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Home My WebLink About08-5375IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bernville Road Reading, PA 19605 Plaintiff, V. Civil No: M- _r1WS Cavil RODNEY D. BOWER d/b/a E.C. CONTRACTORS 259 Front Street Linden, Pennsylvania 17744-7706 Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. ; 1047 Old Bernville Road Reading, PA 19605 Plaintiff, V. RODNEY D. BOWER d/b/a E.C. CONTRACTORS 259 Front Street Linden, Pennsylvania 17744-7706 : Civil No: Defendant. COMPLAINT Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc., by and through its attorneys, Silverman & Associates, Chtd., and Gary S. Silverman, Esq. hereby brings this action against Defendants and states as follows: Parties 1. Plaintiff Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. ("Kohl") is, and was at all times relevant hereto, a Pennsylvania corporation with its principal office at 1047 Old Bernville Road, Reading, PA 19605. 2. Defendant Rodney D. Bower d/b/a E.C. Contractors ("Bower") is and was at times relevant hereto a Pennsylvania resident. 1 Factual Background 3. On or about November 17, 1998, Bower executed a Business Credit Application ("Agreement") with Kohl wherein Bower agreed to pay for materials provided by Kohl. A copy of the agreement is attached hereto as Exhibit A and incorporated herein by reference. 4. Pursuant to the terms of the Agreement, Bower agreed to pay interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any amount past due. 5. Pursuant to the terms of the Agreement, Bower agreed to pay twenty (20%) of the principal amount due for attorney's fees plus costs. COUNTI (Breach of Contract against Rodney D. Bower) 6. Kohl incorporate paragraphs 1 through 5 in this Count I as if fully stated herein. 7. At the request of Bower, from October 2007 through January 2008 Kohl building products (hereinafter "supplies") to Bower on open account and sent invo demanding payment. Bower has failed to pay the principal amount totaling eight thou: seventy six and 90/100 dollars ($8,076.90). A true and accurate copy of the statement of accc and corresponding invoices are attached hereto as Exhibit B and incorporated herein reference. 8. Despite due demand for payment and full performance by Kohl, Bower has fail to pay Kohl pursuant to the Agreement and is in breach thereof. 9. As a result of the failure of Bower to pay the sums due, Kohl has damages in the following amounts: (a) principal in the amount of $8,076.90; (b) accumulated interest through January 31, 2008 in the amount of $356.11; 2 VERIFICATION GARY S. SILVERMAN, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. S. Silverman #44089 ) Rockville Pike Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 4 'KOHL BU D G PRODUETS Instructions: ,4 CORPORATE & READI\(; BRANCH OFFICES: )ld Bernville Road, P.O. Box 14746, Reading. PA 196124746 610-926-8800 610-926-0806 (FAX) r. BUSINESS CREDIT APPLICATION 1. Fill out top part of form 2. Sign appropriate sections, including back of form Date of application: 3. Provide financial statement J Credit Limit Legal Name of Business: C _ L,?o?, _', LTC_ Address: Id-'-12 A Q Business Phone: 4 ) 3? I --q&-90 Fax #: Corporation ?Z ole Prop Partnership Name and Address of Bonding Co.: Nature of Business: -s-4c Principals: Full Name 1.) 2.) 3.) Home Address & Phone # Date Started: _Jz, 1 9 41 y' Position Social Security # a-'-Wt/ ) "13 -- S' 2 - ( 4cg3 BUSINESS REFERENCES: Supplier Supplier Name Address, Phone #, Fax # Account # 1;".-I / Supplier ?? 5?6..o I ..?Ir,?e sa It +3CY? - --? `f 4(c 23 I Supplier Bank (Checking) L?7?odL a .,_,? t tQe. r 30?--) _' 1. A-N Bank (Checking) Route # Checking Acct # lB Sd - o Q $ - d GUARANTY GUARANTY given by the unders'__ned 1 Building P oducts , hereinafter referred to the mpany. in order to induce it to extend credit to, the following business entity: nf? ?? d X I/WE hereby unconditional) PE SO LLidGUA NTY to the Company the pror?pt payp ent. when due, of even claim of the Company which may x hereafter arise against _/7 ._-. ? ,, , / P-1 /p ae I/WE do also unconditional l)• PERSONAiLY GUARANTY payment of all reasonable costs of collection including but not limited to, twenty percent (20%) attorney's fees and court costs. This is a continuing GUARANTY and shall remain in full force until revoked by Guarantor by notice in writing to the Company. Such revocation shall be effective only as to claims of the Company which arise out of transactions entered into after the Company's receipt of said notice. This obligation shall cover the renewals