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Home My WebLink About06-0662John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell(a)pkh.com MASON-NORTON COMPANY, INC Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OL- (v?oZ elul--T, PACE CONSTRUCTION MANAGERS, INC., Defendants 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the defendant, or by an attorney. You are warned that if you fail to take action against these claims, the court may proceed without you and a judgement for any money claimed in the complaint or for any other claim required by the plaintiff may be entered against you by the court without further notice. You may lose money, 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 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas damandas expuastas an las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o an persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que as pedido an la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENNE ABOGAD O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRIDA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL: Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA. 17013 -- (717) 249-3166 (800) 990-9108 John W. Purcell, Jr. I.D. 29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 0purcell(-c)pkh.com MASON-NORTON COMPANY, INC., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,, PENNSYLVANIA vs. NO. OL - 2 / PACE CONSTRUCTION MANAGERS, : CIVIL ACTION-LAW INC., Defendants COMPLAINT 1. The Plaintiff is Mason-Norton Company, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania with an address of 310 South Tenth Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant Pace Construction Managers, Inc. (hereinafter Pace) is an entity duly organized and existing under the laws of the Commonwealth of Pennsylvania with an address of 1512 North Main Avenue, Scranton, Lackawanna County, Pennsylvania 18508. 3. On or about May 22, 2002, Plaintiff and Defendant Pace entered into Agreement for the purchase, installation and delivery of certain items, more fully set forth and described on the quotations and change orders prepared by the Plaintiff, which are attached hereto as Exhibits "A", "B" and "C". 4. Pursuant to the terms of Exhibits "A", "B"and "C", the Contract between the parties was formed in Cumberland County, Pennsylvania. 5. The items were shipped and delivered with the gym equipment being installed by the Plaintiff to the Defendant Pace, and final payment was due and owing thirty days thereafter pursuant to the terms and conditions of the parties' Contract. 6. The Plaintiff billed the Defendant Pace for the full amount of the items, after delivery and installation, as stated on the invoices, copies of which are attached as Exhibits "D". "E" and "F" 7. Plaintiff made partial payment in the amount of $9,684.00, and was issued $100.00 credit, leaving a balance of $10,523.80. 8. Pursuant to the terms of the Contract, interest accrues at the rate of 12 percent per annum, thirty days after each invoice. In addition, Plaintiff is entitled to reasonable attorney's fees under the terms of the Contract. 9. Despite demand, the Plaintiff Pace has failed and refused to pay aforementioned unpaid balance, plus interest as aforesaid. WHEREFORE, the Plaintiff requests this Honorable Court to enter judgment in favor of the Plaintiff and against the Defendant Pace in the amount of $10,523.80, plus continuing interest at the rate of 12 percent per annum, plus reasonable and necessary attorney's fees and costs of this proceeding. Respectfully submitted, PURCELL, KRUG & HALLER BY Purcell, Jr. 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for the Plaintiff 3 .TERIAL ``??tapers i [oner?'o OTATION i p 1952 MEMBER EP?o A90 G E? BUILDING 8 Gr : MASON - NORTON CONSTRUCTION GEORGE O.PREBLE PRESIDENT 2002 MATERIAL ION c 0 PIT , MPANY, INC. O OFFICE: 310 S. TENTH ST WAREHOUSE: 312 S. TENTH ST. LEMOYNE, PA 17043 SPECIALTY CONSTRUCTION PRODUCTS, FORTHE COMMERCIAL CONSTRUCTION INDUSTRY PHONE: 717-737-4558 Our E-mail address is as follows: FAX: 717-761-8287 sales@m=on-norton.com -0: PACE/CM, Inc. DATE: April 4, 2002 Ward L. Myers Elem. c/o Sam Sylvester Rev.: May 13, 2002 PROJECT: School Rev.: May 28, 2002 LOCATION: Muncy, PA CONFIRMATION OUR QUOTE: 0404-02 SHEET I OF 3 ADDENDAS: #1,12,#3 . c are pleased to quote you for furnishing only the following materials, in types, quantities, sizes and accessories as stated. All items not specif- lly listed are expressly excluded. MASON-NORTON COMPANY, INC. "Installation Quotation" will be attached where applicable. NY KIND OF TAXES ARE NOT INCLUDED "PACKAGE PROPOSAL" 17 FLAGPOLE: By American (SECT. 10350) 2 - 35'0" exposed height cone tapered aluminum flagpole, ground set, in a clear anodized finish 3or the sum of $1,970.00 2 PA SALES TAX $ 118.20 TOTAL FOR ITEM 17 $2,088.20 40T INCLUDED: Any light fixtures and wiring. iOTE: Confirming P.O. #PO-0205-02. 19 CUBICLE TRACK: By A. R. Nelson 18 - lin. ft. of cubicle track with carriers and "Maharam" curtains For the sum of $1,000.00 ox PA SALES TAX $ 60.00 rOTAL FOR ITEM 19 $1,060.00 VOTE: Confirming P.O. #PO-0205-03. ? Er I CElL?D MNCO., INC. MAR - 8 2004 Date ......................................................................................... 20.......... MASON-NORTON COMPANY, INC ............................................................................................... By...................... ... ..... ``?°Ji? entative FORM: MQB-302 SEE TERMS AND CONDITIONS O REVE E SLIDE -x,?_ _ -- --- - - ?- - MASON-NORTON COMPANY, INC. MERCHANDISE BROKER STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE FOR SPECIALTY BUILDING PRODUCTS 1. This quotation is subject to change or withdrawal at any time as MASON-NORTON COMPANY, INC. is doing a brokerage business, for specialty products used in Construction. All quotations are based on delivery of materials within a reasonable time, subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer. Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. Our quotation includes only those items as listed. Items not specifically listed are not included. 2. This quotation does not include taxes of any kind; such as Federal, State, Local, Business or Privilege Taxes are not included. Use taxes are not inducted. This quotation is subject to any future taxes or tax increase which may be imposed. Collection of Taxes is for the convenience of the purchaser and will be remitted to the Taxing Authority on his behalf. MASON-NORTON COMPANY, INC. assumes no responsibility for taxes unpaid by buyer. 