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HomeMy WebLinkAbout01-6582EDWARD N. FLAIL, JR. ATTORNEY I. D. #10049 POST OFFICE BOX 507 130 WEST LANCASTER AVENUE WAYNE, PA 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION QUALITY ROOFING SUPPLY : COMPANY, INC. 2890 Hempland Road : Lancaster, PA 17601 V. : LETORT CONSTRUCTION, INC., : also known as Cold Creek Roofing Company : 50 Lisburn Road Carlisle, PA 17013 : NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 OBTAIN LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EDWARD N. FLAIL, JR. ATTORNEY I. D. #10049 POST OFFICE BOX 507 130 WEST LANCASTER AVENUE WAYNE, PA 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION QUALITY ROOFING SUPPLY COMPANY, INC. 2890 Hempland Road Lancaster, PA 17601 LETORT CONSTRUCTION, INC., also known as Cold Creek Roofing Company 50 Lisburn Road Carlisle, PA 17013 NO. 01- 6~'F2- 1. Plaintiff with the name and address first above is a Pennsylvania corporation engaged in the business of building supply. 2. Defendant, with the name and address second is a Pennsylvania corporation, engaged in the business of general contractor. 3. On or about April 7, 1997, Defendant, DANNY V. SWEARINGEN, completed and executed a credit application, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated by reference, under which Defendant established a credit in the name of LETORT CONSTRUCTION, INC., also known as Cold Creek Roofing Company. 4. Thereafter, at the special oral request of Defendant acting through Danny V. Swearingen, and others of its shareholders, directors, officers, employees and agents, who were authorized or allowed to act on Defendant's behalf, Plaintiff made and performed work and services and sold merchandise of the kind and quantity, on the dates, in the forms, and for the prices set forth in Plaintiff's books of original entry, true and correct copies of which are attached hereto as Exhibit "B" and incorporated by reference, which consist of invoices for various types of building materials and supplies sold by Plaintiff to Defendant. 5. Defendant received and accegted the aforesaid. 6. The prices set forth in Exhibit "B" are the fair and reasonable market prices existing at the time of the transactions and is that which Defendant agreed to pay. 7. All credits due Defendant for payments and returns or other deductions authorized by Plaintiff are set forth in Exhibit "B". 8. In addition to the amount set forth in Exhibit "B", Plaintiff claims interest at the rate of 1 1/2% a month, as set forth in Exhibits "A" and "B", which is $1,046.03 from December 31, 2000 through November 30, 2001. 9. In addition to the amount set forth in paragraph 7, Plaintiff claims attorney's fees, as set forth in Exhibits "A" and "B" at the rate of 15%, the amount Plaintiff pays its attorney for collection work which are $995.67, making the total of Plaintiff's claim $7,633.49, through November 30, 2001. 10. Despite demand of the sum due by Plaintiff and promises of payment by Defendant, Defendant has not made payment. WHEREFORE, Plaintiff demands judgment against Defendant, LETORT CONSTRUCTION, INC., also known as Cold Creek Roofing Company, in the sum of $7,633.49 plus costs and interest from December 1, 2001. · bWARD N. ~LAIL, JR. ATTORNEY FOR PLAINTIFF QUALITY ROOFING SUPPLY CO., INC. 2890 Hempland Road · Lancaster, PA 17601 717-293-8800 CREDIT APPLICATION AND CONTRACT (Please complete all lines) FIRM NAME: Letort Construction, Inc. and/or Cold Creek Roofinq Mailing Address: 50 ]','~ .~tbt]rn ROad Business Address: Same Carlisle, Pa. 17013 Building is Owned[] Rented [] Date Business Started Auq. 1993 CREDIT LIMIT DESIRED 150,000.00 Type of Business: ID(Commercial [] Residential [] Remodeling Applicant Builds -- Contract ; OFFICE USE ONLY CREDIT LIMIT APPROVED BY DATE APPROVED SALESPERSON Check One: Individual Q Corporation ~ Partnership [] Phone No.: (717 ) ?gR-RnT'l FAX No.:(717 ) 258-9375 {DJ Industrial [] Wholesale % How many homes built per year? PRINCIPALS OF FIRM: 1. Name: Danny V. Swearingen Address: 50 T.'