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Home My WebLink About01-1859 FX - ""'-," ", .~ '""' ~, -'~-';'i LANE ENTERPRISES, INC., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW : NO.OI-I59 CIVIL TERM BOYD E. DILLER, INC., Defendant NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the pleadings and Notice are served, 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 pleadings or for any other claim of 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 i I I I I i , I i I i I I i ! ?f~~ Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ...."11 ","," ",L ~.f-<b'fM~ LANE ENTERPRISES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01-IY!r9 CML TERM BOYD E. DILLER, INC., Defendant COMPLAINT 1. Plaintiff LANE ENTERPRISES, INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 1244 Claremont Road, Carlisle, Cumberland County, Pennsylvania 17013, 2. Defendant BOYD E. DILLER INC., is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with offices at 6820 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 3. For more than fifteen years, Plaintiff and Defendant have engaged in a course of dealing in which Defendant has purchased from Plaintiff various items of pipe and related fixtures for installation in construction projects in Cumberland County, Pennsylvania, and elsewhere. WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 - " "",., "'~,"", ~, 4. The typical procedure and the procedure that was implemented with respect to all ofthe orders that are the subject of these proceedings was that authorized representatives of Defendant would place orders with Plaintiff orally by telephone. 5. The materials would either be picked up by Defendant at Plaintiffs aforesaid address, or Plaintiff would deliver the materials to the various construction sites. 6. Defendant would make payment in accordance with various invoices issued by Plaintiff. A true and correct copy ofInvoice 16571 is attached hereto and incorporated herein by reference as though fully set forth. 7. Invoices in identical form, including the Terms and Conditions of Sale and the Bill of Lading, and differing only in the specifics of the materials ordered and the prices therefor, were issued with respect to each of the transactions averred herein. 8. Since March 14,2000, Defendant placed the following orders in the following amounts: Defendant's Sales Order Plaintiffs Invoice Price 13970 17443 18139 16571 20795 21281 $ 1,400.71 153.70 446.26 -2- "'"'Ii , 1_, . I - . ~,,-- 18241 21399 644.90 14627 23149 3,361.26 19954 23644 4,664.00 19954 23645 4,664.00 19954 23974 3,699.40 20029 23975 4,664.00 20029 23976 4,664.00 20089 23977 434.60 20028 24105 7,108.36 20029 24106 2,655.30 23214 27741 3,784.20 23214 27742 720.80 23122 27895 2,892.48 23122 27896 2,501.60 23122 27897 2,501.60 23122 27996 5,038.71 23861 28745 2,830.20 23861 28873 4,655.52 23861 28874 4,852.68 26011 31008 656.67 26456 31986 6,006.85 27150 32540 116.60 27153 32541 489,72 28401 34143 1,596.78 28401 34144 4.477.72 WAYNEF.SHADE TOTAL $81,682.62 Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- ~. li!ll'-" "'L WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -. _l~' , .~ : n' ~'i '..M,.,! 9. With the exception of Defendant's Sales Order #14627, all of Defendant's orders were installed in construction projects in Cumberland County, Pennsylvania. 10. In spite of repeated demands therefor, Defendant has wholly failed and refused to make any payments on account of the foregoing statement of account. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $81,682.62 plus costs and interest at the legal rate from the thirty-frrst day after the dates of each of the respective invoices. @?':i.