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HomeMy WebLinkAbout07-7630EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2007- 7? 3G> CIVIL ACTION-LAW VARISH CONSTRUCTION, INC., Defendants. 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 an 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 EXPLOSIVE EXPERTS, INC., ; Plaintiffs, : V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- /4,30 C emu,,.., VARISH CONSTRUCTION, INC., Defendants. CIVIL ACTION-LAW COMPLAINT NOW, comes Plaintiff, Explosive Experts, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Explosive Experts, Inc. ("EEI") is a Maryland corporation with its principal place of business located at 30 Stevenson Lane, Cockeysville, Maryland. 2. Defendant, Varish Construction, Inc., ("Varish Construction")is a Pennsylvania corporation with a principal place of business located at 800 Bullfrog Road, Gettysburg, Pennsylvania. 3. In or about June of 2006, Varish Construction entered into a contract to perform site work at a location in North Middleton Township, Cumberland County, Pennsylvania which project was also known as The Commons at Parker Springs. 4. Varish Construction came to EEI and asked whether EEI would provide some of the services necessary to prepare the site for the The Commons at Parker Springs. 5. EEI agreed to perform services on a time and material basis. 6. Thereafter, Vanish Construction requested services and materials from EEI to complete the site work at The Commons at Parker Springs. 7. EEI performed the requested services and invoiced Varish Construction for the services and materials provided. 8. Attached hereto and incorporated herein by reference are three invoices, Exhibits "A", "B" and "C", respectively, from EEI to Varish Construction for services and materials provided which, to the date hereof have not been paid. 9. The balance due for Exhibits "A", "B" and "C" is $28,236.95. 10. The invoices attached were sent to Varish Construction on the following dates: Exhibit "A" May 16, 2007 Exhibit "B" May 21, 2007 Exhibit "C" May 31, 2007 11. All conditions precedent to recovery under the contract have been fulfilled. COUNT I-BREACH OF CONTRACT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Demand has been made upon Varish Construction to pay the outstanding invoices. 14. Varish Construction has, without justification, refused to pay the outstanding invoices. 15. Varish Construction has breached the agreement between the parties whereby Varish Construction agreed to pay EEI for the labor and materials it supplied at the request of Varish Construction. 16. As a direct and proximate result of this breach, EEI has been damaged by not being paid the sum of $28,236.95. WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant for the sum of $28,236.95 plus costs, expenses and interest. COUNT II-VIOLATION OF THE CONTRACTORS AND SUBCONTRACTORS PAYMENT ACT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 17. Plaintiff incorporates by reference paragraphs one through sixteen as though set forth at length. 18. The Commons at Parker Springs project is a thirty (30) unit residential townhome development. 19. After providing the invoices attached as Exhibits "A", "B" and "C", EEI received no notices of deficiencies in its work from Varish Construction. 20. EEI has performed under the terms of its contract with Varish Construction. 21. At least fourteen (14) days have elapsed since each of the invoices attached as Exhibits "A", "B" and "C" were provided to Varish Construction. 22. The Contractor and Subcontractor Payment Act provides for the recovery of reasonable attorney fees and expenses. 23. The Contractor and Subcontractor Payment Act provides for the recovery of interest at the rate of 1 % per month on the balance owed after the expiration of fourteen (14) days from the date of receipt of an invoice. 24. The Contractor and Subcontractor Payment Act provides for the recovery of a penalty of I% of the balance owed in addition to the other remedies and damages permitted under the Act. WHEREFORE, Plaintiff requests judgment in its favor and against Varish Construction as follows: a) the sum of $28,236.95; b) interest of $1,129.47 calculated from July 1, 2007 through November 1, 2007 with a per diem of $9.28 thereafter; C) a penalty of $1,129.47 calculated from July 1, 2007 through November 1, 2007 with a per diem of $9.28 thereafter and d) costs, expenses of this action and an award of reasonable attorney fees all in an amount not in excess of the limits for compulsory arbitration. COUNT III-QUANTUM MERUIT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 25. Plaintiff incorporates paragraphs one through twenty-four as though set forth at length. 26. ED provided Varish Construction with the benefit of EEI's labor and materials in the preparation of the site known as The Commons at Parker Springs. 27. The invoices attached as Exhibits "A", "B", and "C" set forth the reasonable value of the benefit so conferred upon Varish Construction by EEI. 28. By refusing to pay the invoices, Varish has been unjustly enriched by retaining the benefit of the work and materials without making payment therefor. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against the Defendant for the sum of $28, 236.95 plus costs and expenses. Respectfully submitted, O' N, BARIC & P ERE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff PAGE 08 The 311t Rents in the foregoing Complaint ate based upon information v&ch has been amembW by my attmmy in this litigation The bogmgc of the stagcmm" is y of my own. I have head the staftments, and to the extent that they are based upon infnnation which I have given tD my cxnm d, they am true and corm to the best of my .kno wledge, information and belief. I understand that false statanents herein we made subject to the penalties of IS Pa.C.& § 4904 relating to amswom falsifications to audwitics. DATE: Z?/?f o'J c?--•?? EXPLOSIVES EXPl-MTS,YNC. P.O.BOX 879 SPARKS, MD 21152 410-785-0100 Fax 410-785-0807 EXHIBIT "A" Invoice DATE INVOICE A S%lC/?Ud' 507023 EXPLOSIVES EXPERTS.TIC. Invoice P.o.BOX 879 EXHIBIT "B" SPARKS, MD 21152 410-785-0100 Fax 410-735-0307 DATE INVOICE # 5/21/2007 S07033 EXPLOSIVLS EXPERTS,I C. P.O.BOX 879 SPARKS, NID 21.152 410-785-0100 Faux 410-x,95-0807 EXHIBIT "C" Invoice DATE INVOICE 5/311200', y4'0;; Art o t: -n ('} m T- 73 0 - MIN IV ?i EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-7630 CIVIL CIVIL ACTION - LAW NOTICE TO PLEAD TO: Explosive Experts, Inc., Plaintiff, c/o David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 You are hereby advised to file a written response to the enclosed Defendant's Preliminary Objections to Plaintiff's Complaint within twenty (20) days from service hereof, or judgment may be entered against you. Date: ? 0 vi SMIGEL, ANDERSON & SACKS, L.L.P. By: d Peter M. Good, Esquire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3m Floor Harrisburg, PA 17110-1778 (717) 234-2401 EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. Peter M. Good, Esquire pgood@sasllp.com Darryl J. Liguori, Esquire dliguori@sasllp.com Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-7630 CIVIL CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW comes Defendant Varish Construction, Inc. (hereinafter "Varish"), by and through its attorneys, Smigel, Anderson & Sacks L.L.P., who file the following Preliminary Objections and, in support thereof, avers as follows: 1. Failure of Pleading to Conform to Pa. R. Civ. Proc. 1019(1). 