has been made certain by computation as set forth below. This amount includes the principal balance of $36,554.00. It also includes interest, penalties and attorneys' fees as required under the Contractor and Subcontractor Payment Act, 73 Pa. C.S. § 501 et. seq. The Payment Act allows for interest at the contractual rate of two percent per month and penalties at the rate of one percent per month. The Payment Act also entitles the substantially prevailing party to attorneys' fees. To date, the attorneys' fees in this matter are $2,829.65. A Notice of Praecipe to Enter Judgment by Default was served on October 13, 2008. Plaintiff also formally requests post judgment interest and attorneys' fees which accrue after entry of judgment. Principal Balance $36,554.00 Interest $8,497.73 Penalties $4,248.89 Attorneys' Fees $2,829.65 Total Amount of Judgment $52,130.27 WOOLFORD LAW, P.C. By: 7z"I enneth J. McDermott, Esquire Dated: January 5, 2009 CERTIFICATE OF SERVICE I, Kenneth J. McDermott, Esquire, an attorney with Woolford Law, P.C., certify that on this date, I served a true and correct copy of the foregoing document upon all parties, by depositing the same in the United States mail, postage prepaid, addressed as follows: David Emory t/d/b/a Emory & Co. 3113 Yale Avenue Camp Hill, PA 17011 - ; ??_ , "4 ?;a enneth J. McDermott, Esquire Date: January 5, 2009 WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. No. 78941 Ciara C. Young, Esquire Attorney LD. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster. PA 17603 SECCO, INC. Plaintiff, V. DAVID EMORY t/d/b/a EMORY & CO. Defendant. Attorneys for Plaintiff, SECCO, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : JURY TRIAL DEMANDED No. 08 - 55c1 C:v2l.Tera, NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: David Emory t/d/b/a Emory & Co. 3113 Yale Avenue Camp Hill, PA 17011 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) 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. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Respectfully submitted, WOOLFORD LAW, P.C. By: Timothy J. Woolfo Attorney I.D. No. 7 941 Ciara C. Young, Esquire Attorney I.D. No. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 P: 717-290-1190 F: 717-290-1196 Dated: October 13, 2008 2 CERTIFICATE OF SERVICE I, Ciara C. Young, Esquire, an attorney with Woolford Law, P.C., certify that on this date, I served a true and correct copy of the foregoing document upon all parties, by depositing the same in the United States mail, postage prepaid, addressed as follows: David Emory t/d/b/a Emory & Co. 3113 Yale Avenue Camp Hill, PA 17011 b ' ?' ?k'. Ciara C. Young 0 U Date: October 13, 2008 3 W00Ur0ltD LAW, M Ay: TMotlty L WaoWwd, Lagaim Attora" LD. 79%1 Cora G Yoaq Zopfre Ae waq LD. 202"4 Whaapwd Phoe %I Wha datd Av=w, f%M 40 Idtwsttt4ar, PA 17603 SECCO, INC., PhdntilT, V. DAVID EMORY tldWWa EMORY do tom., DefendwL Am rwp f,v Phdwff .tiaW06 hie : IN TIIE COURT OF COMMON PLEAS OF : CUMBERLAND IM)LINTY, : PENNSYLVANTA No. 08-5501 TO THE PROTHONOTARY: 7 a the best of my knowledge, David Enay t/dWs Fmw A Co.. alto 1 dmbnt, ix not cwmndy in the Military or Naval Service. Mr. Emory wa previously in dw Army in or amund 1990-1991, but to the best of my knowledge, no longer is. Iknve r, I cannot say with campu to certainty that he is not in the military at thins time. Sacco and its counsel have been trying to contact Mr. Emory for over a year regarding payment and he never cited military obligations as a basin for bus inability to pay or rrsp W to our demands. Fnn c Secxo. Inc. ? ? ?? ? ? --+ ' , p c-- ?' i"S't O r ? ? "? Cl? t tj?, i,_ k?. ? f F'i SECCO, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 08-5501 Civil Term DAVID EMORY t/d/b/a EMORY & CO., Defendant. ENTRY OF JUDGMENT AND NOW, on this day of \)On . 