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ESHENAURS FUELS, INC.,
Plaintiff
VS.
ADVANCED AIR ASSOCIATES,
OF AMERICA, INC.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 4071 CIVIL 1999
: ARBITRATION
NOTICE OF ARBITRATION HEARING
Please take notice that the arbitration hearing for the above matter has been
scheduled for Wednesday, April 19, 2000, at 9:00 a.m. in the fifth floor of the (new)
Cumberland County Court House, Carlisle, Pennsylvania 17013.
Should any party or arbitrator desire to reschedule this hearing for any reason,
the person requesting the change shall be responsible for scheduling a new date with
all parties, attorneys and arbitrators, locating a hearing room in Carlisle for such
purpose and making proper notification to all concerned.
March 2,
David J. Lanza, Esq.
Karl M. Ledebohm, Esq.
Thomas O. Williams, Esq.
Marcus A. McKnight, Esq.
Court Administrator's Office
Prothonotary's Office
Harold S. Irwin, III,
(Arbitrator)
(Arbitrator)
(Attorney for Plaintiff)
(Attorney for Defendant)
READER & ADLER. P.C.
13y: Tn1i0DORE A. ADLER, ESQUIRE
Attorney LU. No. 16267
7110MAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
ESHENAURS FUELS, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
No. 99-4071 CIVIL TERM
CIVIL ACTION - LAW
Defendant
NOTICE TO PLEAD
TO: ADVANCED AIR ASSOCIATES OF AMERICA, INC.
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER TO COUNTERCLAIM WITHIN TWENTY (20)
DAYS FROM SERVICE HEREOF.
Respectfully
REAGER &,ADVER, P.C.
Date: August 31, 1999
THE?DORE A. ADLE{Y, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
REAOHR & ADLER, P.C.
By: THEODORE A. ADLER, ESQUIRE
Attorney I.U. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.U. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Amuneys fiur Plaintiff
ESHENAURS FUELS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
No. 99-4071 CIVIL TERM
ADVANCED AIR ASSOCIATES OF
AMERICA, INC., CIVIL ACTION -LAW
Defendant
REPLY OF ESHENAURS FUELS, INC.
TO NEW MATTER AND COUNTERCLAIM
13. No response required.
14. Denied. Defendant did not perform its duties in accordance with the requirements of the
contract, and Eshenaurs continually demanded that Defendant do so. Despite these demands, Defendant
failed to perform in accordance with the requirements of the contract.
15. Admitted. In further response, it is averred that Defendant was continually notified that
its failure to perform in accordance with the contract would result in its being replaced by another
subcontractor.
16. Denied as a legal conclusion.
17. No response required.
18. Denied as a legal conclusion. In further response, it is averred that Eshenaurs did not pay
Defendant the balance of the contract because it failed to perform in accordance with the requirements of
the contract.
19. Denied. The performance requirements of the Defendant in accordance with the terms of
the contract were clear: balance the heating and air conditioning system at the project and provide a set
of balancing reports. Defendant failed to perform the work in accordance with the requirements of the
contract.
20. Denied as a legal conclusion. In further response, no change orders were issued to
Defendant for additional or changed work, nor was Defendant ever authorized to perform additional or
changed work.
21. Denied as a legal conclusion. ht further response, Eshenaurs did not delay or interfere
with Defendant's work.
NEW MATTER TO DEFENDANT'S COUNTERCLAIM
22. Defendant never balanced the heating and air conditioning system in accordance with the
requirements of the contract.
23. Defendant never submitted balancing reports acceptable to the owner of the project.
24. Defendant never received authorization to perform additional work or changed work.
25. Defendant never notified Eshenaurs that it was incurring damages because of delay.
26. Defendant never requested an extension of time.
27. Completion of the requirements of the contract is a condition precedent to payment.
28. Defendant may be estopped from asserting a counterclaim for the balance of the contract
sum and for changed or additional work.
-1-
29. Defendant's counterclaim may be barred by the statute of limitations.
30. Defendant has failed to state a cause of action for which the relief sought in the
counterclaim may be granted.
