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HomeMy WebLinkAbout10-0382 COMMONWEALTH OF PENNSYLVANIA COURT OF COMMON PLEAS Judicial District, County Of NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT COMMON PLEAS No. 10- 3$9, I.?IV[ NOTICE OF APPEAL ??,rM Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the date and in the case referenced below. 14~t' Ur AVt MLAN I MA"- m" NG. NAME OF D.J. .?, GrJ /rt??l?? e C?? /?) 9 _S -OZ lei via.,. 65 6Tt fZ ECY /70 45- DATE IN THE OP (Piwnh r) (DNandanf)' Z_ l ? , -?nJL va ??Ce •zn.J 64)G 10i.?%? ,r fzx r/LI.J This block will be signed ONLY when this notation is required under Pa. R.C.P.D.J. No. 10088. This Notice of Appeal, when received by the District Justice, will operate as a SUPERSEDEAS to the judgment for possession in this case. SOMA- ofPrdh-aWy-D" was Claimant (see Pa. R.C.P.D.J. No. 1001(6) in before a District Justice, A COMPLAINT MUST BE FILED within twenty (20) days after filing the NOTICE of APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.D.J. No. 1001(7) in action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee. PRAECIPE: To Prothonotary Enter rule upon --------- -- ?NL appellee(s), to file a complaint in this appeal Name of aAwl"(s) (Common Pleas No. 10 _ 5U - ) within twenty (20) days a ice of rule or suffer entry of ' on pros. rem1 Sowme ofappeowt oratfomey or agent RULE: To appellee(s) Name of appe#Ws) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST (3) The date of service of this rule if service was by mail is the date of the mailing. Date: Jan. 16 , 20 10 or rroff"Wery or Uepw YOU MUST INCLUDE A COPY OF THE NOTICE OF JUDGMENTfTRANSCRIPT FORM WITH THIS NOTICE OF APPEAL. AOPC 312-02 WHITE- COURT FILE TO BE FILED WITH PROTHONOTARY GREEN - COURT FILE YELLOW- APPELLANTS COPY PINK -COPY TO BE SERVED ON APPELLEE GOLD -COPY TO BE SERVED ON DISTRICT JUSTICE PROOF OF S9MOTCE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This proof of service MUST BE FILED MTHKTEN`(f 0) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ; ss AFFIDAVIT: I hereby (swear) (affirm) that I served ? a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 20 , ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) , on ,20 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto. (SWORN) (AFFIRMED) AND SUBSCRIBED BEFORE ME THIS DAY OF 20 Signature of ofrciat be%ie whom affidavit was made Tithe of official My commission expires on 20 le i6la 1d2Q Od 59V 1b* vqno 01 :1 add S 1 Nvr ow Signature of alfi'ant A&LQ vr?t?ud ?Hi :10' 301A?0 Q I 5r _? COMMONWEALTH OF PENNSYLVANIA COUNTY OF: CUIMERLAND Mag. Dist. No.: 09-3-02 MDJ Name: Hon. VIVIAN COHICK Address: 55 PENN DR NEWVILLE, PA Telephone: (717 ) 776-3187 17241 LIFT INC, SHETRON WELDING Se FABRICATION INC L J 85 KUTZ RD Docket No.: CV-0000163-09 CARLISLE, PA 17013 Date Filed: 11/23/09 THIS IS TO NOTIFY YOU THAT: Judgment: DEFAULT JUDG EMNT PLTF ® Judgment was entered for: (Name) ® Judgment was entered against: (Name) in the amount of $ 7,153.7 F] Defendants are jointly and severally liable. F] Damages will be assessed on Date & Time 0 This case dismissed without prejudice. Amount of Judgment Subject to Attachment/42 Pa.C.S. § 8127 Portion of Judgment for physical damages arising out of residential lease $ Amount of Judgment $ 7,029.23 Judgment Costs $ 124.50 Interest on Judgment $ .00 Attorney Fees $ (Total $ 7,153.73 Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL DISTRICT JUDGE. UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGISTERIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. ??"?I- Date 7/rlH1 I certify that this is a true and correct copy of Date G , Magisterial District Judge record of the proceedings containing the judgment. My commission expires first Monday of January, 2012 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME and ADDRESS rLIFT INC, 3745 19 LAM RD MOUNTVILLE, PA 17554 L J VS. DEFENDANT: NAME and ADDRESS rSHETRON WELDING & FABRICATION INC 85 KOTZ RD CARLISLE, PA 17013 (Date of Judgment) 12/21/09 SHETRON WELDING & FABRICATION INC , Magisterial District Judge SEAL AOPC 315-07 DATE PRINTED: 12/21/09 2:12:00 PM U.S . P ost a{ Service ., ' CE RT IF IED MAILT,, R ECEIPT (Do mest ic M ail Only; No Insuran ce Covera e Provid d g e ) E' Er Postage S M C3 Certified Fee O E3 Return Reciept Fee (Endorsement Required) O C3 Restricted Delivery Fee (Endorsement Required) C3 C3 Total Postage R Fees $ m C3 ? ? N ;T.V17tie ----?---•------- No.'3 ') q r b No. Postrn dt /?,\ L", ?{?aHore ,, h - ?`?l19I2Q14,?•/ FIL?U-???'tC;? 