Loading...
HomeMy WebLinkAbout02-1577Donald L. Kornfield Attorney for Plaintiff 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 or 267-3202 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 LOWE'S HOME CENTERS, INC. Plaintiff VS. DWAYNE A. DEIMLER and SCOTT FICKES, individually and trading as D&S MECHANICAL & GENERAL CONT. Defendants IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH 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 an 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 claims 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. PA Bar Association Lawyer Referral Service P.O. Box 186, 100 South Street Harrisburg, PA 17108 Telephone Numbers: 717-238-6715 1-800-692-7375 (PA only) PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTA1NED WILL BE USED FOR THAT PURPOSE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. LOWE'S HOME CENTERS, INC. Plaintiff VS. DWAYNE A. DEIMLER and SCOTT FICKES, individually and trading as D&S MECHANICAL & GENERAL CONT. Defendants o IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW COMPLAINT Plaintiff alleges the following cause of action against Defendants. Plaintiff is Lowe's Home Centers, Inc., a North Carolina corporation authorized to do business in Pennsylvania, having offices located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. Defendant Dwayne A. Deimler is a sui juris adult living and residing at 508 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania. Defendant Scott Fickes is a sui juris adult living and residing at 300 Mulberry Drive, Marysville, Perry County, Pennsylvania. Defendant D&S Mechanical & General Cont. is a partnership with offices located at 300 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant D&S entered into a Business Charge Account Application with Plaintiff, a copy of which is attached hereto as Exhibit A. Defendants Deimler and Fickes signed a Personal Guaranty Agreement on March 13, 2000, a copy of which guaranty is part of the Business Charge Account Application attached hereto as Exhibit A. At various times and at the instance and request of Defendant D&S, Plaintiff supplied materials to Defendant D&S, on open account. A statement of the sums due Plaintiff from Defendants is attached hereto as Exhibit B and made a part hereof. 9. There is due and owing Plaintiff from Defendants the sum of $3,584.19. 10. In spite of repeated demands, Defendants have failed and continue to fail to pay upon the said open account. 11. In the Business Charge Account Application, Defendant D&S agreed to pay 15% attorneys fees or more if incurred by Plaintiff in the event legal action to collect the account became necessary. 12. In the guaranty, Defendants Deimler and Fickes agreed to pay 15% attorneys fees or more if incurred by Plaintiff in the event legal action to collect the account became necessary. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in the amount of $3,584.19, together with 15% attorney's fees of $537.62 for a total of $4,121.81, court costs, expenses, interest and such other damages as may be available at law. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LOWE'S HOME CENTERS, INC. /l"lllgl~l(~' BUSINESS CHARGE ACCOUNT APPLICATION ~r Accounts up to $25,000 with Lowe's Home Centers, Inc. Hom~ Improveme~l W~mhe~ and/or The Contractor Yard, Inc. Applicant Name (Full Legal Name) ,,~'~.~ /)/)E~/.~?~//~',,~Z, ./~/',~-J~/',L~,4'~ ~ (Parent Company). Mailino Address: P.O. Box~ City. State Zip Accounts Payable Contact: .~ ~'~,,,¢~ ,,,/'-~,,~,~',~ '- Phone 0'/~'l '~"/ -~ _,q?~ Ext. Fax O'/~._~..~.~_~E-Mag Address Taxpayer Ident. No~_~'o/~.~_~ -?'&L%' Tax Exempt Cert. No. Check One: ( )Corporation (,~'~flnershio ( )Sd:de Proprietorship ( )Govemment Aoency ( )Other: Business Type Year Started_~__ State Incorporated/Organized D&B Rating. Duns Number Credit Line Requested: $ /,'~ ~,~ '° (Up to $25,0~0; attach cunent Financial Statement if over $10,000) Please provide the following info(mation on each Principal of App cant (i.e., owner, officer, or partner): Name and Address Position c' S ri # Has Applicant tiled bankruptcy? ( )Yes { Is Applicant a defendant in pending litigation? ( )Yes Zip County. Phone ( .~lame of each Principal who has tiled bankruptcy: ( I/)No Does Applicant owe any judgment? ( )Yes (~ Trade Credit References: Account No. Hi h Cre, e~ Terms Phone (--) Commercial Bank/Address ~/~'),,,'72/",~ Citv.,~")~2 ..'",,,~,C/~ ,,/..//~'~',.5,,~,,_.,~at e Contact .,,5'~,,'"~',',,~',,,' Svgs. Acc. No. Sec. Loan Bal.$ Construction Lender/Address Zip ~.5'"',,,5" City State Zip Phone {:~~ Contact Phone (__~). Cko. ACc. NO...5~Z~:~ No. of Loans / Total Loan Bal. $ Unsec. Loan Bal. $ ~' Line of Credit Amount $ ~,,,~ ~ Method of Purchase Authorization: ( ) Writ'ten Purchase Order Only ( ).,,pral Purchase Order From Authorized Person ( ~ No Purchase Order Required, Authorized Person ( ) Other Palm Full Name of Each Person Authorized to Purchase on Account: Please attach addiDd'nal sheet if needed,/~mnges must be submitted in writing. 