HomeMy WebLinkAbout07-4471MARVIN WINDOW & DOOR
SHOWPLACE, INC.,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
L & K RESTORATIONS, LLC,
LEROY K. GORDON and KAREN E.
GORDON,
Defendants
CIVIL ACTION - LAW
No: a7- may,/ ??
: 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
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
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.
LAW OFFICES
SNELBAKER & Date: July 30, 2007
BRENNEMAN, P.C.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013-3302
(717) 249-3166
SNELBA & BRENNEMAN, P.C.
By
Att eys or Plaintiff
i
ARVIN WINDOW & DOOR
SHOWPLACE, INC.,
Plaintiff
vs.
& K RESTORATIONS, LLC,
EROY K. GORDON and KAREN E.
ORDON,
Defendants
i
i
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.,
BACKGROUND
1. The Plaintiff is Marvin Window & Door Showplace, Inc., a corporation, having
its attorneys, Snelbaker & Brenneman, P.C., and avers the following causes of action:
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. Defendants Larry K. Gordon and Karen E. Gordon are the co-owners of L & K
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Restorations, LLC.
5. Plaintiff is in the business of selling, installing, restoring and replicating windows
and doors, frames and allied materials in new and existing buildings.
6. Defendant Leroy K. Gordon was an employee of Plaintiff until he resigned from
employment on May 31, 2007. Defendant Gordon was Plaintiffs project manager on
commercial projects and had intimate knowledge of Plaintiffs contracts with its customers.
i
7. At all times relevant hereto, Defendant L & K operated a business which
?eplicates 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.
8. At all times relevant hereto, Defendant Leroy K. Gordon was the principal
ber and representative of and for Defendant L & K in its dealings with Plaintiff.
9. Defendant L & K performed restoration, replication and prefinishing services for
Plaintiff as a subcontractor in Plaintiff's projects with its customers.
10. 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 co-owner 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 SL
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.
11. At all times relevant hereto, Plaintiff was entitled to lawful possession of the
7arious windows, doors, frames and moldings removed from the various projects with the
' consents through the general contractors to whom Plaintiff was a sub-contractor.
12. On May 31, 2007, Defendant Leroy K. Gordon submitted to Plaintiff his written
lion as an employee and informed Plaintiff to not enter upon Defendant L & K's business
13. On May 31, 2007, and at all times thereafter, the Defendants retained physical
session of various materials received under contract with Plaintiff (as more fully averred
inbelow), which said Defendants have failed and refused to return to or make available to
intiff, in violation of their contracts with Plaintiff.
14. On or about June 11, 2007, Defendant Leroy K. Gordon and Defendant L & K
demand upon Plaintiff through their attorney for payment via two checks:
A. A check for alleged unpaid wages, alleged unpaid vacation pay, alleged
unreimbursed expenses and alleged commissions due Defendant Leroy K.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Gordon, and
B. A check for alleged unpaid work invoices due Defendant L & K;
3
end 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
j 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
lace products" detained by Defendants in order to fulfill its obligations to its customers.
16. By letters dated June 18, 2007, June 25, 2007, and July 3, 2007 (July 20, 2007)
Plaintiff's attorneys to Defendants' attorney, demand was made for release of possession of
materials held by all Defendants.
17. The Defendants have failed and refused to release and deliver possession of the
ials to Plaintiff.
18. The subject personal property materials as more fully described hereinbelow are
hysically located at either or both of the following locations:
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
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania.
4
19. Defendants Leroy K. Gordon and Karen E. Gordon have no right to possession of
kny of the subject personal property materials.
20. By refusing to release the subject personal property materials, Defendant L & K
failed and refused to perform its duties under its contracts with Plaintiff and is in breach
COUNTI
Plaintiff v Defendant L & K and Defendants Leroy K. Gordon and Karen E. Gordon
(Baltimore School of Arts Project
21. The averments contained in paragraphs 1 through 20 hereinabove are incorporated
by reference thereto.
22. On or about January 2007, Plaintiff entered into a contract with C. A. Lindman,
.nc., the general contractor for restoration of an historical school building owned by Baltimore
1 of Arts to replicate and/or restore existing windows and other items ("Baltimore School
f Arts Project").
23. On or about January 2007, Defendant L & K entered into an oral contract with
Plaintiff to provide the restoration and replication work of the windows.
24. In the course of performing the parties' contract, Plaintiff delivered to Defendant
& K Restorations from time to time between January and May 2007, various items for
estoration and/or replication.
25. Plaintiff paid for all work performed by L & K Restorations as billed at various
LAW OFFICES
SNELSAKER SC
BRENNEMAN, P.G.
imes between January 16, 2007 and May 1, 2007, in the total amount of $75,796.85.
26. Plaintiff has recently discovered that Defendants have retained various items of
naterials needed for completing the Baltimore School of Arts Project.
5
27. On Monday, July 16, 2007, Robert L. Slagle, Vice-President of Plaintiff
tion, in telephone communication with Defendant Leroy K. Gordon, made oral demand
the release/delivery of the remaining materials for the Baltimore School of Arts Project,
ant Gordon promised to contact Mr. Slagle by telephone.
28. Defendant Leroy K. Gordon failed to contact Mr. Slagle or any other
ntative of Plaintiff concerning said release/delivery of the subject materials.
29. Plaintiffs' Attorneys by letter delivered to Defendants' attorney on Friday, July
0, 2007 by facsimile transmission (the letter having been inadvertently dated July 3, 2007)
demand for the immediate release/delivery of all materials relative to the Baltimore School
Arts Project.
30. In breach of the parties' contract, Defendants have failed to release possession of
y twenty (20) pairs of one-over-one window sash entrusted to Defendant L & K for
31. Plaintiff is entitled to possession of the foregoing items/material by permission of
owner by virtue of Plaintiff's contract with the owner's general contractor.
32. Defendants have wrongfully asserted a possessory lien on the above mentioned
tems/materials in violation of its contract with Plaintiff as averred above and, in any event, have
ved any such lien by the parties' custom, practice and course of dealing.
33. Defendant Leroy K. Gordon has no personal right of lien by contract, law or
otherwise.
34. The items/materials described above are historically unique and significant, and
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
are required by Plaintiff in-kind for its fulfillment of its contract with the owner's general
contractor.
6
35. Plaintiff has demanded return of the subject items/materials as averred in
16, 27 and 29 above, which demand Defendants have failed and refused to honor.
36. While continuing to deny Defendants' alleged possessory lien, but only in
liance with Pa. R.C.P. 1073.1 (a) (2), Plaintiff avers that the fair market value of the
sash described in paragraph 30 above is $7,000.00. However, for the purpose of
blishing a bond, Plaintiff avers that said window sash have no value since Plaintiff has paid
t for all work performed on said materials as averred in paragraph 25 above.
WHEREFORE, Plaintiff requests judgment against all Defendants for:
A. The return of the items/materials averred in paragraph 30 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
(In the alternative)
Plaintiff v. Defendant L & K and Defendants Leroy K. and Karen E. Gordon
37. The averments contained in paragraphs 1 through 36 hereinabove are incorporated
herein by reference thereto as though set forth in full.
38. Based upon information received, which Plaintiff believes to be true and correct,
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
some or all of the personal property sought to be recovered in Count I above has been removed
from the premises of L & K Restorations LLC to the residence of Defendants Leroy K. Gordon
7
Karen E. Gordon located at 186 Booz Road, Shippensburg (Hopewell Township),
mberland County, Pennsylvania.
39. Defendants Leroy K. and Karen E. Gordon have no right to hold, possess, retain
detain any of the items being the subject matter of this proceeding.
40. Demand has been made on behalf of the Plaintiff for relinquishment of possession
said personal property and delivery thereof to Plaintiff as averred in paragraphs 16, 27 and 29
. Defendants have failed and refused to relinquish possession and deliver the
to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendants Leroy K. Gordon and
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 2
char C. Snelbaker, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
8
VERIFICATION
I, ROBERT L. SLAGLE, do hereby certify that I am the President of Marvin Window &
Door Showplace, Inc., the Plaintiff in the foregoing Complaint, that I am authorized by said
Plaintiff to make this verification on its behalf, 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
penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities.
ted: July 30, 2007
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
I ??N)
''
Cf
r
MARVIN WINDOW & DOOR
SHOWPLACE, INC.,
vs.
Plaintiff
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: o?-•{y`/i
: IN REPLEVIN
MOTION FOR WRIT OF SEIZURE
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
to Pa. R.C.P. 1075.1 as follows:
1. Plaintiff has filed its Complaint in this action of replevin on July 30, 2007, a true and
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
as more specifically identified in Count I of said Complaint and elects to proceed pursuant to Pa.
.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, P.C.
Dated: July 30, 2007
SNELBA & BRENNEMAN, P.C.
By 4/ , - "'e
is ar C. Snelbaker, Esquire
44 West Main Street
(717) 697-8528
Mechanicsburg, PA 17055
Attorneys for 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 - YN y
: IN REPLEVIN
NOTICE
TO: 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
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
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
LP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013-3302
(717) 249-3166
LAW OFFICES
SNELBAKER & Date: July 30, 2007
BRENNEMAN, P.C. 1?
SNELBA & BRENNEMAN, P.C.
By
Att eys or Plaintiff
MARVIN WINDOW & DOOR
HOWPLACE, INC.,
VS.
Plaintiff
& K RESTORATIONS, LLC,
?ROY K. GORDON and KAREN E.
ORDON,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO: 07-4g7t
IN REPLEVIN
COMPLAINT
AND NOW, comes the Plaintiff, MARVIN WINDOW & DOOR SHOWPLACE, INC.,
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
I 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. Defendants Larry K. Gordon and Karen E. Gordon are the co-owners of L & K
LAW OFFICES
SNELBAKER SC
BRENNEMAN, RC.
Restorations, LLC.
5. Plaintiff is in the business of selling, installing, restoring and replicating windows
and doors, frames and allied materials in new and existing buildings.
6. Defendant Leroy K. Gordon was an employee of Plaintiff until he resigned from
loyment on May 31, 2007. Defendant Gordon was Plaintiff's project manager on
ial projects and had intimate knowledge of Plaintiff's contracts with its customers.
7. At all times relevant hereto, Defendant L & K operated a business which
and restores wooden window sash, doors, frames and moldings to meet historical
uirements, and prefinishes or paints interiors of windows and doors prior to installation.
8. At all times relevant hereto, Defendant Leroy K. Gordon was the principal
ber and representative of and for Defendant L & K in its dealings with Plaintiff.
9. Defendant L & K performed restoration, replication and prefinishing services for
Plaintiff as a subcontractor in Plaintiff's projects with its customers.
10. 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 Plaintiffs employee and co-owner 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.
11. At all times relevant hereto, Plaintiff was entitled to lawful possession of the
,arious windows, doors, frames and moldings removed from the various projects with the
' consents through the general contractors to whom Plaintiff was a sub-contractor.
12. On May 31, 2007, Defendant Leroy K. Gordon submitted to Plaintiff his written
signation as an employee and informed Plaintiff to not enter upon Defendant L & K's business
13. On May 31, 2007, and at all times thereafter, the Defendants retained physical
possession of various materials received under contract with Plaintiff (as more fully averred
below), which said Defendants have failed and refused to return to or make available to
intiff, in violation of their contracts with Plaintiff.
14. On or about June 11, 2007, Defendant Leroy K. Gordon and Defendant L & K
demand upon Plaintiff through their attorney for payment via two checks:
A. A check for alleged unpaid wages, alleged unpaid vacation pay, alleged
unreimbursed expenses and alleged commissions due Defendant Leroy K.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
Gordon, and
B. A check for alleged unpaid work invoices due Defendant L & K;
3
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
>howplace products" detained by Defendants in order to fulfill its obligations to its customers.
16. By letters dated June 18, 2007, June 25, 2007, and July 3, 2007 (July 20, 2007)
m Plaintiff's attorneys to Defendants' attorney, demand was made for release of possession of
1 materials held by all Defendants.
17. The Defendants have failed and refused to release and deliver possession of the
ials to Plaintiff.
18. The subject personal property materials as more fully described hereinbelow are
ysically located at either or both of the following locations:
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
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
186 Booz Road, Shippensburg (Hopewell Township), Cumberland County, Pennsylvania.
4
19. Defendants Leroy K. Gordon and Karen E. Gordon have no right to possession of
of the subject personal property materials.
20. By refusing to release the subject personal property materials, Defendant L & K
failed and refused to perform its duties under its contracts with Plaintiff and is in breach
CM TNT T
Plaintiff v. Defendant L & K and Defendants Leroy K. Gordon and Karen E. Gordon
(Baltimore School of Arts Project
21. The averments contained in paragraphs 1 through 20 hereinabove are incorporated
by reference thereto.
22. On or about January 2007, Plaintiff entered into a contract with C. A. Lindman,
., the general contractor for restoration of an historical school building owned by Baltimore
1 of Arts to replicate and/or restore existing windows and other items ("Baltimore School
f Arts Project").
23. On or about January 2007, Defendant L & K entered into an oral contract with
intiff to provide the restoration and replication work of the windows.
24. In the course of performing the parties' contract, Plaintiff delivered to Defendant
& K Restorations from time to time between January and May 2007, various items for
ion and/or replication.
25. Plaintiff paid for all work performed by L & K Restorations as billed at various
LAW OFFICES
SNELSAKER &
BRENNEMAN, P.G.
times between January 16, 2007 and May 1, 2007, in the total amount of $75,796.85.
26. Plaintiff has recently discovered that Defendants have retained various items of
materials needed for completing the Baltimore School of Arts Project.
5
27. On Monday, July 16, 2007, Robert L. Slagle, Vice-President of Plaintiff
>-lorporation, in telephone communication with Defendant Leroy K. Gordon, made oral demand
the release/delivery of the remaining materials for the Baltimore School of Arts Project,
efendant Gordon promised to contact Mr. Slagle by telephone.
28. Defendant Leroy K. Gordon failed to contact Mr. Slagle or any other
ve of Plaintiff concerning said release/delivery of the subject materials.
29. Plaintiffs' Attorneys by letter delivered to Defendants' attorney on Friday, July
0, 2007 by facsimile transmission (the letter having been inadvertently dated July 3, 2007)
demand for the immediate release/delivery of all materials relative to the Baltimore School
f Arts Project.
30. In breach of the parties' contract, Defendants have failed to release possession of
pproximately twenty (20) pairs of one-over-one window sash entrusted to Defendant L & K for
on.
31. Plaintiff is entitled to possession of the foregoing items/material by permission of
owner by virtue of Plaintiff's contract with the owner's general contractor.
32. Defendants have 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, have
ived any such lien by the parties' custom, practice and course of dealing.
33. Defendant Leroy K. Gordon has no personal right of lien by contract, law or
otherwise.
34. The items/materials described above are historically unique and significant, and
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
are required by Plaintiff in-kind for its fulfillment of its contract with the owner's general
contractor.
6
35. Plaintiff has demanded return of the subject items/materials as averred in
raphs 16, 27 and 29 above, which demand Defendants have failed and refused to honor.
36. While continuing to deny Defendants' alleged possessory lien, but only in
iliance with Pa. R.C.P. 1073.1 (a) (2), Plaintiff avers that the fair market value of the
c)w sash described in paragraph 30 above is $7,000.00. However, for the purpose of
lishing a bond, Plaintiff avers that said window sash have no value since Plaintiff has paid
ndant for all work performed on said materials as averred in paragraph 25 above.
WHEREFORE, Plaintiff requests judgment against all Defendants for:
A. The return of the items/materials averred in paragraph 30 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
(In the alternative)
Plaintiff v. Defendant L & K and Defendants Leroy K. and Karen E. Gordon
37. The averments contained in paragraphs 1 through 36 hereinabove are incorporated
herein by reference thereto as though set forth in full.
38. Based upon information received, which Plaintiff believes to be true and correct,
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
some or all of the personal property sought to be recovered in Count I above has been removed
from the premises of L & K Restorations LLC to the residence of Defendants Leroy K. Gordon
7
Karen E. Gordon located at 186 Booz Road, Shippensburg (Hopewell Township),
mberland County, Pennsylvania.
39. Defendants Leroy K. and Karen E. Gordon have no right to hold, possess, retain
detain any of the items being the subject matter of this proceeding.
40. Demand has been made on behalf of the Plaintiff for relinquishment of possession
said personal property and delivery thereof to Plaintiff as averred in paragraphs 16, 27 and 29
reinabove. Defendants have failed and refused to relinquish possession and deliver the
to Plaintiff.
WHEREFORE, Plaintiff demands judgment against Defendants Leroy K. Gordon and
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.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
SNELBAKER & BRENNEMAN, P.C.
By
ichar C. Snelbaker, Esquire
Snelbaker & Brenneman, P.C.
