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Home My WebLink About06-3385ACCU-WELD, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. D(p - (21uc L?Z? Yl • 1 SIDING WINDOW WAREHOUSE PLUS, INC. and CIVIL DIVISION - LAW MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 ACCU-WELD, LLC, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. D(. - 33 gS (2IV, L??/? 1 SIDING WINDOW WAREHOUSE PLUS, INC. and CIVIL DIVISION - LAW MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE Defendants COMPLAINT The Plaintiff, ACCU-WELD, LLC, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the Defendant to recover the sum of ONE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS AND SEVENTY-SIX CENTS ($178,539.76), along with interest thereon at the statutory rate from June 5, 2006, upon a cause of action of which the following is a statement: The Plaintiff, ACCU-WELD, LLC, is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 1211 Ford Road, Bensalem, Pennsylvania 19020. 2. The Defendant, SIDING WINDOW WAREHOUSE PLUS, INC., doing business as SIDING WINDOW WAREHOUSE PLUS NE, is a corporation organized and existing underthe laws of the Commonwealth of Pennsylvania, having its principal office and place of business at 469 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant, MID HUDSON BUILDING PRODUCTS, INC., doing business as SIDING WINDOW WAREHOUSE PLUS NE, is a corporation organized and existing under the laws of the State of New York, having F:\USER\R0BIN\CCP&D1 CMPS\CCP COMPLAINTS\ACCUWELD.32404.wpd:131un06 R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor of OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 01/29/07 RONNY R. ANDERSON Chief Deputy JODY S. SMITH Real Estate Sergeant -4 i LL?? ACCU-WELD, LLC a- Vs' Siding Window Warehouse, Plus, Inc., Mid Hudson Building Products, Inc., both D/B/A Siding Window Warehouse Plus NE, Michael Palson, P/G for Siding Window Warehouse Plus, Inc., Mid Hudson Building Products, Inc., both DB/A Siding Window Warehouse Plus NE Writ No. 2006-3385 Civil Term Property Claim Determination Dear Sir, Reference is made to Property Claim dated January 19, 2007, entered by Michael Palson, pertaining to Writ of Execution No. 2006-3385 Civil Term, ACCU-WELD, LLC -vs- Siding Window Warehouse Plus, et. al. R. Thomas Kline, Sheriff, has determined that the claimant, Michael Palson, in the above mentioned property claim, is not the owner of the property set forth therein. So r Thomas R. Kline, Shcnff B XR, cc Robert Kodak, Atty for Pltff Siding Window Warehouse Plus, et. al., Deft. Michael Palson, Claimant Jan.19. 2007 4:55PM Cumberland Co. Sheriff PROPERTY CLAIM No. 9516 P, 2 In the Court of Common Pleas of Cumberland County, Peunsylvania Writ No., rWCV 0 4 " y2x, TO TOE SHERIFF 00 CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied.uptm in this case is not the property of the defendant, but is the property of 01c uudassigned. A list of the claimed property and the values thereof arc: LIFT OF PROPERTY ?1?a0 12 THE Da*tt Statc:of Pennsylvania: county of C mim i T HS w eC ' above list iu the property claim are correct and Mae. Swo and subscn`b to before me Thk l .°) day of, \(I V11 A /I f-d being duly sworn deposes and says that the .)`1!;MQ atiWEALTH OF PENNSYLVWA NOTARIAL SEAL KATHRYN E. BERILLA, Notary Pubilc Boro of Carlisle, Cumberlan, County My Commission Expires Or.. ?0, 201'0 SOW G, R. THOMAS KLINE Sheriff EDWARD L. SCHORPP Solicitor of Cumb'e", ?d OFFICE OF THE SHERIFF One Courthouse Square Carlisle, Pennsylvania 17013 01/29/07 RONNY R. ANDERSON Chief Deputy 60DY?'S? SMIT-H Real Esi Ser nt -p Frl r rn ACCU-WELD, LLC - Vs Siding Window Warehouse, Plus, Inc., Mid Hudson Building Products, Inc., both DB/A Siding Window Warehouse Plus NE, Michael Palson, P/G for Siding Window Warehouse Plus, Inc., Mid Hudson Building Products, Inc., both DB/A Siding Window Warehouse Plus NE Writ No. 2006-3385 Civil Term Property laim Determination Dear Sir, Reference is made to Property Claim dated January 19, 2007, entered by Angela S. Palson, pertaining to Writ of Execution No. 2006-3385 Civil Term, ACCU-WELD, LLC -vs- Siding Window Warehouse Plus, et. al. R. Thomas Kline, Sheriff, has determined that the claimant, Angela S. Palson, in the above mentioned property claim, is not the owner of the property set forth therein. So Thomas R. Kline, Sh By _0jcLjjA i cc Robert Kodak, Atty for Pltff Siding Window Warehouse Plus, et. al., Deft. Angela S. Palson, Claimant Jan. 19. 2007 4:55PM Cumberland Co, Sheriff No. 9516 P. 2 PROPERTY CLAIM In the Court of Comtnon Pleas of Cumberland County, Pennsylvania ' Writ No. ?'7 D?? - ,3•3?? I 4lQ? rc 144f TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA The property listed below and levied-upon in this case is not 1.e propzriy of the defendant, but is the plop aty of the undersigned. A list of the claimed prropaq and the values thereof arc: THE CLABIA1NT 033T AS FOLLOWS: Da*w Claimant Statc:of Pennsylvania: ' County of Cumberland A being duly sworn according to law, deposes and says that the above list in the property claim are correct and true. Sworn and subscnib d to before me ,oZ ??' C 'phi day of tA u (Z? No Public E:0:slIe, PAONWEALi'hi OF w>:NNS'uLVANtA TARIAL SEAL BERILLA, Notary Public Cumberland C Zt)1 on Expiras Oct. 20, its principal office and place of business at 469 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. The Defendant, MICHAEL PALSON (hereafter "Palson"), personal guarantorfor SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC., both doing business as SIDING WINDOW WAREHOUSE PLUS NE, is an adult individual with an address of 469 East North Street, Carlisle, Cumberland County, Pennsylvania 17013. COUNTI ACCU•WELD v SIDING WINDOW WAREHOUSE PLUS. INC. D/B/A SIDING WINDOW WAREHOUSE PLUS NE 5. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 4 of Plaintiffs Complaint, the same as if fully set forth at length herein. On or about March 30, 2005, Defendant obtained credit from Plaintiff by entering into a Dealer Account Application and Representations, together with Personal Guaranty, thereby creating the contract in question. A true and correct copy of said March 30, 2005 Dealer Account Application and Representations and Personal Guaranty is attached hereto, marked Exhibit "A" and made a part hereof. 7. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's Dealer Statement of Account attached hereto, marked Exhibit "B" and made a part hereof, Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of One Hundred Forty Eight Thousand Seven Hundred Eighty-Three Dollars and Thirteen Cents ($148,783.13). 8. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to P:AUSER\ROBINVCCP&D) CMPSVCCP COMPLAINTSVACCUWELD.32404.wpd:07JunO6 Plaintiff. 9. The balance due and owing by Defendant to Plaintiff is the sum of One Hundred Forty Eight Thousand Seven Hundred Eighty-Three Dollars and Thirteen Cents ($148,783.13) as appears on Exhibit "B". 10. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 11. Due to the default of Defendants, and pursuant to the terms and conditions of the Credit Applications and Personal Guarantees executed by Defendant attached at Exhibit "A", attorney's fees in the total amount of Twenty-Nine Thousand Seven Hundred Fifty-Six Dollars and Sixty-Three Cents ($29,756.63) have been added to said account. 12. Plaintiff frequently demanded paymentfrom Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of ONE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS AND SEVENTY-SIX CENTS ($178,539.76), along with interest thereon at the statutory rate from June 5, 2006. COUNT II ACCU-WELD v. MID HUDSON BUILDING PRODUCTS INC. D/B/A SIDING WINDOW WAREHOUSE PLUS NE 13. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 12 of Plaintiffs Complaint, the same as if fully set forth at length herein. F:\USER\ROBIMCCP&DJ CMPS\CCP COMPLAINTS\ACCUWELD.32404.wpd:07J=06 14. On or about November 4, 2004, Defendant obtained credit from Plaintiff by entering into a Dealer Account Application and Representations, together with Personal Guaranty, thereby creating the contract in question. A true and correct copy of said March 30, 2005 Dealer Account Application and Representations and Personal Guaranty is attached hereto, marked Exhibit "C" and made a part hereof. 15. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiff's Dealer Statement of Account attached hereto as Exhibit "B", Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of One Hundred Forty Eight Thousand Seven Hundred Eighty-Three Dollars and Thirteen Cents ($148,783.13). 16. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to Plaintiff. 17. The balance due and owing by Defendant to Plaintiff is the sum of One Hundred Forty Eight Thousand Seven Hundred Eighty-Three Dollars and Thirteen Cents ($148,783.13) as appears on Exhibit "B". 18. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 19. Due to the default of Defendants, and pursuant to the terms and conditions of the Credit Applications and Personal Guarantees executed by Defendant attached at Exhibits "A" and "C", attorney's fees in the total amount of Twenty-Nine Thousand Seven Hundred Fifty-Six Dollars and Sixty-Three Cents ($29,756.63) have been added to said account. Ft\USER\ROB{N\CCP&D) CMPS\CCP COMPLAINTSWCCUWELD.32404.wpd:07)unD6 5 20. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of ONE HUNDRED SEVENTY EIGHT THOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS AND SEVENTY-SIX CENTS ($178,539.76), along with interest thereon at the statutory rate from June 5, 2006. COUNT III ACCU WELD v MICHAEL PALSON personal guarantor for SIDING WINDOW WAREHOUSE PLUS INC and MID HUDSON BUILDING PRODUCTS, INC. BOTH D/B/A SIDING WINDOW WAREHOUSE PLUS NE 21. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 20 of Plaintiffs Complaint, the same as if fully set forth at length herein. 22. On or about November 4, 2004 and March 30, 2005, Defendant Palson obtained credit from Plaintiff by entering into a Dealer Account Application and Representations, together with Personal Guaranty, thereby creating the contracts in question. True and correct copies of said Credit Applications and Personal Guarantees are attached hereto as Exhibits "A" an d"C". 23. On the dates, in the amounts, and for the prices set forth in a true and correct copy of the Plaintiffs Dealer Statement of Account attached hereto as Exhibit "B", Plaintiff, at the special instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and description set forth on said Exhibit to the total amount of One Hundred Forty Eight Thousand Seven Hundred Eighty-Three Dollars and Thirteen Cents ($148,783.13). 24. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal and market prices therefor and were the prices which the Defendant orally promised and agreed to pay to F:\USER\ROBM\CCP&Dl CMPS\CCP COMPLAINTSWCCUWELD.32404.wpd:07)un06 Plaintiff 25. The balance due and owing by Defendant to Plaintiff is the sum of One Hundred Forty Eight Thousand Seven Hundred Eighty-Three Dollars and Thirteen Cents ($148,783.13) as appears on Exhibit "B" 26. Plaintiffs Invoices are not attached to this pleading due to the voluminous nature of same and have previously been provided to Defendant. 27. Due to the default of Defendants, and pursuant to the terms and conditions of the Credit Applications and Personal Guarantees executed by Defendant attached at Exhibits "A" and "C", attorney's fees in the total amount of Twenty-Nine Thousand Seven Hundred Fifty-Six Dollars and Sixty-Three Cents ($29,756.63) have been added to said account. 28. Plaintiff frequently demanded payment from Defendant of said amount due and owing as aforesaid, but Defendant refused and neglected and still refuses and neglects to pay said amount or any part thereof. WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of ONE HUNDRED SEVENTY EIGHTTHOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS AND SEVENTY-SIX CENTS ($178,539.76), along with interest thereon at the statutory rate from June 5, 2006. Respectfully submitted, KNUPP, KODPX?WIMBLUM,eC. Robert D. Kodak, Esquire 407 North Front Street Post Office Box #11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney ID No. 18041 Attorney for Plaintiff F:\USER\ROBtN\CCP&DI CMPS\CCP COMPLAINTS\ACCUWELD.32404.wpd:073un06 06/07/2006 13:23 06/05/2006 15:38 7327470093 0006000000 THE NOTTE AGY PAGE 03/04 PAGE 02/02 RequBSted /??? N • 1??? n`1/ Cillih ?,/`'S1J NM Arch A & MOOR ST57EWd A'v " / 4xnacnamenvo 1211 Ford Road 9 W&Wem, PA 19020.800+782.6347 • FAX: (215) 245.5672 a E-Mdh 8M0 MU-nid.COM uztkm fJAGUIA I ~ t ausr t? ADOM: 4 ?! E.Nor4% Str r+ TQr1iS1t DA 1?4 t3 T- PLVKM UUSNM ADQW6 (IFMM: UfA am= ' DASISth45 WANSHM E4ML it1 Slddng Y8 , sgtES rnx M &W PAS U NO IF YES, IM.FFAASE INCLUDE CERTIFICATE a SOLE OWNER PART OW11) OWORA110N WM1E OF MNQ%L4; TO HOME ADDRESS TELM40W O9W icl Z...l ttls(?? 