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Home My WebLink About01-2328MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff CUSTOM HOMES BY T & S, INC. and TERRY C. GROVE and STEPHANIE A. GROVE, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O I -- CIVIL ACTION - LAW 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 or 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 LAVVYER 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 Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 or (717) 249-3166 MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff CUSTOM HOMES BYT & S, INC. and TERRY C. GROVE and STEPHANIE A. GROVE, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. c~/- ~ .3 ~ ~' C~,~,~ '7'7~,,,~ CIVIL ACTION - LAW AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas enlas paginas siguientes, debe tomar accion dentro de veinte (20) dias a partir de la fecha en que recibio ia demanda y el aviso. Usted debe presentor comparecencia escrita en persona o por abogado y presentor en la Code pot escrito sus defensas o sus objeciones a Jas demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y ia Code puede decidir en su contra sin mas aviso o notificacion por cualquier dJnero reclamado en la demanda o por cualquier otra queja o compensacion reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABA JO PARA A VERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Cumberland County Courthouse 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 or (717) 249-3166 MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff CUSTOM HOMES BYT & S, INC. and TERRY C. GROVE and STEPHANIE A. GROVE, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, MOORE'S LUMBER & BUILDING SUPPLIES, INC., by its attorneys, KUNDRAT & ASSOCIATES, and states the following cause of action: 1. Plaintiff, MOORE'S LUMBER & BUILDING SUPPLIES, INC., is a Virginia corporation authorized to do business in Pennsylvania with offices and/or a place of business situate at 3442 Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant CUSTOM HOMES BY T & S, INC., ("Custom Homes") is a Maryland corporation with offices and/or a place of business situate at 20004 Boxwood Circle, Hagerstown, Maryland 21742. 3. Defendant TERRY C. GROVE, is an adult individual with a last known address of 20004 Boxwood Circle, Hagerstown, Maryland 21742. 4. Defendant STEPHANIE A. GROVE, is an adult individual with a last known address of 20004 Boxwood Circle, Hagerstown, Maryland 21742. supplies. 6. 7. Plaintiff is, and at all relevant times was, a wholesale distributor of building "Custom Homes" is, and at all relevant times was, a contractor, On or about March 29, 1999, "Custom Homes" applied to Plaintiff for credit. A true and correct copy of the credit application is attached hereto and made a part hereof and marked Exhibit "A"'. 8. Between June 2, 2000 and January 9, 2001, various products, goods, supplies, and materials (hereinafter collectively referred to as "products") were ordered by "Custom Homes" from Plaintiff. Plaintiff sold and provided the products ordered by "Custom Homes", the same being represented by invoices. The invoices are too numerous to be attached hereto, however, invoices, shall, upon request, be supplied to Defendant prior to trial. 9. The prices charged for the products sold to "Custom Homes" as set forth in the invoices were the fair, reasonable, and market prices of the ~roducts, and the prices that "Custom Homes" agreed to pay. '10. Plaintiff has maintained a statement of account keeping an accurate and running amount of debits and credits for the sale of products sold to "Custom Homes" by Plaintiff. 