of any claims guaranteed by this instrument or extensions of time payment hereof, and shall not be affected by any surrender or release by the Company of any other security held by if for any claim hereby guaranteed. This GUARANTY is, and shall remain binding upon the heirs, estate representatives, successors and assigns of Guarantor. This GUARANTY is independent of any other guaranty or rights which The undersigned may have with respect to the above-noted debt. This Guarantors hereby waive their homestead exemption as well as all requirements or rights with regard to notice- demand presentation or protest in the event of default, and further appoints Joseph T. Kearse, as attorney-in-fact for the purpose of confessing judgement in favor of Kohl Building Products, for VIRGINIA customers in the Circuit Court of Fairfax County, Virginia, for MARYLAND customers in the Circuit Court for Frederick County, Maryland. for PENNSYLVANIA customers in the Circuit Court of Cumberland County, Pennsylvania. for WEST VIRGINIA customers in the Circuit Court of Berkley County, West Virginia. for NEW YORK customers in the Circuit Court of Orange County, New York, and for NEW JERSEY customers in the Circuit Court of ?1 rrC County, New Jersey for the balance, cost prejudgment interest and attorney's fees, and further consents to immediate execution of said judgement. , ` A Signature Signature Date 1l !6 Date Signature Date TERMS AND CONDITIONS OF SALE 1. These terms and conditions of sale shall control on all sales, including all direct shipment sales arranged by or through Kohl Building Products, whether or not materials are delivered by or through Kohl Building Products. 2. All orders placed for special order materials (i.e. those materials not kept in stock), are final, and require a 50% deposit at time of order. with the balance due upon arrival at Kohl Building Products. Once a special order is placed and confirmed in writing by Kohl Building Products, purchaser agrees to accept said materials and make payments in full. RETURNS SHALL NOT BE PERMITTED ON SPECIAL ORDER MATERIALS. 3. On all orders placed for stock. out of stock and special order materials, where the delivery date is delayed due to manufacturer shipping error, or any other error, purchaser agrees to hold Kohl Building Products harmless for any delay and agrees to make payments in full for said goods. 4. All materials delivered must be examined and inspected by the purchaser and/or his agent or representative upon receipt. For all materials examined and inspected upon receipt. any claim of shortage and/or damage must be made at time of delivery. Where purchaser and/or his agent or representative cannot examine and inspect material upon receipt, any and all claims must be made within three (3) working days of delivery. Any claims made after the prescribed time period shall not be honored. 5. Stock materials may be returned, if in good condition, with purchaser's account credited subject to a 15% handling fee. 6. Purchaser acknowledges that any and all decisions as to return of materials is made AT THE SOLE DISCRETION OF Kohl Building Products. AND MAY BE CHANGED OR REVOKED AT ANY TIME WITHOUT NOTICE. ` 7. Kohl Building Products agrees only to replace any and all material shipped and/or received in defective condition. 8. Purchaser agrees that his SOLE REMEDY available for any default arising out of sales and/or use of any and all materials purchased shall be the return of said materials purchased for a full refund. Purchaser acknowledges that no suit will be brought against, or shall include, Kohl Building Products where either consequential or incidental damages,are sought. ` 9. Any claim or controversy shall be settled either, by binding arbitration, or by any Court of competent jurisdiction FOR VIRGINIA CUSTOMERS. IN COMMONWEALTH OF VIRGINIA, FAIRFAX COUNTY; FOR MARYLAND CUSTOMERS, IN THE STATE OF MARYLAND, FREDERICK COUNTY. FOR PENNSYLVANIA CUSTOMERS, IN THE COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY; FOR NEW JERSEY CUSTOMERS, IN THE STATE OF NEW JERSEY, WARREN COUNTY; AND FOR NEW YORK CUSTOMERS, IN THE STATE OF NEW YORK, ORANGE COUNTY. On all disputed matters Sellers agree to pay KOHL BUILDING PRODUCTS' attorneys fees, costs and disbursements. 10. On all matters referred by Kohl Building Products to their attorneys for collection, purchaser agrees to pay 20;0 of the total sale price or the actual amount billed. whichever is greater, for attorneys' fee, plus costs' and disbursements. 