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Home My WebLink About07-4587W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING 8~ ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Pax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. p~- y587 Civi t Tum CRIDER'S EXCAVATING, INC., RICHARD D. CRIDER, Individually, and DONNA M. CRIDER, Individually Defendants CIVIL ACTION -LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may: proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los proximos veinte (20) dias despu~s de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mks aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 HANDLER, HENNING & ROSENBERG, LLP By: W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax : (717) 233-3029 E-mail: Henning@HHRLaw.com PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CRIDER'S EXCAVATING, INC., RICHARD D. CRIDER, Individually, and DONNA M. CRIDER, Individually N0. d7- ySb'~ ~+1 ?'.c.M. Defendants CIVIL ACTION -LAW COMPLAINT 1. Plaintiff, Pennsy Supply, Inc., is a Pennsylvania corporation maintaining an office and place of business located at 1001 Paxton Street, P.O. Box 3331, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Crider's Excavating, Inc. is a Pennsylvania corporation with an office and/or place of business located at 555 Bosler Avenue, Lemoyne:, Cumberland County, Pennsylvania 17043. 3. Defendant, Richard D. Crider, is an adult individual who maintains an office and/or place of business located at 555 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 4. Defendant, Donna M. Crider, is an adult individual who maintains an office and/or place of business located at 555 Bosler Avenue, Lemoyne:, Cumberland County, Pennsylvania 17043. 5. At the special instance and request of the Defendants, Plaintiff sold and tendered to Defendants various building materials and related goods and merchandise for which there is presently due and owing to Plaintiff the sum of $25,754.96, plus interest at the rate of 1'/z% per month. 6. Plaintiff has rendered to Defendants Statements of Account showing a balance due to Plaintiff by Defendants in the amount of $25,754.96, to which the Defendants have not objected and an account has therefore been stated between Plaintiff and Defendants as set forth in Exhibit "A", which is attached hereto and incorporated herein, in the amount certain of $25,754.96. 7. Defendants, Richard D. Crider and Donna M. Crider executed a Credit Application wherein they agreed to pay reasonable attorney's fees, and therefore Defendants are obligated to Plaintiff in the amount of 5,150.99 ($25,754.96 x .20). A copy of the Credit Application is attached hereto as Exhibit "B". 8. A copy of the Personal Guarantee as executed by the Defendants, Richard D. Crider and Donna M. Crider is attached hereto and incorporated as Exhibit "C". Pursuant to the terms of the Personal Guarantee the Defendants guaranteed any indebtedness due and owing by Crider's Excavating, Inc. to the Plaintiff: 9. Although duly demanded the said outstanding balance in the amount of $25,754.96 has not been paid by Defendants to Plaintiff or to anyone acting on behalf of Plaintiff and is therefore due and payable with interest at the rate of 1'/s% per month and the costs of suit. WHEREFORE, Plaintiff demands Judgment against the Defendants in the amount of $25,754.96 plus interest at the rate of 1'/s% per month and the costs of suit, as well as the amount of $5,150.99 for reasonable attorneys fees. Date: HANDLE HEI~J ay W. Scott Henn Attorney for Plai ROSENBERG, LLP ire VERIFICATION The undersigned hereby verifies that the statements in the foregoing document are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of this lawsuit. The language of the document is of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the document are that of counsel, I have relied upon my counsel in making this Verification. The undersigned also understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~ ,~ ~t ~ ~ C~ ~k b~ Oho d n ~ O w ~ qtr -~ ~ _fTl ~ U ~~ ' ~ ~ rt^ ~~ -< .. r= C) N '_ 7t` 3 ~ ~'~ - T) T ~Y~. " } ~ __ -{ °-C hJ 0 SHERIFF'S RETURN - REGULAR ~'' ~ CASE NO: 2007-04587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSY SUPPLY INC VS CRIDER'S EXCAVATING INC ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon r~Tr,~~ ~ c ~~travamTR7(;' TT~T("' the DEFENDANT at 1641:00 HOURS, on the 9th day of August 2007 at 555 BOSLER AVENUE LEMOYNE, PA 17043 by handing to LAUREN CRIDER (OFFICE MANAGER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge ~~17~6~ So Answers: 