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HomeMy WebLinkAbout09-5393t 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. GILBERT E. MURRAY d/b/a MURRAY HOMES 60 Saint Andrews Way Etters, PA 17319 Defendant. COMPLAINT Civil No: 09 -5.m civi l Tesm Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc., by and through its attorneys, Silverman & Associates, Chtd., and Gary S. Silverman, Esquire hereby brings this action against Defendant 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 Gilbert E. Murray d/b/a Murray Homes ("Murray") is and was at all times relevant hereto a Pennsylvania resident. Factual Background 3. On or about March 6, 1996, Murray executed a Business Credit Application ("Agreement') with Kohl wherein Murray agreed to pay for materials provided by Kohl. A copy of the Agreement is attached hereto as Exhibit A and incorporated herein by reference. I 38433 • 1 4. Pursuant to the terms of the Agreement, Murray agreed to pay interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any account past due. 5. Pursuant to the terms of the Agreement, Murray agreed to pay twenty (20%) of the principal amount due for attorney's fees plus costs. 6. 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]. COUNTI (Breach of Contract against Gilbert E Murray d/b/a Murray Homes) 7. Kohl incorporate paragraphs 1 through 6 in this Count I as if fully stated herein. 8. At the request of Murray, in June 2008 Kohl provided building products (hereinafter "supplies") to Murray on open account and sent invoices demanding payment. Murray has failed to pay the principal amount totaling one thousand four hundred eighteen and 58/100 dollars ($1,418.58). A true and accurate copy of the statement of account and corresponding invoices are attached hereto as Exhibit B and incorporated herein by reference. 9. Despite due demand for payment and full performance by Kohl, Murray has failed to pay Kohl pursuant to the Agreement and is in breach thereof. 10. As a result of the failure of Murray to pay the sums due, Kohl has sustained damages in the following amounts: (a) principal in the amount of $1,418.58; (b) accumulated interest through January 31, 2009 in the amount of $256.96; (c) interest from January 31, 2009in the amount of 1.5% per month (18% per annum); 2 38433 i (d) attorney's fees in the amount of $283.72 (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 Gilbert E. Murray d/b/a Murray Homes as follows: (a) principal in the amount of $1,418.58; (b) accumulated interest through January 31, 2009 in the amount of $256.96; (c) interest from January 31, 2009 in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $283.72 (20% of the principal balance due); and (e) costs of this action. Respectfully submitted, SILV,F9 AN & ASSOCIATES, CHTD. ary Silverman #44089 1 00 ockville Pike N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 3 38433 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 unswo a si czation to authorities. OaIy?. Silverman #44089 11200 Rockville Pike Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 4 38433 (Y1 A 0(1 0 L:A Iyle (__ t x !a'1 e FLn F? Lru 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: 0 - Legal Name of Business: Address: _ cis ' ""yL Business Phone: (7 C? % 5 25Zaax Name and Address of Bonding Nature of Business: Principals: Full Name Position Social Security # F Credit Limit CORPORATE OFFICE Old Bernville Road PO Box 14746 Reading, PA 19612-4746 610-926-8800 610-926-0806 (FAX) EXHIBIT I --A Corporation Sole Prop' Partnership Date Started: Home Address & Phone # 7Q z.) 3.) BUSINESS REFERENCES: Name X pli Sup ier S p1 er pplie Address, Phone #, Fax # Account # Bank (Checking) GUARANTY