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Home My WebLink About07-3850W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., V. Plaintiff FCM BUILDERS, INC, and FRED C. MILLER, Individually IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. aop5b (it CJ , CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Defendants AV ISO HA SIDO DEMANDADOIA EN CORTE. Si usted des de too deeos pr6ximos vem a (20) d as despues USTED inas, debe tomar acci mss a noti fi ecaci bn lad de est siesta es Deman ands y Aviso radicando personalmente o por me ob ecc ones a, las demandas de la notifi bn comparecencia escrita y radicando en la Corte por escrito sus defensas de, y 1 P tomar acci6n resentadas aqui en contra suya. Se le advierte d fallo or cualquieresuma de dinerocoreclamadamo se ser dicta puede anteriormente, el caso puede proceder sin usted y un emaridante suy demands o cualquier otra reclamacibn o remedioe olerdead Hero odpropiedad u of os derechosamportantes pars por la Corte sin mfis aviso adicional. Usted pued p usted. UST USTED NO TIENE ED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGA O INME DIIATOF C ENTE NA PUIEDE PROVEERLE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. ES POSIBLE QUE ESTA OFICINA SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, LE PUEDA PROVEER INFORMACION SOBRE AGEN' IAASN QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUAL Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, By: W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Attorney for Plaintiff Telephone: (717) 238-2000 Fax : (717) 233-3029 E-mail: Hennin HHRLaw.com IN THE COURT OF COMMON PLEAS PENNSY SUPPLY, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07 - 3PSd l?i???? V. FCM BUILDERS, INC, and CIVIL ACTION -LAW FRED C. MILLER, Individually Defendants COMPLAINT 1. Plaintiff, Pennsy Supply, Inc., is a Pennsylvania corporation maintaining an office and place of business located at 1001 Paxton Street, P.O. Box 3331, Harrisburg, Dauphin County, Pennsylvania. FCM Builders, Inc. is a Pennsylvania corporation with an office 2. Defendant, r lace of business located at 1510 Thompson Lane, Mechanicsburg, Cumberland and/o p County, Pennsylvania 17055. 3. Defendant, Fred C. Miller, is an adult individual who maintains an office of business located at 1510 Thompson Lane, Mechanicsburg, Cumberland and/or place County, Pennsylvania, 17055. At the special instance and request of the Defendants, Plaintiff sold and 4. to Defendants various building materials and related goods and merchandise tendered which there is presently due and owing to Plaintiff the sum of $15,633.79, plus for interest at the rate of 1'h% per month. 5. Plaintiff has rendered to Defendants Statements of Account showing a balance due to Plaintiff by Defendant in the amount of $15,633.79, to which the Defendants have not objected and an account has therefore been stated between Plaintiff and Defendants as set forth in Exhibit "A", which is attached hereto and incorporated herein, in the amount certain of $15,633.79. 6. Defendant, Fred C. Miller executed a Credit Application wherein he d to a reasonable attorney's fees, and therefore Defendants are obligated to agree p y in the amount of $3,126.76 ($15,633.79 x.20). A copy of the Credit Application Plaintiff is attached hereto as Exhibit "B". A copy of the Personal Guarantee as executed by the Defendant, Fred C. 7. Miller is attached hereto and incorporated as Exhibit "C". Pursuant to the terms of the Personal Guarantee the Defendant guaranteed any indebtedness due and owing by FCM Builders, Inc. to the Plaintiff. g. Although duly demanded the said outstanding balance in the amount of $15,633.79 has not been paid by Defendants to Plaintiff or to anyone acting on behalf of Plaintiff and is therefore due and payable with interest at the rate of 1'/2% per month and the costs of suit. WHEREFORE, Plaintiff demands Judgment against the Defendants in the 15 633.79 plus interest at the rate of 1'/2% per month, plus the amount of amount of $ , $3,126.76 for reasonable attorneys fees, for a total balance due in the amount of $18,760.55, plus the costs of suit. HANDLER, NN Date: J1 By t W. Scott Henning & j?DSENBERG, LLP Attorney for P Ex?--?i??T l? AR OMG Aged Analysis Company: g0 Through Month: 6/07 a unto mers: 169231 1 tail 1 I - Level Of D: Receivable Types: All Receivable Type Group Finance Charges: Y Deduct Discounts: N d 1/50 e Through: Aged/Due/Retain/FC: Due Inclu Adj/Pay 12/01/50 rough: h n 1210 Aging Date: 06/18/07 Age rOf Excess All Date Treat In Dayss InpExcess Of:or0.00 Of Filters as O e: N Cost Address: i Balance In Excess : rt Lim red r it Warning: sAlly 3 All Range 2• Sort By: Customer st Sort Range I - All Cust So onC Sort Ra ge Cu From: D Description o Sales Person: All Collector : All 31-60 61-90 91-180 180+ Retainage Invoice Invoice Date / Desc <31 Total Due st Paid Date Amt 04125!07 -$7,000.00 Phone: 717-648-1859 Customer: 169231 F C M Builders, Inc Contact: Fred C Miller La Lane Mecfianicsburg, PA 17055 1510 Th ompson 00 0 Contract: 84 0.00 664 0.00 0.00 0.00 664.84 . 00 0 1563605` 10107106 HIGH MEADOW DEV LOT 47 . 00 0 0.00 0.00 0.00 1,450.88 . 1563746 10107106 HIGH MEADOW DEV, LOT . 1,450.88 0 00 325.83 0.00 44(MIKE) 83 0.00 325 0.00 0.00 1563783 10107106 THOMPSON LANE OK . 00 0 483.63 0.00 RAIN *" 0.00 483.63 0.00 0.00 . 23 927 0.00 1566108 10114106 CARLTON RD 00 0 0.00 0.00 0.00 . 1567274 10114106 1510 THOMPSON LN . 827.23 00 0 339.21 0.00 MECHANICSBURG 0:00 21 339 0.00 0.00 . 00 0 1568871 10121!06 CARLTON RD . 36 0.00 9 0.00 0.00 0.00 9.36 . 00 0 26051 10128106 Finance Charge . 00 0 0.00 0.00 0.00 30.83 . 26052 10128106 Finance Charge . 30.83 00 0 0.00 0.00 0.00 1.07 0.00 26053 10128106 Finance Charge . 1.07 00 0 0.00 0.00 0.00 2,272.38 0.00 1571661 10128106 CARLTON RD . 2,272.38 00 0 0.00 0.00 0.00 1,890.68 0.00 1571785 10!28106 THOMPSON LANE . 1,890.68 00 0 0.00 0.00 0.00 732.99 0.00 1571922 10128106 CANYON CREEK RD . 732.99 00 0 0.00 0.00 0.00 148.67 0.00 1577030 11111106 1510 THOMPSON LANE, . 148.67 67 323 0.00 1577418 MECH 11111106 LOT 47 HIGH MEADOWS, 0.00 323.67 0.00 00 0 0.00 0.00 0 00 0.00 . 1,300.22 0.00 1579007 LANE 11118/06 1,300.22 0.00 00 0 . 0.00 0.00 0.00 1,341.57 0.00 1579104 11118/06 HIGH IGH MEADOWS LOT 47 1 . 1,341.57 00 0 0.00 0.00 185.14 0.00 1579302 11118106 HIDDEN MEDOWS LOT-47 185.14 0.00 . 00 0 0.00 0.00 1.48 0.00 26430 11125106 Finance Charge 1.48 0.00 00 0 . 0.00 0.00 0.00 31.03 0.00 26431 Charge Finance 1125106 1 . 31.03 0 00 0.00 0.00 0.00 1,017.60 0.00 581021 1 LANE THOMPSON 1125106 1 . 1,017.60 00 0 0.00 0.00 19.46 .00 0 0.00 26788 12130106 Finance Charge . 19.46 00 0 0.00 0.00 192.78 .00 0 0.00 26789 Finance Charge 12130106 . 19278 00 0 0.00 0.00 0.63 0.00 0.00 26790 12/30106 Finance Charge . 0.63 00 0 0.00 0.00 240.23 0.00 0.00 1593429 01!06107 3401 CANYON CREEK RD, . 240.23 00 0 0.00 MECHANIC 16 0.00 269 0.00 0.00 269.16 . 1593447 01106!07 1510 THOMPSON LN . 10 27 0.00 0.00 MECHANICSBURG 10 0.00 27 0.00 0.00 . 00 0 27171 01127107 Finance Charge . 00 0 0.00 0.00 323.33 0.00 . 27172 Charge Finance 01!27107 323.33 00 . O 0 0.00 0.00 0.63 0.00 0.00 27173 Charge Finance 01!27107 , 0.63 00 0 0.00 0.00 27.10 0.00 0.00 27550 02124107 Finance Charge . 27.10 00 0 0.00 0.00 323.33 0.00 0.00 27551 02124107 Finance Charge . 323.33 00 0 0.00 0.00 0.63 0.00 0.00 27552 02124107 Finance Charge . 0.63 00 0 0.00 29.19 0.00 .00 0 0.00 27851 03131107 Finance Charge . 