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Home My WebLink About09-7561SPP:ERS:crh 533528.2 (06038.070) 10/28/09 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Plaintiff bq _ '75(01 V. - SUNNYROCK BUILDING & DESIGN, LLC Defendant TO THE WITHIN DEFENDANT: NOTICE 0,1yi 1-F&-K 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa 17013 Telephone: (800) 990-9108 (717) 249-3166 SPP:ERS:crh 533528.2 ( 06038.070) 10/28/09 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Date: I C C'-1 log BLAKINGER, BYLER & THOMAS, P.C. By: F -- Susan P. Peip6r, Esqu e Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff 2 SPP:ERS:crh 533528.2 (06038.070) 10/28/09 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Plaintiff 14. 0 9 - -7S G / 0 ; 7e-? V. SUNNYROCK BUILDING & DESIGN, LLC Defendant COMPLAINT 1. Plaintiff, Quality Stone Veneer, Inc., is a Pennsylvania corporation with offices located at 50 Refton Road, P.O. Box 117, Refton, Pennsylvania 17568 ("Quality Stone Veneer"). 2. Defendant Sunnyrock Building & Design, LLC is a Pennsylvania limited partnership with a registered address of 1780 Pinetown Road, Wellsville, Pennsylvania 17365. 3. At all relevant times, Plaintiff was engaged in the business of selling and distributing stone veneer products. 4. On December 26, 2008 and April 28, 2009, Defendant purchased stone veneer products and installation services from Plaintiff pursuant to written proposals accepted by Defendant for a property located at 506 Halyard Road, Enola, Cumberland County, Pennsylvania. True and correct copies of the written proposals are attached hereto and incorporated herein as Exhibit "A." 5. The work set forth in the proposals attached as Exhibit "A" was completed by Plaintiff and accepted by Defendant. SPP:ERS:crh 533528.2 (06038.070) 10/28/09 6. Defendant received invoices from Plaintiff which detailed the work performed by Plaintiff. Copies of the invoices reflecting Plaintiffs work are attached hereto and incorporated herein as Exhibit "B." 7. Per the invoices at Exhibit "B," as of October 1, 2009, the balance owed on Defendant's account to Plaintiff is $15,057.00. 8. Although demand has been made, Defendant has failed to pay any or all of the balance of $15,057.00 owed to Plaintiff. COUNT I - BREACH OF CONTRACT 9. Paragraphs 1 through 8 are incorporated herein as if set forth in their entirety. 10. Plaintiff and Defendant entered into contracts for the installation of stone veneer when Defendant accepted in writing the written proposals. See Exhibit "A." 11. The proposals accepted by Defendant specifically state that payment shall be made according to the following terms: "1/3 down, 1/3 upon 50% completion, 1/3 upon completion." 12. Plaintiff installed the stone veneer products in accordance with the proposals. 13. The projects have been completed yet Defendant has failed to make payment consistent with the terms of the written proposals. 14. Defendant breached the terms of the written proposals by failing to pay the balance due in the amount of $15,057.00. WHEREFORE, Plaintiff Quality Stone Veneer, Inc. demands judgment in its favor and against Defendant Sunnyrock Building & Design, LLC for $15,057.00, plus costs, attorney fees, interest and any other relief this Court deems appropriate. 2 SPP:ERS:crh 533528.2 (06038.070) 10/28/09 COUNT II - UNJUST ENRICHMENT 15. Paragraphs 1 through 14 are incorporated herein as if set forth in their entirety. 16. Plaintiff installed stone veneer products at Defendant's request. 17. Defendant accepted and retained all goods and benefitted from the services provided to Defendant. 18. Defendant's acceptance and retention of all goods and services provided to Defendant results in the unjust enrichment of the Defendant, to the detriment of the Plaintiff, in the amount of $15,057.00. WHEREFORE, Plaintiff Quality Stone Veneer, Inc. demands judgment in its favor and against Defendant Sunnyrock Building & Design, LLC for $15,057.00, plus costs, interest and any other relief this Court deems appropriate. BL GER, BYLER & THOMAS, P.C. By: a J??_ Susan P. Peipher, Esq ire 3 SPP:ERS:crh 533528.2 (06038.070) 10/26/09 VERIFICATION I, Kim Detwiler, verify that I am the Representative of QUALITY STONE VENEER, INC., and as such, I am authorized to make this Verification on its behalf, and I verify that the foregoing Complaint is true and correct to the best of my knowledge, information and belief. This Verification is subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. QUALITY STONE VENEER, INC. Dated: 1c)) 2L-Q-1 u q By: 241;L ?Ai 0 UAA - Kim Detwiler, Representative 4 Mar Erd 05 UU: b7a J L Kurtsam 11 1- tz1e_'Yz300 V. A JAA'la'ZUUU i11U uo:40 rM oullbluton rKA no• II I00y9914 r• vuc {QUALITY STONE, LITTLESTOWN DIVISION 6295 Baltimore Pike, Littlestown PA 17340 Phone (717) 359-4200 Fax (717) 359-4472 PROPOSAL Date: December26, Zoos Job 1D: 1521162 Submitted To: 5unnyrock Building & Design, Uc 1780 Pinetovn Road Wellsville, PA 17365 phme Number : (747) 432-4988 Fax Number: (797) 432-4986 Job Name: Halyard Rd. River Bend 29 Fiedler We hereby submit an estimate for all tabor and materials to install manufactured stone veneer on West elevation upperdeck firapdace with raised flagstone hearth, chimney, south elevation, east elevation and north elevation, family room fireplace with flagstone hearth, masts bedroom fireplace, living room fireplace, main level stair wall, lower and upper stahwalls/screened in porch fireplace with flagstone hearth. Job subject to field measure before insta tfon. Price with no flagstone: $28,614.00 Price with flagstone: $31,135.06 Comers to receive cornerstones. Wmdows and knetswalls to receive oil stones. Stone Color flown Hill Stone Style Ohio Drystack Mortar Color Gny We propose to hereby furnish material and lahw complete in accordance with the above spetifrcaf olm for the sum of : Thirty One Thousand One Hundred Thirty Five and xx100 dollars $31,135.00 AD mmWW is puarsntse0 to be as spaGowL Ali work to be vempleted In a worlWanlIn manne? aeoorCrAll to sbodsrd pradicse. Any aaararlan or deviatim tram above sPat9atatlons trnolvirra an casts vM be executed orey.upon wrK%u orders, and will become an amm chava over and above the asthnrrta All ap M WAS oomhrpant upon stribs, acclderds, or delays beyond our eontmL Owner to carry flee, tornado, and other naoseoary insurance. our workers are fully covered byVlorbman's Compensation Insurance. Signature We may withdraw this proposal if not accepted within THIRTY days . Terms : -113 down 13 uoon 50% comotetion.913 coon comaletion credit application must be processed and approved before job can be scheduled. Terms listed above are subject to change based on you recent cradit history. AN deposits must be received before job can be scheduled. Acceptance of Proposal The ab prWas, specifications, and conditions are satisfactory and are hareby accepted. Quality Stone is authoriz d the workas specified. Paymentwitl be made as outlined a ve . Ze?? Signature. Date : Kr-kA Signed proposal must be