2040 jAH 20 PFi 2* 06 I'vi LW- PROW OF SERVICE OF NOME OFAPPEAL AND RULE TO FILE COMPLAINT (TMs prof of service MUST SE FILED WYTHW TEN (10) DAYS AFTER filing of the notice of appeal. Check applicable boxes.) COMMONWEA OF PENNSYLVA IA COUNTY OF ; ss AFFIDAVIT- I hereby (swear) (affirm) that I served U1 a copy of the Notice of Appeal, Common Pleas , upon the District Justice designated therein on (date of service) 201-0-1 by personal service ? by (certified) (registered) mail, sender's receipt attached hereto, and upon the appellee, (name) L C r on f 20Ji? ? by personal service y (certified) (registered) mail, sender's receipt attached hereto. (SWORN FFIRMED) AND SUBSCRIBED BEFORE ME THIS ??? ?- - .0 rAAV OF 20/0. Signs ure o ial before who a " s made Title of Official My commission expires on 20 COWAOWAIEAL -O SYLVANIA 11o1M1d SIMI Cola L. Ott, NOWY Public oom LiiodlMOn , Cwgbwglad Cot?x?f Signature ofaffiant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. Plaintiff v a vs. No. 10-382 r.? ]r:7 SHETRON WELDING & FABRICATION, INC. Defendant NOTICE 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 PERSONNALY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3466 GINGRICH, SMITH, KLINGENSMITH & DOLAN By Th6n- s G. X ipgensmith, Esquire Attorney for P aintiff 45 East Orange Street Lancaster, PA 17602 (717)393-3684 Attorney I.D. #23239 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. ORIGINAL Plaintiff : vs. : No. 10-382 SHETRON WELDING & FABRICATION, INC. Defendant COMPLAINT 1. Plaintiff, Lift, Inc., is a Pennsylvania Corporation, organized and existing under the laws of the Commonwealth of Pennsylvania having its principle office located at 3745 Hempland Road, Mountville, Pennsylvania, 17554. 2. Defendant, Shetron Welding & Fabrication, Inc., believed to be and therefore averred to be a Pennsylvania Corporation with its principal office located at 85 Kutz Road, Carlisle, Pennsylvania, 17013. 3. Lift, Inc. is in the business of selling, leasing and repairing industrial lift trucks and equipment. 4. On or about October 27, 2008, Lift, Inc. was requested to do servicing on equipment owned or leased by the Defendant in accordance with Invoice No. 03S1424520 which is attached as Exhibit "A" and incorporated herein by reference. 5. On or about March 4, 2009, Lift, Inc. provided rental services to the Defendant in accordance with Invoice No. 04R2013690 which is attached as Exhibit "B" and incorporated herein by reference. 6. On or about March 4, 2009, Lift, Inc. provided rental services to the Defendant in accordance with Invoice No. 04R2013700 which is attached as Exhibit "C" and incorporated herein by reference. 7 On or about April 15, 2009, Lift, Inc. provided rental services to the Defendant in accordance with Invoice No. 04R2128420 which is attached as Exhibit "D" and incorporated herein by reference. 8. On or about April 15, 2009, Lift, Inc. provided rental services in accordance with Invoice No. 04R2128430 which is attached as Exhibit "E" and incorporated herein by reference. 9. On or about April 17, 2009, Lift, Inc. provided repair services to the Defendant in accordance with Invoice No. 04R2134310 which is attached as Exhibit "F" and incorporated herein by reference. 10. On or about April 20, 2009, Lift, Inc. provided repair services to the Defendant in accordance with Invoice No. 04R2137220 which is attached as Exhibit "G" and incorporated herein by reference. 11. On or about August 4, 2009, Lift, Inc. provided rental services to the Defendant in accordance with Invoice No. 02R2432490 which is attached as Exhibit "H" and incorporated herein by reference. 12. On or about August 13, 2009, Lift, Inc. provided rental services to the Defendant in accordance with Invoice No. 02R2457520 which is attached as Exhibit "I" and incorporated herein by reference. 13. On or about September 28, 2009, Lift, Inc. provided rental services to the Defendant in accordance with Invoice No. 02R2587770 which is attached as Exhibit "J" and incorporated herein by reference. 14. All services that were provided to the Defendant were in a workmanlike manner in accordance with the terms that are outlined in the attached invoices. 15. Attached as Exhibit "K" and incorporated herein is a summary of the charges that were submitted to the Defendant by the Plaintiff, and are currently due and owing. 16. In accordance with the invoices that are attached as exhibits, all service charges and rentals were to be paid within ten (10) days of the submission of the invoice. 17. Numerous demands have been made upon the Defendant to pay the outstanding invoices but they have failed to pay the invoices. 