HomeMy WebLinkAbout04-0255YALE ELECTRIC SUPPLY CO., INC. IN THE COURT OF COMMON PLEAS OF
2207 Paxton Street CUMBERLAND COUNTY, PENNSYLVANIA
Harrisburg, PA 17111
Plaintiff
VS. CIVIL ACTION - LAW
n m
ALAN G. UNGER No. C)q - ?ss C lU?C""'
236 Red Tank Road
Boiling Springs, PA 17007
and
610 Alexander Spring Road
Carlisle, PA 17013
and
CEC, INC., A/K/A CUMBERLAND
ELECTRIC COMPANY
236 Red Tank Road
Boiling Springs, PA 17007
and
610 Alexander Spring Road
Carlisle, PA 17013
Defendants
PRAECIPE FOR
WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COUNTY:
Please issue a summons in the above case.
Writ of Summons shall be issued and fo arded to Sheri ff for Service
Lebanon, PA 17042
t 717/274-1421
Date: 14(Q -U? Attorneys for Plaintiff
By:
TI THY J. HUB Q.
Atty. I.D. 47231
525 S. 8h Street
YALE ELECTRIC SUPPLY CO., INC.
2207 Paxton Street
Harrisburg, PA 17111
Plaintiff
VS.
ALAN G. UNGER
236 Red Tank Road
Boiling Springs, PA 17007
and
610 Alexander Spring Road
Carlisle, PA 17013
and
CEC, INC., A/K/A CUMBERLAND
ELECTRIC COMPANY
236 Red Tank Road
Boiling Springs, PA 17007
and
610 Alexander Spring Road
Carlisle, PA 17013
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. Oi(- oTS$
1. tug ??£lL?Y1
AFFIDAVIT OF SERVICE BY MAIL
COMMONWEALTH OF PENNSYLVANIA)
) ss:
COUNTY OF LEBANON )
I, MARYANN MOORE, an employee in the law firm of Buzgon Davis, 525
South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Plaintiffs, being
duly sworn according to law, depose and say that I filed on January 16, 2004, in the Office of the
Prothonotary of Cumberland County, Pennsylvania, the original PRAECIPE FOR WRIT OF
SUMMONS. pv?Qt ?? a
U y rl uv,-,
(MARYANN MOORE)
Sworn to and subscribed
before me this 16th day
of January, A.D., 20014.
?N. tart' Public A
Notarial seal
Kelly L EnhW, Notary pubtlc -2-
Ciry Of Lebanon, Lebanon County
My Commkabn Expires W. 10, 2007
Member. PennS*ania Association of Notaries
?j?"jL? ^ ? ? ? r >
n\ ? ^ ?
? ?
? ? ?-;
TO
YOU ARE HEREBY NOTIFIE TO FILE BUZGON DAVIS
A WRITTEN RESPON TO THE
ENCLOSED ATTORNEYS-AT-LAW WE 00 HE REBY IFV
WITHIN TWENTY 01 DAYS FROM THE WITHIN IS A UE AN
SERVICE HEREOF OR A JUDGMENT 525 SOUTH EIGHTH STREET RECT COPY THE OI
MAY BE ENTER AGAINST YOU `- FILED IN THIS TION
--
P.O. BOX 49 ??,
BY
A BY
A
/
TTORNEY LEBANON, PENNSYLVANIA 17042 ATTORNEY
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
WRIT OF SUMMONS-CIVIL ACTION
TO THE SHERIFF OF CUMBERLAND COUNTY:
YALE ELECTRIC SUPPLY CO., INC.
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALAN G. UNGER
and
CEC, INC., A/IUA CUMBERLAND
F,LECLRIC COMPANY,
Defendants NO. c>'-t - "2,$S l ! c L ! ?./L/"Y
TO: ALAN G. UNGER AND CEC, INC., A/K/A CUMBERLAND ELECTRIC
COMPANY
You arc notified that Yale Electric Supply CO., Inc., Plaintiff has commenced an action
against you.
Date: -11'(-) . 0 01 oZ UU?
PROTHONOTARY
Deputy
Buzgon Davis Law Offices
By: Timothy J. Huber, Esq., I.D.4472 11
Attorney for Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00255 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YALE ELECTRIC SUPPLY CO INC
VS
UNGER ALAN G ET AL
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
UNGER ALAN G
the
DEFENDANT , at 1550:00 HOURS, on the 22nd day of January 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ
CARLISLE, PA 17013 by handing to
ALAN G UNGER
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this Alf k-- day of
.2,/60 y / aA, .D .
