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Home My WebLink About07-4085~,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW HANOVER ASSOCIATES, Plaintiff v. No. Q~- X1085 Ciao t Term CALABRESE AND SONS, INC., 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 maybe 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 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. ~00195587/I} r EN LA CORTE DE LEGATOS COMUN DEL CONDADO DE CUMBERLAND PENNSYLVANIA DIVISION CIVIL IIANOVER ASSOCIATES, Plaintiff v. No. CALABRESE AND SONS, INC., Defendants AVISO PARR DEFENDER Conforme a PA RCP Niue. 1018.1 USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJAD AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USETED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 2 F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW HANOVER ASSOCIATES, Plaintiff CALABRESE AND SONS, INC., Defendants COMPLAINT ~~ AND NOW, this ~ day of July 2007, comes the Plaintiff, Hanover Associates, by and through its attorneys, CGA Firm, and files the within Complaint stating as follows in support thereof: 1. Plaintiff, Hanover Associates, is a Pennsylvania Limited Partnership with its principal place of business located at 311 East Elmwood Avenue, Mechanicsburg, PA 17055. 2. Defendant, Calabrese and Sons, Inc. is a Pennsylvania Corporation with a principal place of business located at 406 Brandy Lane, Mechanicsburg, PA 17055. 3. On or about February 11, 1005, Plaintiff and Defendant entered into the First Assignment Contract which stated that the contract proceeds to be delivered to the Plaintiff upon the receipt of the proceeds by the Assignor, less the 3% agreed upon discount of $1,686.00. Please see a true and correct copy of the First Assignment Contract attached hereto and incorporated herein as Exhibit "A." 4. Plaintiff and Defendant entered into a Second Assignment Contract on or about February 15, 2005 for the assignment of the contract proceeds to be delivered to the Plaintiff upon the receipt of said proceeds by the Defendant with an anticipated discount of $1,403.55. 3 r Please see a true and correct copy of the Second Assignment Contract attached hereto and incorporated herein as Exhibit "B." COUNT I -BREACH OF CONTRACT ASSIGNMENT INVOLVING GOVERNMENT CONTRACTS N00383-04-P-P594 and N00383-03-P-P876 5. Plaintiff and Defendant entered into the First Assignment Contract for the assignment of the proceeds from the above-referenced contracts. 6. As previously indicated, the First Assignment Contract was executed on or about February 11, 2005. 7. Upon information and belief, Defendant(Assignor) has received the proceeds for the above-referenced contracts and has failed to deliver the proceeds to the Plaintiff(Assignee) in accordance with the First Assignment Contract. 8. Defendant's failure to deliver these proceeds constitutes breach of contract and the Plaintiff, as a result, has suffered damages in the amount of $54,514.00. WHEREFORE, Plaintiff, requests that this Honorable Court enter judgment in its favor in and against the Defendant in the amount of $54,514.00, statutory interest and any further relief that this Court believes is just and appropriate. COUNT II -BREACH OF CONTRACT ASSIGNMENT INVOLVING GOVERNMENT CONTRACTS SP0920-04-V-4135, SP0740-04-V-D561, SP0441-05-D-5737-0001 and SP0430-03-M-2704 9. Plaintiff incorporates all preceding paragraphs as though fully set forth herein. 10. As stated above, on or about Febrary 15, 2005 Plaintiff and Defendant entered into the Second Assignment Contract. 11. The Second Assignment Contract required delivery of proceeds in the amount of $45,381.41 after the 3% discount was taken from $46,785.00. 4 h 12. The proceeds were to be delivered to the Plaintiff or Assignee upon receipt of said proceeds by Defendant(Assignee). 13. Upon information and belief, Defendant has received the proceeds and has failed to deliver said proceeds due and owing to Plaintiff in accordance with the Second Assignment Contract. 14. Defendant's failure to deliver the proceeds due and owing to Plaintiff in accordance with the Second Assignment Contract constitutes a breach of contract. 