HomeMy WebLinkAbout00-01697
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
Defendants.
CIVIL DIVISION
NO.: do - /&,97 Ct()~lCy-~
TYPE OF PLEADING:
COMPLAINT IN CIVIL ACTION
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph R. Lawrence, Esquire
PA I.D. No. 65709
McGRATH & ASSOCIATES, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.: (412) 281-4333
FIRM NO.: 025
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL,DIVISION
NO. :
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation,
ASHLEY GORDON, Individually,
Defendants..
NOTICE TO DEFEND
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 THE COMPLAINT AND NOTICE ARE SERVED, BY
ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND THE
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 ANT MONEY
CLAIMED IN THE COMPLAINT OR FOR ANY CLAIM OR RELIEF REQUESTED BY THE
PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT
TO YOU.
YOU SHOULD TAKEnTHIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT
HAVE OR KNOW AN LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
PENNSYLVANIA LAWYER REFERRAL SERVICE
PENNSYLVANIA BAR ASSOCIATION
P.O. BOX 186
HARRISBURG, PA 17108
(800) 692-7375
IN THE COURT OF COMMON PL~AS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIVISION
/7 - -Q I-L<--
NO.: o-v-/C.97 ~
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
Defendants.
COMPLAINT IN CIVIL ACTION
NOW COMES the Plaintiff, The Sherwin-Williams Company, by and
through its attorneys, McGrath & Associates, P. C., files this
Complaint in Civil Action and in support thereof states as follows:
1. The Sherwin-Williams Company is a corporation organized
under the laws of Ohio with offices located at 1121 Eleventh
Street, Conway, Pennsylvania 15027 (hereinafter referred to as
"Plaintiff" ) .
2. Defendant, Prepared Millwork, Inc. (hereinafter "Prepared
Millwork"), is a corporation organized under the laws of the
Commonwealth of Pennsylvania with an office located at 720 Sterling
Court, Enola, Pennsylvania 17025
3. Defendant, Robert L. Slagle (hereinafter ~SlagleH) is an
individual and officer of the corporation, Prepare M~llwork, Inc.,
who has an address of 1261 Claremont Road, Carlisle, Pennsylvania
17013.
4. Defendant, Penn Finishing, Inc. (hereinafter ~Penn
Finishing") is a corporation organized under the laws of the
Commonwealth o~ Pennsylvania with an office located at 102 Locust
Street, East Berlin, Pennsylvania 17316.
5. Defendant, Ashley Gordon (hereinafter ~ GordonH) is an
individual and officer of the corporation, Penn Finishing, Inc.,
who has a busines,s ac1dress of, 102 Locust Str,eet, East Berlin,
Pennsylvania 17316.
COUNT I
The Sherwin-Williams Company vs. Prepared Millwork. a
Pennsvlvania Corporation and Robert L. Slaale. Individuallv
6. The averments contained in Paragraphs 1 through 5, above,
are incorporated herein by reference as if fully set forth herein.
7. On or about June 4, 1993, Defendant, Robert L. Slagle,
executed a Comme~cial Credit APplication requesting Plaintiff
extend credit to Prepared Millwork and Robert L. Slagle for the
purchase of paint, related materials and equipment. A true and
correct copy of the Credit Application is attached hereto, made a
part hereof, and marked as Exhibit uA."
2
8. Robert L. Slagle had both actual and apparent authority
to execute said Credit Application on behalf of Prepared Millwork,
and was acting both in his capacity as its agent and in his
individual capacity as guarantor of any indebtedness created by the
extension of credit thereunder.
9. The terms of the above-referenced Credit Application
provide; "If credit is granted, I/we understand that the terms of
the sale are net 20th of the month following purchase.fl
10. Plaintiff extended credit to Prepared Millwork and Robert
L. Slagle, at their request, for the purchase of paint and related
materials in the total unpaid amount of $48,849.09.
11. The latest date that payment was due without default for
any of the above referenced amount was October 20, 1999.
12. Defendant, Prepared Millwork tendered four (4) checks
numbered 1507, 1515, 1523, 1491, (hereinafter referred to as the
"Checksfl) in the aggregate amount of $11,049.09 as payment for the
materials supplied by Plaintiff.~
13. Each of these checks, which were drawn on an account at
PNC Bank, were returned to Plaintiff without payment. Each of
these Checks have been returned for the reason that Defendant had
non-sufficient funds in its accounts. True and correct copies of
the returned checks are collectively marked as Exh1bit UB,"
attached hereto and made a part hereof.
3
14. Plaintiff has made demand on Prepared Millwork and Robert
L. Slagle for payment of the above amount on numerous occasions.
15. Prepared Millwork and Robert have defaulted on their
payment obligation by refusing, and continuing to refuse, to tender
payment of the above amount.
16. Pursuant to the terms of the Credit Application,
Plaintiff is entitled to collect interest on the past due balance
at the rate of 1.5% per month totaling $2,198.21 as of January 20,
2000 and continuing at the rate of $24.41 per day until judgment is
entered.
17. Pursuant to, Prepared Millwork and Robert L. Slagle's
default and the terms of the Credit Application, Plaintiff is also
entitled to collect reasonable attorneys' fees which are estimated
to be $10,209.46 representing 20% of the unpaid balance.
WHEREFORE, the Plaintiff, The Sherwin-Williams Company,
demands judgment against Defendants, Prepared Millwork, Inc. and
Robert L. Slagle, jointly and severally, in the amount of
$48,849.09, plus interest of $2,198.21 through January 20, 2000 and
continuing at the rate of $24.41 per diem until the date of the
judgment, plus reasonable attorneys' fees estimated to be
$10,209.46, plus post-judgment interest and costs.
4
COUNT II
The Sherwin-Wi11iams Companv vs. Ash1ev Gordon
18. The averments contained in Paragraphs 1 through 17,
above, are incorporated here~nby reference as if fully set forth
herein.
19. A check numbered 1136, drawn on the Financial Trust
account of Penn Finishing, Inc. (hereinafter referred to as the
"$645.00 Check") in the amount of $645.00 was tendered as payment
for the materials supplied by Plaintiff on the Prepared Millwork
account which check was signed by Defendant, Ashley Gordon.
20. On or about July 17, 1999 a check numbered 1523, drawn on
the PNC Bank account of Prepared Millwork, Inc. (hereinafter
referred to as the "$2,101.98 Check") in the amount of $2,101.98
was tendered as payment for the materials supplied by Plaintiff on
the Prepared Millwork account which check was signed by Defendant,
Ashley Gordon.
21. Both the $645 Check and the $2,101.98 Check, were
returned to Plaintiff without payment. The Checks have been
returned for the reason that the account had non-sufficient funds.
