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Home My WebLink About04-1655Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff SURFACE PREPARATION TECHNOLOGIES, INC. 81 Texaco Road Mechanicsburg, PA 17055, Plaintiff G&G CONTRACTING 55-23 Flushing Avenue Maspeth, NY 11378 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ATLANTIC MUTUAL INSURANCE COMPANY 3 Geralda Farms Madison, NJ 07940-1004 AND GARY PLANKEN 100 Oswego Avenue Long Beach, NY 11561, Defendants 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 entedng 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, 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043..0109 (717) 7614540 Attorneys for Plaintiff SURFACE PREPARATION TECHNOLOGIES, INC. 81 Texaco Road Mechanicsburg, PA 17055, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW G&G CONTRACTING 55-23 Flushing Avenue Maspeth, NY 11378 ATLANTIC MUTUAL INSURANCE COMPANY 3 Geralda Farms Madison, NJ 07940-1004 AND GARY PLANKEN 100 Oswego Avenue Long Beach, NY 11561, Defendants AVISO USTED HA SIDe DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se pmsentan mas adelante en las siguientes paginas, debe tomar acci6n dentin de los pr0ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o per medio de un abogado una compamcencia escrita y radicando en la Corte per escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acoi6n como se describe anteriormente, el case puede preceder sin usted y un fallo per cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado per el demandante puede ser dictado en contra suya per la Corte sin mas aviso adicional. Usted puede perder dinem o propiedad u otros detaches importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR PeR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVIClOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 & Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SURFACE PREPARATION TECHNOLOGIES, INC., Plaintiff V. G&G CONTRACTING, ATLANTIC MUTUAL INSURANCE COMPANY, and GARY PLANKEN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW COMPLAINT AND NOW, this day of Apdl 2004, comes Plaintiff SURFACE PREPARATION TECHNOLOGIES, INC., by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this civil complaint against Defendants G&G Contracting, Atlantic Mutual Insurance Company and Gary Planken, averring as follows: 1. The Plaintiff, Surface Preparation Technologies, Inc., is a Pennsylvania corporation with a place of business at 81 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, G&G Contracting (hereinafter "G&G"), upon information and belief, is a New York corporation with a place of business at 55-23 Flushing Avenue, Maspeth, New York 11378. 3. The Defendant, Atlantic Mutual Insurance Company (hereinafter "Atlantic Mutual"), upon information and belief, is a corporate surety with a place of business at 140 Broadway, New York, NY 10005. 4. The Defendant, Gary Planken (hereinafter "Planken"), upon information and belief, is an individual with a residential address of 100 Oswego Avenue, Long Beach, NY 11561. 5. At all times matedal to the activities which give rise to this complaint, Planken was the principal owner of G&G. 6. At all times material to the transaction, Plaintiff was engaged in the business of surface preparation services in Cumberland County, Pennsylvania. 7. Plaintiff agreed to perform surface preparation services including shot blasting for G&G on the project at the United States Postal Facility located at 341 Ninth Avenue, New York, NY 10199. A true and correct copy of G&G's executed acceptance of the Plaintiff's proposal is attached hereto and incorporated herein as Exhibit "A." 8. This Court has jurisdiction over the matter, as G&G and Planken purpose~ly and voluntarily sought the services of Plaintiff at Plaintiff's corporate office in Cumberland County, and the terms of the agreement were negotiated and effected at Plaintiff's corporate office. 9. On or about August 7, 2002, Planken executed a personal guaranty in consideration of credit being extended by the Plaintiff, which guaranteed the faithful payment by G&G of all accounts due and owing to Plaintiff on the contracts. A true and correct copy of the personal guaranty is attached hereto and incorporated herein as Exhibit "B." 10. Atlantic Mutual issued Bond No. 447-408603 in connection with the United States Postal Facility project, binding itself jointly and severally with the principal for payment up to the sum of $1,077,000.00. 