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09-1018
ROBERT D. KODAK, ESQUIRE KODAK & IMBLUM, P.C. 407 N FRONT STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7159 Attorney for Plaintiff INDUSTRIAL PIPING SYSTEMS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff Cumberland COUNTY, PENNSYLVANIA v NO. CA- 1018 berm A.D.D. ENTERPRISE, INC. Defendant(s) CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparencencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LISTED 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 POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 INDUSTRIAL PIPING SYSTEMS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff Cumberland COUNTY, PENNSYLVANIA v NO. l? 9 - 0 / Gav ; ??ln? A.D.D. ENTERPRISE, INC. Defendant(s) CIVIL ACTION - LAW COMPLAINT The Plaintiff, INDUSTRIAL PIPING SYSTEMS, INC., by its attorneys, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of FIVE THOUSAND THREE HUNDRED SEVENTY-NINE DOLLARS AND SEVENTY- EIGHT CENTS ($5,379.78), along with interest thereon at the statutory rate from February 1, 2008, upon a cause of action of which the following is a statement: 1. The Plaintiff, INDUSTRIAL PIPING SYSTEMS, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 1250 Toronita Street, York, Pennsylvania 17402. 2. The Defendant, A.D.D. Enterprise, Inc., is a corporation having its office and place of business at 2116 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, A.D.D. Enterprise, Inc., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania as more fully set forth on the Pennsylvania Department of State Corporation Bureau print out attached hereto, F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\INDUSTRIAL PIPING 34066.wpd 2 marked Exhibit "A" and made a part hereof. 4. On or about December 15, 2005, Defendant submitted a Credit Application to Plaintiff, which credit was granted to Defendant, a true and correct copy of which is attached hereto, marked Exhibit "B" and made a part hereof. 5. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs Statement of Account hereto attached, marked Exhibit "C" and made a part hereof, Plaintiff, at the special instance request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of Three Thousand Two Hundred Twenty-Seven Dollars and Eighty-Seven Cents ($3,227.87). 6. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant promised and agreed to pay to Plaintiff. 7. Due to the default of Defendant, and pursuant to the terms and conditions of the Credit Application executed by Defendant hereto attached as Exhibit "B", attorney's fees in the total amount of Two Thousand One Hundred Fifty-One Dollars and Ninety-One Cents ($2,151.91) have been added to said account, thereby creating a balance due and owing of Five Thousand Three Hundred Seventy-Nine Dollars and Seventy-Eight Cents ($5,379.78). F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\INDUSTRIAL PIPING 34066.wpd 3 8. On or about January 2008, the Defendant paid to Plaintiff on account of the aforementioned charges the sum of One Thousand Dollars ($1,000.00), thereby reducing the balance due and owing by Defendant to Plaintiff to Four Thousand Three Hundred Seventy-Nine Dollars and Seventy-Eight Cents ($4,379.78). 9. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 10. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of FIVE THOUSAND THREE HUNDRED SEVENTY-NINE DOLLARS AND SEVENTY-EIGHT CENTS ($5,379.78), together with interest as set forth herein. Respectfully submitted, KODAK & IMBLUM, P.C. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7159 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBIN\CCP&DJ CMPS\CCP COMPLAINTS\INDUSTRIAL PIPING 34066.wpd 4 Business Entity Page 1 of 1 Corporations Online Services I Corporations I Forms I Contact Corporations I Business Services Search By Business Name By Business Entity ID Verify Verify Certification Online Orders Register for Online Orders Order Good Standing Order Certified Documents Order Business List Mylmages Search for Images Business Entity Filing History Date: 1/30/2009 (Select the link above to view the Business Entity's Filing History) Business Name History Name Name Type A.D.D. Enterprise, Inc. Current Name PA Close Corporation - Dom estic - Information Entity Number: 570271 Status: Active Entity Creation Date: 1/3/2006 State of Business.: PA Registered Office Address: 203 Redwood St Harrisburg PA 17109 Mailing Address: No Address Officers Name: A DERR Title: President Address: 203 REDWOOD STREET HARRISBURG PA 17109-22 Home I Site Map I Site Feedback I View aS Text Only I Employment 4 ?grt4YQ?l? U PA's Home Copyright m 2002 Pennsylvania Department of State. All Rights Reserved. Commonwealth of PA Privacy Statement https://www.corporations.state.pa.us/CO EXHIBIT 1/30/2009 . 