WHEREFORE, Plaintiff, Esbenaurs Fuels, Inc., respectfully requests this Court to dismiss
Defendant's counterclaim and enter judgment for the Plaintiff in the amount of $13,876.50, plus lawful
interest and costs.
Respectfully
REAGER &
Date: August 31, 1999
1 HEODo¢E A. ADLER, ESQUIRE
Attorney I/D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
-3-
VERIFICATION
I, CRAIG ESHENAUR, hereby verify that I am the President of Eshenaurs Fuels, Inc., and as
such, I am authorized to verify the averments of the foregoing document are true and correct to my
personal 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.
ESHENAURS FUELS, INC.
6/ /7/ i ,/
Sy.
CRAIG ESHENAUR
Date: E3I2&) 99
CERTIFICATE OF SERVICE
AND NOW, this 31" day of August, 1999, I hereby verify that I have caused a true and
correct copy of the foregoing document to be placed in the U.S. mail, first class, postage prepaid
and addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin McKnight & Hughes
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
A. ADLER, ESQUIRE
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ESHENAURS FUELS, INC., : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
ADVANCED AIR ASSOCIATES OF
AMERICA, INC., NO. 994071 CIVIL TERM
DEFENDANT
NOTICE TO DEFEND
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, order 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 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, Pennsylvania 17013
(717) 249-3166
1-800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing
La'H INAUKS NUELS, INC.,
PLAINTIFF
PENNSYLVANIA
V.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
CIVIL ACTION - LAW
NO. 994071 CIVIL TERM
ANSWER TO COMPLAINT
AND NOW, this 13th day of August, 1999, comes the defendant, Advanced Air
Associates of America, Inc., by its attorneys, Irwin, McKnight & Hughes, and makes the
following Answer to Complaint:
The averments of fact contained in paragraph one (1) of the Complaint are admitted.
2.
The averments of fact contained in paragraph two (2) of the Complaint are admitted.
3.
The averments of fact contained in paragraph three (3) of the Complaint are admitted.
4.
The averments of fact contained in paragraph four (4) of the Complaint are admitted.
5.
The averments of fact contained in paragraph five (5) of the Complaint are specifically
denied. On the contrary, the defendant balanced the system to the extent the equipment
permitted balancing to occur. The defendant did submit its report as required and perforated its
work in a timely fashion.
6.
The averments of fact contained in paragraph six (6) of the Complaint are specifically
denied. On the contrary, the defendant never received any written notification from the
plaintiff that the contract was terminated. The defendant was never notified in writing that the
plaintiff had hired another contractor until January 1999.
7.
The averments of fact contained in paragraph seven (7) of the Complaint are
specifically denied. On the contrary, all work was performed by the defendant in a satisfactory
manner. The plaintiff failed to communicate the nature of any additional work it desired. On
the contrary, the plaintiff breached the contract by failing to pay the defendant for the contract
price and the additional work provided by the defendant.
8.
The averments of fact contained in paragraph eight (8) of the Complaint are within the
sole knowledge and control of the plaintiff. They are therefore denied and proof thereof is
demanded.
9.
The averments of fact contained in paragraph nine (9) of the Complaint are admitted.
10.
The averments of fact contained in paragraph ten (10) of the Complaint are within the
sole knowledge and control of the plaintiff. They are therefore denied and proof thereof is
denied.
I1.
The averments of fact contained in paragraph eleven (11) of the Complaint are
specifically denied. It is specifically denied that the plaintiff suffered damages. On the
contrary, the plaintiff breached the contract with the defendant and then hired another firm to
perform additional work which was beyond the scope of the contract between the plaintiff and
defendant.
12.
The averments of fact contained in paragraph twelve (12) of the Complaint are
specifically denied. On the contrary, the plaintiff has failed to pay the defendant for the work
performed pursuant to the contract. The plaintiff failed to terminate the contract with the
plaintiff prior to hiring another contractor.
WHEREFORE, the defendant requests that the Court dismiss the Complaint of the
plaintiff and enter judgment on behalf of the defendant, Advanced Air Associates of America,
Inc.
NEW MATTER OF THE DEFENDANT.
ADVANCED AIR ASSOCIATES OF AMERICA. INC.
AND NOW, this 13th day of August, 1999, comes the defendant, Advanced Air
Associates of America, Inc., by its attorneys, Irwin, McKnight & Hughes, and makes the
following New Matter against the plaintiff, Eshenaurs Fuels, Inc.:
13.
The averments of fact contained in paragraph one (1) through twelve (12) of the Answers of the
defendant are hereby incorporated by reference and are made a part of this New Matter.
1 4.
The defendant, Advanced Air Associates of America, Inc. performed its duties pursuant
to the contract. In the latter portion of 1998, the plaintiff ceased communicating with the
defendant regarding the issues of the project.
15.
On November 25, 1998, the plaintiff entered into a contract with the Eastern Air
Balance Corporation to perform the work covered in part by the contract with the defendant.
The plaintiff never notified the defendant of this action until after the new contract was
implemented.
16.
The plaintiff owes the defendant the balance of the contract plus the payment for
additional work required to be performed by the defendant at the project site.
WHEREFORE, the defendant requests that the Court dismiss the Complaint of the
plaintiff and enter judgment on behalf of the defendant, Advanced Air Associates of America,
Inc.
COUNTERCLAIM
ADVANCED AIR ASSOCIATES OF AMERICA. INC
V.
ESHENAURS FUELS. INC.
AND NOW, this 13th day of August, 1999, comes the defendant, Advanced Air
Associates of America, Inc., by its attorneys, Irwin, McKnight & Hughes, and makes the
following Counterclaim against the plaintiff, Eshenaurs Fuels, Inc.
17.
The averments of fact contained in paragraphs one (1) through sixteen (16) of the
Answer and New Matter of the defendant are hereby incorporated by reference and are made a
part of this Counterclaim.
18.
The plaintiff, Eshenaurs Fuels, Inc., breached its duty pursuant to the contract with
defendant by failing to pay for the work performed by the defendant on the contract project.
19.
The plaintiff, Eshenaurs Fuels, Inc., failed to provide adequate supervision of the
project and failed to adequately communicate with the defendant regarding the various
challenges and aspects of the project at Shippensburg University.
20.
The plaintiff, Eshenaurs Fuels, Inc., also owes the defendant, Advanced Air Associates
of America, Inc., the following sums:
a. Balance of Contract ........................................$5,929.00
b. Additional Work:
Rebalance of Air Sytem AHU3 ....................716.50
C. Additional Work:
Hot Water System ......................................1,560.00
d. Additional Work:
Computer Data ............................................ 1,105.00
Total Due .............. $99310.50
21.
The plaintiff, Eshenaurs Fuels, Inc., also owes the defendant additional costs due to its
failure to perform work necessary for the defendant to perform its duties pursuant to the
contact. The plaintiff owes the defendant delay damages, loss of the use of defendant's money
and expenses created by the delays of the plaintiff.
7
WHEREFORE, the defendant, Advanced Air Associates of America, Inc., requests a
judgment against the plaintiff, Eshenaurs Fuels, Inc., in the amount of Nine Thousand Three
Hundred Ten and 501100 ($9,310.50) Dollars plus delay damages, expenses, interest as
permitted by law and the costs of this action.
Respectfully Submitted:
IRWIN, McKNIGHT & HUGHES
r?
By: arcus . McKnight, III squire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Attorney for the defendant,
Advanced Air Associates of
America, Inc.
Date: August 13, 1999
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The foregoing Answer with New Matter and Counterclaim is based upon
information which has been gathered by counsel and myself in the preparation of this
action. I hereby state that I am President and duly authorized to execute this Verification
on behalf of Advanced Air Associates of America, Inc.
I have read the statements made in this document and they are true and correct to
the best of my knowledge, information and belief. I understand that false statements
herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to
unswom falsification to authorities.
FRDERICK A. DOTTS,
dull authorized to sign as President for
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.
