HomeMy WebLinkAbout03-2154SHAW GLASS COMPANY, INCORPORATED Doing
Business as SOLAR SEAL COMPANY
Plaintiff
Vo
COMMONWEALTH ARCHITECTURAL SUPPLIES,
INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
;
· NO. Oa- ola'¥ ciVIL
:
· CIVIL DIVISION - LAW
NOTICE
YOU HAVE BEEN SUED IN COURT· IF YOU WISH TO DEFEND AGAINST THE CLAIM SET
FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER
THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE
PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES
OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL
TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED
AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE
COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY
LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER 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
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
SHAW GLASS COMPANY, INCORPORATED Doing
Business as SOLAR SEAL COMPANY
Plaintiff
COMMONWEALTH ARCHITECTURAL SUPPLIES,.
INC.
Defendant
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· NO.C)3 -~,/~-/ CIVIL
CIVIL DIVISION - LAW
.'
COMPLAINT
The Plaintiff, SHAW GLASS COMPANY, INCORPORATED Doing Business as SOLAR SEAL
COMPANY, by its attorneys, KNUPP, KODAK & IMBLUM, P.C., brings this action of Assumpsit against the
Defendant to recover the sum of THREE THOUSAND, TWO DOLLARS AND TWENTY-THREE CENTS
($3,002.23), along with interest thereon from March 13, 2002, upon a cause of action of which the following is a
statement:
1. The Plaintiff, SHAW GLASS COMPANY, INCORPORATED, is a corporation organized and
existing under the laws of the Commonwealth of Massachusetts, having its principal office and place of business
at 55 Bristol Drive, South Easton, Massachusetts 02375, and is doing business as SOLAR SEAL COMPANY·
2. The Defendant, COMMONWEALTH ARCHITECTURAL SUPPLIES, INC., is a corporation
organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and place
of business at 102A West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
F:\USER\BONNIEJO\COMP\WORK\29140com.wpd: 11 Feb03
3. On the dates, in the amounts, and for the prices set forth in a true and correct copy of Plaintiff's
Statement of Account hereto attached, marked as Exhibit "A" and made a part hereof, Plaintiff, at the special
instance and oral request of the Defendant, sold and delivered goods, wares and merchandise of the kind and
description set forth on said Exhibit to the total amount of Three Thousand, Three Hundred Forty-Nine Dollars and
Five Cents ($3,349.05).
4. The prices charged for said goods, wares and merchandise were just and reasonable, were the legal
and market prices therefor and were the prices which the Defendant orally promised and agreed to pay Plaintiff
therefor.
5. The balance due and owing by Defendant to Plaintiffis the sum of Three Thousand, Three Hundred
Forty-Nine Dollars and Five Cents ($3,349.04), as appears by the Statement of Account hereto attached, made a part
hereof and marked as Exhibit "A".
6. Plaintiff has frequently demanded payment from Defendant of said amount due and owing as
aforesaid, but Defendant has refused and neglected and still refuses and neglects to pay said amount of any part
thereof.
F:\USER\BONNIEJO\COMP\WORK\29140com.wpd: 11 Feb03 2
WHEREFORE, Plaintiff brings this suit to recover from Defendant the sum of THREE THOUSAND,
THREE HUNDRED FORTY-NINE DOLLARS AND FIVE CENTS ($3,349.05), together with interest thereon
from March 14, 2002.