/P24othonotary
So Answers:
R. Thomas Kline
01/22/2004
BUZGON DAVIS
By:
Deity Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-00255 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
YALE ELECTRIC SUPPLY CO INC
VS
UNGER ALAN G ET AL
JODY SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS
was served upon
CEC INC A/K/A CUMBERLAND ELECTRIC COMPANY the
DEFENDANT , at 1530:00 HOURS, on the 22nd day of January , 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
ALAN G UNGER, PRESIDENT
a true and attested copy of WRIT OF SUMMONS
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this aZ9 day of
4 1-
r (honotary
So Answer/s:!
R. Thomas Kline
01/22/2004
BUZGON DAVIS
By. S?
De ty Sheriff
Yale Electric Supply Co., Tnc.
vs
Case No. 04-0255
Alan G. Unger
and
CEC, Inc., aka Statement of Intention to Proceed
Cumberland Electric Company
To the Court:
Yale Electric Supply Cc), T n r intends to pr Kd the above captioned matter.
Print Name Timothy J. Huber, Egign Name
Date: 10/30/07 Attorneyfor Yale Electric Supply Co_, Inc.
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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F •JbA lo.-alio Yale f:la4trw Supply (. o\Unper and c } C`('Iea?Irne??.Praecipe for I?O!Vdoc - 84/01) 111:04 A:NI
YALE ELECTRIC SUPPLY CO., INC.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ALAN G. UNGER and NO. 04-255 CIVIL TERM
CEC, INC., a/k/a CUMBERLAND
ELECTRIC COMPANY,
Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of BUZGON DAVIS LAW OFFICES, whose address is
525 South Eighth Street P.O. Box 49, Lebanon Pennsylvania 17042, as attorneys for YALE
ELECTRIC SUPPLY CO., INC., Plaintiff in the above-captioned matter.
BUZGON VIS LAW OFFICES
BY:
Timot* J. Huber, Esquire-Attorney I.D. #47231
525 South Eighth Street-Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421 Fax: (717) 274-1752
E-mail: huber@buzgondavis.com
Attorneys for Plaintiff
Dated: Q, ` ???C?
RL'
OF THE_ F^r . OTARY
2009 AUG 20 AM 11: 2
CUtvI'.:
( ;.; v
1
1''•aiIN.itigatiowYale iaectric Snppl?Co Ganger and 0:C'Neading iConiplainuloc -8;4" )() JW02 AM
TIMOTHY J. HUBER, ESQUIRE
Attorney I.D. #47231
BUZGON DAVIS LAW OFFICES
525 South Eighth Street
Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
Fax: (717) 274-1752
E-mail: huber@buzgondavis.com
YALE ELECTRIC SUPPLY CO., INC.,
Plaintiff
vs.
ALAN G. UNGER and
CEC, INC., a/k/a CUMBERLAND
ELECTRIC COMPANY,
Defendants
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04-255 CIVIL TERM
COMPLAINT
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 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
717-249-3166
AND NOW, comes the Plaintiff, Yale Electric Supply Co., Inc., by its attorneys, Buzgon
Davis Law Offices, and files the within Complaint, averring as follows:
I . Plaintiff, Yale Electric Supply Co., Inc., is a Pennsylvania corporation with a place
of business located at 2207 Paxton Street, Harrisburg, Dauphin County, Pennsylvania, 17111
(hereinafter "YALE")
2. Defendant, Alan G. Unger, is an adult individual with last known addresses of 610
Alexander Spring Road, Carlisle, Pennsylvania, 17013, and/or 236 Red Tank Road, Boiling
Springs, Pennsylvania, 17007 (hereinafter "UNGER").
3. Defendant, CEC, Inc., a/k/a Cumberland Electric Company, is upon information and
belief, a Pennsylvania company with last known addresses of 610 Alexander Spring Road, Carlisle,
Pennsylvania, 17013, and/or 236 Red Tank Road, Boiling Springs, Pennsylvania, 17007
(hereinafter "CEC")
4. At all relevant times, UNGER was the sole shareholder, director and principal in
Grant Electrical Contracting, Inc. (hereinafter "GRANT")
-2-
5. Upon information and belief, GRANT was in the business of doing commercial and
residential electrical work.
