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Home My WebLink About01-4560Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lcmoync, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs COMPREHENSIVE TEST & BALANCE, INC., Plaintiff V. C.K. MECHANICAL CONTRACTORS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NOTICE TO DEFEND To the Defendant: 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 defense 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, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs COMPREHENSIVE TEST & BALANCE, INC., Plaintiff V. C.K. MECHANICAL CONTRACTORS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW AND NOW, th~s .2,9 day of July 2001, comes the Plaintiff, COMPREHENSIVE TEST & BALANCE, INC., by and through its undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff is Comprehensive Test & Balance, Inc., a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 55 Park Drive, Dover, York County, Pennsylvania 17315. 2. Defendant is C.K. Mechanical Contractors, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal place of business located at 2715 McCoy Street, Williamsport, Lycoming County, Pennsylvania, 17701. 3. On or about September 24, 2000, Plaintiff submitted a bid proposal to Defendant to perform testing, adjusting, and balancing of the heating ventilation and air conditioning system (HVAC system) for the amount of $3,090.00, as part of a construction project at Our Lady of Lourdes Parish located at Salt Road, Enola, Cumberland County, Pennsylvania, a copy of which bid proposal is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. By purchase order dated October 27, 2000, Defendant accepted Plaintiffs bid proposal to perform the HVAC system testing, adjusting, and balancing for the amount of $3,090.00, a copy of which purchase order is attached hereto, incorporated herein by reference, and marked as Exhibit "B." 5. The purchase order specifies net payment within thirty (30) days of completion of the work. 6. Plaintiff performed the HVAC system testing, adjusting, and balancing in a complete and workmanlike manner. 7. By invoice dated November 20, 2000, Plaintiff billed Defendant for the contracted HVAC testing, adjusting, and balancing in the amount of $2,781.00, which represented the contract amount of $3,090.00 less ten percent (10%) retainage withheld, a copy of which invoice is attached here incorporated herein by reference, and marked as Exhibit "C." 8. Plaintiff has repeatedly demanded payment of the total contract amount of $3,090.00, but Defendant has wholly neglected and refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendant for the sum of $3,090.00, with interest from November 20, 2000, and costs. :148046 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER By:_ Micha/I / Cassidy Attorrfe,,~/I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff I, TODD W. WALTER, President of COMPREHENSIVE TEST & BALANCE, INC., verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A {}4904 relating to unsworn falsification to authorities. .Jum 07 O1 05:lBp Todd Wal%er Comprehensive Test & Balance, INC. 55 park dr. Dover, Pa. 17315 717-938.8196 Phone 717-932-0277 FAX BID PROPOSAL DATE :9/'24/00 CONTRACTOR: CK MECH. OWNER: ATTN: KEN FAULKNER JOB LOCATION: ENOLA PROJECT: BID RATE: H~BG. OUR LADY OF LOU DES ...NEW EDUCATIONAL BLDg. FOR R~FLECTED WORK'--- THE FOLLOWING PRICE WILL COVER TESTING ADJUSTING AND BALANCING PORTION FOR ABOVE PROJECT. REPORT WORK DONE. COST $3 090.00 $3,090.00 COMMENTS: CALL ME KEN. .,..3un 07 O1 05:16p Todd Walter 717-S32-0277 ~ 10 27 2 O~e ~ : 10/30/2000 Terms Price Unit 3090.000 3090,00 p.4 !. u~ _ Cople~ Of your Invoice · - -,., ~em omer Oy the date 3090,01~ ,Jun D? O1 05:16p Todd Walter COMPREHENSIVE TEST & BALANCE, INC. 55 PARK DRIVE DOVER, PA 17315 71%938-8196 BILL TO CK MECH ACCOUNTS PAYABLE 2715 MCCOY ST WILLIAMSPORT, PA 17701 MAIL TO CK MECH CHUCK KNAUFF 2715 MCCOY ST WILLIAMSPORT, PA ! 