HomeMy WebLinkAbout09-6268
Brian K. Zellner, Esquire
Hynum Law
Atty. ID #59262
2608 N. Third Street
Harrisburg, PA 17110
(717) 7741357
CAPITOL DOOR AND HARDWARE
COMPANY, INC.,
Plaintiff
V.
MILLER & NORFORD, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. CA- (c &S CtvZi ` eXTA
CIVIL ACTION - LAW
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty 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 HELD'.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone 717-249-3166
USTED HA SIDO DEMANIDADO EN CORTE. Si usted desea defenderse de las
demandas que se presentan mas adelante en las siguientes paginas, debe tomar
accion dentro de is proximos viente (20) dial despues de la notification de esta
Demanda y aviso radicando personalmente o por rnedio de un abogado una
comparecencia escrita y radicando en la Corte por escritosus defenses de, y
objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de qUe si
usted falla de tornar accion como se escribe anteriormente, el caso puede proceder;sin
usted y un fallo por qualquier suma de dinero reclamada en la demandaa o cualquier
otra reclamacion o remedio solicitado por el demandanta puede ser dictado en contra
suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad y'.
otros direchos importantes para usted.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTE.
Sl LISTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA.
ESTAOFICINA PUEDE PRO VEERLE INFORMACION A CERCA DE COMO
CONSEGLJTR UNABOGADO.
ST LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSSIBLE QUE ESTA OFICINA LE PUEDA PRO VEER INFORMACION SOBRE
AGENCIES QUE OFREZCAN SERVTCIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUECUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone 717-249-3166
Brian K. Zellner, Esquire
Hynum Law
Atty. ID #59262
2608 N. Third Street
Harrisburg, PA 17110
(717) 7741357
CAPITOL DOOR AND HARDWARE
COMPANY, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
: NO. Oq- L a G F C&;t,4 -7-",*,
V.
MILLER & NORFORD, INC.,
Defendant
CIVIL ACTION - LAW
COMPLAINT
1. Plaintiff, Capitol Door and Hardware Company, Inc., is a corporation organized
under the Laws of the Commonwealth of Pennsylvania with an address of 774
Corporate Circle, New Cumberland, PA 17070.
2. Defendant, Miller & Norford, Inc., is a corporation organized under the Laws of the'
Commonwealth of Pennsylvania with an address of 516 Bridge Street, New
Cumberland, PA 17070.
3. From October 28, 2008 until December 4, 2008, the Plaintiff provided the
Defendant with doors and other materials totaling $14,718.10 for the Londonderry
Fire Company. Attached hereto as Exhibit "A" are true and correct copies of the
frame door orders and invoices.
4. On November 26, 2008, the Plaintiff and Defendant entered into a contract in
which the Plaintiff was to provide the Defendant with doors and other materials for
the St. Paul's Lutheran Church project. Attached hereto as Exhibit "B" is a true and
correct copy of the Purchase Order.
5. Various change orders were issued for this project. Attached hereto as Exhibit
"C" are the change orders and invoices for the change orders.
6. The Defendant has not paid for the change orders totaling $2,655.30.
7. The Plaintiff as made requests for payment and the Defendant has refused to pay.
COUNT I -- BREACH OF CONTRACT
8. Paragraphs 1 through 7 are incorporated herein by reference as though set forth
at length.
9. The Plaintiff produced materials pursuant to the purchase/Work orders issued by
the Defendant.
10. The Plaintiff produced the materials that it was contracted to produce in a timely,
good and workmanlike manner.
11. The Defendant breached the contract between the parties by failing to pay for
the materials produced.
12. As a result of the Defendant's breach of contract, the Plaintiff has suffered
damages in the amount of $17,373.40.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order?as
follows:
a. Granting judgment for the Plaintiff and against Defendant, in the amount of
$17,373.40;
b. Granting Plaintiff its costs incurred in connection with this action;
c. Granting reasonable attorney fees;
d. Granting Plaintiff interest and,
e. Granting such other relief as the Court deems equitable and just.
COUNT II -- UNJUST ENRICHMENT
13. Paragraphs 1 through 12 are incorporated herein by reference as though set
forth at length.
