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Home My WebLink About97-06513 d A q .0 'S ~ ~ lot I ~ , ~ III 'I ~ ~ ., ~ ~ .... -::: j , ~ '.. ~ '" " -c V\ .- ~ (' \" ~ - . .. ~ '- <::.J ~) ~I ~I i ~I , ! ;? . / / I \, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, ARBITRATION DIVISION I I I ! ! ! Plaintiff, NO. : vs. HERR CONSTRUCTION INC., a Pennsylvania Corporation, Defendant, NOTICE TO DEFEND i',\ I"~ i 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 ANY MONEY CLAIMED IN THE CmlPLAINT OR FOR ANY CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS 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, PlfNNSlrLVANIA LAWYER RlfFBRRAL SERVICB PlfNNSlrLV/oNIA BAR ASSOCIATION p, O. BOX 186 HARRISBURG, PA 17108 (800) 692-7375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, ARBITRATION DIVISION NO.: 91- ISI.3 (!W<.J '"I.u-" Plaintiff, vs, HERR CONSTRUCTION INC" a Pennsylvania Corporation, Defendant. 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 an office located at 313 Technology Drivef Malvern, Pennsylvania 19355 (hereinafter referred to as "Plaintiff") , 2, Herr Construction Inc. is a corporation organized under the laws of Pennsylvania with an office located at 715 South Broad Street, Mechanicsburg, Pennsylvania 17055, hereinafter referred to as "Defendant"), 3. Defendant requested Plaintiff extend credit to Defendant for the purchase of paint, related materials and equipment on an open account, 4, Plaintiff extended credit to Defendant, at Defendant's request, for the purchase of paint and related items in the total unpaid amount of $1,769,64. 5, The latest date that payment was due without default for any of the above-referenced amount was August 20, 1997. 6. Plaintiff has made demand on Defendant for payment of the above amount on numerous occasions. 7, Defendant has defaulted on its payment obligation by refusing, and continuing to refuse, to tender payment of the above amount. WHERgFORE, the Plaintiff, The Sherwin-Williams Company, demands judqment against Defendant, Herr Construction Inc" in the amount of $1,769,64, plus post judgment interest and costs, McGRATH & ASSOCIATES, P,C. (~--- -. BY: Joseph--R.' -Lawrencey--Esquire'-- Pa. I.D, 65709 Thi;! Bank Tower, Tenth Floor 307 Fourth Avenue Pittsburgh, PA 15222 (412) 281-4333 Firm No, 025 2 VERIFIED STATEMENT OCT 20 1997 ..' I, Troy A. Danielson, of The Sherwin-Williams Company, am duly authorized to make this Verified Statement on its behalf, and I hereby verify that the statements set forth in the foregoing Complaint in Civil Action are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. Date: ~ ~~7'ua.u..!1r. Tr A. Danielson . . SHERIFF'S RETURN - NOT FOUND CASE NOI 1997-06513 P CDMMDNWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND SHERWIN-WILLIAMS COMPANY THE VS. HERR CONSTRUCTION INC R. Tho~ae Kline . Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to witl HERR CDNSTRUCTION INC but wae unable to locate Them in hie bailiwick, He therefore returns the COMPLAINT NOTICE NOT FOUND , as to the within named defendant HERR CONSTRUCTION INC ABOVE ADDRESS IS THE PRIVATE RESIDENCE OF MR. GRANT. HE IS NOT FAMILIAR WITH DEFENDANT, Sheriff's Costs I Docketing Service Affidavit Surcharge So answe!'s I /,' ~ "/ ' ~ q/'r"'~4/'~ HI' omas ~~1ne, 5her1%% 18.00 6.20 .00 2.00 $~b,21/l MCGRATH & ASSOCIATES, P,C. 12/01/1997 Sworn and subscribed to before me this I~ day of ~",....6."""" 19.-U_ A, D. (\ c... "h1,..; ~ I ~ ~t'rothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~'IE SHERWIN-WILLIAMS COi1PANY, ARBITRATION DIVISION Plaintiff, NO,: Ql-(051 ~ CLu.&T{:)yn vs. HERR CONSTRUCTION INC., a Pennsylvania Corporation, TYPE OF PLEADING: COMPLAINT IN CIVIL ACTION Defendant. FILED ON BEHALF OF: THE SHERWIN-WILLIAMS CO, Plaintiff COUNSEL OF RECORD FOR THIS PARTY: Joseph R, Lawrence, Esquire PA 1.0, 65709 McGRATH & ASSOCIATES, P,C. The Bank Tower, 10th Floor 307 Fourth Avenue Pittsburgh, Pennsylvania 15222 TELEPHONE NO,: (412) 281-4333 FIRM NO,: 025 TRUE COpy FROM RECORD In T estirnony whereof, I here unlo set my haIld and lhe seal 01 said ColI al Carlisle. Thl ,'Sf day, 01 " 1 I Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, ARBITRATION DIVISION NO. : Plaintiff, VB, HERR CONSTRUCTION INC., a Pennsylvania Corporation, Defendant. 