15. As a result of Defendant's breach of contract, Plaintiff has suffered damages in the amount of $45,381.45. WHEREFORE, Plaintiff, requests that this Honorable Court enter judgment in its favor in and against the Defendant in the amount of $45,381.45, statutory interest and any further relief that this Court believes is just and appropriate. Respectfully submitted, CGA LAW FIRM 'stian J. bb, squire Supreme ourt I.D. No. 85370 135 North George Street York, PA 17401 717-848-4900 telephone 717-843-9039 facsimile Attorneys for Plaintiff 5 r VERIFICATION I hereby affirm that the following facts are correct. The attached Complaint is based upon information which has been furnished to counsel in the preparation of this document. The language of the Complaint is that of counsel and not mine. I have read the Complaint and to the extent that the same 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 content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the averments of fact set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: By: ~~ ~, David G. Fisher Hanover Associates 6 ASSIGNMENT This Agreement is between Calabrese & Sons, Inc., a Pennsylvania Corporation, with a principal place of business at 406 Brandy Lane, Mechanicsburg, Pennsylvania 17055 ("Assignor") and Hanover Associates, a Pennsylvania Partnership, with a principal place of business at 31 1 East Elmwood Avenue, Mechanicsburg, Pennsylvania l 7055 ("Assignee") WHEREAS, Assignor is beneficiary of two complete contracts with the United States Government identified as: N00383-04-P-P594 (Shaft Energy Absorb.) -Fourteen items at $3,400.00 each i~ ~ </-~~,~ N00383-03-P-P876 (Shaft Energy Absorb.) -Two items at $4,300.00 each ` .~„ -; ~ :;- ;-~ ,,, , . AND, Assignee and Assignor have negotiated this Agreement whereby the Assignee has made payment, and the Assignor acknowledges receipt of $54,514.00 which is the $56,200.00 proceeds anticipated under the above identified contracts, minus a three percent (3%) agreed upon discount of$1,686.00. Said contract proceeds are to be delivered to Assignee upon receipt by Assignor. Assignee reserves the right to apply said proceeds to further needs of the Assignor through addendum of this Agreement or separate Agreement, as shall be jointly determined by the parties in the future. NOW this 11'h day of February, 2005, the Assignor and the Assignee, through their authorized representatives, hereby execute this Agreement. Hanover Associates ~~ David Fisher F ~,Fl LES~DATAFILE~rcncra~Curtnn111091 5 asvgn Calabrese & Sons, Inc. -- J seph A. Calabrese EXHIBIT ~~ _ ~~E F~<,11~~ rU 1 Q~Q. t ~ ~-+^ EN "~ 1 5 ~ ~Tw c qtr C..'Z~PI ~uQ-c~~ `c, : c.:~+ <: Y a L ~ p c L R P c. `. `: r ~" S , u ~ °. <~ is i `i L L t3 ¢..~ ,N U ~ c M L ~. It q .~ i c S d.ta ~q, \`~o''' ~ rZ o ~ y i:\ ti N b ~- ~ Q :., 7 ~'~ a u •~ ~. ti a i S o ~: r1-r ~~ IZ ~ ,. R~~ ; ~ ~l~n v.: c c r Pa IZ ~ ` ~ V •~ ~ ~ ~ ; S 1 w mac. 1 ~cR ~:.wZi ~~• ~ F.,~ ~v~%.C Cr :.y , ~'~ T._,~ Ku;i~n ~~~ G1TC•, ~~:, - - ~ •Z.a`-tom ~: i QSCUC j f2',fo~ ~ ~ ( ~ c M AT g ~~ gco. ~o =~cFi O 'Z 4 U - G'-i V ~ . - ~ i ~ t _ M S i1 \ ~ Z J i ~J c, r. c rte'! l-~. y 1 - ~ :.~ Z1 C '~ ~ ~,:, 1c ti,.a,.~ , 7~.;ac \ l_Ry~~>CPAa.7:gt_~ ~- ~Ti=MS Rt 13 cc.~..cc, ;=Zc~ F~-a~ q,~g1 c`~~C A~,~ ~ZSSlyuo:._ (nq~C ,., 5c-. AT ~7 ~ \.i y s4gK~~M Q S, L.`.-Y W ~\ tri ~ lid T \, 4 4 ^'`c InA~ ~-~Aat= ~ ~y ^'~ k U -( iZ N ,7 'emu ~ ~ t T `^ ~ 9i `~ b , `1 ~ c~ r '~ ~ t7 ~ u T l F i ~p `v l~ i \ l c \ E' aY ~..7 v, w C. ~ 2 c ,s, T v, \ s 1 ~ r..., J a -~ 6F ~ c 17 Z .. A Y~ Z C •.~ 1 (~ z ~ .~.a -R"~\U `y 4. ~_ as l,.y \_\cl. c..,-rte Z- • \., i ~, l \--~i ~', ~t ~-'~ ~.: Y: i G ems! ; _T_-:~ C. 4 ~-`/ ~/~~__ J r 1 ~ .~ u _ / ~-/ ~ ~~ ~. r-, - / ,~; /y~~~ z -~~ ~ ~ EXHIBIT ~~-tn\~~ M. Mc ~~q1~ -~ rz ~ ~_ _ ~ 00 - ~` ~~ v _' c- ,-~ ~--'' ~ "ti ~' .1.J ~ "G C CERTIFICATE OF SERVICE I hereby certify that on this 5th day of July, 2007, a true and correct copy of the foregoing Complaint has been served via first-class mail, postage prepaid, upon the following: Joseph A. Calabrese Calabrese and Sons, Inc. 406 Brandy Lane Mechanicsburg, PA 17055 CGA LAW FIRM Kathleen H. Moyer, Paralega Christian J. Dabb, Esquire {00194867/1} 6 c'? o c~ rw ~; -~, ~ `~ -n, i ,} `,. ~ ~.. _) `_ -- ' 7 ` ~ ~ ' t . l - a fil . ..