3. MASON-NORTON COMPANY, INC. does not intend to be bound to any buyer based upon a contract which that buyer may have with another party. Quotations are given in good faith for materials which are considered to be acceptable for the project referenced, but it must be kept in mind that final approval is at the discretion of others over whom we have no control. 4. All guarantees on materials are the Manufacturers standard and no other warranty is made by MASON-NORTON COMPANY, INC., just as all quotations cover materials made to the standard specifications and details of the named manufacturer, which is deemed to be what is desired. Contracts which may be cancelled due to a third party interpretation of the requirements, which vary from our own, shall impose no liability on MASON-NORTON COMPANY, INC. to furnish other materials or pay any part of the cost of so doing. Cancellation of this contract is subject to written acceptance of the manufacturer, and MASON-NORTON COMPANY, INC. A minimum cancellation charge of ten percent may be imposed on the buyer. Material is not to be returned without written permission. Returns Policy - Manufacturers restocking percentages will apply, additional freight charges must be paid. Products must be returned in original cartons, and packaging. Final credits cannot be issued until final acceptance of returned products at the factory, without shortages, or damages. 5. Quotations include freight cost unless stated otherwise, however, shipment is EO.B. Factory for delivery to job, or to the nearest rail or truck terminal. Tide of goods shall pass from the shipper to the buyer on receipt of a common carrier or by receipt given to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable. Damage claims, unloading of shipments and storage of same are the responsibility of the buyer. Notification of shortages, damages, and/or defective materials must be made to MASON-NORTON COMPANY, INC., the day of delivery. Material deliveries are not to be refused under any circumstances. Added charges for refused shipments will be invoiced to you. 6. MASON-NORTON COMPANY, INC. shall not be liable for any loss, damage, detention or delay caused by freight damages, shortages, defective or incorrect material, or by circumstances beyond their control: Delivery dates are dependent upon the performance of others, so they are given as probable, not as a guarantee of performance. 7. The acceptance of this quotation by a signature here-on, by telephone, facsimile, written purchase order or subcontract, shall constitute a contract of sale only after written acknowledgement by MASON-NORTON COMPANY, INC. Change orders are accepted under the original terms and conditions of our Order Acknowledgment. 8. This quotation shall be deemed a part of the agreement between MASON-NORTON COMPANY, INC. and the buyer even if not specifically mentioned in any written of verbal order given to MASON-NORTON COMPANY, INC. by the buyer. 9. A written acknowledgement from MASON-NORTON COMPANY, INC. shall constitute an acceptance of the contract in Cumberland County, Pennsylvania. MASON-NORTON COMPANY, INC. will only perform on the basis of the terms and conditions herein stated, which terms shall govern, in case of conflicts between the buyer's order and this quotation. Any contract which develops from this quotation may be assigned to a third party for handling and/or collection of the account without any liability on the part of MASON-NORTON COMPANY, INC. 10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of 12% annually on all over due accounts. No waiver of payment terms will be granted for any reason if not requested in writing before the 30 days expire. In the event of default of the payment of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY, INC. placing the collection of such sums in the hands of an attorney upon default, MASON-NORTON COMPANY, INC. shall be entitled to reimbursement of all reasonable and necessary attorney's fees incurred for the collection of the same, and all costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder. 11. Waiver and Releases of Liens will not be executed by MASON-NORTON COMPANY, INC. until full payments are received. 12. MASON-NORTON COMPANY, INC. accepts no partial payments, retainages, liquidated damages, or backcharges without previous written notification of problem and their costs. Any charges MUST have the written acceptance of MASON- NORTON COMPANY, INC. To our Customers: These terms and conditions have developed over many years and are stated to clarify the abilities and position of MASON-NORTON COMPANY, INC. as a manufacturer's agent. We have no intention of neglecting you. On the contrary, we assure you of our cooperation and aid, especially when a problem arises. Thank You Ra. 0102 STEAW, & INSTALLATION o ne«, s c??e MATERIAL & INSTALLATION UOTATION QUOTATION RED) 1952 (RED) 1 P?O a90oL MEMBER ? V F' UILDING ON rs : MASON-NORTON COMPANY C. G? CONSTRUCTI ' GEORGE O. PREBLE OFFICE: 310 S. TENTH ST WAREHOUSE: 312 S. TENTH ST. PRESIDENT 2002 LEMOYNE, PA 17043 B ECIALTY CONSTRUCTION PRODUCTS, FORTHE COMMERCIAL CONSTRUCTION INDUSTRY SP PHONE: 717-737-4558 Our E-mail address is as follows: FAX 717-761-8287 salw@muon-norton.com TO: PACE/CM, Inc. DATE: April 4, 2002 Ward L. Myers Elem. c/o Sam Sylvester Rev.: May 13, 2002 PROJECT: School Rev.: May 28, 2002 LOCATION: Muncy, PA CONFIRMATION OUR QUOTE: 0404-02 SHEET I- OF I ADDENDAS: 11,12,#3 `Ve are pleased to quote you for furnishing and installing only the following materials, in types, quantities, sizes and accessories as stated. All .rems not specifically listed are expressly excluded. Six percent Pennsylvania Sales Tax included on materials. Installation is performed by vIASON-NORTON COMPANY, INC. installation staff. This quotation is based on non-union, open-shop, or prevailing wage, wing car- ,enters, and laborers. ! 