14. Count II - Unjust Enrichment is pled in the alternative to Count I.
15. From October 28, 2008, Defendant has been afforded the value of the Plaintiff's
material and has failed to make payment.
16. As a result, the Defendant has been unjustly enriched and received benefit.
17. Acceptance and retention of this benefit by the Defendant, under the
circumstances, is inequitable.
18. As a result of the Defendant's failure to pay Plaintiff, Defendant has been
unjustly enriched in the amount of $17,373.40.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as
follows:
a. Granting judgment for the Plaintiff and against Defendant, in the amount of
$17,373.40;
b. Granting Plaintiff its costs incurred in connection with this action;
c. Granting reasonable attorney fees;
d. Granting Plaintiff interest and,
e. Granting such other relief as the Court deems equitable and just.
COUNT III - FRAUD
19. Paragraphs 1 through 18 hereof are incorporated herein by reference as though set
forth at length.
20. In order to induce the Plaintiff to produce materials for the Defendant, the Defendant
represented to the Plaintiff that it would pay for the materials produced.
21. Plaintiff believes, and therefore avers, that such representation was
materially false, in that Defendant has not paid for the materials produced.
22. Such material misrepresentation was made by Defendant with actual
knowledge of its falsity, or in reckless disregard of its truth or falsity, as to the
actual intent of Defendant with respect to its intent to pay for the materials
produced.
23. In justifiable reliance upon the material misrepresentation of Defendant,
Plaintiff produced materials for the Defendant on its building projects.
24. The Plaintiff would not have agreed to produce the materials if Plaintiff had
been aware of the fact that Defendant would not pay.
25. As a result of the misrepresentations of Defendant and its failure to pay for
the materials produced as originally agreed, Plaintiff has been damaged in the
amount of $17,373.40.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order as
follows:
a. Granting judgment for the Plaintiff and against Defendant, in the amount of
$17,373.40;
b. Granting Plaintiff its costs incurred in connection with this action;
c. Granting reasonable attorney fees;
d. Granting Plaintiff interest and,
e. Granting such other relief as the Court deems equitable and just.
Brian K. Zellner, Esquire
Attorney ID 59262
Hynum Law
2608 N. Third Street
Harrisburg, PA 17110
[717] 774-1357
Attomey for Plaintiff
VERIFICATION
I, Ma46, 2 S. NPR hereby state that I am the authorized representative of
the Plaintiff in this action and that the statements of fact made in the foregoing
Complaint are true and correct to the best of my information and belief. The
undersigned understands that the statements herein are made subject to the
penalties of 18 Pa. Cons. Stat. Ann. -§ 4904 relating to unsworn falsification to
authorities.
?,,, f,.o??r
Date; 91 ! 5) z oog --
EXHIBIT "A"
CAPITOL DOOR AND HARDWARE COMPANY, INC.
774 CORPORATE CIRCLE
NEW CUMBERLAND, PA 17070
Phone: (717) 774-7440
SUBMITTED TO:
ESTIMATING DEPT
A
i
Fax: (717) 774-6992
DATE: 1/31/2008
QUOTE: 013101 MR
JOB NAME: LONDONDERRY FIRE CO
LOCATION: MIDDLETOWN, PA
WE HEREBY PROPOSE TO FURNISH THE FOLLOWING MATERIALS
FINISH HARDWARE SEC. 08710
28 LEAVES FOR WOOD & H.M. DOORS $12,900.00
HOLLOW METAL SEC. 08110
27 FRAMES
11 DOORS $ 5,850.00
WOOD DOORS SEC. 08210
?A
18 DOORS
3650.00
$22,400.00
I c? PA TAX 1,344.00
TOTAL $23,744.00
L 141 t, CA
SCOPE: ?,2 P
1) FINISH HARDWARE
A) AS SPECIFIED
2) HOLLOW METAL
A) EXTERIOR FRAMES ARE 16 GA. X WELDED X GALVANIZED
B) INTERIOR FRAMES ARE 16 GA. X C.R.S. (WELDED AT MASONRY ONLY)
C) EXTERIOR DOORS ARE 16 GA. X URETHANE INSULATED X GALVANIZED X SEAMLESS
D) INTERIOR DOORS ARE 16 GA. X HONEYCOMB CORE X C.R.S. X SEAMLESS
3) WOOD DOORS
A) DOORS ARE PRE-FIT, PRE-MACHINED, FACTORY FINISHED IN STANDARD COLOR
B) DOORS ARE PARTICLE CORE WITH PLAIN SLICED RED OAK VENEER
4) EXCLUSIONS
A) GLASS & GLAZING
B) INSTALLATION
QUOTED BY: IXLCtlv?_ a . ?tt?.G?C?ti
MARC A. RYERSON, PRESIDENT (EXT. 225)
All prices are delivered unless noted.
