HomeMy WebLinkAbout01-04723FURNLEY ENTERPRISES, BJC.,
Plaintiff
v.
CLYDE C. BACHERT, JR.,
T/D/B/A AIRPORT LIMO -YELLOW CAB,
Defendant
COURT OF COMMON
CUMBERLAND
PENNSYLVANIA
PLEAS FOR
COUNTY,
CIVIL O~ -'y7a3 l,,,lUt ~,~~
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 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, PA 17013
(717) 249-3166
Dated: August 9, 2001
2 'gh Street, PO Box 116
on, PA 17020
71834-3087
Sup. Ct. ID#: 47624
Attorney for Plaintiff
FURNLEY ENTERPRISES, INC., COURT OF COMMON PLEAS FOR
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
v.
CLYDE C. BACHERT, JR.,
T/D/B/A AIRPORT LIMO -YELLOW CAB, CIVIL 0~ - .4d')'~ ~vcL~q~ ,~ _
Defendant ' ~"
COMPLAINT
1. Plaintiff, Furnley Enterprises, Inc., is a Pennsylvania Corporation with offices at 291 Sawmill
Road, PO Box 69, Duncannon, Pennsylvania, 17020.
2. Defendant is Clyde C. Bachert, Jr., an individual t/d/b/a Airport Limo -Yellow Cab, with
offices at 50 Market St., Lemoyne, PA.
3. Between March 13, 2000, and April 13, 2000, at the defendant's request, plaintiff performed
excavation work for defendant at defendant's job site in Adams County. Exhibit A is a
detailed itemized statement of all of the services performed and all of the payments received
on account thereof.
4. The total amount of services supplied was $21,525.00.
5. Defendant accepted the excavation work.
6. Defendant paid $9,000.00 of this total, which has been applied to the foregoing total, leaving
a balance due of $12,525.00.
7. As stated on Exhibit A, the unpaid balance earns interest at 1 %z% per month.
8. The accrued interest from April 13, 2000, to the date of this complaint is $2,977.18.
9. Defendant was indebted to the Plaintiff in the sum of $15,502.18.
10. Although a demand has been made, Defendant has failed to pay all or any part of the sum of
$15,502.18.
WHEREFORE, Plaintiffdemands judgment against Def ant for $15,502.18 with costs and
interest at 1.5% per month from August 9, 2001 unf a foregoing alance is paid.
Respectfully sub fitted
Jerry A ,Esquire
Supr e Court ID #476 4
22 0. High Street, Box 11
cannon, PA 170 0
ttorney for plainti
Dated: August 9, 2001
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I verify that the statements made in this Complaint are hue and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4909, relating to unsworn falsification
to authorities.
,~
F V R N L EY ENTERPRISES
291 Sawmill Road
P. O. Box 69
Duncannon, PA 17020
(717) 957-3261 -Fax (717) 834-4429
Sold To:-
Clyde C. Bachert, Jr.
