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Home My WebLink About10-5564SEATING CONSULTANTS, INC., IN THE COURT OF COMMON PLEAS Plaintiff = CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GATEWAY CONSTRUCTION, : INC NO. l0 --S-05(04 0,;w-Ferit., ., 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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 O?O FEE. Cumberland County Bar Association 32 South Bedford Street -<<- , Carlisle, PA 17013 c) T l h 717 249 3166 w s e ep one: ( ) - r C3 4401. DO PO A77Y ar 451 u71 P,# a y-7saq Michael W. Winfield, Esquire Attorney I.D. No. 72680 RHOADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 237-6703 Fax: (717) 238-8622 E-Mail: mwinfield@rhoads-sinon.com SEATING CONSULTANTS, INC., Plaintiff V. GATEWAY CONSTRUCTION, INC., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10- COMPLAINT NOW COMES Plaintiff, Seating Consultants, Inc., by and through its attorneys, Rhoads & Sinon LLP, and files the within Complaint, and in support thereof, avers the following: 1. Plaintiff is Seating Consultants, Inc. ("SCI"), a Minnesota corporation with a principal place of business located at 323 Pierce Street, N.E., Minneapolis, MN 55413. SCI is a restaurant equipment supplier. 2. Defendant is Gateway Construction, Inc. ("Gateway"), a Pennsylvania business corporation, with a principal place of business located at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093. Gateway is a general construction contractor that engages in, inter alia, the construction and renovation of restaurant projects. 3. Gateway issued Purchase Orders dated February 26, 2010, and March 23, 2010, to SCI for the supply of certain specified furniture for two separate Friendly's Restaurant Projects in Pasadena and Glen Burnie, Maryland, respectively. A true and correct copy of the February 790104.1 26, 2010 Purchase Order (including an April 8, 2010 Change Order) is attached hereto as Exhibit "A" and incorporated by reference. A true and correct copy of the March 23, 2010 Purchase Order is attached hereto as Exhibit "B" and incorporated by reference. 4. SCI supplied furniture in fulfillment of the above-referenced Purchase Orders, and invoiced Gateway for same. 5. SCI has not received any payment from Gateway for the invoices that were issued. 6. By the terms of the invoices, payment is overdue. 7. A true and correct copy of the unpaid invoice issued for the February 26, 2010 Purchase Order is attached hereto as Exhibit "C" and incorporated by reference. A true and correct copy of the unpaid invoice issued for the March 23, 2010 Purchase Order is attached hereto as Exhibit "D" and incorporated by reference. 8. The principal amount due and owing on the February 26, 2010 Purchase Order is $10,245.00 9. The principal amount due and owing on the March 23, 2010 Purchase Order is $15,829.10. 10. Although SCI has demanded payment from Gateway, Gateway has failed and otherwise refused to remit same. 11. Gateway's failure to remit payment to SCI on each of the above-referenced Purchase Orders constitutes a breach of contract for which Gateway is liable to SCI. -2- WHEREFORE, Plaintiff Seating Consultants, Inc. respectfully requests that judgment be entered in its favor, and against Defendant Gateway Construction, Inc., in the principal amount of $26,074.10, together with interest, costs, attorneys fees, and such other relief as determined just by this Court. Respectfully RHOADS & BY: I I W \,A MichaelgV. Winfield One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -3- VERIFICATION Eric Thordson, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that he is the President of Seating Consultants, Inc., that he makes this verification by its authority and that the facts set forth in the Complaint are true and correct to the best of his knowledge, information and belief. Date Eric Thordson ?90195 1 EXHIBIT "A" 4CCON U ION,INC. 'L i.. [ ; . P.Q . box 247 Summerdale, PA 17093 Ph ;(717)725 4a0 Fax: (717) 728.4481 PURCHASE CURLIER Purchase Order #: MR1-001.11 Cast Code: 12-100 Date: 2126/2010 To. SEA rl'JG CONSULTANTS, INC ,'323 PIEROE ST, NE MINNEAPOLIS. MN 155413 Job# /-Job Description' 1JR1-001 PASADFt. a FRIENDLY'S Job Address ; Pacadona, MD Offlw: t3OM7$-776 FaX: 612-617-77j2 Proleet Manaper ; TONY 717-12d.4e60 Suaorintendent CONTACT NAME: RICK THORDSON CONTACT NUMBER: 612.376 383 5cape of Work: ? -- --- ------ - ------ '-- DEQVER 10: FRII?NDLY'S PASADENA PASADENA. MD 21122 MATERIAL ONSFfE DATE' 45/10 CJMPLETION DATE: 4/&10 TABLE TOYS PLA WILSONART *467r,.60, COLOR LIGHEN BLACK PVC EDGE Please siren (B) 2r X 45" 600TH MOUNT - ANGLED ENDS (6) 27•X 24" FREE STANDING - 4 RADIUS CORNEn and. , ax (4) :rr' X 45" FREE STANDING - 4 RADIUS CORNERS PL' WI!-SONARY W576.60 caC,k to BLACK PVC EDGE (17_)27"X4!5'.800THMOUNT -ANGIEDENDS t TABLE BASES: G a`e 1 i a-k+ BLACK YVR.NKLr (B) B2222-3 (4) BMW R CANTILEVERS, 'iLi 3 (20i 45" CANTILEVERS DIVIDER PANELS & POSTS: OAK D VIDER POSTS STAINED 1-0 MATCH SAMPLE OR AL, i UDAN 3CHEME SPF? , DIVIDER PANELS - OAK P!%f UKt FRAME S i A1NEU Wr1 W :,HC1vPN WILLIAM,=3 $ !l'•6372, it1 it?'ING NCR.V CEN 'ER PANEL (1) 11VA _L - 22' (+i; DIVIDER PANELS (3) CENTER POSTS (2; END POSTS CHAIRS; MTS MODEL #922 NAU.ftAHYDE NEO44, COLOR W13 3,Z-A'f a BACK CUSHIONS CLACK FRAME (30) CHAIRS 553.70 EACH Total Purchase Order Amount: $ 10,060.00 rem AYAL C NOITION3, The dumme its tc=r this purtFp,e r tof corizicl of t;lis mysement and the aq,eamanti -.t:tw6•en ;I)e ovmer and the wrrtre&m. Tho project is to 1» zerforrnrd In acrr+=Sale; a w o. OSHA rquiations and local, stG;G a-jd natt4rul tuihiing =x3. -Pq vendor is resp"iblo for cwrditming With the riQ.'c supeantEn:?n1 ;.nC ni'l clren up end rem^vr, it Orbr15 -An ori.?ira! lien waWr must be oompi%t-d. signed Eno retuir:ed to tt,e t'Coway Ov t* rk`GtC •^.Ly yjent vd,i be l_Sued. -AP As4301': !rforrnation (i.e. data elomfeatic-, sheets. A:=-bJdt dra-.nrgs, wvnartrt?s, test resrjlt:,. VUS7 be cuinw in LL the Gatevar Conatruchnn office one weak Prior to job ocrnp!atinr). or final! psymeot will he *14yeo, Page. 1 of 2 PURCHASE ORDER Purchase Order #: MR1-001-11 Cost Code: 12-100 ttYVbICiR UIREM FATS: -Si9+tvd p,rrchaee order & change orders. -Lint of suppliers who's cvritmct is in eg*U- d SIC,000. -Lien Waiver from you, if your purchase order is in excess of S1C-.000. -Lien WeiVW from suppliers in excess or $10.000. -Completed W-9 forth. -MSDS forms -Submit Invoices by th* 25th of eoCh month projected to the last dey of the morith. -Progreswfinal payments may ba withheld if the veidor is late with as-built doc-mentatior W the end of the joo. Date: 2126/2010 Lj : You VenacrAuthorizW Rep, SEATING CONSULTANTS, INC bate Contraacr.GatewrV Construction Inc 0-kite Page 2 012 er -?Wislmw 4" QNSTRU CCTION. INC. To. SEATING CONSULTANTS, ING 323 PIERCE ST. NE MINNEAPOLIS, MN 55413 Phone #: 000-073.77BS CHANGE ORDER PO N: MRi-001-11 Cost Code: 12400 Change Order #: 1 Date: 41812010 • r, t4 P.O. Box 247 Sun merdale, PA 17093 Phol a #: (717) 728A480 Fa # : (717) 728-4481 Fax 012.617-1712 Job: MR1.001 PASADFNI FRIENDLY'S Gateway Construction Inc approved a Change Order for the following changes in work: Change Order Detail-, FOR (8) ADDED TABLE LEGS lease sign and fax back W Ga,ewayf Thank You 'fne original Purchase Order amount was ................... .......... ...... ............ ........................................ 10.060.00 Net change by previously autftonzod Change Orders ............................................................................... 0.00 The Purchase Order amount prior to this Change Order was ............................................. 10,060.00 The %rchabe Order will be increased by this Change Order in the amount of ,............,........ ................... ..... 165.00 Thr new Purchase Order amount. including this Change Urder will be ............................................................ 10.248.00 r ., Gateway Construction Inc Date SEATING CONSULTANT" INC Date Pleas* sign and return to Gateway GonstpAv9n Irw Pago 1 of EXHIBIT "B" gC87 WUC0It.INC. P.O, Box 247 Summerdale, PA 17093 Ph: (717)728.4480 Fax: (7171728-4481 PURCHASE ORDER Purchase Order #: MF1-002-08 Cost Code: 12-100 Date: 3123/2010 To: SEATING CONSULTANTS, INC 323 PIERCE ST- NE MINNEAPOLIS, MN 55413 Job# /Job Description : MR1-DO2 412 CRA C LEN BURNIE FRIENDLY'S Job Address : 412 GRANIE HIGHK .Y GLEN BURNIE, MD :1062 Offioe:80G-073-'4-(89 Fax; e"2-617-1712 ProiectMananer: TONY664-4407 SuperintendeM : MO S 56"16 CONTACT NAME: rick tilordson CONTACT NUMBER: 612-378-1.483 Scope of Work: Please si in and ta) back tc Gatewa- hark 'Yi Iu a Page 1 of 3 PURCHASE ORDER Purchase Order #: MR1-002-08 NEW BOOTH SEAT & BACK CUSHIONS. -UP2-NAUGAHY0E NEQ29, DOLOR RUBY -UP 1-CF STINSON # 61423 CATWALK 6 -45' BOOTH SEATS 6 -6' BOOTH BACK$-2 DOUBLES. 2 SINGLES 6 40' BOOTH SEATS h -40' BOOTH BACKS 2 DOUBLES, 2 SINGLES JP2-NAUCsAHYDE NE029, COLOR RUDY -1131 -F STINSON # 51423 CATWALK 3 -27' BOOTH SEATS 3 -27' BOOTH BACKS-2 DOUBLES. 2 SINGLES N04 BOOTHS: CENTER WALL' -UP2-NAUGA4qYDE NEO29, COLOR RUBY -UPI-CF STINSON46142223 CATWALK 1 -4500 DOUBLE 500TH 1 -4000 DOUBLE BOOTH OUTSIDE WALL: -UP2-NAUGAHYDE NE024 001.OR RUBY -UP1-CF VINSON # $1425 CATWALK 1 -4500 DOUBLE BOOTH 1 -0500 SINGLE BDOTH-Lb!! r 1 A300 SINGLE BOOTH-RIGHT (HIGH BACK) TABLE TOP$., -PI2-'NEVAMAR If AM6W1T. COLOR AULIRIINITE -9U',CK PYC EDGE 4 -21" X 40' BOOTH MOUNT-ANGLED ENDS a -27' X 45' BOOTH MOUNT-ANGLED ENDS 2 -27' X 27' BOOTH MOUNT-ANGLED ENDS 6 -27' X 27- FREE STANDING-4 RADIUS CORNERS .& -27X 45' FREE STANDING-4 RADIUS CORNERS DIVIDER PANELS AND POSTS -CIAK STAINED POSTS --QAK PICTURE FRAME STAINED. CENTER. PANEL #SV I5372 COLOR, INVITING IVORY 4 -DIVIDER PANELS 3 -CENTER POSTS 2 -END POSTS TABLE TOP CANTILEVERS. 4 -4-TOP BLACK CANTILEVERS CSAI RS• -MTS MODELS 922 -NAUGAHYDE NEO44, COLOR LAPIS SEAT & BACK CUSHIONS -BLACK FRAME PRICE INCLUDES ESTIMATED SHIPPING AND SALES TAX MATERIAL ON-Srlt- DATE: 41M COMPLETION DATE: A'29 DELIVERY ADDRESS: 412 CRAIN HWY GLEN BURNIE, MD Total Purchase Order Amount: $ GENERAL CUNDITI '- The documents for *his purchase order cunsist of this agreement and the agreements between -The project is to be performed in comphanoe with OSHA reputations and local, state and nations' building codes, .The vendor is resporm1ble, for Coordiralsrp with VIE field suWrd$ndent and will clean up and remove all debris. -An griginal lion waiver must be compivted, e;griad and ratumed to the Gateway Office before payment wil; be issued. -All As-built information, (i.e. data specification SW 4. 