Date: ? v?^ 13 .1999
ESHENAURS FUELS, INC.,
PLAINTIFF
V.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
:CIIMRFR1ANnrn]rnrrv PENNSYLVANIA
CIVIL ACTION - LAW
NO. 994071 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached Answer to
Complaint with New Matter and Counterclaim was served upon the following by depositing a
true and correct copy of the same in the United States mail, First Class, postage prepaid in
Carlisle, Pennsylvania, on the date referenced below and addressed as follows:
Theodore A. Adler, Esq.
Thomas O. Williams, Esq.
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011
Attorneys for Eshenaurs Fuels, Inc.
IRWIN, McKNI9HT & HUGHES
By: Marcus A. McKnig t III, Esquire
60 West Pomfret Str
Carlisle, PA 17013
(717)249-2353
Supreme Court I.D. No. 25476
Date: August 16, 1999
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ESHENAURS FUELS, INC.,
Plaintiff
V.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-4071 CIVIL TERM
CIVIL ACTION - LAW
PETITION FOR APPOINTMENT OF ARBITRATORS
To the Honorable, the Judges of Said Court:
Thomas 0. Williams, counsel for the Plaintiff in this above-captioned case, respectfully
represents that:
1. The above-captioned action is at issue.
2. The claim of the Plaintiff is $13,876.50, plus lawful interest and costs.
3. The counterclaim of the Defendant in this action is $9,310.50.
The following attorneys are interest in the case as counsel or are otherwise disqualified
to sit as arbitrators: Marcus A. McKnight, III, Roger B. Irwin, James D. Hughes, Rebecca R.
Hughes, Mark D. Schwartz, Thomas O. Williams, Theodore A. Adler, David W. Reager, Maria
P. Cognetti, Linus E. Fenicle, Debra Denison Cantor, Susan H. Confair, and Julie A.
McConahy.
WHEREFORE, your Petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respectfully submitted,
REALER, ADLER & COGNETTI, P.C.
Date: January 25, 2000
T AS O. ILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
ORDER
AND NOW, this ?Z7 day of ?? rv tl< in consideration of the foregoing
Petition Esq., Esq., and
J? 04a? be+ , Esq., are appointed arbitrators in the above-captioned
action as prayed for.
BY THE COURT:
CERTIFICATE OF SERVICE
AND NOW, this A day of January, 2000, I hereby verify that I have caused
a true and correct copy of the foregoing document to he placed in the U.S. mail, first
class, postage prepaid and addressed as follows:
Marcus A. McKnight, III, Esquire
Irwin McKnight & Hughes
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
0. WILLIAMS, ESQUIRE
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ESHENAURS FUELS, INC.,
PLAINTIFF
V.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 994071 CIVIL TERM
PRAECIPE TO ENTER APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendant, Advanced Air Associates
of America, Inc.
Respectfully submitted,
IRWIN,
Z ?
By:
A. McKnight, III,
60 West Pomfre trect
Carlisle, Pennsylvania
(717) 249-2353
Attorney for Advanced Air Associates of
America, Inc., Defendant
Date: August 13, 1999
ESHENAURS FUELS, INC.,
PLAINTIFF
v.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 994071 CIVIL TERM
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, 111, Esquire, hereby certify that a copy of attached Praecipe to
Enter Appearance was served upon the following by depositing a true and correct copy of the
same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
Theodore A. Adler, Esquire
Thomas O. Williams, Esquire
REAGER & ADLER, P.C.
2331 Market Street
Camp Hill, PA 17011-4642
Attorney for Plaintiff,
Eshenaurs Fuels, Inc.
IRWIN, Me IGHT HUGHES
By: Marcu A. Mc , 111, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: August 13, 1999
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SHERIFF'S RETURN - OUT OF COUNTY
'CASE NO: 1999-04071 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ESHENAUERS FUELS INC
VS.
ADVANCED AIR ASSOC OF AMERICA
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: ADVANCED AIR ASSOCIATES OF
AMERICA INC
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of CHESTER County, Pennsylvania.
to serve the within NOTICE AND COMPLAINT
On _August 2nd, 1999 , this office was in receipt of
the attached return from CHESTER County, Pennsylvania.
Sheriff's Costs: So answe _
Docketing 18.00
Out of County 9.00
Surcharge 8.00 omas ine, e i
DEP. CHESTER. CO 150.00
$T85-UQ REPGER & ADLER
08/02/1999
Sworn and subscribed o befor me
this // (4 day of
19 rY, A_n.
S
In The Court of Common Pleas of Cumberland County, Pennsylvania
Eshenaurs Fuels, Inc.
vs.
Advanced Air Associates of America, Inc.
No. 99-4071 Civil
Now, 7/12/99
19_,1, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Chester
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.:i?? ??
Z
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ?- z7 194 at o'clock -P M. served the'"'
within
upon jQc6ated 141E ASS01U4rf S OF AmFr1C Q Inc
at ls44 SntNr /hwr,a )?oad C1+E•T-C ?r, vas PA 19tid'c
by handing to _lrel? 1*"JorrS
a CUne 1ei-t_ copy of the original C'Gmv?,,,,,t
and made known to 141 rn
7Nollall el
Donna Mot ary public
M?,Omm sDes Co 2001
Sworn and subscribed before
me this3C7i'' day of -3j, 19 q( 9
7
So answers,
the contents thereof.
S eriff of County, PA
COSTS
SERVICE _
MILEAGE _
AFFIDAVIT
REAGER & ADLER, P.C.
By: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS. ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiffs
ESHENAURS FUELS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
No. V0 71 1240-d Ta -
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
Defendant
NOTICE TO DEFEND
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 ajudgment 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
REAGER & ADLER, P.C.
By: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Canip Hill. PA 17011
Telephone: (717) 763-1383
Attorneys 1'or Plaintiffs
ESHENAURS FUELS, INC.,
V.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
No. 9'q- 4U '7 (
COMPLAINT
The Plaintiff is Eshenaurs Fuels, Inc. (hereinafter "Eshenaurs"), a corporation incorporated
and doing business under the laws of the Commonwealth of Pennsylvania with its principal place of business
located at 2900 Herr Street, Harrisburg, Dauphin County, Pennsylvania 17105.
2. The Defendant is Advanced Air Associates of America, Inc. (hereinafter "Advanced Air"),
a corporation incorporated and doing business under the laws of the Commonwealth of Pennsylvania with
its principal place of business located at 1543 Saint Matthew's Road, Chester Springs, Pennsylvania 19425.
3. On or about January 24, 1995, Eshenaurs and Advanced Air entered into a written agreement
(hereinafter the "Agreement") whereby Advanced Air agreed to provide the necessary labor and materials
to complete the balancing and adjusting of the HVAC system at the project known as General Classroom
Building, Shippensburg University, Shippensburg, Cumberland County, Pennsylvania (hereinafter the
"Project") as per the plans and specifications. In exchange, Eshenaurs agreed to pay Advanced Air the fixed
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
Defendant
price of $10,300.00 for the satisfactory performance of all of its work under the Agreement. A true and
correct copy of the aforesaid Agreement is attached hereto as Exhibit A.
4. Under the Agreement Advanced Air, expressly and impliedly agreed (a) to balance the
HVAC system on the Project in a satisfactory and workmanlike manner so as to result in a properly balanced
system; (b) perform its work under the Agreement in a timely manner; and (c) submit balancing reports
approved by the mechanical engineer on the Project to Eshenaurs.
5. Advanced Air failed to perform its work under the Agreement in that it failed to satisfactorily
balance the HVAC system on the Project; failed to timely perform its work under the Agreement; and, failed
to submit balancing reports approved by the mechanical engineer to Eshenaurs.
6. As a result of Advanced Airs failure to properly balance the HVAC system on the Project,
as set forth above, Eshenaurs' was forced to terminate the Agreement with Advanced Air and to hire another
contractor to complete the balancing work.
7. Advanced Airs failure to properly perform its work under the Agreement, as set forth above,
constitutes a breach of contract.
8. As a result of Advanced Airs breach of the contract, Eshenaurs contracted with Eastern Air
Balance Corporation to complete Advanced Air's work. A true and correct copy of the Agreement between
Eshenaurs and Eastern Air Balance Corporation is attached hereto as Exhibit B.
9. As of the date of this Complaint, Eshenaurs has paid to Advanced Air the total amount of
$4,371.00.
10. To date, Eshenaurs has paid Eastern Air Balance Corporation the amount of $19.805.50 for
work which was to be performed by Advanced Air under the Agreement, which work is not yet completed.
True and correct copies of Eastern Air Balance Corporation's invoices to Eshenaurs are attached hereto as
Exhibit C.
-1-
11. As a result of Advanced Air's breach of contract, Eshenaurs has suffered damages in the
amount of $13,876.50, which amount will likely increase pending the completion of the work prior to the
trial of this matter.
12. All conditions precedent to the bringing of this action have occurred or been performed.
WHEREFORE, Plaintiff, Eshenaurs Fuels, Inc., respectfully requests this Honorable Court to enter
judgment in its favor and against Defendant, Advanced Air Associates of America, Inc., in the amount of
$13,876.50, plus costs and interest.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: July 2, 1999
THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 76301383
Attorneys for Plaintiff
-3-
Exhibit A
Rec P1 Ved: GJ?tl/9U 11:11, JI J13tl:i392 - _7 11EJ1GER & ADLER, ArINYS; P.U'. 3
JUN-29 99,09:08, FF0N:ESHEIJAURS FUEL 7x72365332 T0:717 730 7366 PAGE:03
D MD
ESHENAURS FUELS, INC. U Le
a i
2900 enr Pnok S1• ? P.O. god 2112 221 S. I?In St. LJ 4
itprypurg,PAg021 17105
PMUU giF Harrisburg Show this PUrchna Order Number F/ 002777
an all corns
ahlppfg PaMnPa?nAnp«sakspMlco,
TO
?!d!!ar? Air Associates of America_-. -
--
Berwyn. A. 19312__.
ion No 44-6023 J
1
_ Air and Water balanc'
?4 as per plans and
2 seo?ffcaaons.
? Sets
of balan
i
- .
c
ng reports,
a
_ -.-
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3QQ
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6 A• Weekly payroll oertifications r
squired on
7
B. Certificate of insurance must be submitted
a
before anY G'ork-begins............-
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- -- C. If you dD not agree with this purchase
e -"`ORmars PLEASE-Rmxm-1T mim-17) DAYS.
D.
Acceptance of this Purchase order does n
t
10 - .
o
--
rel'ieVe you of"youi re's'po§ibility..to conf . ._.--
_--- - - _to plans, specificatiens and addentiml.
12
13
16
T --
16
--
1
17
1a
10 --
20
1. Pule" send.._ Cooks of your invoice.
2. ordp U to be sntarad In accordance with Prices, dellvety and epeoltlutlone shown above. ,
3. Notify us immediately It you are unable to ship as @paclfled. A. -..•vl filed by
J lJl?1?vE5
Exhibit B
Received: 612"/ 0 D:Ia; /1 12JUb332 -1 READER 8 ADLER, ATTNYS; P."e e
JUN-29 99,09:08, FFOPI:ESHENAURS FUEL 7f 723653',2 TO:717 730 7366 PRGE:08
ESHENAURS FUELS. INC.
2900 Harr St P.O. Box '2112 227 S. l7th St
Penbrook .
Harrisburg, PA 17105 Harrisburg
Show this Purchase Order Number
F 002027
Ishees 2365071 on all correspondence, Invoices,
Shipping papers and packugse,
TO Eastern Air Balance Corp.
76 Hershey Road
Elizabethtown, PA 17022
ATTN: Tony Reynolds
YN @/ ? , - ?. •^er. .m+y`a +xr- J??S i ?`T "_',e!HrY '7'•T?FAC?".i•'+f ^'•--
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Perform air and water balancing, sound
2 testing as per plane and specification s.
3 Work to be done on an hourly basis at
4 a rate of $71.50
per hour starting
5 12/21/98.