Respectfully submitted,
Robert D. Kodak
407 North Front Street
Post Office Box #11848
Harrisburg, PA 17108-1848
(717) 238-7151
Attorney ID No. 18041
Attorney for Plaintiff
F:\USER\BONNIEJO\COMP\WORK~29140com.wpd: 11 Feb03 3
From: Coastal
To; Robert D, Kodak Page; 2/8
STATEMENT
SHAW GLASS CO., INC. DBA SOLAR SEAL
55 BRISTOL DRIVE
SO~ EASTON, MA 02375
(508) 238-0112
BURO, PA
DATE REFERENCE DESCRIPTION
01/17/02 0081225-IN 232119
02/08/02 0082164-IN 233067
03/14/02 0083548-IN 234044
Date; 12/27/2002 3;$6;37 PM
Page: I
Statement Date:
Sal~p~rmn:
07/26/02
K. A, MADANSKI & A
Customer No.:
0002650
C~lit Un'tit:
Credit Ay.liable:
CHAROE
129.59
217.23
3,002,23
CI~DIT
3,000,00
-349,05
BALANCE
129.59
217.23
3,002.23
CURRENT 30 DAYS 60 DAYS
0,00 0.00 0.00
120 DAYS
3,349,05
TOTAL
3,349.05
BALANCE DUE
3,349,05
....... Fro__m: M_ic_he_le..^h.m.e..d.~.Coa_stal ..... To.: R. abert J. Murphy
Page; 2/2 Date; 4/10/2003 1:07; 14 PM
~ERIFI(~ATION '
of SHAW GLASS COMPANY, ~CO~O~TED, v~rify ~ ~e ~ta~em~n~ ~de in ~ ~or~olng 4oc~nt
are true and correct, l understand that false statemems herein m'e made subiect to ~e penaJtles of la Pa. C. S,
§4904, tel-dng to unsworn f,,lsifica~ioa ~o authorities,
SHAW CLASS COMPANY, INCORPORATED
:By:
Tithe:
29140
l~:\Ugl~R\ltO.'d'~'l~O~eOMl~'9,'Oll, li\i~)14Oe, em.,,q~d: I t F=b03
SHERIFF'S RETURN - REGULAR
CASE NO: 2003-02154 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHAW GLASS COMPANY INC DBA
VS
COMMONWEALTH ARCHITECTURAL SUP
RON KERR , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
COMMONWEALTH ARCHITECTURAL SUPPLIES INC the
DEFENDANT , at 0009:02 HOURS, on the 13th day of May
at 29 FOXANNA DRIVE
MECHANICSBURG, PA 17055 by handing to
STEVE CANTRELL, OWNER
a true and attested copy of COMPLAINT & NOTICE
, 2003
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 5.52
Affidavit .00
Surcharge 10.00
.00
33.52
Sworn and Subscribed to before
me this /~ ~ day of
.... A.D.
· ~rothonotary
So Answers:
R. Thomas Kline
05/14/2003
KNUPP, KODAK & IMBLUM
~epfit~ Sheriff
SHAW GLASS COMPANY, INCORPORATED Doing: IN THE COURT OF COMMON PLEAS
Business as SOLAR SEAL COMPANY : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
:
v. : NO. 2003 CIVIL 02154
COMMONWEALTH ARCHITECTURAL SUPPLIES,: CIVIL DMSION - LAW
INC. :
Defendant :
TO: PROTHONOTARY, COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PRAECIPE FOR DEFAULT JUDGMENT
Enter judgment in favor of Plaintiff and against Defendant(s) COMMONWEALTH ARCHITECTURAL
SUPPLIES, INC., named for failure to file within the required time an Answer to the Complaint in the above-
captioned case and assess the PlaintifPs damages as follows:
Amount claimed in Plaintiffs Complaint
Interest from March 13, 2002 at the legal rote of 6% per annum
Total
$3,002.23
$232.66
$3,234.89
It is hereby certified that a written notice of intention to file this Pmecipe was mailed to the Defendant(s) and his
attorney of record, after the default occurred and at least ten (10) days prior to the date of the filing of this
Praecipe. See Exhibits A & B attached.
KNUPP, KOD~BLUM, P.C.
Robert D. Kodak, Attorney for Plaintiff
DATED: ludgment entered and damages assessed as above.
Prothonotary
Robert L. Knupp
Robert D. Kodak
Gary J. Imblum
Of Counsel
Mark A. Mateya
LAW OFFICES OF
KNUPP, KODAK & IMBLUM, P.C.
CAMERON MANSION
407 NORTH FRONT STREET
POST OFFICE BOX 11848
HARRISBURG. PA 17108-1848
Telephone: 717/238-7159
Facsimile: 7171238-71§8
email: kki,law~verizon.net
June 11, 2003
FiLE
Robert H. Maurer
(1923-1998)
COMMONWEALTH ARCHITECTURAL SUPPLIES INC
102A WEST MAIN STREET
MECHANICSBURG PA 17055
RE:
VS:
Shaw Glass Company, Inc. dba Solar Seal Co.
Commonwealth Architectural Supplies, Inc.
No. 2003-02154 Civil, Court of Common Pleas
Cumberland County, Pennsylvania
Our File No. 29140
Greetings:
In accordance with Pennsylvania Rules of Civil Procedure 237.1, we are enclosing herewith a
Notice of a Praecipe for Entry of Default Judgment. According to the records as they are found in the
Office of the Prothonotary of Cumberland County, you have not filed responsive pleadings to the
Complaint filed against you to the above term and number, nor has any attorney entered an appearance
on your behalf.
