Loading...
HomeMy WebLinkAbout02-0433EDWARD N. FLAIL, JR. ATTORNEY I. D. #10049 POST OFFICE BOX 507 130 WEST LANCASTER AVENUE WAYNE, PA 19087 (610) 964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION NO.02- ~ QUALITY ROOFING SUPPLY COMPANY, INC. 2890 Hempland Road Lancaster, PA 17601 v. : DANNY V. SWEARINGEN, indiv. : and t/a LETORT CONSTRUCTION 217 East North Street : Carlisle, PA 17013 and : DANNY V. SWEARINGEN, indiv. and t/a COLD CREEK ROOFING : 130 West Louther Street Carlisle, PA 17013 : 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 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA CIVIL ACTION QUALITY ROOFING SUPPLY COMPANY, INC. 2890 Nempland Road Lancaster, PA 17601 DANNY V. SWEARINGEN, indiv. and t/a LETORT CONSTRUCTION 217 East North Street Carlisle, PA 17013 and DANNY V. SWEARINGEN, indiv. and t/a COLD CREEK ROOFING 130 West Louther Street Carlisle, PA 17013 COMPLAINT 1. Plaintiff with the name and address first above is a Pennsylvania corporation engaged in the business of building supply. 2. Defendants, with the names and addresses second is an adult male, who trades as the above referenced fictitious names, engaged in the business of general contractor. 3. At the special oral request of Defendants acting through Danny V. Swearingen, 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 "A" 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 "A" 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 "A". 8. In addition to the amount set forth in Exhibit "A", Plaintiff claims interest at the rate of 1 1/2% a month, as set forth in Exhibit "A", which is $1,147.09 from December 31, 2000 through January 31, 2002. 9. In addition to the amount set forth in paragraph 7, Plaintiff claims attorney's fees, as set forth in Exhibit "A" at the rate of 15%, the amount Plaintiff pays its attorney for collection work which are $1,010.83, making the total of Plaintiff's claim $7,749.71, through January 31, 2002. 10. Despite demand of the sum due by Plaintiff and promises of payment by Defendant, Defendant has not made payment. WHEREFORE, Plaintiff demands judgment against Defendant, DANNY V. SWEARINGEN, indiv, and t/a LETORT CONSTRUCTION and DANNY V. SWEARINGEN, indiv, and t/a COLD CREEK ROOFING, in the sum of $7,749.71 plus costs and interest from February 1, 2002. I~UAI. ITY ,, , Please direct billing in'~uiries to: Quality Roofing Supply Co., Inc. Corporate Office 2890 Hempland Road Lancaster, PA 17601 800-552-6060 www. quaiityroofings upply, com Cl'L£ CREEK RCCFIkC- ,~NE CR LETCR'[ COkSTRECTICN linC. 50 LIST~U~N RCAC CARLISLEt PA · .. :.~..~ . L~.... U-i!'., - STATEMENT rvil[~ ~00-552-6060 ~ec~anicsburg. ~ 800-88~-1090 Reading, PA 800-641-2850 Lewes, DE 800-324-5792 New Castle, DE 800-544-3704 A- DISCOUNT F- F1NANCE $. SERVlCE AU.OWED CHARGE CH=~GE C -CR MEMO I - INVOICE W-WRITE OFF D -OR MEMO P - PAY/lENT U · UI~PPUEO CASH ALL SALES ARE SUBJECT TO THE TERMS AND CONDITIONS OF SALE ON THE REVERSE SIDE 1351~ 135513 17~13 $C3C557 SC3C7~5 SC310~q SC311~4 5C31250 It. LINC IS NCk · ~ICE-CNLY - lC/2e/sg 1/25/cc E/3I/CC ~/3C/CC lC/31/CC 11/3C/CC to ,/o, 3 t4qC o3'/ 1,~28'~ o9C 2Ec;.7~ 144olc 144.1C 83°52 7~: oC2 7~..C2 THRE /,Ch*IH EN£ - EEEtJCT DISCCLhT Ch '~ PLEASE REPTT STI,fl WITH PbYPFkT VERIFICATION DONALD HOLLINGWORTH, hereby verifies that he is Corporate Credit Manager for QUALITY ROOFING SUPPLY COMPANY, INC., and that he makes this Verifidation 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. S4904, relating to the falsification of unsworn statements to authorities. Date: 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 COMPANY, INC. v. : DANNY V. SWEARINGEN, indiv. : and t/a Letort Construction and : DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing : NO. 02-433 PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE OFFICE OF THE PROTHONOTARY: Enter judgment against in favor of Plaintiff and against Defendants, DANNY V. SWEARINGEN, indiv, and t/a Letort Construction and DANNY V. SWEARINGEN, indiv, and t/a Cold Creek Roofing under Pennsylvania Rule of Civil Procedure 1037 for failure to file an Answer to the Complaint, and assess damages as follows: Debt from Complaint $7,749.71 Interest from 2/1/02-3/1/02 38.74 TOTAL $ 7,788.4~ N. FLAIL, I hereby enter Judgment and assess damages as above. DATE: OFFICE OF THE PROTHONOTARY 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 COMPANY, INC. v. DANNY V. SWEARINGEN, indiv. and t/a Letort Construction and DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing NO. 02-433 CERTIFICATION OF SERVICE I, EDWARD N. FLAIL, JR., Attorney for Plaintiff, do hereby certify that a copy of the Rule 237.1 notice was served upon Defendants, DANNY V. SWEARINGEN, indiv, and t/a Letort Construction and DANNY V. SWEARINGEN, indiv, and t/a Cold Creek Roofing, via first class mail, postage pre-paid on February 18, 2002. A true and correct copy of notice is attached hereto and marked Exhibit Date: EDWARD N. FLAIL, JR. ATTORNEY I. D. $10049 130 WEST LANCASTER AVENUE POST OFFICE BOX 507 WAYNE, PENNSYLVANIA 19087 610-964-1600 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNA CIVIL ACTION QUALITY ROOFING SUPPLY : COMPANY, INC. V. DANNY V. SWEARINGEN, indiv, and t/a LETORT CONSTRUCTION : and DANNY V. SWEARINGEN, indiv, and : t/a COLD CREEK ROOFING NO. 02-433 TO: DANNY V. SWEARINGEN, indiv, and t/a Letort Construction 217 East North Street, Carlisle, PA 17013 DANNY V. SWEARINGEN, indiv, and t/a Cold Creek Roofing 130 West Louther Street Carlisle, PA 17013 ADDRESS CORRECTION AND FORWARD REQUESTED DATE: February 18, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. 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 MAYLOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYERS AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. AS PROVIDED BY PENNSYLVANIA RULE OF CIVIL PROCEDURE 1018.1, THE FOLLOWING OFFICE IS DESIGNATED TO BE NAMED IN THE NOTICE TO DEFEND PRESCRIBED BY THAT RULE AS THE OFFICE FORM WHICH ADVICE ON WHERE TO GET LEGAL HELP CAN BE OBTAINED. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-239-3166 EDWARD N. FLAIL, JR. ATTORNEY FOR PLAINTIFF EXHIBI'II A 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 COMPANY, INC. 2890 Hempland Road Lancaster, PA 17601 NO. 02-433 DANNY V. SWEARINGEN, indiv. and t/a Letort Construction 217 East North Street Carlisle, PA 17013 and DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing 130 West Louther Street Carlisle, PA 17013 CERTIFICATION OF ADDRESSES I certify that the addresses of the within judgment creditor and judgment debtor are as listed above. 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 COMPANY, INC. V. DANNY V. SWEARINGEN, indiv. and t/a Letort Construction and DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing NO. 02-433 AFFIDAVIT OF SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940. AS AMENDED COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DELAWARE : EDWARD N. FLAIL, JR., being duly sworn according to law deposes and says that the above named Defendant, DANNY V. SWEARINGEN, is not in the military service of the United States of America, as defined by the Soldiers' and Sailors' Civil Relief Act of 1940, as amended; and that said Defendant is an adult male over eighteen years of age. ~~~~/j~. ~ ~WARD N. FLAIL, ~R. / / SWORN TO AND SUBSCRIBED before me this 1st day of March, 2002. Notarial Seal Linda M. Smith, Notary Public Radnor Twp., Delaware County My Commission Expires Jan. 11, 2004 Member, Pennsylvania Association of Notaries 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 COMPANY, INC. : NO. 02-433 DANNY V. SWEARINGEN, indiv. : and t/a Letort Construction and : DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing : DANNY V. SWEARINGEN, indiv, and t/a Letort Construction 217 East North Street Carlisle, PA 17013 and DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing 130 West Louther Street Carlisle, PA 17013 ADDRESS CORRECTION AND FORWARDING REQUESTED NOTICE Notice is hereby given that a judgme~ in ~he above-captioned matter has been entered against you on /Y~%~J~ ~/ , 2002. OFFICE OF THE PROTHONOTARY If you have any questions concerning the a~ove, please contact: EDWARD N. FLAIL, JR. Attorney for Plaintiff 130 W. Lancaster Ave. P. O. Box 507 Wayne, PA 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. 