1. Varish asks the Court to dismiss Count I of Explosive Experts, Inc.'s ("Explosive Experts") Complaint due to Explosive Experts' failure to comply with Pa. R. Civ. Proc. 1019(i). 2. Count I of the Complaint claims that Varish breached a contract between it and Explosive Experts. 3. Rule 1019(i) provides that a plaintiff must attach the material portions of any writing upon which its complaint is based. To the extent that the writing is unavailable to the plaintiff, the plaintiff must so state and provide the reason therefore and then set forth the substance of the missing provisions in writing. 4. The terms of the contract between Explosive Experts and Varish are certainly material to the Complaint as Explosive Experts is alleging Varish breached that contract but has failed to attach the contract to the Complaint. Explosive Experts has failed to comply with Pa. R. Civ. Proc. 1019(1) and has not attached the material portions of the contract upon which its cause of action is based; nor has Explosive Experts alleged that the contract is unavailable, nor has it stated the reason why it is not attached. WHEREFORE, Varish respectfully requests that the Court dismiss Count I of Explosive Expert's Complaint because it fails to conform to Pa. R. Civ. Proc. 1019(i). Date: C By A??7 lk? Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff Respectfully submitted, SMIGEL, ANDERSON SACKS, LLP Peter M. Good, Esqu e ID #64316 r .. EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-7630 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Preliminary Objections upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Date: / ? f14 SMIGEL, ANDERSON & SACKS, LLP By Peter M. G od, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7630 VARISH CONSTRUCTION, INC., Defendants. 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 an 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 EXPLOSIVE EXPERTS, INC., Plaintiffs, V. VARISH CONSTRUCTION, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7630 CIVIL ACTION-LAW AMENDED COMPLAINT NOW, comes Plaintiff, Explosive Experts, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Amended Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Explosive Experts, Inc. ("EEI") is a Maryland corporation with its principal place of business located at 30 Stevenson Lane, Cockeysville, Maryland. 2. Defendant, Varish Construction, Inc., ("Varish Construction") is a Pennsylvania corporation with a principal place of business located at 800 Bullfrog Road, Gettysburg, Pennsylvania. 3. In or about June of 2006, Varish Construction entered into an oral contract with EEI to perform site work at a location in North Middleton Township, Cumberland County, Pennsylvania which project was also known as The Commons at Parker Springs. 4. Varish Construction came to EEI and orally requested that EEI provide some of the services necessary to prepare the site for the The Commons at Parker Springs. 5. EEI orally agreed to perform services on a time and material basis. 6. Thereafter, Varish Construction orally requested services and materials from EEI to .complete the site work at The Commons at Parker Springs. 7. EEI performed the requested services and invoiced Varish Construction for the services and materials provided. 8. Attached hereto and incorporated herein by reference are three invoices, Exhibits "A", "B" and "C", respectively, from EEI to Varish Construction for services and materials provided which, to the date hereof have not been paid. 9. The balance due for Exhibits "A", "B" and "C" is $28,236.95. 10. The invoices attached were sent to Varish Construction on the following dates: Exhibit "A" May 16, 2007 Exhibit "B" May 21, 2007 Exhibit "C" May 31, 2007 11. All conditions precedent to recovery under the contract have been fulfilled. COUNT I-BREACH OF CONTRACT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Demand has been made upon Varish Construction to pay the outstanding invoices. 14. Varish Construction has, without justification, refused to pay the outstanding invoices. 15. Varish Construction has breached the oral agreement between the parties whereby Varish Construction agreed to pay EEI for the labor and materials it supplied at the request of Varish Construction. 16. As a direct and proximate result of this breach, EEI has been damaged by not being paid the sum of $28,236.95. WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant for the sum of $28,236.95 plus costs, expenses and interest. COUNT II-VIOLATION OF THE CONTRACTORS AND SUBCONTRACTORS PAYMENT ACT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 17. Plaintiff incorporates by reference paragraphs one through sixteen as though set forth at length. 18. The Commons at Parker Springs project is a thirty (30) unit residential townhome development. 19. After providing the invoices attached as Exhibits "A", "B" and "C", EEI received no notices of deficiencies in its work from Varish Construction. 20. EEI has performed under the terms of its contract with Varish Construction. 21. At least fourteen (14) days have elapsed since each of the invoices attached as Exhibits "A", "B" and "C" were provided to Varish Construction. 22. The Contractor and Subcontractor Payment Act provides for the recovery of reasonable attorney fees and expenses. 23. The Contractor and Subcontractor Payment Act provides for the recovery of interest at the rate of 1 % per month on the balance owed after the expiration of fourteen (14) days from the date of receipt of an invoice. 24. The Contractor and Subcontractor Payment Act provides for the recovery of a penalty of I% of the balance owed in addition to the other remedies and damages permitted under the Act. WHEREFORE, Plaintiff requests judgment in its favor and against Varish Construction as follows: a) the sum of $28,236.95; b) interest of $1,129.47 calculated from July 1, 2007 through November 1, 2007 with a per diem of $9.28 thereafter; C) a penalty of $1,129.47 calculated from July 1, 2007 through November 1, 2007 with a per diem of $9.28 thereafter and d) costs, expenses of this action and an award of reasonable attorney fees all in an amount not in excess of the limits for compulsory arbitration. COUNT III-QUANTUM MERUIT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 25. Plaintiff incorporates paragraphs one through twenty-four as though set forth at length. 26. EEI provided Varish Construction with the benefit of EEI's labor and materials in the preparation of the site known as The Commons at Parker Springs. 27. The invoices attached as Exhibits "A", "B", and "C" set forth the reasonable value of the benefit so conferred upon Varish Construction by EEI. 28. By refusing to pay the invoices, Varish has been unjustly enriched by retaining the benefit of the work and materials without making payment therefor. WHEREFORE, Plaintiff requests that judgment be entered in its favor and against the Defendant for the sum of $28, 236.95 plus costs and expenses. Respectfully submitted, O RIEN, BARIC SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Amended Complaint are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff, and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. DATE: David A. Baric, Esquire Attorney for Plaintiff ` EXPLOSINTS EXP1sRTS,I\C. P.O.EOX S79 SPARKS, NID 21152 410-785-0100 Fax 310-785-0807 EXHIBIT "All Invoice DATE INVOICE 4 S W2001 501023 EX1"LOSIVES EXPERTS.YINC. P-0-BOX 879 SPARKS, MD 21152 410-785-0100 F7x 410-7S5-0807 invoice DATE INVOICE 9 5:12007 5010?? BILL TO SHIP TO VARfSH CONSTRUCTION NC. ' Mn BULLFROG RD. r?: rrYSt+uRC,r'A.L 7z2s PROJECT P MBER O N TERMS REP SHIP . . U 2°.? l0 Zvc' 30 5;Y1'?