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Home My WebLink About11-8300MATTLEMAN, WEINROTH & MILLER, P.C. BY- Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Suite 2226, Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our File Number- 00-79043-1 Fi ;-IFFICE tkta"???t T ? ENGLERT, INC. COURT OF COMMON PLEAS 1200 Amboy Avenue Cumberland County Perth Amboy, NJ 08861 Plaintiff, ....-................... ......................... ..................................................................................... ............ ... ............. vs. No.: « HARRY R. GOLDEN "ARBITRATION MATTER 301 S. Chestnut Street Mechanicsburg, PA 17055 HARRY R. GOLDEN, d/b/a GOLDEN ROOFING SUPPLY 1412 Trindle Road Suite H Carlisle, PA 17013 Defendant. ASSESSMENT OF DAMAGES HEARING NOT REQUIRED" CIVIL ACTION COMPLAINT CIVIL ACTION: (1. CONTRACT) 1060 - Contracts for Goods, Enforcement of Accounts NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money 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. AVISO Le han demandado a usted en la corte. Si usted quiere defenders de estas demandas expuestas en las paginas siguientes, usted tiene veinte (2) dias de plazo at partir de la fecha de la demanda y la notificacion. Hace falta ansentar una comparesencia escrita o en persona o con un abogado'y entragar a la corte wn forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la coret tomar' medidas u puede continuar is demanda en contra suya sim previo aviso o notification. Ademas, la corte puede decidir a favor del emandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importsntes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. Sl NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI LISTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIES QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. Cumberland CountyBAR ASSOCIATION/Lawyer Referral Service- Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Tel: 717-249-3166 Klf? s3966 A#=c2iW7X0 MATTLEMAN, WEINROTH & MILLER, P.C. BY: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Suite 2226, Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our File Number: 00-79043-1 ENGLERT, INC. COURT OF COMMON PLEAS 1200 Amboy Avenue Cumberland County Perth Amboy, NJ 08861 Plaintiff, .............................................................................................................. ........................................................................................ ...................... vs. ................................................................................... HARRY R. GOLDEN 301 South Chestnut Street Mechanicsburg, PA 17055 HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY 1412 Trindle Road Suite H Carlisle, PA 17013 Defendant. No.: ... .............................................................................................................. CIVIL ACTION COMPLAINT Plaintiff, Englert, Incorporated, with office located at 1200 Amboy Avenue, Perth Amboy, NJ 08861, by way of Complaint against the above named Defendant says: 1. The Defendant, HARRY R. GOLDEN is an adult individual residing at 301 South Chestnut Street, Mechanicsburg, PA 17055. 2. The Defendant HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY is a corporation who formerly had an address at 1515 Commerce Avenue, Carlisle PA 17013, but whose last know address is 1412 Trindle Road, Suite H, Carlisle, PA 17013. 3. On or about February 13, 2001, Defendant executed and delivered to Plaintiff a Application and Terms for Extension of Credit. 4. Plaintiff provided and delivered to Defendant certain equipment, goods, wares, merchandise and/or services, as is more specifically shown by Plaintiffs Statement of Goods, a true and correct copy of which is attached hereto marked Exhibit "A" and made a part hereof.. 5. Defendant received and accepted the aforementioned equipment, goods, wares, merchandise and/or services. 6. The prices charged by Plaintiff was fair, reasonable and market prices that prevailed at the time(s) of the transaction(s) 7. The prices charged by Plaintiff were the prices that Defendant agreed to pay. 8. The agreement of open account between the parties arose from words, course of dealings, and the aforementioned document(s). 9. Plaintiff avers that all conditions precedent to the Defendant's duty of performance under said agreement has occurred. 10. Plaintiff avers that the balance due amounts to $4,285.55. 11. Plaintiff avers that interest has accrued at 18.00% per annum per the Agreement on the balance due from December 28, 2009 to April 5, 2011 in the amount of 352.37. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay ther amount due Plaintiff or any part hereof. WHEREFORE, Plaintiff, demands Judgment against the Defendants HARRY R. GOLDEN and HARRY R. GOLDEN d/b//a GOLDEN ROOFING SUPPLY INC., in the amount of $4,637.92 together with interest from April 6, 2011 at the rate of $2.11 per day and costs of suit. MATTLEMAN, WEINROTH & MILLER, P.C. Dated: I By: ?' ' asL? Alisoi B. einroth-Shaw, Esquire Attorney I . D. No.: 84407 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This communication is from a debt collector. 2. This is an attempt to collect a debt and any information obtained will be used for that purpose. 3. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 4. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy such verification of the debt of copy of the Judgment against you and a copy of such verification or Judgment will be mailed to you by our offices. 5. Upon written request, within 30 days, this office will provide you with the name and address of your original creditor concerning this debt, if different from the current creditor. . ENGLERT •/ INC. -711° 3 APPLICATION AND TERMS FOR EXTENSION OF CREDIT FOR THE PURPOSE OF OBTAINING MERCHANDISE FROM YOU ON CREDIT THE FOLLOWING STATEMENT IN WRITING IS MADE, INTENDING THAT YOU SHOULD RELY ON IT AS CORRECT. Firm or r Trade Name : ' ...., ,.L. .-. Date w c I Street U! i s ? . x City/State/zip !C€----? z. e:•?..x,! : C : Kind of Business - L: C, I..- l tr Now Long in Business ..•_.-- Business Phone ( } Individual ( ) Partnership ( C)'Corporation OFFICERS OR PARTNERS: r`F Name and Title ova`'- r Name and Title Social Security No. / `r 1 ?' Ci -_ ,3 g Social Security No. Address S" J-. f i I- ? Address Home Phone '71 '7- 7 w 'p Home Phone -? Do You Own ( ) Rent ( s•-)?_' Do You Own ( } Rent ( ) CURRENT BUSINESS REFERENCES: SUPPLIERS Name I t! + 02&'r Name-_ -.1 i Address B''c' gxa )` 3r- f t: s3 r Address Lt_ v ot Phone Name dd Name ! -•z : w ?: Address.L { e^ , f "p is' i a1 "?7 t' : r ' C Address A S r 4 Phone Phone CREDIT LIMIT REQUESTED. c C»! TERMS: Net 30 Days from Invoice Date - 1 ;iz% Service Charge per month on all past due accounts. DELIVERY OF MATERIALS: I/We' accept all responsibility for shipments of goods and materials by Englert to job sites, my/cur place of business, or any other location designated by me/us; whether or not someone is present to receive and sign for such goods and materials. BANKING REFERENCES: Company Checking Account (Na ne of Bank) -.-LJ Account No. -L-S _3 e17 0 / S . Loans (Name of Bank) Account No. HAVE YOU SIGNED ANY PERSONAL GUARANTEES, FINANCING STATEMENTS OR ANY OTHER SECURITY FOR THE PURPOSE OF SECURING CREDIT? YE5 NO_ IS THERE ANY PREVIOUS BANKRUPTCY, INSOLVENCY OR SUITS INVOLVING T' PRINCIPALS PERSONALLY OR ANY COMPANY IN WHICH PRINCIPALS HAVZ BEEN CONNECTED? YES NO v . IF YES GIVE DETAILS: PERSONAL GUARANTY: In order to induce you to extend credit to the above named corporation and in consideration of your extending credit to said corporation, at any time or from time to time, at my/our request; I/We jointly and severally guarantee prompt, primary and immediate payment of any sums or credit advanced. This is a continuing guarantee; notice of its acceptance is hereby waived. Personal Guaranty Signed By: SiGNAT RE SIGNATURE Application Signed By: COMPANY NAME f i ° ., SI NATURE S T A T E M E N T Print Date: 05/28/10 Page: 1 Bill To: 1GO001 Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Date -------- Reference --------- Type -------- Due Date -- Amount Amount Open Cur 11/02/09 I713238 Invoice ------ ---- 12/02/09 ------------ -- 867.94 -------------- 611.66 --- USD 11/16/09 I715801 Invoice 12/16/09 1,511.38 1,511.38 USD 12/07/09 I719046 Invoice 01/06/10 1,204.36 1,204.36 USD 12/21/09 I721236 Invoice 01/20/10 908.07 908.07 USD 12/28/09 1168796 Fin Chg 12/28/09 7.84 7.84 USD 01/26/10 1169505 Fin Chg 01/26/10 42.24 42.24 USD Total Amount Open: 4,285.55 Payments Unapplied: 0.00 Total Contested: 0.00 USD Total: 4,285.55 Current Past Due 1 Past Due 30 Past Due 60 0.00 0.00 0.00 4,285.55 I N V O I C E Invoice: 1713238 Revision: 0 Invoice Date: 11/02/09 Page: 1 Print Date: 05/28/10 Bill To: 1G0001 Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Ship To: 100001 Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Sales Order: 50875835 Order Date: 10/30/09 Salesperson(s): VA000005 Remarks: Monday del Resale: Ship Date: 10/30/09 Purchase Order: Sold To: 1G0001 Ship Via: ETruck BOL: FOB Point: DESTINATION Item Number UM Shipped Qty -------- ------ B/O ---- Tax Price Extended Price 00215S EA 1000.0 0.0 --- ----- No ---------- - 0.52747 -------------- 527 47 HANGER HIDDEN W/SCREW WO . STRAIGHTBACK 5" A52 00120B EA 64.0 0.0 No 0.501 32 06 ELB 2X3 A HG WHITE . 00127B EA 64.0 0.0 No 0.501 32 06 ELB 2X3 B HG WHITE . 00110B ' FT 500.0 0.0 No 0.4827 241 35 LDR 2X3X10 HG WHITE . * * * D U P L I C A T -------- E ---- ---------- ------- Non-Taxable: 8 67.94 Currency: USD Line ----- Total: ------------ 832 95 Taxable: 0.00 0. 00% Discount: . 0 00 Tax Date: 11/02/09 Restock Fee 10 : . 0 00 Containers: 0.00 Freight 20 : . 35 00 Line Charges: 0.00 SPECIAL 30 : . 0.00 Total Tax: 0.00 disc label: D iscount: Total: 867.95 I N V O I C E Invoice: 1715801 Revision: 0 Invoice Date: 11/16/09 Page: 1 Print Date: 05/28/10 Bill To: 1G0001 Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Ship To: 1G0001 Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Sales Order: S0879120 Order Date: 11/13/09 Salesperson(s): VA000005 Remarks: Monday del Resale: Ship Date: 11/13/09 Purchase Order: Sold To: 1G0001 Ship Via: ETruck BOL: FOB Point: DESTINATION Item Number UM Shipped -------- - Qty B/O --------- Tax Price Extended Price 00120B EA 64.0 0.0 --- --- No ----------- 0.501 --------32 06 ELB 2X3 A HG WHITE . 00121B EA 32.0 0.0 No 0.7136 22 84 ELB 3X4 A HG WHITE . 00143B EA MTRE 511O/S BOX HG WHT 20.0 0.0 No 3.06017 61.20 00130B " EA 120.0 0.0 No 0.33206 39 85 EC 5 -L- HG WHITE . 00131B " EA 120.0 0.0 No 0.33206 39 85 EC 5 -R- HG WHITE . 00110B ' FT 300.0 0.0 No 0.4827 144 81 LDR 2X3X10 H G WHITE . 00334B LB 448.0 0.0 No 1.445 647 36 GC 11.75X.032 HG WHITE . -------------------------------------------- "?********** CONTINUED ************ I N V O I C E Invoice: 1715801 Revision: 0 Invoice Date: 11/16/09 Page: 2 Print Date: 05/28/10 Item Number UM Shipped Qty B/O Tax Price Extended Price --------- ---------- --- --------------- ---------------- 0334B LB 338.0 0.0 No 1.445 488.41 GC 11.75X.032 HG WHITE * * * D U P L I C A T E*** ------------------------------------------ Non-Taxable: 1,511.38 Taxable: 0.00 Tax Date: 11/16/09 Containers: 0.00 Line Charges: 0.00 disc label: Discount: Currency: USD Line Total: 0.00g Discount: Restock Fee 10 Freight 20 SPECIAL 30 Total Tax: Total: 1,476.38 0.00 0.00 35.00 0.00 0.00 1,511.38 I N V O I C E Invoice: 1719046 Revision: 0 Invoice Date: 12/07/09 Page: 1 Print Date: 05/28/10 Bill To: 1GO001 Ship To: 1G0001 Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Sales Order: S0883105 Order Date: 12/04/09 Salesperson(s): VA000005 Remarks: Monday del Resale: Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Ship Date: 12/04/09 Purchase Order: Sold To: 1G0001 Ship Via: ETruck BOL: FOB Point: DESTINATION Item Number UM - Shipped --------- - Qty B/O -------- Tax Price Extended Price 00133W EC 5" -L- ICKER EA 5.0 - 0.0 --- No -- - - 0-33206 --------------- 1.66 00132W EC 5" -R- WICKER EA 5.0 0.0 No 0.33206 1.66 00120W ELB 2X3 A WICKER EA 12.0 0.0 No 0.501 6.01 00127W ELB 2X3 B WICKER EA 12.0 0.0 No 0.501 6.01 00292W T/U PAINT GUT120Z. CN WCKR 1.0 0.0 No 7.93396 7.93 44274 00127N EA 1.0 0.0 No 0 501 ELB 2X3 B CREAM . 0.50 ----------------------------------- **?`********* CONTINUED *********** I N V O I C E Invoice: 1719046 Revision: 0 Invoice Date: 12/07/09 Page: 2 Print Date: 05/28/10 Item Number --- UM Shipped -- ---------- Qty B/O ----- Tax Price Extended Price 00120M EA ELB 2X3 A MUSKET 32.0 0.0 --- --- No ------------ -- 0.501 -------------- 16.03 00215S EA HANGER HIDDEN W/SCREW WO 500.0 0.0 No 0.52747 263.74 STRAIGHTBACK 5" A52 00758W RL TC 5" .032 WICKR/EGGSHL 1.0 0.0 No 138.5749 138.57 00350K LB GC 11.75X.032 LGWHT/MUSK 396.0 0.0 No 1.485 588.06 00110W FT LDR 2X3X10' WICKER 70.0 0.0 No 0.4827 33.79 0011ON FT LDR 2X3X10' CREAM 10.0 0.0 No 0.4827 4.83 00210a EA HANGER SST BAR 200.0 0.0 No 0.50283 100.57 * * * D U P L I C A T E*** ------------------------------- Non-Taxable: 1,204.36 Currency Taxable: 0.00 Tax Date: 12/07/09 Containers: 0.00 Line Charges: 0.00 disc label: Discount: USD Line Total: 0.00 Discount: Restock Fee 10 Freight 20 : SPECIAL 30 Total Tax: Total: 1,169.36 0.00 0.00 35.00 0.00 0.00 1,204.36 I N V O I C E Invoice: 1721236 Revision: 0 Invoice Date: 12/21/09 Page: 1 Print Date: 05/28/10 Bill To: 1G0001 Ship To: 1G0001 Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Sales Order: S0885985 Order Date: 12/18/09 Salesperson(s): VA000005 Remarks: Monday del Resale: Golden's Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, PA 17015-9586 UNITED STATES Ship Date: 12/18/09 Purchase Order: Sold To: 1G0001 Ship Via: ETruck BOL: FOB Point: DESTINATION Item Number UM Shipped Qty B/O Tax Pri - - --------- - -------- ce Extended Price 0120W .0 - 0.0 --- --- No ------------ - 0 501 --------------- ELB 2X3 A WICKER . 2.51 00127W EA 4.0 0.0 No 0 501 ELB 2X3 B WICKER . 2.00 00132W EA EC 5" -R- WICKER 2.0 0.0 No 0.33206 0.66 00143W EA 5.0 0.0 No 3 06017 MTRE 511O/S BOX WICKER . 15.30 00142W EA MITRE 5"I/S BOX WICKER 1.0 0.0 No 3.06017 3.06 00334B LB 482.0 0.0 No 1 445 GC 11.75X.032 HG WHITE . 696.49 00758W RL TC 5" .032 WICKR/EGGSHL 1.0 0.0 No 138.5749 138.57 --------- ------------ '?*********** CONTINUED - ********** - - - - - - - - - -- I N V O I C E Invoice: 1721236 Revision: 0 Invoice Date: 12/21/09 Page: 2 Print Date: 05/28/10 Item Number - UM Shipped Qt B /O Tax Price Extended Price - ---------- ---------- --- --------------- ---------------- 0O110W 30.0 0.0 No 0.4827 LDR 2X3X101 WICKER 14.48 * * * D U P L I C A T E*** ---------------------------- Non-Taxable: Taxable: Tax Date: 12/21/09 Containers: 0.00 Line Charges: 0.00 disc label: Discount: 908.07 Currency: USD Line Total: 0.00 0.00w Discount: Restock Fee 10 : Freight 20 : SPECIAL 30 : Total Tax: Total: 873.08 0.00 0.00 35.00 0.00 0.00 908.08 states that he/she is a representative of ENGLERT, INC. Plaintiff herein; that they are acquainted with the facts set forth in the foregoing Complaint; that the same are true and correct to the best of his/her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa.C.A. section 49014 relating to unsworn falsification to authorities. r SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson -- ?- Sheriff r 17 Jody S Smith Chief Deputy i. F ?a "' v E? i In Richard W Stewart Solicitor ' f' I H" L HD G O U tW Y Emglert, Inc. Case Number vs. . Harry R. Golden 2011-8300 SHERIFF'S RETURN OF SERVICE 11/23/2011 09:25 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2011 at 2125 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harry R. Golden d/b/a Golden Roofing Supply, by making known unto himself personally, at 139 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB T BI NER, DEPUTY 11/23/2011 09:25 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on November 23, 2011 at 2125 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harry R. Golden, by making known unto himself personally, at 139 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ROB RT BITNER, WPM SHERIFF COST: $66.44 November 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF c;. Gouo;,Sutte Shenff. Teleosoft_ ioG- 'a FARLESTlients\13265 Golden\13265.3.ans Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden OF TtFE P o H0tN0TARy 2011 DEC 29 AM 10: 08 CUMBERLAND COUNTY PENNSYLVANIA ENGLERT, INC., V. HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY, Defendant IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: : NO: 11-8300 CIVIL TERM DEFENDANT'S ANSWER WITH NEW MATTER TO: ENGLERT, INC., and ALISON B. WEINROTH-SHAW, ESQUIRE, its attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes Defendant Harry R. Golden, by and through his attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, Answers Plaintiff s Complaint as follows: Admitted in part and denied in part. It is admitted that Harry R. Golden is an adult individual, but it is denied that he currently resides at the listed address. 2. Denied. Harry R. Golden does not do business as Golden Roofing Supply nor has Plaintiff listed the corporation as a Plaintiff. Any liability due hereunder should be the responsibility of Golden's Roofing Supply, Inc. 3. Denied. The document speaks for itself. 4. Denied as the document speaks for itself. By way of further response, Defendant Harry R. Golden is unable to confirm or deny that the equipment, goods, wares, merchandise and/or services were provided exactly as listed on Exhibit "A" to Plaintiff's Complaint, being an Application and Terms for Extension of Credit (herein, the "Application"). 5. Denied as Defendant Harry R. Golden is unable to confirm receipt and acceptance of the said goods, equipment, wares, merchandise and/or services as such were delivered to Golden's Roofing Supply, Inc. 6. Denied for lack of information and belief. 7. Denied as the document speaks for itself. By way of further response, Defendant Harry R. Golden did not agree to pay any prices as set forth by Plaintiff, but rather any agreement was with Golden's Roofing Supply, Inc. In addition, Harry R. Golden did not have any interest in Golden's Roofing Supply, Inc., and had only been an employee with a title of Vice President. He had no check writing authority or authority to bind Golden's Roofing Supply, Inc. 8. Denied as a conclusion of law. 9. Denied as a conclusion of law. 10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment in Paragraph 10 and the same is therefore denied and strict proof thereof demanded at trial. 11. Denied as a conclusion of law. By way of further response, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment in Paragraph 11 and the same is therefore denied and strict proof thereof demanded at trial. It is also denied as the document speaks for itself. 12. Denied as stated. Harry R. Golden is not liable for the debts claimed by Plaintiff, but rather such debts are owed by Golden's Roofing Supply, Inc. WHEREFORE, Defendant Harry R. Golden requests that the Court dismiss this action with prejudice and award costs of suit and fees for having to defend this matter. NEW MATTER 13. The answers contained in Paragraphs 1-12 are incorporated herein by reference. 14. The exhibit attached to Plaintiff's Complaint as Exhibit "A" is entered into with Golden's Roofing Supply, Inc. 15. Plaintiff has failed to join an indispensable party and as such this proceeding cannot occur. 16. Defendant Harry R. Golden did not sign in his individual capacity nor was he made aware that any signature would be pursued as a guaranty of the debts of Golden's Roofing Supply, Inc. Defendant Harry R. Golden signed as Vice President of the corporation on the Application. 17. Harry R. Golden executed the application as Vice President of Golden's Roofing Supply, Inc. 18. In addition, Harry R. Golden did not have any interest in Golden's Roofing Supply, Inc., and had only been an employee with a title of Vice President. He had no check writing authority or authority to bind Golden's Roofing Supply, Inc. 19. All liability owed to Plaintiff under the Application is owed by Golden's Roofing Supply, Inc. 20. Defendant Harry R. Golden was never advised by Plaintiff that he would have to guaranty the debts of Golden's Roofing Supply, Inc., or that his signature would make him a guarantor of said debts. 21. At no time was Harry R. Golden made aware of the guaranty that he purportedly signed nor was it disclosed to him. 22. There was no consideration paid to or received by Harry R. Golden in return for his purported execution of a personal guaranty. 