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HomeMy WebLinkAbout06-3482IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bernville Road Reading, PA 19605 Plaintiff, VS. COMMONWEALTH CORPORATION Limekiln Commercial Park, 764 Corporate Circle New Cumberland, PA 17070 Civil No: CW U C t' - e-&>-? and SUZANNE M.DELERME 4000 Glenfinnan Place Mechanicsburg, PA 17055 Defendants. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEI:P. Court Administrator, Cumberland County I Courthouse Square Carlisle, PA 17013 717-240-6200 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bemville Road Reading, PA 19605 Plaintiff, VS. COMMONWEALTH CORPORATION Limekiln Commercial Park, 764 Corporate Circle New Cumberland, PA 17070 and SUZANNE M.DELERME 4000 Glenfinnan Place Mechanicsburg, PA 17055 Defendants. PRAECIPE To The Prothonotary: Please accept for filing the enclosed: X Complaint ? Complaint for Confessed Judgment and CivilNo: X Prepare summons(es) and forward to the Sheriff for service. ? Mail a notice of entry of judgment to the Defendant in the enclosed self- addressed, stamped envelope. I have enclosed a check in the amount of $55.50 to cover the costs of filing and $100.00 for service via the Sheriff. Please return a file-stamped copy of the Complaint to me in the enclosed self addressed stamped envelope. 2 Chank you for your assistance. SIL S. SILVERMAN #44089 Rockville Pike Suite 300 N. Bethesda, MD 20852 301-468-4990 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bernville Road Reading, PA 19605 Plaintiff, VS. COMMONWEALTH CORPORATION Limekiln Commercial Park, 764 Corporate Circle New Cumberland, PA 17070 and SUZANNE M.DELERME 4000 Glenfinnan Place Mechanicsburg, PA 17055 Defendants. COMPLAINT Civil No: OL - 3q 9-z l Lu?? Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc., by and through its attorneys, Silverman & Associates, Chtd., and Gary S. Silverman, Esq. hereby brings this action against Defendants and states as follows: Parties Plaintiff Kohl Roofing & Siding Co. t(a Kohl Building Products Inc. ("Kohl") is, and was at all times relevant hereto, a Pennsylvania corporation with its principal office at 1047 Old Berriville Road, Reading, PA 19605. 2. Defendant Commonwealth Corporation ("Commonwealth") is and was at all times relevant hereto a Pennsylvania corporation with an address of Limekiln Commercial Park, 764 Corporate Circle, New Cumberland, Pennsylvania 17070. 4 3. Defendant Suzanne M. Delerme ("Delerme") is and was at all times relevant hereto a Pennsylvania resident with an address of 4000 Glenfinnan Place, Mechanicsburg, Pennsylvania 17055. Factual Background 4. On or about February 20, 1997, Commonwealth executed a Business Credit Application ("Agreement") with Kohl wherein Commonwealth agreed to pay for materials provided by Kohl. A copy of the agreement with personal guaranty is attached hereto as Exhibit A and incorporated herein by reference. 5. Prior to the sale of materials by Kohl to Commonwealth, Delerme executed a personal guaranty ("Guaranty") wherein she agreed to be held personally liable for the account of Commonwealth in the event of default by Commonwealth under the Agreement. A copy of the Guaranty is included as part of the Agreement and attached hereto as Exhibit A and incorporated herein by reference. 6. Pursuant to the terms of the Agreement, Defendants agreed to pay interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any account twenty-five (25) days past due. 7. Pursuant to the terms of the Agreement, Defendants agreed to pay twenty percent (20%) of the principal amount due for attorney's fees plus costs. COUNTI (Breach of Contract against Commonwealth Corporation) 8. Kohl incorporate paragraphs 1 through 7 in this Count I as if fully stated herein. 9. At the request of Commonwealth, Kohl from about December 2004 through August 2005 provided building products (hereinafter "supplies") to Commonwealth on open account and sent invoices demanding payment. Commonwealth has failed to pay the principal 5 amount totaling eight thousand eight hundred fifty eight and 20/100 dollars ($8,858.20). A true and accurate copy of the Invoices and Statements are attached hereto as Exhibit B and incorporated herein by reference. 10. Despite due demand for payment and full performance by Kohl, Commonwealth has failed to pay Kohl pursuant to the Agreement and is in breach thereof. 11. As a result of the failure of Commonwealth to pay the sums due, Kohl has sustained damages in the following amounts: (a) principal in the amount of $8,858.20; and (b) accrued interest up to June 7, 2006 in the amount of $1,718.19; and (c) interest from June 7, 2006 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $1,771.64 (20% of the principal balance due); and (e) costs of this action. WHEREFORE, Plaintiffs, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. demands judgment against Defendant Commonwealth Corporation as follows: (a) principal in the amount of $8,858.20; and (b) accrued interest up to June 7, 2006 in the amount of $1,718.19; and (c) interest from June 7, 2006 until the date of judgment in the amount of 1.5% per month (18% per annum) ; (d) attorney's fees in the amount of $1,771.64 (20% of the principal balance due); and (e) costs of this action.. 6 Count II (Breach of Personal Guaranty by Suzanne M. Delerme) 12. Kohl incorporates paragraphs I through 11 in this Count II as if fully stated herein. 13. At the request of Commonwealth, Kohl from about December 2004 through August 2005 provided building materials (hereinafter "supplies") to Commonwealth on open account and sent invoices demanding payment. Commonwealth has failed to pay. A true and accurate copy of the Invoices and Statements has been previously attached hereto as Exhibit B and incorporated herein by reference. 14. Despite due demand for payment and full performance by Kohl and the default by Commonwealth, Personal Guarantor Delerme has failed to pay Kohl pursuant to the Agreement and is in breach thereof. 15. As a result of the breach of the Personal Guaranty by Delerme, Kohl has sustained damages in a sum equal to the outstanding balance which is due from Commonwealth as follows: (a) principal in the amount of $8,858.20; and (b) accrued interest up to June 7, 2006 in the amount of $1,718.19; and (c) interest from June 7, 2006 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $1,771.64 (20% of the principal balance due); and (e) costs of this action. WHEREFORE, Plaintiffs, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. demands judgment against Suzanne M. Delerme as follows: 7 (a) principal in the amount of $8,858.20; and (b) accrued interest up to June 7, 2006 in the amount of $1,718.19; and (c) interest from June 7, 2006 until the date of judgment in the amount of 1.5% per month (18% per annum); (d) attorney's fees in the amount of $1,771.64 (20% of the principal balance due); and (e) costs of this action. Respectfully submitted, ASSOCIATES, CHTD. ary S. ilverman #44089 1200 ockville Pike Su' e 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 8 VERIFICATION GARY S. SILVERMAN, ESQUIRE, hereby states that he is the attorney for the Plaintiff(s) in this action and verifies that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification Stl rman #44089 o ville Pike N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff < <.... ?..