All prices quoted herein are guaranteed for fifteen (15) days only unless otherwise noted, and are thereafter
subject to change without notice.
All quotations made and orders received applying thereto are subject to credit approval.
L..
L1 Lj u '
Capitol Door & Hardware Company
774 Corporate Circle
New Cumberland, PA 17070
Phone: (717) 774-7440 • FAX: (717) 774-6992
BILL TO:
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
QUANTITY
SHIP TO:
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
DESCRIPTION
Finish hardware per contract
CDH2080 - Londonderry Fire Company
Check No.:
FILE COPY
O OO O IR
Invoice Number: 37785
Date: 12/4/08
Due Date: 1/3/09
Terms: Net 30 Days
Customer PO: Londonderry Fire Co.
Shipped Via: Company Truck
Date Shipped: 12/4/08
Customer ID: MILLER
UNIT PRICE
EXTENDED
1,225.00
Subtotal
Freight
Pennsylvania Sales Tax
Total Invoice Amount
Payment Received
TOTAL DUE
1,225.00
73.50
$1,298.50
$1,298.50
FORM #155610
L??? C?a G D a o
Capitol Door & Hardware Company
4? 774 Corporate Circle BUILDERS HARDWARE
a?
L 0 New Cumberland, PA 17070 ARCHITECTURAL WOOD DOORS
Phone: (717) 774-7440 • FAX: (717) 774-6992 HOLLOW METAL DOORS & FRAMES
I r `! ! JOB
K NUMBER
F DATE f ' ` f
JOB
LOCATION
CONTACT
PERSON:
r p', L? t
PHONE:
QUANTITY DESCRIPTION QUANTITY CARTON
SHIPPED NUMBER
ORDER
NUMBER
24108
FOR SERVICE
CALL:
RECEIVED ABOVE IN
GOOD CONDITION
Customer's Signature
1311 I.ING FOLDER COPY
D?
Capitol Door & Hardware Company
I p f L 11 774 Corporate Circle
rla _ New Cumberland, PA 17070
Phone: (717) 774-7440 • FAX: (717) 774-6992
BILL TO:
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
SHIP TO:
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
MWOD E
Invoice Number: 37763
Date: 12/2/08
Due Date: 1 /l /09
Terms: Net 30 Days
Customer PO: Londonderry Fire Co.
Shipped Via: Company Truck
Date Shipped: 12/2/08
Customer ID: MILLER
QUANTITY Y DESCRIPTION UNIT PRICE EXTENDED
Finish hardware per contract I I 470.00
CDH2080 - Londonderry Fire Company
Subtotal 470.00
Freight
Pennsylvania Sales Tax 28,20
Total Invoice Amount $498.20
Check No.: Payment Received
16- TOTAL DUE $498.20
FILE COPY FORM #155610
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fl. Capitol Door & Hardware Company
774 Corporate Circle
I ?-ji!
Ii New Cumberland, PA 17070
Phone: (717) 774-7440 • FAX: (717) 774-6992
BILL TO:
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
QUANTITY
SHIP TO:
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
DESCRIPTION
Finish hardware per contract
CDH2080 - Londonderry.Eire Company
Check No.:
J V V OMC
Invoice Number: 37660
Date: 11/18/08
Due Date: 12/18/08
Terms: Net 30 Days
Customer PO: Londonderry Fire Co.