6. GRANT had a credit account with Plaintiff.
7. UNGER, as the sole shareholder, director and principal of GRANT, ordered various
electrical supplies from Plaintiff during 2001 and early 2002, resulting in a balance due of
$492,064.49.
8. Because GRANT failed to pay the charges, Plaintiff filed suit in the Court of
Common Pleas of Dauphin County to Action No. 2612 CV 2002.
9. During the pendency of that Dauphin County action, GRANT filed for bankruptcy
protection in the United States District Court for the Middle District of Pennsylvania.
10. According to those filings, GRANT was insolvent and unable to make material
payments to its creditors.
11. The bankruptcy of GRANT was ultimately terminated.
COUNT ONE -
VIOLATION OF PENNSYLVANIA UNIFORM FRAUDULENT TRANSFERS ACT
PLAINTIFF v. ALAN G. UNGER
12. The averments of paragraphs 1 through 11 are incorporated herein by reference as if
textually set forth at length.
13. During calendar year 2000, UNGER, as the sole shareholder, director and principal
of GRANT, arranged for cash payments from GRANT to himself as follows:
(a) loan
(b) salary
(c) rent
TOTAL
$254,071.00
$ 48,252.00
$44,500.0
0
$346,823.00
-3-
14. In 2001, the loans owed by UNGER to GRANT were "forgiven" by the Company
and reclassified as distributions to Mr. Unger.
15. In 2001, UNGER, as the sole shareholder, director and principal of GRANT,
arranged for cash payments loan from GRANT to himself as follows:
(a) Additional distribution $ 87,112.00
(b) salary $ 48,474.00
(c) rent 44 500.00
TOTAL $180,086.00
16. In 2002, UNGER, as the sole shareholder, director and principal of GRANT,
arranged for cash payments loan from GRANT to himself as follows:
(a) Contribution to capital ($ 81,500.00)
(b) Distribution to shareholder $ 58,902.00
(c) salary $161,350.00
(d) rent 44 500.00
TOTAL $183,752.00
17. The above payments were made without fair consideration for goods or services in
that they were either given outright for no consideration or were excessive and above the fair value
of the goods or services provided.
18. The aforesaid transfers were fraudulent under the Uniform Fraudulent Transfers Act
in one or more of the following respects:
(a) They were made with the actual intent to hinder, delay or defraud creditors
such as Plaintiff,
-4-
(b) They were without reasonably equivalent value and rendered the assets of
GRANT unreasonably small for contemplated transactions and/or resulted in
GRANT's inability to pay debts when they became due; or
(c) They were made without reasonably equivalent value and rendered GRANT
insolvent.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to:
(a) enter judgment against Defendant, Alan G. Unger, in the amount of
$492,064.49, together with interest at the rate of six percent (6%) from April
1, 2002, and costs of suit;
(b) in the alternative, all of the transfers made to Defendant, Alan G. Unger, by
Grant Electrical Contracting, Inc. should be disregarded and Mr. Unger
ordered to repay those funds to GRANT;
(c) appoint a receiver to take charge of UNGER's assets for purposes of
effecting the awarded relief, and
(d) enter such other relief as the Court deems appropriate and just.
COUNT TWO -
PIERCING CORPORATE VEIL
PLAINTIFF v. ALAN G. UNGER
19. The averments of paragraphs 1 through 18 are incorporated herein by reference as if
textually set forth at length.
20. UNGER, as the sole Shareholder, Director and Principal of GRANT, is responsible
for its debts for one or more of the following reasons:
(a) UNGER undercapitalized GRANT;
(b) UNGER intermingled his personal assets and affairs with that of the
Corporation;
-5-
(c) UNGER failed to adhere to corporate formalities;
(d) UNGER operated GRANT as his "alter ego" for purposes of furthering his
personal interests;
(e) UNGER managed and operated GRANT for his own personal benefit in
such a way that it became insolvent and unable to pay its debts as they
became due; and
(f) The liability protection afforded to UNGER as the sole Shareholder, Director
and Principal in GRANT should be disregarded.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to:
(a) enter judgment against Defendant, Alan G. Unger, in the amount of
$492,064.49, together with interest at the rate of six percent (6%) from April
1, 2002, and costs of suit; and
(b) enter such other relief as the Court deems appropriate and just.
COUNT THREE -
PLAINTIFF v. CEC INC. a/k/a CUMBERLAND ELECTRIC COMPANY successor co ratio
21. The averments of paragraphs 1 through 20 are incorporated herein by reference as if
textually set forth at length.