18. On or about December 21, 2009, District Justice Vivian Cohick of 55 Penn Drive, Newville, PA entered judgment in favor of the Plaintiff and against the Defendant in the amount of $7,153.73. This amount included the judgment amount for services outlined in this complaint of $7,029.23 plus the District Justice costs of $124.50. WHEREFORE, the Plaintiff, Lift, Inc., demands judgment against the Defendant in the amount of $7,153.73, plus all court costs. GINGRICH, SMITH, KLINGENSMITH & DOLAN By. Attorney for Plai t ff 45 East Orange St eei Lancaster, PA 17602 (717)393-3684 I.D. #23239 th Jan 21, 25:48 EST by: Lift, Incorporated Lift, Inc. Mou attvHI A R754 Ph-V.17061 Ifed Fm (71702-1837 v+M+worpo?acam PAGE 01 (15:50) Pg 2 of 3 REMIT T4: Remy' to addressl Remit to addressl INVOICE NUMBER 03S1424520 DATE 10/27/08 ********************* 9609 * DUPLICATE INVOICE * 9609 SHETRON WELD'G/FABRICN ## SHETRON WELD'G/FABRICN ## => 85 KUTZ ROAD 85 KUTZ ROAD ..... CARLISLE PA 17015 CARLISLE PA17015 P.o.e. ? ®SHIPPING POINT Taken By: JJL Tu,,,, --NET 10 DAYS-- 9TOMRR ORDeR MO. SAL<!MM DATE SHIPP50 VIA PPD. COL J 724973 16 8/28/08 DY van# 253 X Unit #: 174535 Make: INGERSOLL-RAND Model: VR-843C 00 Ser #: 174535 Meter: 2182 CUSTOMER BREAKDOWN EMERGENCY BRAKE WOULD RELEASE BUT WOULD NOT ALLOW THE TRANSMISSION TO INTO GEAR. REMOVE DASH PAD AND TESTED SWITCH FOUND VOLTAGE DROP ACROSS BRAKE. TE SWITCH. REPAIRED WIRING AND TESTED UNIT CUSTOMER CALLED AND SAID UNIT WOULD NOT WORK AGAIN. FOUND PRESSURE VALVE FAULTY - WIRED UNIT TO KEEP IT WORKING. ORDERED PA RETURNED AND REPLACED VALVE AND TES THANK YOU AND HAVE A NICE DAY111 1700 13362843 MANUAL 170 59436899 RELAY 170 54666094 SWITCH, BRAKE 170 19312685 SWITCH, BRAKE PRESSU 170 PO#9578 FEILD TEST BRAKE SWI 0000 #122 ENVIRONMENTAL CHARGE 0000 #C48 CUSTOMER LABOR ZZ22 ZZZZ LIFT'S NEW REMIT TO ADDRESS: 3745 HEMPLAND ROAD MOUNTVILLE, PA 17554 142.80 28.03 80.58 227.50 393.29 3.95 1224.50 .00 *,?,rxPr****?****?***.t*1* C O N T I N U E D *******?****Hr*******# 142.8 140.1 80.5 227.5 393.2 3.9 1224.5 .0 EXHIBIT 1` I_ k Jan 21, I5:48 EST by: Lift, Incorporated Lift, Inc. 3745 Hggpland Road MounnUM, PA 17554 pph?net=!2-'1W0. rm (717)662-Id37 nt d coin ***** 9609 * DUPLICATE INVOICE SHETRON WELD'G/FABRICN ## '1': 85 KUTZ ROAD CARLISLE PA 17015 nCFTTDDTMd- nny-- (15:51) Pg 3 of 3 REMIT TO: Remit to addressl Remit to address2 PAGE 02 INVOICE NUMBER 03S1424520 DATE 10/27/08 9609 SHETRON WELD'G/FABRICN ## 85 KUTZ ROAD CARLISLE PA17015 Tum, -- Vz-X AV VATS__ CSfTO?RR OtDY ND. SALtp1Ap DA7i VgIPP6D VIA J 724973 36 8/28/08 DY ?? Van# 253 X :::: Y>;:;:•:;:•p'3Y.>r::::::•YdGK::?: l7WIS1lGT.?: ?:?:?:::•:-:.:;::.;::::;:;:;::•:;::;: :::::::::::::::;•:;:::::::•:•::::?::';•:::::>•.•:.:::::::::.::?::..?:.::::::::................. • •B+lt?+pKO:...tlRtfRk:Rti?:::;' ..., ......:•.:.<.:• .:.y. •,.: •. ? .::•::. - ...::..:..: ,: • - ?RRTCR BIICR•,. ':>'aE9CKt ? 'T6TXL .:'..., . EFFECTIVE 9/5/2008 , TOTAL MATERIAL 984.32 TOTAL LABOR 1228.45 TOTAL FREIGHT/HANDL G 102.87 SALES TAX 138.94 INVOICE TOTAL 2454.5 Du lica In oice axed on: 01/21/10 Jan 22, 15:48 EST by: Lift, Incorporated Lift, Inc. 3745 Hopland Road Mountvtlle, PA 17554 Phaee 17)662-190tJ Far M7)662-1837 stwwww,twwwww*w**w*w**w 9609 * DUPLICATE INVOICE www**wwww*w,tw*wwwwwww SHETRON WELD'G/FABRICN 'L:: 85 KUTZ ROAD CARLISLE PA 17015 P.0- A- 50 F71 (15:52) Pg 2 of 2 REMIT TO: Rena to addressl Remit to address2 INVOICE NUMBER 04R2013690 DATE 03104/09 100000 TAXABLE SHIP-TO LOCATION PLEASE SEE COMMENTS BELOW FOR ADDRESS Talron Ru. rhr __ i+ n n __ cus1O14R ORDER PO. RBAL/RAY 04CRO50221 sALEm" 19 DATE '"PBw 03/03/09 "A - - - - - - PPD. NTALCK/CASH X COL ORtl 26 4 ? 6R1fER. •< :;:: :::: ;:.:.;.::;: ?::::::•T:x;:;•:;<t?t.;`.,.,.:.:.:ii?84YlT?1!YOl1::::':?%:'>7?>.'::>:::;::?>::C:2?:?`::: •.;`_:?:PAI;FB>YCXCH::_ ::,>;;:.•.: ::..:._.. Contract # 04CRO50221 1 **GIANT (NEW STORE) N. GEORGE ST. EXTD MANCHESTER, PA. 1 1 4850 *SB4501D4 Rental Month(s) 1475.00 1475.0 From: 03103/09 thru: 03/30/09 Desc: STRAIGHT BOOM Make: GENIE Model: S-45 Ser #: 3510 1 1 4855 *SB4501D4 Delivery-Aerial 30.00 30.0 1 1 4855 *SB4501D4 Pickup-Aerial 30.00 30.0 1 1 4870 *SB4501D4 ENVIRONMENTAL CHARGE 9.95 9.9 SUB-TOTAL 1544.9 SALES TAX 92.7 INVOICE TOTAL 1637.6 Dup licat e Inv oice axed on: 01/21/10 PAGE 01 EXHIBIT Jan 21, 15:49 EST by: Lift, Incorporated (15:54) Pg 2 of 2 Lift, Inc. 3745 Hempland Road MountvUle, PA 17554 Phone.P7W2-1400 Fmr rM02-1837 m-wli uscowra"com 9609 * DUPLICATE INVOICE *it*ww,r**+t#*w,t*w,trwwwww '13SHETRON WELD'G/FABRICN 85 KUTZ ROAD >s CARLISLE PA 17015 F.o.9. REMIT TO: ReiQ io address] RemU to address2 PAGE 01 INVOICE NUMBER 04R2013700 DATE 03/04/09 100000 TAXABLE SHIP-TO LOCATION PLEASE SEE COMMENTS p; BELOW FOR ADDRESS Taken Bv: CAE ,-- C.O.D. -- cyst mm own no. HAL/RAY 04CRO50222 sw?esNw 019 nwrs as - 3/03/09 •in ENTALCK/CASE reo. X coy :.>:.GIY;:.. . ;:'QiY:..: •iAGIG:<•: • kttL1DRGT.: ..:,.:.,....c..:.:>: ?`.:':> :::::;;:;.; ::.:.:.............:....:._.:.....:.:,..; ._....:..; .;...•., :.• : ..::.; :......_.....:::: PkTC? ?1CN; ;;. ::.::;::.......:: ;::.:•. :? •>:;:, c;:Z:; :::.:' Contract 1 04CRO50222 1 **GIANT (NEW STORE) N. GEORGE ST. EXTD MANCHESTER, PA. 1 1 4850 *SB4007D4 Rental Month(s) 1475.00 1475.0 From: 03/03/09 thru: 03/30/09 Desc: STRAIGHT BOOM Make: JLG Model: 400S Ser #: 0300071655 1 1 485 *SB4007D4 Delivery-Aerial 95.00 95.0 1 1 485 *SB4007D4 Pickup-Aerial 95.00 95.0 1 1 487 *SB4007D4 ENVIRONMENTAL CHARGE 9.95 9.9 1 1 486 *SB4007D4 FUEL ZONE ADJ 12.95 12.9 SUB-TOTAL 1687.9 SALES TAX 101.2 INVOICE TOTAL x1789-1 Dup licat e Inv oice axed on: 01/21/10 E IBIT Jan 21, 15:58 EST by: Lift, Incorporated Lift, Inc. 3745 #ggplaad Road MosadviU , PA 17554 Ame17)662-ice Fax (717)662-1637 ,+n+A .1i incoWrafeeLwai 9609 * DUPLICATE INVOICE SHETRON WELD' G/FABRICN 85 KUTZ ROAD CARLISLE PA 17015 o.. o n fl la l (15:59) Pg 2 of 2 REMIT TO: Rena to addressl Read to address2 INVOICE NUMBER 04R2128420 DATE 04/15/09 100000 TAXABLE SHIP-TO LOCATION PLEASE SEE COMMENTS BELOW FOR ADDRESS m?Le fl... nxtn CD/TOM[R OROfiII NO. NALeeMl1N VERBAL/RAY 04CRO50221 019 DJ17'6 lMIVYHD VIA 3/03/09 ENTALCK/CASH I OOD. X I COL '- P . :: K '•. ::::. . •.:... , . :..:. :.::::.•::::.: - . •-::: 41<sdfTY:;::::i ia.:x?>:.+.;::: •:: :. :. ': <:A???.'•$?CN•:: :RBTIL::: .<... ... , Contract # 04CRO50221 3 **GIANT (NEW STORE) N. GEORGE ST. EXTD MANCHESTER, PA. Term 04/13/09 16:00 SCOTT 2 2 485 *SB4501D4 Rental 595.00 1190.0 Bill rental adjustment for 2 KS Period: From 03/31/09 Thru 04/13 /09 Rate is 595.00/Week 7 SUB-TOTAL 1190.0 SALES TAX 71.9 INVOICE TOTAL 1261.4 Dup licat e Inv oice axed on: 01/21/10 PAGE 01 EXHIBIT Jan 21, 15:59 EST by: Lift, Incorporated (16:00) Pg 2 of 2 Lift, Inc. 3745 Hernptand Road MouniviW, PA 17554 Ph-9 (717)662-1800 F= (717)662-1837 N ww?10incospomfed.com 9609 * DUPLICATE INVOICE SHETRON WELD'G/FABRICN y. 85 KUTZ ROAD CARLISLE PA 17015 REMIT TO: Remy to address] Reno to address2 PAGE 01 INVOICE NUMBER 0482128430 DATE 04/15/09 100000 TAXABLE SHIP-TO LOCATION PLEASE SEE COMMENTS ;p BELOW FOR ADDRESS F.O.S.® ? Taken By: CAE , -- C.O.D.F-- COSTO"M a&DR. $0. S W6"M MME /YIPPED VSA PPO. COL RBAL/RAY 04CRO50222 1019 103/03/09 NTALCK/CASH X Contract # 04CRO50222 3 **GIANT (NEW STORE) N. GEORGE ST. EXTD MANCHESTER, PA. Term 04/13/09 16:00 SCOTT 4850 *SB4007D4 Rental Bill rental adjustment for 2 WEEKS Period: From 03/31109 Thru 04/13/09 Rate is 595.00/Week 7 SUB-TOTAL SALES TAX INVOICE TOTAL icatle Invbice IFaxed on: 01/21/10 595.00 1 1190.0 1190.0 71.4 1261.4 EXHIBIT E Jan 21, 15:59 EST by: Lift, Incorporated Lift, Inc. 3745 H4mp/axd Road MostWV lle, PA 17554 ?? 17?f61-roWO rw (777)662-I d37 ********************* 9609 * DUPLICATE INVOICE SHETRON WELD' G/FABRICN :L::': 85 KUTZ ROAD CARLISLE PA 17015 ® 0 ?X. a. (16:02) P9 2 of. 2 REMIT TO: Rey It to addressl Remm to address2 INVOICE NUMBER 04R2134310 DATE 04/17109 100000 TAXABLE SHIP-TO LOCATION PLEASE SEE COMMENTS BELOW FOR ADDRESS Taken Bv: CAE -_ r_n_n_ -_ C0070MA 0amm ?• 9AIJINN" RBAL/RAY 04CRO50222 19 DATE SHIDVSD 3/03/09 VIA _ _-_ ENTALCR/CASH ppp, X CD1. •&iii? DP.IFBD. ::.: ::: :;•?:DE9CIQT ON'•:fi?i:;:;:;::?::?;:;:;?:t;::;5:?:::i:: •.,:.:.,...::....: •......:;:..:•.•::.?.::.: .::.............?.Z•.;.,.......;.............::................ ;:;:>:•?R7CLE:?1 s: t.iR.:' •':':::'":".7r02?2.• Contract @ 04CRO50222 4 **GIANT (NEW STORE) N. GEORGE ST. EXTD MANCHESTER, PA. Term 04/13/09 16:00 SCOTT 9 9 9605 *SB4007D4 MINIMUM FUEL CHARGE 5.35 48.1 APPLYING THE AMOUNT OF $48.15 PLUS T AX FOR THE RE-FUELING OF UNIT #SB4007D UNIT WAS RETURNED NOT FILLED AS PER CONTRACT. 9 GALLONS @ $5.35 PER GAL N. SUB-TOTAL 48.1 SALES TAX 2.8 INVOICE TOTAL ----51.0 Dup licat e Inv oice axed on: 01/21/10 PAGE 01 EXHIBIT 7 Jan 21, 26:18 EST by: Lift, Incorporated Lift, Inc. 3745 Hgmptand Road Mouniville, PA 17554 Phone (11 70 62-1 80 0 F= (717)662.1837 VAVM11 laeosporakd.com PAGE 01 9609 * DUPLICATE INVOICE ********************* SHETRON WELD'G/FABRICN S::: 85 KUTZ ROAD CARLISLE PA 17015 F.0.8. ® O L4E'l'Ol4R ORDER NO. fALECMRN DATE EEIP>MD 7ERBAL/RAY 04CRO50221 019 3/03/09 131 1 (16:19) Pg 2 of 2 REMIT TO: Remit to addressl Remit to addressl INVOICE NUMBER 04R2137220 DATE 04/20/09 100000 TAXABLE SHIP-TO LOCATION PLEASE SEE COMMENTS BELOW FOR ADDRESS Taken By: CAE T16R1..: -- C.O.D. -- TALCK/CASH I "XD. Contract # 04CRO50221 5 **GIANT (NEW STORE) N. GEORGE ST. EXTD MANCHESTER, PA. Term 04113/09 16:00 SCOTT 960 *SB4501D4 MINIMUM FUEL CHARGE APPLYING THE AMOUNT OF $69.55 PLUS FOR THE RE-FUELING OF UNIT #SB4501D UNIT WAS RETURNED NOT FILLED AS PER CONTRACT. 13 GALLONS @ $5.35 PER GA Invloice on: 01/21/10 SUB-TOTAL SALES TAX INVOICE TOTAL 5.35 f 69. 69.5 4.1 73.7 EXHIBIT Jan 21, I6:00 EST by: Lift, Incorporated Lift, Inc. 3745 Hq . Aland Road Mountvi , PA 17554 Ph= (717)662-1800 Far (717)662-1837 ut?nw.lijNnco?p 11meom (16:08) Pg 2 of 2 REMIT TO: Reis# to addressl Remu to address2 PAGE 01 INVOICE NUMBER 02R2432490 DATE 08/04/09 9609 * DUPLICATE INVOICE * 1 SHETRON WELD' G/FABRICN L A FITNESS Z. 85 KUTZ ROAD :Ai: PA 100 & STATE ST POTTSTOWN PA CARLISLE PA 17015< B-o.B.