2 4. Applicant. through its undersigned Principal (s), hereby represents, warrants and agrees: (a) that all purchases by Applicant under Lowe's Business Charge Account ("Account")shall be made SOLELY for business, commercial or industrial purposes and NOT for consumer, personal, family, household (b) that Applicant has read, under- stands and agrees to the terms and conditions of the Business Charge Account Agreement ("Agreement") which is made part of this Application; (c) that all statements and information provided herein (including any atlached Financial Statement) are true and accurate, (d) that Lowe's may check with credit reporting agencies and other sources for information regarding the credit of Applicant and/or the undersigned in connection with this Application, in updating, renewing, or extending credit, or in seek- ing to collect the Account; and (e) that the undersigned is duly authorized to execute this Application on behalf of Applicant and to bind Applicant to the terms and condi- tions of thi~pplication, including the Agreement Name and Nature of Principal ~ela~)n~hip (Please Print) Authorized Principal's Signature AL~r~ed Pri~c~p-ars Signature Name and Nature of Principal Relationship (Please Print) regarding, the Account This guaranty shall remain in effec1 until the Agreement is terminated and all amounts due th~reJ,~pder shall have~n paid X Personal Guarantor's Signature Name (Please Print) Soc Sec # Personal Guaramor's Signature N~me (Please Prml) Soc Sec ~ ~ -' W~t~ess Signature ~We~S ~OPY(please print firmly to transfer to customer copy) 'Date PERSONAL GUARANTY (Do not sign unless you have read and understand Ibis Application and the Agreement!) In consideration of the credit extended and/or to be extended to Applicant under this Application and the Agreement, you jointly, severally, and unconditionally guarantee payment of all amounts due to Lowe's by Applicant under the Agreement (including bul not limited to late charges and costs of collection, including reasonable attorney's tees) without first requiring Lowe's to pursue payment from Applicant or olher guaranlors You agree lo pay Lowe's its costs if any, in enforcing this guaranty including reasonable atlorney's fees You waive any notices regarding this Application. the Agreement or this guaranty You understand and agree that Lowe's may check with credit reporting agencies and other sources of credit information about you in connection with evaluating this guaranty and this Application and in making credit decisions . in full i~'ate *'Dale BUSINESS CHARGE ACCOUNT AGREEMENT Ir lms Lowe's Business Charge Account Agreement ("Agreement's. the words "Lo¢,,e's' 'we'. "us". and "our" refer to Lowe's Home Centers Inc and,or to, v, mcn we have approved an application ("Application") for a Lowe's Business C~arge Account ("Account") with a Credit Limit (as defined Deto,,,) up to S25.000 any person who signed the Application on behalf of such cdc- [omo; and each other person authorized Io make purchases u~o~' 1. ACCOUNT FOR BUSINESS PURPOSES ONLY. Purchases under the Account may be made o~Jy for commerc;a, indusTna~ or other business purposes They ~ay not be made for personal tami~ house. he, id or other consumer purposes Because 1~e Accounl ~s for business pur- pose~ one', ~mpo~ant legal duties and obhgat~ons that apply tc credit accounts are not applicable We cannot delermine Ire m[end~c purpose Of any gwen purchase you charge Io the Account You alone are respons,~ie for assuring tnal the ~count is used only for business purposes 2. AUTHORIZED PURCHASERS. Persons aumorized ~o purchase une~: A~cdn[ are those listed by you on the Application and muse v, no reasonably re~reseat to us t~at they have such authorizat~or, You may c~ange your aumouze~ purchasers by mailing a rewsed list lo our Vice Pres~aem-Crean Management. and the revised list will become eflecbve promptly following our rec,,pt of il J~ the mail 3. CREDIT LIMIT. We have granted your applmation for crem; ur, ce the Acco, urn SUblect to a specified dollar limn CCredn L~m~:"~ You agree to keep lng mtaJ owed to us m any time under The Account w~tmn the Credi', Limit We ma/raise or lower your Credit Limit in our sole dfscre[ion We agree to notib, yo~ o? any change in your Credit Limm if required by apphcabe la,', 4. PROMISE TO PAY. In return for our extending credO; under tn~ yo~ jubail), and severally agree to pay for ali purchases charged by yo~ to Ac~odiY. reoarOiess of v, hether your credi[ line ~5 exceedec and dj, ch.~"~ as described Dolor.. according to the terms of lhfs 5. BILLING TERMS. Our reo~iar billing cycle is the 25ir, of eacr mom~ with ,,.,~,,.e: due and payable net by the lOth of the follo,.,m~ moult You a~ree ~c pay aJ~ amoums charged to the Account on or Defo~ me~r due da~e ~o_ accep~ our oescrlpilve billing s~em of sales invoices and s~ateme~s for ai, purchases under the Account 6. PURCHASE ORDERS If yd, use purchase orders m connea,3~ v. im the A33oum we will try to reflect your purchase order numbers on our Ha,'.sver lhe presence or absence of a purchase order number on our invoices sna: m r,o way affect your obh~a~oc lo pay me ~nvoices Aa/ purchase char¢8¢ tc th~s Accou~ shal; b~ governed saeb b, lng ~erms as= 7, LATE CHARGE. Ii we do nm recewe patroon: m tul, b~ the lO,r, ut n-~ ' ,' fei of :ne Balance Due b), me 25:t, a late charge C ~:e Cr, a/ge'i ,,,;;. RETURNE~CHECKCHARGE ' '- ...... ~ 1C SECUBtT~ INTERESTSILIEHS. We po~s~s~ Ir~Ig:,,~,,-: 5e:L. Ct, ' : a'.'s: -: :narge::.: tre Mt:.-',.-- t",e. 11. DEFAULT. v- ~'~ I' g~;~" ~' ,~: ~:::,~-:, ,,;.. ~: ,~, :~ Lion of this Agreement, (c) exceed the Credit Limit on your Account. (d) have , made a material misrepresentation or misstatement in the Application, financia, zt-~temerx er etho- ,* ....... , ,.,,~.