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff
8
VERIFICATION
I, ROBERT L. SLAGLE, do hereby certify that I am the President of Marvin Window &
Door Showplace, Inc., the Plaintiff in the foregoing Complaint, that I am authorized by said
Plaintiff to make this verification on its behalf, 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
eve to be true and correct. I understand that any false statements made herein are subject to
the penalties of 18 PA C.S. §4904 relating to unsworn falsification to authorities.
ated: July 30, 2007
LAW OFFICES
SNELSAKER &
BRENNEMAN, P.C.
C
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`rt
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4
JUL 3020D7Xt
MARVIN WINDOW & DOOR
SHOWPLACE, INC.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
BY THE COURT,
J.
vs.
CIVIL ACTION - LAW
L & K RESTORATIONS, LLC,
LEROY K. GORDON and KAREN E. NO: 07 _q y 7
GORDON,
Defendants IN REPLEVIN
ORDER OF COURT
AND NOW, this 3 ?14- day of , 2007, 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 day of , 2007, at d ' D o'clock, A.M., E.D.S.T., in
Court Room No. s 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.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
/L
tqlNVAIASNN3d
S :6 NV OE Inn LOOZ
AbVIONCt410dd 3U 40
30B.4 s-a3lU
MARVIN WINDOW & DOOR
SHOWPLACE, INC.,
Plaintiff
vs.
& K RESTORATIONS, LLC,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
?ROY K. GORDON and KAREN E. NO: 07-4471-Civil
DRDON,
Defendants IN REPLEVIN
ORDER OF COURT
AND NOW, this l ST day of August, 2007, on the motion of Snelbaker &
Brenneman, P.C., Attorneys for Plaintiff, the hearing on Plaintiff's Motion for Writ of Seizure
scheduled for August 1, 2007, in the above matter is continued generally. Either party may
request the rescheduling of said hearing.
BY THE COURT,
't? I ?'a
J.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
BE :6 WV 1- Onb IODZ
A8VIGNO Hlaad 3W, 30
301:00-0311A
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2007-04471 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MARVIN WINDOW & DOOR SHOWPLACE
VS
L & K RESTORATIONS LLC ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named RESPONDANT
L & K RESTORATIONS LLC but was
unable to locate Them in his bailiwick. He therefore returns the
-M TP" TTTT T T7 TTTt" 17 e-\ T) CM -r
OF PROPERTY, ORDER OF COURT, MOTION FOR WRIT OF
SEIZURE, NOTICE & COMPLAINT , NOT FOUND , as to
the within named RESPONDANT L & K RESTORATIONS LLC
1120 GREENSPRING RD
NEWVILLE, PA 17241
BUSINESS WAS NOT OPEN WHEN SERVICE WAS ATTEMPTED.
Sheriff's Costs:
Docketing 18.00
Service 13.44
Affidavit .00
Surcharge 10.00
00
S ?11?G 7 ? 41.44
So answers:
R. Thomas Kline
Sheriff of Cumberland County
00/00/0000
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2007-04471 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MARVIN WINDOW & DOOR SHOWPLACE
VS
L & K RESTORATIONS LLC ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named RESPONDANT , to wit:
GORDON LEROY K
unable to locate Him in his bailiwick.
NOTICE OF HEARING FOR SEI
but was
He therefore returns the
OF PROPERTY, ORDER OF COURT, MOTION FOR WRIT OF
SEIZURE, NOTICE AND COMPLAINT
the within named RESPONDANT GORDON LEROY K
186 BOOZ RD
SHIPPENSBURG, PA 17257
DEFENDANT IN OHIO ON VACATION, PER PHONE CALL FROM DEPUTY.
Sheriff's Costs:
Docketing 6.00
Service 17.28
Affidavit .00
Surcharge 10.00
.00
33.28
So answers
R. Thomas -KTi-n
Sheriff of Cumberland County
SNELBAKER & BRENNEMAN
07/31/2007
Sworn and Subscribed to before me
this day of
NOT SERVED , as to
A. D.
SHERIFF'S RETURN - NOT SERVED
CASE NO: 2007-04471 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MARVIN WINDOW & DOOR SHOWPLACE
VS
L & K RESTORATIONS LLC ET AL
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named RESPONDANT , to wit:
GORDON KAREN E
unable to locate Her in his bailiwick.
NOTICE OF HEARING FOR SEI
but was
He therefore returns the
OF PROPERTY, ORDER OF COURT, MOTION FOR WRIT OF
SEIZURE, NOTICE AND COMPLAINT
the within named RESPONDANT GORDON KAREN E
186 BOOZ RD
NOT SERVED , as to
SHIPPENSBURG, PA 17257
DEFENDANT IS ON VACATION IN OHIO.
Sheriff's Costs: So answers:-
Docketing 6.00
Service .00
R
Affidavit .00 Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
8 J 111 __
16.0 0 SNELBAKER & BRENNEMAN
07/31/2007
Sworn and Subscribed to befo re me
this day of ,
A. 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-t4w7i Cj u 11
: IN REPLEVIN
NOTICE OF HEARING FOR SEIZURE OF PROPERTY
L & K RESTORATIONS, LLC (Defendant)
and
LEROY K. GORDON (Defendant)
and
KAREN E. GORDON (Defendant)
YOU ARE HEREBY NOTIFIED that:
(1) 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 Wr1Nn.1f AY Ly>? 1 ,
2007, at 16:en o'clock A. M., E.D.S.T. in Court Room No. S- of the
Cumberland County Courthouse at Carlisle, Pennsylvania;
(3) You may appear in person or by a lawyer at the time and place set forth above or
file written 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.
LAW OFFICES
SNELBAKER &
BRENNEMAN, P.C.
MARVIN WINDOW & DOOR SHOWPLACE, INC.
(Name of Plaintiff)
and
SN LBAKER & BRENNEMAN, P.C.
gy ?--
Richard C. Snelbaker
Attorneys for Plaintiff
of Notice: Jc? 30 2007
ZflIG AI'R 21 ?? 1: ? 2
CUMpEi'st sYLIJANN1A
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 - 4471
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 & NJKNIGJJT, P.C.
By: "' Marc s A. Akogfthrr, I, Esquire
60 est Pomfret Street
Car 'sle, 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 PLEAa ur'
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 4471
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 & McKNJGHT, P.C.
By: Marcus X. McKniWt, III, Esquire
60 Wes omfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: April 21, 2010
2
~~
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.
for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
MARVIN WINDOW & DOOR SHOWPLACE, INC.,
The trial list will be called on
~dc AUGUST 31, 2010
Trials commence on SEPTEMBER 20, 2010
Pretrials will be held on SEPTEMBER 8, 2010
(Briefs are due S days before pretrials
No. 2007 - 4471 Term
IN REPLEVIN '
(other)
vs.
(Plaintiff)
L&K RESTORATIONS, LLC,
LEROY GORDON and
KAREN E. GORDON
vs.
(Defendant)
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 & BRENN
This case is ready for trial.
Date: JULY 15, 2010
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®Civil Action -Law ~ c
^ Appeal from arbitration
P.C.
Print Name: 1'~ARCUS A.
Attorney for:. DEFENDANTS
III
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MARVIN WINDOW & DOOR IN THE COURT OF COMMON PLEAS OF
SHOWPLACE, INC., :CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V. :
- ~, ~~
L&K RESTORATIONS, LLC, ~_= ~ -°"'
~ ~ - - C t r ~ --~
LEROY GORDON AND ~-' ~ `^'R ~~
~ -,'.;
KAREN GORDON, _
DEFENDANTS NO. 07-4471 CIVIL .; - ~
~ ~,.,
- 3 ~,,
IN RE: NON-JURY TRIAL -= _ ~~
~; , ~.-~
o .
ORDER OF COURT
AND NOW, this 5th day of August, 2010, the Counsel for Defendant having
requested that the above captioned matter be listed for aNon-Jury Trial and Plaintiff s
Counsel having advised the Court that Defendant Leroy Kenneth Gordon f/d/b/a L & K
Restorations, LLC, filed for chapter 13 bankruptcy case on March 2, 2010, in the US
Bankruptcy Court for the Middle District of Pennsylvania;
IT IS HEREBY ORDERED AND DIRECTED that the case will not be listed for
Non-Jury Trial until Defendant provides this Court with an Order from the Bankruptcy
Court lifting the automatic stay.
By the Court,
~n~
~ Keith Brenneman, Esquire
Richard Snelbaker, Esquire
Attorneys for Plaintiff
M. L. Ebert, Jr.,
J.
~rcus McKnight, Esquire
Attorney for Defendant
bas
t~'t , t~ M, ~ h - ~ S
g~~~v
r ,~
MARVIN WINDOW & DOOR
SHOWPLACE, INC.,
PLAINTIFF
V.
