HomeMy WebLinkAbout12-3845a
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
KOHL ROOFING & SIDING CO.
t/a KOHL BUILDING PRODUCTS INC.
1047 Old Bernville Road
Reading, PA 19605
Plaintiff,
V.
SETH B. HUGHES
14 Cardinal Drive
Carlisle, PA 17015-4309
Defendant.
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth
in the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or objections to the claims set
forth against you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other claim or relief requested
by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990-9108
(717) 249-3166
U 3.7Spd a
C? s'a7?7
39760
?.#- a? Co 909
r
IN THE COURT OF COMMON PLEA "
FOR CUMBERLAND COUNTY, PENN L' AM- A!-, • _,
KOHL ROOFING & SIDING CO. F Y
t/a KOHL BUILDING PRODUCTS INC. '
1047 Old Bernville Road
Reading, PA 19605
V.
Plaintiff,
Civil No: a-38LIS 8wt
SETH B. HUGHES
14 Cardinal Drive
Carlisle, PA 17015-4309
Defendant.
COMPLAINT
Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc., by and through its
attorneys, Silverman Theologou, LLP, and Gary S. Silverman, Esquire hereby brings this
action against Defendant and states as follows:
Parties
I . Plaintiff Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. ("Kohl") is,
and was at all times relevant hereto, a Pennsylvania corporation with its principal office at 1047
Old Bernville Road, Reading, PA 19605.
2. Defendant Seth B. Hughes is and was at all times relevant hereto a Pennsylvania
resident.
Factual Background
3. Hughes Contracting was a sole proprietorship owned by Seth B. Hughes.
4. On or about August 10, 2006, Seth B. Hughes d/b/a Hughes Contracting
(Hughes") executed a Business Credit Application ("Agreement") with Kohl wherein Hughes
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agreed to pay for materials provided by Kohl. A copy of the Agreement is attached hereto as
Exhibit A and incorporated herein by reference.
5. Pursuant to the terms of the Agreement, Hughes agreed to pay interest in the
amount of eighteen (18%) percent per annum on the unpaid balance of any account past due.
6. Pursuant to the terms of the Agreement, Hughes agreed to pay thirty-three and
one third (33 1/3%) of the principal amount due for attorney's fees plus costs.
7. Hughes Contracting, Inc. was incorporated on December 10, 2007.
8. Hughes Contracting, Inc. and its President, Seth B. Hughes, subsequently
proceeded to purchase materials from Kohl using the account of Hughes Contracting.
COUNTI
(Breach of Contract against Seth B. Hughes)
9. Kohl incorporates paragraphs 1 through 8 in this Count I as if fully stated herein.
10. At the request of Hughes Contracting, Inc. from March 2009 through April
2009, Kohl provided building products to Hughes Contracting, Inc. on the open account of Seth
B. Hughes d/b/a Hughes Contracting and sent invoices demanding payment. Hughes
Contracting, Inc. and Seth B. Hughes initially failed to pay the principal amount totaling twelve
thousand nine hundred sixty-nine and 67/100 dollars ($12,969.67). A true and accurate
copy of the statement of account is attached hereto as Exhibit B and incorporated herein by
reference.
11. Subsequently, a payment of $5,000 was received, reducing the outstanding
principal balance to $7,969.67.
12. Subsequently, on January 20, 2010, an additional payment of $4,000 was
received, reducing the outstanding balance to $3,969.67.
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13. When no further payments were forthcoming, the account was referred to
undersigned counsel for collection on or about December 30, 2010.
14. Subsequently, four payments totaling $3,000 were received, with the final
payment of $1,000 being received on November 7, 2011; $1,923.35 was applied against
interest and $1,076.65 was applied against principal, and a credit of $16.05 was applied against
principal on April 25, 2012, reducing the outstanding principal balance to two thousand eight
hundred seventy six and 97/100 dollars ($2,876.97.)
15. Despite due demand for payment and full performance by Kohl, Hughes has
failed to pay Kohl pursuant to the Agreement and is in breach thereof.