Accordingly, we are forwarding to you the enclosed Notice which indicates that if you do
not take action as set forth in this Notice, we, at the expiration of time indicated therein, will request the
Office of the Prothonotary of Cumberland County to enter Judgment against you in the amount as set
forth in said Complaint.
Very truly yours,
KNUPP, KODAK & IMBLUM, P.C.
Robert D. Kodak, Esq.
RDK/kqb
enclosure
cc: MICHELE r SILVER AHMED #1128-0023
COASTAL RECOVERY CORP
POST OFFICE BOX 219
WHITE PLAINS NY 10605-0219
SHAW GLASS COMPANY, INCORPORATED Doing: IN THE COURT OF COMMON PLEAS
Business as SOLAR SEAL COMPANY
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003 CML 02154
COMMONWEALTH ARCHITECTURAL SUPPLIES, : CIVIL DMSION - LAW
INC. :
Defendant :
IMPORTANT NOTICE
TO: COMMONWEALTH ARCHITECTURAL SUPPLIES, INC. , Defendant(s)
DATE OF NOTICE: JUNE 11, 2003
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 (10) 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 OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
(717) 249-3166
NOTICIA IMPORTANTE
A: COMMONWEALTH ARCHITECTURAL SUPPLIES, INC, Demandado(s)
FECHA DE NOTICIA: JUNE 11, 2003
USTED NO HA COMPLIDO CON EL AVISO ENTERIOR PORQUE HA FALTADO EN TOMAR
MEDIDAS REQUERIDS RESPECTO A ESTE CASE. SI USTED NO ACTUA DENTRO DE DIEZ (10)
DIAS DESDE LA FECHA DE ESTA NOTICIA, ES POSIBLE QUE UN FALLO SEIA REGISTRADO
CONTRA USTED SIN UNA AUDIENCIA Y USTED PODRIA PERDER SU PROPIEDAD O OSTROS
DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTA NOTICIA A SU ABOGADO EN
SEGUIDA. SI USTED NO I'IENE ABOGADO O NO TIENE CON QUE PAGAR LOS SERVICIOS DE
UN ABOGADO, VAYA O LLAME A LA OFICINA ESCRITA ABAJO PARA AVERIGUAR A DONDE
USTED PUEDE OBTENER LA AYUDA LEGAC:
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE PA 17013
~ 249-3166
SHAW GLASS COMPANY, INCORPORATED Doing: IN THE COURT OF COMMON PLEAS
Business as SOLAR SEAL COMPANY
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003 CIVIL 02154
COMMONVv'EALTH ARCHITECTURAL SUPPLIES,: CML DIVISION - LAW
INC. :
Defendant :
To COMMONWEALTH ARCHITECTURAL SUPPLIES, INC., Defendant(s)
You are hereby notified that on
(Judgment) has been entered against you in t~ above-captioned case.
,20~, the following
Judgment entered in the amount of $3,234.89
Prothonotary
I hereby certify that the name and address of the proper person(s) to receive this notice is:
COMMONWEALTH ARCHITECTURAL SUPPLIES, INC.
102A WEST MAIN STREET
MECHANICSBURG PA 17055
A/COMMONWEALTH ARCHITECTURAL SUPPLIES, INC., Defendido/a Defendidos/as
Por este medio se le esta notificando que el de del 20_,
el/la siguiente(Fallo) ha sido anotado en contra suya en el caso mencionado en el epigrafe.
Protonotario
Certificao que la siguiente direction es la del defendido/a segun indicada en el cetificado de
residencia:
COMMONWEALTH ARCHITECTURAL SUPPLIES, INC.
102A WEST MAIN STREET
MECHANICSBURG PA 17055
Abogado del Demandante
PRAECIPE FOR
WRIT OF EXECUTION - (MONEY JUDGMENTS)
P.R.C.P. 3101 to 3149
SHAW GLASS COMPANY, INC.
DOING BUSINESS AS SOLAR SEAL
COMPANY
IN THE COURT OF COlVk40N PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Writ No. Term 20
Plaintiff
No. 2003 CIVIL 02154 Term 2003
VS
Amount due
$ 3,234.89
COMPiONWEALTHARCHITECTURAL
SUPPLIES, INC.
102A WEST MAIN STREET
MECHANICSBURG PA 17055
InterestFROM DATE OF JUDG.
Atty's Co~u~.
and CostsTO BE DETEP24INED$
Defendant (s)
(06/25/03)
$ 161.74
TO THE PROTHONOTARY OF SAID COURT: ISSUE WRIT OF EXECUTION IN THE ~d~OVE MATTER,
(1) Directed to the Sheriff of ~mL~ND County, Pennsylvania;
(2) against COP~qONWEALTH ARCHITECTURAL SUPPLIES, INC.
(3) and against PENNSYLVANIA STATE BANK
Defendant (s)
Garnishee (s),
(4) and index this writ
(a) against CO~ONWEALTH ARCHITECTURAL SUPPLIES, INC.
and
(b) against PENNSYLVANIA STATE BANK
Defendant(s)
Garnishee(s),
as a lis pendens against the real property of the defendant(s) in the name-df the Garnishee(s)
as follows:
(Specifically describe property and note any specific direction to Sheriff) Furnish 4 copies for
real estate levy)
LEV~D'PONALLPEi~SON~LP/~OPEI~Ty OF ABOVE-LIS~EDDEFENDANT(S) AT ABOV~-LISTEDADD1RESSAND C~%~lqISH
PENNSYLVANIA STA"2E ]~NK, 91 ~ PA~/~%Y, M~C~ANICSB%TRG PA 17055 DEFENDANT ACCT.
031302447 15202823.
(5) Exemption has (not) been waived. ~~
Robert D. Kodak, Esquire
PO Box 11848
Harrisburg, PA 17108
(717) 238-7159
Dated 11/03/03 Attorney For Plaintiff(s)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 03-2154 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SHAW GLASS COMPANY, INC., DOING BUSINESS
AS SOLAR SEAL COMPANY, Plaintiff (s)
From COMMONWEALTH ARCHITECTURAL SUPPLIES, INC., 102A WEST MAIN
STREET, MECHANICSBURG, PA 17055
(1) You are directed to levy upon the proper~ of the defendant (s)and to sell LEVY UPON ALL
PERSONAL PROPERTY OF ABOVE-LISTED DEFENDANT(S) AT ABOVE-LISTED ADDRESS
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of GARNISH PENNSYLVANIA STATE BANK, 91 CUMBERLAND PARKWAY,
MECHANICSBURG, PA 17055, DEFENDANT ACT. # 031302447 15202823
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $3,234.89 L.L. $.50
Interest FROM DATE OF JUDG (6/25/03)
Atty's Comm % $161.74 Due Prothy $1.00
AttyPaid $115.52 Other Costs
Plaintiff Paid
Date: NOVEMBER 5, 2003
(Seal)
REQUESTING PARTY:
Name ROBERT D. KODAK, ESQUIRE
Address: PO BOX 11848
HARRISBURG, PA 17108
Attorney for: PLAINTIFF
Telephone: 717-238-7159
Supreme Court ID No. 18041
CURTIS R. LONG
Prothonot~,~7
Deputy
SHERIFF'S RETURN - GARNISHEE
CASE NO: 2003-02154 P
COMMONWEALTH OF PENNSLYVAiqIA
COUNTY OF CUMBERLAND
SHAW GLASS COMPANY INC DBA
VS
COMMONWEALTH ARCHITECTURAL SUP
And now JASON VIORAL
Cumberland County, Pennsylvania,
to law, at 0014:25 Hours, on the 13th day of November ,
as herein commanded all goods, chattels, rights, debts,
moneys of the within named DEFENDANT ,
COMMONWEALTH ARCHITECTURAL SUPPLIES INC
hands, possession, or control of the within named Garnishee
PA STATE BANK 91 CUMBERLAND PARKWAY
, Sheriff or Deputy Sheriff of
who being duly sworn according
2003, attached
credits, and
in the
MECHANICSBURG, PA 17055
Cumberland County, Pennsylvania, by handing to
PAM THOMPSON (COMMUNITY OFFICE MANAGER)
personally 3 true and attested copies of the within
WRIT OF EXECUTION and made the contents thereof known to Her .
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
So answers:
R. Thomas Kline
Sheriff of Cumberland County
oo/oo/oooo
By
Sworn and subscribed to before me
this day of
A.D.
f f
Prothonotary
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned ABANDONED, no action taken in six months.
Sheriff's Costs:
Docketing 18.00
Poundage 1.85
Advertising
Law Library .50
Prothonotary 1.00
Mileage 13.80
Misc.
Surcharge 30.00
Levy 20.00
Post Pone Sale
Garnishee 9.00
TOTAL 94.15
Advance Costs: 150.00
Sheriff's Costs: 94.15
55.85
Refunded to Arty on 07/27/04
Sworn and Subscribed to before me
this ~ ff day of (~.t ~
2004 A.D. ~ d2,~ ~A~
pro~notary
R. Thomas Kline, Sh6rif5