29.19 00 0 0.00 284.51 0.00 .00 0 0.00 27852 03131107 Finance Charge . 284.51 00 0 29.19 0.00 0.00 0.00 0.00 28103 04128107 Finance Charge 29 19 . 00 0 179.51 0.00 0.00 0.00 0.00 28104 04128107 Finance Charge . 179.51 2919 0.00 0.00 0.00 0.00 0.00 28378 05126107 Finance Charge 29.19 51 179 0.00 0.00 0.00 0.00 0.00 28378 05126107 Finance Charge . 179.51 70 208 313.70 1,424.38 13,478.31 0.00 15,633679 208.70 . Total For Contract: NOTE: * Indicates partial payments for the invoice. 06/18/2007 10:09:22AM Page 1 of 2 80 Pennsy Supply OMGBMFARAging.rpt Version 3.0 ?XHI?IT SUPPLY.- CREDIT APPLICATION- COMPANY DATE: ?' ? 0 c-" NAME: ?<< t ' ! ?J u s ?G tf? _ TELEPHONE NUMBER: Q 1 o r ?Q- OFFICER'S SOCIAL SECURITY # ' ADDRESS: / /yl 1 STREET NO + NO. 1 ?7 PURCHASE ORDER/JOB # REQUIRED: YES ./1?o? L. CITY STATE ZII' CODE NO HAVE YOU EVER BEEN BANKRUPT? YES OFFI CEW* rlt-1n v/- ?Gne r TELEPHONE # --' HOME ADDRESS TITLE NAME HOME ADDRESS TELEPHONE # NAME TITLE APPROXIMATE MONTHLY TYPE OF E` QS-- CREDIT REQUIREMENTS: S 4Ulm - ESTABLISHED- BUSINESS: TRADE REFERENCES: (Wholesale) FAX # ?.? .-?1 S Mi^- ADDRESS TELEPHONE # NAME ?A 0 III I III 'I ;?- ? i j ADDRESS TELEPHONE # FAX # NANE t ?, .?- ?uu, v43Z TELEPHONE # # ADDRESS NAME q/f ACCOUNT # BANK: C«v ADDRESS TELEPHONE # JOB NAME AND LOCATION: BONDING COMPANY: NAME ADDRESS TELEPHONE # CONTACT PEP. M O OF sMUNDERSTOOD A AND AGREED THAT PAST DUE LAW IN THE EVENT OF DEFAULT, THE BUYEER , NET 30 TERMS OF PAYMENT ARE DISCOUNT 10TH P TO SERVICE CHARGES AT THE RATE OF 1-1/2% SUBJECT REPORT AND/OR A F SAID BALANCE AGREES PAY ATTORNEY'S FEES AND OTHER ? CONTACT INCURRED IN A?VE C?TT _ COLLEanoN ?CI O? OBTAIN CONS Cl"SIIT G "RT BEIA m AUTHORIZE PENNSY gUPPLY, INC. . TO BACKGROUND REPORT ON bWUS- THIS BLOCK FOR OFFICE IISE ONLY ,?? ACCOUNT OPENED: lO • . ?` '? --1-== ACCOUNT NUMBER: TAXABLE: „? NO ' D & B: ??j ?--- SALESMAN: PRICE CODE: NAME (Signature) PRESIDENT/VICE-PRESIDENT E H . P®V1VSY SU PPLI? ,?. Personal Guarantee - Individual To induce you at your option from time to time to exter?d credit or make advances at e r uest or for the a unt o _ r-tS err 1 I ? of called " and for and in consideration of establishing an open account andrext endingDcredi toy Debtor, I, as surety, hereby promise to pay, absolutely and unconditionally, the indebtedness or balance of indebtedness of Debtor at any or all times owing to you, whether such indebtedness now exists or is hereafter incurred, and in whatever form it may be evidenced and whether or not it may be secured. I hereby waive notice of the acceptance of this guaranty, and to all notice of the sale or delivery of goods and merchandise by you defaults by the Debtor. I consent and agree that you may at any time or from time to time in your discretion you may settle or compromise with the Debtor or other person or persons liable thereon, any and all obligations, payment of which is hereby guaranteed by the undersigned, or subordinate the payment of same or any part thereof to the payment of any other debt or claims which may at any time be due and owing to you or any other person or corporation; all in such manner and upon such terms as you may see fit, and without notice to or further assent from the undersigned, who hereby agrees to be and remain bound upon this guaranty, irrespective of the existence, value or condition of any collateral and notwithstanding any such change, exchange, settlement, compromise, surrender, release, sale application, renewal or extension and notwithstanding also that all obligations of the Debtor outstanding and unpaid at anytime may exceed the amount of this guaranty. This guaranty shall not be abrogated or affected in any manner by any change in firm or status of the Debtor whether caused by death, by the admission of any new member or members, or by the withdrawal of any member or members, or by any change from any cause whatsoever. In case of the failure of the Debtor or any of the undersigned to pay when due or payable any sum owing by the Debtor or the undersigned to you, or of the insolvency or failure in business of the Debtor or of the undersigned, or in the event that a petition in bankruptcy or for a receiver is filed in any court by or against the Debtor, or any of the undersigned, or that a judgment be entered against any of them or the undersigned or that a writ of attachment or execution be issued against the Debtor or the undersigned, or against any property of the Debtor or the undersigned, then all indebtedness hereinbefore referred to shall be deemed for the purposes of this guaranty to be immediately due and payable and the liability of the undersigned hereunder shall accrue, all without demand or notice. Whenever under the terms hereof the liability of the undersigned shall accrue, and in any state where the same is permitted by law, the undersigned hereby authorizes and empowers any attorney of any court of record to appear for and enter judgment against the undersigned in favor or Pennsy Supply, Inc., its successors or assigns, for any sum or sums of money which may be hereunder, as of any term, with or PBYNSY Personal Guarant SUPPLY ee -Individual without declaration filed, with interest and costs, release or error, without stay of execution and with 20% added for collection/attorney fees. The undersigned also waives the right of inquisition on any real estate that may be levied upon to collect the amount due under a judgment obtained by virtue hereof, and does hereby voluntarily condemn the same and hereby waives and releases all relief from any and all appraisement, stay, exemption or homestead laws of any state, now in force, or hereafter passed, and any right to exempt to, strike off, open or appeal from the judgment so entered. If a true copy of this instrument shall be filed in any such action, it shall not be necessary to file the original as a warrant of attorney, any rule of court-to the contrary notwithstanding. This is a continuing guaranty and shall remain in full force and effect until written notice shall have been actually received by you that the undersigned, but such revocation shall not release the' undersigned from e any liability as to any indebtedness or obligation hereinbefore referred to, which may be held or owing to you at the time of the receipt of such notice, or as to any renewal or renewals thereof, no act or omission of any kind on your part in the premises shall in any event affect or impair this guaranty. If this guaranty is executed by two or more persons, it shall be the joint and several obligation of all such parties, and shall not be revoked or impaired as to any by the death or all or any such parties or by the revocation of release of any obligations hereunder, by or against all or any of such other parties. It is further understood and agreed that no waiver of any breach of any term of this guaranty shall be construed as a waiver of any subsequent breach of that term or of any other term of the same or different nature. Although referred to as a guaranty, this instrument is intended to be a contract of suretyship upon which the undersigned intends to be legally bound. IN WITNESS WEREOF, I have hereunto set my hand and seal this, day of _ , 200,,x Witness: Witness: Witness: Witness: (Guarantor's Signature) (Seal) (Guarantor's Signature) (Seal) 2 k%juaramors Signature) VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Iv C"y ci ?i film W l,J d c SHERIFF'S RETURN - REGULAR 1ASE NO: 2007-03850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSY SUPPLY INC VS FCM BUILDERS INC ET AL MEGAN MARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE FCM BUILDERS INC the DEFENDANT , at 2005:00 HOURS, on the 13th day of July , 2007 at 1510 THOMPSON LANE MECHANICSBURG, PA 17055 FRED MILLER, OWNER was served upon by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Postage .58 Surcharge 10.00 .00 !'r'JO ?d7 42.02 So Answers: R. Thomas Kline 07/16/2007 HANDLER HENNING ROSENBERG Sworn and Subscibed to before me this day puty Sh riff of A.D. SHERIFF'S RETURN - REGULAR *CASE NO: 2007-03850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSY SUPPLY INC VS FCM BUILDERS INC ET AL MEGAN MARLOW , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MTT.T _LID L'DLn r the DEFENDANT , at 2005:00 HOURS, on the 13th day of July , 2007 at 1510 THOMPSON LANE MECHANICSBURG, PA 17055 by handing to FRED MILLER a true and attested copy of COMPLAINT & NOTICE 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 00 7J)v101 ? 16.00 Sworn and Subscibed to before me this of So Answers: R. Thomas Kline 07/16/2007 HANDLER HENNING ROSENBERG By: 2;?]g day C)eputy Sheriff A.D. Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookia::dcdlaw.net Attorney for Defendants PENNSY SUPPLY, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.: 07-3860 CIVIL TERM FCM BUILDERS, INC. and CIVIL ACTION - LAW FRED C. MILLER, Individually Defendants NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney, and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas signuientes, usted tiene vienta (20) dias de plazo al partir de al fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona a por abogado y archivar en la corte en forma escrita sus defensas o sus objectiones a [as demandas en contra de su persona. Sea avisado que si usted no se fefiende, la corte tomara medidas y puede una orden contra usted sin previo aviso o notificacion y por cualquier queja o akuvui que es pedido en la peticion de demanda. Usted puedo parder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DIMERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEPONO A LA OFICINA CUYA DIRECCION SE EMCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSSGUTA ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 2 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShook ddcdlaw.net Attorney for Defendants PENNSY SUPPLY, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. No.: 07-3850 CIVIL TERM FCM BUILDERS, INC. and CIVIL ACTION - LAW FRED C. MILLER, Individually Defendants DEFENDANTS' ANSWER AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The averments in Paragraph 4 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 5. Denied. The averments in Paragraph 5 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 6. Denied. The averments in Paragraph 6 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially 3 determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 7. Denied. The averments in Paragraph 7 of Plaintiffs Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. 8. Denied. The averments in Paragraph 8 of Plaintiff's Complaint contain conclusions of law to which no response is required. However, if it is judicially determined that a response is required, the averments are specifically denied, with strict proof thereof demanded at the time of trial. WHEREFORE, Defendants, FCM Builders, Inc. and Fred C. Miller, Individually, demands judgment in its favor and against Plaintiff plus any other relief that this Honorable Court deems just. NEW MATTER 1. The Defendant incorporates its answers to the preceding paragraphs as though fully set forth herein. 