•.,i• ?.-.J..vr r? r'RUI9 UUI°II°IUIVVVCHL Ir'1 I.UKY. /1/ /3L CbCti R BUILDING PRODUCT'S BUSINESS CREDIT APPLICATION P, 2 CORPORATE OFFICE Old Bemville Road PO Box 14746 Reading, PA 19612-4746 610-926-8800 610.92x,0806 (FAX) Instructions: 1. Fill out top part of from 2. Sign appropriate sections, including back of form Credit Limit 3. Provide financial statement /? N Data of application:-a{D-91 Legal Name of Business: ?ONNLt?/U1f/?U ?l)?i?Ci9%7C V41 pddrm iroY, c iXc [e r "HtAILS CQ1YhaflE f krC? /VF J jMff ' A f%! Business Phone: III )71U -.??i1t'? Fax #: (I/J ){ Lion Sole Prop Partnership, Name and Address of Bonding Co Nature of Business: Date Started: Principals: Full Name Home AQdreas & Phone Position Social security # 1.) Suti9NNF N N? 16W?PA r??ro CLa ?G3- -?% 2.> 3) GUARANTY GUARANTY given by the undersigned to Kohl Solldhlg Products, heveinaftw refitted to as the Company, in order to induce it to extend aeditto, the following business entity: UNE hereby unconditionally PERSONALLY GUARANTY to the Company the prompt Mama, when due, of every claim of the Company which may hereafter mite app st D AMAV5"76 VWE do also unconditionally PERSONALLY GUARANTY payment of all reasonable costs of collection including but not limited to, twenty percent (20%) atmmey's fees and court eons. . This is a continuing GUARANTY and shall remain in full Pons until revoked by Guarantor by notice in writing to the Can xny, Such revoeadon stall be efreetive only as to eiabss of the Company which raise out of Mmsaalous entered imo after the Company's receipt of said notice. This obligation shall cover the renewals of any claims guaranteed by this lamument or extensions of time payment he=4 and shall net be agmicd by any surrender or release by the Company of arty other security held by if for any claim hereby guaremeed. This GUARANTY is, and shall remain binding upon the heirs, estate representatives, successors and assigns of Guarantor. This GUARANTY is independent of arty other guaranty or rights which The undersigned may have with mspeet to drc above-noted debt. This Gaarm hereby woiw their homestead exemption as wen 0-e all requiretoeuts of fight$ with regard to Douce, demand presentation or protest in the event of defauh and funkier appoints Joseph T. Keane, a anomoy lafaa for the purpose of eonfeuing judgement, in favor of Kohl Budding Products, for VIRGINIA customers in the Cimait Court of Fairfax County, Virginia, for MARYLAND customers in the Circuit Court for Frederick County, Maryland, for PENNSYLVANIA customers in the Cir It Court of Cumberland County, Pennsylvania, for WEST VIRGINIA customers in the Circuit Court of acrldey County, Wen Virginia, for NEW YORK ea ptuh th rite C Orange County, New York, Is and f to or NEW JERSEY customers in the Circuit Court of Warren County, N?e/w Jersey for e balance, ' i s?I'X1 JfimtN.rlt-V Immediate execution of said judgement afao/4 / Sigtanae Signaame - y Due Signature net'. Bank(Chedking) r ? ? kA ?1 yPA Zu _ -D'16?f '?/GYe3'JO?(o 2-20-lya/ 4:3EiPM FROM COMMONWEALTH COPP. 717 732 8588 P.3 TERMS AND CONDITIONS OF SALE I. These lens and conditions of sale shall control on all sales, including all direct shipment sales arranged by or through Kohl Building ducts, whether or not materials are delivered by or through Kohl Building Products. 2. All Orden; pined for special order materials (i.e. those materials not kept in stork:), are final, and require a soY. deposit at time of order, with the balance due upon arrival at Kohl Building Products. Once a special order is placed and confirmed in writing by Kohl Building Products, purchaser agrees to accept said materials and make payments in full. RETURNS SHALL NOT BE PERMITTED ON SPECIAL ORDER MATERIALS, 3. On all orders pined for stock, out of stock and special order materials, white the "very dead is delayed due to manubaurer shipping error, or any other error, purchaser agrees to hold Kohl Building Products hrmdess for any delay and agrees to make payments in full for said goods. A. All materials delivered must be aeunindd and inspected by the purchaser and/or his agent or repruentadve upon receipt. For ali materials a mined and inspected upon receipt, any claim of shortage and/or damage mug be made at time of delivery. Where purchaser andfor his agent of representative cannot examine and inspect material upon receipt, any and all claims most be made within three (3) working days of delivery. Any claims made after the prescribed time period shall not be honored. S. Stork materials may be returned, if in good condition. with purchmWs account credited subject to a 15% handling fee. 6. Porehmar acknowledges that any and all decisions as to return of materials is made AT THE SOLE DISCRETION OF KOM Building Products, AND MAY BE CHANGED OR REVOKED AT ANY Tna WITHOUT NOTICE. 9. Kohl BoildhugProducts agrees only to replace any and all matuiil shipped and/or received in detective eonditlon 8. Purchaser agrees that his SOLE REMEDY available for any default arising out of sales "Or at of any and all materials purchased shall be the rewm of said materials purchased for a full ref end. Purchaser acknowledges that no suit will be brought against, or shall induda, Kahl Building Products where either consequential or lneldentd damages are sought 9. Any claim or controversy shall be settled eitber, by binding arbitration, or by any Court of compematjmbulletioa FOR VIRGINIA CUSTOMERS. IN COMMONWEALTH OF VIRGINIA, FAIRFAX COUNTY; FOR MARYLAND CUSTOMERS. M THE STATE OF MARYLAND, FREDERICK COUNTY; FOR PENNSYLVANIA CUSTObRS, M THE COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND COUNTY; FOR NEW JERSEY CUSTOM ERS, IN THE STATE OF NEW JERSEY. WARREN COUNTY; AND FOR NEW YORK CUSTOMERS, IN THE STATE OF NEW YORK, ORANGE COUNTY. On an disputed manic/; Sellers agree to pay KOHL BUILDING PRODUCTS amomeys tee, costs and dlsbusseracnts. 10 On ill msvns.rde+cl trv Kehl Hpitifing Prmdumr m their rx,,. r r OEthaaamad-anaanE billed. whichever is greaser, for stmmeys' fee, plus costs and d"nebursemens. 11. PURCHASER AGREES THAT Kohl Building Products SHAD, NOT BE RESPONSIBLE FOR ANY MANUFACTURER OR SHIPPING DEFECT. Pmdwor further agrees to hold Kohl Building Products harmless for any manufactures or shipping defect and fbr any injury to person or otherwise due an said defects. 