True and correct copies of the returned Checks are collectively
marked as Exhibit "C," attached hereto and made a part hereof.
5
22. Upon information and belief, Defendant, Ashley Gordon
signed the subject checks with knowledge that there were
insufficient funds in, the. account to cover the amount of the
Checks.
WHEREFORE, the Plaintiff, The Sherwin-Williams Company,
demands judgment against Defendant, Ashley Gordon, in the amount of
$2,746.98, plus post-judgment and costs.
COUNT III
THE SHERWIN-WILLIAMS COMPANY vs. PENN FINISHING. INC.
23. The averments contained. in Paragraphs 1 through 17,
above, are incorporated herein by reference as if fully set forth
herein.
24. Upon information and belief, all of the materials which
were supplied to Defendants and that are the subj ect of this
action, were utilized by Defendant, Penn Finishing, in the
operation of its business and in the manufacturing ?f is products.
25. Defendant, Penn Finishing's principals are also
principals of Defendant, Prepared Millwork and directed the use of
the materials by Penn Finishing with knowledge that Prepared
Millwork, Inc. would not pay for the materials.
26. Defendant, Penn Finishing, would be unjustly enriched at
the expense of Sherwin-Williams if it were to retain the profit
from the utilization of .the materials without,reimbursing Sherwin-
Williams for the cost of the materials.
6
WHEREFORE, the Plaintiff, The Sherwin-Williams Company,
demands judgment against Defendant, Penn Finishing, Inc., in the
amount of $48,849.09, plus post-judgment and costs.
McGRATH & ASSOCIATES, P.C.
ey,~
Joseph R. Lawrence, Esquire
PA. I.D. No. 65709
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
(412) 281-4333
Firm No. 025
7
,u~~_ ------ COMMERCIAL CREDIT APPLICATION .- '.-
Fonn'3OOOOlllIRw.6I9O /".' f: . ., 17' ""3 ~
. ~
APPLICATION FOR CREDIT: Please print or type all application Information. (For all appUcantsl
Firm's Full Legal Name: PeepA-/2.:CD Mr.1 I !..:lc:J(a.\<"
Street Address: L..hq E. I+.r:r-l~ ~_ Cj(\-(2l...'W>LE
Billing Address: "? o. & x. \0 I
City: ~\+TC'(:...<;'i-\-~I.)n y . State: _PA
P.arent Company:
Type of Business: s:rc.. 2.<.j.~ i Contractor Lie. #:
Estimated Annual Sales: 11000. 000 Number Employed:
Estimated Annual Purchases: .::l1'"'O .oQ-")
.
- If Tax Exempt. please Indicate Exemption No.
- Is your business property CJ Owned CJ Leased
If owned - Value?
Phone No.
(717) ;lS'3' I~C~
I -'jsml - 3<-,> -/2'8
\ 'X'&;, ~S
Zip Code:
~c
State: TO Ll.;'_--,_:
County;
City:
Date Business Started:
. Purchase Orders Req.: CJ Yes ~
and attach a copy of the Certificate.
Leased from whom:
LA
Address
Real Est. Mort. - If yes with whom:
TRADE REFERENCES
City
f
,
r:s
Acct. No.
7
2.
3.
4.
5. I ~re.... I (~
(If additional space is needed attach separate sheets to application.) I
<;sr -. II,' r _.'-1-1
Name of Bank ..." >'l' Bank Officer ~ <:n'l"; ( VI Acct. #
Street Address Ibtl, S;' rY/'I-'ck- pll- Zip Code
Name of Bank 1'1 (je,. -p,c,ft. #
Street Address City qm State 'Ifj- Zip Code /7&(",
NOTE: IN ADDIT]ON TO THE ABOVE. PLEASE ENCLOSE A COpy OF YOUR MOST RECENT FINANCIAL STATEMENT (]NCLUDE PERSONAL STATEMEN
FOR PARTNERSH]P OR PROPRIETORSH]P). IF NOT ENCLOSED. ]S A FlNANC]AL STATEMENT AVA]LABLE? Cl YES Cl NO .
Please check one: CJ Proprietorship CJ Partnership CJ Corporation
(For Proprietorship or Partnership) .
Full Name of Owner or Owners: List Home Address, Zip Code & Social Security Number of Partnership.
Na e Home Address State Zip ode '(pc( tf0
1. "'" ss#: A - ~
rr"
2. ~. Si,"S/c {,;:;lr\Lsk OlE\- /JDI<:'
is your home residence 0 Owned 0 Rented How long at this address?
Other Employment: Location:
(For Corporation) Fed. Tax No.: Drivers Lic. #:
State Incorporated In: . Corporate 1.0. No.:
An Authorized Financial Officer of Corporation:
Drivers Lic. #: -'----
SS#: IfS=~-6,
If credit is granted. I/we understand that the terms of the sale aTB net 20th of the month following purchase.
The Sherwin.Williams Company may charge interest on any past due balance at the maximum rate allowed by law with said interest being calcl!!at
from the date of default.
In consideration ot The Sherwin-Williams Company extending credit to the above business, IIwe do hereby guaranty, jointly and individually, to pay
all goods, wares and merchandise supplied to me or to any of us to the above business. In the event that any account is placed with a third part';
collection. Ilwe agree to pay all costs including reasonable attorney fees, court costs and finance charges.
IIwe authorize The Sherwin.Wi1Iiams Company to investigate our credit history, bank references and any other information deemed necessary
extend credit. IIwe authorize our suppliers/banks to release all pertinent credit information.
l/we agree to immediately notify The Sherwfn-Willlams Company of any change in owner Ip or address or form at said business. This agreement sh
remain in force 'J written notice of revocation is received by The Sherwin-W~s Co pan. J c-. L
, ~ "-- ~i\ Iff ~
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EXHIBIT n An
'FR01'l: """'.n,an Wi 11 iams ~ ~,=,49'
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PREPARED MILLWORK. INC
General Ag;ount
P 0 Bo" 4Z7
New Kirigstown, P. 17072
Ph 717-766-l.576 Fax 717-766-9364
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8i>1273131:.'. 4~
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I.'Rm'AlUID MILLWORK. IN,--;
General Account
POBox 427
New Kinsslown, Pa 17072
l'h 717-766-2576 Pax 7l7-766-9,;6~
OO-1~1:l.c&
PNCBANK
~~~N.A.G(O' " :v.;
FOR R....,,!accl'J'lfA! . 1/';; 6-;2;..",. ,C.' . _ .cf~.-r:lcc..
