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Home My WebLink About02-3946 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. t/a KOHL BUILDING PRODUCTS Plaintiff WEST PENN BUILDERS & ........... $, INC. and ALAN LEVENSON Defendants No.: 0.2-ovgq/ .NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS FOR CUMBERLAND COUNTY, PENNSYLVANIA KOHL ROOFING & SIDING CO. tYa KOHL BUILDING PRODUCTS as Assignee of Jones & Brown, Inc. 1047 Old Bemville Road Reading, PA 19605 Plaintiff, : VS. WEST PENN BUILDERS & REMODELERS, 1NC.': 515 Lakewood Drive Monroeville, PA 15146 Civil No: (2~.7~ - Serve: Alan Levenson 515 Lakewood Drive Monroeville, PA 15146 and ALAN LEVENSON 515 Lakewood Drive Monroeville, PA 15146 Defendants. COMPLAINT Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products, by and through its attorneys, Silverman & Associates, Chtd., and Gary S. Silverman, Esquire, hereby brings this action against Defendants and states as follows: Parties 1. Plaintiff Kohl Roofing & Siding Co. t/a Kohl Building Products ("Kohl") is, and was at all times relevant hereto, a Pennsylvania corporation with its principal office at 1047 Old Bemville Road, Reading, PA 19605. 2. Defendant West Penn Builders & Remodelers, Inc. (hereinafter "WPBR"), is and was at all times relevant hereto, a Pennsylvania corporation with its principal place of business office at 515 Lakewood Road, Monroeville, PA 15146. 3. Defendant Alan Levenson (hereinafter "Levenson"), is, and was at all times relevant hereto, a Pennsylvania resident. Facts Relevant to All Counts 4. On or about October 10, 1995, WPBR entered into an agreement with Jones & Brown, Inc. (hereinafter "J&B") to purchase building supplies. WPBR purchased building supplies from J&B on open account. 5. On or about September 10, 2001, J&B and Kohl executed a Bill of Sale, General Conveyance and Assignment Agreement, in which J&B sold its Johnstown Division to Kohl. The purchase included, inter alia, the account receivables listed on Schedule B of the Agreement. At the time of the sale, one of the accounts receivables was an outstanding amount due by WPBR totaling $19,840.00. A copy of the Bill of Sale, General Conveyance and Assignment Agreement is attached hereto as Exhibit A and incorporated herein by reference. 6. Prior to the sale of building supplies by J&B to WPBR, Levenson executed a Guarantee and Suretyship Agreement ("Guarantee") wherein he agreed to be held personally liable for the account of WPBR in the event of default or nonpayment by WPBR under the Agreement. A copy of the Guarantee is attached hereto as Exhibit B and incorporated herein by reference. 7. Pursuant to the terms of the business credit application, Defendants agreed to pay interest in the amount of eighteen (18%) percent per annum on the unpaid balance of any account thirty (30) days past due. On all matters referred to an attorney for collection, Defendants agreed 2 to pay ten (10%) percent of the total sales price or the actual amount billed, whichever is greater, for attorneys' fee, plus costs and disbursements. COUNT I (Breach of Contract against Defendant West Penn Builders and Remodelers, Inc.) 8. Kohl incorporates paragraphs 1 through 7 in this Count I as if fully stated herein. 9. At the request of WPBR, J&B provided building supplies to WPBR on an open ~ccount and sent invoices demanding payment. 10. WPBR failed to pay J&B the principal amount totaling twenty nineteen thousand eight hundred forty and 00/100 dollars ($19,840.00). J&B assigned this receivable to Kohl as part of the sale of the Johnstown Division. 11. Kohl demanded payment fi.om WPBR. Tree and accurate copies of the Statements are attached hereto as Exhibit C and incorporated herein by reference. 12. Despite due demand for payment by Kohl and full performance by J&B, WPBR has failed to pay the amount owed to J&B and assigned to Kohl. 13. As a result of the failure of WPBR to pay the sums due, Kohl has sustained damages in the following amounts: (a) (b) (c) (d) principal in the amount of $19,840.00; interest from October 31, 2001, until paid at the rate of one and one-half percent (1 1/2%) per month; attorneys fees in the amount of $1,984.00; and costs of this action. WHEREFORE, Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products judgment against West Penn Builders and Remodelers, Inc. as follows: (a) principal in the amount of $19,840.00; (b) (c) (d) interest from October 31, 2001, until paid at the rate of one and one-half percent (1 1/2%) per month; attorneys fees in the mount of $1,984.00; and costs of this action. 14. COUNT II (Breach of Personal Guara'ntee against Defendant Alan Levenson) Kohl incorporates paragraphs 1 through 13 in this Count II as if fully stated herein. 15. At the request of WPBR, J&B provided building supplies to WPBR on an open account and sent invoices demanding payment. WPBR failed to pay J&B the principal amount totaling nineteen thousand eight hundred forty and 00/100 dollars ($19,840.00). J&B assigned this receivable to Kohl as part of the sale of the Johnstown Division. 16. WPBR defaulted on its Agreement to pay J&B and a principal amount totaling nineteen thousand eight hundred forty and 00/100 dollars ($19,840.00) remains due and owing to Kohl the assignee of the receivable from J&B. 17. Despite due demand for payment by Kohl and full performance by J&B, guarantor Levenson has failed to pay Kohl the sums due and is in breach of his Personal Guaranty. 18. As a result of the breach of the Personal Guaranty by Levenson, Kohl has sustained damages in a sum equal to the outstanding balance which is due from West Penn Builders & Remodlers, Inc. which is as follows: (a) (b) (c) principal in the amount of $19,840.00; interest from October 31, 2001, until paid at the rate of one and one-half percent (1 1/2%) per month; attorneys fees in the amount of $1,984.00; and 4 (d) costs of this action. WHEREFORE Plaintiff, Kohl Roofing & Siding Co. t/a Kohl Building Products ]emands judgment against Defendant Alan Levenson as follows: (a) principal in the amount of $19,840.00; (b) interest from October 31, 2001, until paid at the rate of one and one-half percent (1 1/2%) per month; (c) attorneys fees in the amount of $1,984.00; and (d) costs of this action. Respectfully submitted, SILVERMAN & ASSOCIATES, CHTD. Suite 908 N. Bethesda, MD 20852 (301) 468-4990 Attorney for Plaintiff 5