18.0 0 '~~~ 15.36 .58 + 10.00 R. Thomas Kline .00 4~ 08/10/2007 HANDLER HENNING RO~NBERG ~ /''~ Sworn and Subscibed to before me this of By: day ~~~Deputy Sheriff A.D. SHERIFF'S RETURN - REGULAR -~ '~' CASE NO: 2007-04587 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PENNSY SUPPLY INC VS CRIDER'S EXCAVATING INC ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CRIDER RICHARD D the DEFENDANT at 1641:00 HOURS, on the 9th day of August 2007 at 555 BOSLER AVENUE LEMOYNE, PA 17043 LAUREN CRIDER by handing to (OFFICE MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 ~~ y~~~~a7 ;/' 16.00 Sworn and Subscibed to before me this day So Answers: - 1, R. Thomas Kline 08/10/2007 HANDLER HENNING SENBERG ~'~~ B // < <7 /~~ ti~~l i' ~~ , Y• ~~ Deputy Shier of A.D. SHERIFF'S RETURN - REGULAR ~+'~ ~ - '~ CASE NO: 2007-04587 P COMMONWEALTH OF PENNSYLVANIA; COUNTY OF CUMBERLAND PENNSY SUPPLY INC VS CRIDER'S EXCAVATING INC ET AL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE CRIDER DONNA M was served upon the DEFENDANT at 1641:00 HOURS, on the 9th day of August 2007 at 555 BOSLER AVEN[lR LEMOYNE, PA 17043 by handing to LAUREN CRIDER (OFFICE MANAGER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: !• ~~~~ R. Thomas Kline 08/10/2007 HANDLER HANNING ROSENBERG By : ~ ,-' Depu Sh iff of A.D. PENNSY SUPPLY, INC., Plaintiff v. CRIDER'S EXCAVATING, INC., RICHARD D. CRIDER, Individually, and DONNA M. CRIDER, Individually, Defendants In the Court of Common Pleas of Cumberland County, Pennsylvania No. 07-4587 Civil Action -Law ANSWER WITH NEW MATTER OF DEFENDANTS CRIDER EXCAVATING, INC., RICHARD D. CRIDER AND DONNA M. CRIDER AND NOW come Defendants Crider Excavating, Inc., Richard D. Crider and Donna M. Crider, by and through its attorneys Kelly, Parker & Cohen, LLP, and respectfully submits this Answer with New Matter to the Complaint of Pennsy Supply, Inc. and, in support thereof, aver as follows: 1. The averments in Paragraph 1 are ADMITTED on the bases of information and belief. Z. ADMITTED. 3. DENIED as stated. It is ADMITTED Defendant Richard D. Crider, an adult individual, and President of Crider Excavating, Inc., maintains an office and/or place of business at 555 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 4. DENIED as stated. It is ADMITTED Defendant Donna M. Crider is an adult individual and Treasurer of Crider Excavating, Inc., maintains an office and/or business located at 555 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 5. DENIED as stated. It is ADMITTED Defendant Crider Excavating, Inc. was provided "various building materials and related goods and merchandise" for use in various construction projects for Alexander Building Constructions, LLC ("Alexander"). It is DENIED the goods and materials were sold to Defendants but rather, the goods and materials were sold to Alexander. Alexander and Plaintiff Pennsy Supply entered into an agreement wherein the goods and materials would be supplied to Defendant Crider Excavating, Inc. and Alexander would remit payment to Plaintiff Pennsy Supply. It is expressly DENIED Defendants owe Plaintiff the sum of $25,254.96, plus interest. 6. DENIED. A "Statement of Account" was not attached to Plaintiff's Complaint served upon Defendants. Accordingly, Defendants are not able to admit or deny the information allegedly contained in the written document. Byway of further answer, Defendants DENY they owe Plaintiff $25,754.96. The remaining averments contained in Paragraph 6 of Plaintiff's Complaint constitute legal conclusions to which no responsive pleading is required and, therefore, said averments are deemed DENIED. 7. DENIED. The Credit Application is a written document which speaks for itself. By way of further answer, it is DENIED Defendants Richard D. Crider and Donna M. Crider agreed to pay attorney fees to Plaintiff for collection on another entity's indebtedness. 8. DENIED. A copy of the "Personal Guarantee" was not attached to the Complaint. By way of further answer, the "Personal Guarantee" is a written document which speaks for itself. Byway of further answer, it is DENIED Defendants Richard D. Crider and Donna M. Crider guaranteed "any indebtedness" due and owing by Crider Excavating, Inc. 9. DENIED as stated. It is ADMITTED Defendants have not paid Plaintiff the amount of $25,754.96 which has been demanded. It is DENIED Defendants owe Plaintiff $25,754.96, plus interest and costs of suit. WHEREFORE, Defendants Crider Excavating, Inc., Richard D. Crider and Donna M. Crider request that this Court enter judgment in their favor and against Plaintiff. NEW MATTER 10. Plaintiff has failed to state a cause of action upon which relief can be granted. 