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HomeMy WebLinkAbout08-6077GROFF TRACTOR & : IN THE COURT OF COMMON PLEAS OF EQUIPMENT, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : No. 2008 -LUy7 CIVIL TERM EARTH WORKS EXCAVATING, INC., : CIVIL ACTION a Pennsylvania Corporation, and WAYNE W. PIPER, Defendants. 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. f 7 GROFF TRACTOR & : IN THE COURT OF COMMON PLEAS OF EQUIPMENT, INC. : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. No. 2008 - 6071 CIVIL TERM EARTH WORKS EXCAVATING, INC., : CIVIL ACTION a Pennsylvania Corporation, and WAYNE W. PIPER, Defendants. JURY TRIAL DEMANDED COMPLAINT AND NOW, this 30a' 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 Defendants, EARTH WORKS EXCAVATING, INC., a Pennsylvania Corporation, and WAYNE W. PIPER jointly and severally, 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 Earth Works Excavating, Inc., is a Pennsylvania Corporation with its principal place of business at 380 Strickler Avenue, Waynesboro, Pennsylvania, 17268. 3. Defendant Wayne W. Piper, is an adult individual, with a principal residence at 380 Strickler Avenue, Waynesboro, Pennsylvania, 17268. 4. Upon information and belief, Defendant Wayne W. Piper is the sole shareholder of Earth Works Excavating, Inc. T ? 5. At all times relevant hereto, Defendants held themselves out to be in the business of professional excavation. COUNTI BREACH OF CONTRACT 6. The averments of fact alleged in paragraphs one (1) through five (5) are made a part hereof and incorporated herein by reference. 7. At Defendants' specific request, Plaintiff sold and delivered to Defendants 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." 8. Defendant Wayne W. Piper agreed, in writing, to be a personal guarantor for Defendant Earth Works Excavating, Inc., a copy of which is attached hereto, made a part hereof and marked Exhibit "B." 9. The invoices contained in Exhibit "A" were delivered to Defendants. 10. Defendants never notified Plaintiff of any objection to the invoices described in Exhibit "A." 11. The merchandise, labor and services accepted by Defendants were sold and delivered by Plaintiff on the dates, and for the prices and quantities, set forth in Exhibit "A." 2 12. 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 Defendants, and further are the prices that Defendants agreed to pay. 13. Defendants have received all credits to which Defendants are entitled. 14. By reason of the foregoing, Defendants are indebted to Plaintiff in the amount of Fifty-One Thousand Three Hundred Eighty-Two and 44/100 ($51,382.44) Dollars. 15. Although Plaintiff repeatedly made demands upon Defendants to pay the sums due and owing Plaintiff, Defendants have refused to provide payment. WHEREFORE, Plaintiff respectfully requests that this Court award damages against the Defendants in the amount of Fifty-One Thousand Three Hundred Eighty-Two and 44/100 ($51,382.44) 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 16. The averments of fact alleged in items one (1) through twelve (15) are made a part hereof and incorporated herein by reference. 17. Plaintiff has conferred benefits on Defendants by selling equipment parts, and providing equipment rentals, equipment delivery and equipment repair services. 3 18. Defendants have received and acknowledged receipt of the above listed sales and services provided by Plaintiff. 19. Defendants have not provided payment, despite repeated demands, to justify the value of the benefits that it received from Plaintiff. 20. 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, Plaintiffs respectfully request that this Court award damages against the Defendants in the amount of Fifty-One Thousand Three Hundred Eighty-Two and 44/100 ($51,382.44) 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: 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 STATEMENT PLEASE REMIT TO: 6779 CARLISLE PIKE, MECHANICSBURG, PA 17050 TELEPHONE: (717) 766-7671 FAX: (711) 766-1580 WEBSITE: www.grofftractor.com C#Un dr 1UQU1J' CiF1. IMC. BRANCHES: EPHRATA, PA STATE COLLEGE, PA VALENCIA, PA NEW STANTON, PA ALL INVOICES ARE DUE WITHIN 30 DA OF INVOICE DATE. A I 'b% SERVb CHARGE IS ASSESSED ( ALL INVOICES PAST 30 DAYS. PLEA INDICATE INVOICE NUMBER WI' YOUR REMITTANC EARTH WORKS EXC**2 EA783P 09/03/08 1 WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 STATEMENT 7/10/06 INTEREST 14.90 .00 14 90 8/07/06 INTEREST 7/06 INT. 41.98 .00 . 41 98 10/31/06 10/31/06 MR40523C#* MR40792 * RENTAL INCOM RENT I 5289.40 .00 . 4026.98 11/08/06 MW68160 * AL NCOM WORK ORDER 954.00 2483.33 .00 .00 954.00 2483 33 11/13/06 MR40543C * RENTAL'INCOM 1484.00 .00 . 1484 00 11/13/06 MR40589C$$* RENTAL INCOM 3074.00 .00 . 3074 00 11/13/06 MR40916 #* RENTAL INCOM 788.38 .00 . 788 38 11/20/06 MR40792B * RENTAL INCOM 954.00 .00 . 954 00 11/20/06 MR40902` * RENTAL INCOM 572.40 .00 . 572 40 11/21/06 11/27/06 MR40964 * MR40902A * RENTAL INCOM REN N 3631.83 .00 . 3631.83 11/29/06 MR40902B * TAL I COM_ RENTAL INCOM 572.40 551.20 .00 .00 572.40 551 20 11/29/06 MR40985 * RENTAL INCOM 710.20 .00 . 710 20 11/30/06 MR41015 * RENTAL INCOM 1498.71 .00 . 1498 71 12/11/06 INTEREST 476.82 .00 . 476 82- 12/11/06 12/11/06 MP09457 * MP09605 * PARTS SALE PARTS AL 438.08 .00 . 438.08 12/11/06 MR40792C * S E RENTAL INCOM 1855.00 2938.72 .00 .00 1855.00 2938 72 12/13/06 MR40589D * RENTAL INCOM 3074.00 .00 . 3074 00 12/26/06 1/13/07 MR41110 * MW68718 * RENTAL INCOM WORK ORDER 5019.10 277.54 .00 .00 . 5019.10 277 54 1/19/07 MR4038OBTR FIX POST ERR 489.60 .00 . 2 00 2/06/07 2/12/07 INTEREST MP11256 #* PARTS SALE 1256.43 144.86 .00 .00 . 1256.43 144 86 3/20/07 MP12278 #* PARTS SALE 139.39 .00 . 139.39 L_4/09/07 INTEREST 782.78 .00 782.78 EARTH WORKS EXC**2 EA783P 09/03/08 1 Please indicate invoices paid (X) :' ...,.....,,.?j"' EREST 14.90 MR40902 * 572.40 MR40792C * 2938 72 `ER EST 41.98 MR40964 * 3631.83 MR40589D * . 3074.00 0523C * 4026.98 MR40902A * 572.40 MR41110 * 1 5019 10 0792 * 954.00 MR40902B * 551.20 MW68718 * . 277.54 8160 * 2483.33 MR40985 * 710.20 MR4038OBTR 2.00 05430 * 1484.00 MR41015 * 1498.71 INTEREST 1256.43 0589C * 0916 * 3074.00 788.38 INTEREST MP09457 #* 476.82 0 8 MP11256 #* * 144.86 43 8 . MP12278 # 139.39 07928 * 954.00 MP09605 #* 1855.00 INTEREST 782.78 For proper credit please return this portion with your payment. STATEMENT PLEASE REMIT TO: 6779 CARLISLE PIKE, MECHANICSBURG, PA 17050 TELEPHONE: (717) 766-7671 FAX: (717) 766-1580 WEBSITE: www.grofftractor.com - zo TRACTOR d EM MEA% INC. BRANCHES: EPHRATA, PA STATE COLLEGE, PA VALENCIA, PA NEW STANTON, PA EARTH WORKS EXC**2 WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 ALL INVOICES ARE DUE WITHIN 30 DA' OF INVOICE DATE. A 1 '/:% SERVI( CHARGE IS ASSESSED ( ALL INVOICES PAST 30 DAYS. PLEA, INDICATE INVOICE NUMBER WI' YOUR REMITTANC EA783P 09/03/08 2 STATEMENT 4/30/07 MP13421 #* E105 5/10/07 INTEREST 6/11/07 INTEREST 7/05/07 INTEREST 7/13/07 MP15610 ##* PARTS SALE 7/13/07 MP15611 #* PARTS SALE 8/07/07 INTEREST 9/10/07 INTEREST 10/09/07 INTEREST 12/01/07 INTEREST 12/28/07 MW72413 #* APPRVD BY CO 1/08/08 INTEREST 1 2/07/08 INTEREST 2/22/08 MW72832 #* T450-15(NEED 4/08/08 INTEREST 5/06/08 INTEREST (5Z04/08 INTEREST 7/14/08 INTEREST 130608 / / INTEREST 21 8 08 JE/08005 NSF CK#1098' **T YOU FOR OUR BUSINESS* YOUR CCOUNT IS 120 DAYS PASTE PA IMMEDIATELY TO AVOID FU ACTI 49509.14 14467.42 1382.44 36915.02 1 12594.12 EARTH WORKS EXC**2 Please Indicate invoices paid (X) EA783P 09/03/08 2 ?.< 51382.44 4 ."A MP13421 #* 64.56 INTEREST 1737.42 INTEREST 784.87 MW72413 #* 865.31 INTEREST 715.87 INTEREST 567.42 INTEREST 715.87 INTEREST 580.40 MP15610 #* 85.44 MW72832 #* 691.27 MP15611 #* 18.32 INTEREST 553.73 INTEREST 715.87 INTEREST 553.73 INTST 717.42 INTEREST 553.73 INTEREST 717.42 INTEREST 553.73 .30 64.56 .00 64.56 784.87 .00 784.87 715.87 .00 715.87 715.87 .00 715.87 85.44 .00 85.44 18.32 .00 18.32 715.87 .00 715.87 717.42 .00 717.42 717.42 .00 717.42 1737.42 .00 1737.42 865.31 .00 865.31 567.42 .00 567.42 580.40 .00 580.40 691.27 .00 691.27 553.73 .00 553.73 553.73 .00 553.73 553.73 .00 553.73 553.73 .00 553.73 553.73 .00 553.73 1873.30 .00 1873.30 E-REMIT I THER Zz' INTEREST 553.73 JE/08005 1873.30 For proper credit please return this portion with your payment. e / GROFF TRACTOR R EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTO/4' & EQUIPMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. Tax D Qty Description ------------------------------- PERIODIC BILLING FROM 10/11/06 TO 11/07/06 MEMO BILLING FOR 2ND MONTH RENTAL. MEMO 06000 Contract # 017737 RENT INC RPO 06000 UNIT: U12785 CL MAKE: LIEBHERR MODEL: 622 SERIAL#: 392-6975 DESCRIPTION: CL' DATE OUT: 9/13/06 211.7 DATE IN: Groff Tractor & E u ent Date paid: 1 DF-- Amount: `c Check BALANCE DUE Price Amount 4990.00 2MS: 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 INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. ** SUBTOTAL 4990.00 X ** Charge Sale SALES TAX 299.40 PAY THIS AMOUNT 5289$.40 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR ?.? ? . ;? GROFF TRACTOR$ EQUIPMENT, INC. Eff 6779 CARLISLE PIKE 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 EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price Amount PERIODIC BILLING FROM 10/20/06 TO 10/26/06 MEMO BILLING FOR 1ST W EEK RENTAL. MEMO 06000 Contract # 018000 RENT INC USED 06000 UNIT': 14729 EXC 855.00 MAKE: TAKEUCHI MODEL: TB175-C SERIAL#: 17515706 DESCRIPTION: EXC DATE OUT: 10/20/06 DATE IN: 06000 UNIT: 14730 ATTACH 45.00 MAKE: EXC BKT MODEL: TB175/24" SERIAL#: 6470-17 DESCRIPTION: ATTACH DATE OUT: 10/20/06 DATE IN: ** TOTAL RENT INC USED 900.00 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.#: 231538479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. ** SUBTOTAL 900.00 X ** Charge Sale SALES TAX 54.00 PAY THIS AMOUNT $954.00 DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP / GROFF TRACTOR S EQUIPMENT, INC. 6779 CARLISLE PIKE 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 EA783P EARTH WORKS EXC QP-4 WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price Amount MEMO INSTALL TRACK ON UNIT GET NEW TRACK AND LOAD ON TRUCK. 'TRAVEL TO CUSTOMER JOB LOCATION TO INSTALL ON MACHINE. SET UP MACHINE AND REMOVE LEFT SIDE DAMAGED TRACK. INSTALL NEW TRACK AND HOOK UP. ADJUST TENSION AND OPERATE TO CHECK, CHECK OK. TRAVEL BACK TO SHOP. SHOP PARTS SALE 06000 2 CAS 132096A1 GREAS 251 EP DIS/BR2B 2.73 5.46 06000 1 TAK 1700100019 KEY SR60-C 8.10 8.10 06000 1 TAK 1914099520 TL140 TRACK BR14-B' 1750.00 1750 00 ** TOTAL SHOP PARTS SALE OUST LABOR ** TOTAL CUST LABOR SERV CALL CHARG 06000 64 SERVICE CALL MILEAGE ENV FEE/MISC SU 06000 ENVIRONMENTAL/MISC SHOP SUPPLIES 2.30 1763.56 400.00 147.20 32.00 2MS: 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 INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. X ORIGINAL ** SUBTOTAL 2342.76 ** Charge Sale SALES TAX 140.57 PAY THIS AM OUNT $2483.33 PSSR PACKING SLIP Y TRACTOR & EQUIPMENT,, /NC. E p h SOLD TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 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. SHIP TO I I GROFF TRACTOR & EQUIPMENT, INC. A= I 6779 CARLISLE PIKE PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & EQUIPMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 / GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & EQUIPMENT, 111C. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 I GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & EQt//PMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price PERIODIC BILLING FROM 11/03/06 TO 11/16/06 MEMO BILLING FOR 3RD AND 4TH WEEK RENTAL. MEMO 06000 Contract # 018000 RENT INC USED 06000 UNIT: 14729 EXC MAKE: TAKEUCHI MODEL: TB175-C SERIAL#: 17515706 DESCRIPTION: EXC DATE OUT: 10/20/06 DATE IN: 06000 UNIT: 14730 ATTACH MAKE: EXC BKT MODEL: TE175/2411 SERIAL#: 6470-17 DESCRIPTION: ATTACH DATE OUT: 10/20/06 DATE IN: ** TOTAL RENT INC USED Amount 855.00 45.00 900.00 2MS: 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 INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. ** SUBTOTAL 900.00 X ** Charge Sale SALES TAX 54.00 S PAY THIN $.00 AMOUNT 954 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR 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, INC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 / GROFF TRACTOR & EQUIPMENT, INC. 21 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & EQU/PMEIYT, /NC. Ephrata, PA. New Stanton, PA. Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 ur r GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 TRACTOR & Mechanicsburg, PA. State College, PA. EQU/PMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 / GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * S, PA. ta, PA. New Stanton, pq College Valencia, PA. AMC,= & EQUIPMENT, INC. Ephra SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 j z5ff GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 MAC= & EQUIPMEHrs INC. SOLD TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SHIP TO j GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE EtNMECHANICSBURG, PA. 17050 TRACTOR & EQUIPMENT, INC. SOLD TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SHIP TO / GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 TRACTOR & EQUIPMENT, INC. SOLD TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SHIP TO / GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 TRACTOR & EQUIPMENT, INC. SOLD TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SHIP TO GROFF TRACTOR S EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSSURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * S, PA. ata, PA. - New Stanton, PA. College* Valencia, PA. TRACTOR & EQU/PMEK INC. Ephr SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price Amount MEMO FINAL RENTAL BILLING PLUS FUEL. MEMO 06000 Contract # 018000 DIESE L FUEL REC 0600ON 19.3 GAL ® $3.75/GAL 72.38 RENT INC USED 06000 UNIT: 14729 EXC 2565.00 MAKE: TAKEUCHI MODEL: TB175-C SERIAL#: 17515706 DESCRIPTION: EXC DATE OUT: 10/20/06 3.8 DATE IN: 12/04/06 126.4 06000 UNIT: 14730 ATTACH 135.00 MAKE: EXC BKT MODEL: TE175/2411 SERIAL#: 6470-17 DESCRIPTION: ATTACH DATE OUT: 10/20/06 DATE IN: 12/04/06 ** TOTAL RENT INC USED 2700.00 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 2772.38 X ** Charge Sale SALES TAX 166.34 PAY T HIS AM ...................................... ouNT 2938.72 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR f ' Ziff GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSI3UKG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & EQUIPMENT, /IYC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description ------------------------------- PERIODIC BILLING FROM 11/17/06 TO 12/14/06 MEMO FINAL RENTAL BILLING. ***DAMAGE NOTED*** CUSTOMER MAY BE BILLED SEPARATELY. MEMO 06000 Contract # 017799 RENT INC RPO 06000N UNIT: 13069 CTL MAKE: TAKEUCHI MODEL: TL14'0 SERIAL#: 21402966 DESCRIPTION: CTL DATE OUT: 9/22/06 214.7 DATE IN: 12/08/06 Price Amount 2900.00 367.7 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 2900.00 ** SALES TAX 174.00 X Charge Sale PAY THIS I AMOUNT $3074.00 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP / GROFF TRACTOR & EQUIPMENT, INC. Eff 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 TRACTOR & EQUIPMENT, INC. SOLD TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SHIP TO GROFF TRACTOR& EQUIPMENT, INC. E9111ZE 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & EQU/PMENT, /IYC, Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price Amount MEMO REPLACE AUXILLARY COUPLER BRACKET DAMAGED ' ON RENTAL , INSTALL NEW BRACKET AND FITTIN REMOVE AUXILLARY HOSES AND BRACKE GS. HOOK UP HOSES. SHOP PARTS SALE 06000 1 CAS 144642A1 BRACKET SR37-E 69.25 69.25 06000 2 GAT AD2706-12-12 BULK HEAD C05-G4 9.89 19.78 ** TOTAL SHOP PARTS SALE 89.03 CUST LABOR ** TOTAL CUST LABOR 160.00 ENV FEE/MISC SU 06000 ENVIRONMENTAL/MISC SHOP SUPPLIES 12.80 tMS: 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 INVOICE. ALL RETURNS ARE SUBJECT TO A 15% RESTOCKING CHARGE. FEDERAL I.D.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. TORE) ** SUBTOTAL 261.83 ** SALES TAX 15.71 X Charge Sale PAY THIS I AMOUNT $277.54 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP ?ROFF TRACTOR & EQUIPMEK /NC. E p h SOLD TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 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. SHIP TO COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP / GROFF TRACTOR S EQUIPMENT, INC. 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & fQU/PM NT ??C. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price PARTS COU NTER 06000 1 HNS 23HXL TOOTH DIS/S81D 10.89 06000 1 HNS 23PA FLEX PIN DIS/C12G 4.61 06000 1 TAK 1914202300 SHANK SR60-D 16.14 06000 1 MIS 9-TAK-90 O-RING KIT 21.45 06000 1 TAK 12953552150 FUEL FILTER C08-M1 8.04 06000 1 TAK 5873103370 OIL FILTER SR60-G 18.83 06000 1 TAK X13240015 FUEL FILTER SR60-G 11.27 06000 1 'TAK 11911712560 AIR FILTER((O SR60-I 23.35 06000 1 TAK 11911712570 AIR FILTER (I SR59-A 16.92 ** TOTAL PARTS COUNTER Amount 10.89 4.61 16.14 21.45 8.04 18.83 11.27 23.35 16.92 131.50 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.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. SIGNATURE) ** SUBTOTAL 131.50 ** SALES TAX 7.89 X Charge Sale PAY THIS I AMOUNT $139.39 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP • GROFF TRACTOR & EQUIPMENT, INC. I 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State ege, PA. ta, PA. * New Stanton, PA.C* Valencia, PA. TRACTOR A EQ!//PMEW,, 111C. Ephra SOLD TO SHIP TO EA783P EARTH WORKS EXC WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 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/PMEW,, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC**CLB WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 / GROFF TRACTOR & EQUIPMENT, INC. 6779 CARLISLE PIKE 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 EA783P EARTH WORKS EXC**CLB WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 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, INC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC** QP-4 WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price Amount MEMO -MACHINE RUNS FOR ABOUT 3 MINUTES THEN SHUTS OFF TRAVEL TO CUSTOMERS JOB LOCATION AND CHECK PROBLEM WITH ROLLER SHUTTING OFF. START MACHINE TO RUN TEST AND CHECK. GOT MACHINE TO SHUT OFF WHEN REMOTE WASNT AIMED AT SENSORS. START UP AND RUN AROUND, COULDNT GET TO SHUT OFF ON ITS OWN. CHECK WIRING AND SENSORS CHECK OK. TALK TO CUSTOMER, CUSTOMER SAYS THAT REMOTE LIGHTS WOULD BLINK ''THEN MACHINE SHUT OFF. THIS POSSIBLY INDICATES THAT REMOTE BATTERY WAS DEFFECTIVE. REPLACE REMOTE BATTERY AND TEST, MACHINE SEEMS TO BE WORKING OK AT THIS TIME. TRAVEL BACK TO SHOP. SHOP PARTS SALE 06000 1 WAA 114781 BATTERY-7.2 SR70-D 164.34 164.34 OUST LABOR ** TOTAL OUST LABOR 467.40 SERV CALL CHARG 06000 64 SERVICE CALL MILEAGE 2.30 147.20 ENV FEE/MISC SU 06000 ENVIRONMENTAL/MISC SHOP SUPPLIES 37.39 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 816.33 ** SALES TAX 48.98 X Cash Sale PAY THIS I AMOUNT $865.31 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR PACKING SLIP =0 f / GROFF TRACTOR & EQUIPMENT, INC. M IF 71 law 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 ?/ Mechanicsburg, PA. * State College, PA. TRACTOR & EQU/PMEW,, 1i1C. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC** QP-4 WAYNE PIPER I-QX-2 PO BOX 441 DILLSBURG, PA 17019 Tax D Qty Description -------------------------------* Price Amount MEMO -MACHINE SHUTS DOWN -CHECK EYE SENSOR AND WIRING TRAVEL TO JOB. CHECK UNIT FOUND FROZEN TO GROUND AND GROUND FROZEN AROUND DRUMS. CUSTOMER PICKED UNfT UP AND BROUGHT OUT OF MUD. TOOK AIR CHISEL AND GOT DRUMS FREED UP. WATCHED MACHINE AND SEEN EYE KEEPS SHUTTING OFF. WENT TO REPLACE EYE AND COULD NOT GET BOLT OUT. CUT OFF HEAD OF BOLT AND DRILL OUT, PUT REGULATOR BOLT AND LOCK NUT IN. INSTALLED NEW EYE AND RAN UNIT ALL OVER, DOES NOT SHUT OFF. VIBRATOR DOES NOT SHUT OFF LIKE IT WAS, MACHINE WORKS GOOD. RETURN TO SHOP. SHOP PARTS SALE 06000 1 WAA 150107 MODULE-IR R C'16-L2 652.14 652.14 SERVICE REWORK ** TOTAL SERVICE REWORK SERV CALL CHARG OOOOON 40 SERVICE CALL MILEAGE = N/A N/C' ENV FEE/MISC SU 00000 ENVIRONMENTAL/MISC SHOP SUPPLIES' 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.#: 23-1536479. PLEASE INDICATE INVOICE NUMBER WITH YOUR REMITTANCE. X ** SUBTOTAL 652.14 ** Cash Sale SALES TAX 39.13 PAY THIS AMOUNT 691.27 COPY DISTRIBUTION: ORIGINAL ACCOUNTS PAYABLE PSSR I GROFF TRACTOR & EQUIPMENT, INC. EL- 6779 CARLISLE PIKE MECHANICSBURG, PA. 17050 (717) 766.7671 FAX (717) 766.1580 Mechanicsburg, PA. * State College, PA. TRACTOR & EQUIPMENT, /NC. Ephrata, PA. * New Stanton, PA. * Valencia, PA. SOLD TO SHIP TO EA783P EARTH WORKS EXC**2 WAYNE PIPER PO BOX 441 DILLSBURG, PA 17019 ,4 % f TRACTOR & EQUIPMENT, INC. August 26, 2008 Earth Works Excavating Wayne Piper P.O. Box 441 Dillsburg, Pa. 17019 DISTRIBUTORS OF CONTRACTOR AND INDUSTRIAL EQUIPMENT Dear Earth Works Excavating You are hereby notified that your check # 1098 dated August 11, 2008 in the amount of $1873.30 (One Thousand Eight-Hundred Seventy- Three Dollars and thirty two cents), has been returned to us by Belco Community Credit Union. A copy of the check is enclosed We call to your attention Section 4105 of the Pennsylvania Crimes Code. Under this law you are presumed to have committed a crime if payment is refused by By your bank for insufficient funds and you do not pay the amount of the check within in ten days after receiving notice of that refusal. We request that