2. The Plaintiff's actions are barred or limited by the doctrine of estoppel. 3. The Plaintiffs actions are barred or limited by the doctrine of laches. 4. The Plaintiff's actions are barred or limited by the doctrine of release. 5. The Plaintiff's actions are barred or limited by the doctrine of res judicata. 6. The Plaintiff's actions are barred or limited by the doctrine of statute of frauds. 7. The Plaintiffs actions are barred or limited by the doctrine of waiver. 4 WHEREFORE, Defendant, FCM Builders, Inc. and Fred C. Miller, Individually, demands judgment in its favor and against Plaintiff plus any other relief that this Honorable Court deems just. Dated: 0 -? 3- o'007 Respectfully Submitted, By: Brya . Shook, Esquire I. D.# 203250 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff 5 Bryan W. Shook, Esquire ID # 203250 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 BShookta,dcdlaw.net Attorney for Defendants PENNSY SUPPLY, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vii. No.: 07-3850 CIVIL TERM FCM BUILDERS, INC. and CIVIL ACTION - LAW FRED C. MILLER, Individually Defendants CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Defendant's Answer and New Matter, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: Pennsy Supply, Inc. c/o W. Scott Henning, Esquire 1300 Linglestown Road Harrisburg, PA 17110 Respectfully Submitted, Dated: Y-1-3-;Loo? By: Bryan . Shook, E quire I.D.# 203250 2132 Market Street Camp Hill, PA 17011 Attorney for Plaintiff 6 PENNSY SUPPLY, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA viii. No.: 07-3850 CIVIL TERM FCM BUILDERS, INC. and CIVIL ACTION - LAW FRED C. MILLER, Individually Defendants 1 hereby verify that the statements of fact made in the foregoing Preliminary Objections, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. I further certify that 1 am authorized by FCM Builders, Inc. to make this verification. Date: 5 i Al, & -, FCM Builciers, Inc. 7 PENNSY SUPPLY, INC. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ix. No.: 07-3850 CIVIL TERM FCM BUILDERS, INC. and CIVIL ACTION - LAW FRED C. MILLER, Individually Defendants I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: f-&%0? 46 ZIAW-Af ed C. Miller 8 _._?p ?"1 R W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3850 V. FCM BUILDERS, INC, and FRED C. MILLER, Individually CIVIL ACTION - LAW Defendants PLAINTIFF'S REPLY TO NEW MATTER Now, comes the Plaintiff, Pennsy Supply, Inc., by and through their counsel, HANDLER, HENNING & ROSENBERG, LLP, W. Scott Henning, Esq., replies to Defendant's New Matter as follows: 1. Paragraph 1 is an incorporation paragraph to which no responsiv6 pleading is required. 2. Denied. The allegation set forth in Paragraph 2 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs cause of action is barred or limited by the doctrine of estoppel, and proof to the contrary is demanded at the trial in this matter. 3. Denied. The allegation set forth in Paragraph 3 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs cause of action is barred or limited by the doctrine of laches. 4. Denied. The allegation set forth in Paragraph 4 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs cause of action is barred or limited by the doctrine of release. 5. Denied. The allegation set forth in Paragraph 5 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs cause of action is barred or limited by the doctrine of res judicata. 6. Denied. The allegation set forth in Paragraph 6 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs cause of action is barred or limited by the doctrine of statute of frauds. 7. Denied. The allegation set forth in Paragraph 7 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiff's cause of action is barred or limited by the doctrine of waiver. 2 i , t WHEREFORE, Plaintiff, Pennsy Supply, Inc., demands judgment against FCM Builders, Inc., and Fred C. Miller, individually for the relief set forth in its Complaint. Respectfully submitted, RG, LLP Date: By 1/ W. Scott Henning, s• I.D. #32298 1300 Linglestown Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 3 PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-3850 V. . FCM BUILDERS, INC, and . FRED C. MILLER, Individually CIVIL ACTION - LAW Defendants CERTIFICATE OF SERVICE On the 31' day of August, 2007, 1 hereby certify that a true and correct copy of Plaintiffs Reply To New Matter was served upon the following by depositing in U.S. Mail; Bryan Shook, Esq. 3805 Market Street Camp Hill, PA 17011 Date: 8 -3l ---r>07 Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP By W. ScdtCHenn"g,Z I.D. #32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: c?S "3/ s 7 c h t- j;, C j CO CD W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 07-3850 FCM BUILDERS, INC., and FRED C. MILLER, Individually Defendants CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: W. Scott Henning, Esquire, of Handler, Henning & Rosenberg, LLP, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $15,633.79, plus interest from June 27, 2007 at the rate of 1 %% per month, plus the amount of $3,126.76 for reasonable attorneys fees, for a total balance due in the amount of $18,760.55, plus the costs of suit. The counterclaim of the defendant in the action is N/A r The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: W. Scott Henning, Esquire., Handler, Henning & Rosenberg, LLP., 1300 Linglestown Road, Harrisburg, PA 17110 and Bryan W. Shook, Esquire, The Law Office of Darrell C. Dethlefs, 2132 Market Street, Camp Hill, PA 17011 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, HANDLER, HEIANINGJWSENBEG, LLP By V f W. tt H , E 1.D. #32298 1300 Linglestown Harrisburg, PA 171 0 (717) 238-2000 Attorney for Plaintiff ORDER OF COURT AND NOW, , 2007, in consideration of the foregoing petition, , Esq., Esq., and , Esq., are appointed arbitrators in the above- captioned action as prayed for. By the Court, P.J. r W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 07-3850 FCM BUILDERS, INC., and FRED C. MILLER, Individually Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE On the 25th day of October, 2007, 1 hereby certify that a true and correct copy of Plaintiff's Petition for Appointment of Arbitrators was served upon the following by depositing in U.S. Mail; Bryan W. Shook, Esquire The Law Office of Darrell Dethlefs 2132 Market Street Camp Hill, PA 17011 Date: ZL 11 Respectfully Submitted, HANDLER, 'HENNId'aG & W. S HenninTTsquire 1. D. o.. 32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorney for Plaintiff SENBERG, LLP V• a 9D o U% D rv 1 d?`w1 L •1 a ?Tlq ' rS.X l+ wov as your a W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., Plaintiff V. FCM BUILDERS, INC., and FRED C. MILLER, Individually Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3850 CIVIL ACTION - LAW PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: W. Scott Henning, Esquire, of Handler, Henning & Rosenberg, LLP, counsel for the Plaintiff in the above action, respectfully represents that: 1. The above-captioned action is at issue. 