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Home My WebLink About05-2459Larry L. Miller, Esquire Pa. Supreme Court I.D. No. 28122 1423 State Road Ouncannon, PA 17020 Telephone: [717] 957-2828 Attorney for Plaintiff: THE STROSER-HADDONFIELD GROUP, INC THE STROBER-HADDONFIELD IN THE COURT OF COMMON PLEAS GROUP, INC. CUMBERLAND COUNTY, PENNSYLVANIA 81 Kresson Road Cherry Hill, NJ 08034 CIVIL ACTION - LAW Plaintiff / V. DOCKET NO. Caledonia Construction 1845 Market Street, Ste 202 Camp Hill, PA 17011 Douglas L. Morrow 366 N. 28`h Street Camp Hill, PA 17011 David Liberator 271 Springview Road Carlisle, PA 17013 Defendants TO: PROTHONOTARY OF SAID COURT: Please issue Writs of Summons to the above-named Defendants and forward them to the Sheriff of Cumberland County for service. Date: May 10, 2005 By ------------ L r y Miller ? ??k. c- ?- W a o -? Larry L. Miller, Esquire Pa. Supreme Court I.D. No. 28122 1423 State Road Duncannon, PA 17020 Telephone: 17171 957-2828 Attorney for Plaintiff: THE STROBER-HADDONFIELD GROUP, INC THE STROBER-HADDONFIELD IN THE COURT OF COMMON PLEAS GROUP, INC. CUMBERLAND COUNTY, PENNSYLVANIA 81 Kresson Road Cherry Hill, NJ 08034 CIVIL ACTION - LAW Plaintiff /?y-- v. DOCKET NO. X59 L"t u.( L?/LHZ Caledonia Construction 1845 Market Street, Ste 202 Camp Hill, PA 17011 Douglas L. Morrow 366 N. 28th Street Camp Hill, PA 17011 David Liberator 271 Springview Road Carlisle, PA 17013 Defendants TO: Caledonia Construction Douglas L. Morrow 1845 Market Street, Suite 202 366 N. 28`h Street Camp Hill, PA 17011 Camp Hill, PA 17011 David Liberator 271 Springview Road Carlisle, PA 17013 You are hereby notified that Plaintiff has commenced an action against you. Date : 5/,a f as By: THE STROBER-HADDONFIELD GROUP, INC., 81 Kresson Road Cherry Hill, NJ 08034 Plaintiff V. Caledonia Construction 1845 Market Street, Suite 202 Camp Hill, PA 17011 Douglas L. Morrow 366 North 28th Street Camp Hill, PA 1701 t David Liberator 271 Springview Road Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2459 CIVIL TERM CIVIL ACTION-LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, David Liberator in the above- captioned matter. Respectfully submitted, RIEN, BARK & SCHE 1 L; David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigationAiberator/entryofappearance.pra CERTIFICATE OF SERVICE I hereby certify that on June 0 , 2005, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe For Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Larry L. Miller, Esquire Caledonia Construction 1423 State Road 1845 Market Street, Suite 202 Duncannon, Pennsylvania 17020 Camp Hill, Pennsylvania 17011 Douglas Morrow 366 North 28th Street Camp Hill, Pennsylvania 17011 David A. Baric, Esquire C7 <'? o cn OO t?_ ? r- ?.? ?o - p J _„ df3 ? 1 ?J?',. _? 4?.? ,r_ ?, ? r G? ? m ?> ?, `:a -C v ,? SHERIFF'S RETURN - REGULAR CASE NO: 2005-02459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STROBER-HADDONFIELD GROUP INC VS CALEDONIA CONSTRUCTION ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon CALEDONIA CONSTRUCTION the DEFENDANT , at 1606:00 HOURS, on the 1st day of June 2005 at 1845 MARKET STREET SUITE 202 CAMP HILL, PA 17011 by handing to TOM POLLAIRD, PROJECT MANAGER, ADULT IN CHARGE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this dloa day of a?os? A. D. Prothonotary So Answers: 06/13/2005 MILLER LAW OFFIC S By: IMe SHERIFF'S RETURN - REGULAR CASE NO: 2005-02459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STROBER-HADDONFIELD GROUP INC VS CALEDONIA CONSTRUCTION ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MORROW the DEFENDANT , at 1716:00 HOURS, on the loth day of June , 2005 at 2717 DICKINSON AVENUE CAMP HILL, PA 17011 by handing to DOUGLAS MORROW a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 27.10 Sworn and Subscribed to before me this l/al day of A. D. Prothonotary So Answers: R. Thomas Kline 06/13/2005 MILLER LAW OFFICE By: Deputy Sheri f SHERIFF'S RETURN - REGULAR CASE NO: 2005-02459 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STROBER-HADDONFIELD GROUP INC VS CALEDONIA CONSTRUCTION ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LIBERATOR DAVID the DEFENDANT , at 1920:00 HOURS, on the 5th day of June 2005 at 271 SPRINGVIEW RO AD CARLISLE, PA 17013 by handing to SHARON LIBERATOR, WI FE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service Affidavit 6.00 5.18 .00 Surcharge 10.00 R. Thomas Kline .00 21.15 06/13/2005 MILLER LAW OFFICES Sworn and Subscribed to before By: me this a/,k day of Deputy She Ziff ?OO.S A.D. i P othonotary SRECEIVED JUL 221005 Larry L. Miller, Esquire Pa. Supreme Court I.D. No. 28122 1423 State Road Duncannon, PA 17020 Telephone: [717] 957-2828 Attorney for Plaintiff: THE STROBER-HADDONFIELD GROUP, INC THE STROBER-HADDONFIELD IN THE COURT OF COMMON PLEAS GROUP, INC. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. DOCKET NO. 05-2459 Civil Term Caledonia Construction Douglas L. Morrow David Liberator Defendants This matter being opened to the Court by Larry Miller, attorney" for Plaintiff, and 1,avilig btcen consented to by Robert C. May, attorney for Defendant, Starnet Technologies, Inc. d/b/a Caledonia Construction, and for good cause shown: IT IS on this 2 S" day of , 2005: ORDERED that the Prothonotary enter judgment on the docket in favor of Plaintiff and against Defendant, Starnet asV M1 ??F, f Technologies, Inc. d/b/a Caledonia Construction, in the amount of $5,600.00. By: /Jr.