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HomeMy WebLinkAbout97-05644 ,I " . , I f' " 1'1 I " I , I, H rl:Ji I ,! " , I': I i' .....' , I'j :'J 'I ." I " , , ... , " I, ~ I " " I I ., , , it , " il ., W I ")!., " t.! 'I ~ I. I'j li'i , j'j, ."J~, " iI 'ij ., " i, , ';1 " ~ , " , , , I' , 1" IJ": " , ,i' I. '.'1 , lit' i " !. , ., " dl " I " " H " " l' I I I .., " , ., , ,I -If " , " " , ~ 'i ., , " , .1 , , , '.i ;., U '1 " " ~ ';', !j Ii' .. 'I " " I, ~ )1 , ., , , , , ., , , " i " I , , Ii' , " " 'I, , , , , , , ,1 I , I, , '0;' " " " , " , , I: " I , , I, , , I .,1 'I 'I 'j, I,' Ii I, , , , ., ,'I 'II " " " r' , I, ,I, ", ., " ,I ., " , 'I' i," , 'I, " , " ',. , I' ", "', Ii' " ';" "',1 ,j' I " id i"I; , Ii " I I-h " 'I 'I 'Ii \'1" I' ,,1, I" , II ,I) /"....... --;. d +- -J V) ~ (i! '"Y) '.~ .t.Q 1..1 ~ ~ I ..... ~ "......) 0- ,t..) ul ~~~ ~ tt ~ ~ d ri. --. , 8. ,,,: . .. Q: : , , 'II I".' \ ;r l, ... t. . I .:. " , ) &:... Ii' ~. : I '.' \j g;f3 ..... J il ~~ ~ ..... " ~ 'p ~~1I1 ~~ s .~ ~ 2l i ~~ u ~ . ~ ~~~ . ~Iq . o , . ~ . ~p-! g; . "Ii ~ f; fii E ~I" I a ~ ~2 ~ . " , , " , , . .. . . SYNERGIST, INC., Defendant I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. <) 7- .f,'(JIJ/ CIVIL TERM NO T I C II EICHELBERGERS, INC., Plaintiff VB. 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 enter- ing a written appearance personally or by attorney and filing in writing with the court your defenses or objections to tho 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 ~ny 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. Court Administrator Cumberland County Courthouse 1 Courthouse square Carlisle, pennsylvania 17013 (717) 240-6200 (717) 697-0371 Ext. 6200 By4~ l~.~~uire Pa. I.D. N~475 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Eichelbergers, Inc. , , EICHELBERGERS, INC., Plaintiff . . IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. (?l-.'~'~/J/ CIVIL TERM V8. SYNERGIST, INC., Defendant COMPLAINT Eichelbergers, Inc., Plaintiff, by and through its attorney, James D. Bogar, Esquire, respectfully represents as follows: 1. Plaintiff herein is Eichelbergers, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsyl- vania, having its principal office and a mailing address of 107 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant herein is Synergist, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of Route 6/Scranton Carbon- dale Highway, Blakely, Lackawanna County, Pennsylvania 18447-2503. 3. In accordance with a proposal made by Plaintiff, which pro- posal was made upon the request of Defendant, said proposal being dated July 2, 1996 and accepted by Defendant on December 26, 1996, all of which occurred in Cumberland County, Pennsylvania, Defendant requested and Plaintiff agreed to supply certain services, equipment, testing, materials, and labor, all in conjunction with the drilling and develop- ment of five (5) monitoring wells on behalf of Defendant at a project known as the Meilinger Steel Project, Bethlehem, Pennsylvania. A true and correct copy of the proposal is attached hereto, marked Exhibit -AW and incorporated herein. 4. Plaintiff fully and adequately performed the services re- quested and provided the materials ordered by the Defendant in acoor- danoe with said proposal, all performed in an acoeptab1e and workman- like manner, said work being completed on or about January 21, 1997. 5. On various dates, the first date being on or about January 24, 1997 and the last date being on or about September 29, 1997, Plaintiff submitted to Defendant its cumulative invoice statements for $19,365.50, which represents the agreed upon charges for the items and services provided by Plaintiff to Defendant and confirms that Defendant has made no payments on account to Plaintiff. A true and correct copy of the cumulative invoice statements are attached hereto, collectively marked Exhibit "8" and incorporated herein. 6. Defendant agreed to pay interest at the rate of one and one- half percent (1 1/2%) per month which is an annual percentage rate of eighteen (18%) percent on any unpaid balances over thirty (30) days from date of completion for services rendered and goods provided resulting in additional interest charges as follows: $1,161.92, or a total amount due and owing as of september 29, 1997 in the amount of $20,527.42. 7. P1aintiff/s cumulative invoice and statement represents the reasonable and necessary charges for its services and goods provided. 8. Despite Plaintiff/s repeated demands, Defendant has failed and refused to bring current and pay in full the amount billed as set forth in P1aintiff/s cumulative invoice statement (see Exhibit "8") and additional interest charges accrued, for a total amount due and owing of $20,527.42. 2 9. Payments of all amounts due were to be made to Plaintiff at 107 Texaco Road, Mechanicsburg, Pennsylvania. COUNT NO.1 - BREACH OF CO~ 10. The averments of Paragraphs 1 through and including 9 herein- above are incorporated herein by reference thereto. 11. By virtue of the contract between Plaintiff and Defendant, Defendant agreed to pay the reasonable and necessary cost of services rendered and goods provided, which amount as of September 29, 1997 was $20,527.42. 12. A finance charge of one and one-half percent (1 1/2%) per month on the unpaid balances from their due dates is due and owing and continues to be due and owing from Defendant to P1aint~ff. 13. To date, Defendant, despite proper request and demand by Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, Syner- gist, Inc., in the amount of $20,527.42, plus interest at the rate of one and one-half percent (1 1/2%) per month from the date each invoice was submitted, together with the costs of this action, or an amount in excess of $20,000.00, which exceeds local compulsory arbitration, and any and all relief deemed just and appropriate. ~UNT NO.2 - OUANTUM MERIT/IMPLIED CONTRACT 14. The averments of Paragraphs 1 through and including 13 hereinabove are incorporated hereby by reference thereto. 3 15. Pursuant to the request made by Defendant, Plaintiff provided services and goods to Defendant. 16. The reasonable and necessary charges for said services and goods provided as requested by Defendant are in the total amount of $20,527.42. 17. To date, Defendant, despite proper reqlJest and demand by Plaintiff, has not brought its account current. 