23. Harry R. Golden, as an employee of Golden's Roofing Supply, Inc., can not be found liable for the debts of the corporation. 24. Plaintiff knew or should have known that Harry R. Golden was an employee of the corporation and, therefore, would not personally guarantee the debts of said corporation. 25. Plaintiff failed to obtain a personal guaranty from an owner or interest holder of Golden's Roofing Supply, Inc. 26. If the Court determines that Harry R. Golden is a guarantor, he is an uncompensated guarantor and any changes to the original Application or changes to the repayment terms of any monies due thereunder relieve him from any liability under the Application. 27. Plaintiff's claims are barred by the applicable statute of limitations. 28. Plaintiff cannot bring a claim against Defendant Harry R. Golden as he is protected by his status as Vice President and no allegations have been made enabling Plaintiff to pierce the corporate veil. 29. The Application clearly lists the Firm or Trade Name as "Golden's Roofing Supply, Inc." and, therefore, the corporation is the proper party to this action. WHEREFORE, Defendant Harry R. Golden requests that the Court dismiss this action with prejudice and award costs of suit and fees for having to defend this matter. MARTSON LAW OFFICES By: 04 /-, S, -? Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden Date: rn - VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Harry Golden CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Alison B. Weinroth-Shaw, Esquire MATTLEMAN, WEINROTH & MILLER, P.C. Land Title Building, Suite 2226 Broad and Chestnut Streets Philadelphia, PA 19110 MARTSON LAW OFFICES 11-1 By: ? J qu e A. Decker n t High Street Carlisle, PA 17013 (717) 243-3341 Dated: Id-0.1111 MATTLEMAN, WEINROTH & MILLER, P.C. BY: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Suite 2226, Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our File Number: 00-79043-1 FILED-OFFICE HF THE PROTHONOTARY 2012 FEB 15 AM 11: G9 CUMBERLAND COUNTY PENNSYLVANIA ENGLERT, INC. I COURT OF COMMON PLEAS Plaintiff, Cumberland County vs. I No.: 11-8300 HARRY R. GOLDEN HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY Civil Action Defendant(s). PLAINTIFF'S ANSWERS TO DEFENDANTS' NEW MATTER AND NOW COMES, Englert, Inc. by and through its attorney, Alison B. Weinroth-Shaw, Esquire, of the law firm of Mattleman, Weinroth & Miller, P.C., and sets forth the following Answer To Defendants' New Matter: 13. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 14. Admitted. 15. Denied, as a conclusion of law. 16. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 17. Admitted in part and denied in part. It is admitted that defendant Harry R. Golden executed the application as Vice President of Golden Roofing Supply, Inc., however, it is denied that that is the only basis of his execution. 18. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 19. Denied, as after reasonable investigation Plaintiff is without knowledge or Information sufficient to form a belief as to the truth of this averment. 20. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 21. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 22. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 23. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 24. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. Additionally, it is denied as a conclusion of law. 25. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 26. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. 27, Denied, as a conclusion of law. 28. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. Additionally, it is denied as a conclusion of law. 29. Denied, as after reasonable investigation Plaintiff is without knowledge or information sufficient to form a belief as to the truth of this averment. WHEREFORE, Plaintiff Englert, Inc., respectfully demands judgment in its favor and against the Defendant, with the dismissal of Defendant's New Matter. MATTLEMAN, WRtNR?OTH & MILLER BY: u' Alison B. einrot -Shaw, Esquire Attorney ID# 84407 Attorney for Plaintiff MATTELMAN, WEINROTH & MILLER, P.C. By: Alison B. Weinroth-Shaw, Esquire Atty I D# 84407 Land Title Building Broad & Chestnut Streets 100 South Broad Street Philadelphia, PA 19110 Telephone # (215) 923-2225 Attorneys for Plaintiff ENGLERT, INC. 1 COURT OF COMMON PLEAS Plaintiff, Cumberland County vs. I No.: 11-8300 HARRY R. GOLDEN HARRY R. GOLDEN d/b/a GOLDEN'S Civil Action ROOFING SUPPLY Defendant(s). VERIFICATION I, Alison B. Weinroth-Shaw, Esquire, state that I am the attorney for Plaintiff, Englert, Inc., herein and I am acquainted with the facts that are set forth in the foregoing Plaintiff's Answer to Defendant's New Matter, that the same are true and correct to the best of my knowledge, information and belief; and that this statement is made subject to the penalty of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. MATTL WEINRIQTH & MILLER BY: Alison B. Wroth-Shaw, Esquire Attorney ID# 84407 Attorney for Plaintiff MATTELMAN, WEINROTH & MILLER, P.C. By: Alison B. Weinroth-Shaw, Esquire Atty I D# 84407 Land Title Building Broad & Chestnut Streets 100 South Broad Street Philadelphia, PA 19110 Telephone # (215) 923-2225 Attorneys for Plaintiff ENGLERT, INC. I COURT OF COMMON PLEAS Plaintiff, Cumberland County vs. I No.: 11-8300 HARRY R. GOLDEN HARRY R. GOLDEN d/b/a GOLDEN'S Civil Action ROOFING SUPPLY Defendant(s) CERTIFICATION OF SERVICE I hereby certify that I served a true and correct copy of the foregoing Plaintiff's Answers to Defendant's New Matter in the above-captioned matter upon the Defendant's counsel, Christopher E. Rice, Esquire, 10 East High Street, Carlisle, PA 17013, by United States Regular Mail, postage prepaid this /& day of February, 2012. MATTLEMAN, TH & MILLER ??_ a BY: Alison B. Weinroth-Shaw, Esquire Attorney ID# 84407 Attorney for Plaintiff 7 z y F!' 7D-0 F1^EN MATTLEMAN,WEINROTH & MILLER, P.C. OF THE PRO T HOI10 TARY By: Alison B. Weinroth-Shaw, Esquire Attorney I.D.No.: 84407 N E' � i3`� ' `'2 Suite 2226, Land Title Building OU MBi-gI A NO COUNTY Broad and Chestnut Streets PE.kNOYLVANIA Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our file number: 00-79043-1 ENGLERT,INC. COURT OF COMMON PLEAS Cumberland County Plaintiff -----------------------------------------r----------------------------------------- vs. ; C.A. No.: 11-8300 -----------------------------------------r----------------------------------------- HARRY R. GOLDEN, and ; HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY ; Defendant(s) NOTICE TO PLEAD TO: CHRISTOPHER E. RICE, ESQUIRE Martson Law Offices 10 East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclose Motion for Summary Judgment within twenty (20) days of the date of service hereof or a judgment may be entered against you. MATTLEMAN, WEINROTH&MILLER, PC By: Al on B. Weinroth-Shaw, Esquire Attorneys for Plaintiff 1 � MATTLEMAN,WEINROTH & MILLER, P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D.No.: 84407 Suite 2226, Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our file number: 00-79043-1 ENGLERT,INC. COURT OF COMMON PLEAS Cumberland County Plaintiff ' -----------------------------------------r----------------------------------------- vs. ; C.A. No.: 11-8300 -----------------------------------------r----------------------------------------- HARRY R. GOLDEN, and ; HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY Defendant(s) MOTION FOR SUMMARY JUDGMENT AS TO THE COMPLAINT AND NOW Plaintiff, ENGLERT, INC. (hereinafter"Plaintiff'), by and through its counsel, Mattleman, Weinroth&Miller, hereby moves this Honorable Court,pursuant to Rule 1035 of the Pennsylvania Rules of Civil Procedure,to enter Summary Judgment in its favor, and in support thereof, hereby avers as follows: 1. Defendants, HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY, (hereinafter"Defendants"), executed and delivered to Plaintiff an Application and Terms for Extension of Credit Agreement (herein"Agreement"), attached hereto as "Exhibit A". 2. Under the terms of the Agreement,Plaintiff was to provide goods and services to Defendants' place of business. See Exhibit"A". a 3. In return for said goods, Defendants were required to make prompt and regular payments. See Exhibit"A". 4. Pursuant to the Agreement, Defendant, HARRY R. GOLDEN, signed a Personal Guaranty, making him liable for the debts of the corporate Defendant. See Exhibit «A" 5. Pursuant to the Agreement, Plaintiff provided Defendants goods and services in the amount of$4,285.55. See Account Statement and Invoices attached hereto as "Exhibit B". 6. The said goods and services were provided pursuant to Plaintiff's Agreement with Defendants and were accepted by Defendants. 7. As of the date of this filing, no payments have been made to Plaintiff for the goods sold and delivered and/or services provided to Defendants. 8. The following amounts are due and owing to Plaintiff: a. Principal $4,285.55 b. Interest(to April 5, 2011) $352.37 TOTAL $4,637.92 9. Interest has accrued since April 6, 2011 at a rate of$2.11 per day in the amount of $1,352.51 through January 7, 2013. 10. Plaintiff has demanded payment, but it has not been made by Defendant. WHEREFORE, Plaintiff respectfully requests that the Court enter Judgment against Defendants, HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY,jointly, severally or in the alternative, in the amount of$5,990.43, plus interest, attorneys' fees and costs of suit. MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT'S NEW MATTER 11. Plaintiff repeats and realleges the averments set forth above and incorporates same herein as if set forth at length herein. 12. All necessary parties have been joined in this action. 13. Defendant, HARRY R. GOLDEN, executed a Personal Guaranty as a part of the above referenced Agreement. See Exhibit"A". 14. The above referenced Personal Guaranty is clearly delineated on the Agreement. 15. Defendant, HARRY R. GOLDEN, signed this Personal Guaranty in his personal capacity and in no way indicated in so signing that he intended to limit his capacity to that of an officer of the corporation. 