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Home My WebLink About09-5394IN 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. GIBRALTAR DEVELOPMENT CORP., INC. Serve: Peter Iselo 142 Shoup St. Bangor, PA 18013 and PETER ISELO 142 Shoup St. Bangor, PA 18013 and JEFFREY SPOTTS 1019 Ridgeview Drive Orwigsburg, PA 17961 Defendants. COMPLAINT Civil No: oq - 6884 0,0m (G 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 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. 1 38413 2. Defendant Gibraltar Development Corp. Inc. ("Gibraltar") is and was at all times relevant hereto a Pennsylvania incorporated company. 3. Defendant Peter Iselo ("Iselo") is and was at all times relevant hereto a Pennsylvania resident. 4. Defendant Jeffrey Spotts ("Spotts") is and was at all times relevant hereto a Pennsylvania resident. Factual Background 5. On or about November 30, 1991 Gibraltar executed a Business Credit Application ("Agreement") with Kohl wherein Gibraltar agreed to pay for materials provided by Kohl. A copy of the Agreement is attached hereto as Exhibit A and incorporated herein by reference. 6. Prior to the sale of materials by Kohl to Gibraltar, Iselo and Spotts executed a personal guaranty ("Guaranty") wherein they agreed to be held personally liable for the account of Gibraltar in the event of default by Gibraltar 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. 7. Pursuant to the terms of the Agreement, Gibraltar agreed to pay interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any account past due. 8. Pursuant to the terms of the Agreement, Gibraltar agreed to pay twenty (20%) of the principal amount due for attorney's fees plus costs. 9. Pursuant to the terms of the Guaranty, Iselo and Spotts agreed to pay every claim of the company (including interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any account past due). 2 38413 . 10. Pursuant to the terms of the Guaranty, Iselo and Spotts agreed to pay twenty (20%) of the principal amount due for attorney's fees plus costs. 11. 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 Gibraltar Development Corp. Inc.) 12. Kohl incorporates paragraphs 1 through 11 in this Count I as if fully stated herein. 13. At the request of Gibraltar, from August 2008 through October 2008 Kohl provided building products (hereinafter "supplies") to Gibraltar on open account and sent invoices demanding payment. Gibraltar has failed to pay the principal amount totaling eight hundred ninety four and 02/100 dollars ($894.02). A true and accurate copy of the statement of account and corresponding invoices are attached hereto as Exhibit B and incorporated herein by reference. 14. Despite due demand for payment and full performance by Kohl, Gibraltar has failed to pay Kohl pursuant to the Agreement and is in breach thereof. 15. As a result of the failure of Gibraltar to pay the sums due, Kohl has sustained damages in the following amounts: (a) principal in the amount of $894.02; (b) accumulated interest through December 31, 2008 in the amount of $229.10; (c) interest from December 31, 2008 in the amount of 1.5% per month (18% per annum); 3 38413 (d) attorney's fees in the amount of $178.80 (20% of 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 Gibraltar Development Corp., Inc. as follows: (a) principal in the amount of $894.02; (b) accumulated interest through December 31, 2008 in the amount of $229.10; (c) interest from December 31, 2008 in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $178.80 (20% of principal balance due); and (e) costs of this action. Count II (Breach of Guaranty by Peter Iselo and Jeffrey Spotts) 16. Kohl incorporates paragraphs 1 through 15 in this Count II as if fully stated herein. 