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Home My WebLink About03-0362Johnson, 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 ECHO INDUSTRIES, INC. 2001 State Road Camp Hill, PA 17011, Plaintiff V. WYOMING SAND & STONE COMPANY 6 Wyoming Sand Road Tunkhannock, PA 18657, Defendant To the Defendant: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. NOTICE TO DEFEND CIVIL ACTION - LAW 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 ECHO INDUSTRIES, INC. 2001 State Road Camp Hill, PA 17011, Plaintiff V. WYOMING SAND & STONE COMPANY 6 Wyoming Sand Road Tunkhannock, PA 18657, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-.3????u? l CIVIL ACTION - LAW COMPLAINT s AND NOW, this 01 day of January 2003, comes the Plaintiff, ECHO INDUSTRIES, INC., by and through its undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and files this Complaint, and in support thereof avers as follows: 1. Plaintiff, Echo Industries, Inc., is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its place of business locates at 2001 State Road, Camp Hill, Cumberland County, Pennsylvania 17011, and is engaged in the business of manufacturing and refurbishing heavy equipment. 2. Defendant, Wyoming Sand & Stone Company, is a business corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with a place of business located at 6 Wyoming Sand Road, Tunkhannock, Wyoming County, Pennsylvania 18657-5812. 3. At all times relevant to this matter, Defendant was the owner of or in the possession of a 30'x 42' Pioneer Pitman (hereinafter referred to as "Equipment"), which Defendant used at its stone quarry located in Wyoming County to crush quarried stone into finer materials. 4. In or about April 2002, Defendant contacted Plaintiff for the purpose of repairing the Equipment. 5. Defendant shipped, or caused to be shipped, the Equipment from its quarry in Wyoming County to Plaintiff's facilities located at 2001 State Road, Camp Hill, Cumberland County, Pennsylvania. 6. At the Defendant's special instance and request, Plaintiff rebuilt the Equipment, and in doing so, provided various labor, services, and parts for the total cost of Thirty-eight Thousand Nine Hundred Sixteen and 00/100 Dollars ($38,916.00), as set forth in Plaintiff's invoice to Defendant dated May 31, 2002, which said invoice is attached hereto, made part hereof, and marked as Exhibit "A." 7. Plaintiff performed the repairs to the Equipment in a good and workmanlike manner, and returned said Equipment to Defendant on or about May 31, 2002. 8. Defendant received and accepted the repaired Equipment, and in doing so, accepted the labor, services, and parts provided by Plaintiff as set forth in detail in Exhibit "A." 9. The prices set forth in Exhibit "A" are fair, reasonable, and market prices for the labor, services, and materials at the time they were provided to Defendant. 10. Since receiving the invoice dated May 31, 2002 (Exhibit "A"), Defendant has made only a single payment in the amount of Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) toward the original amount owed, leaving a current balance of Thirty-five Thousand Four Hundred Sixteen and 00/100 Dollars ($35,416.00). 11. Although demand has been made, Defendant has failed to make payment of the remaining balance owed. WHEREFORE, Plaintiff demands judgment against Defendant in the sum of $35,416.00, together with interest, costs, and reasonable attorney fees, if available. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 4?__ G ---- T Micha . Cassidy Atton y I. D. No. 82164 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 166581 Attorneys for Plaintiff VERIFICATION I, MICHAEL MARCH, Executive Vice President of Echo Industries, Inc., state that I am authorized to make this Verification on its behalf, and that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I 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. ECHO INDUSTRIES, INC. Date: I ? 3 0 3 By: ch I a h, x Utive Vice President DEC-13-02 FRI 09:59 AM GHa. . QUARRY REBUILD 2001 STATE ROAD CAMP HILL, PA 17011 Phone: 717-731-0210 Fax: 717-737-7241 SOLD TO: WYOMING SAND AND STONE COMPANY 6 WYOMING SAND ROAD TUNKHANNOCK PA 18657 INVOICE DATE SHIP VIA FOB 513112002 CUSTOMER PO NUMBER SHIP DATE SALES REP 1800361 5/31/2002 REMIT TO: EAST COAST HYDRAULIC OPERATIONS, INC. 2001 Stato Road Camp Hill, PA 17011 SHIP TO; WYOMING SAND AND STONE COMPANY 6 WYOMING SAND ROAD TUNKHANNOCK PA 18657 TERMS Not 30 REPAIR 30X42 PIONEER PITMAN ORDERED SHIPPED PART ID NO. DESCRIPTION TAX 1.00 1,00 QUARRY RESUI QUARRY REBUILD LA13OR TO DISASSEMBLE CRUSHER, CLEAN AND MEASSURE ALL PARTS AND MAKE PARTS LIST. WELD AND MACHINE BOTH PITMAN BORES, WELD AND MACHINE BOTH OUTSIDE BEARING BOXES. WELDN AND MACHINE BORES ON FLINGER COLLAR. 1.00 1.00 QCUST„-SERV QUARRY SERVICE WORK FIELD SERVICE TO SET UP PITMAN CRUSHER 7.5 REG HOURS @ $70.00/HOUR PLUS EXPENSES I.0Q 1.00 LABOR TO SPRAY WELD SHAFT 1.00 1.00 SPRAY WELD MATERIAL 1100 1.00 PARTS (AS LISTED) 1.00 1,00 FREIGHT ON PARTS SUBTOTAL TOTAL AMOUNT DUE ECHO FAX NO. 717+7377241 P. 02 INVOICE NO. 09768 CUSTOMER NO. HYD_WYOMING CO ID 00385 UNIT PRICE EXT COST 12,000.00 $12,000.00 538.42 $538.42 1,300.00 $1,300.00 300.00 $300.00 24,176.18 $24,176.18 601.40 $601.40 $38,916.00 $38,916.00 PAGE NOA DEC-13-02 FRI 09:59 AM ECHO FAX NO. 717+7377241 P. 03 entity Part Number Description Price I Each 2 09-35035 Bearing, Pitman $ 3,462.62 1 C-01157 End Cover $ 2,652.26 72 AA-55706 Capscrews $ 7.73 72 45-60090 Washers $ 1.03 15 46-78015 (ft) Piano Wire $ 1.03 8 45-06092 Capscrew $ 0.77 1 C-00630 Inner Flinger Collar $ 1,050.60 0 W S"0698 Inner Cover - Float $ 1,305.01 2 09-35034 Bearing - Side $ 2,362.13 2 C-00855 Adapter - Sleeve $ 834.30 2 BB-53845 Lock Nut $ 742.63 2 09-20149 Lock Plate $ 32.96 2 09-20100 Lock Washer $ 29.36 2 09-20099 Lock Nut $ 133.90 2 09-20075 Lock Nut $ 48.93 2 09-20076 Lock Washer $ 13.39 2 WS000619 Collar $ 515.00 0 WSC-00595 Flinger Collar $ 1,262.78 1 WSC-00597 Cover $ 1,220.55 Sub Total on Parts 1 000973 Seat $ 750.00 1 C01032 Plate $ 1,500.00 Sub Total on Parts Extension_ $ 6,925.24 $ 2,652.25 $ 556.56 $ 74.16 $ 15.45 $ 6.16 $ 1,050.60 $ 4,724.27 $ 1,668.60 $ 1,485.26 $ 65.92 $ 58.72 $ 267.80 $ 97.86 $ 26.78 $ 1,030.00 $ 1,220.55 $ 21,926.18 $ 750.00 $ 1,500.00 $ 24,176.18 (AJ W rJ ?o. K G+= r_ f .l K 6 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-00362 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ECHO INDUSTRIES INC VS WYOMING SAND & STONE COMPANY 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 WYOMING SAND & STONE COMPANY but was unable to locate Them deputized the sheriff of WYOMING serve the within COMPLAINT & NOTICE County, Pennsylvania, to