HomeMy WebLinkAbout09-117716
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: tS cJ _ 11 7 7
BANYAN, INC.
Serve: Armen D. Sahakian
200 Haymaker Cir.
State College, PA 16801-6985
and
ARMEN SAHAKIAN
200 Haymaker Cir.
State College, PA 16801-6985
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.
M
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
., t 0 9?t my hd
NO* ?.
37876
r ?I
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.
BANYAN, INC.
Serve: Armen D. Sahakian
;
200 Haymaker Cir.
State College, PA 16801-6985 :
and
ARMEN SAHAKIAN
200 Haymaker Cir.
State College, PA 16801-6985
Defendants.
COMPLAINT
Civil No: Q 9-// 7 7 C
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 Bernville Road, Reading, PA 19605.
2. Defendant Banyan, Inc. ("Banyan") is and was at all times relevant hereto a
Pennsylvania incorporated company.
3. Defendant Armen D. Sahakian ("Sahakian") is and was at all times relevant
hereto a Pennsylvania resident.
1 37876
,.C
Factual Background
4. On or about June 17, 1998, Banyan executed a Business Credit Application
("Agreement") with Kohl wherein Banyan 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 Banyan, Sahakian executed a personal
guaranty ("Guaranty") wherein he agreed to be held personally liable for the account of Banyan
in the event of default by Banyan 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, Banyan 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, Banyan agreed to pay twenty (20%)
percent of the total sale price or the actual amount billed, whichever is greater, for attorney's
fees plus costs and disbursements.
8. Pursuant to the terms of the Guaranty, Sahakian 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, Sahakian 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,
IN THE COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY"
[emphasis in the original].
2
37876
c
COUNTI
(Breach of Contract against Banyan, Inc.)
11. Kohl incorporate paragraphs 1 through 10 in this Count I as if fully stated
herein.
12. At the request of Banyan, from June 1998 through January 2008 Kohl provided
building products (hereinafter "supplies") to Banyan on open account and sent invoices
demanding payment. Banyan has failed to pay the principal amount totaling nineteen
thousand twenty seven and 41/100 dollars ($19,027.41). 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, Banyan has
failed to pay Kohl pursuant to the Agreement and is in breach thereof.
14. As a result of the failure of Banyan to pay the sums due, Kohl has sustained
damages in the following amounts:
(a) principal in the amount of $19,027.41;
(b) accumulated interest through 4/30/08 in the amount of $570.82;
(c) interest from 4/30/08 until the date of judgment in the amount of 1.5% per
month (18% per annum);
(d) attorney's fees in the amount of $3,805.48 (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 Banyan, Inc. as follows:
3
37876
c
(a) principal in the amount of $19,027.41;
(b) accumulated interest through 4/30/08 in the amount of $570.82;
(c) interest from 4/30/08 until the date of judgment in the amount of 1.5% per
month (18% per annum);
(d) attorney's fees in the amount of $3,805.48 (20% of the principal balance due);
and
(e) costs of this action.
Count II
(Breach of Personal Guaranty by Sahakian)
15. Kohl incorporates paragraphs 1 through 14 in this Count II as if fully stated
herein.
16. At the request of Banyan from June. 1998 through January 2008 Kohl provided
building products (hereinafter "supplies") to Banyan on open account and sent invoices
demanding payment. Banyan has failed to pay the principal amount totaling nineteen
thousand twenty seven and 41/100 dollars ($19,027.41). 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 Banyan, Personal Guarantor Sahakian has failed to pay Kohl pursuant to the Guaranty and is
in breach thereof.
18. As a result of the breach of the Personal Guaranty by Sahakian, Kohl has
sustained damages in a sum equal to the outstanding balance, which is due from Banyan, as
follows:
4
37876
I
(a) principal in the amount of $19,027.41;
(b) accumulated interest through 4/30/08 in the amount of $570.82;
(c) interest from 4/30/08 until the date of judgment in the amount of 1.5% per
month (18% per annum);
(d) attorney's fees in the amount of $3,805.48 (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 the Defendant Sahakian as follows:
(a) principal in the amount of $19,027.41;
(b) accumulated interest through 4/30/08 in the amount of $570.82;
(c) interest from 4/30/08 until the date of judgment in the amount of 1.5% per
month (18% per annum);
(d) attorney's fees in the amount of $3,805.48 (20% of the principal balance due);
and
(e) costs of this action.