-X, We hereby consent to the terms and form of the above By. jg?4(- By: Larry LC Miller Attorney for Plaintiff Robert C. May // Attorney for Defendant, Starnet Technologies, Inc. d/b/a Caledonia Construction I HEREBY AND CORI Larry L. Miller, Esquire Pa. Supreme Court Z.D. No. 28122 1423 State Road Duncannon, PA 17020 by: IFY THAT THIS IS A TRUE COPY OF THE ORIGINAL 7 IN THI TTER Telephone: [717] 957-2828 Attorney for Plaintiff: THE STROBER-HADDONFIELD GROUP, INC. THE STROBER-HADDONFIELD GROUP, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff V. DOCKET NO. 05-2459 Civil Term STARNET TECHNOLOGIES, INC. d/b/a Caledonia Construction Services, Douglas L. Morrow David Liberator Defendants 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 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. DATE Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 800.990.9108 August 3, 2005 By: LARR L. MILLER At.to ney I.D. #28122 Larry L. Miller, Esquire Pa. Supreme Court I.D. No. 28122 1423 State Road Duncannon, PA 17020 Telephone: (717] 957-2828 Attorney for Plaintiff: THE STROBER-HADDONFIELD GROUP, INC THE STROBER-HADDONFIELD GROUP, INC. Plaintiff V. STARNET TECHNOLOGIES, INC. d/b/a Caledonia Construction Services, Douglas L. Morrow David Liberator Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 05-2459 Civil Term COMPLAINT 1. Plaintiff, The Strober-Haddonfield Group, Inc. ("Strober"), is registered to do business in Pennsylvania and has a business address at 1414 Millard Street, Bethlehem, PA 18018. 2. Defendant, Starnet Technologies, Inc., is a Pennsylvania corporation that also does business as Caledonia Construction Services ("Caledonia"), with its registered business address listed with the Department of State as 1845 Market street, Suite 202, Camp Hill, PA 17011. 3. Defendant, Douglas L. Morrow ("Mr. Morrow"), is an adult individual and the President of Caledonia who resides at 2717 Dickinson Avenue, Camp Hill, PA 17011. 4. Defendant, David Liberator ("Mr. Liberator"), is an adult individual and the CFO of Caledonia who resides at 271 Springview Road, Carlisle, PA 17013. 5. Strober is engaged in the business of, inter alia, supplying building materials for use in the construction industry. 6. Caledonia is engaged in the construction business as a contractor. 7. From November of 2004 through January of 2005, Caledonia requested Strober to, inter alia, furnish materials to Caledonia for its use in its construction work on various projects. 8. At the special request of Caledonia, Strober sold and delivered to Caledonia goods and materials of the kinds and quantities ordered by Caledonia for use on the various projects. 9. Caledonia received and accepted the goods described in the above paragraph. 10. To date, full payment has not been received from Caledonia by Strober for the said goods and materials. 11. The sales price for the goods and materials delivered by Strober and accepted by Caledonia remaining unpaid is $5,310.59, plus service charges of 1% percent per month, and attorney's fees of 33 and 1/3 percent of the unpaid balance. True and correct copies of the unpaid invoices are collectively attached hereto as Exhibit "A" and incorporated herein by reference. 12. The prices charged by Strober are fair, reasonable, and the market prices for said goods and materials and they are the prices which Caledonia agreed and promised to pay to Strober. 2 13. Caledonia presently owes Strober the principal amount of $5,310.59. 14. The sales prices for the goods and materials became due and payable in full as indicated on the invoices that were delivered to Caledonia. 15. The sales of goods and materials identified above were subject to the terms and condition: of sale set forth on Strober's invoices which were delivered to Caledonia. 16. The terms and conditions of sale between Strober and Caledonia provided that a monthly service charge of 1% percent per month would be assessed on all past due items. 17. The terms and conditions of sale between Strober and Caledonia also provided that Caledonia agreed to pay all collection costs and attorney's fees equal to 33 1/3% of the unpaid balance. 18. Caledonia presently owes Strober the principal amount of $5,310.59, plus service charges of 1% percent per month or $496.24 through August 3, 2005, and attorney's fees of 33 and 1/3 percent of the unpaid balance of $1,933.67, for a total now due of $7,740.50. 19. Although Strober has repeatedly demanded payment from Caledonia of the amount that is due and owing, Caledonia has refused and still refuses to pay any or all of said amount that is due and owing. 20. Caledonia used all of the goods and materials and all of the goods and materials have been permanently installed. 3 21. On July 25, 2005, counsel for Plaintiff and Caledonia entered a Consent Order providing for the entry of judgment on the docket in favor of Plaintiff and against Defendant in the amount of $5,600.00. A true and correct copy of the July 25, 2005 Consent Order entered by the Honorable Kevin A. Hess is attached hereto as Exhibit "B" and it is incorporated herein by reference. COUNT I THE STROBER HADDONFIELD GROUP, INC. V. DOUGLAS L. MORROW 22. Paragraphs 1 through 21 of this Complaint are incorporated herein by reference as if set forth in full. 23. Mr. Morrow, in order to induce Strober to extend credit to Caledonia, executed a credit application containing a personal guarantee. A true and correct copy of the credit application containing the personal guarantee is attached hereto as Exhibit "C" and made a part hereof. 24. The guarantee executed by Mr. Morrow provides that he will be personally responsible for all indebtedness incurred for the purchase of materials supplied to Caledonia. 25. The guarantee was never revoked by written notice to Strober. 26. Caledonia owes Strober $5,310.59, plus service charges, costs of this suit, and attorney's fees for a total now due of $7,740.50. 4 27. In accordance with the terms and conditions of the personal guarantee, Mr. Morrow is personally liable for the indebtedness of Caledonia. WHEREFORE, The Strober-Haddonfield Group, Inc. prays for and demands judgment in its favor and against Defendant, Douglas L. Morrow, in the amount of $7,740.50, plus the costs of litigation and such other relief as this Honorable Court deems just and proper. COUNT 11 THE STROBER HADDONFIELD GROUP, INC. V. DAVID LIBERATOR 28. Paragraphs 1 through 27 of this Complaint are incorporated herein by reference as if set forth in full. 29. Mr. Liberator, in order to induce Strober to extend credit to Caledonia, executed a Personal Guarantee of an Account. A true and correct copy of the Personal Guarantee of an Account is attached hereto as Exhibit "D" and made a part hereof. 30. The guarantee executed by Mr. Liberator provides that he will be personally responsible for all indebtedness incurred for the purchase of materials supplied to Caledonia. 31. The guarantee was never revoked by written notice to Strober. 32. Caledonia owes Strober $5,310.59, plus service charges, costs of this suit, and attorney's fees for a total now due of $7,740.50. 5 I ?g38 0 r INC] I I 4. III gI: Z € W d? W a S N E anm ".5 7 ? Q? °a I- mz ?w m ?. r¢ Z? ¢O w? ¢3 8.x28 219111 Ad a 2 s as4 MIN Strober Building Supply 81 Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 SOLO TO'. CAIEDOMA CON TRVCRON SUP I INSMARKETS12HT CAMPHILLPAINHI `o 17 $e R R 7 w 3 . 3 S ? 3 F SOLOTO'. CMEOONIACON4IEVCNON WWI= IYBMARIlETm" CAMP HN. PA ImM Strober Building Supply INVOICE 143263 81 Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 .HPTO'. CUUMMERNCK UP KOKOMOT RNUILD Pape 1 ACCWMNO. WTE PVRCMA•E-R I--NO. 0F -RYRCPT. BLLESPEP. 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S4ESF£REO1 1ERLW CORI II/16/01 471047% nMl- 0 WNi11iY UM piWU T O DESCNIPOOI T.LLLY UM UMPRICE MpUM IM 45 6.S EA RA EA 1M10 4[410 4X510 I"RNAEIWALLLWLRR%10' T C RUHHER IO' 46GAVGE TNSNO Wn GAWE 46 .M 2wm 00.000 WF MIF MLE 525.00 110.00 =.W 1m.EO 111.50 4Y].W ME0. DISE FNEIIIII. LCCNJTV T00J P%% TA%IMJVNi TOTX ME0.IXMDISE NREIGIOMBC. LOCNLIN TAN% TO." TO1N ]45.W O.W IFNHSY e 40.71 566.E 1]65.10 a.W PENNSY &M 105.93 N171.32 CFRNCE CHWGE OF I.A .MORN SXt1LSE CNMGEO. ALL PAST DUE N4CWNB. NO NET SWTWUT PNIONA JVOION. NL RETURNS SUBJECT TO 15% HANDLING [NRGE .E C6 CNµGE UNI m%FERWMXSIUILpECWIWEOONKLPPSTMI£ACCWNR. NONETURNSVFINGITMORAUTHORWTNMI. NICRETURNSDU51ECTTOIS%HPNDUNGCNANGE. Strober Building Supply INVOICE 277796 87 Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 SERNCECH CEK1.5026P MMTNSNALLBECNMGEDONP PMTDUEACCOV265. NORMRNSWW UTPRIMMTNpf1I ON.ALLRMR SUWECTMISI DLINGCNMOE. INVOICE 2773% SHIPTO PENNSWXEDAPIS. PJWO PDDL DUMRNR ON L] HNRpWI1G PA .... INVOICE 278027 SHwm KENIRWCOOS AP] MRG PA ..... Shober Building Supply 81 Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 SWO TO: CAIEDOHUCOHSINCDDN SERVICES IMS MARKP1 CAMP HILL PA A T701 IT01I Shober Building Supply INVOICE 164082 81 Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 SHIPTO CUSTOM INTURN RFF INVS 27=7 PD,B1 -c-N, W. COIN pgTE D1/pyOS WRCNPSEON.. 1X001[5 NO 161052% UFUWNV REM I-,-- SNESPERSON - TERM DVAMItt VN PROWCTIO. OEEG ". TN1V ON LM PRICE AWYINT -f0 FA 1500!10 1.9NAMWNI VHFR2%10' -12!0.00 MSi 526,00 dSp,EO -31 EA 2HSI0 YHSNDI0'25GAUGE .200A00 MIF SHAD -106.[0 SWDTO: CAIFDONIA CONSIRUCIMIH SERVICES 1W NWI KETSINEET C0kMPHILLPA17011 PaDP I ACCOUMNO. DATE FORCIIgBE UNDER MVACE RE, DD,MY RCPT. 11111 86lESFEDSON TERNS COO 120HMA III D41125 22986)% 2PI557.00 OUAYDTV. UM PRDDUCf ID. DEBCRIFDCN TALLY ON UN PRICE MgIMT 1 EA I2M 1/YREGGYMU I9D6X 5' U.= SEE 2M.N 7A LERCHAXOIBE iREIryRMSC, LOCA TOX% TTFMgVXi TOTALL MERCXRXDISE NIENXiAXBC. LDCLLT' TAK% iA%NICUM TOTK ->SAW 0,00 PENNSY 6.qp W,DI -776.6E 7.66 O.W PENNSV 6.000 466 616 SERVICE CX ECF I.5 MR WNRI SXNL BE LXPRGED ON 011 PAST DUE MODUMS NO RETURNS VPMOM PRIOR pL111pgVATHW, ALL RETUONB WBIECT 115% HANDLING EXPAOE. Shober Building Supply 81 Kresson Rd Cherry Hill, NJ 08034 Tel (856)429-2130 Fax (856) 429-9048 SERVICE CHMOE OF 1,M PER NIXTII SHALL BE CHARGED ON ALL PAST WE ACCOUNTS. W RETURNSV OVT PRM AUTXgiWTNM'. ALL RET .BVBJECT TO IS%NA^Ai TN. CHARGE. Sdrober Building Supply INVOICE 279249 81 Kresson Rd Cherry Hill, INJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 BUILD 1: CAMOONIA CONSRUC1MlH SXIPTO: PICKUP 732.573.1658 PODUW D FLOOD Pagel ACCWMN]. UAIE PURCNPSECRCEII INYDCENO: OID.A. RCFI SLLESPERSON TERNG CON ImIN6 041151 279L9% 29155600 WAHTRY ON PRODUCT,., DESCPoPDCN TOL.V. UM UNI PRICE. gI.g11NT 2 PAIL UUNPUM UBG REDWI% PLUS 55 GAL% 2.0000 PAL 15.00 26110 5 EA 12810 1/Y REG GYMON BE 6 X 10' 206.000 WF mw AM 1 EA 12MIB IMBEGGYP5UM2D 6 X B' nm MSE 20.00 7,68 I EA 5BR08 5/C REG GYPSUM BD 6%B' "m BIG 26010 2168 .NCXM . FREIGHTAISC. LIX.LL' UIY T.% iA%pNWNf TUT01 09.56 OAO pENNSY 660. 5.% 9A72 SERVICE CH MO150% PER ApNR SHALL RE MXNCEO W ALL PAW WE ACCOUNTS. NO RETURNS tMHOUT PRIOR AUTHUNCATION y RETURNS SUB.CCT TO 15% HO RO CN W. E DTO: CMEOONWCONSIINCTOH SERVCES IMSMMMTS@SET CAMP Hlll PA IS011 Pa06I ACCOUNT COBI DATE I2701N1 PIIRGIMEORDER W-1125 tRVOICENOT ZFENNIX DELI 89155600 OUNi7DV ON MOWCTID CFSCRIPT. TALLY VM UNPRICE ANOIIM 1 I EA FA 12RID IWIM10 1MREGGYPNUMMAX 10' 6/6'FC GYP6UM B06X 10' M.ND 40.000 MY 406E mm 290.00 9.60 11.00 AERCX.1. FREI... LOCNUTY TP%% iOXgAgLNf TOTAL NO DOD M.My 6.0.0 1.27 =A7 SERIIICB CXMP£ OF I" MR W.1 EX L BE BE. ON 01L.P WE ACCWMS. WRETJM SWTMMrt PRIORPLTROPJOjKK ALLMTVRNBSUBIECTTOIE%XAYDUNGCNMOE. SHIPTO PICKUP EMERY FLOOD SHIPT¢ PICKUP EMERY FLOOD INVOICE 279247 INVOICE 279253 Strober Building Supply 81 Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 SOIDTO CAEEDOMACONBIRUCDON SFMCES 11,45"KFESIREFT CAI9NILLPAI70II Strober Building Supply INVOICE 279254 81 Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 SXIPTO. PICKUP SOLUMF CAIEDONIACONMM=N FAIIOLVI JOB SERVICES 145MAM(ETSINFET CAMP HIU. PA T7Dn NDP I ACCOUNT NO. EJt1B1 ORIE IR/w/w PURGN/SE ORDFA w-I IB55 IMgICEIq R]9RNX DFLhERYRCM R91ssiM &LLEFPER90X TERMS WµOTY UM' PRCpUCTIO DEXAIPOW TKU-Y W. UMPRICE IMCUM 1 EA SBPCOB LB•KOYPSUMBD4X B' 32.00D MF BOOM 9.38 INVOICE 279256 SNPTO: PICKUP Powum MOOD Pow l ACCOUMXO. CBI . 12ANXI RUNG, EONpER U-1131 INWICENT 2TP25Sx OmPaRV RCPT. "I554aD PERSON TERNER OUARTITY ON RKONICTLD. DEENUS J .1 UM VM PRILE NACVNT 4 QA SMCIO Wr FCGYPSUMBD4X17 160." KRF 390.00 ddA[ MENCHANMSE FROGITTU SC. LOC. 1 Tµ MIg1M TOTH NERCIIµ015E FREIGNTM91 . LOCLLT' TA%% TA%OfpVM TMN 920 O.DO PENNSY 6200) O." 9.84 46.40 O.N PENNEY 6.00) 175 49.18 SERNLE LMMOEOF 159%PER MDMX SXNLOE CIiµGEp CN A1L PAST WE PLCGMFb. NO RETURNS VAMOUT PRIOR AUTFORWTION HL RETIT. SUBJECT TO IS%XPNOLIN. LHNM1 Strober Building Supply 8/ Kresson Rd Cherry Hill, NJ 08034 Tel (856) 429-2130 Fax (856) 429-9048 .TO CAIEDONU CONSIRUCDONI SEJA CFS INS MMKP IRFET CAMP NILL PA A IMII SEN ECH AW OF 1,M PER KNTX SXNL DE CHOROED ONN PAST DUE ACCOUNTS. NO RETURNS WTNOUFT PRIOR XOTHORWT UN, ALL RETURNS SUBJECT TO I5%HMDLNO CHARQE. Strober Building Supply INVOICE 279285 81 Kresson Ad Cherry Hill, NJ 08034 Tel (856) 4219-2130 Fax (856) 429-9048 SHIPM PICKUP B£NNSWOOD ANS SCUTTO: CAIEDONM.CONSIRUCDON BENICES IWMAQKETSMEPT CHAP NILL PA 17011 P9p91 ALWUNT NO. CUNT DATE ILwgd RINpASE ORDER 04,11542 154010E NO. 3]9305% MLWRV RCPT 8915]]-00 WEEPERION TE. W.WIRY UN PRODUCTID. OESCETON TNlY UM UMRIICF MF]UM 14 4 EA EA MI IK16 1RI9KI6 02" 3"%IY KNIT QII 1)0.6]5 075562Y%WKMR1985.555 3509,544 341.520 M6F NEW y5,p3 41354 ySJp 141M MERCHµpIEE iREIG11iMSC: LCC.Wry iµ%. TA\PAgUM TOTK TJ].w OA0 9ENNSY 6.OW 45.63 ]70.F6 SERVICE CRAAGE OF 1 WK PER MOMX S. BE CNPADIDON AU FAST DUE A=OUNR NO RETURNSM FXT PRIOR NTTURN.TIW. ALLRENRNSSUBJECTTOIS%HANOIINGCHNR "I MFWMNO WTC- PURCIUSE DRUM INVOKE NO. DELNERY RCPT SALESPERSON TERNS OUR 13/0]/01 041131 2]9069% 291757-00 GJANTFIY UM PRODLICIID DESOMP"ON TAELY WI VMPRICE AMJIkR 2 4 FA EA SBFCw 12M S/6'KOYPSUM SD4 X r In' REG GYPSUM 604% 6' 64.00) 126-00) MSF NEW 270.00 MAID 1].93 30.72 O'Do PENNEY &00) 2.92 51.56 INVOICE 279389 SUPTO PICKUP POLUMD FLOOD Stiober Building Supply INVOICE 81 Krosson Rd 280012 Cherry Hill, NJ 08034 Tel (856) 429-2130 Fox (856) 429-9048 WWTO'. CMFDONIACGNSM1 R SNIFTO: CUMMERMCKUP SEWICES EMERY FLOOD 1WRWRKETSIRFET .. ..... C"P HILL PA I]011 PoWI .NT Iq MTE NRP10.4E OROEA MYgC DEU?RCPT. SOIFSGE. TERMS C061 IWIG U 11616 2=12X R9 7-W W TlR UM PRGg14TID. OESCyP110H TN1Y UM' UM. LNOIIM 2 EA 12RI0 I/T'REGGYPWMED6X IV W.= WF ma 19.X1 LIERCXPIIOI% ERMGXTMISG LOGLLm T" T. .NT TOT.LL 1930 D.W PENNSY 6.OW 1.15 9D,S5 SERNCECN.C IRAPEA.TN.. NORENRNSWTI PRIORMPXONlATIIXI. NIR RNSSMCTtt15%NFNOLINGCXPRGE. RECEIVED JUL 222005 Larry L. Miller, Esquire Pa. Supreme Court I.D. No. 28122 1423 State Road Duncannon, PA 17020 Telephone: (717] 957-2828 Attorney for Plaintiff: THE STROBER-HADDONFIELD GROUP, INC THE STROBER-HADDONFIELD GROUP, INC. Plaintiff V. Caledonia Construction Douglas L. Morrow David Liberator Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DOCKET NO. 05-2459 Civil Term This matter being opened to the Court by Larry Miller, attorney for Plaintiff, and having been consented to by Robert C. May, attorney for Defendant, Starnet Technologies, Inc. d/b/a Caledonia Construction, and for good cause shown: IT IS on this d.5 day of 2005: ORDERED that the Prothonotary enter judgment on the docket in favor of Plaintiff and against Defendant, Starnet EXHIBIT B Technologies, Inc. d/b/a Caledonia Construction, in the amount of $5,600.00. By : / / txw 0. /11./s We hereby consent to the terms and form of the above 7 f ? n By: Larry L Miller Attorney for Plaintiff By: "tld-c- Dert C. May Attorney for Defendant, Starnet Inc. d/b/a Construction E ?•.:?';;.;?`i-'r 7 rE?iVZ tic ??'`?U In "fa?fk;u k aa,w ? rl; s t*14- unto sett my hand and its ??- 1 at saki al ca*jr, AL rral? _,I?y ?? Technologies, Caledonia MAR-21-2005(MON) 09:03 STROBER BUILDING SUPPLY (FAX)610 252 6dO8 P. 002/003 Strober Building Supply Ce:nt?rs, Inc. Name of Account 4.1,411M I'd ?IVLV)6?1 -I'elephonne 717/-??F.# L-,x- /-0750 Address/ -C ft j4-z4 ST -',,- z4 a City ? V" State%6-Zip /70 Cheek One:____Corporation _ Partnership „_Individual in business since 0 ?0 Owners, Officers, Trustees; or if Partnership all General Partners Name ? t?6,?_(/(T?rYCa u/ Title f? Home Telephone /? Home Address 36t0 Al a?' Tr ciry? state /?.}- zipL Do you own your own home? tf Date of BirthA43/-Le Social security # I7S' 67^3YC. V Name i2e v.' ( G : xi P.y?- Title C rO "Horne Telephone Home Address City ?o c?s/ State Zip /?G/ 3 Do you own your own home? ? &5 Date ofBirth ?- / y=>a Social Security # i8f 'TG 1/ice Monthly Credit Desired $?0? Have you done Business under any other name? Yes No If ycs, Under what name? Address City State Zip Banking References. p'OII? Bank Name (/r.,.?r t?n? Qn(g ?sl- 4?? Account ,4 ^ do/7S'/ 3 G Address .2&/ City-&?'? Stateo_zip2701/ Trade Referee es: 4,e r- AfA/ Name ,?- Contact: J',TJ¢GS! Address P O e44 11.2 t/ ?ov'?G Da Account Opened / 2 0 2- Name xarp Highest Credit 6f/e <-v Contact Address 20 SV S7?- &A-4 r(Q/ Account Opened g-40 1, Telephone (o/-D6(e 0 Fax 161-6,454 Highest Credit ?'? Name _ a- /r.,il t titer Contact Address Account Opened /."t - e,)-- Telephone I37-hW FaxHighestCrcdit /Do-e,rV The undersign agr to pay 1-1/2% per Itnonth on the unpaid balance after 30 days. In the event that the account is placed for c re " an e u ensign ag o pay collection =d/or attorneys fees equal to 33-1/3% of the unpaid balance. I a eat to71 d a t prize y ion of all i tion contained herein: t.. -ro D ?.., 1A14 Millard Street • Bethlehem, PA 180?8 0 ? yl?l aj Phone: (610) 866-5916 • Fax: (610?t?>1534.= CREDIT APPLICATION Approval Rerum comDleled application to above address EXHIBIT C Date Salcpman ?? Credit I.inur --_? - MAR-21-2005(MON) 09:Od STROBER BUILDING SUPPLY (FAX)610 252 WS P.003i003 The Strober Organization, Inc. Pier 3, Furman Street Brooklyn, New York 112.01 Personal Guarantee of an Account For valuable consideration, the receipt whereof is hereby acknowledged, and to induce The Strober Organization Inc. any of its subsidiaries, branches or divisions now existing or hereafter created and their successors and assignees (hereafter collectively referred to as the "Seller"), at any time or from time to time to make advances or loans or otherwise give credit to and its subsidiaries, parent, affiliates, branches, divisions now existing or hereaRer created and their successors and assigns (hereafter collectively referred to as the 'Buyer"), the undersigned individually and if plural jointly and severally, hereby personally and unconditionally guarantee(s) the payment of any kind and all. bills for merchandise to be sold by the Seller to the said Buyer. This is a continuing guarantee and shall cover and apply-to all transa.ctions'entered into by the Buyer prior to termination of this guarantee bywyof the undersigned as provided below but no such termination shall a&ct any,obligations; of any ofthe undersigned pursuant to this guarantee existing at the time o'tsuch termination and any termination by one of the undersigned shall not affect the continuing obligations hereunder of such of the undersigned as do not give such notice of termination. The undersigned expressly agrees that this guarantee shall be in no way affected by any extensions of time to make payment and/or the acceptance by the seller of bills, checks and other instruments for payment of money and/or extensions or renewals thereof Each of the undersigned hereby waives any and all suretyship defenses and defenses in the nature thereof and agrees that the Seller may deal with the Buyer in such manner as the Seller may determine and without in. any way affecting the liability hereunder of any of the undersigned. In addition, if the Buyer is unable to pay for the merchandise sold to it by the Seller, Seller may bring immediate suit on this guarantee against the guarantor or guarantors without exhausting its remedies against the Buyer and without first giving notice of the Buyers failure to pay. In the•event.,Qf bankruptcy, the filing of a Proof of Claim shall not prejudice the rights of the Seller to proceed under the ierms-of this guarantee. In the event that any claim arising from the sale ofmi irclihndise is referred by the Seller to an independent attorney or call ection agency, then the guarantgr,;or guarantors, aglbe that in additionto'ally amounts owed, they will pay interest of 1'Ma per month, and as a collection fee, 33-1/3% of the amount due,and:riving, which said guarantor agrees is reasonable. The undersigned may at anytime terminate this guarantee.by giving 10 days notice in writing to the Seller by Registered Marl. sent to the. Sellers office whereupon liability of the undersigned shall terminate as to the deliveries made subsequent to the expiration of said 10 day'period. 'It shall nevertheless continue. in full force as to deliveries made at any time prior to the expiration of said 10-day period. It is further agreed that this guarantee shall continue notwithstending`ank changc'in organiiation, corporate setup or partnership changevnless the Seller receives notice of such ehange at least (5) Bye days prior to the delivery of any merchandise and that this guarantee shall be binding upon the heirs, personal representatives, estates, successors and assigns of each ofthe undersigned. Date :. Z- O 1AZZ Signedc Signed "'? G C 0 DA-U Lb L184.rctNa r- EXHIBIT D VERIFICATION I, LARRY L. MILLER, have prepared the foregoing COMPLAINT. I am authorized to make this Verification on behalf of my client, The Strober Haddonfield Group, Inc., and the factual statements contained therein are true and correct to the best of my knowledge. The authorized representative of Plaintiff is outside the jurisdiction of the Court. However, all of the information set forth in the pleading was furnished by Mr. John Merulla, Credit Manager for Strober. This Verification is made subject: to the penalties of 18 Pa. Cons. Stat. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Date: August 3, 2005 L LP,RR L. MILLER CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing Complaint this 3rd day of August 2005 by placing the same in the United States Mail, first class and certified mail, postage prepaid, addressed as follows: Douglas L. Morrow 2717 Dickinson Avenue Camp Hill, PA 17011 Robert C. May, Esquire 4330 Carlisle Pike Camp Hill, PA 17011-4127 Attorney for Caledonia David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 Attorney for Liberator By: uRz? 4- 10 V' I l THE STROBER-HADDONFIELD, IN THE COURT OF COMMON PLEAS OF GROUP, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2005-2459 CIVIL TERM STARNET TECHNOLOGIES, INC d/b/a Caledonia Construction JURY TRIAL DEMANDED Services, Douglas L. Morrow and David Liberator, Defendants NOTICE TO PLEAD TO: Stamet Technologies, Inc. d/b/a Caledonia Construction Services and Douglas L. Morrow 2717 Dickinson Avenue Camp Hill, Pennsylvania 17011 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer, New Matter and New Matter Pursuant To Pa.R.C.P. 2252(d) or a Default Judgment may be entered against you. l O'BRIEN, BARIC & Date: David-A. Baric, Esquire I.D. #44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 THE STROBER-HADDONFIELD, GROUP, INC., Plaintiff V. STARNET TECHNOLOGIES, INC. : d/b/a Caledonia Construction Services, Douglas L. Morrow and David Liberator, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2459 CIVIL TERM JURY TRIAL DEMANDED ANSWER, NEW MATTER and NEW MATTER PURSUANT TO Pa.R.C.P. 2252(d) NOW, comes David Liberator ("Liberator"), by and through his attorneys, O'BRIEN, BARIC & SCHERER, and files the within Answer, New Matter and New Matter Pursuant to Pa R.C.P. 2252(D) and, in support thereof, sets forth the following: ANSWER After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted only that Liberator is an adult individual with an address of 271 Springview Road, Carlisle, Pennsylvania. The remaining averments are denied. To the contrary, Liberator is not and never has been the CFO of Caledonia. Liberator was the CFO of Stamet Technologies, Inc. until December of 2002. Admitted. 6. Admitted. 7. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 8. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 9. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 10. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 11. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 12. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 13. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 14. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 15. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 16. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 17. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 18. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 19. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 20. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 21. Admitted. COUNTI 22. Liberator incorporates by reference his answers to paragraphs one through twenty- one as though set forth at length. 23.-27. These averments are directed to a defendant other than Liberator and no response is required. COUNT II 28. Liberator incorporates by reference his answers to paragraphs one through twenty- seven as though set forth at length. 29. Denied. To the contrary, the Personal Guaranty attached as Exhibit "D" fails to identify any entity for which Liberator allegedly guaranteed a debt. Moreover, the Personal Guaranty appears to have been executed by Liberator as a corporate officer and not as an individual. 30. Denied. To the contrary, the Personal Guaranty attached as Exhibit "D" fails to identify any entity for which Liberator allegedly guaranteed a debt. Moreover, the Personal Guaranty appears to have been executed by Liberator as a corporate officer and not as an individual. 31. Denied. To the contrary, the Personal Guaranty was revoked by Liberator. A true and correct copy of correspondence to counsel for Strober is attached hereto as Exhibit "E" and is incorporated by reference. 32. After reasonable investigation, Liberator is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore denied. Liberator has had no dealings with Strober regarding the ordering, delivery, use or purchase of Strober materials by Caledonia. 33. Denied. To the contrary, the Personal Guaranty attached as Exhibit "D" fails to identify any entity for which Liberator allegedly guaranteed a debt. Moreover, the Personal Guaranty appears to have been executed by Liberator as a corporate officer and not as an individual. WHEREFORE, David Liberator requests that judgment be entered in his favor and against Strober-Haddonfield Croup, Inc. and that David Liberator be awarded his costs and expenses. NEW MATTER 34. Liberator has never had any direct dealings with Stober regarding the ordering, purchase, delivery or use of Strober materials. 35. Liberator has never been provided with terms and conditions of sale from Strober regarding the purchase of Strober materials. 36. Liberator has never been involved in the activities and dealings of Caledonia Construction. 37. Liberator has enjoyed no benefit from any of the materials allegedly provided by Strober to Caledonia. 