11. accurately showing all debits and credits for transactions with "Custom Homes", the Plaintiff has submitted to "Custom Homes" a monthly statement of account most recent statement of account shows an amount owing to Plaintiff of $43,788.59 dated February 8, 2001. A copy of the statement of account is attached hereto and made a part hereof referred to as Exhibit "El". 12. Pursuant to the terms and conditions of sale contained on the credit application which terms and conditions were agreed to by Plaintiff and "Custom Homes", and as further stated on the invoices attached as Exhibit "A", Plaintiff is entitled to receive a finance charge of 1.5% per month on past due amounts, 13. Any and all conditions precedent to the bringing of this action has been performed by Plaintiff. 14. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. COUNTI MOORE'SLUMBERANDBUILDING SUPPLIES, INC. V. CUSTOM HOMES BYT&S, INC. OPEN ACCOUNT 15, Plaintiff incorporates by reference Paragraphs 1 through 13 of its Complaint as though the same were set forth at length herein. 16. The invoices represent products sold by Plaintiff and purchased by "Custom Homes" pursuant to "Custom Homes'" account with Plaintiff. 17. "Custom Homes" has not objected to any of these invoices and has accepted the products provided thereby, but has failed to pay Plaintiff despite demand pursuant to its open account, all to the damage of Plaintiff. WHEREFORE, Plaintiff, MOORE'S LUMBER AND BUILDING SUPPLIES, INC., respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against "Custom Homes" in the amount of $43,788.59, plus interest at the rate of 1.5% per month from February 28, 2001, the costs of this action, and such other relief as the court deems just and proper. COUNT II MOORE'S LUMBER AND BUILDING SUPPLIES, INC. V. TERRY C. GROVE AND STEPHANIE A. GROVE, Jointly and Severally (Guaranty) 18. Plaintiff incorporates by reference Paragraphs 1 through 16 of its Complaint as though the same were set forth at length herein. 19. In consideration of the extension of credit by Plaintiff, Defendant, Terry C. Grove and Stephanie A. Grove, jointly and individually, unconditionally guaranteed the payment of all amounts owed by "Custom Homes" to Plaintiff in addition to reasonable attorneys fees and costs incurred in the collection of any amount due from "Custom Homes" and referenced in Exhibit "A" attached hereto. 20. Pursuant to the terms and conditions of sale and extension of credit, "Custom Homes" agreed to pay reasonable attorney's fees and all court and collection costs. 21. Plaintiff has retained the services of the law firm of KUNDRAT & ASSOCIATES at the rate of $130.00 per hour in the collection of the amounts due from "Custom Homes", 22. Plaintiff has incurred reasonable attorney's fees from the law offices of KUNDRAT & ASSOCIATES as of April 2, 2001, in the amount of $559.00 at the rate of $130.00 per hour in the collection of the amounts due from "Custom Homes" incident to the commencement of the within action; Plaintiff shall continue to incur such attorney's fees throughout the conclusion of the proceedings. 23. Pursuant to the terms and conditions of the Guarantee contained in the credit application, Defendant specifically agreed that: ...the undersigned Guarantor (even if more than one) hereby warrants and unconditionally guarantees to Moore's the full and prompt payment when due (including any accelerated or extended maturity) of all indebtedness, obligations and liabilities of Customer to Moore's including finance charges applicable hereto, now existing or hereafter created or arising. Guarantor further agrees to pay all expenses, including expense of court costs and attorney's fees paid or incurred by Moore's in endeavoring to collect such indebtedness or any part thereof or in enforcing the Guaranty. 