~ ~000151S~ CD~1~12'~a~ $ODDa~10a~~ ~ODOO;10500~
...---.:i ~~...........+,_....:_L____.....__.__...+~.____......._..............._.__........ . .. -'--~
FROM : Sherwin Wi ii-fares ~ 5~4S
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PRHPARllD MILLWORK. INe.
General Account
P 0 'Box 4Z7
Now !ulI!l"luwn. P. I70n
Ph 7J7-760-2570 FIx 717.760.9364
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~gvTHE S erw'~ - (;tit (/ ,;;'1'11
ORDER OF
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. PNCBANK
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PNr. ibM, N....
7A 040
FOA.~ I'A full
n"OOO 10 5 2 :\11"
DAmJuly /~/9'rr
f. $L~/ol,.!l!::
DOU.ARS
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FROM' Sherwin Wi lliams <I 5949
PHONE NU. : 11( d4~ 4~O~
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General Account J' -'
POBox 4Z7
. New. K.in8"ltoWT1~ Pa 17072 .. . '.
Ph 717-766-],576 Fox 717.766-9304
8001273131:1 46
.._;;.. DOLLARS
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PNClBANK.
PNC But. N.A. G
Coainl PA 040
>>"000 .l... *>>,,:0 'i 1:i ~ 2 '? :iB':
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FROM: Sherwin Williams'~ 5949
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~~N PlNI5HING, IN\,..
",,,,NERAL ACer.
7t7-7fb.1S76
P. O. BOX 1018
NEW I<INCSTOWN. PA.l~
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,"00000 G.l, 500,"
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EXHIBIT "e"
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PREPARED MILLWORK, INC.
General A'<<:.ount
P 0 !lox 417
New Kj:n~town. PII 17072
Ph 7]7-7bo-).570 Fox 717.766-9364
I
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1.523
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DOU.ARS
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FEB-15-00 lUE 02:45 PI'!' ":l1bGr'alh 2< {i"ocial., .
FAX NO. 4122812141'
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P. 19/19
VEP.I PIP-cn 8TA"']';!'iI::N'\'
J, William 'Vusile, am duly authorized to. ,:rr.aJ<;9c~.tl.1j,~ Verified
SLat.ement'on behalf of n.e Sh~'r.win-Williams Cqmp;>.tly, .;,-ng I hereby
vp.rify' ill';' t: the st.a.tements set forth in the foregoj,pg Cq1:1'.plaint in
Ci vilAcit ;;oniltc t:r.ue and correct ~o the best.,,'9:f .my '~.nowledge,
inform" t i on ,md belief.
~ ... ,'". -.
.' .
T fi'hdi3!'straTitlcthat false stat.ements made- heJ:;e'ill'ilrPr~:ubject to
Hw r>pni11 t.,hfi" OFltl Pa C.S. fi4904, relutinq to' unsworn. .f,al,,,ificaticn
t.O ':l<ltho.ri ti..".
. . ~
/,u/ / // .
~ .2:?JfV\.
Wi~liam Vasile ". u_,.,_
The Sherwin-Williams Compuny
sH/PrQP~rcd Mill~ork. Tn~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01697 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERMAN-WILLIAMS COMPANY
VS
PREPARED MILLWORK INC ET AL
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County, Pensylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
PREPARED MILLWORK INC
the
DEFENDANT
, at 0013:55 HOURS, on the 3rd day of April
, 2000
at 720 STERLING COURT
ENOLA, PA 17025
LEROY GORDON (ADULT IN CHARGE)
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
18.00
8.68
.00
10.00
.00
36.68
So Answers:
r~~e
R. Thomas Kline
04/05/2000
MCGRATH & ASSOCIATES
Sworn and Subscribed to before
By:
/o"K{.(ff
me thisr' lite.-
day of
~ c2-o-rrD A. D.
~. () I'h,;/?_ _ ~
' othonotary "
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-01697 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERMAN-WILLIAMS COMPANY
VS
PREPARED MILLWORK INC ET A~
KENNETH GOSSERT
Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT IN CIVIL ACTION was served upon
SLAGLE ROBERT L
the
DEFENDANT
, at 0015:10 HOURS, on the 3rd day of April
2000
at 1261 CLAREMONT ROAD
CARLISLE, PA 17013
by handing to
ROBERT SLAGLE
a true and attested copy of COMPLAINT IN CIVIL ACTION together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
3.10
.00
10.00
.00
19.10u
SO;:-~~e
R. Thomas Kline
04/05/2000
MCGRATH & ASSOCIATES
Sworn and Subscribedto.before
me this II T!:::-
day of
By: ~ ~+
/ D p~ r' ff
~ 0l.4-QiJ . A.D.
~Q~,~
othonotary , u .
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2000-01697 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHERMAN-WILLIAMS COMPANY
VS
PREPARED MILLWORK INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
PENN FINISHING INC
but was unable to locate Them
in his bailiwick. He therefore
deputized the sheriff of ADAMS
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On April
5th, 2000 , this office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing
Out of County
Surcharge
Dep. Adams Co.
6.00
9.00
10.00
35.20
.00
60.20
04/05/2000
MCGRATH & ASSOCIATES
so~~
R. 'homas Kline' '
Sheriff of Cumberland County
Sworn and subscribed toc);>efore me
this lite::. day of f7A".R
oU-1.ro A. D .
~ /) <.
'-. e;n" ~ CL 1'V1JjJl}#~) ~
Prothonotary
SHERIFF'S RETURN - OUT OF COUNTY
ChSB NO, 2000-0~697 P
COMMONWEALTH OF PENNSYLVANIA:
CQUNTY OF CUMBERLAND
SHERMAN-WILLIAMS COMPANY
VS
PREPARED MILLWORK INC ET AL
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
GORDON ASHLEY
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of ADAMS
County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On April
5th , 2000 ,-t:fils--office was in receipt of the
attached return from ADAMS
Sheriff's Costs:
Docketing
Out of County
Surcharge
6.00
.00
10.00
.00
.00
16.00
04/05/2000
~CGRATH & ASSOCIATES
~..o an~~ ~~
- ~-~
R 'Thomas Kl ine -
Sheriff of Cumberland County
Sworn and subscribed to before me
this }} (f:.. day of ~
;lrnro A.D.
~CJ. ~t~
prothono a y
~
DATe: RECEIV.J;;D
DATE PROCESSED
""""-~...:-
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
_ - --__-- -_: ~ 0 __ _ - __ "". _'- -.- _' _ ".'
INSTRUCTIONS: See "INSTRUCTIONS FOJ:\ S-ERVICE OF PROCESS BY
THE: SHERIFF" on the reverse of the last (No.5) copy of this form. Please
type or print legibly, insuring readability of all copies.