~ ,.o,, .., .......... ,~ ..... ;,,. Application. (e) become the subject of a ~ankrupt~, receive~hip or other insolvency proceeding, or (0 have a writ or order of a~achment, levy or gar- nishment issued against you or your prope~. If you default on the Account, we may (il declare all amounts owed on the Account to be ~mmediatUy due and payable, (ii) lermmae the ~count in which event lhe terms of this Agreement shall continue Io govern until the Account is paid in full, (iii) com- mence a collection action for all amounts owed on the Account, (iv) repossess all goods purchased on the Account and othe~ise foreclose and enforce our Security Interests in accordance with applicable I~. (v) reduce your credit limit and (v) exercise any and all other rights and remedies accorded to us by taw You agree to pay our costs of collection, including a~orney's fees and expenses m me amounl of 15% gl the balance owed on lhe Account or such higher amount as the court having jurisdiction over the collection action may ~etermine 12. CA~CELLMION. You and we each h~ve the right, at any time, to canoe the Account In the event of cancellation, the terms and conditions of the Agreemem snail ~ontinue in effect until ~11 amounts o~a on the ~counl are pad ia full 13. ~RR~]~Y ~I~C[~I~ER. W~ DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FIH~ESS FOR ANY PURPOSE AND ALL OTHER WAR- RANTIES OF ANY NATURE EXCEPT THOSE REFLECTED IN OUR SAL~S INVOICES WE SHALL NO[ BE LIABLE FOR ANY INCIDENTAL OR CONSE- OUENTIAL DAMAGES HOR FOR ANY DAMAGES OR DELAYS CAUSEO BY CIR- CUMSTANCES BEYOND OUR CONTROL INCLUDING. WITHOUT LIMITATION LABOR PROBLEMS. SHORTAGE OF GOODS OR RAW MATERIALS, FIRE. FLO0O WEATHER OR OTHER ACTS OF GOD. 14. RE~URH ~OLICY. All or~ers placeO for non-s~ock gooes are final unless m~ manufacturer or distrib~lor authorizes their relurn. All orOers for slock , goods are hna~ unless we i~ our sole discretion, authorize and accepl thei~ return. You win pa~ us a handling lee and reimburse us for any cos[s we incur In connection with your relurn of OooOs. If we authorize you to return s~oc~ gooOs and they are in good an~ saleable con~ition, we will credit you, Accoum The ~oregomg is our current re[urn poli~ ("Return Policy"). an~ you agree lha~ w~ ma~ at any l~me cha3ge or revoke the Return Policy in ou~ sole discr~hon 15. CR~I~ I~FORM~TIO~. Unless and until the Account is canceled ane p~ia ~n ~ui~ yo~ agree to provide us wilh periodic financial statements an~ yo~ aamorize us ~c mvesligate and obtain credit inlorma]ion about you, eacr prmc~pa, o e. o,vr, ec olhce~ or pa~ner) of the customer with the Accoum eac~ P~rsoca~ G~araq~o~ ol ff~e Accoum i~clu~l~ information from commer- c~ crea,t repo~K~0 companies, consumer creed repo~ln9 companies bank, conslruclmon lenae~ and trade credit references identified o~ your Appi,cahon for lng Account. ar, o such other sources of credit information as we deem appropriate You aid aumooze us [o report credit informahon about lh,s ~%ount lo crea[ repomng compames and others which we believe ma~ la.,f¢1~ receive suer, informallon 16. CREDIT APPROVAL. T~s ADreement shall no~ be eftecbv¢ an: O' uS a,d th5 Ac:gun: sha~; no~ be act;vated until such time as we have aa-se: ,c:u ma: ¢:.' App*l:auon has beer, approved by our Corporate Creg,', Servces Oepaqmen'. 17. GOVERNING LAW. Th,s Agreemem and The Accoum are govemec a¢2 c,)csF.ec ~: accorca:we c,,F, the.laws of the s~ate o' tiger, Caro!~sa ....... O: la, prmap,es~ 18. ASSIGNMENT. We may se[ ~ss,On ~ransfer any or a~ of your 19. ENTIRE AGREEMENT, The Application and this Agreement consht ~ 8;,1 r6 33:9emellf [*e ~','~er you and us regarding me Ac~oun! ant SuparceOa S~b~:': ~'.': m~. a~ a% nm~ an; Subl~cl tO appi,cabi~ ifl~;~ c~a~o~ or adc ,let b, aUF,,c~b,~ la,,, ,'.e ma, appb any change~ or addJllO~a: ter~ lo'tm Presae-,:-Cre:: Semc~: 20, ~lLll~ ~DD~[~S OF L~'s ~1~ P~ESID~T ~f C~EBIT SE~I~S: Lowe'~ Home ~enters. I~c.. P,O. B~ 1111, ~o~h Wilkesb~r~. ~C Attn: Vice President of Credif Services AMERICAN SOFTWARE, INC. CUSTOMER~ 0361334 D & S MECRNICRL & GENERAL CONS MECHRNICSBURG PR TYP: AGE: STAT: SHOW: PRY ACCT BALANCE 3,584.19 S TRN REF NUMBER ? SVC SC0647603 ? SVC SC0673129 ? SVC SC0699368 ? SVC SC0726977 ? SVC SC0751338 ? SVC SC0773806 ? SVC SC0796779 ? SVC SC0819495 ? SVC SC0840228 ? SVC SC0859887 ? SRL ? SRL A/R INQUIRY - OPEN ITEM DETAIL 03/11/82 CURR: USD PAGE: COMP: COM COL DUE HLD SUFFIX : CRED RESP: llG4 CONSOL NO: SEQ: CREFNO FUTURE RMOUNT 6.38 15.58 28.56 31.62 48.61 48 79 42 13 48 79 42 13 42 13 197 41 24 11 0/I CNT 57 ITM DT DUE DT 852581 061981 862581 872801 072581 881981 882581 891981 892581 102881 182581 111901 112581 122001 122501 811982 812582 021982 822582 832282 848588598288 832601 851881 848588598224 832681 851881 3=SUM 5=CI SUM 7=PRY SUM 8=PRY DET 9=AGE 13=SEL ARR140 1 STRRT: CURRENT PRST DUE 42.13 3,542.86 ST DL R DRYS PRY-FROM SUFFIX P8 264 083612 P8 233 003612 P8 203 883612 P7 172 883612 P6 141 883612 P5 111 883612 P4 80 083612 P3 58 883612 P2 19 083612 C 12 883612 P8 304 883612 P8 384 803612 MORE... 15=CR SUM CMD: BMERIC~N SOFTWARE. INC. CUSTOMEr: 8361334 D & S MECANICRL & GENERRL CONS MECHRNICSBURG PR TYP: RGE: STRT: SHOW: PRY RCCT BRLRNCE O/I CNT 3,584.19 57 S TRN ~ SAL ~ SAL ~ SAL ~ SAL ~ SRL ~ SAL ~ SAL ~ SAL ~ SAL ~ SRL ~ SRL ~ SAL R/R INQUIRY - OPEN ITEM DETRIL 83/11/82 CURR: USD P~GE: COMP: COM COL DUE HLD SUFFIX : CRED RESP: ii84 CONSOL NO: 'SEQ: CREFNO FUTURE REF NUMBER ITM DT DUE DT 848588998559 833881 851881 848589398894 848381 851881 848518899598 841881 851881 848518299774 841281 851881 848518878349 841881 851881 848511578945 842581 851881 848511671881 842681 861881 848511771161 842781 861881 848511971355 842981 861881 848513372535 851381 861881 848513472591 851481 861881 RMOUNT 195.78 78.31 38.67 188.17 23.48 46.24 245.45 21.49 41.73 58.53 38.42 24.42 9=RGE 13=SEL 3=SUM 5=CI SUM 7=PRY SUM 8=PRY DET ARR148 2 STRRT: CURRENT PRST DUE 42.13 3,542.86 ST DL R DRYS PRY-FROM SUFFIX P8 384 883612 P8 304 803612 P8 384 883612 P8 304 883612 P8 384 083612 P8 384 8~3612 P8 384 883612 P8 273 883612 P8 273 883612 P8 273 883612 P8 273 883612 P8 273 883612 MORE... 15=CR SUM CMD: flMERICRN SOFTWRRE, INC, CUSTOMER': 8361334 SUFFIX : D & S MECRNIC~L & GENERRL CONS CRED RESP: 1184 MECHRNICSBURG PR CONSOL NO: TYP: RGE: STRT: SHOW: PRY RCCT BRLRNCE O/I CNT 3,584,i9 57 S TRN ? SAL ? SAL ? SAL ? SAL ? SAL ? SAL 7 SAL ? SAL ? SRL ? SAL ? SRL ? SAL INQUIRY - OPEN ITEM DETRIL 83/iI/82 CURR: USD PRGE: COMP: COM COL DUE HLD REF NUMBER ITM DT DUE DT 848513572785 851581 861881 848513672791 851681 861881 848514273346 852281 861881 848514373546 852381 861881 848514473688 852481 861881 848514573716 852581 861881 848515274331 868181 871881 848515274343 868181 871881 848515474522 868381 871881 848515574588 868481 871881 848515574586 868481 871881 848515574597 868481 871881 3=SUM 5=CI SUM 7=PRY SUM 8=PRY DET RRR148 3 SEQ: CREFNO FUTURE RMOUNT 51.39 15.78 25.93 7.81 69.64 14 65 122 66 4 24 14 84 39 91 8 43 3 47 9=RGE 13=SEL STRRT: CURRENT PRST DUE 42.13 3,542.86 ST DL R DRYS PRY-FROM SUFFIX P8 273 883612 P8 273 883612 P8 273 883612 P8 273 883612 P8 273 883612 P8 273 883612 P8 243 883612 P8 243 883612 P8 243 883612 P8 243 803612 P8 243 883612 P8 243 883612 MORE... 15=CR SUM CMD: AMERICAN SOFTWARE. INC. CUSTOMER': 0361334 D & 5 MECRNICAL & GENERAL CONS MECHRNICSBURG PR TYP: AGE: STRT: SHOW: PRY RCCT BRLRNCE O/I CNT 3,584,19 57 S TRN ? SRL ? SRL ? SRL ? SRL ? SRL ? SRL ? SRL ? SRL ? SRL ? SRL ? SRL ? SRL A/R INQUIRY - OPEN ITEM DETAIL 83/11/82 CURR: USD PRGE: COMP: COM COL DUE HLD SUFFIX : CRED RESP: 1184 CONSOL NO: SEQ: CREFNO FUTURE REF NUMBER ITM DT DUE DT 840516275232 861181 071881 040516375379 861281 071881 840516675732 861581 871881 840517476458 862301 871001 048517876791 862701 881081 848517976888 862801 081881 848518977748 878801 881801 048519877793 078901 881001 040519177894 871081 081881 040519177896 071881 881881 840519378111 071281 081081 040519378112 871201 081001 AMOUNT 15.48 67.78 17.45 214.15 42.01 123.56 27.98 8.02 228.59 19.63 108.85 188.85 9=RGE 13=SEL 3=SUM 5=CI SUM 7=PRY SUM 8=PRY DET RRR148 4 STRRT: CURRENT PRST DUE 42.13 3,542.86 ST DL R DRYS PRY-FROM SUFFIX P8 243 803612 P8 243 803612 P8 243 883612 P8 243 003612 P8 212 803612 P8 212 803612 P8 212 883612 P8 212 883612 P8 212 803612 P8 212 003612 P8 212 883612 P8 212 003612 MORE... 15=CA SUM CMD: AMERICAN SOFTWARE. INC. CUSTbMER~ 0361334 D & S MECANICAL & GENERAL CONS MECHANICSBURG PA TYP: AGE: STAT: SNOW: PAY ACCT BALANCE O/I CNT 3,584.i9 57 S TRN ? RET ? SAL ? SAL ? SAL ? SAL ? SAL ? SAL ? SAL ? SAL A/R INQUIRY - OPEN ITEM DETAIL 03/ii/02 AARi40 CURR: USD PAGE: 5 COMP: COM COL DUE HLD SUFFIX : CRED RESP: 1104 CONSOL NO: SEQ: CREFNO FUTURE AMOUNT 108.85- 109 84 78 66 38 28 365 24 14 89 115 76 66 85 38 53 REF NUMBER ITM DT DUE DT 848519378113 871281 881881 848519878538 871781 881881 848519978615 871881 881881 848528378986 872281 881881 848528679233 872581 881881 848528779326 872681 891881 848521379981 888181 891881 848521588899 888381 891881 848521988439 888781 891881 STRRT: CURRENT PRST DUE 42.13 3,542.86 ST DL R DRYS PRY-FROM SUFFIX P8 212 883612 P8 212 883612 P8 212 883612 P8 212 883612 P8 212 883612 P8 181 883612 P8 181 883612 P8 181 883612 P8 181 883612 3=SUM 5=CI SUM 7=PRY SUM END OF PRGING DRTR 8=PRY DET 9=RGE 13=SEL 15=CR SUM CMD: Donald L. Kornfield Attorney for Plaintiff 17 North Church Street Wa~nesboro, PA 17268 (717) 762-8222 or 267-3202 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 DWAYNE A. FICKES, individually and trading as D&S MECHANICAL & GENERAL CONT. Defendants LOWE'S HOME CENTERS, INC. : Plaintiff : VS. : DEIMLER and SCOTT E.: IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH 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 an 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 claims 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. PA Bar Association Lawyer Referral Service P.O. Box 186, 100 South Street Harrisburg, PA 17108 Telephone Numbers: 717-238-6715 1-800-692-7375 (PA only) PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. LOWE'S HOME CENTERS, INC. : Plaintiff : DWAYNE A. DEIMLER and SCOTT E.: FICKES, individually and trading as D&S MECHANICAL a GENERAL CONT. Defendants IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW AMENDED COMPLAINT Plaintiff alleges the following cause of action against Defendants. Plaintiff is Lowe's Home Centers, Inc., a North Carolina corporation authorized to do business in Pennsylvania, having offices located at 6520 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. Defendant Dwayne A. Deimler is a sui juris adult with an address of 300 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant Scott E. Fickes is a sui juris adult with an address of 300 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant D&S Mechanical & General Cont. is a partnership with offices located at 300 Mulberry Drive, Mechanicsburg, Cumberland County, Pennsylvania. Defendant D&S entered into a Business Charge Account Application with Plaintiff, a copy of which is attached hereto as Exhibit A. Defendants Deimler and Fickes signed a Personal Guaranty Agreement on March 13, 2000, a copy of which guaranty is part of the Business Charge Account Application attached hereto as Exhibit A. At various times and at the instance and request of Defendant D&S, Plaintiff supplied materials to Defendant D&S, on open account. A statement of the sums due Plaintiff from Defendants is attached hereto as Exhibit B and made a part hereof. There is due and owing Plaintiff from Defendants the sum of $3,584.19. 10. In spite of repeated demands, Defendants have failed and continue to fail to pay upon the said open account. 11. In the Business Charge Account Application, Defendant D&S agreed to pay 15% attorneys fees or more if incurred by Plaintiff in the event legal action to collect the account became necessary. 12. In the guaranty, Defendants Deimler and Fickes agreed to pay 15% attorneys fees or more if incurred by Plaintiff in the event legal action to collect the account became necessary. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in the amount of $3,584.19, together with 15% attorney's fees of $537.62 for a total of $4,121.81, court costs, expenses, interest and such other damages as may be available at law. Donald L. Kornfie Attorney for Plaintiff I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LOWE'S HOME CENTERS, INC. / llll-'e' BUSINESS CHARGE ACCOUNT APPLICATION For Accounts op to $25.000 with Lowe's Home Centers. loc. Slam# Oc[~)~' Acct.# Hm~e Improvement W,mheu~e and/or The Contractor Yard. loc. Promo Code #. Applicant Name (Full Legal Name) ~ ~'~-~ /J/)/z~/-/,~/~'~/~ / ~/~-~/'~'~ ~ (parent Company) Street Address ~,'~ ~",~]/,,~'/~/~,' .~. City ~/',a',~/,,~L//~AX,,J,~',,? State ~/~ Zip Mailing Address: P.O. Box...._..,,_ City ,. State.__ Zip County AcoountspoyableContact: ."~z:'~ ~,,'~ ,/"/,,~/g'.f2~ PhoneO'/~l~Ext. Fax 0',,'~ '~/,/..v'P'~/~ E-Mall Address Taxpa~r Ideal. No_.~_<"o/(~.x~_/) .?,,~L%- Tax Exempt CO~I. No. CheckDoe: ( )Corporation (,~'~rtnerahi,~_ ( )Soie Pmpdetorehip ( )Do.vemmentAgency ( )Other: Business Type _ __ Year Started ~'Q~' State Incorporated/Organized D&8 Rating. Duns Number Credit Line Requested $ ~ ~,~z~ '" '' (Up to $25.000; attach current Rnsncial Statement if over Please provide the foflowing info(ma/ica on each Principal of Applicant (i.e.. owner, officer, or partner): Name and Address Position Sos[al Security # Phone Has Applicant filed bankruptcy? ( )Yes ( i/)No Is Applicant a defendant in fiending litigation? ( )Yes i~Name of each Principal who has filed bankruptcy: ( o Does Applicant owe any judgment? ( )Yes (~'~ Trade Credit References: Account.., -.~N°' ,?..~re~ Commercial Bank/Address ~"~,~,,,"~,,,"~"',,~',~,~ Ci~ate ~ Zip Contact ~" ~Y'~'~'./( ,/ Phone Svgs. AcC. No. Ckg. Acc. No.~ Sec. Loan Bal.$ ,~' Onset. Loan Bal. Construction Lender/Address C~ty. Contact No. of Loans / Line of Credit Amount $ Terms Phone ( ) State Zip Phone Total Loan Bat. $ Method of Purchase Authorization: ( ) Written Pumhsse Order Only ( )~.Orel Pumhase Order From Authorized poreon (~ No Pumhase Order Required. Authorized Person ( ) Other Print Full Name of Each'Person Authorized to Purchase on Account: Please attach add ~e'nal sheet if needed..gkanges must be submitted in walling 2. 4. Applicant. through its undersigned Pdncipal (s), hereby represents, warrants and agrees: (a) that all purchases by Applicant under Lowe's Business Charge Account ('Account')shall be made SOLELY for business, commercial or industrial purposes and NOT for consumer, personal, family, household (b) that Applicant has read, under- stands and agrees to the terms and conditions of the Business Charge Account Agreement ("Agreement') which is made part of this Application; (c) that all statements and information provided herein (including any attached Financial Statement) are tree and accurate, (d) that Lowe's may check with credit reporting agencies and other soumes for information regarding the credit of Applicant and/or the undersigned in connection with this Application, in updating, renewing, or extending credit, or in seek- ing to collect the Account; and (e) that the undersigned is duty authorized to execute this Application on behalf of Applicant and to bind Applicant to the terms and condi- tions of thi~pplication, including the Agreement. Authorized Principars Signature Au~r~ed Pd~cip-al'S Signature Name and Nature of Pdncipal ~ela~n~hip (Please Prat) Name and Nature of Principal Relationship (Please Print) ~ /Date PERSONAL GUARANTY (Do not sign unless you have read and understand this Application and the Agreement!) in consideration of the credit extended and/or to be extended to Applicant under this Apprication and the Agreement, you jointly, severally, and unconditionally ouarantee payment of all amounts due to Lowe*s by Appticant under the Agreement (including but not limited to late cha~es and costs of collection, including reasonable attorney's fees), without first requiring Lowe's to pursue payment from Appficant or other guaramors You agree to pay Lowe*s its costs, if any, in enforcing this guaranty, including reasonable attorney's fees You waive any notices regarding this Application. the Agreement, or this guaranty. You understand and agree that Lowe's may check with credit reporting agencies and other sources of credit informafion about you in connection with evaluafing this guaranty and this Application and in making credit decisions . regardm9 the Account This guaranty shall remain in eftent until the Agreement is terminated and all '~'~sonal Guarantor's Sig.narure Personal Guaren or s S~gnature Name (Please Print) b,,~ EXHIBIT Name (Please Pnnt) ~ Lowe's COPY(please print fir r copy) LDWE'S' BUSINESS CHARGE ACCOUNT AGREEMENT r tins Lowe's Business Charge Account Agreement (-Agreement' t. the words tlon of this Agreement, (c) exceed the Credit Limit on your Account, (d) hove Lo,,,,e'.~' **we". "us", and "our" refer to Lowe's Home Centers. Inc. ond,or mode a moterial misrepresentotion or misstatement in the Appficotion, financial c, ~;mcn we hove apprOved an application ("Application*! for a Lowe's )usiness Chorge Account ('*Account") with a Credit Limit (as dehoed helo,'d up o S25.000. any person who signed the Applicotion on behalf of such cue* omar and each other person authorized to make purchase.~ unoe' rr, e ~,ccount h ACCOUNT FOR BUSINESS PURPOSES ONLY, )urchases under the Account may be made only for commercia', indusrna~ or ~rner cusmess purposes They may not be made for persona!, family house. IoJd. Or other consumer purposes Because the Accounl ~s lo, business pur- ~ose-~ o%', important legal duties and obligations that apply to Cdr. aurae' :radii accounts are not applicable We connot determine the mtenoec purpose ~I any gwen purchase you charge to the Account You alone are respons, b~ or assuring that the Account is used only for business purposes !. AUTHORIZED PURCHASERS. Persons authorized to purchase unne~ the ~C;.:Cdnt are those listed by you on the Application and those v, bo reasonably epresent to us that they have such authorization You may change your ~utnonzed purchosers by moiling a revised list to our Vice Pres~oent*Crsdn Aanagement. and the revised list will become eHective promptly following our ace;pt of it in the mail. I. CREDIT LIMIT. We have granted your application for credit unoe~ th~ ~;count subject to a specified dollar limit ("Credit bm~t"~ You agree fo keep ne total owed to us at any time under the Account within the Credit Limit We no/raise or lower your Credit Limit in our sole d~scretion We agree to notify ,o;. of any change in your Credit Limit. if required by apphcab~e la,'. I. PROMISE TO PAY, In return for our extending credit under mrs Accoun~ ,o.~ iointly and severally agree to pay for ali purchases charged by y~u to the ~r, counl regardless of whether your credit line is exceedec and all orr. ar :barges as described helot;, according to the terms of this Agreemen~ i. BILLING TERMS. Our regular hilling cycle is the 25th of eacr manth with r~5 balan,'t, es due and payable net by the loth of the follov;~ng mont~ YOu Laree tc pay aP omoums chorged to the Account on or nefore me~r due date. ~o., accep~ our oescnpnve billing system of soles invoices and statements fc~ ~1, purchases under the Account ~, PURCHASE ORDERS If yo~ use purchase orders in connecbo:' v.ith the kscoum, we will try to reflect your purchase order numbers On our ~nvoices 4nc. ever the presence or absence of a purchaee order numoer on our invoices ,ha,: pr. no wa>, affect your obhgataon to pay the ~nvoices An.,' purchase :hargoc to th~s Account shall be go,,erned solely b~ me terma an: cond~x,b~5 !, LATE CHARGE. II we do not receive pa/mar,: tn lui, ~ RETURNED CHECK CHARGE. t',e n;ay ~mpo~ a lC SECURITY INTERESTS/LIENS. We p~ssess t!~e f:~ho, .'C se;x.,,h inre'. Application. (e) become the subject of a bankruptcy, receivership or other insolvency proceeding, or (f} have a writ or order of attachment, levy or gar- nishment issued againsl you or your property, If you detault on the Account, we may ti) declare all amounts owed on the Account to be immediately due and payable, (ii) terminate the Account in which event the terms of this Agreement shall continue to govvern until the Account is paid in full, {iii) com- mence a collection action for all amounts owed on the Account, (iv) repossess all goods purchased on the Account and otherwise foreclose and enforce our Secunty Interests In accordance with applicable law. tv) reduce your credit limd, and tv) exemise any and ali other rights and remedies accorded to us by law You agree to pay our costs of cofiection, including attorney's tees and expenses m the amount of 15% of the balance owed on the Account or such higher amount as the court having jurisdiction over the collection action may determine 12. CANCELLATION. You and we each have the right, at any time, to canoe the Accounl In the event of cancellation, the terms and conditions of the Agreement shall continue in effect until all amounts roved on .the Account are pa,d in full. 13, WARRANTY DISCLAIMER. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE AND ALL OTHER WAR- RANTIES OF ANY NATURE EXCEPT THOSE REFLECTED IN OUR SALES INVOICES WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSE- QUENTIAL DAMAGES NOR FOR ANY DAMAGES OR DELAYS CAUSED BY CIR* CUMSTANCES BEYOND OUR CONTROL. INCLUDING, WITHOUT LIMITATION LABOR PROBLEMS, SHORTAGE OF GOODS OR RAW MATERIALS, FIRE. FLOOD WEATHER OR OTHER ACTS OF GOD. 14. RETURN POLICY, All orders placed for non-stock goods are final unless the manufacturer or distributor authorizes their return. Ail orders for Stock goods are final unless we in our sole riiscretion, authorize and accept thai: return You will pay us a handling fee and reimburse us for any costs we incur in connection with your return of goods. If we authorize you to return stock goods and they are in good and saleable condition, we will credit your Account The toregmng is our current return policy ("Return Policy"), and you agree that we may, at any time. change or revoke the Return Poli~ in our sole discretion 15. CREDIT IHPOHMATIOH. Unless and until the Account is canceled and peiu in full. you agree to provide us wilh periodic financial statements, and you authorize us tc ~nvesligate and obtain credit information about you, eaoP prmc~pa; t, e. o,':ner officer or partner) of the customer with the Account. and eacn Persoca~ Guaraator of the Account. including information from commer. c~a credq repornng companiea, consumer credit reporting companies the bank. construcnon lender aha trade credit relerences idenUhed on your Appl~cauon for the Account. and such other sources of credit information as we deem appropriate You died authorize us lo report credit information about tl~,5 ;,,%cunt to credit reporting companies and others which we believe ma~ 16, CREDIT APPROVAL. Tins Agreement shaft not be effective and bu~du';, o' ~s a',d th.~ Ac;,uun: shali not be activated until such time as we have dU.,Sea :c~ ina: y:..,, Appil;atlon has been opproved by our Corporal.~ Cred,l 17. GOVERNING LAW. This Agreement and the Account are governec 18. ASSIGNMENT. We n;av sCi, ass,po transfer any or all oI your Act:gun: 19, ENTIRE AGREEMENT. The Application and Ih~s Agreemen! consrdu:e 20. MAILING ADDRESS OF Lowe's VICE PRESIDENT of CREDIT SERVICES: Lowe',. Home Centers, Inc., P.U, Box 1111. North Wilkeshoro. NC 28656, Attn: Vice Presidenl of Credit Services AMERICAN SOFTWARE, INC. A/R INQUIRY - CUSTOMER: 8361334 SUFFIX : D & S MECANICAL & GENERAL CONS CRED AESP: MECHANICSBURG PR CONSOL NO: TYP: AGE: STAT: SHOW: PAY SEQ: RCCT BALANCE O/I CNT FUTURE 3,584,19 57 S TAN REF NUMBER ITM DT DUE DT ? SVC SC8647683 852581 861981 ? SVC 5C8673129 862581 872881 ? SVC 5C8699368 872581 881981 ? SVC 5C8726977 882581 89i981 ? SVC SC8751338 892581 182881 ? SVC 5C8773886 182581 111901 ? SVC 5C8796779 112581 122901 ? SVC 5C8819495 122581 811982 ? 