11-29-'07 11;51 FROM-IPS - York Branch VW 91 r CREDIT APPLICATION MM Fsx 00 C?+edt Wpxtlmrnt (71 7) ?1 . ? Bt1A1NM8 or C low NiMAB ?F G! 1 Strea Addrea snap to Addra m , CITY / Stab / Zip 7178461043 T-323 P004/004 F-514 ? ? J ? ro uw ' D tlbrk addANW. 1•r? 11 /oil 6JO5-- ?. DeLle ??_.... rw(jr) r Fax S (1 rl ) 1 jam,; Compaq %vabO : Her h 0WROW C or OFFXXM Alfa ss, PWA Jnf. Dar, rn>! Rrnlftt No JOIN Nemt? Sall Nam T? !s JOWA Name 88M COMPANY hNFORMATION:? 0opfm8etional 8trtif Wm: ,WCorpor tW Q ? Perb whip OWS o07 rahl o Dertw Busbaas Started r l-!? (IA011lh1hl/ Purdteees .slG.r. PlIM '-RW gyps of Bushmem - whltt Is Principal A43tiVity'? Purchase Older PAgi*W- JU%m ONo How would A Wks to remWe ywr involcara? 1 aW t/ tdlU 13wM WW pWMardo be MOO by EFT? GYWO 9A6 Fa>M or Efla9 aWress (--7m y 1 1-1/" CoMeat for EFT Do you require • efatenle it 1 Vbs No ? fm O wd Phone Fax Fmf or En l addlwe , , ,?O lly J Do you cialm mwnpbm mart State Salve TWO tlYbe XNO Tint Exempt N (/peach osrdRem a} BANK WOW" Name 1 "I `t' i t'?1 ill. -1w, . Address + Telephone City / am" / np Acom" S 8LMNM FWPW8NCW (Phme list at low am PlumbMy Supply House, M possible) t OMPNW NAME ADDW w..ooorl PFIONE W. waq AAX Wfu Ow WmW an mmm e"frdrRirarr or wipMwprrerra?a? "W art MM"atthwa tkwm w vjwm totlw rnd ewlw* ohm swap &" k M A~ mew or.hW?ir?wtir??r,Irra and mr.rMenwretduakrratr,nar?arp daoAtdrdrrbn,InwkMantaN.prwdeiifo?R,wMkrbw?a?lYt?.rMwoaryr?yina?pra?rkoN: 71wrMOanrkeaMansagMi rt+wppmdwm?gownwwvr Wbwkdbn Mnrdlwl! wrA N ladiwdrew dewnMpodwshsowadrsrtlhtlwensrhpMmtl+nkM?eioaMbwrlespetdw•ebs&*dtoamFAm~dllatfpal:::ama?hr WftdtefL SM04ATURE OF OWNER MPKIBR -,ee Titlea oats o av `10111! SW&beik ?_ . INDUSTRIAL PIPING SYSTEMS, INC. YORK LANOA&M = in FEW 1250 Tmwfm 11"a 130O Low ltod 1309 D" 1? Valk, PA 17402 L MOM W, PEA 17601 tii?wwoprrt, M 1770E www ipopips em (717)140.7473 - (SOO) 347-440 (717) 672-0727 (570) 526,303 • (Soo) 0661411 XA* (717) ft4d4MS )?AX: (717) 672-W30 FAX J576)126-3122 T/T'd S£009ts6LT2.=01 6£69-U9-LTL-T 3SI2&GIN3 a0ti:WWl dt?S-se sew-6T-a3o EXHIBIT Industrial P.systems 1250 Tory n Y???kPA 17432 717 7472 BILL TOt A . D . D . E:NT$RPRT S E, INC. P.O. HOC 4770 HARRISBURG, PA 17111 St4temn't Dote 34lewAn term 12/11/07 Suzanne Schrum CASH ON DELIVERY RfM IT TO: Industrial Piping Systems 1250 Toronita St. York, PA 17402 Phone 717-939-7960 PAGE 1 OF 2 customer Nudger 14354 Line Date rpygicef CU6t P0# Invoice AMt Paym nt ANt Amo%Mt Due C UtR Balaagg 1 091 27/ 07 81652455 fl02 SAV A, _-LOT -62•37 -62.37 62.37 _ 4 16 40-_16 `22.21 _ 2 3 08/ 081 07 07 S2645012,001 CM;$%NBS TRM 164 284.0 2 t 82.3 92,34 0.13 Imm fiR 2 85.32 .45 6 76 76.62 222.07 . 08/ 13/ 07 S16456Q a . 14 46 46,14 268.21 6 Q81 16/ 97 61646314,001 CHRISTN" TREE , 473 7 08 i t'[` 125 78 1'15.7- 549.35 8 081 17/ 07 $1646S74,001 AU tssAM _ 9 08 /17 /07 61646624 001 BANNA REPUBLIC 49.61 89.61 638,96 88 137. 6 776.84 10 08 121 /07 51647105 jni =ICZ iw 1?7 87 28 20 71 11 08 122 /07 S1647331.0 . 10 8 81 813 12 08 /23 /07 47488.001 CIiMtISTM M EE S 16 8,10 . . 13 08 /30 /07 , , 81648334.02 CHRISTM9M3 TRM SH 255J4 255,;,64 11069.45 14 09 104 107 51649173 001 CHRISTMS %= 51.54 51.54 1,120.9.9 15 _ 09 105 /07 61642&01.00,1 g1mr$Tw TRSB SK 524 95 524.95 1,645.94 16 09 10S /07 S1,649301,002 CHRISTMRA& TRW SM 99.32 89-32 1,735.26 20 09/06/07 51§49721,001 CIMI$rTMRA9 THCB 10.2116 10 36 1,807.62 21 09/07/07 S1649951-001 XW THEN SHOP 23.53 23.53 1.831.15 02/10/07 S16 008 001 94 82.74 1 9 3.89 23 09110107 81650083 002 BAW-AM, INKML1C 10142 -141.10 2, 056.99 26 0 911 107 S1630324,901 CMIS2fi M TWO SH - 20.35 20-35 3.23.3.04 27 _ og/13 /07 S1630091.001 - 14,J54, 14,54 2,227.58 26 09117 107 1165032J.001 X MAS TRRS 833OPS A28,13 528.13 2,755,71 29 09/18 /07 51651428001 CHRISTMA TMM SH 18.80 18 80 2.774.51 30 09/19 /07 926S1777.001 SAV A Z?t7T 6 38 6.38 2.780.89 31 99124 /07 1 SAV A LOT 260.31 41.70 32 09124 107 81652518.0 SAVE-A-1= 60 5$ 6058 3,102,28 Continued can next page ... EXHIBIT T?,pap'wP??stsms 1?q? 7Y17-846-74 ? II LL M A_D.D. MWMPRISE, INC. P.O. BOX 4774 