Respectfully submitted,
S44? & ASSOCIATES, CHTD.
aryilverman #44089
11 0 Rockville Pike, Suite 300
N. Bethesda, MD 20852
(301) 468-4990
Attorney for Plaintiff
5
37876
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 unworn falsification to authorities.
Vilverman #44089
Attorney for Plaintiff
6
ockville Pike
Suite 300
N. Bethesda, MD 20852
(301) 468-4990
37876
-MA Y. 21. 2008 8:38AM KOHL BLDG PROD BELLEFONTE NO. 816 P. 1
?... K(:35) rii-I Fl. o d Bo=x ?to?aaCE
IBC
. ? ? PO Box Id.746
BUILDING PRODUCTS Reading, PA 196.12-4746
BUSINESS CREDIT APPLICATION 610.926-9800
Instructions: 610-92"806 (F.
I. Fill out top pan of £tom
2. Sign appropriate sections, including back of form, Gedit Limit
3. Provide financial statement
Date of application:
Legal Name of Business: ??etr'?f 0.n. t _
Address: 24>0
GX4__
Business Phone: (1314 Fare #: 191? 1 ti" 4o(o t
XT.- d adios
. 1(a
Sole Prop Partnership
e au Address ofBondrng Co.:
Nature ofBusiness:
Date Started:
Principals: Full Name Rome Address $ Phone #
Position Social Security #
1.) h"&' S'Ati&)a_ SAhF_ Pka-0-k 2&7 _G7 f37 ee G
2.)
3.)
BUSINESS REFERENCES: Name Address, Phone #, Fax #
Le zz4 f Account #
Supplier -- .. '
Supplier -at " (1)
Supplier AlkWI
Supplier -- g
Bank (Checking)
GUARANTY GUARANTY
ziv«+ by the vndc?mcd to Kohl Building Products, herekafler referred to as the
btuincss Entity _? s.. ?.1? ..F?OS no order to induce it to cxtgtd credit to, the following
J/wIr ltencbY ?conditiony4lly PERSONA) LY C?}UARpN1y to the Company the Prompt Payment, when du
ari
se against "« y ?s.A,,,?1L laY e, of every claim of the Company which may hereatDer
UWE do also unconditionally PERSONALLY GUARANTY pa
This is a cone mt iAg GUARANTY and shall remain in full force until revoked by Guarantor by notice is writing to the
effective only as to claims of the Company which arise out oftmnsactions eatered into atterthe COmpa?my. Such revocation shall Co r
renewals of any claims guaranteed by this instrument or extensions of time payment h=4 ?°?' receipt of said mince. dcr or rely ap shall cover the
any other r sectuiry held by if for any claim h=4 sod shall not be a$eeted by say ?m or release Dyi,1Lq Company of
hereby guaranteed- This GUARANTY is. and shall remain binding upon the heirs„ estate representatives, socccssors and
assigns Guarantor.
This GUARANTY is independent of any other guesaary or rights which The undersigned may have wilt respect to the above-noted debt W '
This Gvaraaters hereby waive rtes homestead a =Wfion as wa as all requirements or rights srrtii Regard to notice. demand
default, and Atha appoints Joseph T. Keatse, as attomey-in-fact for the purpose of con&ssing ' presentation or protest in the event of
wstomers in the Circuit Court of Fairfax Coturty, Virginia, for b? ? in favor of Kohl Building Prodads, for VtR(BZIIA
customers in the Circuit Court of Cumberland Conn p to? in the Chi*kGtidrt for Frederick County. Maryland, for p?SYLV?