L&K RESTORATIONS, LLC,
LEROY GORDON AND
KAREN GORDON,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
c~ ~~
: 1 r -
NO. 07-4471 CIVIL
~~
.^.
IN RE: NONtiIURY TRIAL ~ _~
ORDER OF COURT
AND NOW, this 10th day of August, 2010, the non jury trial in the above referenced case
has been assigned to this Court. Prior to setting an actual trial date,
IT IS HEREBY ORDERED AND DIRECTED that the parties in this case file apre-trial
memorandum with the Court on or before September 30, 2010, in the following format:
I. A concise statement of factual issues to be decided at trial.
II. A list of witnesses the party intends to call at trial along with a concise statement of
their anticipated testimony.
III. A list of all exhibits each party anticipates presenting at trial.
IV. A statement of any legal issues each party anticipates being raised at trial along with
copies of any cases which may be relevant to resolution of the stated issue.
V. An estimate of the anticipated time needed for the party to present its case.
Upon receipt and review of these memorandums, the Court will set a trial date for this
case.
By the Court,
M. L. Ebert, Jr.,
~ Keith Brenneman, Esquire
Richard Snelbaker, Esquire
Attorneys for Plaintiff
v Marcus McKnight, Esquire
Attorney for Defendant
bas
C4p~c5 ~tct.'~.ed ~~/l~/d
~~G~
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,
Defendants
VS.
LIGHTSTYLES, INC.,
Additional Defendant
IN RE: NONJURY TRIAL
ORDER
rn T1
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
'chard C. Snelbaker, Esquire
eith Brenneman, Esquire
For the Plaintiff'
Marcus A. McKnight, III, Esquire
or the Defendants
Court Administrator
Am
•
MARVIN WINDOW & DOOR IN THE COURT OF COMMON
SHOWPLACE, INC. PLEAS OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs. NO. 2007 - 4471 CIVIL TERM
L&K RESTORATIONS, CIVIL ACTION - LAW
LLC, LEROY CORDON and IN REPLEVIN
KAREN E. CORDON,
Defendants. o~G~~
DEPOSITION OF: PHILLIP D. STOI~TZFUS
TAKEN BY: Plaintiff
BEFORE: Tracy L. Dominico
Court Reporter, Notary Public
DATE: August 25, 2010, 9:45 a.m.
•
•
PLACE: Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania
_.S ,:a ~
APPEARANCES: ~
'_ ~
~ _
SNELBAKER & BRENNEMAN r `- ~ ~ ~ ' ~-~'
BY : KEITH BRENNEMAN, ESQUIRE AND ..~.-.
~ _
~`
-
~! ~-_
RICHARD C. SNELBAKER, ESQUIRE ~ "' ~ ~~-
FOR - PLAINTIFF y
~-~ P;.
IRWIN & McKNIGHT ~~~ ~ '
BY: MARCUS A. McKNIGHT, III, ESQUIRE
FOR - DEFENDANTS
ALSO PRESENT: LEROY K. CORDON
ROBERT L. SLAGLE
Reporting Services
>7 • 717-258-3657 • 717-258-0383 fax
courtreporters4uC~aol, com
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INDEX TO TESTIMONY
DEPONENT EXAMINATION
Phillip Stoltzfus By Mr. McKnight
By Mr. Brenneman
By Mr. Snelbaker
NO.
(None.)
INDEX TO EXHIBITS
DESCRIPTION
PAGE
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STIPULATION
It is hereby stipulated by and between
the respective parties that all objections except
as to the form of the question are reserved until
the time of trial.
MR. McKNIGHT: If at any time you don't
understand what I've asked you, ask me to repeat
it. I'm sure your attorney will object to the form
of the question if it's improper in some fashion.
If you need to take a break and talk to your
counsel, that's perfectly acceptable. That's fine.
PHILLIP D. STOLTZFUS, after having been
first duly sworn, was examined and testified as
follows:
EXAMINATION
BY MR. McKNIGHT:
Q. State your name, please, for the record,
please, and spell your last name just so we're
clear.
A. Phillip D. Stoltzfus. That's
S-t-o-l-t-z-f-u-s.
25 Q. And where do you reside? Where is your
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home address?
A. 71 Shefford Drive, Elizabethtown, PA
17022.
Q. And who is your employer?
A. Lightstyles Limited.
Q. What's your position with Lightstyles
Limited?
A. I'm controller.
Q. Are you also familiar with Marvin Window
and Showp lace?
A. Yes, I am.
Q. Marvin Window & Door Showplace, Inc.?
A. Yes.
Q. And do you have any position with that
company?
A. I'm also the controller for them, too.
Q. How long have you served in those dull
roles as controller for both companies?
A. Since about 1997.
Q. So you been there almost from the
beginning of Lightstyles? And you were there, I
guess, when they acquired Marvin Windows.
MR. BRENNEMAN: Objection. That's not a
question.
MR. McKNIGHT: I will ask it in the form
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of a question.
MR. BRENNEMAN: That would be
appreciated.
BY MR. McKNIGHT:
Q. For Lightstyles you were there almost
from the beginning of that company. Is that
correct?
A. Correct.
Q. And when Marvin Window & Door Showplace,
Inc. was acquired by Robert Slagle and his wife,
you were also then hired as controller. Is that
correct?
A. Correct.
Q. What are your duties as controller for
Lightstyles Limited?
A. Managing the accounting department,
finances.
Q. Do you have individuals who work under
you?
A. Yes, I do.
Q. How many people do you supervise?
A. One directly, and we also have, since
we're a smaller company, a couple that-help out.
Q. On a part-time basis?
A. well, they have other roles, but they
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help with invoicing.
Q. How about for Marvin Windows as
controller; do you supervise any other personnel?
A. No, not beyond what I just mentioned.
Q. Do the same personnel do work for both
Lightstyles Limited and for Marvin Windows?
MR. BRENNEMAN: Objection to the form of
the question. Are you referring to the personnel
underneath him that you just described?
MR. McKNIGHT: I'm talking about the
personnel underneath him.
MR. BRENNEMAN: Okay.
BY MR. McKNIGHT:
Q. Do the personnel underneath you work for
both companies?
A. Some, yes.
Q. How do you allocate their salaries to
the company?
A. 100 paid by Lightstyles.
Q. So Lightstyles pays all of your
accounting employees?
A. Yes.
Q. Is that who pays you?
A. Yes.
25 I Q. So you don't get a separate check from
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Marvin Windows?
A. No.
Q. Do you keep separate accounting records
for both companies?
A. Yes.
Q. Are the same records for Marvin Windows
used for all purposes for taxes for depreciation?
Or do you have different accounts for different
reasons?
MR. BRENNEMAN: Object to the form of
the question. It's compound.
BY MR. McKNIGHT:
Q. Do you have one set of books for Marvin
Windows?
MR. BRENNEMAN: I'm going to object to
the question generally.
MR. McKNIGHT: To the form of the
question?
MR. BRENNEMAN: I'm objecting to the
form of the question. And I'm going to ask him not
to answer unless you can establish that there's
some basis or an issue in the cases that deal with
the inner relationship between the two entities in
terms of recordkeeping or otherwise.
We went through this with Mr. Slagle.
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You're now trying to do the same thing with this
witness. And I'm not sure what, if anything, it
has to do with litigation. How is that in the
pleadings? Let me put it that way.
MR. McKNIGHT: Lightstyles is an entity
in at least one of the cases in the pleadings.
MR. BRENNEMAN: No, no. Lightstyles,
Inc. has been identified. It's not Lightstyles
Limited. So that's why I asked these -- you've
given -- I've given you some leeway on that.
But I don't want to spend any more time
getting into that issue unless there is one. And
according to the pleadings and issues read by the
pleadings, there is no issue.
BY MR. McKNIGHT:
Q. Let me ask this question: Is there an
entity known as Lightstyles, Inc. that you're aware
of?
A. Lightstyles LTD.
MR. SNELBAKER: No. Answer the
question.
MR. BRENNEMAN: Did you understand the
question that he asked?
MR. SNELBAKER: Did you understand the
question?
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THE DEPONENT: Not completely.
BY MR. McKNIGHT:
Q. We have identified -- I didn't identify
it. But previous counsel identified Lightstyles,
Inc. Do you do work for Lightstyles, Inc.?
A. No.
Q. Do you do for work for Lightstyles LTD?
A. Yes.
Q. Is that a different company than
Lightstyles Limited?
A. I don't understand. I mean --
Q. Is Lightstyles LTD the same company as
Lightstyles Limited?