24. Despite demand, Defendants Terry C. Grove and Stephanie A. Grove has refused to pay the past-due balance on the open account of and all sums due and owing to Plaintiff. WHEREFORE, Plaintiff MOORES LUMBER AND BUILDING SUPPLIES, INC., respectfully requests that judgment be entered in its behalf and against Defendants, Terry C. Grove and Stephanie A. Grove in the amount of $43,788.59, plus interest at the rate of 1.5% per month from February 28, 2001, plus reasonable attorney's fees calculated at a rate of $130.00 per hour, plus the costs of this action, and such relief as the court deems just and proper. Date: April 18, 2001 KUNDRAT & ASSOCIATES ~07 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Attorney I.D. No. 24958 Attorney for Plaintiff CONTRACTOR - COMMERCIAL CREDIT APPLICATION AND TERMS AGREEMENT ORG AN1Z. ATION BUSlNESg ~(PE Fco~: C~TO~ ~O~ES 8¥ TC~ ~el ?ge 1~15 a4/01/9~ 0~:05 p, 90~ A ~iliinB ~cIo c~ (~l~ is ~own ~ ~he 'previoue bJliin~ c~cJe"), w~ will s~pd you a stalemo~f during fha Curre~ clotlng ~e. The "ba~n~ due' ~ payee by you on lhe 10Ih of Phe month day of ~e ~xt billing ~ GUARANTY P~ v~ue ~eceiv~ and i~ ~O~ce M~re'e Lum~er & B¢l~lng S~pph~s, mc, exmnd oredff Io .~ ~_ ~~~ . the un~rsign~ Guaraetor (even"' it more t.an one) a~e~ret~ or e~ended malud~) of all ~r~bleOpess. gbllga~ona and liabi/i:~es of Customer fo Moore'e ~nc~uding e~t~lsh~ az ~e sole di~m~n ot lhe supplier a~a can be {~eas~ or decreased without ~itten ~tice. Gu~ranlo~ Moore's ;~ en~s~n~ to ~ll~ suc~ ~debtedness or any part t~er~( or i~ enford~g [ho Guaranty ~ way I~lr G~anlor~ IllDg/~ ~ereunder. M~re'9 m~y release o; re~inqu;~ a~ ~¢urily now or hereaf(er ~e~ for m~r a~ng the f~bility ~ the Guara~lor heraunder. ~1~ Guar~ S~II ~ en~rceab~ ~e~re or after proceedings aOamst Cus[omer, or sl~ullaneously her~ith, and refemflces and verifi~li~ of Io~s a,~ deposi/~ ~r purpoee~ el pnsiderlng this applicallo~ for oredJt ina ~rl~ic Oare~ Guaranlo~ S~gnatu~ From: C{J:BTO~ HO~LTS BY ~ 301 790 131~ To: ~3/29/~J§ 1B:13 GUARANTOR INFORMATION ACCOUNT L~NO I H OF TIME AT THIS ADDRESS //~L{~ OWN ~ENT . OTHER____ NAME ANDADD~SS OF MORT~GE HOLDER .~ '~ ~C ~,~4~ PREVIOUS ADDRESS _ . PRESENT EMPLOYER(~t~.~"~D*~ ~_.~ SALARY / WAGES "--~',~-~/ ~'~____ ...... POSITION /~:~ I LENGTH OF EMPLOYMENT LENGTH OF EMPLOYMENT NAME) ABDRES5 OF NEAREST RELATIVE --V-J-~..~ T- _~. ~"'~_~.~. HANK ~EFERENCE ~<= (7~ CHECKING ~VINGS..~-LOAN ~-'~- BANK REFERENCE CHECKING SAVING$~ LOAN CREDIT REFERENCES ,..~ ADDRESS BALANCE PAYMENTS STATEMENT REMITTANCE A D VICE Remit To: TO INSURE PROPER CREDIT PLEASE RETURN THIS STUB WITH YOUR REMITI~ANCE. FERMS: PAYMENT ON THIS ACCOUNT IS DUE IN FULL ON THE lOTH OF THE MONTH FOLLOWING PURCHASE. DELINQUENT CHARGES AT THE "MAXIMUM ALLOWABLE" RATE IN THE STATE WHERE THE GOODS ARE PURCHASED WILL BE CHARGED ON ALL DELINQUENT AMOUNTS, CHARGES AND PAYMENTS SHOWN REFLECT YOUR ACCOUNT THROUGH OUR LABT WORKING DAY OF THE MONTH. STATEMENT REMITTANCE ADVICE TO INSURE PROPER CREDIT PLEASE RETURN THIS STUB WITH YOUR REMIT1-ANCE. -ERM$: PAYMENT ON THIS ACCOUNT IS DUE IN FULL ON THE 10TH OF THE MONTH FOLLOWING PURCHASE. DELINQUENT CHARGES AT THE "MA)(IMUM ALLOWABLE" RATE IN THE STATE WHERE THE GOODS ARE PURCHASED WILL BE CHARGED ON ALL DEUNQLIENT AMOUNTS. CHARGES AND PAYMENTS SHOWN REFLECT YOUR ACCOUNT THROUGH OUR LAST WORKING DAY OF THE MONTH. STATEMENT REMITTANCE ADVICE Remit To: TO INSURE PROPER CREDIT PLEASE RETURN THIS STUB WITH YOUR REMITTANCE. ERMS: PAYMENT ON THiS ACCOUNT tS DUE IN FULL ON THE t0TH OF THE MONTH FOLLOWING PURCHASE, DELINQUENT CHARGES AT THE "MAXIMUM ALLOWABLE" RATE IN THE STATE WHERE THE GOODS ARE PURCHASED WILL UE CHARGED ON ALL DELINQUENT AMOUNTS, CHARGES AND PAYMENTS SHOWN REFLECT YOUR ACCOUNT THROUGH OUR LAST WORKING DAY OF THE MONTH. VERIFICATION , authorized agent of Moore's Lumber & Building Supplies, Inc. do hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff CUSTOM HOMES BY T & S, INC. and TERRY C. GROVE and STEPHANIE A. GROVE, Individually, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 01-2328 Civil Term CIVIL ACTION - LAW ORDER AND NOW this ~,~ day of ,,~),~¢_._ ,2001, upon consideration of Plaintiff's Motion for Change of Venue, it is hereby ORDERED AND DECREED that the venue be changed from the Cumberland County Court of Common Pleas to the Franklin / County Court of Common Pleas. MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff CUSTOM HOMES BY T & S, INC. and TERRY C. GROVE and STEPHANiE A. GROVE, Individually, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-2328 Civil Term CIVIL ACTION - LAW MOTION FOR CHANGE OF VENUE AND NOW, comes Plaintiff, MOORE'S LUMBER & BUILDING SUPPLIES, INC., by its attorneys, KUNDRAT & ASSOCIATES, and states the following cause of action: 1. Plaintiff in the above-captioned matter filed a Complaint in the Court of Common Pleas of Cumberland County to No. 01-2328 Civil Term. 2. Defendant filed Preliminary Objections on May 30, 2001, objecting to venue and requesting the Court to change venue to Franklin County. 3. Plaintiff has no objection to the change of venue. WHEREFORE, Plaintiff MOORES LUMBER AND BUILDING SUPPLIES, INC., respectfully requests change of venue from Cumberland County Court of Common Pleas to Franklin County Court of Common Pleas. Date: April 18, 2001 KUNDRAT & ASSOCIATES John S. Kundrat, Esquire 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Attorney I.D. No. 24958 Attorney for Plaintiff MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff CUSTOM HOMES BY T & S, INC. and TERRY C. GROVE and STEPHANIE A. GROVE, Individually, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : : NO. 01-2328 Civil Term . : . . : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 20th day of June, 2001, I, Charlene K. Miller, secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a true and correct copy of th Motion for Change of Venue and Proposed Order was sent via first class mail, postage prepaid, addressed to the parties or counsel of record as follows: Timothy S. Gordon, Esquire 24 North Jonathan Street P.O. Box 398 Hagerstown, MD 21741-0398 KUNDRAT & ASSOCIATES Charlene K. Miller 107 Boas Streets Harrisburg, PA 17102 717-232-3755 MOORE'S LUMBER & BUILDING SUPPLIES, INC., Plaintiff CUSTOM HOMES BY T & S, INC. and TERRY C. GROVE and STEPHANIE A. GROVE, Individually, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : : NO. 01-2328 Civil Term . : : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 26th day of ApriJ, 2001, I, Charlene K. Miller, secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a true and correct copy of that certain Complaint was served via Certified Mail, Return Receipt Requested, addressed to the parties or counsel of record as follows: Custom Homes By T&S, Inc. 20004 Boxwood Circle Hagerstown, MD 21742 Terry C. Grove 20004 Boxwood Circle Hagerstown, MD 21742 Stephanie A. Grove 20004 Boxwood Circle Hagerstown, MD 