50 Market Street
Lemoyne „ PA 17043
Invoice
Invoice #: 00990700
Invoice Date: 4/ 5/00
Payment Due: 04/05/00
Terms: UPON RECEIPT
INVOICE
03/I3 (3} Moving Chgs/Permit Loads @ $SOO.OU/Move TIC#8107
03/14 D8K Dozer @ $160.00/Hr.TIC #8073 (1.75 Hrs)
03/14 Pan #2 @ $160.00/Hr. TIC #8073 (8 Hrs)
03/14 Fan #4 @ $160.00/Hr. TIC #8073 (4 Hrs)
03/15 Pan #2 @ $160.00/Hr.-TIC #8074 (8.5 Hrs)
03/15 Pan #4 @ $160.00/Hr. TIC #8074 (8.5 Hrs)
03/15 D8 Dozer @ $160.00/Hr..TIC #8074 (8.5 Hrs)
03/20 Pan #2 @ $160.00/Hr. TIC #8076 (9.75 Hrs)
03/2U Pan #4 @$160.00/xr. TIC #8076 (5.25 Hrs)
03/20 D8 Dozer @ $160.00/Hr. TIC #8076 {9.25 Hrs)
03/2"7 Pan #2 @ $160.00/Hr. TIC #8075 (7.5 Hrs)
03/27 D8 Dozer @ $160.00/Hr. TIC #8075 {6.5 Hrs)
03/31 Far, #2 $160.00/Hr. TIC #7908 (4.5 Hrs)
03/31 Pan #4 @ $160.00/Hr. TIC #7908 (10 Hrs)
03/31 D8 Dozer @ $160.00/I~r. TIC #7908 {10 Hrs)
04/13 D8 Dozer @ $160.00/Hr. TIC #7226 {8.5 Hrs)
04/13 Pan #2 @ $160.00/Hr. TIC #7226 (7 .5 Hrs)
04/13 Fan #4 @ $160.00/Hr. TIC #7226 (7 Hrs)
Bank Charge for returned check. CHECK #848
EXHIBIT
PAGE 1
1,500.00
280.00
1,280.00
640.00
1,360.00
1,360.00
1,360.00
1,560.00-
840.00
1,480.00
1,200.00
1,040.00
720.00
1,600.00
1, 600.00
1,360.00--
1,200.00.
1,120.00.
25.00-
~~ ~~ ENTERPRISES
291 Sawmill Road
P. O. Box 69
Duncannon, PA 17020
(717) 957-3261 -Fax (717) 834-4429
Sold To:
Invoice
Clyde C. Bachert, Jr.
50 Market Street
Lemoyne „ PA 17043
IN~lOICE
Payment. (CASH) Thank You.
Payment Check #1171 Thank You.
Message: 1.5%
1.5~ Interest after 30 days
Invoice #: 00990700
Invoice Date: 4/ 5/00
Payment Due: 04/05/00
Terms: UPON RECEIPT
TOTAL
PAGE 2
-6,000.00
-3,000.00
12,525.00
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-04723 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FURNLEY ENTERPRISES INC
VS
BACHERT CLYDE C JR ET AL
SHANNON SUNDAY Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BACHERT CLYDE C JR T/D/B/A AIRPORT LIMO-YELLOW CAB the
DEFENDANT at 0020:58 HOURS, on the 10th day of August 2001
at 50 MARKET ST
LEMOYNE, PA 17043 by handing to
KEITH STEVENS (SUPERVISOR)
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 10.40
Affidavit 10.00
Surcharge .00
.00
38.40
Sworn and Subscribed to before
me this 3a J day of
2.a..../ oZoa! A.D.
. Q ~ ~ ~_
P o onotary ~ '
So Answers/:
:,~yi~~~~.+sXct4 ~..
R. Thomas Kline
08/20/2001
JERRY PHILPOTT
By. O.Ji~nn~n~. `~-.1c~-ncfG.,y
Deputy Sheriff '
FURNLEY ENTERPRISES, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
N0. 01-4723
V.
CIVIL ACTION - LAW
CLYDE C. BACHERT, JR., T/D/B/A
AIRPORT LIMO - YELLOW CAB,
Defendant
ANSWER. NEW MATTER AND COUNTERCLAIM
AND NOW comes the Defendant, Clyde C. Bachert, Jr., by his
attorney, George A. Vaughn, III, and files the following Answer, New
Matter and Counterclaim, to the Complaint of the Plaintiff in this
matter:
1. Admitted
2. It is admitted that Clyde C. Bachert, Jr., is an individual
and that he occupies offices at 50 Market Street, Lemoyne,
Pennsylvania. It is denied that Clyde C. Bachert, Jr., trades or does
business as Airport Limo - Yellow Cab.
3. It is admitted that Defendant requested Plaintiff perform
excavation work at a location in Adams County, Pennsylvania, and that
some of the requested work was performed by the Plaintiff between
March 13, 2000, and March 31, 2000. It is denied that Exhibit "A"
attached to Plaintiff's Complaint sets forth the agreement of the
parties as to the work to be performed and the payments actually made
by the Defendant. By way of further answer, Defendant avers that the
C:U,WORK\MISC\G100301B. WPD
agreement made between Plaintiff and Defendant provided for a fixed
price of $12,000.00.
4. It is denied that the total amount of services supplied by
the Plaintiff was $21,525.00 or that Defendant agreed to pay or is
obligated to pay Plaintiff for the services allegedly supplied by the
Plaintiff.
5. Admitted.
6. It is denied that Defendant paid to Plaintiff only
$9,000.00. On the contrary it is averred that Defendant has paid to
Plaintiff the sum of $10,500.00. It is denied that Defendant is
indebted to Plaintiff in the amount of $12,252.00 or any other amount.
7. It is admitted that Exhibit "A" of Plaintiff's Complaint
contains language indicating that interest of 1.5~ is due after 30
days, but it is denied that Exhibit "A" is in any way relevant to the
a determination of the agreement reach by the parties. It is denied
that the agreement of the parties as to the work to be done by the
Plaintiff contained any terms or provisions regarding the payment of
interest. It is denied that the Plaintiff is entitled to collect any
interest, and it is further denied that the Defendant is indebted to
Plaintiff in any amount upon which interest could be charged.
8. Denied. Paragraph 7 of Defendant's Answer, together with
the Paragraphs of Defendant's New Matter and Counterclaim, is
incorporated herein.
9. Denied, Paragraph 6 and Paragraph 7 of Defendant's Answer,
together with the Paragraphs of Defendant's New Matter and
C:\LWORKN-IISC\G100301B. WPD
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.,...;,,,.,~..n.~a. ....,,~.,,..,,..,,, ~~e.,..,,,__
Counterclaim, are incorporated herein.
10. It is admitted that Plaintiff has demanded payment of
various amounts from Defendant. It is denied that Defendant is
indebted to Plaintiff in the amount of $15,502.18 or any other amount.
WHEREFORE, Defendant respectfully requests this Court dismiss
Plaintiff's Complaint.
NEW MATTER
11. Defendant hereby incorporates the averments contained in
Paragraph 1 through Paragraph 10 of his Answer.
12. At all times relevant hereto, Furnley Frisch ("Frisch") was
an officer, agent, and/or employee of the Plaintiff, and he was duly
authorized to act for and on behalf of the Plaintiff.
13. In the beginning of March 2001, Defendant met with Frisch at
a property owned by Defendant and located in Adams County,
Pennsylvania ("Jobsite") to determine the charge Plaintiff would make
for performing certain excavation work at the Jobsite.
14. The scope of the excavation work was explained by the
Defendant and understood by Frisch by reference to and upon inspection
of the Jobsite, and it involved generally the scraping and grading of
a portion of the Jobsite by heavy equipment to produce a level
surface.
15. On behalf of the Plaintiff, Frisch orally offered to provide
C:\LWORK\MISC\G100301B. WPD
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.. . .. ._
the men and equipment necessary to do the work at a cost not to exceed
$12,000.00 ("Offer").
16. Defendant orally accepted the Offer subject to the following
additional terms which were agreed to and accepted by Frisch.
17. The Plaintiff was to provide the equipment and employees
needed to complete the work in a prompt, efficient and workmanlike
manner without interruption once the work was begun.
18. In pursuant of the parties' agreement, on or about March 13,
2000, Plaintiff delivered to the Jobsite certain equipment and
commenced performance of the work on the following day.
19. Thereafter and until the Plaintiff left the Jobsite, various
pieces of Plaintiff's equipment malfunctioned or failed to function at
all so that none of Plaintiff's equipment could be utilized in the
most effective and efficient fashion.
20- Although Plaintiff worked at the Jobsite on March 14 and
March 15, Plaintiff did not work there on March 16 and March 17 in
violation of its agreement with Defendant.
21. Plaintiff did work at the Jobsite on March 20, but then
Plainfiff did not work at the Jobsite again until March 27 in
violation of its agreement with Defendant.
22. After March 27, Plaintiff did not work again at the Jobsite
until March 31 in violation of its agreement with Defendant.
23. As a direct result of the failure of Plaintiff's equipment
to function or its malfunction, Plaintiff was unable to perform the
C:\LWORKU9SC\G100301B.WPD - 4
work promptly and efficiently resulting in all of the equipment being
used for longer time periods than would have been necessary in the
absence of Such failure or malfunction.
24. On March 31, 2000, as a result of Plaintiff's failure to
supply func[ioning equipment and to complete the work in a prompt,
efficient and timely fashion without interruption, Defendant
terminated his agreement with Plaintiff and ordered Plaintiff to cease
further work and remove its equipment from the Jobsite.
25. Any work done by Plaintiff after March 31, 2000, was done
without the authorization of Defendant.
26. As a result of Plaintiff's failure to provide equipment in
good working condition and to perform the work in a prompt and timely
fashion without interruption, Plaintiff breached and failed to perform
its agreement with the Defendant.
27. The payment of $10,500.00 already made by Defendant to
Plaintiff exceeds the amount of any compensation to which Plaintiff
may be entitled under its agreement with Defendant.
WHEREFORE, Defendant requests this Honorable Court dismiss
Plaintiff's Complaint.
28. Defendant hereby incorporates Paragraph 1 through Paragraph
26 of Defendant's Answer and New Matter.
29. As a direct result of Plaintiff's breach of its agreement
with Defendant, Defendant was required to complete the work Plaintiff
C:\LWORK~IISC\G100001B.WPD - 5
~W:.,,
had agreed to do by the use of Defendant's own equipment and workmen.
29. Defendant believes, and therefore avers, that the reasonable
cost of the completion work performed by Defendant is $4,000.00.
30. Plaintiff is obligated to Defendant in the amount of
$4,000.00 as a result of Plaintiff's breach of its agreement.
WHEREFORE, Defendant demands judgment against Plaintiff on
Defendant's Counterclaim in the amount of $4,000.00, together with the
costs of suit.
Dated: l~ /~ 2001
C:~I,WORK~MISC\G100301B. WPD
- 6 -
Respectfully Submitted,
GeoYge A.~U~ughn, III
Attorney for Defendant
Supreme Court I.D. #25650
3904 Trindle Road
Camp Hill, PA 17011
(717) 975-9102
VERIFICATION
Plaintiff, CLYDE C. BACHERT, JR., verifies that the statements
made in this Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.B.
§4904 relating to unsworn falsification to authorities.
Dated: ~~~~ 2001 ~ ,
y e C. Bachert, Jr.
C:~I, W ORKN~IISC\G 100301 B. W PD
- .~.~.~~I,M,.~..
er~:x.
CERTIFICATE OF SERVICE
I, George A. Vaughn, III, do hereby certify that I have on this
date served the within Answer, New Matter and Counterclaim upon
Plaintiff by mailing a true and correct copy thereof by first class
mail, postage prepaid, to the Plaintiff's attorney of record as
follows:
JERRY A. PHILPOTT, ESQUIRE
227 N. HIGH STREET, PO BOX 116
DUNCANNON, PA 17020
Dated: ~~ ~ 2001 ~ ~~ ~y
Ge rge A. Vaughn, III
C:\LWORKQvIISC\G100301B. WPD
-.-~rv.~.mrx:.+me:~.w~.nz.:wm~aew
FURNLEY ENTERPRISES, INC.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF THE CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 01-04723
CLYDE C. BACHERT, JR.,
T/DB/A AIRPORT LIMO-YELLOW CAB; CIVIL ACTION -LAW
Defendant
PRAECIPE
To The Prothonotary:
Kindly mark the above matter settled and discontinued as to both the plaintiffl s case and
the defendant's counterclaim.
Dated: March 8, 2002
Dated: 313 D 7~~
Camp Hill, PA 17011
Counsel for defendant
~~~~
eorge I~. hn, Esquire
3904 Trindle Road
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