16. As a result of the failure of Hughes to pay the sums due, Kohl has sustained
damages in the following amounts:
(a) principal in the amount of $2,876.97;
(b) interest from November 7, 2011 in the amount of 1.5% per month (18% per
annum);
(c) attorney's fees in the amount of $1,323.22 (33 1/3% of the principal balance
of $3,969.67 due when the account was referred to undersigned counsel); and
(d) costs of this action.
WHEREFORE, Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc.
demands judgment against Defendant Seth B. Hughes as follows:
(a) principal in the amount of $2,876.97;
(b) interest from November 7, 2011 in the amount of 1.5% per month (18% per
annum);
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(c) attorney's fees in the amount of $1,323.22 (33 1/3% of the principal balance
of $3,969.67 due when the account was referred to undersigned counsel); and
(d) costs of this action.
Respectfully submitted,
SILVERMAN THEOLOGOU, LLP.
Sy 9*44089
11200 Rockville Pike
Suite 300
N. Bethesda, MD 20852
(301) 468-4990
Attorney for Plaintiff
4 39760
VERIFICATION
GARY S. SILVERMAN, ESQUIRE, hereby states that he is the attorney for the
f Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are
true and correct to the best of his knowledge, information and belief.
The undersigned understands that the statements herein are made subject to the
penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn f9l fication to authorities.
Mary S. Silverman, Esquire #44089
11200 Rockville Pike, Suite 300
N. Bethesda, MD 20852
(301) 468-4990
Attorney for Plaintiff
5 39760
NUV, ITS, tour 'its; IOAM l MECHANICSBURG NO. 895 P. 2/3
BUSINESS CREDIT APPLICATION
.. KOHL
BUILDIN LPHO as
CORPORATE & READING BRANCH Olt'+'FICES:
1047 Old Berttville Road, Reading. PA 19605-9311
610.926.8800 610-916-0582 (M)
I. Complete all sections (massing information will delay processing).
2. Sign appropriate sections on FRONT and BACK of form.
3. Provide financlal statement
Date
a? o
/1 1 y( Credit Lino Requested o0p . r
Legal Name of Business; t_V TVA- I tk? /f DBA;
Address: LIt t;", a rCiuY?ta1.`fG r' L_ r'701?
n tY: State: Zip:
Business Phone; 2) ,3 39 Pax N: lrr7 ?CZ3C Cellt}: ???7 ??? -06 s q Business Established:
Ped. Tax I.D. 4:4250 S1-9%'(CFj Corporation o1e Pr Partnership Are owners also involved in any other business? _ Ycs X No .'
Tax Status: X Taxable _ Non-taxable (If tax-exempt. certificate must be provided.) r
Have you ever had an account with Kohl Building Products? - Yes X No Name of provious business:
Nettle of oontaet: Purchase Order Required? /& Yes ? No
PrfnCipaLr:
Full Name Home Address & Phone #
Position Social Security #
5vppner Refer¢nc¢s:
Name Phone # Fax% Acct p
1.) -0,?JQ, s Coo,-;s( z)
2.) /ft ('Val (Carl's
3.)? Lyi'>t bar ?l?-fit S rJJcr/'S
4.) Uh' 1'C-.Korb. (/neC?lO?/=Sla'1
Bank (Checking) Natne/Branch ['IQOY berS /s" (b_-"I"'it) A,eo Fax-
Signature authorizing the bank to release information: X t»1?+?..•r Phone:
Has the business or any of the principals Usted above tiled for bankruptcy? (explain)
GUARANTY -- -
In order to induce KOHL. BUILDING PRODUCTS 0iorsafter relbrred to as Yb)% to oxiatd credit to the person or business named above applying for credit. WE hereby PERSONALLY
GUARANTY to M, prompt payment for oil materials purchased ffom KZA whether or not the amount of said purchase cxcaads the credit limh requested in the credit application. YWE
also PERSONALLY GUARANTY payment of 1 112% per moth interest on the unpaid balance of any aetow past due, plus 33 113% anomey% fees and court coats, AdditjarWly, ME
acknowledge that the tams and conditions contained In the business credit application shelf be incorporated harain by rafsrance and be made a pan of this GUARANTY.
