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Home My WebLink About09-11760 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bernville Road Reading, PA 19605 Plaintiff, V. Civil No: 7 ' 7 G L w, LUXOR HOMES, INC. Serve: Samuel C. Geddio 308 McArthur Ave. Reading, PA 19607-1450 and SAMUEL C. GEDDIO 308 McArthur Ave. Reading, PA 19607-1450 Defendants. NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 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 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 38223 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bernville Road Reading, PA 19605 ; Plaintiff, V. Civil No: LUXOR HOMES, INC. Serve: Samuel C. Geddio 308 McArthur Ave. Reading, PA 19607-1450 and i ' SAMUEL C. GEDDIO 308 McArthur Ave. Reading, PA 19607-1450 Defendants. COMPLAINT Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc., by and through its attorneys, Silverman & Associates, Chtd., and Gary S. Silverman, Esq. hereby brings this action against Defendants and states as follows: Parties 1. Plaintiff Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. ("Kohl") is, and was at all times relevant hereto, a Pennsylvania corporation with its principal office at 1047 Old Bemville Road, Reading, PA 19605. 2. Defendant Luxor Homes, Inc. ("Luxor Homes") is and was at all times relevant hereto a Pennsylvania incorporated company. 3. Defendant Samuel C. Geddio ("Geddio") is and was at all times relevant hereto a Pennsylvania resident. 1 38223 Factual Background 4. On or about September 24, 1998, Luxor Homes executed a Business Credit Application ("Agreement") with Kohl wherein Luxor Homes agreed to pay for materials provided by Kohl. A copy of the Agreement is attached hereto as Exhibit A and incorporated herein by reference. 5. Prior to the sale of materials by Kohl to Luxor Homes, Geddio executed a personal guaranty ("Guaranty") wherein he agreed to be held personally liable for the account of Luxor Homes in the event of default by Luxor Homes under the Agreement. A copy of the Guaranty is included as part of the Agreement and attached hereto as Exhibit A and incorporated herein by reference. 6. Pursuant to the terms of the Agreement, Luxor Homes agreed to pay interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any account past due. 7. Pursuant to the terms of the Agreement, Luxor Homes agreed to pay twenty (20%) percent of the principal amount due for attorney's fees plus costs. 8. Pursuant to the terms of the Guaranty, Geddio agreed to pay every claim of Kohl, which includes interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any account past due. 9. Pursuant to the terms of the Guaranty, Geddio agreed to pay twenty (20%) Percent of the principal amount due for attorney's fees plus costs. 10. Pursuant to Paragraph 9 of the Agreement, "Any claim or controversy shall be settled by ... any Court of competent jurisdiction ... FOR PENNSYLVANIA COSTOMERS, 2 38223 IN THE COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY" [emphasis in the original]. COUNTI (Breach of Contract against Luxor Homes) 11. Kohl incorporate paragraphs 1 through 10 in this Count I as if fully stated herein. 