A. No.
Q. So those are two separate companies?
MR. BRENNEMAN: Can we go off the
record?
(A discussion was held off the record.)
BY MR. McKNIGHT:
Q. Tell us a little bit about your
background. Have you gone to high school?
A. Yes.
Q. Where did you graduate from high school?
A. Lancaster Mennonite High School.
Q. And what year did you graduate?
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A. 1986.
Q. Have you had training beyond high
school?
A. Yes, I have a bachelor's in accounting.
Q. And where did you receive your
bachelor's in accounting?
A. Eastern Mennonite University.
Q. When did you receive that degree?
A. 1990.
Q. And your date of birth?
A. 11/18/67.
Q. How did you first meet --
(Interruption.)
MR. BRENNEMAN: Do want to do her
deposition?
MR. McKNIGHT: Yes.
(The deposition concluded at 9:58 a.m.)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
j SS.
I, Tracy L. Dominico, a Court
Reporter-Notary Public authorized to administer
oaths and take depositions in the trial of causes
and having an office in Mechanicsburg,
Pennsylvania, do hereby certify that the foregoing
is the testimony of PHILLIP D. STOLTZFUS.
I further certify that before the taking
of said deposition the witness was duly sworn; that
the questions and answers were taken down stenotype
by the said Reporter-Notary and afterwards reduced
to computer printout under the direction of said
Reporter.
I further certify that the proceedings
and evidence are contained fully and accurately in
the notes taken by me on the within deposition to
the best of my ability, and that this copy is a
correct transcript of the same.
In testimony whereof, I have hereunto
inscribed my hand this 16th day of September, 2010.
,(~
NOTARIAL SEAL
TRACY L DOMINICO
Notary Public
HAMPDEN T1NP, CUMBERLAND COUNTY
My Commission Expires Nov 12, 2011
Tr~Z~ L. Dominico
Court Reporter-Notary Public
MARVIN WINDOW & DOOR IN THE COURT OF COMMON
SHOWPLACE, INC. PLEAS OF CUMBERLAND COUNTY,
Plaintiff, PENNSYLVANIA
vs. NO. 2007 - 4471 CIVIL TERM
L&K RESTORATIONS, CIVIL ACTION - LAW
LLC, LEROY GORDON and IN REPLEVIN
KAREN E. GORDON,
Defendants.
DEPOSITION OF : SUSAN DFI2~_R
TAKEN BY: Plaintiff
BEFORE: Tracy L. Dominico
Court Reporter, Notary Public
DATE: August 25, 2010, 9:58 a.m.
s
PLACE: Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania
APPEARANCES:
SNELBAKER & BRENNEMAN
BY: KEITH BRENNEMAN, ESQUIRE AND
RICHARD C. SNELBAKER, ESQUIRE
FOR - PLAINTIFF
IRWIN & McKNIGHT
BY: MARCUS A. McKNIGHT, III, ESQUIRE
FOR - DEFENDANTS
ALSO PRESENT: LEROY K. GORDON
ROBERT L. SLAGLE
•
Reporting Services
57 • 717-258-3657 • 717-258-0383 fax
courtreporters4uC~aol. com
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INDEX TO TESTIMONY
DEPONENT EXAMINATION PAGE
Susan DeRemer By Mr. McKnight 4
By Mr. Brenneman --
By Mr. Snelbaker --
INDEX TO EXHIBITS
NO. DESCRIPTION PAGE
(None.)
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MR. McKNIGHT: Same stipulations?
MR. BRENNEMAN: Yes.
STIPULATION
It is hereby stipulated by and between
the respective parties that all objections except
as to the form of the question are reserved until
the time of trial.
SUSAN DEREMER, after having been first
duly sworn, was examined and testified as follows:
EXAMINATION
BY MR. McKNIGHT:
Q. I'll tell you what I told the others
then, and that is if you don't understand the
question that I asked, ask me to repeat it. If you
need to take a break or talk to your counsel, you
can do that.
A . Okay .
Q. You've already given us your name. What
is your address, your home address?
A. 8 Fox Hill Court, Mechanicsburg,
Pennsylvania 17050.
Q. Are you employed?
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A . I am .
Q. Whom are you employed by?
A. First Choice Rehabilitation Specialists,
Lightstyles Limited.
Q. Those are two separate businesses?
A. Yes.
Q. The first business, are you an owner of
that one?
A. I am not.
Q. So you work for someone else?
A. I do.
Q. Is your husband involved in that
business?
A. No.
Q. But your husband is involved in
Lightstyles. Is that correct?
A. Yes.
Q. And it's Lightstyles Limited or LTD?
A. LTD, yes.
Q. What is your -- how are you paid? Who
pays? Who signs your paycheck?
MR. BRENNEMAN: Are you talking about
Lightstyles?
MR. McKNIGHT: Yes, for Lightstyles.
A. My husband does.
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Q. Do you have any position with
Lightstyles?
A. I'm an officer.
Q. What office do you hold?
A. I think I'm vice president.
Q. So you're vice president of Lifestyles?
A. I think I'm vice president and
secretary. I'm not the treasurer.
Q. I take it from your last answer that the
finances for Lightstyles Limited is controlled by
your husband, is that correct, or managed by your
husband? Is that a better word?
A. I guess.
Q. Now, are you familiar with Marvin Window
& Door Showplace, Inc.?
A. I am.
Q. Are you also associated with that
comnanv?
A . I am .
Q. What is your position with that company?
A. I'm named president.
Q. You're named president?
A. Yes.
Q. Do you actually serve as president?
A. I don't know how to answer that
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question. I guess, yeah.
Q. How long have you had these -- how long
have you had the position of president of Marvin
Window & Door Showplace, if you know, if you
remember?
A. I don't know.
Q. Do you go into work every day for
Lightstyles Limited or for Marvin Window?
A. No.
Q. How often on the average do you actually
go to the office for Lightstyles Limited?
A. Do you mean to the building? Is that
what you're asking me.
Q. Yes, where the office is located.
A. A couple times a month, maybe.
Q. And I understand that you are the owner
of the real estate in which the office is located?
A. I am.
Q. And that you're paid rent by the
companies?
A. Yes.
Q. Do you get one rent check every month
from Lightstyles? Or do you get one check from
Lightstyles and one check from Marvin Windows?
A. I honestly don't know.
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Q. And that's because your husband takes
care of th e finances?
A. Yes.
Q. Do you know Leroy Gordon?
A. Yes.
Q. How long have you known Leroy?
A. 20 years.
Q. Okay. When were you married to your
husband?
A. 1991.
Q. And that was before Lightstyles Limited
was incorp orated. Is that right?
A. Correct.
Q. Back in 2006 and 2007 were you familiar
at all wit h L&K Restorations, LLC?
A. No.
Q. Were you still going to the office once
or twice a month at that time or were you going in
more often than that?
A. I don't know.
Q. Don't remember?
A. No.
Q. But in terms of the finances, your
husband was still, compared to you, knowledgeable
about the finances?
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A. Correct.
Q. So if I asked you whether or not
Mr. Gordon was being paid for his invoices by
either Marvin or by Lightstyles Limited, you
wouldn't be able to tell me that?
A. No.
MR. SNELBAKER: Is that correct?
THE DEPONENT: Oh, is it correct? I'm
sorry. Yes, yes, it's correct; I would not be able
to.
BY MR. McKNIGHT:
Q. In your role as president of Marvin
Windows and as vice president of Lightstyles
Limited, did you ever have any occasion to discuss
company issues with Mr. Gordon?
A. No.
Q. So you had no responsibilities about
Mr. Cordon's management --
A. No.
Q. -- while he was an employee of Marvin
Windows I believe.
A. No.
MR. SNELBAKER: Is that correct?
THE DEPONENT: I'm sorry. You are
correct.
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BY MR. McKNIGHT:
Q. Thank you. The name of the other
business that you work for on a full-time basis is
what again?
A. It's not full time; First Choice
Rehabilitation Specialists.
Q. How many days do you work for First
Choice?
A. It varies.
Q. Did we pull you away from First Choice
today?
A . You did .
Q. I apologize for that. What exactly do
you do for First Choice?
A. I'm a license physical therapist.
Q. Do you have any business training,
formal business training, beyond high school? Have
you gone to school beyond high school?
A. Yes.
Q. Where have you gone to school?
A. Ithaca College.
Q. What was your major?
A. Physical therapy.
Q. And it was physical therapy. Have you
had any other specialized training after college?
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A. Are you talking about degrees?
Q. Yes, degrees or graduate school.
A. I have a long list of continuing
education and job training.
Q. Understood. All of that is in physical
therapy?