1pon written request we will provide certificate of insurance, criminal, and child abuse report. "PACKAGE PROPOSAL" #3 GYM EQUIPMENT: By Draper (SECT. 11485) 2 - front braced forward fold backstops with fiberglass backboards, edge padding, goals, electric winches, height adjusters, and safety straps 1 - power volleyball system with net, antennas, boundry markers, and upright pads 2 - floor sleeves with chrome covers 1 - equipment cart Wall padding to be 2" foam with 6 pound density, 3/8" plywood backer, and 1" nailer lip for attachment: 10 - 24" % 68" H 1 - 12" % 60" H 3 - 12" % 68" H 31 - 24" % 54" H 44 - 24" K 60" H 2 - 12" % 54" H 3 -24"X 48" H 1 - 12" % 42" H F th f or e sum o L9 TV CTITT .TT/11T"Y' TOTAL FOR ITEM #3 ALERT: This quote is FURNISHED AND INSTALLED. $11,000.00 $ 660.00 $ 4,800.00 $16,460.00 % A ITEMS TO CONSIDER: ? A) Un-loading of materials by MASON-NORTON CO., INC_ ( f.1 B) Field measuring by MASON-NORTON CO., INC. C) On-site secured storage area to be provided by General Contractor at FCC' '/fir NO charge to MASON-NORTON CO., INC. tD'N('? D) MASON-NORTON CO., INC., will be responsible to clean up only the mess M AR and debris from our materials and work area. 8 ??04 E) All in-wall blocking provided and installed by the General Contractor. )ace ......................................................................................... 20.......... MASON-NORTON COMPANY, INC. - KJR/1®s Michael J. Rudy - Sa1bS Representative ORM: MIQR-302 SEE TERMS AND CONDITIONS ON REVERSE SIPE MASON-NORTON COMPANY, INC. MERCHANDISE BROKER STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE FOR SPECIALTY BUILDING PRODUCTS 1. This quotation is subject to change or withdrawal at any time as MASON-NORTON COMPANY, INC. is doing a brokerage business, for specialty products used in Construction. All quotations are based on delivery of materials within a reasonable time, subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer. Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. Our quotation includes only those items as listed. Items not specifically listed are not included. 2. This quotation does not include taxes of any kind; such as Federal, State, Local, Business or Privilege Taxes are not included. Use taxes are not included. This quotation is subject to any future taxes or tax increase which may be imposed. Collection of Taxes is for the convenience of the purchaser and will be remitted to the Taxing Authority on his behalf. MASON-NORTON COMPANY, INC. assumes no responsibility for taxes unpaid by buyer. 3. MASON-NORTON COMPANY, INC. does not intend to be bound to any buyer based upon a contract which that buyer may have with another party. Quotations are given in good faith for materials which are considered to be acceptable for the project referenced, but it must be kept in mind that final approval is at the discretion of others over whom we have no control. 4. All guarantees on materials are the Manufacturers standard and no other warranty is made by MASON-NORTON COMPANY, INC., just as all quotations cover materials made to the standard specifications and details of the named manufacturer, which is deemed to be what is desired. Contracts which may be cancelled due to a third parry interpretation of the requirements, which vary from our own, shall impose no liability on MASON-NORTON COMPANY, INC. to furnish other materials or pay any part of the cost of so doing. Cancellation of this contract is subject to written acceptance of the manufacturer, and MASON-NORTON COMPANY, INC. A minimum cancellation charge of ten percent may be imposed on the buyer. Material is not to be returned without written permission. Returns Policy - Manufacturers restocking percentages will apply, additional freight charges must be paid. Products must be returned in original cartons, and packaging. Final credits cannot be issued until final acceptance of returned products at the factory, without shortages, or damages. 5. Quotations include freight cost unless stated otherwise, however, shipment is F.O.B. Factory for delivery to job, or to the nearest rail or truck terminal. Tide of goods shall pass from the shipper to the buyer on receipt of a common carrier or by receipt given to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable. Damage claims, unloading of shipments and storage of same are the responsibility of the buyer. Notification of shortages, damages, and/or defective materials must be made to MASON-NORTON COMPANY, INC., the day of delivery. Material deliveries are not to be refused under any circumstances. Added charges for refused shipments will be invoiced to you. 6. MASON-NORTON COMPANY, INC. shall not be liable for any loss, damage, detention or delay caused by freight damages, shortages, defective or incorrect material, or by circumstances beyond their control: Delivery dates are dependent upon the performance of others, so they are given as probable, not as a guarantee of performance. 7. The acceptance of this quotation by a signature here-on, by telephone, facsimile, written purchase order or subcontract, shall constitute a contract of sale only after written acknowledgement by MASON-NORTON COMPANY, INC. Change orders are accepted under the original terms and conditions of our Order Acknowledgment. 8. This quotation shall be deemed a part of the agreement between MASON-NORTON COMPANY, INC. and the buyer even if not specifically mentioned in any written of verbal order given to MASON-NORTON COMPANY, INC. by the buyer. 9. A written acknowledgement from MASON-NORTON COMPANY, INC. shall constitute an acceptance of the contract in Cumberland County, Pennsylvania. MASON-NORTON COMPANY, INC. will only perform on the basis of the terms and conditions herein stated, which terms shall govern, in case of conflicts between the buyer's order and this quotation. Any contract which develops from this quotation may be assigned to a third party for handling and/or collection of the account without any liability on the part of MASON-NORTON COMPANY, INC. 10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of 12% annually on all over due accounts. No waiver of payment terms will be granted for any reason if not requested in writing before the 30 days expire. In the event of default of the payment of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY, INC. placing the collection of such sums in the hands of an attorney upon default, MASON-NORTON COMPANY, INC. shall be entitled to reimbursement of all reasonable and necessary attorney's fees incurred for the collection of the same, and all costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder. 11. Waiver and Releases of Liens will not be executed by MASON-NORTON COMPANY, INC. until full payments are received. 