12. At the request of Luxor Homes, from June 2008 through August 2008 Kohl provided building products (hereinafter "supplies") to Luxor Homes on open account and sent invoices demanding payment. Luxor Homes has failed to pay the principal amount totaling nineteen thousand eight hundred sixty nine and 71/100 dollars ($19,869.71). A true and accurate copy of the statement of account and corresponding invoices are attached hereto as Exhibit B and incorporated herein by reference. 13. Despite due demand for payment and full performance by Kohl, Luxor Homes has failed to pay Kohl pursuant to the Agreement and is in breach thereof. 14. As a result of the failure of Luxor Homes to pay the sums due, Kohl has sustained damages in the following amounts: (a) principal in the amount of $19,869.71; (b) accumulated interest through 9/30/08 in the amount of $210.40; (c) interest from 9/30/08 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $3,973.94 (20% of the principal balance due); and (e) costs of this action. 3 38223 WHEREFORE, Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. demands judgment against Defendant Luxor Homes, Inc. as follows: (a) principal in the amount of $19,869.71; (b) accumulated interest through 9/30/08 in the amount of $210.40; (c) interest from 9/30/08 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $3,973.94 (20% of the principal balance due); and (e) costs of this action. Count II (Breach of Personal Guaranty by Geddio) 15. Kohl incorporates paragraphs 1 through 14 in this Count II as if fully stated herein. 16. At the request of Luxor Homes, from June 2008 through August 2008 Kohl provided building products (hereinafter "supplies") to Luxor Homes on open account and sent invoices demanding payment. Luxor Homes has failed to pay the principal amount totaling nineteen thousand eight hundred sixty nine and 71/100 dollars ($19,869.71). A true and accurate copy of the statement of account and corresponding invoices are attached hereto as Exhibit B and incorporated herein by reference. 17. Despite due demand for payment and full performance by Kohl and the default by Luxor Homes, Personal Guarantor Geddio has failed to pay Kohl pursuant to the Guaranty and is in breach thereof. 4 •38223 18. As a result of the breach of the Personal Guaranty by Geddio, Kohl has sustained damages in a sum equal to the outstanding balance, which is due from Luxor Homes as follows: (a) principal in the amount of $19,869.71; (b) accumulated interest through 9/30/08 in the amount of $210.40; (c) interest from 9/30/08 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $3,973.94 (20% of the principal balance due); and (e) costs of this action. WHEREFORE, Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. demands judgment against Defendant Samuel Geddio as follows: (a) principal in the amount of $19,869.71; (b) accumulated interest through 9/30/08 in the amount of $210.40; (c) interest from 9/30/08 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $3,973.94 (20% of the principal balance due); and (e) costs of this action. 