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Home My WebLink About03-2631IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREINER iNDUSTRIES, INC., Plaintiff NEWBURG STEEL, LLC, Defendant NOTICE TO DEFEND YOU HAVE BEEN SIDED IN COURT. IF YOU WISH TO DEFEND AGA1NST 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FiND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiVIL ACTION - LAW GRE1NER INDUSTRIES, INC., Plaintiff NEWBURG STEEL, LLC, Defendant No. AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las pfiginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona o por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a las demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificaci6n por cualquier dinero reclamado en la demanda o por cualquier otra queja o compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI USTED NO TIENE O NO CONOCE UN ABOGADO, VAYA O LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREINER INDUSTRIES, 1NC., Plaintiff NEWBURG STEEL, LLC, Defendant COMPLAINT 1. Plaintiff is Greiner Industries, Inc., a Pennsylvania corporation which has its principal office and place of business at 1650 Steel Way, Mount Joy, Lancaster County, Pennsylvania 17552-9515. 2. Defendant is Newburg Steel, LLC, a Pennsylvania limited liability company which has its principal office and place of business at 7612 McClays Mill Road, Newburg, Cumberland County, Pennsylvania 17240. 3. On January 8, 2003, Plaintiff submitted to Defendant a proposal to provide crane services at for Defendant at the Giant Store project in Shippensburg, Pennsylvania, a true and correct copy of which is attached and made a part hereof as Exhibit A. 4. Defendant accepted Plaintiff's proposal, and at Defendant's request, Plaintiff provided crane services to Defendant for the Giant Store project during the period January 10, 2003, through January 24, 2003. 5. On January 31, 2003, Plaintiff submitted its invoice in the amount of $12,061.94 to Defendant for the crane services which it provided, a true and correct copy of which is attached and made a part hereof as Exhibit B. 6. As more fully set forth in Exhibit B, the prices charged by Plaintiff for its services accorded with the Proposal, were fair and reasonable, and were the charges Defendant agreed to pay. 7. Defendant has made no objection or complaint regarding the services provided by Plaintiff or the invoice submitted. 8. Despite repeated requests by Plaintiff, Defendant has refused and continues to refuse to pay the sum of $12,061.94 rightfully due to Plaintiff. 9. Plaintiff's claims are within the jurisdictional amount requiring arbitration by local rule. Count 1 10. Plaintiffincorporates by reference paragraphs I through 9 above. 11. Defendant would be unjustly enriched if it were permitted to retain the benefits conferred on it by Plaintiff without paying Plaintiff the fair and reasonable value therefor. 12. The amount of $12,061.94 remains due and owing from Defendant to Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the sum of $12,061.94, plus interest and costs of suit. Count 2 13. Plaintiff incorporates by reference paragraphs 1 through 12 above. 14. Defendant breached its contract with Plaintiffby failing to pay the sum of $12,061.94 as agreed. 15. Plaintiff has fully performed all duties and obligation conferred upon it by the terms of the parties' agreement. 16. As a result of Defendant's breach, Plaintiff has incurred a loss in the amount of $12,061.94. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the sum of $12,061.94, plus interest and costs of suit. Count 3 17. Plaintiff incorporates by reference parag~'aphs 1 through 16 above. 18. By accepting Plaintiff's services and the invoice submitted therefor without complaint, the amount due to Plaintiff by Defendant is an account stated. WHEREFORE, Plaintiff demands judgment in its favor and against Defendant in the sum of $12,061.94, plus interest and costs of suit. BARLEY, S~/~NFT Court I.D. 74453 Attorneys for Plaintiff & COHEN, LLC 100 East Market Street P.O. Box 15012 York, PA 17405-7012 (717) 846-8888 Exhibit A CRANE DI¥1SIO~I 1650 STE£L WAY ' MOUNT JOy. pA 17552-9515 (717) 653-8111 * FAX: (717) 653-1896 TOLL FREE: (800) 782-2110 January 8, 2003 NEWBURG SI'EEL ERECroRs Al IN: Gideon Byler FAX #530-8549 Prolx~al to erect steel for new Giant Store, in Shippensburg, PA 65 Ton Crane - 65 Ton Crane - Any O.T. - · PA Permit- · Operator Travel - $4,770.00 week (5/8 hr. days) $15,900.00 month (20/8 hr. days) $135.00 hr. (over 8 hr. days or Saturdays) $175.00 each way .$25.00 day *Prices are portal-to-portal and do not include PA Sales Tax. **Job to begin Friday, 01/10/03. ***Payment Terms: Net 30 days from date of invoice Please review the above information and contact our office witfl any questions or concerns you might have. Thank yOu for this opportunity to be of sewice to you. SME/elb Cc 03-104 Exhibit B 1660 ,.,qt~l Way Mount Joy, PA 17562-9515 (717) 653-8'11 ~ FAX (717) 653-8642 N~:WBURG '"'' ' ,~IEEL LLC 7,i.t2 MCCLAYS MI;LL ROAO NISWBURG PA t7257 A?TN: ACCOUNT5 PAYABLE PAGE: INVOICE NO: ~500 INVOICE DATE: 01/31/03 PERIOD END DATE: 01/31/03 JOB: 03801418 PHASE: 00 NEWBURG STE£L ERECTORS CUST #: NEWB529 TICRMS: N~T 30 P/O: VERBAL/GIDEON BYLER ................ ~ ......... A~u~ ~- TON AS 65 TON CRANE, ~/~/~3 - ~/24/~; ....................................... GIANT ETORE, SHIPPENSBURG, PA CRANE AWE) O.PERATOB 65 TON CRANE WEEKS 2.~ x 477~.00 65 TOIl CRA.NE - 1 EXTRA DAY DAYS l.ee x 954.00 PICK UP & DELIVER OPERATOR RG MRS 8,00 x 35,90 SPECIAL h~ULING PENMITS 10,774,001 9540.00 954,00 280.00 PA PERMIT TRAVEL REIMBURSEMENT OPERATCR TRAVEL/DAILY TOTAL SALES: TAXABLE SALES: SALES TAX: INVOICE AMOUNT: 275.00 11,399.00 11,049.00 662.94 VERIFICATION I, Franklin Greiner, President of Greiner Industries, Inc., the within Plaintiff, hereby verify that the facts set forth in the foregoing Complaint 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.A. §4904 relating to unswom falsification to author/ties. Dated: Franklin Greiher IN THE COURT OF COMMON PLEAS OF THE JUDICIAL DISTRICT OF PENNSYLVANIA-- CUMBERLAND COUNTY BRANCH Greiner Industries, Inc. Civil Division VS. No. 2003-2631 Newburg Steel, LLC. SUGGESTION OF BANKRUPTCY To: Prothonotary Please note upon the record that Gideon E. Byler and Linda K. B Newburg Steel, LLC., the defendants in the above-captioned action, filed a Petition in Bankruptcy with the United States Bankruptcy Court for the Middle Pennsylvania at Harrisburg, PA, on June 23, 2002, at 2:15 o'clock P.M., which p, docketed to 1-03-03698. PURSUANT TO THE PROVISIONS OF 11 U.S.C. §," AUTOMATIC STAY IS IN EFFECT FORALL PROCEEDINGS INVOLVING TH NAMED DEFENDANTS. CERTIFICATE OF SERVICE ~ler, d/b/a ~oluntary District of ;tition was 62(A), AN -- ABOVE- I, Richard L. Bushman, Esquire, attorney for the above captioned defendants in the bankruptcy proceeding before the United States Bankruptcy Court for lhe Middle District, of Pennsylvania, do here,,by certify that on the date set forth below I ~erved the within Suggest on of Bankruptcy by depositing a copy of the same in the Unlted States Mail, postage prepaid, at Spring Run, Pennsylvan a, addressed to the parties or attorney's of record as follows: Greiner Industries, Inc. 1650 Steel Way Mount Joy, PA 17552-9515 Paul W. Minnich, Esquire 100 East Market Street PO Box 150'12 York, PA 17405-7012 Date: August19,2003 ,ushman, Esquire 57 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 SHERIFF'S RETURN CASE NO: 2003-00138 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FR3~NKLIN GREINER INDUSTRIES INC VS NEWBURG STEEL LLC - REGULAR THEODORE L. KONCSOL County, Pennsylvania, says, the within COMPLAINT NEWBURG STEEL LLC DEFENDANT , at 0011:28 Hour, at 13646 SOUTH ROAD NEWBURG, PA 17240 LINDA BYLER WIFE a true and attested copy of COMPLAINT , Deputy Sheriff of FRANKLIN who being duly sworn according to law, was served upon on the 13th day of June by handing to the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 9.00 Service 9.00 Affidavit 4.00 Surcharge 10.00 Mileage 12.18 44.18 Sworn and Subscribed to before me this /~day of /~&00 So Answers: THEODORE /KONOSO5 Deputy Sheriff ~ 06/13/2003 BARLEY SNYDER SHERIFF'S RETURN - CASE NO: 2003-02631 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREINER INDUSTRIES INC VS NEWBURG STEEL LLC OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT , NEWBURG STEEL LLC but was unable to locate Them in his bailiwick. deputized the sheriff of FRANKLIN County, serve the within COMPLAINT & NOTICE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: He therefore Pennsylvania, to On Auqust 19th , 2003 attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Franklin County 44.18 .00 81.18 08/19/2003 BARLEY SNYDER Sworn and subscribed to before me this ~( day of ~ A.n. Prothonotary __ , this office was in receipt of the Sheriff of Cumberland County