received before job can be scheduled. - QUALITY STONE, LITTLESTOWN DIVISION -WORK ORDER 6295 Baltimore Pike, Littlestown PA 17340 Invoice Number : 906269 Phone : (717) 359-4200 i Fax : (717) 359-4472 Date : March 11, 2009 Date : May 27, 2009 Region : Littlestown Salesman : L T - Shackiock, Kevin Job ID: 162862 JOB ADDRESS BILLING ADDRESS Client: Sunnyrock Building & Design Client Sunnyrock Building & Design, Lie Lot : 29 Line Address : 1780 Pinetown Road Development : Halyard Rd. River Bend City / State 123p, Wellsville, PA 17365 Residence Name : Fiedler Phone Number : (717) 432-4988 State of Job : PA Contact Name : Jonathan Ruhsam 15 West elevation upperdeck fireplace with raised flagstone hearth, chimney, south elevation, east elevation and T north elevation, family room fireplace with flagstone hearth, master bedroom fireplace, living room fireplace, A main level stair wall, lower and upper stairwalis, screened in porch fireplace with flagstone hearth. Job I subject to field measure before Installation. L 05-27-09 - ADDITION: Installation only of flagstone mantle and flagstone hearth on interior fireplace. Builder to M cut flagstone to size. Stone Color: Pigeon Hill Stone Style: Ohio Drystack Mortar Color : Gray Amount of Fiats : 2469 Amount of Comers : 278 Color Sienna Sienna Sienna Sienna Product Name uanti Mantle Brackets 2 Small Light Blocks 4 Flagstone 40 Small Outlet Block 2 3 Ln Ft Window Sills 45 flagstone Treads 50 Bundles of wire: 17.21 Number of Planks : Ladder J0 Bring Water Rolls of Tar Paper. 6.37 Number of Braces : Roof Jacks ® Electric ' EM Fireplace 0 Number of Pins : Outriggers ® Bring Heater Pieces of Scaffolding : Number of Legs : Roof / Porch Cover ® Stub Nails ' NOTES : Ia, PA // 97 North to 15 North to left at Valley St turn right at first St turn right at Miller St. turn at Bella Vista Dr, turn right at Halyard Rd/ Halyard Dr. Name oT Installer : j-rpr? S i 5 t? (jzuTco,_, 5 Date of Completion : ?'? ? eq 6?6-oq 1:3 -09 ?D Total Square Footage 18511 ured Stone : , V 3 d P Total Square Footage Flagstone : p Price per Square Footage Manufactured Stone : Total Price per Square Footage Flagstone :4"Ll 42 Total: Additional Charges: GRAND TOTAL: T 31,, ZI 3 5 ` o T, 'May.26 09 06:22p J L Ruhsam 717-432-4988. P-1 AP08-2009 t0E 01:39 Pu r, uur. QUALITY STONE, LITTLESTOWN DIVISION 6295 Baltimore Pke, Littlestown PA 17340 Phone (717) 3594200 Fax (717) 359-4472 PROPOSAL Doh: App 28, 2009 Job ID: 113260 5ubmhted 7o: Sunnyrock Building 14 Design, Llc 1780 Pinetown Road Wellsville, PA 17365 Phone Numbr: (717) 432-4986 Fax Number : (717) 432.4988 Job Alems: River Bend 29 - Halyard Rd - installation only we hereby submit an estimate for all labor and materials to instal! manufactured stone veneer on Installation only of flagstone mantle and flagstone hearth an Interior Areplace. Builder tts cut flagstone to size. Stone Color Standard Stone Style Standard Mortar Color WAY We propose to Mnby furnish malarial and labor complefe In accordance wNh the abaft speefA wits for the war of Three Hundred And XX/00 Dollars. 