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HomeMy WebLinkAbout97-00497 8. Denied as stated. MATT was acting in its capacity as agent for Lemoyne Square Associates, not in its own capacity. 9. It is admitted that those change orders in writing signed by Charles Davis were authorized by MATT Corporation, All other allegations are denied. 10. Admitted. 11. Denied. All amounts due have now been paid. 12. It is admitted only that the invoices attached as Exhibit "H" were sent to MATT Corporation. As agent for Lemoyne Square Associates, MATT paid $10,654, leaving a balance of $21,086 due from Lemoyne Square Associates, 13. It is admitted only that the invoices attached as Exhibit "I" were sent to MATT by the plaintiff. As agent for Lemoyne Square Associates, MATT paid $5,000, leaving a balance of $16,288, due from Lemoyne Square Associates. 14. Denied as stated. All payments, with the exception of monies claimed from Lemoyne Square Associates, have been paid by MATT to the plaintiff. with regard to sums requested under the payment for Lemoyne Square Associates, it is specifically denied that MATT corporation or Charlie Davis were the contracting parties, but were simply agents for Lemoyne Square Associates. Accordingly, no funds are owed by MATT or Davis, 15. The documents referred to speak for themselves. No further interpretation is required. -2- 16. It is specifically denied that MATT is in breach of any of the agreements, since it has made payments on all contracts between it and the plaintiff, WHEREFORE, defendants MATT Corporation and Charles Davis request judgment in their favor and against the plaintiff, dismissal of the complaint, and such other relief as the Court deems fair and just. COUNT II (Contractor and Subcontractor Payment Act) Eichelberger v. MATT corporation 17. The averments of paragraphs 1 through 16 above are incorporated here by reference as if set forth in full. 18. Paragraph 18 states a conclusion of law to which no response is required. To the extent a response is deemed necessary, it is denied and strict proof thereof demanded at trial. 19, Paragraph 19 states a conclusion of law to which no response is required. To the extent a rp.sponse is deemed necessary, it is denied and strict proof thereof demanded at trial. 20. Paragraph 20 states a conclusion of law to which no response is required. To the extent a response is deemed -3- necessary, it is denied and strict proof thereof demanded at trial, 21. Paragraph 21 states a conclusion of law to which no response is required. To the extent a response is deemed necessary, it is denied and strict proof thereof demanded at trial. WHEREFORE, defendants MATT Corporation and Charles Davis request judgment in their favor and against the plaintiff, dismissal of the complaint, and such other relief as the Court deems fair and just. COUNT III Eichelberger v. Charles Davis 22. The averments contained in paragraphs 1 through 21 above are incorporated here by reference as if set forth in full. 23. Admitted. 24. It is specifically denied that Davis received money from the owners of the project and strict proof thereof is demanded at trial. 