This is a continuing GUARANTY and "remain in full force and allow until revokod by Guaramor to writing and sotn As cerdflod maillmu t eoeeipt requested to KBP. Such
revocation shall be of ilve only as to claims that miss our of transactions entered into afar the receipt of said notice. Thin GUARANTY shall remain binding upon tiro Uis, estate
re:prvaentatlvos, svcoossors and asslgnt of Guarantor(s). The undersigned hereby waive their hors read exmnption as well as all requirements or fights with regard to notice, demand,
presentment or protest and hereby appoint any employee of KBP or attorney, to appear in t¢ry corm or competent juriadiction for the purpose of confessing judgment on at) amounts due
pursuant to the norms of this GUARANTY.
The undersigned, recognizing that his or her individual credit history may be a hater in the ovalustfon of accepting this GUARANTY. hereby consent to and authorizes KDP to obtain
and use (from time to mime and on an "as needed' basis) any and all information related to the credit evaluation Timms, inoludhtg but not limited to, the undersigned's consumer credit
ration.
IMPORTANT NOTICE: THIS CONTAINS A CONFESSION OF JUDGEMENT PROVISIO;V, WHICH CONSTITUTES A WAIVER OF
MPORTAA'T RIGHTS YOU MAY HAVD, AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A JUDGEMENT AGAINST YOU
WITHOUT F 7 UR gTICE. /jam
X Signature 1?1 Print Name; - A /? ' r . 14 S SS 9 Date ?0 6 ?,_
No Tides
X signature
Signature
Print Name: SS k Date
No 'lidos
No Titles
Print Name: SS a
Date
e. -
Signnues Print Name: SS x _ _ Darer
No Titles uwt46j%mASTBtSt("D.Ar (20041 Q
Adlh N0. 895 P. 313
IV U v, I L U U tl' I u: l U AM HL t `HA N l C sTERMS AND CONDITIONS Olr SALE
1. Kohl Building Products' terms and conditions of We, aS well as all aspects of this application (including the personal guaranty), have been reviewed for, ar,
are in compliance witb all State and Federal Imm. Additionally, all decisions with regard to the extension of credit to any corporation, sole proprictorshil
individual or personal guarantor shall be made in accordance with applicable Slate and Federal laws, including but not limited to, the Equal Credit Oppornmit
Aril The Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants: on the basis of race, color, religion, national origin
se7, marital status, or age, or because all or part of the applicant's income is derived from any public assistance program, or because the applicant has in goof
faith exercised any right under the Consumer Credit Protection Act.
Z. These terns and conditions of sale shall control (and suporoede all other agreements between the parties) as to all sales made by KOHL BUILDINC
PRODUCTS (horeafter referred to as KB?), including all direct shipment sales (whether or not materials are billed to Purchaser's job accounts), Additionally,
Purchaser agrees that they shall be responsible for payment of all materials even where said purchase exceeds the credit limit requested, Terms of sale are net
30 days unless otherwise noted on invoice, Accounts that exceed 60 days past terms may be placed on credit hold until the account is paid current.
3. All orders arc based on market price at time of shipment. All prices for direct or drop ship items are FOR shipping point unless otherwise spoolfied in writing
by an agent of KaF, PrIon for all other items are FOB point of delivery, The prices quoted two subject to Federal. State, or Local taxes,
4. All orders placed for special order materials (i.e. those materials not kept in Stools) are final and may require deposit at time of order, with payment in tit
regairod prior to delivery. Once a special order is placed and confirmed in writing by KBP, purchaser agrees to accept said materials and make payment in full.
Returns for non-stook or special order materials are subject to the manufaeturces return policy.
5. All materials detivered must be examined and inspected by the purchaser upon rtrotipt Any claim of shortage or damage must be made at time of delivery.
Wlxm Purchaser cannot examine and inspect material upon receipt, any and a)) claims must be made within 3 days of delivery or Purchaser accepts materials
,.as is".
6. Defective material may be returned for credit or replacement. Returns must be accompanied with the original invoice. Rctums must be made within 30 days
of invoice date, Resaleable stock items may be returned and credit will be given when material is received and inspected. Returned materials are subject to a 15%
handling fee. Additional restocking charges Imposed by the nisaufeoturer will be charged to the Purchaser. Obsolete andfor discontinued materials arc not
rettxnable.