17. At the request of Gibraltar, from August 2008 through October 2008 Kohl provided building products (hereinafter "supplies") to Gibraltar on open account and sent invoices demanding payment. Gibraltar has failed to pay the principal amount totaling eight hundred ninety four and 02/100 dollars ($894.02). A true and accurate copy of the statement of account and corresponding invoices are attached hereto as Exhibit B and incorporated herein by reference. 18. Despite due demand for payment and full performance by Kohl and the default by Gibraltar, guarantors Iselo and Spotts have failed to pay Kohl pursuant to the Guaranty and are in breach thereof. 4 38413 19. As a result of the breach of the Guaranty by Iselo and Spotts, Kohl has sustained damages in a sum equal to the outstanding balance, which is due from Gibraltar as follows: (a) principal in the amount of $894.02; (b) accumulated interest through December 31, 2008 in the amount of $229.10; (c) interest from December 31, 2008 in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $178.80 (20% of principal balance due); and (e) costs of this action. WHEREFORE, Plaintiff, Kohl Roofing & Siding Co. tla Kohl Building Products Inc. demands judgment against Defendants Peter Iselo and Jeffrey Spotts as follows: (a) principal in the amount of $894.02; (b) accumulated interest through December 31, 2008 in the amount of $229.10; (c) interest from December 31, 2008 in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $178.80 (20% of principal balance due); and (e) costs of this action. SILVIERMAN"t ASSOCIATES, CHTD. Garman #44089 1120 kville Pike, Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 5 38413 VERIFICATION GARY S. SILVERMAN, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswornffalsy`ication to authorities. erman #44089 112 ckville Pike Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 6 38413 77/7 CCRPORA?c 077!CE a "Le G ^1 y? ? P n Q C1 Road P.0 . Box 47-16 V R_adwg. FA 1961 2-1716 1 BUILDING PRODUCTS 215-926-8800 215 - 925-0806 (FAX) J BUSINESS CREDIT APPLICATION - EXHIBIT Instruct ions: 1. Fill cut top part of form v 2. Sign appropriate sections, including back of form Credit Limit 3. Prov i:le financial statemen t - Date of application: Legal Name of Business: L1JAA- I-A-P 12A4C AlI Uf\ran ° I Address: Piz, &?? 13 S_-cm w ASS \? . Business Phone: ZIS ??-2? y Fa/x?? #: orporation Sole Prop Partnership Name and Address of Bonding Co.: J5a;0 xcr???ayc` -3 74 ' &4-.A-9,F AZ- ( rfi ?, 2&ZZ1_ Nature of Business: 5,O?_DTIA't-d,"s-,R?cc?oN -Date Started: 4097 Principals: Full Name Home Address & Phone # 717_6'z2_LgS1 Position Social Security # OR PaFTSg4,LE PA 1-7gr 1 V,u Prtis. i??-sz?-?2sr _715-$I-3C4 sz p 2) P+?rfz J i5C RR03 &*37-89A ruas6 z>VA ISS3-C3 [ 2LaS3° 3) BUSINESS REFERENCES: Name Address & Phone # Account # 'L o0 ier S uppl C2 (? W61, e, RT /f 206 p ?. 6-nma 5 !ILL.C, PA IS 32:L Z i 7 `? 9Z Supplier nn loot{ig q<, LufA6aA Qy xS3(c6 ??Nbtl?hS Vea!4 QA AU2,S -7i7-`52.$-8'1-2.F5 -- Supplier r> Ylc+ ??kCkn !?(1ue11 rrfZ RTl 1 ORu ?S$a,?!} !"9?f 71 T- 3?? ^os7& Supplier ilti?ut s l a VAz?x?tr65 S?7Zt OSS?aeo?P 7Qt1cT 81l Y?o?acc> S T- 2qq A 1?3Eo 'li i i u Bank (Checking) o .*=-2719c ?J-,r.-?-?ic?s?'¢?w I?.xcnk ai 2n9 ?tL?i.z,.?ts.i:llc??lt (83LZ 7tg-?'yz-?(2Z ?lbl??O'{5? 