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Home My WebLink About02-0137ATTORNEY FOR PLAINTIFF EDWARD N. FLAIL, JR. ATTORNEY I. D. #10049 POST OFFICE BOX 507 130 WEST LANCASTER AVENUE WAYNE, PA 19087 (610) 964-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION o.o2- QUALITY ROOFING SUPPLY COMPANY, INC. 2890 Hempland Road Lancaster, PA 17601 v. : D. E. PETERS HOME : IMPROVEMENTS 2 West Beale Avenue : Enola, PA 17025 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN OBTAIN LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 EDWARD N. FLAIL, JR. ATTORNEY I. D. #10049 POST OFFICE BOX 507 130 WEST LANCASTER AVENUE WAYNE, PA 19087 (610) 964-1600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION QUALITY ROOFING SUPPLY COMPANY, INC. 2890 Hempland Road Lancaster, PA 17601 ATTORNEY FOR PLAINTIFF D. E. PETERS HOME IMPROVEMENTS 2 West Beale Avenue Enola, PA 17025 1. Plaintiff with the name and address first above is a Pennsylvania corporation engaged in the business of building supply. 2. Defendant, with the name and address second is a sole proprietorship, engaged in the business of general contractor. 3. On or about November 17, 2000, Douglas E. Peters, Defendant's owner, completed and executed a credit application, a true and correct copy of which is attached hereto as Exhibit "A" and incorporated by reference, under which Defendant established a credit in the name of D. E. PETERS HOME IMPROVEMENTS. 4. Thereafter, at the special oral request of Defendant acting through Douglas E. Peters, and others of its principals, employees and agents, who were authorized or allowed to act on Defendant's behalf, Plaintiff made and performed work and services and sold merchandise of the kind and quantity, on the dates, in the forms, and for the prices set forth in Plaintiff's books of original entry, true and correct copies of which are attached hereto as Exhibit #B" and incorporated by reference, which consist of invoices for various types of building materials and supplies sold by Plaintiff to Defendant. 5. Defendant received and accepted the aforesaid. 6. The prices set forth in Exhibit "B" are the fair and reasonable market prices existing at the time of the transactions and is that which Defendant agreed to pay. 7. All credits due Defendant for payments and returns or other deductions authorized by Plaintiff are set forth in Exhibit "B". 8. In addition to the amount set forth in Exhibit "B", Plaintiff claims interest at the rate of 1 1/2% a month, as set forth in Exhibits "A" and "B", which is $154.07 from November 30, 2001 through January 31, 2002. 9. In addition to the amount set forth in paragraph 7, Plaintiff claims attorney's fees, as set forth in Exhibits "A" and "B" at the rate of 15%, the amount Plaintiff pays its attorney for collection work which are $793.49, making the total of Plaintiff's claim $6,083.43, through January 31, 2002. promises payment. 10. Despite demand of the sum due by Plaintiff and of payment by Defendant, Defendant has not made WHEREFORE, Plaintiff demands judgment against Defendant, D. E. PETERS HOME IMPROVEMENTS, in the sum of 6,083.43 plus costs and interest from February 1, 2002. / QUALITY ROOFING SUPPLY CO., INC. 2890 Hempland Road · Lancaster, PA 17601 717-293-8800 Mailing Address: Business Address: Building is Owned [] Rented ~ CREDIT LIMIT DESIRED , Type of Business: Applicant Builds -- Contract / OFRCE USE ONLY / *PP.ov~D ~v [ SA,~S~.SON CREDIT APPLICATION AND CONTRACT (Please complete all lines) Date Business Started ~"]7 EIN#: [] Commercial I~ Residential [] Remodeling Check One: Individual ,~' Phone No.: ( 717 )~ lAX NO.: ( ) [] Industrial [] Wholesale % How many homes built per year? PRINCIPALS OF FIRM: Address: Street 2. Name: Address: SS" c:~ ~ ~ --~'O~ --q/O,~?3 Title: ~ H5 i~_..,- P~. 1"/109 City State Zip SS# Title: 3. Name: Address: Street City State Zip SS# Title: TRADE REFERENCES: 1. Name: ~r/~_/ Address: Street city State Zip PHONE NO.: (7/2 Street City 2. Name:Yet'tzar3 dell o~ _Acct.