NEW YORK customers C a nit Court of opera emLrylvaara, tar WEST VIRGINIA costozimri'id the Circuit Court of Berkley County, West V'uginia, for
the balan co County, New York and for NEW JERSEY customers in the Circuit Court of Warren County, New Jcrscy for
e, I.
interest and attorney's fees, and further Cnscnts to immediate execution of said judgement. IG
Signature Data 6 / " * 1 0"t Ada 4
Signaturm
Date
Signature
Date
MAY, 27. 2008 8:38AM KOHL BLDG PROD BELLEFONTE No 816 P 2
S.
9.
TERMS AND COTIDITIONS OF SALT;
1- These terms and conditions of sale shall control on all sales, including all direct shipment sales arranged by or through Kohl Building Pmducts, .vhetlyer or n `
materials are delivered by or through Kohl Building Products.
of
2. All orders placed for special order materials (i.e. those materials not kept in stock). are final, and re uire a 50•/n
upon arrival at Kohl Building Products. Once a special order is placed and confirmed in q deposit at time of order, with the acbalaucc; cept s due
writing by materials and make payments in fWL RETURNS SHALL NOT BE PERMITTED ON SPECIAL ORDER CIAL Building MATERIALS, Products, purchaser agrees to accept said
S. On all orders placed for stock, out of stock and special order materials, where: the delivery date is delayed due to manufactwcr shi m
purchaser agrees to hold Kohl Building Products harmless for any delay and pp in error, or
agrees to make payments in full for said goods. any other error,
4- All materials delivered must be examined and inspected b the arch
inspected upon receipt, many u maim of shortage and/or y p ascr and/or his agent or representatvc upon receipt. Far all materials examined and
examiric to and insspec damage must be made at time of delivery. Whom purchaser and/or his agent or representative cannot
peat material upon receipt, any and all claims must be made within three 0) wvricing days of delivery. Any ciaiutg made after the prescribed
time period sliall-notbe honored.
ial up5. Stock materials may be resumed, if in good c6nditio with
°? Pm-chaser's aceottnt credited subject to a 15% hand/' fee.
6. Purchaser ? - ?
acknowledges that any and all decisions as to retum of materials is made AT THE SOLE DISCRETION OF Kohl Building Products, AND MAY BE
CHANGED OR REVOKED AT ANY TINX WII TOUT NOTICE.
7- Kohl Building Products agrees only to replace any and all material shipped and/or received in defective --dilie .
Purchaser agrees that his SOLE REMEDY available for adefa -------?
materials arch iry ult arising out of sales and/or use of any and all materials purchased shall be the return of said
pd for a full rcfu7ld. Purchaser acknowledges that no suit will be brought against, shall include, Kohl Building Products where either
e6*qu6nrisI dr incidpnO damages are soughL -
OR V]R(I to CUSTOMERS, IN AND. STATE OF NEW JERSEY, MU6bL Zk COUNTY;
FOR NEW JERSEY CUSTOM
COUNTY" On all disputed matters Sellers agree to pay ICOIit , IN THE A OF NEW YORE
10. ORANGE
BUILDING PRODUCTS' attorneys fees, costs and disbursements.
'I- PURCHASER AGREES THAT Kohl Building Products SHALL NOT BE RESPONSIBLE FOR ANY M.d?lVUFAe
Purchaser frut}rcc agrees to hold Kohl Building Products harmless for any manufacturer or shipping defect and for OR SHIPPING DEFECT.