11. PURCHASER AGREES THAT Kohl Building Products SHALL NOT BE RESPONSIBLE FOR ANY MANUFACTURER OR SHIPPING DEFECT. Purchaser further agrees to hold Kohl Building Products harmless for any manufacturer or shipping defect and for any injury to person or otherwise due to said defects. 12. Kohl Building Products makes NO WARRANTIES express or implied, including without limitation, WARRANTIES AS TO MERCHANTABILITY. OR AS TO FITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall not be liable for any loss or damage directly or indirectly arising from the use of such materials. Further, all MATERIALS ARE DELIVERED "AS IS" AND "WITH ALL FAULTS Any contradictory statements made by an employee of Kohl Building Products, shall have no effect or bearing, and the terms contain herein shall control. 13. TITLE FOR ALL GOODS AND/OR MATERIALS REMAINS WITH Kohl Building Products UNTIL PAID FOR EN ALL BY PURCHASER. Should purchaser take action under Title 1 I of the United States Code. or take any other action to avoid making payment in full. purchaser agrees to promptly return any materials not paid in full. Purchaser agrees to keep the materials fully insured until paid for in full. 14. The RISK OF LOSS of any goods and/or materials shall pass to the purchaser as soon as said goods and/or materials are delivered to purchaser at its place of•business or any other place specifically designated by the purchaser for the delivery. 15. Purchaser agrees that any account thirty (30) days past due shall be charged 1.5% per month interest on the unpaid balance. 18% per annum. 16. In the event the purchaser is a corporation,, partnership. any other local legal entity, the individual or individual whose signature appears hereon agree to and do personally guarantee payment for any and all materials sold to the above-named entity. Purchaser acknowledges that he has read and AGREES TO ALL OF ABOVE TERMS AND CONDITIONS OF SALE. Signature _ Name (Print) Title Signature Name (Print) Title KOHL BUILDING PRODUCTS REMIT TO: 1047 OLD BERNVILLE ROAD READING, PA 19605-9311 S T A T E M E N T E C CONTRACTORS SHIP TO: 259 FRONT ST LINDEN PA 17744-7706 E00020 STATEMENT DATE 02-27-08 COPY # -? 1 ACCOUNT x PHONE # DIVISION PAGE E00020 570/321-9623 02 1 C INVOI E CUSTOMER INVOICE GROSS DISCOUNT DISCOUNT NET DATE PO NUMBER AMOUNT DATE AMOUNT' PAYMENT AMOUNT 10/19/07 MIRABITO 35146 1,588.35 15.76 1 572 59 10/24/07 FARRINGTON 34985 1 964 18 , . 10/24/07 FARINGTON 35131 , . 4 050 41 1,964.18 11/06/07 FARRINGTON 35433 , . 489 72 4,050.41 11/30/07 76919 . 113 81 489.72 12/31/07 78219 . 121 15 113.81 01/31/08 79429 . 121 15 121.15 . 121.15 SERVICE CHARGE OF 1-1/2% PER MONTH (18% PER YEAR ON ALL A ST DUE AMO S 4 CURRENT 30 DAYS 60 DAYS 90 DAYS OVER 90 TOTAL DUE 121.15 121.15 603.53 7,587.18 8,433.01 =MKQNL BUILDING PRODUCTS E C CONTRACTORS *S* 259 FRONT ST LINDEN PA 17744-7706 KOHL BUILDING PRODUCTS REMIT TO: 49 H AND S DR. PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE. PA 17670 READING. PA 19605-9311 INVOICE S E C CONTRACTORS H I 259 FRONT ST P LINDEN PA 17744-7706 ? 3(. ICE W.O. 235146 DATE 10-19-07 CUSTOMER - WH T r- CCOl! T SHIh."•/iYt:. SFill'.Ifhdi PAGE ECCO20 10-18-07 DELIVERY 3 REFf;HV GHT 7 E?IiA• ? SS?E?E 77- G23202 6851078 uTmDE SAS R9MAN 1N$1t7 SALESMATt. . r cM :.aRO ROD BANZHOFF TJOE MCCRACKEN MIRASITO 'ra.i?4+k? .? r:L • .?is'.?.7?MM='!?.• h?f'ir+1Vi.. i1 • 4 j0?''`?Rid .. , .. 7 3. ? 1 ? ? !?,?y ,y?- ? ?=. w,?,?y , . (Y_4:\ 7 - ' ? ? • ? ?^ ? r ? gp ?y (?• ? . ? ?? ?? qq 4(310 -' ? + NM q + ? _ ? ?( ' ? ? MAMAS& ?y ?1 (' yy ,?p?? Jam; _5t: :11e=tlling Charge On All Retuxns AAY-TERKS1% LOTH &: Zb-T}{ DUE DATE: NOVEMBER 25, 2007 ?W.140:DE-QUCT S1488 IF PAID ON OR BEFORE NOVEMBER 10, 2007 TOTAL: KOHL BUILDING PRODUCTS E C CONTRACTORS 259 FRONT ST LINDEN PA 17744-7706 KOHL BU. .NG PRODUCTS REMIT TO: 49 H AND S DR. PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE, PA 17870 READING. PA 19605-9311 INVOICE S E C CONTRACTORS H I 259 FRONT ST P LINDEN PA 17744-7706 INVOICE NO. 234985 INVOICE GATE 1 10-24-07 CUSTOMER-WHITE ACCOUNT # QUID nerG VAUt E00020 10-23-07 DELIVERY 1 REFERENCE FREIGHT TERM MESS4GE 570-321-9623 OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER ROD BANZHOFF FARRINGTON QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT 3 3 EA VS10475 21-1/2 X 39 3 EA 335.000 1005.00 VELUX VS104 VENTING TYPE 75 GLAZING 3 3 EA EDL106 3 EA 60.000 180.00 VELUX EDL #106 FLASHING USE W/ SIZE 101, 104, 106 SKYLIGHTS 3 3 EA ZZZ169 3 EA 16.000 48.00 VELUX CRANK HANDLE 3 3 EA PDA104 3 EA 95.000 285.00 PDA #104 MANUAL VENETIAN BLIND FOR VS FOR SKYLIGHTS PURCID"FF_;--.3a/O1 1 1 EA TGFA022 335.000 335.00. VELUX FLEXIHtk. 