02-433 DANNY V. SWEARINGEN, indiv. : and t/a Letort Construction and : DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing : PRAECIPE FOR WRIT OF EXECUTION UPON A CONFESSED JUDGMENT 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 DANNY V. SWEARINGEN. indiv, and t/a LeTort Construction and DANNY V. SWEARINGEN. indiv.and t/a Cold Creek Roofina on the personal Drooertv at 130 West Louther Street. Carlisle. PA 17013, Defendants; and 3. against , garnishee; 4. and index this writ a. against DANNY V. SWEARINGEN. indiv, and t/a LeTort Construction and DANNY V. SWEARINGEN. indiv, and t/a Cold Creek Roofina on the personal property at 130 West Louther Street. Carlisle. PA 17013 and b. against , as garnishee, as a lis pendens against realty property of the defendants in name of garnishee as follows: 5. Amount due Interest from 3/1/02 Attorney's fees (Costs to be added) DATED: $7,788.45 $ $ $ EDWARD N. FLAIL, JR. Attorney Number 10049 130 West LancaSter Avenue Post Office Box 507 Wayne, Pennsylvania 19087 (610) 964-1~00 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION QUALITY ROOFING SUPPLY COMPANY, INC. DANNY V. SWEARINGEN, indiv. and t/a Letort Construction and DANNY V. SWEARINGEN, indiv. and t/a Cold Creek Roofing : NO. 02-433 WRIT OF EXECUTION SS. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DANNY V. SWF~INGEN. indiv, and t/a LeTort Construction and DANNY V. SWEARINGEN. indiv, and t/a Cold Creek Roofina, Defendants; 1. You are directed to levy upon the personal property of the Defendants located at 130 West Louther Street, Carlisle, PA 17013 and to sell his interest therein; 2. You are also directed to attach the property of the Defendants not levied upon in the possession of , as garnishee. 130 West Louther Street. Carlisle. PA (property) and to notify the garnishee that: 17013 a. an attachment has been issued; b. the garnishee is enjoined from paying any debt to or for the account of the Defendants and from delivered any property of the Defendants or otherwise disposing thereof. 3. If the property of the Defendants not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him that he has been added as a garnishee and is enjoined as above stated. Amount due Interest from 3/1/02 Attorney's fees (Costs to be added) $7t788.45 $ (Seal) Date: Prothonotary By: Deputy CUMBERLAND COUNTY COURT OF COMMON PLEAS OFFICE OF THE DISTRICT COURT ADMINISTRATOR WRIT OF EXECUTION NOTICE You are being served with a Writ of Bxsoution. It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. The law provides that certain property cannot betaken. Such property is said to be exempt. Following is a list of the major exemptions under Pennsylvania and Federal law: 1. $300 statutory exemption. 2. Bibles, school books, sewing machines, equipment. uniforms and 3. Most wages and unemployment compensation. 4. Social security benefits. 5. Certain retirement funds and accounts. 6. Certain veteran and armed forces benefits. 7. Certain insurance proceeds. 8. Such other exemptions as may be provided by law. If you have any exemption, you should do the following promptly: (1) Fill out the attached claim form and demand for a prompt hearing. (2) Deliver the form or mail it to the Court Administrator's Office at the following address: County of Cumberland Office of the Court Administrator One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 You will be assigned a hearing date By Phons between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, so please insure that a telephone number where you can be reached appears on the enclosed Claim of Exemption form in the space provided. You should come to the court ready to explain your exemption. If you do not come to court and prove your exemption, you may lose some of your property. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYERAND CAN AFFORD ONE CONTACT THE LAWYERS REFERENCE SERVICE. IF YOU CANNOT AFFORD ONE, CONTACT LEGAL ASSISTANCE. THE ADDRESS AND TELEPHONE NUMBER IS LISTED BELOW: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 (This side of the form to be completed by the Judge. ) CUMBBRLAND' County Court of Common Pleas Cla(m for Exemption COURT ORDER On the basis of the Claim for Exemption found on the reverse side of this form the Court hereby ORDERS: A. For the personal property in possession of the defendant the $300 statutory exemption is hereby (check appropriate box): ) Set aside in kind (specific property to be set aside in kind): Paid in cash following the sale of the property levied upon. The following additional exemptions are allowed {specify property): For property that is in the possession of a third party, it is hereby dered that (check appropriate