defects. Bury. irtjtay to person or otherwise due to said
12. Kohl Building Products makes NO W
TO FITNESS FOP, A PARTI ARE OR PUS express or implied, including without limitation, WARRA AS TOM MERCHANTABILITY, OR AS
such materials. Further. all CULAR USE OARE DELIVERED "AS IS" AND R PURPOSE, and as such shag not be liable for any loss or damage directly or indirecdy arising from the use MATERIALS of FAULT Kohl Building Products, shall have ea or bearrn and the term contain he m shALL all co ntro
1.5? Any 0On?Mry ?MMts made by to employee of
13. TITLE FOR ALL GOODS AND/OR MATERIALS REMA
Purchaser take action under Title i I of the United StatesCoae, or take Kohl Building Products UNTIL PAID FOR IN ALL BY P?FR Shovld
any materials not paid in fill. Purchaser agrees to keep the materials fully insured action to avoid making payment in fun, purchaser agrees to promptly return
y tmt7 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
business or any other place specifically dcsi
?? by the Purchaser for the delivery. Purchaser at its place of
IS. Purchaser agrees that
16. In the event the purchaser is a corporation, ptutltcrship, any other local Icgat entity, the individual or individual whose
personally guarantee payment for any and a materials sold to the above-named entity- stature appears hereon a
grec to and do
Purchaser acknowledges that he has read and AGREES TO ALL OF ABOVE TERMS AND COMMONS OF SAL&
XS-gnatwc QQ ?
Name (Print)11t_1n c>oK4Ll Qti
Tide NFt itt?
Signature
Name (Print)
Tit}e
?MK WWII
BUILDING PRODUCTS
BANYAN INC
200 HAYMAKER
STATE COLLEGE
1047 OLD BERNVILLE ROAD
READING, PA 19605-9311
1MKOW KOHL BUI IG PRODUCTS
REMIT T0:
BUILDING PMOUCTS 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE. PA 16823 READING, PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
MISC: DABJ
INVOICE NO.
? I - 105642
INVOICE DATE
1 01-15-08 1
ACCOUNT # SHIP DATE SHIP VIA
PAGE
BAN97 0 01-15-08 DELIVE RY
1
REFERENCE FREIGHT TERM MESSAGE
814 -353-4869
OUTSIDE SAL ESMAN
I NSIDE SALESMAN PURCHASE ORDER
FUTURE OTS 91 DAVE BROWN BROTHER'S PIZZA -JS
QUANT
ORDERED ITY
SNIPPED uOM
DESCRIPTION
QUANTITY
UOM
PRICE
DISCOUNT
EXT
ALL IS 29GA.GRANDRIB3;COLOR = TAN 855
24 24 EACH NJ00002946 24 EACH 45
000
21'0" STEEL PANEL . 1080.00
75 75 EACH NJ00002947 75 EACH 42.506
3187.50
20'0" STEEL PANEL
24 24 EACH NJ00002948 24 EACH 24
250
-
10'6" RV2 W-VALLEY FLASH (7/12 PITCH) . 582.00
8 8 EACH NJ00002949 8 „EACH 11
500
10'6" AE1 EAVE TRIM . 92.00
20 20 EACH NJ00002950 2? ;EACH 18
000
10'6" AR3 RIDGE CAP _ . 360.00
10 10 EACH NJ00002951 10 EACH 17
000
10'6" AG1 GABLE/RAKE TRIM . 170.00
55 55 EACH NJ00002952 5 EACH 4
940
# 10X1-1 / 2 WOODFAST SCREWS : (l O f}t>:T
13A??.,: . 271.70
3 3 EACH NJ00002953 3 EACH 11.850
35
5
#10X3" WOODFAST SCREWS (1000T BAG) .5
140 140 EACH NJ00002954 140 EACH 830
3' FOAM OUTSIDE CLOSURE . 116.20
27 27 EACH NJ00002955 27 EACH 560
3' FOAM INSIDE CLOSURE . 15.12
1 1 EACH NJ00002956 1 EACH 80
000
JOBSITE/BOOM ASSI-.ST . 80.00
SUB-TOTAL
SyyU.0/
TOTAL: CUM M\IL . .
KOHL BUI IG PRODUCTS REMIT TO:
BUILDING PNOUCiS 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE, PA 16823 READING, PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE
coIR
AGGUt
BAN970
REFERI
FUTURE OTS 9
QUANTITY
ORMRED SHIPPED
INVOICE NO.