#/,/,~29~'~O Address: Street Ci~ 3.Name: ~1~1~ ~u.~ +Tm;~ acct., Address: q?~l ~1/~~ ~LVD. ~Re p~ Strut ~i~ BANK REFERENCES: 1. Name&Branch Address: 3qq State Zip PHONE NO.: (/--O~?g~ State · Zip PHONE NO.: (?i?) ~ /'7i/~ State Zip Account Executive:. Phone No.: Type of Account: 2. Name & Branch Address: Type of Account: SALES TAX EXEMPT: Yes :No '~ Account No.: Account Executive: Phone No.: ( ) Exempt #. Account No.: Please attach a copy of certificate PLEASE READ THE TERMS AND CONDITIONS LISTED ON BACK AND SIGN THE CREDIT APPLICATION ON BACK BP/7290 Rev 9/94 .................. .. TERMS AND CONDITIONS In addition to the terms and conditions set forth m any subsequently executed sales agreement or simdar document, all purchases made by Applicant shall be sublect to the toltowmg terms and condibons t. Quality Roohng Supply Company Inc ( Quahty Roofing") reserves complete d~scret~on concerning all extensions of credit and shall have me right at any time to refuse to extend credit ~o Apphcant or change credil limit without not,ce 2. No warranty is made by Quality Roofing relating to the quality of materials provided by it to Applicant. All materials are sublect to a manufacturer's warranty and any claim relating to such materials shall lie exclusively against the manufacturer Quality Roofing shall not under any circumstances, be liable to Applicant or to any other person for lost profits, additional expenses incurred in replacing defective materials, or any other special, incidental indirect, consequential losses, delay damages, or damages of any kind whatsoever NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. OR ANY OTHER WARRANTY, EXPRESS, STATUTORY OR IMPLIED SHALL APPLY TO ANY MATERIALS SOLD BY QUALITY ROOFING. 3. Applicant acknowledges that shipping dates stated by Quality Roofing. are only estimates and do not represent a set time for performance Time will not be of the essence unless Quality Roofing agrees in writing to that effect 4. Applicant acknowledges and agrees that all purchases made by it shall be paid for in accordance with such payment terms as may from time to time be established by Quality Roofing Any invoice not paid in full within the terms stated on invoice will be subiect to a finance charge of one and one-half percent (1-1/2%) per month, and balances under $25,00 will be subject to a minimum finance charge of $.50 per month 5. Applicant hereby grants to Quality Roofing a security interest ~n all materials sold by Quality Roofing to Applicant. on opo~, book account or pursuant to written or oral contract, to secure the prompt and lull payment of any and all amounts now or at any time hereafter owing by Applicant to Quality Roofing. So long as any balance remains owing from Applicant, Quality Roofing shall have all rights of an unpaid secured creditor under the Pennsylvania Uniform Commercial Code and all other rights and remedies available at law or in equity, 6. This Credit Applicahon and any subsequent contract of sale between Quality Roofing and Applicant, shall be deemed to have been entered into at the home office of Quality Roofing in Lancaster, Lancaster County, Pennsylvania. Applicant acknowledges and consents to the exercise of jurisdiction by the Courts of Common Pleas of the Commonwealth of Pennsylvania, Applicant further agrees that venue for any lawsuit brought by Applicant, its successors or assigns, against Quality Roofing for whatever reason, shall lie exclusively in the Court of Common Pleas of Lancaster County, Pennsylvania. 7 In the event that Applicant's account is referred to an attorney or collection agent for collection, Applicant agrees that Quality Roofing Supply Company, Inc. shall be entitled to collect, in addition to principal anid accrued finance charges, an attorney's fee of fifteen percent (15%) thereof and/or collection fees, 8. This Credit Application and any transactions pursuant thereto shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 9, Applicant agrees to provide Quality Roofing Supply Co., Inc. with written notice of any change in Applicant's name, address, ownership or form of business entity 10. Applicant hereby authorizes Quality Roofing to contact any bank, credit or trade reference to verify the Applicant's credit standing and/or assets and hereby authorizes those parties to release all pertinent information to Quality Roofing. By signing below, each undersigned individual acknowledges that he or she has read the terms and conditions above and that he or she under.