7. Purchaser agrees that their sole remedy for any default arising out of the We of materials shall be the return of said materials purchased for a full refund, and
that no suit for defhult will be brooght against, or include KBP where consequential or incidental damages, attorney's fees or costs are sought.
8. Oc orders placed whore the delivery date is delayed due to a atanuhicturces shipping. or any other error, Purchaser agrees to hold KBP harmless for the delay
and agrees to make payment in full for materials. Purchaser further agrees that KBP shall not be responsible for. and KBP shall be held harmless, for any product
def'ba, manufacturer's shipping defect, or any IWury to person(s) due to said defects.
9. KBP makes NO WARRANTIES express or Implied, including without limitation, WARRANTIES AS TO MERCHANTABILITY, OR AS TO FITNESS FOR
A PARTICULAR USE OR PURPOSE, and shall not be liable for any loss or damage arising from the use of such materials. ALL MATERIALS ARE DELIVEREIJ
"AS IS" AND "WITH ALL FAULTS". Any contradictory statement made by on employee of KBP, shalt have no effect.
10
All a vc cgs are due net 30 days from date of invoice or WWI
Accounts that exceed 60 days past terms may be placed on credit
11.?urchaser agrees that all material sold on adbount constitute a continuing contract, and no specific individual sale, invoice, or purchase how shall be
considered separate for the purpose of mechanics liens, payment bonds. or for any other purpose, Title to all material shall remain r.BP until paid for in full,
12, Purchaser represents and warrants that the information provided herein is true and complete. Further, Purchaser authorizes KBP to make all inquiries ii
deems necessary to verify the information provided above, including Dun & Bradstreet reports and credit report information. Further, the undersigned who is
either the principal of the credit applicant or other interestod patty, (recognizing that his or her individual credit may be a factor in the evaluation of the credit
history of the applicant), hereby consents to and authorizes KBP to obtain and use (from time to time and on an 'as needed" basis) any and all information
related to the emdit evaluation process, including but not limited to, the undersigned's consumer credit report.
33, purchaser waives his/herlira homestead exemption as well as all requirements or rights with regard to notice, demand, presentment or protest and hereby
appoint, any employee of KBP or any anomcy for the purpose of Confessing judgment in any court of competent jurisdiction in favor of KBP fbr all amounts
due trader the provisions of these terms and conditions of sale.
IMPORTANT NQTICEr THIS INSTRUMENT CONTAINS A CONYMION OF JUDGEMENT PROVISION, WHICH CONSTITUTES A WAIVER OF
aVO RTANT RIGIM YOU MAX HAVE AS A DEBTOR AND ALLOWS THE CREDITOR TO OBTAIN A. JUDGEMENT AGAINST YOU WITHOUT
I' MTEIER NOTICE.
Pttrchssc}tiacknowledges that he/she has read and AORfiES TO ALL OF THE ABOVE TERMS AND CONDITIONS OF SALE.
X- --
Signature Name (Print)
Signature
Signature
Signature
Name (Print)
Name (Print)
Name (Print)
Tide
Title
TWe
Title
FP'
KOHL -
BUILDING PRODUCTS REMIT TO: 1047 OLD BERNVILLE ROAD
READING, PA 19605-9311
S T A T E M E N T
HUGHES CONTRACTING INC SHIP TO:
14 CARDINAL DRIVE
CARLISLE PA 17015-4309
HUG083
05-28-09
1
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HUG083 717/385-0639 03 1
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03/19/09 STAMBAUGH 30539 10,576.67 10,576.67
03/19/09 STAMBAUGH 30542 2,937.26 2,937.26
03/31/09 STAMBAUGH 29736 681.19- 681.19-
04/06/09 CHECKFEE CREDI 31696 80.00- 20.00 60.00-
04/08/09 STANBAUGH 31857 5.34 5.34
04/30/09 95994 191.59
Adm..
aft. 191.59
- ?
