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Home My WebLink About03-6483EICHELBERGERS, INC., Plaintiff Vs. ADIN KENES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM 03- UY93 e v, I N O T I C E 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 enter- ing a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 By(: /?a James D. ar, Esquire Pa. I.D. N 19475 By: -j? 4, PP Jenni er B. H pp, Esquire Pa. I.D. No. 86556 James D. Bogar Law Offices One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorneys for Plaintiff, Eichelbergers, Inc. EICHELBERGERS, INC., Plaintiff VS. ADIN KENES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM U3 - 6` 0 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 orga- nized 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 Adin Kenes a commercial construction builder operating in the Commonwealth of Pennsylvania, having his principal office at 5002 Greenwood Circle, Mechanicsburg Pennsylvania 17055. 3. Upon the requests of Defendant, all of which occurred in Cumberland County, Pennsylvania, Defendant requested and Plaintiff agreed to supply certain material, equipment and goods, all in conjunc- tion with requests made by Defendant to supply that equipment and materials to Defendant at his job-cite locations of 1233 Redwood Hills Circle, Carlisle, Pennsylvania and Lot 16/Woodcreek Drive, Mechanicsburg, Pennsylvania, to aid Defendant in his occupation of 2 residential construction work. 4. Plaintiff fully and adequately provided the materials ordered by Defendant, all provided in an acceptable and workman like manner, said materials, equipment and goods being provided to Defendant on May 13, 2003 and June 3, 2003. 5. On May 30, 2003 and June 30, 2003, Plaintiff submitted to Defendant it's invoices in the total amount of $3,985.10, which invoice statements represent the agreed-upon charges for the items and materials provided by Plaintiff to Defendant. True and correct copies of those invoices are attached hereto as Exhibit "A" and incorporated herein. 6. 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 statements (see Exhibit "A") for a total amount due and owing of $3,985.10. 7. Payments of all amounts were due to be made to Plaintiff at 107 Texaco Road, Mechanicsburg, Pennsylvania. COUNT NO. 1 - BREACH OF CONTRACT 8. The averments of Paragraphs 1 through and including 7 hereinabove are incorporated herein by reference thereto. 3 9. By virtue of the contract between Plaintiff and Defendant, Defendant agreed to pay, in full, the reasonable and necessary costs of material, equipment and goods provided, which outstanding balance as of June 30, 2003, was $3,985.10. 10. To date, Defendant, despite proper requests and demand by Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, Adin Kenes, in the amount of $3,985.10, plus interest, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 2 - OUANTUM MERUIT/IMPLIED CONTRACT 11. The averments of Paragraphs 1 through and including 10 hereinabove are incorporated herein by reference thereto. 12. Pursuant to the request made by Defendant, Plaintiff provided materials, equipment and goods to Defendant. 13. The reasonable and necessary charges for said materials, equipment and goods provided as requested by Defendant are in the total amount of $3,985.10. 14. To date, Defendant, despite proper requests and demands by Plaintiff, has not brought his account current. 4 15. By reason of Defendant's request for the provision of materials, equipment and goods, Defendant impliedly promised to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, Adin Kenes, in the amount of $3,985.10, plus interest, together with the cost of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 16. The averments of Paragraphs 1 through and including 15 hereinabove are incorporated herein by reference thereto. 17. Defendant obtained materials, equipment and goods from Plaintiff as set forth herein. Plaintiff fully and adequately provided those materials, equipment and goods to Defendant as requested by Defendant. 18. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's materials, equipment and goods from which Defendant benefitted, Defendant has been unjustly enriched in the amount of $3,985.10. WHEREFORE, Plaintiff demands judgment against Defendant, Adin Kenes, in the amount of $3,985.10, plus interest, together with the costs of this action, attorneys' fees and any and all other relief 5 deemed just and appropriate. COUNT NO. 4 - BREACH OF CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT, 73 P.S. § 501, et sea. 19. The averments of Paragraphs 1 through and including 18 hereinabove are incorporated herein by reference thereto. 20. Plaintiff and Defendant entered into a construction contract requiring Plaintiff to provide certain materials, equipment and goods to Defendant's business locations at 1233 Redwood Hills Circle, Carlisle, Pennsylvania and Lot 16/ Woodcreek Drive, Mechanicsburg, Pennsylvania. See Exhibit "A". 21. Defendant obtained the materials, equipment and goods from Plaintiff pursuant to the terms of their construction contract as set forth herein. 22. Plaintiff fully and adequately provided the materials, equipment and goods as requested by Defendant pursuant to the terms of their construction contract as set forth herein. 23. Defendant breached it's payment obligations to Plaintiff as set forth in the Contractor and Subcontractor Payment Act, 73 P.S. § 501, et sea., by failing to make payment to Plaintiff in a timely manner. 6 WHEREFORE, Plaintiff demands judgment against Defendant, Adin Kenes, in the amount of $3,985.10, plus interest and applicable penalties, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. Date: December 15, 2003 ? 0 Jenni er B. "'p , Esquire James D. B gar, 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. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: December 15, 2003 JrA.Q. Baird, CPA Vice President of Finance Eichelbergers, Inc. 8 ****** INVOICE ****** EICHELBERGERS, INC. 107 TEXACO ROAD MECHANICSBURG, PA 17050 (717) 766-4800 SOLD TO: KENES BUILDER, ADIN 429 BERNHEISEL BRIDGE ROAD CARLISLE PA 17013 CONFIRM TO: PAGE: 1 INVOICE NUMBER: 0038526-IN INVOICE DATE: 05/30/03 CUSTOMER P.O. ORDER NUMBER: 0032144 ORDER DATE: 04/30/03 SALESPERSON: DW CUSTOMER NO: 0110198 SHIP TO: KENES BUILDERS, ADIN LOT 16/WOODCREEK DR. MECHANICSBURG PA 17055 -------------------------------------------------------------------------------- TERMS: DUE ON RECEIPT -------------------------------------------------------------------------------- SHIPPED ITEM NO. UNIT PRICE AMOUNT -------------------------------------------------------------------------------- W/D 200' GPM 8 SWL 15' XL 75' 1.00 TANK WX101 /LDW E 1.00 1.00 GRUNDFOS 10SQE10C-330 /LDW E 1.00 1.00 CONSTANT PRESS. KIT & TRANS. /LDW E 1.00 1.00 BRASS MANIFOLD 180.00 PE200 PIPE,1" /FT 270.00 WIRE,CBL,TW,10/2,G 1000'RL/FT 1.00 PITLESS ADAPTER,S140X 75.00 PE200 PIPE,1" /FT 2.00 BRS MADPT INSRT 1 664-6590 PLEASE RETURN (1) COPY OF INVOICE WITH PAYMENT! EACH 76.000 76.000 .00 1,005.000 1,005.000 .00 495.000 495,000 .00 70.000 70.000 FT .620 111.600 FT 670 180.900 EACH 180.080 180.080 FT .620 46.500 EACH 11.160 22.320 EXHIBIT A CONTINUED ALL-STATE- INTERNATIONAL ****** INVOICE ****** EICHELBERGERS, INC. INVOICE NUMBER: 107 TEXACO ROAD INVOICE DATE: MECHANICSBURG, PA 17050 CUSTOMER P.O. ORDER NUMBER: ORDER DATE: (717) 766-4800 SALESPERSON: CUSTOMER NO: SOLD TO: KENES BUILDER, ADIN 429 BERNHEISEL BRIDGE ROAD CARLISLE PA 17013 CONFIRM TO: PAGE: 2 0038526-IN 05/30/03 0032144 04/30/03 DW 0110198 SHIP TO: KENES BUILDERS, ADIN LOT 16/WOODCREEK DR. MECHANICSBURG PA 17055 ------------- ------------- ----- ----- ---------------------------------- TERMS: DUE ON RECEIPT -- - SHIPPED ---------- - ITEM - ----- ------------------- NO. ------- UNIT - - .00 ---- BRS --------------------------- FEMALE X INSRT ELL 1" ADP ------- EACH 3.00 ELEC CNDUIT PVC SC40 1" FT 8.00 CLAM P,HOSE,13/16X1-3/4510-9319 EACH 2.00 SPLI CE KIT,HT SHRNK,2WR LSK2B EACH 1.00 SS M ADPT INST,1-1/4X1 7871734 EACH 1.00 FOAM INSULATION 120Z/ 931-1020 EACH 1.00 BRS TEE 1 1/4" 106-6869 EACH 1.00 BRS PLUG 3/4" EACH 2.00 BRS BUSH 3/4X1/2 106-7867 EACH 1.00 BRS BUSH 1-1/4" X 3/4" EACH .00 PVC SC40 M ADPT 1" EACH .00 PVC SC40 ELL 90 SXS 1" EACH PLEASE RETURN (1) COPY OF INVOICE WITH PAYMENT! ------------- PRICE ----------- AMOUNT ------------- .000 ----------- .000 .600 1.800 .700 5.600 5.560 11.120 24.210 24.210 11.250 11.250 29.190 29.190 6.630 6.630 1.880 3.760 3.700 3.700 .000 .000 .000 .000 CONTINUED ****** INVOICE ****** EICHELBERGERS, INC. 107 TEXACO ROAD MECHANICSBURG, PA 17050 (717) 766-4800 SOLD TO: KENES BUILDER, ADIN 429 BERNHEISEL BRIDGE ROAD CARLISLE PA 17013 CONFIRM TO: INVOICE NUMBER: INVOICE DATE: CUSTOMER P.O. ORDER NUMBER: ORDER DATE: SALESPERSON: CUSTOMER NO: PAGE: 3 0038526-IN 05/30/03 0032144 04/30/03 DW 0110198 SHIP TO: KENES BUILDERS, ADIN LOT 16/WOODCREEK DR. MECHANICSBURG PA 17055 ----------- ----- -- - -------------------------------------------- TERMS: DUE ON RECEIPT - - - - ------------- - - - - -- ------------ ----------- - - - SHIPPED -- -- ------- -------------------- ITEM NO. --------- UNIT -- - -- - - PRICE - AMOUNT ----------- .00 ----------------------------------- PVC PIPE,SC40,BE 1" /FT --------- FT ------------- .000 ------------ .000 2.00 BRS NIPPLE 1 X 3 1025071 EACH 11.170 22.340 1.00 BRS FEMALE X INSRT ELL 1" ADP EACH 11.370 11.370 /PRMR QTR 48.00 52.00 .00 14.000 728.000 PUMP RES MECH - THANK YOU FOR YOUR BUSINESS PLEASE RETURN (1) COPY OF INVOICE WITH PAYMENT! ------------ NET INVOICE: 3,046.37 LESS DISCOUNT: 347.76 SALES TAX: .00 ------------ INVOICE TOTAL: 2,698.61 ****** INVOICE ****** EICHELBERGERS, INC. 107 TEXACO ROAD MECHANICSBURG, PA 17050 (717) 766-4800 SOLD TO: KENES BUILDER, ADIN 429 BERNHEISEL BRIDGE ROAD CARLISLE PA 17013 CONFIRM TO: INVOICE NUMBER: INVOICE DATE: CUSTOMER P.O. ORDER NUMBER: ORDER DATE: SALESPERSON: CUSTOMER NO: SHIP TO: KENES BUILDERS, AD 1233 REDWOOD HILLS CARLISLE PAGE: 1 0038804-IN 06/30/03 0032527 05/29/03 DW 0110198 IN CR. PA 17013 -------------------------------------------------------------------------------- TERMS: DUE ON RECEIPT -------------------------------------------------------------------------------- SHIPPED ITEM NO. UNIT PRICE AMOUNT -------------------------------------------------------------------------------- W/D 80' GPM 100 SWL 21' XL 60' 1.00 TANK V100 GOULDS EACH 428.000 428.000 SIN GK0224 A201 1.00 PUMP SUBM BRSER 1/2HP 849-6051 EACH 467.000 467.000 SIN J0201385 DATE CODE 09-02 1.00 PROSURANCE 491634 EACH 30.000 30.000 60.00 PE200 PIPE,1" /FT FT .620 37.200 130.00 WIRE,CBL,TW,14/2,G 1000'RL/FT FT .430 55.900 60.00 PE200 PIPE,1" /FT FT .620 37.200 1.00 PITLESS ADAPTER,B300X EACH 34.410 34.410 PLEASE RETURN (1) COPY OF INVOICE WITH PAYMENT! CONTINUED ****** INVOICE ****** EICHELBERGERS, INC. INVOICE NUMBER: 107 TEXACO ROAD INVOICE DATE: MECHANICSBURG, PA 17050 CUSTOMER P.O. ORDER NUMBER: ORDER DATE: (717) 766-4800 SALESPERSON: CUSTOMER NO: SOLD TO: KENES BUILDER, ADIN 429 BERNHEISEL BRIDGE ROAD CARLISLE PA 17013 CONFIRM TO: PAGE: 3 0038804-IN 06/30/03 0032527 05/29/03 DW 0110198 SHIP TO: KENES BUILDERS, ADIN 1233 REDWOOD HILLS CR. CARLISLE PA 17013 --------------------- TERMS: DUE ON RECEIPT SHIPPED ITEM NO. UNIT PRICE AMOUNT -------------------------------------------------------------------------------- /PRMR QTR 15.00 15.00 .00 14.000 210.000 PUMP RES MECH - NAME DATE THANK YOU FOR YOUR BUSINESS NET INVOICE: LESS DISCOUNT: SALES TAX: PLEASE RETURN (1) COPY OF INVOICE WITH PAYMENT! INVOICE TOTAL ------------ 1,476.46 189.97 .00 ------------ 1,286.49 0?:? -i> .C? ?i 4,1 \ , - Tf1 Z 1 ?o o? EICHELBERGERS, INC., Plaintiff VS. ADIN KENES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6483 