5VC 5C0848228 812582 821982 ? SVC 5C8859887 822582 832282 ? SAL 848588598288 832681 851881 ? SRL 848588598224 832601 851881 OPEN ITEM DETRIL 83/11/02 RRR148 CURR: USD PAGE: 1 COMP: 1184 COM COL DUE HLD CREFNO AMOUNT 6 38 15 58 28 56 31 62 48 61 40 79 42 13 40.79 42.13 42.13 197.41 24.11 3=SUM 5=CI SUM 7=PRY SUM 8=PRY DET 9=RGE 13=SEL START: CURRENT PRST DUE 42.13 3.542.86 ST DL R DRYS PRY-FROM SUFFIX P8 264 883612 P8 233 883612 P8 283 883612 P7 172 883612 P6 141 883612 PS 111 O83612 P4 80 883612 P3 58 883612 P2 19 883612 C 12 083612 P8 384 8~3612 P8 384 883612 MORE... 15=CR SUM CMD: RMERICRN SOFTWRRE, INC. CUSTOMER: 0361334 D & S MECRNICRL & GENERRL CONS MECHRNICSBURG PR TYP: RGE: STRT: SHOW: PRY R/R INQUIRY - OPEN SUFFIX : CRED RESP: 1104 CONSOL NO: 'SEQ: CREFNO FUTURE RMOUNT 195,78 78.31 30.67 I80.17 23.40 46.24 245.45 21.49 41.73 58.53 38.42 24.42 RCCT BRLRNCE 0/I CNT 3,584.19 57 TRN REF NUMBER ITM DT DUE DT SRL 040508998559 033~ ~SI~O1 ~ SRL ~4~5~9398894 04~301 ~51~1 ~ SRL 84~510099572 ~41001 ~51~1 ~ SRL ~48518~99598 041~1 ~ SRL 84B510299774 841281 ~510~L Y SRL ~4~51~87~349 04~8~1 7 SRL ~4051157~945 8425~1 ~51~01 ~ SRL 848511671~81 8426~1 061~1 SRL ~4~511771161 ~42781 8618~1 SRL 848511971355 0429~1 ~61~1 ? 5RL ~48S13372535 851381 ~61~1 ? SRL ~40513472591 0514~1 ~61081 ITEM DETRIL 03/11/~2 CURR: USD PRGE: COMP: COM COL DUE HLD STRRT: CURRENT 42.13 ST DL R DRYS PRY-FROM P8 3~4 ~3612 RRR140 2 3=SUM 5=CI SUM PRST DUE 3,542.96 SUFFIX P8 3~4 003612 P8 3~4 ~03612 P8 384 ~3612 P8 384 ~3612 P8 3~4 ~83612 P8 304 e03612 P8 273 0~3612 P8 273 8~3612 P8 273 8~3612 P8 273 ~e3612 P8 273 e~3612 7=PRY SUM 8=PRY DET 9=RGE 13=SEt 15=CR SUM MORE... CMD: RMERICRN SOFTWRRE, INC. R/R CUSTOM'R:~ 0361334 D & S MECRNICRL & GENERBL CONS MECHRNICSBURG PR TYP: PGE: 5TRT: SHOW: PRY RCCT 3,584.19 S TRN REF NUMBER ~ SRL 040513572705 ~ SRL 04051367279i ~ SRL 040514273346 ? SRL 040514373546 ~ SRL ~4~5144736~ ~ SRL 04~514573716 ? SRL ~4~515274331 SRL ~40515274343 SRL 04~515474522 SRL ~4~51557458~ SRL ~4~515574586 SRL ~40515574597 BRLRNCE O/I CNT 57 ITM DT DUE DT ~515~1 8618~1 051601 ~61881 ~522~1 061~01 ~523~1 ~618~1 852401 861881 052581 061881 86~181 8710~1 860181 871801 068381 8718~1 0684~1 ~71881 06~4~1 ~71~1 ~6~401 071881 INQUIRY SUFFIX : CRED RESP: CONSOL NO: SEQ: FUTURE - OPEN ITEM DETRIL ~3/11/~2 CURR: USD PRGE: COMP: 1184 COM COL DUE HLD CREFNO RMOUNT S1.39 15.70 25.93 7.01 69.64 14.65 122.66 4.24 14.84 39.91 8.43 3.47 STRRT: CURRENT 42.13 ST DL R DRYS PRY-FROM P8 273 ~3612 ARR14~ 3 3=SUM 5=CI SUM 7=PRY SUM PRST DUE 3.542.e6 SUFFIX P8 273 ~3612 P8 273 0~3612 P8 273 ~3612 P8 273 ~3612 P8 273 003612 P8 243 0~3612 P8 243 ~3612 P8 243 ~3612 P8 243 003612 P8 243 0~3612 P8 243 003612 8=PRY DET 9=RGE 13=SEL 15=CR SUM MORE... CMD: RMERICRN SOFTWRRE, INC. CUSTOMER: 8361334 D & S MECRNICRL & GENERRL CONS MECHRNICSBURG PR TYP: RGE: STRT: SHOW: PRY R/R INQUIRY - OPEN ITEM SUFFIX : CRED RESP: 1184 CONSOL NO: SEQ: CREFNO RCCT BRLRNCE O/I CNT FUTURE 3,584,19 57 S TRN REF NUMBER ITH DT DUE DT RHOUNT ? SRL 848516275232 861101 871881 15.48 ? SRL 848516375379 861281 871881 67.78 ? SRL 840516675732 861501 871881 17.45 ? SRL 848517476458 862381 871881 214.15 ? SRL 840517876791 862781 881881 42.01 ? SRL 848517976888 862881 881881 123.56 ? SRL 840518977740 870881 881881 27.98 ? SRL 840519~77793 878981 081881 8.82 ? SRL 048519177894 8718~1 881881 228.59 ? SRL 848519177896 871881 8818~1 19.63 ? SRL 840519378111 071281 881881 188.85 ? SRL 848519378112 871281 881881 188.85 3=SUM 5=CZ SUM 7=PRY SUM 8=PRY DET 9=RGE 13=SEL DETRIL 83/11/G2 RRR140 CURR: USD PRGE: 4 COMP: COM COL DUE HLD STRRT: CURRENT PRST DUE 42.13 3,542.86 ST DL R DRYS PRY-FROM SUFFIX P8 243 883612 P8 243 803612 P8 243 883612 P8 243 883612 P8 212 883612 P8 212 883612 P8 212 883612 P8 212 883612 P8 212 883612 P8 212 803612 P8 212 883612 P8 212 883612 MORE.,. 15=CR SUM CMD: RMERICRN SOFTWRRE, INC. CUSTOMER: 0361334 D & S MEC~NIC~L & GENERRL CONS MECHRNICSBURG PR TYP: RGE: STRT: SHOW: PRY RCCT BRLRNCE O/I CNT 3,584.19 57 S TRN REF NUMBER ITM DT DUE DT ? RET 040519378113 071201 081~01 ? SRL 04051987853~ 071701 081~1 ? SRL 04~519978615 ~718~1 081~01 ? SRL 040520378986 072201 0810~1 ? SRL ~4~52~679233 0725~1 ~81~1 ? SRL 040520779326 ~726~1 0910~1 ? SRL 040521379981 ~801~1 091~1 ? SRL ~4~52158~099 ~80301 091~1 ? SRL ~4~52198~439 ~8~701 091~01 INQUIKY SUFFIX : CRED RESP: CONSOL NO: SEQ: FUTURE - OPEN £1~H OETflIb ~3/LZ/~Z CURR: USD PRGE: COMP: COM COL DUE HLD CREFNO STRRT: CURRENT 42.13 RMOUNT ST DL R DRYS PRY-FROM 1~8.85- P8 212 ~03612 1~9.84 P8 212 ~03612 78.66 P8 212 ~3612 30.28 P8 212 ~03612 365.24 P8 212 ~03612 14.89 P8 181 ~3612 115.76 P8 181 ~03612 66.85 P8 181 0~3612 38.53 P8 181 803612 5 PRST DUE 3,542.~6 SUFFIX 3=SUM 5=CI SUM 7=PRY SUM END OF PRGING DRTR 8=PRY DET 9=RGE 13=SEL 15=CR SUM CMD: SHERIFF'S RETURN - CASE NO: 2002-01577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWE'S HOME CENTERS INC VS DEIMLER DWAYNE A ET AL REGUIJkR RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DEIMLER DWAYNE A the DEFENDANT , at 1116:00 HOURS, at 300 MULBERRY DRIVE MECHANICSBURG, PA 17055 SCOTT E FICKES on the 26th day of April , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34 .21 Sworn and Subscribed to before me this /~.~ day of ~ ~rothonotary ' So Answers: R. Thomas Kline 04/29/2002 DONALD KORNFIELD Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-01577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWE'S HOME CENTERS INC VS DEIMLER DWAYNE A ET AL REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FICKES SCOTT the DEFENDANT , at 1116:00 HOURS, at 300 MULBERRY DRIVE MECHANICSBURG, PA 17055 SCOTT E FICKES on the 26th day of April , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~- day of ~ ~ A.D. / /Prothonotary ' ~ ' So Answers: R. Thomas Kline 04/2S/2002 DONALD KORNFIELD By: Deputy Sheriff SHERIFF'S RETURN - CASE NO: 2002-01577 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LOWE'S HOME CENTERS INC VS DEIMLER DWAYNE A ET AL REGULAR RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon D & S MECHANICAL & GENERAL CONT the DEFENDANT , at 1116:00 HOURS, at 300 MULBERRY DRIVE MECH3LNICSBURG, PA 17055 SCOTT E FICKES, PART OWNER on the 26th day of April , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /~ day of ~ ~2~2~ A.D. ! Prothonotary So Answers: R. Thomas Kline 04/29/2002 DONALD KORNFIELD By: LOWE'S HOME CENTERS, INC. : Plaintiff : : VS. DWAYNE A. DEIMLER and SCOTT E.: FICKES, individually and : trading as D&S MECHANICAL & : GENERAL CONT. Defendants : IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW #02-1577 Civil Te~m PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To the Prothonotary: Enter judgment in the above-captioned matter in favor of Plaintiffand against Defendants by default for failing to plead within the required time to the complaint which was endorsed with the proper notice to plead. Assess damages in the amount of $4,121.81 with interest and costs in favor of Plaintiff and against Defendants. Date: May 29, 2002 LOWE'S HOME CENTERS, INC. : Plaintiff : : VS. : : DWAYNE A. DEIMLER and SCOTT E.: FICKES, individually and : trading as D&S MECHANICAL & : GENERAL CONT. Defendants : IN THE COURT OF CO~ON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW #02-1577 Civil Term AFFIDAVIT OF SERVICE I hereby certify that pursuant to Rule 237.1 of Pennsylvania R.C.P., I have given the requisite notice of entry of default judgment often days and that the filing ofa praecipe for a default judgment is offered to the Prothonotary more than ten days after the mailing of the aforesaid notice to Defendants in the above-captioned matter. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Donald L. Kornfield Attorney for Plaintiff 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 or 267-3202 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 LOWE'S HOME CENTERS, INC. Plaintiff DWAYNE A. FICKES, individually and trading as D&S MECHANICAL & GENERAL CONT. Defendants : : : VS. : : DEIMLER and SCOTT E.: : : : IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW #02-1577 Civil Term TO: DATE: Dwayne A. Deimler, individually and trading as D&S Mechanical General Cont. May 17, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PA Bar Association Lawyer Referral Service P.O. Box 186, 100 South Street Harrisburg, PA 17108 Telephone Numbers: 717-238-6715 1-800-692-7375 (PA only) PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. --, '~'"'~':~'~ ~'~ Donald L. Kornfield Attorney for Plaintiff Donald L. Kornfield Attorney for Plaintiff 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 or 267-3202 FAX 762-6544 don@kornfield.net Atty. I.D. #19242 LOWE'S HOME CENTERS, INC. Plaintiff VS. DWAYNE A. DEIMLER and SCOTT E.: FICKES, individually and : trading as D&S MECHANICAL & : GENERAL CONT. Defendants : IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY BRANCH : CIVIL ACTION - LAW #02-1577 Civil Te&m TO: DATE: Scott E. Fickes, individually and trading as D&S Mechanical General Cont. May 17, 2002 IMPORTANT NO TI CE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PA Bar Association Lawyer Referral Service P.O. Box 186, 100 South Street Harrisburg, PA 17108 Telephone Numbers: 717-238-6715 1-800-692-7375 (PA only) PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .~ ~'~ ~ Donald L. Komfield Attorney for Plaintiff LOWE'S HOME CENTERS, INC. : Plaintiff : : : : DWAYNE A. DEIMLER and SCOTT E.: FICKES, individually and : trading as D&S MECHANICAL & : GENERAL CONT. Defendants : IN THE COURT OF CO~ON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW #02-1577 Civil Term NOTICE OF FILING DEFA UL T JUDGMENT TO: Dwayne A. Deimler ( ) Notice is hereby given that judgment in the above-captioned matter has been entered against you on the .,~tay of r~_!a~r ,2002, in the amount of $4,121.81. ( ) A copy of all documents filed with the Prothonotary in support of this matter are enclosed. If you have any questions regarding this Notice, please contact the filing party: Donald L. Komfield, Esq. 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 NOTICE MAILED: Prothonotary LOWE'S HOME CENTERS, INC. : Plaintiff : : VS. : : DWAYNE A. DEIMLER and SCOTT E.: FICKES, individually and : trading as D&S MECHANICAL & : GENERAL CONT. Defendants : IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW #02-1577 Civil Te~LL NOTICE OF FILING DEFA UL T JUDGMENT TO: Scott E. Fickes ( ) Notice is hereby given that judgment in the above-captioned matter has been entered against you on the ~t/.day of .]'~_~ / ,2002, in the amount of $4,121.81. ( ) A copy of all documents filed with the Prothonotary in support of this matter are enclosed. Prothonotary If you have any questions regarding this Notice, please contact the filing party: Donald L. Kornfield, Esq. 17 North Church Street Waynesboro, PA 17268 (717) 762-8222 NOTICE MAILED: Prothonotary LOWE'S HOME CENTERS, INC. : Plaintiff : : VS. : : DWAYNE A. DEIMLER and SCOTT E.: FICKES, individually and : trading as D&S MECHANICAL & : GENERAL CONT. Defendants : IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY BRANCH CIVIL ACTION - LAW #02-1577 Civil Term PRAECIPE TO THE PROTHONOTARY: Kindly mark the above-captioned matter satisfied for value received. Attorney for Plaintiff Date: September 4, 2002