2"uir tlrawings, warranties, test results, etc ) MUST be tamed in t Construction office one week prior K job completion, or final payment wit t* delayed. (Cost Code: 12-100 Date: 3/2312010 7 Pjer ,S8 Sign 1d fax b ick tO 4 h at1 A G 4 ? 16,778.85 ** owner and the contraow. the Gate-way Page 2 of 3 PURCHASE ORDER Purchase Coder lit: MKI-uuX-Vd UOST (;0a e: 12-900 t YOic _ R (1Ul;Wt4ENTS: -Signed purchase order chaepe orders -List of suppliers who's contriact:s in excess o°510 000. -Lim Waiver from you, it your purmase order is in ev*ss of 510.000. PWaiver itv-n suppliers in excess of $10.000. pleted W-9 form. WDS forma -Submit iMoioos ny the 25th of each month projected to rose lost day of the month, -Progrseaffirel payments mly be witl:1 41d h the vendor is late ,ni`.h as-guilt dowtentAw, at the and of t`te loo. Date: 312312010 ee s1g New and ! fax lea. :k to Ga', ew,ay z ?p .'3 f ifs y- i M.• ?I?a?Cn ?wy"r.w.+a? Vendor Autherted SEATING CONSULTANTS, INC dare Gonirdaur.Gatt:war Construction inc Date Page 3 of 3 EXHIBIT "C" Seating Consultants, Incorporated 323 Pierce Street NE Minneapolis, MN 55413 USA 612-378-3483 * 612-617-1712 - Fax seatingconsultants@gwestoffice.net Bill To Gateway Construction 5 Radam Street Summerdale, PA 17093 Invoice Date Invoice # 5/21/2010 14771 Ship To Friendlys 4189 Mountain Road Pasadena, MD 21122 P.O. No. Terms Due Date MR1-001-11 Net 30 6/20/2010 Description Qty Rate Amount Table Tops 2,320.00 2,320.00 Nevamar #AM6001 T,color Aluminite Black PVC Edge 20 27" x 45" - Booth Mount, Angled Ends 8 27" x 24" - Free Standing, 4 Radius Corners 4 27" x 45" - Free Standing, 4 Radius Corners Table Bases 1,609.00 1,609.00 Black Wrinkle 8 B2222-3 4 B2230-3 5 Support Legs 20 45" Cantilevers Divider Panels and Posts 1,380.00 1,380.00 Oak Divider Posts Stained to Match Sample or Autumn Scheme Spec. Thank you. We appreciate your business. Subtotal Sales Tax (7.375%) Total Balance Due Page 1 Seating Consultants, Incorporated 323 Pierce Street NE Minneapolis, MN 55413 USA 612-378-3483 * 612-617-1712 - Fax seatingconsultants@ywestoffice.net Bill To Gateway Construction 5 Radam Street Summerdale, PA 17093 Invoice Date Invoice # 5/21/2010 14771 Ship To Friendlys 4189 Mountain Road Pasadena, MD 21122 P.O. No. Terms Due Date MR1-001-11 Net 30 6/20/2010 Description Qty Rate Amount Divider Panels - Oak Picture Frame Stained with Sherwin Williams SW-6372, Inviting Ivory Center Panel Shipping 2,150.00 2,150.00 30 Chairs 2,786.00 2,786.00 MTS Model #922, Black Frame Naugahyde NE044, color Lapis Seat & Back Cushions Thank you. We appreciate your business. Subtotal $10,245.00 Sales Tax (7.375%) $0.00 Total $10,245.00 Balance Due $10,245.00 Page 2 EXHIBIT "D" Seating Consultants, Incorporated 323 Pierce Street NE Minneapolis, MN 55413 USA 612-378-3483 * 612-617-1712 - Fax seatingconsultants@qwestoffice.net Bill To Gateway Construction 5 Radam Street Summerdale, PA 17093 Invoice Date Invoice # 5/28/2010 14806 Ship To Friendlys 412 Crain Hwy SW Glen Burnie, MD 21061 P.O. No. Terms Due Date MR1-002-08 Net 30 6/27/2010 Description Qty Rate