5 38223 Respectfully submitted, SILVE,R.hkAN & ASSOCIATES, CHTD. ary S. Silverman #44089 11 ockville Pike Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 6 38223 VERIFICATION GARY S. SILVERMAN, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn a^i ification to authorities. Ga -ilverman #44089 11200 Rockville Pike Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 7 382231 0 0 r BUILDING PRODUCTS BUSINESS CREDIT APPLICATION Instructions: 1. Fill out top part of from 2. Sign appropriate sections, including back of form 3. Provide financial statement Date of application: Legal Name of Business: Address: v S Business Phone:/?) Fax #: VIV ) 777 //OS Corporation v' Sole Prop Partnership Name and Address of Bonding Co.: Nature of Business: Date Started: AVew ^ Principals: Full Name 2.) Home Address & Phone # CORPORATE OFFICE Old Bemville Road PO Box 14746 Reading, PA 19612-4746 610-926-8800 610-926-0806 (FAX) Credit Limit '5? Gam, 0U Position Social Security # 3.) BUSINESS REFERENCES: Name Supplier Supplier Supplier Supplier Bank (Checking) Address. Phone #. Fax # Account # GUARANTY GUARANTY given by the undersigned to Kohl Building Products, hereinafter referred to as the Company, in order to induce it to extend credit to, the following business entity: VWE hereby unconditio LY GUARANTY to the Company the prompt payment, when due, of every claim of the Company which may hereafter arise against VWE do also of all reasonable costs of collection including but not limited to?? This is a continuing GUARANTY and shall remain in full force until revoked by Guarantor by notice in writing to the Company. Such revocation shall be gective only as to claims of the Company which arise out of transactions entered into after the Company's receipt of said notice. This obligation shall cover the e newels of an}, claims guaranteed by this instrument or extensions of time payment hereof, and shall not be affected by any surrender or release by the Company of ray other security held by if for any claim hereby guaranteed. This GUARANTY is, and shall remain binding upon the heirs, estate representatives, successors and ssigns of Guarantor. This GUARANTY is independent of any other guaranty or rights which The undersigned may have with respect to the above-noted debt. This Guarantors hereby waive their homestead exemption as well as all requirements or rights with regard to notice, demand presentation or protest in the event of default, and-further-appoints Joseph-T, Keane as 00mey-in-fictfor the purpose of"confessing udgement, in favor of Kohl-Building Products, for VIRGINIA customers in the Circuit Court of Fairfax County, Virginia, for MARYLAND customers in the Circuit Court for Frederick County, Maryland, for PENNSYLVANIA astomers in the Circuit Court of Cumberland County, Pennsylvania, for WEST VIRGINIA customers in the Circuit Court of Berkley County, West Virginia, for NEW YORK customers in the Circuit Court of Orange County, New York, and for NEW JERSEY customers in the Circuit Court of Warren County, New Jersey for me balance, cost, p eni into l mey's fees, and further consents to immediate execution of said judgement. 5,%nature Date I ltgnature Date Gy/c?< Z(" - /- rocs - ,S 5-u - 7G 1o?3 6kecC XG ?- ? f <:FJ-6 -1610 TERMS AND CONDITIONS OF SALE 1. These terms and conditions of sale shall control on all sales, including all direct shipment sales arranged by or through Kohl Building Products, whether or not materials are delivered by or through Kohl Building Products. 