HARRISBURG, PA 17111 RMIT T0: industrial Piping Systems 1250 Toroni.ta St. York, PA 17+02 Btataont gate 661611 1 Tmws 12/11/07 Suzanne Schrum CASH ON DELIVERY Cwtaw Nwber 14354 MGM 717-939-7960 PAGE 2 OF 2 t jae DaLte Iavoiceo Qjxt En Invoice Mgt Pay etnt Amt &K_St WC ? ?1AWA 33 00/24- 51652543.001 AM TRM -SHO_ 66,E72 68.72 3,161-90 -34-- IQ/04/07 S1654SOB 001_A ?B$ SHOPS 59.87 58.87 3,227.97 Current 31 - 60 61 - 90 91 - 120 Over 120 Amount Due 0.00 58.87 2,099.55 1,069.45 0.00 3,221.87 VERIFICATION ? ?? (name) (title) 7 of INDUSTRIAL PIPING SYSTEMS, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the Penalties of 18 Pa. C. S. §4904, relating to unsworn falsification to authorities. INDUST IAL PIPING SYSTEMS, INC. ?By: Title: `? P V 'r) e.,-)ce m'^ Dated: Q2 3 - cPA_ 34066 / 31898 ADD 00 r _? rv SHERIFF'S RETURN - REGULAR CASE NO: 2009-01018 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDUSTRIAL PIPING SYSTEMS INC VS A D D ENTERPRISE INC DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE za n n ENTERPRISE INC was served upon the DEFENDANT , at 0012:52 HOURS, on the 21st day of February-, 2009 at 2116 CANTERBURY DRIVE MECHANICSBURG, PA 17055 DANE DERR by handing to BUSINESS OWNER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.00 Affidavit .00 Surcharge 10.00 Postage •42 J / . Z 4 Sworn and Subscibed to before me this day of So Answers: 1100'r r?2 - ?_e ?0?- R. Thomas Kline 02/23/2009 KODAK & IMBLUM By: ! .. ?? Dep y Sheri A. D. 7 ?! t?7 s -1./. 1 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDUSTRIAL PIPING SYSTEMS, INC. Plaintiff NO. 09-1018 V. A.D.D. ENTERPRISE, INC. Defendant You have been sued in Court. If you wish to defend against the claims set forth, 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 defense 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 claim or relief requested the Plaintiff. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717)249-3166 & LONGO Robert A. Lo o, Esquire 15 N. Lime 41., Lancaster, IYA 17602 (717) 397-5127 Attorney I.D. 16042 t ,.,. 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW INDUSTRIAL PIPING SYSTEMS, INC. Plaintiff NO: 09-1018 V. A.D.D. ENTERPRISE, INC. Defendant AND NOW COMES Defendant, A.D.D. Enterprise, inc., by and through its counsel, Robert A. Longo, Esquire, and in presenting the following Answer and New Matter avers as follows: 1. Admitted. 2. Denied. Defendant's office and place of business is located at 1082 Chamber Street, Steelton, PA 17113. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is admitted that Plaintiff delivered some goods to Defendant as set forth in Exhibit "C" to Plaintiff's Complaint. By way of further answer, it is specifically denied that these goods were sold and delivered at the special instance request of Defendant, as is more fully set forth in New Matter. 6. After reasonable investigation, the Defendant is without sufficient information or knowledge to form a belief as to the truth of this averment and proof thereof is demanded. By way of further answer, it is specifically denied that Defendant promised and agreed to pay Plaintiff, as is more fully set forth in New Matter. 7. After reasonable investigation, the Defendant is without sufficient information or knowledge to form a belief as to the truth of this averment and proof thereof is demanded. By way of further answer, it is specifically denied that Plaintiff acted pursuant to the terms and conditions of the credit application executed by Defendant and attached to Plaintiff's Complaint as Exhibit "B" as is more fully set forth in New Matter. 8. Denied. Because of the actions of Plaintiff as are set forth in New Matter, Defendant contacted Plaintiff and advised Plaintiff that it would pay $1,000.00 as full payment for goods properly supplied to Defendant. 9. After reasonable investigation, the Defendant is without sufficient information or knowledge to form a belief as to the truth of this averment and proof thereof is demanded. 10. Admitted in part and denied in part. It is admitted that Plaintiff has demanded payment from Defendant. It is denied, for the reasons set forth in New Matter, that Defendant has refused to pay any part of the amount demanded by Plaintiff, or that any further amount remains due and owing to Plaintiff. WHEREFORE, Defendant demands that judgment be entered in its favor and against Plaintiff. NEW MATTER 11. The allegations contained in paragraphs 1 through 10 of Defendant's Answer are incorporated herein and made a part hereof. 