Amount Purchase Order #MR1-002-08 New Booth Seat & Back Cushions 4,026.00 4,026.00 UP2 - Naugahyde NE029, color Ruby UPI - CF Stinson #61423, Catwalk 6 45" Booth Seats 6 45" Booth Backs - 2 Doubles, 2 Singles 6 40" Booth Seats 6 40" Booth Backs - 2 Doubles, 2 Singles UP2 - Naugahyde NE029, color Ruby UPI - CF Stinson #61423, Catwalk 3 27" Booth Seats 3 27" Booth Backs - 1 Double, 1 Right Single New Booths 3,115.00 3,115.00 Center Wall Thank you. We appreciate your business. Subtotal Sales Tax (7.375%) Total Balance Due Page 1 Seating Consultants, Incorporated 323 Pierce Street NE Minneapolis, MN 55413 USA 612-378-3483 * 612-617-1712 - Fax seatingconsultants@qwestoffice.net Bill To Gateway Construction 5 Radam Street Summerdale, PA 17093 Invoice Date Invoice # 5/28/2010 14806 Ship To Friendlys 412 Crain Hwy SW Glen Burnie, MD 21061 P.O. No. Terms Due Date MR1-002-08 Net 30 6/27/2010 Description Qty Rate Amount UP2 - Naugahyde NE029, color Ruby UPI - CF Stinson #61423, Catwalk 1 4500 Double Booth 1 4000 Double Booth Outside Wall UP2 - Naugahyde NE029, color Ruby UPI - CF Stinson #61423, Catwalk 1 4500 Double Booth 1 4500 Single Booth - Left 1 4500 Single Booth - Right (high back) Table Tops 1,609.00 1,609.00 PL2 - Nevamar #AM6001 IT, color Auhminite Black PVC Edge 4 27" x 40" - Booth Mount, Angled Ends 6 27" x 45" - Booth Mount, Angled Ends Thank you. We appreciate your business. Subtotal Sales Tax (7.375%) Total Balance Due Page 2 Seating Consultants, Incorporated 323 Pierce Street NE Minneapolis, MN 55413 USA 612-378-3483 * 612-617-1712 - Fax seatingconsultants@gwestoffice.net Bill To Gateway Construction 5 Radam Street Summerdale, PA 17093 Invoice Date Invoice # 5/28/2010 14806 Ship To Friendlys 412 Crain Hwy SW Glen Burnie, MD 21061 P.O. No. Terms Due Date MR1-002-08 Net 30 6/27/2010 Description Qty Rate Amount 2 27" x 27" - Booth Mount, Angled Ends 6 27" x 27" - Free Standing, 4 Radius Corners 5 27" x 45" - Free Standing, 4 Radius Corners Divider Panels and Posts 1,505.00 1,505.00 Oak Stained Posts Oak Picture Frame Stained, Center Panel #SW6372, color Inviting Ivory 4 Divider Panels 3 Center Posts 2 End Posts 4 4-top Black Cantilevers 284.00 284.00 Shipping Charges 2,195.00 2,195.00 33 Chairs MTS Model #922 33 83.70 2,762.10 Naugahyde NE044, color Lapis Seat & Back Cushions Thank you. We appreciate your business. Subtotal Sales Tax (7.375%) Total Balance Due Page 3 Seating Consultants, Incorporated 323 Pierce Street NE Minneapolis, MN 55413 USA 612-378-3483 * 612-617-1712 - Fax seatingconsultants@gwestoffice.net. Bill To Gateway Construction 5 Radam Street Summerdale, PA 17093 Invoice Date Invoice # 5/28/2010 14806 Ship To Friendlys 412 Crain Hwy SW Glen Burnie, M) 21061 P.O. No. Terms Due Date MR1-002-08 Net 30 6/27/2010 Description Qty Rate Amount Black Frame Shipping Charges for Chairs 333.00 333.00 Thank you. We appreciate your business. Subtotal $15,829.10 Sales Tax (7.375%) $0.00 Total $15,829.10 Balance Due $15,829.10 Page 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~4, ,ti, ~' ~, ~ s 0 SAP - 3 A~ 9~ 2 7 CU~i1R~~-F .~~;~ COUNTY PEi`JNSYLVANIA Seating Consultants, Inc. Case Number vs. Gateway Construction, Inc. 2010-5564 SHERIFF'S RETURN OF SERVICE 09/01/2010 02:37 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 1, 2010 at 1437 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gateway Construction, Inc., by making known unto Alisha Kerstetter, Administrative Assistant for Gateway Construction, Inc. at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to her personally the said true and correct copy of the same. ~~ .