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HomeMy WebLinkAbout07-3906WINDOW & DOOR ACE, INC., Plaintiff VS. & K RESTORATIONS, LLC, ?ROY K. GORDON and KAREN E. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO: G7-350 CIA +crn^ IN REPLEVIN NOTICE L & K Restorations, LLC, Leroy K. Gordon and Karen E. Gordon Defendants You have been sued in court. If you wish to defend against the claims set forth in the lowing pages, you must take action within twenty (20) days after this Complaint and Notice served, by entering a written appearance personally or by attorney and filing in writing with Court your defenses or objections to the claims set forth against you. You are warned that if z fail to do so, the case may proceed without you and a judgment may be entered against you the Court without further notice for any money claimed in the Complaint or for any other im or relief requested by the Plaintiff. You may lose money or property or other rights .)ortant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 LAW OFFICES SNEL13AKER & 11 Date: June 28, 2007 BRENNEMAK, . SNELBA R & BRENNEMAN, P.C. By A orneys for Plaintiff MARVIN WINDOW & DOOR IN THE COURT OF COMMON PLEAS OF SHOWPLACE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. NO: 7 _ 3 9r D (0 c.l w 14e. rA, GORDON, Defendants IN REPLEVIN COMPLAINT AND NOW, comes the Plaintiff, MARVIN WINDOW & DOOR SHOWPLACE, INC., by its attorneys, Snelbaker & Brenneman, P.C., and avers the following causes of action: BACKGROUND 1. The Plaintiff is Marvin Window & Door Showplace, Inc., a corporation, having its offices at 1261 Claremont Road, Carlisle (Middlesex Township), Cumberland County, Pennsylvania 17015. 2. Defendant L & K RESTORATIONS, LLC, (hereinafter called "Defendant L & K") is a limited liability company, having its principal place of business at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania 17241. 3. Defendants LEROY K. GORDON and KAREN E. GORDON are adult individuals, husband and wife, who reside at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania 17257. 4. Plaintiff is in the business of selling, installing, restoring and replicating windows and doors, frames and allied materials in new and existing buildings. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Defendant Leroy K. Gordon was an employee of Plaintiff until he resigned from employment on May 31, 2007. Defendant Gordon was Plaintiff's project manager on commercial projects and had intimate knowledge of Plaintiff s contracts with its customers. b. At all times relevant hereto, Defendant L & K operated a business which replicates and restores wooden window sash, doors, frames and moldings to meet historical requirements, and prefinishes or paints interiors of windows and doors prior to installation. 7. At all times relevant hereto, Defendant Leroy K. Gordon was the principal member and representative of and for Defendant L & K in its dealings with Plaintiff. 8. Defendant L & K performed restoration, replication and prefinishing services for Plaintiff as a subcontractor in Plaintiffs projects with its customers. 9. All contracts between Plaintiff and Defendant L & K were oral and consisted of the following background, terms and courses of dealings: A. When Plaintiff bid a contract which included restoration and/or replication of wooden windows, doors, frames and/or moldings, Defendant Leroy K. Gordon in his dual capacity as Plaintiff s employee and principal of Defendant L & K, inspected the project and submitted a subcontract bid price to Plaintiff. B. When Plaintiff was the successful bidder on restoration and replication projects, Plaintiff removed the windows, doors, frames and moldings which required restoration and/or replication and delivered them to Defendant L & K for performance of its work at its place of business: 1120 Greenspring Road, Newville (North Newton Township), Pennsylvania. LAW OFFICES SNELSAKER & BRENNEMAN, P.C. C. As Defendant L & K completed its work, Plaintiff would retrieve the completed units and return them to the project site for installation. 2 D. Defendant L & K periodically billed Plaintiff for its work and Plaintiff remitted payment to Defendant L & K. The billings submitted by Defendant L & K were not necessarily related to completed units of work. E. There was no requirement that Plaintiff's payment was a condition precedent to removing the completed units for return to the project sites. From the inception of their course of dealings, Defendant L & K waived any right of possessory lien. 10. At all times relevant hereto, Plaintiff was entitled to lawful possession of the various windows, doors, frames and moldings removed from the various projects with the owners' consents through the general contractors to whom Plaintiff was a sub-contractor. 11. On May 31, 2007, Defendant Leroy K. Gordon submitted to Plaintiff his written resignation as an employee and informed Plaintiff to not enter upon Defendant L & K's business premises. 12. On May 31, 2007, and at all times thereafter, Defendant L & K has retained physical possession of various materials received under contract with Plaintiff (as more fully averred hereinbelow), which said Defendant has failed and refused to return to or make available to Plaintiff, in violation of its contract with Plaintiff. 13. During the month of May, 2007, Defendant Leroy K. Gordon took possession of certain property owned by Plaintiff to which said Defendant had no right of possession (See Count I below), which Defendant has failed to return to Plaintiff. 14. On or about June 11, 2007, Defendant Leroy K. Gordon and Defendant L & K LAW OFFICES SNELBAKER 8c made demand upon Plaintiff through its attorneys for payment via two checks: BRENNEMAN, P.C. 11 A. A check for alleged unpaid wages, alleged unpaid vacation pay, alleged unreimbursed expenses and alleged commissions due Defendant Leroy K. Gordon, and B. A check for alleged unpaid work invoices due Defendant L & K; and advised of the exercise of a possessory lien as follows: "Please forward these two (2) checks payable as requested above, to me at the above listed Waynesboro address within two (2) weeks of the date of this letter. Our receipt and clearing of these funds in a timely manner will ensure a rapid and amicable resolution of this situation so that all parties can move forward. If we do not receive the funds as request's, Mr. Gordon and L & K Restorations will have no choice but to move forward with appropriate legal action. In the meantime, L & K Restorations will maintain possession of all work product, and all other Marvin Window & Door Showplace products currently stored at the warehouse until these sums have been paid. You are hereby advised that you or your employees may not enter onto property owned by L & K Restorations or by Leroy Gordon. Any such entry upon private property will be treated as a trespass and will be prosecuted to the full extent of the law." 15. Plaintiff needs the "work product and all other Marvin Window & Door Showplace products" detained by Defendant L & K and Defendant Leroy K. Gordon in order to fulfill its obligations to its customers. 16. By letters dated June 18, 2007, and June 25, 2007, from Plaintiff's attorneys to Defendants' attorney, demand was made for release of possession of all materials held by all Defendants. 17. The Defendants have failed and refused to release and deliver possession of the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. materials to Plaintiff. 18. The subject personal property materials as more fully described hereinbelow are physically located at either or both of the following locations: 4 A. The place of business of Defendant L & K at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania, and/or B. The residence of Defendants Leroy K. Gordon and Karen E. Gordon at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 19. Defendants Leroy K. Gordon and Karen E. Gordon have no right to possession of any of the subject personal property materials. 20. By refusing to release the subject personal property materials, Defendant L & K has failed and refused to perform its duties under its contracts with Plaintiff and is in breach thereof. COUNT I Plaintiff v Defendant L & K and Defendant Leroy K. Gordon (Lorton Arts Foundation Project) 21. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto. 22. On or about January 9, 2007, Plaintiff entered into a contract with B E & K Building Group, the general contractor for restoration of a former historical prison owned by Lorton Arts Foundation to provide new replacement windows and to replicate and/or restore existing windows, doors and frames ("Lorton Project") 23. On or about January 9, 2007, Defendant L & K entered into an oral contract with Plaintiff to provide the restoration and replication work of the windows, doors and frames. 24. In breach of the parties' contract, defendant L & K and Defendant Leroy K. LAW OFFICES SNELBAKER & BRENNEMAN,f.C. Gordon refused to release possession of the following items/materials entrusted to Defendant L & K for restoration and various items for replication: 5 A. 23 pairs of wooden double hung window sash (approximately 3'5" x T; 13/4" thick; divided 12/12 lights). B. Various dimensions and quantities of mahogany interior window casings, window stools and sash bead. C. Approximately 20 window frames and sills for windows in $ A. above. D. A complete exterior door system consisting of door, side-lights and frame. E. A replicated door and frame, with architectural plans/drawings. F. Frame and sash parts for replication. 25. Plaintiff is entitled to possession of the foregoing items/material by permission of the owner by virtue of Plaintiff's contract with the owner's general contractor. 26. Defendant L & K has wrongfully asserted a possessory lien on the above mentioned items/materials in violation of its contract with Plaintiff as averred above and, in any event, having waived any such lien by the parties' custom, practice and course of dealing. 27. Defendant Leroy K. Gordon has no personal right of lien by contract, law or otherwise. 28. The items/materials described above are historically unique and significant, and are required by Plaintiff in-kind for its fulfillment of its contract with the owner's general contractor. 29. Plaintiff has demanded return of the subject items/materials as averred in LAW OFFICES SNELBAKER & BRENNEMAN,f.C. paragraph 16 above, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. 30. The value of the subject items/materials is $19,500.00. 6 WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the items/materials averred in paragraph 24 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said items/materials; C. The costs of this action; and D. Such other and further relief as the Court shall determine to be just and proper. COUNT II Plaintiff v. Defendant L & K and Defendant Leroy K. Gordon (Rockville Town Center Proiect) 31. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto as though set forth in full. 32. During the years 2005 and 2006, Plaintiff and Defendant L & K entered into and performed four oral contracts for refinishing work in connection with Plaintiff's contracts to provide new windows and doors at a project in Rockville, Maryland, known as the "Rockville Town Center Project". 33. In the course of said performance, Defendant L & K received a quantity of new replacement window sash and accumulated a quantity of new, left-over window and door materials owned by Plaintiff. 34. Defendant L & K has wrongfully asserted a possessory lien on the above LAW OFFICES SNELBAKER & BRENNEMAN, P.C. mentioned items/materials in violation of its contracts with Plaintiff as averred above and, in any event, having waived any such lien by the parties' custom, practice and course of dealing. 7 35. Defendant Leroy K. Gordon has no personal right of lien by contract, law or otherwise. 36. Plaintiff has demanded return of said excess materials as averred in paragraph 16 hereinabove, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. 37. The value of the subject items is $2,500.00. WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the materials described in paragraph 33 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. COUNT III (In the alternative) Plaintiff v. Defendant L & K and Defendants Leroy K. and Karen E. Gordon 38. The averments contained in paragraphs 1 through 37 hereinabove are incorporated herein by reference thereto as though set forth in full. 39. Based upon information received, which Plaintiff believes to be true and correct, LAW OFFICES SNELBAKER Sc BRENNEMAN, P.C some or all of the personal property sought to be recovered in Counts I and II above has been removed from the premises of L & K Restorations LLC to the residence of Defendants Leroy K. 8 Gordon and Karen E. Gordon located at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 40. Defendants Leroy K. and Karen E. Gordon have no right to hold, possess, retain or detain any of the items being the subject matter of this proceeding. 