25. Paragraph 25 states a conclusion of law to which no response is required, To the extent a response is deemed necessary, it is denied and strict proof thereof demanded at trial. -4- t . \ 26, Paragraph 25 states a conclusion of law to which no response is required. To the extent a response is deemed necessary, it is denied and strict proof thereof demanded at trial. WHEREFORE, defendants MATT Corporation and Charles Davis request judgment in their favor and against the plaintiff, dismissal of the complaint, and such other relief as the Court deems fair and just. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: April 21, 1997 ~: ' -..-'" r: .. ~_..). :-..J.a,.\..- ste en L. Grose Attorney 1.0. #31006 210 Walnut street P.O, Box 11963 Harrisburg, PA 17108-1963 (717) 255-8052 Attorneys for defendants By -5- '" ~ BICBBLBBRGBR CONSTRUCTION, INC. 124 W..t Cburcb Str..t Dill.burq, PA 17019-0459 IN THB COURT OF COKKOH PLBAB CtlKBBRLAHD COmrrY, PBlDlSYLnHIA v. NO. Q7-'fCl7 C).~ -r~, MATT CORPORATION 1200 camp Bill By-P... Camp Bill, PA 17011 and CIVIL ACTION - LAW JURY TRIAL DBKAHDBD cwuu.BS DAVIS 1200 camp Bill By-P... Camp Bill, PA 17011 NOTICB TO DBPBND You have been sued in court. If you wish to defend aqainst 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 SBOULD TAD THIS PAPBR TO YOUR LAWYER AT ONCB. IF YOO DO HOT HAVB A LAWYBR OR CANNOT AFFORD ONE, 00 TO OR TELBPBONE TUB OPFICB SET FORTH BELOW TO FIND OUT WHERE YOO CAN GET LBGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6200 .. 3. Defendant CHARLlS DAVIS is an adult individual with an address at 1200 Camp Hill By-Pass, Camp Hill, Cumberland County, Pennsylvania. 4. On February 23, 1996, Plaintiff entered into an agreement with MATT to provide alterations to the 12th floor of the Fulton Bank Building, Harrisburg, Pennsylvania. A copy of the agreement (hereinafter "the Fulton Bank Agreement") is attached hereto as Exbibit A. 5. MATT authorized changes to the Fulton Bank Agreement in or about March 25, 1996. A copy of the approved change order is attached hereto as Bxbibit B. 6. On or about February 29, 1996, Plaintiff entered into an agreement with MATT to provide renovations and alterations on the 2nd floor of 4 Lemoyne Square, Lemoyne, Pennsylvania. A copy of the agreement (hereinafter "the Lemoyne Square Agreement") is attached hereto as Bxbibit c. 7. In April and May, 1996, MATT authorized changes to the Lemoyne Square Agreement. Copies of these change orders are attached hereto as Bxbibit D. 8. On March 25, 1996, Plaintiff entered into an agreement with MATT to provide alterations to Suite 215, 20 Erford Road, Lemoyne, Pennsylvania. A copy of the agreement (hereinafter "Erford Road Agreement") is attached hereto as Bxbibit E. 2 9. In May, 1996, MATT authorized changes to the Erford Road Agreement. Copies of these change orders are attached hereto as Bxbibit .,. 10. On June 19, 1996, Plaintiff entered into an oral agreement with MATT for painting at a project with an address at 1521 Cedar Cliff Drive, which was occupied by Cliff Dale Associates (hereinafter "the Cliff Dale Agreement"). The Cliff Dale Agreement required Plaintiff to paint 400 square feet of offices on a time and material basis. The cost to perform the work was $977.50. 11. On April 1, 1996, and July 25, 1996, Plaintiff sent MATT invoices on the Fulton Bank Agreement. Copies of these invoices are attached hereto as Exhibit G. Two payments totaling $12,554.57 have been made by MATT towards the balance due on the Fulton Bank Agreement, leaving an unpaid balance of $11,379.35. 