CIVIL PRAECIPE TO REINSTATE COMPLAINT On behalf of Eichelbergers, Inc., Plaintiff in the above- captioned matter, kindly reinstate the attached Complaint for service of original process upon Adin Kenes, Defendant in the above-captioned matter. Date: January 7, 2004 Jenn fer B. Hipp, Esquire D 4Jme-' D. B g r, Esquire Attorneys for Plaintiff, Eichelbergers, Inc. c> ? o ' ; CD J SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2003-06483 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND EICHELBERGERS INC VS KENES ADIN 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: KENES ADIN but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT & NOTICE County, Pennsylvania, to On February 18th , 2004 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Mileage 6.90 Dep York County 34.25 78.15 02/18/2004 JAMES BOGAR So answers: ?- -- i, R! Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this a4. day of 1 a0t? ( A.D. ^` Prothonotary 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE MTf=TNM PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY ILWE 1 ;2 DO WT DETACH ' C , 1. PLAINTIFF/S/ T BER Eichelbergers Inc 2ffUgT?T%ast 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT Adin Kenes Notice and Complaint SERVE / 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD 1{ Adin Kenes 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE) AT 360 Bethel Church Road New Cumberland, PA 17070 7. INDICATE SERVICE: O PERSONAL ? PERSON IN CHARGE )I[DEPUTIZE Cumber 0 CERRj.MAIL O 1ST CLASS MAIL C1 POSTED O OTHER NOW January 7 20L4-- I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute ake return according to law. This deputization being made at the request and risk of the plaintiff. SHERIFF OF COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Cumberland OUT OF COUNTY CUMBERLAND Please send return of service to Curnberland County Sheriff. ADVE_NCE FEE PAID BY ATY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the pan of such deputy or the sheriff tc any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER Ill. DATE FILED JENNIFER HIP OF JAMES BOCAR LAW OFFICES ONE W. MAIN ST. 737-3761 xt8x#f?x09x SHTP.FMANSTOWN PA 17011 1-7-0/1 12. SEND NOTICE OF SEhVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed). Curaberlan' Co SHERIFF 13. 1 acknowledge receipt of the writ R. AH R EN S 1141 W ff 1ECEIVED 115. F?tpi horlLFie mng Date or complaint as indicated above. v4 L l? ?4 16. HOW SERVED: PERSONAL( ) RESIDENCE VI POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby car' and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (See remarks below.) ME INDI L SERVED /LIST ADD SS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Da of rvirs 20. Time Service e. A T ?l FF K??Y KcNes I I ?I Z P 21. A7TE P I Data e L e Time Miles I Int. I Date II I Time II 1 Miles I Int. I Date I Time I Miles I Int. I Date I Time `Miles I Int. I Date 1 I Time I Miles I Int. 22. REMARKS: I V 'ONotary D 23. Advance Costs I2Service Costs I25. N/F I ?T'iZleage 5 I27. Postage128. Sub I29. Pound 34. Foreign County Costs 01 35. Advance Costs 136. Service Costs 137. Notary Can. 38. Mileage/Postage/Nyt'Ki 41. AFFIRMED and subscribetl to before me thi 30th S 44. 1 of 42, day of JdN• jp. Sheriff / NOTJRY 46. Signatureof Y '/ ? Notesttll Seel County 51le - sy/1v'- - JeftleevVarlgroon,Notary Public SHERIF WILLIAM M. City of York, York County, PA aa My Commisalo, pirss Mar. 21, 2005 . County ySherf Foreign 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE nc AUTHORIZED ISSUING AUTHORITY AND TITLE ' CY 3. CANARY - Sheriffs Off" 4. BLUE - Shenfrs Office 1 "' 31. Surdg. I32.7ot. QCoalsl 33. C ' 111117 A 1 39. Total Costs I 40. Costs Due or Refund AN 5 45. DATE DATE / yr O? 01-30-2004 49. DATE 51. DATE RECEIVED Curtis R. Long Prothonotary Office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ()3 - ?, qA3 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573