38. The credit application set a credit limit of $5,000.00. NEW MATTER PURSUANT TO Pa.R.C:.P. 2252(d) 39. Liberator incorporates by reference his averments as set forth in paragraphs one through thirty-eight hereinabove as though set forth at length. 40. Douglas L. Morrow, as the President of Caledonia Construction, was involved in the ordering, use and purchase of materials by Caledonia Construction. To the extent the averments of Strober are proven as true, Douglas L. Morrow was the party responsible for the ordering, use and purchase of Strober materials by Caledonia Construction. 41. Douglas L. Morrow is alone liable to Strober for the claim asserted by Strober, alternatively, Douglas L. Morrow is liable over to Liberator on the claim of Strober or is jointly or severally liable on the claim of Strober. Liberator expressly denies liability on the claim of Strober. 42. Stamet Technologies, Inc. was involved in the ordering, use and purchase of materials from Strober. To the extent the averments of Strober are proven as true, Starnet Technologies, Inc. is the party responsible for the costs of the Strober materials. 43. Stamet Technologies, Inc. is alone liable to Strober for the claim asserted by Strober. Alternatively, Starnet Technologies, Inc. is liable over to Liberator on the claim of Strober or is jointly or severally liable on the claim of Strober. Liberator expressly denies liability on the claim of Strober. WHEREFORE, David Liberator requests that judgment be entered in his favor and against Douglas L. Morrow and/or Starnet Technologies, Inc. finding Douglas L. Morrow and/or Stamet Technologies, Inc. alone liable to Strober, liable over to David Liberator or jointly and/or severally liable on the claim of Strober. Respectfully submitted, RIEN, BARIC & SCH a?tv Z? ?- I David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for David Liberator da b.dir/litigation/liberator/answer& newmatter. p id VERIFICATION The statements in the foregoing Answer, New Matter and New Matter Pursuant To Pa.R.C.P. 2252 (d) are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they 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. § 4904 relating to unsworn falsifications to authorities. j, DATE: David Liberator Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer June 7, 2005 Larry L. Miller, Esquire 1423 State Road Duncannon, Pennsylvania 17020 RE: The Strober-Haddonfield Group, Inc. V. Caledonia Construction, et als. C.C.P. Cumb. Cty. No. 05-2459 Dear Mr. Miller: (717) 249-6873 Fax (717) 249-5755 direct: dbaric@obslaw.com I am the attorney for David Liberator regarding the above-captioned matter. I would appreciate receiving a copy of any guaranty which your client may hold regarding Mr. Liberator. In the event such a document does exist, please consider this correspondence as notification to The Strober-Haddonfield Group, Inc. that such guaranty is terminated by Mr. Liberator as of the date of this correspondence. If you have any questions or would care to discuss this matter in more detail, please contact me. Very truly yours, O'BRIEN, BARK & SCH R 44 ?V d A. Baric, Esquire David DAB/ta cc: David Liberator File deb\Litigation\Liberator\miller.ltr EXHIBIT "E" CERTIFICATE OF SERVICE I hereby certify that on August 2005, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Answer, New Matter and New Matter Pursuant To Pa.R.C.P. 2252 (d), by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Larry L. Miller 1423 State Road Duncannon, Pennsylvania 17020 Douglas L. Morrow 2717 Dickinson Avenue Camp Hill, Pennsylvania 17011 Robert C. May, Esquire 4330 Carlisle Pike Camp Hill, Pennsylvania 17011 4,-? ? & David A. Baric, Esquire cr a ` 4-- E3 v LARRY L. MILLER, ESQUIRE Pa. Supreme Court I.D. No. 28122 1423 State Road Duncannon, PA 17020 Telephone: [717]957-2828 THE STROBER-HADDONFIELD GROUP, INC. Plaintiff V. STARNET TECHNOLOGIES, INC. d/b/a CALEDONIA CONSTRUCTION SERVICES, DOUGLAS L. MORROW, DAVID LIBERATOR Defendants Attorney for Plaintiff: THE STROBER-HADDONFIELD GROUP, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-:2459 CIVIL TERM ANSWER OF PLAINTIFF TO NEW MATTER OF DAVID LIBERATOR Plaintiff, The Strober-Haddonfield Group, Inc. ("Strober"), hereby responds to the New Matter of David Liberator as follows: 34. Denied. The averments set forth in paragraph 34 are specifically denied and proof thereof is demanded. On the contrary, David Liberator signed a personal guarantee of the account in favor of Strober which was a condition of credit being expended. 35. Denied. The averments set forth in paragraph 35 are specifically denied and proof thereof is demanded. On the contrary, Defendant Liberator was aware of the terms and conditions of sale and those for the extension of credit at the time he executed the personal guarantee in favor of` Strober. 36. Denied. The averments set forth in paragraph 36 are specifically denied and proof thereof is demanded. On the contrary, Defendant Liberator executed a personal guarantee of Caledonia Construction Services' ("Caledonia") account. 37. Denied. The averments set forth in paragraph 37 are specifically denied and proof thereof is demanded. By way of further response, these averments were also completely irrelevant. 38. Denied. The averments set forth in paragraph 38 are specifically denied and proof thereof is demanded. By way of further response, these averments were also completely irrelevant. WHEREFORE, The Strober-Haddonfield Group, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against David Liberator. 