® a Taken Bv: KAL ,....... -- C.O_D_ -- WN70MI CRUM M. VERBAL 02CRO51647 auggNm 19 DATE SHIPP= VIA 07/13/09 ENTAL . PoX Cpl, •:•: T.t:::': :5?:B7GCIG::: RR41DQiT .: :..:.:....:...::::::•::: ?•:•::::;•::-::r:•:.;:;.:-::?::::•::<•:t•:•:;•::'::::::r:::;:::::':%:::::;::::::::::2:: ':::::::::;•:•:>:•>:;>:_ ?: .:::: ::i::::?•: •::::.::•:-::.:': Contract # 02CRO51647 3 1 1 4850 *RS324607 Rental Month(s) 795.00 795.0 From: 07113109 thru: 08/09/09 Desc: SCISSOR LIFT Make: GENIE Model: GS3246 Ser #: 41988 1 1 4855 *RS324607 Delivery-Aerial 75.00 75.0 1 1 4855 *RS324607 Pickup-Aerial 75.00 75.0 1 1 487 *RS324607 ENVIRONMENTAL CHARGE 9.95 9.9 1 1 4865 *RS324607 FUEL ZONE ADJ 12.95 12.95 SUB-TOTAL 967.90 SALES TAX 58.07 INVOICE TOTAL 1025.97 Dup licat e Inv oice axed on: 01/21/10 EXHIBIT Jan 27, 16:02 EST by: Lift, Incorporated Lift, Inc. 3745 Helopknd Road MountviW, PA 17554 Phone (717)662.1d00 Far (717)662.107 vw -v- i iRCv"r4kd.wM PAGE 01 (I6:23) Pg 2 of 2 REMIT TO: Rem& w sddressl Remit to address2 INVOICE NUMBER 02R2457520 DATE 08/13/09 9609 * DUPLICATE INVOICE * 1 ::<.. SHETRON WELD G/FABRICN L A FITNESS 85 KUTZ ROAD PA 100 POTTSTOWN PA CARLISLE PA 17015 P'0. a. ® ? Taken By: KAL,x, -- C.O.D. -- Nomm atcex no, smmmm 0"x MaproP VIA PPD. CCY AL 02CRO51521 019 107/16/09 ENTAL X Contract # 02CRO51521 2 4850 *J9785 Rental Month(s) From: 08/13109 thru: 09109/09 Desc: BOOM LIFT Make: JLG Model: 600S Ser #: 0300079785 SUB-TOTAL SALES TAX INVOICE TOTAL In ice axed on: 01/21/10 1595.00 1 1595. 1595.0 95.7 1690.7 EXHIBIT Ir T" Jan 27, 16:03 EST by: Lift, incorporated Lift, Inc. 3745 HenrpltMd Road Mountville, PA 17S54 Pho- (7U7)662-1800 Far (717)662-1837 wwvli intorporatsdconr ********************* 960 * DUPLICATE INVOICE ********************* SHETRON WELDING 6 FABRICATION, INC. 85 KUT2 ROAD CARLISLE PA 17015 (16:14) Pg 2 of 2 REWT. TO: A v w a?ress, PAGE 01 INVOICE NUMBER 02R2587770 DATE 09/28/09 1 L A FITNESS PA 100 POTTSTOWN PA Taken Bv: KAL PGM: NPAR095 RPT: ARPRTO35.01 A C C O U N T S R E C E I V A B L E O P E N I T E M L I S T I N G RUN 01/21/10 15:43 CUSTOMER #: 9609 NAME: SHETRON WELDING 8 ## BALANCE: 7,029.23 LINE eas???n=_ DATE ..`?zezaaaesoe=seczxevseasx=_xcea=zzeaaaxaz=?ea_?=zazasaaaaaaaseaxeaaaxsx ---- -------- INVOICE# ---------- TRAN ---- SEa --- ----NT BALANCE PFX ----- REF. # P.O.# 10/27/08 0351424520 40 00 ---- ............... 2,454.58 840 77 2 3 03/04/09 03/04/09 0482013690 0482013700 40 40 00 00 . 1,637.65 1,637.65 1 789 17 1 789 1 VERBAL/RAY 4 04/15/09 0482128420 40 00 , . , . 7 1,261.40 1,261.40 VERBAL/RAY VERBAL/RAY 5 6 04/15/09 04/17/09 O4R212B430 0482134310 40 40 00 00 1,261.40 1,261.40 51 04 VERBAL/RAY 7 8 04/20/09 04/27/09 04R2137220 0351 40 00 . 51.04 73.72 73.72 VERBAL/RAY VERBAL/RAY * 9 06/25/09 424520 03191424520 70 70 00 00 339.20- 0.00 409.49- 0.00 13716 uc - 13849 L1G1-- 10 11 07/21/09 03S1424520 70 00 467.62- 0.00 13899C V*? 12 08/04/09 08/12/09 02R2432490 03S1424520 40 70 00 00 1,025.97 1,025.97 397 50- VERBAL 13 08/13/09 0282457520 40 00 . 0.00 1,690.70 54.15 DIST CRDT VERBAL 14 08/18/09 02R2457520 70 00 1,636.55- 0.00 13972 Ut 15 08/18/09 02R2457520 99 01 8/28 SENT DEMAND LETTER 16 17 09/28/09 09 2 0282587770 50 00 966.04- 966.04- VERBAL / 8/09 0282587770 99 01 ORIGINAL INVOICE #0282457520 18 09/28/09 0282587770 99 02 11119 SENT TO DISTRICT JUSTICE 19 09/28/09 0282587770 99 03 11/25 RECID NOTIFICATION FROM DISTRICT 20 09/28/09 0282587770 99 04 JUSTICE HEARING WAS SET FOR 12/21/09 21 09/28/09 0282587770 99 05 12/23 RECID JUDGEMENT TRANSCRIPT FROM 22 09128/09 0282587770 99 06 DISTRICT JUSTICE AGAINST SHETRON. I WILL 23 09/28/09 02R2587770 99 07 WAIT 30 WORKING DAYS AND FILE WITH PRO- 24 09/28/09 02R2587770 99 08 THONOTARY 7,029.23 87455 ?NwoW PtW OGlll b. PA 17554-1545 717.662.1800 PAGE EXHIBIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER )SS: JAMES SWARTZ, being duly sworn according to law, deposes and says that he is Comptroller of LIFT, INC., and that he is authorized to make this Affidavit on its behalf, that the facts set forth in the foregoing Complaint at Law are true and correct to the best of his knowledge, information and belief. Sworn and subscribed to before me this `day of kia-4 UAY- , 2010. '"M WMTH OF PKNNMVAW NOTARIAL SEAL 'r .h !1( KRA L GM M, Notary PUbk Notary Public Cky of Lancaster, Larcaft cowdy CommWw Expirw June 20, 2013 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. e Plaintiff ORIGINAL VS. No. 10-382 SHETRON WELDING & FABRICATION, INC. Defendant CERTIFICATE OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & Dolan, hereby certify that on January 29, 2010, I served a true and correct copy of the foregoing Complaint at Law upon the following person and in the following manner: (7) Service by First Class to: r= Raymond P. Cullen, President - . ,-t, , , Shetron Welding & Fabrication, Inc. r.) 85 Kutz Road Carlisle, PA 17013 KLINGENSMITH . DOsAN SMITH GINGRICH , , All