12. Kohl Building Products makes NO WARRANTIES express m Implied, including without limitation. WARRANTIES AS TO MERCHANTA MITY, OR AS 70 FITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall act be liable for try loss or damago directly Of Indirectly alsing floor the use of such mandals. Further, all MATERIALS ARE DELIVERED "AS IS' ANb'WfiH ALL FAULTS". Any contradictory statements made by an employee of KOM Building Products, stall have no effect orbeariny and the terms contain herein shall control. 13. TITLE FOR ALL GOODS AND/OR MATERIALS REMAINS WITH Kohl Building Products UNTIL PAID FOR IN ALL BY PURCHASER. Should purchaser take action under Title 11 of the United State. Code, or tam any other action to avoid making payment in full, purchaser agrees m promptly return any materials not paid in full. Purchaser agrees to kip the materials fully he ued until paid for in full. 14. The RUSK OF LASS of any goods and/or materials shall pass to the purchaser as soon as said goods and/or maeriais are delivered to purchaser at its place of business or any other place specifically designated by the purdwer for the delivery. 15. Purchaser agrees that any account thirty (30) days past due shall be charged 1.5% per month interest on the unpaid balance, 18% per annum. 16. Is the event the purchases is a corporation, partnership; any other loci legal entity, the individual or individual whose signaaee appears hereon agree to and do personally guarantee payment for any and all materials sold to the obove-named entity. .P=er acknowledges that ??heas read and AGREES TO ALL OF ABOVE TERMS AND CONDITIONS OF SALE. l tl6yfuc- / "l ' r.d?`s?^ "'fiTc ED Signature (A (Print) S'hgrtawre Name (Print) -Title REMIT TO: PO BOgg 5 0843 PHILADEL HIA, PA 19175-0843 S T A T E M E N T SHIP TO: INVOICE CUSTOMER INVOICE GROSS DTSC`CSUNT: DI$CG7'fINT NET DATE PO NUMBER fiMOUNT DATE AMOUNT PAYMENT AMOU;%-T 12/09/04 DELARME 80812 855.44 104.78 750.66 12/09/04 DELARME 80816 235.63 235.63 12/09/04 DELARME 80818 655.33 655.33 12/09/04 DELARME 80819 575.79 575.79 12/09/04 DELARME 80820 129.89 129.89 01/04/05 DELERME 82510 1,516.56 1,516.56 03/15/05 DELARME 87845 16.81 16.81 03/15/05 DELARME/INSTAL 87952 3,900.00 3,900.00 04/04/05 DELARME 387376 198.96 198.96 04/30/05 32231 155.38 155.38 05/31/05 33699 236.47 236.47 06/27/05 DELARME 95225 160.67 160.67 06/30/05 35201 419.68 419.68 07/31/05 36819 330.80 330.80 08/31/05 DELARME 96581 _ 600.00 08/31/05 38678 20.53 09/30/05 402 .. .. '. _ -:. 151.60 10/31/05 41930 -' - - - 142.60 11/30/05 43491 ?RRI _ - - 130. 130.83 12/29/05 DELERME 15421 117.90 117.90 12/31/05 44841 "--131.10 131.10 CURRENT 30 DAYS 60 DAYS 90 DAYS OVER 90 TOTAL DUE 8,858.20 1,718.99 10,577.19 COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK 764 CORPORATE CIR NEW CUMBERLAND PA 17070-2349 KOHL KOHL BUILDING PRODUCT S REMIT TO: BUILDING PRODIJUS 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG. PA 17055 PHILADELPHIA. PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I 4000 GLENFINNAN PLACE NEW CUMBERLAND PA 17070-2349 P MECHANICSBURG PA MISC: SAC .......................... TOTAL: $, ?c.edD L=KOH L KOHL BUILDING PRODUCTS REMIT TO: BUILDIH6PAODUaS 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG, PA 17055 PHILADELPHIA, PA 19178-1395 INVOICE S COMMONWEALTH CORPORATION B COMMONWEALTH CORPORATION H I LIMEKILN COMMERCE PARK I 4000 GLENFINNAN PLACE L 764 CORPORATE CIR P MECHANICSBURG PA L NEW CUMBERLAND PA 17070-2349 MISC: SAC TOTAL: $ 5.?3 =KOHL KOHL BUILDING PRODUCTS REMIT TO: BUILDING PRODUCTS 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG, PA 17055 PHILADELPHIA. PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I 4000 GLENFINNAN PLACE NEW CUMBERLAND PA 17070-2349 P MECHANICSBURG PA MISC: SAC TOTAL: KOHL KOHL BUILDING PRODUCTS REMIT TO: BUILDING PRODUCES 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG, PA 17055 PHILADELPHIA, PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I 4000 GLENFINNAN PLACE NEW CUMBERLAND PA 17070-2349 P MECHANICSBURG PA MISC: SAC TOTAL: ==KOHL KOHL BUILDING PRODUCTS REMIT T0: BU I LDIHG PRODUM 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG, PA 17055 PHILADELPHIA, PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I 4000 GLENFINNAN COURT NEW CUMBERLAND PA 17070-2349 P MECANICSBURG PA MISC: SAC TOTAL: `?=KOHL KOHL BUILDING PRODUCTS REMIT TO: BUILDINPRODUCIS 860 WESLEY DRI VE PO BOX 8500 LB41395 MECHANICSBURG, PA 17055 PHILADELPHIA. PA 19178-1395 INVOICE COMMONWEALTH CORPORATION - S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H 4000 GLENFINNAN PLACE 764 CORPORATE CIR I ALLEN ESTATES NEW CUMBERLAND PA 17070-2349 P MECHANICSBURG PA MISC: SAC TOTAL: K 0 H ` KOHL BUILDING PRODUCTS REMIT TO: BUILDING PRODUCES 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG. PA 17055 PHILADELPHIA, PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H LIMEKILN COMMERCE PARK 764 CORPORATE CIR I 764 CORPORATE CIR NEW CUM13ERLAND PA 17070-2349 P NEW CUMBERLAND PA. 17070-2349 MISC: SAC TOTAL: MEKOH L KOHL BUILDING PRODUCTS REMIT TO: BUILOIMGPRODUGS 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG. PA 17055 PHILADELPHIA, PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H 4000 GLENFINNAN PLACE 764 CORPORATE CIR I ALLEN ESTATES NEW CUMBERLAND PA 17070-2349 P MECHANICSBURG PA MISC: JDS TOTAL: °KON L KOHL BUILDING PRODUCTS REMIT TO: BUILOIN PRODUCES 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG. PA 17055 PHILADELPHIA. PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H LIMEKILN COMMERCE PARK 764 CORPORATE CIR I 764 CORPORATE CIR NEW CUMBERLAND PA 17070-2349 P NEW CUMBERLAND PA 17070-2349 MISC: 305 TOTAL: =IKON L KOHL BUILDING PRODUCTS REMIT TO: BUILDING PAODUM 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG. PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: SC0405 04-30-05 ?'KON L KOHL BUILDING PRODUCTS REMIT TO: BUILDIHGPAODUM 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG, PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: 1 SCO505 1 05-31-05 =`KON L KOHL BUILDING PRODUCTS REMIT T0: BUILDINGPADouds 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG. PA 17055 PHILADELPHIA. PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H LIMEKILN COMMERCE PARK 764 CORPORATE CIR I 764 CORPORATE CIR NEW CUMBERLAND PA 17070-2349 P NEW CUMBERLAND PA 17070-2349 MISC: SAC TOTAL: -KOHL KOHL BUILDING PRODUCTS REMIT TO: DUILDINPRODUM 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG. PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: SCO605 1 06-30-05 1 -LIKON L KOHL BUILDING PRODUCTS REMIT TO: BUILDIMPAODUaS 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG. PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: 1 SC0705 I 07-31-05 F KO N L KOHL BUILDING PRODUCTS REMIT TO: BUILDINGPRDDUM 860 WESLEY DRIVE PO BOX 8500 LB41395 MECHANICSBURG, PA 17055 PHILADELPHIA, PA 19178-1395 INVOICE COMMONWEALTH CORPORATION S COMMONWEALTH CORPORATION LIMEKILN COMMERCE PARK H LIMEKILN COMMERCE PARK 764 CORPORATE CIR I 764 CORPORATE