HomeMy WebLinkAbout08-3189
THIS IS AN ARBITRATION CASE
JAMES W. ADELMAN, ESQUIRE
Mail@morrisadelman.com
IDENTIFICATION #02604
MORRIS & ADELMAN, P.C.
PO BOX 30477
Philadelphia, Pennsylvania
(215) 568-5621
R.E. Michel Company Inc.
One R.E. Michel Drive
Glen Burnie MD 21060
Vs.
Comfort Mechanical LLC
154 Lawrence Lane
Carlisle PA 17013
ATTORNEY FOR PLAINTIFF
R.E. Michel Company Inc.
19103-8477
. COURT OF COMMON PLEAS
. CUMBERLAND COUNTY
. CIVIL DIVISION
M- 3189 Civil ler %
and
Gregg Warehime .
154 Lawrence Lane
Carlisle PA 17013 COMPLAINT-CIVIL NATION
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case
may proceed without you and a judgment may be entered against you by
the court without further notice for any money claimed in the
complaint or for any 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 REFERENCE SERVICE
Cumberland County Bar Association
2 Liberty Av
Carlisle PA 17013
717/249-3166
JWA1003.2
1. Plaintiff is R.E. Michel Company Inc. Defendants are
Comfort Mechanical LLC and Gregg Warehime.
COUNT I
R.E. Michel Company Inc. vs. Comfort Mechanical LLC
2. At the oral instance and request of Defendant, Comfort
Mechanical LLC, Plaintiff sold and delivered to Defendant, Comfort
Mechanical LLC, goods at the times, of the kinds, in the quantities
and for the prices set forth in Plaintiff's books of original entry,
a true and correct copy of which is attached hereto, made part
hereof, and marked Exhibit "A".
3. Defendant, Comfort Mechanical LLC, received and accepted the
goods described in Exhibit "A".
4. The prices, including service and/or other charges, if any,
which are set forth in Exhibit "A", are the fair, reasonable and
market prices and the prices which Defendant, Comfort Mechanical LLC,
agreed to pay.
5. All credits, if any, to which Defendant, Comfort Mechanical
LLC, is entitled are set forth in Exhibit "A".
JWA1003.2
6. Although demand has been made, Defendant, Comfort Mechanical
LLC, has failed to make payment of the amount due as above. As a
result of the foregoing, there is due and owing from Defendant,
. Comfort Mechanical LLC, to Plaintiff the sum of $11,185.72, which
includes attorney's fees of $2,900.00 in accordance with the credit
application and/or terms of sale.
WHEREFORE, Plaintiff claims there is now justly due and owing
by Defendant, Comfort Mechanical LLC, the sum of $11,185.72, with
interest at 18% from June 30, 2007 and costs on Count I.
COUNT II
R.E. Michel Company Inc. vs. Comfort Mechanical LLC
7. Paragraphs 1 through 6 are incorporated by reference.
8. On or before June 30, 20071 Plaintiff delivered goods to
Defendant, Comfort Mechanical LLC, at the times, of the kinds, in the
quantities, and for the prices set forth in Plaintiff's books of
original entry, true and correct copies of which are shown as Exhibit
"A"
9. Defendant, Comfort Mechanical LLC, received and accepted the
goods shown on Exhibit "A", and benefitted thereby.
JWA1003.2
10. Defendant, Comfort Mechanical LLC, received the benefit of
the goods from Plaintiff and it is unconscionable for Defendant,
Comfort Mechanical LLC, to receive those benefits without making
restitution to Plaintiff.
ll. It can be inferred from the acts in the light of the
surrounding circumstances Defendant, Comfort Mechanical LLC, implied
that it would pay Plaintiff for the goods.
12. Under the circumstances of the case, the ordinary course
of dealing and the common understanding of mean, there is shown a
mutual intention by Plaintiff to sell and Defendant, Comfort
Mechanical LLC, to pay for the goods.
13. All conditions precedent to the present action have
occurred or been performed.
14. Defendant, Comfort Mechanical LLC, is liable to the
Plaintiff in the sum of $11,185.72 under the theory of quantum
valebant, quantum meruit, quasi contract, implied contract, goods had
and received, and/or unjust enrichment.
JWA10032
WHEREFORE, Plaintiff claims there is now justly due and
owing by Defendant, Comfort Mechanical LLC, the sum of $11,185.72
with interest at 18% from June 30, 2007 and costs on Count II.
COUNT III
R.E. Michel Company Inc. vs. Gregg Warehime
15. Plaintiff incorporates by reference all of the
allegations contained in the preceding paragraphs hereof, as if more
fully set forth herein.
16. In order to induce the Plaintiff to extend credit to
Comfort Mechanical LLC, all of which is more fully described in Count
I hereof, Defendant, Gregg Warehime, executed a guaranty of the
liability of Comfort Mechanical LLC. A true and correct copy of said
guaranty is attached hereto, made part hereof and marked Exhibit "A".
17. Although Plaintiff has made demand upon Defendant,
Gregg Warehime, for the payment of the aforementioned sum, Defendant,
Gregg Warehime, has failed and refused to pay the same or any part
thereof.
JWA1003.2
WHEREFORE, Plaintiff demands judgment against the Defendant,
Gregg Warehime, in the sum of $11,185.72, with interest at 18% from
June 30, 2007 and costs on Count III.
RRIS & AD
,XLMA14,_ P. g.
vi1J5 w. ADELMAN, ESQUIRE
torneys For Plaintiff
PO BOX 30477
Philadelphia, PA 19103-8477
215/568-5621
JWA1003.2
VERMCATTON
states that he/she is
of
and that the facts set forth in the foregoing Camnlaint
are true and correct to the best of his/ her
personal knowledge or information and belied and that this statement is made
subject to the penalties of 18 Pa_ C.S.A. 4904 relating to unsworn falsification to
authorities.
-7 ; 4 ?ti , G3?J
Dated: S/Sja r
RECEIVED'S2 3 2001
R.E. MICHEL COMPANY INNC.q
One R.E. Michel Drive • Glen Bunnie. MD 21060-6495 • (410) 760-4000 • Fax (410) 412-2593
www remicheLcom
CONFIDENTIAL CREDIT APPUCATION AND SALES AGREEMENT
ALL MIM:'OAYATIW MWW CO Mr°r.ETW AND "W AMWAfl08 MW sE &OIIIED RIM ON FNE MVM W dlDf:.
(ahC Wma tams we be r kowd.)
W's We pride in our hmoahdicrrd and fui corrpianos aft al pmvWww of the ftW Cndl 0WWW My Act and No Fair Croft PApainp Ad. The EOOA pmhlbb a.d om from ditak"1101irhg
agatrrt arsdt applIcarm on the bmb of rem cola, rWoon, nseahal odgh sax mw W stabw age (provided the app§cwd he to capacity to arNw WO a W dng cor*w* becMws d or put of
ihs Wpi wft frhoonr dwWn *om any p60e mfr to program; or b@=M th epplbent hs in good teat ,x, m rI sd art dpm under th Ca ou"W erma PreMeeon Act. The tsderal agerpr
thN adnihisMrs oaepience weh dai law Corhoerlrrhg oft cradi is an Feft Ttads Conv iselen. DMOW of CndM Practices, elh and ParmnylvaNa Averers. NW, Miashinpal. D.C. 200110.
Date business began
a& UN HM of corporabon. P/ p or so
DBAorT/A 1oyl• /0lt W. A
-( he morn under vAdd You
?tliaet ?,?S/ .[Q w rt ?v
0 ow ones bex. au
ZP Cods X70/
County ('EIT U .
AMMMMim ? Corporation State of incorporation:
(USr Ott S WDE NOW ADDt1Eee FOR Rp WIT AMM
Limited Liabtli y Company
? Partnership ? Sole Proprietorship
UNWJI ? owned
Landlord
Annual Sated
Phone X11 (1 1) () to • CAC) b
Fax
Emell
? You have ever declared bankn4ft7
? A company in which you have had
ownerettip has ever declared bw*rwlay
? You have any pe W tp WMW is
- I Address I apk* you or your company
Lim bmim on rmns at WOK Bob
Ntima HOMLAdgm MR
for(RegWrsd individuds, primal dnd corporate ,e?d?trt ,)
/Q WA r! / La O f yewSa wa s/' /yo • 794 r wC C?
?fC! me
L av,W'.r a:f •
???wr Mrt??M l yro??- c+?r??sii /p•i??3 _7fl pOIAO 1?i?lr v6ey
pi ICA
the block or blocks 00 bast indkab your type of businem. Mao Us to h" You! Aocourtl e
; ZGm Heaellft Contractor ? Indutttrid or MerKifscMtirirtg CR. Umlt
Service & Instillation ? qty Menioment 9rench
9- oil Heating Service 3 Matellation Fer Bow Service & Irolstton s lsanaah
? Service 3 Instelation ? institutions (cdmges, ho tak, elk.) Aaaney
title
Air Conditioning 3 Heat Pump Service dr IrtsWlation ? Local, State. Federal (3owmntsnt Agency D a B
? Milltery Agencies & Bass ? Otttsr NACM
Number d ServioWinsWAstion Trudm:--of- POs
Berttc Name ?0/'.rtat ? .5 %DNt f C Branch Acct Name awls 'T
Chedi tg Aoot. #
chyle a A r11 1 le 1404 • Zap Z 70 1 3 Name of Loan Officer
X=of ? COD - customer Check A We on Delivery (List two references) Are Puidtome Orders Required: Yes ? No 9
ARROUM Tax exempt No ? Yes ? MOO =a of Wit!
aniiiiiijj& OPEN ACCOUNT Requested credit availability, which may be irxasaaed or reduced at sole disatllon of RE Miami Canpeny. inc. $
Standard Twma of Sde-- Net 10th prox. (Not due 10th of NOVO foliowirq WOWS dab)
proprietorship (As on your dine memo or onaraeq
Continued on Reverse Side IM 9106 ' 6110/04
1. Name _ SGwt a, lye6lAl- 3. Name
CRY State Zip qty aide Z
Account No. Phone #
Accotatt No.