2. All orders placed for special order materials (i.e. those materials not kept in stock), are final, and require a 50% deposit at time of order, with the balance due upon arrival at Kohl Building Products. Once a special order is placed and confirmed in writing by Kohl Building Products, purchaser agrees to accept said materials and make payments in full. RETURNS SHALL NOT BE PERMITTED ON SPECIAL ORDER MATERIALS. 3. On all orders placed for stock, out of stock and special order materials, where the delivery date is delayed due to manufacturer shipping error, or any other error, purchaser agrees to hold Kohl Building Products harmless for any delay and agrees to make payments in full for said goods. 4. All materials delivered must be examined and inspected by the purchaser and/or his agent or representative upon receipt. For all materials examined and inspected upon receipt, any claim of shortage and/or damage must be made at time of delivery. Where purchaser and/or his agent or representative cannot examine and inspect material upon receipt, any and all claims must be made within three (3) working days of delivery. Any claims made after the prescribed time period shall not be honored. 5. Stock materials may be returned, if in good condition, with purchaser's account credited subject to a 15% handling fee. 6. Purchaser acknowledges that any and all decisions as to return of materials is made AT THE SOLE DISCRETION OF Kohl Building Products, AND MAY BE CHANGED OR REVOKED AT ANY TIME WITHOUT NOTICE. 7. Kohl Building Products agrees only to replace any and all material shipped and/or received in defective condition. 8. Purchaser agrees that his SOLE REMEDY available for any default arising out of sales and/or use of any and all materials purchased shall be the return of said materials purchased for a full refund. Purchaser acknowledges that no suit will be brought against, or shall include, Kohl Building Products where either consequential or incidental damages are sought. 9. Any claim or controversy shall be settled *either, by binding arbitration, or by any Court of competent jurisdiction FOR VIRGINIA CUSTOMERS, IN CO C)hUMEA1T14QPVMr.TWTA T7ATRT7Ayr0T1NTV- FOR MARYLAND CUSTOMERS 1W TRFSTATF YLAND, FREDERICK COUNTY; OR NEW JERSEY CUSTOM THE STATE OF NEW JERSEY, WARREN COUNTY; AND FOR %qW YORK CUSTOMERS, IN THE biAltOFNEWY ORK, ORANGE COUNTY. On all disputed matters Sellers agree to pay KOHL BUILDING PRODUCTS' attorneys fees, costs and disbursements. 10. On all matters referred by Kohl Building Products to their attorneys for collection, purchaser billed, whichever is greater, for attorneys' fee, plus costs and disbursements. 11. PURCHASER AGREES THAT Kohl Building Products SHALL NOT BE RESPONSIBLE FOR ANY MANUFACTURER OR SHIPPING DEFECT. Purchaser further agrees to hold Kohl Building Products harmless for any manufacturer or shipping defect and for any injury to person or otherwise due to said defects, 12. Kohl Building Products makes NO WARRANTIES express or implied, including without limitation, WARRANTIES AS TO MERCHANTABILITY, OR AS TOFITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall not be liable for any loss or damage directly or indirectly arising from the use of such materials. Further, all MATERIALS ARE DELIVERED "AS IS" AND "WITH ALL FAULTS". Any contradictory statements made by an employee of Kohl Building Products, shall have no effect or bearing, and the terms contain herein shall control. 