~~ i DEND FRY, DEP SHERIFF COST: $42.84 September 02, 2010 SO ANSWERS, RON __ R ANDERSON, SHERIFF Michael W. Winfield, ;Esquire Attorney I.D. No. 72680 RHOADS & SINON ]?LP One South Market Square P.O. Box 1146 Harrisburg, PA 17108}1146 Phone: (717) 237-6743 Fax: (717) 238-8622 E-Mail: mwinfield ahoads-sinon.com SEATING CONSULTANTS, INC., Plaintiff V. GATEWAY CONSTRUCTION, INC., Defendant ??1= Cluj. Q ?A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-5564 PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO THE PROTHONOTARY: Pursuant to Pa. R.Civ.P. 1037(b), kindly enter judgment in favor of Plaintiff Seating Consultants, Inc., and against Defendant Gateway Construction, Inc. as follows: Principal mount: $26,074.10 Costs (filing fees and service): 206.00 Total $26,280.10 Post judgment interest shall accrue at the legal rate of 6% per annum. qlq-w_;?L144y D4 ly9vlo 794539 1 A)o ler_ .-nzzt 1£C( I hereby certify that a Notice of Intention to Enter Default Judgment was duly served upon the above-referenced Defendant in accordance with Pa. R.Civ.P. 237. 1, a copy of which is attached hereto as Exhibit "A", and incorporated by reference. LLP By: Michael`. Winfield One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -2- ?? ???? Michael W. Winfield, Esquire Attorney I.D. No. 72680 RHOADS & SINON LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Phone: (717) 237-6703 Fax: (717) 238-8622 E-Mail: mwinfield(orhoads-sinon.com SEATING CONSULTANTS, INC., Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GATEWAY CONSTRUCTION, INC., NO. 10-5564 Defendant IMPORTANT NOTICE To: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 DATE: September 22, 2010 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. 793092.1 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: (717) 249- 66 RHOADS By: NfichaeMV. Winfield One South -Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -2- 793092.1 CERTIFICATE OF SERVICE I hereby certify that on September 22, 2010, a true and correct copy of the foregoing Important Notice was served by means of United States mail, first class, postage prepaid, upon the following: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 Teresa H. Laughead 793092.1 CERTIFICATE OF SERVICE I hereby certify that on October 7, 2010, a true and correct copy of the foregoing Praecipe for Entry of Default Judgment was served by means of United States mail, first class, postage prepaid, upon the following: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 Teresa H. Laughead SEATING CONSULTANTS, INC., Plaintiff V. GATEWAY CONSTRUCTION, INC., ; Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-5564 NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: Gateway Construction, Inc. 5 Radam Street P.O. Box 247 Summerdale, PA 17093 PLEASE TAKE NOTICE that on the Lay of October 2010, Seating Consultants, Inc., the above-named Plaintiff, caused the entry of a Judgment by Default to be filed against you in the above-named Court and to the above-captioned term and number in the amount, as follows: Principal Amount: $26,074.10 Costs (filing fees and service) 206.00 Total $26,280.10 BY THE COURT: 794566.1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA p CIVIL DIVISION ~ ° ~ "'t PRAECIPE FOR WRIT OF EXECUTION ~~ c O ~~ SEATING CONSULTANTS, INC. ^ Confessed Judgment ~~ ~ ~v Plaintiff Q/ Other -C ~ N ~ p vs. File No. 10-5564 ,~ ~ ~ x GATEWAY CONSTRUCTION, INC. Amount Due $26,074.10 ~.c°- ~,,~ ~~ Defendant Interest $3$•58 ~ w ~ Address: Atty's Comm 5 Radam Street Costs`' X~er' R1tN P. O. Box 247 ~I~1p Summerdale, PA 17093 dL8 TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) any and all personal property located at Defendant's place of business PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUmbefland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) .any and all accounts held at M & T Bank, 423 North Enola Road, Enola, Pennsylvania, 17025, Garnishee and all other property of the defendant(s) in the possession, custody or (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. O Date October 20, 2010 Signature: ~b1•~.Sb PD Ally Print Name: ~d•8~1 C8P Address: 4a.oo ~' f~•oo a.5o ~, "~ i'75.8 ~ - Pp A~ ~a.oo Due Cn ~so u Attorney for: said garni MiT~lael W. Winfi 1 Rhoads & Sinon L One South Market Square, Harrisburg, PA 17101 Plaintiff Telephone: (717) 237-6703 Supreme Court ID No: 72680 e~~5aai- ~r~~~ ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5564 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SEATING CONSULTANTS, INC., Plaintiff (s) From GATEWAY CONSTRUCTION, INC., 5 Radam Street, PO Box 247, Summerdale, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property located at Defendant's place of business . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 423 North Enola Road, Enola PA 17025 Any and all accounts held at M&T Bank. 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 $26,074.10 Interest -- $38.58 L.L. $.50 Atty's Comm Atty Paid $175.84 Plaintiff Paid Date: 1 Q/22/10 (Seal). REQUESTING PARTY: Name MICHAEL W. WINFIELD, ESQUIRE Address: BROADS & SINON LLP ONE SOUTH MARKET ST HARRISBURG PA 17101 Attorney for: PLAINTIFF Telephone: 717-237-6703 Supreme Court ID No. 72680 Due Prothy $2.00 Other Costs David D. Buell, rothonotary By: Deputy SHERIFF'S OFFICE OF CUMEERLAN Ronny R Anderson Sheriff' Jody S Smith Chief Deputy Richard W Stewart Solicitor Seating Consultants, Inc. vs. Gateway Construction, Inc. SHERIFF'S RETURN OF SERVIC COUNTY Case Number 2010-5564 1/02/2'010 09:27 AM - Noah Cline, Deputy Sheriff, who being duly sworn according t law, states that on N November 2, 2010 at 0924 hours, attached as herein commanded all goods, chattels, ri hts, debts credits, and monies of the within named defenclant, to wit: Gateway Construction, in the hands,. possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Joy Mathna, Senior Teller, personally three copies of interrogatories together with three true 013, and attested copies of the writ of execution and made the contents there oil known to her. November 03, 2010 SO ANS VVERS, RONNf ANDERSON, SHERIFF rah C.ine, Deputy SEATING CONSULTANTS, INC., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GATEWAY CONSTRUCTION, INC., NO. 10-5564 Defendant , PRAECIPE TO SATISFY JUDGMENT --- ?'- t? TO: THE PROTHONOTARY: Z `F .. 