12. On April 22, 1996, June 15, 1996 and July 15, 1996, Plaintiff sent MATT invoices on the Lemoyne Square Agreement. Copies of these invoices are attached hereto as Bxbibit H. One payment of $10,654 was made on December 6, 1996, leaving an unpaid balance of $21,086.00. 13. On June 15, 1996, and July 15, 1996, Plaintiff sent MATT invoices on the Erford Road Agreement. Copies of these invoices are attached hereto as Bxbibit I. One payment of $5,000 has been 3 made by MATT towards the balance due on the Erford Road Agreement, leaving an unpaid balance of $16,288.00. t r I 14. As recently as December 6, 1996, MATT and Davis acknowledged the aforementioned debts and promised that payments would be made in full by December 20, 1996. Despite this acknowledgment and promise, no payments, other than those identified herein, have been made on the aforementioned agreements. 15. The aforementioned agreements require payment within 15 days of receipt of the invoice. 16. MATT is in breach of all of the foregoing agreements because it has failed to make the required payments. WBBRBI'ORB, Plaintiff requests judgment in its favor and against Defendant MATT Corporation in the amount of $49,730.85, plus interest as provided in the agreements and the costs of this action. COUNT :Il: (contraotor and Suboontraotor Payment Aot) Bioh.l~.rq.r v. MATT corporation 17. The averments of paragraphs one (1) through sixteen (16) are incorporated herein by reference as if fully set forth. 18. MATT is a contractor pursuant to the terms of the Contractor and Subcontractor Payment Act (lithe Act") which defines 4 a contractor as a "person authorized or engaged by an owner to improve real property." 73 P.S. 5502. 19. plaintiff is a subcontractor pursuant to the terms of the Act which defines subcontractor as "a person who has contracted to furnish labor or materials to, or has performed labor for, a contractor . . . in connection with a contract to improve real property." 73 P.S. 5502. 20. MATT has failed to pay plaintiff within 20 days after receipt by MATT of Plaintiff's invoices, as required by the Act. 21. MATT has violated the Act. WHBRErORE, Plaintiff requests judgment in its favor and against Defendant MATT corporation in the amount of $49,730.85, plus interest as provided in the agreements, plus a penalty of 1% per month of the unpaid balances due, plus attorneys' fees and the costs of this action. COmIT :In: Bicbelberger v. Charles Davis 22. The averments of paragraphs one (1) through twenty-one (21) are incorporated herein by reference as if fully set forth. 23. Charles Davis is the sole shareholder and officer of MATT. 5 EXHIBIT A EXHIBIT B 2'00 NiORr'fflr'rBIKD, Jll~C. June 3, 1996 Mr. William Eichelberger President ECI P.O, Box 459 DilIsburg, PA 17019 Dear Bill: Per your request, please proceed with the following work on the 12th floor of the Fulton Building, 200 Nonh Third Street, Harrisburg: ITEM #5 of quote dated March 22, 1996 Cabinet and counter top construction Not to exceed $3,926.00 ITEM #6 of quote dated March 22, 1996 Conference room shelving Not to exceed $4,820.00 Should you have any question, please contact me. Sincerely, ~~~k Charles R. Davis C~'&ltcn.11a.t4r ~~ \ ~~ 1200 Camp Hill ByPass . P,O, 30x 901 . Camp Hill, PA 17001.0901 . (717) 737.3003 FAX (717) 761.0578 EXHIBIT C , .