given by the under ned to Kohl business entity: ---? VWE hereby unconditionally arise against 7 t I/WE do also unconditionally attorney's fees and court costs. Y GUARANTY Products, hereinafter referred to as the Company, in order to induce it to extend credit to, the following h? fiTY to the Company the prompt payment, when due, of every claim of the Company which may hereafter w.. Y GUARANTY payment of all reasonable costs of collection including but not limited to, twenty percent (20%) 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 effective 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 renewals of any 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 any other security held by if for any claim hereby guaranteed. This GUARANTY is, and shall remain binding upon the heirs, estate representatives, successors and assigns 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. Kearse, as attorney-in-fact for the purpose of confessing judgement, 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 customers 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 the balance, cost, prejudgment interest and attorney's fees, and further consents to immediate execution of said judgement. Signan Signati Signau Date Date Date TERMS AND CONDITIONS OF SALE I . 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 riot 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 COMMONWEALTH OF VIRGINIA, FAIRFAX COUNTY; FOR MARYLAND CUSTOMERS, IN THE STATE OF MARYLAND, FREDERICK COUNTY; FOR PENNSYLVANIA CUSTOMERS, IN THE COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY; FOR NEW JERSEY CUSTOM ERS, IN THE STATE OF NEW JERSEY, WARREN COUNTY; AND FOR NEW YORK CUSTOMERS, IN THE STATE OF NEW YORK, 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 agrees to pay 20% of the total sale price or the actual amount 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 TO FITNESS 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. TITLE FOR ALL GOODS AND/OR MATERIALS REMAINS WITH Kohl Building Products UNTIL PAID FOR IN ALL BY PURCI-IASER. Should purchaser take action under Title I I of the United States Code, or take any other action to avoid making payment in full, purchaser agrees to promptly return any materials not paid in fill. Purchaser agrees to keep the materials fully insured until paid for in full. 14. The RISK OF LOSS of any goods and/or materials shalt pass to the purchaser as soon as said goods and/or materials are delivered to purchaser at its place of business or any other place specifically designated by the purchaser for the delivery. 15. Purchaser agrees that any account thirty (30) days past due shall be charged 1.5% per month interest on the unpaid balance, 18% per annum. 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 acknowled s that he has read and AGREES TO ALL OF ABOVE TERMS AND CONDITIONS OF SALE. Signature rint) Title / b . dz11-fz1 ZLZ C ff Signature! Name (Print) Title I KOHL BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 REMIT TO: 1047 OLD BERNVILLE ROAD READING, PA 19605-9311 S T A T E M E N T SHIP TO: EXHIBIT -5-- ACCOUNT# MUR060 STATEMENT DATE 02--25-09 COPY # 1 ACCOUNT # PHONE # DIVISION PAGE MUR060 717/932-2320 03 1 INVOICE CUSTOMER INVOICE GROSS DISCOUNT DISCOUNT NET DATE PO NUMBER AMOUNT DATE AMOUNT PAYMENT AMOUNT 06/09/08 LOT 49 07074 3,618.58 2,200.00 1,418.58 07/31/08 86343 54.28 54.28 08/31/08 87627 54.28 54.28 09/30/08 88955 54.28 54.28 10/31/08 90321 24.28 24.28 11/30/08 91534 24.28 24.28 12/31/08 92634 24.28 24.28 01/31/09 93496 21.28 21.28 SERVICE CHARGE OF 1-112 s PER MON H (18o PER YEAR ON ALL AST DUE AMOU NTS CURRENT 30 DAYS 60 DAYS 90 DAYS OVER 90 TOTAL DUE 21.28 24.28 24.28 1,605.70 1,675.54 ?_ _ _KOH` KOHL BUILC PRODUCTS REMIT T0: BUILDING PRODUCTS 860 WESLEY ?kIVE 1047 OLD BERNVILLE KUAD MECHANICSBURG. PA 17055 READING. PA 19605-9311 INVOICE MURRAY HOMES * S MURRAY HOMES ****CASH ACCT**** H ****CASH ACCT**** 60 SAINT ANDREWS WAY I 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 P ETTERS PA 17319-9429 INVOICE NO. j 307074 INVOICE DATE 06-09-08 CUSTOMER WHITE ACCOUNT # SHIP DATE SHIP VIA PAGE MUR060 05-08-08 DIRECT SHIPMENT 1 REFERENCE FREIGHT TERM> MESSAGE 717/932-2320 ~ OUTSIDE SALESMAN INSIDE SALESMAN _ PURCHASE ORDER FUTURE O/S ALAN BODEN LOT 49 QUANTITY UOM DESCRIPTION QUANTITY UDM PRICE ' DISCOUNT EXT. ORDERED SHIPPED EASTERN SURFACES COLOR: TAN BROWN 1 1 EACH N000035860 TEMPLATE 1,EACH 3413.750 3413.75 CUSTOM GRANITE TOP PER PLAN CONTACT: GILL MURRAY PHONE: 717-648-0144 ADDRESS: 419 CHESTNUT WAY NEW CUMBERLAND, PA 17070 1 1 EACH SONR 1 EACH - N/C THIS ORDER CONTAINS SPECIAL ORDER i MATERIALS THAT ARE NON-RETURNABLE Signature Date SUB-TOTAL 3413.75 6% PA SALES TAX 204.83 i LESS DEPOSITS 2000.00 PAID BY CHECK#: 1617 -$2000.00 15% Handling Charge On All Returns FUEL SURCHARGE ON ALL DEL IVERIES* PHONE: 717-790-9814 Fax: 717-697-0428 PAY TERMS: 1% 10TH & 25TH Vnll MAY DMI T 134 14 DUE DATE: JULY 10, 2008 IF PAID QN1 OR RFFnRF JUNE 25-, 20OR ©© TOTAL: $ 1,618.58 .sC/ KOHL BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 KOHL BUILD PRODUCTS REMIT TO: 860 WESLEY uRIVE 1047 OLD BERNVILLE ROAD MECHANICSBURG, PA 17055 READING PA 19605-9311 INVOICE S H I P INVOICE NO. SC0708 INVOICE DATE 07-31-08 ACCOUNT # SHIP DATE SHIP VIA PAGE MUR060 07-31-08 1 RFFFRFNGF FREIGHT TERM MESSAGE' 86343 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER FUTURE 0/S QUANTITY UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT ORDERED SHIPPED LATE PAYMENT FOR MONTH ENDING JULY, 2008 $54.28 18.00 % SERVICE CHARGE FOR PAST DUE BALANCE OF $3613.58 I TOTAL: $ 54.28 -KOHL BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 KOHL BUILD PRODUCTS REMIT TO: 860 WESLEY uRIVE 1047 OLD BERNVILLE ROAD MECHANICSBURG. PA 17055 READING PA 19605-9311 INVOICE S H I P INVOICE NO. SC0808 INVOICE DATE 08-31-08 ACCOUNT # SHIP DATE SHIP VIA PAGE MUR060 08-31-08 1 REFERENCE FREIGHT TERM MESSAGE 87627 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER FUTURE 0/S QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT LATE PAYMENT FOR MONTH ENDING 18.00 o SERVICE CHARGE FOR PAST AUGUST, 2008 DUE BALANCE OF $3618.58 $54.28 TOTAL: $ 54.28 =KOHL BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 KOHL BUILD PRODUCTS REMIT TO: 860 WESLEY DRIVE 1047 OLD BERNVILLE ROAD MECHANICSBURG, PA 17055 READING PA 19605-9311 INVOICE S H I P INVOICE NO. SC0908 INVOICE DATE 09-30-08 ACCOUNT # SHIP DATE SHIP VIA PAGE MUR060 09-30-08 1 REFERENCE FREIGHT TERM MESSAGE 88955 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER FUTURE 0/S QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE' DISCOUNT EXT LATE PAYMENT 18.00 o SERVI FOR MONTH ENDING CE CHARGE FOR PAST SEPTEMBER, 2008 DUE BALANCE OF $3618.58, $54.28 TOTAL: $ 54.28 KOHL BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 KOHL BUILD PRODUCTS REMIT TO: 860 WESLEY DRIVE 1047 OLD BERNVILLE ROAD MECHANICSBURG, PA 17055 READING PA 19605-9311 INVOICE S H I P INVOICE NO. SC-1008 INVOICE DATE 10-31-08 ACCOUNT #' SHIP DATE SHIP VIA PAGE MUR060 10-31-08 1 REFERENCE FREIGHT TERM MESSAGE 90321 LATE PAYMENT TOTAL: 24.28 KOHL BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 KOHL BUILD PRODUCTS REMIT TO: 860 WESLEY DRIVE 1047 OLD BERNVILLE ROAD MECHANICSBURG. PA 17055 READING PA 19605-9311 INVOICE S H I P INVOICE NO. SC1108 INVOICE DATE 11-30-08 ACCOUNT # SHIP DATE SHIP VIA PAGE MUR060 11-30-08 1 