(1U; 4696 THE COMMONS {tit PARKER SPRINGS QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT I$ 30002 BLASTER 55.00 990.00 4 30702 TRAb*r•.L TIML 10.00 4x.00 24 19253 ELEC IZIC BLAS'rING CAPS 3.25 73.00 80 12084 DYNO TX 2x16 1.85 14S.(Y) 14 50835 IRA 5 HYUKAULIC DRLLL 150.00 21.100.00 Z 30421 SEISMOGRAPH W.RFCORDINGDAY 60.00 120.00 1 30431 SEIS%-IOGRtaI'H ADDITIONAL RECORDING :0.00 3n.nn Total 53.506.00 EXHIBIT "B" L.l'PLOSIVLS FXPERTS,I`C. P.O.BOX 879 SPARKS, NID 21.1-52 410-785-0104 Fax 414-78>-0847 EXHIBIT "C" Invoice DATE INVOICE r 5;3InoV sn?o:: CERTIFICATE OF SERVICE I hereby certify that on January 31, 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Amended Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylv is 17110 David A. Baric, Esquire (?b -rj,.. i ' r7- SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2007-07630 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EXPLOSIVE EXPERTS INC VS VARISH CONSTRUCTION INC R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: VARISH CONSTRUCTION INC but was unable to locate Him deputized the sheriff of ADAMS serve the within COMPLAINT & NOTICE in his bailiwick. He therefore County, Pennsylvania, to On January 18th , 2008 , this office was in receipt of t attached return from ADAMS Sheriff's Costs: So answer Docketing 18.00 ' Out of County 9.00 ,-' Surcharge 10.00 R. Thomas Kline Dep Adams County 22.00 Sheriff of Cumberland County Postage 1.89 6 0 . 8 9 ? l/? Flo+. 01/18/2008 OBRIEN BARIC & SCHERER Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Explosive Experts Inc Vs. Varish Construction Inc No. 07-7630 civil Now, December 27, 2007 hereby deputize the Sheriff of Adams I, SHERIFF OF CUMBERLAND COUNTY, PA, do deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Affidavit of Service Now, January 8 , 2008 , at 8:12 o'clock P. M. served the within Complaint in Civil Action upon Varisb Construction, Inc. at 800 Bullfrog Road, Gettysburg, PA by handing to Tom Varisb, adult in charge at time of service a , and made known to Tom Varisb the contents thereof. y Sworn and subscribed before me this day of N/A , 20 copy of.the original Complaint in Civil Action COSTS SERVICE $18.00 MILEAGE 4.00 AFFIDAVIT $ 22.00 Pd. 1/11/08 RSK if 1 EXPLOSIVE EXPERTS, INC., Plaintiffs, V. : VARISH CONSTRUCTION, INC., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 7630 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO ATTACH TO THE PROTHONOTARY: Please attach the following Substitute Verification to the Amended Complaint filed in this matter on February 5, 2008. Date: February 6, 2008 Respectfully submitted, RIEN, BARIC SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/explosiveexperts/attach.pra . •01/31/2008 17:14 7172495755 0% VERMC TIM I, Ronald Burkhouse, verify that the statements made in the foregoing Amended Complaint arc true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire, and execute this verification as a substituted verification. PAGE 13 I understand that false statements herein are made subject to the penalties of I8 Pa.C.S. §4904 relating to unworn falsifications to authorities. DATE: 1131/ 00a Ronald Burkhouse "4 CERTIFICATE OF SERVICE I hereby certify that on February 6, 2008, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Attach, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pe lvania 17110 A J Y David A. Baric, Esquire rJ ..r-a C.i..1 co _ 3 e + EXPLOSIVE EXPERTS, INC., Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. VARISH CONSTRUCTION, INC., Defendant. No. 2007-7630 CIVIL : CIVIL ACTION - LAW NOTICE TO PLEAD TO: Explosive Experts, Inc., Plaintiff, c/o David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 You are hereby advised to file a written response to the enclosed Defendant's New Matter to Plaintiff's Complaint within twenty (20) days from service hereof. SMIGEL, ANDERSON & SACKS, L.L.P. Date: a d? By: A 4 Peter M. Good, Es uire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3' Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood@sasllp.com Darryl J. Liguori, Esquire dliguori@sasllp.com Attorneys for Defendant EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-7630 CIVIL : CIVIL ACTION - LAW ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW comes Defendant Varish Construction, Inc. (hereinafter "Varish"), by and through its attorneys, Smigel, Anderson & Sacks L.L.P., who file the following Answer with New Matter, in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Denied. Varish had no contract, oral or otherwise, with Explosive Experts, Inc. (hereinafter "EEI"). Varish believes and therefore avers that EEI's contract was with The Commons at Parker Springs, Inc. ("Parker Springs"), the owner of the project, or K&I Contractors, Inc. ("K&I"), the contractor. 4. Denied. Varish had no contract with EEI. 5. Denied. Varish has no knowledge or information sufficient to form a belief as to what EEI agreed to did not agree to do and therefore averments are therefore denied, with strict proof thereof demanded at trial. 6. Denied. Varish had no agreement with EEI. Varish believes and therefore avers that EEI had an agreement with Parker Springs and/or K&I. 7. Denied. Varish has no knowledge or information sufficient to form a belief as to what EEI did and therefore averments are therefore denied, with strict proof thereof demanded at trial. By way of further denial, the invoices EEI references are writings which speak for themselves, and therefore Plaintiffs summaries, conclusions, or characterizations made regarding those writings are specifically denied. 8. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiffs summaries, conclusions, or characterizations made regarding those writings are specifically denied. 9. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiffs summaries, conclusions, or characterizations made regarding those writings are specifically denied. 10. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiffs summaries, conclusions, or characterizations made regarding those writings are specifically denied. 11. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. COUNT I - BREACH OF CONTRACT 12. This is an incorporation paragraph to which no responsive pleading is required. 13. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 14. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 15. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 16. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiff's Count and enter judgment in their favor and against the Plaintiff together with any costs associated therewith. COUNT II - VIOLATION OF THE CONTRACTORS AND SUBCONTRACTORS PAYMENT ACT 17. This is an incorporation paragraph to which no responsive pleading is required. 18. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 19. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 20. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 21. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiffs summaries, conclusions, or characterizations made regarding those writings are specifically denied. 22. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 23. Denied. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 24. Denied. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiffs Count and enter judgment in their favor and against the Plaintiff together with any costs associated therewith. COUNT III - QUANTUM MERUIT 25. This is an incorporation paragraph to which no responsive pleading is required. 26. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Varish is not the owner of the site and received no benefit from EEI's work. 27. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiff's summaries, conclusions, or characterizations made regarding those writings are specifically denied. 28. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Varish is not the owner of the site and received no benefit from EEI's work. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff s Count and enter judgment in their favor and against the Plaintiff together with any costs associated therewith. NEW MATTER 29. Defendant incorporates by reference the preceding paragraphs as if the same were set forth at length herein. 30. Varish received no benefit from the work done by EEI as they were not the owners of the property. 31. Parker Springs and K&I are the appropriate entities for EEI to bill for its work done as they are the owner of the property and the contractor at the job site. 32. There was no contract, oral or otherwise, between EEI and Varish. 33. Varish was not the general contractor at the Parker Springs job site. Varish's duties were limited the following site work: erosion control; excavation; connection for a sanitary sewer, storm sewer, and water line; and paving a curb work. 34. Plaintiffs Complaint fails to state a claim for Breach of Contract against Defendant for which relief can be granted. 35. Plaintiffs Complaint fails to state a claim for a violation of the Contractor and Subcontractor Payment Act against the Defendant for which relief can be granted. 36. Plaintiffs Complaint fails to state a claim for Quantum Meruit for which relief can be granted. 37. Plaintiffs claims maybe barred, in whole or in part, by the Doctrine of Laches. 38. Plaintiffs claims are barred in whole or in part by the Doctrine of Unclean Hands. WHEREFORE, Defendant requests Judgment in its favor and against Plaintiff Explosive Experts, Inc. together with costs and any other relief that this Court deems just. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: By I?Vyj Peter M. G od, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff EXPLOSIVE EXPERTS, INC., Plaintiff, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-7630 CIVIL VARISH CONSTRUCTION, INC., CIVIL ACTION - LAW Defendant. CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Answer with New Matter to Plaintiffs Amended Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Date: 4P Ql David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS, LLP By ?V V Peter M. Go d, Esq re ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant { .? ' Tl rs? ?=_ N ' - n ?:??. . " 1 U t _ , 4u ? {? ? ^7 _? r , ?" ; ? i ?t , , ?- - C„p? 4,??j SMIGEL, ANDERSON &SACKS, LLP River Chase Office Center 4431 North Front Street, 3`" Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood@sasllp.com Darryl J. Liguori, Esquire dliguori@sasllp.com Attorneys for Defendant EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-7630 CIVIL : CIVIL ACTION - LAW PRAECIPE TO ATTACH TO THE PROTHONOTARY: Please attach the following Verification to the Answer with New Matter to Plaintiffs Amended Complaint filed in this matter on February 25, 2008. Respectfully submitted, Date: February 27, 2008 SMI A DERSON & SACKS, LLP A Peter M. Good, Esquire ID#64316 Darryl J. Liguori, Esquire ID#91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ! a VERIFICATION The undersigned hereby verifies that he is the President of Varish Construction, Inc. in the foregoing action, that the facts set forth are true and correct to the best of my knowledge, information, and belief, and further states that false statements herein are made subject to he penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: c xx 0 Thomas E. Varish, President of Varish Construction, Inc. EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 2007-7630 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Praecipe to Attach upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 Date: February 27, 2008 SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ?"7 ?? i._.'t "T'4 --i t? ('a? 4? _. ' =4 _? ?.: ? ?f ` =- EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7630 CIVIL ACTION-LAW VARISH CONSTRUCTION, INC., Defendants. REPLY TO NEW MATTER NOW, comes Plaintiff, Explosive Experts, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Reply to New Matter and, in support thereof, sets forth the following: 29. Plaintiff incorporates by reference paragraphs one through twenty-eight of its Amended Complaint as though set forth at length. 30. Denied. 31. Denied. 32. Denied. 33. Denied. 34. Denied. 35. Denied. 36. Denied. 37. Denied. 38. Denied. WHEREFORE, Plaintiff requests that this Court dismiss Defendant's New Matter and grant judgment in Plaintiff's favor and against Defendant as requested in Plaintiffs Amended Complaint. Respectfully submitted, O'BRIEN, BARIC SCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff A VERIFICATION I verify that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. This verification is signed by David A. Baric, Esquire, Attorney for Plaintiff, and is based upon the statements provided by Plaintiff, as well as documents reviewed by the undersigned as attorney for Plaintiff. This verification will be substituted and ratified by a verification signed by the Plaintiff who is presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. DATE: ` L O?- David A. Baric, Esquire Attorney for Plaintiff .AV CERTIFICATE OF SERVICE I hereby certify that on March 12, 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Reply to New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylvania 17110 Attorney for Defendant David A. Baric, Esquire r-a C7 T m ni `.I CC) -? f EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA I V. NO. 2007- 7630 CIVIL TERM CIVIL ACTION-LAW VARISH CONSTRUCTION, INC., Defendants. PRAECIPE TO ATTACH TO THE PROTHONOTARY: Please attach the following Substitute Verification to the Reply To New Matter filed in this matter on March 12, 2008. Date: March 25, 2008 Respectfully submitted, O' E , BARKSC E A 0 David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/explosiveexperts/attach2. pra VERIFICATION I, Ronald Burkhouse, verify that the statements made in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief. I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire, and execute this verification as a substituted verification. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. DATE: llvloe Ronald Burkhouse CERTIFICATE OF SERVICE I hereby certify that on March 25, 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Attach, by first class U. S. mail, postage prepaid, to the parties listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pe lvania 17110 David A. Baric, Esquire } -TI r? r 7 i?7 EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7630 CIVIL ACTION-LAW VARISH CONSTRUCTION, INC., Defendants. 