CIR NEW CUMBERLAND PA 17070-2349 P NEW CUMBERLAND PA 17070-2349 MISC: SAC TOTAL: 396581 1 08-31-05 1 M-KOHL KOHL BUILDING PRODUCTS REMIT TO: BUILUM ROOMS 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG, PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR T NEW CUMBERLAND PA 17070-2349 P TOTAL: °IOKOH L KOHL BUILDING PRODUCTS REMIT TO: BUILDINPRODUaS 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG, PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: 1 SC0905 1 09-30-05 ?AKON L KOHL BUILDING PRODUCTS REMIT TO: BUILDINGPAODUaS 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG, PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: SC1005 10-31-05 = =KON L KOHL BUILDING PRODUCTS REMIT TO: BUILDING PAODUaS 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG, PA 17055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: SC1105 1 11-30-05 1 KON L KOHL BUILDING PRODUCTS REMIT TO: BUILDINGPRDDUaS 860 WESLEY DRIVE PO BOX 510843 MECHANICSBURG. PA 11055 PHILADELPHIA PA 19175-0843 INVOICE COMMONWEALTH CORPORATION S LIMEKILN COMMERCE PARK H 764 CORPORATE CIR I NEW CUMBERLAND PA 17070-2349 P TOTAL: UL VT c KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH CORPORATION CIVIL No.: 06-3482 and SUZANNE M. DELERME, Defendants CIVIL TERM To: KOHL ROOFING & SIDING CO. Ua KOHL BUILDING PRODUCTS INC., C/O GARY S. SILVERMAN, ESQUIRE You are hereby notified to file a written response to the enclosed NEW MATTER AND COUNTERCLAIM within twenty (20) days from service hereof or a judgment may be entered against you. Date: 9//04 BY. rg 4thchild, sEsquire Pa. Supr. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Defendants KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. COMMONWEALTH CORPORATION CIVIL No.: 06-3482 and SUZANNE M. DELERME, Defendants CIVIL TERM ANSWE - NEW MATTER AND COUNTERCLAIM Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. It is admitted that the document entitled "Business Credit Application" was signed by the CEO of Commonwealth Corporation (hereinafter referred to as "Commonwealth"). The remainder of the averments of paragraph 4 in Plaintiff's Complaint are conclusions of law which require no response. To the extent that a response is required, the averments of paragraph 4 in Plaintiff's Complaint are denied. By way of further answer, the claims asserted by the Plaintiff in the instant matter are not related to, nor a result of, the "Business Credit Application" referenced by the Plaintiff. 5. Denied as stated. It is admitted that the document entitled "Business Credit Application' 'was signed by the CEO of Commonwealth Corporation (hereinafter referred to as "Commonwealth"). The remainder of the averments of paragraph 5 in Plaintiff's Complaint are conclusions of law which require no response. To the extent that a response is required, the 2 averments of paragraph 5 in Plaintiff's Complaint are denied. By way of further answer, the claims asserted by the Plaintiff in the instant matter are not related to, nor a result of, the "Business Credit Application" referenced by the Plaintiff. 6. Denied as stated. The averments of paragraph 6 in Plaintiff's Complaint are conclusions of law which require no response. To the extent that a response is required, the averments of paragraph 6 in Plaintiffs Complaint are denied. By way of further answer, the claims asserted by the Plaintiff in the instant matter are not related to, nor a result of, the "Business Credit Application" referenced by the Plaintiff. 7. Denied as stated. The averments of paragraph 7 in Plaintiff s Complaint are conclusions of law which require no response. To the extent that a response is required, the averments of paragraph 7 in Plaintiff s Complaint are denied. By way of further answer, the claims asserted by the Plaintiff in the instant matter are not related to, nor a result of, the "Business Credit Application" referenced by the Plaintiff. COUNT I. (Breach of Contract against Commonwealth Corporation) 8. No response required. 9. Denied as stated. As further detailed in Defendants' New Matter and Counterclaim, the Defendants entered into an agreement with the Plaintiff for customize design cabinetry to be installed by the Plaintiff for a pre-established price. 10. Admitted in part and denied in part. It is admitted that Kohl has made demand for payment and Commonwealth Corporation has declined to make said payment. Said refusal to pay is based upon Kohl's failure to complete the agreed upon work in a proper, timely, workmanlike and complete fashion. 11. Denied. It is denied that Kohl has suffered any damages as Kohl's has failed to complete the agreed upon work in a proper, timely, workmanlike and complete fashion. 11. (a) through (e). Denied. It is denied that Kohl has suffered any damages as Kohl has failed to complete the agreed upon work in a proper, timely workmanlike and complete fashion. WHEREFORE, Commonwealth Corporation respectfully requests that Kohl's claims be dismissed in full. COUNT II. (Breach of Personal Guaranty by Suzanne M. Delerme) 12. No response required. 13. Denied as stated. As further detailed in Defendants' New Matter and Counterclaim, the Defendant, Commonwealth Corporation, entered into an agreement with the Plaintiff for customize design cabinetry to be installed by the Plaintiff for a pre-established price. It is denied that Commonwealth requested building materials on an open account nor that Commonwealth has failed to make payments to Kohl. By way of further answer, Commonwealth has made payments to Kohl totaling $ 50,000.00 but has not received the agreed upon customize design cabinetry, installed, along with related items in a proper, timely, workmanlike and complete fashion. 14. Admitted in part and denied in part. It is admitted that Kohl has made demand for payment and the Defendants have declined to make said payment. Said refusal to pay is based 4 upon Kohl's failure to complete the agreed upon work in a proper, timely, workmanlike and complete fashion. It is denied that any default or breach has occurred by the Defendants. 15. Denied. It is denied that Kohl has suffered any damages as Kohl has failed to complete the agreed upon work in a proper, timely, workmanlike and complete fashion yet has been paid $ 50,000.00. 15. (a) through (e). Denied. It is denied that Kohl has suffered any damages as Kohl has failed to complete the agreed upon work in a proper, timely, workmanlike and complete fashion. WHEREFORE, Delerme respectfully request that Kohl's claims be dismissed in full. NEW MATTER 16. The averments in paragraphs 1 through 15 (e) of Defendants' Answer are incorporated herein as if fully stated. 