105642
INVOICE DATE
01-15-08
CUSTOMER
PA 16801-6979
MISC: DABJ
SHtP DATE
SHIP VIA PAGE
01-15-08 DELIVERY 2
FREIGHT TERM MESSAGE
814-353-4869
1 DAVE BROWN
UOM DESCRIPTION
651. PA SALES TAX
fl5% Handling Charge On All Returns
> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERMS: NET 60 DAYS DUE DATE: MARCH 15, 2008
I
BROTHER'S PIZZA -JS
QUANTITY UOM PRICE DISCOUNT
EXT
359.40
TOTAL: $ 6,349.47
OHL KOHL BUI. iG PRODUCTS REMIT TO:
BUILDING FAODUCTS 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE. PA 16823 READING. PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801 697
INVOICE NO.
105177
INVOICE DATE
01-17-08
- 9
MISC: TIM
ACCOUNT # SHIP DATE SHIP VIA PAGE
BAN970 01-16-08 DELIVERY 1
REFERENCE FREIGHT TERM MFCCnr_
814-353-4869
nw. Win.... ..
FUTURE OTS 91
QUANTITY
3
2
1
1
2
DAVE BROWN
UOMI DESCRIPTION I QUANTITY ,UOM
?ACH NJ00002775 99-1 4" X 82-7 8 1 EACF
141 HILLSIDE-JS
PRICE DISCOUNT EXT
WHITE EXT/WHITE INT;LOW-E;TEMP;FINELITE
GBG;INSECT SCREEN;6-9/16"WHITE EJ'S
ANDERSEN PATIO DR/SIDELITE
3 EACH NJ00002776 3'0" X 5'0" 3 EACH 271.980
WHITE EXT/WHITE INT;LOW-E;FINELITE GBG;
INSECT SCREEN;6-9/16" WHITE EJ'S
ANDERSEN 20OSER. DH
2 EACH NJ00002777 3'0" X 3'0" 2 EACH 210.400
WHITE INT/WHITE EXT;LOW-E;FINELITE GBG;
6-9/16"WHITE EJ' S; I-NSVf?T 'SCRE2 :.
ANDERSEN 200SER. L
LEACH NJ00002778 41-3/8" X 24-5/8 EACH 314.900
WHITE EXT/WHITE= INT';L0W-E;TEMP;F1l49Irl-, 'E
GBG; 6-9/16"WHITE ,Ej' S
ANDERSEN STATIONARY=AWNING
1 EACH NJ00002779 8'8"- X X1'6" l EACH 765.170
WHITE EXT/WHITE INT;LOW-E;FINELITE GBG;
6-9/16"WHITE EJ'S;INSECT SCREENS
ANDERSEN 20OSER. DH-PIC-DH UNIT
2 EACH NJ00002780 71-1/2" X 70-3/4 2 EACH 1647.540
WHITE EXT/WHITE INT;LOW-E;FINELITE GBG;
6-9/16"WHITE EJ'S;INSECT SCREENS;2-1/4"
ELIP.COL.CSG;ANDERSEN TWIN DH W/ELIP.TOP
1 5.000
1 FUEL
FUEL SURCHARGE
815.94
420.80
314.90
765.17
3295.08
5.00
TOTAL: GCNI'INCM# ..
7MOIRL
BUILDING PRODUCTS
KOHL BUL G PRODUCTS REMIT TO:
526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE, PA 16823 READING, PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
MISC: TIM
ACCOUNT # "SHIP DATE SHIP VIA
BAN970 01-16-08 DELIVERY
REFERENCE FREIGHT TERM
814-353-4869
OUTSIDE' SALESMAN INSIDE SALESMAN
FUTURE OTS 91 DAVE BROWN
QUANTITY UOM DESCRIPTION
ORDERED siiIFPEU QUANTITY
SEND EVERYTHING EXEPT FOR SCREENS
MARK ALL SCREENS FOR DELIVERY LATER
INVOICE NO.