0 0 0 fat,?t?, ?Hx ?I I F I++ ?I?FA ArrhM M For the purposed scoring file extension of cmditfmmA?xuAidL.L.C., the underaigned nprevente and wstrarb tell do sWoments made and Iafomrador contained herein, and Who F]raatdel SMIUW4 Aapyarowbmived herewith, are complete, co riaf, and true, wtilt the intent thei strict relkmcebe placed themnn i the hashfortheextensionandmmkiuadonoFeMilaaonmadatbtutoglenederalpxd. '? ?"• The irdormation as sel bib in said auMIW Financial StatamsM 0closexthe truesfah of the anaereigrted,s fineacm condition as of thadate thereof. Sinn that fimr !hare has been an materiel adverse clump in Onmacial condition, and Vary such adverse chance gccum, or On change in business organization, Principals at ofikcn tales place, notice thenofeall be O vest bbyycertifhd marl. Ural such notice Is received, said Financial Statement Is to be reprded as a continuing statement, mild. new and oddnal statement applicable to no and every credittr*cbw. The underveed hereby aVw that in the event I* aeOon is inatholed to enhace payment of the amount data pMgdnt to such iteration of Cred14 tie undamped sW be liableforall attmmey's tees, ocats, and wperwem of collection, m well as infivestal dw rate of 1-1/291 per monde from the date the original amrwrr wasdue. TheundeniptedPortherroprerentsthaltherearenowood lodgmenta, oropenaccountsmorethaneinetydaysPost due, nuafatmihtgageimlfheuademigmed. attcn[knwT111 eande signedsgrecsto beefill?regX=61e for l6tat:OVityty "1211 salapenoneel, !hot alldaf amt prapar aaOingprxti?eswAl be followed and that immedialt b'nm "s amine,vVOrkmaadtfpoespksrepreaeNatirea. This Is you authority to aid my bank and other rekrenea listed hereon to vaifymy FlnaoeW slarklog. FLrdw my stnawm authorlaes soy bank, lendlrg inathutlon, car xuppRar to release finanrirJ nhumation i regatred to eetabik:h eonnaet i have mad and agree withlbrnm and Conditions primed an the reverse of this application. Tleit bygdomrst edge aandagraesthat byieadingbelowiaYshe/theyimpersonally andIndividually li?WeInrallpaymentsdueloAceu•1Nalc L.L.C.IMMMd the eanrlCooditkme Ibis credit 2pplicalfw. Thisguarenleeieon?doradandcontiming. Dette: ?" ?.? Date: Print Name !?f 46 Print Mme Signature A ? "/ • IdermificatF oowW twos : (ssa, Davaas tlG) SUBJECT' TO _ RlvaRSE SDE 06/07/2006 13:23 06/05/2006 16:10 7327470093 0800000008 THE NOTTE AGY TTTTTTTTT TERMS AND CONDIMNS OF SALE PAGE 04/04 PAGE 01/01 '.Orders will be approved and processed only oprnr completion of Dealer Set-Up Sheet and credit approval. Samples virifi'be ' considered for shipment only after credit referetu m have been verified in the interim period at our discretion. Phone orders are accepted and should be confirmed with a written purchase order. There is less possibility of errors if you mail in your orders (oursalesmen will be happy-to supplyyou with order pads to help you accomplish this). The Dealer assumes responsibility For 4*mctions of orders bases on cheMng quantities, sites, etc. on our confirmation. You will receive an acknowledgmem on all order; within 5 to 7 working days.. If you have not received said acknowledgment, pleasecall our office immediately. An estimated delivery date will appear on your confimmation. All materials are shipped FO.B; Shippingpoint,Accv Weld L.L.C. Initial orders will be shipped on a 50% deposit, balance COQ certified check basis. Once credit and a credit limit-have been approved, your payment terms will he printed on your invoice. Charges will accumulak until the limit is reached or the tern expires atwtmich timewe will expect paymeirt on anyamountsexceedingthelimitorterm. A finance charge of 1-112% per month (18% APR) will be assessed on all past due accounts, or accounts over 30 days past due. Accounts arc subject to suspension of an credit privileges pending payment in full of all past due invoices. Checks returned byynurback foranyreason will resultin a charge of $50,00 per check. No discounts will apply except as stated in the dealer set-up, Personal guarantees and/or security mna9 be required for the establishment of a credit One as determined by the Credit Manager. hi the event of default by non-payment and the institution of collection procedures, the buyer and guarantors agree to pay all costs oFcollection which includes but is not limited to court costs, filing, and reasonable attorney fees. All prices, models, specifications, and conditions are iubjer3 to change. All quotations and agreements are contingent upon strikes, accidents, fires, availability, of materials, and aO other causes beyond ourcontrol. Cancellations are permitted only if production has not been started. All orders will be shipped via common carrier, UPS, of best possible way. Nojoh site dditierles, please. Ali re-deliuem will be considered for charge at our discretion. All damages, shortages, or other claims must be noted at time of delivery, if you request delivery amd no one Is avallable to rem elve and sign for materials, the request must fro made in wrfting prior to such delivery and we will not he responsible for any theft, damages, or other claims. Returns are not accepted without prior written approval from our office, whereupon a peek-up slip will be tssaed along with a retu n aulhe ri2ation. Credit will be Issued only after returned goods have been inspected. All returns are subject to & 2596 handling charge. Any misrepresentations of our products is the We responsibility of the person making such claims and not that of the manufacturer, as of September I st, 1998. In the event the enthy applying for credit is not a Pennsylvania Corporation, then the undersigned agrees that the forum for resolving any and all disputes 6Bucks County Pennsylvania, as this is where the materials and contract originated The undersigned further agrees that Bucks CnuntyRnnsyhanfa is the proper venue forany suits. 05/05/2006 10:29 0000000000 TTTTTTTTT w - Dealer Statement of Account - To From - - SIDING WD WAREHOUSE PLUS-NE Dealer# 37,565 Accu-We/dLLC 469 EAST NORTH STREET Rep is 4211 Ford Rd CARLISLE, PA 17013 Bensalem, Pa 19020 Phone 216245-6050 PAGE 02/04 Page 1 Unepplkd Cash DM 37588 9/16/2005 DEP ACQUatment -service chp NSF Ch 12.00 Un*0&d Leah Dlr. 37565 11/082005 DEP NSF Chk;1539 6,500.00 Uneppf(ad Cash DM. 37555 1110812005 DEP NSF charges bvioe Chk: NSF Fee 100.00 Unappiled Cash Dlr 37665 111152005 APD AP Payment Chk: 1551 -2.20 Unspoiled Cash Dlr 37566 311712006 DEP Invoice NSF Check +$100 Chk: -6,600.00 Invoice „ 9.80 , 189246 175789 10102005 978 976 FOWX 2,578.08 510312006 APY AIP Payment Chk:1309 -60.37 Total In - 2.817,`70 24.16 4.1,5 , 210 Dav6 •- 1-040 16f6ffi 071' rONSTRUCTION 10.50 _ Te4b Invoke _ 10.50 203 D.em _ 170595 165451 10!17!2005 909 909 244.41 Total Invoice 244.41 200 Days . 