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Home My WebLink About95-01247 ;Y:f::':: :; !~;~: .', :r;' , . T..~~' : - ~ . ~~~.. '~0i.. ., " :J I ':,' ."", !-,~F:' , ,-':\JJ!~"; ".,,~ ";~XA '.';!} :-..'';' H:=;:~;! '~rj; . ,~i'" Ji;,',! . '.~ ::.ir <t~ -:!?j! :,~0:, ,,-:/ H' .;:.",.; '(p -"'{ .:~:~ " . ,~ <:~ , .: t~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW THE SHERWIN-WILLIAMS COMPANY Plaintiff No. 95-1247 Civil vs. DAVID L. MYERS IIt/a MCREARY & MYERS GENERAL CONTRACTORS CIVIL ACTION Defendant(s) PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please disconlinue the above-captioned case withoul prejudice. AMATO AND ASSOCIATES, P.C. By: ~ Ronald Amato Attorney ID #32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (6 I 0) 866-0400 ) ., ~") ''1 ;:>: I;" " h -. - - = W N ...) Vl .. '!I': -, t.t ~ ..., -' -' ~ ~ ~ 1'.,- oJ ''" .1,< ::C 0- ;!i eN ,0' \>'.., ,;'";"",. .~<:. , :'x ~ ~ = 1 ,::-' '" ,,;,,1" '.J h. ~..) c, a o .. n: ~ If < oliiz ~r:~ ZIIl;..j a: > weill :z:ZZ UOZ olllrl~ ~~ci" :z:Za: CIa:! :!!:!:l51 ~Nii: :! a: U ~ ,., c. o u - u u .. .. o U '0 c: '" " 2 - , "''E u 0 .c u o ~ -..... VI 0 :E-o - u ~iE '€ - u ::; u ._ .... ;.o.....IJ .,2 .c';: ;..., ~ Co ~ t ~ ~ .c-5 .:: -'0 ;( '. . CUNNINGHAM & CHERNICOFF, P.C. ,i F=:' .. t::. THE SHERWIN-WILLIAMS COMPANY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I i plaintiff v. NO. 95 - 1247 CIVIL TERM DAVID L. MYERS i/t/a MCCREARY & MYERS GENERAL CONTRACTORS, Defendants ANSWER TO COMPLAINT COUNT I AND NOW, comes Defendant David L. Myers, by and through his counsel, cunningham & Chernicoff, P.c., and files his Answer to the Complaint filed by the Plaintiff, The Sherwin- Williams company, in the above captioned matter and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. The answers set forth in Paragraphs 1 through 2 are incorporated herein by reference as if more fully set forth. 4. The averments of Paragraph 4 of the Plaintiff's Complaint are admitted in part and denied in part. It is admitted that McCreary & Myers was a corporation. It is denied that Mccreary & Myers had a place of business at 1401 Main street, Mechanicsburg, Pennsylvania 17055. 5. The averments of Paragraph 5 of the Plaintiff's Complaint are denied. It is specifically denied that McCreary & Myers requested from Plaintiff certain goods and merchandise in the amount and for the prices set forth in the invoices referred to in an alleged statement of McCreary & Myers' Account taken from Plaintiff I s books and records which is attached to Plaintiff's Complaint as Exhibit "A". 6. Defendant is without knowledge sufficient to form a belief as to the truth or veracity of the averments contained in Paragraph 6 of the Plaintiff I s Complaint and strict proof of the same, if relevant, is demanded at the time of trial. 7. Defendant is without knowledge sufficient to form a belief as to the truth or veracity of the averments 2 contained in Paragraph 7 of the plaintiff I s complaint and strict proof of the same, if relevant, is demanded at the time of trial. B. The averments contained in paragraph B of the plaintiff's complaint represent conclusions of law to which no response is req\lired. By way of further response, the interest rate proposed of eighteen percent (18%) usurious in that it far exceeds the statutory rate of interest of six percent (6%). 9. The averments contained in paragraph 9 of the plaintiff's complaint represent conclusions of law to which no response is required. In the event a response is so required, the averments of Paragraph 9 are denied. 10. Defendant is without knowledge sufficient to form a belief as to the truth or veracity of the averments contained in paragraph 10 of the plaintiff's complaint and strict proof of the same, if relevant, is demanded at the time of trial. 3 11. The nvermonts of paragraph 11 of the plaintiff I s complaint are denied, It is specificallY denied that David L. Myers executed a written personal guarantee wherein guarantor personnlly guaranteed the repayment of any and all extensions of credit Plaintiff would allegedly advance to Mccreary & Myers, Inc. " 12. Defendnnt is without knowledge sufficient to form a belief as to the truth or veracity of the averments contained ill Paragraph 12 of the plaintiff I s complaint and strict proof of the same, if relevant, is demanded at the time of trial. 13. The averments of paragraph 13 of the plaintiff I s complaint are admitted in part. It is admitted that Plaintiff has made a demand against the Defendant for Two Thousand One Hundred Ninety Three and 90/100 Dollars ($2,193.90). It is specificallY denied that Defendant David L. Myers is a guarantor for the alleged amounts due and owing to plaintiff. 14. The averments of Paragraph 14 of the plaintiff I s complaint are denied. It is specifically denied that 4 18. The averments of Paragraph 18 of the Plaintiff I s complaint are denied. It is specifically denied that Defendant David L. Myers requested that plaintiff sell certain goods and merchandise in the amount and for the prices set forth in the invoices referred to in an alleged statement of Defendant's Account taken from Plaintiff's books and records which is attached to Plaintiff's complaint as Exhibit "A". 19. Defendant is without knowledge sufficient to form a belief as to the truth or veracity of the averments contained in paragraph 19 of the Plaintiff's Complaint and strict proof of the same, if relevant, is demanded at the time of trial. 20. The averments of Paragraph 20 of the Plaintiff's Complaint are denied. It is denied that Defendant David L. Myers received and accepted the goods described in the invoices referred to in Exhibit "A". 21. The averments contained in Paragraph 21 of the Plaintiff's Complaint represent conclusions of law to which no response is required. By way of further response, the interest rate proposed of eighteen percent (18%) usurious 6 and contrary to law in that it the statutory rate of interest of six percent (6%). 22. The averments contained in paragraph 22 of the Plaintiff's complaint represent conclusions of law to which no response is required. In the event a response is so required, the averments of Paragraph 22 are denied. 23. The averments of paragraph 23 of the Plaintiff's Complaint are admitted in part. It is admitted that Plaintiff has made a demand against the Defendant for Two Thousand One Hundred Ninety Three and 90/100 Dollars ($2,193.90) and that Defendant David L. Myers has refused to pay the same. It is specificallY denied that Defendant David L. Myers owes any part of the Two Thousand One Hundred Ninety Three and 90/100 Dollars ($2,193.90), however, has offered on several previous occasions to pay one-half (~) of the alleged outstanding balance due and owing in exchange , for Plaintiff's execution of a Release and without admission of liability on the part of Defendant David L. Myers. 