2001, judgment has been entered against Defendant, David Emory t/d/b/a Emory & Co., in the amount of $ P THON Y WOOLFORD LAW, P.C. By: Timothy J. Woolford, Esquire Attorney I.D. 78941 Ciara C. Young Esquire Attorney I.D. 202994 Wheatland Place 941 Wheatland Avenue, Suite 402 Lancaster, PA 17603 SECCO, INC. Plaintiff, V. DAVID EMORY t/d/b/a EMORY & CO Defendant. Attorneys for Plaintiff, Secco, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 08-5501 Civil Term NOTICE OF ENTRY OF JUDGMENT. ORDER OR DECREE Pursuant to requirements of Pennsylvania Civil Procedural Rule No. 236, you are notified that there was entered in this office today, in the above-captioned case - ? Judgment in the amount of $52,130.27 for Plaintiff and against Defendant. ? Judgment for Defendant and against Plaintiffs. 0 Order or Decree in favor of Date: i1010101 RUT-HON Mailed: To: David Emory t/d/b/a Emory & Co. Address: 3113 Yale Avenue City: Camp Hill State: PA Zip Code: 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Secco Inc Plaintiff V. David Emory t/d/b/a Emory & Co Defendant ? Confessed Judgment ? Other File No. 08-5501 Amount Due $,?6 r,5,&-On Interest $ 8 497.73 Atty's Comm $2,829.65 : Costs/ Penalties $4- - 248 89 TO THE PROTHONOTARY OF THE SAID COURT: Total: $52,130 27 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 property of the defendant (s) personal property located at 3113 Yale Avenue, Camp Hill, Pennsylvania 17Q11 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of rumbP r 1 and County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property e11 yg MarW S+ (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) PNC Bank formerly Pennsylvania State Bank u' Q 1101( Routing_No. 031302447 Pennsy9tV.Ania State Bank Account No. 15000102 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s) ? (Indicate) Index this writ against the garnishee (s) as a lis pendAw against real state of the defendant(s) described in the attached exhibit. Date Februarv 17 2009 Signature: Print Name: C i a r a C. Yo g E u i r e Address: Noolford Law, P.C. 941 ea an ve.. Suite 402 T,anr, st,,et- PA 17603 Attorney for: S e_ o. T?jr. Telephone: (717) 2 9 0 -1 T 9 0 Supreme Court ID No: 2 0 2 9 9 4 5 ?? ?• ?77 ? ..,. CC) 0 2) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5501 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SECCO, INC., Plaintiff (s) From DAVID EMORY t/d/b/a EMORY & CO., 3113 Yale Avenue, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell 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: PNC BANK, formerly PENNSYLVANIA STATE BANK, 2148 Market St., Camp Hill, PA 17011 Routing No. 031302447 Pennsylvania State Bank Account No. 15000102 and to notify the gamishee(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 $36,554.00 Interest -- $8,497.73 Atty's Comm % $2,829.65 Atty Paid $162.09 Plaintiff Paid Date: 2/18/09 L.L. $.50 Due Prothy $2.00 Other Costs: Penalties - $4,248.89 C s R. Lo (Seal) By: Deputy REQUESTING PARTY: Name CIARA C. YOUNG, ESQUIRE Address: WOOLFORD LAW, P.C. 941 WHEATLAND AVE., SUITE 402 LANCASTER, PA 17603 Attorney for: PLAINTIFF Telephone: 717-290-1190 Supreme Court ID No. 202994 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, Sheriff s Costs: Advance Costs: 150.00 Sheriff s Costs: 110.51 Docketing 18.00 39.49 Poundage 2.17 Advertising Law Library .50 Prothonotary 2.00 Refunded to Atty on 03/24/09 Mileage 18.00 Surcharge 40.00 Levy 20.00 Certified Mail Postpone Sale Garnishee 9.00 Postage .84 04 ' TOTAL $ 110.51 ???? So Answers; -- oop!?? ;?O?. 110 R. Thomas Kline, Sheriff ?y Sharon R. Lantz c? So E ci b 103 6001 ?jjwli?s &L Ji 1 0 0 ?o `yam E/3 CJ cvL G Ft.57 aza 7 .7 r a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5501 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SECCO, INC., Plaintiff (s) From DAVID EMORY t/d/b/a EMORY & CO., 3113 Yale Avenue, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell 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: PNC BANK, formerly PENNSYLVANIA STATE BANK, 2148 Market St., Camp Hill, PA 17011 Routing No. 031302447 Pennsylvania State Bank Account No. 15000102 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 $36,554.00 Interest -- $8,497.73 Atty's Comm % $2,829.65 Atty Paid $162.09 Plaintiff Paid Date: 2/18/09 (Seal) REQUESTING PARTY: Name CIARA C. YOUNG, ESQUIRE Address: WOOLFORD LAW, P.C. 941 WHEATLAND AVE., SUITE 402 L.L. $.50 Due Prothy $2.00 Other Costs: Penalties - $4,248.89 2 h"L A- L s R. Lo of ";g By: = - fi :r - Deputy ; n x LANCASTER, PA 17603 Attorney for: PLAINTIFF Telephone: 717-290-1190 Supreme Court ID No. 202994