16. The facts that Defendant, HARRY R. GOLDEN, may not have an interest in GOLDEN'S ROOFING SUPPLY, was an employee of same, and no attempt has been made to pierce the corporate veil are immaterial to the fact that Defendant, HARRY R. GOLDEN, executed a Personal Guaranty as part of the above referenced Agreement. 17. The applicable statute of limitations does nor bar the present action. 18. Defendants have not identified any changes to the repayment terms or the Agreement that could potentially relieve Defendant, HARRY R. GOLDEN, from personal liability even assuming arguendo that he is an uncompensated guarantor. WHEREFORE, Plaintiff respectfully requests that the Court dismiss Defendants, HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY, claims asserted in Defendants' New Matter, enter judgment in favor of Plaintiffs in the amount of $5,990.43,plus interest, attorneys' fees and costs of suit. MATTLEMAN,WEINROTH & MILLER Dated: 1 By: Xl".A- — AL ON B. WEINROTH-SHAW, ESQUIRE Attorney for Plaintiff MATTLEMAN,WEINROTH & MILLER,P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Suite 2226, Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our file number: 00-79043-1 ENGLERT,INC. COURT OF COMMON PLEAS Cumberland County Plaintiff ' -----------------------------------------*----------------------------------------- vs. ; C.A.No.: 11-8300 -----------------------------------------T----------------------------------------- HARRY R. GOLDEN, and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY , , Defendant(s) CERTIFICATION OF PLAINTIFF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I, A;0-�-0-9,1 .JUL; �1.x,1 A , of full age, hereby certifies as follows: 1. I am an employee of Englert, Inc., Plaintiff herein, and I am Plaintiff's representative with respect to this matter before the Court. 2. I am fully familiar with the facts set forth herein, and I am duly authorized to make this Certification. 3. Defendants, HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY, (hereinafter"Defendants"), executed and delivered to Plaintiff an Application and Terms for Extension of Credit Agreement (herein "Agreement"), attached hereto as "Exhibit A". 4. Under the terms of the Agreement, Plaintiff was to provide goods and services to Defendants' place of business. See Exhibit"A". 5. In return for said goods, Defendants were required to make prompt and regular payments. See Exhibit"A". 6. Pursuant to the Agreement, Defendant, HARRY R. GOLDEN, signed a Personal Guaranty, making him liable for the debts of the corporate Defendant. See Exhibit "A" 7. Pursuant to the Agreement, Plaintiff provided Defendants goods and services in the amount of$4,285.55. See Account Statement and Invoices attached hereto as "Exhibit B". 8. The said goods and services were provided pursuant to Plaintiff s Agreement with Defendants and were accepted by Defendants. 9. As of the date of this filing, no payments have been made to Plaintiff for the goods sold and delivered and/or services provided to Defendants. 10. The following amounts are due and owing to Plaintiff: a. Principal $4,285.55 y b. Interest(to April 5, 2411) $352.37 TOTAL $4,637.92 11. Interest has accrued since April 6, 2011 at a rate of$2.11 per day in the amount of $1,352.51 through January 7, 2013. 12. Plaintiff has demanded payment, but it has not been made by Defendant. 13. Defendant, HARRY R. GOLDEN, executed a Personal Guaranty as a part of the above referenced Agreement. See Exhibit"A". 14. The above referenced Personal Guaranty is clearly delineated on the Agreement. 15. Defendant, HARRY R. GOLDEN, signed this Personal Guaranty in his personal capacity and in no way indicated in so signing that he intended to limit his capacity to that of an officer of the corporation. I hereby certify, that the foregoing statements are true. I understand that if any of the foregoing statements made by me are willfully false, I am subject to punishment. jQ Dated: I f 3 Department of Defense Manpower Data Center Results as of:Apr-25-2013 06:45:08 SCRA 3.0 Status Report Pursuant to Seraicernem em Civil Relief Act Last Name: GOLDEN First Name: HARRY Middle Name: R Active Duty Status As Of: Apr-25-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - No NA This response reflects the individuals active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HlslHer Unit Was Noted of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No - - NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The.,Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 et seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: 22W12B7A00D9DD0 a MATTLEMAN,WEINROTH & MILLER,P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D.No.: 84407 Suite 2226, Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our file number: 00-79043-1 ENGLERT, INC. COURT OF COMMON PLEAS Cumberland County Plaintiff ; -----------------------------------------r----------------------------------------- VS. ; C.A. No.: 11-8300 -----------------------------------------r----------------------------------------- HARRY R. GOLDEN, and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY Defendant(s) MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTIONS FOR SUMMARY JUDGMENT I. STATEMENT OF MATERIAL FACTS Plaintiff and Defendants, HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY, entered into An Application and Terms for Extension of Credit Agreement(hereinafter"Agreement"), whereby Plaintiff provided Defendants with goods and services. See Exhibit A. Defendant, HARRY R. GOLDEN, executed a Personal Guaranty as a part of said Agreement,making him liable for prompt payment of any sums or credit advanced by Plaintiff in the event of nonpayment by Golden Roofing Supply. See Exhibit A. This Personal Guaranty is conspicuously noted on the Agreement. At present the account is in default and the sum of$5,990.43, representing principal and accumulated interest to January 11, 2013. Pursuant to said Agreement, Plaintiff provided Defendants with goods and services on numerous occasions (See Exhibit"B"). To date, neither Defendant has made any payment for the services rendered by Plaintiff,demand for which has been made. Defendant, HARRY R. GOLDEN, attempts to avoid liability under this personal guaranty primarily on the basis that he executed such guaranty in his capacity as an officer of the corporation, rather than in his individual capacity. See Defendants New Matt er¶16 (Exhibit C), Defendant's Answer to Interrogatories¶3 (Exhibit D), also see Defendant's Response to Plaintiff's Request for Admissions¶5 (Exhibit E). Defendant, HARRY R. GOLDEN, does not deny that the signature on the personal guaranty section of the Agreement is his own or that he did in fact sign such a guaranty. See Exhibit E¶5-6. That signature reads "Harry R. Golden". See Exhibit A. Defendant did not in any way indicate in signing the personal guaranty that he did so in any capacity other than as an individual. This could have easily been done, as Defendant, HARRY R. GOLDEN, identified himself as an officer of the corporate Defendant prior in the Agreement by adding"Pres"to his name in an unrelated section of the Agreement. See Exhibit A. Defendants repeatedly state in both pleadings and discovery answers that"the document speaks for itself'. See Exhibits C, D, and E. The Agreement clearly states that Defendant was signing a Personal Guaranty, and Defendant signed his name, without any corporate qualifiers, to a line titled"Personal Guaranty Signed By". See Exhibit A. n - II. LEGAL STANDARD A Motion for Summary Judgment is available when there is no genuine issue of Material fact and the Movant is entitled to Judgment as a matter of law. See Pa.R.C.P. 1035; Carns v. Yingling,406 Pa. Super. 279, 594 A.2d 337 (1991). The purpose of Summary Judgment is to expedite the judicial process and therefore,the interests of justice demand that Summary Judgment apply in very clear cases, such as the case at bar. In the present case, there is no genuine issue of material fact sufficient to warrant a trial. According to the court in Beach v. Burns International Security Services, 406 Pa. Super. 160, 593 A.2d 1285 (1991), a genuine issue of material fact is an honest difference regarding a factor's interpretation and how it affects the outcome of the dispute. The moving party in a Summary Judgment Motion does not bear the burden of negating the adversary's claim. Rather,the moving party need only indicate to the trial court there is an absence of evidence to support the non-moving party's claim. Jones v. Phipbott, 702 F. Supp. 1210 (W.D.Pa. 1988). A non-moving party may not merely rely on controvered allegations in the pleadings, but must set forth specific facts by way of Affidavit or in some other way as provided by Pa.R.C.P. 1035(b) and thereby demonstrate that a genuine issue exists. See Atkinson v. Haug, 424 Pa. Super. 406, 622 A.2d 983 (1993). The foregoing has been accomplished. Summary judgment serves to eliminate the waste of time and resources of both litigants and the courts in cases where trial would be a"useless formality". Liles v. Balmer, 389 Pa. Super. 