Shipped Via: Company Truck
Date Shipped: 11/18/08
Customer ID: MILLER
UNIT PRICE Y EXTENDED
1,830.00
Subtotal 1,830.00
Freight
Pennsylvania Sales Tax 109.80
Total Invoice Amount $1,939.80
Payment Received
TOTAL DUE $1,939.80
FORM #155610
FILE COPY
DaRDWARF V?
Capitol Door & Hardware Company 0 Td 774 Corporate Circle BUILDERS HARDWARE
00U New Cumberland, PA 17070 ARCHITECTURAL WOOD DOORS
Phone: (717) 774-7440 FAX: (717) 774-6992 HOLLOW METAL DOORS & FRAMES
JOB
NUMBER DATE
JOB IFE? LOCATION
' / . mac' is a'' ?f I CONTACT
QUANTITY ?.,?..?.. ,, ,..? , . , , ;..,? ?
DESCRIPTION - -
QUANTITY ? 1h ? r,• ,:
s
CARTON
SHIPPED NUMBER
t f
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_ if ?,.: j.;???•G ? ':s .' t` t?., ;,:ip;, ?t.? ;<;r ?
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ORDER
NUMBER FOR SERVICE n. RECEIVED ABOVE IN /
CALL: J < CP1 GOOD CONDITION
24 y stomer's Signature
RII I IeJr Gnl r)I=Q rnDV
Ii (f (j 1! Capitol Door & Hardware Company
774 Corporate Circle
I?lla 111 II New Cumberland, PA 17070
`_ I j Phone: (717) 774-7440 FAX: (717) 774-6992
BILL TO:
Miller & Norford, Inc.
700 Ayers Avenue
Lemoyne, PA 17043
QUANTITY
SHIP TO:
Miller & Norford, Inc.
Londonderry Fire Company
2655 Foxianna Road
Middletown, PA 17057
DESCRIPTION
Finish hardware per contract
Wood doors per contract
CDH2O80 - Londonderry Fire Company
Check No.:
FILE COPY
DHISODME
Invoice Number: 37453
Da te: 10/28/08
Due Date: 11/27/08
Terms: Net 30 Days
Customer PO: Londonderry Fire Co
Shipped Via: Company Truck
Date Shipped: 10/28/08
Customer ID: MILLER
UNIT PRICE
Subtotal
Freight
Pennsylvania Sales Tax
Total Invoice Amou nt
Payment Received
TOTAL DUE
EXTENDED
6,710.00
3,650.00
10,360.00
621.60
$10,981.60
$10,981.60
FORM #155610
oa'0o
Capitol Door & Hardware Company
774 Corporate Circle
New Cumberland, PA 17070
Phone: (717) 774-7440 9 FAX: (717) 774-6992
BUILDERS HARDWARE
ARCHITECTURAL WOOD DOORS
HOLLOW METAL DOORS & FRAMES
JOB
NUMBER f' a ;{ ,:_:111C ' ` DATE
I
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r'' JOB w
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k
•. LOCATION ,
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CONTACT PHONE:
PERSON:
QUANTITY DESCRIPTION QUANTITY CARTON
SHIPPED NUMBER
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NUMBER FOR SERVICE RECEIVED ABOVE IN
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Customer's Signature
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EXHIBIT "B"
PURCHASER
CONTRACTOR:
MILLER & NORFORD, INC.
700 Ayers Avenue
Lemoyne, PA 17043
SUBCONTRACTOR:
CAPITOL DOOR AND HARDWARE CO., INC.
774 CORPORATE CIRCLE
NEW CUMBERLAND, PA 17070
Purchase Order No. 53460
Date: 11/10/08
R E: C IV
OV 13 2008
APITDL DOOR 00 AROWARE
I
We hereby accept your proposal to furnish labor and/or material for ST. PAUL'S LUTHERAN CHURCH
Furnish and deliver the following materials in strict accordance with the plans and specifications prepared by
Bink Architectural Partnership listed below:
FINISH HARDWARE:
Exterior door - hinges, exit only exit device. door cioser with stop feature arm. threshold, weatherstrip,
rain drip
Interior door - hinges, storeroom lock, wall bumper, silencers
HOLLOW METAL
2 hollow metal frames
I hollow metal door
WOOD DOORS:
1 wood door
Total including PA sales tax
Architectural drawings as prepared by Bink Architectural Partnership dated June 191h, 2008
Architectural
A101 Floor plans and elevations
A102 Sections, elevations and details
Accepted this=day of /j ye4he%2008.
authorized Signature of subcontractor.