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, or otherwise become the creditor of I/WE hereby unconditionally PERSONALLY GUARANTY to the Company the prompt payment, when due, of every claim of the Company which may hereafter arise against I/WE do also unconditionally PERSONALLY GUARANTY payment of all reasonable costs of collection including but not limited to, twenty percent (20%) attorneys' fees and court costs. 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 it 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 may have with respect to the above-noted debt. The Guarantors herebv waive their homestead eyemption as well as all req::irements or rights with regard to notice, demand Dresentation 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 Berkeley 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, costs, prejudgement interest and attorney's fees, and further consents to immediate execution of said judgement. Signature i0 Date /1-30 IL Signature Date Signature Date TF04S AND CONDITIONS OF SALE R a 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 a manufacturer shipping error, or any other error, purchaser agrees to hold Kohl Building Products harmless for any delay and agrees to make 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 the 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 the sale 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 THE 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 CUSTOMERS, 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' fees, 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 statement 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 FULL BY THE PURCHASER. Should purchaser take action under Title 11 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 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 shill 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 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. ign re Signa ur JE-Cp f ,/ A Oro-lrs Name (Print) Name (Print) KoNL BUILDING PRODUCTS REMIT TO: 1047 OLD BERNVILLE ROAD READING, PA 19605-9311 S T A T E M E N T GIBRALTAR DEVELOPMENT CORP *S* SHIP TO: ****CASH ACCT**** EXHIBIT 6 MOUNT BETHEL PLAZA MOUNT BETHEL PA 18343-9631 ACCOUNT # GIB100 STATEMENT DATE 02-03-09 COPY # 1 ACCOUNT# PHONE # DIVISION PAGE GIB100 570/897-2222 05 1 INVOICE CUSTOMER INVOICE, GROSS DISCOUNT DISCOUNT NET DATE PO NUMBER AMOUNT DATE' AMOUNT PAYMENT AMOUNT 08/13/08 SHOUP ST 48339 904.14 500.00 404.14 08/15/08 3RD AVE 48646 117.95 117.95 09/30/08 88875 67.97 67.97 10/10/08 SHOCK ST 53011 349.25 349.25 10/24/08 SHOUP STREET 554211 22.68 22.68 10/31/08 90229 67.32 67.32 11/30/08 91415 72.90 72.90 12/31/08 92553 20.91 20.91 -"HECKS RE CEIVED SINCE: 01 -03-09 L604 01-06-09 213.86 X01652 01-30-09 500.00 CURRENT 30 DAYS 60 DAYS 90 DAYS OVER 90 TOTAL DUE 20.91 72.90 439.25 590.06 1,123.12 KOHL BUILDING PAODUCiS KOHL BUILDI 'RODUCTS REMIT T0: 101 GYPSUM RuAD 1047 OLD BERNVILLE ROAD STROUDSBURG, PA 18360 READING, PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP *S* S GIBRALTAR DEVELOPMENT CORP *S* ****CASH ACCT**** H ****CASH ACCT**** 6 MOUNT BETHEL PLAZA I 6 MOUNT BETHEL PLAZA MOUNT BETHEL PA 18343-9631 P MOUNT BETHEL PA 18343-9631 INVOICE NO. 548339 INVOICE DATE 1 08 -13 -08 1 ACCOUNT # SHIP DATE SHIP VIA PAGE GIB100 08-12-08 PRIORITY PU 1 REFERENCE FREIGHT TERM MESSAGE 570-897-2222 J 'S CELL 977-9292 OUTSIDE SALES MAN INSIDE SALESMAN -7 ? PURCHASE ORDER STEVE MILKOVITS T G OLSEN SHOUP ST QUANTITY UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT ORDERED SHIPPED - 3 3 SQ _ PREST30FHG 3 SQ 72.000 216.00 TIMBERLINE PRESTIQUE 30YR; FOX HOLLOW G Y 1 1 BDL TIMTEXFHG 1 BDL 48.000 48.00 GAF TIMBERTEX CAPS 20'; FOX HOLLOW GRAY CAN BE USED WITH NEW AND OLD PRODUCTS 1 1 BDL PROSTART 120 lineal ft 1 BDL 27.950 27.95 GAF/Elk PRO-START STARTER SHINGLES 1 1 RL 15FLT 1 RL 22.950 22.95 15# FELT (4 SQ) 100 ' 100 PCS PBSTFL6 300, PCs .300 30.00 PRE-BENT 6 X 8 STEP FLASHING >.. , 1 RL RV20 1 RL 49.400 49.40 RIDGE ROLL VENT 20' 5 5 PC. ODEWA6 FWA55 "5 PC. 5.110 25.55 F5S DRIP EDGE; WHITE ALUMINUM -:. PART# ODEWA6 4.00 1.66 SQ QT40ST 1.66 SQ 79.00 131.14 QUEST D4" SANDTONE 5; 5 PCS MVFTST S PCs 4.400 22.00 FINISH TRIM; SANDTONE 9 9 PCS MVJ071ST 9 PCS 5.100 45.90 7/8 J CHANNEL - 1" FACE; SANDTONE 8 8 PCS AWOP06ST 8 PCS 15.400 123.20 3/4 ALCOA GRAINED OS POST; SANDTONE TOTAL: CCNI2,X=..... SKO H L KOHL BUILDI RODUCTS REMIT TO: BUILDINGPADDUGS 101 GYPSUM RUAD 1047 OLD BERNVILLE RUHD STROUDSBURG. PA 18360 READING. PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP *S* S GIBRALTAR DEVELOPMENT CORP *S* ****CASH ACCT**** H ****CASH ACCT**** 6 MOUNT BETHEL PLAZA I 6 MOUNT BETHEL PLAZA MOUNT BETHEL PA 18343-9631 P MOUNT BETHEL PA 18343-9631 INVOICE NO. 548339 INVOICE DATE 08-13-08 CUSTOMER ACCOUNT # SHIP DATE SHIP VIA PAGE GIB100 08-12-08 PRIORITY PU 2 REFERENCE FREIGHT TERM MESSAGE 570-897-2222 J'S C ELL 977-9292 OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER STEVE MILKOVITS GARY OLSEN SHOUP ST QUANTITY UOM DESCRIPTION QUANT ITY UOM PRICE DISCOUNT EXT ORDERED SHIPPED 6 6 PCS MVS250 6 PCs 3.400 20.40 MASTIC VINYL STARTER STRIP 1 1 EA MAMOUNT011 1 EA 7.270 7.27 MOUNT MASTER; #11 ALCOA DESERT SAND 3 3 PC PTS12VMWH 3 PC 8.640 25.92 PRO-TECH+ TPL 4 VENTED MATTE; WHITE 2' 2 PC PTS12NMWH 2 PC 8.640 17.28 PRO-TECH+ TPL 4" SOLID MATTE; WHITE 10 10 PCS MVJ051MWH 10 PCS 4.000 40.00 5/8 J CHANNEL 1" FACE; WHITE SUB-TOTAL 852.96 6%- PA SALES TAX 51.18 1596 Handling Charge On All Returns PAY TERMS 1% 10TH & 25TH DUE DATE: SEPTEMBER 10, 2008 YOU MAY DEDUCT $8.53 IF PAID ON OR BEFORE AUGUST 25, 2008 TOTAL: $ 904.14 KO H ` KOHL BUILDI "RODUCTS REMIT TO: BUILDING PRODUCTS 101 GYPSUM kUAD 1047 OLD BERNVILLE RUAD STROUDSBURG, PA 18360 READING, PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP *S* S GIBRALTAR DEVELOPMENT CORP *S* ****CASH ACCT**** H ****CASH ACCT**** 6 MOUNT BETHEL PLAZA I 6 MOUNT BETHEL PLAZA MOUNT BETHEL PA 18343-9631 P MOUNT BETHEL PA 18343-9631 INVOICE NO. 548646 INVOICE DATE 08-15-08 k-U.71 U( rIX ACCOUNT # SHIP DATE SHIP VIA PAGE GIB100 08-15-08 PRIORITY PU 1 REFERENCE FREIGHT TERM MESSAGE 570-897-2222 J'S CELL 977-9292 OUTSIDE SALES MAN INSIDE SALESMAN PURCHASE ORDER STEVE MILKOVITS GARY OLSEN 3RD AVE QUANTITY ORDERED SHIPPED UOM I r DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT 4 4 EA MAMOUNT045 4 EA 7.270 29.08 MOUNT MASTER; #45 SANDTONE 2 2 EA MARCMIN045 2 EA 6.860 13.72 RECESSED MINI; #45 SANDTONE 1 1 EA MAMOUNT008 I EA 7.270 7.27 MOUNT MASTER; #08 CLAY MATCHES WOLV CLAY; ALCOA/MASTC PEBBLESTONE CLAY; CTEED NATURAL CLAY 12 12 PCS MVJ071DS 12 PCS 5.100 61.20 7/8 J CHANNEL - I" FNCE ; 17ESER!I' ; -SAND SUB-TOTAL 111.27 6% PA SALES TAX` 6.68 15--16 Handling Charge On All Returns PAY TERMS: 1% 10TH & 25TH DUE DATE: SEPTEMBER 10, 2008 YOU MAY DEDUCT $1.11 I F PAID ON OR BEFORE AUGUST 25, 2008 TOTAL: $ 117.95 ?r c `KOHL KOHL BUILDI 'RODUCTS REMIT T0: BUILDING PRODUCTS 101 GYPSUM ROAD 1047 OLD BERNVILLE ROAD STROUDSBURG, PA 18360 READING, PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP *S* S GIBRALTAR DEVELOPMENT CORP *S* ****CASH ACCT**** H ****CASH ACCT**** 6 MOUNT BETHEL PLAZA I 6 MOUNT BETHEL PLAZA MOUNT BETHEL PA 18343-9631 P MOUNT BETHEL PA 18343-9631 INVOICE NO. 553011 INVOICE DATE 10-10-08 CUSTOMER ACCOUNT # SHIP DATE SHIP 'VIA PAGE GIB100 10-09-08 DELIVERY 1 REFERENCE FREIGHT TERM MESSAGE 570-897-2222 J'S CELL 977-9292 OUTSIDE SALESMAN INSIDE (SALESMAN PURCHASE ORDER STEVE MILKOVITS KENNETH LAINO SHOCK ST QUANTITY , ORDERED SHIPPED> UOM DESCRIPTION QUANTITY UOM ---- PRICE DISCOUNT EXT 32 32 PC PTS12NMWH 32 PC 9.490 303.68 PRO-TECH+ TPL 4" SOLID MATTE; WHITE 6 6 PCS MVJ051MWH 6 PCS 4.300 25.80 5/8 J CHANNEL - 1" FACE; WHITE SUB-TOTAL 329.48 6% PA SALES TAX 19.77 I 155 Handling Charge On All Returns PAY TERMS 1% 10TH & 25TH DUE DATE: NOVEMBER 10, 2008 YOU MAY DEDUCT $3.29 IF PAID ON OR BEFORE OCTOBER 25, 2008 TOTAL: $ 349.25 KOHL BUILDING PRODUCTS KOHL BUILDI 'RODUCTS REMIT T0: 101 GYPSUM ROAD 1047 OLD BERNVILLE ROAD STROUDSBURG, PA 18360 READING. PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP *S* S GIBRALTAR DEVELOPMENT CORP *S* ****CASH ACCT**** H ****CASH ACCT**** 6 MOUNT BETHEL PLAZA I 6 MOUNT BETHEL PLAZA MOUNT BETHEL PA 18343-9631 P MOUNT BETHEL PA 18343-9631 INVOICE NO. 554211 INVOICE DATE 10-24-08 ACCOUNT`# SHIP DATE SHIP VIA PAGE GIB100 10-24-08 PRIORITY PU 1 REFERENCE FREIGHT TERM MESSAGE 570-897-2222 J'S CELL 977-9292 OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER STEVE MILKOVITS TIM JOHNSON SHOUP STREET QUANTITY UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT ORDERED SHIPPED 3 3 PCS QT40ST .25 SQ 85.60 21.40 QUEST D4" SANDTONE SUB-TOTAL 21.40 616 PA SALES TAX 1.28 i 15a Handling Charge On All Returns PAY TERMS: 1% 10TH & 25TH DUE DATE: NOVEMBER 25, 2008 - YOU MAY DEDUCT $.21 IF PAID ON OR BEFORE NOVEMBER 10, 2008 TOTAL: $ 22.68' KO H L KOHL BUILL PRODUCTS REMIT TO: BUILDING PRODUCTS 101 GYPSUM ROAD 1047 OLD BERNVILLE ROAD STROUDSBURG, PA 18360 READING PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP S H 6 MOUNT BETHEL PLAZA I MOUNT BETHEL PA 18343-9631 P INVOICE NO. SC1008 INVOICE. DATE 10-31-08 ACCOUNT # SHIP DATE SHIP VIA PAGE GIB100 10-31-08 1 REFERENCE FREIGHT TERN! MESSAGE 90229 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN ' PURCHASE ORDER STEVE MILKOVITS QUANTITY UDM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT ORDERED SNIPPED LATE PAYMENT FOR MONTH ENDING OCTOBER, 2008 $67.32 18.00 o SERVI CE CHARGE FOR PAST DUE BALANCE OF $4487.89 -a TOTAL: $ 67.32 KOHL BUILT PRODUCTS REMIT TO: 101 GYPSUM ROAD 1047 OLD BERNVILLE ROAD !"# STROUDSBURG, PA 18360 READING PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP S H 6 MOUNT BETHEL PLAZA I MOUNT BETHEL PA 18343-9631 P i INVOICE NO. SC1108 INVOICE DATE 11-30-08 ACCOUNT # SHIP DATE SHIP VIA PAGE GIB100 11-30-08 1 REFERENCE FREIGHT TERM MESSAGE 91415 LATE PAYMENT OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER STEVE MILKOVITS QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT LATE PAYMENT FOR MONTH ENDING NOVEMBER, 2008 $72.90 18.00 o SERVI CE CHARGE FOR PAS T DUE BALANCE OF $4859.82 B l il d.5 ??ms 00 TOTAL: $ 72.90 KOHL KOHL BUILDI PRODUCTS REMIT T0: BUILDING PRODUCTS 101 GYPSUM ROAD 1047 OLD BERNVILLE ROAD STROUDSBURG. PA 18360 READING PA 19605-9311 INVOICE GIBRALTAR DEVELOPMENT CORP S H 6 MOUNT BETHEL PLAZA I MOUNT BETHEL PA 18343-9631 P INVOICE NO. SC1208 "INVOICE DATE 12-31-08 ACCOUNT '# SHIP DATE ;SHIP VIA PAGE GIB.100 12-31-08 1 REFERENCE FRE=IGHT TERM MESSAGE 92553 LATE PAYMENT OUTSIDE SALESMAN t NSIQE' SALESIUAIV ORDER PURR ASE STEVE MILKOVITS QUANTITY ORDERED SNJPPED UOM DESCRIPTION QUANTITY UOM PRICE DfSCOUNT EXT LATE PAYMENT FOR MONTH ENDING DECEMBER, 2008 $20.91 18.00-$ SERVICE CHARGE FOR PAST DUE BALANCE OF $1394.02 WM POW, TOTAL: $ 20.91 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: GIBRALTAR DEVELOPMENT CORP., INC. Serve: Peter Iselo 142 Shoup St. Bangor, PA 18013 and PETER ISELO 142 Shoup St. Bangor, PA 18013 and JEFFREY SPOTTS 1019 Ridgeview Drive Orwigsburg, PA 17961 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 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 38435 Q .. C. $ 5o RD AT rY ct# loaga P-T* aas`l ioa AW CJ IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO t/a KOHL BUILDING PRODUCTS INC. Plaintiff, vs. GIBRALTAR DEVELOPMENT CORP., INC and PETER ISELO and JEFFREY SPOTTS Defendants. To: Prothonotary of the Court Civil No: 09-5394 PRAECIPE Please discontinue and dismiss the above-captioned case with prejudice. Respectfully submitted, 41FRoeSkkvilVIIePike, & ASSO IATES. CHTD. LERMAN, Esq. #44089 Suite 300 N. Bethesda, MD 20815 (301) 468-4990 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 'Z day of August, 2009, a copy of the foregoing Praecipe was mailed, postage prepaid to: Gibraltar Development Corp., Inc. c/o Peter Iselo 142 Shoup St. Bangor, PA 18013 Peter Iselo Jeffrey Spotts 142 Sho 1019 Ridgeview Dr. Bangor 13 Orwigsburg, PA 17961 GARY S. SILVERMAN 38413 RLED Vit-till.. OF THE l lnr?eOTARY 2009 AUG 24 P lE 0 Sheriffs Office of Cumberland County R Thomas Kline Sheri ?tLR o1 c'ulubrr f Ronny R Anderson ?aa Cdr Chief Deputy ` `' Jody S Smith Civil Process Sergeant OFFICE Cr `."s `"ERiFF Edward L Schorpp Solicitor OF Rl- 2009 Auk; 28 PM 1:04 Cu, i NT Y nn r , LJF "; Kohl Roofing & Siding Co. vs. Gibraltar Development Corp. Case Number 2009-5394 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: Gibraltar Development Corp., Inc. by serving upon Peter Iselo, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Northampton County, PA to serve the within Complaint and Notice according to law. 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: Peter Iselo, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Northampton County, PA to serve the within Complaint and Notice according to law. 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: Jeffrey Spotts, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Schuylkill County, PA to serve the within Complaint and Notice according to law. 08/09/2009 04:13 PM - Schuylkill County Return: And now August 9, 2009 at 1613 hours I, Joseph Groody, Sheriff of Schuylkill County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Jeffrey Spotts by making known unto himself personally, at 1019 Ridgeview Drive Orwigsburg, PA 17961 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/12/2009 11:43 AM - Northampton County Return: And now August 12, 2009 at 1143 hours I, Kerry K. Hawbecker, Sheriff of Northampton County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Peter Iselo by making known unto himself personally, at 669 Washington Street Easton, PA 18042 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/12/2009 11:43 AM - Northampton County Return: And now August 12, 2009 at 1143 hours I, Kerry K. Hawbecker, Sheriff of Northampton County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Gibraltar Development Corp. by making known unto Peter Iselo, adult in charge at 669 Washington Street Easton, PA 18042 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $78.00 August 25, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF