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Home My WebLink About05-5258 .. - WEAVER'S GLASS & BUILDING SPECIALTIES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-EQUITY ;NO, a$"- S.;2..sP CL'u~l ~~ LTCI, LTD.; and CINEMA SUPPLY, INC" Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff, You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 t. WEAVER'S GLASS & BUILDING SPECIALTIES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-EQUITY NO. DS - S:25P (!{~lT ~ L TCI, LTD.; and CINEMA SUPPLY, INC., Defendants COMPLAINT AND NOW comes Weaver's Glass & Building Specialties, Inc., by and through its attorneys, Thomas A. Beckley, Esquire, John G. Milakovic, Esquire, and Beckley & Madden, of counsel, and files this Complaint, averring as follows: 1. Plaintiff is Weaver's Glass & Building Specialties, Inc, ("Weaver's"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 60 South 41st Street, Harrisburg, Pennsylvania. 2. Defendants are: A. L TCI, Ltd. ("L TCI"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 555 Street Road, Bensalem, Pennsylvania; and B. Cinema Supply, Inc. ("Cinema"), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices located at 502 South Market Street, Millersburg, Pennsylvania, At all relevant times, Cinema was doing business under the name of "Cinema Centers." 3. This case involves a construction project located in Hampden Township, Cumberland County, Pennsylvania. Specifically, it involves the construction of a "Cinema Center of Camp .. Hill," a multi-screen movie theater, located at 3431 Simpson Ferry Road, Hampden Township, Pennsylvania, 4. Upon information and belief, the owner in fee of the real estate on which the project occurred is the Sanndrel of Pennsylvania Trust ("Sanndrel"), a business trust existing under the laws of the Commonwealth of Pennsylvania, It is believed that Sanndrel has leased the site of the Cinema Center of Camp Hill project to Cinema and, in turn, that Cinema, on a date unknown, contracted with LTCl to construct the Cinema Center. Weaver's does not have custody or control of the lease between Sanndrel and Cinema, or of the contract between Cinema and L TCl. 5. On March 7, 2005, Weaver's submitted a written quotation to provide labor and materials for a portion of the construction required on the Camp Hill Cinema Center project. Option 2 on the quotation, in the amount of $68,560.00, was accepted, by L TCl's countersignature thereon (through Wayne Geiser), on March 9,2005, and a true and correct copy of the parties' agreement is hereto attached marked as Exhibit "A" and incorporated herein. 6. L TCl, through Wayne Geiser, agreed in writing during the course of the project, to pay Weaver's an additional $3,598.00, in return for which Weaver's agreed to perform additional work outside of its original scope, all as evidenced by two written quotes countersigned by L TCl, true and correct copies of which are hereto attached marked collectively as Exhibit "B." 7, Weaver's completed all work required of it under its original contract and the two written quotes for additional work, on August 2, 2005. As of that date, Weaver's had satisfied all conditions precedent and had otherwise performed all obligations on its part to be performed, Additionally, at no time did Weaver's receive any notice of a "deficiency item," as that term is defined in the Contractor and Subcontractor Payment Act, 73 Pa.Stat.Ann. ~50 1 et seq., and it is believed and therefore averred that both L TCI and Cinema accepted all of Weaver's work, 2 ... I. COUNT ONE-BREACH OF CONTRACT VERSUS L TCI 8. The averments of Paragraphs 1, 2A, and 3 through 7 of this Complaint are hereby adopted by reference and incorporated herein. 9. To date, although Weaver's has billed the full, adjusted contract sum of $72,158,00, and has made numerous demands for that entire sum, LTCl has paid only $9,125,82, leaving a principal balance due and owing of$63,032.18. 10, Despite Weaver's numerous demands, LTCl has failed to pay the balance, 11. The amount demanded exceeds the maximum for submission to compulsory arbitration. WHEREFORE, Weaver's demands judgment in its favor and against L TCl, in the principal amount of $63,032,18, plus prejudgment interest, costs and attorneys' fees pursuant to the Contractor and Subcontractor Payment Act, 73 Pa.Stat.Ann. S501 et seq., and/or such interest and costs as may be otherwise recoverable according to law, and/or such other and further relief as may be deemed appropriate. II. COUNT TWO-IMPOSITION OF CONSTRUCTIVE TRUST VERSUS CINEMA 12. The averments of Paragraphs 1, 2B, and 3 through 11 of this Complaint are hereby adopted by reference and incorporated herein. 13. On October 3, 2005, Weaver's received a written communication from L TCl, indicating that Cinema was withholding money from L TCl on the project, as a result of which L TCl had determined to withhold money from all of its subcontractors on the project, including Weaver's. The written communication did not give any reason whatsoever for the withholding 3 L of the money by Cinema, A true and correct copy of the aforesaid communication is hereto attached marked as Exhibit "C." 14, Cinema has received the benefit of the labor and materials provided by Weaver's, among others, and, if the facts are as stated by L TCI in the memorandum, Cinema has without any reason failed to pay. Further, Cinema is currently enjoying the benefits of the labor and materials, as it is now operating the theater, showing movies, and generating income. 15. Absent the imposition of a constructive trust on the money being withheld by Cinema, unjust emichment of Cinema will result at the expense of Weaver's, among other subcontractors. WHEREFORE, Weaver's respectfully prays that the Court issue a decree as follows: A, That Cinema be held as trustee for Weaver's of the amount of $63,032.18, plus such interest and costs as the Court may deem proper, out of the money currently being withheld by Cinema; B. That Cinema be ordered to pay over to Weaver's the amount of $63,032.18, together with such interest and costs as may be deemed proper by the Court, including without limitation any interest, attorneys' fees and/or costs which may be recoverable under the Contractor and Subcontractor Payment Act, 73 Pa,Stat.Ann. 9501 et seq.; and 4 .. C. That the Court order such other and further relief as may be appropriate. Dated: 10/ :riDS Respectfully submitted, Of Counsel Beckley & Madden 212 North Third Street P.O, Box 11998 Harrisburg,PA 17108 (717) 233-7691 ('1,/ )t{trnUlJ (),4~J,~1 Thomas A. Beckley U ~ Attorneys for Plaintiff 5 .... . CllOCT, 4, 20051~ 4:20PM=: 1 Wed, V e r Ci I d. S S 7 1 7564673 3,< Mo.de:J~FJ -NO, 9595-P, 1/1 P.~i1. v r'~RI FIC :^'l'I()N 1, Carol Wcuwr, ha0by \/~ril) !Ili,ll I Hill ;Ill ivlull il\dividLL~i1: LhLllI am authorized (0 make this verillc~ltion 011 bchalJ or WC~IVl::r'S (;hl:-;.': 8: B\li1di}i~ S))l::cialtks. Inc.: and that the facl~ !let forth in the f'otcgoing d()(;llm~nl ,1n; Irue lO lilt.: hl;sl or I11Y kuowledge, lnl..,rmalion. ~md bclier. I understand that rcd:'l~ Sl..L{l,)ln~nls h~rl'in :11"1,; llladL: sulljc:d 1.0 lh(.