Wwwom
TA'91tw,
?$c ' a
SERVICE CHARGE OF 1-1/2 PER MONT H (18t PER YEAR ON ALL ST DUE AMO TS
CURRENT 30 DAYS 60 DAYS 90 DAYS OVER 90 TOTAL DUE
544.26- 13,513.93 1.2,969.67
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
ti.° %o
o'2 JUL -9 AM 8, 45
cUMIERLAND COUNT"'
PPENNSYLVANIA
Kohl Roofing & Siding Co.
vs.
Seth B Hughes
Case Numb
2012-3845
SHERIFF'S RETURN OF SERVICE
06/22/2012 10:27 AM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June
2012 at 1027 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Seth A. Hughes, by making known unto Jennifer Hughes, Wife of Defendant at 14
Cardinal Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to her personally the said true and correct copy of the same.
•. e
TIM AC , DEPUTY
SHERIFF COST: $34.00
June 28, 2012
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
t
ttttlK' pt 4"?:IlIiP}fi y TX_
SO ANSWERS,
G'?• C?
R M1VUCK.7UN, JFitKIl-F
___ _ rr
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
KOHL ROOFING & SIDING CO.
t/a KOHL BUILDING PRODUCTS INC.
Plaintiff;
v.
SETH B. HUGHES
Defendant.
Civil No: 12-3845 ~.~'
• .-'=s C~
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Praeciae to Enter Judgment by Default °.~ c~
_,.
To: Prothonotary of the Cot:rt
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Please note that Plaintiff requests judgment by default, pursuant to Pa. R.C.P. 237.1, on
Defendant, Seth B. Hughes, upon the expiration from 10 days of the date of notice herein.
Plaintiff requests that the judgment by default be entered for the sums due per the
complaint originally filed in this case, with a credit for $284.51 applied to interest for a
payment received on September 6, 2012 and a credit for $107.74 applied to principal on
October 22, 2012, as follows:
(a) Principal in the amount of $2,769.23;
(b) Interest through September 6, 2012 in the amount of $146.80;
(c) Interest from September 6, 2012 in the amount of 1.5% per month (18% per
annum);
(d) attorney's fees in the amount of $1,323.22 (33 1/3% of the principal balance of
$3,969.67 due when the account was referred to undersigned counsel); and
(e) costs of this action ($103.75 filing fee; $34.00 service fee; and $16.50 default
judgment filing fee) totaling $154.25.
WHEREFORE, the Plaintiff requests that the judgment by default be entered in the
amounts as set forth above, totaling $4,393.50, plus 18% interest on the principal balance of
$2,769.23 from September 6, 2012 until the date of judgment.
a~,} s (~D . ~ ~ A
1 ~~ `ply ~ 39760
I ~~gag~,
~lnht~ V~~n~P~
_- -.
Respectfully submitted,
SILVE EOLOGOU, LLP
Gary S ilverman
11200 ockville Pike
Suite 300
N. Bethesda, Maryland 20852
(301) 468-4990
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ~ day of ~vV~,,b~, 2012, a copy of the
Praecipe to Enter Judgment by Default was sent via first class mail to:
Seth B. Hughes
14 Cardinal Drive
Carlisle, PA 17015-4309
2
39760
- ,
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY, PENNSYLVANIA
KOHL ROOFING & SIDING CO.
t/a KOHL BUILDING PRODUCTS INC.
Plaintiff,
v.
Civil No: 12-3845
SETH B. HUGHES
Defendant.
Notice of Praeciue to Enter Judsment by Default
To: Seth B. Hughes
Date of Notice : August ~, 2012
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN 10 DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN
GET LEGAL HELP:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800) 990 - 9108
(717) 249 - 3166
1 39760
_ _ _ _ ___ __ __ __ I
,.
.`
Respectfully submitted,
SILVERMAN THEOLOGOU, LLP
Gary S. Silverman #44089
11200 Rockville Pike, Suite 300
North Bethesda, Maryland 20852
(301) 468-4990
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ~~ day of August, 2012, a copy of the Notice of
Praecipe to Enter Judgment by Default was mailed via certified mail and first class mail to:
Seth B. Hughes
14 Cardinal Drive
Carlisle, PA 17015-4309
2 39760