7701 TERMS 2% 10 Ncr 30 PROJECT 00-50 LADY O? LOURDES DESCRIPTION -r TESTING, ADJUSTING, AND BALANCING WORK COMPLETED TO DATE. PRELIMINARY REPORT WORK COMPLETED. LESS 10% RETAINAGE HELD &.pon ~1 .~.len ~-/o .~:.z5-5'7 o P.O. NO. 194016 AMOUNT 3,090.00 -309.00 APPROVED BY Total S2,781.00 SHERIFF,s RETURN - CASE NO: 2001-04560 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND C__OMPREHENSIVE TEST & BA___~CE _ VS C K MECHANICAL CONTRACTORs INC OUT OF COUNTy R. Thomas Kline duly SWorn according to law, and inquiry for the within named DEFEN_qDAN~T C K MECHANICAL CONTRACTORS INC~-- ~ but was unable to locate ~he~m in his bailiwick. deputized the sheriff of LYCOMING County, serve the within COMPLAINT & NOTICE Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: He therefore Pennsylvania, to attached return from LYCOMING Sheriff,s Costs: Docketing Out of County Surcharge Lycoming County 18.00 9.00 10.00 23.50 .00_ 60.50 08/14/2001 Sheriff of Cumberland County JOHNSON DUFFIE STEWART Sworn and subscribed to before me this _~,~ day of _~/~ ~ ~ _A.D. SHERIFF ' S RETURN - REGULAR CASE NO: 2001-04560 T ~9~9~NWEALTH OF PENNSYLVANIA: CO~.nE~SIVE ~.ST ~ ~KLANCE VS ~. K. MEOHANIOAL ~ONTRA~TORS DONALD L. COHICK JR. ,Sheriff or Deputy Sheriff of Lycoming County, Pennsylvania, who being duly SWorn according to law, says, the within COMPLAINT was served upon C.K. MECHANICAL the DEFENDANT , at 0002:27 Hour, on the _6t~ day of Au~st , 2001 at 2715 MCCOY ST - -- WILLIAMSPORT, PA 17701 JIM SMITHGALL__, SERVICE MGR. a true and attested copy of COMPLAINT by handing to together with and at the same time directing ~is attention to the contents thereof. Sheriff,s Costs: Docketing 9.00 Service Affidavit 9.00 Surcharge 2.50 .00 Mileage 3.00 23.50 REFUNDS51.50 Sworn and subscribed to before me this ~ day of I 4, ofco ] [ ,,.~2ma~ ~miq Cq J L~y ~m~ ~pi~ Jan. 2, ~J So Answers: In The Court of Common Pleas of Cumberland County, Pennsylvania Ccmprehensive Test & Balance Inc. VS. C.K. Mechanical Contractors] Inc. SERVE: C.K. Mechanical Contractors, i~6._..01 4560 civil Now, __ July 31, 2001 _, I, SHERIFF OF CLrlV[BERLAND COUNTY, PA, do hereby deputize the Sheriff of Lycamin9 County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service NOW, ., 20 , at o'clock _ M. served the within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this _ _ day of Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA of 2001, judgment is entered in favor of Plaintiff, Compr directed above, ce, Inc., and against Defendant, C.K. Mechanical Contractors, Inc., as Prothonotary Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 76~4540 Atromeys for Plaintiffs FILE COPY COMPREHENSIVE TEST & BALANCE, INC., : Plaintiff : : ¥. .. C.K. MECHANICAL CONTRACTORS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW To: C.K. Mechanical Contractors, Inc. Date of Notice: August 28, 2001 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OB"JECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A .JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD I~O~"~"I~""~.Oo~%~T~.~"O.~T~"CE. 'F YOU DO "OT "AVE A LAW~ GET LEGAL.E.p. .E FO'LOW, NG O~F,OE TO F,.D OUT Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvan/a 17013 Telephone: (717) 249-3166 :149461 JOHNSON, DUFFLE, STEWART & WEIDNER Uicha~'~ Ca~dy~ ' Attorn~fl.