170800 177646 101172005 1001 1001 STOK 17 Total invoice _ 174.00 2002 DayB _ 170896 171497 101172005 952 952 MIDDLETOWN VILLA sE 841.25 _ Total Invoice 641.25 200 Days 170702 178189 10/172005 81902 R19D2 CUSTOM SIDING 1,?g.89 Tab! iltvolcs 1,.. 200 Days 170914 171437 lonar 05 952 952 MIDDLETOWN VILLAGE 2565.00 7otgi Invoice . 2,565.00 199 Days, 171713 159724 10212005 CL EW 83 CLE4RRVIEW 832 145.16 Total Invoice _ _ _ 145.16 Z98 Days _ i71'7ia - 174052 102112005 ROl958 ROI958SHERIDAN 500.00 Total, Invoice 600,00 196 Days 1 71715 176741 10/212005 986 996 GT,HUNT 2,254.35 Total Invoice, 2,254,35 198 Dave 171716 177641 10121 OF 1 , - 1000 ES OOK •? Total Invoice __ 946.80 196 Days 171719 181477 10212005 1033 1033 NLINALLY 5,777.50 rl IMroiwo ` 5.77750 196 Davs - 171720 181486 1021/2005 C11011 ?T C(1011 NOR 24.15 7ctsl Invoice 24.15 198 Days _ 171721 181821 10212005 1010 1010 SHAUN 4D8.D0 _ TOW Invoice 406.00 1 pa a? 172952 174380 10272DW ' 968 988 R & G 1,118,9 Total Invoice 1,118,92 - 190 Day! 172953 174055 102712005 955 965 VUKTILAJ 12,523,56 Total Invoice 121523,56 190 Days _ 172957 178003 10272005 1002 1002 G&G KIRK .24 Total Invoice 582.24 190 Days,- 172972 189450 1027(2005 _ 1029 1029 PI3AN0 228.65 Total Invoice 226.88 190 Days 172989 182442 10/27=5 1036 1036 AM RICAN P OD 112.25 Total Invoice 112.25 _ 190 Days _172991 182722 9 2005 10408 1 OR MICHALSKI 992.00 _ Total Invoice In --• 992.00 190 Day, /74102 181480 11MV2005 Ida 1028 SE URE COt4TRACTINd 1.996.09 _ Total Invoice 2,998;09 163 p 114476 185400 11/07/2005 1109 BIDING WINDOW WAREHOUSE PLUS, 1,849A8 4112(2008 APY AiP Payment Chk: 1299 •1,806.01 Total Imroles 43A7 119 Days 174481 185807 11/072005 _ 1111 SIDING WINDOW WAR HOUSE PLUS, 978.32 _ Total Invoice 970.32 179 Days 174482 185648 111072-05 1112 SIDING WINDOW WAREHOUSE PLUS, 441.60 4,953.13 176 Days 1.147,58 WS09SOA -R03`, k_ ® Office 05/05/2006 10:29 0000000000 TTTTTTTTT PAGE 03/04 S?OV2006 - Dealer Statement of Account Page 2 T o ---- SIDING WD WAREHOUSE PLUS-NE Dealer # 37,665 From Accu-Weld LLC 469 EAST NORTH STREET CARLISLE, PA 17013 Rep is 1211 Fwd Re Bensalem, Ps 79020 Phone 215.245-6050 Invoice Order Inv Date Dealer PO Description Amount Aye 175633 185588 1111412005 1110 _ Total Invoice SIDING WINDOW WAREHOUSE PLUG 1. 47.58 103.88 176 DEya 175843 188999 11!14!1005 R/1102 SIDING WINDOW WAREHOUSE ?CU3 239.81 1 175649 188849 711142005 '1117 _ Total Invol 0 SIDING W DOW WAAREHO E -PLUS,- -239,81 543.30 172 Day9-, Total Invoice 543.30 172 O 178856 183983 11I172005 104&R 1046-8 MIDDLETOWN VILLAGE 13,430.00 Total Invoice 13,430.: 1,¢$ _ Total Invoice 1 388.55 1as obs a 179912 184059 1210212005 1047 1047 ODU Y SQUIRE 13,808.00 Two I Mvolee 13, .00 184 Dew 179013 184280 ' 12/022005 1020 1020 Vl1KTTCA i 582.78 Toth Invoice 880.83 154 Dave J 180614 185947' 12!12!2005 1108 SIDING WINDOW WAREHOUSE PLUS, - 662.18 Total Invoice 882.16 144 Days _960894 188929 1211212005 FtI1109 SIDING WINDOW WAREHOUSE PLUS, 448.58 Total Invoice 446.56 144 Dpya . 180985 190421 12(1212005 1122 SIDING WINDOW WAREHOUSE PLUS, 109.40 Total Invoice _ 109.44 144„DSya _ 160842 190769 12/122005 611126 SIDING WINDOW WAREHOUSE PLUS, 52.50 Total Invoice 52.50 144 x, -' 182007 18 43 - 12N 1115 _ $1DING WNDOW WAREHOUSS PLUS, 4.712. 8!3 _ _ _ Total Invoice_ 4.712.88 137 Da _ 18208 1596 12/1 2008 1121 SIDING WINDOW WAREHOUSE PLUS, 891.00 Total Irnatoe x'1.00 137 DpYB 182009 189362 121192005 1092 IDING WINDOW WAREHOUSE PLUS, 179.35 182452 182454 188855 1221 QOB 1057 1057 VUK71LAJ 2,236.89 Total - t35 Da; s 182456 187884 1 12005 1064 1064 NORTHEAST HOME I NI P ,497.25 Total Invoice _ 4,497.25 135 Days 182481 188961 1212112005 1086 1086 SHAUN 11018.79 TOW Invoice , 1,018. 135 Da?c _ 182500 1937$9 12212005 G1106 G11GS VUKTILAJ . 14.00 Total Invoice 14,00 135 Days 183054 18782 6 12232005 1071 1011 PDNDSIDE 4,927.40 „ Total Invoice 4.9a.- IM Days _ Total hrvWce 183079 188215 12232005 10 16 1081 PDNDSIDE 16 120 187854 1/052008 1064 . .. _Total IMoica 130.25 - 120Oa s 184123 181708 1!052006 R/1094 R/1094 CT HUNT 159.25 ?_T Via' Invoice 189,25 120 Days 184540 188888 1/082006 1116 $IDING WINDOW WAREHOUSE PLUS, X41.08 Total Imrolce 841.08 1160ays 184547 190550 1/092006 1127 SIDING WINDOW WAREHOUSE PLUS, 147,75 _ Total Involx 147.25 116 Davy 186053 195121 1117 1129 SIDING WINDOW WAREHOUSE PLUS, 154.83 WS09SOA -R03 Office Total Imroloe 662.18_ _ 154 Dava 179015_184713 ' 121022008 1052 1052 ER/PROD MIRANDA - 232.52 TTTTTTTTT PAGE 04/04 05/05/2006 10:29 0000000000 kOW2006 - Deader Statement of Account Page 3 r To _ -- - -» .- -_ From - -- --'- -- I SIDING WD WAREHOUSE PLUS-NE Dealer # 37,565 Accu-Weld LLC 469 EAST NORTH STREET Rep is 1211 Ford Rd CARLISLE, PA 17013 Bensalem, Ps 19020 1 Phone 215-24&-8050 _J Invoice Order Inv Date Dealer PO DeaMptbn Amount Age Total Invoice _ , ,,_ 154.83 ~ 198 D0 188080 195885 1 t7120U6 1136 SIDING WINDOW }REHOUSE PLUS, 104.05 Total I vold_ --+ 104.00 - 1q D _ _ }88582 992851 V19/2D08 1 104 .? ?-. 1104 RSN C N8 U ON $41a.47 Total invoice 2,418.47 1D8 pave _ 788670 196576 111912008 1119 1119AM£RICANPR DUCTION 1,006.80 Total }Wald 1A06.60^_._ ge Days -? _ 188983 198288 4/23/2008 1145 - S f6(-NQ WINDOW WA HOUSE PLUS, 324.46 Total Invo ca _ - 324.48 - 102 D ys _ 188175 199432 1/30/2008 1148 _ SIDING IM?IDOW WAREH USE PLt1S, - 1,333.92 Total invoice -- - .92 95 Days _ 188908 186215 ?J0372006 1081 1061 PONDSIDE -- 11982.89 TOW Invoice -?-- 1,98 W ? _ 91 Demos _ iS89D9 19?-X3/2000 11D5 1105 T.T.S.PR4PERT1E5 1,428.38 TOtallnvold - 1,426.36 91,. D?? 168990 11 - 02 1104 - _ __ ?- 1104 RSN CONSTRUCTION - _ 1,499.22 158911 197251 U10 21? !6-C/1120 183848 205812 300 008 /108i - 195dM 209313 r a 1T120081J?F Chedt ~ -N§F C11eck --------8,600.00 49 Da e _ _ Tajo, Invoice -woo 19x239 202574 3127@DOB 1158 SIDING WINDOW WAS U8E PLU?- 1,137.32 _ SIT el Invoice 113732 30 L?M,_ 195311 203799 30/2006 1-1-W--- SIDING WINDOW WAR OU§ EPLU, 128.43 Invoice 120.43 208859 3127/200 x71153 ?SIDING WINUOW-WAREHOUSE PLUS, 969x36 Total invoice _ a-" Be 39 Me 198288 208865 3127/2006 1161 - SIDING WINDOW W OU3 PLUS, 721.83 _ 1.86 _3 Tel lax Invoice 186269 208887 07/2006 1167 SIDING WINDOW WAREHOUS PLUS .12 TAI Invoice 979.1 39 Days _ 196270 205889 075m 1188 ^- SIDING WINDWAREHOU- SE PLUS, 989.38 -- _ Total IMV?_.--__989.38 3R ?, 198787 5 - 3129PM 1138 113SRSN-FINK 938,50 Tote} invoice _ _ 93x50 37 Days _ 196906 208857 312W006 113-3 7133 CARPENTfiY SOLUTIONS 135,58 _ TON/ Invoice 135.5 37 Ds 200318 218427 ? 4122(2006 1299 ---! ---?- ?,465.BB-- Total lme ce 3,,46588 13 Da- 200909 212969 4/28+2006 1183___ -1183 LOASIO NS UCTION 1,$18.83 ` _ To W Invoice 1.818.83 9 DOW _ 1166 RAUCCI - 2,717.32 201440 215135 ` 41=006 1158 _. Total Invoice 2,717.32 7 Days - Piease RamR To - - - Iced Totals - - - Accu-Weld LLC I 0-30 6,001.63 - Lockbox 33036 31 - 60 13,782.66 Total 148,783.13 Newel, N.J. 07188 61 -90 11,162.67 ? Over 115,838,17 Rernkto: Lockbox33036 Newark, N.J,071880? Office NS09SOA -R03 06/07/2006 13:23 7327470093 THE NOTTE AGY PAGE 02/04 06/05/2086 15:38 8800000008 TTTTTTTTT PAGE 01/02 u e w.mw ? .« Requesaald /Accua- e a?a nsw.o•w "?/?, .R i ? v ecuva` DOOR S4STlIBS 1211 lord Road • Bensalem, PA 19020 0 ON-782-6347 • FAX: (215) 245-5672 • L%MWL ht @ecc weld com auseelss , °N AX. `a wM HOE. etsNessAOOP>:ss Lap Iq8I PROVIMIS NM APDRIN o 8 c Mean ?/?/Y? * stirs rnx oeMPt 13 NO IF YES, PLEASE INCWDE COMCM CI SOW t» O CCNiPOAATION KNIS MOP" TM HOME T1OMW 0" ir1^t5t f MIA 1 /l la n G OTFtlRAlSP1ESS'aA•IkyiPltNdPVM1(5)PAESEJM1YHOIDt7 911PP06710N(FMIf? ACM 17 Atl=ESS wj& QM ffAM M A11CIIvE O LOCATION aMBC: PAwWtr ,??drk.- , ?? ffPHGIE, WDI1t^ fiNti: zwim affaari? o sroattas a tOol.? 17HO&MWGN E .. NAME ADM US CI11'/SMIN pKic fAXNt1MKR Po r'f,. kp Nr - --23wiOr /f /U4 iw? / r11 . rr- V ! ;f« d &JAY Ad4fl Forthepeeposeofsemringlhee#ensbndenditfromAeeuN4ldLL.C Iheundenugnatr?pmuiteandaursrdstlatthesaternanleme&andbftm w wed 112410, aru3 inihsl'ktanrol Statemetd, Na:rynre adfmit w hereudth, m consokle, eanett? and truo, with On irdent thin shirt Ripnce be plmmed idereon tee the basis for ditadeoxton and cWtlnustiom ulf avdlt atCrunmodations to the underagmd, 'ttMorDwtionasso*WnaeidwM*dFnaneialSteteromtdadesesthetraestate oftluundeftWftWsRruoeialeoadbimtasofthedate therad, Since chat thne there has been no material adverse dtttrtge in flnamoal condition, and 8 anysrrdr adverse chang4 accors, or U e chsope in business wpolsethm, principals or officersakaaaptaoa noNcetluaoEwilhettiva:haypeerti6edmail. lhdifwchnoticeisrxaived,asidPhrarxialSaremsnrlstobere?Medasacrmiinnindatatemem ands nawand 2lginalstatement applicable b eachandeverycredit hanaaction, The anderaipred hudy agrees last in the evert legal action is Fnbgtuted to enforce payment of the mooted dw pursusd in suds eftmilon of CrvAt, the undersigned shall be Fable for all attorney's ken, costs, and expenses of collection, wwall as interest at the rate of 1.1/276 per mondr fen the date lheodglnel account wwdw. ThetmderoigrtedhaiherrepreseMStiurthete4renaa+peWludgmmte, «apenamwtthmoretaa0ninetydaysprutdue outsnndbrgagamsttheutakrsipiad. The undersigned apws lobe ally respomrbte for the activity of aft sobs personnel, that ethical and properse ftpraetfueswlll he fellmd and that immediate attemfon wtll be 6'?^ toaU errmplninlsiawlw+gmaarlala,workmmghiprsrsabs 2ptasematives, Ws is youroudrnrity.tooonlaci mybank andother references lWWharcootoverifymyBnauCiaEstanding. Restber,mysigaturean0mricomybmk lmndiaR inruitulion. or supplier to rc0au! finandal InWrtrofbn ax squired to esabii4h contract, I lave read and agree with Terms and Cmdfbons printed on the reverse of fhfs application. Theunderst.vadbuebynek"Awlipsltdagraesflatbycr cdngbelowire/she/tlrayue personally and individually fable for anpaymmadinetoMm-Weld 1..I..C,purmantt the x ndConditbnsofibincmditappl;mlitm. ThisgesraoteefsunMrMtkaalandconfimni0g, Date: /i Or Dabs: Print Name .f " Prktt Name Ident ncation; (so, DRrms LIGt ?/°Y f?r?f'•f ?? _ sSA, oAIV9iS LICE ..,.,.re x, Free ?ata tlfle 06/07/2006 13:23 7327470093 THE NOTTE AGY PAGE 04/04 06/05/2006 16:10 8008080000 TTITT7TrT PAGE 81/01 TERMS ANC! CONDITIONS OF SALE -Orders will be approved and processed only uprm Corrrpktlon of Deakr Set-UP Sheet and credit approval. Samples wilt be considered for shipment only after credit teferenuas have been verified in the interim period at our discretion. Phone orders are accepted and should be confirmed with a written purchase order There is less passibility of errors if you mail in your orders (our salesmen will be happy to supplyyou with arderpads to help you accomplish this). The Dealer assumes responsibility for cbrmCtions of orders bases on cheMA." quantities sixes, etc. an our confirmation. You will receive an acknowledgment on all orders within 5 to 7 working days.. If you have not received said acknowledgment, pkasecall ouroffieeimmediately. An estimated delivery date will appear on your confirmation. All raaterhils are shipped FA.B: Shippdngpoint, Accv Weld L-L.C. Initial orderswill be shipped on a ShM deposit, balance COD certified check basis. Once credit and a credlt limit-lim been approved, your payment terms will he printed on your invoice. Charges will accumulate until the Dmit is readied or the tern expires atwhich timewe will expect payment on anyamourtsexceedingthelimit orterm. A finance charge of 1-112% per month (18% APR) will be assessed on all past due accounts, or accounts over 30 days past due. Accounts are subject to suspension of all'crcdit privileges pending payment in lull of aD past due invoices. Checks returned by your backforarry reason will result in a charge of $50.00 per check. No disco utswill apply except as stated in the dealer set-up. Personal guarantees and/or security may be required for the estaMishmeat of a credit fine as determined by the Credit Manger. .. _ _ . In the event of default by no'n-payment and the institution of collection procedures, thebuyerand guarantors agree to pay all costs of collection which includes but is not 1hisited to court coats, filing, and reasonable attorney lees. All prices, models, specifications, and conditions am subject to change. All quotations and agreements arecoetingent upon strlms, accidents, fires, availabiifty of materials, and all other causes beyond our control. Cancellations are permitted only if production has not been started. All orders,will be shipped via common carrier, UPS, of best possible way. Nojob site detivedes, piease. All re-delivers will be, considered for charge it