- , , .. /' Proposal: 2nd Floor Alterations, Mainstay, !nc, Page 3 of 3 February 29, 1996 ~ ,- r , o ACCEPTANCE OF PROPOSAL. The prices. specifications and conditions are satisfactory and are hereby accepted, You are authorized to do the work as specified, Payment will be made as outlined above, PLEASE sign and return one [1] copy of this proposal if we are to proceed with this work, Signature Date . , , ., MATT Corporation . 1200 Ctmp Hill ByPus / P.D, Bex 901/ c'mp rlo'l, PA 17001,0901 / (7171 737.3003/ FAX 17171 761-cS7a ~ April 4, 1996 Mr, William Eichelberger, President Eel P,O, Bo" 459 Dillsburg, PA 17019 Dear Bill: Enclosed is authorization to proceed with workin~ 4 Lemovne Square and 20 Erford Road (Second Floor). Additionally I have enclosed a copy of the authorization to proceed on the Third Floor of20 Erford Roac!. Should you have any questions. please contact me. We look forward to working with you on these projects. ~~ Charles R. Davis CRD~lw Enclosures ,.d.,;"D ~ /.~ i...a~: ....;. ,IMI I ,.,_,..... CI,_I .. "1_..:.'..... J -- , /' / MATT Corporation ., - , r 1200 C'nlll Hill BIP,,, I P.O. Box 9011 Camp Hill, PA liOOl,C901/17l717J7.JOOJ I FAX (7111 761.0578 FAX MEMORANDUM TO: FROM: DATE: " /// /f1'/ r SUBJECT: .' /. . {:/l.'l --. ",(. , ,/,/'/111 ,- ' , If /;'1 ~' /:,.,'j(J /" S' f"".ftJI' 1"/ //;,' I I (.,' ..~.....--;--... . /_ , I J tB . ) P' No. 0 I'~gcs: 0 / (IncludinG cover !hc::l) / r-. FAX 110.!22:6;~.s CONFIDENTIA.LlTV NOTE .. nus MESSAGE IS INTENDED FOR TIlE use OF TIlE INDIVIDUAL OR EmTI"Y TO WHICH IT IS ADDRESSED, AND MAY CONTAll'lINFOltMA TION nus IS PRIVILEGED, CONFIDENTIAL M':O EXEMPT FROM DISCLOSURE UNDER APPLlCADLE LAW, IFTIIB READER OF nus MESSAGE IS NOT THE INTENDED RECIPIENT. OR TIlE EMPLOYEE OR AGaNT RESPONSIBLE FOR DELIVERING 11IE MESSAGE TO 11ffi INTEND~D RECIPIENT, YOU ARE HEREBY NOTIFIED TI-lA T ANY DISSEMlNA TION, DISTRlBIITION OR COPYING OF THIS COMMUNICATION IS STRICTI. Y PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUN1CA nON IN ERROR, PLEASE NOTlfoY US IMMEDlA TEL Y BY TELEPHONB AND RETURN TIlE ORIGINAL MESSAGE TO US AT TilE ADOVE ADDRESS VIA TIlE UNlTED STATESPOSTALSERVIClL.., TIlANK YOU, !, HISTacounT Exhibit 0 No, 6303 . ~tiJ - - - \t,\N,\(ji"l) l.:.\RE ME~lORA."IDUM Date: April 16, 1996 From: Jeanne Shaifer To: Tuck Davis Subject: Additional Light Switches Please use this letter as authorization to allow Eichelberger Constnlction, Inc. to install individual light switches in each office on the Comiort Care side of Mainstay's new suite. Main...;tay will be responsible for the additicnal cost of labor ~Uld material :'or the ~"Witches, Please feel free to contact me if you should have any questions or concerns, Thank you, J3~ cc: William p, Eichelberger, President Eichelberger Con..~ction, lnc, ?XrtSG / WORK AUTHORIZATION ... ..ft_ ... . .."'. ElCBELBEllGEll CautmctlolJ Inc. 54 Old Yorl< Road, P,O. Box 459 . Dillsburg, PA 17019.0459 Phone: (717) 432'0864 . Fax: (717) 432-0945 '- ~ 'I ~-r " (1vmfJ ff~ /~ /7c1/1 .OB NAME ,lN0 LOCATION 7/1-7.3/- -'//d OAT~ PHONE I ;OBNUMBER 9'~.3(o 1~~~4 ,;;r;:cr= ;~;4tJ /YZL/dd'.-o/ /0~(/L/d h~/.//1?/;'/.?7TmA ~ t(j) ~ fA.tJ7U. :5./b~f .;4~: ~_ - I/O i/ /6(/ ~~d2f;/ ~RlJ~i'~<1 / - ;P-.to ~A~~ c?~~d7r/~ /A./Lt/:p';;;;;'2<a~ a-~..J' /.//.dj2 6/~,d-~~ v u ,77 / - /Ir} i//S 4r,fl I~d dJA/ i:ESCRIPTION CF WORK AUTHORIZED: 'AC ~~-f/j..if::r r 5Tdf WE AGREE hereby 10 make changes as specified above, on lime and malenal basis, EXHIBIT E r, EXHIBIT F , ~ " , t ~- ~ ',-, .-..> , I c...- .... . ... . ..... ZlC:fE]'E:E~11J1J1 ~,)n3t1lJI:tij]n 1m:, 124 West Church Street, P.Q, Box 459, Dillsburg, PA 17019-0459 Phone: (717) 432.0864 Fax: (717) 432.0945 May IS. 1996 Man Corponuion 1200 Camp Hill Bypass P.O. Box 901 Camp Hill. PA 17001.0901 Atln: Charles Davis Rei: Suile ~ IS Alterations Landmark Re:1lty 20 Eriord Road Ltmoyne, PA Dear ~lr. Davis: As per your requesl, iollowlng is our pricing to provide the new emrance door and side lite for L.lIldmark Re:1lty, :-<ew emrance door, frame. and lire lite glass. Firelite glass is figured for Sidelite and IWO each lite kits in "'ood door. Price is based on reusing existing hardware. Any painting. waJlcovering, llooring. or base which iDay be necessary is not included. For the sum of: Five Thousand Seven Hundred Thirty-Three Dollars and:-lo Cents......,.(SS,733.00) Ontlon ~I: If wire glass is used in lieu of Firelite glass....Deduct - 53.983.00 Please advise if we are to proceed with any oi the above work as soon as possible. :-Iote: Harrison & Grass has stated they want clear glass to meet code, If you have any questions or :1eed any funher informanon. ,iease do not hesitate to comact this oifice. Sincerely, ..- 11~ /if~:m p, Eichelberger - Pmident WPE:mab/man,#20 :( - . WORK AUTHORIZATION Rft. .... ..... EICHELBERGER Construction Inc. 54 Old York Road, P.O. Box 459 . Dillsburg, PA 17019-0459 Phone: (717) 432-0864 . Fax: (717) 432-0945 t , , ~ CHANGE ORDER NO. DATE PHONE JOB NAME AND LOCATION f"1 ,~ ..::, (./1 't:: ;.2/0 .4 DESCRIPTlcn:>I'OF WORK AUTHORIZED: -' 1'At.~~~ ~Ju" ...22/)' . Q/Ar<;Lvfr::"/1UL ffuJ /41M./)) b~ /;)f1 /7 Ill') /~~^I~JZ; ~~~~;;=:,~~:~A/~ ~ ~ ~. .A/l/,#/t/ .:;;:t.. c2L-<. f:-p' :--::.:1 /J?'cb?;' ,if -:::2 -;f/ A.'tZ1LJ hi .?-{di7l ~. fl./1.('V1 (l};d/#/~ , /JZL,t;i//J'h , / ~-:..I./;, ~?f v WE AGREE hereby 10 make changes as specified above, on lime and material basis. HlSTacoUnT Exhibit G No. 6303 _ft_ ... ". --- EICH~f1!!BGEB Construction Inc. 54 Old York Road, P.O. Box 459, DiIIsburg, PA 17019.(J4S9 Phone: (717) 432.(J864 Fax: (717) 432.(J945 WPE [01-/019 J . r I tft~~.jVO:C:::ftt 'Aj~ ::~PCnAj::~ ::....c::::: .. . :Ji9 ::';VO:C!' ~Aj, .J4/~1..06 :~: ::; :6c~" F~L7:~ ?~~iK 3L~5." ~27H rtoR ;= :~57~~E~ '.=./;~3 , : ~AR!~ C=G~Eii~ ?AY~E~T ;E;~S : ~E; :s :AYS- ADD I.~l EA.,' DY :,~8 :~~p ~:t~ =Yr~Si ,) .~, ;01 :6~ ~n~P ~itL, =4 ;~~ai-19~1 ~:;::::::==:::::::::===::::::::::::===::::::::::=:::::::::::::::::::::::::::::::::::::::::::::::::::::::=::::::::::::::::::::==::::: :::::~:n;:~l ~;'\Q~:,j :::::::::::::::::::::::::::::::::::::::::::::::::::::::=:::::::::=:=::::::::::::::::::===:::::::::::::=::=::=::=====:::::::::==::::: ~L7E~~;:::;S "J ~~~~CI:~A7~L'r :~~d :~ ~~~ ~:;: :;.:~ :'..:::::r _ :'..~..:.: :L:3 ~: ==, ::~~~~~L :::.:;3.JB ~~~t~ :~Y~~l~ :~Ej:; .CeD :~S: ,uvu i:"~;~ <AI.. ~C~'C : :~: ..~LL - ,47.Jd 316.J8 6t8.J8 'q.3~ -------.-------..