- f V a -1 ~` G SHERIFF'S RETURN - REGULAR CASE N0: 2007-04085 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HANOVER ASSOCIATES VS CALABRESE AND SONS INC MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the CALABRESE AND SONS INC DEFENDANT at 1430:00 HOURS, on the 11th day of July 2007 at 406 BRANDY LANE MECHANICSBURG, PA 17055 by handing to JOEY CALABRESE, VICE PRESIDENT 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 10.56 Postage .58 Surcharge 10.00 .00 y/I 5~0 7 ~ 3 9.14 Sworn and Subscibed to before me this day of , So Answers: ~~ R. Thomas Kline 07/12/2007 CGA LAW FIRM By ~ i~~j Deputy Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HANOVER ASSOCIATES, Plaintiff v. No. 04-3940 CALABRESE & SONS, INC., Defendant The Honorable Edgar B. Bayley PROPOSED ORDER AND NOW, this ~Y C day of April, 2008, upon consideration of the Plaintiff and Defendant's mutual agreement and Stipulation, it is hereby ORDERED and DECREED that: a) Calabrese and Sons, Inc. and Hanover Associates (collectively the "Parties") have agreed that $220,000.00 of the escrowed funds currently retained shall be released to Hanover Associates as the first lien holder in satisfaction of its first in line Note and Judgment, and remit the remainder of the balance in escrow to Virginia Calabrese as the next subsequent lien holder; b) The action docketed at 07-4085 be marked settled and discontinued with prejudice, and the actions docketed at 07-1040 and 07-4086 in the Court of Common Pleas for Cumberland County, will be marked settled and discontinued with prejudice. c) As part of the settlement of the above listed Replevin Actions, Calabrese and Sons, Inc. will permit the removal of the equipment that is subject to the above reference replevin litigation, and Calabrese and Sons will permit the removal and loading of said equipment onto the trucks supplied by Hanover Associates (rigging insurance, riggers, and all equipment necessary to remove the machines will be supplied by the Plaintiff). Said removal to occur within thirty (30) days of this Order. d) The Parties shall not commence any action pertaining to the remaining Sorre! Forge Note that is currently retained by Hanover Associates, prior to June 15, 2008. e) The remainder of the escrow is to be released to Virginia Calabrese a e next subsequent lien holder, and a calculation of said balan to ed to the Plaintiff for the purpose of tracking the balance out t equent lien holder. J. • 4 ,,,,,t~ ,"„~ .~ t,1 -~ ~~~~ ~ ~~ ~ ~ ~ ==~ ~~ ~~iJ ~.- ? \\\ ~.,... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HANOVER ASSOCIATES, Plaintiff v No. 04-3940 CALABRESE & SONS, INC., Defendant The Honorable Edgar B. Bayley STIPULATION AND NOW, this day of April, 2008, the Plaintiff, Hanover Associates and the Defendant, Calabrese and Sons, Inc. hereby stipulate as follows: 1. The Plaintiff and Defendant, (collectively "the Parties") agree to the release of $220,000.00 to Hanover Associates from the escrowed funds that are the subject of the current litigation. 2. In exchange the Plaintiff will release its current judgment action pertaining to the first judgment note which is the subject of the above captioned action. 3. In addition, the Plaintiff will release and discontinue its remaining actions captioned at 07-4085, 07-4086 and 07-1040. 4. The release and discontinuance of the 07-1040 replevin action listed in Paragraph 3 above, will require that the Defendant will permit the removal and loading of a Tinius Olsen Electromatic Torsion Testing Machine with a serial number of 51126. Plaintiff will provide the trucks upon which the machines will be loaded, and Plaintiff will also provide riggers, rigging insurance and all equipment necessary to remove the machines. 5. The release and discontinuance of action docketed at 07 - 4086 will require that the Defendant will permit the removal and loading of a Lodge and Shipley X00221683/1) Lathe with a serial number of 550100. Plaintiff will provide the trucks upon which the machines will be loaded, and Plaintiff will also provide riggers, rigging insurance, and all equipment necessary to remove the machines. 6. This Stipulation and ultimate Court Order will in no way affect the rights and remedies of either party as it relates to the Plaintiff's second note -involving the Sorrel Forge Assignment. 7. The Parties agree that said equipment will be removed within thirty (30) days of Court Order that confirms present stipulation. Otherwise, the Defendant will be entitled to storage fees for retaining said property. 8. The Plaintiff agrees to stay any action as it relates to the Sorrel Forge Note/Judgment until after June 15, 2008. WHEREFORE, the Parties would respectfully request that this Honorable Court enter an Order consistent with said stipulation. Respectfully Submitted, CGA L F' m hristian J. abb, Esquire Supreme Court I.D. # 85370 135 North George St. York, PA 17401 (717) 848 - 4900 Fax: (717) 843 - 9039 v• Seth T. Mosebey, Es~(tire Supreme Court I.D. #203046 Manson Deardorff Williams Otto Gilroy & Faller 10 East High Street Carlisle PA 17013 Telephone (717) 243-3341 Facsimile (717) 243-1850 ~oozz ices; i }