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiffs CERTIFICATE OF SERVICE AND NOW, this ~day of September 2001, the undersigned does hereby certify that he did this date serve a copy of the foregoing PRAEClPE upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: C.K. MECHANICAL CONTRACTORS, INC. 2715 McCoy Street P.O. Box 3554 W#1iamsport, PA 17701 JOHNSON, DUFFLE, STEWART & WEIDNER Mich~/J. Cassidy Comvrehensive Test & Balance. Inc. VS. C.K. Mechanical Contractors. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Writ No. Term, 20 No. 04560 Civil Term, 20 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY OF SAID COLrRT: Please issue WRIT OF EXECUTION in the above matter, ( 1 ) Directed to the Sheriff of Lvcoming County, Pennsylvania; (2) Against (3) and against ¢,[q, MECHANICAL CONTRACTORS. INC. 271~ M~Coy Street. P.O. Box 3554. Williamsport. PA 1~701 NORTglI~RN sTATE BANK 120 West 4th Street. Williamsport. PA 17701 Defendant (s)-;' Garnishee (s); (4) and index this writ (a) against (b) against C.K. MBCHANICAL CONTRACTORS. INC. ~71~ McCoy S,treet. P.O. Box 3554. Williamsport. PA 17701 Defendant (s) and NORTHERN STA~E BANK 120 Wegt 4t~ Street. Williamspork PA 17701 Garnishee (s), as a lis pendens against the real property of the Defendant (s) in the name of the Garnishee (s) as follows: (Specifically describe property) Levy upon and sell all personal property of the Defendant, C.K. MECHANICAL CONTRACTORS, INC.,, including, but not limited to, all tools, equipment, furnishings, funds, accounts, and other personal property of C.K MECHANICAL CONTRACTORS, INC., located at 2715 McCoy Street, Williamsport, Pennsylvania 17701. Attach all funds and accounts of the Defendant, CK. MECHANICAL CONTRACTORS, INC., on deposit with NORTHERN STATE BANK, 120 West 4th Street, Williamsport, Pennsylvania 17701, including, but not limited to, those funds held in Northern State Bank Account No. 031318596 0110003761. (5) Date: :149984.2 Amount Due $ 3.275.40 Interest From 09/12/01 $ 1.08 Costs $ 15.50 Michael J. ~)fidy, Esquire Johnson, 13~ffie, Stewart & Weidner P.O. Box 109 Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Attorney for Plaintiff . - WRIT OF EXECUTION and/or A~I'ACHMENT NO. 01-4560____ _CIVIL TE~ coMMONWEALTH OF pENNSYLVANIA) CIVIL ACTION- LAW couNTY OF CUMBERLAND) coUNTY: TO THE sHERIFF OF L ccmin . _ ~ehensive Test & Balance, In_cc. To satisly the debt, interest and costs oue ....... __pLAiNTIFF(S) ..... ~~ 2715 McCo Street, pO.BOX 3554, willia~sport, ~ ~- Mec~ica£ ~on~L~u~ ...... from PA 17701 ~DEFENDANT(S) · err ot the defendant(s) and to seil__I~' ~ (1) You are d~rected to levy upon the pro.p Y .... ~- ,~,-,~- 1 Lmited 11 ~ e i .ent . ~~ ~e~ar t(~) r ct levied u~n in the ~ssession ol ~ u are also d,rected to affach the prope~y o~ __ ~t with No~he~ State ~k, 120 (2) YO ~ts of ~fe~ u~ ~--- ~ Attach a~ f~s ~d acco West 4th st~t, Willi~rt' PA 17701 ~clud~g ~t not l~it~ to, those f~ds ~ ~r~e~ State ~k Accent No. 031318596 0110003761 GARNISHEE(S) as lol~ws: a~ to ~t~y the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(S) igare enjoined l~m payi~ any debt to or lot the a~U~ ol the dete~ant(s) and lrom deliveri~ any prope~y ol the dele~a~(s) or othe~ise dis~Si~ I' hment is lou~ inthe ~ess~n ot anyone other ther~, . ...... , ~,~vied u~n an subje~ to a~ac ......... ,n~hee a~ is en~ln~ as a~ve ~"'~"5~.;~e~ -ou are direct~to nobly m~-~,, .... · L.L. $3,275.40 A~Um Due_ Interest f~ 9/12/01 - $1.08 ~ Due Prothy~.~ Other Costs Atty's Corem ~ Arty Paid ~ Plaintitl Paid_ Sept~ber 18, 2001 Date: Curtis R. Long Prothonotary. Civil Division REQUESTING PARTY: Address: ~ ~ Lemoyne, PA 17043-0109 A~orney tot: plaintiff Telephone: ~717-761-4540 Supreme Court ID No. 82164 Johnson, Duffle, Stewart & Weidner By: Michael J. Cassidy I.D. No. 82164 301 Market S~'¢et P. O. Box 109 Lemoyn¢, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs COMPREHENSIVE TEST & BALANCE, INC., Plaintiff C.K. MECHANICAL CONTRACTORS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4560 Civil Term CIVIL ACTION - LAW ORDER TO MARK JUDGMENT SA TISF!~=_~ TO THEPROTHONOTARY: Please mark the judgment in the above-captioned matter satisfied of record. Dated: :150753 Respectfully submitted, JOHNSON, DUFFLE, STEWART & WEIDNER Micl}a,ef J. Cassidy - Attohtey I.D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPREHENSIVE TEST & BALANCE, INC., Plaintiff VS, C.K. MECHANICAL CONTRACTORS, INC., Defendant VS. NORTHERN STATE BANK, Garnishee No. 01-4560 CIVIL ACTION RESPONSE TO INTERROGATORIES IN ATTACHMENT 1. C.K. Mechanical Contractors, Inc. has two (2) deposit accounts at Northern State Bank bearing number 110003753 with a current balance of $5,901.27 and account number 110003761 with a current balance of $5,351,66. 2. See answer to interrogatory number 1 above. 3. See answer to interrogatory number 1 above. 4. See answer to interrogatory number I above. 5. See answer to interrogatory number 1 above. 6. See answer to interrogatory number 1 above. 7. See answer to interrogatory number 1 above. 8. See answer to interrogatory number I above. 9. See answer to interrogatory number 1 above. 10. See answer to interrogatory number 1 above. 11. See answer to interrogatory number 1 above. 12. See answer to interrogatory number 1 above. 13. See answer to interrogatory number 1 above. · WAYN ECO RLUCCI, William P. Carlucci I.D. No. 30477 Attorney for Garnishee 125 East Third Street Williamsport, PA 17701 (570) 326-2443 F:leppsnewlwp¢101-0134 NORTHERN STATE BANK. C.K. Mechanlcal\Responge to Garnishee Inte~rogat~riee*wpd VERIFICATION The undersigned hereby certifies and says that he is an authorized to execute this verification, that the undersigned has reviewed the contents of the attached Response to Interrogatories in Attachment, and that the facts set forth therein are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned acknowledges that any false statements made herein would be made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Michael Caffrey NORTHERN STATE BANK F:\appsnew\wpc\01-0134 NORTHERN STATE BANK - C,K, Mechanical\verification.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COMPREHENSIVE TEST & BALANCE, INC., Plaintiff VS. C.K. MECHANICAL CONTRACTORS, INC., Defendant No. 01-4560 CIVIL ACTION VS, NORTHERN STATE BANK, Garnishee CERTIFICATE OF SERVICE WILLIAM P. CARLUCCI, hereby certifies and says that on this /7~l~lay of December, 2001 he served a copy of the document upon which this Certificate of Service is attached upon the following: Michael J. Cass/dy, Esquire Johnson, Duff/e, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Fred A. Holland, Esquire Murphy, Butterfie/d & Holland, P.C. 442 William Street Williamsport, PA 17701 by placing a copy of the same in the United States mail, first class delivery addressed as set forth above. ELION, WAYNE, GRIECO, CARLUCCI SHIPMAN & IRWIN, P.C. William P. Carlucci, Esquirei.D. #30477 /'~ 125 East Third Street Williamsport, PA 17701 (570) 326-2443 F:\appsnew\wpc\01-0134 NORTHERN STATE BANK - C.K. Mechanical\cert of service,wpd