11. Plaintiff is precluded from pursuing the present action against Crider Excavating, Inc., Richard D. Crider and Donna M. Crider pursuant to the terms of a binding arbitration agreement. 12. The building and materials provided by Plaintiff were not provided in a good and workmanlike manner and in full compliance with all applicable requirements. 13. Alexander Building Construction, LLC is solely liable to Plaintiff for the building goods and materials supplied Defendant Crider Excavating, Inc. for use on Alexander Building Construction, LLC projects. 14. Plaintiff s claims are barred by the doctrines of estoppel, waiver and/or laches. 15. Plaintiff s claims are barred by the doctrine of accord and satisfaction. 16. The Contractor and Subcontractor Payment Act does not apply to the goods and material sold to Alexander Building Construction, LLC and supplied to Defendant Crider Excavating, Inc. 17. Plaintiff s cause of action, the existence of which is denied, is barred by the applicable Statute of Limitations and/or Statute of Repose. WHEREFORE, Defendants Crider Excavating, Richard D. Crider and Donna M. Crider request judgment be entered in their favor and against Plaintiff and that they be awarded reasonable attorney fees and costs, together with other such relief as the Court may deem just and equitable. Respectfully submitted, ~i nthony Parker Attorney .D. No. 81251 KELLY, PARKER & COHEN, LLF Commerce Towers, 10`h Floor 300 North Second Street Harrisburg, PA 17101 (717) 920-2220 aparker(a~kpc-law.com Dated: ~/J rum' VERIFICATION I, RICHARD D. CRIDER of Crider Excavating, Inc., hereby state that I have read the foregoing Answer and New Matter, which has been drafted by counsel. The factual statements contained therein are true and correct to the best of my information, knowledge, and belief, although the language is that of counsel and, to the extent that the content of the foregoing document is that of counsel, I have relied upon counsel in making this Verification. This statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. _L Date Richard D. Crider CERTIFICATE OF SERVICE On this 10th day of January, 2008, I, Barbara J. Cusick, a secretary in the law offices of Kelly, Parker & Cohen, LLP, hereby certify that I have served this day, a true and correct copy of the Defendant's Answer with New Matter to Plaintiff's Complaint, by depositing the same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those person(s) and address(es) indicated below: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 Barbar J. Cusick C"S ~ t_' ~-~ c~ ~ ~T P ~~~ F t i 4r _~ C ~7 r-r .~ ~ PENNSY SUPPLY, INC., In the Court of Common Pleas of Plaintiff :Cumberland County, Pennsylvania v. . CRIDER'S EXCAVATING, INC., No. 07-4587 RICHARD D. CRIDER, Individually, and DONNA M. CRIDER, Individually, :Civil Action -Law Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Anthony W. Parker, Esquire and Kelly, Parker & Cohen, LLP on behalf of Defendants in the above-referenced matter. Respectfully submitted, ~Antho_n_y~V. Parker Attorney I.D. No. 81251 KELLY, PARKER & COHEN, LLP Commerce Towers, l Ot" Floor 300 North Second Street Harrisburg, PA 17101 (717) 920-2220 aparker~,kpc-law. com Dated: January 9, 2008 ~" CERTIFICATE OF SERVICE On this 10th day of January, 2008, I, Barbara J. Cusick, a secretary in the law offices of Kelly, Parker & Cohen, LLP, hereby certify that I have served this day, a true and correct copy of the Entry of Appearance, by depositing the same in the United States First Class Mail, postage prepaid, in Harrisburg, Pennsylvania, to those person(s) and address(es) indicated below: W. Scott Henning, Esquire Handler, Henning & Rosenberg, LLP 1300 Linglestown Road Harrisburg, PA 17110 r Barbara usick c°i ^~ c~~ f "-, C~ - ~~ _ _ ~~- r c.__ ~-~ .. ~.~ ~ - : .~ ' ~ ~ _ . -ter ~' :. 1 {` C ? ,~ am ~ +~.! --G r W. Scott Henning, Esquire I.D.#32298 HANDLER, HENNING & ROSENBERG, LLP 1300 Linglestown Road Harrisburg, PA 17110 Telephone: (717) 238-2000 Attorney for Plaintiff Fax: (717) 233-3029 E-mail: HenninaCcahhrlaw.com PENNSY SUPPLY, INC., IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-4587 :CIVIL ACTION -LAW CRIDER'S EXCAVATING, INC., RICHARD D. CRIDER, Individually, & DONNA M. CRIDER, Individually PLAINTIFF'S REPLY TO NEW MATTER Now, comes the Plaintiff, Pennsy Supply, Inc., by and through its counsel, HANDLER, HENNING & ROSENBERG, LLP, W. Scott Henning, Esq., replies to Defendants' New Matter as follows: 10. Denied. The allegation set forth in Paragraph 10 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiff has failed to state a cause of action against the Defendants upon which relief can be granted, and proof to the contrary is demanded at the trial in this matter. 