~c=h,,~n ~,_~ Street 2. Name: Betsy R.Swearingen Address: SS# SS# 203-36-3847 Title: President Car] isle Pa. 17013 City StateZip 181-42-7819 Title: Vice-President 3. Name: Address: Street City State Zip SS# Title:. TRADE REFERENCES: 1. Name: '~' Address: 2. Name: \ Address: Street City State Zip ARC' ~,?ply ch_ r THC.. Street Castles Lumber 290 E. Pomfret St. Acct. Acct. # 1202 PHONE NO.: (717) 741 -.~Rz[~. Ynrk, 'P...', - 174rl7 City State Zip PHONE NO.:(717 ) 243'-3939 Carlisle, Pa. ~7013 \ Street 3. Name: \ Kohl Buildinq Products Address: P O BOX 14746 Street BANK REFERENCES: 1. Name & Branch%'' Farmers Trust Address: city state zip Acct #. LET020 PHONE NO.: (717)~95]-981'~ Reading, Pa. 19612 City State Zip Type of Account: 2. Name & Branch Address: One West High Street, Carlisle, Pa. 17013 Checking Type of Account: SALES TAX EXEMPT Account Executive:. .Phone No.: (717) 2~.3-32!2 Account No.: Account Executive: Phone No.: ( ) Account No.: YES ;% NO - IF YES, PLEASE ATTACH CERTIFICATE COPY. PLEASE READ THE TERMS AND CONDITIONS LISTED ON BACK AND SIGN THE CREDIT APPLICATION ON BACK BP,'7290 Rev. 9/94 Please sign the back TERMS AND CONDITIONS In addition to the terms and conditions set forth in any subsequently executed sales agreement or similar document, all purchases made Applicant shall be subject to the following terms and conditions: 1. Quality Roofing Supply Company, Inc. ("Quality Roofing") reserves complete discretion concerning all extensions of credit and shall have the right at any time to refuse to extend credit to Apblicant or change credit limit without notice. 2. No warranty is made by Quality Roofing relating to the quality of materials provided by it to Applicant. All materials are subject to a manufacturer's warranty and any claim relating to such materials shall lie exclusively against the manufacturer. Quality Roofing shall not, under any circumstances, be liable to Applicant or to any other person for lost profits, additional expenses incurred in replacing defective materials, or any other special, incidental, indirect, consequential losses, delay damages, or damages of any kind whatsoever. NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, EXPRESS, STATUTORY OR iMPLIED SHALL APPLY TO ANY MATERIALS SOLD BY QUALITY ROOFING. 3. Applicant acknowledges that shipping dates stated by Quality Roofing, are only estimates and o not represent a set time for performance, Time will not be of the essence unless Quality Roofing agrees in writing to that effect, 4. Applicant acknowledges and agrees that all purchases made by it shall be paid for in accordancewith such payment terms as may from time to time be established by Quality Roofing. Any invoice not paid in full within the terms stated on invoice will be subiect to a finance charge of one and one-half percent (1-1/2%) per month, and balances under $25.00 will be subiect to a minimum finance charge of $.50 per month. 5. Applicant hereby grants to Quality Roofing a security interest in all materials sold by Quality Roofing to Applicant, on open book account or pursuant to written or oral contract, to secure the prompt and full payment of any and all amounts now or at any time hereafter owing by Applicant to Cuality Roofing. So long as any balance remains owing from Applicant, Quality Roofing shall have all rights of an unpaid secured creditor under the P~:.nnsylvania Uniform Commercial Code and all other rights and remedies available at law or in equity. ~5. This Credit Application and any subsequent contract of sale between Quality Roofing and Applicant, shall be deemed to have been entered into at the home office of Quality Roofing in Lancaster, Lancaster County, Pennsylvania. Applicant acknowledges and consents to the exercise of jurisdiction by the Courts of Common Pleas of the Commonwealth of Pennsylvania. Applicant further agrees that venue for any lawsuit brought by Applicant, its successors or assigns, against Quality Roofing for whatever reason, shall lie exclusively in the Court of Common Pleas of Lancaster County, Pennsylvania. 