41. Demand has been made on behalf of the Plaintiff for relinquishment of possession of said personal property and delivery thereof to Plaintiff as averred in paragraph 16 hereinabove. Defendants have failed and refused to relinquish possession and deliver the property to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants Leroy K. Gordon and Karen E. Gordon for: A. The return of all personal property demanded in Counts I and II above; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. By ch . Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff 9 VERIFICATION 1, ROBERT L. SLAGLE, do hereby certify that I am the President of Marvin Window & Door Showplace, Inc., the Plaintiff in the foregoing Complaint, that the facts in the foregoing Complaint within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 rylating to unsworn falsification to authorities. Dated: June 28, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. fV 1 N s 1 v - ? i OL1 C ' co 1 ^Y l MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 07-3?o6 IN REPLEVIN MOTION FOR WRIT OF SEIZURE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Marvin Window & Door Showplace, Inc., by its attorneys, Snelbaker & Brenneman, P.C., and requests the issuance of a Writ of Seizure upon notice and hearing pursuant to Pa. R.C.P. 1075.1 as follows: Plaintiff has filed its Complaint in this action of replevin on June 28, 2007, a true and correct copy of which is attached hereto and incorporated herein by reference thereto. The basis of Plaintiff's claim against Defendants is set forth in said Complaint. 2. Plaintiff seeks to recover from the above named Defendants the items of personal property as more specifically identified in Counts I and II of said Complaint and elects to proceed pursuant to Pa. R.C.P. 1075.1. WHEREFORE, pursuant to Pa. R.C.P. 1075. 1, Plaintiff respectfully requests the Court to: A. Fix a hearing to determine the probable validity of Plaintiff's claim; B. Fix the amount of the bond; and C. Order the issuance of a Writ of Seizure for the items of personal property identified in the Complaint. Respectfully submitted, LAW OFFICES SNELBAKER & BRENNEMAN, Q.C. Dated: June 28, 2007 SNELBA & BRENNEMAN, P.C. By c C. Snelbaker, Esquire 44 West Main Street (717) 697-8528 Mechanicsburg, PA 17055 Attorneys for Plaintiff C Fn N) -, lip CX) 3? C r' -i WINDOW & DOOR ACE, INC., Plaintiff VS. & K RESTORATIONS, LLC, EROY K. GORDON and KAREN E. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: b7 - 3gOb c -`, - J co ? IN REPLEVIN co ? ,-, NOTICE L & K Restorations, LLC, Leroy K. Gordon and Karen E. Gordon Defendants You have been sued in court. If you wish to defend against the claims set forth in the lowing pages, you must take action within twenty (20) days after this Complaint and Notice served, by entering a written appearance personally or by attorney and filing in writing with Court your defenses or objections to the claims set forth against you. You are warned that if z fail to do so, the case may proceed without you and a judgment may be entered against you the Court without further notice for any money claimed in the Complaint or for any other im or relief requested by the Plaintiff. You may lose money or property or other rights portant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE E OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & BRENNEMAN, P.C Date: June 28, 2007 SNELBAKER & BRENNEMAN, P.C. By Attorneys for Plaintiff ? i8t8D1, r unto Sgt nOW me 20d d Ord at P& ,„, . "a? MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: IN REPLEVIN COMPLAINT AND NOW, comes the Plaintiff, MARVIN WINDOW & DOOR SHOWPLACE, INC., by its attorneys, Snelbaker & Brenneman, P.C., and avers the following causes of action: BACKGROUND 1. The Plaintiff is Marvin Window & Door Showplace, Inc., a corporation, having its offices at 1261 Claremont Road, Carlisle (Middlesex Township), Cumberland County, Pennsylvania 17015. 2. Defendant L & K RESTORATIONS, LLC, (hereinafter called "Defendant L & K") is a limited liability company, having its principal place of business at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania 17241. 3. Defendants LEROY K. GORDON and KAREN E. GORDON are adult individuals, husband and wife, who reside at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania 17257. 4. Plaintiff is in the business of selling, installing, restoring and replicating windows and doors, frames and allied materials in new and existing buildings. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 5. Defendant Leroy K. Gordon was an employee of Plaintiff until he resigned from employment on May 31, 2007. Defendant Gordon was Plaintiff's project manager on commercial projects and had intimate knowledge of Plaintiff's contracts with its customers. 6. At all times relevant hereto, Defendant L & K operated a business which replicates and restores wooden window sash, doors, frames and moldings to meet historical requirements, and prefinishes or paints interiors of windows and doors prior to installation. 7. At all times relevant hereto, Defendant Leroy K. Gordon was the principal member and representative of and for Defendant L & K in its dealings with Plaintiff. Defendant L & K performed restoration, replication and prefinishing services for Plaintiff as a subcontractor in Plaintiff's projects with its customers. 9. All contracts between Plaintiff and Defendant L & K were oral and consisted of the following background, terms and courses of dealings: A. When Plaintiff bid a contract which included restoration and/or replication of wooden windows, doors, frames and/or moldings, Defendant Leroy K. Gordon in his dual capacity as Plaintiff's employee and principal of Defendant L & K, inspected the project and submitted a subcontract bid price to Plaintiff. B. When Plaintiff was the successful bidder on restoration and replication projects, Plaintiff removed the windows, doors, frames and moldings which required restoration and/or replication and delivered them to Defendant L & K for performance of its work at its place of business: 1120 Greenspring Road, Newville (North Newton Township), Pennsylvania. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C. As Defendant L & K completed its work, Plaintiff would retrieve the completed units and return them to the project site for installation. 2 D. Defendant L & K periodically billed Plaintiff for its work and Plaintiff remitted payment to Defendant L & K. The billings submitted by Defendant L & K were not necessarily related to completed units of work. E. There was no requirement that Plaintiff s payment was a condition precedent to removing the completed units for return to the project sites. From the inception of their course of dealings, Defendant L & K waived any right of possessory lien. 10. At all times relevant hereto, Plaintiff was entitled to lawful possession of the various windows, doors, frames and moldings removed from the various projects with the owners' consents through the general contractors to whom Plaintiff was a sub-contractor. 11. On May 31, 2007, Defendant Leroy K. Gordon submitted to Plaintiff his written resignation as an employee and informed Plaintiff to not enter upon Defendant L & K's business premises. 12. On May 31, 2007, and at all times thereafter, Defendant L & K has retained physical possession of various materials received under contract with Plaintiff (as more fully averred hereinbelow), which said Defendant has failed and refused to return to or make available to Plaintiff, in violation of its contract with Plaintiff. 13. During the month of May, 2007, Defendant Leroy K. Gordon took possession of certain property owned by Plaintiff to which said Defendant had no right of possession (See Count I below), which Defendant has failed to return to Plaintiff. 14. On or about June 11, 2007, Defendant Leroy K. Gordon and Defendant L & K LAW OFFICES SNELBAKER & BRENNEMAN, P.C. made demand upon Plaintiff through its attorneys for payment via two checks: 3 A. A check for alleged unpaid wages, alleged unpaid vacation pay, alleged unreimbursed expenses and alleged commissions due Defendant Leroy K. Gordon, and B. A check for alleged unpaid work invoices due Defendant L & K; and advised of the exercise of a possessory lien as follows: "Please forward these two (2) checks payable as requested above, to me at the above listed Waynesboro address within two (2) weeks of the date of this letter. Our receipt and clearing of these funds in a timely manner will ensure a rapid and amicable resolution of this situation so that all parties can move forward. If we do not receive the funds as request's, Mr. Gordon and L & K Restorations will have no choice but to move forward with appropriate legal action. In the meantime, L & K Restorations will maintain possession of all work product, and all other Marvin Window & Door Showplace products currently stored at the warehouse until these sums have been paid. You are hereby advised that you or your employees may not enter onto property owned by L & K Restorations or by Leroy Gordon. Any such entry upon private property will be treated as a trespass and will be prosecuted to the full extent of the law." 15. Plaintiff needs the "work product and all other Marvin Window & Door Showplace products" detained by Defendant L & K and Defendant Leroy K. Gordon in order to fulfill its obligations to its customers. 16. By letters dated June 18, 2007, and June 25, 2007, from Plaintiff's attorneys to Defendants' attorney, demand was made for release of possession of all materials held by all Defendants. 17. The Defendants have failed and refused to release and deliver possession of the LAW OFFICES SNELBAKER & BRENNEMAN, P.C. materials to Plaintiff. 18. The subject personal property materials as more fully described hereinbelow are physically located at either or both of the following locations: 4 A. The place of business of Defendant L & K at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania, and/or B. The residence of Defendants Leroy K. Gordon and Karen E. Gordon at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 19. Defendants Leroy K. Gordon and Karen E. Gordon have no right to possession of any of the subject personal property materials. 20. By refusing to release the subject personal property materials, Defendant L & K has failed and refused to perform its duties under its contracts with Plaintiff and is in breach thereof. COUNTI Plaintiff v. Defendant L & K and Defendant Leroy K. Gordon (Lorton Arts Foundation Project) 21. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto. 22. On or about January 9, 2007, Plaintiff entered into a contract with B E & K Building Group, the general contractor for restoration of a former historical prison owned by Lorton Arts Foundation to provide new replacement windows and to replicate and/or restore existing windows, doors and frames ("Lorton Project"). 23. On or about January 9, 2007, Defendant L & K entered into an oral contract with Plaintiff to provide the restoration and replication work of the windows, doors and frames. 24. In breach of the parties' contract, defendant L & K and Defendant Leroy K. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Gordon refused to release possession of the following items/materials entrusted to Defendant L & K for restoration and various items for replication: A. 23 pairs of wooden double hung window sash (approximately 3'5" x 7; 13/4" thick; divided 12/12 lights). B. Various dimensions and quantities of mahogany interior window casings, window stools and sash bead. C. Approximately 20 window frames and sills for windows in ¶ A. above. D. A complete exterior door system consisting of door, side-lights and frame. E. A replicated door and frame, with architectural plans/drawings. F. Frame and sash parts for replication. 25. Plaintiff is entitled to possession of the foregoing items/material by permission of the owner by virtue of Plaintiff's contract with the owner's general contractor. 26. Defendant L & K has wrongfully asserted a possessory lien on the above mentioned items/materials in violation of its contract with Plaintiff as averred above and, in any event, having waived any such lien by the parties' custom, practice and course of dealing. 27. Defendant Leroy K. Gordon has no personal right of lien by contract, law or I otherwise. 28. The items/materials described above are historically unique and significant, and are required by Plaintiff in-kind for its fulfillment of its contract with the owner's general contractor. 29. Plaintiff has demanded return of the subject items/materials as averred in paragraph 16 above, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 30. The value of the subject items/materials is $19,500.00. 6 WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the items/materials averred in paragraph 24 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said items/materials; C. The costs of this action; and D. Such other and further relief as the Court shall determine to be just and proper. COUNT II Plaintiff v. Defendant L & K and Defendant Leroy K. Gordon (Rockville Town Center Proiect) 31. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto as though set forth in full. 32. During the years 2005 and 2006, Plaintiff and Defendant L & K entered into and performed four oral contracts for refinishing work in connection with Plaintiff's contracts to provide new windows and doors at a project in Rockville, Maryland, known as the "Rockville Town Center Project". 33. In the course of said performance, Defendant L & K received a quantity of new replacement window sash and accumulated a quantity of new, left-over window and door materials owned by Plaintiff. 34. Defendant L & K has wrongfully asserted a possessory lien on the above LAW OFFICES SNELBAKER & BRENNEMAN, P.C. mentioned items/materials in violation of its contracts with Plaintiff as averred above and, in any event, having waived any such lien by the parties' custom, practice and course of dealing. 7 35. Defendant Leroy K. Gordon has no personal right of lien by contract, law or otherwise. 36. Plaintiff has demanded return of said excess materials as averred in paragraph 16 hereinabove, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. 37. The value of the subject items is $2,500.00. WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the materials described in paragraph 33 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. COUNT III (In the alternative) Plaintiff v. Defendant L & K and Defendants Leroy K. and Karen E. Gordon 38. The averments contained in paragraphs 1 through 37 hereinabove are incorporated herein by reference thereto as though set forth in full. 39. Based upon information received, which Plaintiff believes to be true and correct, LAW OFFICES some or all of the personal property sought to be recovered in Counts I and II above has been SNELBAKER & BRENNEMAN, P.C. removed from the premises of L & K Restorations LLC to the residence of Defendants Leroy K. 8 Gordon and Karen E. Gordon located at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 40. Defendants Leroy K. and Karen E. Gordon have no right to hold, possess, retain or detain any of the items being the subject matter of this proceeding. 41. Demand has been made on behalf of the Plaintiff for relinquishment of possession of said personal property and delivery thereof to Plaintiff as averred in paragraph 16 hereinabove. Defendants have failed and refused to relinquish possession and deliver the property to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants Leroy K. Gordon and Karen E. Gordon for: A. The return of all personal property demanded in Counts I and II above; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. By "Rich&TC. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff 9 VERIFICATION I, ROBERT L. SLAGLE, do hereby certify that I am the President of Marvin Window & Showplace, Inc., the Plaintiff in the foregoing Complaint, that the facts in the foregoing Complaint within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 rlat?ng to unsworn falsification to authorities. Dated: Juri.e 28, 2007 LAW OFFICES 3NELBAKER & ENNEMAN, P.C. -? C `?, p?Q t?'"' ? _._- 'Q ::.. 4'0, ? ?? 'ARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff, VS. L&K RESTORATIONS, LLC, ' LEROY K. GORDON and KAREN K. GORDON, Defendants. NOTICE OF HEARING FOR SEIZURE OF PROPERTY L&K RESTORATIONS LLC (Defendant) and LEROY K. GORDON (Defendant) and KAREN K. GORDON (Defendant) YOU ARE HEREBY NOTIFIED that (J_) Plaintiff has commenced an Action in Replevin and has filed a Motion for Seizure of the property described in the Complaint. A copy of the Complaint and Motion is attached to this notice; (2) There will be a hearing on this Motion on Monday, July 2, 2007, at 1:30 o'clock P. M., E. D. S. T., in Court Room No. 1 of the Cumberland County Courthouse at Carlisle, Pennsyl vania; (3) You may appear in person or by a lawyer at the time and place set forth above or file mitten objections setting forth your reasons why the property should not be seized; (4) Your failure to appear at the hearing may result in the seizure of the property claimed by the Plaintiff before a final decision in this case. MARVIN WINDOW & DOOR SHOWPLACE, INC. (Name of Plaintiff) Bv: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-3906 IN REPLEVIN By SNE ZER st ENNEMAN, P. C. Ric and C. Snelbaker Attorneys for Plaintiff Date of Notice: June 29, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ?IARVIN WINDOW & DOOR ;HOWPLACE, INC., Plaintiff vs. & K RESTORATIONS, LLC, EROY K. GORDON and KAREN E. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO: o 7- 3901° : IN REPLEVIN c-, ^a -n NOTICE I C ri7 O: L & K Restorations, LLC, Leroy K. Gordon and Karen E. Gordon Defendants --° r ' .. -'nom You have been sued in court. If you wish to defend against the claims ?et fo?i in*e flowing pages, you must take action within twenty (20) days after this Complaint and Notice e served, by entering a written appearance personally or by attorney and filing in writing with e Court your defenses or objections to the claims set forth against you. You are warned that if >u fail to do so, the case may proceed without you and a judgment may be entered against you ? the Court without further notice for any money claimed in the Complaint or for any other aim or relief requested by the Plaintiff. You may lose money or property or other rights iportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & 3RENNEMAN, F.C Date: June 28, 2007 . SNELBAKER & BRENNEMAN, P.C. By A rney or Plaintiff MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff vs. L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 07- 370 6 IN REPLEVIN COMPLAINT AND NOW, comes the Plaintiff, MARVIN WINDOW & DOOR SHOWPLACE, INC., by its attorneys, Snelbaker & Brenneman, P.C., and avers the following causes of action: BACKGROUND 1. The Plaintiff is Marvin Window & Door Showplace, Inc., a corporation, having its offices at 1261 Claremont Road, Carlisle (Middlesex Township), Cumberland County, Pennsylvania 17015. 2. Defendant L & K RESTORATIONS, LLC, (hereinafter called "Defendant L & K") is a limited liability company, having its principal place of business at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania 17241. 3. Defendants LEROY K. GORDON and KAREN E. GORDON are adult individuals, husband and wife, who reside at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania 17257. 4. Plaintiff is in the business of selling, installing, restoring and replicating windows and doors, frames and allied materials in new and existing buildings. LAW OFFICES SNELBAKER & SRENNEMAN, P.C. 5. Defendant Leroy K. Gordon was an employee of Plaintiff until he resigned from employment on May 31, 2007. Defendant Gordon was Plaintiff's project manager on commercial projects and had intimate knowledge of Plaintiff's contracts with its customers. 6. At all times relevant hereto, Defendant L & K operated a business which replicates and restores wooden window sash, doors, frames and moldings to meet historical requirements, and prefinishes or paints interiors of windows and doors prior to installation. 7. At all times relevant hereto, Defendant Leroy K. Gordon was the principal member and representative of and for Defendant L & K in its dealings with Plaintiff. 8. Defendant L & K performed restoration, replication and prefinishing services for Plaintiff as a subcontractor in Plaintiff's projects with its customers. 9. All contracts between Plaintiff and Defendant L & K were oral and consisted of the following background, terms and courses of dealings: A. When Plaintiff bid a contract which included restoration and/or replication of wooden windows, doors, frames and/or moldings, Defendant Leroy K. Gordon in his dual capacity as Plaintiff's employee and principal of Defendant L & K, inspected the project and submitted a subcontract bid price to Plaintiff. B. When Plaintiff was the successful bidder on restoration and replication projects, Plaintiff removed the windows, doors, frames and moldings which required restoration and/or replication and delivered them to Defendant L & K for performance of its work at its place of business: 1120 Greenspring Road, Newville (North Newton Township), Pennsylvania. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C. As Defendant L & K completed its work, Plaintiff would retrieve the completed units and return them to the project site for installation. 2 D. Defendant L & K periodically billed Plaintiff for its work and Plaintiff remitted payment to Defendant L & K. The billings submitted by Defendant L & K were not necessarily related to completed units of work. E. There was no requirement that Plaintiff's payment was a condition precedent to removing the completed units for return to the project sites. From the inception of their course of dealings, Defendant L & K waived any right of possessory lien. 10. At all times relevant hereto, Plaintiff was entitled to lawful possession of the various windows, doors, frames and moldings removed from the various projects with the owners' consents through the general contractors to whom Plaintiff was a sub-contractor. 11. On May 31, 2007, Defendant Leroy K. Gordon submitted to Plaintiff his written resignation as an employee and informed Plaintiff to not enter upon Defendant L & K's business premises. 12. On May 31, 2007, and at all times thereafter, Defendant L & K has retained physical possession of various materials received under contract with Plaintiff (as more fully averred hereinbelow), which said Defendant has failed and refused to return to or make available to Plaintiff, in violation of its contract with Plaintiff. 13. During the month of May, 2007, Defendant Leroy K. Gordon took possession of certain property owned by Plaintiff to which said Defendant had no right of possession (See Count I below), which Defendant has failed to return to Plaintiff. 14. On or about June 11, 2007, Defendant Leroy K. Gordon and Defendant L & K LAW OFFICES SNELBAKER & made demand upon Plaintiff through its attorneys for payment via two checks: BRENNEMAN, P.C. 11 A. A check for alleged unpaid wages, alleged unpaid vacation pay, alleged unreimbursed expenses and alleged commissions due Defendant Leroy K. Gordon, and B. A check for alleged unpaid work invoices due Defendant L & K; and advised of the exercise of a possessory lien as follows: "Please forward these two (2) checks payable as requested above, to me at the above listed Waynesboro address within two (2) weeks of the date of this letter. Our receipt and clearing of these funds in a timely manner will ensure a rapid and amicable resolution of this situation so that all parties can move forward. If we do not receive the funds as request's, Mr. Gordon and L & K Restorations will have no choice but to move forward with appropriate legal action. In the meantime, L & K Restorations will maintain possession of all work product, and all other Marvin Window & Door Showplace products currently stored at the warehouse until these sums have been paid. You are hereby advised that you or your employees may not enter onto property owned by L & K Restorations or by Leroy Gordon. Any such entry upon private property will be treated as a trespass and will be prosecuted to the full extent of the law." 15. Plaintiff needs the "work product and all other Marvin Window & Door Showplace products" detained by Defendant L & K and Defendant Leroy K. Gordon in order to fulfill its obligations to its customers. 16. By letters dated June 18, 2007, and June 25, 2007, from Plaintiff's attorneys to Defendants' attorney, demand was made for release of possession of all materials held by all Defendants. 17. The Defendants have failed and refused to release and deliver possession of the LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. materials to Plaintiff. 18. The subject personal property materials as more fully described hereinbelow are physically located at either or both of the following locations: 4 A. The place of business of Defendant L & K at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania, and/or B. The residence of Defendants Leroy K. Gordon and Karen E. Gordon at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 19. Defendants Leroy K. Gordon and Karen E. Gordon have no right to possession of any of the subject personal property materials. 20. By refusing to release the subject personal property materials, Defendant L & K has failed and refused to perform its duties under its contracts with Plaintiff and is in breach thereof. COUNTI Plaintiff v. Defendant L & K and Defendant Leroy K. Gordon (Lorton Arts Foundation Project) 21. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto. 22. On or about January 9, 2007, Plaintiff entered into a contract with B E & K Building Group, the general contractor for restoration of a former historical prison owned by Lorton Arts Foundation to provide new replacement windows and to replicate and/or restore existing windows, doors and frames ("Lorton Project") 23. On or about January 9, 2007, Defendant L & K entered into an oral contract with Plaintiff to provide the restoration and replication work of the windows, doors and frames. 24. In breach of the parties' contract, defendant L & K and Defendant Leroy K. LAW OFFICES SNELSAKER & BRENNEMAN, P.C. Gordon refused to release possession of the following items/materials entrusted to Defendant L & K for restoration and various items for replication: A. 23 pairs of wooden double hung window sash (approximately 3'5" x 7; 13/4" thick; divided 12/12 lights). B. Various dimensions and quantities of mahogany interior window casings, window stools and sash bead. C. Approximately 20 window frames and sills for windows in ¶ A. above. D. A complete exterior door system consisting of door, side-lights and frame. E. A replicated door and frame, with architectural plans/drawings. F. Frame and sash parts for replication. 25. Plaintiff is entitled to possession of the foregoing items/material by permission of the owner by virtue of Plaintiff's contract with the owner's general contractor. 26. Defendant L & K has wrongfiilly asserted a possessory lien on the above I mentioned items/materials in violation of its contract with Plaintiff as averred above and, in any I event, having waived any such lien by the parties' custom, practice and course of dealing. 27. Defendant Leroy K. Gordon has no personal right of lien by contract, law or otherwise. 28. The items/materials described above are historically unique and significant, and are required by Plaintiff in-kind for its fulfillment of its contract with the owner's general contractor. 29. Plaintiff has demanded return of the subject items/materials as averred in I LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. paragraph 16 above, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. 30. The value of the subject items/materials is $19,500.00. 6 WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the items/materials averred in paragraph 24 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said items/materials; C. The costs of this action; and D. Such other and further relief as the Court shall determine to be just and proper. COUNT II Plaintiff v. Defendant L & K and Defendant Leroy K. Gordon (Rockville Town Center Project) 31. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto as though set forth in full. 32. During the years 2005 and 2006, Plaintiff and Defendant L & K entered into and performed four oral contracts for refinishing work in connection with Plaintiff's contracts to provide new windows and doors at a project in Rockville, Maryland, known as the "Rockville Town Center Project". 33. In the course of said performance, Defendant L & K received a quantity of new replacement window sash and accumulated a quantity of new, left-over window and door materials owned by Plaintiff. 34. Defendant L & K has wrongfully asserted a possessory lien on the above LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. mentioned items/materials in violation of its contracts with Plaintiff as averred above and, in any event, having waived any such lien by the parties' custom, practice and course of dealing. 35. Defendant Leroy K. Gordon has no personal right of lien by contract, law or otherwise. 36. Plaintiff has demanded return of said excess materials as averred in paragraph 16 hereinabove, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. 37. The value of the subject items is $2,500.00. WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the materials described in paragraph 33 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. COUNT III (In the alternative) Plaintiff v. Defendant L & K and Defendants Leroy K. and Karen E. Gordon 38. The averments contained in paragraphs 1 through 37 hereinabove are incorporated herein by reference thereto as though set forth in full. 39. Based upon information received, which Plaintiff believes to be true and correct, LAW OFFICES SNELBAKER & 3RENNEMAN, F.C. some or all of the personal property sought to be recovered in Counts I and II above has been removed from the premises of L & K Restorations LLC to the residence of Defendants Leroy K. 8 Gordon and Karen E. Gordon located at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 40. Defendants Leroy K. and Karen E. Gordon have no right to hold, possess, retain or detain any of the items being the subject matter of this proceeding. 41. Demand has been made on behalf of the Plaintiff for relinquishment of possession of said personal property and delivery thereof to Plaintiff as averred in paragraph 16 hereinabove. Defendants have failed and refused to relinquish possession and deliver the property to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants Leroy K. Gordon and Karen E. Gordon for: A. The return of all personal property demanded in Counts I and II above; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. SNELBAKER & BRENNEMAN, P.C. By LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. `RichktT. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff 9 VERIFICATION I, ROBERT L. SLAGLE, do hereby certify that I am the President of Marvin Window & Showplace, Inc., the Plaintiff in the foregoing Complaint, that the facts in the foregoing Complaint within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 r,940ng to unsworn falsification to authorities. S Dated: June 28, 2007 LAW OFFICES SNELBAKER & RENNEMAN, P.C. MARVIN WINDOW & DOOR IN THE COURT OF COMMON PLEAS OF SHOWPLACE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW '-? ?T. 0 -n L & K RESTORATIONS, LLC, "= LEROY K. GORDON and KAREN E. NO: C17- 37 0(6 = r-+5 T o GORDON, rv - Defendants IN REPLEVIN o" .I MOTION FOR WRIT OF SEIZURE :- 1 TO THE HONORABLE, THE JUDGES O F SAID COURT: . - AND NOW, comes the Plaintiff, Marvin Window & Door Showplace, Inc., by its attorneys, Snelbaker & Brenneman, P.C., and requests the issuance of a Writ of Seizure upon notice and hearing pursuant to Pa. R.C.P. 1075.1 as follows: Plaintiff has filed its Complaint in this action of replevin on June 28, 2007, a true and correct copy of which is attached hereto and incorporated herein by reference thereto. The basis of Plaintiffs claim against Defendants is set forth in said Complaint. 2. Plaintiff seeks to recover from the above named Defendants the items of personal property as more specifically identified in Counts I and II of said Complaint and elects to proceed pursuant to Pa. R.C.P. 1075.1. WHEREFORE, pursuant to Pa. R.C.P. 1075. 1, Plaintiff respectfully requests the Court to: A. Fix a hearing to determine the probable validity of Plaintiffs claim; B. Fix the amount of the bond; and C. Order the issuance of a Writ of Seizure for the items of personal property identified in the Complaint. Respectfully submitted, SNELBAK & BRENNEMAN, P.C. By aQ ?r ? - LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. 'Ricftm'd C. Snelbaker, Esquire 44 West Main Street (717) 697-8528 Mechanicsburg, PA 17055 Attorneys for Plaintiff Dated: June 28, 2007 ,VIN WINDOW & DOOR WPLACE, INC., Plaintiff VS. & K RESTORATIONS, LLC, 3ROY K. GORDON and KAREN E. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: ?) 7- 37ara IN REPLEVIN NOTICE` {-- -? L & K Restorations, LLC, cx? Leroy K. Gordon and Karen E. Gordon Defendants You have been sued in court. If you wish to defend against the claims ?sit foi ine flowing pages, you must take action within twenty (20) days after this Complaint and Notice e served, by entering a written appearance personally or by attorney and filing in writing with e Court your defenses or objections to the claims set forth against you. You are warned that if )u fail to do so, the case may proceed without you and a judgment may be entered against you the Court without further notice for any money claimed in the Complaint or for any other aim or relief requested by the Plaintiff. You may lose money or property or other rights iportant to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL LP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 LAW OFFICES SNELBAKER & Date: June 28, 2007 3RENNEMAN, RC. SNELBAKER & BRENNEMAN, P.C. By A rney or Plaintiff MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 07- 370 6 IN REPLEVIN COMPLAINT AND NOW, comes the Plaintiff, MARVIN WINDOW & DOOR SHOWPLACE, INC., by its attorneys, Snelbaker & Brenneman, P.C., and avers the following causes of action: BACKGROUND The Plaintiff is Marvin Window & Door Showplace, Inc., a corporation, having its offices at 1261 Claremont Road, Carlisle (Middlesex Township), Cumberland County, Pennsylvania 17015. 2. Defendant L & K RESTORATIONS, LLC, (hereinafter called "Defendant L & K") is a limited liability company, having its principal place of business at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania 17241. 3. Defendants LEROY K. GORDON and KAREN E. GORDON are adult individuals, husband and wife, who reside at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania 17257. 4. Plaintiff is in the business of selling, installing, restoring and replicating windows and doors, frames and allied materials in new and existing buildings. LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. Defendant Leroy K. Gordon was an employee of Plaintiff until he resigned from employment on May 31, 2007. Defendant Gordon was Plaintiff's project manager on commercial projects and had intimate knowledge of Plaintiff's contracts with its customers. 6. At all times relevant hereto, Defendant L & K operated a business which replicates and restores wooden window sash, doors, frames and moldings to meet historical requirements, and prefinishes or paints interiors of windows and doors prior to installation. 7. At all times relevant hereto, Defendant Leroy K. Gordon was the principal member and representative of and for Defendant L & K in its dealings with Plaintiff. 8. Defendant L & K performed restoration, replication and prefinishing services for Plaintiff as a subcontractor in Plaintiff's projects with its customers. 9. All contracts between Plaintiff and Defendant L & K were oral and consisted of the following background, terms and courses of dealings: A. When Plaintiff bid a contract which included restoration and/or replication of wooden windows, doors, frames and/or moldings, Defendant Leroy K. Gordon in his dual capacity as Plaintiff's employee and principal of Defendant L & K, inspected the project and submitted a subcontract bid price to Plaintiff. B. When Plaintiff was the successful bidder on restoration and replication projects, Plaintiff removed the windows, doors, frames and moldings which required restoration and/or replication and delivered them to Defendant L & K for performance of its work at its place of business: 1120 Greenspring Road, Newville (North Newton Township), Pennsylvania. LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. C. As Defendant L & K completed its work, Plaintiff would retrieve the completed units and return them to the project site for installation. 2 D. Defendant L & K periodically billed Plaintiff for its work and Plaintiff remitted payment to Defendant L & K. The billings submitted by Defendant L & K were not necessarily related to completed units of work. E. There was no requirement that Plaintiff's payment was a condition precedent to removing the completed units for return to the project sites. From the inception of their course of dealings, Defendant L & K waived any right of possessory lien. 10. At all times relevant hereto, Plaintiff was entitled to lawful possession of the various windows, doors, frames and moldings removed from the various projects with the owners' consents through the general contractors to whom Plaintiff was a sub-contractor. 11. On May 31, 2007, Defendant Leroy K. Gordon submitted to Plaintiff his written resignation as an employee and informed Plaintiff to not enter upon Defendant L & K's business premises. 12. On May 31, 2007, and at all times thereafter, Defendant L & K has retained physical possession of various materials received under contract with Plaintiff (as more fully averred hereinbelow), which said Defendant has failed and refused to return to or make available to Plaintiff, in violation of its contract with Plaintiff. 13. During the month of May, 2007, Defendant Leroy K. Gordon took possession of certain property owned by Plaintiff to which said Defendant had no right of possession (See Count I below), which Defendant has failed to return to Plaintiff. 