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Home My WebLink About10-2679CUMBERLAND VALLEY RENTAL, Plaintiff DURA-BOND PIPE, V. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO.2010 - 7 4 car;' E C: r= NOTICE TO DEFEND rv A N N _T3 : ev cn n r M S-5 `i ?A 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 of 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 S. BEDFORD ST. CARLISLE, PA 17013 Dated: -21 1 b By: ALZMA N HUGHES, A it. George F. Douglas, III, Esquire Supreme Court I.D. #61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: (717) 249-6333 Attorney for Plaintiff ?- y). 0 a P"k ? #1 ? Jc.d- ,yy6 ? Pe Jyo9$;K CUMBERLAND VALLEY RENTAL, Plaintiff V. DURA-BOND PIPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. 2010 -J-4 71 COMPLAINT AND NOW, comes the Plaintiff, Cumberland Valley Rental, by and through its undersigned attorneys, Salzmann Hughes, P.C., and avers in support of its Complaint against Defendant as follows: 1. The Plaintiff, Cumberland Valley Rental, is a business located at 111 W. King Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. The defendant, Dura-Bond Pipe is a business located at 2716 South Front Street, Steelton, Dauphin County, Pennsylvania. 3. On March 19, 2007, the parties entered into a written contract with an effective date of March 21, 2007 for the rental and cleaning of uniforms for the employees of the defendant, Dura-Bond Pipe, in Steelton, Pennsylvania. A copy of the contract is attached hereto has Exhibit A. 4. The defendant, Dura-Bond Pipe, breached the contract by refusing to submit payment for services provided and for the buyout of the contract entered into by the parties. At the time of the breach, there were 136 weeks remaining on the contract. The contract states that forty (40%) percent of the amount remaining on the contract will be paid to the Plaintiff as liquidated damages, which is $26,244.19. Damaged and unreturned uniforms equal $13,700.00 for a total amount due of $39,944.13. A copy of the last statement submitted to the defendant is attached hereto as Exhibit B. 5. As a result of the breach of contract by the defendant, Dura-Bond Pipe, the plaintiff, Cumberland Valley Rental, has sustained a loss for total damages in the amount of $39,944.19. WHEREFORE, The Plaintiff claims of the Defendant the sum of Thirty Nine Thousand Nine Hundred Forty-four and 19/100 ($39,944.19) Dollars plus interest and costs, an amount requiring referral to the Court of Common Pleas of Cumberland County, Pennsylvania. Respectfully submitted, SALZMANN HUGHES, P. C George F. Douglas, III, Es4uire Attorney for Plaintiff Attorney ID: 61886 SALZMANN HUGHES, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA :SS COUNTY OF CUMBERLAND DONALD A. FRY, being duly sworn according to law, deposes and says that he is the President of Cumberland Valley Rental, and that the averments of the within complaint are true and correct to the best of affiant's knowledge, information and belief. DONALD A. FR -f, P ENT Sworn to and subscribed before me this the day of , 2010 Notary CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Complaint was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class main, postage prepaid, addressed as follows: Dura-Bond Pipe 2716 South Front Street Steelton, PA 17113 Respectfully Submitted, SALZMANN HUGHES, P.C. By: .4r, eorge F. Douglas, III, Es uire Attorney for Plaintiff Attorney ID No. 61886 A-W Uniforms - Coveralls • Wipers * Mats Medical Scrubs & Protective Garments P.O. BOX 329 111 WEST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257 PHONE: (717)532-7622 FAX: (717)530-1314 n CUMBERLAND V ALLEir - 11 RENTAL i _ CVRUNIFORMS.COM Customer Name: Dura-Bond Pipe Delivery Address: 2716 S. Front St. Steelton Pa 17113 Fax:(? llone:(717-986- l 100) No. of Wt>?? 