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 an 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7630 CIVIL ACTION-LAW VARISH CONSTRUCTION, INC., Defendants. AMENDED (SECOND) COMPLAINT NOW, comes Plaintiff, Explosive Experts, Inc., by and through its attorneys, O'BRIEN, BARIC & SCHERER, and files the within Amended (Second) Complaint and, in support thereof, sets forth the following: 1. Plaintiff, Explosive Experts, Inc. ("EEI") is a Maryland corporation with its principal place of business located at 30 Stevenson Lane, Cockeysville, Maryland. 2. Defendant, Varish Construction, Inc., ("Varish Construction") is a Pennsylvania corporation with a principal place of business located at 800 Bullfrog Road, Gettysburg, Pennsylvania. 3. In 2006, Varish Construction requested that EEI perform site work at a location in North Middleton Township, Cumberland County, Pennsylvania, which project was also known as the Commons at Parker Springs. 4. On or about December 5, 2006, EEI, through its authorized agent, Ronald Burkhouse, submitted a Quotion to Varish Construction for time and materials necessary to complete the project at the Commons at Parker Springs. 5. On or about December 15, 2006, Varish Construction, through its authorized agent, Thomas Varish, accepted EEI's Quotation. 6. The Quotation, acceptance thereof and terms and conditions (the "Agreement") are attached hereto, incorporated herein by reference, and marked as Exhibit "A". 7. Thereafter, EEI performed the requested services and invoiced Varish Construction for the services and materials provided. 8. Attached hereto and incorporated herein by reference are three invoices, Exhibits "B", "C" and "D", respectively, from EEI to Varish Construction for services and materials provided which, to the date hereof, have not been paid. 9. The balance due for Exhibits "B", "C" and "D" is $28,236.95. 10. The invoices attached were sent to Varish Construction on the following dates: Exhibit "B" May 16, 2007 Exhibit "C" May 21, 2007 Exhibit "D" May 31, 2007 11. 1 All conditions precedent to recovery under the contract have been fulfilled. COUNT I-BREACH OF CONTRACT EXPLOSIVE EXPERTS. INC. v. VARISH CONSTRUCTION, INC. 12. Plaintiff incorporates by reference paragraphs one through eleven as though set forth at length. 13. Demand has been made upon Varish Construction to pay the outstanding invoices. 14. Varish Construction has, without justification, refused to pay the outstanding invoices. 15. Varish Construction has breached the Agreement between the parties whereby Varish Construction agreed in writing to pay EEI for the labor and materials it supplied at the request of Varish Construction. 16. As a direct and proximate result of this breach, EEI has been damaged by not being paid the sum of $28,236.95. WHEREFORE, Plaintiff requests judgment be entered in its favor and against Defendant for the sum of $28,236.95 plus attorney fees, costs, expenses and interest as provided for in the Agreement. COUNT II-VIOLATION OF THE CONTRACTORS AND SUBCONTRACTORS PAYMENT ACT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 17. Plaintiff incorporates by reference paragraphs one through sixteen as though set forth at length. 18. The Commons at Parker Springs project is a thirty (30) unit residential townhome development. 19. After providing the invoices attached as Exhibits "B", "C" and "D", EEI received no notices of deficiencies in its work from Varish Construction. 20. EEI has performed under the terms of its contract with Varish Construction. 21. At least fourteen (14) days have elapsed since each of the invoices attached as Exhibits "B", "C" and "D" were provided to Varish Construction. 22. The Contractor and Subcontractor Payment Act provides for the recovery of reasonable attorney fees and expenses. 23. The Contractor and Subcontractor Payment Act provides for the recovery of interest at the rate of 1% per month on the balance owed after the expiration of fourteen (14) days from the date of receipt of an invoice. 24. The Contractor and Subcontractor Payment Act provides for the recovery of a penalty of I% of the balance owed in addition to the other remedies and damages permitted under the Act. WHEREFORE, Plaintiff requests judgment in its favor and against Varish Construction as follows: a) the sum of $28,236.95; b) interest of $1,129.47 calculated from July 1, 2007 through November 1, 2007 with a per diem of $9.28 thereafter; C) a penalty of $1,129.47 calculated from July 1, 2007 through November 1, 2007 with a per diem of $9.28 thereafter and d) costs, expenses of this action and an award of reasonable attorney fees all in an amount not in excess of the limits for compulsory arbitration. COUNT III-QUANTUM MERUIT EXPLOSIVE EXPERTS, INC. v. VARISH CONSTRUCTION, INC. 25. Plaintiff incorporates paragraphs one through twenty-four as though set forth at length. 26. ED provided Varish Construction with the benefit of EEI's labor and materials in the preparation of the site known as The Commons at Parker Springs. 27. The invoices attached as Exhibits "B", "C", and "D" set forth the reasonable value of the benefit so conferred upon Varish Construction by EEI. 28. By refusing to pay the invoices, Varish has been unjustly enriched by retaining the benefit of the work and materials without making payment therefor. 1 41 WHEREFORE, Plaintiff requests that judgment be entered in its favor and against the Defendant for the sum of $28,236.95 plus costs and expenses. Respectfully submitted, EN, BARK CHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff I 4k VERIFICATION The statements in the foregoing Amended (Second) Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: qA/o? 4'.", ? .,..?i Ronald Burkhouse Feb 28 08 06:22p Explosives Experts Inc 410-785-0807 -- '^" M?• Y4r cxplasives Experts Ina 410-7850807 'r QUOTATION E.YPLOSI.%%'S FXI'ER-f& n. C. PO Box 879 S PARKS, 1.11) 211 S2 410 7$,q.01I10 PAX 410 785-0307 DVIT: 1^_-I14"P6 Q1 t3rrv uV ; "s',, aki 1'.13urkkuj QVOTC!) TO: J xh jvmm F: V i" r[_??•f1tiIC R: v„ i.n `pt)-i(r•rKimm. ht? 1tI1.Y.Y?1(::\I)1)ilLSS: ti(2f) 1 u111'rr;??cl. 1' i tl ?11Ui ?. VA 1~ ?L:7lICAIZEDJOR REP: Jon 1.0coorim: -hc?iMnmt_,_,y ;tl t'::I'k4r ??n11} .IOIf DESCRIPTION: 17ijI. ,mrl l>I;}.j fi r t (1 ?,?, (.h QL1O TF. w: WI-10 H()%'13: 71X 1.1 CrI.I. PROSE: OVOTI:; '1'itttr and hlat ['W fnrrnurrm ??I?Y?1?CRx'1tWV): } ?tiC{1r?It11C/N 5 COMA) 1"tONS. P1.gi:,c w,ifsi ILy,o. d 1 :IN j>b3ti17It It 111fS,1}rirltr611 a{:1 ?I1•li. 11101],-? _i 1 tir?kL CCI N1 t11.1' i1 tth rr 1 j: CU.STO1NTER FUICNIS .- ?ctiti>,, %ulkewul, ?•?1t xt1Cm Iwcatiuu 01' er111eu1?tlililicx S .tni tvreL, itt cyCaraUn'. c?)hdidun?. diulpmeut 5 epcrufar ru esver s4lur.41L Inrw uut piwu +nivur C,tu4imom NaCll rd?Illilti{I. F .E1 I-VRN 1NM- i...t??r,?tiluipnxit?n±tii?ri::l, li;tam,t.."imi,,••wT-.1Rio:ir•.ty1JT5,, p .. 2 2 C P low r4 c;F.'?r:ic,\I. CA101'I'1015 tl1' Rat' rm , ,o i U' PART O 1 11IS 121Im ?1t't? t'•\ rinv ACC" .rffT rb V ! ? {1 n.