17. Defendant, Commonwealth Corporation, contracted with the Plaintiff to provide cabinetry and perform services, associated with Defendant Delerme's residence, including, but not limited to the: a) Providing custom design kitchen cabinetry and butler pantry cabinetry at Delerme's residence for an agreed upon price of $ 50,176.86 (Exhibit "A" attached hereto and incorporated herein sets forth said contract price); b) Installation of custom design kitchen cabinetry and butler pantry cabinetry at Delerme's residence for an agreed upon price of $ 3,500.00, contrary to the price indicated by Kohl in exhibit "A" which indicates an installation price of $ 3,900.00. c) Providing and installing a custom design bathroom vanity and mirror cabinetry at Delerme's residence for an agreed upon price of $ $ 3,813.78 (Exhibit "B" attached hereto and incorporated herein sets forth said contract price); d) Related services and cabinetry items. 18. The agreed upon price for the kitchen and butler pantry was based on verbal communications between Plaintiff's personnel and Defendant Delerme on October 1, 2004. 19. The agreed upon price was confirmed in writings between the parties during the process of Plaintiff providing a portion of the agreed upon work. 20. Commonwealth asserts that the agreed upon price for the cabinetry, vanity and installation was $ 57,663.02. 21. The price claimed as the agreed upon price by Kohl is $ 57,991.69. 22. Commonwealth Corporation paid to the Plaintiff the sum of $ 50,000.00 toward the completion of the agreed upon project. Said payments consisted of $ 35,000.00 paid on January 21, 2005 and $ 15,000.00 paid on March 3, 2005. 23. Installation of the kitchen and butler cabinetry began in the first quarter of 2005 and have not been completed in accordance with the parties' agreement. COUNTERCLAIM 24. The Defendants incorporate paragraphs 1 through 23 of Defendants' Answer with New Matter and Counterclaim as if fully stated herein. 25. Plaintiff has failed to complete the agreed upon work. 26. The following items are examples of work which is incomplete, improperly performed or resulted in damage to the property by Kohl's personnel: (a) Some of the kitchen cabinets, which were to be plywood, are particle board. (b) The custom cabinetry for the kitchen sink, range hood valance and wet bar valance, for which Commonwealth paid additional costs, did not meet the required specifications and were field modified by the Plaintiff resulting in a decrease in quality, value and appearance as compared to other kitchen cabinets. (c) Bathroom mirror cabinetry not yet installed or on site. (d) Several cabinet pieces, included in contract price, were not installed without any adjustment to the contract price. (e) Cabinet set for the wine fridge was the wrong size. (f) Warmer appliance panel not installed. (g) Crown molding above refrigerator not installed as designed per the parties' agreement. (h) Cabinet on wet bar is split, requiring replacement. (i) Damage done to drywall in hallway ceiling by wet bar. 0) Damage to hardwood floors. (k) Paint spill on tinted concrete on porch. (1) Damage to walls resulting from cabinets being moved in and out. (m)Marble counter top hole was not drilled. (n) Glass shelves for the wet bar were not supplied or installed. (o) Gap between upper spice pull cabinet and refrigerator not repaired. (p) Cabinet handles and miscellaneous parts not installed or adjusted. 27. Plaintiff has failed to correct various and numerous errors, omissions, faulty workmanship and incomplete portions of the work to have been completed as per the agreement between Commonwealth and the Plaintiff. 28. The amount paid by Commonwealth Corporation exceeds the amount due to the Plaintiff based upon the work completed to date and after taking into consideration the credits due to Commonwealth Corporation for work not performed according to the parties' agreement. 29. The Plaintiff has not acted in a professional and workmanlike manner in that the agreed upon work was commenced over one year ago as is still not completed. 30. Plaintiff has requested credit against the agreed upon contract price for various items without response from the Plaintiff. 31. Plaintiff has failed to fulfill its obligations under the parties' agreement and has therefore breached the parties' agreement. 32. As a result of Plaintiff's failure to fulfill its obligations the Defendants have incurred various costs and expenses. 33. As a result of Plaintiff's failure to fulfill its obligations in a timely fashion Defendant Delerme has not be able to fully utilize her residence. 34. As a result of Plaintiff's failure to fulfill its obligations in a timely fashion Defendant, Commonwealth Corporation, has not be able to utilize Defendant Delerme's residence to further the work and reputation of Commonwealth Corporation. WHEREFORE, the Defendants respectfully request this Honorable Court enter judgment in Defendants' favor for the following, estimated to be within the arbitration limits, and to be determined after discovery: a) payments made by Commonwealth Corporation in excess of services and materials received from Plaintiff, b) the decrease in value of materials and services received as compared to the custom cabinetry and services to have been received. c) the lost profits from being unable to utilize the Delerme residence for the benefit of Commonwealth Corporation, and d) the lost use of Defendant Delerme's residence by Defendant Delerme. Respectfully submitted, Date: 9114 By: Gary L. othschild, Esquire Pa. Supr. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Defendants 9 Kohl's Building Products 860 Wesley D(. Mechanicsburg, Pa 17055 71T-790.9814 71T-697-0428 I o Suzanne from Karen @ Kohl Building Products Cabinets for kitchen area Brookhill pecan bumished cheny cabinets $72.700.00 Brookhiil Designer gold Moral heirloom $15,838.43 Laurel Bay designer gold Morel heirloom S3.56001 sink base and 1 set of refrigerator door panels Total for kitchen S42,09844 EXTRA tU % OFF $37,888.60 total with tax $40,161.92 Butler's pantry In Black heirloom Brooktlia doorstyle $10,497.64 EXTRA 10%OFF $9,448.06 BEFORE TAX 61 WITI I TAX $10.014.94 TOTAI FOR KITCI IEN AND 81ITLF.R'S PANTRY $50,176.86 Lid KITCHEN INSTA1,0TIQN $2`yUQ.OR l I . boll, I'M GETTING JEFF TO PRICE OUT INSTALLING ITIE BUTLER'S PANTRY r Sincerely, Karen F Hockle//y / ? ??,? 7c2 /-)I o) J ?',, ? rt `U c?' ! „r' c' ? a ?9 i S -- dD? Y Ull M ?M ? F-11 FI:Ql 1 IIC1111?C ? O Cho I A e so-1; of z.z d_ars oii_ _ ,dna?..;lrirnr?irr -uro?r ia.,rrn:E riu? i /-//- 0 (to C0W0kA7 & t8ADa4 0MC13 104701dalm iM P%&Radbla.M19603-9311.610-926-M ) V610-926-0406 COSPOBAr6F6a610A160K aF,4AG waw.lmblbp.m January 11, 2006 Commonwealth Corporation Limekiln Commerce Park 764 Corporate Circle New Cumberland, PA 17070-2349 Attn: Ms. Suzanne Delerme: 1 have spoken to Chad Hartzell, Dale Seymore and iustaller Jeff Fuhrman and to their knowledge the work of Kohl Building Products and Mid Atlantic has been completed. They are still waiting oa the holes to be drilled in the vanity top so the mirror unit can be attached by Jeff. Homeowner is researching warming drawer issue, Jeff will do installation. Kraftmaid is supplying finished end panels for vanity unit which Jeff will install. Jeff is waiting for Medillion and Kraftmaid to get back to him to coordinate vender issues. Items Jeff will try to correct not regularly covered in installation: 1) Jeff to try to install filler strips to fill the open area around warming drawer. Gap occurred due to incorrect size from appliance vendor. 2) Repair base board in wet bar area caused by unsecured rofiigerator, causing drawer to damage when opened. Per Customer wants to do more research. 3) Apply black trim molding under wall cabinets of Butler pantry. Per customer will have her trim people finish. Out of good faith we are requesting payment of $5,917.95 which would be 75% of the open balance listed below: Does not include price of glass insert Original Quote for Kitchen & Butler Pantry $50,176.86 Payment Received 1/21/04 CK #7841 -35,000.00 Payment Received 3/03/02 CK #7956 -15,000.00 Balance Due 176.86 Bathroom Vanity $ 3,213.78 Installation Kitchen & Butler Pantry 3,900.00 Installation Bathroom Vanity 600.00 Per fax from Nyeta will pay one glass insert 101.09 TOTAL DUE $ 7,991.69 MA ER MAHOI OFFICG 6325 Ioe 59eec 5 943 115-3611. 570737 7704 Fag 570.387-n11 100 Maley Ddq M?bsM FA 1 6 717-7909614 Pk 717.69/-0420 417 kda Ian, r0. ae. 310, DaoL3mq & in, 2610 514695-9277 rae 81445-7797 2321rgwad 9"n MmommRk, FA 1 10 570768-3375 Fax 570-34-3970 3433 UNaa POa. Fla9akk OW 1176UtAl 301.695.5135 F*r 301.05.100 Roo11332. P. 0. On 300. beftWeve, FA' 06 57947442/6 for 370.774-5729 100 011 Saws iolrlo PA 15908.291! 114388-Snl Far 814.288.1715 101 Qyp u Rood Svegd16a0. PA 900 570.992-5680 Par 370 992.3420 ^" IV. LVVV J Y)I 11 V L uLVu nv. L /Y I . L /-//_U( ,e) When this payment of $5,917.95 is received, the service charges on the Buffington and Ciccarelli jobs will be removed from your account as agreed. Sales tax issue: Kohl Building Products provided the cabinets which are taxable. Kohl Building Products did not install the cabinets. The installation was dote by Mid Atlantic, a separate company. Mid Atlantic billed Kohl Building Products for the installation in turn Kohl Building Products billed Commonwealth for the installation Therefore, the charging of sales tax on the cabinets was appropriate. Let us know if you have any other concerns, Caryl Hessler, Credit Manager Kohl Building Products 09/30/2006 09:59 7172218566 G.L. ROTHSCHILD, ESO PAGE 02 I verify that the atatemaNs made in this ANSWER, NEW MATTER and COUNTERCLAIM arc true wd correct. I understand that false statements herein are made subject to the penalties of 18 P&C.S. § Date to authorities. (th yx-t,. clonally and as CEO of commonwealth corporation CERTIFICATE OF SERVICE s% I, Gary L. Rothschild, Esquire, do hereby certify that on this day of September 2006, I served a copy of the foregoing ANSWER, NEW MATTER and COUNTERCLAIM by certified first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s): Gary S. Silverman, Esquire 11200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 Gary L. Rothschild, Esquire Pa. Supr. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Defendants ? t'1 j T 7 __ ---1 v'? 'C -rt ?tlJ t, rj ? -) CJ? '.>; y -'t1 ? ? ?,.? }- ??ii `_j N =G .-c ?-. ii rt IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. Plaintiff. : VS. : No.: 06-3482 COMMONWEALTH CORPORATION et al Defendants. : COUNTER-REPLY TO DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM Plaintiff, Kohl Building Products Co. t/a Kohl Building Products Inc. ("Kohl") by and through its attorneys, SILVERMAN & ASSOCIATES CHTD., and Gary S. Silverman, Esquire, hereby responds to the new matter as follows: 1. Defendants filed their Answer with New Matter on September 6, 2006. ANSWER TO NEW MATTER 2. The allegations of Paragraph 16 of the New Matter require no response. 3. The allegations of Paragraph 17 are denied and Kohl demands strict proof thereof. 4. The allegations of Paragraph 18 are denied and Kohl demand strict proof thereof. 5. The allegations of Paragraph 19 are denied and Kohl demands strict proof thereof. 6. The allegations of Paragraph 20 are denied and Kohl demands strict proof thereof. 7. The allegations of Paragraph 21 are admitted. 8. It is admitted that the Defendants made payments on January 21, 2005 and March 3, 2005. All other allegations in Paragraph 22 are denied and Kohl demands strict proof thereof. 9. The project did begin in the first quarter of 2005. All other allegations in Paragraph 23 are denied and Kohl demands strict proof thereof. ANSWER TO COUNTERCLAIM 10. There is no response required to Paragraph 24. 11. The allegations of Paragraph 25 are denied and Kohl demands strict proof thereof. 12. Kohl denies each of the allegations of Paragraph 26, including the enumerated list, and demands strict proof thereof. 13. The allegations of Paragraph 27 are denied and Kohl demands strict proof thereof. 14. The allegations of Paragraph 28 are denied and Kohl demands strict proof thereof. Furthermore, the Defendants have failed to provide any evidence of monetary value of Kohl's alleged failure to perform. 15. The allegations of Paragraph 29 are denied and Kohl demands strict proof thereof. 16. The allegations of Paragraph 30 are denied and Kohl demands strict proof thereof. The Plaintiff, Kohl, has never requested a credit be given to the Defendants. 17. The allegations of Paragraph 31 are denied and Kohl demands strict proof thereof. 18. The allegations of Paragraph 32 are denied and Kohl demands strict proof thereof. 19. The allegations of Paragraph 33 are denied and Kohl demands strict proof thereof. 20. The allegations of Paragraph 34 are denied and Kohl demands strict proof thereof. 21. Plaintiff, Kohl, reserves the right to raise any other defenses as may be appropriate. 22. Kohl objects to the Defendants prayer for relief on the grounds that the Defendant has failed to plead any of the amounts sought with specificity and has failed to provide any evidence of the amounts of monetary damages being requested. WHEREFORE Plaintiff respectfully requests that this Honorable Court dismiss the Defendants' New Matter and Counterclaim with prejudice and award Kohl any such other relief as the Court deems just and proper. 2 Respectfully Submitted, SILVERM, l & ASSOCIATES, CHTD G?ARYS. SILVERMAN PA ar No.:44089 11200 Rockville Pike Suite 300 North Bethesda, Maryland 20852 301-468-4990 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this 2O day of September 2006, a copy of the foregoing Counter-Reply to Defendant's Answer with New Matter was mailed via first-class mail, postage pre-paid, to: Gary L. Rothschild, Esq. 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 3 C? ? d -ra 1`iy(!i ? ? ?? ? _.!_ .c. ??(T ? ? _? _? " - ? ... ?" L? N --t .. y .. ,? 1-• ? ? -?: SHERIFF'S RETURN - REGULAR CASE NO: 2006-03482 P COMMONWEALTH OF PENNSYLVANIA: CbUNTY OF CUMBERLAND KOHL ROOFING & SIDING CO ET AL VS COMMONWEALTH CORPORATION ET AL DOUGLAS RUZANSKI , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DELERME SUZANNE M the DEFENDANT , at 1837:00 HOURS, on the 3rd day of July , 2006 at 4000 GLENFINNAN PLACE MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 12.32 Affidavit .00 Surcharge 10.00 R. Thomas Kline 28.32.? 07/10/2006 SILVERMAN & ASSOCIAT S Sworn and Subscibed to By: r' before me this day Deputy her' of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-03482 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND l l KOHL ROOFING & SIDING CO ET AL VS COMMONWEALTH CORPORATION ET AL 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 COMMONEALTH CORPORATION but was unable to locate Them deputized the sheriff of YORK serve the within COMPLAINT & NOTICE County, Pennsylvania, to On July 10th , 2006 , this office was in receipt of t attached return from YORK Sheriff's Costs: So answer- Docketing ?- Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York COunty 39.91 Sheriff of Cumberland County Postage 2.46 79.37 07/10/2006 SILVERMAN & ASSOCIATES Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore A. D. YORKTOWNE BUSINESS FORMS, INC. Ph. (717) 845-5995 Fax (717) 848-8936 email: ybf@blazenet.net COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 1? SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LWE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Kohl Roofing & Siding Co t/a Kohl Building Products 3. DEFENDANT/S/ Carmonwealth Corporation et al 206)2j OLMcivil 4 TYPE OF WRIT ORtfflA?PLtNTC I C A Notice and Comp) la int SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIEU, AI IACHEU. UK JULU Catmonwealth Corporation 6 ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO. CITY, BORO, TWP. STATE AND ZIP CODE) AT Limekiln Co:mmlercial Park 764 Corporate Circle New CLmlberland, PA 17070 7. INDICATE SERVICE O PERSONAL L3 PERSON IN CHARGE U DEPUTIZE i ERT MAI L3 1ST CLASS MAIL U POSTED -t OTHER NOW June 2 20 {, SHERIFF OF COUNTY, PA, o hereby deputize the sheriff of York COUNTY to execute make return according to law. This deputization being made at the request and risk of the plaintiff.. SHERIFF OF INENCOUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICEO U T OF COUNTY Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. ADVANCE FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE G A R Y S . S I L V E R M A N 10. TELEPHONE NUMBER 11 DATE FILED 11200 ROCKVILLE PIKE, STE. 300, N. BETHESDA, MD 20852 301-468-4990 6/19/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW. (This area must be completed n notice is to be maned) CUMBERLAND CO. SHERIFF SPACE BELOW FOR USE OF THE SHERIFF 00 NOT WRITE BELOW THIS U W 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED t 5 Expiration/Hearing Date or complaint as indicated above. Mil M C G I L L Y C S O 6/23/2006 7 19 2 0 06 16. HOW SERVED PERSONAL W{ - RESIDENCE( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME AMD TITLE OF INDI ID S RVED /LIST ADDRESS H,A?RsE IF NOT SHQYM ABOVE (Relationship to Defendant) 19 ate of Service 20 Time of Service .47 30 Le/? ?lFe sci [% f Z5 ? vnm? 5 ?? o(a 21. ATTEMPTS Oak I Time IlMileA Int. Date Time Miles Int. ate Time Miles Int Date Time Mi I ht Date Time Miles Int. Date Time Miles Int. 22. 23. Advance Costs 24 Service Costs 25 N/F 26 Mileage 27 Postage 28 Sub Total 29. Pound 30 Notary 6.? $100.00 00 L 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary -rt. 38 MilearJPosWgWNot Found 41. AFFIRMED and subscribed to 42 day al JH N T NOTARIAL S?A"-' "-'- LISA L. BOWMAN, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2009 Costs 140 Costs Due or Refund SO ANSWERS 44. Signature of 45. TE -04? nL? C2 30 Dep. Sheriff 46. Signature of Y DATE County t' Sheriff FOR:WILIAM M HOSE,SH RIFF 7/5/06 48. Signature of Foreign 49 DATE 31 $urchg. 132. Tot. Costs) 33 Costs We IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC. 1047 Old Bernville Road Reading, PA 19605 Plaintiff, VS. Civil No: 06-3482 COMMONWEALTH CORPORATION Limekiln Commercial Park, 764 Corporate Circle New Cumberland, PA 17070 and SUZANNE M. DELERME 4000 Glenfinnan Place Mechanicsburg, PA 17055 Defendants. PETITION FOR APPOINTMENT OF ARBITRATORS To the Prothonotary: Please appoint arbitrators in the above referenced case and issue an order setting the case for arbitration. Enclosed please find the $15.00 fee and envelopes addressed to all defendants for the notices of arbitration. Respectfully submitted, & ASSOCIATES, Chtd N #44018 11200 Rockville Pike Suite 300 N. Bethesda, Maryland 20852 (301) 468-4990 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this ( day of January 2007 a copy of the foregoing Petition was mailed to: Gary L. Rothschild Attorney for Both Defendants 2215 Forest Hills Drive, Suite 35 Harrisburg, Pennsylvania 17112 n `mac :?j KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS, INC., PLAINTIFF V. COMMONWEALTH CORPORATION AND SUZANNE M. DELERME, DEFENDANTS AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-3482 CIVIL TERM ORDER OF COURT day of January, 2007, in consideration of the foregoing petition, William C. Kollas, Esq., and James K. Jones, Esq., and Richard J. Joyce, Esq., are appointed arbitrators in the above captioned action. By rt, C L1 Edgar B. Bayley, J. ?"- fly f? rz v KOHL ROOFING & SIDING CO. : IN THE COURT OF COMMON PLEAS OF t/a KOHL BUILDING PRODUCTS, INC.,: CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. COMMONWEALTH CORPORATION AND SUZANNE M. DELERME, DEFENDANTS 06-3482 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2007, the appointment of James K. Jones, Esquire, to the Board of Arbitrators in the above-captioned case, IS VACATED. No V. Otto, III, Esquire, is appointed in his place. ? William C. Kollas, Esquire Chairman v1vo V. Otto, III, Esquire 10 East High Street Carlisle, PA 17013 Court Administrator copioojW By the Court, Edgar 8. Bayl?rq, J: sal .s ?? __ ?y F ,_ ?=.? ? ? ?= a ? ,-? --" ?? `?' - r- - - ?- ?.. ?' ? ?-? ?, F \FILES\DATAFILENiscellaneous\8578.1.kohr.order KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS, INC., Plaintiff V. COMMONWEALTH CORPORATION and SUZANNE M. DELERME, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3482 CIVIL TERM ORDER AND NOW, this day of May, 2007, Christopher E. Rice, Esquire, of Martson Deardorff Williams Otto Gilroy & Faller, is hereby appointed to the arbitration panel for the above- captioned matter to replace No V. Otto III, Esquire, from the same office. Distribution: Gary S. Silverman, Esquire vbary L. Rothschild, Esquire ,/William C. Kollas, Esquire /ichard J. Joyce, Esquire MJeJ copes jr'1I- 07 01P ,JC? ? I = f I1d 01 AM LOU Ai d1? r< ! .i_ `w ? ]'Hi ?Q -,:C11i /<C(-t(- ACN::IaG- /?OSD???6? Cv.7 KiuL gvlLDlw6 ?P,o?G7'.C ANC Plaintiff X01+ N o Uc? f ?