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Home My WebLink About05-4568 Leonard Tintner, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 0[. L/5't..f' {4J LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW 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 GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17073 1-800-990-9108 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demand as expuestas en las paginas siguientes, uted tiene viente (20) dias de plazo al partir de la fecha de Ie demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas os sus objeciones a leas demandas en contra de su persons. Sea avisado que si usted no se defiende, la corte tomara medidas y peude entrar una order contra usted sin pervio aviso 0 notificacion y por cualquier queja or alivio que es pedido en la peticion de demanda. Usted peude perder dinero os sus propiedades 0 ostros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAzR RAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONE A LA ICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17073 1-800-990-9108 (717) 249-3166 Leonard Tintner, Esquire Supreme Court 1.0. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05- 'f)(" 9 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW COMPLAINT Plaintiff, United Restaurant Equipment, Inc., by its attorneys, Leonard Tintner, Esquire, G. Edward Schweikert IV, Esquire and Boswell, Tintner, Piccola &Alford, presents its Complaint against the Defendant Lyons Construction Services, Inc., as follows: 1. Plaintiff, United Restaurant Equipment, Inc., is a Pennsylvania corporation, with its principal place of business located at 2980 Jefferson Street, Harrisburg, Pennsylvania 17105. 2. Defendant, Lyons Construction Services, Inc., is a Pennsylvania corporation with its principal place of business at 5237 East Trindle Road, Mechanicsburg, PA 17055 and its registered address at 542 Appalachian Avenue, Mechanicsburg, PA 17055. COUNT I BREACH OF CONTRACT 3. On or about April 30, 2004, Plaintiff and Defendant entered into a contract in which Plaintiff agreed to provide Food Service Equipment and installation services to the Defendant at Defendant's Monti's Deli SSHE 401-BL-660.1 project. A true and correct copy of the contract is attached hereto as Exhibit A. 4. The total amount of the original contract was $134,696.00. 5. As work on the project progressed, Plaintiff provided Defendant with periodic bills on the total contract amount. 6. Defendant paid the Plaintiff the total sum of $129,453.00 towards the total amount due under the contract. 7. The current outstanding balance under the contract is $5,423.00. 8. Despite Plaintiff's numerous attempts to collect this amount, Defendant has continuously refused to make payment to Plaintiff for the balance due. 9. Pursuant to the terms of the contract, on July 6, 2005, Defendant provided Plaintiff with notice of its intention to pursue its legal remedies. Plaintiff provided the notice to Defendant's principal place of business and registered address. True and correct copies -2- of the notices and certified mail return receipts are attached hereto as Exhibits Band C, respectively. WHEREFORE, Plaintiff, United Restaurant Equipment, Inc., demands judgment against the Defendant, in an amount not in excess of $35,000.00, which amount requires submission of this matter to compulsory arbitration, plus post-judgment interest and costs of suit. COUNT II UNJUST ENRICHMENT 10. Plaintiff incorporate Paragraphs 1 through 9 as if fully reproduced, herein. 11. Plaintiff provided Defendant equipment and installation services totaling $134,696.00. 15. Defendant paid Plaintiff the total sum of $129,453.00. 16. Defendant has failed to pay Plaintiff the remaining sum of $5,423.00, therefore, Plaintiff having done so to the benefit of Defendant, Defendant became liable to Plaintiff for the just and reasonable amount of the equipment and installation services. 17. Defendant has been unjustly enriched by accepting the equipment and installation services provided by Plaintiff and not paying for same. 18. Plaintiff has demanded that Defendant pay the amount due and owing, but Defendant has failed to do so. -3- WHEREFORE, Plaintiff demands judgment in an amount not in excess of $35,000.00, which amount requires submission of this matter to compulsory arbitration, plus post-judgment interest and costs of suit. Respectfully submitted, By: eonard Tint er, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Defendant Date~ \-- lR I .2JJ o~ VERIFICATION I, Michael Weiss, Vice-President of United Restaurant Equipment, Inc., hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. ~~ Date: g /210)' I 04/30/04 SUBCONTRACT AGREEMENT 165-20 This Agreement made and entered into, by and between Lyons Construction Services, Inc. a PefUlSylvania COlporation, having principal office at 5237 East Trindle Road, Meehanicsburg, Pa 17050 hereinafter called "Lyons", of the one part and hereinafter called the "Subcontractor", of the other part: United Restaurant Equipment, Inc. 2960 Jefferson Street P O. Box 2223 Harrisburg, P A 17105 Phone (717) 238-1214 Fax (717) 238-3756 1. On June II, 2003, a contract has been entered into between the Bloomsburg University of the State System of Higher Education, Commonwealth ofPennsylvaniat, hereinafter called "The Owner", and Lyons for the construction of Expansion of Monti's Deli SSHE 401-BL-660.1, which contract, addenda, if any, plans, specifications, addenda thereto, and general and special conditions all will collectively be hereinafter referred to as the "Principal Contract". Notice to proceed was dated July 15,2003 and contract must be totally completed by July 23,2004. The Subcontractor does represent that it has carefully and fully examined all of the documents that are collectively designated as the principal contract and is thorougWy familiar with each of them and Subcontractor further represents that the site for the work has likewise been examined and the site for the work and the conditions present are known and are familiar to the Subcontractor. The parties hereto agree that the principal contract as herein defmed is incorporated by reference in every particular in this subcontract and is part hereof. In the event, however, of any conflict between the provisions of this subcontract and of the principal contract, the provisions of this subcontract shall control. 2. Lyons does hereby assign, set over and sublet to the Subcontractor, and the Subcontractor does hereby covenant and agree with Lyons to perform and construct in a satisfactory and workmanlike manner, and in accordance with the terms and conditions of the principal contract, to the approval and acceptance without condition, of the owner and of Lyons, that portion of the work of the principal contract as herein designated as follows: (A) Scope of Work: Section 01010 - Summary of Work Section 01027 - Applications for Payment Section 01040 - Project Coordination Section 01300 - Submittals Section 0150 I - Safety Section 01700 - Project Closeout Section 01740 - Warranties and Bonds Section 11400 - Foodservice Equipment (For Items listed below Only) Section 11410 - Foodservice Equipment Installation (Install university supplied and United supplied equipment) V .\ 1. ;' j 1 Lyonsil SUb~ j EXHIBIT ~ Concur: 04/30/04 Also included, but not limited to the following: -Protection of surrounding surfaces from your work -Clean-up and removal of all debris caused by your work to dumpster provided by Lyons -Unloading of material furnished by United -Color scheme"A" -Furnish and install items: 2, 3, 15,17,22,34,48,66,60,62, 65(new), 67, 73, 75, 78, 80, 86, 91, 92,94,97,99, 102, 103, 104, 107, 109, 114, 116, 119, 155, 156. -Install all owner furnished equipment -Refrigeration system install is included. EXCLUSIONS: -BONDS -Top and front by others for items: 99, 114, 156 -All plumbing and electrical work including connections and material. -Sales Tax -Condenser Pad UNIT PRICES: NONE CONTRACT AMOUNT: $134,696.00 DOCUMENT LIST: Plans, Specifications, Addendum I as prepared by STY Architects 205 West Welsh Drive, Douglasville, PA 19518. SUBMTTTALS as required by contract, allowing 25 days for approval and processing. TIME SCHEDULE: All work by the Subcontractor is to be completed to allow sufficient time for the other Subcontractors, Prime Contractors, and Lyons to complete the project no later than July 23, 2004. Sufficient time must also be allowed for the completion of each phase. The Subcontractor must complete its work as required by the progress of Lyons. (B) Special conditions to schedule of work 1. Subcontractor to perform work in accordance with the project specifications and contract drawings. 2. All materials supplied and/or used by the Subcontractor shall meet requirements and specification for this project and all material shipments must be accompanied by certification. 3. Subcontractor is responsible for administrative procedures and requirements associated with subcontracted schedule of work. 4. Subcontractor is required to furnish evidence of Insurance as required by specifications. 5. Quantities of work performed are to be verified by Lyons. 6. Subcontractor is bound to prevailing wage schedule (attached). Certified payroHs must be submitted to Lyons every month. No payments shall be released until all certifications are up to date. 7. Subcontractor shall be responsible for any penalties assessed against Lyons due to the lack of performance by Subcontractor. 8. Subcontractor to commence work within 48 hours of notice from Lyons and proceed v,'ith dihgence. 9. Lyons reserves the right to issue a joint check to Subcontractor and/or material suppliers. I O. SUbcontra~Uired to have qualified Owner approved Supervisor on the projeel at all rimes. 11. Subcontract uired to have all applicable sales and/or use taxes included in prices. Concur: Lyon SUb.f€:- 2 04/30/04 1. The Subcontractor by executing this subcontract, represents and warrants to Lyons that it is qualified, capable, experienced and available to perform the schedule of the work as set forth in paragraph 2 of this subcontract agreement under the terms and conditions of the principal contract and this subcontract, in the quantity and for the amount therein set forth, and within the time as is, during the execution of the principal contract, designated. The Subcontractor does further represent to Lyons that where prequalification to perform the work in this contract is required by the Owner and is a condition to contracting or subcontracting to perform such work, that the Subcontractor is duly so prequalified and will remain prequalified for such work for the duration of this subcontract, including any addition or extension thereof. 2. LIABILITY: The project work designated to be performed under this contract will be performed entirely as Subcontractor's sole responsibility. Subcontractor will carry, for the duration of this contract, public general liability insurance a minimum amount as indicated in the specifications. Subcontractor warrants and agrees to provide a Certificate of Insurance to evidence said coverage and naming Lyons as additional insured on said policy. Subcontractor further warrants the existence of Workers' Compensation and property and vehicle coverage and shall provide a copy of said insurance binder to Lyons. All of the above mentioned policies insurance shall provide that said policies of insurance shall not be changed or cancelled until ninety (90) days written notice has been given to Lyons. 3. PROGRESS OF WORK: The Subcontractor will begin said work within 48 hours after he is notified by Lyons and will carry forward and complete said work as rapidly as the progress of the work of Lyons will permit. The Subcontractor will furnish said materials, labor and equipment, prosecute said work with diligence, without delay, and will not in any manner delay or otherwise interfere with the work of Lyons or other Subcontractors. Should Lyons conclude that a Subcontractor is unjustly and without valid reason delaying said wnrk, or the Subcontractor has performed said work in a deficient or improper manner, he shall so notify said Subcontractor by facsimile or by telegram, setting forth the complaint in detail, and the Subcontractor fails to comply with said notice and to correct the complaint, Lyons shall have the legal right to take possession of all equipment, machinery and supplies, in and up on the contract site, including, but not limited to; construction machinery, equipment and supplies of the Subcontractor and to use the same to correct the complaint or to have the complaint corrected by subletting this work to others, and said construction machinery and equipment as needed to be used to correct said work deficiencies shall be used by Lyons or any Subcontractor designated by Lyons to so use the same. Lyons sball charge the expense of the correcting work against said subcontract and deduct the same from the contract. 4. TIME ALLOWED FOR CONSTRUCTION OF PROJECT: It is expressly understood and agreed by and between the parties hereto that time is and shall be considered the essence of the contract on the part of said Subcontractor and should the said Subcontractor fail to begin, continue and complete the work as herein provided and should Lyons suffer or permit said Subcontractor to occupy more time than required under this agreement, in that the said Subcontractor hereby covenants and agrees to indemnity and save harmless Lyons from any loss and damage which may be compelled to make good to the Owner, for or on account of delay in the completion thereof, insofar as said delay was caused by the said Subcontractor. If the Subcontractor claims he is delayed in the prosecution of his work through no fault of his 0\VI1 and that such delay is costly to him, he shall be entitled only to such compensation for such delay as is allowed and paid for by the Owner to Lyons to the extent such is attributable to the Subcontractor's \\'ork any such claim by the Subcontractor shall be submitted to Lyons in writing, containing all pertinent details, by the Subcontractor five (5) days prior to the deadline needed for Lyons to submit to the Ovmer. Failure of the Subcontractor to give such 1'00 w'ilim '" "m, ,,~ .",ci 'w ,~"' ,.." ",m'"'' m, ",,, ""', Subco ctOf to make such claim to Lyons or the owner. Lyons SUb~ 3 Concur: 04/30/04 Concur: 5. CONDEMNA nON OF WORK: The Subcontractor shall provide sufficient, safe and proper facilities at all times for the inspection of the work by the Project Engineer, Architect and Lyons or their authorized representatives, for the inspection of the Subcontractor's work and materials used or to be used. He shall at once, remove all materials, and take down and rebuild all portion of the work condemned by the Project Engineer, the Architect and Lyons or their representative, upon receiving notice in writing of such condemnation. 6. EXTRA WORK: All extra work to be performed by the Subcontractor must be condensed to writing at a rate of pay agreed upon before such work is undertaken. Said extra work agreement must be signed by representatives of Lyons and Subcontractor and wiU be subject to the tenns and conditions of the subcontract agreement. 7. INDEMNIFICATION OF CONTRACTOR- PATENTS AND PATENT RIGHTS: The Subcontractor hereby covenants and agrees to indemnify and save harmless Lyons from any and all claims or suits from infringements of patents or violation of patent rights, including all costs and expenses to which Lyons may be put in defending any action that may arise through the work of the Subcontractor. 8. INDEMNIFICATION OF CONTRACTOR AND OWNER FROM ALL LIABILITY: The Subcontractor shall have charge of the entire work until eompletinn and acceptance, and shall alone be liable for and shaU pay aU loss or damage caused by him or by his servants, agents or employees to property, buildings or adjacent work and for any accident to persons that may occur during the performance of the work covered by this subcontract or at any time thereafter as a consequence of the performance of said work. The Subcontractor shall observe all State and Municipal laws, ordinances and regulations and shaU defend and save barmless Lyons and the Owner from all suits and claims whatever for loss of life or injury occurring to employees of the Subcontractor who perform such work. The Subcontractor agrees to fully indemnify, protect and save harmless Lyons and the Owner from all liability from all claims, loss, damage, suits and actions of every kind and from all costs and expenses in connection with such claims, suits and actions due to injuries to persons or damage to property whether resulting from accident, negligence or any other cause whatsoever occurring during the performance of the work covered by this subcontract or at any time thereafter as a consequence of the performance of the same or which may at any time occur or result from or be caused by such work and if there are any such claims installed when the work herein provided for is completed, fmal settlement by Lyons and Subcontractor shall be deferred until such claims are adjusted or suitable special indemnity acceptable to Lyons is provided by the Subcontractor. 9. TAXES: The Subcontractor shall pay all the Pennsylvauia sales and use taxes on all taxable items, and all Federal Old Age Benefit taxes, Federal Unemployment Compensation Insurance on all labor furnished under this contract, as required by the Commonwealth of Pennsylvania and the Uuited States Government, as well as any other taxes, Federal, State or Local, applicable to or occasioned by the Subcontractor's performance of this contract or employment of persons hereunder. 10. ASSIGNMENT OF SUBCONTRACT: None of the rights under this subcontract, including assignment of funds, shall be assigned by the Subcontractor without prior written consent from Lyons. Any attempt to assign the subcontract will operate as an instant forfeiture and repudiation thereof by the Subcontractor and the rights of the parties shall be determined in the same manner as though the Subcontractor had at the time of such attempted assignment fal1Plled refused to continue to perform the contract. In case of default by Lyons, thIS sube et is assigned to Western Surety Company, South Dakota, USA. Lyons SUb-@- 4 Concur: I J. EXTENSION OF TL\I!E: No allowance of time will be made to the Subcontractor for delay in preparing his drawings or, in securing approval of the Owner and his representative when such drawings are not properly prepared for approval of the Owner and his representative. Extensions of time to be granted to the Subcontractor will be tbe same only as is granted to Lyons by the Owner, and will be in accordance with the specifications in the principal contract. t2. CONTRACT AND LABOR AND MATERlAL BONDS: The Subcontractor further agrees that he will simultaneously, with the execution of this agreement, provide Lyons, ifrequeste' witb a contract bond, covering satisfactory performance of the work contracted, the penal Slli of 100% of the amount of the contract, and an "additional bond for labor and materials," covering the prompt payment in full for utility services rendered to Sub-Subcontractors and for all materials furnished, rental for equipment used, and/or labor supplied or performed, in the prosecution of the work, and also in the penal sum of 100% of the amount of the contract. Both bonds must also be executed by a Corporate Surety satisfactory to Lyons. Payments under this subcontract may be withheld at any time during the life of same for non-compliance with the above honding requirements. 15. TERMS OF PAYMENT: Lyons agrees to pay the Subcontractor his portion of all payments received by Lyons from the Owner within seven (7) days after receipt thereof. It is also understood and agreed that all estimates shall include the materials on site if so permitted by the Owner as a part of the current estimate. A. Ninety (90) percent of the compensation due to Subcontractor under the agreement shalL be paid by Lyons to Subcontractor upon appropriate invoice by Subcontractor after substantial inspection and approval of the work by Lyons; and B. Ten (10) percent of the compensation due Subcontractor under this agreement shall be paid by Lyons to Subcontractor upon appropriate invniee by Subcontractor after acceptance of the work by the Owner or general Subcontractor. If the work is found to be unacceptable by the Owner or his agent, Lyons shall have the right to complete any necessary repairs and backcharge subcontractor for said repairs. It is further understood and agreed that no payment on account shall operate as an approval of said work or materials, or any part thereof. 16. APPROVAL OF SUBCONTRACT: It is understood and agreed by the parties hereto that this agreement is subject to the approval of same by the Ov.ner. 17. LYONS RIGHT TO WITHHOLD PAYMENTS: Lyons shall have the right to withhold payments from the Subcontractor, in addition to retain percentages as may be provided in the principal contract, of such amounts as may be necessary both to insure compliance with all ot the terms of this contract by subcontract, for work performed by the Contractor or other Subcontractors in accordance with paragraph 4 of this contract, and as necessary to pay all just claims for labor and services, rental and materials furnished in and about said work, which is the obligation of the Subcontractor to pay. Lyons shall have the right, acting as agent of the subcontractor, to apply such retained amount to the payments of such just claims and for work required to be performed. 18. SUBCONTRACTOR'S RELEASE TO CONTRACTOR: Upon receipt of final payment. the Subcontractor does hereby agree to give Lyons a duly signed release reheving the Contractor ':p '"W', ill re,.'" " m..;o. 'ill ill'" " '"''""'''', '"' ili, '""'""""'ill -" cert' at all afhis obligations for services, materials, equipment rental, tools, etc., incurred Lyons SUb~ 04/30/04 on this subcontract have been paid and that if any liability should occur on his behalf, then the Subcontractor will indemnify the Contractor. 19. PRIOR NEGOTIATIONS AND AGREEMENTS: All negotiations and agreements prior to the date of this agreement are merged herein. This subcontract has been read and is fully understood by the Subcontractor. Lyons and the Subcontractor for themselves, their successors, executors, administrators and assigns, hereby agree to the full performance of the covenants of this agreement. 20. TERMINATION: If Lyons work is terminated or abandoned, if Subcontractor cannot work in harmony with other Contractors, Subcontractors or their employees, is in breach of contract or it is otherwise necessary for the welfare of the job in the judgment of Lyons to terminate this contract, Lyons may do so by written notice to Subcontractor and, absent any breach of contract by subcontract, pay Subcontractor on a pro rata basis for Contract completion to that point accordingly as Lyons has been so paid for such work by the Owner, but Subcontractor shall not receive or is entitled to anticipated profits for any work not completed by Subcontractor at time of termination. 21. REMEDIES ON DEFAULT: Any disputes as to the operation, fulfillment of meaning of this contract or of the execution thereof, may be resolved either by arbitration or by action at law, at the sole option of Lyons. If Lyons shall determine in its sole discretion, to resolve the dispute between the parties by arbitration, such should be in accordance with the then prevailing rules, regulations and procedures for commercial arbitration as established and administered by the American Arbitration Association and an award pursuant to such arbitration shall be final and binding on both parties. Lyons shall have thirty (30) days after written notice and receipts of complete information by the Subcontractor to determine what legal action it will choose to take to resolve the disputed matter. In witness whereof, the parties hereto, with the intent to be legally bound hereby, have executed this subcontract the day and year above written. ATTEST: CONTRACTOR: LYONS CONSTRUCTIO . 7!