24. The averments of Paragraph 24 of the plaintiff I s Complaint are denied. It is denied that Defendant David L. Myers agreed to pay Plaintiff reasonable attorney's fees 7 Respectfully submitted, CUNNINGHAM '& CHERNICOFF, P.C. incurred in the collection of any balance due Plaintiff. By way of further response, Defendant David L. Myers is without knowledge sufficient to form a belief as to the truth of the averments and strict proof of the same, if relevant, is demanded at the time of trial. WHEREFORE, Defendant David L. Myers respectfully requests that this Honorable Court dismiss the Plaintiff I s Complaint with prejudice and further award Defendant David L. Myers all such other relief as is proper and just. Date: March 27. 1995 "- l. I By: ,"", ,,',~ v\Y\JU~Jll/h^ 0<>,- fvVlJ.Jltu:l paige Macdonald-Matthes, Esquire I. D. 1/66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Defendant) 8 CERTIFICATE OF SERVICE I i ,1 I , I, Paige Macdonald-Matthes, Esquire, do hereby certify that a true and correct copy of the Answer to complaint in the above-captioned matter was placed in the United States Mail, postage prepaid in Harrisburg, Pennsylvania on March 27, 1995, on the following: Ronald Amato, Esquire Amato & Associates, P.C. P.O. Box 1111 Allentown, PA 18105-1111 (Attorneys for Plaintiff) Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: March 27. 1995 BY~':""'\ 6ffi.e .J.-...." ,.. ",),,,,,,JI,,ol-_h'YIIIN," paige Macdonald-Matthes, Esquire 1.0. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Defendant) 9 ..-....-. ... .1.... VERIFICATION I, David L. Myers, verify that the statements made in the foregoing Answer to complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. section 4904, relating to unsworn falsification to authorities. ~\,~:R 1~ \ \ . Dav d L. Myers Date: 1:]1 ~< SH~R%~~'S RE~UAN CAsm NO, 1995-01Z47 P COMMONWEALTH O~ P~NNS~VANXAI COUNTY O~ CUMB~RLAND aH~~XN-WXLLX~S CO VS. HY~RB DAVX D L &:'l' AL ROB~~ L. ~XNK. SR. . She~irr o~ Deputy She~irr or CUHB~RLAND County, pennay~vania, who being du1y awo~n aooo~ding to 1AW, Daya, that he aQevod tho w~th1n COHPLAXN~ upon HY~RB DAVXD L dorandant, at ~S1S100 HOURS, on the 20th day o~ March th.. , 192 at 464 CROSSROAD SCHOOL ROAD CARLXSL~. PA 17013 County, PQnnay1Yan~a, by hand~n9 to ,CUHB~RLAND TAMMY HY~RB. WX~~ O~ DAVXD L_ , MYSlRB AND ADULT XN CHAI\QSl a truo and attaaCed copy or the COMPLAYNT , and at the aame t~m. d~r.ct~ng ~ ~tt.ntion to th. cont.nta thareor. ShQr~reta CODtDI DoolI:..ting scu:vice Arridavit SUICQhal:'g'C11 1B.00 5.04 .00 Z.OO So anlilWCllrSlI /4 rP"// .-0,." ~~.t1'-;)?.t'~,r.t.. "I.~~ 1\.. ThomaQ K11nQ,.' Shcud..rr s Z 5. 04 RONALD AMATO 03/Z1/1995 ~~ by ~~~ /2~ l/ D"puty Sh..~irr -~ --~. Sworn and aubacribod to boror. m. thia ;)? r:J, dllY or '7).......LJ < " 19 (~ A.D. ~ \"IL~ (J. n'L<.R.e,....... AJ!~" t T Prothonotary' i.". :'1 ::c ('-- '"' .... N ~,.. .r ,_ ., . ..1 :-~ -.:' .\ ~;~,~, .~ ;:., ~..., -':.:J "41 ,.) ....., 1-41 -:)-. U"'I en --:.:r- ~.) ;.~ ~ .:-R - '" ~ ~( ('-- en .., ... = '- ',- "l I\) ~ .", - , --...L .........~ r, ~ '- ~, fl'" '--........ '~ \.r)": J "_ I / (, ! ....... .) f' ~i! ~~ , ., ...'" "u.. ua~"!".'. h~..... IS." OftfnfO. ou~ 'I't1IJlIml Hy LAW OFFICES AMATO AND ASSOCIATES 107 NORTH COMMERCE WAY DETIlLEIiEM, PA llio17'8930' . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN-WILLIAMS COMPANY No. rO"-- /.14-7 aMJ-CL.J.~ Plaintiff vs. DAVID L. MYERS I/t/a MCREARY & MYERS GENERAL CONTRACTORS Defendant CIVIL ACTION 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 AFfER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITIEN APPEARANCE PERSONALLY OR BY ATIORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Admlnislrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 AMATO AND ASSOCIATES, P.C. By: rt:.~,ltl tih~ Ronald Amalo Attorney ID #32323 Attorneys for Plaintiff , -. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE SHERWIN.WILLIAMS COMPANY Plainliff No. vs. DAVID L. MYERS lit/a MCREARY & MYERS GENERAL CONTRACTORS Defendant(s) CIVIL ACTION COMPLAINT The above Plaintiff brings Ihis acllon against Ihe above Defendant to recover the sum of $2643.90, wilh Interest Ihereon as hereinafter slaled, upon Ihe following cause of action: 1. The Plaintiff, THE SHERWIN.WILLIAMS COMPANY is a corporation whh a place of business located at PO Box 5819 Cleveland, Ohio 44101. 2. The Defendanl, DAVID L. MYERS Is located al 464 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. COUNT I 3. Plalnliff Incorporales the allegations of every paragraph enumerated above of Ihls Complaint as If said paragraphs were fully set forth here at length. 4. Upon Infonnatlon and belief, Plalnllff believes and therefore avers that McCreary & Myers was a corporation whh a place of business of 1401 Main Slreet, Mechanicsburg, Pennsylvania 17055, 5. The Plaintiff, at McCreary & Myers's special instance and requesl, sold 10 .'l, 6. The prices charged for the aforesaid items are just and reasonable and are McCreary & Myers certain goods and merehandlse in the amount and for the prices set forth In Invoices referred to in a Statement of McCreary & Myers' Account taken from Plaintiff's books and records, a true and correct copy of which Is all ached hereto, made a part hereof and marked Exhibit "A". those which McCreary & Myers promised to pay Plaintiff. 7. McCreary & Myers received and accepted the goods described in Ihe Invoices referred 10 In Exhlbil "A" and a total principal amount which ~came due as a result thereof, after allowance for all proper credits for paymenls and/or returned merehandise, if any, was $1510.40. 8. Plaintiff is entitled to receive Interest on Ihe above amount detennlned by applying the agreed Interest rate of 18.00% per annum 10 the past due balance. As of February 28, 1995 Ihe total amount of interest due to Plaintiff is $683.50. " 9. Plaintiff Is entitled to have the 18.00% Interest charge continue to accrue as set forth above, from February 28, 1995 on down to the date of judgment In this mailer. 10. The Plalnllff has made demand against the McCreary & Myers for $2193.90, but McCreary & Myers failed or refused to pay the same or any part thereof. 11. Defendant, DAVID L MYERS, executed a wrillen personal guaranlee, wherein guaranlor personally guaranteed the repayment of any and all extensions of credit Plaintiff would advance to McCreary & Myers. A copy of the personal guaranty Is allached hereto, made a part hereof, and marked Exhlbil "B". 12. In reliance upon the written representations, promises and guaranlee of the Guarantor, Plaintiff extended credilto McCreary & Myers, In the amounts indicated in . ExhibitIA". 13. The Plaintiff has made demand againstlhe Defendanl/Guaranlor. for $2193.90, but Defendant failed or refused 10 pay Ihe same or any part Ihereof. 14. In accordance with the aforesaid agreemenl, Defendant further agreed to pay Plaintiff's reasonable attorneys' fees Incurred In the collection of any balance due Plaintiff, which total $450.00. 15. As a result of the aforesaid breach by the Guarantor of its representations, promises and guarantee to repay Plaintiff, Plaintiff has suffered damages in the amount of 2643.90, together with interest and costs. WHE~EFORE, Plaintiff demands judgment against the Defendant/Guarantor for $2643.90 together with the continually accruing interest charge at the agreed rate of 18.00% per annum from February 28, 1995, costs of suit and all other rellef to which Plaintiff may be justly entitled. COUNT (( (Alternative to Count I) 16. Plaintiff Incorporates the allegalions of every paragraph enumerated above of this Complaint as If said paragraphs were fully set forth here at length. 17. Upon infonnatlon and bellef, Plalnllff believes and therefore avers that McCreary & Myers was a partnership with a place of business of 1401 Main Slreet, Mechanlcsburg, Pennsylvania 17055. 18. The Plaintiff, at Defendant's special Instance and request, sold 10 Defendant certain goods and merchandise In Ihe amount and for the prices set forth In Invoices referred to In a Statement of Defendanl's taken from Plaintiff's books and records, a true and correct copy of which Is allached hereto, made a pari hereof and marked Exhibit "A". 19. The prices charged for the aforesaid hems are just and reasonable and are those which Defendant promised 10 pay Plalnliff. 20. Defendant received and accepled the goods described In Ihe Invoices referred 10 In Exhibh"A" and a total principal amounl which became due as a resulJ thereof, after allowance for all proper credits for payments andlor relumed merehandlse, If any, was $1510.40. 21. Plaintiff Is entitled to receive Inlerest on Ihe above amount detennlned by applying the agreed Interest role of 18.00% per annum to the past due balance. As of February 28, 1995 the tolal amount of interest due to Plaintiff Is $683.50. A lrue and correct copy of Defendant's credit appllcalion Is attached herelo, made a pari hereof, and marked Exhibit "B". 22. Plainliff Is entitled to have the 18.00% Interest charge conlinue to accrue as set forth above, from February 28, 1995 on down to the dale of judgmenlln Ihls mailer. 23. The Plalnllff has made demand agalnsllhe Defendant for $2193.90, bul Defendant failed or refused to pay the same or any pari Ihereof. 24. In accordance with the aforesaid agreement, Defendant further agreed to pay Plaintiff's reasonable allomeys' fees incurred in the collecllon of any balance due Plalnliff, which total $450.00. WHEREFORE, Plaintiff demands judgment againstlhe Defendant for $2643.90 togelher with the continually accruing Interest charge at the ogreed rate of 18.00% per annum from February 28, 1995, costs of suit and all other rellef to which Plaintiff may be justly entitled. AMATO AND ASSOCIATES, P.C. By: R~.LJ a~;J:~ Ronald Amato Attorney ID #32323 Attorneys for Plaintiff P.O. Box 1111 Allentown, PA 18105-1111 (610) 866-0400 PAGE B3 . '. VERIFICATION J'~ ~FIf'K. , hereby Rt.lltu that hc/~ ioll Lhu )P1,t~('''(}',IJ/1-,4;t$(, of THE SHERWIN-WILLIAMS COMPANY . Plaintiff in thl~ action, and verifies that the st:aterrentR mado in the attached Complaint are true and correct to thp. h~st of his/her knowlcdYH, informatIon and belief. The underl'licrned undQt'stands that thtl l:ltatements herein are made subject to tho ponaltiea of 1Q PA C,5. Section 4904 relating to unsworn tlllRif.icat:lon to ~uthorit:ios. SHERWIN-WILLIAMS STORES DIVISION CONSOLIDATED ACCOUNT SUMMARY - ALL JOBS 02/03/95 RSARM007 CUST...... 6607-1961-8 MCCREARY AND MYERS GEN CONTR UNAPPLIED PAyMENTS/CREDITS.... 1-30 PAST DUE.............. . . . 31-60 PAST DUE...... ........ .. 61-90 PAST DUE................ OVER 90 PAST DUE.............. .00 .00 .00 .00 1,510.40 1,510.40 .00 1,510.40 .00 1,510.40 .0% .0% .0% 100.0% T/A: 1 PAINTER DCM........ 09680 STORE...... 9694 SIC........ 1521 TERMS CODE: COD TOTAL PAST DUE................ CURRENT DUE.....,.....,....... TOTAL COLLECTIBLE............. FUTURE DUE................. . . . 100.0% 100.0% .0% 100.0% 100.0% .0% 100.0% *** TOTAL CURRENT BALANCE **** LAST STATEMENT BALANCE..... ... 