11. Upon information and belief, the United States Postal Service required the labor and material bond for this construction project solely for the protection of claimants such as the Plaintiff who supply labor or materials to the project. 12. Plaintiff has fully performed all of its obligations under the aforesaid agreement. 13. Pursuant to the aforesaid agreements, Plaintiff invoiced G&G in the amount of $9,374.85. True and correct copies of the aforesaid invoices are attached hereto as Exhibit "C" and "D." 14. Pursuant to the invoices, Plaintiff credited the amount of $300.00 to G&G on the amount due to the Plaintiff. 15. The amount credited by the Plaintiff brings the unpaid principal balance to $9,074.85. 16. Payment was required to be made at Plaintiff's office in Mechanicsburg, Cumberland County, Pennsylvania. 17. G&G is in breach of the aforesaid agreement in that it has failed to pay the aforesaid amounts or any part thereof. 18. On August 11, 2002, and again on October 8, 2002, an authorized agent of G&G signed a work agreement verifying that the Plaintiff satisfactorily performed and supplied all materials as required under the subcontract, and agreed to the service charge with an annual rate of eighteen percent (18%) on any past-due balance as well as reasonable attorney fees for the collection of any past-due balance. True and correct copies of the aforesaid work agreements are attached hereto and incorporated herein as Exhibits "E" and "F." 19. The usual and customary charges for attomey fees which Plaintiff incurs in cases of this magnitude, and the amount incurred thus far in this case, equals twenty percent (20%) of the amount due. 20. Plaintiff is entitled to judgment against G&G in the amount of $13,795.21, calculated as follows: Unpaid Principal Balance Interest at the Rate of 18% per annum on Invoice dated 08/15/02 (from 09/14/02 through 04/13/00) interest at the Rate of 18% per annum on Invoice dated 10/17/02 (From 11/16/02 through 04/13/04) Attorney Fees (20%) TOTAL $ 9,074.85 $ 1,084.76 $ 1,336.40 $ 2,299.20 $13,795.21 21. Plaintiff has made demand upon G&G for the sums in default, but G&G has refused and failed, and continues to refuse to pay the same or any part thereof. 22. The amounts charged by the Plaintiff in their invoices for materials, services, and supplies were reasonable and were agreed to by G&G and its authorized agents. 23. Due to the failure and refusal of G&G to pay the balance due and owing to Plaintiff, Atlantic Mutual is contractually obligated to make the payment of $13,795.21, in accordance with the provisions of the payment bond issued by Atlantic Mutual. COUNT I BREACH OF CONTRACT Surface Preparation Technologies, Inc. v. G&G Contracting 24. Plaintiff incorporates the averments of paragraphs 1 through 23 as if fully set forth herein, 25. G&G's willful failure to pay Plaintiff for services and materials provided constitutes a breach of contract between Plaintiff and G&G. WHEREFORE, Plaintiff demands judgment against G&G Contracting in the amount of $13,795.21, together with costs and interest from April 13, 2004. COUNT II IN QUANTUM MERUlT Surface Preparation Technologies, Inc. v. G&G Contracting 26, Plaintiff incorporates the averments of paragraphs 1 through 25 as if fully set forth herein. 27. Plaintiff fully performed shotblasting services for G&G pursuant to G&G's requests, 28. Plaintiff confen'ed a material benefit upon G&G upon the promise of G&G to pay the reasonable value of Plaintiff's services. 29. G&G authorized all work performed by Plaintiff. 30. Plaintiff expected remuneration from G&G at the time of the performance. 31. G&G was aware that Plaintiff expected payment for Plaintiff's services. 32. Despite demand by Plaintiff for payment for Plaintiff's services payment has not been received. 33. G&G's failure to make payment resulted in G&G's unjust enrichment. 34. The value of the aforesaid services (less payments made) equals $9,074.85 (plus costs, interest and attorney fees) as set forth on Plaintiff's invoices. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $13,795.21, together with costs and interest from April 13, 2004. COUNT III BREACH OF CONTRACT Surface Preparation Technologies, Inc. v. Gary Planken 35. Plaintiff incorporates the averments of paragraphs 1 through 34 as if fully set forth herein. 36. Plaintiff relied on the personal guaranty executed by Planken and, in the absence of Planken's guaranty, Plaintiff would not have entered into the subcontract to provide services and materials to G&G. 37. G&G owes to Plaintiff the amount of $13,795.21, the sum owed remains unpaid despite demand having been made therefore. 38. Plaintiff has made demand upon Planken for payment of the sum due and owing, however despite Plaintiff's demand, G&G and Planken have failed to pay. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $13,795.21, together with costs and interest from April 13, 2004. COUNT IV BREACH OF CONTRACT Surface Prepar~ion Technologies, Inc. v. Atlantic Mutual Insurance Company 39. Plaintiff incorporates the averments of paragraphs 1 through 38 as if fully set forth herein. 40. The invoices for services and materials cited herein were delivered to the job site for the project, upon which Atlantic Mutual issued the payment bond. 41. The amounts charged by the Plaintiff in its invoices were reasonable and were agreed to by G&G and its authorized agents, 42. Despite the repeated oral and written demands of Plaintiff for payment of materials and services provided on the project, G&G has failed and refused to pay the amount due and owing to Plaintiff. 43. Due to the failure and refusal of subcontractor to pay the balance due and owing to Plaintiff, , Atlantic Mutual is contractually obligated to make payment in the amount of $13,795.21 in accordance with the provisions of the payment bond issued by Atlantic Mutual, 44. Atlantic Mutual has refused to make payment to Plaintiff despite Plaintiff's demands, WHEREFORE, Plaintiff demands judgment against Atlantic Mutual in the amount of $13,795.21, together with costs and interest from April 13, 2004. :226868 Respectf[~ly submitted, JOHNS(~N, DUFFLE, STEWART & WEIDNER Wade D. Manle/' f / Attorney I.D. N~. 87211,4,~ 301 Market Street P.O. Sox 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorneys for Plaintiff VERIFICATION I, H. Matt Johnson, President of Surface Preparation Technologies, Inc., state that I am authorized to make this Verification on its behalf, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. {}4904, relating to unswom falsification to authorities. Date: SURFACE PREPARATION TECHNOLOGIES, INC. 81 Texaco Rtl., ivleC)anl~urg, PA ~7050-2664 Pnone; 171 ?169% 1450 F,~(: 1717J 697-O8 ~ 3 August 7, 2002 G & G Con~a~ng Gary 55-23 Flushing Ave, Maspeth, NY 11378 RE: 2ge Street & 9e Ave., NYC Quantity: Shotblast approx. 69,000 SF D~ar Mr, Ga~y: FAX: 718-3B6-0377 Please accept this Jatter as our Proposal to provide shofblasfing services on the above referenced project. The price of $0.15/SF includes the following: The necessary equipment,/abet and materials to silotbtast ali designa~d areas that are physically accessible to our ride-on equipment. Areas not accessible normally include approximately 8 to 12 inches along COlumns, walls and approximately a 4 ff x 4 ff area in comers; I_abor to place debris in an area in cl~e proximity to the work sit~. Surface Preparation Technologies, Inc'$. (SPT) equipment dumps directly onto the ground from the rear of the machines. Labor and equipment to recover array abrasive not vacuumed by the machines; ami Two mobilizations of two men and two machines to provide a light showiest of approximately 6g,000 S.F, in preparation of a new coating. The price of $0.15/SF excludes the following: Edging. Cleaning ames inaccessible to put ride-on equipment; and Handling or disposal of generated debris. A container for the disposal cf generated debris. Any concessions on behalf of our non--union operators. SPT's shol~)lasfing operation vacuum re,overs all generate~l debris as well as any rnabarlal or debris on the deck. Bolts, nails, gravel, electrical box knocto3uts, etc. plug up and possibly damage SPT's equipment Decks shouJd be free of'debris prior to 8PT's arrival SPT's ctsan up rate or delay rate is $ 50.00 per hour and will be applied whenever work areas em not properly =leaned and ready. Please let me know if you have any questions. We apprec/ate the opportunity fl3 quote on this project General Manager, Seles Accepted By:. Printed Name and TitJe~ G & G CONTRACTING S5.