our discretion. All damages, shortages, or other claims must be noted at time of delivery, If you request delivery and no one Is available to receive and aim for materials, the request must be made in writing prior to such delivery and we will not be responsible for any theft, damages, or other claims. Returns are not accepted without priorwritten approval from our office, whereupon a pick-up allp will be leaned along with a rehvn authorization. Credit will he Issued only after returned goods have been inspected. All returns aft subject to a 2596 handlingcharge. Arty misrepresentations of our products is the We responsibility of the person making such claims and not that of the manufacturer, as of September I st, 1998. In the event the cnthy applying for credit is nkt a Pennsylvania Corporation, then the undersigned agrees that the forum for resolving any and all disputes is Bucks County Pennsylvania, as this 1s where the materials and contract origlnaled. The undersigned further agrees that Bucks CnuntyPannsyivania isthe proper venue foranysuits. 06/02/2006 09:43 7327470093 THE NOTTE AGY PAGE 09/09 JUN-07-2006 16:68 KNUPP KODAK B, IMBLUM 717 238 7168 P.08 VERIFICATION I, TERR Y KoR41 K CFO - AcCv - w 6 c 6 Z_ (nam) (fit* of ACCU-WELD, LLC, verify thatthe statements made In the aforegoing document aretrue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904, relating to unswom falsification to authorities. ACCU-WELD, LLC By; Title: l'.F(? Dated: . vm t of , Xoote 32404 RMERVMORMCCPA.DJ CMPSCCP COMPLAINTSIACCUWELD32404.wyd:07J=06 i:. TOTAL .09 -, lb9. ?.? •?Vf V l19 ? ._ _ ' I l 19 01% PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. ¦ for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) ACCU-WELD, LLC. (Plaintiff) VS. SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC., both doing business as SIDING WINDOW WAREHOUSE PLUS, NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE (Defendants) (check one) ¦ Civil Action - Law ? Appeal from Arbitration ? Other The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due 5 days before pretrials) No. 2006-03385 Civil Indicate the attorney who will try case for the party who files this praecipe: Robert D. Kodak, Esquire, Kodak & Imblum, P.C.,, PO Box 11848, Harrisburg, PA 17108-1848 717-238-7151 Indicate trial counsel for other parties if known: Pro se This case is ready for trial. Dated: July 25, 2006 Signed: Print Name: Robert D. Kodak Attorney for: Plaintiff 1 1 °? ACCU-WELD, LLC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. SIDING WINDOW WAREHOUSE PLUS, INC. and CIVIL DIVISION -LAW MID HUDSON BUILDING PRODUCTS, INC., both doing business as SIDING WINDOW WAREHOUSE NO. 2006-03385 CIVIL PLUS, NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE Defendants CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that I have this date served a true and correct copy of the Praecipe for Listing Case for Trial in the above-captioned matter upon the below listed individual(s) by causing same to be deposited in the United States mail, first class postage prepaid at Harrisburg, Dauphin County, Pennsylvania, addressed as follows: SIDING WINDOW WAREHOUSE PLUS INC MID HUDSON BUILDING PRODUCTS INC SIDING WINDOW WAREHOUSE PLUS NE MICHAEL PALSON 469 EAST NORTH STREET CARLISLE PA 17013 Dated:_ July 25, 2006 KODAK L , P.C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorney for Plaintiff % , ri ` 1 ACCU-WELD, LLC, PLAINTIFF V. SIDING WINDOW WAREHOUSE PLUS, INC., MID HUDSON BUILDING PRODUCTS, INC., both doing business As SIDING WINDOW WAREHOUSE PLUS NE and MICHAEL PALSON as Personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. And MID HUDSON BUILDING PRODUCTS, INC., both doing business As SIDING WINDOW WAREHOUSE PLUS NE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3385 CIVIL TERM ORDER OF COURT AND NOW, this q day of August, 2006, IT IS ORDERED that a bench trial shall be conducted in the within action at 2:00 p.m., Monday, October 2, 2006, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the, C / Aobert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 For Plaintiff /Siding Window Warehouse Plus, Inc. Mid Hudson Building Products, Inc. Siding Window Warehouse Plus NE Michael Palson 469 East North Street Carlisle, PA 17013 J Edgar B. Bayley, J. 0`0 q O?0 Court Administrator :sal cn s -> ° ° N a CASE NO: 2006-03385 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCU-WELD LLC VS SIDING WINDOW WAREHOUSE ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SIDING WINDOW WAREHOUSE PLUS INC DBA SIDING WINDOW WAREHOUS the DEFENDANT , at 1100:00 HOURS, on the 16th day of June 2006 at 469 EAST NORTH STREET CARLISLE, PA 17013 by handing to MICHAEL PALSON, ADULT IN CHARGE 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: So Answers: Docketing 18.00 Service 4.40 Postage .39 Surcharge 10.00 R. Thomas Kline .00 32.79,,` 06/19/2006 Q 7_y9,0(, KNUPP KODAK IMBLUM Sworn and Subscibed to By: before me this day Deputy She if of A.D. t SHERIFF'S RETURN - REGULAR CASE NO: 2006-03385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACCU-WELD LLC VS ,.:.? SIDING WINDOW WAREHOUSE ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MID HUDSON BUILDING PRODUCTS INC DBA SIDING WINDOW WAREHOUS the DEFENDANT , at 1100:00 HOURS, on the 16th day of June 2006 at 469 EAST NORTH ST REET y CARLISLE, PA 17013 by handing to MICHAEL PALSON, ADULT IN CHARGE 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: So Answers: Docketing 6.00 Service 00 ? Affidavit 00 Surcharge 10.00 R. Thomas Kline 00 16.00 ? 