A. Most of it.
Q. Any of your continuing education in
accounting or bookkeeping or business courses?
A. No.
MR. McKNIGHT: Those are all the
questions that I have.
(The deposition concluded at 10:09 a.m.)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
j SS.
I, Tracy L. Dominico, a Court
Reporter-Notary Public authorized to administer
oaths and take depositions in the trial of causes
and having an office in Mechanicsburg,
Pennsylvania, do hereby certify that the foregoing
is the testimony of SUSAN DEREMER.
I further certify that before the taking
of said deposition the witness was duly sworn; that
the questions and answers were taken down stenotype
by the said Reporter-Notary and afterwards reduced
to computer printout under the direction of said
Reporter.
I further certify that the proceedings
and evidence are contained fully and accurately in
the notes taken by me on the within deposition to
the best of my ability, and that this copy is a
correct transcript of the same.
In testimony whereof, I have hereunto
inscribed my hand this 16th ay of September, 2010.
NOTARIAL SEAL y
TRACY L DOMINICO Tr y~ DOminic0
Notary Public Court Reporter-Notary Public
HAMPDEN TyYp, CUMBERLAND COUNTY
My Commission Expires Nov 12, 2011
•
MARVIN WINDOW & DOOR
SHOWPLACE, INC.
Plaintiff,
vs.
L&K RESTORATIONS,
LLC, LEROY GORDON and
KAREN E. GORDON,
Defendants.
O~tIGII~TA~,
•
DEPOSITION OF:
TAKEN BY:
BEFORE
DATE:
PLACE:
APPEARANCES:
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2007 - 4471 CIVIL TERM
CIVIL ACTION - LAW
IN REPLEVIN
ROBERT L. BEAGLE
Plaintiff
Tracy L. Dominico
Court Reporter, Notary Public
August 25, 2010, 9:00 a.m.
Irwin & McKnight
60 West Pomfret Street'~~'
Carlisle, Pennsylvanra
~_;.,
~„
_.~
"".1
SNELBAKER & BRENNEMAN
BY: KEITH BRENNEMAN, ESQUIRE AND
RICHARD C. SNELBAKER, ESQUIRE
FOR - PLAINTIFF
IRWIN & McKNIGHT
BY: MARCUS A. McKNIGHT, III, ESQUIRE
FOR - DEFENDANTS
i
ALSO PRESENT: LEROY K. GORDON
RECEIVED
'SEP 2 ~~ 2010
IRWIN & McKNIGHT
LAW OFFICES
Reporting Services
57 • 717-258-3657 • 717-258-0383 fax
courtreporters4uC~aol. com
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INDEX TO TESTIMONY
DEPONENT EXAMINATION PAGE
Robert L. Slagle By Mr. McKnight 4
By Mr. Brenneman --
By Mr. Snelbaker --
INDEX TO EXHIBITS
NO. DESCRIPTION PAGE
(None.)
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MR. McKNIGHT: Now is the time and place
that we set for the depositions. Before we get
started, we're going to have the usual stipulations
which means we're going to reserve objections until
trial except to the form of the questions which we
can make now.
And I understand that the Plaintiffs who
are being deposed today, at least your witnesses
that we're deposing today, want to read and sign
the deposition?
MR. BRENNEMAN: Right.
MR. McKNIGHT: And we have no objection,
of course, to that. Before we get started, we
provided some refreshments. We would have a full
course spread if I thought it would get the case
resolved, but there's no indication of that at the
moment.
But the reality is that we want you to be
comfortable with what you're telling us today. If
at any point you need to take a break for whatever
reason -- I don't think we're going to be here all
day -- but if you need to a take a break, just let
your counsel know and we can do that.
If you don't understand a question that I
ask you, ask me to repeat it. I'll be happy to do
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that or rephrase that. Normally with practice, I
can make most questions understandable. So we'll
get started. Do you want to swear the witness?
ROBERT L. BEAGLE, after having been first
duly sworn, was examined and testified as follows:
EXAMINATION
BY MR. McKNIGHT:
Q. Just state your name for the record,
please.
A. Robert L. Slagle.
Q. And your current home address?
A. 8 Foxfield Court, Mechanicsburg,
Pennsylvania 17050.
Q. Just keep your voice up. If she can hear,
I'm sure her recording device can hear too. Are
you under any disability for today's deposition?
Do you have any issues or problems health-wise?
A. No.
Q. Have you had any sort of -- it's a little
early in the morning. It's just after 9:00. Have
you had any alcohol or any other drugs that would
somehow inhibit your ability to answer the
questions clearly?
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A. No.
Q. Tell me about your business address. I
guess you have various businesses. Can you first
of all list the various businesses that you're
involved in currently?
A. Marvin Window & Door Showplace, Inc. and
Lightstyles Limited.
Q. where are those two business located? Do
they have the same business address or a different
address?
A. Right now it's 1261 Clairmont Road,
Carlisle, Pennsylvania.
Q. And do either of those businesses own the
property in which they're currently located?
A. No, they do not.
Q. Whom are you leasing from?
A. From family, from us.
Q. So you have a family ownership of the real
estate and you lease to the businesses. Is that
correct?
A. Correct.
Q. Who are the family owners of the real
estate?
A. 1261 Fairmont Road would be
Susan DeRemer Slagle.
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Q. So Susan owns 1261, and both businesses
have leases with her. Are there separate leases or
one lease for both businesses?
A. There's one lease at this point.
Q. Okay. All right. Tell us a little bit
about yourself. What's your date of birth?
A. 7/30/41.
Q. And where did you go to high school?
A. Northern High School.
Q. Northern York County?
A. Yes.
Q. Did you go to any schooling after high
school?
A. Yes.
Q. Where did you go?
A. I went to Thompson Business School.
Q. Is that in Harrisburg?
A. Yes. I went to courses at Northwestern
University Kellog School which is part of the
Northwestern University.
Q. And that's located in Chicago.
A. In Chicago. And also some marketing
courses at Columbia University.
Q. In New York?
A. Yes.
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Q. When did you take your last marketing
course at Columbia?
A. Probably 1980, '81, somewhere in there.
Q. Now, you mentioned two businesses; one is
Marvin Window & Door Showplace, Inc. Is that a
corporation?
A. Correct.
Q. Who is the owner of the corporation? Who
are the shareholders?
A. Susan DeRemer Slagle and Robert L. Slagle.
Q. And then there's also another business,
Lightstyles. Is that correct?
A. Uh-huh.
Q. What's the full name of Lightstyles?
A. Lightstyles Limited.
Q. Who are the owners of Lightstyles Limited?
A. The same two people.
Q. Are you equal owners or unequal owners in
these businesses?
A. Equal.
Q. Is there a difference between what each
business does? What does Marvin Window & Door
Showplace do?
A. Marvin Window & Door Showplace is a dealer
for Marvin Windows & Doors.
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Q. Is it's a wholesale business or retail?
A. It's more of a retail.
Q. Okay. And how about Lightstyles?
A. Lightstyles is also a distributor for
Marvin Window & Door Products and they're a
distributor or a wholesaler.
Q. Okay. So Lightstyles is a wholesaler, and
Marvin is more a retail operation?
A. Uh-huh.
Q. Some people have referred to Lightstyles
being a parent company, but that's really not true.
They're independent companies?
A. That is not true. That's correct. That's
not true.
Q. Okay. Because the same people are the
owners of each company, do you keep separate books
for each one?
A. Correct, we do.
Q. Okay. You have the ability, though, I
suppose for cash flow purposes to move money back
and forth between the two entities, I assume?
A. Well --
MR. BRENNEMAN: Hold on. Is that a
question?
MR. McKNIGHT: That's a question.
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BY MR. MCKNIGHT:
Q. Is that a good assumption --
A. No.
Q. That you can move money back and forth
between the two entities?
A. Only from the standpoint in what they
purchase from Lightstyles, make purchases from
Lightstyles; that's the only way it moves.
Q. But there would be nothing to prohibit you
from loaning money from one to the other on a
temporary basis if you needed cash flow?
MR. BRENNEMAN: Is that a question?
MR. MCKNIGHT: That's a question.
MR. BRENNEMAN: Okay.
A. I guess it's possible we could do that.
Q. Who handles the bookkeeping for Marvin
Windows?
A. Phillip Stoltzfus.
Q. All right. So he is the bookkeeper?
Accountant? What is he, a bookkeeper, accountant?
A. Controller.
Q. Controller for Marvin. And who's the
controller for Lightstyles?
A. Phillip Stoltzfus.
Q. Okay. The same person takes care of both
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books for both businesses. Is that correct?
A. That's correct.
Q. Okay. Now, tell us a little bit about
your history prior to starting these businesses.
First of all, when was Marvin started? What year?
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A. October 1, 1995.
Q. Marvin was --
No, wait a minute.
A. No, no, that's wrong. Lightstyles was
October 1, 1995. Marvin Window & Door Showplace
was sometime in 1984 and was not started by us.
Q. So you bought Marvin from somebody else?
A. Correct.
Q. Was it the previous distributor or
retailer?
A. Retailer.
Q. Do you remember his name?
A. Yes.
Q. Who was it?
A. Eddie Boyko.
Q. Was it Edward or Eddie?
A. Probably Edward.
Q. And do you know where he is or what
happened to him?
A. I don't know where he is.
Q. Okay. Lightstyles started, though, nine
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years before. And it was you and your wife started
it. Is that correct?
A . Yes .
Q. Please make verbal responses because it's
harder for her to write down body movements as
opposed to verbal responses.
A. Okay.
Q. Now, prior to that you had a history in
the sort of millwork window business. Is that
correct?
A . Yes .
Q. You worked previously for Morgan Millwork.
Is that correct?
A. Yes.
Q. Okay. And what kind of positions did you
hold for Morgan Millwork?
A. Everything from president down to billing
clerk.
Q. So were you the president of the company
at some point?
A . Yes .
Q. Do you remember when you were president?
A . Yes .
Q. When was that?
A. 1980 to 1986.
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Q. And you were president from 1986 until
when?
A. Please repeat that.
Q. You were president of Morgan Millwork from
1986 until?
A. No. I said I was from 1980 to 1986.
Q. 1980 to 1986. Okay. And what happened in
1986?
A. I went to work for a company called Adam
Wholesalers.
Q. Now, as president did you voluntarily
resign or were you forced to resign?
A. It was a mutual agreement after a leverage
buyout by some other folks that had different
opinions.
Q. Okay. So the Morgan was bought out by a
different company. And you didn't -- your
ownership wasn't sufficient to protect your
presidency. Is that correct?
A. That's correct.
Q. And that happened in 1986?
A. Correct.
Q. And then you moved over to Adam
Wholesalers. Was there a division called Mid
Atlantic Millwork?
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A. Yes.
Q. Did you work for Mid Atlantic or did you
work for Adam?
A. I worked for Adam.
Q. And what was your initial position with
them?
A. Vice president.
Q. What were your responsibilities for Adam?
A. I guess I oversaw the eastern division for
Adam Wholesale.
Q. Eastern division covered the east coast of
the US?
A. No. There's blants that we had in the
east.
Q. Okay. You started there probably around
'86 when you ended at Morgan. Is that correct?
A. Yes.
Q. And when did you leave Adam Wholesalers?
A. October 1, 1995.
Q. And that was when Lightstyles was started?
A. Correct.
Q. At the time you left Adam Wholesalers on
October 1, 1995 what was your position with the
company?
A. Vice president.
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Q. Was there a reason that you left at that
time?
A. Yes. I left to start my own company.
Q. .Okay. Isn't it true there was an issue
that came up about suggestions that you
had -- well, questions about inventory that perhaps
had left the control of Adam Wholesalers?
A. No.
Q. There was no questions about that?
A. No.
Q. So your position is today that you
voluntarily left Adam Wholesalers to start your own
business, and that you were not under any cloud as
you left?
MR. BRENNEMAN: Is that a question~~
MR. McKNIGHT: It's a question.
MR. BRENNEMAN: Is it your position, is
what he stated.
A. Correct.
Q. You started Lightstyles in 1995. Who is
president of Lightstyles?
A. I am.
Q. When you bought Marvin Windows, who became
president of Marvin Windows?
A. Susan did.
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Q. And is she still president of Marvin?
A. Yes.
Q. When did you first come to know Leroy
Gordon?
A. 1972.
Q. And how did you know him then?
A. He was an employee of Morgan Miller
Company.
Q. So you were his boss or one of his bosses?
A. At some point, not at that point, but
later, yes.
Q. And what sort of work did he do for
Morgan?
A. At that point he worked in the door shop.
Q. And that would mean that he did what?
A. Assembly.
Q. And by the time you left Morgan, was he
still with the company?
A. He was not when I left Morgan. He wasn't
with the company at that point.
Q. When you went to Adam Wholesalers, was
there a time when he became an employee of Adam
Wholesalers?
A. That is correct.
Q. When was that, if you know?
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A. Probably 1987 our 1988. I'm not exactly
sure.
Q. Did you hire him?
A. Yes.
Q. What did you hire him to do?
A. Sales territory.
Q. So he was a salesman?
A . Right .
Q. What are the responsibilities for Adam
Wholesalers as a salesman? What did he do?
A. Call on dealerships to sell our product
lines.
Q. So you'd have to have some knowledge of
your pricing of your products? Is that correct?
A. Yes.
Q. And you'd have to have some knowledge of
where your distributors were? And so he eventually
developed relationships with the distributors?
MR. BRENNEMAN: Objection. Compound
question. Statement of knowledge and then
relationship.
BY MR. McKNIGHT:
Q. He would have a relationship with the
distributors. Is that correct?
A. Distributors is the right term. The
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answer would be no.
Q. Okay. The people he was selling to what
were they called?
A. Dealers.
Q. Dealers. So he would have a relationship
with the dealers. Is that correct?
A . Yes .
Q. When you left Adam Wholesalers, what was
his position with Adam, if you know?
A. When I left Adam, he wasn't with Adam
anymore.
Q. Okay. So he left Adam before you did?
A. Correct.
Q. What was the last position that you know
of that he held with Adam?
A. Salesman.
Q. Were you his direct supervisor or were
there other people between you and him?
A. There was some other people.
Q. When did you hire him for any of your
companies?
A. 2003 I believe.
Q. Okay. And when did you -- which company
hired him in 2003?
A. Marvin Window & Door Showplace.
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Q. What was his position with Marvin Window &
Dorr Showplace?
A. Initially it was estimator.
Q. What would he estimate?
A . Jobs .
Q. Jobs. So he would go out with his
knowledge of product? He would estimate jobs for
the company, for Marvin Windows?
MR. BRENNEMAN: Objection. Is that a
question?
MR. McKNIGHT: Yes.
MR. BRENNEMAN: I hate to keep
interrupting. But --
MR. McKNIGHT: Sorry.
MR. BRENNEMAN: -- I would just prefer to
have the questions formed in the form of a
question.
MR. McKNIGHT: I think that's the way
it's in Jeopardy too.
MR. BRENNEMAN: Well, it's also objection
to the form of the question.
MR. McKNIGHT: That's all right. I
understand.
MR. SNELBAKER: What was the question?
BY MR. McKNIGHT:
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Q. As an estimator for your company, Marvin
windows, he would have a knowledge of what your
product cost. Isn't that correct?
A . Yes .
Q. And he would also have knowledge of the
cost of installation for that particular product,
that window. Isn't that correct?
A . Yes .
Q. Did he have the authority to sign
contracts after he estimated jobs?
A. No.
Q. who had the authority to actually enter
into contracts for Marvin Windows?
A. Depending upon the size of the contract, I
would.
Q. Is there anyone else who would enter into
contracts other than you?
A. Yeah, my controller can do that.
Q. Okay, so controller or you. Anyone else?
A. No.
Q. The president of Marvin is your wife. She
does not have the authority to enter. into
contracts?
A. Well, she would, but she doesn't work the
company. So...
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Q. Has she ever worked the company?
A. She does -- yes.
Q. And when did she become more active in the
company?
A. Early on.
Q. So early on she was active in the company.
Is she active today?
A. I'l1 say yes.
Q. What does she do today for the company?
A. Counselor.
Q. So she provides counsel to you?
A. That's correct.
Q. Does she have any authority today to sign
contracts?
A. Yes.
Q. Authority that you give her?
A. Yes.
Q. So he was hired in 2003 as an estimator.
We're talking about Leroy Gordon. Was he ever
given any other position with the company?
A . Yes .
Q. What was he given?
A. Product manager.
Q. And when was he given that job?
A. I believe it was January or February of
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2005.
Q. What would those duties entail as product
manager?
A. Including overseeing installation.
Q. So you would sign a contract. So would he
still be doing the estimating for the project?
A. Not nearly as much at that point.
Q. Okay. So the contract would be signed.
And he would be sent in to oversee the actual
management of the contract?
A . Yes .
Q. And did that continue for 2005, 2006 until
he was terminated in 2007 or until he left the
company in 2007?
