HomeMy WebLinkAbout03-4112SHETRON WELDING & : IN THE COURT OF COMMON PLEAS
FABRICATION, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. DOCKET NO. 03 - y / /L
YORK FINISHING, INC
Defendant. : JURY TRIAL DEMANDED
: CIVIL ACTION -LAW
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 this Complaint and Notice are served, by
entering a written appearance personally or by 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 for 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 Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas sigiuentes,
usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita o en persona o por abogado y archivar en la corte en forma
escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara
medidas y puede entrar una orden contra usted sin previo aviso o
notificacion y por cualquier queja o alivio que es pedido en la
peticion de demanda. Usted puede perder dinero o sus propiedades
o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATEMENTE. SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL
SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA
CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
SHETRON WELDING &
FABRICATION, INC.
Plaintiff
V.
YORK FINISHING, INC.
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKETNO. 03- 411-1- ct-t'j 1-
JURY TRIAL DEMANDED
CIVIL ACTION - LAW
CIVIL COMPLAINT
1. The Plaintiff Shetron Welding & Fabrication, Inc. (hereafter "Shetron") is a
corporation, incorporated under the laws of Pennsylvania, located at 85 Kutz Road,
Carlisle, Cumberland County, Pennsylvania.
2. The Defendant, York Finishing, Inc. (hereafter "York Finishing") is a corporation,
incorporated under the laws of Pennsylvania, located at 215 E. Lancaster Street, Red
Lion, Pennsylvania.
3. On or before June 1, 2003, the Defendant, York Finishing contracted with
Plaintiff to powder coat Plaintiff's metal railing.
4. On or about June 1, 2003 and pursuant to the contract between York Finishing and
the Plaintiff, Plaintiff picked up its thirteen (13) pieces of thirty (30) foot rail at York
Finishing's place of business.
5. On or about June 3, 2003 Plaintiff discovered the quality of the powder coating
was defective and/or not of a workman-like quality.
6. Plaintiff informed Defendant through Bret Toland, the President of York Finishing
and an unknown representative from York Finishing believed to be "Rick," that the
quality of the railing was defective and/or not of a workman-like quality.
It is believed and therefore averred that Bret Toland, is responsible for the daily
operation and maintenance of York Finishing.
8. On or about June 3, 2003, Defendant traveled to Plaintiff s place of business in
Carlisle to inspect the railing and determined that the powder-coating finish was not of
good workmanship.
9. The subject railing was subsequently transported back to Defendant's place of
business by Defendant for recoating.
10. Between approximately June 3, 2003 and June 26, 2003 Plaintiff continued to
communicate with Brent Toland and "Rick" of York Finishing.
11. Both Brent Toland and "Rick" of York Finishing indicated Defendant York
Finishing was having problems with its coating processing.
13. On or about June 26, 2003 Plaintiff picked up the rail and discovered the rail was
cut in several places and welded together.
14. Defendant failed to consult Plaintiff prior to cutting and welding the said railing
together.
15. Defendant also failed to apply the color Plaintiff requested at the time the work
was contracted.
16. As a result of Defendant's failure to adequately perform under the contract
Plaintiff had to re-fabricate the railing and have it powder-coated by a another company
in an amount less than $25,000.00.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to enter
judgment against the Defendantsin the amount less than $25,000 plus interest and costs,
and other fees deemed reasonable by this Honorable Court.
Respectfully submitted,
ABOM & KUTULAKIS, L.L.P.
Dated: Q - l P ° `?utui ?s
J on Kutulakis, Esquire
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
Attorney for Plaintiff
VERIFICATION
I, Terry Shetron, hereby verify that the facts set forth in the foregoing Civil
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
Date: 'ir-17--0 3
Terry Shetron
of Shetron Welding & Fabrication, Inc.
n [
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K v`
V
Cj
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2003-04112 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHETRON WELDING & FABRICATION
VS
YORK FINISHING INC
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:
YORK FINISHING INC
but was unable to locate Them
deputized the sheriff of YORK
in his bailiwick. He therefore
serve the within COMPLAINT & NOTICE
County, Pennsylvania, to
On October 16th , 2003 , this office was in receipt of the
attached return from YORK
Sheriff's Costs
Docketing 18.00
Out of County 9.00
Surcharge 10.00
Dep York County 33.68
.00
70.68
10/16/2003
ABOM & KUTULAKIS
So?answe3 /
Thomas
F
Sheriff of Cumberland County
Sworn and subscribed to before me
this A'5).ct day of dea, ,
,2m3 A. D.
\
Prothonotary ' 1
I
' VORKTOWNE &IffiINESS'FOMBS • Q77) 225-0363 • FAX (]1]) 225-0367
J
/- of
COUNTY OF YORK
OFFICE OF THE SHERIFF S(7R7I 771-9601
`
28 EAST MARKET ST., YORK, PA 17401
SHERIFF SERVICE INSTRUCTIONS
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12
DO NOT DETACH ANY COPIES
1. PLAINTIFF/S/ 2. 6QUgTJV11p,1BER,
Shetron Welding & Fabrication Inc SS 4PYY civil
3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT
York Finishing Inc Notice and Complaint
SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
York Finishing Inc.
6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE ANDZIP CODE)
AT 215 E. Lancaster Street Red Lion, PA 17356 'M11.-xF
7. INDICATE SERVICE: ? PERSONAL ? PERSON IN CHARGE XN DEPUTIZE CE T. M IL ? 1ST CLASS MAIL ? POSTED ?OTHER
NOW August 27 , 2003 I, SHERIFF 0 OUNTY, PA, do hereby deputiz sheriff of
York COUNTY to execute thi It a return t ccording
to law. This deputization being made at the request and risk of the plaintiff. ? 1 ° Or
r SHERIFF O COUNTY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland
OUT OF COUNTY
CUMBERLAND
ADVANCED FEE PAID BY SHERIFF
NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within wnt may leave same
without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriff's sale thereof.
J NAr aRd,AODR BSNAr?c)RNESY/oIRlGINAT48s1qs'GNA[IyRE CARLISLE, PA 17013 1024TELEPHONE 9-0900NUMBER n. 8-21 03
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed).
CUMBERLAND CO SHERIFF
SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE
13. l acknowledge receipt of the writ R. AHRENS 1148 DATE RECEIVED 15. 9ExpiraGOon/Heearing Date
or complaint as indicated above.
16. HOW SERVED: PERSONAL RESIDENCE( ) POSTED ( ) POE ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW
17. ? I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. name above. (See remarks below.)
18. NAME AND TITLE OF INDIVIDUAL SERVED/ LIST ADDRESS HERE IF N QT SHO ABOV (Relationship to Didant) 19 Do of S rvice 20. Time of Service
f5rC4 y"?ta+^ l r?b1 ?N`I q l ??3 33SP. .
21, EMPTtA911 T0mE.I' MilllesInter I Date Time Miles Int. I Date Time l Miles I. I Date I Time Miles Int. 1 Date Tlme I M es Int. I Date I Time I Miles I Int.
22. REMARKS. l'(N17'I?I'v `/Ky)/yl ?r,Wss 18f'?? 7Gs KRO tT Dad Orr r A
v N1
23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33. Costs Due Refund heck No.
75.00 18.00 13.68 31.68 2.00 3.68 41.32 301E
34. Foreign County Costs 135. Advance Costs 136. Service Costs 137. Notary Carl. 138. Mileage/Posted/Not Found 139. Total Costs 140. Costs Due or Refund
41. AFFIRM and subscribed to before me this 3 SO ANSWERS
E'R'^----- Signature of 45. D T
42.dayof nrT t4p.mkL1p ¢3, ep. Sheriff ?M1- /r]??b/a?
MELISSA ,j SHAFF R L PROTH TARY Signature of York 47. DATE
CISY AT YOe ENotpry P County Sheriff
My COMIT 10-3-03
sbjonsxp, A? ooe WTT.T,TAM M. HnSF
48. Signature of Foreign 49. DATE
j]FC ? / County Sheriff
%FAUTHORIZED WLED RECEIPT OF THE SHERIFF' N SI{,}OATURE 51. DATE RECEIVED
ISSUING AUTHORITY AND TI E
1. WHITE- Issuing Authority 2. PINK -Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office
Shet on Welding & Fabrication, Inc.
vs
YorlclFinishing, Inc.
To the
Casc No. 03-4112 Civil Term
Statement of..T.AtentiOD to Proceed
Welding & Fabrication, Inc. intends to procccd with the above captioned matter.
Glenn R. Davis
printNarAr- for Dean F. Piermattei Sign. Name. Date:
Attorney for Plaintiff
Explanatory Comment
The Supra
inactive x
comment.
1. Rule of ci
New Rd
scope of tt
governed b
tailored to
local rules.
This rule
1104 (1998
before a cas
Rule of J
general poli
11 Mactive
The purp
court, Aft
If the partie
course term
will Flc a ni
a. Kiere thi
if the act
under Rule)
of a viable s
the notice 01
The timin
the entry of
reinstate the
must make
legitimate e;
termination
S. W1wrc the
An action
have been ti
common late
Court of Pennsylvania has promulgated new Mule of Civil Procedure 230.2 governing the termination of
: and amended Rule of Judicial Administration 1901. Two aspects of the rcoommendation merit
:l Procedure
of Civil Procedure 230,2 has been promulgated to govern the termination of inactive cases within the
Pennsylvania Rules of Civil Procedure. The termination of those oases for inactivity was previously
Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
e needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
Pas promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
in which the court held that "prejudice to the defendant As a result of delay in prosecution is required.
may be dismissed pursuant to local rules implementing Mule of Judicial Administration 1901."
jicial Administration 1901(b) has been amended to acconmmodatc the new rule of civil procedure. The
r of the prompt disposition of matters sct forth in subdivision (a) of that rule contimtucs to be applicable.
hsc of Rule 230.2 is to eliminate inactive 'cases from the judicial system. The process is.initinted by the
giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
sting the matter with prejudice for failure to prosecute," If a party wishes to pursue the matter, he or she
tice of intention to proceed and the action shall continue.
action has been ternsbtated
on is terminated when a parry believes that it should not have been terminated, that parry may proceed
0(d) for relief from the order of termination. An example of such an occurrence might be the termination
lion when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
intention to proceed.
of the filing of the petition to reinstate the action is important. if the petition is filed within thirty days of
he order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
show in to the court that the petition was promptly filed and that there is a reasonable explanation or
cuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
n the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
action has not been ier ninated
hich has not been terminated but which continues upon the filing of a notice of intention to proceed may
e subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
non prns which exits independently oftermination under Rule 230.2.
-s z w ?
3 t
m
133
r-! c_- cw=
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
3 CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573