REFERENCE FREIGHT TERM MESSAGE 91534 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER FUTURE O/S QUANTITY ORDERED SHIPPED . UOM DESCRIPTION QUANTITY UONI PRICE DISCOUNT EXT LATE PAYMENT FOR MONTH ENDING 18.00 % SERVICE CHARGE FOR PAST NOVEMBER, 2008 DUE BALANCE OF $1618.58 $24.28'' TOTAL: $ 24.28 c0HL, BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 KOHL BUILD PRODUCTS REMIT TO: 860 WESLEY DRIVE 1047 OLD BERNVILLE ROAD MECHANICSBURG. PA 17055 READING PA 19605-9311 INVOICE S H I P INVOICE NO. SC1208 INVOICE DATE 12-31-08 ACCOUNT # SHIP DATE SHIP VIA PAGE MUR060 12-31-08 1 REFERENCE FREIGHT TERM MESSAGE 92634 LATE PAYMENT OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER FUTURE O%S QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT LATE PAYMENT FOR MONTH ENDING 18.00 o SERVICE CHARGE FOR PAST DECEMBER, 2008 DUE BALANCE OF $1618.58 $24.28 TOTAL: $ 24.28 a=.KOi11L BUILDING PRODUCTS MURRAY HOMES ****CASH ACCT**** 60 SAINT ANDREWS WAY ETTERS PA 17319-9429 KOHL BUILDI ?RODUCTS REMIT TO: 860 WESLEY DRIVE 1047 OLD BERNVILLE ROAD MECHANICSBURG. PA 17055 READING PA 19605-9311 INVOICE S H I P INVOICE NO. SCO109 INVOICE DATE 01-31-09 ACCOUNT'# SHIP DATE SHIP VIA PAGE MUR060 01-31-09 T 1 REFERENCE FREIGHT TERM MESSAGE 93496 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER FUTURE 0/S QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT LATE PAYMENT 18.00 o SERVI FOR MONTH ENDING CE CHARGE FOR PAST JANUARY, 2009 DUE BALANCE OF $1418.58 $21.28 JI TOTAL: $ 21.28 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: GILBERT E. MURRAY d/b/a MURRAY HOMES 60 Saint Andrews Way Etters, PA 17319 Defendant. 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 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 (800) 990-9108 (717) 249-3166 38433 Q OF TH!El IF .$'18.50 pA ATI-4 GG'? 10x188 Sheriff s Office of Cumberland County R Thomas Kline ~y~r ~L~v_ ~' '' fr~L }^~/ Sher ~~,~<<,tr of t~enr~t~~rlx~,~~ Ronny R Anderson ~~~~ ~~_~ _ ~ ~ ~ ~ ~. Chief Deputy ~' ~= ~ ~% ~;~ .~. Jody S Smith CU~~':' IJ~.` ~ ~r Civil Process Sergeant arF~ ~ "'F -rE s"`p'~~ `J ' Edward L Schorpp Solicitor Kohl Roofing & Siding Co. vs. Golbert E. Murray Case Number 2009-5393 SHERIFF'S RETURN OF SERVICE 08/04/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Golbert E. Murray d/b/a Murray Homes, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint and Notice according to law. 08/31/2009 02:52 PM -York County Return: And now August 7, 2009 at 1452 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within CICA, Verification and Complaint, upon the within named defendant, to wit: Golbert E. Murray by making known unto Chris Murray, adult in charge at 60 Saint Andrews Way Etters, PA 17319 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 August 31, 2009 SO ANSWERS, ~' _ ~~ i ~. ,. R THOMAS KLINE, SHERIFF COUNTY OF YORK "~. OFFICE OF THE SHERIF=F S(R~I7 19 OIL 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTl4NS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE. TYPE ONLY LINES 1 TO 12 DO Nt?T DETACH ANY C4P1ES. 1. PLAINTIFF/S/ 2. COURT NUMBER Kohl Roofing & Siding Co. t/a Kohl BuildingProducts, Inc. 4. TYPE OF WRIT OR COMPLAINT Gilbert E. Murray d/b/a SERVE 5. NAME OF INDIVII CICA, VERIFICATION, AND PACKET Civil Complaint ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED. ATTACHED. OR SOLD. Gilbert E. Murray 6. ADDRESS (STREET OR RFD WITH BOX NUMBER, APT NO., CITY, BORO, TWP., STATE AND ZIP CODE AT 60 Saint Andrews Way, Etters, PA 17319 7. INDICATE SERVICE: ^ PERSONAL RSON IN CHARGE ^ DEPUTIZE ^ CERT. MAIL ^ 1ST CLASS MAIL ^ POSTED ^ OTHER NOW AUGUST 4 , 2009 19 1, SHERI UN hereby depu ize a sheriff of YORK COUNTY to exec tur f ccording to law. This deputation being made at the request and risk of the plaintiff. SHERIFF 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE:..- - ---- --- OUT OF CO CUMBERLAND ADV FEE PAID BY ATTY. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - An deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying p ono or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale th of. 9. TYPE NAME AND ADDRESS of ATTORNEY/ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DAT ILE 8- 09 uite 00 N.Bethesda, 301-468-4990 _ AND ADDRESS BELOW: (This are m t be completed if notice is to be mailed). - - _ _ _ _ _ _ _ CUMBERLAND 00. SHERIFF 1 COUR'T'HOUSE SO. 17013 CUMBERLAND CO SHERIFF - DO NOT WRITE BELOW THIS LINT 13. I acknowledge receipt of the writ ~R9NA1 UHt OF AU t HUHIiEU GLEHK 14. Date Received 15. Expiration/Hearing Date or complaint as indicated above. MJ MCGILL YCSO 8-5-09 9-2-09 16. HOW SERVED: PERSONAL ( ) RESIDENCE (~ POSTED ( ) POE ( ) SHERIFF'S OFF ( ) OTHER ( ) SEE REMARKS 17. ^ I hereby certify and return a NOT FOUND because I unable to locate the individual, company, corporation, etc, named above. (See remarks below.) 1 NAME A TITLE F INDIVIDUAL SERVED /LIST ADDRESS E E IF NOT OWN ABOVE (Relation hip to Defen ant) 19. Date of Service 20. Time of Service 21. P Iles Int. Date Time Miles ate a Iles I Da Ti Iles Int. Date Time Miles Int. Date Time ; Mlles ~ Int. Z 22. REMARKS: 23. Advance Costs 24. Service Costs 25. WF 26. Mileage 27. Postage 28. Sub T ot al 29. Pound 0. N otary Fee 3 31. Surcharge 32. Total Costs 33. Cos $100.00 Q ! ~ n ~ p ~ ' ~© ~ ~d ~ ~ EJ c~~ . r c 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/N.F 39. Total Costs 40. Cost Due or Refund SO ANSWER. 41. AFFIRMED and subscribed tp before me this 26111 CONIf;7101JVJ~TH OF FrEf~ Y 44. Signature of (~ A A~,~_ ~ heriff J fxC, 47. D 1 T 42. day of . iS k,V 9 45. Signature of York _ ~ ' . 48. Date 43. LISA L. TH P T County Sher rff / CHAF2D P- ~ , SHER FF -26-U9 MY C01.1M;S5 2, 2018 46. Signature of Foreign ~ -- •• 49. Date MY COM Coun Sheriff Gary S. Silverman, Silverman & Associates, Ch 12. SEND NOTICE OF SERVICE COPY TO NAME t Due o eound au. I A~nrvvwLtuut Htutlr I yr I nt sneHrrr•s Ht r uHn srcrnAr uHt 151. Date Received OF AUTHORIZED ISSUING Al.iTHORITY AND TITLE 1. WHITE -Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriff s Office 4. BLUE -Sheriff's Office - r;' -____..~ :_ ~~, ,as YC~ 11 O~~ IwSlr,,a~{~i+~~y4 ~tE,.ti +~..~s'Gi,~r1R-.~ ~F 8Z T Wd S Jfl~ 60u1 ~~1H3HS ~H.t .~G 3~f.~~0 a3Af~~~~ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO t/a KOHL BUILDING PRODUCTS INC. Plaintiff, v. : GILBERT E. MURRAY d/b/a MURRAY HOMES Defendant. Civil No: 09-539 -r_ ~`x rr;~- -~ ... ~~~ ~. 0 r~ l0 4~ Gt _.~. -~ ~ :~+ :iii . r:. ~~ ~ti-, Praecipe to Enter Judgment by Default - To: Prothonotary of the Court ..r, ==i Please note that plaintiff requests judgment by default, pursuant to Pa. R.C.P. 237.1, on the defendant, Gilbert E. Murray d/b/a Murray Homes, upon the expiration from 10 days of the date of notice herein. The Plaintiff requests that the judgmenrt by default be entered for the sums due per the complaint originally filed in this case as follows: (a) principal in the amount of $1,418.58; (b) accumulated interest through January 31, 2009 in the amount of $256.96; (c) interest from January 31, 2009 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $283.72 (20% of the principal balance due); and (e) costs of this action. CIL~ 13f~'T ~~ 0~~'1~ l~rke,,1~.1~cP 38433 WHEREFORE, the Plaintiff requests that the judgment by default be entered in the amounts as set forth above, totaling $1,959.26, plus 18% interest on the principal balance of $1,418.58 