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HomeMy WebLinkAbout03-5197EICHELBERGERS, INC., : Plaintiff : : VS. : : M. H. DIELECTRICS, INC., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLA/qD COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 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 cla£ms 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 TA/{E 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 Jam~ D. Bog~tr, Esquire Pa. I.D. NO. 19475 Jennifer B. Hipp, Esquire Pa. I.D. No. 86556 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorneys for Plaintiff, Eichelbergers, Inc. EICHELBERGERS, INC., : Plaintiff : : VS. : : DIELECTRICS, INC., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL COMPLAINT Eichelbergers, Inc., Plaintiff, by and through its attorneys, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, respectfully represent as follows: 1. Plaintiff herein is Eichelbergers, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 107 Texaco Road, Mechanicsburg, Cumberland County, Pennsylvania 17050-2626. 2. Defendant herein is M. H. Dielectrics, Inc., a business operating in the Commonwealth of Pennsylvania, having its princi- pal office at One Mountain Street, Mt. Pennsylvania 17065. 3. In accordance with a Proposal Holly Springs, made by Plaintiff, which Proposal was made upon the request of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant requested and Plaintiff agreed to supply certain services, equipment, testing, materials, and labor, all in conjunction with a request by Defendant that Plaintiff make a service call to Defendant's business location at One Mountain Street, Mount Holly Springs, Pennsylvania, to repair a pump that was not operating. 4. As a result of the service call that Plaintiff made at Defendant's business location to determine why Defendant's pump was not operating, Plaintiff determined that to replace its existing pump with a new pump, Plaintiff replaced the existing, non-operational pump with a new, operating pump. 5. Plaintiff fully and adequately performed the services requested and provided the materials ordered by the Defendant, all performed in an acceptable and workmanlike manner, said work being completed on February 12, 2003. 6. On February 28, 2003, Plaintiff submitted to Defendant its invoice in the amount of $8,172.00, which Invoice Statement Defendant would have at which time represents the agreed-upon charges provided by Plaintiff to Defendant. the invoice is attached hereto, rated herein. for the items and services A true and correct copy of marked Exhibit "A~ and incorpo- 7. After research, Plaintiff confirmed with the manufac- turer of the non-operational pump that this pump could be re- 2 placed by a new pump at the manufacturer's cost because the original, non-operational pump was still under warranty. 8. Thereafter, on July 18, 2003, Plaintiff issued to Defendant a credit in the amount of $5,000.00, same representing the cost of the pump as replaced by the manufacturing company. A true and correct copy of the Credit Memo is attached hereto, marked Exhibit ~B" and incorporated herein. 9. After the Credit Memo was issued, Defendant's balance due and owing to Plaintiff for services provided and materials supplied totaled $3,172.00. 10. 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 and Credit Memo (see Exhibits "A" and "B"), of $3,172.00. 11. Payments of all amounts tiff at for a total amount due and owing due were to be made 107 Texaco Road, Mechanicsburg, Pennsylvania. COUNT NO. 1 - BREACH OF CONTRACT to Plain- 12. The averments of Paragraphs 1 through and including 11 hereinabove are incorporated herein by reference thereto. 13. By virtue of the contract between Plaintiff and Defen- dant, Defendant agreed to pay, in full, the reasonable and necessary cost of services rendered and goods provided, which outstanding balance as of July 18, 2003, was $3,172.00. 14. To date, Defendant, despite proper request and demand by Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, M. H. Dielectrics, Inc., in the amount of $3,172.00, plus interest, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 2 - QUANTUM MERUIT/IMPLIED CONTRACT 16. provided 17. 15. The averments of Paragraphs 1 through and including 14 hereinabove are incorporated herein by reference thereto. Pursuant to the request made by Defendant, Plaintiff services and goods to Defendant. The reasonable and necessary charges for said services and goods provided as requested by Defendant are in the total amount of $3,172.00. 18. To by Plaintiff, date, Defendant, despite proper request and demand has not brought its account current. 4 for performance of impliedly promised to 19. By reason of Defendant's request services and providing of goods, Defendant pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, M. H. Dielectrics, Inc., in the amount of $3,172.00, plus inter- est, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHI~ENT 20. The averments of Paragraphs 1 through and including 19 hereinabove are incorporated herein by reference thereto. 21. Defendant obtained the services and goods of Plaintiff as set forth herein. 22. Plaintiff fully and adequately performed services and provided goods requested by Defendant. 23. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's services and goods from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $3,172.00. 5 WHEREFORE, Plaintiff demands judgment against Defendant, M. H. Dielectrics, Inc., in the amount of $3,172.00, plus interest, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 4 PAYMENT ACT, 73 P.S. ~ 24. The averments of Paragraphs - BREACH OF CONTRACTOR AND SUBCONTRACTOR 501, et sec. 1 through and including hereinabove are incorporated herein by reference thereto. 25. Plaintiff and Defendant entered into a construction contract requiring Plaintiff to perform certain services and provide certain materials to its business site located in One Mountain Street, Mount Holly Springs, Pennsylvania. A. 26. 23 See Exhibit Defendant obtained the services and goods of Plaintiff pursuant to herein. 27. the terms of their construction contract as set forth provided goods requested by Defendant pursuant to the their construction contract as set forth herein. Plaintiff fully and adequately performed services and terms of 28. Defendant breached its payment obligations to Plaintiff as set forth in the Contractor and Subcontractor Payment Act, 73 seq., by failing to make payment to Plaintiff in a P.S. ~ 501, et timely manner. WHEREFORE, ]Plaintiff demands judgment against Defendant, M. H. Dielectrics, Inc., in the amount of $3,172.00, plus inter- est and applicable penalties, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. Date: September 30, 2003 Je nl%er B. Hipp, Esquire James~ ~. Bogar, Esquire Attorneys for Plaintiff, Eichelbergers, Inc. 7 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. CoS.A. Section 4904, relating to unsworn falsification to authorities. DATE: September 26, 2003 Baird, CPA Vice President of Finance Eichelbergers, Inc. ****** INVOICE ****** PAGE: 1 EICH~LBER~ERS, INC. 107 TEXACO ROAD MECHANICSBURG, PA INVOICE NI/MBER: INVOICE DATE: CUSTOMER P.O. ORDER NUMBER: ORDER DATE: (717) 766-4800 SALESPERSON: CW CUSTOMER NO: CLW8433 17050 0037394-IN 02/28/03 0031006 SOLD TO: SHIP TO: M. H. DIELECTRICS INC. M. H. DIELECTRICS INC. 1 MOUNTAIN ROAD 1 MOUNTAIN ROAD MOUNT HOLLY SPRINGS PA 17065 MT HOLLY SPRGS PA 17065 CONFIRM TO: TERMS: DUE ON RECEIPT SHIPPED ITEM NO. UNIT PRICE ~MOUNT --- SVC JOB 0031008 --- CUSTOMER REPRESENTATIVE, TIM SULLIVAN, SERVICE REPORTING PUMP NOT OPERATING. **02/04/03--TECHS PULLED PUMP. **02/ll/03--TECHS REINSTALLED PUMP. **02/12/03--TECHS STARTED PUMP. ORDERED 19.000 19.000 29.000 29.000 7.000 7.000 4.000 LA_BOR-1ST TECH-02/04/03 QTR LABOR-2ND TECH-02/04/03 QTR LABOR-1ST TECH-02/ll/03 QTR LABOR-2ND TECH-02/ll/03 QTR LBOR-1ST TECH-02/12/03 QTR LABOR-2ND TECH-02/12/03---N/C QTR #357 HOIST, PER HR - 02/04/03 EACH 16.500 16.500 16.500 16.500 16.500 .000 50.000 313.500 313.500 478.500 478.500 115.500 .000 200.000 PLEASE RETURN (1) COPY OF INVOICE WITH PAYMENT! EXHIBIT A CONTINUED ****** INVOICE ****** PAGE: 2 EICHELBERGERS, INC. 107 TEXACO ROAD MECHAN!CSEURG, PA (717) 766-4800 17050 INVOICE NUMBER: INVOICE DATE: CUSTOMER P.O. ORDER NT/MBER: ORDER DATE: SALESPERSON: CUSTOMER NO: 0037394-IN 02/28/03 0031006 CW CLW8433 SOLD TO: M. H. DIELECTRICS INC. ! MOUNTAIN ROAD MOUNT HOLLY SPRINGS PA SHIP TO: M. H. DIELECTRICS INC. 1 MOUNTAIN ROAD 17065 MT HOLLY SPRGS PA 17065 CONFIRM TO: TERMS: DUE ON RECEIPT SHIPPED ITEM NO. UNIT PRICE AMOUNT 6.000 #357 HOIST, PER HR - 02/11/03 EACH 50.000 300.000 1.000 60 HP,460V,1PH FR3~NKLIN MOTOR EACH 5,949.000 5,949,000 1.000 SPLICE KIT,#8-3 LHS3M EACH 23.500 23.500 PLEASE RETURN (1) COPY OF I.XrVOICE WITH PAYMENT! NET INVOICE: LESS DISCOUNT: SA_LES TAX: INVOICE TOTAL: 8,172.00 .00 .00 8,172.00 *** CREDIT MEMO *** PAGE: 1 EICHELBERGERS, INCl. 107 TEXACO ROAD MECHANICSBURG, PA (717) 766-4800 17050 INIVOiCE NUMBER: 0508678-CM Ik~VOICE DATE: 07/18/03 SALESPERSON: CW TAX SCHEDULE: PA M. H. DIELECTRICS INC. 1 MOUNTAIN ROAD MOUNT HOLLY SPRINGS CONTACT: PA 17065 CUSTOMER NO CLW$433 CUSTOMER P.O. SHIP VIA TERMS DUE ON RECEIPT SALES CD DESCRIPTION QUANTITY PRICE AMOUNT PA WARP~XNTY CREDIT 5,000.00- PLEASE RETURN (1) COPY OF IATVOICE WITH PAYMENT! EXHIB~ B NET INVOICE: 5,000.00- FREIGHT: .00 SALES TA~: .00 SHERIFF'S RETURN - CASE NO: 2003-051!)7 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUNBERLAND EICHELBERGERS INC VS M H DIELECTRICS INC REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE M H DIELECTRICS INC DEFENDANT , at 1340:00 HOURS, on the at ONE MOUNTAIN STREET MT HOLLY SPRINGS, PA 17065 ALLAN NADEAU, PRESIDENT, ADULT a true Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 6th day of October , 2003 by handing to IN CHARGE and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Smbscribed to before me this [~ day of ~,.~_, ~l~ A.D. ' ProttTonotary So Answers: R. Thomas Kline 10/07/2003 JAMES D BOGAR ~Deputy Sheriff EICHELBERGERS, INC., Plaintiff VS. M. N. DIELECTRICS, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA/~IA : : CIVIL ACTION - LAW : : NO. 03-5197 CIVIL TERM : TO: M. H. Dielectrics, Inc. One Mountain Street Mt. Holly Springs, PA 17065 DATE OF NOTICE: November 6, 2003 IMPORTANT NOTICE YOU A_RE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEA3JtNCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT ~ITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT FLAY BE ENTERED A~AINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHE~ IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 D.~B~gar, Esquire Pa. I.D.X~. 19475 Jen~'f~r B. ~ipp, Esquire Pa. I.D. No. 86556 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorneys for Plaintiff, Eichelbergers, Inc. CERTIFICATE OF SERVICE We, James D. Bogar, Esquire, and Jennifer B. Hipp, Esquire, hereby certify that we are this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named corporation this day by depositing same in Receipt Requested, lows: the United States Mail, Certified Mail, Return at Shiremanstown, Pennsylvania, addressed as fol- M. H. Dielectrics, Inc. One Mountain Street Mt. Holly Springs, PA 17065 ~tT.DD] N~o.a"~4~quire Date: November 6, 2003 Jenni~r B. ~ipp, Esquire Pa. I.D. No. 86556 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorneys for Plaintiff, Eichelbergers, Inc.