21742 KUNDRAT & ASSOCIATES Charlene K. Miller 107 Boas Streets Harrisburg, PA 17102 717-232-3755 MOORE'S LUMBER & BUILDING ISUPPLIES, INC. Plaintiff :IN THE COURT OF COMMON :CUMBERLAND COUNTY, :NO. 01-2328 PLEAS OF PENNSYLVANIA CIVIL TERM CUSTOM HOMES BY T&S, INC.and TERRY C. GROVE and STEPHANIE A. GROVE, Individually, Defendants I, ENTR~ OF APPEARANCE !TO THE PROTHONOTARY: Please enter the appearance of Timothy S. Gordon, Esquire, as counsel for the Defendants, Custom Homes By T&S, Inc., Terry C. Grove and Stephanie A. Grove, in the above ca_~_~oned matter· T£mothy S. Gordon, Esq. 24 N. Jonathan Street P.O. Box 398 Hagerstown, MD 21740 301-714-1102 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on this J2 day of copy of the aforegoing was faxed and mailed to Kundrat, 17102. Joh~ 2001, Esquire, 107 Boas Street, Barrisb~nsylvania ~imothy S. Gordon, Esq. a MOORE'S LUMBER & BUILDING SUPPLIES, INC. [I Plaintiff I ustoM HOMES T S, INC.and pERRY C. GROVE and STEPHANIE ~. GROVE, Individually, Defendants :IN THE COURT OF COMMON :CUMBERLAND COUNTY, :NO. 01-232S PLEAS OF PENNSYLVANIA CIVIL TERM PRELIMINAR~ OBJECTIONS COMES NOW, the Defendants, Custom Homes By T&S, Inc. and Terry C. Grove and Stephanie A, Grove, Individually, by and through their attorney, Timothy S. Gordon, Esq. pursuant to P.A.R.C.P. 1028 for these Preliminary Objections to a Complaint filed by the Plaintiff herein and would state: That on or about April 20, 2001, the Plaintiffs filed a Complaint against the above referenced Defendants alleging that the Defendants have accrued by open account a debt in favor of the Plaintiff. 2. The purchases were all from the Plaintiff's location in Chambersburg, Franklin County, Pennsylvania. That the credit application and terms agreement was executed and delivered to the Plaintiff by the Defendants in Chambersburg, Pennsylvania. 4. That the materials were delivered to the job site in Greencastle, Franklin County, Pennsylvania. That the venue is improper in Cumberland County Pennsylvania since Cumberland County has no relationship to the transaction or contract whatsoever. o That virtually all of the significant information and witnesses in this case will be forced to travel to Cumberland County rather than the county of their residence, that being Franklin County. 7. That the Defendants would assert that venue is improper in Cumberland County and this matter should be either dismissed or transferred to Franklin County. WHEREFORE, the Defendants respectfully requests this Honorable Court grant their Preliminary Objections and either dismiss the Complaint for improper venue or transfer the matter to the Court of Common Pleas for Franklin County, Pennsylvania. Timothy S. Gordon, Esq. 24 N. Jonathan Street P.O. Box 398 Hagerstown, MD 21740 301-714-1102 CERTIFICATE OF SERVICE I HEREBY CERTIFY, that on this j~ day ofo J~ S-/~n---' 2001, copy of the aforegoing was faxed and mailed t . Kundrat, Esquire, 107 Boas Street, Harrisburg, Pennsylvania 17102. a Timothy S. Gordon, Esq. Curtis R. Long Prothonotary Renee K. Simpson Deputy Prothonotary Offire of tl)e ratbonatarp (tI;uml~erIanl~ ~0untp John E. Slike Solicitor Court of Common Pleas Cumberland County, Pennsylvania DocketNo. Oi-- o~3~ Please acknowledge receipt of this case by signing and dating this document. Please send this back to: PROTHONOTARY OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Attn: Becky Record received: (signature & title) One Courthouse Square · Carlisle, Pennsylvania 17013 · (717) 240-6195 · Fax (717) 240-6573 OFFICE OF PROTHONOTARY COURT }-lOUSE The County of Cumberland :,7 _