By. ?z ..._. Thomas G. Klingensmith, Esquire Attorney for Plaintiff I.D. #23239 ?? t 45 East Orange Streel" Lancaster, PA 17602 (717) 393-3684 Dated: January 29, 2010 AT10rRAEY511Tl M John M. Smith Thomas G. Klingensmith Kevin D. Dolan Jeffrey S. Shank Julie M. Cooper Angela F. Rieck Henry F. Gingrich (1952-2001) 222 South Market Street Suite 201 P. O. Box 267 Elizabethtown, PA 17022 Phone (717) 367-1370 Fax(717)367-3219 45 East Orange Street Lancaster, PA 17602 Phone (717) 393-3684 Fax (717) 393-0653 Web Site WWW.GSKDLAW.COM E-mail gskd@gskdlaw.com January 29, 2010 Raymond P. Cullen, President Shetron Welding & Fabrication, Inc. 85 Kutz Road Carlisle, PA 17013 Re: Lift, Inc. v. Shetron Welding & Fabrication, Inc. Case No. 10-382 Dear Mr. Cullen: Enclosed please find a time-stamped copy of the Complaint which was filed on January 27, 2010 in relation to the above-cited case. Sincerely, GINrH, 17TH, Thomas G. Klinge m TGK/klg Enclosure KLINGENSMITH & DOLAN X Dean F. Piermattei, Esquire Stephanie E. DiVittore, Esquire RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding & Fabrication, Inc. LIFT, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA Plaintiff 'CIVIL ACTION - LAW V. NO. 10-382 -" " SHETRON WELDING AND FABRICATION, INC., Defendant ZI: - PRAECIPE FOR ENTRY OF APPEARANCE_ TO: David D. Buell, Prothonotary Cumberland County Court of Common Pleas 1 Courthouse Square, Suite 100 Carlisle, PA 17013 Kindly enter the appearance of Dean F. Piermattei, Stephanie E. DiVittore and Rhoads & Sinon LLP as counsel on behalf of Defendant Shetron Welding & Fabrication, Inc. in this action. Respectfully submitted, RHOADS & SINON LLP By: " Z jC-- 1' f 4-t-7 Dean F. Piermattei Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding and Fabrication, Inc. 773730.1 _x CERTIFICATE OF SERVICE I hereby certify that on this day of March, 2009, a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 Dara Whistler LIFT, INC., Plaintiff V. SHETRON WELDING AND FABRICATION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-382 NOTICE TO PLEAD To: Plaintiff Lift, Inc. c/o Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 q; ' D ?? f7l ca -< YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, RHOADS & SINON LLP By: Dean F. Piermattei Attorney I.D. No. 53847 Stephanie E. DiVittore Attorney I.D. No. 85906 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding & Fabrication, Inc. Dean F. Piermattei, Esquire Attorney I.D. No. 53847 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding & Fabrication, Inc. LIFT, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V CIVIL ACTION - LAW NO. 10-382 SHETRON WELDING AND FABRICATION, INC., Defendant ANSWER & NEW MATTER TO PLAINTIFF'S COMPLAINT NOW COMES Defendant Shetron Welding and Fabrication, Inc. ("SWF"), through its attorneys, Rhoads & Sinon LLP, and files the following Answer and New Matter stating as follows: 1. Admitted based on information and belief. 2. Admitted. 3. Admitted. 4. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 773667.1 5. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 6. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 7. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 8. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 9. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested -2- at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 10. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 11. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 12. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 13. Denied without knowledge. Without reviewing the factual records relating to this Project, Defendant is currently without information or knowledge to admit or deny the allegations in this paragraph and, therefore, the same are denied, and specific proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. -3- 14. Denied. The allegations of this Paragraph are specifically denied and proof is requested at the time of trial. 15. Denied. The allegations of this Paragraph are specifically denied and proof is requested at the time of trial. By way of further response, the document attached to the Complaint is a writing that speaks for itself and any attempt to interpret the same is specifically denied. 16. Denied. The allegations of this Paragraph are specifically denied and proof is requested at the time of trial. IT Denied. The allegations of this Paragraph are specifically denied and proof is requested at the time of trial. 18. Denied. The allegations of this Paragraph are specifically denied and proof is requested at the time of trial. NEW MATTER 1. Any damages sustained by the Plaintiff were as a direct result of Plaintiff's own acts or omissions and/or as a result of the acts or omissions of third parties, including Plaintiff's agent(s) or conditions which were beyond the control of Shetron Welding. 