00 not detach any copies. ACSO ENV./I
2. cou"R-''( NUMBER
20-1697 -Civil
Co- +- o.-J
,CORPORATION, ETC.. TO S~.R\;fCE OR -DESCFHPTION OF pl:ibPERTY
le
6. AODRESS (Street
,
AT
7. INDICATE UNUSUAL SERVICE:
Now, 3/22/00
of
idn being
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION T!1AT WILL A"sSis"rIN -EXPEl5rnN<1"SERVICE~
SHERh:F"b~
~Umoerl..ana co.
UNTY
"...-...~- -
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.S. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property-under within-writ may leave
same withoL!t a watchman, in custody of whomever is found in possession. after notifyIng persoil of levy or atiachrrie"nt: without liability on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any such property !?efor~ sh~T~1T'S saJe _thereof..
9. SIGNATURE- of ATTORNEY or other ORIGINATOR "-requesting. service on be~~~" 10. TELEPHONE NUMBER
~~INTIFF
- R, '( 0 DEFENDANT ~\r ti3 \-Jt2,33 ,3 /6 00
SPACE BELOW FOR U HERIFF ONLY":="- DONor WRITE BELOW TRIS CINE
SIGN R
11. DATE
14. Expiration I Hearing date
"~>, March 24
2000
----~,-_.-..
",,--- - .~ .
.-<:..::...
15. I hereby CERTIFY and RETURN that I ~ave personally served, 0 have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse)
o have posted the above described property with the writ or complaint described on the individual,_ company, corporatlon, etc., at the address shown above or on the
individual, company, corporation, etc., at me address inserted o_elow by handing/or- Posting a TRUE im~ ATTESTED COpy therof.
Ashle Gordon
19. Address Qf where served -(Complete- only if different than shownaoove)
State and ZIP CODE) .
16. 0 I -her..eby Certify and return a ~NOT FOUND beca_use I "a.ir!. ;unao'ie_t:'rQcateffi~ -iii~iVl~ual:-company, Cl)rpcir8fion:c4ili:~'; -namea~ffiWe. (See' remarks- celOw)
17. Name and iille of individual serveCl .- . , _-""'C.-___ .:'~ o?. ?:.." ~ --....., --';8.- A- p~on'Cf-stlitab';.age and diScr~tion
then residing In the defendant's usual
place of atode. 0
Read Order
o
Street or FE>, "Apartment ~o.; City, Bora, Twp:;
20. Date of servie;e
21. Time
3/29/2000
10:3OAM
22. ATTEMPTS
Oep.Jnt. Date
23. Advance Costs
$150.00 Flil.Atty
25,
Miles
Dep.lnt.
Ck. 3348
-:=-i'
-~,- ~
AFFIRMED and subscribed to before me this
N/A
day of
19
Date
3/29/2000
Signature of Sheriff
RAYMJND W. NEWMAN
Date
3/29 2000
PrOthon0l8ry'lOeputylNotary -Public
SHERIFF OF ADAMS COUNTY
MY COMMISSION EXPIRES
I ACKNOWLEi:)(~E--RECEIPT OF THE SHERIFF'S FU;:TUR"rS1GNATURE
OF AUTHORIZED ISSUltlIG_ AUTHORITY AND TiTlE.
39, Date Received
, .
PROTHONOTARY
'(
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SHERIFF'S RETURN OF SERVICE
,.
,
(
(1) The within
upon
defendant by mailing to ,
by _..._...__.
prepaid. __
a true and attested copy thereof at_._.
, the within named
mail, refurn receipt requested, postage'"
on the
)
The return receipt signed by
defendant on the
made a part of this return.
(2) Outside the Commonwealth,
and attested copy thereof at_
is nerelo attached and
pursuant to Pa. R,C.P.405 (c) (1) (2), by mailing a true
in the following manner:
( ) (a) To the defendant by ( ) registered certified mail, retilrn receipt reques1ed,
postage prepaid, addressee only on the' _..
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
thaI Defendant refused to accept the same. The returned receipl and envelope is attached hereto
and made part of this return.
And therealter:
( ) (b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing-thereon. on the .
I further certify that alter filteen (15) days from the mailing date~ I have not received
said envelope b3Ck from the Postal Authorities. A certificate of mailing is hereto attached as a
pwof of mailing. " .
(3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County of Adams. Commonwealth of Pennsylvania, artd the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for .'.,. . .'__"'. __..__,
successive weeks of ____ .__',__'_'"
__'" '. -. The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are heralo attached and made
part of this return.
(4) By mailing to_,_,.,_....
by mail: returnreceipt requested, postage prepaid,
on the, '
a troe and attested copy thereof at _"".,
~., ~ -
'''''returned by the Postal
The
Auth.orities marked
is hereto attached.
(5) other
- ~~
J_
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- '
DATE RECEIVED
. ~
DATE PROCESSED
~-","-~--~
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE,GETTYSBURG,PA17325
SHERIFF SERVICE
PROCESS RECEIPT, and AFFIDAVIT OF RETURN
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICe-OF PROCESS BY
THE SHERIFF" on the reverse of the last (No.5) copy of this form. Please
type or print legibly, insuring readability of all copies.
Do not detach any copies. ACSD ENV.1f
..---~ ~==
2;--COURT NUMBER
20-1697 Civi
Cm"Y)
e.- -I 0.-1
Te._... TO SERVICE 9R "oESCRIPTION OF' PROPERTY TO
C.
6. ADDRESS (Street or RFD, Apartment No".City Bora, Twp" Slate and Zlp.CODE)
AT
PA
/7 3/ ~
/ ()U{5, f S-!-ve- ,d r;os + Ber II j/\.
7 . INDICATE UNUSUAL SERVICE: 0 PERSONAL 4fERSON IN CHARGE X(OEPUTJ:ZE .0 - CERT. -M'AIL - 0 REGISTERED \";A1C-O POSTED d'~O"-HE-R
Now, iJ:22' :l9(:'. - - ,I, SHERIFF ofm:c:O\l,tiiH,'p.b"do ,,- puirie' he'-P-
Jf .'It Adams County to execute lliisWrif anctm'al<',!,"refurn 'lite'r1 co
made atthe request and risk of the plaintiff, -~, ~
~.
eing
8. SPECIAL INSTRUCtiONS OR OTHER INFORMATION THAT Will ASSIst IN EXP'EDITiNG~RVICE::'
SHERIFF 0 OUNTY
C'umberland Co.
