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HomeMy WebLinkAbout05-1872 " Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - In~CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (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 Plaintiffs. 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3166 F:\FILES\DATAflLEIGeneral\CurrentII1525.1-com ~ Created: >128105 5:39PM Revised, 4/1]/05 2:53PM Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - IP7~CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW COMPLAINT I. Exit 12 Supply, Inc. ("Exit 12"), is a Pennsylvania corporation which has ,inegistered address at 1515 Commerce Avenue, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Exit 12 is engaged in the business of supplying drywall and other materials for construction projects. 3. Defendant GRC General Contractor, Inc. ("GRC"), is a Pennsylvania corporation with a registered address at 3289 WaynecastIe Road, Box 216, ZulIinger, Pennsylvania, 17+72. 4. Defendant Shawn Monn, d/b/a Inline Construction ("Inline Construction") has a registered address at I I 082 South Mountain Road, Fayetteville, Pennsylvania, 17222. 5. GRC was the general contractor for a construction project at the Federal Express Building in Hagerstown, Maryland. 6. Defendants hired Exit 12 to supply drywall to the construction project site in Hagerstown, Maryland. 7. At the request of Defendants, Exit 12 delivered drywall and building materials to the construction project, at a value of $14,333.39, for which it has not received payment. 8. Pursuant to the Uniform Commercial Code, a contract existed between the parties. COUNT 1- BREACH OF CONTRACT 9. Paragraphs 1 through 8 are hereby incorporated by reference. 10. GRC was hired as the general contractor for the Hagerstown Federal Express building project. I 1. Inline Construetion received drywall materials from Exit 12 and installed them in the Hagerstown Federal Express building projeet. 12. GRC was paid for the work completed on the Federal Express building. 13. GRC paid Inline Construction for the drywall installation work it completed at the site. 14. Exit 12 was never paid for the drywall materials it provided to Defendants. 15. The reasonable value of the aforesaid materials is $14,333.39. WHEREFORE, Plaintiff, Exit 12 Supply, Inc. demands judgment against Defendants GRC General Contractor, Inc. and Shawn Monn d/b/a Inline Construction in the amount of$14,333.39, plus interest and costs. COUNT 11- UNJUST ENRICHMENT 16. Paragraphs 1 through 15 are hereby incorporated by reference. 17. Exit 12 delivered materials for the construction project and thereby became due and owing from Defendants the sum of$14,333.39, plus interest. 18. Defendants received the benefit of and accepted the materials that were permanently installed into the project with a value of$14,333.39, for which Defendants then failed and refused to pay to Exit 12. 19. Although Exit 12 has repeatedly demanded payment from Defendants ofthe amount that is due, the Defendants have failed and refused and still refuse to pay any or all of said amount that is due. 20. Exit 12 reasonably expected Defendants to submit payment for the materials that were necessary for the construction ofthe Federal Express building project in Hagerstown, Maryland. 