A. Yes.
Q. When did he leave the company in 2007?
A. May of 2007.
Q. Now, at that point you had begun to do
business in May of 2007. By then you had begun to
do business with L&K Restorations, LLC. Is that
correct?
A. Yes.
Q. When did you begin to do work with L&K
Restorations, LLC?
A. I don't know; maybe 2004, 2005. I'm not
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sure.
Q. And that was a company in which Leroy
Gordon was an owner?
A. Correct, yes.
Q. And what would that company do for your
business?
A. Restore product and also pre-finish
anterior windows and doors.
Q. Tell me about what's required to refinish
or let's say --
A. Pre-finish.
Q. -- pre-finish. What do you have to do to
pre-finish a window or door?
A. Paint.
Q. So you have to paint it to the color
requested by the owner --
A . Yes .
Q. -- or the contract? Okay. What else
would you have to do to pre-finish a door or a
window?
A. Nothing.
Q. How about windows or doors that needed to
be restored, what would that involve?
A. Essentially that would be stripping the
original finish -- whatever that might be -- and
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restoring whatever parts were needed to be restored
or replaced.
Q. Now, again, in order to do that, you had
to have, first, someone estimate the project?
Enter into a contract for the project? You would
be the one responsible for the actual contract; is
that correct?
MR. BRENNEMAN: Objection, compound
question.
BY MR. McKNIGHT:
Q. You were the one responsible for the
actual contract entered into either by Marvin or
Lightstyles. Is that correct?
A. Marvin, yes.
Q. Did Mr. Gordon ever have any
responsibilities for Lightstyles?
A. No.
Q. Never any? He was never a product manager
for Lightstyles?
MR. BRENNEMAN: Objection, compound
question. Never any, and then you're asking him
what he did for Lightstyles.
MR. McKNIGHT: No. I'm asking him one
question.
BY MR. McKNIGHT:
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Q. Did he ever work for Lightstyles?
A. No.
MR. BRENNEMAN: That's fine.
BY MR. McKNIGHT:
Q. So he was never a project manager for
Lightstyles?
A. No.
Q. Did Lightstyles ever send product to L&K
Restorations to be refinished or pre-finished?
A. Yes.
Q. And again those contracts would be
contracts that you as an officer of Lightstyles or
an owner of Lightstyles would sign?
MR. BRENNEMAN: Objection, asked and
answered twice now. You can answer again.
BY MR. McKNIGHT:
Q. You can answer.
A . Yes .
Q. So L&K Restorations did restoration work
and pre-finish work both for Marvin Windows and for
Lightstyles?
MR. BRENNEMAN: Question? Objection.
Did they do work for both of those companies?
THE DEPONENT: No.
MR. BRENNEMAN: I'm trying to help you
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out. I think I'm making it pretty clear; I prefer
a question instead of a statement.
fine .
MR. McKNIGHT: Sure, oh, yes, that's
MR. BRENNEMAN: Okay.
BY MR. McKNIGHT:
Q. You have indicated, though, that he did
work -- L&K Restorations did work for Lightstyles?
A. No.
Q. Never any work of any kind for
Lightstyles?
A. I'm not aware of it.
Q. When work was done by L&K Restorations for
Marvin Windows, L&K would issue invoices to be paid
by Marvin Windows. Is that correct?
A. Yes.
Q. And on a weekly basis you and
Mr. Stoltzfus would meet with Leroy Gordon on
behalf of L&K and discuss how much he was to be
paid from the invoices he had submitted. Is that
correct?
A. No.
Q. How would Marvin Windows decide when
invoices were to be paid?
A. As they were submitted by Mr. Gordon.
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Q. Were they paid within a few days of
submission?
A. Yes.
Q. How many days on the average were they
paid?
A. I would say most times same day.
Q. Same day.
A. Most times.
Q. Now, at the end of 2006 did the rate of
payment become longer from when they were submitted
to Marvin Windows?
A. No.
Q. So there was never any decrease in the
speed in which those invoices would be paid?
MR. BRENNEMAN: Objection. He just said
that they were mostly paid on the same day, clearly
not all paid the same day.
BY MR. McKNIGHT:
Q. At the end of 2006 did you begin to
use -- Marvin Windows begin to use other
contractors to do their pre-finish and restoration
work?
A. No.
Q. In 2007 did you begin to use -- did Marvin
Windows begin to use other contractors to do their
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pre-finish and restoration work on windows and
doors?
A. After May of 2007.
Q. But never before May. Only after May. Is
that correct?
A. Correct.
Q. Now, at the end of May of 2007 there were
invoices that had been submitted by L&K
Restorations that Marvin Windows did not pay. Is
that correct?
A. I'm not aware.
Q. You're not aware of any invoices that were
submitted to Marvin Windows which were not paid by
Marvin?
THE DEPONENT: I would like to speak to
Dick.
MR. McKNIGHT: Do you want to go outside?
MR. BRENNEMAN: That's fine. You need to
be prepared to read that question back.
(The reporter read from the record as
follows:)
QUESTION: "You're not aware of any
invoices that were submitted to Marvin
Windows which were not paid by Marvin?"
MR. SNELBAKER: There's two negatives in
there. Did you get it?
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THE DEPONENT: Yeah, I got it. I'm aware
of some invoices that were submitted after May that
were re-billed for material that we already been
billed for and paid for.
BY MR. McKNIGHT:
Q. Okay. So only bills that had been
resubmitted after May of 2007 were unpaid?
A. Correct.
Q. And it's your position today that L&K
Restorations never did any work for Lightstyles of
any kind?
A. Not to my knowledge.
Q. Is John Merit a partial owner of Marvin
windows?
A. To some degree.
Q. So he is a shareholder?
A. Yes.
Q. So it's not just you and your wife as
shareholders? But John is a shareholder? Do you
have other shareholders?
A. No.
Q. And John Merit is a salesman?
A. Yes.
Q. Why did Leroy Gordon leave the employment
of Marvin Windows as a project manager?
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A. He resigned.
Q. You didn't ask him to resign?
A. Nope.
Q. Who took his position with the company?
A. Royce Martin.
Q. Royce Martin. Spell it for us, first
name.
A. R-o-y-c-e.
Q. Is he still with the company?
A. Yes.
Q. Is he still a project manager?
A. Yes.
Q. Are you familiar with Hugh Veal.
A . Yes .
Q. What did he do for Marvin Windows?
A. He was a project manager.
Q. So you had multiple project managers?
A. Nope.
Q. Was he a project manager while Leroy
Gordon was employed by Marvin Windows?
A. Yes.
Q. So while Leroy Gordon was employed, you
had several project managers?
A. No.
Q. So are you saying that Leroy Gordon was a
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project manager after Hugh Veal?
A. Yes.
Q. Did he take Hugh Veal's place as project
manager?
A. Yes.
Q. Why did Hugh Veal leave? Do you know?
A. Not really sure, but various reasons. I'm
sure.
Q. He wasn't fired, was he?
A. There was a meeting of the minds.
Q. So it was a mutual termination?
A. Correct.
Q. Do you know who Samuel Caldoron was?
A. Yes.
Q. Who was he?
A. Foreman on the installation crew.
Q. Did you have one installation crew or
several installation crews?
A. At one time, we had several.
Q. Of the actions that are currently pending
in Cumberland County Court, you had requested
certain materials by L&K Restorations, LLC or Leroy
and Karen Gordon. Is that correct?
A. Yes.
Q. Were those materials returned to you?
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A. Yes.
MR. McKNIGHT: I think those are all the
questions that I have. Okay.
(The deposition concluded at 9:45 a.m.)
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• 25
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
j SS.
I, Tracy L. Dominico, a Court
Reporter-Notary Public authorized to administer
oaths and take depositions in the trial of causes
and having an office in Mechanicsburg,
Pennsylvania, do hereby certify that the foregoing
is the testimony of ROBERT L. BEAGLE.
I further certify that before the taking
of said deposition the witness was duly sworn; that
the questions and answers were taken down stenotype
by the said Reporter-Notary and afterwards reduced
to computer printout under the direction of said
Reporter.
I further certify that the proceedings
and evidence are contained fully and accurately in
the notes taken by me on the within deposition to
the best of my ability, and that this copy is a
correct transcript of the same.
In testimony whereof, I have hereunto
inscribed my hand this 1 day of September, 2010.
_~~
NOTARIAL SEAL
TRACY L DOMINiCO acy L . DOmin1C0
Notary Publk Court Re orter-Notar Public
HAMPDEN TWP, CUMBERLAND COUNTY P Y
My Commission Expires Nov 12, 2011