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Home My WebLink About03-5112EICHELBERGERS, INC., : Plaintiff : : vs. : : CS&E, INC., : Defendant : IN THE COURT OF COMMON PLEA3 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 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 attor- ney and filing in writing with the court your defenses or objec- tions 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 Ti~/fE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR C/LNNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU C/LN GET LEGAL HELP. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) B~~r, Esquire Pa. I.D. N~J. 19475 990-9108 Je p, Esquire Pa. I.D. No. 86556 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorneys for Plaintiff, Eichelbergers, Inc. Copy of the final invoice, as attached to that correspondence, is attached hereto, marked Exhibit ~D" and incorporated herein. 10. Plaintiff fully and adequately performed the services requested and provided the materials ordered by the Defendant in accordance with Plaintiff's Proposal and Change Orders Number 1 and Number 2, manner, 11. all performed in an acceptable and workmanlike said work being completed on April 15, 2002. On August 20, 2002, the Plaintiff submitted to Defen- dant its final invoice in the amount of $16,328.50, which repre- sents the agreed-upon charges for the materials and services provided by Plaintiff to Defendant. See Exhibit 12. Defendant made two (2) payments on account of the above-referenced invoice, both in the amount of $3,000.00, said payments being made on February 27, 2003, and May 29, 2003, leaving a balance due and owing of $10,328.50. 13. Plaintiff's invoice and statement represent the reason- able and necessary charges for its services and goods provided. 14. Despite Plaintiff's repeated demands, Defendant has failed and refused to bring current and pay in full the amount billed as set forth in Plaintiff's invoice statement (see Exhibit "D"), for a total amount due and owing of $10,328.50. 4 from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $10,328.50. WHEREFORE, Plaintiff demands judgment against Defendant, CS&E, Inc., in the amount of $10,328.50, plus inter- est, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 28. 4 - BREACH OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. § 501, et seq. The averments of Paragraphs 1 through and including 27 hereinabove are incorporated herein by reference 29. Plaintiff and Defendant entered into a contract requiring Plaintiff provide certain materials to Wilkes Barre, Pennsylvania. 30. Defendant obtained pursuant to the terms of their herein. 31. provided goods requested by Defendant pursuant to the their construction contract as set forth herein. thereto. construction to perform certain services and a construction site located in See Exhibit A. the services and goods of Plaintiff construction contract as set forth Plaintiff fully and adequately performed services and terms of 7 32. as set P.S.§ Defendant breached its payment obligations to Plaintiff forth in the Contractor and Subcontractor Payment Act, 73 501, et seq., by failing to make payment to Plaintiff in a timely manner. WHEREFORE, Plaintiff demands judgment against Defendant, CS&E, Inc., in the amount of $10,328.50, plus interest and applicable penalties, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. Date: %¢~ 23 , 2003 JenniFer B. HiplJ, Esquire Ja~s D'.~B~, Esquire Attorneys for Plaintiff, Eichelbergers, Inc. 8 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: September 18, 2003 Vice President of Finance Eichelbergers, Inc. Proposal Number KG0552 Job Description Qty Work to be completed Approximately 2500' of geo-teeh borings and NQ rock coring Unit Price Extended Price Total Mobilization and demobilization 1.00 Each(1 rig and crew) Per diem 20.00 2 man crew per night 4 1/4" HSA geo-tech borings 2,500.00 Lineal feet Borings in excess of 100' will be charged ~ $13.00/1f Borings to be baclcf'dled w/native soil NQ rock coring 0.00 Lineal feet Core boxes Standby time 0.00 Each 0.00 Hours 250.00 250.00 210.00 4,200.00 11.00 27,500.00 28.OO 0.00 20.00 0.00 150.00 0.00 **Air rotary track rig** Mobilization and demobe $975.00/ 6"nominal air rotary drilling $9.00/1f 6"temporary steel casing $9.00/If Standby time $165.00/hr Set up eharge$60.OO/ea *Supplemental* All boring locations truck mount accessable Borings of 15' or less charged $50.00/ea set up. Bentonite backfill $12.00/bag Asphalt or concrete patch $10.00/bag Landscaping restoration not included Estimated project total EXHIBIT Phone $00-360-0660 I~ 31.950.00 10'7 Texaco Road. Mechani~ab~g, PA 1.705 t~ Fax 717-691-6069 ~ www.eichelbereer~ enm 0~/02/2902 ~3:§6 8234?27 PASONICK KG05 3. Eichelbergers, Wilkes-Barre Geo-tech Proposed Terser C%IANCE ORf)KR # I PAGE 02 Page ! o~ 1 P. xt~zct P6,'¢ Tol~[ Roller biz ~tr~llb~R throu&ll auger~ Set up ~ 0.~ To~l ~1 f~et u~own I !.00 SS.00 19,'~0 0,00 0,00 Thee costs are as need basis. Every altemp: will be made lo complete the project by cunvenflonal met.4od$. If you accept these rat~ please a~d return or lex u copy Lo our office I~a~ (71'/)69i-60~9 Thauk you FOR: EXHIBIT B 04102/2002 Prop~J Nurabcr KG0596 13:56 8234727 PASONICK JR, ~MC., MICHAEL J, ~;VUk~-~rro (~o Tee. h PASONICK: Eichelbergers, PAGE 01 : L Qty Additional pricing for project C~mc::t/bentonite grout lf~ou accept/It~e ~ ~lea~e return Or tax a copy to our o~ce Fa~(7t~691-6069 ~aak yoo 0.00 lO?Tc~xa~aaad, M~burs PA ]?O$ ~ PhancSO0-:~04}C.~l ~ Fa.x7',7-&~.-~O~g ~ w'ww.~c~e4bc~gct~com I~hom~ 570-823-4712 R~, Revised Craft Invoice for Proposed (2) including cover Au§ust 30, ?.002 Target Stem In Wilkes Ban'e, PA (::~: FiLe Dear Beb: As per our conversation, I have revi,~ud uur invoice for thc work performed at the proposed Target In Wilkes E, arre, PA. Pleaae review. If a~eptable, please sign and tatum via fax @ (717) 691-6069 to the attention Of Penny. She wiJl then prepare ~e final copy and forward ,,,ia mail. I believe it,,~as mentioned We would be ale to mcc{vc payment wi~in 10 - t $ days upon ~pprovaL I may be macmed at (717) 766--4800 x 3141 if you have quest~cns. Thank you, Kenneth J, Project Manager ~gGNVIS 3CC~ 08~I§~0i~I BN~N/'ON X~ ONI SN=gN_.~E-r~_-HOIB ~:60 ~00~10gl80 731 XV3 3NIl 1~0~3~ NOI£¥OI~I~3A NOISSINSN~£ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAI~D EICHELBERGERS INC VS C S & E INC R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CS & E INC but was unable to locate Them deputized the sheriff of LUZERNE , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On October 9th , 2003 attached return from LUZERNE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Luzerne Co 27.00 .00 64.00 10/09/2003 JAMES BOGAR Sworn and subscribed to before me this /~~' day of A.D. Prothonotary-- this office was in receipt of the R.(Thomas Klini~ ~ ~ ~f~~' Sheriff of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Eichelbergers~, Inc. VS. CS&E Inc. SERVE: sane No. 03-5112 civil NOW, Septenber 30, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of LuZerne County to eiecute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW, within upon at by handing to a and made known to Affidavit of Service ,20 . ,at o'clock M. served the copy of the original So answers, the contents thereofi Sworn and subscribed before me this __ day of ,2O Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA TD~-~ (5 ?0) 825-1860 Luzerne County Sheriff's Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS. CUMBERLAND COUNTY 03-5112 EICHELBERGERS, 1NC. V$ C S & E, 1NC. FAX: (570) 825-1849 MARY JEAN FARRELL Deputy Sheriff of Luzerne County, being duly sworn according to law, deposes and says that after having made diligent search and inquiry for the within named, c s & E, ~C. he was unable to find the within named in the said County of Luzerne. Reason: SEE ATTACHED SHEET. Attempts: Sworn to and subscribed before me this 6TH day of OCTOBER 20 03 Prothonotary of Luzeme County So answers, Sheriff of Luzeme County Depu of Luzerne County TDD (570) 825-1860 ~.u~trn~ ~unt~, ~griff's ~tpartmznt 200 North River Street Wilkes-Barre, Pennsylvania 18711 ($70) S25-16Sl STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS. Sworn to and subscribed before me 80 m, ,Sheriff of Luzeme County Prothonotary of Luzeme County Deputy Sherl~,~eme County EICHELBERGERS, INC., Plaintiff vs. CS&E, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03-5112 CIVIL : PRAECIPE TO REINSTATE COMPLAINT On behalf of Eichelbergers, Inc., Plaintiff in the above- captioned matter, kindly reinstate the attached Complaint for service of original process upon CS&E, Inc., Defendant in the above-captioned matter. Date: October 23, 2003 Je · B. Hipp, Esquire Ja~es D. B~glr, Esquire Attorneys for Plaintiff, Eichelbergers, Inc. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-05112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EICHELBERGERS INC VS C S & E INC R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CS & E INC but was unable to locate Them deputized the sheriff of LUZERNE Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 24th , 2003 attached return from LUZERNE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Luzerne Co 27.00 .00 64.00 11/24/2003 JAMES D BOGAR Sworn and subscribed to before me this /O ~ day of ~ ~_~ ~2~30 _~ A.D. ~ Proehonotarg~ , this office was in receipt of the ? So an~3~rs: RJ ThoB~s' Kline Sheriff of Cumberland County SHERIFF'S RETURN CASE NO: 2003-05112 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EICHELBERGERS INC VS C S & E INC - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT CS & E INC but was unable to locate Them deputized the sheriff of LUZERNE serve the , Sheriff or Deputy Sheriff who being says, that he made a diligent search and , to wit: in his bailiwick. County, within COMPLAINT & NOTICE He therefore Pennsylvania, to On November 24th , 2003 attached return from LUZERNE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Luzerne Co 27.00 .00 64.00 11/24/2003 JAMES D BOGAR Sworn and subscribed to before me this ]o ~ day of ~t~ ~--~ A.D. Prothonotary this office was in receipt of the So an~Fers:~. .... ~r." R. Tho~s Kline ~ Sheri.~ of Cumberland County In The Court of Common Pleas of Cumberland County, Pennsylvania Eichelbergers, Inc. VS. CS&E, Inc. SERVE: s~ne No. 03k5112 civil NOW, October 24, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Luzerne County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within ,20 , at o'clock __ M. served the upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof County, PA COSTS SERVICE MILEAGE AFFIDAVIT TDD '(570) 825-1860 Luzerne County Sheriff's Department Luzerne County Courthouse 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 STATE OF PENNSYLVANIA COUNTY OF LUZERNE: SS, CUMBERLAND COUNTY 03-5112-CIVIL EICHELBERGERS, INC. CS & E INC. FAX: (570) 825-1849 MARY JEAN FARRELL Deputy Sheriff of Luzerne County, being duly sworn according to law, deposes and says that after having made diligent search and inquiry for the within named, cs & E, ]NC. he was unable to find the within named in the said County of Luzeme. Reason: SEE ATTACHED SHEET. Attempts: Sworn to and subscribed before me this 13TH day of NOVEMBER 20 03 I Prothonotary of Luzeme County So answers, Sheriff of Luzeme County by Deputy Sheriff Cf Li~'/,e?ne Co~uhty ~ T~D (570) 825-18b0 ? . ~.UZtr~ C~unt~ ~bl~dff's ~tpartmtnt ~.u~r~ C~um~ C~urttmz~ 200 North River Street Wilkes-Barre, Pennsylvania 18711 (570) 825-1651 STATE OF PENNSYLVANIA COUNTY OF LUZERNE: ~,~. that alter having made diligent swch w~d inquiry for the within named. ~'~ / '~/~: Sworn to and subscribed before me Prothonotary of [.uzeme County DeptJty/~of !.?eme County EICHELBERGERS, INC., : Plaintiff : VS. : CS&E, INC., : Defendant : IN THE COURT OF COM~ffON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-5112 CIVIL PRAECIPE TO DISCONTINU~ To the Prothonotary: On behalf of Eichelbergers, Inc., Plaintiff in the above-captioned matter, please mark this matter discontinued as to Defendant, CS&E, Inc. DATE: January 7, 2004 pa?nl .f~.r ~. H~ 6Esquire One West Main Street Shiremanstown, PA 17011 (717) 737-8761 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Praecipe to Discontinue upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Robert F. Brannon CS&E, Inc. 330 Franklin Street West Pittston, PA 18643 Date: January 7, 2004 Esquire