( ~~ Wayne . Shade, EsqUire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -4- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I.' ~ "'" '^ ..""-~ rUi~,i I, THOMAS C. MICKLE, a sales representative for Plaintiff LANE ENTERPRISES, INC., make this verification on behalf of Plaintiff, being authorized to do so. The statements made in the foregoing Complaint are based upon information which I have given to my counsel and they 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. ~4904 relating to unsworn falsification to authorities. Date: March 28,2001 ~~e..~~ Thomas C. Mickle tAMi INVOlCE' 16571 ..'..' SALES ORDER NO. DATE INVOICED 13970 03/14/2000 PACKING SUP NO. DATE SHIPPED 13970*1 03/14/2000 CUSTOMER PURCHASE ORDER NO. BOl NUMBER B10977 13970*1 SAl.ES REPRESENTATIVE CODE MICKLE, THOMAS 35 SHIPPED VIA PPO COt LANlE TRUCK X PAYMENT TERMS TAX TAX CODe NET 30 DAYS X PA Lane-Bedford POBox 164 Bedford, PA 15522 Phone: 814-623-1191 Fax: 814-623-3495 01*040750 BOYD E DILLER INC CONST 6820 WERTZVILLE RD PO BOX J ENOLA PA 17025 USA 01*040750 BOYD E DILLER INC CONST CENTRAL PENN DAY CARE ENOLA, PA 17025 USA QTY ITEM PRODUCT/DESCRIPTION SHIPPED EXTENDED QUANTITY UNIT PRICE TOTAL PRICE ))/i:\{U\:.i; REMITTANCE ADDRESS: LANE ENTERPRISES, INC. 3905 HARTZDALE DRIVE SUITE 514 CAMP HILL, PA 17011 DISCOUNT TAX DEPOSIT TOTAL 0.00 79.29 0.001 1.400.71 <. <" '. This'order is subject to the attached Terms & Conditions LANE COPY '> '. BILL OF' LADING l3llL OF LADING NO. 13970*1 DATE SHIPPED 03/14/2000 SALES ORDER NO. 13970 DATE ORDERED 03/14/2000 CUSTOMER PURCHASE ORDER NO. B10977 Lane-Bedford Route 56 West Bedford, PA 15522 Phone: 814-623-1191 Fax: 814-623-3495 SHIPPED VIA LANE TRUCK PPD/COL COL REFERENCE/DOC SHIP REFERENCE 040750 BOYD E DILLER INC CONST 6820 WERT~ILLE RD PO BOX J ENOLA, PA 17025 040750 BOYD E DILLER INC CONST CENTRAL PENN DAY CARE y . " < 0 " .~ f. .- /<. -< E a w " n C L 1 ~ C C E ,. ... > !!' <. p. " (, at Thic:. nrrlar i..,. LANE "'lIh.,",~. .......: ...~::.: ....---~--" .....---- ., ~ccepted By: , . 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lane Enterprises, Inc., Plaintiff No. 01-1859 Civil Term v. Civil Action - Law Boyd E. Diller, Inc., Defendant ANSWER TO COMPLAINT AND NOW, this n-rb- day of April, 2001, comes the Defendant, Boyd E. Diller, Inc., by its attorneys, Countess Gilbert Andrews, Lawrence V. Young, Esquire, and does file the within Answer averring that: 1. Admitted. 2. Admitted 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Without attaching copies of all of the invoices in question, the Defendant is unable to respond to the allegations that all invoices are as represented. 8. Inasmuch as no copies of the Plaintiff's invoices are attached, the Defendant is unable responsively plead to the allegations of paragraph 8. 9. Without copies of the sales orders or inyoices, the Defendant is unable to trace the constnlction projects in question. 10. Denied. (00076298/1) .., ..~ - . ~, .,~"' ,~. -',;; ~ , ,~"y~ ~ '.;l f WHEREFORE, it is requested that the Defendant be proyided with copies ofthe yarious invoices in order to be able to responsively plead. Respectfully submitted, Countess Gilbert Andrews By: Lawrence V. Young, Es Counsel for Debtor Supreme Court ill # 21009 29 N. Duke St. York, PA 17401 (717) 848-4900 (0007ti298/1) - ~.[ 1 J "I !~ "';' I""'-'-iu~ :-- )-'.,lfililll{(0 04/13.. 