In accordance with Prime Contract Documents including certain
plans and specifications prepared by as noted above
Your signature below acknowledges that you have fully read and
accept this Contract and the conditions on page two.
$1860.30
CONTRACTOR: MILLER & NORFORD, INC.
By: -9a*-4 21!7!?
CAPITOL DOOR AND HARDWARE COMPANY, INC.
774 CORPORATE CIRCLE
NEW CUMBERLAND, PA 17070
Phone: (717) 774-7440 Fax: (717) 774-6992
DATE: JULY 3, 2008
QUOTE: 07/03-01 RVR
SUBMITTED TO:
MILLER AND NORFORD, INC.
700 AYERS AVENUE
LEMOYNE, PA 17043
ATTN: BRIAN ENTERLINE
JOB NAME: ST. PAUL'S LUTHERAN CHURCH
LOCATION: MILLERSBURG, PA
WE HEREBY PROPOSE TO FURNISH THE FOLLOWING MATERIALS:
FINISH HARDWARE:
• EXTERIOR DOOR - HINGES, EXIT ONLY EXIT DEVICE, DOOR CLOSER WITH STOP
FEATURE ARM, THRESHOLD, WEATHERSTRIP, RAIN DRIP
• INTERIOR DOOR - HINGES, STOREROOM LOCK, WALL BUMPER, SILENCERS
HOLLOW METAL:
2 HOLLOW METAL FRAMES
1 HOLLOW METAL DOOR
WOOD DOORS:
1 WOOD DOOR
NOTE: ALL OF THE ABOVE PRICED IN ACCORDANCE WITH THE SPECIFICATION AND APPROVED
SCHEDULES FOR THE CONTRACT JOB (CDH-2003) PREVIOUSLY FURNISHED.
$1,755.00
PA TAX 105.30
$1,860.30
Quoted by:
RONALD V. RYERSON, AHC
SR. PROJECT MANAGER (EXT. 224)
All prices are delivered unless noted.
All prices quoted herein are guaranteed for fifteen (15) days only unless otherwise noted, and are
thereafter subject to change without notice.
All quotations made and orders received applying thereto are subject to credit approval.
EXHIBIT "C"
FEB-10-09 TUE 04:35 PM
M.ILLER &. NORFORD
INCORPORATED
700 Ayers Avenue
Lemoyne, Pennsylvania 17043
(717) 763-7014
Pax (717) 763-1568
FAX NO.
CHANGE ORDER NO. I
DATE 9-2-08 JOB NAME St Pauls Choir Room
TO: Capitol Door and Hardware Co Inc, Renovations
774 Corporate Circle JOB NO. 53460
New Cumberland PA. 17070 DATE OF EXISTING CONTRACT: 11-10-08
P. 02
We hereby agree to make the change(s) specified below:
I''ruvide and deliver the following extra doors , frames and hardware. Per your change CC-6
Dated January 811, 2009
I Single opening at new closet
I Pair opening at new closet
NOTE: This
For $ 1405.00
Tax. $ 84.30
Total $ 1489.30
of and in conformance with the
WE AGREE hereby to snake the change(s) specified above at this price-+
DATR February 10, 2009
AIPPIIORIM-I'D SIGNA'rllRE (CONTRA[ 1Y
ACCEP'FI4,'ll-The above prices and specifications of this
Change Order are satisfactory and are hereby accepted.
All work to be performed under same terms and conditions
as specified in original contract unless otherwise stipulated.
$ 1489.30
PREVIOUS CONTRACT $ 1869.30
REVISED CONTRACT $3358.60
Date of Acceptance
Signature
(Owner) SIGN AND RETURN ONIZ COPY
CAPITOL DOOR AND HARDWARE COMPANY, INC.