21. Defendants have been unjustly enriched in that they have received the aforesaid materials from Exit 12 but has failed to pay for them. 22. The reasonable value of the aforesaid materials is $14,333.39. WHEREFORE, Plaintiff, Exit 12 Supply, Inc. demands judgment against Defendants GRC General Contractor, Inc. and Shawn Monn d/b/a Inline Construction, in the amount of$14,333.39, plus interest and costs. MARTS ON DEARDORFF WILLAMS & OTTO By: [IIary A. Dean, Es re Attorney I.D. No. 9 878 Carl C. Risch, Esquire Attorney LD. No. 75901 10 East High Street Carlisle, P A 17013 (717) 243-4311 Attorneys for Plaintiff ~ VERIFICATION I, Ray E. Griffie, President, Exit 12 Supply, Inc., acknowledge I have the authority to execute this Verification on behalf of Exit 12 Supply, Inc. and certify the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language ofthis Complaint is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, infomlation and belief. To the extent the content of the Complaint 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. S 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. EXIT 12 SUPPLY, INC. ~ ~~~ A.J 0 ~ ~ rt . Ir--t. .l::. G ~~ ~ \"- )0 ...} -tl ~ (") ~-" . ..-> g c;.t"J o ~n .J ~.';.)f.f~."~.. \CD. -:')\.._- ;.~)(~) v. ~~~.;\ -1'-, :::~ <~;\~A .r::- ., P'" .." ?J Q O~ ~ - ---- SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2005-01872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EXIT 12 SUPPLY INC VS GRC GENERAL CONTRACTOR INC ETA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: GRC CENERAL CONTRACTOR INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 11th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge Dep Franklin Co Postage 18.00 9.00 10.00 69.20 .37 106.57 05/11/2005 MDW&O So answ~er13_:_-' ". / ,./ ~~~~~= R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this ..tV d ~ 11- ay of I ;{.,<-rJ0 A.D. Q'j4' (;, h"oo... ~ Prothonotaty SHERIFF'S RETURN - OUT OF COUNTY . CASE NO: 2005-01872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EXIT 12 SUPPLY INC VS GRC GENERAL CONTRACTOR INC ETA R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MONN SHAWN D/B/A INLINE CONSTRUCTION but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On May 11th , 2005 , this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 05/11/2005 MDW &0 So answers", /~ ) <'~:"~.,:_, ~;,~~,'?' 4 ~.~~;;/ R. Thomas Kline' <- Sheriff of Cumberland County Sworn and subscribed to before me this /~~ day of ~ ~1'1J6 A.D. C )<rprQ~o/J;t!~:~ ' , 1~ . In The Court of Common Pleas of Cumberland County, Pennsy1vanE rPS-1t.;> ( ~~ Exit12~~ly Inc GRC General Contractor Inc et al SERVE; ORC CORor31 rQr,j'r6'cter Iflc Sho.wn M.""" No. 05-1872 civil Now, April 12, 2005 , !, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Franklin County to exeeute this Writ, this deputation being made at the request and risk of the Plaintiff. .......,J ./A' ~~_. . ",Yr;.,/. ~ ,,,~~4d!.. /.. J0~~~ 1f'J' ~"'.~,-----. Sheriff of Cumberland County, PA Affidavit of Service Now, //;>>1- . ~q , 2()O5" , at/b.' c,3 o'clock /l M. served the withinC~6?';V7" c.' /v--o/,: /Je?/C/d_ R4F-t"L/~ c'cr:/P-"Y' C'CJCt'/t'? ,.u; JC'DS'- 7"~T upon 77A//I/1,)fOj/~~,w:.c:c ()/' ..s,:::;}'A:V,.v- ~~,t..) at //082 ;:leu/#, fta/...t-.7?1/A/ /fbAq I71Y~nc:..0 a /722z... by handing to 774//4 .....! NOt/.4/' ( c:..wre- or S//,4v.4/' /"/o/V~) C/F/L /lC.770A/ Cu..<1.&9'P? copy of the original 77F'C/c a and made known to 77/:/4 ~f ~o,.wl/ the contents thereof. So answers, ~."t'~r,. . C.u.~~, SwornYnd subscribed before me this ~ day of ~ ~ ~G!~~:--' .tJb7'V?y Sheriff of r-.-r'./1P",,((.c /A/ County, PAl 7 LJ/ p~ 6<:/5. A1~/otX COSTS SERVICE $ , 20 ~ MILEAGE AFFIDAVIT Nl'JtariaJ~ R;chard D, M<C.wry. Ndory Mm Cb""'~Boro. f'-"~ My Commission Expires Jan_ 29.2007 Cq.w $ In The Court of Common Pleas of Cumberland County, Pennsylvania l~' 7(~ i- 7t {L.,lj(l.i~.<- Exit 12 Supply Inc VS".~ SERVE: GRC General Contractor Inc et al ~J.-1Ihnn d/b/rl T'Vlifle-constnIcl.i.on . No. 05-1872 civil Now, April 12, 2005 , I, SHERlFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sherif[ of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. // -~~' ,~. ~..> ~" .//,0 ", ,.,.... . ,""....' - ~~' --0 . . ~~.;?~.::d.<~ _"".' ,:.;...:~.~ ,.-;. ~ c' .~.._... __' , Sheriff of Cumberland County, PA Affidavit of Service Now,.b/L. /8 ,20<05, at.il>-J'l o'clockLM. served the within CO,..v1/'?,1/-t.