\ p-':11altic:-: of 18 Pa,C.S. ~4904. relaling to un~worn 1ll1,) i l'ic,![ ion [0 UIIlll\ )ri I iL:~. Dated: Oc:f...,. 4~aC05 C~[i2Q~.. Lmu I \.\1 (;.Ollv~r <.. 13:43 FAX 215 245 ,r" 07 05 05: 30p 35,& .vers .J LTC I , Ltd. Glass2 1 Ie 1 1 - 1 1 1 1 ) 141002/003 p. 1 .VERJS . ~@@& BUILDING SPECIALTIES. INC. QUOTE PHONE 717-233-0888 FAX 717-564-<1733 60 South 41" Street. P.O. Box 4067 Harrisburg. PA 17111-0067 March 7. 2005 email: weaversglass@poonlioe.com websile: w9oversgloss.com LTCI LTD. 555 Street Road Bensalem, P A 19020 Attn: Wayne Re: Cinema Center Camp Hill, P A Furnish and Install: -Aluminum wide stile and flush series aluminum entrances and frames, factory prepped to receive specified hardware. -Hardware'as specified for above entrances. Cylinders are by others. -Aluminum fixed storefront frames. -Glass and glazing of: -interior entrances and storefront frames with '/.." clear glass, tempered as required by code -exterior entrances and storefront frames with 1" clear insulated glass, tempered as required by code -miscellaneous door lites -Caulking of materials installed by Weaver's Glass. All for the sum of----------------------------------------------------------------!--$99,560,00 (Ninety-nine thousand., five hundred and sixty dollars) \'" . ) Notes: No protection No demolition No jamb prep or wood blocking No cleaning of aluminum or glass No projection portal glass No aluminum panels Aluminum to have a clear anodized fmish Glass at Ticket Booth will be two pieces NO/iS t' d# Op71DYJ 2- if 11i- I.-l-iI" A {! (} c.J P T/:f'P -Po rC... e ItJr i/t,e;c5~~ - 3/1 uvV. vtJ ..-:------- ~.- Estimator: Todd M. Kreiser Offer Accepted For L. /, C,:Z:, ~ Authorized Signature tA )<-~ _ . Date _ .~ ~ q.'~O~ Authorized Signature tor We.ver Glass 1I1iS QuOle .is subjecI 10 lt1e ronowing: o=er:>Ionce ""II"'" twenty dCJy:l. ImBS or focal rees Wflere oppllcabfo, avollobiity of moletIeXs. QOvemmem regvloHons ana price Iflcreoses or decle<J$eS by suppNer. . 13:44 FAX 215 245 35. .Jvers LTCI. Ltd. - 11 ;;;jl1 - 1111 @003/003 ",r 09 05 12:2510 Glass2 p. 1 lEAVER'S [1&@@& BUILDING SPECIALTIES, INC. QUOTE PHONE 717-233-8888 FAX 7\7-564-b733 60 South A 1 Sf Street. P.O. Box 4067 Harrisburg. PA 17111.0067 emell: weoversglass@pOooline.com website: weavelsgloss.com March 9, 2005 LTCI Lill. 555 Street Road Bensalem, P A 19020 Attn: Wayne Geiser Re: Cinema Center Camp Hill, P A Value Engineering We offer the following Value Engineering to our original bid: Option # I : -To substitute standard surface mounted overhead closers in lieu of specified concealed overhead closers. OED U CT the sum 0 f~--------------------_----__n--_--_------------- ------------------$6,430.00 (Six thousand, four hundred and thirty dollars) C//]j] Option #2: -To substitute al . urn manufacturers standard hardware in lieu of specified. Hardware would inclu tandard continuous hinges, exit devices (where called for), pull handl~~. S' osers and thresholds. -...... ..../'_. r~~~:.:t;"m::::;~I;;:;----------------------------------(----$l1,000_00 Notes: We are ready to proceed with shop drawings and submittals. ~ ~7ton C- Todd M. Kreiser -.!56Z..dC ;--~ ~ Estimator: ~~;"--.o..'