774 CORPORATE CIRCLE
NEW CUMBERLAND, PA 17070
Phone: (717) 774-7440
Fax: (717) 774-6992
DATE: JANUARY 8, 2008
QUOTE: CDH 2003 CC6
SUBMITTED TO:
MILLER AND NORFORD, INC.
700 AYERS AVENUE
LEMOYNE, PA 17043
ATTN: BRIAN ENTERLINE
JOB NAME: ST. PAUL'S LUTHERAN CHURCH
LOCATION: MILLERSBURG, PA
WE HEREBY PROPOSE TO FURNISH THE FOLLOWING MATERIALS:
CHOIR ROOM ADDED OPENINGS
1 SINGLE OPENING $500.00
PA TAX 30.00
$530.00
1 PAIR OPENING $905.00
PA TAX 54.30
$959.30
NOTE: DOORS ARE UNFINISHED (FIELD FINISHING BY OTHERS)
NO FURTHER ACTION WILL BE TAKEN AT THIS TIME. PLEASE ADVISE HOW WE ARE TO PROCEED.
Quoted by:
RONALD V. RYERSON, AHC
SR. PROJECT MANAGER (EXT. 224)
All prices are delivered unless noted.
All prices quoted herein are guaranteed for fifteen (15) days only unless otherwise noted, and are thereafter
subject to change without notice.
All quotations made and orders received applying thereto are subject to credit approval.
ACCEPTANCE: DATE:
0
F, UE-D.
THE
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Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
FILED-+0r"r-ICE
OF THE P;P^ I. HO'NOTARY
2009 OCT -7 PM 3: 22
CUi? 1 J1``F
Capitol Door & Hardware Company, Inc.
vs.
Miller & Norford, Inc.
Case Number
2009-6268
SHERIFF'S RETURN OF SERVICE
10/06/2009 03:55 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 6
2009 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Miller & Norford, Inc., by making known unto Brian S. Enterline, adult in charge, at 516
Bridge Street, New Cumberland, Cumberland County, Pennsylvania, 17070 its contents and at the same
time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $43.30
SO ANSWERS,
October 07, 2009 R THOMAS KLINE, SHERIFF
De uty Sheriff
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CAPITOL DOOR AND
HARDWARE COMPANY, INC.,
Plaintiff
vs.
MILLER & NORFORD, INC.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
N0.09-6268 CIVIL
IN RE: PLAINTIFF'S MOTION FOR SANCTIONS
ORDER
AND NOW, this 9 ` day of August, 2010, a brief argument on the plaintiff s
motion for sanctions is set for Thursday, October 7, 2010, at 3:00 p.m. in Courtroom Number 4,
Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
~ ~ ~~
Kevi .Hess, P. J.
'Brian K. Zellner, Esquire
For the Plaintiff
v Miller & Norford, Inc.
Defendant
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CAPITOL DOOR AND
HARDWARE COMPANY, INC.,:
Plaintiff
V
MILLER & NORFORD, INC.,:
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV*I.
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CIVIL ACTION - LAW ` = : c
NO. 2009-6268 CIVIL TERM
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IN RE: CONTEMPT CITATION ISSUED
ORDER OF COURT
AND NOW, this 7th day of October, 2010, this matter
having been called for hearing, and the defendant having
failed to appear, and it appearing that the defendant is in
violation of our earlier orders of court, a contempt
citation is issued. The principal of Miller & Norford,
Inc., Ryan Silvagio, is ordered and directed to show cause
why he should not be adjudicated in contempt.
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Hearing on said matter to be held, and the defendant
is ordered and directed to appear on Friday, November 19,
2010, at 9:30 a.m. The defendant is cautioned that should
he fail to appear, a bench warrant will be issued for his
arrest.
Service of this order by the sheriff is authorized
in the event that the plaintiff is unable to serve this
order by certified mail with a signed receipt.
By the Court,
./ Brian Zellner, Esquire
For Plaintiff
./Miller & Norford, Inc.
516 Bridge Street
New Cumberland, PA 17070
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evi i A. Hess, P.J.
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CAPITOL DOOR AND HARDWARE
COMPANY, INC.,
Plaintiff
V.