11. Denied. The allegation set forth in paragraph 11 is either a conclusion of law to which no responsive pleading is required or a factual assertion without any factual basis. The Plaintiff denies that there is any document or agreement in place that wou{d mandate that the Plaintiff is precluded from pursuing the present cause of action and must proceed through binding Arbitration, and proof to the contrary is demanded at the trial in this matter. 12. Denied. It is denied that the materials provided by Plaintiff to the Defendants were not provided in a good and workman like manner or that they were not in full compliance with the type of materials that were requested, and proof to the contrary is demanded at the trial in this matter. 13. Denied. The allegation set forth in Paragraph 13 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is specifically denied that an entity known as Alexander Building Construction, LLC is solely liable to Plaintiff for the building goods and materials supplied to Defendant, Crider's Excavating, Inc., and proof to the contrary is demanded at the trial in this matter. 14. Denied. The allegation set forth in Paragraph 14 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs claims are barred by the Doctrines of Estoppel, Waiver and/or Laches, and proof to the contrary is demanded at the trial in this matter. 15. Denied. The allegation set forth in Paragraph 15 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, it is denied that the Plaintiffs claims are barred by the Doctrine of Accord and Satisfaction, and proof to the contrary is 2 demanded at the trial in this matter. 16. Denied. The allegation set forth in Paragraph 16 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, the Plaintiff denies that Alexander Building Construction, LLC purchased the goods and materials in question and denies that Alexander Building Construction, LLC is responsible for the payment of goods and materials to the exclusion of Defendant, Crider's Excavating, Inc. As set forth in the Plaintiff's Complaint, the goods and merchandise for which payment is being sought, were purchased by Defendant, Crider's Excavating, Inc., were provided to Defendant, Crider's Excavating, Inc.,and payment for said goods and materials is due and owing from Defendant, Crider's Excavating, Inc., and the personal guarantors. 17. Denied. The allegation set forth in Paragraph 17 is a conclusion of law to which no responsive pleading is required, however, to the extent that the Honorable court deems a response necessary, the Plaintiff denies that the cause of action is barred by the applicable Statute of Limitations and/or Statute of Repose. WHEREFORE, Plaintiff, Pennsy Supply, Inc., demands judgment against Defendants, Crider's Excavating, Inc., Richard D. Crider, individually and Donna M. Crider, individually, for the relief set forth in the Plaintiff's Complaint. Respectfully submitted, HANDLER, HENNING & ROSENBERG, LLP Date: ~ ~ (~ °~~~ By ~-~ W. Scott Henning, Es u I.D. #32298 1300 Linglestown Road Harrisburg, PA 17110 (717) 238-2000 Attorneys for Plaintiff 3 CRIDER'S EXCAVATING, INC., Plaintiff v. PENNSY SUPPLY, INC. Defendant IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO.2007-CV-08171-CV CIVIL ACTION -LAW CERTIFICATE OF SERVICE On the 15th day of January, 2008, I hereby certify that a true and correct copy of Plaintiff s Reply To New Matter was served upon the following by Certified Mail; Jeffrey M. Zielinski, Esq. Nelson Levine deLuca & Horst, LLC Four Sentry Parkway Suite 300 Blue Bell, PA 19422 Respectfully submitted, HANDLER, HENJ~111NG Date: / ~ ~~ ~~'~ By v ~, _ r W. Scott Henning, Es ire I.D. #32298 1300 Linglestown Road Harrisburg, PA 171 10 (717) 238-2000 Attorneys for Plaintiff LLP VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 (c) W. SCOTT HENNING, ESQUIRE, states that he is the attorney for the party filing the foregoing document; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or information upon which to make a verification and/or because he has greater personal knowledge of the information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa C.S. §4904 relating to unsworn falsification to authorities. Date: ~~~~=o2GQ~ r-a c"~ ~-:a ,._ ~_~ ;~ __ -- ~~~ --+ c_ ~ ~-,; , .: _w,r ,-~; -~, .,,,~ , A ` -~ ~ ;~~ _. -°~ Y,- i __ ~r ` W - .. .; y ~--