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Home My WebLink About09-6063THIS IS AN ARBITRATION CASE. S5E55MS f OF NOT JAMES W. ADELMAN, ESQUIRE Mail@morrisadelman.com IDENTIFICATION #02604 MORRIS & ADELMAN, P.C. PO BOX 30477 Philadelphia PA 19103-8477 215/568-5621 PolyVision Corporation 3970 Johns Creek Ct S/325 Suwanee GA 30024 VS. Lyons Construction Services Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY . CIVIL DIVISION 5237 East Trindle Road Mechanicsburg, PA 17050 NO. ??- (PUPS C?ViCT,r'? COMPLAINT-CIVIL ACTION 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 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE SERVICE Cumberland County Bar Association 2 Liberty Av Carlisle PA 17013 717/249-3166 ATTORNEY FOR PLAINTIFF PolyVision Corporation JWA0830.2 1. Plaintiff is PolyVision Corporation. Defendant(s) is Lyons Construction Services Inc. COUNT I 2. At the oral request of Defendant(s), Plaintiff sold and delivered to Defendant(s) goods and merchandise, at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit "A". 3. Defendant(s) received and accepted the goods described in Exhibit "A". 4. The prices, including service and/or other charges, if any, which are set forth in Exhibit "A", are the fair, reasonable and market prices and the prices which Defendant(s) agreed to pay. 5. All credits, if any, to which Defendant(s) is entitled are set forth in Exhibit "A". 6. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $4,826.90 with interest at 6% from May 20, 2005 and costs on Count I. JWA0830.2 COUNT II 7. Paragraphs 1 through 6 are incorporated by reference. 8. On or before May 20, 2005, Plaintiff delivered goods to Defendant at the times, of the kinds, in the quantities, and for the prices set forth in Plaintiff's books of original entry, true and correct copies of which are shown as Exhibit "A". 9. Defendant received and accepted the goods shown on Exhibit "A", and benefitted thereby. 10. Defendant received the benefit of the goods from Plaintiff and it is unconscionable for Defendant to receive those benefits without making restitution to Plaintiff. 11. It can be inferred from the acts in the light of the surrounding circumstances that Defendant implied that it would pay Plaintiff for the goods. 12. Under the circumstances of the case, the ordinary course of dealing and the common understanding of man, there is shown a mutual intention by Plaintiff to sell and Defendant to pay for the goods. JWA0830.2 13. Under the circumstances, the goods were delivered to Defendant under an implied promise to pay. 14. All conditions precedent to the present action have occurred or been performed. 15. Defendant is liable to the Plaintiff in the sum of $4,826.90 under the theory of quantum valebant, quantum meruit, quasi contract, implied contract, goods had and received, and/or unjust enrichment. WHEREFORE, Plaintiff claims there is now justly due and owing by Defendant(s) the sum of $4,826.90 with interest at 6% from May 20, 2005 and costs on Count II. MORYS & AAELMAN, Pa. C. lq ? ES W. ADELMAN, ESQUIRE A torneys For Plaintiff Post Office Box 30477 Philadelphia PA 19103-8477 215/568-5621 JWA0830.2 From 215 568 2872 Page: 3/3 Date: 6/22/20091:37:40 PM V M. CATIDN o8E/1?" i? ksEiE?. states that he/she is & F D, of &Ity !//?P/o? 'P and that the faots set forth in the foregoing _ CQhf L are true and correct to the best of hWber personal kuowledge or ir6rmation and belief, and that this statement is made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated; ., 02/03/2009 TUE 12:10 FAX Finance Copier From: 7242542865 Page: 214 Date: 51231200512:04:36 PM M-Wd E3 05 111174a Lyans Construction 717 5065 1795 03.'20/2005 1300 fiAi 734i64R985 POLYTISION 450 mash Md P060,vto Raw Nmaedr. RaarQa 2D07: A 514WIVb v CcepaeM C mildeudsi Credit Application Nuw oC13"innax Vim bY1MNIA 04 M.Q. IF= MY Ship m Addms Y ?trtaY Wit" LP(alOE cOt 9rMMTNa CA rok aox M IYOSD Mail to AM- srn7a rsr RNN pax 170X im f ? 1 Tebsyhvtlo N=3ber , -111 -ra'4`'!• x'7'11 Number ofYew [ME - - - -s I t ?! rs FweNlmlber '7!'7?' ?D(e • ??'J' i fiaaail Address Types efi3aaia+l4x Coepaati/ra?tt Co-pastoGYSbiP d LjlTpted Patmeteltip Q ja?rridaal Liao of Rusincia (STC Cod+) L?t1 11f T0Td $stirnw1vd Nwa= v1sapl"'bs M2 Principal Owlets. ramety and( amcerr. .0,01 0h9Mi ,4,F A%b.1Vt RR NA}A8 w"s A ADPe EsdnmtedmoGEhly credit reyuircmeub ?.,.?a Eeduweed A.nauv1 Salta S YWAXCUL DATA c.,*at 33MI" as sheaR and Opwalk4 eran®snr av aohad. F]ioik Nam. ? Aco?t i+TO. L"1 ? I 0 (,?,??a << -+ '?.? ?+stg? Address s Ybooe No. 3 1"7 W?o•?s>??v InJi?la COhtm Do yon Mee safe Tax Exemption Ccoillosas? OWN Rl . If ycs, plersc attaoil a cbpy of Wo D+amante. 2005/007 lavux P.2 TEL724.2$44343 PAX 734454-205 DM 1051 .18 011/14Jea vesion I i 02103/2009 TUE 12:10 FAX Finarwe Copier 2006/007 f=rom: 7242542885 Page: 314 Date: 5123!200512:04:38 PM May 23 05 11:04- Loons Construction 717 506 1755 p,3 05/20/2405 1,}:00 FAX 7242442843 roLYVXS70i4 ipnua POLYV`S1'O W A 7Lta*UMw Caa<pmv Cen ti>ML CIVdIt Applivation (Ceatlaneel) MAM MFFMMCS9 Address Tel hone Fax tit VIA. PA pi. am a• 1 w 7 47 +?91 • 719.6??- -711 + p. +?? Y 0A 11 1 7f7• .. 4 0 7 rr credit rcgawn is ¦aeoetatod wiilr auiddividualProfeett o0lW&" tht th"ow V Fr4ject testae Address "Pti?ne" Coavaa dttect wt(h Owttict for laatallnidtt of PvlpViaon matartal. r] "Sq?•? traohmc to n Gaueeal Cot><raetorfetr iailtattation ogfo1YVia(on tr,qurial. SONl>Y GIVOORMA7'ON2 PrajnceSond07 S! ytg ? loo Q p r&M=M* DaadvO ? Paytnant 9vvAad7 if "Yes", please submit a copy offba bond. 'bonds laauld (A) 01" oue nmm w "Prime" comtwot. (g) [? is aa? al'(,yap?at contYaetD? far whic-Is wa ane "sub". (3allaol Cagwwtor Nam hddrets Wawa 4f89ndivs company (Per "A^ ar'Ba shove) ??r i tt?? g=,.,?? ?,,,e? S•? Addrsw e?e • ?i?0?1 f io t MGO (" O L O N Terra- atota towsO providc fw pbYWOmt of moved" (a) As delivered taXob wheasa Ugnisttitrned ] Yts CRIia (b) Sawed ap lyr*Xresa GE rYea 0 No (o) if not ca+Kred by (0) or (b) w indiCAM. we b@Ucve that our flan i< lInwm ially able m mace ony agnmNswin we any m*% and expect 14 pay Your invoiNa secawk g to yaw urns of Not 30 da7a. In *0 Ovaau Weac we f-Z to raxat yaw Came. we a to pay Rru.e1 c)ar`ea et the rata 9111% VwIrAb)y or on uvwal perren"o mco or 19% nn do mn aidbdsooe ofoli pact due iiwoiem due po)yViaien CoiposatkuL out tle3 02/03/2009 TUE 12:09 FAX Finance Copier 12004/007 PAGE: 1 PolyVision Corporation 3970 Johns Creek Court Suite 325 Suwanee, GA 30024 (678) 542-3100 G LEON X-3167 LYONS CONSTRUCTION SERVICES 5237 EAST TRINDLE ROAD MECHANICSBURG PA 17050 STATEMENT DATE: 01/28/09 SALESPERSON: House Account CUSTOMER NO.: 61-LYONSER --------------------------------- ---------------------- DATE REFERENCE DESCRIPTION CHARGE CREDIT BALANCE 12/15/04 6100702-IN 172-11 1 783.00 02/03/05 PAYMENT REF: 31827 704.70 78.30 05/20/05 6100790-IN 172-11 N/ APP 77,486.00 OV/06/05 PAYMENT REF: 33027 69,737.40 09/26/06 PAYMENT REF: 04-LYONSER 3,000.00 4,748.60 TOTAL: 4,826.90 ------------------------------------------------------ CURRENT 30 DAYS 60 DAYS 90 DAYS 120 DAYS BALANCE DUE -----------^---------------- - -----? --826-_90 .00 -- ---- .90 4,826.90 . 02/03/2009 TUE 12:09 PAX Finance Copier ***** INVOICE ***** SOLD TO: LYONS CONSTRUCTION SERVICES 5237 EAST TRINDLE ROAD MECHANICSBURG PA 17050 INVOICE NUMBER: INVOICE DATE: TAX SCHEDULE: JOB NUMBER: CUSTOMER NO: CUSTOMER P.O.: TERMS: 0002/007 6100790-IN 05/20/05 PAE 6100161 61-LYONSER 172-11 NET 30 DAYS SALES CD DESCRIPTION 104 Casework LAB Field Labor ANTIETAM MT PENN APP 2 JOB COMPLETE JOB NAME: ANTIETAM MT PENN/ APP 2 AMOUNT. 53,906.00 23,580.00 FREIGHT: .00 SALES TAX: .00 Remit Payment To: PolyVision Corporation INVOICE TOTAL 77,486.00 P.O. Box 409049 ATLANTA GA 30384-9049 RETENTION AMNT 7,748.60 ------------ 02/03/2009 TUB 12:09 FAX Finance Copier ***** INVOICE ***** SOLD TO: LYONS CONSTRUCTION SERVICES 5237 EAST TRINDLE ROAD MECHANICSBURG PA 17050 G SALES CD DESCRIPTION 104 Casework ANTIETAM 6100161 APP 1 PREVIOUS BILLED: $0 THIS BILLING: $783.00 TOTAL BILLED: $783.00 JOB NAME; ANTIETAM / APP 1 INVOICE NUMBER: INVOICE DATE: TAX SCHEDULE: JOB NUMBER: CUSTOMER NO: CUSTOMER P.O.: TERMS: 1@003/007 6100702-IN 12/15/04 PAE 6100161 61-LYONSER 172-11 NEW CUSTOMER/PENDIN AMOUNT 783.00 FREIGHT: .00 SALES TAX: .00 Remit Payment To: PolyVision Corporation INVOICE TOTAL: 783.00 P.O. Box 409049 ATLANTA GA 30384-9049 RETENTION AMNT 78.30 ------------ 0 `art, -r w VA9 SEP -4 Ph 2* Q2 pb K?v4w ?? 8 , 50 ? AtN ?,yt ?1, 0'i la 49 * a..3oa35 Sheriffs Office of Cumberland County R Thomas Kline FILEL1 U";°I(CF Sheriff ai'Cumbers OF THc" F ?I ?'? "?TRRY Ronny R Anderson Chief Deputy ? 2009 SEP 222 0110: q N s _ ? , Jody S Smith Civil Process Sergeant °FF`GE OF The sK£R FF ('U t ?.? Edward L Schorpp Solicitor Polyvision Corporation Case Number vs. 2009-6063 Lyons Construction Services, Inc. SHERIFF'S RETURN OF SERVICE 09/21/2009 02:48 PM - Bryan Ward, Sergeant, who being duly sworn according to law, states that on September 21, 2009 at 1448 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lyons Construction Services, Inc., by making known unto Barry Lyons, Owner at The Cumberland County Sheriffs Office 1 Courthouse Square Room 303 Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 September 21, 2009 SO ANSW RS F W 49tw R THOMAS KLINE, SHERIFF Serg t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA POLYVISION CORPORATION, ARBITRATION - CIVIL DIVISION Plaintiff, No. 09-6063 CIVIL TERM V. LYONS CONSTRUCTION SERVICES, INC. ANSWER AND NEW MATTER Defendant. NOTICE TO PLEAD: To: All Parties You are hereby notified to file a written response to the within New Matter within twenty (20) days from service hereof or a Filed on Behalf of Pro Se Defendant judgment may be entered against you. Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17050-3552 Barry T. Lyons, President (717) 697-3771 Lyons Construction Services, Inc. (717) 697-1795 (Facsimile) IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA POLYVISION CORPORATION, Plaintiff, ARBITRATION - CIVIL DIVISION No. 09-6063 CIVIL TERM V. LYONS CONSTRUCTION SERVICES, INC ANSWER AND NEW MATTER Defendant. ANSWER AND NEW MATTER Defendant Lyons Construction Services, Inc. ("Lyons") files the following Answer and New Matter to the Polyvision Corporation's ("Polyvision") Complaint-Civil Action. 1. Admitted. COUNTI 2. Admitted in part and denied in part. It is admitted that Polyvision provided goods and services to Lyons. It is denied that the work and materials provided were provided pursuant to an oral contract. To the contrary, all work and materials provided by Polyvision were provided pursuant to a written agreement. 3. These allegations constitute legal conclusions to which no response is required. 4. These allegations constitute legal conclusions to which no response is required. Further, upon reasonable investigation, Lyons is without the information necessary to confirm or deny these allegations. As such, these allegations are denied. 5. These allegations constitute legal conclusions to which no response is required. To the extent further response is required, Lyons denies that all credits to which it is entitled are set forth in Exhibit A to the Complaint. To the contrary, Lyons is entitled to further credits as setoff for overpayment to Polyvision on a prior project. 6. The allegations constitute legal conclusions to which no response is required. To the extent further response is required, the allegations are denied as stated. Lyons denies that it has failed to make any payments due to Polyvision. CO II 7. Lyons incorporates all foregoing paragraphs by reference. 8. Lyons lacks sufficient information to verify the authenticity of the document attached as Exhibit 1, or to verify the truth or falsity of the allegations based thereon. This allegation is therefore denied and strict proof demanded. 9. These allegations constitute legal conclusions to which no response is required. 10. These allegations constitute legal conclusions to which no response is required. To the extent further response is required, Lyons denies that it received the benefit of goods from Polyvision without restitution. To the contrary, Lyons has paid Polyvision in full for all services and materials provided by Polyvision to Lyons. By way of further response, the amounts demanded by Polyvision include sums for which Lyons has properly denied payment due to Polyvision's breach of its obligations on a separate project, for certain work performed at the Alburtis Elementary School, on which project Polyvision was paid in full. Specifically, Lyons gave Polyvision notice of a defect in its work and, despite due and seasonable demand that Polyvision correct the deficiency, Polyvision neglected, failed and refused to correct its work as a consequence of which the project owner withheld payment to Lyons for Polyvision's work. The Owner's withholding of payment entitled Lyons to reimbursement by Polyvision for the overpayment to Polyvision, which overpayment Polyvision has neglected, failed and refused to return to Lyons. 11. These allegations constitute legal conclusions to which no response is required. To the extent further response is required, Lyons denies that anything can be inferred or implied from the acts and circumstances set forth in Polyvision's Complaint. 12. These allegations constitute legal conclusions to which no response is required. 13. These allegations constitute legal conclusions to which no response is required. 14. These allegations constitute legal conclusions to which no response is required. 15. These allegations constitute legal conclusions to which no response is required. To the extent further response is required, Lyons denies that it is liable to Polyvision under any of the legal theories set forth in Polyvision's Complaint. NEW MATTER 16. Lyons incorporates all factual allegations and denials made in the foregoing paragraphs 1 through 15 as if set forth at length herein. 17. Polyvision's claims are barred, in part or in full, by the doctrine of setoff. Such setoff relates to Polyvision's breach of its obligations for work performed at Alburtis Elementary School and Lyons' overpayment to Polyvision for the work performed on that project, which payment has been wrongfully retained by Polyvision. 18. Polyvision's claims are barred, in part or in full, by the doctrine of justification. 19. Polyvision's claims are barred, in part or in full, by the doctrine of estoppel. 20. Polyvision's claims are barred, in part or in full, by the doctrine of unclean hands. 21. Polyvision's claims are barred, in part or in full, by the doctrine of payment. 22. Polyvision's claims are barred, in part or in full, by the applicable statute of limitations. WHEREFORE, Defendant Lyons Construction Services prays for judgment in its favor and against the Plaintiff, together with all costs of these proceedings and such other and further relief as may be warranted. Respectfully submitted, ar'.? 4 Barry T yons, sident Lyons Construction Services, Inc. 5237 East Trindle Road Mechanicsburg, PA 17050-3552 (717) 697-3771 (717) 697-1795 (Facsimile) VERIFICATION I hereby certify that the foregoing averments are true and correct to the best of my knowledge, information and belief. I understand that the foregoing statements are made subject to the applicable penalty for unworn falsification to authorities. Barry T. CERTIFICATE OF SERVICE I certify that on this aLL day of November, 2009, a true copy of the foregoing was served on all counsel of record by U.S. mail, postage prepaid, addressed as follows: James W. Adelman PO Box 30477 Philadelphia, PA 19103-8477 Barry T yons OF 7HEE P PT11 ;HONOTAPY 2009 NOY 25 Fl 1: 4 b ~la~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) C3 0 ------------ C CAPTION OF CASE (entire caption must be stated in full) POLYVISION CORPORATION vs. LYONS CONSTRIICTION SERVICES INC. tt~' e~ I~ M1 A rt? ~- - r~ _:'': ~ ~.~ ~ c ~ ~a r_ ~~ -- `~~ 7a• ~~ -t ~ No. 09-6063 Term ~i~ r11 ~ '- [7~ -~-s m -C 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, eta .): Plaintiff s Preliminary Objections to Pro Se Defendant Corporation's Answer and New Matter 2. Identify all counsel who will argue cases: (a) for plaintiffs: JAMES W ADELMAN, ESQ 1920 Chestnut St S/300, Phila., PA 19103 (Name and Address) (b) for defendants: (Name and Address) 3. arg~ 4. Print your name POLYVISION CORPORATION Attorney for Plaintiff Date: ~ ~~ INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. I will notify all parties in writing within two days that this case has been listed for QF SUM :avid:. Buell k <9, Wenee IC Simpson Prothonotary o : ;., Z IS` Deputy Prothonotary • � �irkS. Sofionage, ESQ �_ �< Irene E. Morrow Solicitor t 7 s o 211d.(Deputy Prothonotary Office of the Prothonotary Cumberland County, Pennsylvania 69 -Lv103 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291" DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE—THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ea.K(717)240-6573