06/19/2006 ,? rig/6G / KNUPP KODAK IMBLUM Sworn and Subscibed to By: XA before me this day .1 Deputy Sheri of A.D. CASE NO: 2006-03385 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ACLU-WELD LLC VS SIDING WINDOW WAREHOUSE ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PALSON MICHAEL PERS GUAR FOR SIDING WINDOW WAREHOUSE PLUS DEFENDANT , at 1100:00 HOURS, on the 16th day of June at 469 EAST NORTH STREET the 2006 CARLISLE, PA 17013 MICHAEL PALSON 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 Service Affidavit Surcharge 4- Sworn and Subscibed to before me this of So Answers: 6.00 4 .00 .A? 00 10.00 R. Thomas Kline .00 16.00,/ 06/19/2006 KNUPP KODAK IMBLUM By. day eputy Sheri-fT A.D. .r.r ACCU-WELD, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SIDING WINDOW WAREHOUSE PLUS, INC., MID HUDSON BUILDING PRODUCTS, INC., both doing business as SIDING WINDOW WAREHOUSE PLUS NE and MICHAEL PALSON: as Personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC., both doing business as SIDING WINDOW WAREHOUSE PLUS NE, Defendants 06-3385 CIVIL TERM VERDICT AND NOW, this 2nd day of October, 2006, following a bench trial, I find in favor of plaintiff, Accu-Weld, LLC, against defendants, Siding Window Warehouse Plus, Inc., and Mid Hudson Building Products, Inc., both doing business as Siding Window Warehouse Plus NE and Michael Palson as personal guarantor, in the amount of $178,539.76 plus interest from June 5, 2006. ) By the ,,Court, r r?l Edgar B. Bayl y, J. ? obert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 For Plaintiff J ding Window Warehouse Plus, Inc. Mid Hudson Building Products, Inc. Siding Window Warehouse Plus NE Michael Palson 469 East North Street Carlisle, PA 17013 7 r?41 prs . _, a 't3 C:' ?,,?, r? ? ?:? ?. _? j =, , __; _?. ,: ?' ? t . - .? ?? ACCU WELD, LLC, V. SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-3385 CIVIL TERM : CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY: Please enter Judgment on the Verdict in the amount of $178,539.76, per the attached Verdict entered with this Honorable Court on or about on October 2, 2006, in favor of the above Plaintiff and against above Defendants, SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE and MICHAEL PALSON as personal guarantor, in the amount of One Hundred Seventy-Eight Thousand, Five Hundred Thirty-Nine Dollars and Seventy-Six Cents ($178,539.76). TO CUMBERLAND County Prothonotary Dated: October 17, 2006 Robert D. Kodak, Attorney for Plaintiff Attorney I.D. No. 18041 7-4 rz Olt R V' ;r Cr I I .?1 r.= 0 C rnm -? "fi ACCU-WELD, LLC, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SIDING WINDOW WAREHOUSE PLUS, INC., MID HUDSON BUILDING PRODUCTS, INC., both doing business as SIDING WINDOW WAREHOUSE PLUS NE and MICHAEL PALSON: as Personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC., both doing business as SIDING WINDOW WAREHOUSE PLUS NE, Defendants 06-3385 CIVIL TERM VERDICT AND NOW, this 2nd day of October, 2006, following a bench trial, I find in favor of plaintiff, Accu-Weld, LLC, against defendants, Siding Window Warehouse Plus, Inc., and Mid Hudson Building Products, Inc., both doing business as Siding Window Warehouse Plus NE and Michael Palson as personal guarantor, in the amount of $178,539.76 plus interest from June 5, 2006. By theme-C-0--urt, Edgar B. Bayley, J. Robert D. Kodak, Esquire 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108-1848 For Plaintiff Siding Window Warehouse Plus, Inc. Mid Hudson Building Products, Inc. Siding Window Warehouse Plus NE Michael Palson 469 East North Street Carlisle, PA 17013 prs ACCU-WELD, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3385 CIVIL TERM SIDING WINDOW WAREHOUSE PLUS, INC. and : CIVIL ACTION - LAW MID HUDSON BUILDING PRODUCTS, INC. both : doing business as SIDING WINDOW WAREHOUSE : PLUS NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE Defendants . TO: SIDING WINDOW WAREHOUSE PLUS, INC. DBA SIDING WINDOW WAREHOUSE PLUS NE, Defendant(s) You are hereby notified that on nc-4- iq , 200 the following (Judgment) has been entered against you in the above-captioned case. Tudgment entered in the amount of $178,539.76. DATE: PXO?6040tar? I hereby certify that the name and address of the proper person(s) to receive this notice is: SIDING WINDOW WAREHOUSE PLUS INC DBA SIDING WINDOW WAREHOUSE PLUS NE 469 EAST NORTH STREET CARLISLE PA 17013 A/ SIDING WINDOW WAREHOUSE PLUS, INC. DBA SIDING WINDOW WAREHOUSE PLUS NE, Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 2005, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Cerlificao que la siguiente direccion es la del defendido/ a segun indicada en el cetificado de residencia: SIDING WINDOW WAREHOUSE PLUS INC DBA SIDING WINDOW WAREHOUSE PLUS NE 469 EAST NORTH STREET CARLISLE PA 17013 Abogado del Demandante ACCU WELD, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-3385 CIVIL TERM SIDING WINDOW WAREHOUSE PLUS, INC. and : CIVIL ACTION - LAW MID HUDSON BUILDING PRODUCTS, INC. both : doing business as SIDING WINDOW WAREHOUSE : PLUS NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE Defendants TO: MID HUDSON BUILDING PRODUCTS, INC DBA SIDING WINDOW WAREHOUSE PLUS NE , Defendant(s) You are hereby notified that on nnq-- 19 , 20U0the following (judgment) has been entered against you in the above-captioned case. Judgment entered in the amount of $178,539.76. DATE: Pr onota I hereby certify that the name and address of the proper person(s) to receive this notice is: MID HUDSON BUILDING PRODUCTS, INC DBA SIDING WINDOW WAREHOUSE PLUS NE 469 EAST NORTH STREET CARLISLE PA 17013 A/ MID HUDSON B ILDING PRODUCTS, INC. DBA SIDING WINDOW WAREHOUSE PLUS NE , Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 2005, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/a segue indicada en el cetificado de residencia: MID HUDSON BUILDING PRODUCTS, INC DBA SIDING WINDOW WAREHOUSE PLUS NE 469 EAST NORTH STREET CARLISLE PA 17013 Abogado del Demandante ACCU WELD, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-3385 CIVIL TERM SIDING WINDOW WAREHOUSE PLUS, INC. and : CIVIL ACTION - LAW MID HUDSON BUILDING PRODUCTS, INC. both : doing business as SIDING WINDOW WAREHOUSE : PLUS NE and MICHAEL PALSON as personal guarantor for SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC. both doing business as SIDING WINDOW WAREHOUSE PLUS NE Defendants TO: MICHAEL PALSON AS PERSONAL GUARANTOR , Defendant(s) You are hereby notified that on 4- / 9 , 2(-the following (judgment) has been entered against you in the above-captioned case. L dgment entered in the amount of $178,539.76. DATE: Pro nota I hereby certify that the name and address of the proper person(s) to receive this notice is: MICHAEL PALSON PERSONAL GUARANTOR 469 EAST NORTH STREET CARLISLE PA 17013 A/ MICHAEL PALSON AS PERSONAL GUARANTOR , Defendido/a Defendidos/as Por este medio se le esta notificando que el de del 2005, el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe. FECHA: Protonotario Certificao que la siguiente direccion es la del defendido/ a Begun indicada en el cetificado de residencia: MICHAEL PALSON PERSONAL GUARANTOR 469 EAST NORTH STREET CARLISLE PA 17013 Abogado del Demandante PRAECIPE FOR WRIT OF EXECUTION - (MONEY JUDGMENTS) P. R. C. P. 3101 to 3149 ACCU-WELD, LLC Plaintiff Vs SIDING WINDOW WAREHOUSE