105177
INVOICE DATE
01-17-08
CUSTOMER
2
141 HILLSIDE-JS
PRICE DISCOUNT
EXT
7476.17
448.57
15t Handling Charge On, All Returns
--> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERMS: NET 60 DAYS DUE DATE: MARCH 17. 2008
KOHL BUI, G PRODUCTS REMIT TO:
BUILDMG PRODUCTS 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
Now BELLEFONTE, PA 16823 READING. PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
MISC: TIM
ACCOLWT # SHIP DATE SHIP VIA
BAN970 01-16-08 DELIVERY
REFERENCE FREIGHT TFARR ....,... ,.?
S00552
OUTSIDE
FUTURE OTS 91
6885778
SALESMAN
DO NOT SEND SCREENS HOLD FOR LATER
DELIVERY
INVOICE NO.
105238
INVOICE DATE
01-17-08
C'T T.ST(1MT. P
1
I DAVE BROWN 141 Hillside-JS
DESCRIPTION QUANTITY UOM PRICE DISCOUNT
H
::::: -
EACH NJ00002789 3 EACH 209.140
NC (500552 #6885778)
36" (O) X 54" (O) (3046) ProFinish
Contractor White Double Hung
EXT
42
62.20
689.62
41:38
15% Handling Charge On All Returns
> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERMS: NET 60 DAYS DUE DATE: MARCH 17, 2008
KONi
TOTAL: $ 731.00
OHL KOHL BUI IG PRODUCTS REMIT TO:
BUILDING FROOUaS 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE. PA 16823 READING. PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
MISC: DABJ
I INVOICE NO.
105700
INVOICE DATE
1 01-17-08 1
TOTAL: $ 14 .07
1MKCML KOHL BU. NG PRODUCTS REMIT TO:
BUILDING PRODUM 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD INVOICE NO.
BELLEFONTE, PA 16823 READING. PA 19605-9311
INVOICE 105704
BANYAN INC S BANYAN INC INVOICE DATE
H 01-17-08
200 HAYMAKER CIR I 200 HAYMAKER CIR CUSTOMER
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
MISC: TIM
ACCOUNT # SHIP DATE SHIP VIA PAGE
BAN970 01-16-08 DELIVERY 1
REFERENCE FREIGHT TERM MESSAGE
814-353-4869
OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER
FUTURE OTS 91 DAVE BROWN 141 HILLSIDE-JS
QUANTITY
ORDERED SHIPPED
UOM
DESCRIPTION
QUANTITY
UUM
PRICE
DISCOUNT
EXT
2 2 EA FS10475 21-1/ 2 X 39 2 EA 153:900 307.80
VELUX MODEL FS104 FIXED W/LOW-E
2 2 EA EDL106 2 EA 57,000 114.00
VELUX EDL #106 FLASHING
USE W/ SIZE 101, 104, 106 SKYLIGHTS
SUB-TOTAL
421.80
6% PA SALES TAX 25.31
I
15% Handling Charge On All Returns
--> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERNS: NET 60 DAYS DUE DATE: MARCH 17, 2008
KCM` KOHL BUI NG PRODUCTS REMIT TO:
BUILDING PAODUM 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE, PA 16823 READING. PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
INVOICE' ANO.
105735
INVOICE 01-17-08
/'T 7C rrn%A n
MISC: TIM
ACCOUNT # SHIP DATE SHIP VIA
BAN970 01-16-08 DELIVERY
REFERENCE FREIGHT' TERM MESSAGE
814-353-4869
OUTSIDE SALESMAN ' INMDE SALESMAN PURCHASE ORD
FUTURE OTS 91 TIM GALE HILLSIDE 141-J.S.
QUANTITY llt)All DESCRIPTION QUANTITY U?M PRICE DISCOUNT
ORDERED SFIIPPED
45 45 SQ PREST30CH 45 SQ 47.158
TIMBERLINE PRESTIQUE 30YR; CHARCOAL
17 17 BDL SARCH 17 BDL 28.250
GAF/Elk SEAL-A-RIDGE; CHARCOAL
1 1 RL COBRANG50 1 DT. ins znn
1'
15% Handling Charge On All Returns
--> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERMS: NET 60 DAYS DUE DATE: MARCH 17. 2008
1
EXT
480.25
105.30
10.00
2717.66
163.06
TOTAL: $ 2,880.72
KOHL BU: NG PRODUCTS REMIT T0:
-nkCML
BUILDING PRODUCES 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE. PA 16823 READING, PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
L INVOICE NO.