\Tl' t d' I S Q b \n? ?unlr;r?t pTlc <;owtu Nu ??cepAin? titli.?11111_plr ,r ralttl nnH• "(Hirt rrwi?wr :end urdlcn nppr"t?i l._ :r Cne?mrt.?flflhYYnr 1?Jil. EXHIBIT "A" Feb 29 08 11:18a Explosives Experts Inc 410-785-0807 p.2 GENERAL CONDITIONS OF CONTRACT EXPLOSIVES EXPERTS, INC. 1 _ Acceptance of Quotation - Acceptance of the quotation either by signature or by verbal authorization to proceed with the work will constitute a contractual obligation by the customer to pay Explosives Experts, Inc. for the work performed in accordance with the terms and provisions of the quotation. If you do not have a copy of tho current Price Schedulo, you may request it by calling or writing Explosives Experts, Inc. All time and material jobs will be payable at the rates on the Schedule whether or not you have received a copy. _ 2. Authorization for Additional Work - The job representative indicated on the quotation will be deemed to be authorized by customer to order work in addition to that which is included in the quotation. Any job tickets signed by the job reprosontativo or his designee an the job will be binding on the cutomer and will obligate the customer to pay for the work and services performed on a time and materials basis. Secondary Drilling and Blasting - The customer rocognizes and acknowledg©s that the drilling and blasting of rock cannot always bo done with precision so that the rock fractures at the right depth or place, or that the rock is broken into pieces that are of a uniform or limited size. In the usual and ordinary course of drilling blasting, it is often necessary for the blaster to do "secondary. drilling and blasting" to fracture or break up additional rock in areas which have already boon shot. Secondary drilling and blasting will be porformed by Explosives Experts, Inc. under the terms and provisions of the quotation. Secondary drilling and blasting is not an indication that the original work was done in an important or unworkmanlike manner, and will not constitute a basis for withholding payment under this contract. 4. Customer's Responsibilities - Tho customer shall furnish all items referred to in the quotation. The customer shall also disclose to Explosives Experts, Inc. any job site condition known to the customer which relates to subsoil conditions or which relates to utilities, structures, equipment, machinery, or other objects which could be injured or damaged by Explosives Experts, Inc, and which are not readily apparent at the site of the drilling and blasting. Explosives Experts, Inc. will make every effort to do the drilling and blasting in a good and workmanlike manner, and with the use of all usual and customary safety precautions, Explosives Experts, Inc, cannot be responsible for damage to sensitive items which are unknown to it. It is the customer's responsibility to verify with the ownor the existence of any conditions or objects of this nature, and to indemnify Explosives Experts, Inc. from any claims based on damage to undisclosed items or conditions. Explosives Experts, Inc. reservos the right to cease work and torminate this contract if conditions are discovered which, in the opinion of Explosives Experts, Inc., make it inadvisable to continue drilling and blasting work. ' 5. Payment Terms -- Invoices for services rendered by Explosives Experts, Inc. are due and payable within thirty (30) days of the date of the invoice. A lato service charge in the amount of one and one-half percent (1-1/20/6) por month shall be appliod to the bills after thirty (30) days. If any account is referred to an attorney for collection, the customer agrees to be responsible for all expenses incurred in the collection including court costs, reasonable attorney's fees as established by the court, and other expenses directly or indirectly related to tho collection. 6. Site Plans or Specifications - Explosives Exports, Inc. shall only be bound by and obligated to perform work in accordance with site plans or specifications if a copy of the site plans or specifications are provided to Explosives Experts, Inc. prior to the quotation for the work to be performed unless the quotation is given on a time and material basis. In no event shall Explosives Experts, Inc. be bound to perform work in accordance with the plans and specifications unless those plans and specifications have boon provided to Explosives Experts, Inc, before the work was performed. 7. Overtime - All work is to be performed during the usual and customary working hours of Explosives Experts, Inc. (If customer requires that work be performed at extraordinary hours cr times, customer shall pay for swoft work at the rates specified in the current Price Schedule,) 8. Arbitration -- Any dispute under this contract shall be submitted to arbitration under the rules of the American Arbitration Association on the demand of Explosives Experts, Inc. The demand for arbitration shall not prevent or prohibit Explosives Experts, Inc., from filing suit in an appropriate court to establish its rights under the mechanic's lien laws of Maryland or any other state. ` EXPLOSIVES EXPIERTS,i\C. P.O.DOX 879 SPARKS, MD 21152 410-785.0100 Fax 410-785-0807 BILL TO VARIS14 CO%'S'1'RUCTIONJNC. ,400 BULLIFI(OG RD. GGTTYSSUROJ'A.17325 Invoice DATE INVOICc- k' :16.?u07 W70_S SHIP TO ? J PROJECT P.O. NUMBER TERMS REP SHIP I 2:0 10 Net 30 51102007 1G961'HE GO\1Vt01ti;u; PARKER S°RI?GS QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 70 30002 BLASTER 55.uu 3.m.00 14.5 30763 TRAVEL. TINIL' 10.00 1»5.00 167 19253 ELECTRIC BI..AS TING CAI'S 3'5 :43.75 115 10223 241" 7, I)US 6.00 150.00 49 1204 DYNO TX 3x16 1.35 915.75 56.5 50,435 IRA 5 HYDRAQUC DRILL 150.00 1 70616 EQUII'%-tEN'T DELIVERY 300.00 7 30421 SL•ISVIOURAPH Ist.11KORDENCIDAY 60.00 d :10431 ISEISNIC)GRAVI-i ADDITIONAL REVORDENG 30.00 Total 4,.15.00 300.00 420.00 120.0) S 1=,? I;S.50 I EXHIBIT "B" E X PLOS I V RS EXPERTS.IN C. P.O.BOX 879 SPARKS, MD 21152 410-785-0100 Fax 410-7S5-OS07 EXHIBIT "C" invoice DATE INVOICE $121:2007 50,01} ` EXPLOSIVES EXPERTS,INC, P.O-BOX 379 SPARKS, NID 211i2 410-785-0100 Fax 4J 0-7.3i-0807 EXHIBIT "D" Invoice DATE WVOiCE n CERTIFICATE OF SERVICE I hereby certify that on September 10, 2008, 1, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Amended (Second) Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylv ' 17110 f David A. Baric, Esquire C? c_ ? 't, ?'. cry `?? v rn a?c. ? ; o ? .?. ? ? =y* ? ?? ? EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2007-7630 CIVIL VARISH CONSTRUCTION, INC., CIVIL ACTION - LAW Defendant. NOTICE TO PLEAD TO: Explosive Experts, Inc., Plaintiff, c/o David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 You are hereby advised to file a written response to the enclosed Defendant's New Matter to Plaintiff's Second Amended Complaint within twenty (20) days from service hereof. Date: October 1, 2008 By: SMIGEL, ANDERSON & SACKS, L.L.P. Peter M. Good, Esquire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendants SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Peter M. Good, Esquire pgood@sasllp.com Darryl L Liguori, Esquire dliguori@sasllp.com Attorneys for Defendant EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-7630 CIVIL CIVIL ACTION - LAW ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW comes Defendant Varish Construction, Inc. (hereinafter "Varish"), by and through its attorneys, Smigel, Anderson & Sacks L.L.P., who file the following Answer with New Matter to Plaintiffs Second Amended Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 6. Denied. The document Explosive Experts, Inc. (hereinafter "EEI") references is a writing which speaks for itself and therefore Plaintiff's summaries, conclusions, or characterizations made regarding those writings are specifically denied. By way of further denial, Exhibit A to Plaintiffs Second Amended Complaint is "General Conditions" and is not a quotation or contract as Plaintiff inferences. 