454, 567 A.2d 692 (1989). The purpose of Summary Judgment procedure is to eliminate a trial in cases where it is unnecessary and would only cause delay and expense. See Monkelis v. Scientific Systems Services, 677 F. Supp. 378 (W.D.Pa. 1988). When confronted with a Motion for Summary Judgment, it is respectfully submitted that the Court is not called upon to weigh the evidence and determine the truth of the matter. The court should only determine whether there is a"genuine" issue for trial. Id. at 380. III.ARGUMENT A. There is No Genuine Issue of Material Fact With Regards to Defendants' Liability For the Value of the Goods and Services Provided. Defendant purchased goods and/or services on credit extended by the Plaintiff and the liability of the Defendant to repay Plaintiff for same has clearly been established. Defendants admit HARRY R. GOLDEN's signature appears on the Agreement. Defendant states that the document speaks for itself. Considering that the Agreement clearly states that the provision in question is a personal guaranty, and Defendant's signature appears thereafter, it cannot be argued that Defendant's intention was anything other than agreeing to be held personally liable on this debt. Defendant did not qualify his signature with any words of corporate capacity whatsoever, signing simply as "Harry R. Golden". Defendant's argument that he nonetheless executed the Guaranty as an officer of the corporation does not hold water. It is against all logic and contrary to the essential purpose of requesting a personal guaranty for Plaintiff to have entered into a contract with a corporation and permit the corporation to personally guaranty the same contract. The purpose of the guaranty is to get payment from another party in the event of nonpayment by the corporate debtor. Defendant's n _ signature in his individual capacity is clear on the face of the Agreement.The fact that Defendant, HARRY R. GOLDEN, now seeks to claim otherwise flies in the face of the evidence, and should not permit Defendant to avoid liability for the debts incurred under the Agreement. Therefore, Summary Judgment is appropriate in the case at hand, because there is no genuine issue of material fact. B. Plaintiffs Claims are Not Barred by the Statute of Limitations. Plaintiff concedes that the applicable statute of limitations in this case is four years. 42 Pa. Con. Stat. Ann. § 5525 provides, in relevant part, that, [A]n action upon a contract...for the sale...of tangible personal property, an action upon a contract implied in law...an action upon a negotiable bond,note, or other similar instrument,...[or] an action upon a contract, obligation or liability founded upon a writing not specified [above]...except an action subject to another limitation specified in this subchapter... must be commenced within four years." Defendants properly contend that the applicable statute of limitations is four years, however four years have not elapsed from the date of last activity on the account. In this case; while the Agreement was executed in 2001, the transactions giving rise to the instant litigation occurred between December 2009 and January 2010. See Exhibit B. The Agreement states that the personal guaranty is a continuing agreement. See Exhibit A. As less than 4 years elapsed between this account activity and the filing of the complaint, Plaintiff is certainly not barred by the statute of limitations. IV.CONCLUSION Based on the foregoing statements, there is no genuine issue of material fact left for trial nor have the Defendants raised any valid affirmative defenses to the statements in Plaintiff's Complaint. Therefore, the Plaintiff should be entitled to summary judgment in the amount of$5,990.43,plus interest, attorneys' fees and costs of suit. Respectfully Su ed, Alison B. Weinroth-Shaw, Esquire MATTLEMAN WEINROTH&MILLER, PC Attorneys for Plaintiff MATTLEMAN,WEINROTH & MILLER,P.C. By: Alison B. Weinroth-Shaw, Esquire Attorney I.D. No.: 84407 Suite 2226, Land Title Building Broad and Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our file number: 00-79043-1 ENGLERT,INC. ; COURT OF COMMON PLEAS Cumberland County Plaintiff ----------------------------------------- ----------------------------------------- vs. C.A. No.: 11-8300 ----------------------------------------- ----------------------------------------- HARRY R. GOLDEN, and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY iDefendant(s) CERTIFICATE OF SERVICE ALISON B. WEINROTH-SHAW, ESQUIRE-a ttorney for Plaintiff, hereby certifies that on the 21b day of , 2013, a true and correct copy of Plaintiff's Motion for Sunfiniary Judgment was served by first class regular mail and by certified mail, return receipt requested, upon Defendants', Harry R. Golden and Harry R. Golden d/b/a Golden Roofing Supply, attorney as listed below: CHRISTOPHER E. RICE, ESQUIRE Martson Law Offices 10 East High Street Carlisle, PA 17013 MATTLEMAN,WEINROTH & MILLER Dated: y G 3 By: ALISON WEINROTH-SHAW, ESQUIRE Attorney for Plaintiff Exhibit "A" ENGLERT(!/ INC.:. -711 3 APPLICATION AND TERMS FOR EXTENSION OF CREDIT FOR THE PURPOSE OF OBTAINING MERCHANDISE FROM YOU ON CREDIT THE FOLLOWING STATEMENT IN WRI I—ING IS MADE,INTENDING THAT YOU SHOULD RELY ON IT AS CORRECT. Firm or Trade Name &x Date-2. Street I'lle' City/Statelzip Kind of Business rktr How Long in Business Ii Business Phone 7 1' hip ( ) Individual Partners i)Corporation OFFICERS OR PARTNERS: Name and Vile "I lyl--' Name and Title Social Security No. Social Security No. Address Address Home Phone 6 'z, 7- Home Phone Do You Own Rent( Do You Own Rent CURRENT BUSINESS REFERENCES:SUPPLIERS Name /1 F ty! Name_,) Address 82 Address t242 Phone -#r Pho'n.e 'LY6 _221t'-K Name Address Psi.�c2w' e,• /9' Address Phone Phone CREDIT LIMIT REQUESTED: Z 0, a v TERMS: Net 30 Days front Invoice Date V/2% Service Charge per month on all past due accounts. DELIVERY OF MATERIALS: 1/101e accept ail responsibility for shipments of goods and materials by Englert to job sites,mylour place of business, or any other location designated by me/us;whether or not someone is present to receive and sign for such goods and materials. BANKING REFERENCES: Company Checking Account(Narne of Bank) Account No, Loans(Name of Bank) Account No. HAVE YOU SIGNED ANY PERSONAL GUARANTEES, FINANCING STATEMENTS OR ANY OTHER SECURITY FOR THE PUJ9POSEOF SECURING CREDIT? YES—NO IS THERE ANY PREVIOUS BANKRUPTCY, INSOLVENCY OR SUITS INVOLVING THE PRINCIPALS PERSONALLY OR ANY COMPANY IN WHICH PRINCIPALS HA1a 7=BEEN CONNECTED? YES—NO__2�'. IF YES GIVE DETAILS: PERSONAL GUARANTY: In order to induce you to extend credit to the above,named corporation and in consideration of your extending credit to said corporation, at any time or from time to time, at myfour request,- I/We jointly and severally guarantee prompt, primary and immediate payment of any sums or credit advanced. This is a continuing guarantee; notice of its acceptance is hereby waived. Personal Guaranty Signed By: SIGNATURE SIGNATURE Application Signed By: COMPANYNAME f SIGNATURE Exhibit "B " S T A T E M E N T Print Date: 05/28/10 Page: 1 Bill To: 1GO001 Golden' s Roofing Supply 1515 COMMERCE AVENUE SUITE 1 CARLISLE, .PA 17015-9586 UNITED STATES Date Reference Type Due Date Amount Amount Open Cur -------- --------- -------- -------- ---------------- ---------------- --- 11/02/09 I713238 Invoice 12/02/09 867 .94 611.66 USD 11/16/-09 I715801 Invoice 12/16/09 1,511.38 1,511.38 USD 12/07/09 I719046 Invoice 01/06/10 1, 204 .36 1,204.36 USD 12/21/09 I721236 Invoice 01/20/10 908 .07 908. 07 USD 12/28/09 1168796 Fin Chg 12/28/09 7 .84 7. 84 USD 01/26/10 1169505 Fin Chg 01/26/10 42.24 42.24 USD Total Amount Open: 4, 285.55 Payments Unapplied: 0. 00 Total Contested: 0. 00 USD Total: 4 , 285.55 Current Past Due 1 Past Due 30 Past Due 60 ---------------- ---------------- ---------------- ---------------- 0.00 0. 00 0. 00 4,285.55 I N V O I C E Invoice: 1713238 Revision: 0 Invoice Date: 11/02/09 Page: 1 Print Date: 05/28/10 Bill To: 1GO001 Ship To: 1GO001 Golden' s Roofing Supply Golden's Roofing Supply 1515 COMMERCE AVENUE 1515 COMMERCE AVENUE SUITE 1 SUITE 1 CARLISLE, PA 17015-9586 CARLISLE, PA 17015-9586 UNITED STATES UNITED STATES Sales Order: 50875835 Ship Date: 10/30/09 Order Date: 10/30/09 Purchase Order: Salesperson(s) : VA000005 Sold To: 1GO001 Ship Via: ETruck Remarks: Monday del BOL: Resale: FOB Point: DESTINATION Item Number UM Shipped Qty B/O Tax Price Extended Price ---------- ---------- --- --------------- 002155 EA 1000'. 0 0. 0 No 0.52747 ----------527.47 HANGER HIDDEN W/SCREW WO STRAIGHTBACK 5° A52 00120B EA 64. 0 0.0 No 0. 501 32 . 06 ELB 2X3 A HG WHITE 00127B EA 64. 0 0. 0 No 0 .501 32. 06 ELB 2X3 B HG WHITE 00110B FT 500. 0 0. 0 No 0 .4827 241.35 LDR 2X3X10' HG WHITE * * * D U P L I C A T E ------------------------------------------------- Non-Taxable: 867.94 Currency: USD Line Total: 832. 95 Taxable: 0.00 0. 006 Discount: . 0 .00 Tax Date: 11/02/09 Restock Fee 10 : 0 . 00 Containers: 0. 00 Freight 20 : 35.00 Line Charges: 0. 00 SPECIAL 30 : 0. 00 Total Tax: 0.00 Total: 867.95 disc label: Discount: I N V O I C E Invoice: I715801 Revision: 0 Invoice Date: 11116109 Page: 1 Print Date: 05/28/10 Bill To: 1G0001 Ship To: 1G0001 Golden's Roofing Supply Golden's Roofing Supply 1515 COMMERCE AVENUE 1515 COMMERCE AVENUE SUITE 1 SUITE 1 CARLISLE, PA 17015-9586 CARLISLE, PA 17015-9586 UNITED STATES UNITED STATES Sales Order: S0879120 Ship Date: 11/13/09 Order Date: 11113109 Purchase Order: Salesperson(s) : VA000005 Sold To: 1G0001 Remarks: Monday del Ship Via: ETruck BOL: Resale: FOB Point: DESTINATION - Item Number UM Shipped Qty B/O Tax Price Extended Price --- ---------- --- --------------- 00120B EA 64. 0 0. 0 No 0 . 501 -----------32. 06 ELB 2X3 A HG WHITE 00121B EA 32. 0 0.0 No 0. 7136 22. 84 ELB 3X4 A HG WHITE 00143B EA 20. 0 0. 0 No 3 .06017 61. 20 MTRE 5 110 1S BOX HG WHT 00130B EA 120.0 0.0 No 0.33206 39. 85 EC 5° -L- HG WHITE 00131E EA 120. 0 0. 0 No 0.33206 39. 85 EC 5" -R- HG WHITE 00110B FT 300.0 0. 0 No 0.4827 144.81 LDR 2X3X10' HG WHITE 00334B LB 448 . 0 0. 0 No 1 .445 647.36 GC 11 . 75X.032 HG WHITE ------------------------------------------------- ***"******** CONTINUED ****** ** ** I N V O I C E Invoice: I715801 Revision: 0 Invoice Date: 11/16/09 Page: 2 Print Date: 05/28/10 Item Number UM Shipped Qty B/O Tax Price Extended Price ---- ---------- --- --------------- 00334B LB 338 . 0 0 . 0 No 1.445 488 .41 GC 11. 75X.032 HG WHITE * * * D U P L I C A T E ------------------------------------------------------------- Non-Taxable: 1, 511.38 Currency: USD Line Total: 1,476.38 Taxable: 0. 00 0-00 Discount: 0. 00 Tax Date: 11/16/09 Restock Fee 10 : 0. 00 Containers: 0. 00 Freight 20 : 35. 00 Line Charges: 0. 00 SPECIAL 30 : 0. 00 Total Tax: 0 . 00 Total: 1, 511.38 disc label: Discount: I N V O I C E Invoice: I719046 Revision: 0 Invoice Date: 12/07/09 Page: 1 Print Date: 05/28/10 Bill To: 100001 Ship To: 1GO001 Golden's Roofing Supply Golden's Roofing Supply 1515 COMMERCE AVENUE 1515 COMMERCE AVENUE SUITE 1 SUITE 1 CARLISLE, PA 17015-9586 CARLISLE, PA 17015-9586 UNITED STATES UNITED STATES Sales Order: - SO883105 Ship Date: 12/04/09 Order Date: 12/04/09 Purchase Order: Salesperson(s) : VA000005 Sold To: 1GO001 Remarks : Monday del Ship Via: ETruck BOL: FOB Point: DESTINATION Resale: Item Number UM Shipped Qty B/O Tax Price Extended Price --------- ---------- --- --------------- ---------------- 00133W EA 5. 