12. MASON-NORTON COMPANY, INC. accepts no partial payments, retainages, liquidated damages, or backcharges without previous written notification of problem and their costs. Any charges MUST have the written acceptance of MASON- NORTON COMPANY, INC. To our Customers: These terms and conditions have developed over many years and are stated to clarify the abilities and position of MASON-NORTON COMPANY, INC. as a manufacturer's agent. We have no intention of neglecting you. On the contrary, we assure you of our cooperation and aid, especially when a problem arises. Rev. 0102 Thank You { e ' 1 " ? j rrr( ATERIAL & INSTALLATION. UOT.ATION RED) 1952 P??P?o a9GG w? jo. GGT F' BUILDING `r CONSTRUCTION GEORGE 0.PREBLE PRESIDENT 2002 `a?tte..: a r eel! IATERIAL & INSTALLATION i i'r QUOTATIO'hL +` (RED) 0 Fy MEMBER MASON-NORTON COMPANY, INC. OFFICE: 310 S. TENTH ST WAREHOUSE: 312 S. TENTH ST. LEMOYNE, PA 17043 SPECIALTY CONSTRUCTION PRODUCTS, FOR THE COMMERCIAL CONSTRUCTION INDUSTRY PHONE: 717-737-4558 Our E-mail address is as follows: FAX 717-761-8287 sales@mmon-norton.com DATE: April 4, 2002 Ward L. Myers Elem. Rev.: May 13, 2002 PROJECT: School Rev.: May 28, 2002 LOCATION: Muncy, PA CONFIRMATION OUR QUOTE: 0404-02 SHEET 7 OF D ADDENDAS: r #1,12,13 TO: PACE/CM, Inc. c/o Sam Sylvester We are pleased to quote you for furnishing and installing only the following materials, in types, quantities, sizes and accessories as stated. All items not specifically listed are expressly excluded. Six percent Pennsylvania Sales Tax included on materials. Installation is performed by MASON-NORTON COMPANY, INC. installation staff. This quotation is based on non-union, open-shop, or prevailing wage, using car- penters, and laborers. Upon written request we will provide certificate of insurance, criminal, and child abuse report. "PACKAGE PROPOSAL" #3 GYM EQUIPMENT (continued): By Draper (SECT. 11485) EXCEPTIONS: We do not include installation of volleyball standards, or floor sleeves. ALERT: Model backstops require 17'0" Height minimum to operate. Approximately 16'4" shown. NOTE: Confirming Subcontract #CM-0206-03. ^? 77 ct t (' w ? I ? e RKEIM MNC0., INC. MAR - 8 2004 late ......................................................................................... 20.......... MASON-NORTON COMPANY, INC. - -IV 7 c?e?e rred .................................................................................................. By..................................................... ...................'.!...... .......... M.IR/kms Michael J. Rudy es Re tive JRM: MIQR-302 SEE TERMS AND CONDITIONS ON REVERSE SIDE (0 MASON-NORTON COMPANY, INC. MERCHANDISE BROKER STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE FOR SPECIALTY BUILDING PRODUCTS I. This quotation is subject to change or withdrawal at any time as MASON-NORTON COMPANY, INC. is doing a brokerage business, for specialty products used in Construction. All quotations are based on delivery of materials within a reasonable time, subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer. Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. Our quotation includes only those items as listed. Items not specifically listed are not included. 2. This quotation does not include taxes of any kind; such as Federal, State, Local, Business or Privilege Taxes are not included. Use taxes are not included. This quotation 1s subject to any future taxes or tax increase which may be imposed. Collection of Taxes is for the convenience of the purchaser and will be remitted to the Taxing Authority on his behalf. MASON-NORTON COMPANY, INC. assumes no responsibility for taxes unpaid by buyer. 3. MASON-NORTON COMPANY, INC. does not intend to be bound to any buyer based upon a contract which that buyer may have with another party . Quotations are given in good faith for materials which are considered to be acceptable for the project referenced, but it must be kept in mind that final approval is at the discretion of others over whom we have no control. 4. All guarantees on materials are the Manufacturers standard and no other warranty is made by MASON-NORTON COMPANY, INC., just as all quotations cover materials made to the standard specifications and details of the named manufacturer, which is deemed to be what is desired. Contracts which may be cancelled due to a third party interpretation of the requirements, which vary from our own, shall impose no liability on MASON-NORTON COMPANY, INC. to furnish other materials or pay any parr of the cost of so doing. Cancellation of this contract is subject to written acceptance of the manufacturer, and MASON-NORTON COMPANY, INC. A minimum cancellation charge of ten percent may be imposed on the buyer. Material is not to be returned without written permission. Returns Policy - Manufacturers restocking percentagges will apply, additional freight charges must be paid. Products must be returned in original cartons, and packaging. Final credits cannot be issued until final acceptance of returned products at the factory, without shortages, or damages. 5. Quotations include freight cost unless stated otherwise, however, shipment is F.O.B. Factory for delivery to job, or to the nearest rail or truck terminal. Tide of goods shall pass from the shipper to the buyer on receipt of a common carrier or by receipt given to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable. Damage claims, unloading of shipments and storage of same are the responsibility of the buyer. Notification of shortages, damages, and/or defective materials must be made to MASON-NORTON COMPANY, INC., the day of delivery. Material deliveries are not to be refused under any circumstances. Added charges for refused shipments will be invoiced to you. 6. MASON-NORTON COMPANY, INC. shall not be liable for any loss, damage, detention or delay caused by freight damages, shortages, defective or incorrect material, or by circumstances beyond their control: Delivery dates are dependent upon the performance of others, so they are given as probable, not as a guarantee of performance. 7. The acceptance of this quotation by a signature here-on, by telephone, facsimile, written purchase order or subcontract, shall constitute a contract of sale only after written acknowledgement by MASON-NORTON COMPANY, INC. Change orders are accepted under the original terms and conditions of our Order Acknowledgment. 