2. There is no causal connection between the damages sought by Plaintiff and any conduct or omission by Shetron Welding. 3. Plaintiff's Complaint fails to state a cause of action upon which any relief may be granted. 4. Plaintiff's claims are barred by waiver. 5. Plaintiff's claims are barred by estoppel. -4- 6. Plaintiff's claims are barred by payment or offset. 7. Plaintiff's claims are barred by the statute of frauds. 8. Plaintiff's claims are barred by laches. 9. Plaintiff's claims are barred by the statute of limitations. 10. Plaintiff has not suffered any damages in this matter and to the extent that Plaintiff can prove that it has suffered damages, it is solely as a result of his own actions or in- actions or the actions or in-actions of third parties. 11. To the extent Plaintiff is entitled to recover from Shetron Welding, which Shetron Welding expressly denies, Plaintiff is not entitled to interest as set forth in Plaintiff's Complaint. 12. Plaintiff is not entitled to recover from Shetron Welding where, as here, Shetron Welding has not yet been paid. WHEREFORE Defendant Shetron Welding & Fabrication, Inc. respectfully requests that this Court enter judgment in its favor and against Plaintiff and further requests that this Court award any other relief allowed by law. Respectfully submitted, RHOADS & SINO_ N .L?L,P By: V f v c. Dean F. Piermattei Attorney I.D. No. 53847 Stephanie E. DiVittore Attorney I.D. No. 85906 One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Shetron Welding and Fabricating, Inc. -5- CERTIFICATE OF SERVICE I hereby certify that on this I day of March, 2010, a true and correct copy of the foregoing Answer and New Matter was served by means of United States mail, first class, postage prepaid, upon the following: Thomas G. Klingensmith, Esquire Gingrich, Smith, Klingensmith & Dolan 45 East Orange Street Lancaster, PA 17602 1 !istl-er IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIFT, INC. vs. SHETRON WELDING & FABRICATION, INC Defendant CORNERSTONE FEDERAL CREDIT UNION Garnishee No. 10-0382 PRAECIPE c-? M V3' -rte ' C) -a N O r L W N C) n -III Aa p ? -1 p x -n C :)-n oii C)m D -G Please enter judgment in accordance with the Arbitration Award of July 21, 2010 in favor of Skelwvi tie &I41? a FOcbriea? Ivrc. be.kcdant Pe, L;,**l Lift, Inc. and against dera for accounts of Shetron Welding p? ?« & Fabrication, Inc. in the above matter in accordance with the Interrogatories in Attachment, in the amount of Seven Thousand Twenty-Nine Dollars and Twenty-Three Cents ($7,029.23), plus District Justice costs of One Hundred Twenty-Four and .501100 ($124.50), for a total judgment amount of Seven Thousand One Hundred Fifty-Three and.73/100 ($7,153.73). SMITH, KLINGENSMITH & DOLAN ' mith, I.D. #23239 Thomas G. KlU12 Attorney for ?45 East Orang Lancaster, PA (717)393-3684 Dated: December 28, 2010 414.oo po ATrY ??`15875 ORIGINAL Plaintiff t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ORIGINAL LIFT INC. jq 3745 Hempland Road Mountville, PA 17554 Judgment-:Execution No. 10-0382 V. SHETRON WELDING & FABRICATION INC ? o , . 85 Kutz Road . V, = --j Carlisle, PA 17013 r*? PRAECIPE FOR WRIT OF EXECUTION (Money Judgment) > ° `n To the Prothonotary: o " z n C) b? - ?rn 2> Issue writ of execution in the above matter, directed to the Sheriff of Cumberland CounT against She )n Welding & Fabrication Inc 85 Kutz Road Carlisle PA 17013, Defendant, y, and direct the Sheriff to levy on Cornerstone Federal Credit Union 320 North Hanover Street Carlisle, PA 17013-1971. Amount due ........................$7,029.23 Interest from .......................$ Q pf001 netalay Costs ..........$ 124.50 jw Total ...........................$7,153.73 Dated: December 28, 2010 6N .56 Pri A" oa 4W= a5 Th as ing s ith, Esq., ID #23239 . Attorney for Plaint f ?q. bo " N ?. . )L4.60 Gingrich, Smith, Kli gensmith, & Dolan a sp ?< << 45 East Orange Street s ? ?D a o - 60 Lancaster, PA 17602 (717)393-3684 B?wDuedo 9.5c.> 1,L Ce 15?76 e 4631XV "it OP 65C 4%6Uof r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 2010-382 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LIFT, INC. Plaintiff (s) From SHETRON WELDING & FABRICATION, INC., 85 Kutz Road, Carlisle, PA 17013 (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: CORNERSTONE FEDERAL CREDIT UNION, 320 North Hanover Street, Carlisle, PA 17013 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 $7,029.23 Interest - - L.L. $.50 Atty's Comm % Atty Paid $ 90.00 Plaintiff Paid Date: 01/05/2011 (Sell) Due Prothy $2.00 Other Costs A44 Co91s: --- #raa?f.so Davi uell, Protho otary By: Deputy REQUESTING PARTY: Name THOMAS G. KLINGENSMITH, ESQUIRE Address: GINGRICH, SMITH, KLINGENSMITH & DOLAN 45 EAST ORANGE STREET LANCASTER, PA 17602 Attorney for: PLANTIFF Telephone: 717-393-3684 Supreme