Phone #
L Name d. Netne
City State
Account No. Phone #
Account No.
Phone #
The umdcrshgoed hereby makes this application for CMM to RJi b idiel Compsay. Iac., its soocmom swhgrt, whaled compas im divides or subsidiaries Mrs tor).
and in maicimg this eppiicalim die undersigned agrees to be bound by all of the terms and caditiom eoaumed in this Credit Application. any documents rahnsced in this Credit
Application or any wtppkmmus. Tbr, undasiprod specs that all amounts payable on or before the due date as abown on each imam will be paid by the said due date, and if sot
paid an or before said date, are than to be deemed to be delinquent. Sbould a credit availtbslity be granted by Creditm all declsiaos with respect b the eltenaimm Of Cptimhatimn
of credit shall be in the sole discretion of Ctedwr. Creditor may tarmimw nay credit availability at amy time within its sole discretion.
6 ibuald tic fieae k a daaid of a twe.eat 6ir a• L haalmes ernedit wn iawe she atoll fb ¦ wrYSs e? d lie m? tamer t'ar me • abi?ba t:3
within 60 days from the due you an notified of our decision. We will send you a
Mil ae sommant treasons for die duals] w1 l6in 30 days otreceiving your reepitmt for tba statements.
It u understood that Ctedilor may impose and dmp a servioof rwa s chap or de bageeney cbwge which is the loss of me and one-balf peaat (1-12!6) per mondb (18th
APR) or die highest rate allowed by law on my amoun which becomes delmgnent. Additionally, the undersigned agrees to be retpomible for all colle cdon cam and attorney's
fees, calculated at 1o raw of 25% of the amount planed, in connection with my delinquent amount pieced for Collection.
In the event that thin application is made by mdMcloals, or at my time the oblipdmm rdfwmad by this application we guaranteed by indlYidYala, do undersigned and my
sworsu as acknowledge and agree that my credit to be extended by Credtor to the uadenoped a hosimesa dot red env anode mr wry ]r2a add jr., ? ? to ? under.
tiieaed on credit ahsg mot be for Y er ieiudtdd The umder igned agnhes tD pay far alt po chawa o (pods amdler saviors aaoediog tD the terms of Creditor: No tams a coed don d er nt from the tame of Cndnw will
become pm of my sales agreement, pordwse mmley-or odor document unless specifically approved in writing by Cmdhm No love wM be accepted for reran without prior
approval, and all teumae are subje t ism a tabddog charge. Payments may be applied agairiat open charge; in the discretion of Ctediam The undersigned agrees that die conds,
ued solvency of the undamped is a pteooodMw to any sale other than for ash or oatifud funds made by Creditor. The undersigned agrmes to provide Crndiam upon rupwit,
a statement representing that the undamped is and remain sdvcuL
]a the event that from time todmetkediwr may owe craft tefnods or odor menu to site undersigned, such imdebtedmes shall be deemed to be created from that Agreement
and Creditor shall have the right of reoompmemt of sucb credits or reltnds within in sole discmdom In the event of default. the undersigned authorize my uaoeney of a Court of
Recrmd to appear for mdms and to confis/a judgement againt moon fordo fiM belmQ cwhtg to Credit=
. The him of the Stew of Mwylmd AM be applicable to all action wising under my agreement between site undersigned and Creditor. All aaroomts sball be due and payable
in Bakimcm MD and Stew of Maryland. In the event of litigation, unless odkerwm determined by creditor in its sole diaaatima, persons] jeisdietiom and venue shall be in The
State of Maryland.
THE PARTIES EMETO ID40WMMY AND RMNIIONAILY WAIVE THE RlMfl' TO A JURY TRIAL ON ANY ISSUE OR DISPLRE THAT MAY ARISE
BETWEEN THErK hs die event drat the no d b left arbitration is desired ratoe then a imtad of a waive of a jwy trill, a uhpwate agreemeat is required.
THE PERSONS SK3 IM THIS APPLJCATJDK CERTIFY THAT ALL OF THE INPMMAIION CONTAD ED IN THIS APPLICATION AND ANY ATT 1 OR
AMENDMENT IS TRUE, CORRECT AND CObOWM TO THE BEST OF THEIR DORMATION, KNOWLEDGE AND JIM JBF.
signed: cat& M i]Aei i r U-c? (SEAL)
. Please Pug L"d Name of a on trout pegs)
BY (SEAL.)
Signature offie w. 9-wal .
par member. or proprietor
Tittle tyre s i A1. ,r,, -
(plewsa Prior)
Date r.,1 q' w
PRIM
FULL LEGAL.
SMGNAIVRE (SEAL.) Daft ? 11y 1 ??
aP Chy stab 2Jp
c1i (05.X3
l (Fkil?(!1'? ?l?l'?1ili?i4 i!r. ? '?'?V' ? ? ?? LS
154 Lawrence Lane May 2
Carlisle. PA 17013 fI 717-776-0155 II JUN 0 6 2006
All Vendors of Comfort Mechanical:
Subject: We are moving!
Comfort Mechanical will be moving to a new location and will be doing business from the new
location starting June
Our new address will be: Comfort Mechanical, LLC
1531 Commerce Ave Suite B
Carlisle, Pa 17013
Our new phone numbers: 7I7-776-0155 will still forward to us.
717-258-Heat (4328) will be our new main number
717-258-0200 will reach Dan or Greg
717-0240 will be our new fax line
Our web site will be- ComfortMechanic-com After June 30th
E-mail- available now: Greg Warehime Greg @ ComfortMechanic.com
Dan Grumbine Dan @ ComfortMechanic.com
Ed Bleacher Ed @ ComfortMechanic.com
General office Office @ ComfortMechanic.com
. Please update your records and begin using the new address and phone number as of the fourth.
Thank you!
Respectfully,
9=Cr. +BeacthJf-
(Office Manager)
Statement
STATEMENT
R.E. MICHEL COMPANY, INC.
...the only call you need to makett
PLEASE REMIT TO: P.O. BOX 2318 • BALTIMORE, MD 21203
COMFORT MECHANICAL LLC
1531 COMMERCE AVE ST B
CARLISLE, PA 17013
PAGE 1 OF L
Page 1 of 5
1. 5 % PER MONTH CHARGED ON AMOUNTS DUE BUT UNPAID 10
DAYS AFTER DUE DATE.
TERMS: NET DUE AND PAYABLE ON 10TH OF MONTH FOLLOWING
INVOICE DATE, UNLESS OTHERWISE INDICATED.
ACCOUNT
NUMBER
94 652 9
STATEMENT DATE
mo. day yr.
06 30 07
41-1 0
PRINT EXIT
TRANSACTION CODES:
UNC - UNAPPLIED CASH INV - INVOICE SC- SERVICE CHARGE
CRM - CREDIT CHB - CHARGE BACK
PLEASE RETURN THIS PAGE WITH YOUR PAYMENT
(click on a column heading below to sort by that column)
DATE REFERENCE NO. PO NO. TC FUTURE CURRENT .`PAST DUEr qF
WLNT STATEMENTS i INVOICES AVAILABLE WREN YOU NEED TEE!!? GO TO WEB SERVICES AT WWW.RINICHEL.CCK i SIGN UP TO
ABLE TO RETRIEVE THEN AT ANYTIBS. YOU'LL LIKE TEE CONVENIENCE!!
12/31/2006 S0703240 N/A SC $0.00 $0.00 $126.15
01/31/2007 80709771 N/A Sc $0.00 $0.00 $100.69
02/28/2007 50716356 N/A SC $0.00 $0.00 $114.32
03/31/2007 80722726 N/A Sc $0.00 $0.00 $99.37
04/30/2007 80729419 N/A SC $0.00 $0.00 $111.68
05/31/2007 80735471 N/A SC $0.00 $0.00 $112.62
06/30/2007 80741776 N/A SC $0.00 $112.62 $0.00
12/14/2006 10137300 EaopY] ima a RUGRS INV $0.00 $0.00 $17.38
12/14/2006 11312000 [copy i[mane] BURDESZLL INV $0.00 $0.00 $25.82
12/19/2006 12395000 EmM rims ge] LARRY INV $0.00 $0.00 $247.14
02/23/2007 12395800 CO i[mage] EAULMAN INV $0.00 $0.00 $62.22
12/15/2006 12533200 c0 imo a EZBERLING INV $0.00 $0.00 $11.77
12/18/2006 13946300 Co [Image] DENOLLIE INV $0.00 $0.00 $47.01
12/18/2006 13948300 lqpjgA DENOLLIE CRK $0.00 00.00 ($47.01)
12/18/2006 14057800 [copy] [image] BARRICK INV $0.00 $0.00 $11.98
02/27/2007 15287900 CO [image] N/A INV $0.00 $0.00 $66.81
12/19/2006 15524600 Co Ima a PATTERSON INV $0.00 $0.00 $48.44
02/28/2007 17077000 co ima a N/A CRM $0.00 $0.00 ($60.07)
02/28/2007 17099900 CO [imag] N/A INV $0.00 $0.00 $64.21
12/20/2006 17901000 co ime N/A INV $0.00 $0.00 $33.69
12/20/2006 18405800 ___py] I[malp TRUCK 2 INV $0.00 $0.00 $11.77
12/22/2006 18447100 [copy Ime a vINNIE INV $0.00 $0.00 $5.17
12/21/2006 18905100 [SLOW BURDSELL CRK $0.00 $0.00 ($1.71)
12/21/2006 19703900 Co ims a BUERDSELL INV $0.00 $0.00 $215.47
12/27/2006 24545600 c0 ima a WAGNER INV $0.00 $0.00 $65.59
03/07/2007 25761400 C
O ima a
IJRA
N/A
INV
$0.00
$0.00
$46.63
12/29/2006 26419400 CO Ime a JOE INV $0.00 $0.00 $18.98
01/02/2007 28167200 CO [image] RUNNING PUMP INV $0.00 $0.00 $79.80
01/02/2007 28167200 CO RUNNING PUMP CKK $0.00 $0.00 ($24.01)
01/02/2007 28189800 co ima a N/A iNV $0.00 $0.00 $19.14
03/13/2007 29584400 c0 rims ae] N/A INV $0.00 $0.00 $7.46
03/12/2007 30932300 [co ima a N/A INV $0.00 $0.00 $50.67
03/14/2007 33438900 co [image] DZxSL INV $0.00 $0.00 $93.17
03/14/2007 35043000 Co ima a coo SET INV $0.00 $0.00 $264.62
03/14/2007 35234100 Co Ima a N/A INV $0.00 $0.00 $32-001 1
CONTINUED
http://intemalweblcreditlonlinestatementslcreditstatementsviewlviewstatementdetail.asp 7/2/2001
Statement
STATEMENT
R.E. MICHEL COMPANY, INC.
...the only call you need to makell
PLEASE REMIT TO: P.O. BOX 2318 • BALTIMORE, MD 21203
COMMRT MECHANICAL LLC
1531 COHMRCE AVE ST 8
CARLISLE, PA 17013
i
Page 2 of 5
1_5 % PER MONTH CHARGED ON AMOUNTS DUE BUT UNPAID 10
DAYS AFTER DUE DATE.
TERMS: NET DUE AND PAYABLE ON 10TH OF MONTH FOLLOWING
INVOICE DATE, UNLESS OTHERWISE INDICATED.
ACCOUNT
NUMBER
946529
STATEMENT DATE
mo. day yr.
06 30 07
0
PRINT EXIT
TRANSACTION CODES:
UNC - UNAPPLIED CASH INV - INVOICE SC - SERVICE CHARGE
CRM - CREDIT CHB - CHARGE BACK
PLEASE RETURN THIS PAGE WITH YOUR PAYMENT
(click on a column heading below to sort by that column)
PAGE 2 OF 4
DATE
REFERENCE NO.
PO NO.
TC
FUTURE WI
CURRENT M11% 11 ears rAIu
PAST DUE +
03/15/2007 35785300 co ima a N/A INV $0.00 $0.00 $7.31
03/15/2007 36361800 co rims CZNTZRVILLE INV $0.00 $0.00 $55.36
03/15/2007 36634000 Lpy3 ma @ N/A INV $0.00 $0.00 $40.32
03/15/2007 37112700 Co Lma?@] DIaHL INV $0.00 $0.00 $23.37
03/16/2007 37286000 Co me @ N/A INV $0.00 $0.00 $66.94
03/19/2007 38954100 Co ma a COOKSKY INV $0.00 $0.00 $47.48
03/19/2007 38954100 Co COOKSEY CUM $0.00 $0.00 ($47.48)
03/21/2007 42391700 CO ima N/A INV $0.00 $0.00 $265.29
03/21/2007 42448900 CO Itla @ N/A INV $0.00 $0.00 $1.84
01/15/2007 43761100 rcood Meg2 N/A INV $0.00 $0.00 $1,832.96
01/12/2007 43868100 Co ma a RUTH INV $0.00 $0.00 $43.79- -
03/22/2007 44528000 CO i[me0e] TRK 2 INV $0.00 $0.00 $149.83
03/22/2007 45054200 NPRA 1t1a a N/A INV $0.00 $0.00 $2.80
03/23/2007 46355000 co ima a STOCK-GZENN INV $0.00 $0.00 $18.30
01/16/2007 46610100 D;Rw [Imia@] N/A INV $0.00 $0.00 $41.95
01/16/2007 47602100 rcopvl IIms N/A INV $0.00 $0.00 $234.15
03/27/2007 49090200 c0 nmag, POOLICR INV $0.00 $0.00 $29.62
01/17/2007 49395700 CO Ima @ CzsSNA INV $0.00 $0.00 $40.74
01/19/2007 49791100 co i[meg_@) N/A INV $0.00 $0.00 $19.74
01/17/2007 49796500 rcopv] rims WaRm INV $0.00 $0.00 $8.24
03/27/2007 50125000 CO ma a 7005 INV $0.00 $0.00 $122.37
03/28/2007
03/28/2007 51354800 [COpY] ima a
51583700 c0 rims g_@] N/A
7006 INV
INV $0.00
$0.00 $0.00
$0.00 $15.26
$19.29
01/19/2007 52615500 [CORY] rime Oe? TRK 1 Lamy INV $0.00 $0.00 $44.83
01/19/2007
01/19/2007 52615500 Co
52645800 rCODVI ilmag, TRK 1 LARRY
N/A CRM
INV $0.00
$0.00 $0.00
$0.00 ($40.74)
$5.37
03/29/2007
01/19/2007 52646300 co i[mage]
53026800 rcopv] rims 707
N/A INV
1XV $0.00
$0.00 $0.00
$0.00 $27.76
$27.45
03/30/2007
01/23/2007 54216600 Norm
56362000 [may] ma @ N/A
N/A CRM
INV $0.00
$0.00 $0.00
$0.00 ($19.29)
$65.26
01/23/2007 56797700 CO i[mage] PALMS TORN
CHURC INV
$0.00
$0.00
$27.06
04/05/2007
01/30/2007
11/21/2006
11/27/2006
01/31/2007
02/01/2007
01/31/2007 60804500 rCppyj rims 0e1
66126900 c0 [Ian
66476800 CO ime @
66476801 co irmapel
68067400 co-ad
68174600 rCOpo [image
68516400 CO ima @ SHOP
N/A
KINGS GAP
KINGS GAP
N/A
ffieRRY ADAMS
N/A INV
INV
INV
INV
INV
INV
INV $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $10.63
$152.06
$346.05
$155.97
$35.70
$59.94
$23.87
http://intemalweblcredit/onlinestatements/creditstatementsviewlviewstatementdetail.asp
7/2/2007
Statement
Page 4 of 5
STATEMENT
R.E. MICHEL COMPANY, INC.
...the only cal/ you need to makell
PLEASE REMIT TO: P.O. BOX 2318 ` BALTIMORE, MD 21203
1_5 % PER MONTH CHARGED ON AMOUNTS DUE BUT UNPAID 10
DAYS AFTER DUE DATE.
TERMS: NET DUE AND PAYABLE ON 10TH OF MONTH FOLLOWING
INVOICE DATE, UNLESS OTHERWISE INDICATED.
ACCOUNT
NUMBER
946529
STATEMENT DATE
E day yr.
30 07
0
PRINT EXIT
COWORT MECHANICAL LLC
1531 COIMRCE AVE ST B
CARLISLE, PA 17013
a
TRANSACTION CODES:
UNC - UNAPPLIED CASH INV - INVOICE SC - SERVICE CHARGE
CRM - CREDIT CHB - CHARGE BACK
PLEASE RETURN THIS PAGE WITH YOUR PAYMENT
(click on a column heading below to sort by that column)
PAGE 3 OF 4
DATE
REFERENCE NO.
PO NO
TC CHECK ITEMS PAID Z
11/21/2006
69546600
[99M [Ind .
JOE
iNv FUTURE CURRENT PAST DUE y
02/01/2007
69627000
[copy] ime !
N/A
1W $0.00 $0.00 $17.27
02/02/2007
69841300
[Wim rhma0el
N/A
INV $0.00 $0.00 $11.88
11/21/2006
70008300
gp
[ ovl ma !
TRIt 2
INV $0.00
$0.00
$3.17
11/21/2006
70453700
CO i[m8411
CATHSHRT
INN $0.00 $0.00 $39.45
02/02/2007
72548600
[Copy] I[ mag
e]
N/>
INV $0.00 $0.00 $5.87
02/06/2007
76027200 _
CO ima ! .
STONER
INV $0.00
$0.00
$33.46
02/06/2007
76819300
c0 rims
N/A
I $0.00 $0.00 $23.56
04/19/2007
76849300
[wm i[ mi081
N/A NV
INV $0.00
$0.00
$5.85
11/29/2006
77864500
Co rims g
4]
TRK
INV $0.00 $0.00 $52.10
11/29/2006
78472400 _
(] 11mag !
VINNI
INy $0.00 $0.00 $16.22
12/05/2006 80224500
00 r1ma ]
TRK 1-LARRY
INV $0.00
$0
00 $0.00 $54.29
02/08/2007
80451400
CO I[ m8Oe1
THE 1
INV . $0.00 $40.58
11/30/2006 80471200 Co ima ! N/A INV 0.00 $0.00 $114.70
11/30/2006 80517700
CO Firm
HEIDI
I $
$0.00 $0.00 $103.52
12/05/2006
80543800
[!.!RM ime
KINGS Gap NV
IM $0.00 $0.00 $48.29
12/01/2006 81368800
CO [imams]
CONOLE
INV $0.00 $0.00 $108.95
12/01/2006
81630200
Lc
ojwj Ima a
MIDI
INV $0.00 $0.00 $38.66
02/09/2007 83380100 -
co rims
GOMY
INV $0.00 $0.00 $1.84
12/05/2006
85538100
[copvl [I maps]
N/,
INV $0.00 $0.00 $35.30
12/05/2006 86693000
Icopyl
N/A $0.00 $0.00 $49.86
12/05/2006
67226700
CO I[ mig,B
N/, CRM
I $0.00 $0.00 ($6.18)
02/13/2007
87474900
[coovl ima
KING GAP NV
INV
$0.00
$0.00
$1.49
12/06/2006
87751000
CO rims pel
NIA
I $0.00 $0.00 $143.74
12/06/2006
87997100
Igpffj I[mawl
N/A Nir
INV
$0.00
$0.00
$27,66
12/07/2006
90006600
cp m, !
NZARY
I $0.00 $0.00 $13.26
12/07/2006
90165100
[coDVl rims
KINGS G" Ny
INV
$0.00
$0.00
$17.60
02/15/2007
90586800
CO II mag
e]
N/,
INV $0.00 $0.00 $9.37
12/07/2006 90840700 _
CO rime 0!]
HORN
IN $0.00 $0.00 $13.57
02/15/2007
91505700
BL ow
TK 1 P
1" $0.00 $0.00 $201.95
02/16/2007 92203900
CO ma a
NIX
IN $0.00 $0.00 $47.01
02/16/2007
92213900
CO 1[ made]
LARRY V
I $0.00 $0.00 $27.79
02/16/2007
92224000
LWim time,
AVTO BODY NV
INV
$0.00
7
$0.00
$161.45
12/08/2006
92362300
CO Ilea
TRK 1
INV $0 $0.00
$9.67
12/08/2006
92544600
CO 1[nuoe]
KINGS GAP
INV $0.00 $0.00
$
7.04
02/16/2007
92849800
Co
) 11t1a a
N/A
INV $0.00 $0.00 7
$7
12/08/2006
92900300 ,
Co [hmaoel
SHOP
I $0.00 $0.00 $788.30
.30
12/11/2006
94288100
Co [imagl,
WILL ROUSH NV
XNv
$0.00
$0.00
$24.94
$0.00 $0.00 $33.71
---------- CONTINU ED
http://intemalweb/credit/onlinestatements/creditstatementsview/viewstatementdetail.asp
7/2/2007
Statement
STATEMENT
R.E. MICHEL COMPANY, INC.
...the only call you need to makell
PLEASE REMIT TO: P.O. BOX 2318 • BALTIMORE, MD 21203
COMFORT MECHANICAL LLC
1531 CObMRCE AVE ST B
CARLISLE, PA 17013
Page 5 of 5
1_5 % PER MONTH CHARGED ON AMOUNTS DUE BUT UNPAID 10
DAYS AFTER DUE DATE.
TERMS: NET DUE AND PAYABLE ON 10TH OF MONTH FOLLOWING
INVOICE DATE, UNLESS OTHERWISE INDICATED.
ACCOUNT
NUMBER
946529
STATEMENT DATE
mo. day yr.
06 30 07
4 ,4.
0 0
PRINT EW
TRANSACTION CODES:
UNC - UNAPPLIED CASH INV - INVOICE SC - SERVICE CHARGE
CRM - CREDIT CHB - CHARGE BACK
http://intemalweb/credit/onlinestatements/creditstatementsview/viewstatementdetail.asp
7/2/200
PLEASE RETURN THIS PAGE WITH YOUR PAYMENT
(click on a column heading below to sort by that column)
PAGE 4 OF 4
t `_-:?
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CASE NO: 2008-03189 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
R E MICHEL COMPANY INC
VS
COMFORT MECHANICAL LLC ET AL
DENNIS FRY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
rnMVnDR' MV(''WANTTrAT. T.T.(' the
DEFENDANT , at 1827:00 HOURS, on the 28th day of May , 2008
at 154 LAWRENCE LANE
CARLISLE, PA 17013 by handing to
GLENN WAREHIME, PARTNER ADULT IN CHARGE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 8.00
Affidavit .00
Surcharge 10.00
00
G,U?i/DY 36.00
Sworn and Subscibed to
before me this
of
So Answers:
s
R. Thomas Kline
05/29/2008
MORRIS & ADELMAN
By: day eputy S er' f
A.D.
'?? SHERIFF'S RETURN - REGULAR
CASE NO: 2008-03189 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
R E MICHEL COMPANY INC
VS
COMFORT MECHANICAL LLC ET AL
DENNIS FRY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
WAREHIME GREGG
DEFENDANT
the
at 1827:00 HOURS, on the 28th day of May , 2008
at 154 LAWRENCE LANE
CARLISLE, PA 17013 by handing to
GLENN WAREHIME, FATHER AND PARTNER IN BUSINESS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
G /0 9OF 00
?00
Sworn and Subscibed to
before me this
of
So Answers:
,mac
R.R. Thomas Kline
05/29/2008
MORRIS & ADELMAN
By :
day Deputy Sh i
A.D.
was served upon
r
R.E. MICHEL COMPANY, INC.,
Plaintiff
V.
COMFORT MECHANICAL, LLC and
GREGG WAREHIME,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
08-3189 CIVIL TERM
PRAECIPE TO ENTER APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the Defendants, Comfort Mechanical, LLC and
Gregg Warehime, in the above captioned case.
Respectfully Submitted,
IRWIN & McKNIGHT
Douglas G[ Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Date: June 10, 2008
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
JAMES W. ADELMAN, ESQUIRE
MORRIS & ADELMAN, P.C.
P.O. BOX 20477
PHILADELPHIA, PA 19103-8477
Date: June 10, 2008 IRWIN & McKNIGHT
14, AA
Douglas Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
{
R.E. MICHEL COMPANY, INC.,
Plaintiff
V.
COMFORT MECHANICAL, LLC and
GREGG WAREHIME,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
08-3189 CIVIL TERM
PRELIMINARY OBJECTIONS OF DEFENDANTS
TO PLAINTIFF'S COMPLAINT
AND NOW this 25`h day of July, 2008, comes the Defendants, COMFORT
MECHANICAL, LLC and GREGG WAREHIME, by and through their attorneys, Irwin &
McKnight, and make the following Preliminary Objections to Plaintiff's Complaint, and in
support thereof avers the following:
I. Preliminary Objection in the Nature of a Demurrer Pursuant to Pa. R. Civ. P.
1028(g)(4)
1. Plaintiff, R.E. Michel Company, Inc., has filed a civil complaint against
Defendants in the instant action alleging breach of contract and unjust enrichment for non-
payment of goods.
2. Defendant Gregg Warehime is the president of Defendant Comfort Mechanical,
LLC.
3. Plaintiff asserts in Count III of its complaint that Defendant Gregg Warehime
executed a guaranty for the liability of Defendant Comfort Mechanical, LLC, and is therefore
personally liable to Plaintiff.
4. In support of its assertion that Defendant Gregg Warehime is individually liable
to Plaintiff, a signed document entitled "Confidential Credit Application and Sales Agreement"
is attached as Exhibit "A" to Plaintiff s Complaint.
5. In accordance with the "Confidential Credit Application and Sales Agreement"
attached as Exhibit "A," the name of the applicant on the first page is Comfort Mechanical, LLC.
6. On the second page of the "Confidential Credit Application and Sales
Agreement," two (2) separate signature blocks appears.
7. The first signature block contains the signature of Defendant Gregg Warehime as
president of Defendant Comfort Mechanical, LLC.
8. A space then occurs and the second signature block is separated by a paragraph
indicating that the undersigned authorizes Plaintiff to utilize credit reporting information prior to
extending business credit to the applicant.
9. The document does not state that Defendant Gregg Warehime is individually an
applicant for credit from Plaintiff.
10. The document also does not state that Defendant Gregg Warehime individually
guarantees the debts or obligations of the applicant, Defendant Comfort Mechanical, LLC.
11. The Complaint fails to allege or aver any facts or cite to any other authority to
support an award by Plaintiff personally against Defendant Gregg Warehime.
12. Defendants therefore preliminarily object to Plaintiffs Complaint on the grounds
that Defendant Gregg Warehime did not individually guarantee the debts or obligations of
Defendant Comfort Mechanical, LLC.
WHEREFORE, Defendants respectfully request this Honorable Court to grant their
Preliminary Objection in the nature of a demurrer and dismiss the claims in Plaintiffs Complaint
against Defendant Gregg Warehime individually for failure to state a cause of action upon which
relief may be granted.
Respectfully Submitted,
IRWIN & McKNIGHT
(11?1 0
By:
u06-6,91as . Miller, Esquire
Supreme Court ID # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Dated: July 25, 2008 Attorney for Defendants
CERTIFICATE OF SERVICE
I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy
of the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
JAMES W. ADELMAN, ESQUIRE
MORRIS & ADELMAN, P.C.
P.O. BOX 20477
PHILADELPHIA, PA 19103-8477
Date: July 25, 2008
IRWIN & McKNIGHT
Douglas f;. Miller, Esquire
Supreme Court I.D. No. 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendants
C? c
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MORRIS & ADELMAN, P.C.
BY: JAMES W. ADELMAN, ESQUIRE ATTORNEY FOR PLAINTIFF
IDENTIFICATION #02604 R.E. Michel Company Inc.
P.O. Box 30477
Philadelphia, Pennsylvania 19103-8477
215/568-5621
R.E. Michel Company Inc.
One R.E. Michel Drive
Glen Burnie MD 21060
COURT OF COMMON PLEAS
. CUMBERLAND COUNTY
. CIVIL DIVISION
VS.
Comfort Mechanical LLC &
Gregg Warehime
154 Lawrence Lane
Carlisle PA 17013
NO. 08-3189
ORDER TO SETTLE. DISCONTINUE & END
TO THE PROTHONOTARY:
Mark the above-entitled case settled, discontinued and
ended upon payment of your costs only.
So Ordered As Above:
Prothonotary
JWA0917.4
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