- Offer Accepted FOT Authorized Signature L;;;;'~ (A/ ~ S~-uS- Authorized Signatur~ for Weaver Glass Dote 'his ~~Ia.a sub/ecr 10 tile loOowing: aCCeptance wilNn TWenty doys. toxes or IDeal fees whero QI)pfCobIe.. ovoi/OOi!lly o( mareliol!l,. QO\'IItnrJ7et11 (egJ.JlOrlOnS and PlICa ocr8O$Cs or deCreOSCs by suppf1er. Jun 03 05 11:55a weers Glass2 llltt1-1111 p. 1 ~VER'S [S&@@& BUILDING SPECIALTIES, INC. QUOTE PHONE 717-233-6888 FAX 717-564-6733 60 South 41.1 Slreet . P.O. Box 4067 Horri5burg. PA 17111-0067 email: weoversglass@paonline.com web~ile: weoversglus5.com June 3, 2005 LTC!, LTD. 555 Street Road Bensalem, P A 19020 Attn: Re: Wayne Geiser Cinema Center Camp Hill, P A ADD to contract: -To furnish and install W' clear float mirrors at Rooms #116, 117, 128, 129, 130 and 205. Mirrors will have '1' trim at the bottom only, Mirrors will be split as required due to manufacturing limitations. ADD the sum of----------------------------------------------------------$2,057.00 (Two thousand, fifty-seven dollars) Notes: No protection No cleaning of mirrors Estimator: Todd M. Kreiser L i:;r 7/U ~'P<5C';- ,ov1 {s 6- ;~-o~- ,>>1 vi 5;- :23 e . 0"CY)'1? c. 0 T~:.? --1f!,&'i:S ~ .- ..- ----..------------ - ~ Offer Acce~ For Authorize Signature LT C.~.~. [1''6-- (J.Jr{JvC ~~<J . ,.( ..- Dote /.7 - t.,,-- C>.~ 7his quote is IJjecr 10 /he following: acceplance INi/tJin /wenly dol'S. la"es or Iocol es INhere applicable. availability 0/ mofBn'ols. government regulo/iOns and price lnc, es or decreases bV suppNar. -...---..-.------ _::---~......... TOO/TOO 1m 'PJ'T 'T;),T.'1 n7.~r. ~~7. ~17. XVd ~O:Ol SOOZ/90/90 . U6/2U/2UU5 12:U9 FAX 215 245 3.5~ Jun 16 05 09:35a 1IIfers LTC!, Ltd. Glass2 11.1-1111 @001/001 p. 1 ~VER'S [1&@@& BUD.DlNG SPECIALTIES, INC. QUOTE PHONE 717-233-6886 FAX 717-564-6733 60 South 41" Slreet . P.O. Box 4067 Harrisburg. PA 17111-0067 email: weoversgloss@poonhne.com website: weaversgloss.com June 16, 2005 LTCI, LTD 555 Street Road Bensalem, P A 19020 AUn: Re: Wayne Geiser Cinema Center Camp Hill, P A ADD to contract: -To furnish additional stocklengths ofverticaljllmbs required due to the addition of the boxed columns. -To furnish and install aluminum break metal to cover the exterior of the boxed columns. ADD the sum of------------------------------------------------------------$1, 541. 00 (One thousand, five hundred and forty-one dollars) Estimator: Todd M. Kreiser L.s.. 7; ~;1:". L TJj. tAJtP~ (p- zo OS- Authorized Signature lor Weaver Glass OHer Accepted For Aufhorized Signature Dole This quaIs is subject 10 llle folloWing: acc8plonce within twenty days, tOKSS or locol fees where oppkabte. ova.oolYfy of materials, government reguta/ions ond pTiCp. Increases Of (jecreases by SUpplier. e e TO ALL SUB-CONTRACTORSNENDORS ON THE CINEMA SUPPLY CO., INC. (DBA CINEMA CENTERS) CINEMA CENTER OF CAMP HILL PROJECT On September 29, 2005, we received our first check from Cinema Supply Company for a payment "on account" for our outstanding June and July invoices. This payment was for our contract at the Camp Hill project, which has remained unpaid till this time. Their payment of $ 100,000.00 represented 7.227% of the outstanding sum left payable on this contract. It is our intention to pay a direct percentage of the gross monies owed us (i.e. $1,383,708.00) as it is paid to us. Although L TCl L TD' s liability far exceeds that of any of its sub-contractors, we are forwarding you a payment based on the same percentage. As additional payments are received, we will send the same percentage received, by us, to you, as well. This is the only current information available at this time, If you feel that it is necessary to protect your interests in this project any further, we will be perfectly understanding of your position. Thank you. (Before your checks were mailed Friday morning, another check from the Cinema Center was received, The percentage of that check against the original amount owed is 5.42%. A second check to each of you will be enclosed, representing that amount with this letter.) ~ D ~ ~ ~ -.. ~ ~ \"" .4) - ..l::. ~ l/} {: - ~ ~ ~ C) t--' <;:: ( ":~") 0 c-':> '::,rr" on -..,..., ; d :-:;:l , , C') ......-{ I 0" -n (.,) .~; --- , .~~~J .r- :b -:::.. '-0 .< ~ SHERIFF'S RETURN - OUT OF COUNTY , CASE NO: 2005-05258 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEAVER'S GLASS & BUILDING VS LTCI LTD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: CINEMA SUPPLY INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE 3lst , 2005 , this office was in receipt of the On October attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep Dauphin County 6.00 9.00 10.00 49.25 .00 74.25 10/31/2005 BECKLEY & MADDEN So answe!">s.'~ . ~;/~ C . / ",~ ~ - - c_/<.::'~_ R.' Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 1/6: day of )l"'~MAL. / Jm'~f1~_ ~ p~ry SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05258 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEAVER'S GLASS & BUILDING VS LTCI LTD ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LTCI LTD but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of BUCKS County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 3lst , 2005 , this office was in receipt of the attached return from BUCKS Sheriff's Costs: Docketing Out of County Surcharge Dep Bucks County Postage 18.00 9.00 10.00 48.00 1.11 86.11 10/31/2005 BECKLEY & MADDEN So answers.: -7 <'~> ;i ~/ -k' ....,.....c;'<. r- R.' Thomas Klln( Sheriff of Cumberland County Sworn and subscribed to before me this "I ~" day of 'I; .,'~ ;;005 A~D' (Jl' , ( Pro ota y , . In The Court of Common Pleas of Cumberland County, Pennsylvania Weaver's Glass & Building Specialities Inc VS. LTCI Ltd et al SERVE: LCTI Ltd No, 05-5258 civil Now, October 12, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Bucks County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~ ~#' ~r -'?~~W~~fY~~R Sheriff of Cumberland County, PA Affidavit of Service ,20_, at 0' clock M. served the Now, within upon at by handing to a copy ofthe original and made known to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE MILEAGE AFFIDAVIT $ $ D4TE: ~~/l?/2~;C TI~~: ~..,;7: '17 ~nC"Lrt~ urrL~t - t~.A~U ~. UU"A~LL'. ~nc~~rr I~.I~ISI~!TIC~ qlILCING D:~~~S~OW~, p~ lQ~Ol ... ~ , '" "" ..- ;a, BUCKS ~IS~ CO(KcT # 2005 32059 LCCA~rc~: ell (I' CGUNTY CLASS: ASSUMPSIT $$*0* SHERIff'S RETURN OF SERVICE t***$ SMEnFF'S OFFICE CUMEERL~N( CCUNTY 1 C(URI~OLSE SQU.RE C~Rl!SLE PA 11013 ATT~:JQ~N G ~ILAKOVIC,ESQ PLAINTIFF WEAVER'S GLASS DEFF.ND~NT ~ BUIOLING SPE "S. llCl 55<'; STREET ROAD eENSHEM, FA LTD 19020 10062005 COMPLAINT - CIVIL ACTION RECEI"ED FROM CUM8ERL~NO CQ SHERIFFS [EPT 10172005 RECEIVED IN SHERIFF'S OFFICE FCR SERVICE. TRANSACTION 105-1-11858 AMOUNT PAlO $48.00 . 10182105 SHERIFF'S RETURN, UNDER CAlM, FILED. DEPUTY GIllI AT 1450PM SERVED DEFE~OANTCS) PURSUA~T TO PA.R.C.P. #402(A}C2)(III) SERVED OEFT LTCL LTD BY HA~DINf TO JCA~N KOHNE_CPIC). 