~-~ FLU~iI..I'ING AV~.. · MASPETI..I, t41~W YO~.K · ~.~.378 Pi~IONE: (718) 937-9480 - FAX: (718) 386-0377 [] URGENT PLEASE COMMENT 'x~E REPLY Exhibit B CREDIT APPLICATION How Applied: Phone~ In Person [] Mail [] Tal(er~ By Line of Credit Reclueste~d $ Present Balance (c~y) O ~St~e] 'Cz.~ Coae) Shipping Address ~'~h'L'~ DIBIA Former Busines~s Addrees (if AppJicabie) FEDERAL TAX I.D. NUMBER / ¢;7 Does State, County or City require a License? Yes ~1 No [] If Yes, license OWNERSHIP: I~ Sole Owner [] Partnership PRINCIPAL: PRINCIPAL: (Hama Address) PRINCIPAL: TRADE REFERENCES: NAME BANK' REFERENCE: E] Checkin§ [] LDan' NO. of Employees /.~1 Est. Annual Sales $ Hes the firm or any cfi i'is Principals ever been bankrupt? If yes, Explain: [] Savings (~ ~ ~les Area Yes ~ Mortgage HoideffLandlord Address OTHER BUSINESS DEBTS NAME ADDRESS Phone BALDUE Person to Contact About Account: (Name) Type of Credit Agreement The undersigned ~i[I/v~ll not submit a financial statement. Any mismp~=nfation in this application w~ll be considered evidence ~ fraud, since this information is the basis for the granfln9 of ,~redlt, As an inducement to grant credit, the undersigned warrants that the informatior~ submitted is tTue and correct. You are authorized t~ investigate ~e credit references listed. (Name) PERSONAL GUARANTEE In consideration of credit being extended by ~ n'f'~ P, q',~,'ht ;no T~"b'nln~.'.~, Tm . to the above ne, ~med applicant for merchandise to be purchased whether applicant be an individual er indivieusls, a proprietorship, a pad:nershlp, a corporation, er other entity, the undersigned guersntor or guarantors each hereby contract and guarantee to ~ n-f'~ ~.~.~-~fin.~ T~-~-,-,,lq3~, ICC,, the faithful peyme~, when due, of all a~counts of said applicant for the pumhe~es made within five years next alter the date of thi~ application. T~e undersigned guarantor or guarent~m each hereby expressly waive all notice of a~ceptance of thi~ guarantee, notice of extension of credit to a[D~icant, present~nent, and demand for payment nn applicant, protest and notice to undersigned guaranter ar guarantors of dishonor or default by aDplicant or with respect tn any security held by Surface Pm0amtJJ~ T~:~ml~/u~s, Irc., extension of time of payments to apl~ticant, acceptance of partial payment er partial compromise, all othe~ notices to which the undersigned guarantor or guarar~tors might otherwise be entitled arid demand for p~yment under this guarantee. Absent written permission by c~ed~tor, this THIS SECTION HUS'I BE SIGNED TO RECEIVE CREDIT ...... C:REDIT DEPARTMENT USE ONLY Date Line of Credit Approves Line of Credit Denied COM~JllENTS: Exhibit C I~OICE INVOICE NO. DATE PURCHASE ORDER NUMBER DATE ORDERED PAYMENT DATE ~AI.~SPERSON RE*F~RENCE N~ VlCqSAG;' Exhibit FIVOICE INVOICE NO. DAT~ ~OLD PURCHASE ORDER NUMBER DAT~ ORDERED PAYMENT DATE 'FERMS REFERENCE DESCRIPTION NOTES Exhibit E Exhibit F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Shaull Equipment Supply Co Vs. Charles Wolaver,Jr/ Wolaver Plumbing ( ( ) Other File No. Amount Due Interest Atty's Comm Costs ) Confessed Judgment 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 for debt, inte~st and costs, upon the following described property of the defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION County, Issue writ of attachment to the Sheriff of Cumber land 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) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). Date defendant(s) described in the attached exhibit. q/ / q/ ~/ Signature: Print Name: Address: (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the ~hn W. , Sr. Purcell 1719 North Front Street Harrisburq, PA 17167-2392 Attorney for: Shaull Equipment & Supply Co. Telephone: 717-737-6731 Supreme Court ID No.: 07108 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P, No. 3129). If lengthy personalty list, supply four copies of fist. To index writ, file separate praecipe with writ, f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 04-1665 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SHAULL EQUIPMENT & SUPPLY CO, Plaintiff (s) From CHARLES WOLAVER, JR.,/WOLAVER PLUMBING, 1 CENTER STREET, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL AND BUSINESS 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 $4,420.65 Interest Atty's Comm % Arty Paid $2.50 Plaintiff Paid $34.25 Date: APRIL 20, 2004 (Seal) REQUESTING PARTY: Name JOHN W. PURCELL, SR., ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17167-2392 Attorney for: PLAINTIFF Telephone: 717-737-6731 Supreme Court ID No. 07108 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy SHERIFF'S RETURN - CASE NO: 2004-01655 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SURFACE PREPARATION TECHNOLOG VS. G&G CONTRACTING ET AL U.S. CERTIFIED MAIL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,PLANKEN GARY , by United States Certified Mail postage prepaid, on the 19th day of April ,2004 at 0000:00 HOURS, at 100 OSWEGO AVENUE LONG BEACH, NY 11561 , a true and attested copy of the attached COMPLAINT & NOTICE Together with , The returned receipt card was signed by GARY PLANKEN 04/22/2004 Additional Comments: on Sheriff's Costs: Docketing 6.00 Service 5.57 Affidavit .00 Surcharge 10.00 .00 21.57 So answ~ :/_..~ ~=_~ R. Thomas Kline Sheriff of Cumberland County Paid by JOHNSON DUFFIE STEWART WEIDNER on 05/11/2004 Sworn an~subscribed to before me SHERIFF'S RETURN CASE NO: 2004-01655 P COMMONWEALTH OF PENNSYLVANIA COI/NTY OF CUMBERLAND SURFACE PREPARATION TECHNOLOG VS. G&G CONTRACTING ET AL CERTIFIED MAIL R. Thomas Kline Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,G&G CONTRACTING , by United States Certified Mail postage prepaid, on the 19th day of April ,2004 at 0000:00 HOURS at 55-23 FLUSHING AVENUE MASPETH, NY 11378-1004 a true and attested copy of the attached COMPLAINT & NOTICE Together with , The returned receipt card was signed by 00/00/0000 Additional Comments: ENVELOPE WAS RETURNED TO SHERIFF'S OFFICE. REASON FOR RETURN WAS "OTHER". Additional Comments Sheriff's Costs: Docketing 18.00 Service 5.57 Affidavit .00 Surcharge 10.00 .00 33.57 on R. Thomas Kline Sheriff of Cumberland County Paid by JOHNSON DUFFIE STEWART WEIDNER on 05/11/2004 Sworn an~_subscribed to before me this/~day of ~- ~/ Proth6notary w SHERIFF'S RETURN CASE NO: 2004-01655 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SURFACE PREPARATION TECHNOLOG VS. G&G CONTPJICTING ET AL CERTIFIED MAIL R. Thomas Kline , Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law served the within named DEFENDANT ,ATLANTIC MUTUAL INSURANCE , COMPANY by United States Certified Mail postage prepaid, on the 19th day of April ,2004 at 0000:00 HOURS, at 3 GERALDA FARMS MADISON, NJ 07940-1004 , a true and attested copy of the attached COMPLAINT & NOTICE Together with , The returned receipt card was signed by SIGNATURE 04/26/2004 Additional Comments ILLEGIBLE on Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 5 57 00 10 00 00 21 57 R. Thomas Kline Sheriff of Cumberland County Paid by JOHNSON DUFFIE STEWART WEIDNER on 05/11/2004 Sworn an~L~subscribed to before me this~__~ay of ~. ~..- rot onota=y - Johnson, Duffle, Stewart & Weidner By: Wade D. Manley I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SURFACE PREPARATION TECHNOLOGIES, INC. 81 Texaco Road Mechanicsburg, PA 17055, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-01655 CIVIL ACTION - LAW G&G CONTRACTING 55-23 Flushing Avenue Maspeth, NY 11378 ATLANTIC MUTUAL INSURANCE COMPANY 3 Geralda Farms Madison, NJ 07940-1004 AND GARY PLANKEN 100 Oswego Avenue Long Beach, NY 11561, Defendants PRAECIPE TO SETTLE AND DISCONTINUE AND NOW, this ~.~"~ day of May, 2004, please mark the above-captioned action settled and discontinued against all Defendants, including all counterclaims and crossclaims. :229578 JOHN/SON, DUFFLE, STEWART & WEIDNER Wade D. Mafiley/~ ) Attorney for Plai ti~ DISCONTINUANCE CERTIRCA TF AND NOW,~ suit has been marked as above dire~ed. CERT. rF_rCA TE OF SERV_rCE AND NOW, this ~,~L~ day of May, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first ctass postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Michael J. Hurley Assistant Vice President - Surety' Claims Atlantic Mutual Insurance Company Three Giralda Farms Madison, New Jersey 07940-1! 004 :229578 JOHNSON, DUFFLE, STEWART & WEIDNER [,. Debor~ J. ~L~man