from January 31, 2009 until the date of judgment, plus costs, per the original complaint filed. Respectfully submitted, SILVERMAN & THEOLOGOU, LLP. ary S Silverman 11 Rockville Pike Suite 300 N. Bethesda, Maryland 20852 (301) 468-4990 Counsel for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this C ~~. day of ~- , , 2010, a copy of the Praecipe to Enter Judgment by Default was sent via first class mail to: Gilbert E. Murray 60 Saint Andrews Way Etters, PA 17319 2 38433 3 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO t/a KOHL BUILDING PRODUCTS INC Plaintiff, v• Civil No: 09-5393 GILBERT E. MURRAY d/b/a MURRAY HOMES Defendant. Notice of Praeciue to Enter Judgment by Default To: Gilbert E. Murray Date of Notice: January ~, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU SLAVE FAILED TO FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN 10 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 38433 Respectfully submitted, SILVERMAN THEOLOGOU, LLP. ~\S. Silverman #44089 12 Rockville Pike, Suite 300 North Bethesda, Maryland 20852 (301) 468-4990 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this I ~ )h day of January, 2010, a copy of the Notice of Praecipe to Enter Judgment by Default was mailed via certified mail and first class mail to: Gilbert E. Murray 60 Saint Andrews Way Etters, PA 17319 2 38433 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIAn --- = i -~ KOHL ROOFING & SIDING CO ~=,'~~~ ~"' '~ t/a KOHL BUILDING PRODUCTS INC. ~> ` ~+ ~ _- Plaintiff, "~`__ -a =`-` .~. ; • ,. ~ r.f; ' ~: -~ ca v• Civil No: 09-53 ~ ~ ~ ~ ~~ °' GILBERT E. Mt1RRAY d/b/a MURRAY HOMES ~, `' Defendant. i AFFIDAVIT OF COMPLIANCE WITH THE SERVICEMEMBERS CIVIL RELIEF ACT Personally appeared before me David B. Mintz, who being first duly sworn according to law, states as follows: I. My name is David B. Mintz, of the law firm Silverman Theologou, LLP, which j has been retained by the Plaintiff herein with respect to the above-styled litigation. 2. 1 am of information and belief that the defendant is not in the active military service of the United States. 3. I have taken the following actions to confirm that Defendant Gilbert E. Murray is ', i not in the active military service of the United States: 1ti I searched on the Department of Defense Manpower Data Center fi ("https://www.dmdc.osd.mil/scra/owa/home") for'`C,ilbert Murray" with a social security number 4i matching the one listed on the Business Credit Application signed by Gilbert Murray which ~. i resulted in a certificate stating that "Based upon the information you have furnished, the DMDC does not possess any information indicating the individual status." (A copy of such certificate is ~. attached hereto as Exhibit A) ' /1~` -~ ~.~ ~ ' David B. Mintz .i SUBSCRIBED and SWORN TO before me this~`1`day of ~ ~ , 2010. ~; ~~ Notary Public My Commission Expires: ~'; "~~, VALARIE M. DAVIS `':, Notary Public '~ Prince George's Co., MD i `~~/ My Comm. Exps. April 1, 2011 a~ , 38433 ~i is Request for Military Status Department of Defense Manpower Data Center E IBIT ?~ D Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-14-2010 08:58:58 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MURRAY GILBERT Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). ~ ~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink_mil/faq/pis/PC09SLDR.htmL If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of-contact. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § https://www.dmdc.osd.mil/appj/scra/popreport.do 4/14/2010 Request for Military Status Page 2 of 2 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:1O3NV 1 QGSN https://www.dmdc.osd.mil/appj/scra/popreport.do 4/14/2010