7. In the event that Applicant's account is referred to an attorney or collection agent for collection, Applicant agrees that Quality Roofing Supply Company, Inc. shall be entitled to collect, in addition to principal and accrued finance charges, an attorney's fee of fifteen percent (15%) thereof and/or collection fees. 8. This Credit Application and any transactions pursuant thereto shall be governed by and construed in accordance with the laws of the commonwealth of Pennsylvania. 9. Applicant agrees to provide Quality Roofing Supply Co., Inc. with written notice of any change in Applicant's name, address, ownership or form of business entity. 10. Applicant hereby authorizes Quality Roofing to contact any bank, credit or trade reference to verify the Applicant's credit standing and/or assets and hereby authorizes those parties to release all pertinent information to Quality Roofing. By signing below, each undersigned individual acknowledges that he or she has read the terms and conditions above and that he or she understands that those terms and conditions have legal consequences to the Applicant. Relationship to Applicant: (SEAL) By: Relationship to Applicant: (SEAL) GUARANTY In consideration of the credit which has been or which may in the future be extended to Applicant, and pursuant to the Terms and Conditions contained in the Credit Application and Agreement, each undersigned hereby personally guarantees the prompt and full payment of all amounts now or hereafter owing by Applicant to Quality Roofing. Each of the undersigned further agrees that the foregoing guaranty is continuing, absolute and unconditional and may be enforced against any of the undersigned individually, Jointly or in any combination, without first proceeding against Applicant. Each of the undersigned waives any right to be released by reason of any extension of time or.change in terms of payment and any other defense now or hereafter available, except the defense of payment. By signing below, each undersigned Individual acknowledges that he or she has read the Terms and Conditions above, that he or she understands that these Terms and Conditions have legal consequences both to the Applicant and to the undersigned individually and that he or she agrees to be bound thereby. SIGNED: SIGNED: DATE: ' ' Do Not Write Below Thl.~ Line--For Office Use Only D&B RATING CREDIT LIMIT TERMS Salesperson Credit Manager. ACCEPTED: QUALITY ROOFING SUPPLY CO. INC. By Manager Title QPlease direct billing in~luiries to: Quality Roofing Supply Co.. Inc. Corporate Office 2890 Hernpland Road ~O._uAI IT/ ~ Lancaster, PA 17601 800-§52-60E0 www. q u alityroofingsu pply. com EENTER¥ILLE CLALITY RCCFIAG SLPP P-C* ECX 62C836 CCLC CREEK RCCFIkG Ah£ CR LETCR! COKSTRLCTICK I~C. 50 L[STeURN RCAC CARLISLE, PA 1~C13 STATEMENT ~eotl~ rvil~eg ~ PA J~00-582-6060 MechanJcsburg, PA 800-896-1090 Reading, PA 800-641-2850 Lewes, DE 800-324-5792 New Castle, DE 800-544-3704 A - DISCOUNT F - RNANCE S -SERVlCE ALLOWED CHARGE CH:,';GE ii C -CR MEMO I - INVOICE W-WR;TE OFF D-DRMEMO P-PAYMENT U-UNAFFUEDCASH ALL SALES ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE ON THE REVERSE SIDE 13517(: 135513 17(:13 5C3C557 5C3C795 SC31C~q SC31164 5C31250 lC/2e/qg lc/2e/gc; 1/25/cc **//3 l/cc 6/31/cc §/3c/cc ]c/31/cc 11/3c/cc to ,/o, 1.28'i'.gC 144.1C 144.1C 83.52 7(: oC2 76,C2 II. LINC 15 NCk THRU PCI~TH EKE - CE£UCT DISCCLI~T CI~ '~t£E-CNLY - PLEASF RF.~TT ~;TI,B ~;Tk P6YNI:I~T 3,4qC.3] 4,77E .21 5~.C68.C3 5,212.13 5,51~o7'~ 5,5(;1.7c. DONALD HOLLINGWORTH, hereby verifies that he is Corporate Credit Manager for QUALITY ROOFING SUPPLY COMPANY, INC., and that he makes this Verification on its behalf, and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 PA. C.S.A. S4904, relating to the falsification of unsworn statements to authorities. ~~ DONALD HOLLI Date: SHERIFF'S RETURN - CASE NO: 2001-06582 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND QUALITY ROOFING SUPPLY VS LETORT CONSTRUCTION INC A/K/A REGULAR KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LETORT CONSTRUCTION INC A/K/A COLD CREEK ROOFING COMPANY the DEFENDANT , at 1620:00 HOURS, at 50 LISBURN ROAD CARLISLE, PA 17013 BETSY SWEARINGEN, SEC on the 30th day of November , 2001 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the Additional Comments LETORT CONSTRUCTION INC IS NO LONGER IN BUSINESS. contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /~ day of A.D. IP~othonotary ' ' ' So Answers: R. Thomas Kline i2/o3/2oo1 EDWARD FLAIL JR EDWARD N. FLAIL, JR. Attorney I.D. No.: 10049 130 West Lancaster Avenue P.O. Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY : NO. 01-6582 COMPANY, INC. Ve LETORT CONSTRUCTION, INC., a/k/a Cold Creek Roofing Co. PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE OFFICE OF THE PROTHONOTARY: Enter judgment against in favor of Plaintiff and against Defendant, LETORT CONSTRUCTION, INC., a/k/a Cold Creek Roofing Company, under Pennsylvania Rule of Civil Procedure 1037 for failure to file an Answer to the Complaint, and assess damages as follows: Debt from Complaint Interest from 12/1/01-1/1/02 TOTAL $7,633.49 38.16 $7,671.65 I hereby enter Judgment and assess damages as above. OFFICE OF THE PROTHONOTARy EDWARD N. FLAIL, JR. Attorney I.D. No.: 10049 130 West Lancaster Avenue P.O. Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY : NO. 01-6582 COMPANy, INC. Ve LETORT CONSTRUCTION, INC., a/k/a Cold Creek Roofing Co. CERTIFICATION OF SERVICE I, EDWARD N. FLAIL, JR., Attorney for Plaintiff, do hereby certify that a copy of the Rule 237.1 notice was served upon Defendant, LETORT CONSTRUCTION, INC., also known as Cold Creek Roofing Company, via first class mail, postage pre-paid on December 21, 2001. A true and correct copy of notice is attached hereto and marked Exhibit "A". Date: EDWARD N. FLAIL, JR. Attorney Number 10049 130 West Lancaster Avenue Post Office Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY COMPANy, INC. NO. 01-6582 LETORT CONSTRUCTION, INC., : also known as Cold Creek Roofing Company : TO: LETORT CONSTRUCTION, INC., also known as Cold Creek Roofing Company 50 Lisburn Road Carlisle, PA 17013 ADDRESS CORRECTION REQUESTED DATE: December 21, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOUMAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 EDWARD N. FLAIL, JR. Attorney for Plaintiff EXHIBIT, EDWARD N. FLAIL, JR. Attorney I.D. No.: 10049 130 West Lancaster Avenue P.O. Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANiA CIVIL ACTION QUALITY ROOFING SUPPLY : COMPANY, INC. 2890 Hempland Road : Lancaster, PA 17601 NO. 01-6582 LETORT CONSTRUCTION, INC., : a/k/a Cold Creek Roofing Co. 50 Lisburn Road : Carlisle, PA 17013 CERTIFICATION OF ADDRESSES I certify that the addresses of the within judgment creditor and judgment debtor are as listed above. EDWARD N. FLAIL, JR. Attorney I.D. No.: 10049 130 West Lancaster Avenue P.O. Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY : NO. 01-6582 COMPANY, INC. LETORT CONSTRUCTION, INC., a/k/a Cold Creek Roofing Co. TO: LETORT CONSTRUCTION, Roofing Company 50 Lisburn Road Carlisle, PA 17013 INC., also known as Cold Creek ADDRESS CORRECTION AND FORWARDING REQUESTED Notice is hereby given that a judgment in the above-captioned matter has been entered against you on , 2002. OFFICE OF THE PROTHONOTARy If you have any questions concerning the above, please contact: EDWARD N. FLAIL, JR. Attorney for Plaintiff 130 W. Lancaster Ave. P. O. Box 507 Wayne, PA 19087 (610) 964-1600 EDWARD N. FLAIL, JR. ATTORNEY NUMBER 10049 130 WEST LANCASTER AVENUE POST OFFICE BOX 507 WAYNE, PENNSYLVANIA 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY COMPANY, INC · V. LETORT CONSTRUCTION, INC. , a/k/a Cold Creek Roofing Co. : NO. 01-6582 ORDER TO SATISFY TO THE OFFICE OF THE PROTHONOTARY: Kindly mark the Judgment, "Satisfied" as to Defendant, LETORT CONSTRUCTION, INC., a/k/a Cold Creek Roofing Co., upon payment of your costs only.