300.00 All m AwW Is gwrardsed Is be w specgbd Al work to be completed In a workmanNks manner aocwftg to owxkrd practlaw, Any aeration or davlation Ran straw apsdncetkers kwolving antra costs will be amut d only epos written ciders. end wW booom an extra Charge over and above tiu as#mdL Al agrommis Contingent upon stdua, s cfdae, or do*s beyond our conltol. Owner to carry to, tbrnmb, and o9wr necessary1rowanoe. ou'workers Oro 1ullj,cewrsdby,Wb*man'a compensation tnaurenoe. Signature : We may withdraw this proposal 9 not accepted within THIRTY days. Terms ; Net 15 days Credit application must be processed and approved before job can be scheduled. Terms listed above are subject to change based on your recent credit history. All deposes must be received before job can be scheduled. Acceptance of Proposal The above , speelticstlaru, and conditions are satisfactory and are hereby accepted. Quality Stone is authorised to a work es specUled. Payment will be made as outlined above, Signature : Date ; n5 ipnad proposal must be received before job can be scheduled . Quality Stone Veneer NWP, LLC INVUIUL P.O. Box 117 STONE 50 Refton Road invoice 0906269A Refton, PA 17568. 717-786-3229 Fax: 717-806-0961 Date 07/01/09 E-Mail: accounts@qualitystoneveneer.com Website: www.qualitystoneveneer.com Page 1 Sold SUNNYROCK BUILDING & DESIGN Ship SUNNYROCK BUILDING & DESIGN To 1780 PUWMWN RD To 1780 PINETOWN RD WELLSVILLE PA 17365 WELLSVILLE PA 17365 Your customer code is SUNNYR SI 1 SIspZ Due Date Disc Due Date Order No Order Date Ship Date Ship No 12/26/08 07101/09 48 4 07/16!09 0004 Terms Description Customer PO No Ship. Via 1.59kharge per month NET 15 DAYS PROPOSAL Item information Tx U/M Ordered Shipped 0000 1 Unit Price 0000 31135 Extension 31135.00 00 1.0000 . . 29 HAYLYARD RD. RIVER BEND FIEDLER WEST ELEVATION UPPERDECK P CE WITH RAISED HEARTH, CHMM , SO H ELEVATION, EAST ELEVATION Al ID NORTH ELEVATION, FAMILY ROC M FIREPLACE WITH FLAGSTONE BE kRTI , MASTER BEDROOM FIREPLACE, VIN ROOM FIREPLACE, MAIN LEVEL TAIP WALL, LOWER AND UPPER STAIR WAI LS, 00 1.0000 1.0000 .0000 .00 SCREENED IN PORCH FIREPLACE IT FLAGSTONE HEARTH. JOB SU FIELD MEASURE BEFORE INSTAL ATI N.• 00 1.0000 1.0000 300.0000 300.00 INSTALLATION ONLY OF FLAGST ONE MANTLE AND FLAGSTONE HEAR TH 0 11 INTERIOR FIREPLACE. BUILDER 1 0 C FLAGSTONE TO SIZE. PIGEON HILL If you have any questions with regards to your invoice, please contact WE ACCEPT MAJOR CREDIT CARDS. Dawn at 717-808-2209 Taxable Non-Taxable Freight Sales Tax Misc Charge Grand Total • ,-tom ?.J ? + 1:? ? ? I ' , J ` ? ? Office Coov Quality Stone Veneer NWP, LLC INVOICE Box 117 STONE 50 0 R efton Road Refton, PA 17568 Invoice 0906269A 717-786-3229 Fax: 717-806-0961 E-Mail: accounts@qualitystoneveneer.com Date 07/01/09 Website: www.qualitystoneveneer.com Pa e 2 g Sold SUNNYROCK BUILDING & DESIGN. Ship SUNNYROCK BUILDING & DESIGN To 1780 PINETOWN RD To 1780 PINETOWN RD WELLSVILLE PA 17365 WELLSVILLE PA 17365 Your customer code is SUNNYR Slap 1 SIsp2 Due Date Disc Due Date Order No Order Date Ship Date Ship No 48 4 07116/09 0004 12126/08 07101/09 Terms Description Customer PO No ship via NET 15 DAYS PROPOSAL 1.5%charge per month Item information Tx U/M Ordered Shipped Unit Price Extension OHIO DRYSTACK GRAY 00 1.0000 1.0000 .0000 .00 LABOR & MATERIALS FOR STONE PER PROPOSAL 00 1.0000 1.0000' .0000 .00 PAYMENTS PREVIOUSLY RE D 3/10/09 CK# 2155 $10,376.00 6/19/09 CK# 2215 $6000.00 WE ACCEPT MAJOR CREDIT CARDS. If you have any questions with regards to your invoice, please contact Dawn at 717-806-2209 Subtotal: 31435.00 Taxable Non-Taxable Freight Sales Tax Misc Charge Grand Total .00 31435.00 .00 .00 .00 31435.00 Office Co (ID FILE[ ,TAPY nT THE 2GD9 NOV -2 PH 1: 17 478.50 Po ATt1 CIG`# g7a&5- e od3a.847 SPRERS 572417.1 (06038.070 ) 1114!10 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff 2"€'?':' -5 Pik 3: r L,.E;_t{ , .k7 ? ,?L7Itt- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA QUALITY STONE VENEER, IN V. CIVIL ACTION - LAW C. Plaintiff No. 09-7561 Civil Term SUNNYROCK BUILDING & DESIGN, LLC Defendant PRAECIPE Please enter default judgment in favor of Plaintiff, Quality Stone Veneer, Inc. and against Defendant, Sunnyrock Building & Design, LLC in the amount of $16,802.16 as follows: Judgment amount $14,057.00 Interest from 10/1/09-11/1/10 $ 2,745.16 TOTAL $16,802.16 plus continuing interest at the rate of $6.93 per diem from November 1, 2010, attorney fees and costs as allowed by law. Pursuant to Pa.R.C.P. 237,1, a ten day notice of default was mailed to the Defendant on October 19, 2010, a true and correct copy of which is attached hereto. BLAKI GER, BYLER HOMAS, P.C. a By: Susan P. Peipher, Esquire AND NOW, this '- dayof _k)YV2010 , judgment is entered as above-directed. Pro onotary C3? y, ev Blakinger, Byler & Thomas, P. C. Attorneys at Law James H. Thomas Frank P. Mincarelb Stephen M. Kraybill Dan A. Blakinger Barry A. Solodky Susan E. Grosh Frank J. Vargish, III George T. Cook Jesse C. Robinson Kim Carter Paterson Theresa A. Mongtovi Richard B. Posey Edward L. Miller Aaron S. Marines Susan P. Peipher Aaron D. Hollis* Jonathan R Hofstetter Brian R. Wilson Angela H. Sanders Jill M. Laskowitz 0 'LL.M. in Taxation 0 Retired Richard J. Blakinger Michael D. Bull 28 Penn Square Lancaster, PA 17603 717-299-1100 Fax 717-299-9529 http://www.bbt-lawcom October 19, 2010 Sunnyrock Building & Design 1780 Pinetown Road Wellsville, PA 17365 Writer's Direct Dial Number: (717) 509-7239 E-MAIL: spp@bbt-law.com Re: Quality Stone Veneer, Inc. v. Sunnyrock Building & Design, LLC Cumberland County Court of Common Pleas Docket No.: 2009-07561 Dear Sir/Madam: Enclosed for service upon you is a Ten Day Important Notice in the above captioned matter. If you have any questions concerning the legal effect of this Notice, you should consult with an attorney of your own choosing. luseery truly yours Charles B. Grove, Jr. (1958-1985) Samuel S. Wenger (1938-1989) P. Peipher M. Elvin Byler (1965-1992) SPP:crh Enclosure cc: Quality Stone Veneer, Inc. Jeffrey C. Clark, Esq. #570665.1/06038.070 ' SPP:c,?, 57066G.' 1.06C38.070) 10/19/10 BLAKINGER, BYLER & THOMAS, P.C. By: Susan P. Peipher, Esquire Attorney I.D. #87580 28 Penn Square Lancaster, PA 17603 (717) 299-1100 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Plaintiff v. 09-07561 Civil Term SUNNYROCK BUILDING & DESIGN, LLC Defendant To: Sunnyrock Building & Design 1780 Pinetown Road Wellsville, PA 17365 Date of Notice: October 19, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR B Y ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. s SPRcrh 570994.' r 05038.070 ) 10119/10 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pa 17013 Telephone: (800) 990-9108 (717) 249-3166 BL NGER, BYLER & THOMAS, P.C. Dated: By: ij "\:., A-- Susan P. Peipher, Esquire 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-7561 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due QUALITY STONE VENEER, INC. Plaintiff (s) From SUNNYROCK BUILDING & DESIGN LLC AT 1780 Pinetown Road, Wellsville, PA 17365 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: INTEGRITY BANK, 440 BRIDGE STREET, NEW CUMBERLAND PA and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$16,802.16 L.L. $.50 Interest from 11/1/10 - 3/4/11 - - $852.39 Atty's Comm %$ Atty Paid $156.