12. The terms of Plaintiff's Credit Application which is set forth as Exhibit "B" of Plaintiff's Complaint include the provision that before credit is extended to Defendant a Purchase Order is required. 13. After Defendant experienced the extension of credit by Plaintiff to unauthorized people, Defendant notified Plaintiff that it would insist that Purchase Orders be used and that transactions be authorized. A copy of said letter is attached hereto as "Exhibit 1.11 14. All of the invoices set forth in Exhibit "C" of Plaintiff's Complaint are for transactions subsequent to June 15, 2007. 15. None of the invoices set forth in Exhibit "C" of Plaintiff's Complaint represent transactions for which authorization was given by Defendant, as required by Plaintiff's credit application and Defendant's notice to Plaintiff. 16. Because none of the transactions set forth in Plaintiff's Complaint were not authorized by Defendant, there is no amount due and owing to Plaintiff by Defendant. WHEREFORE, Defendant demands that judgment be entered in its favor and against Plaintiff. RESPECTFULLY SUBMITTED, HONAMAN, ONGO & LONGO (/I V? Robert A. L go, Esquire 15 N. Lime reet Lancaster, PA 17602 (717)397-5127 Attorney I.D. 16042 EXHIBIT "J" A.D.D. Enterprise, Inc. P.O. Box 5034 Harrisburg, PA 17110 Phone: (717) 671.699 Fax: (717) 671-69;9 E-mail: To whom it may concern, We have been having trouble with employees maki Tune 15, 2007 remedy this problem ng unauthorized > A.D.D. Enterprises will no Iona purchases. In order to that do not have a purchase Order number, or 'ob n `er Process any invoices for payment authorized by A. Dane Derr or Curtis L. ame These purchase orders must be office number provided above ands Smith. IFnecessa rY} you could place a call to our someone trying peak to the secret rYing to purchase something ?Y if there are any questions about on the A.D.D Enterprise account. Thank you for your attention to this matter. Sincerely, Dane Derr, President ¦ Complete items.l., 2, and 3..Also complete Item 4 if Restricted Delivery is.desired. 4 Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: "NM Q0 TO-Mkt8 5t- ? %? , 9'?' 1-1L1Cd-)- A. Signature ? Agent X O Addressee B. Received by'( led ) C. Date of Dit D. Is delivery address different from it Ca' Yes It YES, enter delivery address 1: , Ja'I loo 3. Service Type 4Fr6rtfled Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7006 215 ? 0001 0113 6890 (Transfer from service label) - PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 s VERIFICATION I verify that the statements in the foregoing Answer & New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. A.D.D. Enterprise, Inc. By:. DATE : _1??'? I HEREBY CERTIFY that a true and correct copy of the foregoing Answer and New Matter was served by first class mail, postage prepaid, addressed as follows: Robert D. Kodak, Esquire Kodak & Imblum, P.C. 407 N. Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 RESPECTFULLY SUBMITTED, HONAMAN, LONGO & LONGO Rob r A. L ngo, Esq. 15 N. Lime treet Lancaster PA 17602 (717) 397-5127 Attorney I.D. 16042 DATE : ?,/ 3 ZP r:? ? ?` ` i -r ,-?. w -- ' r ? - - d E ..? „rl ...; R.F,. ?? ?, '? .,,. ,.? Robert D. Kodak, Esquire Supreme Court I.D. 18041 KODAK & IMBLUM, P.C. Post Office Box 11848 407 North Front Street Harrisburg, PA 17108-1848 717-238-7159 Fax: 717-238-7158 email: robert.kodak@kodak-imblum.com Attorney for Plaintiff INDUSTRIAL PIPING SYSTEMS, INC. Plaintiff v. A.D.D. ENTERPRISE, INC. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1018 CIVIL TERM CIVIL ACTION -LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND NOW, this ls` day of October, 2009, comes Plaintiff, Industrial Piping Systems, Inc., by and through its Counsel, Robert D. Kodak, Esquire, Kodak & Imblum, P.C., and respectfully replies to Defendant's New Matter as follows: 11. Plaintiff incorporates by reference Paragraphs 1 through 10 of its Complaint as if fully and at length set forth herein. 12. Denied. Plaintiff s Credit Application does not state that before credit is extended a Purchase Order is required. The Credit Application speaks for itself and does not state that a Purchase Order needs to be presented, rather, it can be a job name or number given to an Industrial Piping Systems, Inc. employee at the counter or over the telephone. 13. Denied. At no time did Plaintiff acknowledge that it would contact Dane Derr every time an employee from his company came into the counter. He did require a Purchase Order, which was always given verbally to Plaintiff s employee who was handling the purchase. Further, in January, 2008, Defendant did make a partial payment against some of these very Invoices, thereby acknowledging the validity of same. Furthermore, a copy of every Invoice was sent by facsimile to Mr. Derr at his request according to the Credit Application. Additionally, a copy of the Statement was also faxed to Mr. Derr at the end of every month. On October 23, 2007, Plaintiff spoke to Mr. Derr and honored his request to have his account changed from sending Statements and Invoices via facsimile to sending them via U.S. mail and an email address was provided by Mr. Derr to Plaintiff. On January 11, 2006, a $1,000.00 payment was made by Mr. Derr with a notation on his check indicating payment on some of the very Invoices which he is now disputing. See Exhibit "A" attached hereto and made a part hereof. Further, Mr. Dane's letter states that he will no longer process Invoices for payment if they do not have a Purchase Order number or job name, however, the Invoice on Defendant's account had this very information already provided. 14. Admitted. 15. Denied. All of the Invoices in question were properly authorized by the Defendant in accordance with the terms of Plaintiff's Credit Application. F:\USER\BONNIEJO\NEWMATTE\REPLY\WORK\34066.wpd:l5Apr09 2 16. Denied. All of the transactions set forth in Plaintiff s Complaint were authorized and acknowledged by Defendant and the full amount is due and owing from Defendant to Plaintiff. WHEREFORE, Plaintiff respectfully requests that Judgment be entered in its favor and against Defendant as prayed for in its Complaint. Respectfully submitted, KODAK U P.C. Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff F:\USER\BONNIEJO\NEWMATTE\REPLY\WORK\34066.wpd:l5Apr09 3 .~ N ~M_`.r ~ a ao N ~ , ,; ~. „__ ~. . r~' V~ Q ~ II ~ s ~. rn ©~ ~ O p .~ ~. ~ ~ O ~ ~ ..-• ~ ~ i• ~ rri ~ -. . ..r O r: r. m _. O !. ~i .~ ~~ .. a N fl N !II ~ ~ ~ ~ ~ i ~ ~ ~ ~ O i ~a~ ~ l ~ ~ ~ ~ M 0 ~ ~ ~~ . I ~ U l ~~~ ~ ~ ~i r~r.n • "nn 7^f rsn T 7AT T •~ ~~ -V ti ~'} t ~.'° v 1!r .. ~~;aro~Ql rl u~u~.zR ~.zo~ - SdI-WOli3 EO ~ 60 60 ,-9Z-L0 ' ~ 'Bh-22-'09 12:08 Fl?OM-IPS -York Branch 717846103 '1'-yyL r~a~e~I~am~ r-r5~a. VERI~'I~:ATYON 1, BRENDA S. ELLIS,Viee-President Finance & Administration, of INDUSTRIAL PIPING SYSTEMS, INC., verify that the statements made in the aforegoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to uasworn falsification to authorities, Dead: ~ 9 INDUSTRIAL PIPING S'Y'STEMS, YNC. Brenda S. Ellis Vice-President >~inancc & Administration 34066 F:1l~S~R1Bl)IVN(E.IOINEWMATI"~1-tBPI.YlWOR1C\34066.wpd; tS~ p~09 . . CERTIFICATE OF SERVICE I, Robert D. Kodak, Esquire, hereby certify that I have this date served a true and correct copy of the Plaintiff s Reply to Defendant's New Matter in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: ROBERT A LONGO ESQUIRE HONAMAN LONGO & LONGO 15 NORTH LIME STREET LANCASTER PA 17602 KODAK & IMBLUM, P.C. Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff Dated: F:\IiSER\BONNIEJO\N EW MATTE\RF.PLV'\WORK\34066.wpd:l5Apr09 ~'I~D-t,'"rC~ ~, .~. 2009 OAT -2 P~ 2~ 4 4 CUtt~~.: f` A~~v ~ '~~J1Vil` u~ BEN"~SSYLUF~s ~~ INDUSTRIAL PIPING SYSTEMS, INC. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v A.D.D. ENTERPRISE, INC. NO. 2009-1018 CIVIL TERM Defendant(s) ;CIVIL ACTION -LAW TO: PROTHONOTARY, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C7 ~rv c o _:,. , ~, ,,, -r : -~' ~. _. `._ _ r;; ~.~ .. ~ ~~ ~~ •. .. 7 . C_: ' ~ Enter judgment in favor of Plaintiff and against Defendant(s), A.D.D. ENTERPRISE, INC., named for failure to file within the required time an Appeal to the Award of Arbitrators in the above-captioned case and assess the Plaintiff's damages as follows: Amount of 5/19/10 Arbitrator's Award .......................... $ 4,302.87 Plus Costs .................................................... $ TBD Total ........................................................ $ 4,302.87 I hereby certify that thirty (30) days or more have passed since entry of the Arbitrator's Award, and that Defendant(s) and/or his/her Attorney of Record, if any, have not filed an Appeal thereto. KODQIl~&.~A(IBLUM, ~`.C. By V ~' Robert D. Kodak, orney for Plaintiff DATED: $/j~ro Judgment entered and damages assessed as above. Prothonotary ~ Da~z~ ~ . `t3vt~~ ~I~F.oo PD Try Cn I53~/ 2,# a~lG~o7. ~Ia~0~/ ~.vr~:.~srntrL. /~~r~i~'( sf s~s_.rvc Plaintiff Defendant Tn The Court of Common Pleas of Cumberland County, Pennsylvania No.~- /p/$ Civil Action -Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. ~, - Signature ~~fZN (~ (,t~.Q~g"i2 Name Signatur /?iftL rlr ~ f~t~' Signature Name (Chairman) ~N~t1~t/La'L ~- ~?G`WJVZ'7i'lfi~l Law Firm Address ~EZ~~t~s~,iG ~~ 1`70~s~ City, Zip Law Firm ~ ~,6~ ~~ Address l'~usL~ ~~ /?ci ~ City, Zip Name Law Firm Address ~~l~I~ PA /~°'~_ City, Zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following^^ award: yy.~{ (No~tJe: If damages for delay are awarded, they shalll be separatLely stated.) . ~~N TAYC--= tS7~ //3F / ~9/if/~7/~'7% Qit1O~ Q//4/Inld'7~` ~~f~NL~GrZ~i . ~t 7/~ at1?,~~ua~ ./ ~ti! 3 O 2 . s7 ~'. ~p z ov~t,~ Grs f3 at- 1~ ~~o,v. . Arbitrator, dissents: (Insert name if a~bplicable.) Date of Hearing: t ~ Zclo r ~~' (Chairman) Date of Award: ~~ t ~ Zof C ~ ~ . ~~ l~totice of Entry of Award Now, the may o~ -~r~ , 20~_, at in,sg , ~1., the .above award was entered upon the docket~nd native +~hereo given by mail to the parties or their attonieys. Arbitrators' compensation ty~ be paid upon appeal: $ ~,~,s',~, pv. TRUE COPYfROM:RECO~D By' la?.~~, ,'~ ~~ set y nand Prothonotary .nd u-e of srd_Court-~r~Ws, ! 71~hr~dl~d ~.. •- INDUSTRIAL PIPING SYSTEMS, INC. Plaintiff v A.D.D. ENTERPRISE, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1018 CIVIL TERM Defendant(s) :CIVIL ACTION -LAW TO/A: A.D.D. ENTERPRISE, INC. Defendant(s) / Defendido/a, Def~hdidos/as You are hereby notified that on /d , 2010 the following Judgment has been entered against you in the bove-captioned case. Por este medio se le esta notificando que el de del ~IJ10 el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencion do en el epigrafe. Date: Fecha : • Prothonotary / Protonotario D IRv~ ~ , `3 u t-LL Tudgment entered in the amount of $4 302 87 I hereby certify that the name and address of the proper person(s) to receive this ndtice is: A.D.D. ENTERPRISE, INC. 2116 CANTERBURY DRIVE MECHANICSBURG PA 17055 Attorney for Plaintiff Abogado del Demandante PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P.R.C.P. 3101 to 3149 INDUSTRIAL PIPING SYSTEM, INC. Plaintiff vs A.D.D. ENTERPRISE, INC. 2116 CANTERBURY DRIVE MECHANICSBURG, PA 17055 DEFENDANT(S) IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA Writ No. _ Term 20 No. 2009-1018 Term 20 09 Amount Due 8/12/10 jdmt ............. $ 4,302.87 Interest from jdmt -12/14/10 .71 per diem ................ $ 88.04 Atty's Commission 5% statutory rate .......... $ 215.14 Costs to be determined) $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania (2) against A.D.D. ENTERPRISE, INC. Defendant(s); (3) and against arms ee s ; (4) and index this writ (a) against A.D.D. ENTERPRISE, INC. Defendant(s) and (b) against arms ee s , as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy): LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO FURNITURE, JEWELRY, ELEC7ROI$CS, SUPPLIES, ETC., (5) Exemption has (not) been waived. Dated 12/14/10 Robert D. dak, Esquire PO Box 1 48 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff (s) '(o)bo I £ a1nN ooS pansap s! suopuad sg a se 8uixapw pus pagaullu s' aagsiwe8 aql jo awuu oql u! fit oid Ieai j! ,Cluo palaldwoo aq plnogs (qxq) gd¢iiiuled (q)40l £ alnW aaS 'tislouogloid aql ,(q ,ilunoo lagl w asmoo 3o ss pannbai si Suixopw ,Clunoo iaglouE of sanssi 1um aq1 uagM (s)b01 £ aing ,iq pazuoglnu se pa»sap si `aausmss13o ,!4moo agl w suollnooxo agl)o Sulxapum 3! Xluo palaldwoo oq plnogs (e)(y) gds18-d (1ijm ag1 u! popnlou! aq of si aagsluis8 paweu s w , Iuo palaldwoo aq plnogs anoqu) (£) gdslSeiud ponssi galgm w , Iunoo agldo jjuags ag10l Aluo paloanp aq hw 1uaw8pnf porno sued u uo panss! 1[N+ s (o)£o I £ olnH iapufl palsoipum aq plnogs ,ilunoo a91 `(q)£o I £ alnji Xq pgzuoglnu su ,Slunoo iagloue,lo jjuags aqi of paloanp s! 14m aql uaqm (l) gdwguisd japu fl HION Q ?- N Q CV L..a ? C) V? i+-= Cl- cm > w Q cn JQ t,J 1a J Lr. Z G7 U -j cr) U-J C~ f Cry tL , 0 0 U ? z C? C) Ul) ? H W H V 0 4 00 r-q C) - P--, o, N ? r -1 H ?D z Q z 3 z M a_. z w 1U) G 04 H z w Q G a x m 0 H ?D I I-?; X W ? u W a? o? ?, a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1018 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDUSTRIAL PIPING SYSTEM, INC., Plaintiff (s) From A.D.D. ENTERPRISE, INC., 2116 Canterbury Drive, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property including but not limited to furniture, jewelry, electronics, supplies, etc.. . (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 $4,302.87 L.L. $.50 Interest from 12/14/10 @ $.71 per diem -- $88.04 Atty's Comm 5 % statutory rate -- $215.14 Due Prothy $2.00 Atty Paid $180.42 Plaintiff Paid Date: 12/16/10 Other Costs (Seal) uell, Pr thonotary By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM, P.C. PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLANTIFF Telephone: 717-238-7159 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F }Lc - F I`F Sheriff 9 (( pp(?ryry J i I EF E?fila I ?#t,t?l d I s?,a `, M1i Qartir ??ir?t?6?F??rtb Jody S Smith Chief Deputy 2,11411 JAN 18 M 8: t? 2 ?. Richard W Stewart i,tJMB-L LAN0 Solicitor s-ERIFF ENt4SY la`'A ' E°t^ Industrial Piping System, Inc. vs. Case Number A.D.D. Enterprise Inc. 2009-1018 SHERIFF'S RETURN OF SERVICE 01/14/2011 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that on January 5, 2011, a true copy of the within writ of execution was attempted to be served upon the defendant, to wit: A.D.D. Enterprises, 2116 Centerbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. At that time it was learned that the owner of the business was Aric Dane Derr. Through subsequent conversations with Derr's attorney, Robert Longo, it has been alleged that A.D.D. Enterprises has no business property in which to levy upon. Attorney Kodak's office was notified. January 14, 2011 SO ANSWERS, ' RON R ANDERSON, SHERIFF (C) CCUMYSURe ShP,nt Te eoso`t, Inc. OFT ELP DOHA OTARY 2011 JAN 21 AN 10: 38 CUMBERLAND COUNTY ROBERT D. KODAK, ESQUIRE PENNSYLVANIA KODAK & IMBLUM, P.C. 407 N FROND STREET, PO BOX 11848 HARRISBURG, PA 17108-1848 (717) 238-7152 Attorney for Plaintiff INDUSTRIAL PIPING SYSTEM, INC. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs A.D.D. ENTERPRISE, INC. NO. 2009-1018 2116 CANTERBURY DRIVE MECHANICSBURG PA 17055 Defendant(s) PRAECIPE TO THE PROTHONOTARY: Please AMEND the Writ of Execution in the above-captioned case to add Garnishee, Susquehanna Bank at 1196 Walnut Bottom Road, Carlisle, PA 17015-9160. TO: Cumberland County Prothonotary Dated: January 19, 2011 ,may ae&4 -7 t 23 4i0d¢lbls Robert u tKoaaK, Attorney Tor r-iainvu Attorney I.D. No. 18041 .. 1. 7rwq/ou ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-1018 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDUSTRIAL PIPING SYSTEM, INC., Plaintiff (s) From A.D.D. ENTERPRISE, INC., 2116 Canterbury Drive, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell all personal property including but not limited to furniture, jewelry, electronics, supplies, etc.. . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: s??s hartna- &/7/6 1I?1,t 1V&1k-ctJ &&/Y1 ?. ) lGzr-1,1/-e 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 $4,302.87 L.L. $.50 Interest from 12/14/10 @ $.71 per diem -- $88.04 Atty's Comm 5 % statutory rate -- $215.14 Due Prothy $2.00 Atty Paid $180.8) Other Costs Plaintiff Paid Date: 12/16/10 1 uell, Pr thonotary (Seal) By: Deputy REQUESTING PARTY: Namo; ROBERT D. KODAK, ESQUIRE Address: KODAK & IMBLUM, P.C. PO BOX 11848 HARRISBURG, PA 17108 Attorney for:'PLANTIFF Telephone: 717-238-7159 Supreme Court ID No. Ov A+- /??" AK SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ?t'jp al a+r?b? ??? FILED-OFFiCE OF THE PROTHONOTAR 2611 JAN 27 PM 2: 4 3 Richard W Stewart Solicitor P'jFF OUPENNSYLOVANIA OUNTY Industrial Piping System, Inc. Case Number vs. A.D.D. Enterprise Inc. 2009-1018 SHERIFF'S RETURN OF SERVICE 01/26/2011 11:07 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Januan 26, 2011 at 1105 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: A.D.D. Enterprise, Inc., in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Swanger, Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 27, 2011 to A.D.D. Enterprise, Inc., at 2116 Centerbury Drive, Mechanicsburg, PA 17055. SO ANSWERS, January 27, 2011 RON R ANDERSON, SHERIFF 0+1 t?? Michelle Gutshall, Deputy /. co, Li INDUSTRIAL PIPING SYSTEM, INC. Plaintiff v A.D.D. ENTERPRISE, INC. Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2009-1.018 vs SUSQUEHANNA BANK, GARNISHEE INTERROGATORIES IN ATTACHMENT TO GARNISHEE TO: GARNISHMENT ADMIN / LEGAL DEPT. A.D.D. ENTERPRISE, INC. 216 CANTERBURY DRIVE MECHANICSBURG PA 17015-9160 YOU ARE REQUIRED TO FILE ANSWERS TO THE FOLLOWING INTERROGATORIES WITHIN TWENTY (20) DAYS AFTER SERVICE UPON YOU. FAILURE TO DO SO MAY RESULT IN JUDGMENT AGAINST YOU: 1. At the time you were served, or at any subsequent time, did you owe the defendant(s) above-listed, A.D.D. ENTERPISE, INC. ACCOUNT #XXXXXXXX0349 or any other account(s) under Defendant(s) name(s), and/ or otherwise, any money or were you liable to the defendant (s) on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? (If yes, please describe.) ANSWER: Hoo 1 w?w?.?.?wwj Z n-J ? -? rte. ?` mac, C ? ? rya c? c rrr cz) 2. At the time you were served, or at any subsequent time was there in your possession, custody or control, or in the joint possession, custody or control of yourself and one (1) or more other persons and/or entities, any property of any nature owned solely or in part by the defendant(s)?( If yes, please describe.) ANSWER: No. 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant(s) held or claimed any interest? (If yes, please describe.) ANSWER: mo. 4. At the time you were served, or at any subsequent time did you hold as fiduciary, any property in which the Defendant(s) had an interest? ANSWER: m,. 5. At any time before or after you were served did the defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so, what was the consideration therefor? ANSWER: NOS other than collateral pledged under a another borrower. guaranty for 6. At any time after you were served, did you pay, transfer or deliver any money or property to the defendant(s) or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant(s) against you? (If yes, please describe.) ANSWER: N9. 7. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. ANSWER: No. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. ANSWER: No. & IMBLVM. P. Robert KMak, Esquire Attorng'y Plaintiff 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7159 Supreme Court ID No. 18041 VERIFICATION I, Catherine M. Bush, verify that the facts set forth in these Interrogatories are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of Section 4904 of the Crimes Code (18 PA.C.S. § 4904) related to unsworn falsification to authorities. Dated: January 28, 2011 Catherine M. Bush, Secretary and Legal Counsel Susquehanna Bank 26 North Cedar Street Lititz, Pa 17543 (717) 625-6273 INDUSTRIAL PIPING SYSTEM, INC., Plaintiff v A.D.D. ENTERPRISE, INC. Defendant(s) v SUSQUEHANNA BANK„ TO THE PROTHONOTARY: CIVIL ACTION - LAW PRAECIPE rn r ? n c -am CD ? ca - c-? C) n c7p w ?°. Ln Please dissolve the Garnishment issued against SUSQUEHANNA BANK, Garnishee in the above-captioned matter. TO: Cumberland County Prothonotary Dated: February 3, 2011 Robert D. Yodal, Esquire Attorne or Plaintiff Attorney I.D. No. 18041 pj_k) yoli44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-1018 Garnishee SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i' ILt- ly sti r of C?uu&r tt i"I PROT! Jody S Smith Chief Deputy ? r 2 JAN 19 Aft 8- 23 Richard W Stewart Solicitor CFF CUMBERLA140 t'Od..iNT'i' PENNSYLVANIA Industrial Piping System, Inc. Case Number vs. A.D.D. Enterprise Inc. 2009-1018 SHERIFF'S RETURN OF SERVICE 01/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 5, 2011, a true copy of the within writ of execution was attempted to be served upon the defendant, to wit: A.D.D. Enterprises, 2116 Centerbury Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. At that time it was learned that the owner of the business was Aric Dane Derr. Through subsequent conversations with Derr's attorney, Robert Longo, it has been alleged that A.D.D. Enterprises has no business property in which to levy upon. Attorney Kodak's office was notified. 01/26/2011 11:07 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 26, 2011 at 1105 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: A.D.D. Enterprise, Inc., in the hands, possession, or control of the within named garnishee, Susquehanna Bank, 1196 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Julie Swanger, Branch Manager personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on January 27, 2011 to A.D.D. Enterprise, Inc., at 2116 Centerbury Drive, Mechanicsburg, PA 17055. 01/18/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $96.68 January 18, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF j E'L) F ,0? - (''?. f j CcuntySuiw St enff. I&Po crt I- :.