On January 31st , 2003 , this office was in receipt of the attached return from WYOMING Sheriff's Costs: So answer , Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline' Dep Wyoming County 35.71 Sheriff of Cumberland County .00 72.71 01/31/2003 JOHNSON DUFFIE STEWART WEIDNER Sworn and subscribed to before me this day of la 4y o-0 A.D. to wit: in his bailiwick. He therefore Prothonotdr Amok lpom' (fountp Sberf f ft Off f Mo Itt * Aicfjarb 3B. Montrogg - Oberiff Pone: 570-836-3200 tXt 265 1 Cottrtboot &quart, Qrutthljm=d, V4.18657 fax: 570-836-3078 Date Received Date Processed January 27 2003 SHERIFF SERVICE, PROCESS RECEIPT AND AFFIDAVIT OF RETURN anuary 28, 2003 TYPE OF WRIT: Complaint COURT NUMBER: 03-362 Civil ECHO Industries, Inc. DEFENDANT(S): Wyoming Sand & Stone Company Name or marviauai, company, Corp. etc. SERVEJ WYOMING SAND AND STONE COMPANY 6 Wyoming Sand Road REMARKS: Pa or ? See Attached Report ? continued on Reverse Sid Now on I, RICHARD D. MONTROSS, Sheriff of Wyoming County, Pa., do hereby deputize the Sheriff of County to execute this Writ and make return thereof according to law. This deputation being made at the request and risk of the plaintiff. SIGNATURE OF WYOMING COUNTY SHERIFF: I acknowledge receipt of the writ as indicated above. I hereby Certify and Retum that I, ? have personally served, IZI have served person in change, ? have Posted Property ? have legal evidence of service as shown in "Remarks". ? have Not Found as shown in "Remarks" PERSON 'iameanu ime Date of Service Time SERVED Kim SHINA (Secretary-Treasurer) 01/28/2003 10:25 AM LOCATION Complete only if different than address above Township or Borough OF SERVICE Eaton Twp. SERVICE DATE MILES DATE MILES DATE MILES DATE MILES DATE MILES ATTEMPTS 01/28 9 Advance Costs Service Fee Return / Docket Mileage Fee Deputy Fee Act I D Fee Notary Fee Misc. Total Costs RRefund $75.00 $9.00 $9.00 $3.24 $10.47 1 $4.00 $35.71 $39.29 AFFIRMED and subscribed before me this SO ANSWER: (Sheriff or Deputy Sheriff) (Print or Type Name) DATE d f Sheriff chard D. MONTROSS 1/28/03 O 20 SIGNATU Sheriff or D S ri DATE L 1/28/03 'j.' . J D0y • Wyoming County Sheriff's Office Richard D. Montross, Sheriff 1 Courthouse Square, Tunkhannock, Pa. 18657 SHERIFF S • Phone : 570-996-2265 Fax: 570-836-3078 OFFIUL Check here SERVICE RECEIPT Writ numbev. I have received the ype n wn in person from on this date Officer serving writ Printed name of Defendant hone # amg address of Defendant ownahip or Born Signature: Signattne of Defendant Check here Acceptance of service Affidavit t vi-aUL UIV11 I accept service of the Complaint Type of writ on behalf of Wvomine Sand and Stony omnnny and certify Defendants name Signature: Date affidavit signed ime affidavit signed Printed name aqd' tore of Officer t"9 affidavit that I am authorized to do so. In The Court of Common Pleas of Cumberland County, Pennsylvania Echo Industries, Inc. vs. Wyoming Sanri & Stone Company SERVE: same No. 03-362 civil Now, January 24, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Wyoming 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. Sheriff of Sworn and subscribed before me this day of 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e)3 - 3L2- CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5Tx DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573