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: March 4, 2011 (Seal) REQUESTING PARTY: Name SUSAN P. PEIPHER, ESQUIRE Address: 28 PENN SQUARE LANCASTER, PA 17603 Attorney for: PLAINTIFF Telephone: 717-299-1100 Supreme Court ID No. 87580 '2 David D. Bue , Prothonotary Deputy In the Court of Common Pleas of Cumberland County, Pennsylvania Quality Stone Veneer, Inc. V. Sunnyrock Building & Design, LLC Address: 1780 Pinetown Rd., Wellsville, PA 17365 Garnishee: Integrity Bank, 440 Bridge St., New Cumberland, PA No. 09-7561 Civil Term n - ?; s .. L C3 J C) ,CC3 -rf c? -r. 2O e- tV C) PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) To the Prothonotary: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, against Sunnyrock Building & Design, LLC, Defendant, and against Integrity Bank, 440 Bridge St., New Cumberland, PA, Garnishee, and index this writ against Sunnyrock Building & Design, LLC. Amount due ............. $ 16.802.16 Additional interest from 11/1/10-3/4/11 ........... $ 852.39 Plus costs anIdditional inter at the rate of $6.93 per diem l Dated: Susan P. Peipher, Esq., Attorney for Plaintiff (1) Wording for garnishment or special indexing (on money judgment execution) is prescribed by Pa. R.C.P. 3104 as follows: (a) If garnishment is desired insert here: "and against [stating garnishee's name and address], Garnishee". (b) If indexing in judgment index of issuing county is desired, insert here: "and index this writ against [name of Defendant]". (c) If real property of Defendant in the name of garnishee is attached, and indexing as lis pendens is desired, insert here (or combine with any indexing instruction under (b), above: "and index this writ against ........... Garnishee, as a lis pendens against real property ofthe defendant, in the name of garnishee, as follows: [specially describing estate]". (2) List property to be levied on, with locations (if different from defendant's address in caption). For levy on real estate, furnish ten copies of description. If this is solely an attachment, delete this line. (5) #585366.1/06038.070 w au. so ?a a 3?. oo eac- -1 & 50 ",,, ly. oo a co `t k oo D" Co. at .,So LL- 5 ?. oaa 1A (It 0 ? Tx ?? u ec? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i? Sheriff Jody S Smith Chief Deputy Richard W Stewart SolicitorF V !4 IS Quality Stone Veneer, Inc. Case Number vs. Sunnyrock Building & Design, LLC 2009-7561 SHERIFF'S RETURN OF SERVICE 03/11/2011 12:23 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2011 at 1222 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Sunnyrock Building & Design LLC, in the hands, possession, or control of the within named garnishee, Integrity Bank, 440 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070, by handing to Joe Ritter, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on March 17, 2011 to Sunnyrock Building & Design LLC at 1780 Pinetown Road, Wellsville, PA 17365. SO ANSWERS, March 16, 2011 RON R ANDERSON, SHERIFF /a//0 it iam Cline, Deputy "Cl Coun!,Suite Sheri. Ieleosoft. Ir, SPRERS 586561.1 (06038.070 ) 3115/11 t-) C ,, r? c- -rl BLAKINGER, BYLER & THOMAS, P.C. irn -0 rn. By: Susan P. Peipher, Esquire Attorney I.D. #87580 Q r-r-Z 28 Penn Square > c-y C.13 X . C) -C Lancaster, PA 17603 A 77 (717) 299-1100 --, N > Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW QUALITY STONE VENEER, INC. Plaintiff V. No. 09-7561 Civil Term SUNNYROCK BUILDING & DESIGN, LLC Defendant PRAECIPE Kindly dissolve the attachment against Garnishee, Integrity Bank and withdraw the Writ of Execution filed in the above matter. Date: ?3) ` I BLA NGER, BYLE OMAS, P. C. By: Susan P. Peipher, Esquire Attorney for Plaintiff Pd, ?'. X16' f4j