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Home My WebLink About01-03991IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METZGER, WICKERSHAM, KNAUSS NO. O! ' .~Q4 ~ C..: ~ U t~ ~~ & ERB, P.C., Plaintiff vs. R & R ESTIMATING ENTERPRISES, INC., Defendant CIVIL ACTION -LAW 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 is 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 document, 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. NOTICIA Le han demandado a used en la corte. Si used quiere defenderse de estas demandas expuestas en las paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notification. Used debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y puede entrar una Orden contra used sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. Used puede perder dinero o sus propiedades c otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Document #: 200249.1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA METZGER, WICKERSHAM, KNAUSS & ERB, P.C., Plaintiff NO. a!- 399/ vs. R & R ESTIMATING ENTERPRISES, INC., Defendant C~ ~~„' CIVIL ACTION -LAW COMPLAINT AND NOW, comes Plaintiff, Metzger, Wickersham, Knauss & Erb, P.C., by and through its attorney, Steven C. Courtney, Esquire, and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Metzger, Wickersham, Knauss & Erb, P.C., is a professional corporation authorized to conduct business in the Commonwealth of Pennsylvania with an office and/or a place of business situate at 3211 North Front Street, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, R & R Estimating Enterprises, Inc., is a business corporation with an address of 111 Walnutdale Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff is, and at all relevant times material hereto was, a law firm providing legal representation and other related services to Plaintiff. 4. Defendant is, and at all relevant times material hereto was, the recipient of the legal representation and other related services rendered by Plaintiff. 5. On or about March 8, 2000, Defendant sought legal representation and advice by Plaintiff. Document #: 200249.1 6. Plaintiff and Defendant entered into a contract whereby legal representation and other legal services would be provided by Plaintiff and on behalf of Defendant. 7. Pursuant to the parties' agreement, Defendant would remit payment to Plaintiff on behalf of the services and other related costs provided and/or incurred by Plaintiff. 8. At all relevant times hereto, Plaintiff provided legal representation, advice, attended hearing and performed and/or rendered other related services on behalf of Defendant. 9. The prices charged for the legal services rendered by Plaintiff and on behalf of Defendant were the fair and reasonable prices of the services, and the prices that Defendant agreed to pay. 10. Defendant has accepted the services provided by Plaintiff pursuant to the terms and conditions of the parties' agreement. 11. Plaintiff has maintained a statement of account keeping an accurate and running account of debits and credits for the services provided to Defendant by Plaintiff. A true and correct copy of the Statement of Account is attached hereto, incorporated herein and marked as Exhibit "A" . 12. Plaintiff has submitted to Defendant a statement of the account accurately showing all debits and credits for transactions with Defendant. 13. Defendant has not objected to any of the monthly statements of account submitted by Plaintiff to Defendant. 14. As of June 6, 2001, the balance due, owing and unpaid on Defendant's account with Plaintiff is the sum of Nine Thousand Eight Hundred Twenty-five and 64/100 Dollars ($9,825.64). Document #.~ 200249.! 15. Despite Plaintiff's reasonable demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's account balance, all to the damage of Plaintiff. 16. Plaintiff has performed any and all conditions precedent to the bringing of this action. 17. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. COUNTI BREACH OF CONTRACT 18. Paragraphs One (1) through Seventeen (17) are incorporated herein by reference as if set forth in their entirety. 19. Defendant has accepted the services provided by Plaintiff pursuant to the terms and conditions of the parties' agreement. 20. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay all sums due and owing on Defendant's account balance, all to the damage of Plaintiff. WHEREFORE, Plaintiff, Metzger, Wickersham, Knauss & Erb, P.C., respedfiilly requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, R& R Estimating Enterprises, Inc. in the amount of Nine Thousand Eight Hundred Twenty-five and 64/100 Dollars ($9,825.64), plus interest, the costs of this action, attorney fees and such other relief as the Court deems just and proper. Document #: 200249.1 COUNT II QUANTUM MERUIT 21. Paragraphs One (1) through Twenty (20) are incorporated herein by reference as if set forth in their entirety. 22. The aforesaid amount of Nine Thousand Eight Hundred Twenty-five and 64/ 100 Dollars ($9,825.64) is the fair and reasonable value of the legal services provided to Defendant by Plaintiff. 23. Despite Plaintiff's reasonable and repeated demands for payment, Defendant has failed, refused and continues to refuse to pay the fair and reasonable value of the services rendered to Defendant plus any accrued interest, all to the damage of Plaintiff. WHEREFORE, Plaintiff, Metzger, Wickersham, Knauss & Erb, P.C., respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, R & R Estimating Enterprises, Inc., in the amount of Nine Thousand Eight Hundred Twenty-five and 64/100 Dollars ($9,825.64), plus interest, the costs of this action, attorney fees and such other relief as the Court deems just and proper. COUNT III 24. Paragraphs One (1) through Twenty-three (23) are incorporated herein by reference as if set forth in their entirety. 25. Defendant would be unjustly enriched if he was pemutted to benefit from the services provided by Plaintiff without paying the monies owed to Plaintiff. 26 The aforesaid legal services provided by Plaintiff and accepted by Defendant have Document#:200249.1 enriched Defendant in the amount of Nine Thousand Eight Hundred Twenty-five and 64/100 Dollars ($9,825.64). 27. Said enrichment would be unjust if Defendant was not required to pay the monies owed to Plaintiff, and said Defendant accordingly is obligated to Plaintiff for said amount. WHEREFORE, Plaintiff, Metzger, Wickersham, Knauss & Erb, P.C., respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant, R & R Estimating Enterprises, Inc., in the amount of Nine Thousand Eight Hundred Twenty-five and 64/100 Dollars ($9,825.64), plus interest, the costs of this action, attorney fees and such other relief as the Court deems just and proper. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By: C. Ctglaitney, Dated: (/J (~J 2001 3211 N'Front et Box 5300 Harrisburg, PA 17110 (717) 238-8187 I.D. # 74669 Attorney for Plaintiff Document #: 200249.! VERIFICATION I, Steven C. Courtney, do hereby certify that the statements made in the foregoing Complaint are true and correct to the best of my 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 Document #: 162754.1 R 8~ R ESTIMATING (MARISCO Corp v.) 93-854 BILL NO DATE AMOUNT 5 06/20/00 1,489.79 6 07/17/00 978.53 7 08/07/00 2,171.00 8 09/20/00 3,379.25 10 10/23/00 216.83 12 11/29/00 106.29 13 12/08/00 159.81 14 01/18/01 355.64 15 02/13/01 810.87 16 03/01!01 657.63 10,325.64 Payment on 06/04/01 500.00 TOTAL AMOUNT OWED 9,825.64