8. This quotation shall be deemed a part of the agreement between MASON-NORTON COMPANY, INC. and the buyer even if not specifically mentioned in any written of verbal order given to MASON-NORTON COMPANY, INC. by the buyer. 9. A written acknowledgement from MASON-NORTON COMPANY, INC. shall constitute an acceptance of the contract in Cumberland County, Pennsylvania. MASON-NORTON COMPANY, INC. will only perform on the basis of the terms and conditions herein stated, which terms shall govern, in case of conflicts between the buyer's order and this quotation. Any contract which develops from this quotation may be assigned to a third party for handling and/or collection of the account without any liability on the part of MASON-NORTON COMPANY, INC. 10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of 12% annually on all over due accounts. No waiver of payment terms will be granted for any reason if not requested in writing before the 30 days expire. In the event of default of the payment of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY, INC. placing the collection of such sums in the hands of an attorney upon default, MASON-NORTON COMPANY, INC. shall be entitled to reimbursement of all reasonable and necessary attorney's fees incurred for the collection of the same, and all costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder. 11. Waiver and Releases of Liens will not be executed by MASON-NORTON COMPANY, INC. until full payments are received. 12. MASON-NORTON COMPANY, INC. accepts no partial payments, retainages, liquidated damages, or backcharges without previous written notification of problem and their costs. Any charges MUST have the written acceptance of MASON- NORTON COMPANY, INC. To our Customers: These terms and conditions have developed over many years and are stated to clarify the abilities and position of MASON-NORTON COMPANY, INC. as a manufacturer's agent. We have no intention of neglecting you. On the contrary, we assure you of our cooperation and aid, especially when a problem arises. Thank You Re.. 0102 INCLUDE WITH ORDER 1952 IMPORTANT NOTICE ACKNOWLEDGMENT o , O REMINDER ATTACHED TO MASON-NORTON, INC. INVOICE T L D BUIL 00 ING : MASON-NORTON COMPANY INC. CONSTROCTION GEORGE O. PREBLE OFFICE: 310 S. TENTH ST. WAREHOUSE: 312 S. TENTH ST. PRESIDENT 2002 LEMOYNE PA 17043 SPECIALTY CONSTRUCTION PRODUCTS, FOR THE COMMERCIAL CONSTRUCTION INDUSTRY PHONE: 717-737-4558 Our E-nma addr is as follows: FAX: 717-761-8287 sake@mu n-norton.mm A. DO YOU KNOW WHERE THE RESPONSIBILITY RESTS AND/OR WHAT TO DO WHEN SHORTAGES OR DAMAGES OCCUR ON DELIVERY??? WE CANNOT ASSUME RESPONSIBILITY FOR SHORTAGES OR DAMAGES, SEE ITEM 5 (TERMS AND CONDITIONS) OUR RESPONSIBILITY ENDS WHEN CARRIER SIGNS THE BILL OF LADING AT THE FACTORY. HOWEVER, WE OFFER A SERVICE TO OUR CUSTOMERS OF HELPING TO PROCESS CLAIMS IF THESE INSTRUCTIONS ARE FOLLOWED. B. SHIPMENT OF THIS ORDER WILL BE MADE TO THE ADDRESS YOU DESIGNATE. NOTICE OF THIS SHIPMENT IS FORWARDED TO YOU BY MEANS OF OUR INVOICE. IT IS IMPERATIVE THE PROCEDURES OUTLINED HERE BE FOLLOWED WHEN A CLAIM IS TO BE MADE AGAINST THE CARRIER. WE HAVE NO ALTERNATIVE BUT TO ISSUE CHARGES FOR ANY REPLACEMENTS. WE SUGGEST YOU TAKE NECESSARY ACTION TO PROMPTLY INFORM THE PARTY OR PARTIES THAT WILL RECEIVE THE SHIPMENT OF THE FOLLOWING REQUIREMENTS, AS IT IS THE RESPONSIBILITY OF THE PARTY RECEIVING THE SHIPMENT TO MAKE SURE IT IS COMPLETE AND NOT DAMAGED. C. BEFORE SIGNING FREIGHT BILL, THE NUMBER OF PIECES, BAGS, BUNDLES, CRATES, ETC. SHOULD BE COUNTED AND COMPARED TO TOTAL NUMBER OF PIECES SHOWN ON THE FREIGHT BILL. SHOULD ANY OF THESE ITEMS BE MISSING, DAMAGED, OR SHOULD THERE BE ANY OTHER DISCREPANCIES SUCH AS LOOSE BUNDLES, HAVE THE DRIVER MARK FREIGHT BILL AS SUCH BEFORE SIGNING FOR DELIVERY. WE MUST BE NOTIFIED THE DAY OF THE DELIVERY. D. IF DAMAGE IS DISCOVERED AFTER THE CARRIER HAS GONE: 1-CALL THE CARRIER IMMEDIATELY TO COME AND MAKE A CONCEALED DAMAGE INSPECTION REPORT. CONCEALED DAMAGE MUST BE REPORTED WITHIN 10 DAYS AFTER DELIVERY. 2-SAVE ALL PACKING MATERIAL FOR INSPECTION TO EXAMINE. THIS IS A MUSTIR IN EVENT OF ANY DISCREPANCY, THE TRANSPORTATION COMPANY IS LIABLE ONLY IF THERE IS NOTATION OF THIS DISCREPANCY BY THEIR DRIVER. E. CLAIMS FOR DAMAGES TO SHIPMENTS IN TRANSIT ARE INCREASING. AS A RESULT, CARRIERS ARE BECOMING MORE STRICT IN THEIR JUDGEMENT OF LIABILITY FOR SUCH DAMAGES. F. ALL CLAIMS MUST BE FILED WITHIN NINE MONTHS FROM SHIPPING DATE. NOTE: NO CLAIM WILL BE RECOGNIZED BY THE TRANSPORTATION COMPANY UNLESS THE ORIGINAL FREIGHT BILL BEARING NOTATION OF SHORTAGE OR DISCREPANCY BY THEIR DRIVER IS ATTACHED, ALONG WITH A RECEIPTED INVOICE FROM THE SUPPLIER. (WE WILL SUPPLY NAME OF CARRIERS CLAIM AGENT) G. WHEN REPORTING SHORTAGES TO US, PLEASE IDENTIFY SAME BY NAME, SIZE AND NUMBER AS SHOWN ON OUR PACKING SLIP. THIS WILL ASSIST US IN HANDLING YOUR SHORTAGE IN LESS TIME AND AFFORD YOU QUICKER SERVICE ON REPLACEMENT. FORM: WRF-302 THANK-YOU 1 -Qj p P^m i MASON-NORTON COMPANY, INC. i MASON-NORTON COMPANY, INC. MERCHANDISE BROKER STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE FOR SPECIALTY BUILDING PRODUCTS 1. This quotation is subject to change or withdrawal at any time as MASON-NORTON COMPANY, INC. is doing a brokerage business, for specialty products used in Construction. All quotations are based on delivery of materials within a reasonable time, subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer. Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. Our quotation includes only those items as listed. Items not specifically listed are not included. 2. This quotation does not include taxes of any kind; such as Federal, State, Local, Business or Privilege Taxes are not included. Use taxes are not included. This quotation is subject to any future taxes or tax increase which may be imposed. Collection of Taxes is for the convenience of the purchaser and will be remitted to the Taxing Authority on his behalf. MASON-NORTON COMPANY, INC. assumes no responsibility for taxes unpaid by buyer. 3. MASON-NORTON COMPANY, INC. does not intend to be bound to any buyer based upon a contract which that buyer may have with another party. Quotations are given in good faith for materials which are considered to be acceptable for the project referenced, but it most be kept in mind that final approval is at the discretion of others over whom we have no control. 4. All guarantees on materials are the Manufacturers standard and no other warranty is made by MASON-NORTON COMPANY, INC., just as all quotations cover materials made to the standard s?eciftcations and details of the named manufacturer, which is deemed to be what is desired. Contracts which may be cancelled due to a third parry interpretation of the requirements, which vary from our own, shall impose no liability on MASON-NORTON COMPANY, INC. to furnish other materials or pay any part of the cost of so doing. Cancellation of this contract is subject to written acceptance of the manufacturer, and MASON-NORTON COMPANY, INC. A minimum cancellation charge of ten percent may be imposed on the buyer. Material is not to be returned without written permission. Returns Policy - Manufacturers restocking percentages will apply, additional freight charges must be paid. Products must be returned in origgiinal cartons, and packaging. Final credits cannot be issued until final acceptance of returned products at the factory , vrithout shortages, or damages. 5. Quotations include freight cost unless stated otherwise, however, shipment is F.O.B. Factory for delivery to job, or to the nearest rail or truck terminal. Tide of goods shall pass from the shipper to the buyer on receipt of a common carrier or by receipt given to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable. Damage claims, unloading of shipments and storage of same are the responsibility of the buyer. Notification of shortages, damages, and/or defective materials must be made to MASON-NORTON COMPANY, INC., the day of delivery. Material deliveries are not to be refused under any circumstances. Added charges for refused shipments will be invoiced to you. 6. MASON-NORTON COMPANY, INC. shall not be liable for any loss, damage, detention or delay caused by freight damages, shortages, defective or incorrect material, or by circumstances beyond their control: Delivery dates are dependent upon the performance of others, so they are given as probable, not as a guarantee of performance. 7. The acceptance of this quotation by a signature here-on, by telephone, facsimile, written purchase order or subcontract, shall constitute a contract of sale only after written acknowledgement by MASON-NORTON COMPANY, INC. Change orders are accepted under the original terms and conditions of our Order Acknowledgment. 8. This quotation shall be deemed a part of the agreement between MASON-NORTON COMPANY, INC. and the buyer even if not specifically mentioned in any written of verbal order given to MASON-NORTON COMPANY, INC. by the buyer. 9. A written acknowledgement from MASON-NORTON COMPANY, INC. shall constitute an acceptance of the contract in Cumberland County, Pennsylvania. MASON-NORTON COMPANY, INC. will only perform on the basis of the terms and conditions herein stated, which terms shall govern, in case of conflicts between the buyers order and this quotation. Any contract which develops from this quotation may be assigned to a third party for handling and/or collection of the account without any liability on the part of MASON-NORTON COMPANY, INC. 10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of 12% annually on all over due accounts. No waiver of payment terms will be granted for any reason if not requested in writing before the 30 days expire. In the event of default of the payment of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY, INC. placing the collection of such sums in the hands of an attorney upon default, MASON-NORTON COMPANY, INC. shall be entitled to reimbursement of all reasonable and necessary attorney's fees incurred for the collection of the same, and all costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder. 11. Waiver and Releases of Liens will not be executed by MASON-NORTON COMPANY, INC. until full payments are received. 12. MASON-NORTON COMPANY, INC. accepts no partial payments, retainages, liquidated damages, or backcharges without previous written notification of problem and their costs. Any charges MUST have the written acceptance of MASON- NORTON COMPANY, INC. To our Customers: These terms and conditions have developed over many years and are stated to clarify the abilities and position of MASON-NORTON COMPANY, INC. as a manufacturer's agent. We have no intention of neglecting you. On the contrary, we assure you of our cooperation and aid, especially when a problem arises. Thank You `4 f?T RN. 0102 ! e, '? MA AI (~} a m.r, s ?, re• (7 MATERIAL Q?JOTATIUN`i QUOTATION (BLUE) '•? r'' C) L: \ (BLUE) 1952 nreMSeR ?l ??PrrO A90o ?/ ?\ h U V? for GC BUILDING .s : MASON-NORTON COMPANY INC. CONSTRUCTION GEORGE O. PREBLE OFFICE: 310 S. TENTH ST. WAREHOUSE: 312 S. TENTH ST. PRESIDENT 2002 LEMOYNE, PA 17043 SPECIALTY CONSTRUCTION PRODUCTS, FOR THE COMMERCIAL CONSTRUCTION INDUSTRY PHONE: 717-737-4558 Our E-mail address is as follows: FAX 717-761-8287 sales@mason-norton.com TO: PACE/CM, INC. DATE: December 13, 2002 ATTN: SAM SYLVESTER PROJECT:Ward L. Myers Elem.School LOCATION: Muncy, Pa. OUR QUOTE: 20690 SHEET 1 OF 1 ADDENDAS: None We are pleased to quore you for furnishing only the following materials, in types, quantities, sizes and accessories as stated. All items not specif ically listed are expressly excluded. MASON-NORTON COMPANY, INC. "Installation Quotation" will be attached where applicable. ANY KIND OF TAXES ARE NOT INCLUDED Information from American Flagpole pertaining to adding lights to each flagpole. 6" round canistor lights at 11'6", per attached drawing B91012, wires,wiring and hook-up are not included. Field installation is required for lighting. NOTE: American Flagpole does not recommend lights on poles, and an explanation from American Flagpole is hereby attached. To supply two lights per attached drawing; ADD THE ADDITIONAL SUM OF ----------------------- -- $660.00 PLUS TAX •:1-0 1 1 1' 7 . .1 RECEIVED M'V Co. JAN Z 32003 If we are to proceed, please return a signed accepted copy of this quotation. We acknowledge and accept the changes and charges reflected above, and guarantee by our acceptance that payment will be made in the full amount of our invoice, within (30) days from the date of that invoice. 