10192005 INVOICE ~AIlED TO CUMRE~LA~D CC SHERIFFS OEPT ~TTN:JOHN G ~ILAKOVI(. ES~ lRANSACTION .J5-1-11SS8 HID OF CAS:: RAG RAG RAG . RAG I?AG ~ , Bucks County Case # 200532059 Invoice to be mailed to CUMBERLAND County Sheriff's Office Attn: JOHN G MIL.AKOVIC Sreciallllstructions Notes OFFICIAL RECEIPT RECE IPT # 2005 1 11858 TRANSACTION # SM 2005 32059 FOR CUI'!BERLAHD CO S 10/17/2005 10:30 PC #0051570 48.00 TOTAL PAID 48.00 TOTAL COST 48.00 CHANGE 0,00 THAHK YOU AMM \ BUCKS COUNT~ OC SHERIFF'S RETURN of I Filed 10/6 /2005 Bucks Case # 200532059 in CUMBERLAND COUNTY Rec'd 1011 7/2005 Special Instructions Action Civil Action COMPL.AINT Plaintiff WEAVER'S GL.ASS & BUIL.DING SPECIAL. TIES. -vs- INC Defendant L. TCI L. TD 555 STREET ROAD BENSAL.EM. PA 19020 Address Served if Different G" Pa. R.CP. #402 (A) (i) Defendant personally served (Al (2) (i) Family Member (A) (2) (i) Adult in Charge of Residence _ (A) (2) (ii) Manager/Clerk at Det\'s Lodging +- (A) (2) (iii) Pcrso n Charge of Business By Handling to C)J/v/lJ //tJ/U,P By Posting Not Served 30 Days Ran Out Defendant Moved Defendant Unknown Checked Post Oftkc Forwarding Address Defendant Not Home Address Vaeant Deputy needs netter address No Forwarding ~ ~ ~.IJ ....... By Deputy Witness At crif of Bucks Co t Attinned and 1f)seribcd bel,,,c Ille on this d~y LiL~{)~_ rx..;:::;::;, A ~bU, ~ I' <'l"n. -+..... ~ Prothontary / Atlinned .md subscribed before me on this day __ I Notary Public My Com. Exp. __. I tj - ('"'7 (co_/ ( (Cf 1 10/17/05 1146 lOOt Ie . In The Court of Common Pleas of Cumberland County, Pennsylvania Weaver's Glass & Building Specialities Inc VS. LTCI Ltd et al SERVE: Cinana Supply Inc No. 05-5258 civil Now, October 12, 2005 , I, SHERlFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~,.,./ /~' ~r "...~?~.t:r'f'd_~,.{??'~~R Sheriff of Cumberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to copy of the original a and made known to the contents thereof. So answers, Sheriff of County, P A Sworn and subscribed before me this day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ I ... $ @ffb::~ of tlp~ ~4~riff William T. Tully Solicitor Charles E. Sheaffer Chief Deputy Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania WEAVERS GLASS & BUILDING SPECIALITIES vs County of Dauphin CINEMA SUPPLY INC Sheriff's Return NO. 1777-T - -2005 OTHER COUNTY NO. 05-5258 AND NOW:October 18, 2005 at 10:03AM served the within COMPLAINT upon CINEMA SUPPLY INC by personally handing to TRUDY WITHERS, VP, THEATER OPS 1 true attested copy(ies) of the original COMPLAINT and making known to him/her the contents thereof at 502 SOUTH MARKET ST MILLERSBURG, PA 17061-0000 Sworn and subscribed to So Answers, Jf~ before me this 18TH day of OCTOBER, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. 1,2006 ::ed~'Y' p, Deputy Sheriff Sheriff's Costs: $49.25 PD 10/14/2005 RCPT NO 211349 ~~ GM ... WEAVER'S GLASS & BUILDING SPECIALTIES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVAN1A : CIVIL ACTION-EQUITY v. : NO. 05-5258 Civil Term LTCI, LTD.; and CINEMA SUPPLY, INC., Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, discontinued and ended, with prejudice. Dated: ( /1...7/ f) ""' Respectfully submitted, Of Counsel ;-;. VM<J a.J1tft~ homas A. Beckley If Beckley & Madden 212 North Third Street P.O. Box 11998 Harrisburg, P A 171 08 (717) 233-7691 Attorneys for Plaintiff . . CERTIFICATE OF SERVICE It is hereby certified that a copy of the foregoing document was this day served upon the following persons in the manner below indicated. FIRST CLASS MAIL Kimberly M. Colonna, Esquire McNees, Wallace & Nurick, LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Cinema Supply, Inc. L TC1, Ltd. 555 Street Road Bensalem, P A 19020 Dated: ( /2-7/c'~ - -., -c~' i,~. ~2 1-_') c'=> c;:~ d~ '- 2~ .... c..} o -::::~ -- c,{, ::;3...,., rnf"-:::: -01" cDS' ,)C) --1.::;;_ ,c-'"1'! \';.;c'") .-.-,crl1 "..::->\ ~ -- t.:? N (,..n