105742
INVOICE DATE
01-17-08
CUSTnNIFR
MISC: DABJ
ACCOUNT # SHIP DATE SHIP VIA PAGE
RAN970 01-16-08 PRIORITY PU 1
REFERENCE FREIGHT TERM MESSAGE
814-353-4869
OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER
FUTURE OTS 91 DAVE BROWN 109 ROSEWOOD-JS
QUANTITY UOAA DESCRIPTION
ORDERED SHIPPED QUANTITY UOM PRICE DISCOUNT EXT
1 1 EACH NJ00003011 4 0 X 6/8 1 EACH 78.250 78
MASONITE SMOOTH 6-PANEL HOLLOW-CORE
BIFOLD CARTONPACK
CALL BRAD AT 571-1994 WHEN IN
SUB-TOTAL 78.25
6% PA SALES TAX 4.70
L5% Handling Charge On All Returns
> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERMS; NET 60 DAYSDUE DATE: MARCH 17. 2008
TOTAL: $ 82.95
KOHL BUI NG PRODUCTS REMIT TO:
BUILDINGPNODUIJS 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE, PA 16823 READING. PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
INVOICE NO.
105789
INVOICE DATE
01-17-08
CUSTOMER
ACCOUNT # SHIP DATE SNAP VIA PAGE
BAN970 01-16-08 PRIORITY PU 1
REFERENCE FREIGHT TERM MESSAGE
814-353-4869
OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER
FUTURE OTS 91 TIM GALE HILLSIDE 141-J.S.
QUANTITY
ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT
2 2 BOX GRCR35GAL 60 COILS/(:TN 2 BOX 28.400 56
1-1/4" GRIP-RITE COLLATED ROOF NAILS
1 1 RL TS24DS 1 RL 73.550 73.55
ALCOA 24" TRIM COIL; DESERT SAND
36 36 PCS FS45W4 FWA45 36 PCS 3.520 126.72
F 4-1/2 DRIP EDGE; WHITE ALUMINUM
PART# FS45WA
SUB-TOTAL
257.07
6% PA SALES TAB
15.42
15% Handling Charge On All Returns
- > FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04.<--
PAY TERMS: NET 60 DAYS DUE DATE: MARCH 17. 2008
KOHL
TOTAL: $ 272.49
KOHL KOHL BU1 NG PRODUCTS REMIT TO:
BUILDING PR00011S 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE. PA 16823 READING. PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE
INVOICE NO.
105760
---------------
INVOICE DATE
01-24-08
MISC: DABJ
ACCOUNT # SHIP DATE
BAN970 01-24-08 PRIORITY PU
REFERENCE FREIGHT TERM
S00716 6907009
OUTSIDE SALESMAN INSIDE SALESMAN PA 16801-6979
SHIP VIA PAGE
1
MESSAGE
PURCI i4 `t?RDER
GENE GAMBLE DAVE BROWN Lot 141 H.S.
QUANTITY
ORDERED sHIPPEp UO111,iilllll
DESCRIPTION QUANTI
TY UOM PRICE DISCOUNT
EXT
? 2 EACH NJ00003036 2 EACH 145.040
290
08
NC (500716 #6907009) .
