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HomeMy WebLinkAbout03-0507F:\FILE$~DATAFILE\Gendo¢ Cufi7463-3.compla~t 1 \jad TURNER HYDRAULICS, INC. Plaintiff V. GUENTFIER W. REITTER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 2003- ~6-D V ~ -'f-~,.,~_ NOTICE 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 MART,SON DEARDO. RFF WILLIAMS & OTTO Carl C. Risch, Esqm)e I.D. No. 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: February'__, 2003 TURNER HYDRAULICS, INC. Plaintiff V. GUENTHER W. REITTER, Defendant :IN THE COURT OF COMMON PLEAS OF :CLrMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 2003 - COMPLAINT AND NOW, comes the Plaintiff by and through its counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, Turner Hydraulics, Inc., is a Pennsylvania corporation having a place of business at 1605 Industrial Drive, Carlisle, Pennsylvania. 2. Defendant, Guenther W. Reitter, is an adult individual residing at 28 ! 1 Merion Road, Camp Hill, Pennsylvania. 3. Plaintiffprovided goods (2 hydraulic cylinders) and services (installation of steel lines and hoses) to Defendant in the normal course of business in March and May 2000. 4. Plaintiff billed Defendant for these goods and services in the amount of $3,507.12. 5. Defendant has paid a total of $1,865.98 for these goods and services. 6. The outstanding balance orS 1,641.98 represents the reasonable and necessary value of the services provided to the Defendant for which the Defendant has yet to pay. 7. It is reasonable and customary that monthly late fees of 1.5% of the unpaid balance be added to the outstanding balance beginning in July 2000. 8. Despite repeated demands for payment, Defendant have not paid the outstanding balance. 9. Although Defendant has used the corporate designator"SBM Mineral Systems, Inc.," Plaintiff believed that it was providing goods and services to both SBM Mineral Systems, Inc. and Defendant and that both Defendant and his corporation were intending to be indebted to Plaintiff 10. After SBM ceased to do business in January 2001, Defendant repeatedly indicated his willingness to pay this debt to Plaintiff 11. Defendant has individually made payments to Plaintiff on this debt. COUNT I BREACH OF CONTRACT 12. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 11 of this Complaint. 13. Defendant has breached an expressed or implied agreement to pay the reasonable value of the goods and services rendered. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,641.98 plus pre-judgment and post-judgment interest and costs. COUNT Il QUANTUM MERUIT 14. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 13 of this Complaint. 15. The Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amount of $1,641.98 plus pre-judgment and post-judgment interest and costs. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,641.98 plus pre-judgment and post-judgment interest and costs. Respectfully submitted, Carl C. Risch, Esquire I.D. No. 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff WILLIAMS & OTTO Date: February'__, 2003 , ~I~I~ICATION The foregoing Complaint ia h~ised upon information which h~s b~n gathered by rny cotmscI in the preparation of the lawsuit. Th~lan~uag¢ ofthe document is ~hat of'courael and not my own. I ]rove read the document and to the extent that it is ba~ed upon information which I have l!~iven to my co~,n.~el~ it is true and correct to the best of my knowledf~e, information and belief To the ext~: timt the content of the document is ~hat o£ couns~ I have wiled upon counsel in mald~ ~ veri~cation. Thi~ statement anti verification are made subject to thc penalties of! ~ Pi. C.$. Seotion 4~' '" relating to unswom falsacation :o ,authorities, which prov/des tb~t if Im. ake knowingly f-~Ise averments, I n~y be subject to crimi~ai'penalties. SHERIFF'S RETURN - REGULAR CASE NO: 2003-00507 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND TURNER HYDRAULICS INC VS REITTER GUENTHER W HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon REITTER GUENTHER Wthe DEFENDANT , at 1945:00 HOURS, on the 25th day of February , 2003 at 2811 MERION ROAD CAMP HILL, PA 17011 by handing to GUENTHER W REITTER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this ~ ~' day of J .