2. The claim of the Plaintiff in the action is $15,633.79, plus interest from June 27, 2007 at the rate of 1 Y2% per month, plus the amount of $3,126.76 for reasonable attorneys fees, for a total balance due in the amount of $18,760.55, plus the costs of suit. The counterclaim of the defendant in the action is N/A 67-385-0 The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: W. Scott Henning, Esquire., Handler, Henning & Rosenberg, LLP., 1300 Linglestown Road, Harrisburg, PA 17110 and Bryan W. Shook, Esquire, The Law Office of Darrell C. Dethlefs, 2132 Market Street, Camp Hill, PA 17011 WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, HANDLER, HE ING SENBEG, LLP L By W. 126ft H ' , ;E/. I . D. #32298 1300 Linglestown Harrisburg, PA 17(717) 238-2000 Attorney for Plaintiff ORDER OF COURT AND NOW, 2007, in consideration of the foregoing petition, Ja44& Esq., zta? Esq., and , Esq., are appointed arbitrators in the above- captioned action as prayed for. By the, C u , G P. J c ?i h > :`" ,c: LLj 4 ° c?V cv copies ,1 , s?° shoot .- ?'Ya" DKb ?Z its Sv ? ?K? Plaintiff C /?'? g r (cat rS yr?c ? M-4 f Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 07 - -30S0 Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constit ' n of this Commonwealth and that we will discharge the duties of our office with fide ' Na me (Chairman) r 4,?l ? Law Firm 7W W. Address ca,( I pw 7ar3 city, zip Si Iclp G( _?VI?ZE_S Name CA. c? iS f-??G?JPt f Li?c?Su?J Law Firm 2(c, tO . Address Lev S? OP 17o ll city, zip f_ Signature V < <C !? I Y \ate U Name N\ a et Law Ct f W1 Law 'Firm ?• c, & 411-7, t 0•:1tt??>?'y? i PEA Address - I city, zip #h' IDI1I 4 IMa4 ? Is3a8 Award We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) Now, the /3*' day of , 20 QB_, at : Af 7 A .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 350. 00 By: / Prothonotary Deputy Notice of Entry of Award Est w °w.Sh-°? Bryn' ?f t31o8 o?B -n ;A; r Robert E. Chernicoff, Esquire PA Supreme Court ID # 23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSY SUPPLY, INC., CIVIL ACTION - LAW Plaintiff No. 07-3850 vs. FCM BUILDERS, INC., and FRED C. MILLER, Individually Defendants NOTICE OF STAY NOTICE IS HEREBY GIVEN that FCM Builders, Inc., above-named Defendant, has filed a Petition under Chapter 11 of the United States Bankruptcy Code to Case No. 1-08-00711 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, & CHERNICOFF, P.C. Date: March 10, 2008 Robert E. Chernic , s*rl I.D. #23380 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 Robert E. Chernicoff, Esquire PA Supreme Court ID # 23380 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSY SUPPLY, INC., Plaintiff ; VS. FCM BUILDERS, INC. and FRED C. MILLER, Individually, Defendants CIVIL ACTION - LAW No. 07-7356 CERTIFICATE OF SERVICE I, Lisa Fuge, do hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid on this day to the following: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Rd Harrisburg, PA 17110 Respectfully submitted, Date: March 10, 2008 FAHome\LFUGE\FCM BUILDERS\N0TICEBK3.wpd CUNNINGHAM & CHERNICOFF, P.C. By: Lisa Fuge, Paralega 2 C? ? p T: fli = p _ - -- , 7 PENNSY SUPPLY, INC. PLAINTIFF vs. FRED C. MILLER and FCM BUILDERS, INC. DEFENDANTS :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNA : NO. 2007-03850 CIVIL ACTION -LAW PARTIAL RELEASE OF JUDGMENT LIEN WHEREAS, on June 17, 2007, a judgment was entered in the amount of $18,670.00 in favor of Pennsy Supply, Inc. against Fred C. Miller and FCM Builders, Inc. in the Court of Common Pleas of Cumberland County and filed to the above term andZrumber; NOW, Pennsy Supply, Inc., its successors and assigns, hereby withdraws the above stated judgment, only insofar as it pertains to the property located at 3516 Ritner Highway, Newville, Pennsylvania. IN WITNESS WHEREOF, being authorized to so act, I have hereunto set my and seal this3 "" day of J e_'PJfCM b r , 2009. Witness . ' 0'(c ALLOIUI?$ Re e i vabl t JV &fja3er PENNSY SUPPLY, INC. BY: ., 1 RU D-rJFrICr OF THE PROTHONOTARY 209 SEP -9 PM 2= 56 CLAM - -,jUNTY PENNSYLVANIA