0 0. 0 No 0.33206 1. 66 EC 5" -L- WICKER 00132W EA 5. 0 0.0 No 0.33206 1. 66 EC 5" -R- WICKER 00120W EA 12. 0 0.0 No 0. 501 6.01 ELB 2X3 A WICKER 00127W EA 12. 0 0 . 0 No 0.501 6. 01 ELB 2X3 B WICKER 00292W CN 1. 0 0 . 0 No 7.93396 7 . 93 T/U PAINT GUT12OZ.WCKR 44274 00127N EA 1. 0 0.0 No 0.501 0 .50 ELB 2X3 B CREAM ----------------------------------------- ** ***** CONTINUED ******* *** 1 I N V O I C E Invoice: I719046 Revision: 0 Invoice Date: 12/07/09 Page: 2 Print Date: 05/28/10 Item Number UM Shipped Qty B/O Tax Price Extended Price - ---------- ----------00120M EA 32. 0 0.0 No 0.501 16 . 03 ELB 2X3 A MUSKET 00215S EA 500. 0 0. 0 No 0.52747 HANGER HIDDEN W/SCREW WO 263 . 74 STRAIGHTBACK 5" A52 00758W RL 1. 0 0.0 No 138. 5749 138.57 TC 5" . 032 WICKR/EGGSHL 00350K LB 396. 0 0.0 No 1.485 588 . 06 GC 11. 75X. 032 LGWHT/MUSK 00110W FT 70. 0 0.0 No 0.4827 LDR 2X3X10' WICKER 33 . 79 00110N FT 10. 0 0. 0 No 0.4827 LDR 2X3X10' CREAM 4 . 83 00210a EA 200. 0 0.0 No 0.50283 100.57 HANGER SST BAR * * * D U P L I C A T E ----------------------------------------- Non-Taxable: 1, 204 . 36 Currency: USD Line Total: 1, 169 .36 Taxable: 0.00 0. 0011 Discount: 0. 00 Tax Date: 12/07/09 Restock Fee 10 0. 00 Containers: 0. 00 Freight 20 35 . 00 Line Charges: 0. 00 SPECIAL 30 0 . 00 Total Tax: 0.00 Total: 1, 204.36 disc label: Discount: I N V O I C E Invoice: I721236 Revision: 0 Invoice Date: 12/21/09 Page: 1 Print Date: 05/28/10 Bill To: 1GO001 Ship To: 1GO001 Golden's Roofing Supply Golden's Roofing Supply 1515 COMMERCE AVENUE 1515 COMMERCE AVENUE SUITE 1 SUITE 1 CARLISLE, PA 17015-9586 CARLISLE, PA 17015-9586 UNITED STATES UNITED STATES Sales Order: 50885985 Ship Date: 12/18/09 Order Date: 12/18/09 Purchase Order: Salesperson(s) : VA000005 Sold To: 1G0001 Remarks: Monday del Ship Via: ETruck BOL: Resale: FOB Point: DESTINATION Item Number UM Shipped Qty B/O Tax Price Extended Price ---------- --- --------------- ------------ - 00120W EA 5 . 0 0. 0 NO 0. 501 2 51 ELB 2X3 A WICKER 00127W EA 4 . 0 0 .0 No 0.501 2 . 00 ELB 2X3 B WICKER 00132W EA 2 . 0 0.0 No 0.33206 0 . 66 EC 511 -R- WICKER 00143W EA 5.0 0.0 No 3 . 06017 15 . 30 MTRE 5 1101S BOX WICKER 00142W EA 1.0 0.0 No 3 . 06017 3 . 06 MITRE 5 11I/S BOX WICKER 00334B LB 482.0 0.0 No 1.445 696.49 GC 11.75X. 032 HG WHITE 00758W RL 1.0 0.0 No 138 .5749 138.57 TC 5" . 032 WICKR/EGGSHL ------------------------------------------------------------------ ************ CONTINUED ******** ** I N V O I C E Invoice: 1721236 Revision: 0 Invoice Date: 12/21/09 Page: 2 Print Date: 05/28/10 Item Number UM Shipped Qty B/O Tax Price Extended Price -------- ---------- --- --------------- 00110W FT 30 . 0 0. 0 No 0.4827 ---------------- LDR 2X3X10' WICKER 14 .48 * * * D U P L I C A T E ----------------------------------------- Non-Taxable: 908 . 07 Currency: USD Line Total: 873 . 08 Taxable: 0. 00 0. 00 Discount: 0.00 Tax Date: 12/21/09 Restock Fee 10 : 0.00 Containers: 0. 00 Freight 20 : 35. 00 Line Charges: 0. 00 SPECIAL 30 : 0. 00 Total Tax: 0. 00 Total: 908 . 08 disc label: Discount: Exhibit "C" FARLMClients\13265 Goldm\13265.1am Christopher E.Rice, Esquire Of TFILED-OFFICE OH ,i ,��Y I.D.No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER 2011'DEC 29 QM 10: 0$ MARTSON LAW OFFICES 10 East High Street CUMBERLAND COUNTY Carlisle, PA 17013 PENNSYLVANIA (717)243-3341 Attorneys for Defendant Harry R. Golden ENGLERT, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA: V. :NO: 11-8300 CIVIL TERM HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY, Defendant DEFENDANT'S ANSWER WITH NEW MATTER TO: ENGLERT,INC.,and ALISON B. WEINROTH-SHAW,ESQUIRE,its attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY(20)DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW,comes Defendant Harry R. Golden,by and through his attorneys,MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,Answers Plaintiff s Complaint as follows: 1. Admitted in part and denied in part. It is admitted that Harry R. Golden is an adult individual,but it is denied that he currently resides at the listed address. 2. Denied. Harry R. Golden does not do business as Golden Roofing Supply nor has Plaintiff listed the corporation as a Plaintiff. Any liability due hereunder should be the responsibility of Golden's Roofing Supply, Inc. 3. Denied. The document speaks for itself. 4. Denied as the document speaks for itself. By way of further response, Defendant Harry R.Golden is unable to confirm or deny that the equipment,goods,wares,merchandise and/or services were provided exactly as listed on Exhibit "A" to Plaintiffs Complaint, being an Application and Terms for Extension of Credit(herein,the"Application"). 5. Denied as Defendant Harry R. Golden is unable to confirm receipt and acceptance ofthe said goods,equipment,wares,merchandise and/or services as such were delivered to Golden's Roofing Supply,Inc. 6. Denied for lack of information and belief. 7. Denied as the document speaks for itself. By way of further response, Defendant Harry R. Golden did not agree to pay any prices as set forth by Plaintiff, but rather any agreement was with Golden's Roofing Supply,Inc. In addition,Harry R.Golden did not have any interest in Golden's Roofing Supply,Inc., and had only been an employee with a title of Vice President. He had no check writing authority or authority to bind Golden's Roofing Supply,Inc. 8. Denied as a conclusion of law. 9. Denied as a conclusion of law. 10. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment in Paragraph 10 and the same is therefore denied and strict proof thereof demanded at trial. 11. Denied as a conclusion of law. By way of further response, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment in Paragraph 11 and the same is therefore denied and strict proof thereof demanded at trial. It is also denied as the document speaks for itself. 12. Denied as stated. Harry R.Golden is not liable for the debts claimed by Plaintiff,but rather such debts are owed by Golden's Roofing Supply,Inc. WHEREFORE,Defendant Harry R.Golden requests that the Court dismiss this action with prejudice and award costs of suit and fees for having to defend this matter. NEW MATTE 13. The answers contained in Paragraphs 1-12 are incorporated herein by reference. 14. The exhibit attached to Plaintiffs Complaint as Exhibit "A" is entered into with Golden's Roofing Supply,Inc. 15. Plaintiff has failed to join an indispensable party and as such this proceeding cannot occur, 16. Defendant Harry R. Golden did not sign in his individual capacity nor was he made aware that any signature would be pursued as a guaranty of the debts of Golden's Roofing Supply, Inc. Defendant Harry R. Golden signed as Vice President of the corporation on the Application. 17. Harry R. Golden executed the application as Vice President of Golden's Roofing Supply,Inc. 18. In addition,Harry R. Golden did not have any interest in Golden's Roofing Supply, Inc., and had only been an employee with a title of Vice President. He had no check writing authority or authority to bind Golden's Roofing Supply,Inc. 19. All liability owed to Plaintiff under the Application is owed by Golden's Roofing Supply,Inc. 20. Defendant Harry R. Golden was never advised by Plaintiff that he would have to guaranty the debts of Golden's Roofing Supply, Inc., or that his signature would make him a guarantor of said debts. 21. At no time was Harry R. Golden made aware of the guaranty that he purportedly signed nor was it disclosed to him. 22. There was no consideration paid to or received by Harry R. Golden in return for his purported execution of a personal guaranty. 23. Harry R.Golden,as an employee of Golden's Roofing Supply,Inc.,can not be found liable for the debts of the corporation. 24. Plaintiff knew or should have known that Harry R. Golden was an employee of the corporation and,therefore,would not personally guarantee the debts of said corporation. 25. Plaintiff failed to obtain a personal guaranty from an owner or interest holder of Golden's Roofing Supply,Inc. 26. If the Court determines that Harry R.Golden is a guarantor,he is an uncompensated guarantor and any changes to the original Application or changes to the repayment terms of any monies due thereunder relieve him from any liability under the Application. 27. Plaintiff s claims are barred by the applicable statute of limitations. 28. Plaintiff cannot bring a claim against Defendant Harry R.Golden as he is protected by his status as Vice President and no allegations have been made enabling Plaintiff to pierce the corporate veil. 29. The Application clearly lists the Firm or Trade Name as"Golden's Roofing Supply, Inc."and,therefore,the corporation is the proper party to this action. WHEREFORE,Defendant Harry R.Golden requests that the Court dismiss this action with prejudice and award costs of suit and fees for having to defend this matter. MARTSON LAW OFFICES By: Christopher E. Rice,Esquire I.D.No.90916 Ten East High Street Carlisle,PA 17013 (717)243-3341 Attorneys for Defendant Harry R. Golden Date: VERIFICATION The foregoing Answer with New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel,it is true and correct to the best of my knowledge,information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa.C.S.Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false .averments, I may be subject to criminal penalties. AA jd'ae-� Harry Golden fp CERTIFICATE OF SERVICE I,Jacqueline A.Decker,an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller,hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Alison B. Weinroth-Shaw,Esquire MATTLEMAN,WEINROTH&MILLER,P.C. Land Title Building, Suite 2226 Broad and Chestnut Streets Philadelphia,PA 19110 MARTSON LAW OFFICES By: �Q V Vqu e A. Decker t High Street Carlisle,PA 17013 (717)243-3341 Dated: Exhibit "D " FIFILES\Clients\13265 Golden\13265.3 Englert\13265.3.ain Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden ENGLERT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: V. : NO: 11-8300 CIVIL TERM HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY, Defendant DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES AND NOW, comes Defendant Harry R. Golden,by and through his attorneys,MARTSON DEARDORFF WILLIAMS OTTO GILROY&FALLER,and answers Plaintiff's Interrogatories as follows: All answers and responses are made subject to and without in any way waiving or intending to waive, and on the contrary, intending to preserve and preserving: 1. Defendant's rights under the Pennsylvania Rules of Civil Procedure and the Cumberland County Local Rules; 2. All questions as to competency,relevancy,materiality,privilege and admissibility of evidence for any purpose in any subsequent proceeding or the trial of this or any other action; 3. The right to object on any ground at any time to a demand for further response to this or any other discovery request involving or relating to the subject matter of this request; 4. The right to further supplement and/or amend these answers based upon the discovery of additional information or discovery. 5. The right to object on any ground to the use and/or admissibility of any documents or evidence by Plaintiff or any other party in any subsequent proceedings or the trial of this or any other action on any ground. 6. The right at ay time to revise, correct, supplement, clarify,or amend these answers. 7. The attorney-client, work-product and expert privileges and, accordingly, any subsequent answer or production shall not constitute a waiver of said privileges; and 8. Defendant also incorporates herein by reference all pleadings and other documents served or filed by Plaintiff in this action. I. GENERAL ANSWERS & OBJECTIONS 1. Defendant specifically reserves the right to supplement its answers and objections to the interrogatories because, inter alia, its investigation continues. 2. Each of the interrogatories and instructions is objected to insofar as and to the extent that they seek information subj ect to the attorney-client privilege,work-product doctrine,immunity and other privileges. In producing information pursuant to these interrogatories Defendant does not waive or intend to waive any privilege or immunity with respect to information (or the subject thereof)that may be inadvertently produced. 3. Each of the interrogatories and instructions is objected to insofar as and to the extent that they seek to impose requirements in excess of, or inconsistent or in conflict with, the requirements of the Pennsylvania Rules of Civil Procedure and the Local Rules of the Cumberland County Court of Common Pleas. 4. Each of the interrogatories and instructions is objected to insofar and to the extent that they seek to require Defendant to obtain from and produce information in the possession of other parties. 5. Each of the interrogatories and instructions is objected to insofar as and to the extent that they do not describe with reasonable particularity the information being requested and are overboard, duplicative, and unduly burdensome. 6. Each of the interrogatories and instructions is objected to insofar as and to the extent that they seek confidential and/or proprietary information. 7. Defendant's statement(s) that it will produce information in response to any interrogatory is not intended as,and should not be construed as,an assertion that Defendant has any information responsive to said request. 8. Defendant's answers to the specific interrogatories set forth below shall be deemed to incorporate, and shall not be deemed a waiver of, these General Answers and Objections. Y 9 ' INTERROGATORIES 1. Set forth the full name, address, person and/or business telephone number, age, employer and position of the person answering these interrogatories. ANSWER: Harry R. Golden 139 Virginia Avenue Carlisle, PA 17013 Age: (717) 422, 2. Set forth the name, address and telephone numbers of all persons who possess knowledge of any facts relevant to the issues of this suit and describe in detail the extent and nature of their knowledge. Indicate persons you expect to call at trial as fact witnesses. ANSWER: Gerald Golden (sole owner of Golden's Roofing Supply, Inc.) 201 South Fileys Road Dillsburg, PA 17019 3. If you deny liability on the claim as alleged in the Plaintiff's complaint,or claim that you owe less than demanded in the Plaintiff's complaint, state fully and in detail your reasons therefore and what amount you are liable for, if any. ANSWER: The debt is owed solely by Golden Roofing Supply, Inc., a Pennsylvania corporation. At no time did Harry R. Golden, individually, guaranty any debts of said business. 4. Identify each and every person who has knowledge of any relevant facts relating to the above entitled action. As to each person state a brief summary of the facts know to each person. ANSWER: Gerald Golden f a r ' 5. Identify each and every conversation or communication between any of the parties to this action relating to the subject matter of the above entitled action including all communications by others acting on your behalf with other parties to this action or others acting on their behalf. ANSWER: None. 6. Identify each document that has been relied upon by each witness or expert witness in the formulation of his or her opinion. ANSWER: None. 7. Identify each person supplying information used to answer any of these interrogatories,and set forth the number or numbers of which interrogatories such information was provided for. ANSWER: See answer to Interrogatory No. 1. 8. Identify each document that you referred to or otherwise relied upon in your answers to these interrogatories setting forth the number of each interrogatory requiring such reference or reliance. Annex hereto a copy of each"document" ANSWER: None. 9. Identify each document in your possession or control,in addition to the preceding two questions, that is, in any way,related to the subject matter of the above mentioned action. Annex hereto a copy of each document identified in your response. ANSWER: None. 10. Identify all documents that you know or believe to be in existence, not in your possession,custody or control,that in any way relate to the subject matter or the above named action, setting forth the source of your knowledge or belief and identify the person or entity in whose possession, custody or control such document is know or believed to be. ANSWER: None. 11. For all admissions you claim have been made by any party in this action with respect to the subject matter of this action: (a)Identify the persons making said admissions; (b) identify all witnesses to said admissions;(c)set forth the date,place and manner in which said admissions were made;and(d)annex hereto any copies of each written admission and identify the details of each oral admissions. ANSWER: None. 12. Identify any declaration against interest made by any person,whether or not a party, relating tot the subject matter of this action, and respect to each such declaration against interest: a. If said declaration against interest was contained, in whole or in part, in an oral communication,set forth the date and place of each said declaration,who made the declaration,to whom the declaration was made,the contents of each declaration and all witnesses to each declaration; and b. If the declaration against interest was contained, in whole or in part, in a document, or if a document relates to a declaration, identify the document and attach a true copy hereto. ANSWER: None. 13. Identify all persons who have been retained or specially employed or consulted in anticipation of litigation or preparation for trial of this action and who are not expected to be called as witnesses at trial and set forth the following with respect to each such person: a. The subject matter for which he or she was retained,employed or consulted; b. his or field of expertise; C. His or her qualification and training including professional and practical experience, educational institutions attended, and degrees obtained. As to each item listed in the answer to this interrogatory,set forth the relevant dates and the nature and identity of each institution attended and of each place at which experience or training was received; and d. Identify any article or publication written by the person relating in any way to his or her field of expertise or the subject matter of this action. As to each such article or publication, identify the publisher and set forth the date and location of publication. ANSWER: None. 14. Identify all agreements or contracts, whether written or oral, between any of the parties to this action relating to the subject matter of this action.With respect to each such agreement or contract set forth: a. The date, time, and location of each such agreement or contract; b. The substance of each such agreement or contract; C. Identify each person who participated in the negotiation of each agreement or contract; d. Identify whether each such agreement, if in writing, was signed by a representative of the Plaintiff, e. If oral, provide a summary of each such agreement or contract; f. If in writing, identify true copies of each such agreement or contract; and g. Identify all document relating to any such agreement or contract. ANSWER: None 15. State whether any amendments, modifications, alterations, or supplementation (collectively"amendments")to the agreements or contracts between any of the parties were made, whether such amendments are or were oral. With respect to each such amendment to said agreement or contract, set forth: a. The date, time, and location of each such amendment; b. The substance of each such amendment; C. Identify each person who participated in the negotiation of each such amendment; d. Identify,if an amendment was in writing; who, and in what capacity signed each amendment; e. If oral, provide a summary of each such amendment; f. If in writing, identify true copies of each such-amendment; and g. Identify all document relating to any such amendment. ANSWER: None. 16. Identify all insurance agreements or policies,that are or were existing,under which any person or firm carrying on an insurance business may be liable to satisfy,in whole or in part,any judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy any judgment. For each agreement or policy attach a copy hereto. ANSWER: None 17. Identify each and every fact upon which you intend to rely or to refer to in support of your position with respect to each parry to this action: a. Identify each person having knowledge or claiming to have knowledge regarding the facts set forth in your answer to this interrogatory. As to each such person, state specifically the facts to which such person has or claims to have knowledge and how such person came to have possession of such knowledge. b. Identify each and every document which supports, tends to support or is claimed by you to support your answer to this interrogatory. As to each document, identify those facts to which each document refers or relates and attach a copy of each document hereto. ANSWER: Gerald Golden 18. Have you prepared any summary or chronology of the claims and disputes in this litigation? If so, state a. When each summary or chronology was prepared; and b. The purpose for preparing such running or chronology. C. Attach a copy of all such summaries/chronologies. ANSWER: None 19. Attach copies of all answers to interrogatories and request for admission served by you upon all other parties, or served by other parties upon you. ANSWER: None MARTSO'N LAW OFFICES BY: Christopher E. Rice, Esquire I.D.No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden Date: VERIFICATION The foregoing Answers to Interrogatories are based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Harry R. olden a el 1 CERTIFICATE OF SERVICE I,Mary M.Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Answers to Interrogatories was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Alison B. Weinroth-Shaw, Esquire MATTLEMAN, WEINROTH& MILLER, P.C. Land Title Building, Suite 2226 Broad and Chestnut Streets Philadelphia, PA 19110 MARTSON LAW OFFICES By _ �� t Mary M1. Price 10 Ea6t High Street Carlisle, PA 17013 (717) 243-3341 Dated: Exhibit "E" ` FAFILES\Clients\13265 Golden\13265.3 Englert\13265.3.resp.admissions. Christopher E. Rice, Esquire I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden ENGLERT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: V. : NO: 11-8300 CIVIL TERM HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY, : Defendant DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR ADMISSIONS AND NOW, comes Defendant Harry R. Golden, by and through his attorneys,MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, responds to Plaintiff's Request for Admissions as follows: 1. Denied. Defendant Harry R.Golden is not aware of what forms the basis of the claim since he was not in charge of the books or payment of any bills. As previously stated, Harry R. Golden did not do business as Golden's Roofing Supply as it is its own entity as is clearly stated on the Application. 2. Denied. It is unknown whether Plaintiff has credited the delinquent account for all deposits/payments prior to filing the Complaint. 3. Denied. Any damages in the amount alleged in the Complaint are owed solely by Golden's Roofing Supply, Inc., a Pennsylvania corporation. 4. It is denied as the document speaks for itself. 5. It is denied that Harry R. Golden is the personal guarantor on said Application and Terms for Extension of Credit Agreement as he signed it in his capacity as an officer of the corporation. 6. It is admitted that the signatures located on the Application are true and correct but it is denied as the document speaks for itself. MARTSON LAW OFFICES (f,4,/,4_i`,.,4 .5 /< Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden Date: 1-2 ell a VERIFICATION The foregoing Response to Request for Admissions is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Harry R. olden r CERTIFICATE OF SERVICE I,Mary M.Price,an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Alison B. Weinroth-Shaw, Esquire MATTLEMAN, WEINROTH& MILLER, P.C. Land Title Building, Suite 2226 Broad and Chestnut Streets Philadelphia, PA 19110 MARTSON LAW OFFICES By: `%, Mar, "rice 10 EaAigh Street Carlisle, PA 17013 (717) 243-3341 Dated: ff 'Il � Our File No.: 00-79043-1 z ti PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) CAPTION OF CASE y r, (entire caption must be stated in full) ENGLERT, INC. 'W �r" 0s�}. NO vs. HARRY R. GOLDEN,and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY ' 11 8300 C �C- No. —i I- State matter to be argued(i.e., plaintiff's motion for new trial,defendant's demurrer to complaint, etc.): MOTION FOR SUMMARY JUDGMENT 2. Identify all counsel who will argue cases: (a) for plaintiffs: NATHAN C. WOLF Wolf& Wolf (Name and Address) 10 West High Street, Carlisle, PA 17013 (b) for defendants: CHRISTOPHER E. RICE (Name and Address) Martson Law Office 10 East High Street Carlisle PA 17013 3_ 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: AL19USt 9, 2013 Sign re Alison . Weinroth-Shaw Print your name PLAINTIFF - ENGLERT, INC. Attorney for Date: INSTRUCTIONS: 1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR(not the Prothonotary)before argument. 2.The moving party shall file and serve their brief 14 days prior to argument. 3.The responding party shall file their brief 7 days prior to argument. 4.If argument is continued new briefs must be fried with the COURT ADMINISTRATOR(not the Prothonotary)after the case is relisted. ��7" ��Sq FAFILES\Clients\13265 Golden\13265.3 Eng1ert\I3265.3.motion.wpd pp 1 7 t THE. . Christopher E. Rice, Esquire 20 It 31 JUL 31 PH 12. 1 I.D. No. 90916 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMBE'iil AND COUINI T'r MARTSON LAW OFFICES PENNSYLVANIA 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden ENGLERT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: V. : NO: 11-8300 CIVIL TERM HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY, Defendants MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR DEFENDANT HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY The undersigned,Christopher E. Rice,Esquire,of Martson Law Offices,hereby seeks leave to withdraw his appearance and that of the law firm on behalf of Defendant, Harry R. Golden ("Client"), and in support of this Motion states: I. The Client has failed substantially to fulfill an obligation to the lawyer regarding payment for counsel's services and has been given reasonable warning that counsel will withdraw unless the obligation is fulfilled. Specifically,the Client has failed to fulfill his payment obligation under the engagement with counsel's firm. 2. The Client is not opposed to this Motion for Withdrawal and has opted to proceed pro se and may obtain counsel. 3. The Client has been served a copy of the Motion. 4. A copy of the Motion has been served on Plaintiff's counsel via facsimile and first class mail. 5. It is unknown whether replacement counsel will be chosen. 6. The parties are scheduled to argue before this Court on a Motion for Summary Judgment on August 9, 2013, but this matter has not been scheduled for trial. 7. Client's Brief for the Argument Court is due this Friday,August 2,2013,and Client contacted counsel today stating that Client is not able to pay the current bill or advance additional monies. 8. Counsel for the Plaintiff was contacted via phone, but could not be reached. WHEREFORE, the undersigned counsel and Martson Law Offices request that the Court enter an Order permitting counsel to withdraw his and the law firm's appearance, and continue the current argument on the Motion for Summary Judgment until the next Argument Court date being September 27, 2013. Respectfully submitted, MARTSON LAW OFFICES (� By. � 5— . Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Harry R. Golden Date: 713111-3 CERTIFICATE OF SERVICE I,Mary M.Price,an authorized agent for Martson Law Offices,hereby certify that a copy of the foregoing Motion to Withdraw as Counsel was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Alison B. Weinroth-Shaw, Esquire MATTLEMAN, WEINROTH & MILLER, P.C. Land Title Building— Suite 2226 Broad and Chestnut Streets Philadelphia, PA 19110 Facsimile: (856) 429-9036 Mr. Harry R. Golden 139 Virginia Avenue Carlisle, PA 17013 MARTSON LAW OFFICES 77, GL By: r . Price 1 t High Street Carlisle, PA 17013 (717) 243-3341 Dated: c ENGLERT, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA: V. : NO: 11-8300 CIVIL TERM HARRY R. GOLDEN and HARRY R. GOLDEN d/b/a GOLDEN ROOFING SUPPLY, Defendant ORDER AND NOW,this day of f\i1 p d s� ,2013,upon consideration of the Motion of Christopher E. Rice, Esquire, and MartsoJn Law Office for leave to withdraw as counsel, it is hereby ORDERED and DECREED that Christopher E. Rice, and Martson Law Offices are marked withdrawn in the above matter, and that the argument scheduled for August 9, 2013, is hereby rescheduled to the next Argument Court date of September 27, 2013. By the Court, J. stribution: ristopher E. Rice, Esquire son B. Weinroth-Shaw, Esquire ,,Ur. Harry R. Golden w CD C: i �r MATTLEMAN, WEINROTH & MILLER, P.C. HE PROTHONOTAwt By: Stephen H. Barrett, Esquire, PA# 313709 401 Route 70 East, Suite 100 L 23 ' 1 1: 53 Cherry Hill, NJ 08034 CUMBERLAND COUNTY (856) 429-5507 PENNSYLVANIA Attorneys for Plaintiff Our File No.: 00-79043-0 COURT OF COMMON PLEAS ENGLERT, INC. Cumberland County Plaintiff, CASE NO.: 11-8300 Civil vs. HARRY R. GOLDEN HARRY R. GOLDEN, d/b/a GOLDEN'S ROOFING SUPPLY Defendant(s). ENTRY OF APPEARANCE TO THE PROTHONOTARY Please enter my appearance as counsel for the Plaintiff, ENGLERT, INC.. MATTLEMAN, WEINROTH, & MILLER, P.C. DATED: September 19, 2013 By: tl-een H. Barrett, Esquire ENGLERT,INC. COURT OF COMMON PLEAS Cumberland County Plaintiff vs. ; C.A.No.: 11-8300 HARRY R. GOLDEN,and HARRY R. GOLDEN d/b/a GOLDEN'S ROOFING SUPPLY Defendant(s) ORDER THIS MATTER having been opened to the Court by Alison B. Weinroth-Shaw, Esquire, of the firm of Mattleman, Weinroth&Miller, attorneys for Plaintiff, and for good cause shown; IT IS ON THIS a7 ' DAY OF ►'w,41./ 2013, upon consideration of Plaintiff's Motion for Summary Judgment and the attached Exhibits in support of same; IT IS HEREBY ORDERED AND DECREED that said Motion is GRANTED and Judgment is hereby entered in favor of Plaintiff;ENGLERT, INC., and against Defendants,Harry R. Golden and Harry R. Golden d/b/a Golden Roofing Supply, in the amount of$5,990.43,plus interest, attorneys fees, costs of suit,and any other relief this Court finds equitable and just. . AL., J. 111. -11(ECL, rri LT- 9/a Via