Court ID No. 23239 A % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. ORIGINAL Plaintiff vs. SHETRON WELDING & FABRICATION, INC. No. 10-382 Defendant CD CORNERSTONE FEDERAL CREDIT UNION Garnishee CERTIFICATE OF SERVICE I, Thomas G. Klingensmith, Esquire, of Gingrich, Smith, Klingensmith & DoWn, ffieby< cert ify that on January 10, 2011, I served a true and correct copy of the foregoing Praecipe to Enter Judgment and Praecipe for Writ of Execution upon the following persons and in the following manner: Service by U.S. Mail to: Stephanie E. DiVittore, Esquire Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Shetron Welding & Fabrication, Inc. 85 Kutz Road Carlisle, PA 17013 GINGRICH, SMITH, KLINGENSMITH & DOLAN BY: 'T'homas G. Klin " nsmith, Esquire Attorney for Platiff I.D. #23239 45 East Orange Street Lancaster, PA 17602 (717) 393-3684 Dated: January 10, 2011 1: AT TUMATiAW January 10, 2011 John M. Smith Thomas G. Klingensmith Kevin D. Dolan Jeffrey S. Shank Julie M. Cooper Angela F. Rieck Henry F. Gingrich (1952-2001) 222 South Market Street Suite 201 P. O. Box 267 Elizabethtown, PA 17022 Phone (717) 367-1370 Fax (717) 367-3219 45 East Orange Street Lancaster, PA 17602 Phone (717) 393-3684 Fax (717) 393-0653 Web Site WWW.GSKDLAW.COM Stephanie E. DiVittore, Esq. Shetron Welding & Fabrication, Inc. Rhoads & Sinon LLP 85 Kutz Road One South Market Square Carlisle, PA 17013 P.O. Box 1146 Harrisburg, PA 17108-1146 RE: Lift, Inc. v. Shetron Welding & Fabrication, Inc., Defendant and Cornerstone Federal, Credit Union, Garnishee - Case No. 10-0382 Dear Sir/Madam: Enclosed please find copies of a Praecipe to enter judgment in accordance with the Arbitration Award and the Praecipe for Writ of Execution which have been filed in the above-cited case. Sincerely, GINGRICH, SMITH, KLINGENSMITH & DOLAN ThomL G. Klingensmith TGK/klg Enclosures E-mail gskdQgskdlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LIFT, INC. U?? ` Pl aintiff (DIP ( vs. No. 10-0382 SHETRON WELDING & FABRICATION, INC. Defendant F-i I'Cd t)f 441e ?rok?on'? CORNERSTONE FEDERAL CREDIT UNION pbl ( "? 11 .3a Garnishee 1Ow"j PRAECIPE 'U n Please enter judgment in accordance with the Arbitration Award of July 21, 2010, in favor of Lift, Inc. and against Cornerstone Federal Credit Union, Garnishee for accounts of Shetron Welding & Fabrication, Inc. in the above matter in accordance with the Interrogatories in Attachment, in the amount of Seven Thousand Twenty-Nine Dollars and Twenty-Three Cents ($7,029.23), plus District Justice costs of One Hundred Twenty-Four and .50/100 ($124.50), for a total judgment amount of Seven Thousand One Hundred Fifty-Three and.73/100 ($7,153.73). GINGRIT, SMITH, KLINGENSMITH & DOLAN ,Thomas G. Klingensmith, I.D. #23239 Attorney for Plaintiff 45 East OrangeStreet Lancaster, PA 17402 (717)393-3684 Dated: December 28, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LIFT, INC. ??, •,?, ?°_` E 3745 Hempland Road Mountville, PA 17554 Judgment-Execution No. 10-0382 V. SHETRON WELDING & FABRICATION, INC. , k rv ?Nr rt '1 `f Cie, 85 Kutz Road a Or7 0-'An- CN-7 Carlisle, PA 17013 A&10 C0-k' 0t7ES7c/L)E f-&OE04L. Ci ikAvo/0, C-1Cfrilis lec. x611 W 11.,2 PRAECIPE FOR WRIT OF EXECUTION I 6a (Money Judgment) g? To the Prothonotary: I ??L nVr S y I ?/q 'a Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County, against Shetron Welding & Fabrication Inc 85 Kutz Road Carlisle PA 17013, Defendant, and direct the Sheriff to levy on Cornerstone Federal Credit Union 320 North Hanover Street Carlisle, PA 17013-1971. Dated: December 28, 2010 Amount due ........................$7,029.23 Interest from .......................$ Prothonotary Costs ..........$ 124.50 Total ........................... $Zt153.73 E? Thomas 0: klingensmi Attorney for Plaintiff Gingrich, Smith, Kll g, 45 East Orange Street Lancaster, PA 17602 (717)393-3684 Esq., ID #23239 & Dolan SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff € L D Jody S Smith Chief Deputy _ 4it: Richard W Stewart Solicitor L` L rS N: v Lift, Inc. vs. Case Number Shetron Welding & Fabrication Inc. 2010-382 SHERIFF'S RETURN OF SERVICE 01/12/2011 10:34 AM - Sheldon Marshall, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2011 at 1034 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Shetron Welding & Fabrication, Inc., in the hands, possession, or control of the within named garnishee, Cornerstone Federal Credit Union, 5 Eastgate Drive, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Linda Pattison, Head Teller, 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 her. The writ of execution and notice to defendant was mailed on January 13, 2011 to Shetron Welding & Fabrication at 85 Kutz Road, Carlisle, PA 17013. SO ANSWERS, January 13, 2011 RON R ANDERSON, SHERIFF She on Marshall, Depu GeunryS:me Snenff. Te'.e--oft. 0'a;.