-I c!./w<:.. /!lc7/ort/. cc;x/,IfT.AA-J, ,;)co.s--- 7C /- upon G;f~ G-F,f/L:-"7PI1L c...~Ofl/7J{'qC:7L>/f' ~. at 6.-287 ~?2.-f~J /L& .lP0f1~ .::z-c/LL~*Ge:X; I/l /72 ?' Z )1 ~/1~T()p (Sk/PF..-r-~7) c G~~r.::::/7'//<-- T a 7...-f"t/...s- copy of the original~. ~c;)q5--76/- I/<E:L<..yftPF /1-1. 6~H77?J~ and made known to (S(?""C! IPFT>9 .-fy) II ""'" 0._ "'. So '"'w,,<. 3289WaynecastleRd' Box 216 f"'7 "./~/ r. Zullinger, Pennsylvania 17272 ~ ~ 717-762-1116 . Fax: 717.762-6582 by handing to j}ELUfES the contents thereof. . INDUSTIUAL . DESIGN BUR.O 'INSmunONAL . COMMERCIAL CONSTRUCTION . CONSTRUCTION MANAQEMENT~ . ('ptuA, . "6 PA , Lc .4, t>"d. j"'O,. .- Sworn and subsd'ibed before me this ~ day of 4pJ ~ ~~ J}<!"RJ' rYSheriffof /='/r'~4/,K'::'r.~ ,t:J ~/'U7' '7 S- /-t01f1 FF' c; c/r COSTS SERVICE MILEAGE /\FFIDA VIT County. PA 4L~XluLf $ }olotarialseaJ P\1blic:. Richard D. McCartY. ~ County ChambersburS BOlO..Fran 9 "00'7 My Commission Expne5 Jan. 2 ,-- $ &1- j,cJ .-'-- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXIT 12 SUPPLY, INC., Civil Action - Law Plaintiff v. No. 05-1872 Civil Term GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants Hon. NOTICE TO PLEAD TO: Exit 12 Supply, Inc., Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereofor a judgment may be entered against you. Respectfully submitted, Date: H{)../IB/d..OOS W. Frey, Esquire Attorney for GRC er Contractor, Ine. Dick, Stein & Sch , LP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762-1160 Pa. BarNo. 45450 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EXIT 12 SUPPLY, INC., Civil Action - Law Plaintiff v. No. 05-1872 Civil Term GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants Hon. ANSWER OF DEFENDANT GRC GENERAL CONTRACTOR, INC. TO PLAINTIFF'S COMPLAINT COMES NOW Defendant GRC General Contractor, Inc. (hereinafter referred to as "GRC"), by and through its undersigned attorney, and for its Answer to Plaintiff's Complaint in the above captioned matter states to the Court as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. The averments contained in Paragraph 5 of the Plaintiff's Complaint are denied. On the contrary, Gilbane Building Company was the general contractor for the construction project at the Federal Express building in Hagerstown, Maryland. GRC was a subcontractor of Gilbane Building Company on said project. 6. The averments contained in Paragraph 6 of the Plaintiff's Complaint are denied as to GRC. GRC did not hire Plaintiff to supply drywall or any other materials to the construction - project site. Any negotiations or agreements with Plaintiffto supply drywall or other materials to the project site was done solely by Defendant Inline Construction (hereinafter referred to as "Inline") and not by GRC. 7. The averments contained in Paragraph 7 of the Plaintiffs Complaint are denied as to GRC. On the contrary, GRC did not request Plaintiff to deliver drywall or any other building materials to the construction project site. On information and belief, Plaintiff has received some payment from Inline Construction for at least some of the materials delivered to the project site. The said averments in the Complaint are therefore denied, and strict proof thereof is demanded at trial. 8. The averments contained in Paragraph 8 of the Plaintiffs Complain constitute conclusions of law to which no response is required. To the extent that those averments do not constitute conclusions oflaw, they are denied as to GRC. On the contrary, GRC had absolutely no communications with Plaintiff regarding the delivery of drywall and other building materials for the project, and no contract was therefore possible between GRC and Plaintiff. COUNT I - BREACH OF CONTRACT 9. Defendant GRC hereby incorporates Paragraphs I through 8 of its Answer to either admit or deny the averments contained herein. 10. The averments contained in Paragraph 10 of the Plaintiffs Complaint are denied. On the contrary, Gilbane Building Company was the general contractor for the Hagerstown Federal Express building project. GRC was hired as a subcontractor by Gilbane Building Company on the project. -2- I I. GRC is without information sufficient to form i belief as to the truth of the averments contained in Paragraph I I of the Plaintiffs Complaint. Said averments are therefore denied, and strict proof thereof is demanded at trial. 12. The averments contained in Paragraph 12 of the Plaintiffs Complaint are admitted in part and denied in part. GRC has been paid for some of the work performed by GRC and its subcontractors on the Federal Express building, but it has not been paid in full for its work on said project. 13. The averments contained in Paragraph 13 of the Plaintiffs Complaint are admitted in part and denied in part. It is admitted that GRC paid Inline for a portion of the drywall installation work performed by Inline. However, it is denied that GRC has paid Inline in full for the drywall installation work performed by Inline. 14. The averments contained in Paragraph 14 of the Plaintiffs Complaint are denied, It is specifically denied that Plaintiff provided any drywall materials to GRC. GRC is without information sufficient to form a belief as to whether Inline paid Plaintiff for any drywall materials Plaintiff provided to Inline. Said averment is therefore denied, and strict proof thereof is demanded at trial. 15. GRC is without information sufficient to determine the reasonable value of any materials that may have been provided by Plaintiff to Inline. The alleged value of such materials is therefore denied, and strict proof thereof is demanded at trial. WHEREFORE, Defendant GRC General Contractor, Inc. respectfully requests that judgment be entered in its favor and against Plaintiff on Count I of the Complaint. -3- - COUNT II - UNJUST ENRICHMENT 16. Defendant GRC hereby incorporates Paragraphs I through IS of its Answer to either admit or deny the averments contained herein. 17. The averments contained in Paragraph 17 of the Plaintiffs Complaint are denied. GRC did not contract with Plaintiff for the delivery of any materials for the construction project, and it is therefore denied that any sum is due and owing from GRC for any materials that may have been delivered. GRC is without information sufficient to determine the value of any materials that may have been delivered to the project. The allegation concerning the value of said materials is therefore denied, and strict proof thereof is demanded at trial. 18. The averments contained in Paragraph 18 of the Plaintiff's Complaint are admitted in part and denied in part. It is admitted that GRC has refused to pay any sum to Plaintiff. However, to the extent that the averments in Paragraph 18 imply that GRC has any obligation to pay any sum to Plaintiff, they are denied. On the contrary, GRC has and had no contractual relationship with Plaintiff, and therefore has no obligation to pay Plaintiff any amount. GRC is without information sufficient to form a belief as to the remaining averments contained in Paragraph 18. Said averments are therefore denied, and strict proof thereof is demanded at trial. 19. The averments contained in Paragraph 19 of the Plaintiffs Complaint are admitted in part and denied in part. It is admitted that Plaintiff has demanded payment from GRC, and that GRC has refused to pay any sum to Plaintiff. However, to the extent said averments imply that GRC has any legal obligation to pay any sum to Plaintiff, the same are denied. Furthermore, GRC is without information sufficient to determine whether Inline has failed and refused to pay -4- any amount to Plaintiff. The averments in Paragraph 19 relating to Inline's refusal and failure to pay are therefore denied, and strict proof thereof is demanded at trial. 20. The averments contained in Paragraph 20 of the Plaintiffs Complaint are denied. GRC is without any information concerning what Plaintiffs expectations were concerning payment for any materials it supplied for the Federal Express building project. The averments concerning the same are therefore denied, and strict proof thereof is demanded at trial. Furthermore, since no contractual relationship existed between GRC and Plaintiff for the delivery of materials to the project, Plaintiff could not have reasonably expected GRC to pay for any materials Plaintiff delivered to the project. 21. The averments contained in Paragraph 21 of the Plaintiffs Complaint are denied as to Defendant GRC. GRC did not receive any materials from Plaintiff, nor has GRC been unjustly enriched by any materials that Plaintiff may have supplied to Inline. 22. GRC is without information sufficient to form a belief as to the value of any materials that Plaintiff may have supplied to the project. The averments contained in Paragraph 22 of the Plaintiff s Complaint are therefore denied, and strict proof thereof is demanded at trial. WHEREFORE, Defendant GRC General Contractor, Inc. respectfully requests that judgment be entered in its favor and against Plaintiff on Count II of the Complaint. NEW MATTER 23. Defendant GRC hereby incorporates Paragraphs I through 22 above as if fully set forth herein. -5- 24. GRC never ordered any materials for the construction of the Federal Express building project in Hagerstown, Maryland from Plaintiff. 25. Any materials for said project that were ordered from Plaintiff were ordered by Inline. 26. No contractual relationship existed between GRC and Plaintiff relating to the supply of materials for said project. 27. Any sum that may be due Plaintiff for materials it supplied for the aforementioned project is due solely from Inline. Date: f1o..y IgJ'~bQ~ Jo . Frey, uire tomey for GRC G ick, Stein & Sch me LP 13 West Main Street, Suite 210 Waynesboro, Pennsylvania 17268 (717) 762- 1160 Pa. Bar No. 45450 VERIFICATION I verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S., Section 4904, relating to unsworn falsification to authorities. GRC Genera Date: s/-?J BY: -6- PROOF OF SERVICE I HEREBY VERIFY that I have served the foregoing document upon counsel ofrecord by depositing one (I) true and correct copy thereof in the United States Mail, postage prepaid, addressed as follows: Hillary A. Dean, Esquire Carl C. Risch, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PAl 7013 Date: /10.1 /'8/ ;J.(J()S -7- ~-~~~--".~~- n ~ ....._--~- ~- CO) f~; ( :J '1'1 .-.t ;--,"\ ~_:..) ,-".j ,.., c F:\fILES\DATAFILEIGeneral\CulTent\11525,I.ans,nm Created: 3!2l!IG5 5',39PM Revised: 6/6/05 2:12PM Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire AttorneyLD. No. 75901 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 -1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW PLAINTIFF'S ANSWER TO DEFENDANT GRC GENERAL CONTRACTOR. INC.'S NEW MATTER 23. Paragraphs 1 through 22 are hereby incorporated as more fully set forth herein. 24. Denied. GRC, by and through its agent and subcontractor, Shawn Monn d/b/a Inline Construction, ordered the material. 25. Denied. GRC, by and through its agent and subcontractor, Shawn Monn d/b/a Inline Construction, ordered the material. 26. Denied. Paragraph 26 is a conclusion oflaw to which no response is required. 27. Denied. Paragraph 27 is a conclusion oflaw to which no response is required. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By:iiM~ 0, Illilu iIlary A. Dean, sqUIre Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 10 East High Street Carlisle, P A 17013 (717) 243-4311 Attorneys for Plaintiff - VERIFICATION I, Ray E. Griffie, President, Exit 12 Supply, Inc., acknowledge I have the authority to execute this Verification on behalf of Exit 12 Supply, Inc. and certify the foregoing Answer to New Matter is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of this Answer is that of counsel and not my own. I have read the document and to the extent the Answer 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 the content of the Answer to New Matter 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. 94904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. EXIT 12 SUPPLY, INC. Gi:~~ .~ CERTIFICATE OF SERVICE I, Hillary A. Dean, Esquire, of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer to New Matter was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: John W. Frey, Esquire DICK, STEIN & SCHEMEL, LLP 13 West Main Street, Suite 2 I 0 Waynesboro, PAl 7268 MARTSON DEARDORFF WILLIAMS & OTTO BY:~~ OJ)OJv dIary A. Dean, Eire 10 East High Street Carlisle, P A 17013 (717) 243-3341 Dated: e/7 I 0 S- 0 ,..., ~ = c = ;;2"" """ -Oi~;" '- ~~ n; c::: Z. .. ~ z =Bon , .. I -,0 ()J --J ub -< ~:i."' :3 -0 ..... ".. i=--ri t.~ :;J: ,4(") 6 (Srn ;:--\ :z p 0 :p N .-< Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05 - 1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW TO: SHAWN MONN, d/b/a INLINE COSTRUCTlON, DEFENDANT NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the -.d2rfay of lk. , 2005, the following Judgment was entered against you in the above-captioned action: judgment in the amount of $14,333.39, plus interests, attorney's fees, and costs of suit as prayed for in the Complaint for failure to file an Answer to Plaintiffs Complaint. Date: I ~ ():{ :llJ5 j " I hereby certify that the name and last known address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Shawn Monn d/b/a Inline Construction 11082 South Mountain Road Fayetteville, P A 17222 F:\F1LES\DATAFlLElGeneral\Currentl] 1525.I-prae Created: &20105 2{lgPM Revised: 6/21/05 1 1:32AM Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Riseh, Esquire Attorney LD. No. 75901 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW PRAECIPE TO THE CUMBERLAND COUNTY PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Shawn Monn, d/b/a Inline Construetion, in the amount of$14,333.39, plus interest and costs of suit, as prayed for in the Complaint for failure to file an answer to Plaintiffs Complaint. I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to the Defendant at the address indicated thereon, on June 7, 2005, which date was subsequent to the date default occurred and at least (10) days prior to the date of the Praecipe. MARTS ON DEARDORFF WILLIAMS & OTTO B~&J&1!J9j) flj( ) Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 21,2005 Attorneys for Plaintiff Hillary A. Dean, Esquire Attorney I.D. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANLA v. : NO. 05 - 1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLlNE CONSTRUCTION, Defendants : CIVIL ACTION - LAW IMPORTANT NOTICE TO: SHAWN MONN, d/b/a INLINE CONSTRUCTION DATE OF NOTICE: June 7, 2005 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITTEN WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (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 PAPER TO YOUR LA WYERA T 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 170 I 3 Te1ephone:(717) 249-3166 MARTS ON DEARDORFF WILLIAMS & OTTO Bri:!:f1!!: V,.q]lOll ) Attorney I, D, No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 0 c ~ -- ~ A (:J ~ 1':" ~ t!:::: ~ ~ ~ ~ ~ "'- p ~ t::" ~ ~ :J %- -c: '"--C ~ 0 ,...> co> (..:;:-) "-" ,.. c:-: :;J,': c c /-: .-1 -<. o -n ..... :r:~; fl1F om ::;0 ~ '::~1~~ ~:~~ ~~ (51~ ___I ,..,~ "':0 (....) =-< '"1J 3,: 1';:' &"" Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire AttorneyI.D. No. 75901 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW AFFIDAVIT AS TO MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) Hillary A. Dean, Esquire, being duly sworn according to law, deposes and says that she has authority to make this affidavit on behalf of her client, and to the best of her knowledge, information and belief, the Defendant (or business owner if Defendant is a business) is not in the military service of the United States of America, that he has knowledge that the said Defendant's last known address is: 11082 South Mountain Road, Fayetteville, PA 17222. If Defendant is an individual, said Defendant's plaee of employment is unknown. ~ j l.o.Jlu () D CLA-.J ~"'Y A. Dom{,Jo, Sworn to and subscribed before me this"J/ Sl'- f fa,<-L ,2005. It vfli!d", Notary Public N01ARIAl SEAL 'fICTORlA L OTTO NOTARY PUBLIC CARLISLE BORO" Ci/MBERlAND ~COUNTY MY COMMISS!O. EXPIRES DEe 7 2006 Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05 - 1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW COMMONWEALTHOFPENNSYLVANIA ) : SS COUNTY OF CUMBERLAND ) Hillary A. Dean, Esquire, being duly sworn according to law, deposes and says that she is an employee of MAR TSON, DEARDORFF, WILLIAMS & OTTO, attorneys for the Plaintiff( s) in the above captioned matter and that pursuant to the provisions of the Pennsylvania Rules of Civil Procedure, a notice of intention to enter default judgment against the Defendant was given to him by mail on June 21, 2005. Sworn to and subscribed before TthiS ~ dayof{/U"I"'G o I{ kV-~e/?;7tt;- Notary Public ,2005. NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PUBLIC CARliSLE BORO" CUMBERlANO COUNTY MY COMMISSIO. EXPIRES DEC, 2 2006 CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Shawn Monn d/b/a Inline Construetion I 1082 South Mountain Road Fayetteville, P A 17222 MARTSON DEARDORFF WILLIAMS & OTTO By Mary 10 Ea igh Street Carlisle, PA 17013 (717) 243-3341 Dated: June 21,2005 (') r--' ~ = C' c:."'> <-" .- '- ~ c::-: -n 11.1 S:~ "'.~ - -0 rv ~:) C) rv ~ \ () ''':'., -:J r") (.:j , _._~ ;5, ,n c;-. N c.:; .,:::':. c~) .A' -::::. J:. .-z F:\FILES\DAT AFlLE\GeneralICurrent\l J 525_ J-prae Created 6/20/052:08PM Revised 8/16/059:40AM Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA EXIT 12 SUPPLY, INC., Plaintiff v. : NO. 05 - 1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the judgment in the above matter satisfied and issue a certificate reflecting the same. MARTS ON DEARDORFF WILLIAMS & OTTO d~lj j)1ID-J Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 16, 2005 Attorneys for Plaintiff cc: Donald L. Kornfield, Esquire John W, Frey, Esquire Sheriff, Franklin County -J\:",:< 1:1;.1' '::> U; ,: ~-"', " {<....~.. :..;-:~ ~ ~ ~ U' ~ G> - 0" ;7': '.;$- '8 .' o o <;;?, ~~ -0 \:? '5.0 \~(" ':;'\:.4) '~--:> \:,(J'~ ?~ "" ~ "'" F:\FILES\DATAFILE\GeneraI\Current\1 1525. l-prae Created: 6/20/05 2:08PM Revised: 8/18/05 8:16AM Hillary A. Dean, Esquire Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney LD. No. 75901 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXIT 12 SUPPLY, INC., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 1872 CIVIL TERM GRC GENERAL CONTRACTOR, INC., and SHAWN MONN, d/b/a INLINE CONSTRUCTION, Defendants : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above matter settled and discontinued and issue a certificate reflecting the same. MARTS ON DEARDORFF WILLIAMS & OTTO ~!!~ OJ)OFI) Attorney LD. No. 92878 Carl C. Risch, Esquire Attorney I.D. No. 75901 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 18,2005 Attorneys for Plaintiff cc: Donald L. Kornfield, Esquire JoIm W. Frey, Esquire o ~~ '"c1:-~': q}; c';'.. ():! ""-' t;: ,.. ~f;:';:'," :j:,~ (~~~ ~ ~ ~ co") - -<. co Q. :t-n 11"\p' -0\14 ::rJ"'( 00 -::t.~~ "")--- .."~O :.-rn o -4 ~ E; -'"" '8 <J\ .;;-