--------------------------------------------....-------------..---..-----..-------------------------------------------- ..~;~~ ~~C~~7 :y; ::..~::;.~J ?L:.;SE ;E7~rtH ::?'! .., ::~',I:::;.,.... ,~~~ .:~n:Ei~i -:~;':Jt ,,.... ,. x HlSTacOIJnT Exhibit H No. 6:>03 ./ ..1I1fI. ... . ....,. EIC"';~BF.RGER CnQslUII:lhm 1m:. 124 West Church Street, P.O. Box 459. Dillsburg, PA 17019.0459 Phone: (717) 432-0864 Fax: (717) 432.0945 'l'C~ "'IWOICE'" LE"OYNE sPUARE ASSOCIAIES C/O "All CORPORAl ION p.O. eOI 991 CMP HILl. PA. 17AeH7~1 !S'iOICE t : 1m I~VOICE ~AIE : 1\/1~;7\ ECI Joe: 9636 - 1~iD fL~. ALIER,- ~AllISjAY, I~C custom ?,O./Jee t , \ (('OlliE SO'WE fm-E~il lER~s : !;ET IS ms- ADD 1.5\ EA,:! DY :::::::::::::::::::::====::::=:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: DESCRIPTION A~~IPlT :22:::::::::::==:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ALlERAIIDNS TO eND fLOOR OF 4 LE"OYNE SQUARE AS H~ "DPOSAL AND HR ~EYISED DRA~I::" ADD "ERILLAI 'AYIA' CAetHEIS ADD DOOR I VALL 10 SUPPLY RDQ" ADD ELECIRICAL YORK- I L " 8.513.A' 1.132," 581,FA A,IA -----.----------.----------.----.--------....---------------------.-.-------.------_...._-._------_....-.----._-----_..------------- TOtAL Ar.OUill [IUE 11~~B6.~~ ** PLEA,E ~EIURN COpy OF INVOI[E YIIH YOUR rAYME~1 rHe~K 'fCIJ ** This invoicing is for orignial contract amounts. Remaining T & M items will be invoiced when all costs are available. HlSTacounT Exhibit I . No.6JOJ '1 ~ ~ ;J"" . .. t1 Qo;.\I' i: ('J - - ~ i c'. N)::t- IllI L .. ~ t) ~~ \S)r~:' : C, .. ~~ '""": e. 0 L. I eo t" ( c;:) ["- : 6 I . I' - :j- -n ~ ;~.. ~ ~ c' :...) N ~~ld ",:Sll!- ~~lii~~ ~l"t::-- ollGj\:i!~13 ~~~;;t~ ~I:i:i~~ a:<N~ , , . PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten alld submillcd ill duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUN1Y n UJ 0 (": -J ".. ~ 1>> :-;J "'tJll. c= ....... rT'l c. c;l ;~"l~ ~! ;;r,~ .c.- r.) ".- ',l"J ;:....... -0 -:!J ~ ...,. .~)- ( X) lor trial without a jury. :::~..' - ;.;f,~ . ' r.' 'J ..................................................................................................................................................;:f.{::.......rr;........-. Z) N ;r;:; :;:. (t) :< Please list the following case: (Check one) ) for JURY trial at the next lerm 01 civil courl. CAPTION OF CASE (entire caption must be stated in full) (check one) (X J Assumpsit EICHELBERGER CONSTRUCTION, INC. 124 West Church Street Dillsburg, PA 17019-0459 Trespass Trespass (Motor Vehicle) (Plaintiff) (other) vs. MATT CORPORATION 1200 Camp Hill By-Pass Camp Hill, PA 17011 The trial list will be called on _.Qctober_1,4!_1997 and ______.__ _ _________ __._ ___. . (Defendanl) Trials commence on _ November 10_~9L____ Pretrials will be held on_Oc~,:~~~_2_2~~~97_ (Briefs are due 5 days before pretrials.) vs. CHARLES DAVIS 1200 Camp Hill By-Pass Camp Hill, PA 17011 (The party hstillg this case lor trial shall provide lorthwilh a copy 01 the praecipe to all counsel. pursuant 10 local Rule 214.1.) No. ,_.~9!. Civil - Law _ ._ 1997. Indicate the allorney who will try case for the party who liles this praecipe: Theodore A. Adler, Esquire Indicate trial counsel for olher parties if known: _ Stephen A. Grose, Esquire This case Is ready lor trial. Signed: h~/ /. -',- ---. Print Name: Date: Allorney for: