HomeMy WebLinkAbout99-01514
LINDEMAN MOVING CO" INC.
Plaintiff
VS.
BENATEC ASSOCIATES, INC.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 'Jr;. 15 1'1 {~/d -CA'"
COMPLAINT
AND NOW, TO WIT this ,/{y,A
day of tf-fr.-;"'Ctl
, 1999,
comes the Plaintiff, Lindeman Moving Co., Inc. by its Attorney,
Anthony L. DeLuca, Esquire and files this Complaint based upon the
following:
1.
The Plaintiff, Lindeman Moving co., Inc., is a Corporation
organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal place of business at 2010
Greenwood Street, Harrisburg, Dauphin County, Pennsylvania.
2.
The Defendant, Benatec Associates, Inc. is a corporation
organized and existing under the laws of the Commonwealth of
Pennsylvania, with its principal place of business at 200 Airport
Road, New Cumberland, York County, Pennsylvania.
3.
On or about April 8, 1997, the Plaintiff at the specific
instance and request of Defendant, provided Defendant with an
estimate of $13,274,05 to move their offices, including but not
limited to furniture and equipment, from 101 Erford Road, Camp
Hill, Cumberland County, Pennsylvania to 200 Airport Road, New
Cumberland, York County, Pennsylvania.
4.
The e.timate of $13,274.05 was based upon Plaintiff's belief
that Defendant'. new building that was under construction would bo
completed 80 as to 4llow Plaintiff to be able to move Defendant
into its new building within the normal time frame estimated by
Plaintiff.
5.
The Plaintitf was notified by Defendant that the date to
commence moving Defendant would be October 2, 1997 and Plaintiff
scheduled its trucks and manpower to do so based upon its belief
that Defendant's new building would be ready for the move.
6.
Upon arrival on October 2, 1997 and making a determination
that the new building ~as still under construction, Plaintiff
requested and was granted permission by the Defendant to begin the
move at 8:00 A.M. rather than noon on October 2, 1997.
7.
Plaintiff avers that it had to stop work during mid afternoon
on October 2, 1997 because welders were still working in the 'new
building, electrical cords were strung allover and there were
generally unsafe conditions for Plaintiff's workers.
8.
As the move progressed on or about October 3, 1997, Plaintiff
was advised, at approximately 4:00 O'clock P.M., by a
representative of Defendant that Defendant had to be moved out of
the building by midnight on Saturday and that the building was to
be emptied and cleaned by midnight.
~.
Plaint1t't alleges and, therefore, avera that this was the
first notice of any deadline that Defendant had to be out of the
building by midnight on October 3, 1997.
10.
Plaintirf alleges and, therefore, avers that in order to
comply with the deadline of moving Defendant out of its building at
101 Erford Road, Camp Hill, Pennsylvania by midnight on October 3,
1997 and into Defendant's new building Plaintiff was required to
supply additional trucks, manpower and supervision which were
approved by Defendant and resulted in the moving expenses exceeding
the moving estimate of $13,274.05.
11.
Plaintiff, by adding additional trucks and manpower, succeeded
in having Defendant's building on Erford Road emptied by 8:30 P.M.
on saturday, October 3, 1997, so that Defendant's Cleaning crew
could clean the building by midnight as required.
12.
Plaintiff alleges and, therefore, avers that seven (7) truck
loads had to be unloaded through two (2) doorways on one side of
the new building which created a monumental bottleneck because the
new building was not sufficiently completed.
13.
Plaintiff alleges and, therefore, avers that the contents had
to be carried through a maze on the first floor to the second floor
-
~
and other area. of the building bec/suse the front and main
entrances were not accessible rtue to the construction.
14.
Plaintiff's workmen and trucks were on the scene of the new
building until 2:00 A.M. on Sunday, October 4, 1997 and thereafter
returned with a crew at 10:00 A.M. on Sunday, October 4, 1997 to
unpack and setup Defendant's computers.
15.
Plaintiff's estimate of moving the Defendant out of its old
building and into its new building for the sum of $13,274.05 was
based upon conducting such move under normal circumstances, which
normal circumstances did not exist at the time of the move.
16.
The additional cost for time, trucks, manpower and supervision
totaled $6,360.52.
17.
Although repeatedly requested to do so by the Plaintiff,
Defendant has willfully failed and refused to pay the $6,360.52 due
Plaintiff.
COUNT I-BREACH OF CONTRACT
18.
The averments set forth in paragraphs 1 through 17 are
incorporated herein as though set forth in full.
19.
As a result of Defendant's failure to pay Plaintiff the
additional sum of $6,360.52, Defondant has breached its agreement
to pay Plaintitf tor the additional time, trucks, manpower and
supervision necessary to complete the move within the time
limitations imposed upon the Plaintiff by the Defendant.
WHEREFORE, Plaintiff asks this Honorable Court to grant
judgment against Defendant in the amount of $6,360.52 with
appropriate additional costs.
COUNT II - UNJUST ENRICHMENT
20.
The averments set forth in paragraphs 1 through 19 are
incorporated herein as though set forth in full.
21.
As a result of the deadline to be out of Defendant's old
building on Erford Road by midnight on Saturday, October 3, 1997
and the complications arising out of the incomplete new building,
all of which required Plaintiff to add manpower and trucks and
increased the cost of the move, the Defendant has been unjustly
enriched to the sum of $6,360.52, the cost of additional hours,
manpower and trucks. A copy of the bill for services rendered is
attached hereto, incorporated herein by reference, and marked as
Exhibit "A".
WHEREFORE, Plaintiff asks this Honorable Court to grant
judgment against Defendant in the amount of $6,360.52 with
appropriate additional costs.
Respectfully Requested,
/It
Anthony L. D
113 Front reet
P.O. Box 358
Boiling springs, PA 17007
(717) 258-6844
an-Mayflower
n Moving Co.. Inc. /2010 Greonwood Slrool/ Harrisburg. PA 17104/ (171) 236.9044
~
BENETEC MOVE
1012/97
1 SUPERVISOR 9.5 HRS. G S26.50/HR.
1 .. 13 HRS. ..
s
251.75
344.50
6 MEN 13 HRS. @I S23.45/IIR.
5 MEN 9.5 HRS.
1 MAN 5.5 HRS. ..
1 .. 7
1 .. 4.5 ..
1 5 ..
1,829.10
1,113.88
128.98
164.15
105.53
117.25
S
3 VANS S20.40/HR/VAN 10 HRS.
612.00
TOTAL
5 4,667.14
10/3/97
1 SUPERVISOR 15 HRS. @ 526.50/HR.
1 " 11"
5 397.50
291.50
5 MEN 15 IIRS. @ 523.45/HR
1 MAN 15.5 HRS.
" MEN 8
~
2 .. 10 ..
2 .. 14.25
2 .. 13 ..
1 MAN 8.5 ..
1 .. 11
1 .. 7 ..
1 .. 13
1 4.5 ..
1 .. 5 ..
3 VANS 520.40/HR/VAN 12 IIRS.
1,758.75
363.48
187.60
469.00
668.33
609.70
199.33
257.95
164.15
304.85
105.53
117 . 25
734.40
TOTAL
$6,629.32
EXHIBIT "A"
41. .
III MAYEl.OWEI3.
....- TRANSIT
An "\Jonl ro, M<J~t"'....o)r Tronl.ll ill.:
'C": No ~C.2QJJ
1 SUPERVISOR 18 HRS. . 120. 60/llR.
1 - 9 - "
1 WAN 18 HRS. . 123.4G/HR.
II MEN 9 - "
8 " 17.6- -
1 WAN 14.6" -
1 - 14 " -
1 " 8.6 " ..
1 " 18.6" -
2 WEN 7 " "
1 MAN 8.7&" "
2 MEN 14.25" "
2 MAN 3.75" "
3 VANS 520.50/VAN/HR. 15 HRS.
TOTAL
10/5/97
2 MAN 2 HRS. o $23.45/HR.
1 VAN 520.40/VAN/HR 2 HR.
TOTAL
10/6/97
6 MEN $23.45/HR. 4 HRS.
1 VAN 520.40\VAN\HR. 4 HRS.
TOTAL
CONTAINERS FURNISHED
TOTAL OF ENTIRE MOVE
'I
1 477.00
238.60
422.10
1,065.26
2,402.26
340.03
328.30
199.33
386.93
328.30
168.29
668.33
175.88
918.00
58,168.49
5 93.80
40.80
$ 134.60
$ 562.80
81. 60
$ 644.40
$1,425.00
$21.659.95
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