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Home My WebLink About05-6655 FALCON STAINLESS & ALLOYS CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. : NO. ()~ - t,t, S s Clu~L Y[L~ CALABRESE & SONS, INe. Defendant CNIL 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LA\VYER 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 REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford St. Carlisle, Pennsylvania 17013 717-249-3166 Anthony L DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 717.258-6844 FALCON STAINLESS & ALLOYS CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlJNTY, PENNSYLVANIA Plaintiff VS. NO. OS--bf.r,5'.!.~ C(0~L Y8Ll CALABRESE & SONS, INe. Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, TO WIT this 1'1+4 day of .D?~..J~....-; 2005, comes the Plaintiff, Falcon Stainless & Alloys Corp., by its attorney Anthony L. DeLuca, Esquire and files this Complaint based upon the following: 1. The Plaintiff, Falcon Stainless & Alloys Corp., is a corporation, organized and existing under the laws of the State of New Jersey, having its principal address at 39 Hewson Ave., Suite A, Waldwick, New Jersey 07463. 2. The Defendant, Calabrese & Sons, Inc., is a corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal address at 406 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. At the special instance and request of Defendant, Plaintiff, on or about May 26, 2005, sold and delivered to Defendant IS pieces of forged material at $1,532.00 per piece, which totaled the sum of$22,980.00, as is more specifically shown by Plaintiffs Invoice. A true and correct copy of Plaintiff s Invoice is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. Defendant received and accepted the aforementioned 15 pieces of forged material. 5. The prices charged by the Plaintiff were the fair, reasonable and market prices which prevailed at the time of the transaction. 6. Plaintiff avers that the balance due and owing by Defendant is $22,980.00. 7. Although repeatedly requested to do so by the Plaintiff, Defendant has willfully failed and refused to pay the amount due and owing to the Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Judgment against the Defendant in the amount of $22,980.00 together with costs and interest. Respectfully Submitted, . ~A' ~ . ,,-. ~ ../ ,/ .Lr ~I.' .<.y. -. =... .~ <'.. Anthony 1" DeL , Esquire ~ 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Attorney for Plaintiff P.4 INVOICE INVOICE NO. ~ 5108 p,.'~e: 201.670,8300 800.631.0726 FA^ 201-670'OCl33 4595 ," LO TO CALABRESE & SONS, INC. P.O. BOX 1007 Med1anlcsb~, PA 17055 SHIP TO CALABRESE & SONS, INC. 406 BRANDY LANE MECHANICSBURG, PA 17055 , 19 '1 PC FORGED, FORGE WITH ALLOWANCE TO FINISH TO: 14.114" X 12.3/4" X 1~9/16" 1,532.00 22,980.00 SHIP VIA: CALL CUSTOMER WHEN READY TO SHIP ." ---1 EXHIBIT AU SALE AMOUNT 22,980.00 TH"NK YOU FOR YOUR ORDER I PLUSE CALL ACAINIl D.AII.lRFIII'nI.l.NIUI"'I'"Al.COHWLLNl:7l'iEHELDfEaf'OfC&Iaul: ~ bN4AG=M^TE,IM~I.INL.=D;Y\lP'" JliGliII'T 18 PflOfIER.V~A!l1QIElW:rIWlWJEDI'I"lIW'EAW.flECElVEDDAAWiJED.~cw.va NOT~ ~loIUSTJoW(Ea...wI~~OfoltLLfOSlJHIPPlHC!:I"QINTOADEFl!I.TlEOWo\CJElI!lllte~llTY OF1lte'JRJCKSllN<<l~II~I)'IOFfN~~I'>l'I!P_"'.t.~llI6L:...u.CLAII.lSFORDEFECl'WE 1IW'EI'l1,\L AFE WAIVED UHl.EB8 MADE IN w~tnNQ 1Ii1","1N 10 ~'l's. ~A UAOII.m' 1$ ~I~l) TO UPUCEYa(\' OFIo4,1,TERIAl..~ RU'UHlJINDTHe IHVQlCEOR ITEM AAlQUN'l'.MOA t;P~II.I.OA~A MIIT6A1,., WI1l:N f'U~III1EO ~IilECl1-V. CANNOT BE RETURNED R)R CREDIT. FREIGHT VERIFICATION Ronald Ferrari, states that he is the President of Falcon Stainless & Alloys Corp., a New Jersey Corporation, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, infonnation and belief, and that this statement is made subject to the penalties of 1 8 P A C.S.A. 4904 relating to unsworn falsification to authorities. ~L/ 0- ' ~~~.;:n,p~=-' Dated: --..Lzj / "7 Ie ,f (' ( .-' Q. () .;::? .tq, \-.:: c:;? 0 .;;.,.f" :r..... tit --.'": CJ P 7'Zt . ri"\ P'E (8 Y\ c' _0 tTl ~ - ..,'{ B "" i,')f.-.) ;J .-r; '"" ~ .- --d W '~'~. [") ..>> t;,,>{\l -..J IN ~ .r;:"' .-7\ -C. ,. t: ~ C> N ---.;:j ~ ---.. F\FILES\OA T AFJLEIGeneral\Cumml II 093 J 5pral \mas Cremed. 9/20/04 (106PM Revised 1/23/06 ~:24AM 1109315 ~ David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. No. 41722 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FALCON STAINLESS & ALLOYS CORP., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. NO. 05-6655 CIVIL ACTION - LAW CALABRESE & SONS, INC., Defendant. JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Calabrese & Sons, Inc., in the above matter. F WILLIAMS & OTTO By David A. Fitzsimons, Esquire LD. No. 41722 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant ~ Dated: January 23,2006 , CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Malison 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: Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 MARTSON DEARDORFF WILLlAMS & OTTO By: l\\~cC~n C Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717) 243-3341 ,) ~ ,('() ;' 1\~1 Dated: January 23,2006 ,. , -'j; ..-t T i'l 1',) (.:, (--::) C,," SHERIFF'S RETURN - REGULAR CASE NO: 2005-06655 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FALCON STAINLESS & ALLOYS CORP VS CALABRESE & SONS INC ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CALABRESE & SONS INC the DEFENDANT , at 0900:00 HOURS, on the 6th day of January 2006 at 406 BRANDY LANE MECHANICSBURG, PA 17055 by handing to JERRY CALABRESE, PART OWNER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 8.80 .39 10.00 .00 37.19 ~~~~ R. Thomas Kline me this .1" 'S \ day of 01/12/2006 ANTHONY DELUCA --7 ~ BY~=~/ ~ 'JMA ~y Sheriff Sworn and Subscribed to before A.D. F\f[LESIDA T AFILE\Gencral\Cun-enlll1093] 5,ans I \mas Created 9/2010400ElPM Revised 3/14/06 11'49AM 1109315 David A. Fitzsimons, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. No. 41722 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FALCON STAINLESS & ALLOYS CORP., Plaintiff, v. NO. 05-6655 CIVIL ACTION - LAW CALABRESE & SONS, INC., Defendant. JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Calabrese & Sons, Inc., by its attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and avers the following in response to Plaintiffs Complaint: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. The averments of paragraph 7 are conclusions oflaw to which no response is required by the Pennsylvania Rules of Civil Procedure. To the extent that a response is required, it is specifically denied that the Defendant has willfillly failed and refused to pay the amount due and owing to the Plaintiff. On the contrary, Defendant has been unable to pay the amount due to Plaintiffbecause of financial pressures and expects to shortly be able to pay the full amount. The purchaser of the finished parts has advised that it has finally inspected and approved the "First Article" piece and should shortly approve final manufacture of the remaining parts. Therefore, as soon as payment is received by the Defendant, Plaintiff will immediately be reimbursed. WHEREFORE, Defendant respectfully requests that the Court dismiss Plaintiff s Complaint or, in the alternative, award such relief as it deems just and reasonable under the circumstances. Dated:)) \ 5\ OLP ~~&OTTO David A. Fitzsimons, Esquire LD. No. 41722 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant 03/14/2006 00:06 717-243-1850 MDW&O DI'GE B9/B~ VERIFICATION I, Joseph A. Calabrese. President of Calabrese & Sons, Inc., aclcnowledge I have the authority to execute this Veri.tication on behalf of Calabrese & Sons, Inc., and certify the foregoing Answer is baserl upon information which has beer1 gathered by my counsel inthepreparationofthe lawsuit The language of this Answer is that of counsel and not myown. I bavereadthedocumentand 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, infonnation and belief. To the extent lhecontent of the Answeris thatofcounsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, which provides that if! knowingly make false avennents, I may be subject to criminal penalties. Calabrese & Sons, Inc. 7 /----- f:'J'tl..eS\I)ATAFIl~___,l\09'!.\S__1 CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certifY that a copy of the foregoing Defendant's Answer to Plaintiff s Complaint was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Anthony 1. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 MARTSON DEARDORFF WILLIAMS & OTTO By: iUC"--' Melissa A. Scholly Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: '3\ \51 aLP FALCON STAINLESS & ALLOYS CORP" Plaintiff VS. CALABRESE & SONS, INe. Defendant Sir: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-6655 : CNIL ACTION - LAW PR A RrTPR Please mark this action as settled and discontinued with prejudice. TO: Curtis R. Long, Prothonotary DATE: January 2, 2007 By: ~~~ ~~y L. D&ca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 0 f'o.:) ~ c;::) c <<:::) --03: ....... c.;... ~:o ~g) :J:Ilt :z: :gFn ZC' t ~.!:; (,0,) (J6 ~ c' ~ .' :2..,..' ;;: (-, -0 ..-r\ >8 :x 05 .c:- t5m ~ .. ~ -.J ;.;"c;: