Loading...
HomeMy WebLinkAbout01-4723FURNLEY ENTERPRISES, 1NC., Plaintiff CLYDE C. BACHERT, JR., T/D/B/A AIRPORT LIMO - YELLOW CAB, Defendant COURT OF COMMON CUMBERLAND PENNSYLVANIA : CIVIL PLEAS FOR COUNTY, NOTICE You have been sued in court. If yon wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the 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. Dated: August 9, 2001 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2_27~N.~I/~h Street, PO Box 116 .J~un~on, PA 17020 J~,7ff 7 ) 834-3087 JJ Sup. Ct. ID#: 47624 ~ Attorney for Plaintiff FURNLEY ENTERPRISES, INC., Plaintiff CLYDE C. BACHERT, JR., T/D/B/A AIRPORT LIMO - YELLOW CAB, Defendant COURT OF COMMON CUMBERLAND PENNSYLVANIA CIVIL PLEAS FOR COUNTY, 8. 9. 10. COMPLAINT Plaintiff, Fumley Enterprises, Inc., is a Pennsylvania Corporation with offices at 291 Sawmill Road, PO Box 69, Duncannon, Pennsylvania, 17020. Defendant is Clyde C. Bachert, Jr., an individual t/d/b/a Airport Limo - Yellow Cab, with offices at 50 Market St., Lemoyne, PA. Between March 13, 2000, and April 13, 2000, at the defendant's request, plaintiff performed excavation work for defendant at defendant's job site in Adams County. Exhibit A is a detailed itemized statement of all of the services performed and all of the payments received on account thereof. The total amount of services supplied was $21,525.00. Defendant accepted the excavation work. Defendant paid $9,000.00 of this total, which has been applied to the foregoing total, leaving a balance due of $12,525.00. As stated on Exhibit A, the unpaid balance earns interest at 1 ½% per month. The accrued interest from April 13, 2000, to the date of this complaint is $2,977.18. Defendant was indebted to the Plaintiff in the sum of $15,502.18. Although a demand has been made, Defendant has failed to pay all or any part of the sum of $15,502.18. WHEREFORE, Plaintiffdemands: interest at 1.5% per month from August 9, 2001 ,502.18 with costs and s paid. Jerry A 22 Dated: August 9, 2001 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4909, relating to unswom falsification to authorities. ENTERPRISES 291 Sawmill Road P. O. Box 69 Duncannon, PA 17020 (717) 957-3261 - Fax (717) 834-4429 Invoice Sold To: PAGE 1 Clyde C. Bachert, Jr. Invoice #: 00990700 50 Market Street Invoice Date: 4/ 5/00 Lemoyne,, PA 17043 Payment Due: 04/05/00 Terms: UPON RECEIPT INVOICE 03/13 (3) Moving Chgs/Permit Loads @ $500.00/Move TIC#8107 1,500.00 03/14 D8K Dozer @ $160.00/Hr. TIC #8073 (1.75 Hrs) 280.00 03/14 Pan #2 @ $160.00/Hr. TIC #8073 (8 Hrs) 1,280.00 03/14 Pan #4 @ $160.00/Hr. TIC #8073 (4 Hrs) 640.00 03/15' Pan #2 @ $160.00/Hr. TIC #8074 (8.5 Hrs) 1,360.00 03/15 Pan #4 @ $160.00/Hr. TIC #8074 (8.5 Hrs) 1,360.00 03/15 D8 Dozer @ $160.00/Hr..TIC #8074 (8.5 Hrs) 1,360.00 03/20 Pan #2 @ $160.00/Hr. TIC #8076 (9.75 Hrs) 1,560.00 03/20 Pan #4 @$160.00/Hr. TIC #8076 (5.25 Hrs) 840.00 03/20 D8 Dozer @ $160.00/Hf. TIC #8076 (9.25 Hrs) 1,480.00 03/27 Pan #2 @ $160.00/Hr. TIC #8075 (7.5 Hrs) 1,200.00 03/27 D8 Dozer @ $160.00/Hr. TIC #8075 (6.5 Hrs) 1,040.00 03/31 Pan #2 $160.00/Hr. TIC #7908 (4.5 Hfs) 720.00 03/31 Pan #4 @ $160.00/Hr. TIC #7908 (10 Hrs) 1,600.00 03/31 D8 Dozer @ $160.00/Hr. TIC #7908 (10 Hrs) 1,600.00 04/13 D8 Dozer @ $160.00/Hr. TIC #7226 (8.5 Hrs) 1,360.00 04/13 Pan #2 @ $160.00/Hr. TIC #7226 (7.5 Hrs) 1,200.00 04/13 Pan #4 @ $160.00/Hr. TIC #7226 (7 Hrs) 1,120.00 Bank Charge for returned check. CHECK #848 25.00 Gnnt~n]]Pd nn NP~t Pag. Mcss~e: 1.5% INTEREST APPUED AFTER ~ DAYS. ENTERPRISES 291 Sawmill Road P. O. Box 69 Duncannon, PA 17020 (717) 957-3261 - Fax (717) 834-4429 Invoice Sold To: PAGE 2 Clyde C. Bachert, Jr. Invoice #: 00990700 50 Market Street Invoice Date: 4/ 5/00 Lemoyne,, PA 17043 Payment Due: 04/05/00 Terms: UPON RECEIPT INVOICE Payment. (CASH) Thank You. -6,000.00 Payment Check #1171 Thank You. -3,000.00 Message: 1.5% INT~.H[.~ I APPLIED Ay ~ e:t.i 30 DAYS. 1.5% Interest after 30 days TOTAL 12,525.00 SHERIFF'S RETURN - CASE NO: 2001-04723 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FURNLEY ENTERPRISES INC VS BACHERT CLYDE C JR ET AL REGULAR SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BACHERT CLYDE C JR T/D/B/A AIRPORT LIMO-YELLOW CAB the DEFENDANT , at 0020:58 HOURS, on the 10th day of August , 2001 at 50 MARKET ST LEMOYNE, PA 17043 KEITH STEVENS (SUPERVISOR) by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 10.40 Affidavit 10.00 Surcharge .00 .00 38.40 Sworn and Subscribed to before me this _~ day of ~ .... ./- ~! A.D. P~o~"nonotary - ' So Answers: R. Thomas Kline 08/20/2001 JERRY PHILPOTT Deputy Sheriff ! FURNLEY ENTERPRISES, INC., Plaintiff CLYDE C. BACHERT, JR., T/D/B/A AIRPORT LIMO - YELLOW CAB, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4723 CIVIL ACTION - LAW ANSWER. NEW MATTER AND COUNTERCLAI~ AND NOW comes the Defendant, Clyde C. Bachert, Jr., by his attorney, George A. Vaughn, III, and files the following Answer, New Matter and Counterclaim, to the Complaint of the Plaintiff in this matter: 1. Admitted 2. It is admitted that Clyde C. Bachert, Jr., is an individual and that he occupies offices at 50 Market Street, Lemoyne, Pennsylvania. It is denied that Clyde C. Bachert, Jr., trades or does business as Airport Limo - Yellow Cab. 3. It is admitted that Defendant requested Plaintiff perform excavation work at a location in Adams County, Pennsylvania, and that some of the requested work was performed by the Plaintiff between March 13, 2000, and March 31, 2000. It is denied that Exhibit "A" attached to Plaintiff's Complaint sets forth the agreement of the parties as to the work to be performed and the payments actually made by the Defendant. By way of further answer, Defendant avers that the C:YL WOP-J{IMIS CAG 100301B .WPD agreement made between Plaintiff and Defendant provided for a fixed price of $12,000.00. 4. It is denied that the total amount of services supplied by the Plaintiff was $21,525.00 or that Defendant agreed to pay or is obligated to pay Plaintiff for the services allegedly supplied by the Plaintiff. 5. Admitted. 6. It is denied that Defendant paid to Plaintiff only $9,000.00. On the contrary it is averred that Defendant has paid to Plaintiff the sum of $10,500.00. It is denied that Defendant is indebted to Plaintiff in the amount of $12,252.00 or any other amount. 7. It is admitted that Exhibit "A" of Plaintiff's Complaint contains language indicating that interest of 1.5% is due after 30 days, but it is denied that Exhibit "A" is in any way relevant to the a determination of the agreement reach by the parties. It is denied that the agreement of the parties as to the work to be done by the Plaintiff contained any terms or provisions regarding the payment of interest. It is denied that the Plaintiff is entitled to collect any interest, and it is further denied that the Defendant is indebted to Plaintiff in any amount upon which interest could be charged. 8. Denied. Paragraph 7 of Defendant,s Answer, together with the Paragraphs of Defendant's New Matter and Counterclaim, is incorporated herein. 9. Denied. Paragraph 6 and Paragraph 7 of Defendant,s Answer, together with the Paragraphs of Defendant's New Matter and Counterclaim, are incorporated herein. 10. It is admitted that Plaintiff has demanded payment of various amounts from Defendant. It is denied that Defendant is indebted to Plaintiff in the amount of $15,502.18 or any other amount. WHEREFORE, Defendant respectfully requests this Court dismiss Plaintiff's Complaint. 11. Defendant hereby incorporates the averments contained in Paragraph 1 through Paragraph 10 of his Answer. 12. At all times relevant hereto, Furnley Frisch ("Frisch") was an officer, a~ent, and/or employee of the Plaintiff, and he was duly authorized to act for and on behalf of the Plaintiff. 13. In the be~innin~ of March 2001, Defendant met with Frisch at a property owned by Defendant and located in Adams County, Pennsylvania ("Jobsite") to determine the charge Plaintiff would make for performin~ certain excavation work at the Jobsite. 14. The scope of the excavation work was explained by the Defendant and understood by Frisch by reference to and upon inspection of the Jobsite, and it involved 9enerally the scrapin9 and 9radin9 of a portion of the Jobsite by heavy equipment to produce a level surface. 15. On behalf of the Plaintiff, Frisch orally offered to provide C:~LWORK~VI1SCAGI00301B.WPD - 3 - the men and equipment necessary to do the work at a cost not to exceed $12,000.00 ("Offer"). 16. Defendant orally accepted the Offer subject to the following additional terms which were agreed to and accepted by Frisch. 17. The Plaintiff was to provide the equipment and employees needed to complete the work in a prompt, efficient and workmanlike manner without interruption once the work was begun. 18. In pursuant of the parties' agreement, on or about March 13, 2000, Plaintiff delivered to the Jobsite certain equipment and commenced performance of the work on the following day. 19. Thereafter and until the Plaintiff left the Jobsite, various pieces of Plaintiff's equipment malfunctioned or failed to function at all so that none of Plaintiff's equipment could be utilized in the most effective and efficient fashion. 20. Although Plaintiff worked at the Jobsite on March 14 and March 15, Plaintiff did not work there on March 16 and March 17 in violation of its agreement with Defendant. 21. Plaintiff did work at the Jobsite on March 20, but then Plainfiff did not work at the Jobsite again until March 27 in violation of its agreement with Defendant. 22. After March 27, Plaintiff did not work again at the Jobsite until March 31 in violation of its agreement with Defendant. 23. As a direct result of the failure of Plaintiff,s equipment to function or its malfunction, Plaintiff was unable to perform the C:kLWORKkMISCAGI00301B.WPD - 4 - work promptly and efficiently resulting in all of the equipment being used for longer time periods than would have been necessary in the absence of such failure or malfunction. 24. On March 31, 2000, as a result of Plaintiff's failure to supply functioning equipment and to complete the work in a prompt, efficient and timely fashion without interruption, Defendant terminated his agreement with Plaintiff and ordered Plaintiff to cease further work and remove its equipment from the Jobsite. 25. Any work done by Plaintiff after March 31, 2000, was done without the authorization of Defendant. 26. As a result of Plaintiff's failure to provide equipment in good working condition and to perform the work in a prompt and timely fashion without interruption, Plaintiff breached and failed to perform its agreement with the Defendant. 27. The payment of $10,500.00 already made by Defendant to Plaintiff exceeds the amount of any compensation to which Plaintiff may be entitled under its agreement with Defendant. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Complaint. 28. Defendant hereby incorporates Paragraph 1 through Paragraph 26 of Defendant,s Answer and New Matter. 29. As a direct result of Plaintiff's breach of its agreement with Defendant, Defendant was required to complete the work Plaintiff C:~LWORKq~IIS(AG100301B.WPD - 5 - had agreed to do by the use of Defendant's own equipment and workmen. 29. Defendant believes, and therefore avers, that the reasonable cost of the completion work performed by Defendant is $4,000.00. 30. Plaintiff is obligated to Defendant in the amount of $4,000.00 as a result of Plaintiff,s breach of its agreement. W~EREFORE, Defendant demands judgment against Plaintiff on Defendant's Counterclaim in the amount of $4,000.00, together with the costs of suit. Dated: /O/~ , 2001 Respectfully Submitted, Attorney for Defendant Supreme Court I.D. ~25650 3904 Trindle Road Camp Hill, PA 17011 (717) 975-9102 VERIFICATION Plaintiff, CLYDE C. BACHERT, JR., verifies that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ~)// , 2001 C:%L WORKLMISCAG 100301 B.WPD CERTIFICATE OF SERVICR I, George A. Vaughn, III, do hereby certify that I have on this date served the within Answer, New Matter and Counterclaim upon Plaintiff by mailing a true and correct copy thereof by first class mail, postage prepaid, to the Plaintiff,s attorney of record as follows: Dated: JERRY A. PHILPOTT, ESQUIRE 227 N. HIGH STREET, PO BOX 116 DUNCANNON, PA 17020 2001 GeOrge ~"~~ A. Vaughn, III C:~L WORK~vIISC~G100301B.WPD FURNLEY ENTERPRISES, 1NC., Plaintiff VS. CLYDE C. BACHERT, JR., T/D/B/A AIRPORT LIMO-YELLOW CAB; Defendant : IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-04723 CIVIL ACTION - LAW PRAECIPE To The Prothonotary: Kindly mark the above matter settled and discontinued as to both the plaintiff's case and the defendant's counterclaim. Dated: March 8, 2002 3904 Trindle Road Camp Hill, PA 17011 Counsel for defendant Dated: .~//.~/b '2//.