14. On or about June 11, 2007, Defendant Leroy K. Gordon and Defendant L & K LAW OFFICES SNELBAKER & made demand upon Plaintiff through its attorneys for payment via two checks: BRENNEMAN, F.C. 11 A. A check for alleged unpaid wages, alleged unpaid vacation pay, alleged unreimbursed expenses and alleged commissions due Defendant Leroy K. Gordon, and B. A check for alleged unpaid work invoices due Defendant L & K; and advised of the exercise of a possessory lien as follows: "Please forward these two (2) checks payable as requested above, to me at the above listed Waynesboro address within two (2) weeks of the date of this letter. Our receipt and clearing of these funds in a timely manner will ensure a rapid and amicable resolution of this situation so that all parties can move forward. If we do not receive the funds as request's, Mr. Gordon and L & K Restorations will have no choice but to move forward with appropriate legal action. In the meantime, L & K Restorations will maintain possession of all work product, and all other Marvin Window & Door Showplace products currently stored at the warehouse until these sums have been paid. You are hereby advised that you or your employees may not enter onto property owned by L & K Restorations or by Leroy Gordon. Any such entry upon private property will be treated as a trespass and will be prosecuted to the full extent of the law." 15. Plaintiff needs the "work product and all other Marvin Window & Door Showplace products" detained by Defendant L & K and Defendant Leroy K. Gordon in order to fulfill its obligations to its customers. 16. By letters dated June 18, 2007, and June 25, 2007, from Plaintiff's attorneys to Defendants' attorney, demand was made for release of possession of all materials held by all Defendants. 17. The Defendants have failed and refused to release and deliver possession of the LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. materials to Plaintiff. 18. The subject personal property materials as more fully described hereinbelow are physically located at either or both of the following locations: 4 A. The place of business of Defendant L & K at 1120 Greenspring Road, Newville (North Newton Township), Cumberland County, Pennsylvania, and/or B. The residence of Defendants Leroy K. Gordon and Karen E. Gordon at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 19. Defendants Leroy K. Gordon and Karen E. Gordon have no right to possession of any of the subject personal property materials. 20. By refusing to release the subject personal property materials, Defendant L & K has failed and refused to perform its duties under its contracts with Plaintiff and is in breach thereof. COUNTI Plaintiff v. Defendant L & K and Defendant Leroy K. Gordon (Lorton Arts Foundation Project) 21. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto. 22. On or about January 9, 2007, Plaintiff entered into a contract with B E & K Building Group, the general contractor for restoration of a former historical prison owned by Lorton Arts Foundation to provide new replacement windows and to replicate and/or restore existing windows, doors and frames ("Lorton Project") 23. On or about January 9, 2007, Defendant L & K entered into an oral contract with Plaintiff to provide the restoration and replication work of the windows, doors and frames. 24. In breach of the parties' contract, defendant L & K and Defendant Leroy K. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. Gordon refused to release possession of the following items/materials entrusted to Defendant L & K for restoration and various items for replication: 5 A. 23 pairs of wooden double hung window sash (approximately Y5" x 7; 13/4" thick; divided 12/12 lights). B. Various dimensions and quantities of mahogany interior window casings, window stools and sash bead. C. Approximately 20 window frames and sills for windows in ¶ A. above. D. A complete exterior door system consisting of door, side-lights and frame. E. A replicated door and frame, with architectural plans/drawings. F. Frame and sash parts for replication. 25. Plaintiff is entitled to possession of the foregoing items/material by permission of the owner by virtue of Plaintiff's contract with the owner's general contractor. 26. Defendant L & K has wrongfully asserted a possessory lien on the above mentioned items/materials in violation of its contract with Plaintiff as averred above and, in any event, having waived any such lien by the parties' custom, practice and course of dealing. 27. Defendant Leroy K. Gordon has no personal right of lien by contract, law or otherwise. 28. The items/materials described above are historically unique and significant, and are required by Plaintiff in-kind for its fulfillment of its contract with the owner's general contractor. 29. Plaintiff has demanded return of the subject items/materials as averred in LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. paragraph 16 above, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. 30. The value of the subject items/materials is $19,500.00. 6 WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the items/materials averred in paragraph 24 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said items/materials; C. The costs of this action; and D. Such other and further relief as the Court shall determine to be just and proper. COUNT II Plaintiff v. Defendant L & K and Defendant Leroy K. Gordon (Rockville Town Center Project) 31. The averments contained in paragraphs 1 through 20 hereinabove are incorporated herein by reference thereto as though set forth in full. 32. During the years 2005 and 2006, Plaintiff and Defendant L & K entered into and performed four oral contracts for refinishing work in connection with Plaintiff's contracts to provide new windows and doors at a project in Rockville, Maryland, known as the "Rockville Town Center Project". 33. In the course of said performance, Defendant L & K received a quantity of new replacement window sash and accumulated a quantity of new, left-over window and door materials owned by Plaintiff. 34. Defendant L & K has wrongfully asserted a possessory lien on the above LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. mentioned items/materials in violation of its contracts with Plaintiff as averred above and, in any event, having waived any such lien by the parties' custom, practice and course of dealing. 7 35. Defendant Leroy K. Gordon has no personal right of lien by contract, law or otherwise. 36. Plaintiff has demanded return of said excess materials as averred in paragraph 16 hereinabove, which demand Defendant L & K and Defendant Leroy K. Gordon have failed and refused to honor. 37. The value of the subject items is $2,500.00. WHEREFORE, Plaintiff requests judgment against Defendant L & K and Defendant Leroy K. Gordon for: A. The return of the materials described in paragraph 33 hereinabove; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. COUNT III (In the alternative) Plaintiff v. Defendant L & K and Defendants Leroy K. and Karen E. Gordon 38. The averments contained in paragraphs 1 through 37 hereinabove are incorporated herein by reference thereto as though set forth in full. 39. Based upon information received, which Plaintiff believes to be true and correct, LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. some or all of the personal property sought to be recovered in Counts I and II above has been removed from the premises of L & K Restorations LLC to the residence of Defendants Leroy K. 8 Gordon and Karen E. Gordon located at 186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania. 40. Defendants Leroy K. and Karen E. Gordon have no right to hold, possess, retain or detain any of the items being the subject matter of this proceeding. 41. Demand has been made on behalf of the Plaintiff for relinquishment of possession of said personal property and delivery thereof to Plaintiff as averred in paragraph 16 hereinabove. Defendants have failed and refused to relinquish possession and deliver the property to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendants Leroy K. Gordon and Karen E. Gordon for: A. The return of all personal property demanded in Counts I and II above; B. All monetary losses sustained by Plaintiff because of Defendants' wrongful detention of said materials; C. The costs of this action; and D. Such other and further relief as the Court may determine to be just and proper. SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER & 3RENNEMAN, P.C. By ich C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff 9 VERIFICATION I, ROBERT L. SLAGLE, do hereby certify that I am the President of Marvin Window & Showplace, Inc., the Plaintiff in the foregoing Complaint, that the facts in the foregoing Complaint within my personal knowledge are true and correct and that with regard to facts received from others, I believe to be true and correct. I understand that any false statements made herein are subject to the penalties of 18 PA C.S. §4904 r?,lat?ng to unsworn falsification to authorities. Dated: June 28, 2007 ICES Eft & v. P.C. .VIN WINDOW & DOOR NPLACE, INC., Plaintiff VS. & K RESTORATIONS, LLC, :ROY K. GORDON and KAREN E. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE?NSUVAJA CIVIL ACTION - LAW C-). NO: d 7 - 3906 ~cz` -q; ' iz O rn IN REPLEVIN_ yy `..2 ca ORDER OF COURT NOW, this ;?k- day of June, 2006, upon consideration of Plaintiff's Motion for rit of Seizure, a hearing thereon, pursuant to Pa. R.C.P. 1075.1 is fixed for the a? m4 of 2007, at 3o o'clock, P M., E.D.S.T., in Court Room 0.-1 of the Cumberland County Courthouse at Carlisle. Pennsylvania. Notice of said hearing shall be served on Defendants in accordance with said Rule 1075.1 less than twenty-four hours before said hearing. BY THE COURT, 115t J. (4,-51 4 UI Pt. uY. J. AW OFFICES 4ELBAKER & VNEMAN, RC S C'> ? ri c .. ? ..._, .-? ? ?_ ? ? . 1 . - - ? ?,,,? ? - , ? ? ? ? _ _ .. ,. .., _._ ?: ., , `' si , ` ? a ?.: ?r " s .; v til JUN 28 2001 VIN WINDOW & DOOR dVPLACE, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. :NO: 07- 3906 GORDON, Defendants : IN REPLEVIN ORDER OF COURT AND NOW, this 2?s day of June, 2006, upon consideration of Plaintiff's Motion for Writ of Seizure, a hearing thereon, pursuant to Pa. R.C.P. 1075.1 is fixed for the 212d day of , 2007, at Z,"50 o'clock, M., E.D.S.T., in Court Room No. of the Cumberland County Courthouse at Carlisle. Pennsylvania. Notice of said hearing shall be served on Defendants in accordance with said Rule 1075.1 not less than twenty-four hours before said hearing. BY THE COURT, J. LAW OFFICES SNELBAKER & BRENNEMAN, P.C. lye '-?ry??r?? t t Lit 8Z i?t' L111 c MARVIN WINDOW & DOOR : IN THE COURT OF COMMON PLEAS OF SHOWPLACE, INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. L & K RESTORATIONS, LLC, : CIVIL ACTION - LAW LEROY K. GORDON and KAREN E. : NO: 07-3906 GORDON, Defendants : IN REPLEVIN REPLEVIN BOND KNOW ALL MEN BY THESE PRESENTS, that we, LIGHTSTYLES, LTD., and Plaintiff, MARVIN WDWW & DOOR SHOWPLACE, INC., as Principals, and PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a Pennsylvania corporation of Harrisburg, Pennsylvania, as surety, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of Eighty-eight Thousand and No/I 00 ($88,000.00) Dollars, lawful money of the United States of America for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 3RD day of JULY , 2007. WHEREAS, pursuant to Order of Court dated July 2, 2007, Plaintiff is entitled to possess certain goods and chattels from the Defendants, conditioned upon posting bond in the amount of 588,000,00 pursuant to Pennsylvania Rules of Civil Procedure No. 1075.3; NOW, the condition of the foregoing is such, that if the said Plaintiff fails to maintain the right of possession of the property, the Plaintiff shall pay to the party entitled thereto the value of the property and all legal costs, fees and damages sustained by reason of said Order of Court or w +% by the issuance of writ of seizure, then this obligation to be void, otherwise to remain in full force and virtue. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY hereby submits itself to the jurisdiction of the court and irrevocably appoints the clerk of the Court as its agent upon whom any papers affecting its liability on this bond may be served; and, PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY further agrees that its liability as surety herein may be enforced on motion without the necessity of an independent action which motion and such notice of motion as the court prescribes may be served on the clerk of the court who shall forthwith mail copies to PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY at 2 North Second Street, Harrisburg, PA 17101 LTA. By MARVIN V/R1 MW & I10OR SHOWPLACE, INC. By, SURETY: PENNSYLVANIA, NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Attorney-in-Fact ALSON 0. WOLCOTT, JR. PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY Harrisburg, Pennsylvania POWER OF ATTORNEY Know All Men By these Presents, That PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania, does hereby make, constitute and appoint JOSEPH G. BUYAKOWSKI, JAMES R. GOULD, ALSON O. WOLCOTT JR. AND EDWARD L. JAMES, ALL OF CAMP H] PENNSYLVANIA (EACH) its true and lawful Attorney(s)-in-Fact to make, execute, seal and deliver for and on its behalf as surety as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS PROVIDED THE AMOUNT OF NO ONE BOND OR UNDERTAKING -- EXCEEDS THE SUM OF TWO MILLION DOLLARS ($2,000,000.00)----------- ----------------------------------------- ----------- -------------------------- ALL POWER AND AUTHORITY HEREBY CONFERRED SHALL HEREBY EXPIRE AND TERMINATE WITHOUT NO' AT MIDNIGHT OF THE 31sT DAY OF JULY 2010, AS RESPECTS EXECUTION SUBSEQUENT THERETO. And the execution of such bonds in pursuance of these presents shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Harrisburg Pennsylvania, in their own proper persons. This appointment is made by and under the authorization of a resolution adopted by the Board of Directors of the Company on October 24, 1973 at Harrisburg, Pennsylvania, which resolution is shown on the reverse side hereof and is now in full force and e In Witness Whereof- PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY has caused these presents to be signed and its corporate seal to be affixed on JULY 26, 2005 PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMP. ' s Commonwealth of Pennsylvania, County of Dauphin - ss: 4?4? ?