~J~ ~ ~O~ A.D. / ! Prot hono[-a-ry' So Answers: R. Thomas Kline 02/26/2003 MDW&O By: Deputy S~ri f f F:\FiLES\DATAFILE\GeneralXDocuments\7463-3.amendedcomplaintSjad TURNER HYDRAULICS, INC. Plaintiff V. GUENTHER W. REITTER, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 2003 - 507 Defendant NOTICE 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 Plaintiffs. 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 MARTSQN pEA~RDOP-,F~F WILLIAMS & OTTO Carl C. Risch, Esquire I.D. No. 75901. Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: March 17, 2003 TURNER HYDRAULICS, INC. Plaintiff V. GUENTHER W. REITTER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 2003 - 507 FIRST AMENDED COMPLAINT AND NOW, comes the Plaintiff by and through its counsel, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby avers as follows: 1. Plaintiff, Turner Hydraulics, Inc., is a Pennsylvania corporation having a place of business at 1605 Industrial Drive, Carlisle, Pennsylvania. 2. Defendant, Guenther W. Reitter, is an adult individual residing at 2811 Mefion Road, Camp Hill, Pennsylvania. 3. Plaintiffprovided goods (2 hydraulic cylinders) and services (installation of steel lines and hoses) to Defendant and/or SBM Mineral Systems, Inc. in the normal course of business in March and May 2000. 4. At the direction of Defendant, Plaintiff billed SBM Mineral Systems, Inc. for these goods and services in the amount of $3,507.12. See Invoices attached as Exhibit "A." 5. SBM Mineral Systems, Inc. and Defendant have collectively paid a total of $1,865.98 for these goods and services. 6. The outstanding balance of $1,641.98 represents the reasonable and necessary value of the services provided to the Defendant and/or SBM Mineral Systems, Inc. for which the Defendant has yet to pay. 7. It is reasonable and customary that monthly late fees of 1.5% of the unpaid balance be added to the outstanding balance beginning in July 2000. 8. Despite repeated demands for payment, Defendant have not paid the outstanding balance. 9. Although Defendant directed Plaintiffto use the corporate designator"SBM Mineral Systems, Inc." in preparing invoices, Plaintiff believed that it was providing goods and services to Defendant, that Defendant and SBM Mineral Systems, Inc. were essentially the same entity, and that both Defendant and his corporation were intending to be indebted to Plaintiff. 10. SBM Mineral Systems, Inc. ceased to do business on January 20, 2001 and all its assets were sold, assigned, or distributed on March 16, 2001. See Exhibit "B." 11. Despite this event, Defendant paid Plaintiff $100.00 on its overdue account on May 22, 2001, over two months after SBM ceased to have any assets. 12. Plaintiff believes, and therefore avers, that Defendant made this payment on the debt as an individual and not on behalf of the corporation. 13. In September 2002, Defendant orally guaranteed the payment of the debt as an individual and expressed his intention to pay this debt. 14. Plaintiff relied to its detriment on Defendant's representations. 15. Plaintiff believes, and therefore avers, that the leading object of Defendant's oral guaranty was to preserve his business reputation and to entice Plaintiff to forego its collection efforts. COUNT I BREACH OF CONTRACT 16. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 15 of this Complaint. 17. Defendant has breached an expressed or implied agreement to pay the reasonable value of the goods and services rendered. 18. Defendant has breached an expressed representation to guaranty the payment of any debt owed by SBM Mineral Systems, Inc. to Turner Hydrualics, Inc. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $1,641.98 plus pre-judgment and post-judgment interest and costs. COUNT II QUANTUM MERUIT 19. Plaintiff hereby incorporates by reference the avermems contained in paragraphs 1 through 18 of this Complaim. 