7. Admitted. 8. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiff's summaries, conclusions, or characterizations made regarding those writings are specifically denied. 9. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiff's summaries, conclusions, or characterizations made regarding those writings are specifically denied. 10. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiff's summaries, conclusions, or characterizations made regarding those writings are specifically denied. 11. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. COUNT I - BREACH OF CONTRACT 12. This is an incorporation paragraph to which no responsive pleading is required. 13. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 14. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 15. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 16. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiffs Count and enter judgment in their favor and against the Plaintiff together with any costs associated therewith. COUNT II - VIOLATION OF THE CONTRACTORS AND SUBCONTRACTORS PAYMENT ACT 17. This is an incorporation paragraph to which no responsive pleading is required. 18. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore denied, with strict proof thereof demanded at trial. 19. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 20. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 21. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiff's summaries, conclusions, or characterizations made regarding those writings are specifically denied. 22. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 23. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 24. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendants respectfully request this Honorable Court to dismiss Plaintiff's Count and enter judgment in their favor and against the Plaintiff together with any costs associated therewith. COUNT III - QUANTUM MERUIT 25. This is an incorporation paragraph to which no responsive pleading is required. 26. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Varish is not the owner of the site and received no benefit from EEI's work. 27. Denied. The invoices EEI references are writings which speak for themselves, and therefore Plaintiff's summaries, conclusions, or characterizations made regarding those writings are specifically denied. 28. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. By way of further denial, Varish is not the owner of the site and received no benefit from EEI's work. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Count and enter judgment in their favor and against the Plaintiff together with any costs associated therewith. NEW MATTER 29. Defendant incorporates by reference the preceding paragraphs as if the same were set forth at length herein. 30. Varish received no benefit from the work done by EEI as they were not the owners of the property. 31. Parker Springs and K&I are the appropriate entities for EEI to bill for its work done as they are the owner of the property and the contractor at the job site. 32. Varish was not the general contractor at the Parker Springs job site. Varish's duties were limited the following site work: erosion control; excavation; connection for a sanitary sewer, storm sewer, and water line; and paving a curb work. 33. Plaintiffs Complaint fails to state a claim for Breach of Contract against Defendant for which relief can be granted. 34. Plaintiffs Complaint fails to state a claim for a violation of the Contractor and Subcontractor Payment Act against the Defendant for which relief can be granted. 35. Plaintiffs Complaint fails to state a claim for Quantum Meruit for which relief can be granted. 36. Plaintiffs claims may be barred, in whole or in part, by the Doctrine of Laches. 37. Plaintiffs claims are barred in whole or in part by the Doctrine of Unclean Hands. WHEREFORE, Defendant requests Judgment in its favor and against Plaintiff Explosive Experts, Inc. together with costs and any other relief that this Court deems just. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: October 1, 2008 By: _0J 4 t_'s Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff VERIFICATION The undersigned hereby verifies that he is the President of Varish Construction, Inc. in the foregoing action, that the facts set forth are true and correct to the best of my knowledge, information, and belief, and further states that false statements herein are made subject to he penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: ?- -- - !7 Thomas E. Varish, President of Vanish Construction, Inc. EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2007-7630 CIVIL VARISH CONSTRUCTION, INC., CIVIL ACTION - LAW Defendant. CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Answer with New Matter to Plaintiffs Amended Complaint upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 SMIGEL ANDERSON & SACKS, LLP Dato 4 October 1, 2008 By: L"), Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant r-a -1 ^17 1 '_ EXPLOSIVE EXPERTS, INC., Plaintiffs, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 7630 CIVIL TERM CIVIL ACTION-LAW VARISH CONSTRUCTION, INC., Defendants. REPLY TO NEW MATTER 29. Plaintiff incorporates by reference its averments at paragraphs one through twenty-eight of its complaint as though set forth at length. 30. Denied. To the contrary, Varish did receive the benefits of the work performed by Plaintiff. 31. Denied. To the contrary, Varish is the appropriate entity to be billed for the work performed. 32. Denied. To the contrary, Varish specifically contracted with Plaintiff for the work performed by Plaintiff. 33. Denied. To the contrary, Plaintiff has stated a claim for breach of contract by Varish. 34. Denied. To the contrary, Plaintiff has stated a claim for a violation of the Contractor and Subcontractor Payment Act against Varish. 35. Denied. to the contrary, Plaintiff has stated a claim for quantum meruit against Varish. 36. These averments are legal conclusions to which no response is required. 37. These averments are legal conclusions to which no response is required. A WHEREFORE, Plaintiff requests that judgment be entered in its favor and against Defendant as prayed for in Plaintiff's complaint. Respectfully submitted, 0JRJEN, BARI SCH ? r David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/explos iveexperts/newmatter. rep VERIFICATION The statements in the foregoing Reply To New Matter are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my 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 falsifications to authorities. DATE: //???8 f•..4'? 1?c.? Ronald Burkhouse s? CERTIFICATE OF SERVICE I hereby certify that on October I+ , 2008, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylv ' 17110 David A. Baric, Esquire Pli r-1 EXPLOSIVE EXPERTS, INC., Plaintiff V. VARISH CONSTRUCTION, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7630 Civil 2007 RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David A. Baric, Esquire counsel for the plaintiffl iefe in the above action (or actions), respectfully represents that: 1. The above-captioned action (lift) is rdw) at issue. 2. The claim of plaintiff in the action is $ 2 8 , 2 3 6.9 5 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David A. Baric, Esquire and Peter M. Good, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) whom the case shall be submitted. to David A. Baric, Esquire ORDER OF COURT AND NOW, .200 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY Nt C ' - r ? v V ? ? EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 7630 Civil 2007 V. VARISH CONSTRUCTION, INC., Defendant RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: David A. Baric, Esquire counsel for the plaintiffAefodut in the above action (or actions), respectfully represents that: 1. The above-captioned action (&KdN ) is too at issue. 2. The claim of plaintiff in the action is $ 2 8 , 2 3 6.9 6 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: David A. Baric, Esquire and Peter M. Good, Esquire WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) f whom the case shall be submitted. to David A. Baric, Esquire ORDER OF COURT AND NOW, g , 200, in consideration of the foregoing petition, ' n Esq., and /"1.P.Ltf/1'l D ?ptrL,?r? Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. B Co , EDGAR B. BAYLEY A U-; cif 4 LU CA O C= N ?V? yy Vv r? SMIGEL, ANDERSON & SACKS, L.L.P. Peter M. Good, Esquire River Chase Office Center 4431 North Front Street 3rd Floor , Harrisburg, PA 17110-1778 Darryl I Liguori, Esquire (717) 234-2401 dliguori@sasllp.com Attorneys for Defendant EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2007-7630 CIVIL VARISH CONSTRUCTION, INC., CIVIL ACTION - LAW Defendant. NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY: Notice is given that Varish Construction, Inc. appeals from the award of the board of arbitrators entered in this case on March 26, 2009. A jury trial is demanded [ x]. (Check box if a jury trial is demanded. Otherwise jury trial is waived.) I hereby certify that the compensation of the arbitrators has been paid. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: G By t) /? Peter M. Good, Esq ire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant EXPLOSIVE EXPERTS, INC., Plaintiff, V. VARISH CONSTRUCTION, INC., Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007-7630 CIVIL CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Notice of Appeal upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: David A. Baric, Esq. O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 SMIGEL, ANDERSON & SACKS, LLP 14 Date: By: l , e?16 Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant 9LED-? -?Ge T? ?,,."3t??Y OF THE 2009 APR -o PH 3: 02 PL? pSo. 06 I?L &, / 1 R7f:' a.2 -?Qc 7 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: 0 for JURY trial at the next term of civil court. n for trial without a jury. -------------- CAPTION OF CASE (entire caption must be stated in full) EXPLOSIVE EXPERTS, INC. (Plaintiff) VS. VARISH CONSTRUCTION, INC. (Defendant) VS. (check one) ? Civil Action - Law 0 Appeal from arbitration ? _ (other) The trial list will be called on June 2, 2009 and Trials commence on June 29, 2009 Pretrials will be held on June 10, 2009 (Briefs are due 5 days before pretrials No. 2007-7630 , Civil Term indicate the attorney who will try case for the party who files this praecipe: David A. Baric, Esq., 19 West South Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: Peter M. Good, Esa., 4431 North Front)S reet, )?7LrAi4g, PA 17110 This case is ready for trial. Signed: Print Name: David A. Baric, Esquire Date: April 7, 2009 Attorney for: Plaintiff 4 4 h4 C? ?py OF THE- OT, 2009 APR --7 P11 16 '`? GU f' #10 EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW VARISH CONSTRUCTION, INC., Defendant NO. 07-7630 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 10th day of June, 2009, before Edgar B. Bayley, Judge, present for the plaintiff was David A. Baric, Esquire, and for defendant, Peter M. Good, Esquire. The parties agree to submit this contract dispute at a bench trial. The trial shall be conducted in Courtroom No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on Wednesday, July 8, 2009, at 1:30 p.m. David A. Baric, Esquire For Plaintiff Peter M. Good, Esquire For Defendant prs 0 -c cx ? c_ x ,.'.,. C : W 0 cn .1- EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VARISH CONSTRUCTION, INC., DEFENDANT 07-7630 CIVIL TERM VERDICT AND NOW, this day of July, 2009, following a bench trial, we find in favor of plaintiff against defendant. Damages are awarded to plaintiff in the amount of $28,236.95, a later service charge in the amount of $10,259.04, attorney fees of $5,979 and court costs of record. Z David A. Baric, Esquire For Plaintiff ./ Peter M. Good, Esquire For Defendant :sal I? es mat L-:L 7/?2 l i ,?1r 7059 v. ,, • -ft EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF Plaintiffs, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007- 7630 CIVIL TERM CIVIL ACTION-LAW VARISH CONSTRUCTION, INC., Defendants. PRAECIPE TO ENTER JUDGMENT ON VERDICT TO THE PROTHONOTARY: Please enter judgment in the above-captioned matter pursuant to the Verdict signed by the Honorable Edgar B. Bayley on July 13, 2009, entering judgment in favor of the Plaintiff in the amount of $28,236.95, a later service fee in the amount of $10,259.04, attorney fees of $5,979.00 and court costs of record. Respectfully submitted, ' RIEN, BARIC SCCHE David A. Baric, Esquire I.D. 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/litigation/explosiveexperts/enterj udgment. pra ry EXPLOSIVE EXPERTS, INC., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. VARISH CONSTRUCTION, INC., DEFENDANT : 07-7630 CIVIL TERM VERDICT AND NOW, this i day of July, 2009, following a bench trial, we find in favor of plaintiff against defendant. Damages are awarded to plaintiff in the amount of $28,236.95, a later service charge in the amount of $10,259.04, attorney fees of $5,979 and court costs of record, David A. Baric, Esquire For Plaintiff Peter M. Good, Esquire For Defendant :sal 7 By t Co;Bayle Edgar B. .07 CERTIFICATE OF SERVICE I hereby certify that on July 15, 2009, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe Enter Judgment On Verdict, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylvania 17110 David A. Baric, Esquire ,v 0 III"eqe ,,V, 44- ??'os EXPLOSIVE EXPERTS, INC., Plaintiffs, V. VARISH CONSTRUCTION, INC., Defendants. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 7630 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO SATISFY Please mark the judgment entered in this matter on July 15, 2009 as having been satisfied. Respectfully submitted, O' N, BARI HE 4 Date: August 6, 2009 David A. Baric, Esquire I.D. # 44853 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff dab.dir/litigation/explosiveexperts/satisfyj udgment.pra CERTIFICATE OF SERVICE I hereby certify that on August 6, 2009, I, David A. Baric, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe To Satisfy, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Peter M. Good, Esquire Smigel, Anderson & Sacks, LLP 4431 North Front Street Harrisburg, Pennsylvania 17110 David A. Baric, Esquire tiLE OF ,. Y 2009 ALIG2 -7 PH 2: So ??# ??froa