~ta~ that those terms and conditions have legal consequences to the Applicant. / Signature Signature / Print/T, ype PdntJType Relationship to Applicant: Relationship to Applicant: GUARANTY In consideration of the credit which has been or which may in the future be extended to Applicant, and putsuent to the Terms and Conditions centalned in the Credit Application end Agreement, each undersigned hereby personally guarantees the prompt and full payment of all amounts now or hereafter owing byApplicant to Quality Roofing. ' Each of the undersigned further agrees that the foregoing guaranty is continuing, absolute and unconditional and may be enforced against any of the undemigned individusily, jointly or in any combination, without first proceeding against Applicant. Each of the undersigned waives any right to be released by mason of any extension of time or change in terms of payment and any olher defense now or hereafter available, except the defense of payment. By signing below, each undersigned individual acknowledges that he or she has read the Terms and Conditions above, that he or she understands that these Terms end Conditions have legal consequences both to the Applicant and to the undersigned individually end that he or she agrees to be bound thereby. SIGNED: SIGNED: DATE: SIGNED: SIGNED: DATE; Spouse Spouse Do Not Wrffe Below This Une--For Office U~e Only, D&B Rating ACCEPTED: QUALITY ROOFING SUPPLY CO. INC, By Credit Limit Terms ARC6030 002 QUALITY ROOFING SUPPLY COMPANY ,Phon~ # 717 732 6214 Name D E PETERS HOME IMPROVEMENTS Total Gross 5,135.87 Earned Disc .00 Due Allowing Earned Discount Cust # 329541 5,135.87 Tran Tran Disc Due Amount Sel Co Number Date Date Date Pmt Remaining Description Dsp Cd 2 2418547 2 2419533 2 2423883 2 2423881 2 2425671 2 2427188 2 2429101 2 2434970 2 2436028 2 2441646 2 2448471 2 2451304 2 2451519 2 2441537 2 2458166 2 2458174 2 2458176 2 2397683 2 2467194 2 2476001 2 SC32744 6/28/01 7/10/01 7/31/01 P 6/29/01 7/10/01 7/31/01 7/06/01 8/10/01 8/31/01 7/09/01 8/10/01 8/31/01 7/10/01 8/10/01 8/31/01 7/11/01 8/10/01 8/31/01 7/19/01 8/10/01 8/31/01 7/24/01 8/10/01 8/31/01 7/26/01 8/10/01 8/31/01 8/02/01 9/10/01 9/30/01 8/15/01 9/10/01 9/30/01 8/17/01 9/10/01 9/30/01 8/17/01 9/10/01 9/30/01 8/28/01 9/10/01 9/30/01 8/28/01 9/10/01 9/30/01 8/28/01 9/10/01 9/30/01 8/28/01 9/10/01 9/30/01 8/30/01 9/10/01 9/30/01 9/20/01 10/10/01 10/31/01 9/24/01 10/10/01 10/31/01 9/30/01 10/10/01 10/31/01 2 SC32868 10/31/01 11/10/01 11/30/01 2 SC32997 11/30/01 12/10/01 12/31/01 190.34 159.78 808.26 343.48 759.70 730.04 1,310.47 127.00 12.92 123.64 1,190.53 9.65 9 65 179 15 759 759 759 151 340 30 5.25 80.20 74.64 Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice Invoice 70 Invoice 70- Credit Memo 70- Credit Memo 54 Invoice 00- Credit Memo 67- Credit Memo Serv Charge Charge Serv Charge Charge Serv Charge Charge F3=Exit F4=Prompt F10=Update F20=Fold Bottom EXHIBIT VERIFICATION DONALD HOLLINGWORTH, hereby verifies that he is corporate Credit Manager for QUALITY ROOFING SUPPLY COMPANY, INC., and that he makes this Verification on its behalf, and that the facts set forth in the foregoing pleading are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 PA. C.S.A. §4904, relating to the falsification of unsworn statements to authorities. ~~ ~~ DONALD HOLLI~IG~ Date: QUALITY ROOFING SUPPLY COMPANY, INC., Plaintiff D. E. PETERS HOME IMPROVEMENTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-137 CIVIL TERM ANSWER AND NOW, the Defendant, by and through his undersigned attorney, files this Answer to Plaintiff's Complaint, and, in support thereof, avers as follows: 1. After reasonable investigation, the Defendant is without knowledge sufficient to enable him to form a belief as to the veracity of this averment and therefore denies the sallie. 2. Admitted. 3. Denied. The document speaks for itself. 4. Admitted. 5. Admitted. 6. This averment is a conclusion of law which requires no response. 7. Denied. The Defendant has made other payments which have not been credited to the Defendant's account by the Plaintiff. Specifically, the Defendant made cash payment, in the amount of $1,000.00 to the Plaintiff; said amount has not been properly credited to the Defendant's account. In addition, the Defendant has paid other sums not properly credited to the Defendant's account by the Plaintiff. 8. This averment requires no response. 9. This averment requires no response. 10. Denied. Defendant has paid all mounts he believes are due and owing. By way of further answer, the Defendant has repeatedly requested that the Plaintiff provide accurate invoices of all materials supplied, to which the Plaintiff has refused. WHEREFORE, the Defendant prays that this Honorable Court grant judgment in its favor and dismiss the Plaintiff' s Complaint. Respectfully submitted, NICHOLAS & FOREMAN, P.C. Charles Rees Brown Supreme Court No. 70612 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorney for Defendant VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties set forth at 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Doug ~rs QUALITY ROOFING SUPPLY COMPANY, INC., Plaintiff D. E. PETERS HOME IMPROVEMENTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-137 CIVIL TERM CERTIFICATE OF SERVICE I, Charles Rees Brown, hereby certify that on this 19th day of February, 2002, I did personally serve a copy of the Defendant's Answer to the Plaintiffs Complaim, by depositing the same in the United States mail, first class, postage prepaid, addressed as follows: Edward N. Flail, Jr., Esq. Attorney at Law P.O. Box 507 Wayne, PA 19087 Charles Rees Brown QUALITY COMPANY, Do $. RULE 1312-1. ROOFING INC. Vo PETERS HOME SUPPLY IMPROVEMENTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-00137 CIVIL 19 The Petition for Appointment of Arbitrators Shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: EDWARD N. FLAIL, JR. , counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $ 6 t 0 8 3.4 3 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: _. Charles Rees Brown, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. '// / ''- / . , , ~considerationof~e foregomg~tition,, ~ ~ ~, ~ ~ .... A~. '~ ~yed fur , q, ~ appointed ~b~trators m ~e above capl~oned acllon (or By the Co V1NV/~XSNNDct ALNFtOO g!~t~H~qflFlflO In The Court of Common Pleas of Cumberland County, Pennsylvania O~TH We do solemnly swear (or affirm) that we will support, obey and defend the Constitution o5 the United States and the Constituclo~ of t~is Common- wealth and that we will the due fica discharge i~~ ~h fidelity. / , f } ~airman We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make The followin~ award: (Note: If damages for delay are awarded, they shall be separately stated.) ' ' applicable. ) Date of Hearing:. Arbitrator, dissents. NOTICE OF ~qTRY OF AWARD (Insert name if Chairman Deputy _ Now, the ~ day of Oc~-e~ , t~mm2~ at~?:oz, ~.~L, the above award was entered upon ~he docket and notice thereof given by mail to ~he parties or ~heir attorneys. Arbitrators' compensation to be paid upon appeal: EDWARD N. FLAIL, JR. ATTORNEY I. D. #10049 130 WEST LANCASTER AVENUE POST OFFICE BOX 507 WAYNE, PA 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY : NO. 02-00137 CIVIL TERM COMPANY, INC. ' D. E. PETERS HOME IMPROVEMENT : PRAECIPE FOR JUDGMENT ON AWARD OF ARBITRATOR:; TO THE OFFICE OF THE PROTHONOTARy: Enter Judgment on the Award of Arbitrators in favor of Plaintiff, QUALITY ROOFING SUPPLy COMPANy, INC., and against Defendants, D. E. PETERS HOME IMPROVEMENT, and assess damages as follows: Debt from Award $5,350.00 ~/ Interest 10/30/02-12/30/02 53.50 TOTAL $5,403.50 I certify that I have sent notice of the filing of this Praecipe to Charles Rees Brown, Esquire, Attorne f ed h immediately ~rior to t~ ~-- ~ of, which ' y or Defendant Exhibit .A..= .~= ~n~ n~ ~tt~ ~eto a~ I hereby enter judgment on the Award of Arbitrator~as above. OFFICE OF THE PROTHONOTARy Deputy Edward N. Flail, Jr. Beverly H. Foster* Flail and Foster A ~ IORNEYS AT LAW 130 West Lancaster Avenue Post Office Box 507 Wayne, Pennsylvania 19087 FAX (610) 964-8886 December 9, 2002 Charles Rees Brown, Esquire Nicholas & Foreman, PC 4409 North Front Street Harrisburg, PA 17110-1709 RE: Quality Roofing Supply Company, Inc. v. D. E. Peters Home Improvements Dear Mr. Brown: Enclosed please find a copy of Praecipe for Judgment on Award of Arbitrators which I intend to file with the Court this date. Very truly yours, ENF/lms Enclosure File No. 01/2269-5 EDWARD N. FLAIL, JR. EDWARD N. FLAIL, JR. Attorney I.D. No.: 10049 130 West Lancaster Avenue P.O. Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLy : NO. 02-00137, CIVIL TERM COMPANy, INC. We D. E. PETERS HOME IMPROVEMENT : TO: D. E. PETERS HOME IMPROVEMENT 2 West Beale Avenue Enola, PA 17025 ADDRESS CORRECTION AND FORWARDING REQUESTED NOTICE Notice is hereby given that a judgment in the above-captioned matter has been entered against you on , 2002. If you have contact: any questions OFFICE OF THE PROTHONOTARY: concerning the abo~please Edward N. Flail, Jr. Attorney for Plaintiff 130 W. Lancaster Avenue P.O. Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 EDWARD N. FLAIL, JR. Attorney Number 10049 130 West Lancaster Avenue Post Office Box 507 Wayne, Pennsylvania 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY COMPANY, INC. NO. 02-00137 v. : D. E. PETERS HOME IMPROVEMENT : PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue a writ of execution upon a judgment entered in the above matter, 1. directed to the Sheriff of Cumberland County; 2. against D. E. PETERS HOME IMPROVEMENT, on the personal property at 2 West Beale Avenue, Enola, PA 17025, Defendant; and 3. against , garnishee; 4. and index this writ a. against D. E. PETERS HOME IMPROVEMENT on the personal property at 2 West Beale Avenue, Enola, PA 17025 and b. against , as garnishee, as a lis pendens against realty property of the defendant in name of garnishee as follows: 5. Amount due Interest from 12/30/02 Attorney's fees (Costs to be added) $5,350.00 $ $ $ , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-137 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due QUALITY ROOFING SUPPLY COMPANY, INC., Plaintiff (s) From D.E. PETERS HOME IMPROVEMENT, 2 WEST BEALE AVENUE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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) Ifproperty 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 $5,350.00 Interest FROM 12/30/02 L.L. $.50 Atty's Comm % Due Prothy $1.00 Atty Paid $125.35 Other Costs Plaintiff Paid Date: JANUARY 15, 2003 (Seal) REQUESTING PARTY: Name EDWARD N. FLAIL, JR., ESQUIRE Address: 130 WEST LANCASTER AVENUE POST OFFICE BOX 507 WAYNE, PA 19087 Attorney for: PLAINTIFF Telephone: 610-964-1600 Supreme Court ID No. 10049 CURTIS R. LONG Prothon°/J3JY C Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-137 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due QUALITY ROOFING SUPPLY COMPANY, INC., Plaintiff (s) From D.E. PETERS HOME IMPROVEMENT, 2 WEST BEALE AVENUE, ENOLA, PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell PERSONAL PROPERTY (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $5,350.00 Interest FROM 12/30/02 Atty's Comm % Atty Paid $125.35 Plaintiff Paid Date: JANUARY 15, 2003 (Seal) REQUESTING PARTY: Name EDWARD N. FLAIL, JR., ESQUIRE Address: 130 WEST LANCASTER AVENUE POST OFFICE BOX 507 WAYNE, PA 19087 Attorney for: PLAINTIFF Telephone: 610-964-1600 Supreme Court ID No. 10049 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy