HomeMy WebLinkAbout08-6076GROFF TRACTOR & : IN THE COURT OF COMMON PLEAS OF
EQUIPMENT, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. : No. 2008 - 46X CIVIL TERM
PENN XCAVATING, INC. CIVIL ACTION
Defendant.
: JURY TRIAL DEMANDED
NOTICE TO DEFEND
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, order 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 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
800-990-9108
Americans with Disabilities
Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
1 1
GROFF TRACTOR & : IN THE COURT OF COMMON PLEAS OF
EQUIPMENT, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. No. 2008- 4 0 7(, CIVIL TERM
PENN XCAVATING, INC. CIVIL ACTION
Defendant.
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, this 30th day of September, 2008, come the Plaintiff, GROFF TRACTOR &
EQUIPMENT, INC., a Pennsylvania Corporation, by and through its attorneys, Irwin &
McKnight, and make the following Complaint against the Defendant, PENN XCAVATING,
INC., a Pennsylvania Corporation, averring as follows:
1. Plaintiff Groff Tractor & Equipment, Inc., is a Pennsylvania Corporation with its
principal place of business at 6779 Carlisle Pike, Mechanicsburg, Pennsylvania, 17050.
2. Defendant Penn Xcavating, Inc., is a Pennsylvania Corporation with its principal
place of business at 5 Silver Springs Road, Mechanicsburg, Pennsylvania, 17050.
3. At all times relevant hereto, Defendant held itself out to be in the business of
professional excavation.
COUNTI
BREACH OF CONTRACT
4. The averments of fact alleged in paragraphs one (1) through three (3) are made a
part hereof and incorporated herein by reference.
5. At Defendant's specific request, Plaintiff sold and delivered to Defendant various
merchandise in the form of equipment parts and provided labor and services in the form of
equipment rentals, equipment delivery and equipment repair, as more fully described in the
invoices which are attached hereto, made a part hereof and marked Exhibit "A."
6. The invoices contained in Exhibit "A" were delivered to Defendant.
7. Defendant never notified Plaintiff of any objection to the invoices described in
Exhibit "A."
8. The merchandise, labor and services accepted by Defendant were sold and
delivered by Plaintiff on the dates, and for the prices and quantities, set forth in Exhibit "A."
9. The prices charged in Exhibit "A" are correct, just and reasonable, and the usual
and market prices for the merchandise, labor and services sold to Defendant, and further are the
prices that Defendant agreed to pay.
10. Defendant has received all credits to which Defendant is entitled.
11. By reason of the foregoing, Defendant is indebted to Plaintiff in the amount of
Forty Thousand Two Hundred Seventy-Six and 68/100 ($40,276.68) Dollars.
12. Although Plaintiff repeatedly made demands upon Defendant to pay the sums due
and owing Plaintiff, Defendant has refused to provide payment.
2
I
WHEREFORE, Plaintiff respectfully requests that this Court award damages against the
Defendant in the amount of Forty Thousand Two Hundred Seventy-Six and 68/100 ($40,276.68)
Dollars, together with reasonable attorney fees, costs and interest as permitted by law and such
other and further relief as this Court shall deem fair, just, and proper.
COUNT II
UNJUST ENRICHMENT
13. The averments of fact alleged in items one (1) through twelve (12) are made a
part hereof and incorporated herein by reference.
14. Plaintiff has conferred benefits on Defendant by selling equipment parts, and
providing equipment rentals, equipment delivery and equipment repair services.
15. Defendant has received and acknowledged receipt of the above listed sales and
services provided by Plaintiff.
16. Defendant has not provided payment, despite repeated demands, to justify the
value of the benefits that it received from Plaintiff.
17. It is and continues to be inequitable for Defendant to benefit from the various
goods and services provided by Plaintiff without satisfactorily providing payment for those
goods and services.
WHEREFORE, Plaintiff respectfully requests that this Court award damages against the
Defendant in the amount of Forty Thousand Two Hundred Seventy-Six and 68/100 ($40,276.68)
3
Dollars, together with reasonable attorney fees, costs and interest as permitted by law and such
other and further relief as this Court shall deem fair, just, and proper.
Respectfully Submitted,
IRWIN & McKNIGHT
By:! 1
Matthew A. McKnight, Esquire
Supreme Court I.D. #:93010
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Dated: September 30, 2008 Attorney for Plaintiff
4
EXHIBIT "A
ft m? •' pmel'S sAtev
I nACTUR d EQU11'WC, T, INC. BRANCHES: EPHRATA, PA STATE COLLEGE, PA VALENCIA, PA NEW STANTON, PA
PENN XCAVATING,INC**
5 SILVER SPRINGS RD
P.O. BOX 396
MECHANICSBURG, PA 17050
'Wow
STATEMENT
9/10/07 INTEREST 120.20 .00 112.78
10/09/07 INTEREST 104.78 .00 104.78
10/20/07 MW71940 #* WORK ORDER 451.06 .00 287.37
10/27/07 MR43335A#* RENTAL INCOM 1526.40 .00 1526.40
10/27/07 MR43464 #* RENTAL INCOM 477.00 .00 477.00
10/27/07 MR43465'#* RENTAL INCOM> 1045.43 .00 1045.43
10/30/07 MR43335B#* RENTAL INCOM 1505.20 .00 1505.20
11/10/07 MW72070 "#* WORK ORDER 442.17 .00 442.17
11/12/07 MM04634 #* EQUIPMENT MO 364.38 .00 364.38
11/16/07 MR43290A#*- RENTAL INCOM 1484.00 .00 1484.00
11/16/07 MR43609 #* RENTAL INCOM 1060.00 .00 1060.00
11/19/07 MR43249A#* RENTAL INCOM 1908.00 .00 1908.00
11/19/07 MR43277A#* RENTAL INCOM 1908.00 .00 1908.00
11/19/07 MR43335C#* RENTAL INCOM 4558.00 .00 3052.80
11/20/07 MM04647 #* EQUIPMENT MO 333.90 .00 333.90
11./20/07 MM04650 #* E UIPMENT MO 311.38 .00 311.38
11/20/07 MM04656 * EQUIPMENT MO 238.50 .00 238.50
11/28/07 MR43672 * RENTAL INCOM 424.00 .00 424.00
11/29/07 MW72189 * WORK ORDER 814.03 .00 814.03
11/30/07 MR43249B * RENTAL INCOM; 1908.00 .00 1908.00
12/01/07 INTEREST 342.78 .00 342.78
12/10/07 MW72362 #* -RR121007-012 558.74 .00 231.22
12/18/07 MR43277B##* RENTAL INCOM 1908.00 .00 1908.00
12/18/07 MR43301D#* RENTAL INCOM' 1484.00 .00 996.40
12/26/07 MR43828 #* RENTAL INCOM 3052.80 .00 3052.80
3;2f28/07 MR43249C#* RENTAL INCOM 190$.00 00 1908.00
12731/07 MR43277C#* RENTAL INCOM 1908.00 .00 1908.00
d l7R " 'eirm w
M? 604F40. JEUVf?y
PENN XCAVATING,INC**
Please indicate invoices paid (X)
INTEREST 112.78
*NT REST 104.78
MW71940 * 287.37
]143335A * 1526.40
MR43464 * 477.00
AW465 * 1045:43
MR43335B * 1505
20
ltitW72070 * .
442.17
MM 04634 * 364.38
PLEASE REMIT TO: 6779 CARLISLE PIKE, MECHANICSBURG, PA 17050
TELEPHONE (711) 166-7671
FAX: (717) 766-1580
WEBSITE: www.grofftractor.com
ALL INVOICES ARE DUE WITHIN 30 D.
OF INVOICE DATE. A 1 '/2% SERN
CHARGE IS ASSESSES
ALL INVOICES PAST 30 DAYS. PLE
INDICATE INVOICE NUMBER Vv
YOUR REMITTAP
PE777P 08/20/08 1
PE777P 08/20/08 1
MR43290A#* 1484.00
MR43609 ' *' 1060.00
MR43249A * 1908.00
MR43277A * 1908.00
MR43335C * 3052.80
MM04647 * 333.90
MM04650 * 311.38
MM04656 * 238.50
MR43672 * 424.00
MW72189 * 814.03
MR43249B * 1908.00
INTEREST 342.78
MW72362 * 231.22
MR43277B * 1908.00
MR43301D * 996.40
MR43828 * 3052.80
MR43249C * 1908.00
4
MR43277C * 1908.00 1 1
For proper credit please return this portion with your payment.
STATEMENT
PLEASE REMIT TO: 6779 CARLISLE PIKE, MECHANICSBURG, PA 17050
mad TELEPHONE: (717) 766-7671
FAX: (717) 766-1580
WEBSITE: www.grofftractor.com
TRACTOR & ENIPM M INC. BRANCHES: EPHRATA, PA STATE COLLEGE, PA VALENCIA, PA NEW STANTON, PA
ALL INVOICES ARE DUE WITHIN 30 D,
OF INVOICE DATE. A 1 '/: y SER%
CHARGE ISASSESSEP
ALL INVOICES PAST 30 DAYS. PLE.
INDICATE INVOICE NUMBER W
YOUR REMITTAA
PENN XCAVATING,INC** PE777P 08/20/08 2
5 SILVER SPRINGS RD
P.O. BOX 396
MECHANICSBURG, PA 17050
STATEMENT
`. p? 7? Vl VTnk ; ur+7?lrll?#P [` I1 1, + Tw? +
1/08/08
1/11/08 INTEREST
MW72362/BI
RR121007-012; 536.15
327.52 .00
00 536.15
327
52
1/28/08
-2/07/08 MR43249D#*
INTEREST RENTAL INCOM 1908.00 .
.00 .
1908.00
2/14/08
2/18/08
MR44030 #*
MR44
*
NOT PAID 560.29
23.85 .00
.00 560.29
23.85
2/29/08 036 #
MW72938 #* NOT 'PAID
BILL PER CB 15.90
1565.75 ,0,0
00 15.,90
1565
75
2/29/08
3/06/08 MW72964 #*
INTEREST BILL PER CB 1396.52 .
.00 .
1396.52
3/05/08
MR44083`#*
NOT PAID 799.04
15.'77 .00
00 799.04
15
77
4/08/08
5/06/08 INTEREST
INTEREST 844.07 .
.00 .
844.07
6/04/08
INTEREST 844.31
594.73 .00
00 844.31
594
73
7/14/08
8/06/08 INTEREST
INTEREST 594.73 .
.00 .
5<94.73
594.73 .00 594.73
**T K YOU FOR OUR BUSINESS* *
YOUR %CCOUNT IS 1 20 DAYS PAST E-REMIT
PAYM T IMMEDIATE LY TO AVOID F THER
ACTIO q.
I 40276 68 1 I 1 40276.68
I 5928.39 1 1 1 34348 29 1 5928 39 I
PENN XCAVATING,INC**
Please indicate invoices paid (X)
INTERES 536
15
1`72362 BI .
327.52
MR43249 #* 1908.00
IT#` RREST 560.29
MR44030 * 23.85
44036 * 15.90
MW72938 #* 1565.75
172:964 #* 1396.52
INTEREST 799.04
PE777P 08/20/08 2
><` 40276.68
Wok... ..::..;:
MR44083 #* 15.77
INTEREST 844.07
INTEREST 844.31
INTEREST 594.73
INTEREST 594.73
INTEREST 594.73
For proper credit please return this portion with your payment.
e
• , GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQU/PMEMT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC QP-4
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------
MEMO
-REPAIR FLAT TIRE
OUTSIDE REPAIRS
06000 REPAIR FRONT TIRE
ENV FEE/MISC SU
06000 ENVIRONMENTAL/MISC SHOP SUPPLIES
Price Amount
431.19
Groff Tractor & Equipmet
Date paid: S?o2
Amount; /v? q _..._.....
Check #
?- 31
ALANCE DU ,?
iMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 112% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
THIS INVOKE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1538479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE
Charge Sale
PACKING
** SUBTOTAL 431.19
** SALES TAX 25.87
PAY THIS
AMOUNT $457.06
/ GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQU/PMENT, /#C. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
J GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
echanicsburg, PA. * S, PA.
, PA. New Stanton, PA College Valencia, PA.
TRACTOR & EQUIPMENT ,111C. Ephrata
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
/ GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, A. * S, PA.
ata, PA. New Stanton, PA. C* Valencia, PA.
TRACIVR it EQUIPMENT, INC. Ephr
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
MEMO
BILLING FOR RENTA L AND FUEL.
***CLEANING CHARG E WAIVED AS AGREED***
MEMO
06000 Contract # 020292
DIESEL FUEL REC
06000 7 GAL O $3.75/GAL 26.25
RENT INC CASE
06000 UNIT: 14421 IW 460.00
MAKE: CASE MODEL: 580SM2PK*
SERIAL#: N6C412333 DESCRIPTION: IW
DATE OUT: 10/23/07 156.5 DATE IN: 10/25/07 167.2
RENT INC RPO
06000 UNIT: 14058 ATTACH 500.00
MAKE: BREAKER' MODEL: BH1000
SERIAL#:
DATE OUT: T000657
10 23/07 DESCRIPTION: ATTACH
DATE IN: 10/26/07
ERMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
Y THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
X
Charge Sale
ACCOUNTS PAYABLE PSSR PACKING SLIP
** SUBTOTAL 986.25
** SALES TAX 59.18
PAY THIS
1045.43
AMOUNT
EL / GROFF TRACTOR & EQUIPMENT, INC.
6 ?79 CMUSLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. ' State College, PA.
TMCYN & EQUIPMENT, INC. Ephrata, PA. * New Stanton, PA. " Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
I GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX(717)766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQU/PMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
MEMO
-HYDRAULIC LEAK ON BREAKER
TRAVEL TO CUSTOMER JOB LOCATION. CHECK BREAKER FOR HYDRAULIC OIL
FOUND HOSE BROKEN OFF FOR CONTILUBE SYSTEM
REMOVE BROKEN END AND LEAK
k
.
CLEAN UP. REPLACE HOSE WITH NEW HOSE AND SECURE WITH LOCKTITE.'CL HOS
EAN U?
AND INSTALL GREASE TUBE. CHECK OIL LEVEL IN MACHINE, TOP OFF HYDRAULIC OIL
IN TANK. TRAVEL BACK TO SHOP.
SHOP PARTS SALE
06000 1 ATC 9245999754 HOSE/ 17" SR76-A 19.75 19.75
06000 20 SHP MS1209 ULTRA ZSHOP 3.00 60.00
** TOTAL SHOP PARTS SALE 79.75
OUST LABOR'
** TOTAL CUST LABOR 254.20
SERV CALL CHARG
06000 24 SERVICE CALL MILEAGE 2.30 55.20
SHIP & HANDLING
06000 SHIPPING & HANDLING 7.65
ENV FEE/MISC SU
06000 ENVIRONMENTAL/MISC SHOP SUPPLIES 20.34
2MS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
** SUBTOTAL 417.14
** SALES TAX 25.03
X Charge Sale
F1?E??"' PAY THIS $442.17
::. ..... :: AMOUNT
COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP
E It
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
inAlPTUR CF EQU/PMEN1y INC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC DELIVER EXCAVATOR
5 SILVER SPRINGS RD BY WINTERMYER
MECHANICSBURG, PA 17050 45290
/ GROFF TRACTOR 8 EQUIPMENT, INC.
6779 CARLISLE PIKE
Am= MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQUIPMENT, INC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
PERIODIC BILLING FROM 11/06/07 TO 12/03/07
MEMO
BILLING F OR 2ND MONTH RENTAL.
(REPLACES MR43301C)
MEMO
06000 CONTRACT # 020184
RENT INC USED
06000 UNIT: 15790 ROLLER 1400.00
MAKE: WACKER MODEL: RT82-SC
SERIAL#: 5721736 DESCRIPTION: ROLLER
D ATE OUT: 10/09/07 45.2 DATE IN:_
ERMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 112% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
IY THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
-USTOMER SIGNATURE)
X
Charge Sale
ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP
** SUBTOTAL 1400.00
** SALES TAX 84.00
PAY THIS
AMOUNT
$1484.00
s
j GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EXIMMENT, INC. Ephrata, PA. " New Stanton, PA. • Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
TRACTOR & EQUIPMENT, INC. E p h
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
rata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
SHIP TO
EL / GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
TRACTM & EXIMMEK /NC. Eph ata, PAgic* New Stanton, PA.C* Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TBI1CTnA & EQU/PMENT, /AIC, Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
PERIODIC BILLING FROM 11/08/07 TO 12/05/07
MEMO
BILLING FOR 2ND MONTH RENTAL.
MEMO
06000 Contract # 020203
RENT INC RPO
06000 UNIT: 15043 ATTACH 4300.00
MAKE: BREAKER MODEL: EXC3000
SERIAL#: 2811 DESCRIPTION: ATTACH
DATE OUT: 10/11/07 DATE IN:
Groff Tractor & Equ' men
Date paid:
'n/ 2
Amount: ?S C7'
e # IVXVS5&
ALANCE DU `? ?.
ERMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
Y THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
X
Charge Sale
.......................................................................
........................................................................
..............................................
................. ........................ ...............................
PAYABLE PSSR PACKING SLIP
** SUBTOTAL 4300.00
** SALES TAX 258.00
PAY THIS
AMOUNT $4558.00j
COPY DISTRIBUTION: ORIGINAL
EL / GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & ENIPMEN,, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC MOVE CX160 AT FT INDTWN GAP
5 SILVER SPRINGS RD BY LIBERTY
MECHANICSBURG, PA 17050 2956
/ GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MPENIL- tot I ii MECHANICSBURG, PA. 17050
(717) 766.7671 FAX(717)766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQU/PMEMT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC RETURN EXCAVATOR
5 SILVER SPRINGS RD BY WINTERMYER
MECHANICSBURG, PA 17050 45468
ELu
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQUiPINEAIT, /IYC. Ephrata, PA. * New Stanton, PA. * Valencia,
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC MOVE BACKHOE
5 SILVER SPRINGS RD BY WINTERMYER
MECHANICSBURG, PA 17050 45449
PA.
?ROFF
TRACTOR & EQUIPMENT, INC. E p h
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1560
Mechanicsburg, PA. * State College, PA.
rata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
ELu
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQU/PMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia,
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
PA.
ELu-
GROFF TRACTOR & EQUIPMENT, INC.
6770 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRAL71= d EQUIPMENT, /NC, Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
/ GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
MCIVI ' & EQU/PMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC W-QM
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
MEMO
-REPAIR LEAKING DIPPER CYLINDER
TRAVEL TO CUSTOMER JOB LOCATION'. CHECK AND FOUND 'DIPPER' CYLINDER LEAKING
OIL AROUND OUTSIDE OF HEAD GLAND. CHECK TO FIND HEAD GLAND DAMAGE
E D CALL
YL
ND
'
C
BACK TO ORDER SEAL KIT AND HEAD GLAND. SET UP MACHINE TO REMOV ER.
I
LOAD CYLINDER ON TRUCK AND TAKE BACK TO SHOP FOR REPAIRS.
SET UP CYLINDER ON BENCH. DISASSEMBLE TO INSPECT FOUND SEALS AND
NEW SEAL
f BACK-UP
KIT AND
NSTALL
ON HEAD GLAND. CLEAN UP CYLINDER PARTS,
DAMAGED
.
REASSEMBLE CYLINDER. LOAD ON TRUCK AND TAKE TO JOB LOCATION. INSTALL
CYLINDER ON MACHINE AND HOOK UP. OPERATE TO REMOVE AIR FROM SYSTE M AND
TEST, TEST OK. CHECK AND FILL HYDRAULIC TANK. TRAVEL BACK.
WARRTY PART SAL
00000 1 CAS 154291502 KIT SEAL SR28-Dl N/C
SHOP PARTS SALE
06000 4 SHP MS1209 ULTRA ZSHOP 3.00 12.00
CUST LABOR
** TOTAL CUST LABOR 221.40
SERV CALLCHARG
06000 60 SERVICE CALL MILEAGE 2.30 138.00
06000 60 SERVICE CALL MILEAGE 2.30 138.00
** TOTAL SERV CALL CHARG 276.00
LCA WARRANTY
** TOTAL LCA WARRANTY
WAR LABOR TX
** TOTAL WAR LABOR TX
ENV FEE/MISC SU
06000 ENVIRONMENTAL/MISC SHOP SUPPLIES 17.71
Groff Tractor a Eq
Date paid: O3 a
Amount <30?;;,
check # yDs7 -
iMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE 30 DAYS (1 B ALL RETURNS MUST BE ACCOMPANIED
THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING C WW ,j?,al' I NUMBER WITH YOUR REMTTANCE.
C
** SUBTOTAL 527.11
** SALES TAX 31.63
X Charge Sale
PAY THIS I
AMOUNT $558.74
ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP
? ) r
I/ I MAd GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
ANIL- MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. State College, PA.
TRACTOR & EQU/PMENT, Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
PERIODIC BILLING FROM 12/03/07 TO 12/30/07
MEMO
BILLING FOR 3RD MONTH RENTAL.
MEMO
06000 Contract # 020168
RENT INC CASE
06000 UNIT: 12454 IW 1800.00
MAKE: CASE MODEL: 580SM2PK*
SERIAL#: N5C385969 DESCRIPTION: IW
DATE OUT: 10/08/07 594.6 DATE IN:
RMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1538479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
X
1800.00
108.00
1908.001
COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP
r /
GROFF TRACTOR & EQUIPMENT, INC.
E 6779 CARLISLE PIKE
ZEMECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQU/PMENT,1NA Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
PERIODIC BILLING FROM 12/04/07 TO 12/31/07
MEMO
BILLING FOR 3RD MONTH RENTAL.
MEMO
06000 Contract # 020184
RENT INC USED
06000 UNIT: 15790 ROLLER 1400.00
MAKE: WACKER MODEL: RT82-SC
SERIAL#: 5721736 DESCRIPTION ROLLER
DATE OUT: 10/09/07 45.2 DATE IN:
Groff Tractor & ui eut
Date paid:
O
Amount:
LANCED y-?
TERMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
BY THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1538479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
X Charge Sale
COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP
** SUBTOTAL
** SALES TAX
PAY THIS
AMOUNT
1400.001
84.00
1484.001
}
I GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EOMPMEK,, /IYC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
/ GROFF TRACTOR & EQUIPMENT, INC.
IF 6779 CARLISLE PIKE
MPENIL- f ii MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR of EQUIPMENT, INC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
?ROFF
TRACTW & EPIN MENT, INC.
SOLD TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
Ephrata. PA. * New Stanton, PA. * Valencia, PA.
SHIP TO
r v
10 I GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. ' State College, PA.
TRACTOR & EQUIPMENT, Ephrata, PA. • New Stanton, PA. • Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
• .4 1
/ GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TNACTIlR & EQl//PMEAIT, Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING,INC**
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description -------------------------------* Price Amount
MEMO
FINAL RENTAL BILLING - FOR FUEL.
**DAMAGE NOTED** CUSTOMER WILL BE BILLED SEPARATELY.
MEMO
06000 Contract # 020001
DIESE L FUEL REC
06000 6 GAL @ $3.75/GAL 22.50
RENT INC CASE
06000 UNIT: 14977 IW
MAKE: CASE MODEL: 580SM2PK*
SERIAL#: N6C413017 DESCRIPTION: IW
DATE OUT: 9/17/07 140.5 DATE IN: 2/14/08 934.6
RMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
X
COPY DISTRIBUTION: ORIGINAL
** SUBTOTAL
** SALES TAX
Cash Sale
Y THIS
.. NT
PAYABLE PSSR PACKING SLIP
22.501
1.35
23.851
A 14
ELu
nMCTOR E ENIMFENT, INC. Ep
GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
hrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO
PE777P PENN XCAVATING,INC**
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
SHIP TO
? L/ GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(7`17)766.7671 FAX(717)766.1580
Mechanicsburg, PA. * State College, PA.
M4CYW & EQU IPAWK /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
Price Amount
MEMO -
-CHECK SERVICE
-REPAIR BROKEN' WINDOW LATCH
-REPLACE OUTRIGGER SAFETY PIN
-STRAIGHTEN LEFT STEP
BRING UNIT INTO SHOP AND CHECK OVER FOUND MACHINE NEEDED 1000 HR SERVICE.
CHANGE THE FOLLOWING: ENGINE OIL & FILTER' INNER OUTER AIR FILTERS HY-
DRAULIC OIL & FILTER TRANSMISSION OIL & FILTER AND FUEL FILTER. TbP OFF
ANTIFREEZE AND GREASk MACHINE. FIX STEP AND WINDOW LATCH., INSTALL KEEPER
PINS ON OUTRIGGER PINS. CHANGE THE FUEL LINE THAT HAD A BROKEN TAB ON IT.
ADD REAR AXLE OIL ADDITIVE.
SHOP PARTS SALE
06000 1 CAS 446454A1
06000 1 CAS 87803261
06000 1 CAS 878.03194
06000 1 CAS N9025
06000 1 CAS 222421A1
06000 1 CAS 222422A1
06000 1 CAS 87344860
06000 1 CAS 254686A2
060000 1 CAS 14457880
06000 1 `CAS 2852594
06000 1 CAS 132096A1
06000 95 'SHP MS1209
06000 13 SHP 15W40
06000 1 CAS 402982A1
PIN LOCK C13-F1 11.50
FIL'L'ER, ENG SR06 -D 15.37
FILTER, FUE SR05-D 17.36
FILTER DIS'/S10B 44.07
ELEMENT SR08-B 43.46
ELEMENT SR01;-A 36.38
HANDLE C15-E2 13.35
FILTER, 01 DIS/SR5B' 66.09
GASKET C02-Al 2.44
TUBE' 56.73
GREAS 251 E DIS/BR2B 2.84
ULTRA ZSHOP 2.61
ENGINE OIL SHOP 2.58
OIL DIS/S55D 9.30
** TOTAL SHOP PARTS SALE
CUST LABOR
** TOTAL CUST LABOR
ENV FEE/MISC SU
06000 ENVIRONMENTAL/MISC SHOP SUPPLIES
11.50
15.37
17.36
44.07
43.46
36.38
13.35
66.09
2.44
56.73
2.84
247.95
33.54
9.30
600.38
811.80
64.94
tMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1/2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 234538479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
** SUBTOTAL
X
Charge Sale
** SALES TAX
1477.12
88.63
PAY THIS 0 I
AMOUNT $1565.75
ORIGINAL ACCOUNTS PAYABLE PSSR
/ GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(717) 766.7671 FAX (717) 766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR d EQUIPMENT, /HC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC**
5 SILVER SPRIN&S RD
MECHANICSBURG, PA 17050
Tax D Qty Description ---- ---------------------------* Price Amount
MEMO'
-COMPLETE LEVEL 3 SERVICE
BRING MACH ?NE'INTO SHOP. CHANGE THE FOLLOWING: ENG NE
T
OIL -& FILTER 'REAR &,
R AIR FILTERS
FRONT AXLE HUB OILS, HYDR
FILTER AULIC OIL & FILTER INNER/OU
6REASE UNIT
AND FUEL FILTER ,
E
ADD ADDITIVE AND
TRANS
CHECK MISSION OIL &
TIRE PSI. CLEAN CAB .
FILTERS AND CHANGE WIPER FUS k THAT WAS BLOWN.
INSTALL NEW SNAP RING AND WASHERS IN LEFT FRONT HUB THAT WERE BROKEN.
SHOP
060000 PARTS SALE
2 CAS 446454A1
PIN LOCK C13-Fl
11.50
23.00
060000 1 CAS 87803194 FILLER, FUE 'SR05-D 17.36 17.3b
060000 1 CAS 87803261 FILTER, ENG SR06-D 15.37 15.37
060000 1 CAS N9025 FILTER DIS/SLOB 44.07 44.07
060000 1 CAS 254686A2 FILTER, OI DIS/SRSB 66.09 66.09
060000 1 CAS 87682989 FILTER, AIR SR06-F 43.34 43.34
060000 1 CAS 87438245 FILTER AIR SR07-B
2B 32.85
2
84 32.85
2
84
G60000 1 CAS 132096A1 GREAS 251 E DIS/BR . .
060000 1 CAS 85805998 PLATE, ANTI C18-D2 12.08 12.08
060000 1 CAS 85805999 PLATE, ANTI C01-F3 12.66 12.66
060000 1 CAS 85806000 CIRCLIP C18-C6 4.23 4.23
060000 1 CAS 402982A1 OIL DIS/S55D 9.30 9.30
060000 96 SHP MS1209 ULTRA ZSHOP 2.61 250.56
060000 12 SHP 1SW40 ENGINE OIL SHOP 2.58 30.96
** TOTAL SHOP PARTS SALE 564.71
OUST LABOR
** TOTAL OUST
LABOR
697.00
ENV. FEE/MISC SU
06000 ENVIRONMENTAL/MI
SC SHOP SUPPLIES
55.76
ZMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 1!2% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#t: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
X
Charge Sale
** SUBTOTAL 1317.47
** SALES TAX 79.05
PAY THIS 0 I
AMOUNT $1396.52
COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP
r ,4 1
I GROFF TRACTOR & EQUIPMENT, INC.
6779 CARLISLE PIKE
MECHANICSBURG, PA. 17050
(7`17)766.7671 FAX(717)766.1580
Mechanicsburg, PA. * State College, PA.
TRACTOR & EQUIPMENT, INC. Ephrata, PA. * New Stanton, PA. * Valencia, PA.
SOLD TO SHIP TO
PE777P PENN XCAVATING INC**
5 SILVER SPRINGS RD
MECHANICSBURG, PA 17050
Tax D Qty Description --------------- ----------------* Price Amount
MEMO
BILLING FOR FUEL IN LOANER MACHINE.
MEMO
06000 Contract # 020461
DIESEL F
06000 UEL REC
3.5 GAL
@ $'4.25/GAL
14.88
RENT INC USED
06000 UNIT: 13565 EXCMINI
MAKE: TAKEUCHI MODEL: TB135-C
SERIAL#: 13517662 DESCRIPTION: E CMINI
4
DATE OUT: 11/23/07 300.2 08 604.3
DATE IN: 3/0
06000 UNIT: 13562 ATTACH
MAKE: EXCM BKT MODEL: TB125/2411
SERIAL#: NA DESCRIPTION: ATTACH
DATE OUT: 11/23/07 DATE IN: 3/04/08
PERMS: NET 30 (UNLESS OTHERWISE NOTED); A 1 112% SERVICE CHARGE ON ALL INVOICES OVER 30 DAYS (18% PER ANNUM). RETURNS: ALL RETURNS MUST BE ACCOMPANIED
3Y THIS INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE.
X
Cash Sale
PSSR PACKING SL
** SUBTOTAL 14.88
** SALES TAX .89
PAY THIS OF- AMOUNT $15.27
COPY DISTRIBUTION: ORIGINAL ACCOUNTS
VERIFICATION
The foregoing document is based upon information which has been gathered by our
counsel and ourselves in the preparation of this action. We have read the statements made in this
document and they are true and correct to the best of our knowledge, information and belief. We
understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section
4904, relating to unsworn falsification to authorities.
Clint Llauget
Credit & Collections Supervisor
GROFF TRACTOR & EQUIPMENT, INC.
Date: 9 Vv , 2008
-$C _ `r 1
GROFF TRACTOR &
EQUIPMENT, INC.
Plaintiff
V.
PENN XCAVATING, INC.
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6076 CIVIL ACTION
PRAECIPE TO REINSTATE COMPLAINT
TO CURTIS R. LONG, PROTHONOTARY:
Please reinstate the Complaint in the above-captioned case.
Respectfully submitted,
IRWIN & McKNIGHT
By:
Matthew A. c ight, Esquire
60 West Pom Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No: 93010
Attorney for Plaintiff,
Groff Tractor & Equipment, Inc.
Date: November _L1 _, 2008
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-06076 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
GROFF TRACTOR & EQUIPMENT INC
VS
PENN XCAVATING INC
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
PENN XCAVATING INC but was
unable to locate Them in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT , PENN XCAVATING INC
5 SILVER SPRINGS ROAD
MECHANICSBURG, PA 17050
PER OWNER OF BUILDING, DEFENDANT MOVED OUT IN JANUARY.
Sheriff's Costs:
Docketing 18.00
Service 30.00
Not Found 5.00
Surcharge 10.00
Postage .59
111),110F 63.59
So answers: -l
l
R. Thom ne
Sheriff of Cumb rland County
MARCUS MCKNIGHT
10/31/2008
Sworn and Subscribed to before
me this day of
A. D.
GROFF TRACTOR &
EQUIPMENT, INC.
Plaintiff
V.
PENN XCAVATING, INC.
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2008-6076 CIVIL ACTION
PRAECIPE TO REINSTATE COMPLAINT
TO CURTIS R. LONG, PROTHONOTARY:
Please reinstate the Complaint in the above-captioned case.
Respectfully submitted,
IRWIN & McKNIGHT
By:
Matthew A. McKnight, Esquire
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No: 93010
Attorney for Plaintiff,
Groff Tractor & Equipment, Inc.
Date: December I, 2008
Vv
Vi
i\
x!
?5.
rll-
Lr ? ,
1
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cz?
ZL'
.? pY
SHERIFF'S RETURN - OUT OF COUNTY o-rc
CASE NO: 2008-06076 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GROFF TRACTOR & EQUIPMENT INC
VS
PENN XCAVATING INC
R. Thomas Kline Sheriff or Deputy Sheriff who being ..:
duly sworn according to law, say s, that he made a d iligent search and
and inquiry for the within named DEFENDANT to wit:
PENN XCAVATING INC
but was unable to locate Them in his bail iwick. He therefore
deputized the sheriff of YORK County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On January 27th , 2009 this office was in receipt of the
attached return from YORK '
Sheriff's Costs: So a n s w : --" "
Docketing 18.00
Out of County 9.00 ,
Surcharge 10.00 R. Thomas Kl ne o,
Dep York County 72.50 Sheriff of Cumber land County ,r
Postage 3.60
••
113.10
01/27/2009
..
MARCUS MCKNIGHT A
Sworn and subscribe to before me
this day of
A.D. ..w.
?- t`V
4:;
? _. c'?
tl_.? is-?; ?;.?
C
.r) j U+'
?? ?'..
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?;
C ? _? ;.,-
?`'.i
i i • , r i 0 i 01 • • i 1 * 0 0
PENNY PRESS OF YORK, ING Ph (717) 843.4078 Fax (717) 848-1360
COUNTY OF YORK
OFFICE OF THE SHERIFF S(717) 7 9601E
45 N. GEORGE ST., YORK, PA 17401
SHERIFF SERVICE I RMI
PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEAM TYM OWY E?"J /1 7MM 12
00 WT =TACO !?R'l1< COPES
1 PLAINTIFF/S/ 2. COURT NUMBER
Groff Tractor & Equipment Inc 08-6076 civil
3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINTNOT ICE, CICA
Penn Xcavating Inc Notice & Complaint
SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD
Penn Xcavating Inc
6. ADDRESS (STREET OR RFO WITH BOX NUMBER. APT NO, CITY, BORO. TWP. STATE AND ZIP CODE)
AT 105 East Tuckahoe Road Dillsburg, PA 17019
7. INDICATE SERVICE U PERSONAL U PERSON IN CHARGE )CMEPUTIZE 0 CE T IL 0 1ST CLASS MAIL O POSTED LIOTHER
NOW December 30 20 I, SHERIFF OF WO COUNTY PA, d? hereby deputize the sheriff of
York COUNTY to execute ri ,pia a return th cording
to law. This deputizabon being made at the request and risk of the plaintiff.
SHERIFF OF411111111111111MCOUNlY
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICEouT OF CO. CtTnberland
Please mail return of service to Cumberland County Sheriff. Thank you.
ADV FEE PAID BY CUMBBRIAND OD SHERIFF
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 part of such deputy or the sheriff to any plaintiff
herein for any loss. destruction, or removal of any property before shenfrs sale thereof.
9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATUR , 10. TELEPHONE NUMBER 11. DATE FILED
WEST POMFRET PROFESSIONAL BLDG., 60 W. POMFRET ST., CARLISLE, PA 17013 717249-2353 12-10-08
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed rt notice is to be mailed)
CUMBERLAND CO SHERIFF
SP MOW FOR USE OF THE ' SAWT - 00 NOT INDITE
13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date
or eomplient as indicated above. MJ MCGILL YCSO 112-24-2008 11-9-09
16. HOW SERVED: PERSO ( ) RESIDENCE ( ) POSTED( ) POE { ) SHERIFF'S OFFICE ( ) OTHE SEE REMARKS BELOW
17. O hereby certiy n a NOT FO ND beg I am u to locate the individual, company, etc. named above. (See remarks below.)
-0 Qoe to. now, U ED ST S HERE IF NOT SHOWN ABOVE Relationship to Defendant) 1.. We of Service 20 Ti of r,^,&
21. Irk ]Oak I Time nt. Date Time Miles Int Date Time Miles Int. Date Time Miles Int. Date Time Miles Int.
23. Advance Costs 24. Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Check No
$125.00
I "I ?QO
6Q
Oy1k
CD
_
34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Cert. 38. Mileage/PostagetNot Found 39. Total Costs 40. Costs Due or Refund
20th SO ANSWERS
41. AFFIRMED and subscribed to a me _
ON ^ ®I?f F l?/Y\ 44. Signature of
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NOTARIAL SEAL
46. Signatu ark
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7-DATE
LISA L. GOVI/MAN
NOTARY PUBLIC County Sheniff
,
CITY OF YORK, YORK COUNTY HARD P.
RIC R, SHER 1-20-09
MY COMMISSION EXPIRES AUG. 12, 2009 48 Signature 49 DATE
County Sheriff
riff
Sheriff
I
GROFF TRACTOR &
EQUIPMENT, INC.
Plaintiff
V.
PENN XCAVATING, INC.
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No.: 2008- 6076 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION
NOTICE TO PLEAD
TO: Matthew A. McKnight, Esquire,
Attorney for Groff Tractor & Equipment, Inc., Plaintiff
You are hereby notified to file a written response to the enclosed DEFENDANT'S
ANSWER WITH NEW MATTER & COUNTERCLAIMS within twenty (20) days from
service hereof or a judgment may be entered ag inst you.
Date: 2-13-6 1
Du an Bratic, Esquire I.D. #19249
10 South U.S. Route 15
Dillsburg, PA 17019
(717)432-9706
Attorney for Defendant
GROFF TRACTOR & : IN THE COURT OF COMMON PLEAS
EQUIPMENT, INC. : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. No.: 2008- 6076 CIVIL TERM
PENN XCAVATING, INC. : JURY TRIAL DEMANDED
Defendant : CIVIL ACTION
DEFENDANT'S ANSWER TO COMPLAINT
1. Admitted.
2. Admitted.
3. Admitted.
4. No responsive pleading required.
5. Denied. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth or falsity of the averment contained
in paragraph 5 and, therefore, said allegations are denied. By way of further answer,
Plaintiff failed to deliver all of the various merchandise in the form of equipment parts or
provide all of the labor and services in the form of rentals as alleged by Plaintiff.
6. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth or falsity of the averment
contained in paragraph 6 and, therefore, said allegations are denied. By way of further
answer, it is denied that all invoices contained in Plaintiff's Exhibit A were delivered to
Defendant.
7. Denied. On the contrary, the service charges were not accurate or lawful
and appropriate credits were not given to Defendant.
8. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth or falsity of the averment
contained in paragraph 8 of the Complaint and, therefore, said allegations are denied.
9. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth or falsity of the averment
contained in paragraph 9 of the Complaint and, therefore, said allegations are denied.
10. Denied. On the contrary Defendant did not receive all credits to which
Defendant is entitled.
11. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth or falsity of the averment
contained in paragraph 11 of the Complaint and, therefore, said allegations are denied.
12. Admitted in part and denied in part. Admitted that Plaintiff made demands
on the Defendant, but the Defendant denies that the sums claimed by Plaintiff are due.
13. No responsive pleading is required.
14. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth or falsity of the averment
contained in paragraph 14 of the Complaint and, therefore, said allegations are denied..
By way of further answer, Defendant has not received all of the benefits claimed by
Plaintiff.
15. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth or falsity of the averment
contained in paragraph 15 of the Complaint and, therefore, said allegations are denied.
By way of further answer, Defendant did not receive all of the items that Plaintiff claims
it sold to Defendant and Defendant did not receive all of the repairs claimed by Plaintiff
and therefore denies the allegations.
16. Denied. After reasonable investigation, Defendant is without knowledge
or information sufficient to form a belief as to the truth or falsity of the averment
contained in paragraph 16 of the Complaint and therefore denies the allegations. To the
contrary, Defendant alleges that the Plaintiff has not provided appropriate credits and
has over charged the Defendant for items that the Defendant should not have been
charged.
17. Denied. On the contrary the Plaintiff has not provided the Defendant with
appropriate credits and has made demand for items that the Defendant should not have
been charged for.
WHEREFORE, Defendant respectfully requests that Plaintiffs claim be
dismissed, and that judgment be entered in favor of Defendants with attorney's fees and
costs and against Plaintiff.
NEW MATTER
18. Defendant repeats and realleges paragraphs 1 through 17 by reference as if fully
set forth herein.
19. The purported invoices attached to Plaintiffs Complaint were obtained through
and a result of improper and illegal dealings by the Plaintiff with Defendant; further, said
invoices falsely state the services or work performed.
20. Plaintiffs Complaint fails to state a claim upon which relief may be granted.
21. Plaintiff unilaterally modified the parties agreement and breached the same by
changing the terms and then over billing for services that had not been performed or
that were not performed properly; furthermore, these changes were neither authorized
nor approved by Defendant.
22. Plaintiffs failure to provide the merchandise, labor and services required under
the parties' agreement was a material breach of the contract, which bars plaintiffs
claims.
23. Plaintiffs failure to provide the merchandise, labor and services required under
the parties' agreement constitutes non-performance of the contract, which bars plaintiffs
claims.
24. Plaintiffs failure to provide the merchandise, labor and services as required
under the parties' agreement bars plaintiffs action by the defense of failure of
consideration.
25. Plaintiffs failure to provide the merchandise, labor and services as required
under the parties' agreement was a surrender of plaintiffs rights under the contract and
plaintiffs claim is barred by the defense of waiver.
26. Plaintiffs failure to provide the merchandise, labor and services as required
under the parties' agreement bars plaintiffs actions by the defense of unclean hands.
27. Plaintiffs failure to provide the merchandise, labor and services required under
the parties' agreement bars plaintiffs action by the defense of estoppel.
WHEREFORE, Defendant requests that this Honorable Court dismiss Plaintiffs
Complaint in its entirety with prejudice.
COUNTERCLAIMS
COUNT 1
(Breach of Contract)
28. Defendant/Counter-Plaintiff (hereinafter "Penn") repeats and realleges
paragraphs 1 through 27 by reference as if fully set forth herein.
29. The Plaintiff/Counter-Defendant (hereinafter "Groff") has breached its duty of
good faith and fair dealing implied in every contract that neither party shall do anything
which will have the effect of destroying or injuring the right of the other party to receive
the fruits of their contract.
30. Groff, as a matter of intentional and planned business practices, breached its
duty by:
(a) failing to deliver the proper equipment or render all services it charged;
(b) failing to deliver equipment and parts that were merchantable and fit for the
purpose intended;
(c) failing to provide an accurate account relating to the prices and charges for
the equipment and services supplied;
(d) failing to deliver parts and services as promised or as requested;
(e) failing to complete deliveries or respond to service requests as promised;
(f) failing to properly credit or cancel charges for periods when equipment was
not being rented or in use and as promised by Plaintiff;
(g) failing to fulfill and complete change requests or deduct charges as promised;
(i) assessing unauthorized interest, rental fees, repair costs, service fees and
maintenance charges;
31. Additionally, Groff has imposed or collected amounts that are not due and owing by
Penn's agreement including, without limitation, overcharges for nonconforming parts and
equipment, interest charges, maintenance fees and repair charges; and Groff breached
its contractual obligations to Penn as set forth herein above.
32. Groff has breached its agreement and its duty to exercise good faith to Penn's
detriment .
WHEREFORE, Defendant/Counter-Plaintiff respectfully prays for the following
relief:
A. That the Court enter declaratory judgment that Groff has breached their
legal duty by failing to supply equipment or perform services as agreed to
or as advertised; by adding fees or additional charges to invoices not
authorized by agreement and law; by not properly crediting adjustments to
invoices; and by suing on bogus amounts due;
B. Declare that the Groff is in breach of the equipment and rental agreements,
that Penn is entitled to enforce its rights and remedies permitted by law
and that Penn is not in default of the terms of the agreement;
C. Enjoin the Groff from collecting or attempting to collect any charges or fees
related to the equipment and rental agreements, including any attorney fees
or interest charges;
D. That Groff be enjoined from pursuit of the illegal practices as alleged;
E. Attorney fees and such other relief as the Court may deem reasonable
and just.
COUNT 2
(Unconscionability and Bad Faith)
33. Defend ant/Counter-Plaintiff repeats and realleges paragraphs 1 through 32 by
reference as if fully set forth herein.
34. As described herein, Groff systematically engaged in procedural and substantive
unconscionability in violation of Pennsylvania's common law prohibiting bad faith and
unconscionability in commercial transactions.
35. Prior to and during the time of the equipment and rental agreements, Penn told
Plaintiff's representative of Penn's specific needs and job requirements for all of the
various merchandise in the form of equipment parts and all of the labor and services
requested in the form of rentals.
36. Prior to and during the time of the parts supply and rental transactions there
existed a disparity in bargaining power between Penn (on the one had) and Groff (on
the other hand). Penn is a small business that provides excavating services. Groff is
part of a sophisticated, statewide, multi-million dollar full line construction equipment
dealer that has engaged in supplying construction equipment, rentals and parts over a
vast time period.
37. Procedurally, Groff intentionally misrepresented, or failed to disclose, material
information concerning the nature and terms of the Defendant/Counter-Plaintiff's rental
equipment and related services, thereby depriving Penn of material information of which
Penn was unaware, and also depriving Penn of information that might have reduced the
disparity in bargaining power between the parties.
38. Procedurally, Groff also failed to provide to Penn with a copy of any written
contract, at the time of purchase or rental or at anytime thereafter, thereby depriving
Penn of the full disclosure of contract provisions, and also depriving Penn of a
procedure that might have reduced the disparity in bargaining power between the
parties.
39. Procedurally, Groff also prevented Penn from obtaining and thereby better
understanding Groffs service contracts and rental agreements.
40. Procedurally, Groff misrepresented, or failed to disclose, to Penn all terms and
conditions of rental agreements and/or service contracts that Penn had requested when
they negotiated the contract terms.
41. Procedurally, Groff also engaged in high pressure sale tactics that were designed
to, and did, induce Penn to enter into fraudulent purchase and rental agreements.
42. Given the disparity of bargaining power between the parties, and the imbalance
in acumen and understanding of the parties, the above identified procedural
unconscionability was intended to, and did, cause Penn to have a lack of meaningful
choice in connection with the purported service and rental agreements.
43. The above described substantive unconscionability rendered the purchases and
rental contracts that were entered into unreasonably favorable to the Plaintiff/counter-
defendant Groff.
44. Penn reasonably relied on Groffs above described unconscionable practices,
which proximately caused Penn's injury.
45. The above described unconscionable practices render void and unenforceable
the purchase and rental transactions entered into between Groff and Penn.
46. As a result of the above described violations the purchase and rental agreements
with Groff are void and unenforceable.
WHEREFORE, Defendant/Counter-Plaintiff requests the following relief:
A. An order (i) entering relief in favor of Penn for nonconforming goods and
services, (ii) providing actual damages, attorneys' fees and costs to Penn;
B. An Order declaring Groffs service and rental agreements void and
unenforceable due to their unconscionability under state law and common law;
C. Award actual and punitive damages;
D. Such other relief at law or equity as this Court may deem just and proper.
COUNT 3
(Promissory Estoppel)
47. Defendant/Counter-Plaintiff repeats and realleges paragraphs 1 through 46 by
reference as if fully set forth herein.
48. Groff orally promised to provide parts, services and rentals at promised prices,
which they did not provide to Penn.
49. Groff deceptively presented ambiguous invoices that did not conform to
their oral promises and misled Penn as to the performance of those promises.
50. Groff breached their oral promises and failed to perform by not disclosing
information or providing accurate data, resulting in overcharges to defendants.
51. Penn reasonably relied upon Groff's oral promises to their detriment.
WHEREFORE, Defendant respectfully requests that this Court enter judgment
in its favor and against plaintiff for all consequential and incidental damages, including
reasonable attorneys fees and costs and such other and further relief as this Court
DATE: 2 -/ 3 -6 l Respectf4ly submitted,
Dusah Bratic, Esquire #19249
BRATIC & PORTKO
101 South U.S. Route 15
Dillsburg, PA 17019
(717)432-9706
Attorneys for Defendant
VERIFICATION
I, /74_, c /*-E C. 4 S 7t7-pV j , hereby acknowledge that I am
a 0Ar--&. e <, of Penn Xcavating, Inc. the Defendant in the foregoing Answer to
Complaint, that I have read the foregoing, and the facts stated therein are true and correct
to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
Pe cavating, Inc. by:
Date: -2 -/3 et o fl
GROFF TRACTOR &
EQUIPMENT, INC.
Plaintiff
V.
PENN XCAVATING, INC.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No.: 2008- 6076 CIVIL TERM
JURY TRIAL DEMANDED
CIVIL ACTION
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Answer was
provided by U.S. Mail, postage prepaid, first class, to the following:
Matthew A. McKnight, Esquire
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
Date: 2-0-6 1 BY:
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