box): ) the $300 statutory exemption is allowed: { ) in Cash' ( ) in kind specify property): ' Social Security benefits are exempted in the amount of S i ) Other (the following items are also exempted): Amount Item Hearing Date: Date: Judge: (This.side of the form to be completed by Defendant. ) Chester County Court of Common Pleas Court Adminis.trator's Office Claim for ExemotiOn Def. Name: Address: *Home Phone: *Business Phone: Please indicate a number where you c :30 AM and 4:30 PM~ Monday through Fr Date Form ( )Mailed ( ) Hand Del Case No. Case Caption: n be reached between the hours of day. I, the above named defendant, claim exemption of property from levy or attachment as follows: · From my personal property in my possession which has been levied upon, desire that my $300 statutory exemption be (check one of following): ) Set aside in kind (specific property to be set aside in kind): ( 1 Paid in cash followin~ the sale of the property levied upon. 3. ! claim .the following exemption (indicate specific property and basis ~f exemption): , ~.,~ ..... ~mount Specific Prooerty Basis of Exemption C. From my property which is in the possession of a third party, I claim the following exemptions (check whichever applies): ) $300 statutory exemption: ( ) in Cash; ( ) in kind (spec property): ) Social Security benefit's on deposit in th~ amount of $ ) Other (specify amount and basis of exemption): ~mount Specific Property Basis of Exemption requ st & prompt court hearing to determine the exemption. Notice of th heari'n should be given to me BY PHONE between the hours of 8:30 AM and 4:30 PM, Monday through Friday, at the number indicated above. I verify that the statements made in this Claim for Exemption are true an~ correct. I understand that false statements herein are made subject to th penalties of !8 Pa. C.S. Section 4904 relating to unsworn fal'sification tO authorities. Date: Defendant: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02433 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 DANNY V. SWEARINGEN, INDIV. AND T/A/LETORT CONSTRUCTION AND DANNY V. SWEARINGEN, INDIV. AND T/A COLD CREEK ROOFING, 130 WEST LOUTHER STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell DANNY V. SWEARINGEN, INDIV. AND T/A/LETORT CONSTRUCTION AND DANNY ¥. SWEARINGEN, INDIV. AND T/A COLD CREEK ROOFING ON THE PERSONAL PROPERTY AT 130 WEST LOUTHER STREET, CARLISLE, PA 17013 . (2) You are also directed to attach the property of the defendant(s) not levied upon m 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 $7,788.45 Interest FROM 3/1/02 Atty's Comm % Atty Paid $119.45 Plaintiff Paid Date: APRIL 8, 2002 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 Prothonotary, Civil Division R. Thomas Kline~ Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing Poundage Law Library Prothonotary Mileage Surcharge Levy 18.00 155.76 .50 1.00 3.45 30.00 20.00 $2~8~-7~ pd by deft. Sworn and subscribed to before me This ~,~fi day of Real Estate Deputy WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-433 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 DANNY V. SWEARINGEN, INDIV. AND T/A/LETORT CONSTRUCTION AND DANNY V. SWEARINGEN, INDIV. AND T/A COLD CREEK ROOFING, 130 WEST LOUTI-IER STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell DANNY V. SWEARINGEN, INDIV. AND T/A/LETORT CONSTRUCTION AND DANNY V. SWEARINGEN, INDIV. AND T/A COLD CREEK ROOFING ON THE PERSONAL PROPERTY AT 130 WEST LOUTHER STREET, CARLISLE, PA 17013 . (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 $7,788.45 L.L. $.50 Interest FROM 3/1/02 Atty's Comm % Due Prothy $1.00 Atty Paid $119.45 Other Costs Plaintiff Paid Date: APRIL 8, 2002 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 Prothonotary, Civil Division DISTRIBUTION ATTORNEY Edward Flail, Jr. WRIT NO. 2002-433 Civil Quality Roofing Supply Company, Inc. vs Danny V. Swearingen, i/a/Ua Letort Construction And Cold Creek Roofing Real Debt Interest Attomey's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $7,788.45 66.56 119.45 $7,974.46 Sheriffs Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postpone Sale Surcharge Garnishee Levy $ 18.00 155.76 .50 1.00 3.45 30.00 20.00 $ 228.71 Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $7,974.46 150.00 1.50 $8,203.17 150.00 $8,353.17 So Answers: R. Thomas Kline, Sheriff By x~b~, ~~