MILLER & NORFORD, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO.09-6268 ?-
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CIVIL ACTION - LAW
PLAINTIFF'S MOTION FOR SERVICE BY PUBLICATION
AND NOW comes, Plaintiff, Capitol Door and Hardware Company, Inc. by and through
its Counsel, Brian K. Zellner, Esquire of Hynum Law and avers the following:
1. On or about February 2, 2010 Plaintiff entered judgment against Defendant
Miller & Norford, Inc.
2. On or about March 25, 2010, Plaintiff addressed Interrogatories to the
Defendant Miller & Norford, Inc.
3. Plaintiff's Counsel requested that the Defendant Miller & Norford, Inc. provide
Answers to its interrogatories and never received Answers from Defendant
Miller & Norford, Inc. to its Interrogatories sent on or about March 25, 2010.
4. Plaintiff's Counsel filed a Motion to Compel Defendant Miller & Norford, Inc.'s
Answers to Interrogatories on or about June 1, 2010.
5. An Order of Court was entered on June 4, 2010 by the Honorable Judge
Kevin Hess which granted Plaintiffs Motion to Compel and gave the
Defendant 30 days to Answer Plaintiff's Interrogatories.
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6. Plaintiffs Counsel served Defendant Miller & Norford, Inc. by letter dated
June 11, 2010 and the Order entered on June 4, 2010.
7. To date, Plaintiff's Counsel has not received Answers from Defendant Miller &
Norford, Inc. to its Interrogatories.
8. On July 27, 2010, the Plaintiff filed a Motion for Sanctions against the
Defendant Miller & Norford, Inc.
9. The Honorable Kevin A. Hess, President Judge, entered an Order on August
9, 2010, scheduling argument on the Plaintiff's Motion for Sanctions for
Thursday, October 7, 2010.
10. A hearing was held on October 7, 2010 at which the Defendant failed to
appear.
11. On October 7, 2010, the Honorable Kevin A. Hess entered an Order directing
that a hearing be held on Friday, November 19, 2010 at 9:30 a.m.
12. Service of this Order by the Sheriff was authorized in the event the Plaintiff
was unable to serve the order by certified mail with a signed receipt.
13. The Plaintiff attempted to serve the order by certified mail and the mail was
returned unclaimed.
14. The Plaintiff then attempted to have the Sheriff serve the Order.
15. The Plaintiff was informed by the Sheriffs Department that 516 Bridge
Street, New Cumberland, PA 17070 was not a valid address for the
Defendant.
16. Plaintiff s Counsel performed a LexisNexis Accurint search which revealed
several addresses and checked those addresses with the Sheriffs Office.
17. The Sheriffs Office informed Plaintiff's Counsel that none of the additional
addresses were valid.
18. Plaintiff's Counsel also performed a white pages search which did not reveal
an address.
19. Plaintiff's Counsel performed a Recorder of Deeds search and the Defendant
does not own any property in Cumberland County.
20. The Plaintiffs Counsel is requesting that the Court enter an order allowing the
Plaintiff to serve the Defendant by Publication with the Order scheduling the
hearing on the Contempt citation.
21. The hearing on the Contempt Citation has been rescheduled for February 8,
2011.
WHEREFORE, the Plaintiffs respectfully request that Your Honorable
Court enter an order allowing the Plaintiff to serve the Defendant with the
Contempt Citation by publication in a newspaper of general circulation in
Cumberland County.
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Date: i rInlfv `
Brian K. Zellner
Attorney ID 59262
Hynum Law
2608 N. Third Street
Harrisburg, PA 17110
[717] 774-1357
Attomey for Plaintiff
NOY 2 3Z010
CAPITOL DOOR AND HARDWARE IN THE COURT OF COMMON PLEAS
COMPANY, INC., CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
NO.09-6268
V.
MILLER & NORFORD, INC.,
Defendant
CIVIL ACTION - LAW
ORDER
AND NOW, this Z f # day of ^bru4.,- , 2010, upon consideration of the
Plaintiff's Motion for Service by Publication, it is hereby ORDERED AND DECREED
that said Motion GRANTED. The Plaintiff is hereby granted leave to serve the
Defendant with the Contempt Citation by Publication in a newspaper of general
circulation in Cumberland County, Pennsylvania.