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12
13 r
14
17
19
to
20
1. Please sand coples of your invoice. f
2. Order Is to be entered In accordance with prices, delivery and specifications shown above !J
3 Notify US Immediately 11 you a,e unable to ship as specified. ANhonlad by
EXHIBIT C
E Ea.stern Air Balance Corporation ,
A B 76 HERSHEY ROAD
ELIZABETHTOWN, PA 17022
F-
Phone 717367.9090
FAX 717367.7662
TO: Eshenaur Fuels, Inc.
2900 Herr Street
Post Office Box 2112
Harrisburg, PA 17105
DESCRIPTION
THIS IS THE 1ST INVOICE FOR
SERVICES RENDERED ON THE
SUBJECT PROJECT UP TO AND
INCLUDING 12/31/98 FOR FIELD
BALANCING.
s
TECHNICIAN
Straight Time
Grand Total
ENTERED JAN 0 4 1999
AMOUNT
112.00 Hours 71.50 8,008.00
INVOICE.
INVOICE DATE CUSTOMER NO. INVOICE NUMBER
12-31-98 5073 677898.0
P.O. NUMBER CUSTOMERJOBN EABCJOBN
F002027 677898
PROJECT:
Shippensburg Univ. Classrooms
4y- c??a3
TERMS. NET 30 DAYS.
8,008.00
rte: nnBl!
Eastern Air Balance Corporation .
76 HERSHEY ROAD
ElIZABETHTOWN, PA 17022
INVOICE. CUSTOMERNO. INVOICENUMBER
Phone 717.3679090 1-21-99 5073 677898.02
FAX 717.367.7662
P.O. NUMBER CUSTOMERJOBN EABC JOBN
F002027 677898
TO: Eshenaur Fuels, Inc. PROJECT:
2900 Herr Street Shippensburg Univ. Classrooms
Post Office Box 2112
Harrisburg, PA 17105
DESCRIPTION AMOUNT
THIS IS THE 2ND INVOICE FOR
SERVICES RENDERED ON THE
SUBJECT PROJECT UP TO AND
INCLUDING 1/17/99 FOR FIELD
BALANCING. RECEIVED JAN 2 5 1999
TECHNICIAN
Straight Time 152.00 Hours 71.50 10,868.00
Grand Total 10,868.00
ENTERED JAN 2 b 1999 ?gL(,Loc ? ?Ngt2 D
TERMS. NET 30 DAYS.
Received: 7/ 1/99 15:20; 7172305332 - READER 6 ADLER, ATTNYS; Page 2
JUL-01 99.14:.t6 FROM:ESHENPL)PS FLEL 7Y7,23{a533?
T0:717 730 7366 PRGE:02
97/81/1995 16 11 7173677662 EASTERN AIR BALANCE PAGE 02
.. i. r }. {•(n T 1 .y ?? ,?y tt7?*1? .ri .r .r
t
';• DMm ?M11h,6t11Anoo CorporilldN'''l j'
M NBRONEY ROAD i •.. ?l IN Y OIcE .
ELIiABETHTiOWN. PA 17022
.
INIMOR OATS
Phone 717"367.9M 6-29-99 50732 677898.03
FAX 717867.7662
PO.NIMBER CUSTOMER-Me WOJ06I
fO02027 677898
7O: Eshenours Fuels, Inc.
2900 Herr Street
Post Office Box 2112
Harrisburg, PA 17105
020MIPTM
ShiPPensburg Univ. Classrooms
AMOUNT
THIS IS THE 3RD INVOICE FOR
SERVICES RENDERED ON THE
INCLUDINGPROJECT 06%27/99 FOR AFIELD
BALANCING.
TECHNICIAN
Straight Time
Grand Total
13.00 Hours 71.50
929.50
929', 50?
TERMS: NSr B90AYS.
lent by: READER 8 ADLER, ATTNYS 717 730 7388;
VERIFICATION
08/30188 8:48; JedfiX ff815;Page 3
% . .
I, CRAIG ESHENAUR, hereby verify that I am the President of Eshenaurs Fuels, Inc., and as
such, I am authorized to verify the averments of the foregoing document are true and correct to my
personal knowledge, information and belief. 1 understand that false statements herein are made
subject,to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
ESHENAURS FUELS, INC.
By: r'
CRAIG ESHENAUR
Date: (P I I99
ESEVESL 1LLO
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r 7 OATH
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. ` l,? r" L/, L 19 rf
We do solemnly swear (or affirm) chat we will support, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the dutie7 94our office with,fidelity.
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
applicable.)
Date of Hearing: ¢11 4LcLD
Date of Award:
411 rLc7°-.
S
NOTICE OF ENTRY OF AWARD
Now, the r?C/ day of Aja,\i-Q 2poo at A .:f. , the above
award was entered upon the docket and notice thereof given by mail to the
parties or their attorneys.
Arbitrators' compensation to be
paid upon appeal: Prothono ry
$ @90.00 By:
Deputy
?0.?? d 3, Lan2? Ems. - cl.?J Y1o? show ??
I?o1 ?,Qcl S . S? W; ? ? Cha?r•rna,?
?.eu I ?1 . Ledeh?hrn ?sc?.. s G.sh4d
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ESHENAURS FUELS, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
ADVANCED AIR ASSOCIATES OF
AMERICA, INC.,
: No. 99-4071 CIVIL TERM
CIVIL ACTION - LAW
Defendant
TO THE PROTHONOTARY:
Please enter judgment against Defendant Advanced Air Associates of America, Inc. in the
above matter pursuant to the Arbitration Award entered on April 19, 2000, in the amount of
$13,876.50. A true and correct copy of the Arbitration Award is attached hereto.
Respectfully submitted,
REAGER, ADLER4 COGNETTI, P.C
Date: May 30, 2000
THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
THOMAS O. WILLIAMS, ESQUIRE
Attorney I.D. No. 67987
2331 Market Street
Camp Hill, PA 17011-4642
Telephone: (717) 763-1383
Attorneys for Plaintiff
I ..
ESHENAURS FUELS, INC.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 99-4071 CIVIL TERM
ADVANCED AIR ASSOCIATES OF
AMERICA, INC., CIVIL ACTION - LAW
Defendant
TO: Advanced Air Associates of America, Inc., Defendant(s)
You are hereby notified that on 3/ , 2000, the following (Order)
(Decree) (Judgment) has been entered against yo t in the above-captioned case.
Date: `711 ... 31 javu la. ' 1c, "^ t'
Prothonotary I hereby certify that the name and address of the proper person(s) to receive this notice is:
Advanced Air Associates of America, Inc.
1543 Saint Matthew's Road
Chester Springs, PA 19425.
j
THONfXS O. WILLIAMS, ESQUIRE
Attorney for Plaintiff
-7-
A Advanced Air Associates of America, Inc., Defendido/a
Por este medio se le esta notificando que el de del 2000, cUla
siguient (Orden), (Decreto), (Fallo) ha sido anotado en contra suya en el caso mencionado en el
epigrafe.
Fecha:
Protonotario
Certifico que la siguiente direccione es la del defendido/a Begun indicada en el certificado
de residencia:
Advanced Air Associates of America, Inc.
1543 Saint Matthew's Road
Chester Springs, PA 19425.
7
Thomas O. Williams
Abogado del Demandante
-3-
A% A,
may; ????
OATH
In The Coy of Common-Pleas of
Cumberland County, Pennsylvania
No. C ? Z, 19"
We do solemnly swear (or affirm) that we will support, obev and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the dutie7 -Four office w4Midelity.
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affi=ed), make the following award:
(Mote: If damages for delay are awarded, they shall be
separately stated.)
V
Date of Award: 411 'GLey ifii,?-fe???i1-?• .Gv1-
Dace of Rear:ng:_4 l`f c-Z>
NOTICE OF -ENTRY OF AWARD
Now, the !q"' day of at .;1., the above
award was entered upon the docket and notice thereof given by mail co the
parties or their attoraevs. \1 I C
Arbitrators' compensation to be
paid upon appeal: Prothono ry
S @90 -CO By: vNG;-) ?1S u?>C);? ? . , ..
Deputy
. Arbitrato;, d sencs. (Insert name i`
applicable.)
MCL-E9L ULL)
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