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Home My WebLink About99-04276 W. 0 Q N N J ;Z { ,S ;e F 1FILF NDATAFILMGEND \8193-COM /We CmWn 0711')9913.1839PM RevisN 0711W9104903AM 818) 1 BUSINESS AIRPORT OF CARLISLE, INC., Plaintiff V. EARTH SAVERS, INC. d/b/a ES ENVIRONMENTAL REMEDIATION, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- V.2 76 &,a 7- t--CIVIL ACTION - LAW JURY TRIAL DEMANDED 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 Plaintiffs. 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 Telephone(717)249-3166 MARTSON DEARDORFF WILLIAMS & OTTO By Zoe-a Le, George'-. Fa W Jr., Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: July 14, 1999 F\FILESWATAFIL[IGEN1R1C %183.COMI Created 0711`) n 13 ]3 W FN Revised. 07114 9l0A05ANI BUSINESS AIRPORT OF CARLISLE, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99- q-27L C<,d Tz.. - CIVIL ACTION - LAW EARTH SAVERS, INC. d/b/a ES ENVIRONMENTAL REMEDIATION, Defendant : JURY TRIAL DEMANDED 1. The Plaintiff is Business Airport of Carlisle, Inc. ("Carlisle Airport"), a Pennsylvania corporation with an address at Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Earth Savers, Inc. d/b/a as ES Environmental Remediation, a corporation with an address at 7051 East Steubenville Pike, Oakdale, Allegheny County, Pennsylvania 15071. 3. On or about September 18, 1998, Plaintiff entered into a contract with Defendant where Defendant agreed to perform and furnish various materials and equipment and perform labor and services in conjunction with the replacement of the fuel system located at the Carlisle Airport. 4. Defendant, ES Environmental Remediation, has not satisfied its obligations under the contract and has breached the contract in the following material respects: a. Failing to complete the project in a timely manner, thus jeopardizing certain grants from the Commonwealth of Pennsylvania; b. Failing to install the concrete slabs in accordance with the engineered drawings; C. Failing to properly install the asphalt binder in the paved ramp area which is already showing indications of improper compaction and/or inadequate stone base; d. Failing to install an operative avgas hose reel spring return; and e. Failing to remove underground storage tanks. 5. As a result of the breach of the contract by Defendant, Plaintiff has incurred or will incur additional expenses in completing work which Defendant was to perform under the contract. WHEREFORE, Plaintiff demands judgement against the Defendant in an amount in excess of $25,000.00 and recision of the contract, plus interest, cost and attorney's fees. MARTSON DEARDORFF WILLIAMS & OTTO George B. Fuller, Jr.,Esc I.D. No. 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: July 14, 1999 Bret J. Whitcomb, who is Treasurer of Business Airport of Carlisle, Inc., and acknowledges that he/she has the authority to execute this Verification in behalf of Business Airport of Carlisle, Inc., certifies that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this Complaint is that of counsel and not my own. I have read the document and to the extent that the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Business AiroorVlof Carlisle. Inc. Bye Bret J. W Treasurer T T 6 4 W C C?V ,) LL11 ? O n ` v ?w NVILflMATAPILMkmA ..nMjI ,m.I/,J BUSINESS AIRPORT OF CARLISLE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4276 CIVIL V. CIVIL ACTION - LAW EARTH SAVERS, INC. d/b/a ES ENVIRONMENTAL REMEDIATION, Defendant JURY TRIAL DEMANDED PRAECIPE TO THE CUMBERLAND COUNTY OF PROTHONOTARY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. MARTSON DEARDORFF WILLIAMS & OTTO By George 13,9F ler, Jr., Es I.D. No. 813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: September 6, 2000 CERTIFICATE OF SERVICE 1, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: ES Environmental Remediation 7051 East Steubenville Pike Oakdale, PA 15071 MARTSON DEARDORFF WILLIAMS & OTTO B'/ ac gline A. Decker Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 6, 2000 :,, .. ?= ? ? -.