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 SOf 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 CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, IF YOU DO NOT HAVE OR KNOW AN LAWYER, THEN YOll SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PBNNSYLVANIA LAWY.B'R R.B'P'BRRAL S.B'RVICB P.B'NNSYLVANIA BAR ASSOCIATION p, O. BOX 186 HARRISBURG, PA 17108 (800) 692-1315 I , I I I I , r-" f. ~ " ';1 '. IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, ARBITRATION DIVISION i I I 1 I. I ! i I j.. NO. : Plaintiff, vs. HERR CONSTRUCTION INC., a Pennsylvania Corporation, ~ ' Defendant. ~ COMPLAINT IN CIVIL ACTION NOW COMES the Plaintiff, The Sherwin-Williams Company, by and through its attorneys, McGrath & Associates, P,C" files this I i ~ r I 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 an office located at 313 Technology Drive, Malvern, Pennsylvania 19355 (hereinafter referred to as "Plaintiff") , 2. Herr Construction Inc, is a corporation organized under the laws of Pennsylvania with an office located at 715 South Broad Street, Mechanicsburgf Pennsylvania 17055, hereinafter referred to as "Defendant") . 3. Defendant requested Plaintiff extend credit to Defendant for the purchase of paint, related materials and equipment on an open account. ".~,,,,,,,*,,,?+-_.,:..~.';O- I J '. 4. Plaintiff extended credit to Defendant, at Defendant'D reques t, for the purchase of paint and related items in the total " i I i unpaid amount of $1,769.64. 5, The latest date that payment was due without default for 6. Plaintiff has made demand on Defendant for payment of the I I I' i f any of the above-referenced amount was August 20, 1997, above amount on numerous occasions. 7. Defendant has defaulted on its payment obligation by refusing, and continuing to refuse, to tender payment of the above amount, WHEREFOREf the Plaintiff, The Sherwin-Williams Company, demand~ judgment against Defendant, Herr Construction Inc., in the amount of $1f769.64, plus post judgment interest and costs. McGRATH & ASSOCIATES, P.C, BY: ~'- Joseph R, Lawrencef Esquire Pa. LD. 65709 The Bank Tower, Tenth Floor 307 Fourth Avenue Pittsburgh, PA 15222 (412) 281-4333 Firm No. 025 2 VERIFIED STATEMENT OCT 20 1997 ..' I, Troy A. Danielson, of. The Sherwin-Williams Company, am duly authorized to make this Verified Statement on its behalf, and I hereby verify that the statements set forth in the foregoing Complaint in Civil Action are true and correct to the best of my knowle~ge, information and belief. I understand that false statements made herein are subject to the penalties of 18 J?a.C,S. ~4904, relating to unsworn falsification to authorities. Date: /f'~(~ """',.~r: . '. THE SHERWIN-WILLIAMS COMPANY, ARBITRATION DIVISION I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : 97-6513 Plaintif f, vs. Defendant, , , I I HERR CONSTRUCTION INC., a Pennsylvania Corporation, PRAECIPE TO REINSTATE COMPLAINT IN CIVIL ACTION TO: PROTHONOTARY Kindly reinstate the Complaint in Civil Action with respect to the above-referenced matter and mark the docket accordingly. McGRATH' ASSOCIATES, P,C, ~~ B'_~ Joseph R, Lawrence, Esquire PA 1.0. No, 65709 Attorney for Plaintiff The Bank Tower, lOth Floor 307 Fourth Avenue Pittsburgh, PA 15222-2102 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE SHERWIN-WILLIAMS COMPANY, ARBITRATION DIVISION NO. : 97-6513 Plaintiff, " vs. HERR CONSTRUCTION INC., a Pennsylvania Corporation, Defendant, PRAECIPE TO DISCONTrNUE TO: PROTHONOTARY Kindly discontinue the above-captioned matter, without prejudice, and mark the docket accordingly, ~CIAT'S' P.C. By: Attorneys for Plaintiff , I J SWORN TO AND SU~F~BED ~ day of . 1997. . ~~ Notary Public , Notarial Seal Gary W, D8lT II, Notary Public P1tt1burgh. AIlogheny County My CommlUlOf1 E apl'" Mareh 19, 2001 , Innsy anll SOCii on no. of":: , ~.T%r%CATZ or SZRV%CZ The undersigned hereby certifies that a true and correct copy of the foregoing Praecipe to Discontinue was served on the following this ;3 ,sT day of December, 1997, by first class U. S. mailf postage prepaid: Herr Construction, Inc. Davis Road, BOK 237 Brandamore, PA 19316 McGRATH & ASSOCIATES, P,C. By,e Joseph R. Lawrence, Esquire Attorneys for Plaintiff 10th Floor, The Bank Tower 307 Fourth Avenue Pittsburgh, Pennsylvania 15222 Telephone: (412) 281-4333