22. Following the bankruptcy filing of Grant Electric Contracting, Inc, UNGER
arranged for the formation of CEC and transferred GRANT's assets to it.
23. CEC was simply the continuation of the business of GRANT and formed for the
purpose of avoiding obligations to the creditors of GRANT.
24. CEC is responsible for the debts and obligations of GRANT for one or more of the
following reasons:
(a) It is simply a continuation of the business of GRANT;
-6-
(b) It is GRANT's successor corporation;
(c) It is effectively a de facto merger of the business and operations of GRANT;
and
(d) The transfers were simply a fraudulent scheme to escape the liability of
creditors such as Plaintiff.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to:
(a) enter judgment against Defendant CEC in the amount of $492,064.49,
together with interest at the rate of six percent (6%) from April 1, 2002, and
costs of suit;
(b) in the alternative, all of the transfers made to Defendant, Alan G. Unger, by
Grant Electrical Contracting, Inc. should be disregarded and CEC ordered to
repay those funds to GRANT;
(c) appoint a receiver to take charge of CEC's assets for purposes of effecting
the awarded relief; and
(d) enter such other relief as the Court deems appropriate and just.
COUNT FOUR -
VIOLATION OF PENNSYLVANIA UNIFORM FRAUDULENT TRANSFERS ACT
PLAINTIFF v. CEC. INC., a/k/a CUMBERLAND ELECTRIC COMPANY, successor corporation
25. The averments of paragraphs 1 through 24 are incorporated herein by reference as if
textually set forth at length.
26. UNGER arranged for the transfer of assets to CEC without consideration.
27. The transfers were fraudulent to the creditors of GRANT for the reasons set forth in
paragraph 24 above.
-7-
WHEREFORE, Plaintiff respectfully requests your Honorable Court to:
(a) enter judgment against Defendant CEC in the amount of $492,064.49,
together with interest at the rate of six percent (6%) from April 1, 2002, and
costs of suit;
(b) in the alternative, all of the transfers made to Defendant, Alan G. Unger, by
Grant Electrical Contracting, Inc. should be disregarded and CEC ordered to
repay those funds to GRANT;
(c) appoint a receiver to take charge of CEC's assets for purposes of effecting
the awarded relief, and
(d) enter such other relief as the Court deems appropriate and just.
BUZGON VIS L AW OFFICES
BY:
Timoth J. Huber, Esquire
Attorney I.D. #47231
525 South Eighth Street
Post Office Box 49
Lebanon, PA 17042-0049
(717) 274-1421
Fax: (717) 274-1752
E-mail: huber@buzgondavis.com
Attorneys for Plaintiff
-8-
(2D
?ED
F THE RR, 'l'W7 !nTA RY
2L L"" ' UG CO Hit 11: 27
NITY
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
aNtp o1 ?um6lp?0
C Y;
OFFICE OF 1,,c $re¢RIFF
OF R `H TPPY
rH I: G. 3
Yale Electric Supply Co., Inc.
vs.
Alan G. Unger
Case Number
2004-255
SHERIFF'S RETURN OF SERVICE
08/26/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Alan G. Unger, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Alan G.
Unger. Defendant was not found at 236 Red Tank Road Boiling Springs, PA 17007. Request for service
at 610 Alexander Spring Road Carlisle, PA 17013 is currently being rented by PennDot. An exact address
is not available.
08/26/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: CEC, Inc. a/k/a Cumberland Electric Company, but was
unable to locate them in his bailiwick. He therefore returns the within Complaint and Notice as not found
as to the defendant CEC, Inc.. Defendant was not found at 236 Red Tank Road Boiling Springs, PA
17007. Request for service at 610 Alexander Spring Road Carlisle, PA 17013 is currently being rented by
PennDot. An exact address is not available.
SHERIFF COST: $64.80
August 26, 2009
SO ANSWERS.,-
R THOMAS KLINE, SHERIFF
(David D. Bueff
Prothonotary
T,irkS. Sohonage, ESQ
Socicitor
)753
Renee K. Simpson
1" Deputy Prothonotary
Irene E. Morrow
2nd (Deputy (Prothonotary
Office of the Prothonotary
Cumberland County, Pennsylvania
6'7 - ZSS CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Car(sle, PA 17013 9 (717) 240-6195 • Eax (717) 240-6573