20. The Defendant is liable to the Plaintiff and/or has been unjustly enriched in the amoum of $1,641.98 plus pre-judgment and post-judgment interest and costs. WHEREFORE, Plaimiff demands judgment against Defendant in the amount of $1,641.98 plus pre-judgmem and post-judgmem interest and costs. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO Cad C. Risch, Esquire I.D. No. 75901 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: March 17, 2003 vE ,R~_~C~,TION' The foregoing Corapl~int is based upon in ~ ~ep~fion of~e ~w~t. ~e I have read ~c do~t ~d to my ~, it is ~e ~d co~ct to t~t ~e co~ of the documen~ ~s statement ~dvedfica~on a~~ I may b~ mbje~ lo ~fi~ p~kies, Exhibit A 03 03: 1Sp 3ohn Kundrat Rttorne~ MAR 03 '03 12: 1T TIT ~41-5715 _urner Hydr~u~.,!~ Inc. 1~0~ Indu~l~l D~ve ' P.O, ,Box 728 Cadl~e, PA 1;~1~28 717-232-9608 P.9 p.3 ]]~OIC]~' FEDF~elAL EIN ~2~M 8~Iq~INER~C SYSTEMS, INC. B~M M'ZNERAL SYST[MS, iNC. CRRLI'~LE:.I:~ '17013-3i61 C~RLI~E PA 17813-31~I i£RVICE CALL'TO,INSTaLL STEEL NE8 & HOSES Obi UNIT. ~EDIT FOR SPOOL V~LV~ ~ic< o. ~, PLF.,tMI~TUI~ o~ coPY. Wftu 3ohn Kundrat Rttorne~ ?17-232-9608 Mar 1~ 03 03:l~p TO :mcmm'm~ FOR yOUR' : Exhibit B PCORRERL OUT OF EXI~TENCEIWITHDRAWAL AFFIDAVIT PLEASE PRINT OR TYPE: iUFORMATI'ON NO?E: The reverse side of this form must be complettd. Section A pertains to a PA Id~R~~A~TAtlLT'~r~r~I~E corporation that operated wholly within Pennsylvania. Section B pertains te ail other foreign corporatJot~s. Date of Incorporation or Certificate of Authority Ap~I 18, 1994 AccounUD .. State of Incorporation Entity ID (EIN) 25-1727741 Name of Ce fpo ratio n/Taxpaye r :--~M ~iners] Systems, I[lc. On lhis. ]3th day of . August ,year -200[ before me personally appeared,. Oucuthar W. Reitter who duly swears or affirms: I was connected with the above corporation and have knowledge of its affairs. Said corporation ceased to transact business in 'Pennsylvania on or about * ~=~u .a'2 Mor~h 20 200I Day Year and all assets were sold, assigned or distributed on lV~arch M0nlh 16 200! land since that time, YtiB[' the corporation hes not owned any property located in Pennsylvania, nor malntaineO an office therein, nor has perforrfled any sales activity, and does not Intend to transact further business in the Commonwealth. * If corporation never transacted business or hold assets [n Pennsylvania, please use the words NEVER TRANaAOTED BUSINESS in place of a cessation date, The filing of this Affidavit does not affect the statue of the Certificate of Incorporatlon/Authori. bj of this corporation but does permit the Department of State to relinquish the use of the present name of the corporation to another corporatiorL 'his affidavit is not ~ be file..d .by a .PA c. orpor, atLon utili.zlng jt~ PA oh. attar to conduct bueinese in another state, u.t O? state cor. porati, o. tl.s $odcitirtg o. usm. ese !11 PennsylVama are subject to tax and should file this document only up.o. n ceaslllg ac:iVlty In Pennsylvania. Sworn to and subscribed before me this (Notary Public, District ducfiea ~nv [,,~h~d?~ Deponent of Revenue) ~ ~ (Nota~ Signature and 2811 ~or[oa 'Road, Camp~.Hill, PA 17011 (Pre~nt ac~dre~ of Affiant} Telephone NUmar:( 717 ) 73%0652 r~LEA~E PR}NT OR TYPE INFORMATION NO FILING FEE M0.178 Dated: CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that I served the foregoing by first class mail as follows: John S. Kundrat, Esquire 107 Boas Street HarriSburg, PA 17102 Mr. Guenther W. Reitter 2811 Merion Roa~ Camp Hill, PA 1701 TURNER HYDRAULICS, INC. Plaintiff V. GUENTHER W. REITTER, Defendant · NO. 2003-507 · CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEFENDANT'S ANSWER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes Defendant, Guenther W. Reitter by his attorneys, KUNDRAT & ASSOCIATES, and files this Answer to Plaintiff's Amended Complaint as follows: 1. Admitted. 2. Admitted. Denied. To the contrary, Plaintiff supplied goods and services to SBM Mineral Systems, Inc. a Pennsylvania corporation. Litigation was commenced by Plaintiff against SBM Mineral Systems, Inc. on or about May 1, 2001 and judgment was granted on January 13, 2003 for the identical goods and services which are the subject of this litigation. A copy of the Complaint and Judgment are attached as Exhibits "A" and "B" respectively. Plaintiff never provided goods or materials to Defendant. Denied. To the contrary, Plaintiff had a course of dealing with SBM Mineral Systems, Inc. for several years and billed for the goods and services as it had done historically. Denied. To the contrary, SBM Mineral Systems, Inc. paid for any goods or services provided by Plaintiff. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and by reason thereof, said allegations are denied. By way of further answer, no goods or services were provided to Defendant. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and by reason thereof, said allegations are denied. 10. 11. 12. 13. 14. 15. 16. 17. 18. Admitted. It is admitted that Defendant has not paid any monies to Plaintiff. The reason being no moneys are owed by Defendant to Plaintiff. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and by reason thereof, said allegations are denied. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and by reason thereof, said allegations are denied. Denied. To the contrary, Defendant never paid to Plaintiff any monies. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and by reason thereof, said allegations are denied. Denied. Defendant never guaranteed payment of any debt of SBM Mineral Systems, Inc. to Plaintiff. Paragraph 14 is a conclusion of law to which no response is required. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth or veracity of the allegations set forth and by reason thereof, said allegations are denied. No response is necessary. Paragraph 17 is a conclusion of law to which no response is required. Paragraph 18 is a conclusion of law to which no response is required. By way of further answer, Defendant never guaranteed the obligation of SBM Mineral Systems, Inc. to Plaintiff. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. 19. No response is necessary. -2- 20. Paragraph 20 is a conclusion of law to which no response is required. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. NEW MATTER 21. The claims in the Complaint are barred by res judicata. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. KUNDRAT & ASSOCIATES By:/ ,~ohn J~. Kundrat, Esquire 107 Boas Street Harrisburg, Pennsylvania 17102 (717) 232-3755 Attorney I.D. No. 24958 Attorney for Defendant Date: April 9, 2003 -3- VERIFICATION I, Guenther W. Reitter, do hereby verify that the facts stated in the foregoing instrument are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Dated: TURNER HYDRAULICS, INC. Plaintiff V. GUENTHER W. REITTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-507 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this 10tb day of April, 2003, I, Charlene K. Miller, secretary for the law firm of Kundrat & Associates, Counsel for Plaintiff, hereby certify that a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Amended Complaint was served via first class mail, postage prepaid addressed to the parties or counsel of record as follows: Carl C. Risch, Esquire Ten East High Street Carlisle, PA 17013 KUNDRAT & ASSOCIATES Charlene K. Miller 107 Boas Streets Harrisburg, PA 17102 717-232-3755 F:\FILE S\DATAFILE\General~Documents\7463-32.discon~nuance\jad TURNER HYDRAULICS, INC. Plaintiff V. GUENTHER W. REITTER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 2003 -507 TO: PRAECIPE TO SETTLE AND DISCONTINUE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA Please mark the above captioned case settled and discontinued. Date: May 2, 2003 MART SO~.D~D~~ILLI~S & OTTO Carl ~. ~s~h, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Dated: CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certify that I served the foregoing by first class mail as follows: John S. Kundrat, Esquire 107 Boas Street