Dis ution:
rian K. Zellner, Esquire
2608 North 3`d Street
Harrisburg, PA 11I7111r0
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COMMONWEALTH OF PENNSYLVANIA
Vs
Ryan Silvagio
In the Court of Common Pleas
Cumberland County, Pennsylvania
CASE NO. 09-6268
I, Mark Conklin, Deputy Sheriff, being duly sworn according to law
state that on July 14, 2011 the above named defendant was arrested by
Deputies Shertzer and I. The defendant was brought in front of Judge Hess
and released.
Sheriff Cost: 10 Miles $5.00
So answers,
Ronny R. Anderson,
Sheriff
By
eputy Mark Conklin
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CAPITOL DOOR AND IN THE COURT OF COMMON PLEAS OF
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Plaintiff C
CIVIL ACTION - LAW
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MILLER & NORFORD, INC., < a
Defendant mac, ?' =
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IN RE: MOTION FOR SANCTIONS AND CONTEMPT CITATION
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ORDER
AND NOW, this /$ ~ day of July, 2011, further proceedings in this matter are set for
August 11, 2011, at 9:15 a.m. in Courtroom Number 4, Cumberland County Courthouse,
Carlisle, PA.
? Brian K. Zellner, Esquire
For the Plaintiff
Ryan Silvagio
?456 Old York Road
New Cumberland, PA 17070
Miller & Norford, Inc.
516 Bridge Street
New Cumberland, PA 17070
BY THE COURT,
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CAPITOL DOOR AND IN THE COURT OF COMMON PLEAS OF
HARDWARE COMPANY, INC., n e
Plaintiff CUMBERLAND COUNTY, PENNSYLyIA- ---0
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MILLER & NORFORD, INC., ?
2009-6268 CIVIL TERM -
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IN RE : RULE TO SHOW CAUSE
ORDER OF COURT
AND NOW, this 14th day of July, 2011, a rule is issued
on the defendant, Ryan Silvagio, to show cause why he should not
be adjudged in contempt of court. The court will set further
hearing in this matter at the convenience of the parties upon the
defendant's assurance that he will appear. He is released on his
own recognizance.
By the Court,
Brian Zellner, Esquire
For the Plaintiff
Miller & Norford, Inc.
516 Bridge Street
New Cumberland, PA 17070
Defendant
? Mr. Ryan Silvagio
456 Old York Road
New Cumberland, PA
Defendant
Kevin Hess, P.J.
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CAPITOL DOOR AND IN THE COURT OF COMMON PLEAS OF
HARDWARE COMPANY, INC.,
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V CIVIL ACTION - LAW
MILLER & NORFORD, INC., 2009-6268 CIVIL TERM
Defendant
IN RE: BENCH WARRANT
ORDER OF COURT
AND NOW, this 11th day of August, 2011, the defendant,
Ryan Silvagio, having failed to appear for a hearing this date as
previously directed, a bench warrant is issued for his arrest.
By the Court,
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Kev' A. Hess, P.J.
Brian Zellner, Esquire j
For the Plaintiff
Miller & Norford, Inc. .
516 Bridge Street
New Cumberland, PA 17070
Defendant j
Mr. Ryan Silvagio rn a.
456 Old York Road :r::o c-, -?'
New Cumberland, PA
Defendant
sheriff 4amcidiverwwi
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CAPITOL DOOR AND
HARDWARE COMPANY, INC. IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION - LAW
MILLER & NORFORD, INC. CASE NO. 09-6268
Defendant
CIVIL BENCH WARRANT
TO THE SHERIFF OF CUMBERLAND COUNTY:
You are hereby commanded by the Court of Common Pleas of Cumberland County, Civil
Division, to take RYAN SILVAGIO who stands charged in said Court for having failed to
appear for a hearing this date as previously directed, a bench warrant is issued for his
arrest, and forthwith bring the said person before the court upon his arrest as soon as possible, or
one of the Judges thereof, for the purpose of commitment to the Cumberland County Prison.
Witness this 12th day of August, A.D., 2011
I
Buell, rothonotary
By:
Deputy