2001 1.3'.35 FAX 717 8439039 , . Countess,Gl1bert.Andrews I4i 003/006 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Lane Enterprises, Inc., Plaintiff No. 01-1859 Civil Tenn v. Civil Action - Law Boyd E. Diller, Inc., Defendant VERIFICATION I, Boyd E. Diller, hereby affirm that the facts contained in the foregoing Answer ar<j true I and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. .~n~ Boyd . Diller, President Dated: '!;/i 3 /1l1 {0007oSznflJ RECEIVED DATE 04/13/01 13:48 FROM :717 8439039 , 1"1 1-, d ',><:~ ;~t, ,._, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lane Enterprises, Inc., Plaintiff No. 01-1859 Civil Term v. Civil Action - Law Boyd E. Diller, Inc., Defendant AFFIDAVIT OF SERVICE I hereby certify that on this I {tb day of April, 200 I, I served a true and correct copy of Answer to the Complaint, filed in the above-captioned matter upon the following, by First Class, United States Mail, postage prepaid: Wayne F. Shade, Esq. 53 W. Pomfret St. Carlisle, PA 17013 Boyd E. Diller, Inc. 6820 Wertzville Rd. P.O. Box J Enola, PA 17025-0250 Countess-Gilbert-Andrews By: Tina L. Ruppert, Legal Secret r Lawrence V. Young, Esquire 29 N. Duke Street York, PA 17401 (717) 848-4900 ~o-J-- & -~ ~.::I .." :::.-,\ (00076298/1) 'iWi~lliii6/;.;il~~",!'iH"',"Ii"':fttJ.ll,i<r;jJil~i!i1liillik4~A"iE-",,0~~1>i~"''''''d''-',d~''':\.1,:\"t'Jh'd[iJ,!I!i'''l'Mls~liKllRiMiiiIiMIIIlii:'sil'!!i i "' - - ,- -~=_., '''~' . -, <-"~,,,,...." .,...---'" ~- ~-, 0, ","-- ~, -< ., h.ii-''l " ~ -.- , ._~-,~ -&H '.,,- lilliU -r';"-- 1""1" '-;,.-'" ",'-;:,; - (I' " ~( ..::':c', ~~:~~ ::-...---= - o c:: ~,- -~. , -'- -=' ': \ ~_:'" t,LJ ~'U (~) :::1 ......,.; I - ~I......~.~ II 1.- " ,~ I C< , J" , " .'W. SHERIFF'S RETURN - REGULAR CASE NO: 2001-01859 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LANE ENTERPRISES INC VS DILLER BOYD E INC BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DILLER BOYD INC the DEFENDANT , at 0014:40 HOURS, on the 5th day of April , 2001 at 6820 WERTZVILLE ROAD ENOLA, PA 17025 by handing to THELMA DILLER (SECRETARY) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.44 .00 10.00 .00 35.44 So ?~~i R. Thomas Kline Sworn and Subscribed to before 04/06/2001 WAYNEB:: m=~ ff/, 4J Deputy Sheriff me this J.J-:/L day of A.D. c0fT -C ,.. WAYNEF. SHADE Attorney at Law 5::1 West Pomfret Street Carlisle, Pennsylvania 17013 , __:.01 .,,,----',~ LANE ENTERPRISES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01-1859 CIVIL TERM BOYD E. DILLER, INC., Defendant STATEMENT OF INTENTION TO PROCEED TO: Curtis R. Long, Prothonotary After the filing of our Complaint in the above-captioned matter, the Defendant filed Chapter 11 bankruptcy proceedings in the United States Bankruptcy Court for the Middle District of Pennsylvania. Plaintiff has been receiving payments under the Plan of Reorganization while further proceedings in the above-captioned matter have been prevented by virtue of the automatic stay of litigation in bankruptcy. Therefore, Plaintiff requests that this matter not be dismissed for inactivity. Date: October 15,2004 a"~ E~ Wayn F. Shade, EsqUire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff .+ r WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~ ~, _I , '~ <-, ~ .I!l.~~~ LANE ENTERPRISES, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 01-1859 CIVIL TERM BOYD E. DILLER, INC., Defendant CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiff s Statement of Intention to Proceed in the above-captioned matter upon Defendant herein by first class United States mail, postage prepaid, to its counsel of record, Lawrence V. Young, Esquire, Countess, Gilbert, Andrews, P.C., 29 North Duke Street, York, Pennsylvania 17401. Date: October 15,2004 t'Cfi E~ Wayne . 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