you immediately forward a certified check, cashier's check or money order payable to Groff Tractor and Equipment in the amount of $1898.30 ($1873.30 to cover the check plus $25.00 insufficient funds check charge) to our address shown above. If you have not paid this amount by September 8, 2008 we intend to take further legal action. Sin ely, Clint L auget Credit and Collection Manager M EPNRATA STATE COLLEGE 6779 Carlisle Pike 44 Pleasant Valley Road 210 Rolling Ridge Road Mechanicsburg, PA 17050 Ephrata, PA 17522 Bellefonte, PA 16823 (717) 766-7671 (717) 738-0220 (614) 353.84W Far.: (717) 766-1580 Far.: (717) 738-4317 Fax: (814) 353.8403 VALENCW 1010 Pittsburgh Road Valencia, PA 16059 (724) 898-1535 Fax: (7241 898-1540 NEW STANTON Old Route 119 South New Stanton, PA 15672 (724) 755-0124 Fax: (7241 755-0126 • .i a 1 co 0 a 0" Er 1w s s a aev . r. tt.. ? I:. Postage $ -0 CertHbd Fee ? _ I O Mndwmrwm Reqdr O O (lcixloar?enwrrt?Requlred Total Postage & Fees $ ?l awd m TO ..0 or POBoxNa. ? 1? V. ? ID, a0 123 i r° ru w r? w. 0 X X a 133 -J ti r ti c r, < --? to oz ? ? ?_. Jwo-• 0"0 M 3 0(DM 0 (- an r?W 0). M wr0 7,c0D O Gloc? Ln 00 -Con 0*00 r :70M v -< cr an 0- Mac U)0 Pc a to [0223000181 08/13/2008 7100339211 0' 0 X. w RR - k W W O X O' O a 0 . 03 .[., W W ? Cl) lit. oan ; N ` ?• it - ?R - W ,air _ s.: .SM11MR fY.Rhw.. M?4aR..' rn Ia.a.N. ?. ?.r -. x .. ,. EXHIBIT "B" ? F®-17-2004 08:09A FROM: T0:755^_530 P.1 t s now cc cuu;D a s o Jr r, • CNN CAPWAL,)OMWMCIAL. MWOLVOM ACCOUNT APPLI""0M JL ua?c ' proff Trador & EquipmM9, tmc. C,.,r",,a„o„ a.& u» m.aw+ b(adm lcebur& PA 17050 ?tMT ? nn•awvnvw.....• •-- ApQpL/R MLAMM i1ilAlYr0Y01 - 4 4 I- 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. 0)1". Clint Llauget Credit & Collections Supervisor GROFF TRACTOR & EQUIPMENT, INC. Date: Q-V o, 2008 L- t c --t ` ?i GROFF TRACTOR & IN THE COURT OF COMMON PLEAS EQUIPMENT, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO: 2008-6077 V. CIVIL ACTION EARTH WORKS EXCAVATING, INC., a Pennsylvania Corporation and JURY TRIAL DEMANDED WAYNE W. PIPER, Defendants NOTICE OF STAY NOTICE IS HEREBY GIVEN that Earth Works Excavating, Inc. above-named Defendant has filed a Petition under Chapter 7 of the United States Bankruptcy Code to case number 08-03902 in the Bankruptcy Court for the Middle District of Pennsylvania. As a result thereof, the above-captioned action is stayed in regards to Defendant, Earth Works Excavating, until further Order of the United States Bankruptcy Court. Undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. COFF, P.C. Date: November 6, 2008 By: 380 M.''Kni Supreme Court ID No. 87365 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 Attorneys for Defendant 40 GROFF TRACTOR & EQUIPMENT, INC., Plaintiff V. EARTH WORKS EXCAVATING, INC., a Pennsylvania Corporation and WAYNE W. PIPER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-6077 CIVIL ACTION JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant, with the law firm of Cunningham & Chernicoff, P.C., hereby certify that a true and correct copy of the NOTICE OF STAY was served via electronic mail and/or first class mail to: Matthew A. McKnight, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 CUNNINGHAM & CHERNICOFF, P.C. By: Julieanne Ametrano 2320 North Second Street Harrisburg, PA 17110 Date: November 6, 2008 FAHome\KKNIGHT\DOCS\Earth Works Excavating\Groff Tractor & Equipment\Notice of Stay.wpd ?-? ?t??- -? • ?f - t , ,. om ?.: : .p ? ?„.; A?. w y,` - ?? i . . ti5 '?? ? , GROFF TRACTOR & EQUIPMENT, INC., Plaintiff V. EARTH WORKS EXCAVATING, INC., a Pennsylvania Corporation and WAYNE W. PIPER, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2008-6077 CIVIL ACTION JURY TRIAL DEMANDED ANSWER OF DEFENDANT WAYNE W. PIPER TO PLAINTIFF'S COMPLAINT AND NOW, comes the Defendant, Wayne W. Piper, by and through his counsel, Cunningham & Chernicoff, P.C., who submits his Answer to Plaintiff s Complaint and in support thereof avers as follows: 1. Admitted upon belief. 2. Admitted. By way of further answer, Defendant Piper avers that Defendant Earth Works Excavating, Inc. has filed a Petition under Chapter 7 of the United States Bankruptcy Code to Case Number 08-03902 in the Bankruptcy Court for the Middle District of Pennsylvania. 3. Admitted. 4. Admitted. 5. Denied. It is specifically denied that Individual Defendant, Wayne W. Piper, ever held himself out to be in the business of professional excavation, individually. COUNT I - BREACH OF CONTRACT 6. Defendant hereby incorporates Paragraphs 1 through 5 as if fully set forth herein. 7. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. By way of further answer, this allegation is specifically denied in regards to Individual Defendant, Wayne W. Piper. It is specifically denied that Defendant Piper ordered or purchased any goods or services in his individual capacity. 8. This allegation refers to a writing which is the best evidence concerning the subject of such an averment. Any legal conclusions drawn from such writing, do not require a response. To the extent that a response is judically deemed to be required, it is specifically denied. 9. Admitted in part and denied in part. It is admitted that invoices were delivered to Defendants. The remaining portions of this allegation refer to writings which are the best evidence concerning the subject of such an averment. Legal conclusions drawn by Plaintiff on such writings do not require a response. To the extent that a response is judically deemed to be required, it is specifically denied. 10. Admitted. It. Denied. It is specifically denied that Individual Defendant, Wayne W. Piper, purchased and/or received any merchandise, labor or services from Plaintiff in his individual capacity. 12. Denied. It is specifically denied that Individual Defendant, Wayne W. Piper, purchased and/or received any merchandise, labor or services from Plaintiff in his individual capacity. By way of further answer, the remaining allegations set forth in this Paragraph are legal conclusions to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. 13. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. 14. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. 15. Denied as stated. While it is admitted that Plaintiff has made demands for payment that Defendant has refused, whether such alleged amounts are actually due and owing is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. WHEREFORE, Defendant, Wayne W. Piper, hereby respectfully requests that this Honorable Court dismiss Plaintiffs Complaint with prejudice and grant Defendant such further relief as is just and proper. COUNT II - UNJUST ENRICHMENT 16. Defendant hereby incorporates Paragraphs 1 through 15 as if fully set forth herein. 17. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. By way of further answer, it is specifically denied that Individual Defendant, Wayne W. Piper, purchased and/or received any equipment parts, equipment rentals, equipment delivery and equipment repair services from Plaintiff in his individual capacity. 18. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. By way of further answer, it is specifically denied that Individual Defendant, Wayne W. Piper, purchased and/or received any equipment parts, equipment rentals, equipment delivery and equipment repair services from plaintiff in his individual capacity. 19. Denied as stated. While it is admitted that Plaintiff has made demands for payment that Defendant has refused, whether such alleged amounts are actually due and owing is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. 20. Denied. This allegation is a conclusion of law to which no response is required. To the extent that a response is judically deemed to be required, it is specifically denied. By way of further answer, it is specifically denied that Individual Defendant, Wayne W. Piper, purchased and/or received any equipment parts, equipment rentals, equipment delivery and equipment repair services from plaintiff in his individual capacity. WHEREFORE, Defendant, Wayne W. Piper, hereby respectfully requests that this Honorable Court dismiss Plaintiff s Complaint with prejudice and grant Defendant such further relief as is just and proper. Kelly M. Knight, Esquire PA Supreme Court ID #87365 2320 North Front Street Harrisburg, PA 17110 Date: December 3, 2008 Telephone: (717) 238-6570 Respectfully submitted, VERIFICATION I, Wayne W, Piper, verify that the statements made in the foregoing ANSWER TO PLAINTIFF'S COMPLAINT are true and correct to the best of my knowledge, 'information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unswom falsification