39. Strober incorporates here=in by reference the averments of its pleadings including those set forth above. 40. Denied. These averments are specifically denied and proof thereof is demanded. By way of further response, Defendant Liberator individually and severally personally and unconditionally guaranteed payment to Strober. 41. Denied. These averments are specifically denied and proof thereof is demanded. By way of further response, Defendant Liberator individually and severally personally and unconditionally guaranteed payment to Strober. 42. Denied. These averments are specifically denied and proof thereof is demanded. By way of further response, Defendant Liberator individually and severally personally and unconditionally guaranteed payment to Strober. 43. Denied. These averments are specifically denied and proof thereof is demanded. By way of further response, Defendant Liberator individually and severally personally and unconditionally guaranteed payment to Strober. WHEREFORE, The Strober-Haddonfield Group, Inc. respectfully requests that this Honorable Court enter judgment in its favor and against David Liberator. DATE: August 17, 2005 By: VERIFICATION I, LARRY L. MILLER, have prepared the foregoing ANSWER TO NEW MATTER OF DAVID LIBERATOR. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification on behalf of my client, THE STROBER-HADDONFIELD GROUP, INC. The facts set forth in the pleading are based upon my review of the documents and information provided by The Strober-Haddonfield Group, Inc. and/or of which I have personal knowledge as counsel for The Strober-Haddonfield Group, Inc. This Verification is made subject to the penalties of 18 Pa. Cons. Stat. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Date: August 17, 2005 By: CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing ANSWER upon counsel of record this 17th day of August, 2005 by placing the same in the United States Mail, 19T CLASS and CERTIFIED mail, postage prepaid, addressed as follows: David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 VIA IST CLASS MAIL: Robert C. May, Esquire May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011-4127 Mr. Douglas L. Morrow 2717 Dickinson Avenue Camp Hill, PA 17011 By: 'A4 el,6?0 r N ? ?^? G? ? 2 {{ ' ? 'S?a i yfl ???? 4J' Vii, __J •? C1 -??.? .J ` tee} ?..` ? : C 'r ?St? _? '"? r.? :G L}t THE STROBER-HADDONFIELD GROUP, INC., Plaintiff, V, STARNET TECHNOLOGIES, INC. d/b/a CALEDONIA CONSTRUCTION SERVICES, DOUGLAS L. MORROW, DAVID LIBERATOR Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2459 CIVIL TERM PETITION FOR LEAVE TO WITHDRAW AS COUNSEL NOW COMES, Robert C. May, Esquire, of The Law Firm of May & May, P.C., and sets forth the following in support of its Petition for Leave to Withdraw as Counsel: Robert C. May, Esquire, and The Law Firm of May & May, P.C., were engaged to represent Starnet Technologies, Inc., d/b/a Caledonia Construction Services, in this matter. Pennsylvania Rules of Professional Conduct Rule 1.16(b) allows a lawyer to withdraw from representing a client if good cause for withdrawal exists. 3. Robert C. May, Esquire and The Law Firm of May & May, P.C., have irreconcilable differences with the client. 4. Robert C. May, Esquire, and The Law Firm of May & May, P.C., respectfully submit that he/it/they desire to and is entitled to withdraw as counsel for Starnet Technologies, Inc., d/b/a Caledonia Construction Services, in accordance with the Pennsylvania Rules of Professional Conduct. WHEREFORE, Robert C. May, Esquire, and The Law Firm of May & May, P.C., respectfully request that he/it/they be granted leave to withdraw from representing Stamet Technologies, Inc., d/b/a Caledonia Construction Services, in the above-captioned matter. Respectfully submitted, ,-C C-- Robert C. May, Esquire ID# 65602 The Law Firm of May & May, P.C. 4330 Carlisle Pike Camp Hill, PA 17011 717-612-0102 Dated -2- CERTIFICATE OF SERVICE I hereby certify that I have this day served a true and correct copy of the foregoing document upon the person(s) and in the manner indicated below. Service by First Class Mail Larry L. Miller, Esquire 1423 State Road Duncannon, PA 17020 Starnet Technologies, Inc. d/b/a Caledonia Construction Services 1845 Market Street Camp Hill, PA 17011 Douglas L. Morrow 2717 Dickinson Ave Camp Hill, PA 17011 David A. Baric, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 4-4tJj obert C. May, Esquire 2? ? - ,5-Date -3- - C) : 2' a u+ ^n ru - m -?c7 5 Pn fV A THE STROBER-HADDONFIELD GROUP, INC., Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. STARNET TECHNOLOGIES, INC. d/b/a CALEDONIA CONSTRUCTION SERVICES, DOUGLAS L. MORROW, DAVID LIBERATOR Defendants ORDER NO. 05-2459 CIVIL TERM AND NOW, this 36 r day of J,4- LL,- , 2005, upon consideration of the Petition of Robert C. May, Esquire, and The Law Firm of May & May, P.C., for leave to withdraw as counsel for Stamet Technologies, Inc., d/b/a Caledonia Construction Services, said Petition is hereby GRANTED. Dated ? o t 0 I ??! ?'?? 0£ o+?S SJtJl Renee K. Simpson Deputy Prothonotary Curtis R. Long prothonotary e of t,, protbonotarr (offtc (Suraberlaub COMO John E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES OF OCTOBER 2008 AFTER MAIE?THg ABU OF AND NOW THIS 29Tx DAY RECEIVING NO RESPONS CE WITH PA INTENTION TO PROE?IN D WITH PREJUDICE IN ACCORDAN CASE IS HEREBY R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573 qnuare