13, TI'1LE FOR ALL GOODS AND/OR MATERIALS REMAINS WITH Kohl Building Products UNTIL PAID FOR IN ALL BY PURCHASER. Should purchaser take action under Title I 1 of the United States Code, or take any other action to avoid making payment in full, purchaser agrees to promptly return anymaterials not paid in full. Purchaser agrees to keep the materials fully insured until paid for in full. 14. The RISK OF LOSS of any goods and/or materials shall pass to the purchaser as soon as said goods and/or materials are delivered to purchaser at its place of busness or any other place specifically designated by the purchaser for the delivery. IS. Purchaser agrees that any account thirty (30) days past due shall be ch 16. In the event the purchaser is a corporation, partnership, any other local legal entity, the individual or individual whose signature appears hereon agree to and do personally guarantee payment for any and all materials sold to the above-named entity. Purchaser acknowledges that he has read and AGREES TO ALL OF ABOVE TERMS AND CONDITIONS OF SALE. Si8natur?ll?j- Name (Print) J Title /? - Signature Name (Print) Title ®UILDI LUXOR HOMES INC PO BOX 5976 WYOMISSING PA 19610-5976 0 REMIT TO: 1047 OLD BERNVILLE READING, PA 19605- STATEMENT SHIP TO: ACCOUNT # LUX580 STATEMENT DATE 10-31-08 COPY # 1 - ACCOUNT # PHONE # DIVISION PAGE LUX580 610/628-6330 01 1 INVOICE CUSTOMER INVOICE GROSS DISCOUNT DISCOUNT` NET DATE PO NUMBER AMOUNT DATE AMOUNT PAYMENT AMOUNT 06/18/08 MCDEVITT 157099 180.00 180.00 07/21/08 GALBALLY 158290 1,166.00 1,166.00 08/20/08 BARRETT 157404 5,465.78 5,465.78 08/20/08 GALBALLY TOP 161907 10,013.13 10,013.13 08/21/08 GALBALLY LABO 161918 3,044.80 3,044.80 09/30/08 88929 296.46 86.06 210.40 I SERVICE CHARGE OF 1-1/2 % PER MON H (18% PER YEAR ON ALL AST DUE AMO TS CURRENT 30 DAYS 60 DAYS 90 DAYS OVER 90 TOTAL DUE 210.40 18,523.71 1,166.00 180.00 20,080.11 i ONL • BUILDING PRODUCTS KOHL B G PRODUCTS REMIT TO: 1047 OLO'"6ERNVILLE ROAD 1047 OLD BERNVIL ROAD READING. PA 19605-9311 READING. PA 19605-9311 INVOICE S LUXOR HOMES INC H LUXOR HOMES INC PO BOX 5976 I PO BOX 5976 WYOMISSING PA 19610-5976 P WYOMISSING PA 19610-5976 INVOICE NO. 158290 INVOICE DATE 07-21-08 CUSTOMER ACCOUNT # SHIP DATE' SHIP VIA PAGE LUX580 07-18-08 DELIVERY 1 REFERENCE FREIGHT TERM' MESSAGE 610/628-6330 OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER SHAWN OVERLEY TED WHITMOYER GALBALLY QUANTITY UOM DESCRIPTION' QUANTITY U'OM PRICE DISCOUNT EXT ORDERED SHIPPED 1 1 EACH NA00040100 M6024 1 EACH N IC RANGE HOOD ARCH VAL/MANTLE STYLE PNT GRID 1 1 EACH NA00040101 CUSTOM HOOD SHLF 1 EACH N/C MANTLE SHELF PAINT GRADE UNFINISHED 1 1 EACH NA00040102 ARV30-51 1 EACH N/C ARCH RAISED VALANCE PNT GRD UNFINISHED 1 1 EACH NA00040104 WPSU0630L 1` EACH N/C WALL PULLOUT SPICE UNIT PNT GRD UNFINIS H 1 1 EACH NA00040105 WPSU0630R 1 EACH N/C WALL PULLOUT SPICE UNIT PNT Gkl) UNFINISH 2 2 EACH NA00040106 CBL-001 2 EACH N/C CORBEL-OAK LEAF SMALL PNT GRID UNFINISHED 1 1 EACH NA00040107 PML-1000-48 1 EACH 1100.000 1100.00 INTERNAL BLOWER 1000 CFM` 1 1 EACH NA00040108 CARE KIT 1 EACH N/C CARE KIT W/NO TOUCH UP KIT 1 1 EACH NA00040891 MB1000 1 EACH N/C MOTOR PACKAGE 1000 CFM 3 3 EACH NA00040901 SPRAY-CAN-ATQ 3 EACH N/C STRAY CAN OF ANTIQUE WHITE 1 1 EACH NA00040902 STAIN-QT 1 EACH N/C QUART OF STAIN CHOCOLATE GLAZE TOTAL: CANT.... OH L BUILDING PRODUCTS KOHL B 'G PRODUCTS REMIT TO: 1047 OLO BERNVILLE ROAD 1047 OLD BERNVILL ROAD READING. PA 19605-9311 READING. PA 19605-9311 INVOICE S LUXOR HOMES INC H LUXOR HOMES INC PO BOX 5976 I PO BOX 5976 WYOMISSING PA 19610-5976 p WYOMISSING PA 19610-5976 INVOICE NO. 158290 INVOICE DATE 1 07-21-08 1 ACCOUNT # SHIP DATE f SHIP VIA PAGE LUX5110 i" 07-18-08 DELIVERY 2 REFERENCE FREIGHT TERM MESSAGE 610/628-6330 OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER SHAWN OVERLEY TED WHITMOYER GALBALLY QUANTITY UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT ORDERED SHIPPED DELIVER TO BR `,N SCHARFF'S SHOP 38A STRAUSSTOWN RD BETHEL SUB-TOTAL 1100.00 6% PA SALES TAX 66.00 15% Handling Charge On All Returns FUEL SURCHARGE ON ALL DELIVERIES* PHONE: 610-926-8800 Fax: 610-926-0806 PAY TERMS: 1% 10TH & 25TH DUE DATE: AUGUST 25, 2008 YOU MAY DEDUCT $11.00 IF PAID ON OR BEFORE AUGUST 10, 2008 TOTAL: $ 1,166.00 coHL BUILDING PRODUCTS KOHL B G PRODUCTS REMIT TO: 1047 OL NVILLE ROAD 1047 OLD BERNVIAD READING, A 19605-9311 READING, PA 196 311 INVOICE LUXOR HOMES INC S LUXOR HOMES INC H I PO BOX 5976 PO BOX 5976 p WYOMISSING PA 19610-5976 WYOMISSING PA 19610-5976 SHIP DATE SHIP VIA ACCOUNT # 08-18-08 DELIVERY LUX580 : REFERENCE FREIGHT TERM 610/628-6330 MESSAGE AN INVOICE NO. 157404 INVOICE DATE 08-20-08 1 OUTSIDE SALESMAN INSIDE SALESM TED WHITMOYER BARRETT SHAWN OVERLEY QUANTITY DESCRIPTION' QUANTITY UOM PRICE DISCOUNT EXT UOM 1 EACH 3763.000 3763. RDERED SHIPPED 1 1 EACH NA00041214 PO 117849 H BARRETT MEDALLION KITC N/C 1 1 EACH NA00041215 W3930 1 EACH WALL CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041216 W3930 1 EACH WALL CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041217 W1230 1 EACH WALL CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041218 W3015 1 EACH WALL CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041219 W1530 1 EACH WALL CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041220 W3612 1 EACH WALL CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041221 3DB36 1 EACH BASE CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041222 4DB18 1 EACH BASE CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041223 DSB42B 1 EACH BASE CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041224 B12 1 EACH BASE CAB. ASTORIA MAPLE HAZELNUT N/C 1 1 EACH NA00041225 B15 1 EACH BASE CAB. ASTORIA MAPLE HAZELNUT EN&BATH CABINETS TOTAL: 0 I'1N4JF?D• -? HL PRODUCTS -BUILo N KOHL B G PRODUCTS REMIT TO: 1047 OL NVILLE ROAD 1047 OLD BERNVIOAD READING, PA 19605-9311 READING. PA 19 311 INVOICE Ltr}:OR HOMES INC S LUXOR HOMES INC H ) BOX 5976 I PO BOX 5976 pC P WYOMISSING PA 19610-5976 w-OMISSING PA 19610-5976 - SHIP DATE 511Ir v?A ACCOUNT # 08-18-08 DELIVERY LUXS 8 0 FREIGHT TERM MESSAGE REFERENCE 610/628-6330 LESMAN Pi INVOICE NO. 157404 INVOICE DATE 08-20-08 2 INSIDE SA OUTSIDE SALESMAN TED WHITMOYER BARRETT SHAWN OVERLEY ' QUANTITY UOM PR}CE DISCOUNT EXT aNTITY DESCRIPTION UONI N C 1 SHIPPED 1 1 EAGH NA00041226 21VSB24B EACH VANITY BASE ASTORIA MAPLE HAZELNUT N/C 3 3 3 EACH NA00041227 WCVM8 EACH WIDE COVE CROWN MLD MAPLE HAZELNUT N/C 2 2 2 EACH NA00041228 TK96 EACH. TOE KICK MAPLE HAZELNUT N/C 1 1 1 EACH NA00041229 WF330 EACH WALL FILLER MAPLE HAZELNUT N/C 1 1 1 EACH NA00041230 RK EACH REPAIR KIT HAZELNUT N/C 2 2 2 EACH NA00041231 MLD8 EACH SCRIBE MLD MAPLE HAZELNUT N/C 1 1 1 EACH NA00041232 21VSB36 EACH VANITY BASE COLUMBIA MAPLE BRANDYWINE N/C 1 1 1 EACH NA00041233 21DSVB60B EACH VANITY BASE COLUMBIA MAPLE BRANDYWINE N/C 2 2 2 EACH NA00041234 TK96 EACH TOE KICK MAPLE BRANDYWINE N/C 1 1 1 EACH NA0004123S VF327 EACH VANITY FILLER MAPLE BRANDYWINE N/C 1 1 EACH 1 EACH NA00041236 RK REPAIR KIT BRANDYWINE TOTAL: CT1'IN(k. • - I LDINH dU S INVOICE NO, 157404 INVOICE DATE 08-20-08 ("TTCTf)M7V KOHL ING PRODUCTS REMIT T0: 1047RNVILLE ROAD 1047 OLD BERN ROAD READIN PA 19605-9311 READING. PA 1 9311 INVOICE HMES INC LUXOR HOMES INC S LUXOR O H PO BOX 5976 I PO BOX 5976 WYOMI SSING PA 19610-5976 P WYOMISSING PA 19610-5976 ACCOUNT # SHIP DATE. SNIP'V1F LUX580 08-18-08 DELIVERY REFERENCE FREIGHT TERM 610/628-6330 3 OUTSIDE SALESMAN INSID77 run?nmor vnwvn SHAWN OVERLEY TED WHITMOYEBARRETT QUANTITY UOM DESCRIPTION TITY UOM PRICE I DISCOUNT EX-T 3DERED SHIPPED 1 EACH 245.000 245.00 1 1 EACH NA00041241 R6122DB VANITY TOP #106 BROWN SWIRL BOWLS 12.5" L&R 1 EACH NA00041243 R3722 1 EACH 130.000 130.00 VANITY TOP #104 GREY SWIRL 1 1 EACH NA00041244 R2522 1 EACH 100.000 100.00 VANITY TOP #178 BISCUIT W/MEX. SND SWRL 14 14 EACH NA00041210 1466-145 14 EACH 6.500 91.00 METAL KNOB SATIN CHROME 14 14 EACH NA0004121-1 1590-145 14 EACH 4.100 57.40 METAL PULL SATIN CHROME 8 8 EACH NA00041212 BP2390332-195 8 EACH 2.500 20.00 METAL KNOB BRUSHED NICKEL 4 4 EACH NA00041213 BP9041-195 4 EACH 2.500 10.00 METAL KNOB BRUSHED NICKEL 1 1 EACH NA00041651 539-2054 1 EACH N/C MCS3322-4 STAINLESS STEEL DBL SINK 1 1 EACH NA00041960 BEVEL EDGE 1 EACH 690.000 690 -00 L SHAPE CO UNTERTOP 4551-01 BLKSTAR GRNT 25 X 54 X 121 X 25 1 1 EACH NA00041961 BEVEL EDGE 1 EACH N/C COUNTERTOP #2 15x25 BLKSTAR GR:NT 4551- 01 TOTAL: C TI' '. • • BUILDI LUXCR HOMES INC KCHL B. ING PR00'„'CTS REMIT 70: 104 BERNVILLE ROAD 1047 OLD BEJWE ROAD REA PA 19605-9311 READING, PA 05-9311 INVOICE S LUXOR HOMES INC H PO BOX 5976 I PO BOX 5976 WYOMISSING PA 19610-5976 P WYOMISSING PA 19610-5976 L INVOICE NO. 157404 INVOICE DATE 08-20-08 ACCOUNT # SHIP DATE' SHIP VIA PAGE LUX580 08-18-08 DELIVERY 4 REFERENCE FREIGHT TERM MESSAGE 610/628-6330 OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER SHAWN OVERLEY TED WHITMOYER BARRETT QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT 1 1 EACH NA00041962 SPLASH 1 EACH N IC SET OF LOOSE SPLASH 4551-01 BLKSTAR GRNT 1 1 FUEL 1 50.000 50.00 FUEL SURCHARGE TAKE 222 N TO 61 N TO RT 895 EAST T/R ONTO 895 E, T/L ONTO 443 E, T/L' ONTO RT 309 N,GO 5 MILES, T/L ONTO RT 54,T/L ONTO STATE RD-AFTER SEITZ BRO) FOLLOW RD TO BASTBALL FIELD-T/R, DEVELOPMENT IS ABOUT 300 YDS; OWRTOHT:, ** LOT #13, PHASE 2, MAGNOLIA GRDNS'** SUB-TOTAL 5156.40 6% PA SALES TAX 309.38 15% Handling Charge On All Returns FUEL SURCHARGE ON ALL DELIVERIES* PHONE: 610-926-8800 Fax: 610-926-0806 PAY TERMS: 1% 10TH & 25TH DUE DATE: SEPTEMBER 25, 2008 YOU MAY DEDUCT $51.56 IF PAID ON OR BEFORE SEPTEMBER 10, 2008 TOTAL: $ 5,465.78 KOHL B. ING PRODUCTS REMIT TO: BUILDING P11001jus 1047 BERNUILLE ROAD 1047 OLD BEoLE ROAD INVOICE NO REA PA 19605-9311 READING, PA 05-9311 . INVOICE 161907 LUXCR HOMES INC S LUXOR HOMES INC INVOICE DATE PO BOX 5976 H I PO BOX 5976 08-20-08 WYOMISSING PA 19610- 5976 P WYOMISSING PA 19610-5976 CUSTOMER TOTAL: EE: 10, 013.13 Z a I KOHL BL iNG PRODUCTS REMIT T0: .' ' BUILDIN4d; PRA S 10470 BERNVILLE ROAD 1047 OLD BERt*E ROAD READ PA 19605-9311 READING. PA 5-9311 INVOICE LUXOR HOMES INC S LUXOR HOMES INC H PO BOX 5976 I PO BOX 5976 WYOMISSING PA 19610-5976 P WYOMISSING PA 19610-5976 INVOICE NO. 161918 INVOICE DATE 1 08-21-08 1 ACCOUNT# SHIP DATf' SHIP VIA PAGE LUX580 08-21-08 WILL CALL 1 REFERENCE FREIGHT TERM MESSAGE 610/628-6330 OUTSIDE SALESMAN INSIDE SALESMAN` PURCHASE ORDER SHAWN OVERLEY TED WHITMOYER GALBALLY LABOR QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE T DISCOUNT EXT 1 1 EACH NA00043593 LABOR 1 EACH3044.800 3044.80 INSTALL MID CONTINENT KITCHEN 15% Handling Charge On All Returns FUEL SURCHARGE ON ALL DELIVERIES* PHONE: 610-926-8800 Fax: 610-926-0806 PAY TERMS: 1% 10TH & 25TH DUE DATE: SEPTEMBER 25, 2008 YOU MAY DEDUCT $.00 IF PAID ON OR BEFORE SEPTEMBER 10, 2008 TOTAL: $ 3, 044.80 K ` KOHL BUI-,NG PRODUCTS REMIT TO: BUILDING PRODUCTS 1047 OLD BERNVILLE ROAD 1047 OLD BERNVILLE ROAD READING. PA 19605-9311 READING PA 19605-9311 INVOICE LUXOR HOMES INC S H 103 FRANKLIN ST I WEST READING PA 19611-1239 P INVOICE NO. SC0908 INVOICE DATE 09-30-08 ACCOUNT # SHIP DATE SHIP ViA PAGE LUX580 09-30-08 1 REFERENCE FREIGHT TERM MESSAGE 88929 LATE PAYMENT C?UTStDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER SHAWN OVERLEY QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DlSGDUNT EXT LATE PAYMENT FOR MONTH ENDING SEPTEMBER, 2008 18.00 SERVICE CHARGE FOR PAST DUE BALANCE OF $19763.94 $296-46 f"J G} d C 1 7 k T SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-01176 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOHL ROOFING & SIDING CO ET AL VS LUXOR HOMES INC ET AL R. Thomas Kline County, Pennsylvania, to duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LUXOR HOMES INC but was unable to locate Them deputized the sheriff of BERKS serve the within COMPLAINT & NOTICE On March 26th , 2009 , this office was in receipt of the attached return from BERKS Sheriff's Costs: Docketing Out of County Surcharge .00 37.00 03/26/2009 SILVERMAN & ASSOCIATES , Sheriff or Deputy Sheriff who being in his bailiwick. He therefore o answers: -- 18.00 9.00 10.00 R. Thomas line .00 Sheriff of Cumberland County Sworn and subscribe to before me this day of , A. D. LEI ?r LLI ? V ,.ter? LL Cry r _.f .Li L._ C _ N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-01176 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOHL ROOFING & SIDING CO ET AL VS LUXOR HOMES INC ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GEDDIO SAMUEL C but was unable to locate Him deputized the sheriff of BERKS in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On March 26th , 2009 , this office was in receipt of the attached return from BERKS Sheriff's Costs: So answers: Docketing 6.00 Out of County .00 Surcharge 10.00 R' Thomas Kline .00 Sheriff of Cumberland County .00 16.00 03/26/2009 SILVERMAN & ASSOCIATES Sworn and subscribe to before me this day of A. D. c7 Lij fA nC J ` L ?.' pY Q