`? Kenneth R. Shutts, Executive Vice-President, Secretary & General On JULY 26, 2005, before me appeared Kenneth R. Shutts to me personally known, who being by me duly sworn, did say that 1 resides in the Commonwealth of Pennsylvania, that he is Executive Vice-President, Secretary & General Counsel of PENNSYLV. NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, That he is the individual described in and who executed the preceding instrument, and that the seal affixed on said instrument is the corporate seal of said Company, and that said instrument signed and sealed on behalf of said Company by authority and direction of said Company, and the said office acknowledged said instrument to be the free act and deed of said Company. Notary Public Notarial Seal Commonwealth of Pennsylvania, County of Dauphin - ss: Jacqueline A. Ellis, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Dec. 19, 2005 Member, Pennsylvania Association of Notaries I, Michael F. Greer, Vice President, Surety & Fidelity of the PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSUR COMPANY, a corporation of the Commonwealth of Pennsylvania, do hereby certify that the above and foregoing is a true and copy of a Power of Attorney, executed by the said Company, which is still in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the IMPORTANT NOTICE: This border must be RED in color. If it is not orp r f s C mp on ?/ 6u 'Vi Presi en Sur elity this is not a cert' ed c eleohone us at Area Code 717-255-6870. ? 78-190 (Rev 05/02) --,,- L??7 t • V paxtju 911unuuuz g2nog4 su laaga puu aaaoj ouzus aril gltm Suuduzoo agl uodu 2uiputq PUP ptjun aq of `Auuduioo agi 3o tuas juuL2i zo aql puu zaai• jo gans 3o aanluu2ts Iuur2tao aql su Auuduzoo aql Xq paldopu Xgaaag 2utaq `aaijuaaag ao aaojolaaaq iaglagm pasn os uagm jugs puu aan4uu2is gans `olaaagl polutaa ao joaaagl aaniuu agi ut uotlu2tigo ual -itam zoglo ao SItuuzaput jo laualuoa `aauuzzu2oaaa TutNulaapun 'puoq Suu jo uotlnaaxa agl ioj uanr2 uotluaUtiaaa ao Xauaollu jo aamod Xuu of ajtutisauj Sq paxtju aq Avut Ives Suuduioo aql puu ?Uu4aaoaS luulsissV IuauipudaQ ao faulaaaaS luulsissV Xuu jo ao zaa jo gans Xuu jo aanluu2ts agl (g) puu :,KuuduioD agl jo jl-e qaq uo sluasuoa puu saanzum alnaaxa of Siuoginu gltm laud-ut-s,KauaoliV puu `ssaaoad 3o aauuldaaau ioj siuaft, `suutpolsm Ioaluoa -lutof jo sluautluzoddu aql a3Ionaa puu lutoddu Auuz Suuduzoa agl jo saaag -jO gans jo Xuu (Z) puu !olaaagl palutaa ao 3oaaagl aanluu agl uz suotlu zigo ualltam aaglo puu XItuutaput jo siaualuoa `saauuzzuBoaaa `s2ulafovapun `spuoq `olaaagl tuas s,Xuuduioo aqi xTjju puu `Suuduzoo aqi 3o jIvigaq uo alnaaxa of puu `Xauaollu jo saamod anziaadsaa azagl ut paltuzzt ao pauUap su dltaoglnu puu aamod gitm s4ua2u ao laud-ut-sKauaoiiV `3o siuauziuzoddu agl 9310eaa of puu `lutoddu of aamod anuq IIvgs faulaaaaS IuautlaudaQ .Suu ao `faulaaaaS aql `luaptsaad aatn Xuu `luaptsaad aql (I) WT `QaA'IOSHH CL61 'f Z aagolaO uo Suudutoo aauuansul SlIvnsuo IunlnW IuuotiuN rtuvAIKsuuad jo saolaaatQ jo pauog aql Sq paldopu NOIZIl'IOSd'd MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO: 07-3906 IN REPLEVIN APPROVAL OF BOND SECURITY Pursuant to Pa. R.C.P. 1075.3, I hereby approve the security (surety) of the bond submitted by the Plaintiff this date and direct that said bond be filed. IN WITNESS WHEREOF, I hereby set my hand and official seal of my office this day of July, 2007. J (SEAL) LAW OFFICES SNEL13AKER & BRENNEMAN, P.C. is rn- w co e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MARVIN WINDOW & DOOR IN THE COURT OF COMMON PLEAS OF SHOWPLACE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. NO: 07-3906 GORDON, Defendants IN REPLEVIN WRIT OF SEIZURE TO THE SHERIFF OF CUMBERLAND COUNTY: You are directed to seize the following property, being the subject matter of the above captioned action: 1. Property from Lorton Arts Foundation Project: (a) 23 pairs of wooden double hung window sash (approximately 3'5" x 7; 1%" thick; divided 12/12 lights). (b) Various dimensions and quantities of mahogany interior window casings, window stools and sash bead. (c) Approximately 20 window frames and sills for windows in ¶ (a) above. (d) A complete exterior door system consisting of door, side-lights and frame. (e) A replicated door and frame, with architectural plans/drawings (f) Frame and sash parts for replication. 2. Property from Rockville Town Center Project: LAW OFFICES SNELBAKER & (a) Excess replacement window sash and accumulated quantity of new, BRENNEMAN, P.c, left-over window and door materials. If the property is found in the possession of a person not already a defendant, you are LAW OFFICE6 SNELBAKER & BRENNEMAN, P.C. directed to add the person as a defendant, and notify the person that he or she has been added as a defendant and is required to defend the action. Date of Writ: July 3 , 2007 (SEAL) -2- ?"b '?,. tt? G.t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARVIN WINDOW & DOOR Civil Action - Law SHOWPLACE, INC., Plaintiff V. No. 07-3906 L&K RESOTRATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants In Replevin NOTICE TO PLEAD MCtfVi(? +7GvWLOdo? SrlaWfJICCL' /?nG.? r'(g TO: /1YY r.+'+?rotne Rap it & Engineeriny Inr Dcfnr+ll.+...t You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action 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 claims 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. LEGAL REFERRALS PA Bar Association Lawyer Referral Service (800) 692-7375 (PA only) (717) 238-6715 Americans with Disabilities Act of 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARVIN WINDOW & DOOR Civil Action - Law SHOWPLACE, INC., Plaintiff V. No. 07-3906 L&K RESOTRATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants In Replevin DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION FOR WRIT OF SEIZURE COME NOW the above named Defendants, by and through their undersigned attorney, and for their Answer to the Plaintiff's Motion for Writ of Seizure state to the Court as follows: 1. Admitted. 2. The Defendants admit that the Plaintiff seeks to recover the items set forth in the Complaint. For the reasons set forth in the attached Answer to the Complaint, the Defendants deny the Plaintiff's right to recovery. WHEREFORE, the Defendants respectfully request that the Court deny the Motion or, in the alternative, set the appropriate bond in the amount of $126,366.20 prior to ordering the Writ of Seizure. Respectfully submitted, Date: -71 z (0 7 Job, A James M. Stein, Attorney for Defendants Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 VERIFICATION I verify that the statements made in the foregoing pleading 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., Section 4904, relating to unsworn falsification to authorities. Date: Leroy K. Gordon, Defendant PROOF OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon counsel of record by depositing one (1) true and correct copy thereof in the United States Mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, PC 44 West Main Street Mechanicsburg, PA 17055-0318 Date: 7/2 /0 7 James M. Stein, Attorney for Defendants -2- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARVIN WINDOW & DOOR Civil Action - Law SHOWPLACE, INC., Plaintiff V. No. 07-3906 L&K RESOTRATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants In Replevin ANSWER & COUNTERCLAIM COME NOW the above named Defendants, by and through their undersigned attorney, and for their Answer and Counterclaim in the above captioned matter state to the Court as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9(A) Admitted. 9(B) Admitted. 9(C) Admitted. 9(D) Admitted in part and denied in part. The Defendants admit that L&K periodically billed Plaintiff for its work. The Defendants deny, however, that the billings were not necessarily related to completed units of work. Rather, the billings were for completed units of work. 9(E) Denied. Although the Defendants did allow the Plaintiff to remove completed units prior to payment, the Defendants deny that L&K ever waived any right of a possessory lien. Such an averment by the Plaintiff is a conclusion of law to which no answer is required. 10. Denied. Although the Plaintiffs were entitled to lawful possession of the materials as contracted for with the owners, the Plaintiffs are not entitled to lawful possession until they have satisfied the Defendants' possessory lien. 11. Admitted. 12. Admitted in part and denied in part. Defendant L&K has retained physical possession of the various materials received from the Plaintiff. The Defendants deny, however, that the Defendants have refused to return them or make them available. Rather, the Defendants have informed the Plaintiff that the goods will be available as soon as the bills are paid. 13. Denied for the reasons set forth in Paragraph 12 above. 14. Admitted. By way of further answer, the demand for a check for unpaid invoices due to L&K Restorations is in the amount of $540,703.65. 15. Admitted. 16. Admitted. 17. Admitted. By way of further answer, as set forth above, the Defendants have offered to release the goods in exchange for the amount due. In the alternative, the Defendants have -2- offered to release the goods in exchange for the amount due being placed in escrow until the matter can be resolved. 18. Admitted. 19. Denied. Defendants Leroy K. Gordon and Karen E. Gordon have a right to possession of the property as owners of Defendant L&K Restorations. 20. Denied. Defendants are entitled to be paid before releasing the materials. Count I - Lorton Arts Foundation Project 21. No answer required. 22. Defendants can neither admit nor deny the allegations contained in Paragraph 22 because the information is within the sole control of the Plaintiff. By way of further answer, the Defendants admit that the Plaintiff has been working on a Lorton Arts Foundation project. 23. Admitted. 24. Denied. Defendants have not refused to release the materials. The Defendants will release the materials when payment is made or an appropriate bond is filed. Further, Defendants deny having ever had possession of the items listed in Paragraph 24(B). 25. Admitted in part and denied in part. Plaintiff s entitlement to possession is a matter of law which requires no answer. If an answer is required, the Defendants deny that the Plaintiffs possessory interest is any greater than that of Defendants. The Defendants deny that the Plaintiff is entitled to possession from the Defendants until the Plaintiff pays the amounts owed, or file a bond therefor. -3- 26. Denied. The Defendants have a valid possessory lien on the items in question, which lien has not been waived. 27. Admitted. 28. Admitted. 29. Admitted in part and denied in part. The Defendants admit that demand has been made. The Defendants deny, however, that they have refused to honor the demand. Rather, they have informed the Plaintiffs that they will honor the demand upon payment. 30. Denied. The value of the subject materials, as enhanced by the work of the Defendants, equals $40,324.25. WHEREFORE, the Defendants respectfully request that the Court: (A) Deny the Plaintiff s request and dismiss the Complaint; (B) In the alternative, require the Plaintiffs to file a bond in the amount of $80,648.50, pursuant to Pennsylvania Rule of Civil Procedure 1075.3; (C) Enter judgment against the Plaintiffs for the costs of this action; and (D) Such other relief as the Court deems just and equitable in the premises. Count H - Rockville Town Center Project 31. No answer necessary. 32. Admitted. 33. Admitted. -4- 34. Denied. As set forth above, the Defendants have a valid possessory lien on these materials based on work done on the materials and for the cost of storage. The Defendants have not waived the lien in any way. 35. Admitted. 36. Admitted in part and denied in part. The Defendants admit that the Plaintiff has made the demand. The Defendants deny, however, that they have refused to honor the demand. Rather, the Defendants have informed the Plaintiff that they will honor the demand when payment is made. 37. Denied. The value of the products, enhanced by the Defendants' labor and storage costs, equals $22,858.85. WHEREFORE, the Defendants respectfully request that the Court: (A) Deny the Plaintiff s request and dismiss the Complaint; (B) In the alternative, require the Plaintiff to file a bond in the amount of $45,717.70 pursuant to Pennsylvania Rule of Civil Procedure 1075.3; (C) Enter judgment against the Plaintiff for the cost of the action; and (D) Grant such other relief as the Court deems just and equitable in the premises. Count III - In the Alternative 38. No response necessary. 39. Admitted. 40. Denied. Defendants Leroy K. Gordon and Karen E. Gordon have a right to possession as the owners of L&K Restorations. -5- 41. Admitted in part and denied in part. The Defendants admit that the Plaintiff has made the demand. The Defendants deny, however, that they have refused to honor the demand. Rather, the Defendants have informed the Plaintiff that they will release the materials once payment is made. WHEREFORE, the Defendants respectfully request that the Court: (A) Deny the Plaintiff's claim and dismiss the Complaint; (B) In the alternative, require a bond as requested in the Defendants' Answer to Counts I and II above; (C) Enter judgment against the Plaintiff for the costs of the action; and (D) Grant such other relief as the Court deems just and equitable in the premises. Counterclaim 1. - 41. Defendants hereby incorporate Paragraphs 1 through 41 above as if fully set forth herein. 42. As set forth in the Answer above, Defendant L&K Restorations has done substantial amounts of work on the materials in question. 43. The Defendants have made repeated demands on the Plaintiff for payment of sums related to these materials, and with regard to other work done by the Defendants, in the amount of $540,703.65. 44. Plaintiff has refused to make any payment toward the amount owed, including a refusal to make payment on work done to the materials associated with this lawsuit. -6- 45. As set forth above, Defendant L&K Restorations has a valid possessory lien on the materials. 46. If the Court releases the materials without entering judgment against the Plaintiff, or without requiring the proper amount of bond, the Plaintiff will deliver the goods outside of the jurisdiction, and the Defendant will have no adequate remedy. 47. The amounts due to the Defendants are as follows: (A) $40,324.25 for the Lorton job; and (B) $22,858.85 for the Rockville job. WHEREFORE, the Defendants respectfully request that the Court enter judgment in their favor and against the Plaintiff in the amount of $63,183.10 or, in the alternative, require the Plaintiff to file a bond in the amount of $126,366.20 prior to their replevy of the materials, along with the costs of this action, and such other relief as the Court deems just and equitable in the premises. Date: 7/Z /o Respectfully submitted, James M. Stein, Attorney for Defendants Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 -7- VERIFICATION I verify that the statements made in the foregoing pleading 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., Section 4904, relating to unsworn falsification to authorities. Date: 71Z / 7 x L r y K. ordo efendant PROOF OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon counsel of record by depositing one (1) true and correct copy thereof in the United States Mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, PC 44 West Main Street Mechanicsburg, PA 17055-0318 Date: 7/ 210 -7 Ozrpl-f f]- v1;1?1- James M. Stein, Attorney for Defendants -8- ? C_.. 4 ?-' -...J ?.r 1? ? `? `? r r?- _ .. Tt"j7?` T -? =ai r.. ? ? Y C?7 .. ?ti... ?? / ?, i ? .? ru ? i MARVIN WINDOW & DOOR, SHOWPLACE, INC., Plainitff V. L&K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 07-3906 IN REPLEVIN ORDER OF COURT AND NOW, this 2nd day of July, 2007, upon consideration of Plaintiff's Motion for Writ of Seizure and pursuant to an agreement reached in open court on this date in which Plaintiff was represented by Richard C. Snelbaker, Esquire, and Keith 0. Brenneman, Esquire, and Defendants were represented by James M. Stein, Esquire, it is ordered and directed as follows: 1. A Writ of Seizure is hereby granted subject to the following: A. Plaintiff or its parent company, Litestyles Limited, shall post a bond in the amount of $88,000 which amount is posted without prejudice to either party to have the Court determine the value of the property to be seized in the event there is a forfeiture of the bond. B. Possession of the subject property shall be released to Plaintiff at 8:00 a.m. on July 5, 2007, provided the bond is in place. If the bond is not in place by that time the parties through their counsel shall make other arrangements for release or possession. C. The property to be released or seized is as follows: 1. Property from Lorton Arts Foundation Project: (a) 23 pairs of wooden double hung windows sash (approximately 3 foot 5 inches by 7 foot; 1 and three-quarters inch thick; divided 12/12 lights). ,/? 1 (b) Various dimensions and quantities of mahogany interior window casings, window stools and sash bead. (c) Approximately 20 window frames and sills for the windows described in (a) above. (d) A complete exterior door system consisting of door, side-lights and frame. (e) A replicated door and frame, with architectural plans/drawings. (f) Frame and sash parts for replication. 2. Property from Rockville Town Center Project: (a) Excess replacement window sash and accumulated quantity of new, left-over window and door materials. By the Court, W e r, r., J. Richard C. Snelbaker, Esquire/-(2, ,FS ?ER.Sc+v? I Keith O. Brenneman, Esquire, C ?! Qrus,J For the Plaintiff James M. Stein, Esquire _,.. Cc?p rn at L?.r- For the Defendants I y pcb n -"L) i":' c' rn VIARVIN WINDOW & DOOR SHOWPLACE, INC., IN THE COURT OF COMMON PL> AS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION - LAW L & K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. NO: 07-3906 GORDON, Defendants IN REPLEVIN NOTICE TO PLEAD TO: L & K Restorations, LLC, Leroy K. Gordon and Karen E. Gordon Defendants You are hereby notified to file a written response to the enclosed Plaintiffs New Matter twenty (20) days from service hereof or a judgment may be entered against you. SNELBAKER & BRENNEMAN, P.C. By July 20, 2007 I ichard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff LAW OFFICES SNELBAKER & BRENNEMAN, P.C. MARVIN WINDOW & DOOR SHOWPLACE, INC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. & K RESTORATIONS, LLC, 3ROY K. GORDON and KAREN E. CIVIL ACTION - LAW : NO: 07-3906 Defendants IN REPLEVIN REPLY AND NEW MATTER PLAINTIFF'S REPLY TO DEFENDANTS' COUNTERCLAI11yI 1. - 41. Plaintiff denies all defensive affirmative averments not admitted in paragraphs 1 41 of Defendants' Answer to Complaint, and avers the facts contained in,the ending paragraphs of Plaintiff's Complaint in response thereto, all of which is herein by reference thereto. It is further averred that the relief sought in Defendants' im has been waived and made moot by Defendants' stipulation to the Order of this ourt entered on July 2, 2007. 42. It is denied that Defendant L & K Restorations has done substantial amounts of ork on the materials in question. On the contrary, said Defendant has breached its contract th Plaintiff by failing to complete the work on said materials, leaving substantial work completed, with Plaintiff's consequent considerable expense to have the work completed. 43. It is denied that Defendants have made "repeated demands" for pa?ment of the um of $540,703.65. On the contrary, Defendants' only demands for such payment occurred in I onnection with their attorney's letter of June 11, 2007, when they announced thid imposition of i LAW OFFICES unlawful possessory lien, for the outrageous amount of $540,703.65, without i1ndicating any SNELBAKER & BRENNEMAN, P.C. ount due for alleged work performed on the materials averred in Plaintiff's Complaint. i i LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 44. It is admitted that Plaintiff has refused to pay the outrageous amou4t demanded in Defendants' attorney's letter of June 11, 2007. By way of further response, it is averred (a) that Plaintiff regularly and promptly paid Defendants' invoices as submitted while Defendants were performing their contract(s) with Plaintiff, and (b) that Plaintiff believes that Defendants have billed and Plaintiff has paid more than Defendants are entitled to, and that Plaintiff is entitled to a substantial refund presently being investigated and computed. It is denied that Defendants are entitled to any payment for the materials associated with this lawsuit. On the contrary, it is averred that Defendant L & K Restorations has failed to perform its contracts concerning said materials and has forfeited any claim for incomplete work. 45. It is denied that Defendant L & K Restorations has a valid possessory lien on the materials. On the contrary, as also averred in paragraphs 9, 26 and 34 of Plaintiffs Complaint, it is averred that the parties' contracts provided no term for payment as a condition] precedent to return of materials and, in any event, Defendants waived any such lien by the patties' custom, practice and course of dealing. 46. The content of paragraph 46 of the Counterclaim is a series of conclusions of law, and speculative facts to which no response is required and, therefore, are deemed to be denied. If there are any well-pleaded facts in said paragraphs, they are denied and all the a*erments in Plaintiff's Complaint are incorporated herein by reference thereto in response to such averments. By way of further response, the Defendant has no right to a possessory lien unOr any circumstances for the reasons more fully set forth in paragraph 45 of this Reply.; 47. It is denied that Defendants are due the amounts alleged in parag?aph 47 of their Counterclaim. The averments are conclusions unsupported by facts and any cla m for such amounts should be stricken as failing to state a cause of action. It is further alle ed that 2 I Defendants have failed to perform their contractual obligations to Plaintiff with respect to the Lorton and Rockville jobs, thereby forfeiting their claim for damages. By way of further response, Plaintiff believes that Defendants have billed and Plaintiff paid more than Defendants are entitled to with respect to said jobs, and that Plaintiff is entitled to refunds presently being investigated and computed. The Defendants' Counterclaim should be denied for all the reasons set WHEREFORE, forth above, and further denied because the relief sought has been waived and made moot by the Defendants' stipulation to the Order of this Court entered on July 2, 2007. II NEW MATTER By way of further defense and response to Defendants' Counterclaim, Plaintiff avers the swing New Matter: 48. Defendants have waived the relief sought in their Counterclaim by stipulating to Order of this Court entered on July 2, 2007. 49. Defendants are estopped from obtaining the relief sought in their Counterclaim by ulating to the Order of this Court entered on July 2, 2007. 50. Defendants' claim for relief is barred by the Order of this Court entered on July 2, 17. 51. Defendants' Counterclaim fails to set forth any claim or cause of ?ction for which LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ief may be granted. 52. Plaintiff believes and, therefore, avers that it has paid Defendants) more than they entitled to for alleged completed work by reason of Defendants' excessive billing, for which 'laintiff is entitled to a refund, the amount of which is presently being investigated and ;omputed and claimed as a set-off herein. WHEREFORE, Plaintiff requests the Court to dismiss Defendants' Counterclaim and ,nter judgment thereon against Defendants and in favor of Plaintiff including the (refund averred in paragraph 52 above, together with interest and the costs of this action. SNELBAKER & BRENNEMAN, P.C. By _ Richard C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff July 20, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 4 VERIFICATION I, ROBERT L. SLAGLE, do hereby certify that I am the Vice-president of Marvin Window & Door Showplace, Inc., the Plaintiff in the foregoing Reply to Counterclaim and New , that the facts in the foregoing Complaint within my personal knowledge a true and t and that with regard to facts received from others, I believe to be true and correct. I that any false statements made herein are subject to the penalties of 1? PA C. S. relating to unsworn falsification to authorities. July 20, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I hereby certify that I am this date serving a true and correct copy of the whin Plaintiff's and New Matter upon the attorney for Defendants by sending the same by paid addressed as follows: James M. Stein, Esquire Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street (Suite 210) Waynesboro, PA 17268 kich5rd C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 Attorneys for Plaintiff : July 20, 2007 mail, LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ?? ? ....s {-? ?jsr' - _ ... ? _'3 __3 :..fi ...... ?..? . l;.'> "ti SHERIFF'S RETURN - REGULAR CASE NO: 2007-03906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARVIN WINDOW & DOOR SHOWPLACE VS L & K RESTORATIONS LLC ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon L & K RESTORATIONS LLC the DEFENDANT , at 1019:00 HOURS, on the 29th day of June 2007 at 1120 GREENSPRING ROAD NEWVILLE, PA 17241 by handing to ASHLEY GORDON, ADULT IN CHARGE a true and attested copy of COMPLAINT - REPLEVIN ORDER OF COURT, MOTION FOR WRIT OF SEIZURE together with NOTICE OF HEARING FOR SEIZURE OF PROPERTY and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 r% Service 30.72 f Affidavit .00 .f Surcharge 10.00 R. Thomas Kline .00 2110(s] ? 58. 72 07/02/2007 SNELBAKER & BRENNEMAN Sworn and Subscibed to By before me this day Deputy Sheriff of A.D. I SHERIFF'S RETURN - REGULAR CASE NO: 2007-03906 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARVIN WINDOW & DOOR SHOWPLACE VS L & K RESTORATIONS LLC ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon GORDON LEROY K the , at 1019:00 HOURS, on the 29th day of June , 2007 DEFENDANT at 1120 GREENSPRING ROAD a true and attested copy of COMPLAINT - REPLEVIN together with ORDER OF COURT, MOTION FOR WRIT OF SEIZURE, NOTICE OF HEARING FOR SEIZURE OF PROPERTY NEWVILLE, PA 17241 by handing to ASHLEY GORDON, SON, ADULT IN CHARGE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 i/1 a/b 7 9" 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 07/02/2007 SNELBAKER & BRENNEMAN By: di, z ? , Deputy Sheriff A. D. IV CASE NO: 2007-03906 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARVIN WINDOW & DOOR SHOWPLACE VS L & K RESTORATIONS LLC ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon GORDON KAREN E the DEFENDANT at 1019:00 HOURS, on the 29th day of June , 2007 at 1120 GREENSPRING ROAD NEWVILLE, PA 17241 by handing to ASHLEY GORDON, SON, ADULT IN CHARGE a true and attested copy of COMPLAINT - REPLEVIN ORDER OF COURT, MOTION FOR WRIT OF SEIZURE, NOTICE OF HEARING FOR SEIZURE OF PROPERTY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 nn 00 Y f to??? `7?" 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 07/02/2007 SNELBAKER & 13RENNEMAN By: < Deputy Sheriff A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff V. L&K RESTORATIONS, LLC, LEROY K. GORDON and KAREN E. GORDON, Defendants In Replevin PRAECIPE TO WITHDRAW APPEARANCE To the Prothonotary: Please withdraw my appearance as the attorney of record for the Defendants in the above captioned matter. The Defendants have retained new counsel. Respectfully submitted, Date: r?3 $ J a.." w A -k-LL- James M. Stein, Attorney for Defendants Dick, Stein, Schemel, Wine & Frey, LLP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 PA Bar No. 84026 PROOF OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon counsel of record by depositing one (1) true and correct copy thereof in the United States Mail, postage prepaid, addressed as follows: Richard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055 Date: 1)3 t ) o $ Civil Action - Law No. 07-3906 Leroy K. & Karen E. Gordon 186 Booz Road Shippensburg, PA 17257 3c"'. A. James M. Stein, Attorney for Defendants C'? C av . m c :'. w 21 OF T1-'F f-P r.at, i `;xRRY 2010 APP 21 Pfd 1: 12 PEiNJi?SYfvA: f-, MARVIN WINDOW & DOOR SHOWPLACE, INC. Plaintiff V. L&K RESTORATIONS, LLC, LEROY GORDON and KAREN E. GORDON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3906 CIVIL ACTION - LAW IN REPLEVIN PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the defendants, L&K Restorations, LLC, Leroy Gordon and Karen E. Gordon, in the above captioned case. Respectfully submitted, IRWIN & By: f III, Esquire 60 Wot Pomfreet Carli e, Pennsylvania 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 21, 2010 MARVIN WINDOW & DOOR SHOWPLACE, INC. Plaintiff V. L&K RESTORATIONS, LLC, LEROY GORDON and KAREN E. GORDON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 3906 CIVIL ACTION - LAW IN REPLEVIN CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Richard C. Snelbaker, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 IRWIN & Mc"IGHT, P.C. By: 60 We Pomfret Street Carlisl , PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: April 21, 2010 2 C,A- °~ ~~ t=1L~?:; - -; PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ^ for JURY trial at the next term of civil court. ^X for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) MARVIN WINDOW & DOOR SHOWPLACE, INC. (Plaintiff) vs. L&K RESTORATIONS, LLC, LEROY GORDON AND KAREN E. GORDON, (Defendant) vs. The trial list will be called on ~ AUGUST 31, 2010 (other) Trials commence on SEPTEMBER 20, 2010 Pretrials wi116e held on SEPTEI+~BER S, 2010 (Briefs are due S days before pretrials No. 2007-3906 ,CIVIL Term IN REPLEVIN Indicate the attorney who will try case for the party who files this praecipe: MARCUS A. McKNIGHT, III, ESQ., IRWIN & McKNIGHT, P.C. Indicate trial counsel for other parties if known: RICHARD C. SNELBAKER, ESQ., SNELBAKER & BRENNEM~ ^P.C~ ~] This case is ready for trial. Signed: Print Name: S~IARCUS A. McKNIGHT, III Date: JULY 7 , 2010 Attorney for: DEFENDANTS a,s pD rah ~~ ~~ ~5~6 lz~~,y~~G y~ ZQiQ ~~i_ -7 t°i !0~ E~ i C~~~~~ .~ - ,;;fir}, (check one) © Civil Action -Law ^ Appeal from arbitration MARVIN WINDOW & DOOR IN THE COURT OF COMMON PLEAS OF SHOWPLACE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION -LAW vs. N0.07-3906 CIVIL L. & K. RESTORATIONS, LLC, LEROY CORDON and KAREN E. CORDON, Defendants IN RE: NONJURY TRIAL ORDER AND NOW, this Z~ day of July, 2010, a pretrial conference in the above-captioned matter is set for Thursday, August 26, 2010, at 9:30 a.m. in Chambers of the undersigned. BY THE COURT, Richard C. Snelbaker, Esquire For the Plaintiff ~arcus A. McKnight, III, Esquire For the Defendants Court Administrator _ ~~~~ ~ ;,~ ~ ~~ :rlm r• - r ~~~~.~, ~ ~~ c~ ` ~' c ~ a n ~ ~~' G' ~ 1 :r . ~__ T{ ~ { -r-; f i tom? ,ti.., N t ~.. 3., . ~'4. _ _ ..j.f t. ~~ ~- MARVIN WINDOW & DOOR IN THE COURT OF COMMON PLEAS OF SHOWPLACE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO. 07-3906 CIVIL L. & K. RESTORATIONS, LLC, : LEROY GORDON and KAREN E. NO. 07-4471 CIVIL GORDON, Defendants MARVIN WINDOW & DOOR IN THE COURT OF COMMON PLEAS OF SHOWPLACE, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. L. & K. RESTORATIONS, LLC, NO. 07-4081 CIVIL LEROY GORDON and KAREN E. ,. GORDON 2 " , Defendants W Z f-._ sy, ? s vs. LIGHTSTYLES, INC., Additional Defendant 0 ] IN RE: NONJURY TRIAL ORDER AND NOW, this Z L' day of August, 2010, following conference with counsel in Chambers, the above-captioned cases are consolidated for the purpose of trial. Trial without a jury shall be conducted on Thursday, November 4, 2010, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin A,/ Hess, P. J. I ichard C. Snelbaker, Esquire eith Brenneman, Esquire For the Plaintiff Marcus A. McKnight, III, Esquire For the Defendants Court Administrator Am f 1 MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L.&K. RESTORATIONS, LLC, LEROY GORDON and KAREN E. GORDON, Defendants MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L.&K. RESTORATIONS, LLC, LEROY GORDON and KAREN E GORDON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3906 CIVIL? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4081 CIVIL VERDICTS AND NOW, Ajpve bµ iZ ` , 2010, after consolidated trial without jury of both above captioned actions on November 4, 2010, the undersigned trial judge finds as follows in the following cases: No. 07-3906: • On Plaintiffs action to recover property by action of replevin, the Verdict is for the Plaintiff and against the Defendants; and it is further ordered and directed that LAW OFFICES SNELBAKER & BRENNEMAN, P.G. r ' Plaintiffs bond entered on July 3, 2007, is hereby cancelled and the principals of said bond and the surety therein are hereby released and discharged from any further liability to Defendants. • On Defendants' counterclaim for monetary damages, the Verdict is for the Plaintiff and against the Defendants. No. 07-4081: • On Plaintiffs action to recover monetary damages, the Verdict is for the Plaintiff and against the Defendants in the amount of $72,628.05 less the set-off amount of $2,974.00 as allowed in the Defendants' counterclaim below for a net amount due Plaintiff of $69,654.05. • On Defendants' counterclaim to recover monetary damages, the Verdict is for Defendant Leroy Gordon and against the Plaintiff in the amount of $2,974.00 on Leroy Gordon's claims for unpaid expenses and one week's vacation pay, said amount to be deducted (set-off) from the $72,628.05 as found above. Pursuant to Pa.R.C.P. 227.4, the Prothonotary shall, upon praecipe, enter judgments on LAW OFFICES SNELBAKER & BRENNEMAN, P.C. the above decisions if no motions for post-trial relief have been filed under Pa.R.C.P. 227.1 within ten (10) days after notice of filing this decision. a r a w??? A1NV e By the Court, 2 I - `6 .? Richard C. Snelbaker, Esquire Keith Brenneman, Esquire For the Plaintiff Marcus A. McKnight, III, Esquire For the Defendants Court Administrator :rim C'Opies ma Jr4 /l f 1410 _ N _C= C= o rn MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L.&K. RESTORATIONS, LLC, LEROY GORDON and KAREN E. GORDON, Defendants MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L.&K. RESTORATIONS, LLC, LEROY GORDON and KAREN E. GORDON, Defendants IN THE COURT OF COMA CUMBERLAND COUNT15-9 <C1 -- CIVIL ACTION - LAW xd NO. 07-3906 CIVIL f -?, r- ?aa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-4081 CIVIL PRAECIPE TO ENTER JUDGMENT PURSUANT TO PA.R.C.P. 227.4 TO THE PROTHONOTARY: 1-14.0 0 p d'A ut?X751 2* a 5-) o P4,41 ,,o wu (r-i Please enter judgment in favor of the Plaintiff and against the Defendants in the above actions in accordance with the Verdicts entered by the trial Judge November 12, 2010. SNELBAKER & BRENNEMAN, P. C. Date: November 29, 2010 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff AND NOW, this Jq day of November, 2010 judgment is hereby entered in favor LAW oFFicES II of the Plaintiff and against Defendants in accordance with the above. SNELBAKER EC BRENNEMAN, P.C. By: Prothonotary CERTIFICATE OF SERVICE I hereby certify that I am on this date serving a true and correct copy of Praecipe to Enter Judgment upon the attorneys for Defendants by sending the same by regular first-class mail, postage paid, addressed to: Marcus A. McKnight, III, Esquire Irwin & McKnight, P. C. 60 West Pomfret Street Carlisle, PA 17013 SNELBAKER & BRENNEMAN, P.C. B Y (? Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717)697-8528 Attorneys for Plaintiff Date: November 29, 2010 LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L.&K. RESTORATIONS, LLC, LEROY GORDON and KAREN E. GORDON, Defendants MARVIN WINDOW & DOOR SHOWPLACE, INC., Plaintiff VS. L.&K. RESTORATIONS, LLC, LEROY GORDON and KAREN E. GORDON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-3906 CIVIL? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-4081 CIVIL VERDICTS AND NOW, AW4. kw, iZ ` , 2010, after consolidated trial without jury of both I above captioned actions on November 4, 2010, the undersigned trial judge finds as follows in the following cases: No. 07-3906: • On Plaintiffs action to recover property by action of replevin, the Verdict is for the Plaintiff and against the Defendants; and it is further ordered and directed that LAW OFFlCM p ?SNELBAKER & vRENNEMAN, P.C. r Plaintiff's bond entered on July 3, 2007, is hereby cancelled and the principals of said bond and the surety therein are hereby released and discharged from any further liability to Defendants. • On Defendants' counterclaim for monetary damages, the Verdict is for the Plaintiff and against the Defendants. I No. 074081: • On Plaintiffs action to recover monetary damages, the Verdict is for the Plaintiff and against the Defendants in the amount of $72,628.05 less the set-off amount of $2,974.00 as allowed in the Defendants' counterclaim below for a net amount due Plaintiff of $69,654.05. • On Defendants' counterclaim to recover monetary damages, the Verdict is for Defendant Leroy Gordon and against the Plaintiff in the amount of $2,974.00 on Leroy Gordon's claims for unpaid expenses and one week's vacation pay, said amount to be deducted (set-off) from the $72,628.05 as found above. Pursuant to Pa.R.C.P. 227.4, the Prothonotary shall, upon praecipe, enter judgments on LAW OFFICES pSNELSAKER & PRCNNEMAN. P.C. I the above decisions if no motions for post-trial relief have been filed under Pa.R.C.P. 227.1 J within ten (10) days after notice of filing this decision. .. _ .. ? ? ?.? •'1 . ; 1 ! ?:: ?? tea ::? 'Jl1N?: } ,I By the Court, 2 I