to authorities. Date: Wayne' W. Piper CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chernicoff, P.C. hereby certifies that a copy of the ANSWER OF DEFENDANT, WAYNE W. PIPER, TO PLAINTIFF'S COMPLAINT will be served by first class U.S. Mail and/or electronic means on the following parties indicated: Matthew A. McKnight, Esquire Irwin & McKnight West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 CUNNINGHAM & CHERNICOFF, P.C. Date: December 3, 2008 By: Julieanne Ametrano SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06077 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROFF TRACTOR & EQUIPMENT INC VS EARTH WORKS EXCAVATING 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 PIPER WAYNE W but was unable to locate Them deputized the sheriff of FRANKLIN serve the within COMPLAINT & NOTTCR County, Pennsylvania, to On April 29th , 2009 , this office wasno?-inreceipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 Franklin County 100.00 .00 116.00 10/15/2008 MARCUS MCKNIGHT Sworn and subscribe to before me this day of A. D. , to wit: in his bailiwick. He therefore ` , ' , i: x+? +J CJl ?? r_, O D C1 '0 Service unknown, Sheriff's Return from Franklin County not received as of this date. A letter was faxed to Franklin County on 1/22/09 checking on status of service to which no response was received. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06077 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROFF TRACTOR & EQUIPMENT INC VS EARTH WORKS EXCAVATING 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 EARTH WORKS EXCAVATING INC but was unable to locate Them deputized the sheriff of FRANKT,TN in his bailiwick serve the within COMPT ATNT F, NTnTTrr1.' to wit: He therefore County, Pennsylvania, to On April 29th , 2009 , this office wasw+,,,receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 .00 .00 37.00 10/15/2008 MARCUS MCKNIGHT So R.' T S lx? r Sworn and subscribe to before me this day of A. D. Fnas xl7ne ? --- f of Cumberland Coun 6y =3 c5 ? -n Z Gr: -C m rr- ? m ? -; CD Service unknown, Sher,-Ff's Return from Franklin County not received as of this date. A letter was faxed to Franklin County on 1/22/09 checking on status of service to which no response was received. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-06077 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GROFF TRACTOR & EQUIPMENT INC VS EARTH WORKS EXCAVATING INC Amended RONNY R. ANDERSON 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: EARTH WORKS EXCAVATII~IG INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT & NOTICE On September 15th 2010 this office was in receipt of the attached return from FRANKLIN Sheriff ' g Costs : So ans ' s ~~ /~ Docketin . 00 r`te'." !O.~ Out of County .00 ~ Surcharge .00 .00 Sheriff of Cumberland County 00/00/0000 Sworn and subscribe to before me this day of A.D. G _~ ~ -i ~~ r c,~ ~ --~ ` ~~ ~ r 1(~'~~ G! C.Ti ~'' {T 7 - ~ : ? ~. t __,~~ -~i ` ~ ~j ~~` ~ ~~~ 1~> -~ ~ :.~ ~ ~~ --< -, , '~ SHERIFF'S RETURN - REGULAR CASE NO: 2008-00246 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN GROFF TRACTOR AND EQUIPMENT VS EARTH WORKS EXCAVATING ET AL MICHAEL COX Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon WAYNE W PIPER T/A EARTH WORKS EXCAVATING INC the DEFENDANT at 0010:05 Hour, on the 3rd day of November 2008 at 380 STRICKLER AVENUE WAYNESBORO, PA 17268 by handing to TAT TTTT L~ T)T T]L~D TT CST TT1 Z~T~T1U Ti'CC a true and attested copy of COMP CIVIL ACTION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So Answers: MICHAEL COX By ~~~~ Deputy Sheriff 01/12/2009 CUMBERLAND CO SHERIFF OFFICE Sworn and Subscribed to before me this (~-~-~ day of C~ ~ A.D., ,J ~ ~ f'"~ Notary ~, COMMONWEALTH OF PENNSYLVANfA NOTARIAL SEAL RICHARD D. McCARTY, Notary Public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 20t 1 GROFF TRACTOR & EQUIPMENT, INC. vs Case No. 2008 — 6077 EARTH WORKS EXCAVATING and WAYNE W. PIPER Statement of Intention to Proceed To the Court: ,u GROFF TRACTOR & EQUIPMENT, INC. intends to proceed with the above capti eaanatteri PLAINTIFF -< Print Name MATTHEW A. McKNIGHT Sign Name r -- Date: OCTOBER 21, 2013 Attorney for GROFF TRACTOR & EQUIPME , INC.. PLAINTIFF Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b)has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2.