/Oh~~' t. ~~",a/,A, /ks.'5-/. SECRETARY (CORPORATE SEAL) ATTEST OR WITNESS: SUBCONTRACTOR: United Restaurant and Equipment, Inc. ~~ PufMMrL Kristen Putnam (CORPORATE SEAL) ~;f,L BY: Mike Weiss, Vice President C,""'~'";~ 6 Concur: BOSWELL. TINTNER, PICCOLA & ALFORD COUNSELORS AT LAW 315 NORTH FRONT STREET P.O. Box 741 HARRISBURG, PA 17108-0741 LEONARD TINTNER JEFFREY E, PICCOLA .JEFFREY R. BOSWELL BRIGID O. ALFORD G, EDWARD SCHWEIKERT. IV 17171236-9377 FAX 1717) 236-9316 btpa@att.net WilLIAM D. BOSWELL 1I943 -1999) July 6, 2005 SENT VIA CERTIFIED MAIL RETURN RECEIPT REOUESTED Barry T. Lyons, CEO Lyons Construction Services, Inc. 542 Appalachian Ave. Mechanicsburg, PA 17055 RE: United Restaurant Equipment, Inc. Lyons Construction Services, Inc. Monti's Deli project Outstanding balance: $5,423.00 Dear Mr. Lyons: Please be advised that this office represents United Reslaurant Equipment, Inc. (hereinafter "URE"), in connection with the above-referenced collection. The amount of the debt owed as of this date is $5,423.00 URE is the creditor to whom you owe this debt. Unless you dispute the validity of this debt, or any portion of it, within 30 days after receipt of this letter, we will assume the debt is valid and may initiate legal action (i.e., a lawsuit) against you in a court of law. If you notify us in writing, within 30 days after receipt of this letter, that you dispute this debt or any portion of it, we will obtain and mail to you written verification of this debt. Please contact me to arrange for the payment of this account. If we do not hear from you or receive payment in full within 30 davs from the date you receive this letter, we may immediately initiate formal litigation against you; you will not receive any further warnings or notices prior to our filing suit. EXHIBIT I-h- Barry T. Lyons, CEO Lyons Construction Services, Inc. July 6, 2005 Page 2 We trust you will treat this matter responsibly and give it your immediate attention. v~ Y""" GEAwlfd~ GES/adp cc: Barry T. Lyons, CEO Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17055 (via certified mail) United Restaurant Equipment, Inc. TillS COMMUNICATION IS FROM A DEBT COLLECTOR. TillS TS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTATNED AS A RESULT OF TillS COMMUNICATION WILL BE USED FOR THAT PURPOSE SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front jf space permits. 1. Article Addressed to: Barry T. Lyons, CEO LYONS CONSTRUCTION SERVICES 542 Appalachian Avenue Mechanicsburg, PA 17055 U"2. Article Number (Transfer from service 1abeT) PS Form 3811 , August 2001 . . . . , ,. '}/'r!!:.- 3. Service Type }QX Certified Mail o Registered o Insured Mail . ~S ~<:"'~J/ " 7"'~/ D Express ~:.:"...;...-- D Return Receipt for Merchandise DC.O.D. 7004 2890 0002 8000 9483 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Retum Receipt 10259S..Q2-M.1540 EXHIBIT I ~~ SENDER: COMPLETE THIS SECTION . . . . . Barry T. Lyons, CEO LYONS CONSTRUCTION SERVICE 5237 East Trind1e Road Mechanicsburg, FA 17055 D. Is delivery a dress different from it If YES, enter delivery address . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: INC. 3. Service Type ~.rtifled Mail [J Express Mail o Registered 0 Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7004 2890 0002 8000 9513 Domestic Return Receipt 10259S..Q2-M-1540 , - - ~._~-:-: ~~ i ~ ~~ """ w ~ ~ ,,\" ~ . ~ \'\ ~~ ~ ~ ~ \ ) ~ ~ ,,\ ~ , ~ n l.. ~ o 'Tl --_I (....1 "_c_- ,: rj-i;~ I r;\ "":'"':.,,' n1 " -- ,.j ~ u.;. .< Leonard Tintner, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court I.D. #81976 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW CERTIFICATE OF NOTIFICATION I, G. Edward Schweikert IV, Esquire, do hereby certify that I served the Defendant, Lyons Construction Service, Inc., with a Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid, to the following addresses: Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17055 A copy of said Notice is attached hereto. Respectfully submitted, By: Date: ~. 7!1 V>05 I Leonard ~ ntner, Esquire Supreme Court 1.0. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff Leonard Tintner, Esquire Supreme Court I.D. #06859 G. Edward Schweikert iV, Esquire Supreme Court I.D. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW TO: LYONS CONSTRUCTION SERVICES, INC. DATE: SEPTEMBER 29, 2005 IMPORTANT NOTICE YOU ARE IN DEF AUL TBECAUSE YOUHA VE FAfLED TO FILE AN ANSWER IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGATNST YOU WITHOUT A HEARTNG AND YOU MAY LOSE YOUR RIGHT TO SUE THE PLAINTIFF AND THEREBY LOSE PROPERTY OR OTHER TMPORTANT RIGHTS. You SHOULD TAKE THTS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING OFFTCE SET FORTH BELOW. THIS OFFTCE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFTCE MA Y BE ABLE TO PROVIDE YOU WITH TNFORMA TION 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 (717) 249-3166 AVISO IMPORTANTE TO: LYONS CONSTRUCTION SERVICES, INC. FECHA DEL AVISO; SEPTEMBER 29,2005 USTED ESTA EN REBELDIA porque ha fallado de tomar la accion requerida en este case. A mendo que usted tome accion dent ro de los proximos diez (10) dias de la fecha de este aviso, se puede dictar un fallo en contrac suya sin lIevarse a cabo una vista y usted puede perder su propiedad y otros derechos importantes. Usted debe lIevar este documento immediatamente a su abogado. Si usted no tiene un abogado 0 no puede pagar uno, vaya 0 lIame la oficina abajo indicada para que Ie informen donde puede consequir ayuda legal. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ,-- -<,,,. . n C~ .--> :?:? <.." (,1)- ,~\ '..'-:,...1 (.." o ..,.., o -n :.? fhf~:: rr~ ,"I '.__, l 1...::~\ S'~' :';~~l,~ ~-) ~ 11 ...., ~~j --< -- ~1 f'-.) 0"" SHERIFF'S RETURN - REGULAR CASE NO: 2005-04568 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNITED RESTAURANT EQUIPMENT IN VS LYONS CONSTRUCTION SERVICES MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LYONS CONSTRUCTION SERVICES INC the DEFENDANT , at 1505:00 HOURS, on the 8th day of September, 2005 at 5237 EAST TRINDLE ROAD MECHANICSBURG, PA 17055 by handing to MARCIA ESPENSHADE, ASSISTANT SCERETARY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 8.80 .37 10.00 .00 37.17 ~~~ R. Thomas Kline 09/09/2005 BOSWELL TINTNER PICCOLA ALFORD Sworn and Subscribed to before By: me this J-& day of A.D. Leonard Tintner, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWELL. TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER JUDGMENT in favor of Plaintiff and against the Defendant Lyons Construction Services, Inc., for failure to answer a properly endorsed complaint, in the amount of $5,423.00, plus post-judgment interest at the legal rate of 6%. I hereby certify that the 1 O-Day Notice was mailed to the Defendant on September 29,2005, and filed with the Court on September 30,2005. A copy of this Notice is attached hereto as Exhibit "A". BOSWELL, T1NTNER, PICCOLA & ALFORD By: squire DATE: October 17, 2005 Leonard Tintner, Esquire Supreme Court 1.0. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW TO: LYONS CONSTRUCTION SERVICES, INC. You are hereby notified that on October 17, 2005, judgment has been entered against you, for failure to answer a properly endorsed complaint, in the above-captioned case in the amount of $5,423.00, plus post-judgment interest at the legal rate of six (6%) percent, plus costs of suit. DATE: October 17, 2005 .'_"/ 6..~~' / XbLu Prot onotarY/f't I hereby certify that the following is the address of the Defendant stated in the Certificate of Residence: Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17055 TO: LYONS CONSTRUCTION SERVICES, INC., DEFENDANT Por este medio se Ie esta notificando que el October 17, 2005, el siguiente Fallo ha sido antodo en contra suya en el caso men cion ado en el epigrafe. FECHA: October 17, 2005 Pr~on~ano------------------- Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17055 Leonard Tintner, Esquire CO ~, Supreme Court I.D. #06859 ~-": (".::":". (J G. Edward Schweikert IV, Esquire e-,-=, -,-, -.., (") ::;:! Supreme Court I.D. #81976 ,-', ,;lr BOSWEll, TINTNER, PICCOLA & ALFORD - -'1'-' 315 North Front Street ( ,~ ..-. c' o i'_ Post Office Box 741 " Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) , j,\ (717) 236-9316 (Facsimile) 1"',) .- J:"- gschweikert@att.net (Email) -< ,,) ;:') Attorneys for Defendant (Y' -< UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., ;'.-:'"~. Defendant CIVILAEmON - LAW CERTIFICATE OF NOTIFICATION I, G. Edward Schweikert IV, Esquire, do hereby certify that I served the Defendant, Lyons Construction Service, Inc., with a Notice of Intent to Take Default Judgment, sending same by first-class mail, postage prepaid, to the following addresses: Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PAt7055 EXHIBIT I~ A copy of said Notice is attached hereto. Respectfully submitted, By: Leonard T ntner, Esquire Supreme Court 1.0. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 Attorneys for Plaintiff Date: ~. 75.1 z,t>U5 I - .. leo~~rd Tintnet;E~qtJl.~,,, "Supreme Couri'T.O.' #W .... G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant -J'itl/__ .,;.. UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA " Plaintiff v. No. 05-4568 . ...~ LYONS CONSTRUCTION SERVICES, INC.; " Defendant -. CIVIL ACTION. LAW '- TO: LYONS CONSTRUCTION SERVICES, INC. DATE: SEPTEMBER 29, 2005 IMPORTANT NOTICE YOU ARE INDEF AUL TBECAUSEYOU HA VEfAILEDTO FILEA:-i'ANSWER IN THIS CASE. UNLESS YOU ACT WITHIN TEN (I 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MA Y BE ENTERED AGAINST YOU WITHOUT A HEARI~G AN'!,. YOU MAY LOSE YOUR RIGHT TO SUE THE PLAINTIFF AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS NOTICE TO A LAWYER A T ONCE. IF YOU DO NOT HAVE A LA lyTER, GO TO OR TELEPHONE THE FOLLOWING OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOL WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS .~ T A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle,.PA 17013 (717) 249-3166 ., ..-,...~. AVISO IMPORTANTE TO: LYONS CONSTRUCTION SERVICES, INC. FECHA DEL AVISO: SEPTEMBER 29, 2005 USTED ESTAEN REBELDIA porque ha fallado de tomar la accion requerida en este case. A mendo que usted tome accion dent ro de los proximos diez (10) dias de fa fecha de este aviso, se puede dictar un fallo en contrac suya sin flevarse a cabo una vista y usted puede perder su propiedad y otros derechos importantes. Usted debe lIevar este documento immediatamente a su abogado. Si usted no tiene un abogado 0 no puede pagar uno, vaya 0 lIame la oficina abajo indicada para que Ie informen donde puede consequir ayuda legal. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Leonard Tintner, Esquire Supreme Court 1.0. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gsehweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: United Restaurant Equipment, Inc. 2980 Jefferson Street Harrisburg, PA 17105 Plaintiff Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17055 Defendant BOSWELL, TINTNER, PICCOLA & ALFORD squire .. ..:i-,~~ C) r-." Q, c~:.) , ,.~"-.-:;. ~ ~ e;f\ I.~::) _-1 -.:T'--t1 % . . \l'r-:--" _.'~ ...,..-, cr", - ' ' 'I:, -' "',e: " ~-~ -.-, ': ""'--- ('") t , " ,0 '--) ..\ ~ .t~- ""1'" ~ ~ <;.,J ::< I ~. ......... ",",. ~ ~ ~, ~ '\. ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION v D5'-'-I~g Amount Due $5,423.00 Interest At the leQal rate of 6% Atty's Comm Costs United Restaurant Equipment, Inc., Plaintiff File No. Lyons Construction Services, Inc. Defendant 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. PRAECIPE FOR EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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) Levv on all business eQuipment. includinQ computers. office eQuipment. inventory. cash. located at: 5237 East Trindle Road. MechanicsburQ. PA and all other property for the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhib' . DATE: October 17, 2005 Signature: Print Name:. G. Edward chweikert I Es Address: 315 N. Front Sl.. P.O. Box 741 Harrisbura, PA 17108-0741 Attorney for: Plaintiff Telephone: (717) 236-9377 Supreme Court 1.0. No.: 81976 >'J r-' 0 C~ ~ c.::' -n '- 9..J G-; ~ .-\ -- ~ ~ CO --r . .- /~-, ;'(1 ...... ~ ~ -:;-.J --. ~ ~ ~ ,1 ~ '--. \:) '0 ~ --J --J f ~ ~;~ If' -::,-" t- ~ f ( 't) \p , ~ r . , .....l . ~ , , ~ , ~ . ~ ~ "" \'<:. ~ ~. ~uJ ~ Q' ~. ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-4568 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNITED RESTAURANT EQUIPMENT, INC. Plaintiff (s) From LYONS CONSTRUCTION SERVICES, INC. (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL BUSINESS EQUIPMENT, INCLUDING COMPUTERS, OFFICE EQUIPMENT, INVENTORY, CASH LOCATED AT 5237 EAST TRlNDLE ROAD, MECHANICSBURG, PA (2) You are also directed to attach the properly of the defendant(s) not levied upon in the possession of GARNTSHEE(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 properly 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$5,423.00 Interest AT THE LEGAL RATE OF 6% L.L.$.50 Atty's Comm Atty Paid $119.17 Plaintiff Paid Date: OCTOBER 17, 2005 % Due Prothy $2.50 Other Costs /1~ (Seal) By: Deputy REQUESTING PARTY: Name G. EDWARD SCHWEIKERT IV, ESQ. Address: 315 N. FRONT ST., POBOX 741 HARRISBURG, PA 17108-0741 Attorney for: PLAINTIFF Telephone: 71 7-236-9377 Supreme Court TD No. 81976 Leonard Tintner, Esquire Supreme Court I.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Kindly add Sovereign Bank as Garnishee in the above-captioned matter. They are located at 17 West High Street, Carlisle, PA 17013. BOSWELL, TINTNER, PICCOLA & ALFORD By: G. Edward chweikert IV, Esquire 1 Date: I 0 { I c1} Dc;- r~,. j , C"",' ~ \:,\ " ~ .. C~.~.; -. ~ " .......... '\-- '-.1 '. .- > ~ ~ j""') ~ C,"t '0 ~ -- - ~ ~ WRIT OF EXECUTION and/or ATTACHMENT AMENDED COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNITED RESTAURANT EQUIPMENT, INC. Plaintiff (s) From LYONS CONSTRUCTION SERVICES, INC. N005-4568 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL BUSINESS EQUIPMENT, INCLUDING COMPUTERS, OFFICE EQUIPMENT, INVENTORY, CASH LOCATED AT 5237 EAST TRINDLE ROAD, MECHANICSBURG, PA (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Sovereign Bank located at 17 West High Street, Carlisle, PA 17013 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$5,423.00 Interest AT THE LEGAL RATE OF 6% Atty's Comm % Atty Paid $119.17 Plaintiff Paid Date: OCTOBER 17, 2005 L.L.$.50 Due Prothy $2.50 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name G. EDWARD SCHWEIKERT IV, ESQ. Address: 315 N. FRONT ST., POBOX 741 HARRISBURG, PA 17108-0741 Attorney for: PLAINTIFF Telephone: 717-236-9377 Supreme Court ID No. 81976 Leonard Tintner, Esquire Supreme Court 1.0. #06859 G. Edward Schweikert IV, Esquire Supreme Court 1.0. #81976 BOSWEll, TINTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW INTERROGATORIES TO GARNISHEE TO: SOVEREIGN BANK IMPORTANT NOTICE TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) against whom the Writ of Execution is issued. C. "You" means the main office and all branch offices of Sovereign Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to the attachment which was then in your possession, custody or control was attached, including all property of the Defendant(s) which comes in into your possession. INTERROGATORIES IN ATTACHMENT 1. At the time you were served with these Interrogatories or any subsequent time, did you owe the Defendant, Lyons Construction Services, Inc., any money, were you liable to it on any negotiable or other written instrument, or did it claim that you owed it any money or were liable to her for any reason? NO 2. At the time you were served with these Interrogatories or at any subsequent time, was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solely or in part by the Defendant? YES - SEE ATTACHED 3. At the time you were served with these Interrogatories or at any subsequent time, did you hold legal title to any property of any nature owed solely or in part by the Defendant or in which Defendant held or claimed any interest? NO 4. At the time you were served with these Interrogatories or at any subsequent time, did the Defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and, if so, what was the consideration therefore? NO 5. At the time you were served with these Interrogatories or at any subsequent time, did you pay, transfer or deliver any money or property to the Defendant, to any person or place pursuant to Defendant's direction or otherwise discharge any claim or the Defendant against you? NO 6. At the time you were served with these Interrogatories or at any subsequent time, did you have any safe deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax or other accounts or deposits in which Defendant has an interest? NO 7. At the time you were served with these Interrogatories or at any subsequent time, did you hold as fiduciary any property in which the Defendant has any interest? NO 8 At the time you were served with these Interrogatories or at any subsequent time, did you hold any Treasury Bill, repurchase Agreement or any other type of investment or commercial paper in which the Defendant has any interest? NO 9. At the time you were served with these Interrogatories or at any subsequent time, did you have property of the Defendant or property in which he has any interest on deposit or otherwise in your possession, custody or control other than that property indicated in your answers to the previous Interrogatories? YES - YES ATTACHED 10. Have you ever owed money to the Defendant or held any property belonging to Defendant? If so, state when you either satisfied the debt or disposed of the property and in what manner, for what consideration, and to whom? NO 11. At the time you were served with these Interrogatories, what are the account balances of the Defendant Lyons Construction Services, Inc. former Waypoint Account No. 231372387. SEE ATTACHED VERIFICATION, IT CONTAINS CURRENT SOVEREIGN BANK ACCOUNT NUMBER AND BALANCE BOSWEll, TINTNER, PICCOLA & ALFORD By: Date: tuff 4/ ()) - . Account No. Account Holder: 1681788926 Lyons Construction Services, Inc. 5237 East Trundle Road Mechanicsburg, P A 17050-3552 Balance: $6,629.77 VERIFICATION I, Camille Neuwinger, Process Specialist of Sovereign Bank, hereby verify that the information contained in the foregoing Answers to Interrogatories in Attachment are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4094, relating to unsworn falsification to authorities. Sovereign Bank By: ~ Camille Neuwinger OAG Specialist III The Court of Common Pleas Cumberland County, Pennsylvania INRE: United Restaurant Equipment, Inc. vs Lyons Construction Services, Inc. CERTIFICATE