HomeMy WebLinkAbout09-1385
D.L. GRIFFEY HAULING, LLC,
Plaintiff,
V.
STREETS OF GOLD PAVING, LLC,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL TERM NO: Dq - I3$5 CtVt-( (err
: CIVIL ACTION -LAW
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims
set forth in the following pages, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL AND INFORMATION SERVICE
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AVISO
Le han demandado a usted en la corte. Si usted quieie defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de
la demands y la notificacion. Usted debe presentar una apariencia escrita o en persoa o por
abogado y archivar en al corte enforma escrita sus defensas o sus objections a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
entrar una Orden contra usted sin previo aviso o notificacion y por cualguier queja o alivio que es
pedido en al peticion de demanda. Usted puede perder dinero o sus propiedades o ostros
derechos importanted para usted.
LLEVE ESTA DEMADA A UN ABOGADO INMEDIATAMENTE, SI NO
TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR
TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA
OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A
VERIGUAR DONDE SE PUEDE COSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
LAWYER REFERRAL AND INFORMATION SERVICE
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
VM"atthew E. Hamlin, Esquire
PERSUN & HEIM, P.C.
Attorney I.D. No. 86142
P.O. Box 659
1700 Bent Creek Boulevard
Suite 160
Mechanicsburg, PA 17055-0659
Telephone: (717) 620-2440
Attorneys for Plaintiff
D.L. GRIFFEY HAULING, LLC,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
STREETS OF GOLD PAVING, LLC,
CIVIL TERM NO: 9g' 13 P!
: CIVIL ACTION - LAW
Defendant. JURY TRIAL DEMANDED
COMPLAINT
Parties and Venue
AND NOW comes Plaintiff, D.L. Griffey Hauling, LLC, by and through its attorneys,
Persun & Heim, P.C., files this Complaint and avers:
1. Plaintiff, D.L. Griffey Hauling, LLC (hereinafter "Plaintiff'), is a Pennsylvania
limited liability company with its principal place of business located at 705 Mt. Rock Road,
Carlisle, Pennsylvania 17015.
2. Defendant, Streets of Gold Paving, LLC, is a Pennsylvania limited liability
company with its principal business located at 20 East Burd Street, Shippensburg, Pennsylvania
17257.
3. Upon information and belief, Defendant is engaged in the business of commercial
paving in South Central Pennsylvania
4. Upon information and belief, Defendant's principal office is located in
Cumberland County, Pennsylvania.
5. A substantial portion of the hauling services rendered by Plaintiff to Defendant
that is the subject of this action occurred in Cumberland County, Pennsylvania.
6. The instant causes of action arose in Cumberland County and a substantial part of
the business transactions and occurrences at issue herein took place in Cumberland County,
Pennsylvania.
7. Venue is proper in this Court since Defendant regularly conducts business in
Cumberland County, Pennsylvania, the parties' principal business offices are located in
Cumberland County and the causes of action set forth herein arose out of business transactions
and occurrences between Plaintiff and Defendant that substantially occurred in Cumberland
County, Pennsylvania.
Background Facts
8. Between the period of October 6, 2008 through December 9, 2008, Plaintiff was
requested by Defendant under an oral contract to provide hauling services to transport paving
materials to various commercial projects in South Central, Pennsylvania.
2
9. During the foregoing time period and in accordance with the parties' contract, and
past practices and course of dealings, Plaintiff provided such hauling services to Defendant with
such services totaling $46,859.51.
10. Plaintiff periodically issued invoices to Defendant for those hauling services,
copies of the Invoices Nos. 1015-1023 are attached hereto, collectively, as Exhibit "A".
11. On February 9, 2009, Plaintiff issued a statement on account to Defendant in the
amount of $46,859.51. A copy of Plaintiff's statement on account, dated February 9, 2009, is
attached hereto as Exhibit "B".
12. In response to the issuance of statement on account, Defendant did not object to
the statement on account, but rather, the counsel for one of the members of Defendant
transmitted a letter to Plaintiff acknowledging the claim against Defendant for materials supplied
and receipt of that claim. A copy of counsel's letter, dated February 25, 2009, is attached hereto
as Exhibit "C".
COUNTI
Breach of Contract Against Defendant
13. The averments of paragraphs 1 through 12 are incorporated herein by reference as
if fully set forth.
14. Plaintiffs charges for hauling services were fair and reasonable and in accordance
with the parties' oral contract, and past practices and course of dealings.
15. Plaintiff satisfactorily performed all of its obligations and duties under the oral
contract.
16. Defendant agreed to pay for Plaintiff s services as invoiced herein.
3
17. As of the date of this Complaint and notwithstanding Plaintiff's transmittal of
written invoices and account statement, Defendant has failed to tender payment in full for the
balance for services owed totaling $46,859.51.
18. By failing to pay the invoices, Defendant has materially breached the contract
with Plaintiff to Plaintiff's damage and detriment.
WHEREFORE, Plaintiff, D.L. Griffey Hauling, LLC, prays for judgment against
Defendant, Streets of Gold Paving, LLC, for the amount of Forty-Six Thousand Eight Hundred
Fifty-Nine and 51/100''s Dollars ($46,859.51), being the total owed as set forth, together with
costs of this action, interest, and such other relief as this Court deems just and proper.
COUNT II
Uniust Enrichment Against Defendant
19. The averments of paragraphs 1 through 7 and 9-12 are incorporated herein by
reference as if fully set forth.
20. Plaintiff's charges for its services were fair and reasonable and in keeping with
rates charged in the field of hauling materials and in accordance with the parties' past practices
and course of dealings.
21. As of the date of this Complaint, Defendant has failed to make payment in full for
the services rendered for Defendant's benefit.
22. Defendant has been unjustly enriched in the form of hauling services provided by
Plaintiff for Defendant and the Defendant has not paid for such services.
WHEREFORE, Plaintiff, D.L. Griffey Hauling, LLC, prays for judgment against
Defendant, Streets of Gold Paving, LLC, for the amount of Forty-Six Thousand Eight Hundred
4
Fifty-Nine and 51/100hs Dollars ($46,859.51), being the total owed as set forth, together with
costs of this action, interest, and such other relief as this Court deems just and proper.
COUNT III
Account Stated Against Defendant
23. The averments of paragraphs 1 through 22 are incorporated herein by reference as
if fully set forth.
24. Plaintiff invoiced Defendant on a monthly basis during the period of October, 20
2008 through December 30, 2008 for unpaid services rendered on the Project.
25. On February 9, 2009, Plaintiff rendered to Defendant a statement on account for
outstanding amounts owed by Defendant for the material hauling services.
26. Plaintiff's invoices and statement on account were rendered in writing, examined
and accepted by both parties without objection.
27. Since October 20, 2008 through the date of this Complaint, Defendant has not
objected to either the invoices or the statement on account for hauling services rendered by
Plaintiff to Defendant.
28. By reason of the foregoing, Defendant impliedly agreed and acquiesced in the
correctness of the account stated with an overdue outstanding balance of $46,859.51 as of
February 9, 2009.
WHEREFORE, Plaintiff, D.L. Griffey Hauling, LLC, prays for judgment against
Defendant, Streets of Gold Paving, LLC, for Forty-Six Thousand Eight Hundred Fifty-Nine and
51/100?'s Dollars ($46,859.51), being the total principal owed as set forth in the account stated,
together with costs of this action, interest, and such other relief as this Court deems just and
proper.
Respectfully submitted,
PERSUN & HEIM, P.C.
By: h6pw 44--k'
Matthew E. H ' , Esquire
Supreme Court I.D. No. 86142
P. O. Box 659
1700 Bent Creek Boulevard
Suite 160
Mechanicsburg, PA 17055-0659
(717) 620-2440 - Phone
(717) 620-2442 - Fax
Attorneys for Plaintiff,
D.L. Griffey Hauling, LLC
Dated: March 2, 2009
6
VERIFICATION
I, Dylan L. Griffey, President of D.L. Griffey Hauling, LLC, have read the
Complaint and verify that the facts set forth herein are true and correct to the best of my
knowledge, information and belief. To the extent that the Complaint and/or its language are that
of counsel, I have relied upon counsel in making this Verification. I understand that any false
statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
Dated:
Dylan. Gri
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 226-0655
INVOICE: 1015
DATE 10/20108
TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DATE TRUCK 0 LOADS TONAL RATEITON WAIT TIME `HARGE TOTAL
1016108 P-055 3 69.17 $6.40 $178.00 $442.69 $620.69
P-941 3 69.04 $6.40 $178.00 $441.86 $619.86
981 3 73.51 $6.40 $215.00 $470.46 $685.46
982 3 74.06 $6.40 $155.83 $473.98 $629.81
987 3 69.95 $6.40 $129.25 $447.68 $576.93
988 3 70.85 $6.40 $125.58 $453.44 $579.02
10/7/08 P-055 4 92.42 $6.40 $173.00 $591.49 $764.49
P-941 3 69.55 $6.40 $173.00 $445.12 $618.12
981 3 74.16 $6.40 $176.91 $474.62 $651.53
982 3 74.14 $6.40 $184.25 $474.50 $658.75
987 3 71.17 $6.40 $159.50 $455.48 $614.98
988 2 47.55 $6.40 $87.08 $304.32 $391.40
10/8/08 P-033 4 95.18 $6.40 $80.00 $609.15 $689.15
P-055 4 91.95 $6.40 $80.00 $588.48 $668.48
P-941 4 92.02 $6.40 $80.00 $588.93 $668.93
P-074 3 64.39 $6.40 $80.00 $412.10 $492.10
P-188 3 64.41 $6.40 $80.00 $412.22 $492.22
987 4 94.12 $6.40 $79.74 $602.37 $682.11
SUB. TOTAL $11,104.03
MINIMUM HAUL TONAGE 18 TON
Pagel.
1
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 226-0655
INVOICE: 1015
DATE 10/20/08 TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DATE TRUCK 1I QM TONAL RA O WAR TIME t? A
10/9/08 P-603 2 44.05 $6.40 $27.50 $281.92
P-941 2 46.01 $6.40 $27.50 $294.46
P-188 2 40.98 $6.40 $27.50 $262.27
987 2 47.00 $6.40 $22.91 $300.80
987 2 40.86 $3.40 $119.16 $138.92
10/10/08 888 1 23.52 $4.00 $12823 WAS
988 2 47.43 $6.40 $189.75 $303.55
987 1 23.39 $4.00 $128.33 $93.56
987 2 46.80 $6.40 $114.50 $299.52
981 2 48.03 $6.40 $352.90 $307.39
982 2 49.23 $6.40 $375.60 $315.07
1004 1 18.38 $4.00 $150.00 $73.44
P-941 2 46.35 $6.40 $64.16 $296.64
P-188 2 46.32 $6.40 $192.00 $296.45
1 St. PAGE SUB. TOTAL
GRAND TOTAL
MINIMUM HAUL TONAGE 18 TON
TOTAL
$309.42
$321.96
$289.77
$323.71
$258.08
;222.41
$493.30
$221.89
,$414.02
$660.29
$690.67
$223.44
$360.80
$488.45
5,278.21
$11,104.03
$16,382.24
pa"A
. ? a
Sheet/
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 22640655
INVOICE: 1016
DATE 10127/08 TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DATE TRUCK 0 LOADS TONAGE 66-TEITQN WAIT TIME HICHARGE
10/13/08 982 2 37.47 $6.40 $100.80 $243.01
997 1 19.94 $6.40 $187.91 $127.62
10/14/08 981 2 49.40 $6.40 $187.85 $316.16
982 2 49.50 $6.40 $224.50 $316.80
988 1 23.54 $6.40 $178.75 $150.66
997 2 49.02 $6.40 $201.65 $313.73
10/15/08 981 2 44.86 $6.40 $432.50 $287.10
982 1 24.78 $6.40 $131.25 $158.59
988 2 43.50 $6.40 $349.00 $278.40
10/16/08 982 2 49.45 $6.40 $252.00 $316.48
987 3 70.91 $6.40 $288.65 $453.82
988 2 47.34 $6.40 $192.40 $302.98
997 2 49.60 $6.40 $230.98 $317.44
998 2 47.97 $6.40 $210.75 $307.00
981 3 74.42 $6.40 $284.11 $476.29
10/17/08 981 1 24.70 $6.40 $132.90 $158.08
982 2 49.63 $6.40 $220.00 $317.63
987 2 47.15 $6.40 $256.60 $301.76
988 1 23.44 $6.40 $128.30 $150.02
997 2 49.40 $6.40 $177.80 $316.16
998 2 48.23 $6.40 $210.80 $308.67
GRAND TOTAL
MINIMUM HAUL TONAGE 18 TON
TOTAL
$343.81
$315.53
$504.01
$541.30
$329.41
$515.38
$719.60
$309.84
$627.40
$568.48
$742.47
$495.38
$548.42
$517.75
$760.40
$290.98
$537.63
$558.36
$278.32
$493.96
$519.47
$10,517.90
Page 1
ShwH
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 226-0655
INVOICE: 1017
DATE 1116108 TERMS 30 MAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DATE TRUCK 0 LOAD$ TON RATEITO N WAIT TIME /C R TOTAL
10/17/08 988 1 23.37 $6.40 $128.00 $149.57 4 0t77.5j"
10/20/08 982 2 49.64 $6.40 $274.95 $317.70 $592.65
987 2 47.29 $6.40 $206.25 $302.66 $508.91
997 2 49.09 $6.40 $135.60 $314.18 $449.78
998 2 47.99 $6.40 $224.55 $307.14 $531.69
10/21/08 981 1 24.79 $6.40 $169.50 $158.66 $328.16
982 1 24.75 $6.40 $256.50 $158.40 $414.90
10/22/08 981 4 99.00 $6.40 $146.65 $633.60 $780.25
982 4 98.93 $6.40 $137.45 $633.15 $770.60
988 3 71.18 $6.40 $179.50 $455.55 $635.05
997 3 73.56 $6.40 $223.73 $470.78 14104 4.*s 1
998 3 72.03 $6.40 $160.40 $460.99 $621.39
10/23/08 1981 2 49.26 $6.40 $164.00 $315.26 $479.26
982 2 49.61 $6.40 $168.90 $317.50 $486.40
987 2 47.32 $6.40 $208.90 $302.85 $511.75
997 2 49.08 $6.40 $132.00 $314.11 $446.11
10/24/08 981 2 49.57 $6.40 $234.60 $317.25 $551.85
982 1 24.63 $6.40 $183.00 $157.63 $340.63
988 2 47.25 $6.40 $251.00 $302.40 $553.40
997 1 24.58 $6.40 $184.25 $157.31 $341.56
997 1 18.00 $3.50 $43.00 $63.00 $106.00
GRAND TOTAL I (), Y.-Q,V a
MINIMUM HAUL TONAGE 18 TON
Page 1
Shm"
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 226-0655
INVOICE: 1018
DATE 11/11/08 TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DATE TRUCK LOADS TONAGE HAMM WAIT TIME H CHARGE
10/27/08 981 1 18.00 $3.50 $116.00 $63.00
981 1 18.00 $3.50 $36.80 $63.00
981 1 18.00 $3.50 $41.00 $63.00
10/30/08 981 1 18.83 $3.50 $78.00 $65.91
981 1 24.54 $3.50 $105.50 $85.89
10/31/08 982 1 23.93 $3.50 $467.00 $83.76
TOTAL
MINIMUM HAUL TONAGE 18 TON
TOTAL
$179.00
$99.80
$104.00
$143.91
$191.39
$550.76
$1,268.86
Page 1
"*N /
u1. xTl
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 226-0655
INVOICE 1019
DATE 11/17/08 TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DATE TRUCK I LOADS TONAGE HOURS ? RATE *TWE GE TOTAL
11/3/08 981 3 65.43 $3.50 $390.00 $229.01 $619
01
982 3 71.59
LOCATION: C-BURG HOSPITAL $3.50 $276.50 $250.57 .
$527.07
11/4/08 P-941 1 5MIM. $72.54 $362
70
P-074 1 5MIM. $72.54
LOCATION: BETTEKER DEVELOPMENT - RACE
TRACK RD. .
$362.70
11008 981 1 23.87
LOCATION: SKI RUN RD. $4.00 $60.00 $95.48 $155.48
1117/08 981 3 67.53 $3.50 $210.50 $236.36 $446
86
982 2 49.27
988 1 $3.50 $83.00 $172.45 .
$255.45
23.46
LOCATION: NEWVILLE W/S PLANT $3.50 $284.00 $82.11 $366.11
TOTAL $3,095.38
MINIMUM HAUL TONAGE 18 TON
Page 1
Sheetl
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 22640655
INVOICE 1020
14- I•at
DATE TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DA E TRUCK s LOADS ,T RATE W-TNE IH&HAB.St?
11/5108 P-074 2 7.50 $72.54
P-188 1 6.00 $72.54
P-941 2 7.00 $72.54
LOCATION; CAROLL VALLEY-FAIRFIELD JOB
11/10/08 981 2 47.54 $4.50 $86.75 $213.95
982 1 23.7 $4.50 - $106.65
P-941 5.50 $72.54
LOCATION; ROLLING HILLS DEVELOPMENT
11/11/08 982 3 71.32 $3.50 $266.00 $249.62
LOCATION; F&M BANK, CHAMBERSBURG
11/14/08 981 1 23.68 $3.50 $55.00 $82.88
LOCATION; ROLLING HILLS DEVELOPMENT
11/14/08 981 1 18.00 $3.50 $155.83 $63.0
LOCATION; CHAMBERSBURG TOWNHOUSE
TOTAL
$544.05
$435.24
$507.78
$300.68
$106.65
$398.97
$515.62
$137.88
$218.83
TOTAL $3,165.70
MINIMUM HAUL TONAGE 18 TON
Page 1
l
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 22640655
INVOICE 1021
DATE 1212108 TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. SURD STREET
SHIPPENSBURG, PA. 17257
DATE MM 0 L OADS 19-M" H OURS RTE w TWE H-CHARGE TOTAL
11/20/08 981 3 66.93 $4.50 $151.00 $301.19 $452.19
982 3 72.43 $4.50 $148.00 $325.94 $473.94
988 1 23.31 $4.50 $41.00 $104.90 $145.90
997 2 48.60 $4.50 $127.00 $218.70 $345.70.
998 2 41.84 $4.50 $151.00 $188.28 $33928
LOCATION; SHADY GROVE, PA. (BLACKTOP)
11/21/08 981-DL 9 209.58 $2.10 $440.12 $440.12
982 2 44.59 $2.10 $93.64 $93.48
988-GJ 4 91.18 $2.10 $191.48 $191.48
997 2 45.20 $2.10 $94.92 $94.92
LOCATION: TACO BELL/KFC (2A MOD. STONE)
TOTAL
'?as77.o?
MINIMUM HAUL TONAGE 18 TON
Page 1
ShmH
D.L. GRIFFEY MAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 2264MM
INVOICE 1022
DATE 12/4/08 TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
DAB TRUCK 5 LOWS TONAGE HOURS RATE W-T? H-CHARGE
11/24/08 982 2 46.02 $2.10 $96.64
997 1 2226 $2.10 $46.75
LOCATION: TACO BELLIKFC (2A MOD.)
11/24/08 982 2 47.81 $4.50 $55.00 $215.15
997 2 47.83 $4.50 $114.00 $215.24
LOCATION: SHADY GROVE, PA. (BLACKTOP)
11/25/08 982 3 73.53 $3.75 $115.00 $275.74
988 4 94.21 $3.75 $120.00 $353.29
997 4 98.14 $3.75 $105.00 $368.03
863 4 91.62 $3.75 $124.00 $343.58
LOCATION: MECHANICSBURG, PA. (BLACKTOP)
11/26/08 982 1 24.59 $5.25 $119.00 $129.10
997 2 42.52 $5.25 $110.00 $223.23
LOCATION: BOILING SPRINGS, PA. (BLACKTOP)
11/26/08 982 1 23.82 $2.10 $50.02
LOCATION: TACO BELL/KFC (2A MOD.)
TOTAL
$96.64
$46.75
$270.15
$329.24
$390.74
$473.29
$473.03
$467.58
$248.10
$333.23
$50.02
TOTAL $3,178.77
MINIMUM HAUL TONAGE 18 TON
Page 1
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 216465$
INVOICE 1023
DATE 12/30/08 TERMS 30 DAYS
TO:
STREETS OF GOLD
20 E. BURD STREET
SHIPPENSBURG, PA. 17257
LOADS DATE TRUCK TONAGE HOU RS RATE WATIME H-CHAGE TOTAL
12/4/08 981 1 24.51 $6.00 $137.50 $147.06 $284.56
LOCATION; TACO BELL
12/9/08 981 1 24.44 $6.65 $165.00 $162.53 $327.53
LOCATION; STATE LINE JOB
TOTAL $612.08
MINIMUM HAUL TONAGE 18 TON
Page 1
IV
D.L. GRIFFEY HAULING, LLC
705 MT. ROCK ROAD
CARLISLE, PA. 17015
(717) 2264655
STREETS OF GOLD PAVING LLC FEBRUARY 9, 2009
20 EAST BURD STREET
SHIPPENSBURG, PA. 17257
DEAR SIR;
IF PAYMENT IS NOT MADE WITHIN 10 DAYS OF THE DATE OF THIS LETTER
OR A PAYMENT PLAN IS NOT AGREED TO WITHIN THIS TIME, i MUST
CONSIDER INITIATING LEGAL ACTION TO RECOVER THE OVERDUE PAYMENT.
I VALUE OUR WORKING RELATIONSHIP AND HOPE THAT THIS MATTER CAN
BE RESOLVED SOON WITHOUT LITIGATION.
INVOICE DATE TERM PAST DUE AMOUNT OWED MARTIN OTHER
1015 10/20/08 30 DAYS 79 DAYS $16,382.24 $16,382.24 .00
1016 10127/08 30 DAYS 72 DAYS $10,517.90 $10,517.90 .00
1017 .11/6/08 30 DAYS 63 DAYS $6,061.56 $6,061.56 .00
1018 11/11108 30 DAYS 53 DAYS $1,268.86 $921.15 $347.71
1019 11117/08 30 DAYS 51 DAYS $3,095.38 $1,146.08 $1,949.30
1020 12/1108 30 DAYS 36 DAYS $3,165.70 .00 $3,165.70
1021 12/2/08 30 DAYS 35 DAYS $2,577.01 $1,757.01 $820.00
1022 1214108 30 DAYS 33 DAYS $3,178.77 $2,985.36 $193.41
1023 12130108 30 DAYS 7 DAYS $612.09 .00 $612.09
TOTAL $46,859.51 $39,771.30 $7,088.21
SINCERELY
D.L.GRIFFEY HAULING LLC
Page 1
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Law Offices
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, Pennsylvania 17013
Robert L. O'Brien
David A. Baric
Michael A. Scherer
(717) 249-6873
Fax: (717) 249-5755
Email: mschererna obslaw co1n
February 25, 2009
D.L. Griffey Hauling, LLC
705 Mt. Rock Road
Carlisle, Pennsylvania 17015
RE: Streets of Gold Paving LLC
To whom it may concern:
Please be advised that I represent Mary Myers, a member of Streets of Gold
Paving, LLC (SOG). We understand that you have a claim against SOG for materials
supplied to SOG, and SOG acknowledges receipt of your claim.
The other member of SOG is Benjamin Musser, who is represented by Andrew J.
Benchoff, Esquire, of Kornfield and Benchoff, LLP, 17 North Church Street,
Waynesboro, Pennsylvania 17268.
An issue has arisen between the members of SOG wherein it has become
necessary to temporarily discontinue payments to creditors and vendors.
Disbursements will be made after the issue I am referring to has been resolved. Your
acknowledgment of this situation would be appreciated. Personal visits to SOG offices
located at 20 East Burd Street, Shippensburg, Pennsylvania will not serve to accelerate
this process and the staff at SOG offices has been instructed to defer telephonic
inquiries to counsel for Mr. Musser or undersigned counsel.
Thank you for your cooperation.
Very truly yours,
O'BRIEN, BARIC & SCHERER
U -
Michael A. Scherer
MAS/jl
cc: Andrew Benchoff, Esquire
Mary Myers
File
mas.dir/genlit/myers-greg&mary/griffeyhauling.ltr
C? co
Sheriffs Office of Cumberland County
R Thomas Kline 009 at cumbrr y? Edward L Schorpp
Sheriff Solicitor
gat }?,? ,?,_??;
Ronny R Anderson Jody S Smith
Chief Deputy of OF -HE S"ER«F Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
03111/2009 12:24 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 11,
2009 at 1224 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Streets of Gold Paving, LLC., by making known unto Benjamin R. Musser adult in
charge, at 20 East Burd Street, Shippensburg, Cumberland County, Pennsylvania its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $46.00 (PAID)
SO AN)S
March 13, 2009
R THOMAS KLINE, SHERIFF
Deputy Sheriff
Docket No. 2009-1385
D L Griffey Hauling LLC v Streets,of Gold Paving LLC
-_ -; C3
c?
Y i>
D.L. GRIFFEY HAULING, LLC, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 2009-1385 CIVIL TERM
STREETS OF GOLD PAVING, LLC CIVIL ACTION - LAW
Defe dant JURY TRIAL DEMANDED
TO THE PROTHONOTA
Please enter my a
LLC, in the above-captioi
Date: April 13, 2009
)pearance on behalf of the Defendant, Streets of Gold Paving,
ed matter.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
is ael A. Scherer, Esquire
I. D.# 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Defendant
CERTIFICATE OF SERVICE
I hereby certify that ion April 13, 2009, I, Amanda L. Bernhisel, secretary at O'Brien,
Baric & Scherer, did servo the Praecipe for Entry of Appearance, by first class U.S. mail,
postage prepaid, to the porty listed below, as follows:
Matthew E. Hamlin, Esquire
Bent Creek Boulevard, Suite 160
P.O. Box 659
hanicsburg, Pennsylvania 17055
Amanda L. Bernhisel
RGE
OF TsIc W TH&N TIARY
2009 APR 13 PH 4: 0 !
PrE pip . Y. V q;:
1 J°t1'i
OF THE PRA-iI Z TARY
2009 APP 13 PM 4: Q l
r NN,', I-VA NIA
D.L. GRIFFEY HAULING LLC,
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2009-1385 CIVIL TERM
STREETS OF GOLD PAYING, LLC CIVIL ACTION - LAW
Defe dant JURY TRIAL DEMANDED
ANSWER TO COMPLAINT
AND NOW,
Streets of Gold Paving, LLC, by and through its attorney,
Michael A. Scherer, Esq ire, and respectfully answers the complaint as follows:
1. - 5. Adm tted.
6. - 7. The Ilegations in paragraph six and paragraph seven of the
complaint are legal conclusions and as such no response is required.
8. Admitted.
9. Denied. The charges for plaintiffs services totaled $62,324.40 according
to the invoices attached to the complaint as "Exhibit A."
10.- 11
12. Admitted in part and denied in part. It is admitted that undersigned
counsel wrote a letter da d February 25, 2009 to plaintiff on behalf of one member of
the defendant LLC. The purpose of the letter was to request that plaintiff not inquire
about their claim to defendant's offices. It is denied that undersigned counsel wrote the
February 25, 2009 letter in reply to the receipt of a statement of account from plaintiff.
Undersigned counsel had never seen plaintiff's statement of account prior to seeing it
while reviewing plaintiffs complaint and as such, undersigned counsel's letter was not
an admission to plaintiff statement of account. To the contrary, undersigned counsel's
February 25, 2009 lette was simply an acknowledgement that defendant had received
a claim from plaintiff re uesting payment for services provided.
COUNT I
Breach of Contract Against Defendant
13. No response is required.
14. Denied The allegation in paragraph fourteen of the complaint is a legal
conclusion and as such no response is required.
15. Denied The allegation in paragraph fifteen of the complaint is a legal
conclusion and as s ch no response is required.
16. Denie . Plaintiffs allegation is not specific as to who, when, where or
how defendant agr ed to pay for plaintiffs services. If the allegation is that
undersigned couns I's letter of February 25, 2009 was an agreement to pay the sum
alleged to be owe , it is specifically denied that the letter was an agreement to pay the
sum alleged to be wed. To the extent plaintiff is alleging that an agreement to pay the
sum alleged to be owed occurred in some other manner, plaintiff has not plead the
allegation with su icient specificity to allow defendant to form a belief as to whether the
allegation is true nd proof is demanded at trial.
17. Ad itted.
18. De ied. The allegation in paragraph eighteen of the complaint is a legal
conclusion and s such no response is required.
WHERE ORE, defendant respectfully requests a more specific accounting of
the sums char 7d by plaintiff, the sums paid by defendant, the principal amount
allegedly owing to the pl intiff, the basis for claimed interest, and when, how and
through whom alleged t rms of agreement(s) were reached between the parties.
COUNT II
19. No respon a is required.
20. Denied. T e allegation in paragraph twenty of the complaint is a legal
conclusion and as such o response is required.
21. Admitted.
22. Denied. Th allegation in paragraph twenty-two of the complaint is a legal
conclusion and as such n response is required.
WHEREFO E, defendant respectfully requests a more specific
accounting of the sums c arged by plaintiff, the sums paid by defendant, the principal
amount allegedly owing t the plaintiff, the basis for claimed interest, and when, how
and through whom allege terms of agreement(s) were reached between the parties.
COUNT III
Account Stated Against Defendant
23. No respons is required.
24. - 27. Admi
28. Denied. The
legal conclusion and as su
allegation in paragraph twenty-eight of the complaint is a
;h no response is required.
WHEREFORE, defendant respectfully requests a more specific accounting of
the sums charged by plointiff, the sums paid by defendant, the principal amount
allegedly owing to the plointiff, the basis for claimed interest, and when, how and
through whom alleged torms of agreement(s) were reached between the parties.
Respectfully Submitted
Date: ? -13
O'BRIEN, BARIC & SCHERER
Mich e . Schere , Esquire
O'Brien, Baric & Scherer
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Defendant
VERIFICATION
The statements in the foregoing Answer of Defendant to Complaint are based
upon information which
language of the sta
extent that they are
true and correct to the
false statements herein
to unsworn falsifications
been assembled by my attorney in this litigation. The
is not my own. I have read the statements; and to the
upon information which I have given to my counsel, they are
of my knowledge, information and belief. I understand that
made subject to the penalties of 18 Pa.C.S. § 4904 relating
authorities.
Date: 411314poi
Mfiry M Ors, Stree of Gold Paving, LLC
CERTIFICATE OF SERVICE
I hereby certify that on April 13, 2009, I, Amanda L. Bernhisel, secretary at
O'Brien, Baric & Scherer, did serve the Answer of Defendant to Complaint, by first class
U.S. mail, postage prepaid, to the party listed below, as follows:
Matthew E. Hamlin, Esquire
1700 Bent Creek Boulevard, Suite 160
P.O. Box 659
Mechanicsburg, Pennsylvania 17055
x
Amanda L. Bernhisel
Fart=sup
OF THE PiRT T 'G TAPY
2009 APR 13 PM 4: G 1
CG1-. :>GivTY
NNSAV N
i
",
D.L. GRIFFEY HAULING, LLC,
Plaintiff
v.
STREETS OF GOLD PAVING, LLC
Defendant
3~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-1385 CIVIL TERM
CIVIL ACTION -LAW
JURY TRIAL DEMANDED
ORDER OF COURT
AND NOW, this
day of March, 2010, upon consideration of the within
Motion To Make Rule Absolute, Michael A. Scherer, Esquire, is granted permission to
withdraw as counsel for Defendant, Streets of Gold Paving, LLC.
BY THE COURT,
./Michael A. Scherer Es uire
q
Baric Scherer
19 West South Street
Carlisle, Pennsylvania 17013
/ Matthew E. Hamlin, Esquire
1700 Bent Creek Boulevard, Suite 160
Mechanicsburg, Pennsylvania 17055
~IVlary Myers
1149 Levi Lane
Chambersburg, Pennsylvania 17201
en Musser
22 Burd Street
Shippensburg, Pennsylvania 17257
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D.L. GRIFFEY HAULING, LLC,
Plaintiff
V.
STREETS OF GOLD PAVING, LLC
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENI~YL~NIA
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NO. 09-1385 CIVIL TERM -`~` ~~ ''`
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PRAECIPE FOR WITHDRAWAL OF COUNSEL
TO THE PROTHONOTARY:
Please note my withdrawal as counsel for Streets Of Gold Paving, LLC, Defendant in
the above-captioned action.
Respectfully submitted,
BARK SCHERER
Michael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Date: March 10, 2010
CERTIFICATE OF SERVICE
hereby certify that on March 10, 2010, I, Jennifer S. Lindsay, secretary at Baric
Scherer, did serve a copy of the Praecipe For Withdrawal Of Counsel, by first class U.S.
mail, postage prepaid, to the parties listed below, as follows:
Matthew E. Hamlin, Esquire
1700 Bent Creek Boulevard
Suite 160
Mechanicsburg, Pennsylvania 17055
Mary Myers
1149 Levi Lane
Chambersburg, Pennsylvania 17201
Ben Musser
22 Burd Street
Shippensburg, Pennsylvania 17257