24" (0) X 48" (0) (2040) ProFinish
Contractor White Double Hung
CALL BRAD AT 571-1994 WHEN IN -
SUB-TOTAL
290.08
6% PA SALES TAX
17.40
15% Handling Charge On All Returns
-:->,FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERMS; NET 60 DAYS DUE DATE: MARCH 24, 2008
TOTAL: $ =307-48
IKCL KOHL BUI AG PRODUCTS REMIT TO:
BUILDING PRODUCES 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE. PA 16823 READING, PA 19605-9311
INVOICE
BANYAN INC S BANYAN INC
H
200 HAYMAKER CIR I 200 HAYMAKER CIR
STATE COLLEGE PA 16801-6979 P STATE COLLEGE PA 16801-6979
MISC: DABJ
INVOICE NO.
105807
INVOICE DATE
01-24-08
CUSTOMER
ACCOUNT # SH{P DATE SHIP VIA PAGE
BAN970 01-24-08 PRIORITY PU 1
REFEAENCE FREIGHT TEAM MESSAGE
814-353-4869
15% Handling, Charge On All Returns
-> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--
PAY TERMS: NET 60 DAYS DUE DATE: MARCH 24, 2008
TOTAL: $ 17.38
MAMML KOHL BUI NG PRODUCTS REMIT T0.
BUILDINGPROOUM 526 E. ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD INVOICE NO.
BELLEFONTE. PA 16823 READING PA 19605-9311 ---
INVOICE SC0308
BANYAN INC S INVOICE DATE
H 03-31-08
200 HAYMAKER CIR I
STATE COLLEGE PA 16801-6979 P
ACCOUNT # SHIP DATE SHIP VIA PAGE
BAN970 03-31-08 1
REFERENCE FREIGHT TERM MESSAGE
81398 LATE PAYMENT
OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER
GENE GAMBLE
avaNnrir
ORDERED SFgPPED UOQA DESCRIPTION QUANTITY U(3N1 PRICE DISCOUNT EXT
LATE PAYMENT FOR MONTH ENDING MARCH, 2008
18.00 % SERVICE CHARGE FOR PAST DUE BALANCE OF $19027.41 $285.41
TOTAL: $ 285.41
V.
O
L
BU'LDiK
ODU KOHL BU1. JG PRODUCTS REMIT T0:
526 E
mmm? . ROLLING RIDGE DRIVE 1047 OLD BERNVILLE ROAD
BELLEFONTE. PA 16823
INVOICE NO
READING PA 19605-9311 .
FE
INVOICE SC0408
BANYAN INC S INVOICE DATE
200 HAYMAKER CIR H L?:O
STATE COLLEGE PA 168 I
01-6979 P
ACCOUNT # - S141P DATE
BAN970 Si4
FIR VIA
PAGE
04-30-08
REFERENCE
FREIGHT TERM 1
M$-SAGE
82511
LATE PAYMENT
OUTSIDE SALESMAN
I NSIDE SALESMAN
PURCHASE ORDER
GENE GAMBLE
QUANTITY
ORDERED SHIPPED UOM
DESCRIPTION QUANTITY UOM
PRICE
DISCOUNT EXT
LATE PAYMENT FOR MONTH ENDING APRIL, 2008
$2$5.41
18.00 % SERVICE CHARGE FOR PAST DUE BALANCE OF $19027.41
TOTAL: $ 2
4
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2009-01177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KOHL ROOFING & SIDING CO ET AL
VS
BANYAN 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:
BANYAN INC
but was unable to locate Them
deputized the sheriff of CENTRE
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 CENTRE
Sheriff's Costs: So answers
Docketing 1.00
Out of County 9.00 Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
37.00
03/26/2009
SILVERMAN & ASSOCIATES
Sworn and subscribe to before me
this day of
A. D.
r C\j
C=
Ci
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2009-01177 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KOHL ROOFING & SIDING CO ET AL
VS
BANYAN 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:
SAHAKIAN ARMEN
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of CENTRE County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On March 26th , 2009 , this office was in receipt of the
attached return from CENTRE
Sheriff's Costs: So answers:
Docketing 6.00 Centre County 12.50
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
28.50
03/26/2009
SILVERMAN & ASSOCIATES
Sworn and subscribe to before me
this day of ,
A. D.
L _
h1
L
L`
a.1..
Z.? C?Y\
i? .ate