OF SERVICE I hereby certify that on or before the date of filing the following docwnents(s): Answers to Interrogatories in Attachment, Writ of Execution, Notice of Writ of Execution, Claim for Exemption Order and Claim for Exemption. I have served a copy thereof on each of the following persons in the manner indicated below: Service by first class mail addressed as follows: G. Edward Schweikert IV, Esquire Boswell, Tintner, Piccola & Alford 315 North Front Street POBox 741 Harrisburg, P A 17108-0741 Service by certified mail addressed as follows: Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, P A 17050-3552 t6\~ S. --'. F'l' 19nature 01 rerson 1 mg C. Neuwinger, OAG Specialist III Sovereign Bank MAl MB3-02-l0 2 Morrissey Boulevard Boston, MA 02125 November 4, 2005 () f; :2 "" C;:::, C:;J <::...'''1 ~ ~o C') "'" -.J '.,' -"p -""'" f'.l en co Leonard Tintner, Esquire Supreme Court LD. #06859 G. Edward Schweikert IV, Esquire Supreme Court LD. #81976 BOSWELL, TTNTNER, PICCOLA & ALFORD 315 North Front Street Post Office Box 741 Hanisburg, PA 17lO8-0741 (7 t7) 236-9377 (Phone) (7t7) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT,INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW SOVEREIGN BANK, Garnishee PRAECIPE TO THE PROTHONOTARY: PLEASE ENTER JUDGMENT in favor of Plaintiff and against the Garnishee Sovereign Bank, in accordance with the answers contained in the Garnishment Interrogatories filed with the Court, in the amount of $5,717.76. BOSWELL, TINTNER, PICCOLA & ALFORD By: " DATE: November 17, 2005 UNITED RESTAURANT EQUlPMENT,INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW SOVEREIGN BANK, Garnishee TO: SOVEREIGN BANK, GARNISHEE You are hereby notified that on November 17, 2005, judgment has been entered against you, in accordance with the answers contained in the Garnishment Interrogatories filed with the Court, in the amount of $5,717.76. DATE: November 17, 2005 Prothonotary I hereby certify that the following is the address of the Garnishee stated in the Certificate of Residence: Sovereign Bank Court Ordered Processing MAl MB3-02-1O PO Box. 841005 Boston, MA 02284 TO: SOVEREIGN BANK, GARNISHEE Por este medio se Ie esta notificando que el November 17, 2005, el siguiente Pallo ha sido antodo en contra suya en el caso mencionado en el epigrafe. PECHA: November 17,2005 Protonotario Certifico que la siguiente direccion es la del defendido/a segun indicada en el certificado de residencia: Sovereign Bank Court Ordered Processing MAl MB3-02-1O PO Box 841005 Boston, MA 02284 . UNITED RESTAURANT EQUlPMENT,INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION. LAW SOVEREIGN BANK, Garnishee CERTIFICA TE OF RESIDENCE I hereby certify that the addresses of the parties in the above-captioned action are as follows: United Restaurant Equipment, Inc. 2980 Jefferson Street Ranisburg, PA 17105 Plaintiff Sovereign Bank Court Ordered Processing MAl MB3-02-1O PO Box 841005 Boston, MA 02284 Garnishee BOSW"~NER, P~LA & A""OED By: -.JL Llb-J/r Denise L. Foster, Paralegal ? ',?; C,-:) <.'....'--\ <~) \.) ~ ) \ "'.c"-... -... , U '\-> . ~<) 0--' , "'\" ~....) IV ~~ '\ ~.,,~ (:). ...'- ^') ~l -..... i\\~; : c':::,! -' -; ?-:T' ,t ..J ....;:/ C:) (..; c "--' ---Ss> ~ .....I 8.\ Leonard Tintner, Esquire Supreme Court l.D. #06859 G. Edward Schweikert IV, Esquire Supreme Court LD. #8 t 976 BOSWELL, TINTNER, PTCCOLA & ALFORD 315 North Front Street Post Office Box 741 Harrisburg. PA 17108-0741 (717) 236-9377 (Phone) (717) 236-9316 (Facsimile) gschweikert@att.net (Email) Attorneys for Defendant UNITED RESTAURANT EQUIPMENT, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff v. No. 05-4568 LYONS CONSTRUCTION SERVICES, INC., Defendant CIVIL ACTION - LAW SOVEREIGN BANK, Garnishee PRAECIPE TO SATISFY TO THE PROTHONOTARY: Kindly mark the above-matter as satisfied and paid in full as against the Defendant, Lyons Construction Services, Inc., and Sovereign Bank, as Garnishee. BOSWELL, TINTNER, PICCOLA & ALFORD By: DATE: November 28,2005 ,~' .' \-- ."..:~ ~.D -, <-: - ""- R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Garnishee Bad Check Charge Postage TOTAL $ 18.00 108.46 .50 2.50 10.56 20.00 \:> V- , \ -<:; [,- ~ "Q 160.02 Pd by Defendant So Answers; Gi~line~~~l ~1&a~e~~re~6C(L( Sworn and Subscribed to before me this L day of jJ~~ 2005 AD. C~ ! PROTHO ARY "01 'il\ \', l\" \ r S\~\\ J\ '-\1 :J \.j i " "; ~ l- ~ l _.,-_'':!.:.l ' J,LT" \.JZ- ').J. 1)0 j~ /'7/'7'1;J..-- WRIT OF EXECUTION and/or ATTACHMENT 1\MENDID COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNITED RESTAURANT EQUIPMENT, INC. N005-4568 Civil CIVIL ACTTON - LAW Plaintiff (s) From LYONS CONSTRUCTION SERVICES, INC. (I) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON ALL BUSINESS EQUIPMENT, INCLUDING COMPUTERS, OFFICE EQUIPMENT, INVENTORY, CASH LOCATED AT 5237 EAST TRlNDLE ROAD, MECHANICSBURG, PA (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of Sovereign Bank located at 17 West High Street, Carlisle, PA 17013 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) Tfproperty 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$5,423.00 Interest AT THE LEGAL RATE OF 6% L.L.$.50 Atty's Comm AttyPaid$119.17 Plaintiff Paid Date: OCTOBER 17, 2005 % Due Prothy $2.50 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name G. EDWARD SCHWEIKERT IV, ESQ. Address: 315 N. FRONT ST., POBOX 741 HARRISBURG, P A 17108-0741 Attorney for: PLAINTIFF Telephone: 717-236-9377 Supreme Court TD No. 81976 " . . PLAINTIFF G.E. Schweikert WRIT NO. 2005-4568 Civil United Restaurant Equipment, Inc. -vs- Lyons Construction Services, Inc.. Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees DISTRIBUTION $ 5423.00 325.38 119.17 $ 5867.55 Sheriffs Cost8: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Postage Advertising Postpone Sale Bad Check Charge Surcharge Garnishee Levy TOTAL Defendant Paid to Sheriff Advance Costs Total Collected DISTRIBUTION Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 18.00 108.46 .50 2.50 10.56 20.00 $ 5867.55 150.00 3.00 $ $ 160.02 6027.57 150.00 6177.57 $ ?ffZ ,~C~ R. Thomas Kline, Sheriff Bye 1 (l J ,J, ~.Pi\ Q IJ.J~JLtI