2" ACRYLIC, DOME LOW PROFILE FLASHING UNIT" WITH ACRYLIC bCJME SUB-TOTAL 1853.00 6% PA SALES TAX 111.18 5% Handling Charge On All Returns =-> FUEL SURCHARGE ON AL L DELIVERIES AS OF 5-3-04 <--- PAY TERMS. 1% 10TH & 25T H DUE DATE: NOVEMBER 25, 2007 YOU MAY DEDUCT $18.53 IF PAID ON OR BEFORE NOVEMBER 10, 2007 TOTAL: $ 11 964.18' KOHL BUILDING PRODUCTS E C CONTRACTORS 259 FRONT ST LINDEN PA 17744-7706 KOHL BU. AG PRODUCTS REMIT TO: 49 H AND S DR, PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE, PA 17870 READING, PA 19605-9311 INVOICE S E C CONTRACTORS H I 259 FRONT ST P LINDEN PA 17744-7706 INVOICE NO. 235131 INVOICE DATE 10-24-07 CUSTOMER-WHITE ACCOUNT # - SHIP DATE SHIP VIA PAGE E00020 10-23-07 DELIVERY 1 REFERENCE FREIGHT TERM MESSAGE G23182 6851063 OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER ROD BANZHOFF JOE McCRACKEN FARINGTON QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE bISCOU IT EXT 6 6 EACH NB00017335 6 EACH 211.730 1270.38 RF (G23182 #6851063) 25 1/2" (T) X 61 1/2" (T) 5500 Reflections White Double Hung, Tip-to-Tip, BOX, Colonial Top White in Contour (1V2H), 11' IGU Thickness, Super Spacer, Low E Softcoat (Prosolar), Argon Gas, Double Glazed, Double Strength (1/811), Full Screen Fiberglass Extruded Screen Mold, 00 No Reinforcement, Two Air Latches, One White, Logo Lock, Head Expander, Sill Extender, G1aaa%,Warranty (UI=87"), DP-25, Test NumherY6Cl? U-Factor:.31, SHGC:.24, Unit for ENERGY STAR L egdon (s ); 4 4 EACH NB00017336 =r-4 EACH 211.730 846.92 RF (G23182 #685:053,) 36 1/2" (T) .: 61 1f,2" (T)`_.5500 Reflections white Double Hung,;._ Tip-to-Tip, BOX, Colonial Top White in Contour (2V2H), 1" IGU Thickness, Super Spacer, Low E Softcoat (Prosolar), Argon Gas, Double Glazed, Double Strength (1/811), Full Screen Fiberglass Extruded Screen Mold, 00 No Reinforcement, Two Air Latches, Two White, Logo Lock, Head Expander, Sill Extender, Glass Warranty (UI=98"), DP:25, Test Number=60739.02, U-Factor:.31, SHGC:.24, Unit qualifies for ENERGY STAR region(s); 2 2 EACH NB00017337 2 EACH 211.730 423,46 RF (G23182 #6851063) 22 1/4" (T) X 61 1/2" (T) 5500 TOTAL:.. i KOHL BUILDING PRODUCTS E C CONTRACTORS 259 FRONT ST LINDEN PA 17744-7706 KOHL BU NG PRODUCTS REMIT TO: 49 H AND S DR, PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE, PA 17870 READING. PA 19605-9311 INVOICE S E C CONTRACTORS H I 259 FRONT ST P LINDEN PA 17744-7706 INVOICE No. 235131 INVOICE DATE L 10-24-07 CUSTOMER-WHITE ACCOUNT # SHIP DATE SHIP VIA PAGE ECC020 10-23-07 DELIVERY 2 REFERENCE FREIGHT TERM MESSAGE G23182 6851063 OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER ROD BANZHOFF JOE McCRACKEN FARINGTON QUANTITY ORDERED SHIPPED UOM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT Reflections White Double Hung, Tip-to-Tip, BOX, Colonial Top white 1" Contour (1V2H), 111 IGU Thickness, Super Spacer, Low E Softcoat (Prosolar), Argon Gas, Double Glazed, Double Strength (1/8"), Full Screen Fiberglass Extruded Screen Mold, 00 No Reinforcement, Two Air Latches, One White, Logo Lock, Head Expander, Sill Extender, Glass Warranty (UI=84"), DP:25, Test Number=60739.02, U-Factor:.31, SHGC:.24, Unit qualifies for ENERGY STAR region(s) 4 4 EACH NB00017338 4 EACH 211.730 846.92 RF (G23182 #6851063) 40 1/2" (T)7 1/2" (T) 5500 4 Reflections White Double' Hung, Tip-to-Tip, BOX Colonial Topth' Contour O V21I) , = I" - IGU Thickneae, -Supe r Spacer, Low E Softcoat () osolar on Gas, Double Glazed, _Pou}al ItiaGert hti- (1/811), Full Screen Fiberglass Extruded Screen Mold, 00 No Reinforcement, Two Air Latches, Two White, Logo Lock, Head Expander, Sill Extender, Glass Warranty (UI=98"), DP:25, Test Number=60739.02, U-Factor:.31, SHGC:.24, Unit qualifies for ENERGY STAR region(s): 2 2 EACH NB00017339 2 EACH 211.730 423.46 RP (G23182 #6851063) 36 1/2" (T) X 57 1/2" (T) 5500 Reflections White Double Hung, Tip-to-Tip, BOX, Colonial Top White 1" Contour (2V2H), 1'' IGU Thickness, Super Spacer, Low E Softcoat (Prosolar), Argon TOTAL: canT CM ... -KOHL BUILDING PRODUCTS E C CONTRACTORS 259 FRONT ST LINDEN PA 17744-7706 KOHL BU NG PRODUCTS REMIT TO: 49 H AND S DR, PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE, PA 17870 READING, PA 19605-9311 INVOICE S E C CONTRACTORS H I 259 FRONT ST P LINDEN PA 17744-7706 INVOICE NO. 235131 INVOICE DATE 10-24-07 CUSTOMER-WHITE ACCOUNT # SHIP DATE SHIP VIA PAGE E00020 10-23-07 DELIVERY 3 REFERENCE FREIGHT TERM MESSAGE G23182 6851063 OUTSIDE SALESMAN I NSIDE SALESMAN PURCHAW::ORDER ROD BANZHOFF JOE McCRACKEN FARINGTON QUANTITY UOM ORDERED SHIPPED DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT Gas, Double Glazed, Double Strength (1/811), Full Screen Fiberglass Extruded Screen Mold, 00 No Reinforcement, Two Air Latches, Two White, Logo Lock, Head Expander, Sill Extender, Glass Warranty (UI=94"), DP:25, Test Number=60739.02, U-Factor:.31, SHGC:.24, Unit qualifies for ENERGY STAR region(s): 1 1 FUEL 1 10.000 10.00 FUEL SURCHARGE SUB-TOTAL 3821.14 6%- PA SALES TAX 229.27 5% Handlina Charge on All uPr,,,-nc --> FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--- PAY TERMS: 1% 10TH 8 25TH DUE DATE: NOVEMBER 25, 2007 YOU MAY DEDUCT $38.21 IF PAID ON OR BEFORE NOVEMBER 10, 2007 TOTAL: $ 4,050.41 =74 , KOHL BUILDING PRODUCTS E C CONTRACTORS 259 FRONT ST LINDEN PA 17744-7706 KOHL BU NG PRODUCTS REMIT TO: 49 H AND S DR. PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE, PA 17870 READING. PA 19605-9311 INVOICE S E C CONTRACTORS H I 259 FRONT ST P LINDEN PA 17744-7706 MISC: JEM2 INVOICE NO. 235433 1'NVOICE DATE 11-06-07 CUSTOMER-WHITE ACCOUNT # SHIP DATE SHIP VIA PAGE' ECC020 11-05-07 DELIVERY 1 REFERENCE FREIGHT TERM ME$SAZ#f 206960 570-321-9623 OUTSIDE SALESMAN I NSIDE SALESMAN PURCHASE ORDER ROD BANZHOFF JOE MCCRACKEN FARRINGTON-ROD B QUANTITY ORDERED SHIPPED U OM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT 1 1 EACH NB00017487 2/8 X 6 8 LH 1 EACH 452.000 452.00 THERMATRU FC18 FIBER CLASSIC PRE-HNG,DR W/6 9/16 PRM JMB & BM, HP SILL, DB BRE, LH 1 1 EACH SONR 1 EACH N/C THIS ORDER CONTAINS SPECIAL ORDER MATERIALS THAT ARE NON-RETURNABLE Signature Date ---------------------------------------- 206960 248* 1 1 FUEL ?x 10.000 10.00 t - FUEL SURCHAR_I-_' TO JOB SITE SUB-TOTAL r F ;:> 452.00 61; PA SALES TAX 27.72 15% Handling Charge On All Returns --? FUEL SURCHARGE ON ALL DELIVERIES AS OF 5-3-04 <--- PAY TERMS: 1% 10TH &'25TH DUE DATE: DECEMBER 10. 2007 YOU MAY DEDUCT $4.62 IF PAID ON OR BEFORE NOVEMBER 25, 2007 TOTAL: $ 489.72 KOHL KOHL BU NG PRODUCTS REMIT TO: BUILDING PRODUCTS 49 H AND S DR. PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE. PA 17870 READING PA 19605-9311 INVOICE E C CONTRACTORS S H 259 FRONT ST I INVOICE NO. SC1107 INVOICE DATE 11-30-07 LINDEN PA 17744-7706 P ACCOUNT # SHIP DATE SHIP VIA E00020 11-30-07 .. . ........................... RFFOWNCE FREIGHT TERM ML?$SA3# 76919 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN PURR ROD BANZHOFF QUANTITY 1 ORDERED> SHIPPED t10M DESCRIPTKIN QUANTITY U01 PRICE DISCOUNT EXT LATE PAYMENT FOR MONTH ENDING NOVEMBER, 2007 $113.81 18.00 % SERVICE CHARGE FOR PAST DUE BALANCE OF $7587.18 TOTAL: $ 113.81 i r BUILDING PRODUCTS E C CONTRACTORS 259 FRONT ST LINDEN PA 17744-7706 ACCOUNT # E00020 KOHL BU _NG PRODUCTS REMIT TO: 49 H AND S DR, PO BOX 306 1047 OLD BERNVILLE ROAD SELINSGROVE, PA 17870 READING PA 19605-9311 INVOICE S H I P SHIP DAT 12-31-07 INVOICE NO. SC1207 INVOICE DATE 12-31-07 1 rRun ttttM MESSAGE 78219 LATE PAYMENT OUTSIDE SALESMAN INSIDE SALESMAN PURCHASE ORDER ROD BANZHOFF QUANTITY UOM DESCRIPTION ORDERED st#IPVEII QUANTITY UOM PRICE DISCOUNT EXT LATE PAYMENT FOR MONTH ENDING DECEMBER, 2007 $121.15 18.00 % SERVICE CHARGE FOR PAST DUE BALANCE OF $8076.90 TOTAL: $ 121.15 KOHL KOHL BU _NG PRODUCTS REMIT TO: BUILDING PRUDUaS 49 H AND S DR, PO BOX 306 1047 OLD BERNVILLE ROAD INVOICE NO. SELINSGROVE, PA 17870 READING PA 19605-9311 INVOICE SC0108 E C CONTRACTORS S INVOICE DATE H 01-31-08 259 FRONT ST I LINDEN PA 17744-7706 P ACCOUNT # SH P DATE SHP VIA PAGE ECC020 01-31-08 1 REFERENCE FIiE1C,?HT tEt M MESSAGE 79429 LATE PAYMENT OUTSIDE SALESMAN I NSIDE SALESMAN P'URGHAS>_ ORDER ROD BANZHOFF QUANTITY ORDERED ShtPPED UUM DESCRIPTION QUANTITY UOM PRICE DISCOUNT EXT LATE PAYMENT FOR MONTH ENDING JANUARY, 2008 $121.15 18.00 % SERVI CE CHARGE FOR PAST DUE BALANCE OF $8076.90 Service charge 11/30/07 $ 113.81 Service charge 12/31/08 $ 121.15 Service charge 1/31/08 $ 121.15 YVW' $I '"mill `so. 9 wti C..J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05375 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KOHL ROOFING & SIDING CO VS BOWER RODNEY D ET AL D/B/A E.C R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BOWER RODNEY D D/B/A E C CONTRACTORS but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LYCOMING County, Pennsylvania, to serve the within COMPLAINT & NOTICE On October 14th , 2008 this office was in receipt of the attached return from LYCOMING Sheriff's Costs: So answers -= Docketing 18.00 _r ? -= Out of County 9.00 Surcharge 10.00 . Thomas Kline Dep Lycoming Co 26.56 Sheriff of Cumberland County Postage 2.10 65.66 IV Y 10/14/2008 SILVERMAN & ASSOCIATES Sworn and subscribe to before me this day of , A. D. r' In The Court of Common Pleas of Cumberland County, Pennsylvania. Kohl Roofing & Siding Co t/a Kohl Building Products Inc VS. Rodney D. Bower d/b/a E.C. Contractors No. 08-5375 civil Now, September 11, 2008 , I. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lyccming County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, SEPTEMBER 16, 1 20 08 , at 4:15 o'clock P. M. served the within COMPLAINT upon RODNEY D. BOWER d/b/a E.C. CONTRACTORS at 259 FRONT STREET, LINDEN, LYCOMING COUNTY, PA. by handing to RODNEY E. BOWER PERSONALLY a TRUE AND ATTESTED. copy of the original and made known to HIM Sworn and subscribed before me this 8th day Qf OCTOBER , 20 08 So answers, X COMPLAINT the contents thereof. Sheriff of LYCO G County, PA Charles B w r COSTS BY. Bra Rockwell, Deputy SERVICE $ 18.00 MILEAGE 6.06 AFFIDAVIT 2.50 $26.56 PAID 10/1/08 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bernville Road Reading, PA 19605 Plaintiff. V. Civil No. 08-5375 RODNEY D. BOWER d/b/a E.C. CONTRACTORS 259 Front Street Linden, Pennsylvania 17744-7706 Defendant. ANSWER Defendant on his own RODNEY D. BOWER answers as follows: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 17. Neither admitted or denied, therefore proof is demanded. 18. Neither admitted or denied, therefore proof is demanded. 19. a. Neither admitted or denied, therefore proof is demanded. b. Neither admitted or denied , therefore proof is demanded. c. Neither admitted or denied, therefore proof is demanded. d. Neither admitted or denied , therefore proof is demanded. e. Neither admitted or denied, therefore proof is demanded. NEW MATTER 10. Among items delivered tome for approximately 20 jobs were including but not limited to: Misfit sashes in double hung windows, aluminum grids between the glass that were not straight and did not line up with the lower sash grids installed between the glass, torn screens, damaged lift handles on the bottom sashes, silicone caulking smeared on inside of glass, installation screws to be included with window and sill stops to be included with windows not delivered with the windows. Despite demand they have refused to replace the defective items. This has caused me to spend in excess of $10,000 to repair the windows, cure the defects, and replace missing parts of materials supplied to me by the plaintive. WHEREFORE, defendant demands that the judgment be entered against the plaintiff and in favor of the defendant. Respectfully submitted. RODNEY D. BOWER 259 Front St! Linden, PA 17744 -2- C.0 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. Plaintf, vV. Civil No: 08-5375 RODNEY D. BOWER d/b/a E.C. CONTRACTORS. Defendant. CERTIFICATE OF SERVICE OF DISCOVERY I HEREBY CERTIFY that on this 27th day of February, 2009, copies of the following documents were sent by first class mail, postage pre-paid, to, Rodney D. Bower 259 Front Street Linden, Pennsylvania 17744-7706. 1. Plaintiff's First Set of Interrogatories to Defendant Rodney D. Bower d/b/a E.C. Contractors 2. Plaintiff's First Request for Production of Documents to Defendant Rodney D. Bower d/b/a E.C. Contractors Counsel for Plaintiff will retain the original documents in his possession, without alteration, until the case is concluded in this Court. SOCIATES, CHTD. G S. Silverman, Esquire +1200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 27th day Certificate of Service of Discovery was sent by by D. Bower, 259 Front Street Linden, Pennsylvania[ 2009, a copy of the foregoing hostage pre-paid to: Rodney S. Silverman 1 37593 vs rT- cn a IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. Plaintiff, V. Civil No: 08-5375 RODNEY D. BOWER d/b/a E.C. CONTRACTORS. Defendant. FIRST REQUEST OF PRODtjCTION OF DOCUMENTS DOCUMENTS REQUESTED Request No. 1: There were no Contracts between Defendant and Plaintiff. Windows were called in over phone, filled out on order form and or photo copied from my tablets. Request No. 2: Only written modifications were what Dwayne (last name unknown) tried to forge. Request No. 3: Question not understood. Request No. 4: Refer to Request No. 1 Request No. 5: Only Oral communication by phone or in person. Request No. 6: Kohl's would have records of all the jobs reordered : broken lift handles, grids not in Alignment, dirt between the glass, etc. Request No. 7: Credits were requested Orally and by phone calls multiple times to Dwayne, Jack, Phil Weaver, Jimmy, and Rod. Request No. 8: No Credits were made for the list in Request # 6, therefore their are no Documents nor payments. Request No. 9: None at this time. Request No. 10: Refer to Request No. 1 Request No. 11: Document No.1 attached showing credit given from Simonton from another Whole- saler. Defendant ordered PO#: W575784 Simonton put in quote file and did not ship on time. Defendant de- manded discount and Simonton granted a 30% discount. Original quote price as $3970.24 before tax and after discount, invoice priced at $2795.93 before tax. Simonton discounted job $1174.31, Explained in Interrogato- ries. Request No. 13: No Documents at this time. Requests were orally face to face and over the phone. Request No. 14,15, and 16: None at this time. Respectfully Submitted, RODNEY D. BOWER Rodney D. Bower 259 Front St. Linden, PA 17744 570-321-9623 Page: 3 Sim #: 001666 Emp: Entered: 8/2612008 Xmitted: 9/12/2008 _ PO #: W575784 Customer #: W1600 Job Name: GEORGE Home Owner: E.C. CONTRACTORS Project ID: 259 FRONT STREET Location: Lot #: LINDEN, PA 17744-7706 Model: Phone: 570-321-9623 Contact: ROD Fax: Cust PO#: Ln Qty Long Description No Ord 17 Total Qty Windows 17 Total Qty Units NOTES: ALL WINDOWS ARE MADE ON THE QUARTER INCH. Sub Total: 3,970.24 Sub Total: 3,970.24 Tax: 6.0000% 238.21 Sub Total: 4,208.45 Non-Tax Labor: 0.00 Total: 4,208.45 Deposit Paid: 0.00 Amount Due: 4,208.45 Submitted by: Accepted by: Date: 'ALL WINDOWS AND DOORS ONCE SIGNED FOR AND ORDERED CANNOT BE CANCELLED OR RETURNED** PAST INVOICE Number 808350 Date 10/13/08 'Page 1 - Bill TO E.C. CONTRACTORS Ship To: I E.C. CONTRACTORS W1600 259 FRONT ST j TEMP .259 FRONT ST LINDEN, PA 17744-7706 LINDEN, PA 17744-7706 Reference # Shipped Salesperson Terms Tax Code Doc # Wh Freight Ship Via GEORGE 10/13/08 HSB HOUSE ACCO NET 30 DAYS i PA 575784 08 PREPAID CALL Item Description Ordered Shipped Backordrd UM Price UM Extension -r-- T SW55 SIMONTON 5500 WINDOW 1 1 j 0 LT 2795.93 j LT 2795.93 17 ABOVE ITEM IS NOT-RETURNABLE SIM# 7066742 i I i i i I i I I Merchandise Misc Discount Tax Freight Total Due 2795.93 .001 167.76 T .001 2963.69 Fir'1CE OF THE PROTHONOTARY 2009 APR -2 PH 3: 22 n,-N?? a, ;??n'i?ur IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. Plaintiff, V. Civil No: 08-5375 RODNEY D. BOWER d/b/a E.C. CONTRACTORS. Defendant. FIRST SET OF INTERROGATORIES INTERROGATORY NO. 1: RODNEY D. BOWER 259 FRONT ST. LINDEN, PA 17744 Self-employed INTERROGATORY NO.2: Please define expert? INTERROGATORY NO.3 Dwayne (last name unknown) witness to: LForging of multiple window orders. Defendant requested copy of said forgery. Copy de- nied. Kohl's retained documents. Dwayne is well aware of the multiple complaints Defendant made about conditions of windows delivered and problems with grids, damage to lift handles and screens that defendant incurred multiples trips back to jobs to repair and or replace said sashes. 2.Jimmy(inside sales/driver) is aware of many problems I encountered. His best was un- trained mulling of two double hung windows. Ordered as "factory mull'b' defendant. "Factory mull" means that two or more windows are fastened together but trained employees. It is done to meet specific requirements. Metal plates are attached to top and bottom of sashes and caulk in between windows as part of the sealing process. But not ordered properly by Kohl's, Dwayne and Jimmy tried to cover up and made a mess of a twin unit. Defendant did not discovered until on the job site and al- ready removed old windows. Defendant had to drill and plug holes made by Jimmy trying to screw the windows together like two pieces of wood. Defendant had to spend time to drill and plug holes and waste time fixing damage incurred by Kohl's. Not sure if the mulled unit would be covered under warranty because of improper mulling. Request made to reorder window, Dwayne's Response "come on Mr. Window man make it work, I am not reordering the windows". Request denied. Request made for discount for time and damage to window unit. Request denied. Credit for the charge of be- ing factory mulled but not factory mulled unknown. Jimmy would also be aware of the multiple jobs that were messed up and that the Defendant had prob- lems with. Jimmy may or may not have been present during requests for discount. 3. Erin (driver) will testify to multiply jobs that were messed up: something missing something broken- lift handle, screen etc. Was also aware of jobs that the caulking was all smeared over sashes and frames. Is also a witness on the "Jimmy factory mull" job. Was present during many discussions of discout requests. Is also a witness to Dwayne forging documents of windows orders and Dwayne changes to cover himself. 4.Jack (Kohl's Corporate) I made many phone call explaining problems with orders and with Dwayne he would say he would look into it but never get back to me. Most of the time I only get a message back it I got into 30 days overdue on my account. Very few request were granted! 5.Phi1(Simonton Rep.) Made multiply complains to Phil about Kohl's and about problems I was having with the consistency with Simonton windows. The only consistency was defective prob- lems. Requested discounts, he said he would get in touch with Kohl's and work something out. As far as I know Kohl's may have received discounts but never forwarded them to Dwayne to forward to me. It became a broken record about grids that move during shipping and was also told they are working on the problem. Request made for compensations having to reorder the windows all the time. Would never heard back or Kohl's received discount. INTERROGATORY NO. 4: answered in No. 3 INTERROGATORY NO. 5: none at this time INTERROGATORY NO. 6: answered in No. 3 INTERROGATORY NO. 7: Document No. I that defendant attached to "request of production of documents" Shows the Discount that Simonton is willing to give on a problem with there windows. I requested a quote from Simonton through another wholesaler on a window order with the driftwood color. Quote was returned after contracted signed with customer order was placed. Lead time was two weeks because of color. After order was not received a call was made. Simonton had mistakenly put the order back in the quote file and had not made the order. I requested a discount on the job, a 30% discount was granted. Discount was $1174.31 on a job that wasjust late! Therefore proving that discounts on orders are available on jobs that are not right. As far as defendant knows plaintiff either ignored my requests or kept discounts. INTERROGATORY NO. 8: Documents that Dwayne forced are in the possession of Kohl's. INTERROGATORY NO. 9: I have placed orders well in excess of $100,000 with Kohl's over the last years. Estimate $40,000 in orders with problems $40,000 times 30 % equals $12,000 in dis- counts on orders with problems. INTERROGATORY NO. 10: Multiple request made orally. Did not keep track of 50+ re- quests. INTERROGATORY NO. 11: Answered in No. 9 INTERROGATORY NO. 12: Answered in No. 3 in full. NO. 13: All payments were made that defendant owes. Balance is paid INTERROGATORY NO. 14: Answered in No. 9. I have only counter for $10,000 but I am Wthing to settle for the $8433.01. INTERROGATORY NO. 15. Answered in No. 14. INTERROGATORY NO. 16. All questions answered by Rodney Bower of E.C. Contractors, defendant. Respectfully submitted, Rodney Bower Rodney Bower 259 Front St. Linden, PA 17744 t? ,? .: -.., ?? ? ?a .,?? t?`= ?* W ' 3 ? ?? f ?wr Fi` T` "PlY IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLV LA , ::.J KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. :!?'?J' ?i+?' Plaintiff, V. : Civil No: 08-5375 RODNEY D. BOWER d/b/a E.C. CONTRACTORS Defendant. COUNTER-REPLY TO NEW MATTER WHICH WAS CONTAINED IN DEFENDANT'S ANSWER Plaintiff, Kohl Building Products Co. t/a Kohl Building Products Inc. ("Kohl") by and through its attorneys, Silverman Theologou, LLP, and Gary S. Silverman, Esquire, hereby responds to the new matter as follows: 1. Defendant Rodney D. Bower d/b/a E.C. Contractors filed his Answer on January 16, 2009. 2. Although there was no indication in the caption, the Answer also included a New Matter. ANSWER TO NEW MATTER 3. The allegations of Paragraph 10 are denied and Kohl demands strict proof thereof. WHEREFORE Plaintiff respectfully requests that this Honorable Court dismiss the Defendants' New Matter with prejudice and grant judgment to Kohl in the amounts set forth in the original complaint and any such other relief as the Court deems just and proper. 1 37593 Respectfully Submitted, SILVFXMAl1'HEOLGQOU, LLP PA Bar RC-44089 11200 Rockville Pike Suite 300 North Bethesda, Maryland 20852 (301) 468-4990 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this Go+k-N day of l1010, a copy of the foregoing ? Counter-Reply to New Matter Which Was Contained In Defendant's Answer was mailed via first-class mail, postage pre-paid, to: Rodney D. Bower 259 Front Street Linden, Pennsylvania 17744- 2 37593 40 a., .g..5.--,J , �l� .oh I (16 v)gvt. ta uc-i-s, c. Case Nov?- C3 VS 0 Zi. ile,,, -�, t , 7)-- &WC� C� , Statement of Intention to Proceed r Y=r _ To the Court: ~ PI 6Cr lc[r-fr intends to proceed with the above captioned matter. i Print Name j a J\S -- k,„,,�,fsign Namc C alli°f rt Date: jQ l�3 (3 Attorney for i