- c.Th? ?D o?p? Jf7lc'> so??,ua f n. ? £ Defendant Signature Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. 1 ? Signature Name (Chairman) vzcz-*-s svp i:?FN Aif, oy Law Firm 1S I z- a*-Y? Name e-- Law F' Uo l' rI40CU 014 .,bir a fe c( 2331 Jl grkqk St'- Address Address city, zip city, zip Signature CHI-J,5 fg ? 67. A4 Name 1V1 A0TSonj L D?=ic?S Law Firm ?-h? ?? ST /o e- Address 0hV-61 SLAG', , PW l 703 City, zip Award We, the undersigned arbitrators, having been duly appointed and sworn (or aTIrmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) ©P A-ohPe--At1j7 Ii P- ,yD Foi HC 2? FIC N4?) f+nrM iV o 4D,4,m G-?-s 17t+4' K (tG?T ' . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing:- 6-// -1 /0'-7 Date of Award: In. The Court of Common Pleas of Cumberland County, Pennsylvania No. Oho - 3 Civil Action - Law. (Chairman) z 1 wit4 Notice of Entry of Am,zrd Now, the day of , 20 , at 10J.59 , P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35n, O° By: 1 Prothonotary Deputy fem. ? ?! wl +e..la. S• ?? q,ol pW' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . Kohl (20ofiyi t- Sidi" G. -? Plkifitiff Vs File No. 0 ? - O 3q u Z Civil Term Corn M o n W (a l f-i?? ?gr? • tf ca Defendant NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Koh I I oo1 Yyn + StC4lVx1 appeals from the award of the board of arbitrators entered in this case on M Zo0 "1 A jury trial is demanded (Check the line if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that (1) the compensation of the arbitrators has been paid, or (Strike out the inapplicable clause.) or Attorney of Appellant Note: The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1(b). (b) No affidavit or verification is required. Adopted March 16, 1981, effective May 15, 1981. ? Q i C# 1 14 ?b ? /<MYC A04rtU6- h -<t oit d- Cv. •Of' KU4L QVII-0104 P"WCTs ,JVO Plaintiff G0hM0VWfAtCMi dot/ ,¢,*tr'> -S04-4-PP f M. Dttf-"g Defendant In The Court of Common Pleas of Cumberland County, Pennsylvania No. 0& - 3 ?(-<? Z Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. i Signature A114A-M e. KOu4s Name (Chairman) ILocC/-S AWJ> J-?Fv iuf- J>y Law Firm Perlamd Z. I4YCl.. Name Law F' U04- Fe-ovwolib'r r'*ITItIL( ant Address Address /7* t7oll- cAI:ne All -0# (W// City, zip city, zip ? 1153 * Id30O Award Signature L'NruSroPN? E. ?!?' Name MAoT,sv.? 4.,w o 'ic?S Law Firm /o G?. AV 5T Address OfW?-U 574-e city, zip # 11883 We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded, they shall be separately stated.) O rd- A- 0 h01-A«7 w@ F/ y0 Fo/2 7-H C OCFfNJf-nrFc ,rl u y-?s & o " u 72nC& - Ce -r k vy c iV o p 4,m cis F- ! -rHj c --- . Arbitrator, dissents. (Insert name if applicable.) Date of Hearing: e Date of Award: Signature (Chairman) t Notice of Entry of Am zrd q WE. Now, the day of M&v , 20 , at 1a:59 , P .M., the above award was entered upon the docket and notice thereof given by mail to the parties or their attorneys. Arbitrators' compensation to be paid upon appeal: $ 35n , 00 By: ? dpazie Prothonotary Deputy Cad 6"app ""ir,de,xed- as Pmo- ?d4 e . PRAECIPE FOR LISTING CASE FOR TRIAI, (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next term of civil court. [] for trial without a jury. - ----------- - - ---- - -- ---------------- - -- - -- - - --------------------- - -------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ? Civil Action - Law (] Appeal from arbitration Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. (Plaintiff) VS. Commonwealth Corporation Trials commence on June 29, 2009 and Suzanne M. Delerme (Defendant) Pretrials will be held on June 10, 2009 VS. (Briefs are due S days before preftwb No. 06-3482 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Gary S. Silverman, Esquire Indicate trial counsel for other parties if known: This case is ready for trial. Signed: Print Name: ary S. Silverman Date: March 9, 2009 Attorney for: Kohl Roofing & Siding Co. tta Kohl Building Products Inc. P (other) The trial list willbe called on June 2, 2009 and 4 1 36157 N 0000 O _ c ?:a KOHL ROOFING & SIDING CO., IN THE COURT OF COMMON PLEAS OF t/a KOHL BUILDING PRODUCTS : CUMBERLAND COUNTY, PENNSYLVANIA INC., Plaintiff CIVIL ACTION - LAW VS. NO. 06-3482 CIVIL COMMONWEALTH CORPORATION and SUZANNE M.: DELERME, Defendants IN RE: NONJURY TRIAL ORDER AND NOW, this .31' day of March, 2009, a pretrial conference in the above- captioned matter is set for Tuesday, May 12, 2009, at 11:30 a.m., in the Chambers of the undersigned, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Hess, J. ? Gary S. Silverman, Esquire For the Plaintiff Gary L. Rothschild, Esquire For the Defendants Court Administrator :rlm II __ 3/a ? f vg H RLED-0 ?WICE 2009 MAR 3 I AM I{: 2 6 KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS INC., Plaintiff VS. COMMONWEALTH CORPORATION and SUZANNE M. DELERME, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-3482 CIVIL PRAECIPE TO WITHDRAW DEFENDANTS' COUNTERCLAIM To The Prothonotary: Defendants, Commonwealth Corporation and Suzanne M. Delerme, hereby withdraw their counterclaim in the above-captioned matter and confirm that they have no objection to Plaintiff's withdrawal of its appeal in the above-captioned matter. Respectfully submitted, Date: ? By; Gary Rothschild, Esquire Pa. Supr. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Defendants CERTIFICATE OF SERVICE I, Gary L. Rothschild, Esquire, do hereby certify that on this day of May 2009, I served a copy of the foregoing PRAECIPE TO WITHDRAW DEFENDANTS' COUNTER- CLAIM by fax (301) 468-0215 and first-class mail, postage prepaid, in the Post Office at Harrisburg, Pennsylvania, to the following person(s): Gary S. Silverman, Esquire 11200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 Gary . Rothschild, Esquire Pa. Supr. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Defendants 2 Flt_':> 7? ;y OF TH? 2009 MAY 14 Pii 2: 0 3 KOHL ROOFING & SIDING CO. : IN THE COURT OF COMMON PLEAS OF t/a KOHL BUILDING PRODUCTS INC.: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW V. NO: 06-3482 CIVIL COMMONWEALTH CORPORATION and SUZANNE M. DELERME Defendants. PRAECIPE TO WITHDRAW PLAINTIFF'S APPEAL Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products Inc. hereby withdraws its appeal from the award of the board of arbitrators entered in the above-captioned matter on May 29, 2007. Plaintiff also confirms that it has no objection to Defendants' withdrawal of their counterclaim in this matter. Respectfully submitted, SILVER, & ASSOCIATES, CHTD. Qj4y S. Silverman-4089 1200 Rockville Pike, Suite 300 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 194-day of May, 2009, a copy of the foregoing Praecipe to Withdraw Plaintiff's Appeal was faxed to 540-3512 and mailed via first class mail, postage pre-paid, to Gary L. Rothschild, wire, 15 Forest Hills Drive, Suite 35, Harrisonburg, PA 17112 Silverman, Esquire 1 36157 FILED- ter ?=ICF OF THE P ' }I ['I'-,NOTARY 2009 MAY 18 Pfd 2: 45 Ct F!' ` S al?j-,-v