PLUS, INC. & MTO WELDSOAT RTTTT,T)TAI(,- PRnIOTTrT.S TAT(- tenth d/b/a SIDING WINDOW WAREHOUSE PLUS NE & MICHAEL PALSON, p/g for Siding Window Warehouse Plus Inc and Mid Hudson Building Products, Inc. both d/b/a/ Siding Window Warehouse Plus NE 469 E NORTH STREET, CARLISLE, PA 17013 Defendant (s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term 20 No. 2006-3385 Term 2006 Amount due $178,539.76 Interest FROM DATE OF JUDG - 10119106 Atty's Comm. $8,926.99 Costs to be determined $ TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ABOVE MATTER, (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) against SIDING WINDOW WAREHOUSE PLUS, INC. and MID HUDSON BUILDING PRODUCTS, INC., both d/b/a SIDING WINDOW WAREHOUSE PLUS, NE and MICHAEL PALSON personal guarantor Defendant (s) (3) and against Garnishee (s) (4) and index this writ (a) against SIDING WINDOW WAREHOUSE PLUS INC. and MID HUDSON BUILDING PRODUCTS INC. both d/b/a SIDING WINDOW WAREHOUSE PLUS, NE and MICHAEL PALSON personal guarantor Defendant(s) and (b) against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for real estate levy) LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT, iE, JEWELRY, ELECTRONICS, VEHICLES, SUPPLIES, ETC., (5) Exemption has (not) been waived. Dated 10/26/06 Robert D. Kodak, Esquire PO Box 11848 Harrisburg, PA 17108 (717) 238-7159 Attorney For Plaintiff(s) 6uTxapuT pue pagoe;;e ST aagsTu.zeb aq; 30 auieu ag; uT A;zadoad Teal 3. uoo)60T£ atn3 aag paztsap ST suapuad stT e se T T Pa;aTdwoo a4 PTnogs (q) (6) gdei6esea •(q)6OIE aTn3 aas •Ase;ouoq;o Td aq; Aq A;unoo ;eq; uT asanoo ;o se peaTnbea ST buTxapuT A;unoo aaq;oue o; sanssT. ;TSM aq; uagM •(e)bOTE aTn3 Aq pazTaoq;ne se pazTsap ST 'aoueinssT ;o Aqunoo aq; uT suot;noaxa aq; ;0 6utxapuT ;T ATuo pa;aTdwoo aq pTnogs (e)(6) Oezbezed •(;TZM aq1 UT papnTouT aq o; sT aagsTu.zeb paweu e uT ATuo pa;aTdwoo aq pTnogs anoge) (E) gdezbezed •panssT gotgm uT A;unoo aq; ;o ;;Tzags aq; o; ATuo pa;oaitp aq Aew 4uaw6pnC pazza;suez; e uo panssT ITam e (o)EOIE aTn3 sapun •pa;eoTpuT aq pTnogs A;unoD aq; I(q)£OTE aTn3 Aq pazTaog;ne se A;unoo Tag;oue ;o ;;Taags aq; o; P9;3a3TP ST ;TJM aq; uaga (T) gdea6ezed zapun 3LION O O O N N S4 S4 a) a) E? H E a w E- a H H U rn 00 M I O lO z o 4J s4 o :3: z a?- LL1 L? t-, -- f ILl- G:LLJ ?_ L- C U U a Ll a W 3 ( U U a H a O H a O w a ? w co roW 70 H H co O H 0 0 0 3 0 0 W a o Cf) < o O Q a w FC co ? cn c? 3 aQ z Z x ? w a :z 3: 3 F-4 H z 3 O FJ4 L Q H H O L aC x? 0 Q W z z U z z a H 3 Q H U z H 3 U C7 Q z l H Q z fY. H Q H O u" H ro ?4 O CO a O a H a H cn a C/) H vJ W? z a a a H ?n CO -L-Z-7-A . Old r-rl: C? cly r I 44 bane I a Ll v / Y' ri. 4-1 w .? x ;J ro 'zS ro O ? x 04 s4 • o Q W s4 a N ?4 A o o 2 ?. o f LAW OFFICES OF KODAK & IMBLUM, P.C. CAMERON MANSION Telephone Robert D. Kodak 407 NORTH FRONT STREET 717.238.7152 Gary J. Imblum POST OFFICE BOX 11848 Facsimile HARRISBURG, PA 17108-1848 717.238.7158 kki.law@verizon.net website: kki-law.com October 26, 2006 ATTN CLAUDIA - OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE PA 17013 RE: Accu-Weld, LLC VS: Siding Window Warehouse Plus, Inc., et al No. 06-3385, Court of Common Pleas, Cumberland County, PA Our File No. 32404 Dear Claudia: We have sent our Praecipe for Writ of Execution to the Cumberland County Prothonotary (copy enclosed) in the above matter. When you receive this Writ from their office, please consider this our Letter of Instruction for Service for the Writ of Execution. The above Defendant(s) can be served at the address of 469 EAST NORTH STREET, CARLISLE, PA 17013. Please levy on all property including but not limited to furniture, equipment, vehicles, electronics, etc. Please be advised that Defendant recently purchased some delivery trucks for cash. It may be helpful if you made the levy on Defendant early in the morning before the delivery trucks leave for the day. If you need anything further, please call Kathy of my office and thank you for your fine service. Very truly yo KODAK a,- I I UM, J Robert D. Kodak, Esquire RDK/ rzs S ANNE ROGERS VICE PRESIDENT THE NOTTE AGENCY INC POST OFFICE BOX 550 LINCROFT NJ 07738 85963 WRIT OF EXECUTION and/or ATTACHMENT N6 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCU-WELD, LLC, Plaintiff (s) From SIDING WINDOW WAREHOUSE PLUS, INC. & MID HUDSON BUILDING PRODUCTS, INC. BOTH D/B/A SIDING WINDOW WAREHOUSE PLUS NE MICHAEL PALSON, P/G FOR SIDING WINDOW WAREHOUSE PLUS INC AND MID HUDSON BUILDING PRODUCTS, INC. BOTH D/B/A SIDING WINDOW WAREHOUSE PLUS NE, 469 E NORTH STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS, VEHICLES, SUPPLIES, ETC.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $178,539.76 Interest FROM DATE OF JUDG -10/19/06 Atty's Comm % $8,926.99 Atty Paid $146.79 Plaintiff Paid Date: OCTOBER 27, 2006 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs C is R. Lon thonot y By: NO 06-3385 Civil CIVIL ACTION - LAW Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 Supreme Court ID No. 18041 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3385 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ACCU-WELD, LLC, Plaintiff (s) From 1 SIDING WINDOW WAREHOUSE PLUS, INC. I-MID HUDSON BUILDING PRODUCTS, INC. BOTH DB/A SIDING WINDOW WAREHOUSE PLUS NAICHAEL PALSON, P/G FOR SIDING WINDOW WAREHOUSE PLUS INC AND MID HUDSON BUILDING PRODUCTS, INC. BOTH D/B/A SIDING WINDOW WAREHOUSE PLUS NE, 469 E NORTH STREET, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY UPON ALL PERSONAL PROPERTY OF THE ABOVE-LISTED DEFENDANT(S) AT THE ABOVE ADDRESS IN CUMBERLAND COUNTY, INCLUDING BUT NOT LIMITED TO EQUIPMENT, FURNITURE, JEWELRY, ELECTRONICS, VEHICLES, SUPPLIES, ETC.. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $178,539.76 L.L. $.50 Interest FROM DATE OF JUDG -10/19/06 Atty's Comm % $8,926.99 Atty Paid $146.79 Plaintiff Paid Due Prothy $1.00 Other Costs Date: OCTOBER 27, 2006 (Seal) ( omzaL - C is R. Lo othono ry By: Deputy REQUESTING PARTY: Name ROBERT D. KODAK, ESQUIRE Address: PO BOX 11848 HARRISBURG, PA 17108 Attorney for: PLAINTIFF Telephone: 717-238-7159 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 2.18 Advertising 10.00 Law Library .50 Prothonotary 1.00 Mileage 4,40 Misc. Surcharge 40.00 Levy 20.00 Post Pone Sale 15.00 Certified Mail Postage Garnishee 3/0 L ? TOTAL 6 111.08 ? a Advance Costs: 150.00 Sheriff s Costs 111.08 38.92 Refunded to Atty on 10/24/07 So Answers, ?!*i Kline, Sh ff BY U V 1. st) W CTt. ? I b"?' ?