18. By reason of Defendant's request for performance of services and providing of goods, Defendant impliedly promised to pay the reason- able and necessary charges for same. 19. By reason of Defendant's request for performance of services and providing of goods and D~fendant's partial payment of prior invoices, Defendant impliedly promised to pay the finance charge of one and one-half percent (1 1/2%) per month on all invoices not paid within thirty (30) days from date ot completion. ~~EREFORE, Plaintiff demands judgment against Defendant, Syner- gist, Inc., in the amount of $20,527.42, plus interest at the rate of one and one-half percent (1 1/2%) per month from the date each invoice was submitted, together with the costs of this action, or an amount in excess of $20,000.00 which exceeds local compulsory arbitration, and any other relief deemed just and appropriate. COUNT NO.3 - UN3UST ENRICHMENT 20. The averments of Paragraphs 1 through and including 19 hereinabove are incorporated herein by reference thereto. 4 D. Drilling IIId weu IAlta11.itlO11 (rlJlJM euinll) 1. Sit"" cbcge eet 1 at '60.00/" '60.00 2 _ NOIII1Nll lG-.u.:h ljrillin; IIllIt 30 f..t at I1S.00/ft '450.00 3. IIr-I....l e-iJlch <1riU~ ..t 70 f..t at S10.00/ft '700.00 t. t" PVC well to include is' ICMIl, r~, c:lIP/p1\.l;, Nni pack, llentclni te R&l lIl'lI1 c rtt/ber:toni.t. grllUt (lIIteria.1 only with 251 aYemllI) ost. 100 feet at sa.75/ft .75.00 5. lio aDd c;iew c:barve for Il&terial iIlrta.Uation, rllllett!.1io/pJllinq casing, 48ccntalllinati.clD, 1vIZIUin9 cuttings IIIllS st~ est 7.5 IlOUn at 'l50.00/hr '1,125.00 6. 6" II 5' prQtect.OZ' ClIllin<} with 1.Cldcin9 ClJP lIIld ant.\pcc:olation pill ..t 1 at S175.oo/" '175.00 EatiJllated total for 1 - 4" FlC WIll '3,385.00 latilNlted 4 Wll18 at '3,385.00/well '13,540.00 E5t.1Mt.ed Total Ccll;t $18,841.00 I. 9lwlMwntal I~ 1. DOl 17 -ll dNaI5 '35. 00 lea 2. lieU 6IY'e1gprlltnt n25.00/ht 3. DecontllllliMtion pad '200.00/" 4. S\.JHlOrt per:xlll '52.00!hr 5. Katarial bllya'l1 25' OYC:\lIl sa.CO/cf r. COoditiCCll/~ 1- _.r u available OD-1Iite 2. AlIIU1'1Bd oo.erWl::\1.n1 f ill doee not. contain _tal 3. SyneroUt will SIWly IlAlaJ.th and safety PluI 2 EXHIBIT "A" Page 2 (7 C"I (: ..I' "'. t .. .- 'l . UII; , r,ljj ,',"', , l' :r: , fl'. ""\,.' ., : (l' , fl,; , .... In \]1 I, N , , 'I~ e'11: ". i"i.,i . L ... 'c.l. r..: .. '. r, ,... :;~ (.) 0' e.. ~a .... ~ ::: I ~~ .... ~ ~ 'j ~I .,; i hili .rl .... <1J ~ .-< ~ .~ ~ . . ~ ::: ~~I . ill!! . ~ . ~ ~ri . ~ ~ ~ ~ ~ ~~. Iii 6 i E ....1'" ~ ~ ~g I' , t' i ., , . . . ,',. . . NM'.~LO' AO'.ILO . ll'.U' , iII'n~LO '-or...1tlN .~ 'lYMOU'rNlIIJ.NI.&L'f'.I.'nw;o /rIOI1Wa Y 'lYD1'1 I.IY.lI'''''' MAR 2 7 1998 . EICHELBERGERS/ INC., Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA~IA CIVIL ACTION - LAW NO. 97-5644 CIVIL TERM SYNERGIST, INC., Detendant MOTION FOR SANCTIONS AND NOW, comes Plaintiff, Eichelbergers, Inc., by and through its attorney, James D. Bogar, Esquire, and respectfully moves your Honorable Court to issue an order imposing aanctions on the Defendant, Synergist, Inc., in accordance with Pa. R.C.P. 4019, and in support thereof asserts the following: 1. That a complaint in this matter was f Hed October 13, 19!11, with service taking place on October 23, 1997. The answer or responsive pleading thereon due was to be filed on or before, November 12, 1997. 2. That on December 3, 1997 Plaintiff filed a Praecipe for Default Judgment, obtaining a Default Judgment. 3. That on January 12, 1998 Plaintiff served on Defendant Interrogatories in Aid of Execution Pursuant to Pa. R.C.P. 3117. 4. That Plaintiff notified and requested Defendant to answer said Interrogatories. The latest request being made by letter dated February 17, 1998, by certified mail, return receipt requested, said date of receipt being February 20, 1998, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein. 5. That there has been no reply from Defendant to the Interrogatories or said letter. 6. That Defendant has failed to file answers to written Interrogatories served under Pa. R.C.P. 4005. WHEREFORE, plaintiff, Eichelbergers, Inc., moves your Honorable Court to issue a rule on Defendant, Synergist, Inc., to show ~ause why sanotions should not be imposed to inolude, inter alia, the ordering of Defendant to answer Plaintiff's Interroga- tories Propounded to Defendant in Aid of Exeoution Pursuant to Pa, R.C.P. 3117/ to order Defendant to pay to Plaintiff the reasonable expenses, inoluding attorney's fees inourred in obtaining the within order, and any other relief being deemed just and appropriate, all in aocordance with Pa, R.C.P. 4019. DATE I March 27, 1998 ./ / u"-' I. -- r, Esquire Pa, I.D. No' 19475 1 West Main street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff Eichelbergers, Inc. , I 2 " I . I I 1'\ " , I' " ~ ('I ?~ Lf~ ., lIJJ 0) ..'-, J ,( , . r:.Jf'; .~.. /' I ~ :,,-' p- ..' ....i! ~l: ~ 'I ,. IA!: <") , .' ~n I .1"1 _I, (..l , ';~I{~J u.: .r r..: L.I,' I!H~\.. c:..l .,,: ,'I. ,.... :d, 0 ,<fI U , " I " j' " '. " ,It I, " , I' I, ',' " , ' I'! , 1'1 " ., , " " " " )." !' , , i , , , ," " ,. " " " CIRTI.IC~TI O. SIRVIC! I, James D. Bogar, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individual this day by depositing same in the United states Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: SYNERGIST, INC. ROUTE 6, SCRANTON CARBONDALE HIGHWAY BLAKELY, PENNSYLVANIA 18447-2503 Date: November 18, 1997 /lU.I'O~V (J~,":;. ~r, Esquir~, ;,\ " , . i ~ , P 224 566 U3b ~ U9 Po,lol 90,,11:. 'T'i Receipt tor Certified Mall ,.,., No 'nllUUU1CI} CovorOI1U PtovhJud, "" 001101 UISU lor II1IUUlllllo"ol MBiI (51.111 (r/yOIU .", . to ~ .. , IIW^ '.5 IH447-2'\03 ," ~ P~I. S CtnIftod F II 5t>o"~DolIY"Yf.. Rellnc11td Oell...'Y FH wing 10 d to $ ~.7 X' S. ~Ignotu.. IAdd..p f, t;-I : e. lA.....tI II' '. fl,.; ~~~~~= ~ ~40J.":.----=-'. ,~, I ,~,,:" ~1:'1Il"~" . l . ","I your, '*'" Md....... on the ,.\1.,.. of ."1. 'CHm 10 that WI can , I .,. I ......1Nt _ .. you. .. : . I ;':'':1' ~~ .. .... ..... ., ... m..'...... .. on ... ..... " opot. 1. CJ Add.._'. Add.... f: " . w",...IltunIlocolpc~_tod"on...""Iploc._..._""",bo' 2. 0 R..Ulotod O.U....y. ',': I . "" ,,""'"........... Mow to whom IN IrridI WH dM:*H end the date I I doIf_.. Conlull '1mO tor lor ,... "13" Artlo'. AddrllMd to: 4.. Artlol. Number ,. SYNERGIST INC J · : ROUTE 6 4b. S.rvlc. T.pe \. SCRANTON CARBONDALE 0 Roglltlred 0 In.u..d , I HIGHWAY ._. Clrtlllod 0 COD I BLAKELY PA18447-2S<b · 0 bpr...MIII 0 ~~':':~.~~~Ior . I 7. D.t. 01 DIIIYIf. .. , I S. Add.........Atklr... 10nly II req,.tod J' .nd fell. p.Id)'. I i . .. DOMESTIC RETURN REClln, ,." '.' '.