='0.:-,- _ _ _
NOTE ONLY APPliCABLE ON WRIT OF EXECUTION: N.S,_ WAIVER OF WATCHM~N-Any deputy sherjff levying upon or attaching any property under within writ may leave
same without _a watchman. in custody of whomever is found in possession. after notifying_ person of levy or attach-men!', without lra:f!.ility- on the part of such deputy or the sheriff to
any plaintiff herein for any loss, destruction or removal of any ;such p.roperty befor~_ sheriff's ~Ie !hereof. .
9. SIGN"^T,,URE of ATTORNEY or other ORIGINA TOR requeSti_~ service an b~f: -.
IYlI!..C.,,~i >4c;s,C<:!- /"-,,LAINTlFF
I '" - 0 DEFENDANT
10. "-ELEPHONE NUMBER
11. DATE
12. r acknowledge receipt of 1he writ
or complaint as indicated above.
[4/:2- 281-1+333 3/1.5/00
OF SHERIFF ONLY '::':~DONOt WFiITEBELOW' THIS LINE'
-- . -. ~ 13. Date Received 14. Expiration I Hearing da1e
March 24
2000
~
15. 1 herehy CERTfFY and RETURN that I 0 have personally-served, J[ have served person in charge, 0 have legal evidence of service as shown in "Remarks" (on reverse)
o have posted the ab_ove described property with the writ or comp'~int des.cri~_ed 00 the individual, company; corporation, etc., at the address shown above or on the
individual,_company, corporation, etc., at the addrElss inserted below by handing/or Posting a -,,!,~~E and ATTEStED COPY therof.
16. D I hereby certify and retur~ a-NOT FOUND because I am unable 10 'fo~t!Je inaiyj~u'lI.t c_ompany; ccirporatlon~etc., nam~:-aoove, -(See rEll'nar.ks below) .
17. Name aJid-iitle of Individua(served -- ~ u.........." -=--- '>.- -.---".. ~ ~~..;..- --= 18. A person of suitable age and discretion
Ashl Gar<! f P F'. h. I then residing in the defendant's usual
e on owner 0 enn 1n1S 1n, nc. p''''' of "'do, 0
19. Address of where .served (complete oniy if different than snownnabove) (Stre-et or-RFD, Apartment rifo., City,""'-Boro;~Twp.,~ 20. Date of Service 21. Time
State and ZIP CODE) - ~
Read Order
o
3/29/2000
10:30AM
22. ATTEMPTS
Dep.int. Date
23, Advance Costs
25.
Miles
Dep.lnt.
,,--;:"
""'-
AFFIRMED and subscribed to before me this
N/A
Signature. of Sheriff --
RAYMJND W. NEWMAN
Date
3 29/2000
Date
3/29/2000
day of
19
Prothonotary/OeputyJNotary Public
SHERIFF OF ADAMS COUNTY
MY COMMIS_StON EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S FfETOAN SfGNA TURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
39. Date Received
""
- :;:-~-
PROTHONOTARY
",'- -~
SHERIFF'S RETURN OF SERVICE
-" . ---~ ,
(1) The within
upon
defendant by mailing to
by
prepaid,
a true and atlestedcopy thereof at~" ..
, the within named, .,
~~_Jl1ail, relurn receipt requestea, postage
, on.the
(
The return receipt signed by
defendant on the __
made a part of this refurn,
(2) Outside the Commonwealth, pursuant to Pa, R.C,PA05 _(c1 ~(1) (2), by mailing a true
and attested copy thereof at
""/~ ,~ ~falro~$'~;n~;
( i (a) To the defendant by ( ) registered (
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same The returned receipt and envelope is attached hereto
and made part of this return.
And thereafter:
, ) (b) To the defendant by ordinarl'mail addri;lssed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the - ,- '
, 1s hereto 'attached and
.....................,.... ,--.--
-,.~+
) certified mali, 'return receipt requesied,
(
----.-"' - u_~ __ _ _. _
I further certitv that. aiter ,fifteen (15) days from the mailing date',' i Mve' not received
said en""iope hack from the Postal .Authvrities, -A certificat", of..,:"aHing is herelo attached as a
proof of maiimg. , .. . ' . '",,'
{3i By publication .n the Adams County Legal Journal, a weekly publication of general circulation in
the. County of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper Dublished In the County of Adams, Commonwealth of Pennsylvania andraving general
circulation in sa.a County tor :..' '.
successive weeks of
___,__.'_,__ ' ._,.... ','''''''' . "", " . .,...,': TheAifidavits
from said Aaams County Legal Journal and Getfysburg Times",' are fierelo'att<khed and made"
part oflh;s relurn, .
(4) By mailing 10.._.._ ,.", .. '. ,_. '
by , mail, return receipt requested postage "prepaid,
on -t6" , " ,~.,".. .. ,____
a true and attested copy thereof at_~,_~ ,,".____
rehjrn~d' by 'theP6stai'
The
.Authorities marked
is hereto attached.
(5)Other__~,
~.'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIYISION
NO.: 00-1697
Plaintiff,
vs.
TYPE OF PLEADING:
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
PRAECIPE TO SETTLE AND
DISCONTINUE AS TO ROBERT L.
SLAGLE, ONLY
Defendants.
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph R. Lawrence, Esquire
PA 1.0. No. 65709
McGRATH & ASSOCIATES, P.C.
1500 Uriion Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.:
(412) 281-4333
FIRM NO.: 025
-,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIVISION
NO.: 00-1697
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
Defendants.
PRAECIPE TO SETTLE AND DISCONTINUE
AS TO ROBERT L. SLAGLE. ONLY
TO: PROTHONOTARY
Kindly settle and discontinue the above-captioned matter as to
Robert L. Slagle, Only and mark the docket accordingly.
o
McGRATH & ASSOCIATES, P.C.
B~
/
..; --'-
. ...~," '
Joseph R. Lawrence, Esquire
Attorneys for Plaintiff
SWORN TO AND SUBSCRIBED
before me this / / 'f-1t..- day
of ~~~
~C( J/(ffi.-/-I<~~
Notary Public
, 2000.
Notarial Seal
Da~a M. Ryerson, Notary Public
Plttsburgn, AlI8!iJheny County
My Commission Expires Sept. 22, 2003
Member, PennSYlvania AssocIation ot Notaries
~_.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy
of the foregoing Praecipe to Settle and Discontinue as to Robert L.
Slagle, Only was served on the following fhis I/~ day of April,
2000, by first class U.S. mail, postage prepaid:
Robert L. Slagle
1261 Claremont Road
Carlisle, PA 17013
McGRATH & ASSOCIATES, P.C.
?!
By:
Joseph R. Lawrence, Esquire
Attorneys for Plaintiff
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
Telephone: (412) 281-4333
.~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIVISION
NO.: 00-1697
Plaintiff,
vs.