1,510.40 TOTAL EXPOSURE.. 1,509 CUST: 6607-1961-8 JOB: PF1 a HELP PFll a MAIN MENU DC903077 THIS CUSTOMER HAS MULTIPLE JOBS PF12 = EXIT APPLICATION EXHIBIT I A ...J~_ COMMERCIAL CREDIT ~PPLfCATfON 'Of"")OO()Oee n.v '2", -J-!J.!-J....; I i":' P1(('.. U D.le' APPLICATION FOR CREOIT: Pleale print or type all application Information. Flrm'l Full Legal Noma: _trL~~~'f~' '-~r=......\ ("J"~".o.1t-.._.. -"-..:.\ Slreet Address: I ., Billing Address: '-1,....1 ' ,'":,,,. (.,jo City: M.........., :, , .,~ . '"'' ....,' Paranl Company: /.--"'\"'I'~ Slate: "'i"'.::)~....l"" Phone No,: ("'':7. 'Ii 'i/.. County: City: Zip Code: Iirt~'IlI~Ii!! 'lJ.!m r~ _ Please check on a: 0 Proprietorship (For Proprietorship 0' Partnership) Full Name 01 Owner or Owners: L1sl Home Address. Zip Code & Soclel Security Number 01 Partnership, r,,'. '''I''J ", . ',. w.....,. t,,}, ',11 I II f I Nsme Home Address City Slale Zip Code ," ". 1, ~....\4. l'lI:(......~ 1......\....!n...~J.:,.~..... tr.....\" ~~u.. I',,,,,,, SSM: \U~""~""\S13 Drivers lie. M: -1a~:I.1~IL_._.. \ 'a'-K) SSM: \'.c;'. ~'9....~I.<'l.. l3'" Parlnershlp o Corporalion ." Ilf: :.~ '! l'ih;: " of.... .. .. 2, 'to\..."Q \~''''_ ~b'" I ~.... '1,"",1 (For Corporstlon) Fed, To, No,: Slele Incorporaled In: An AUlhorlzed Financial Officer of Corporalion: lYpe 01 Business: Conlraclor Lie, M: Eslimaled Annual Sales: Number Employed; Esllmalad Annual Purchases: II Tax Exempl. please Indicate Exemplion No. .,,, ",";.'",. L.. "~"'s.\,~l..~ VP-N'::t..... , Corporale I,D. No,: Drivers Lie. M: \~"l4'..~loW.- Date Business Slarted: Purchase Orders Req,; OVas ~No II your business property 0 Owned II owned - Value? Is your home residence Er Owned Olher Employmenl: o Leased Leased from whom: Real Est. Mort, - II yes with whom: o Renled How long at lhls address? -n-..... \,./, ....A ~ocalion: and altach a copy of the Cerliflcale. ;.. . 't' ... ~"" ," .... :-0"-. Nam. Address TRADE REFERENCES City State ZIp I~C> Phone' Acct. No, 1, , 2, ~ ~ .... .. 3. 4, 5. ..~ "'" (II addlllonal space Is needed altach separale sheels 10 appllcalion.) Name 01 Bank 'Xlo..:>'? Bank Officer SlreetAddress ~,_\>~..,.l.'l.o~ "lQ. CUy in..,I.......:,..\..,1'Q:, Name of 9ank Bank Officer Slraet Address CUy Slale I HOlE: IN ADDlnON TO THE ABOVE, PLEASE ENCLOSE A COPY OF YOUR MOST RECENl FINANCIAL STATEMENT (INCLUDE FOR PARTNERSHIP OR PROPRIElORSHIP), Slale Accl." r"\lf'fl: J"'Y'I\""q~_J tlra...."'b.... Zip I "r"\~ EXHIBIT , B ! , ~ Accl, II credit I. gronled, l/we undersland Ihallhe le,m. ollhe .ale a'e n" 20lh 0' Ihe manlh 'allowing purch.... The Shorwln.Wllllam. Campony may cha,g.lnlore., on any pa'l due balance allhe maximum 'ale allowed by law wilh aald Inle,e.. being calculaled lrom Ihe dale 01 delauit, , In consideration of The Sherwin.WiIIlams Company ell lending credit 10 the abovo business. l/we do hereby agree, 101011)' Bnd Individually, 10 pay for all gOOdS. warel and merchandise supplied 10 me or 10 any 01 Us to the above busmess. In lhe 8Venllhal any aecounlls paced Wllh a thUd party 'or collection, l/we agr.. 10 pay all costs InclUding rea.anable allarney lee., caur! cosl. and IInance charg... IIwe aUlho,lzelhe Shsrwin.Willlam. Company 10 Invesllgale au, credit hislary, bank ,elerence. and any olher Inla,mallan daemed neces.ary 10 exlend c,edit, l/we ao,oe 10 Immedlaloly, nOllly lhe Sherwin.WiIIlam. Company 01 any change In ownorshlp 0' add,as. or larm 01 .aid bu.'n..., lhi. ag,eemonl .hall remain In 'arce umll w'" en nollce 0' revocallon I. ,eco,ved by The Sherwln.Wllllams Company, 8~~O .F.1~ .1'1 1f'''''S-JS'I. AUlhonzed Signature ,..~Ot6 O:tln _