1477 4e1L1.y/LT/ -7S: C-:?J Date ................................._...................................................... 20.......... MAS OMP 11', INC. Accepted ............................................................................................... By................ ......... ... . ................. ?.......... George 0. Preble - President AT2(2) GOP: gdb SEE TERMS AND CONDITI NS N REVERSE SIDE LXh ??,? fit, MASON-NORTON COMPANY, INC. MERCHANDISE BROKER STANDARD TERMS AND CONDITIONS OF SALE AND PERFORMANCE FOR SPECIALTY BUILDING PRODUCTS 1. This quotation is subject to change or withdrawal at any time as MASON-NORTON COMPANY, INC. is doing a brokerage business, for specialty products used in Construction. Al quotations are based on delivery of materials within a reasonable time, subject to escalation on a net basis, without profit or over head. Proof of changes in cost will be produced on request of buyer. Material must be shipped within one year from the latest date of quotation, or order could be subject to Factory escalation. Our quotation includes only those items as listed. Items not specifically listed are not included. 2. This quotation does not include taxes of any kind; such as Federal, State, Local, Business or Privilege Taxes are not included. Use taxes are not included. This quotation is subject to any future taxes or tax increase which may be imposed. Collection of Taxes is for the convenience of the purchaser and will be remitted to the Taxing Authority on his behalf. MASON-NORTON COMPANY, INC. assumes no responsibility for taxes unpaid by buyer. 3. MASON-NORTON COMPANY, INC. does not intend to be bound to any buyer based upon a contract which that buyer may have with another parry. Quotations are given in good faith for materials which are considered to be acceptable for the project referenced, but it must be kept in mind that final approval is at the discretion of others over whom we have no control. 4. All guarantees on materials are the Manufacturers standard and no other warranty is made by MASON-NORTON COMPANY, INC., just as all quotations cover materials made to the standard specifications and details of the named manufacturer, which is deemed to be what is desired. Contracts which may be cancelled due to a third parry interpretation of the requirements, which vary from our own, shall impose no liability on MASON-NORTON COMPANY, INC. to furnish other materials or pay any part of the cost of so doing. Cancellation of this contract is subject to written acceptance of the manufacturer, and MASON-NORTON COMPANY, INC. A minimum cancellation charge of ten percent may be imposed on the buyer. Material is not to be returned without written permission. Returns Policy - Manufacturers restocking percentages will apply, additional freight charges must be paid. Products must be returned in original cartons, and packaging. Final credits cannot be issued until final acceptance of returned products at the factory, without shortages, or damages. 5. Quotations include freight cost unless stated otherwise, however, shipment is F.O.B. Factory for delivery to job, or to the nearest rail or truck terminal. Title of goods shall pass from the shipper to the buyer on receipt of a common carrier or by receipt given to the delivering agent of the shipper. Collect shipments are to be paid by buyer then deducted from account if applicable. Damage claims, unloading of shipments and storage of same are the responsibility of the buyer. Notification of shortages, damages, and/or defective materials must be made to MASON-NORTON COMPANY, INC., the day of delivery. Material deliveries are not to be refused under any circumstances. Added charges for refused shipments will be invoiced to you. 6. MASON-NORTON COMPANY, INC. shall not be liable for any loss, damage, detention or delay caused by freight damages, shortages, defective or incorrect material, or by circumstances beyond their control: Delivery dates are dependent upon the performance of others, so they are given as probable, not as a guarantee of performance. 7. The acceptance of this quotation by a signature here-on, by telephone, facsimile, written purchase order or subcontract, shall constitute a contract of sale only after written acknowledgement by MASON-NORTON COMPANY, INC. Change orders are accepted under the original terms and conditions of our Order Acknowledgment. 8. This quotation shall be deemed a part of the agreement between MASON-NORTON COMPANY, INC. and the buyer even if not specifically mentioned in any written of verbal order given to MASON-NORTON COMPANY, INC. by the buyer. 9. A written acknowledgement from MASON-NORTON COMPANY, INC. shall constitute an acceptance of the contract in Cumberland County, Pennsylvania. MASON-NORTON COMPANY, INC. will only perform on the basis of the terms and conditions herein stated, which terms shall govern, in case of conflicts between the buyer's order and this quotation. Any contract which develops from this quotation may be assigned to a third parry for handling and/or collection of the account without any liability on the part of MASON-NORTON COMPANY, INC. 10. Terms of payment are 30 days net, after date of invoice, on full or partial shipments and interest will be charged at the rate of 12% annually on all over due accounts. No waiver of payment terms will be granted for any reason if not requested in writing before the 30 days expire. In the event of default of the payment of any sums due hereunder, and upon the necessity of MASON-NORTON COMPANY, INC. placing the collection of such sums in the hands of an attorney upon default, MASON-NORTON COMPANY, INC. shall be entitled to reimbursement of all reasonable and necessary attorney's fees incurred for the collection of the same, and all costs and expenses of collection, which amount shall be in addition to all other sums due and owing hereunder. 11. Waiver and Releases of Liens will not be executed by MASON-NORTON COMPANY, INC. until full payments are received. 12. MASON-NORTON COMPANY, INC. accepts no partial payments, retainages, liquidated damages, or backchazges without previous written notification of problem and their costs. Any charges MUST have the written acceptance of MASON- NORTON COMPANY, INC. To our Customers: These terms and conditions have developed over many years and are stated to clarify the abilities and position of MASON-NORTON COMPANY, INC. as a manufacturer's agent. We have no intention of neglecting you. On the contrary, we assure you of our cooperation and aid, especially when a problem arises. Rev. 0102 Thank You, '. 1 r d 9 i-! a LDIM MASON-NORTON COMPANY, INC. Cowsrrtuc*ww ESTABLISHED 1952 SPECIALTY CONSTRUCTION PRODUCTS For the Commercial Construction Industry GEORGE 0. PREBLE - PRESIDENT 310 S. TENTH ST., LEMOYNE PA 17043 PHONE: 717-737-4558 FAX: 717-761-8287 To: PACE/CM INC 1512 N MAIN AVENUE SCRANTON, PA 18508 INVOICE Sales Rep ID Invoice Date:Invoice Number: 11/26/03 20690-3 Shipped To MUNCY SCHOOL DISTRICT WARD L MYERS ELEM SCHOOL 125 NEW STREET MUNCY, PA 17756 TERMS OF SALE: 30 DAYS NET: 1% INTEREST PER MONTH ON OVERDUE ACCOUNTS Customer ID: Date Shipped Shipped Via COL PP F.O.B. Point Terms Your Order Number PACE 000131 BEST WAY X FACTORY Net 30 Days CM020503 Description I Amount INSTALLATION OF WALL PADS 2,400.00'1 i PLEASE PAY FROM THIS INVOICE Subtotal 2,400.00 Sales Tax Total Invoice Amount 2, 400.00 Payment Received 0.00 TOTAL 2, 400.00 BE ADVISED THAT IF THIS INVOICE GOES BEYOND OUR TERMS OF PAYMENT, IT WILL BE NO PARTIAL PAYMENTS, RETAINAGES, BACKCHARGES OR NECESSARY UNDER THE BONDING LIQUIDATED DAMAGES MAY BE DEDUCTED FROM THIS REQUIREMENTS TO NOTIFY YOUR BONDING INVOICE WITHOUT PRIOR WRITTEN APPROVAL. COMPANY, ARCHITECT, OWNER AND OTHERS ON THE SIXTIETH DAY FROM THE DATE OF THIS INVOICE. FEDERAL ID #23-2984787 ?? sm?ouo 's MASON-NORTON COMPANY, INC. ESTABLISHED 1952 SPECIALTY CONSTRUCTION PRODUCTS U For the Commercial Construction Industry GEORGE 0.PREBLE-PRESIDENT 310 S. TENTH ST., LEMOYNE PA 17043 PHONE: 717-737-4558 FAX: 717-761-8287 To: PACE/CM INC 1512 N MAIN AVENUE SCRANTON, PA 18508 INVOICE Sales Rep ID Invoice Date: Invoice Number: 11/19/03 20690-2 Shipped To MUNCY SCHOOL DISTRICT WARD L MYERS ELEM SCHOOL 125 NEW STREET MUNCY, PA 17756 TERMS OF SALE: 30 DAYS NET: 1% INTEREST PER MONTH ON OVERDUE ACCOUNTS Customer ID: Date Shipped Shipped Via COL PPF.O.B. Point Terms Your Order Number PACE 00013 BEST WAY X'. FACTORY Net 30 Days CM020503 Description Amount WALL PADDING AS PER APPROVALS CUBICLE CURTAINS AND TRACK AS PER APPROVALS FLAGPOLES AS PER APPROVALS C/O QUOTE ADD PLEASE PAY FROM THIS INVOICE 5,700.00 1,000.00 1,970.00 660.00 Subtotal 9,330.00 Sales Tax 559.80 Total Invoice Amount 9,889.80 Payment Received 0.00 TOTAL 9,889.80 BE ADVISED THAT IF THIS INVOICE GOES BEYOND OUR TERMS OF PAYMENT, IT WILL BE NO PARTIAL PAYMENTS, RETAINAGES, BACKCHARGES OR NECESSARY UNDER THE BONDING LIQUIDATED DAMAGES MAY BE DEDUCTED FROM THIS REQUIREMENTS TO NOTIFY YOUR BONDING COMPANY, ARCHITECT, OWNER AND OTHERS INVOICE WITHOUT PRIOR WRITTEN APPROVAL. ON THE SIXTIETH DAY FROM THE DATE OF THIS INVOICE. FEDERAL ID #23-2984787 E . sm ms's MASON-NORTON COMPANY, INC. ES iABLISHED 1952 SPECIALTY CONSTRUCTION PRODUCTS For the Commercial Construction Industry GEORGE O. PREBLE - PRESIDENT 310 S. TENTH ST., LEMOYNE PA 17043 PHONE: 717-737-4558 FAX: 717-761-8287 To: PACE/CM INC 1512 N MAIN AVENUE SCRANTON, PA 18508 INVOICE Sales Rep ID Invoice Date: Invoice Number: MJR 10/2B/03 20690-1 Shipped To: WARD L MYERS ELEM SCHOOL 125 NEW STREET MUNCY, PA 17756 TERMS OF SALE: 30 DAYS NET: 1% INTEREST PER MONTH ON OVERDUE ACCOUNTS Customer ID: Date Shipped Shipped Via COL PP F.O.B. Point Terms Your Order Number PACE 00013, BEST WAY X '.. FACTORY Net 30 Days CM-020503 Description Amount BASKETBALL BACKSTOPS MFG BY DRAPER AS PER APPROVALS 5,300.00 INSTALLATION 2,900.00 y PLEASE PAY FROM THIS INVOICE Subtotal 7,700.00 Sales Tax 318.00 Total Invoice Amount 8,018.00 Payment Received 0.00 TOTAL 8,018.00 BE ADVISED THAT IF THIS INVOICE GOES BEYOND OUR TERMS OF PAYMENT, IT WILL BE NO PARTIAL PAYMENTS, RETAINAGES, BACKCHARGES OR NECESSARY UNDER THE BONDING LIQUIDATED DAMAGES MAY BE DEDUCTED FROM THIS REQUIREMENTS TO NOTIFY YOUR BONDING INVOICE WITHOUT PRIOR WRITTEN APPROVAL. COMPANY, ARCHITECT, OWNER AND OTHERS ON THE SIXTIETH DAY FROM THE DATE OF THIS INVOICE. FEDERAL ID #23-2984787 VERIFICATION COMPANY NAME: MASON-NORTON COMPANY. INC. I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn Dated: / - 19 `G Title '`_ n ? ?- ? ' ?. ? h ?, ?, ? -a r? _ -? te ?, ? ,,,,_. ? c? `' w -c -? ,, . "? ? }." _ . `'n ?. ` t ? : , ? y° ? r?? u`? c o .. o ? c? v • c e• n MASON-NORTON COMPANY, INC. vs. PACE CONSTRUCTION MANAGERS, INC. Person to be served (Name and Address): PACE CONSTRUCTION MANAGERS, INC. 1512 NORTH MAIN AVENUE SCRANTON PA 18508 By serving: PACE CONSTRUCTION MANAGERS, INC. Attorney: JOHN W, PURCELL, JR., ESQ. Plaintiff Defendant Papers Served: NOTICE AND COMPLAINT, EXHIBITS Service Data: ?j Served Successfully [ j Not Served Date/Time: -Zk7/0& e?ldojem [ ] Delivered a copy to him/her personally [ ] Left a copy with a competent household member over 14 years of age residing therein (indicate name & relationship at right) 1? Left a copy with a person authorized to accept service, e.g. managing agent, registered agent, etc. (indicate name & official title at right) Court Of ' u M m, fu d01 -' a). L' r , C, ,ti CL Venue Docket Number: 06 662 AFFIDAVIT OF SERVICE (For Use by Private Service) Cost of Service pursuant to R. 4:4-3(c) Attempts: Date/Time: Date/Time: Date rime: Name of Person Served and relationship/titie: S.9o4olo e SY?_ yesEc 0 IS0127 &//-- 11P Description of Person Accepting Service: SEX:TAGE: HEIGHT: 67 WEIGHT: a?.?n SKIN: dWIrC HAIR: OTHER: Unservsd: [ j Defendant is unknown at the address furnished by the attorney [ ] All reasonable inquiries suggest defendant moved to an undetermined address [ ] No such street in municipality [ ] Defendant is evading service [ ] No response on: Date/Time: Dste/Tkne: Date rime: Other. Served Date: Subs??crriibb?e((,d and Swom b me this _L-_ day 1- Notary Signatur 1( Name of Notary Commission Expiration I, '?AR5j of &kkk' was a the time of service a competent adult not having a direct interest in the litigation. I declare under penalty of perjury that the for is true and correct. }2J4La'a, l Signat re of Process Server 'Date te NETAf,A SEAL LINDALBEERS N IAHI YP.BI.C t y IGH COU0.TY CITY OF ALLIENCMN ENTELNN IE CITY L S. r. C' ?` ??!fiE T'J .? T SZ?' J `C' --? -, C > ..? Jay. G? -4 .. r? Curtis R. Long Prothonotary Office Of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor t)j - QCVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573