TYPE OF PLEADING:
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
PRAECIPE FOR DEFAULT JUDGMENT
AS TO PREPARED MILLWORK, INC.,
ONLY
Defendants.
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph R. Lawrence, Esquire
PA I.D. No. 65709
McGRATH & ASSOCIATES, P.C.
1500 Union Bank Building
306 Four~h Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.:
(412) 281-4333
FIRM NO.: 025
.."
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIVISION
NO.: 00-1697
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
PRAECIPE FOR DEFAULT JUDGMENT
AS TO PREPARED MILLWORK. INC. ONLY
TO: PROTHONOTARY
Please enter a default judgment in the above-captioned case in
favor of Plaintiff, The Sherwin-Williams Company, and against the
Defendant, PREPARED MILLWORK, INC., in the amount of:
Principal
Interest to 5/8/00
Attorneys' Fees (20%)
Total
$ 48,849.09
4,858.90
10.741. 60
$ 64,449.59
plus post-judgment interest and costs.
~SSOCIATES' P.C.
By: -
Joseph R. Lawrence, Esquire
Attorneys for Plaintiff
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222-2102
Telephone (412) 281-4333
------,~
<-,
AFFIDAVIT AND CERTIFICATION OF MAILING
OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTY OF ALLEGHENY }
Before me, the undersigned authority, a Notary Public, in and
for said County and State, personally appeared Joseph R. Lawrence,
Esquire, attorney for and authorized representative of Plaintiff
who, being duly sworn according to law, deposes and says that the
Defendant, Prepared Millwork, Inc., to the best of his knowledge,
information and belief and certifies that.the Notice of Intent to
Take Default Judgment was mailed in accordance with Pa. R.C.P.
237.1, as evidenced by the
Joseph R. Lawrence, Esquire
Sworn to and subscribed_before me this
s;; ~ day of
J1~
~~t~y'p~
, 2000.
sa!J'e10N fO UO!IB!OOSS'V mmMrnsuuad 'Jeqw8V1l
EOO(:: 'cG" 'ldeS s8Jrdx3 UOISS!WWOQ ^VV
;\junoo Aua4fialllf '4fimqsllld
ol/qnd A1eION 'UOSJM!j'/'II eueQ
lEes re!J"elON
L~ ,
---- "......
11o1 THE COURT OF CO~....JN PLEAS OF CUMBERLAND COU\,.Y, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIVISION
NO.: 00-1697
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
Defendants.
orO: PREPARED MILLWORK, INC.
720 Sterling Court
Enol.a, PA 1.7025
DATE OF NOTICE: April 24, 2000
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. 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:
PENNSYLVANIA LAWYER REFERRAL SERVICE
PENNSYLVANIA BAR ASSOCIATION
P. O. BOX 186
HARRISBURG, PA 17108
(800) 692-7375
MO~OC'ATES'
(
P.C.
--
By:
Joseph R. Lawrence, Esquire
Attorneys for Plaintiff
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222-2102
Telephone: (412) 281-4333
.. . .
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIVISION
NO.: 00-1697
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
NOTICE OF ORDER. DECREE OR JUDGMENT
TO:
() PLAINTIFF
(X) DEFENDANT
() ADDITIONAL DEFENDANT
You are hereby notified that an Order, Decree or Judgment was
entered in the above-captioned proceeding on
() A copy of the Order or Decree is enclosed,
or
(X) The judgment is a_s follows:$ 64,449.59, plus post-
judgment interest and costs.
'--- al?-'?' {7 ~ 2. 7{:b/U:f. I
Deputy
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN WILLIAMS COMPANY,
CIVIL DIVISION NO: 00-1697
Plaintiff
V.
CIVIL TERM
PREPARED MILL WORK, INC., A
PENNSYLVANIA CORPORATION,
ROBERT A. SLAGLE, INDIVIDUALLY,
PENN FINISHING, INC. A
PENNSYLVANIA CORPORATION, AND
ASHLEY GORDON, INDIVIDUALLY,
CIVIL ACTION - LAW
Defendants
NOTICE TO PLEAD
TO: THE SHERWIN WILLIAMS COMPANY, Plaintiff
Joseph R. Lawrence, Esquire
McGrath & Associates, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222
YOU ARE HEREBY NOTIFIED THAT YOU MUST FILE A WRITTEN RESPONSE TO
THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF
OR OTHERWISE A JUDGMENT MAYBE ENTERED AGAINST YOU.
ROSENN, JENKINS & GREENW ALD,L.L.P.
BY:~ (. IJ~U
JAMES C. OSCHAL, ESQ.
J.D. NO. 53846
MARK A. FONTANELLA, ESQ.
J.D. NO. 84248
15 South Franklin Street
Wilkes-Barre, PA 18711-0075
(570) 826-5621
Attorneys for ASHLEY GORDON and
PENN FINISIDNG, INC.
264877.1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN WILLIAMS COMPANY,
CIVIL DIVISION NO: 00-1697
Plaintiff
V.
CIVIL TERM
PREPARED MILLWORK, INC., A
PENNSYL V AN1A CORPORATION,
ROBERT A. SLAGLE, INDIVIDUALLY,
PENN FINISHING, INC. A
PENNSYL VANIA CORPORATION, AND
ASHLEY GORDON, INDIVIDUALLY,
CIVIL ACTION - LAW
Defendants
ANSWER
NOW comes ASHLEY GORDON ("GORDON") and PENN FINISHING, INC. ("PFI"), by
and through their counsel, Rosenn, Jenkins & Greenwald, L.L.P., and Answers the Complaint of the
Plaintiff, The SHERWIN WILLIAMS COMPANY'S, ("SWC") and avers as follows:
1. DENIED. After reasonable investigation, GORDON and PFI lack knowledge or
information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 1 and,
therefore, said allegations are denied.
2. Paragraph 2 is directed against Defendant, Prepared Millwork, and not against
GORDON or PFI and thus no response is deemed necessary. To the extentthat a response is deemed
necessary, GORDON and PFI admit that, to the best of their knowledge, information and belief,
Prepared Millwork, Inc. is a corporation organized under the laws of the Commonwealth of
264877. I
Pennsylvania, however, it is denied that Prepared Millwork, Inc. has an office located at 720 Sterling
Court, Enola, Pennsylvania 17025.
3. Paragraph 3 is directed against Defendant, Robert L. Slagle, and not against
GORDON or PFI and thus no response is deemed necessary. Should a response be deemed
necessary, GORDON and PFI lack knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in Paragraph 3, and, therefore, said allegations are denied.
4. ADMITTED.
5. ADMITTED.
COUNT I
SWC v. PREPARED MILLWORK AND
ROBERT L. SLAGLE. Individuallv
ASHLEY GORDON's andPENN FINISHING. INC.'s Resnonse to Count I
6. GORDON and PFI incorporate Paragraphs 1 through 5 herein by reference as iffully
set forth at length.
7-17. Paragraphs 7 through 17 of the Complaint are directed against Defendant, Prepared
Millwork, and Defendant Robert L. Slagle, and not against GORDON and PFI and thus no response
is deemed necessary. If a response by GORDON and PFI is deemed necessary, GORDON and PFI
lack knowledge or information sufficient to form a belief as to the truth of the allegations set forth
in Paragraphs 7 through 17 of the Complaint, and, therefore, said allegations are denied.
264877.1
2
COUNT II
SWC v. ASHLEY GORDON
18. GORDON incorporates Paragraphs 1 through 17 herein by reference as if more fully
set forth at length.
19. Admitted in part and denied in part. The allegations set forth in Paragraph 19 are
denied as conclusions oflaw to which a responsive pleading is not required, except it is admitted that
GORDON signed checks as stated.
20. Admitted in part and denied in part. The allegations set forth in Paragraph 20 are
denied as conclusions oflawto which a responsive pleading is not required, except it is admitted that
GORDON signed checks as stated.
21. Denied as stated. GORDON did not know that there were insufficient funds to cover
the checks when each was signed. GORDON became aware at a later point that each check was not
cashed due to insufficient funds.
22. DENIED. See answer to Paragraph 21 which is incorporated by reference herein as
if more fully set forth at length.
WHEREFORE, GORDON demands judgment in his favor and an award of costs and such
other relief as this Court deems appropriate and just.
COUNT III
SWC v. PENN FISIDNG. INC.
23. PH incorporates Paragraphs 1 through 22 herein by reference as if more fully set forth
at length.
264877.1
3
24. DENIED. It is specifically denied that all of the materials which were supplied by
SWC were supplied to the Defendants and were utilized by PENN FINISHING, INC. in the
operation of the business. To the contrary, SWC did not and would not supply materials to
GORDON or PFI in the operation of PFl's business and PFI did not utilize all of the materials
supplied by Plaintiff to Prepared Millwork as alleged.
25. DENIED. It is specifically denied thatPFI' s Principals are also Principals of Prepared
Millwork and that Prepared Millwork directed the use of the materials by PFI with knowledge that
Prepared Millwork would not pay for the materials as alleged. On the contrary, PFI was not directed
by Prepared Millwork to use any such materials.
26. DENIED. The allegations set forth in Paragraph 16 are denied as conclusions oflaw
to which a responsive pleading is not required.
WHEREFORE, PENN FINISHING, INC. demands judgment in its favor and an award of
costs and such other relief the Court deems appropriate and just.
NEW MATTER
27. ASHLEY GORDON is an adult individual and sole officer and shareholder of the
Corporation, PENN FINISHING, INC.
28. ASHLEY GORDON, neither individually, nor in any capacity on behalf of PENN
FINISHING, INC., has contracted with Plaintiff for any materials subject to this dispute.
29. ASHLEY GORDON, neither individually, nor in any capacity on behalf of PENN
FINISHING, INC., has not utilized all materials supplied by the Plaintiff which are subject to this
dispute.
264877.1
4
30. Check No. 1523 is written upon Prepared Millwork's General Account.
31. Any and all claims relating to check 1523 must be directed to Prepared Millwork.
32. As fully stated in Plaintiff s Complaint, Paragraphs 1 through 17, the Application of
Credit was signed by L. Gordon and R. Slagle and any and all debts related to this Agreement are
the sole responsibility ofL. Gordon and R. Slagle.
33. Defendants, Prepared Millwork Inc., and Robert Slagle are the only defendants in
privity of contract with Plaintiff.
34. Plaintiff attempts to collect in excess of $90,000.00 plus fees and costs for an
approximate $48,000.00 claim.
35. Plaintiff has not attached to nor averred in the Complaint any writing referencing
PENN FINISHING, INC. and any alleged debt.
36. Plaintiffs claims against PFI are barred by the Statute of Frauds.
37. GORDON and PFI raise the affirmative defense of Contribution and Indemnity.
38. Plaintiffhas failed to plead and/or attach any writing or documents supporting PENN
FINISHING, INC. is a guarantor of the Credit Application.
39. PENN FINISHING, INe. and GORDON are not parties to the credit application.
40. PENN FINISHING, INC. and GORDON are not third-party beneficiaries of the
credit application.
41. SWC's claims are barred in whole or in part, by the doctrine of waiver and/or
estoppel.
264877.1
5
42. SWC's claims are barred in whole or in part, by the doctrine of failure of
consideration.
43. SWC's claims are barred in whole or in part, by the doctrine of fraud.
44. SWC's claims are barred in whole or in part, by the applicable of statute(s) of
limitations and/or laches.
45. SWC's claims are barred in whole or in part, by the doctrine of payment.
46. SWC's claims are barred in whole or in part, by the doctrine of privilege.
47. SWC's claims are barred in whole or in part, by the doctrine of release.
48. SWC's claims are barred in whole or in part, by the doctrine of waiver.
WHEREFORE, ASHLEY GORDON and PENN FINISHING, INC., demand judgment in
their favor and an award of costs and such other relief as the Court deems appropriate and just.
Respectfully submitted,
ROSENN, JENKINS & GREENWALD, L.L.P.
BY: ~~ ~Sf~QUIRE
J.D. NO. 53846
MARK A. FONTANELLA, ESQUIRE
J.D. NO. 84248
15 South Franklin Street
Wilkes-Barre, PA 18711-0075
(570) 826-5621
Attorneys for ASHLEY GORDON and
PENN FINISHING, INC.
264877.1
6
FROM :Mf=lIL BOXES ETe
(
717 241 5373
191210.05-3121
11:48 #422 P.12/13
VERJFICAl'ION
ASHLEY GORDON, individually and as President of PENN FINISHING, INC., hereby
deposes and says that he has read the foregoing Answer and New Matter, and that the facts
contained therein are trUe and conect to the best of his knowledge, information and belief. This
Verification is made subject to the penalties of 18 Pa C.S. Section 4904 with respect to unswom
statements to authorities.
~,a17.1
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN WILLIAMS COMPANY,
CIVIL DIVISION NO: 00-1697
Plaintiff
V.
CIVIL TERM
PREPARED MILL WORK, INC., A
PENNSYLVANIA CORPORATION,
ROBERT A. SLAGLE, INDIVIDUALLY,
PENN FINISHING, INC. A
PENNSYLVANIA CORPORATION, AND
ASHLEY GORDON, INDIVIDUALLY,
CIVIL ACTION - LAW
Defendants
CERTIFICATE OF SERVICE
MARK A. FONTANELLA, ESQUIRE, hereby certifies and states that on the I~ day of
ou-~' 2000, he served a true and correct copy of the foregoing Answer and New Matter via
facsimile and United States mail, first class, postage pre-paid, addressed as follows:
Joseph R. Lawrence, Esquire
McGrath & Associates, P.C.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, P A 15222
~~SQUmE
264877.1
8
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IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY,
CIVIL DIVISION
NO.: 00-1697
Plain tiff,
vs.
TYPE OF PLEADING:
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually, _
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
PLAINTIFF'S REPLY TO NEW MATTER
Defendants.
FILED ON BEHALF OF:
THE SHERWIN-WILLIAMS COMPANY,
Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph R. Lawrence, Esquire
PA I.D. No. 65709
Derek J. Ferace, Esquire
PA LD. No. 83732
McGRATH &ASSOCIATES, P.c.
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222
TELEPHONE NO.: (412) 281-4333
FIRM NO.: 025
,
-----"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND <::;OUNTY, PENNSYLVANIA
THE SHERWIN-WILLIAMS
COMPANY;
CIVIL DIVISION
NO.: 00-1697
Plaintiff,
vs.
PREPARED MILLWORK, INC., a
Pennsylvania corporation,
ROBERT L. SLAGLE, Individually,
PENN FINISHING, INC., a
Pennsylvania corporation, and
ASHLEY GORDON, Individually,
Defendants.
PLAINTIFF'S REPLY TO NEW MATTER
NOW COMES, Plaintiff, The Sherwin-Williams Company, by and through its counsel,
McGrath &Associates, P.c., and files this Reply to New Matter filed by Ashley Gordon and
Penn Finishing, Ine. as follows:
27. Admitted.
28. Admitted in part. It is admitted that Ashley Gordon did not contract with
Plaintiff for any materials. However, Ashley Gordon's liability to Plaintiff arises from two
checks bearing his signature in the amounts of $645.00 and $2,101.98 respectively which
were used as payment for the materials supplied by Plaintiff and said checks were returned.
for non-sufficient funds.
29. Denied. The averments in Paragraph 29 of the New Matter are denied for the
reasons set forth in Paragraph 24 of the Plaintiff's Complaint.
30. Admitted.
31. Denied. The averments contained in Paragraph 31 of the New Matter contain
conclusions of law to which no response is required.
32. Admitted in part and denied in part. It is admitted that the application of credit
was executed by L. Gordon and R. Slagle on behalf of Prepared Millwork. However, the
remaining averments contained in Paragraph 32 of the New Matter are denied as conclusions.
of law to which no response is required.
33. Denied. The averments contained in Paragraph 33 of the New Matter are
conclusions of law to which no response is required.
34. Denied as stated. Plaintiff attempts to collect only the amount due for the
purchase of paint and related materials plus interest, fees and costs incurred in connection
with its action.
35. Denied as stated. To the contrary, Plaintiff has attached to its Complaint as
Exhibit "C" a check drawn on the general account of Penn Finishing, Inc. and signed by the
Defendant, Ashley Gordon.
36. Denied. The averments contained in Paragraph 36 of the New Matter are
conclusions of law to which no response is required.
37. Denied. The averments contained in Paragraph 37 of the New Matter are
conclusions of law to which no response is required.
3
38. Denied. The averments contained in Paragraph 38 of the New Matter are
denied for reasons set forth in Paragraphs 24 through 26 of Plaintiffs Complaint.
39. Denied. The averments contained in Paragraph 39 of the New Matter are
conclusions of law to which no response is required.
40. Denied. The averments contained in Paragraph 40 of the New Matter are
conclusions of law to which no response is required.
41. Denied. The averments contained in Paragraph 41 of the New Matter are
conclusions of law to which no response is required.
42. Denied. The averments contained in Paragraph 42 of the New Matter are
conclusions of law to which no response is required.
43. Denied. The averments contained in Paragraph 43 of the New Matter are
conclusions of law to which no response is required.
44. Denied. The averments contained in Paragraph 44 of the New Matter are
conclusions of law to which no response is required.
45. Denied. The averments contained in Paragraph 45 of the New Matter are
conclusions of law to which no response is required.
46. Denied. The averments contained in Paragraph 46 of the New Matter are
conclusions of law to which no response is required.
47. Denied. The averments contained in Paragraph 47 of the New Matter are.
conclusions of law to which no response is required.
4
48. Denied. The averments contained in Paragraph 48 of the New Matter are
conclusions of law to which no response is required.
49. Denied. The averments c01ltainedin Paragraph 49 of the New Matter are
conclusions of law to which no response is required.
WHEREFORE, Plaintiff, The Sherwin-Williams Company, respectfully requests this
Honorable Coun dismiss the New Matter filed by Defendants, Ashley Gordon and Penn.
Finishing, Inc.
Respectfully Submitted,
McGRATH &ASSOCIATES, P.C.
By: I),. d~Q;b
Derek J. Ferae, Esquire
PA LD. 83732
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, PA 15222-2102
(412) 281-4333
5
JUN-09-00 FRI 01:42 PM MoGrath ~ Assooiates
FAX NO. 4122812141
P. 08
YJili,JFIED STATEMPJIT
I, William T. VRsile, am duly authorized to make this V".rificd Statement on
behAlf of The Shenvln-Willh\ms Compauy, and 1 hereby verify that the statements set
rorlh in the foregoing Plaintiffs Reply to New Matter, arc tflle and correct to the beSl
or my knowledge, information and belief.
I umkrstand thM raIse staterllents made herc!n "re subject to the penalties of 18
Pn,C.S.1H904, relating to unswom falsification to authorities.
ij~-
~~~
William T. Vasile
The Sherwin-Williams Company
:ill"'~I.PAlll (1
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a copy of the foregoing Plaintiffs Reply to New
Matter was served on the following this /'1 f-h day of June, 2000, by first-class U.S. Mail,
postage-prepaid:
James C. Oschal, Esquire
15 South Franklin Street
Wilkes-Barre, PA 18711-0075
Mark A. Fontanella, Esquire
15 South Franklin Street
Wilkes-Barre, PA 18711-0075
McGRATH &ASSOCIATES, P.c.
BY:~~Ad~~
Derek J. Ferac squire
PA J.D. No. 83732
Attorneys for Plaintiff
1500 Union Bank Building
306 Fourth Avenue
Pittsburgh, Pennsylvania 15222-2102
Telephone (412) 281-4333
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