3 Kindly satisfy the judgment in the above-captioned action in favor of Plaintiff S uing Consultants, Inc. and against Defendant Gateway Construction, Inc.. The undersigned certifies and acknowledges that the debt, plus interest and costs of suit, has been fully paid or otherwise discharged. Through the recordation of this Praecipe to Satisfy Judgment, the undersigned discharges and releases the Defendant from the Judgment and declares said Judgment to be fully and forever satisfied and discharged. IN WITNESS WHEREOF, Michael W. Winfield, on behalf of the Plaintiff Seating Consultants, Inc. has caused this Praecipe to Satisfy Judgment to be executed this 8n' day of November, 2010. RHOADS & By: Michael W. Winfield One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 pQI *,.do Attorneys for Plaintiff 797755.1 CERTIFICATE OF SERVICE I hereby certify that on this '8`4t- day of November, 2010, a true and correct copy of the foregoing Praecipe to Satisfy Judgment was served by means of United States mail, first class, postage prepaid, upon the following: Gateway Construction, Inc. 5 Radam Street P. O. Box 247 Summerdale, PA 17093 M&TBank 423 North Enola Road Enola, PA 17025 (7U P "A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson OF FILED-OFFICE Sheriff t nt,? '.''' ?F PP(?THOPTTARY Jody S Smith rl?m X1110 DEC 22 PPS j ? Chief Deputy 2; } Richard W Stewart Solicitors Yi!V y "t' Seating Consultants, Inc. vs. Case Number Gateway Construction, Inc. 2010-5564 SHERIFF'S RETURN OF SERVICE 11/02/2010 09:27 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2010 at 0924 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Gateway Construction, in the hands, possession, or control of the within named garnishee, M & T Bank, 1 W High Street, Carlisle, Cumberland County, Pennsylvania, 17013, by handing to Joy Mathna, Senior 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. 12/15/2010 03:09 PM - William Clline, Deputy Sheriff, who being duly sworn according to law, states that on December 15, 2010 at 1509 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Gateway Construction, Inc., by making known unto Perry Smith, President, at 5 Radam Street, Summerdale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to him personally the said true and correct copy of the same. A levy was completed on December 16„ 2010 by Deputy Ryan Burgett. Postcard and copy of levy mailed to plaintiff and letter mailed to defendant on 12-17-10. 12/22/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as STAYED, per request of plaintiffs attorney. SHERIFF COST: $132.78 December 22, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF BAao . Lantz d -1. S-6 ?C e wus R a .s3Z17 Cnun'ySui:e &^e-ff. Te eossoft Inc. r f f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5564 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SEATING CONSULTANTS, INC., Plaintiff (s) From GATEWAY CONSTRUCTION, INC., 5 Radam Street, PO Box 247, Summerdale, PA 17093 (1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal property located at Defendant's place of business . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: M&T BANK, 423 North Enola Road, Enola PA 17025 Any and all accounts held at M&T Bank. 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 $26,074.10 Interest -- $38.58 Atty's Comm % Atty Paid $175.84 Plaintiff Paid Date: 10/22/10 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs ?)/ a, David . Buell, Prot notary By: Deputy REQUESTING PARTY: Name MICHAEL W. WINFIELD, ESQUIRE Address: RHOADS & SINON LLP ONE SOUTH MARKET ST HARRISBURG PA 17101 Attorney for: PLAINTIFF Telephone: 717-237-6703 Supreme Court ID No. 72680 TRUE %v%W T.1?'I OM NMRD in T Mhonsr vNMN?a?,1 IfiA unb Nt my hoW &won" it, 40MI@* Pa. r?