20 4 6 2/6 Item Uniforms Mats Customer: 754 Route: Ron Day: -Wednesday 1 Del.: 6/1/2007 To be completed by CVR Description QU1IItlty Weekly rental charge per item/ 65135 11/11 100% Cotton 11/11 11/9/7 wearer $ 6.40 $5.40 $4.40 100% Cotton 9/9 11 9 $ 7.40 100% Cotton 7/ 7 7 .40 $ 4x6 Brown 3x10 Brown Z/ 5 $5.40 6 $500 Cumberland Valley Rental (the "Company" ) shall be the exclusive eider for daring the term of the contract at the a° rental/lease garments and/ Service fee- ersi per (the " or other Prices and conditions outlined below- The Customer calities that this Contract does notrinhin services upon the the Customs and another uniform rental service. Customer acknowledges that the Company undersigned ned (the "Customer") fulfill this agreement; accordingly, the term of this agreement will he,obligated to make a substanlisl i eiMrent in uniforms and or merclhandise to arive periods of the same 1 ship 11 be 60 months from the first regularly scheduled delivery of the items. This contract will automatically renew for ethe unless either kart 90 days . anniversary date of this contract, the prices t(1Et1 in party t can gives written automatically i notice of increase termination at percent (51%). Any additional prior to the expiration of the (hen current term. Upon each annual terms and conditions of this contract and be provided at the prices in effect on and after the date of the mce pt of the order. The regeeated n the charge xh anal! be covered b the fen than seventy-five percent of the original amount written above during the terms of this contract. Y Service naranlee: The Company will drive to aggregate mental charge shall never be reduced to lamination r ce G of service he to any cause be provide the highest quality service at all times; however- Yond its reasonable control.. In the the Company is not liable or responsible for delay, interruption or , by b may cef fled mail, address them to the ger of the Corn an event that during the term of (his agreement (or any y term nt enee of the facts germeral ram P Y- TIK failure n<customer to notify Company in r?rilin of term) Customer has any complaints they after rio the for l ccn rnren giving rise to any such objection or complaint shall constitute a waiver of such objection or complag int by by °Cntomer Istomer an or d shall not @hall not within thirty days +?? or counterclaim, All Mono tmned shirts Must be Purchased a IS30.00 each if canceled! thereafter be the Name Emblem Fee each Co n Emblem Pee each / aration Fee each N/C Customer Purchases NPre Replacement Costs: C Item: pants Item: shirts Item: 4x6or3x 10 Item /o/-, /67 Item: Item: Coat 25.00 Cost: 20.00 Cost: 100.00 Coa . , The Customer underatands the garments Cost: provided by the Company are not flame or acid retardant, unless specified otherwise. thIrtC eheoma Cpustomer Gg fainidab to comply with this Contract or if the Customer eleda to ny as tion charges, an amount equal to f terminate it for any reason prior to the expiration of the terms stated above, the Customer will pay number of weds remaining in the current tenor q an ?Y percent of the total regular weekly rate or minimum aggregate the Customer rArall plus y rental uniforms not returned to the Company or returned in aged fashon hr aenforcing and mult iplied by the Many costa including reasonable attorney fees or arbitration foes incurred by the Company. This Contract s #hall be binding any terns of this agreement' includes all all of upon and shall acme to benefit of the personal representatives. successors, and assigns of the res standings parties. No alterations, amendments orfutum undenstandinga shall be bindin Pcctiveparties hereto- This Contract is entire and signing on behalf of the Customer warrants to the C an unde omP Y that he/she has the authority and power to execuleghhmie cless unt adt cndbeh writing the Custon e by both parties. The person Cumber-Land '<laiiey Rent.,! 1 1 1 West King S t t' e e t ACCOUNT NO. STOP# P13 Box ? - MO. DAY YEAR DURA0754 1 30 i? Shippensbur-g, PA 1725- 717-5 2-7622 ALL CHARGES AND CREDITS AFTER ABOVE DATE WILL BE INCLUDED IN NEXT MONTHS STATEMENT- DURA-BOND PIPE 2716 SOUTH FRONT STREET STEELTON, PA i 7 i 1 , L AMOUNT ENCLOSED $ TO ASSURE CREDIT TO PROPER ACCOUNT PLEASE RETURN THIS HALF OF STATEMENT WITH YOUR CHECK NOTIFY US OF ANY NAME OR ADDRESS CHANGE BY CORRECTING ABOVE. REF' CHARGES CREDITS BALANCE INVOICE INVOICE DESCRIPTION DATE NUMBER 31-t p BALANCE FORWARD 9.'29/093 5080 Invoice 919344. 19 99449 OU ,1 HAPNK YOU NDI VA! LE',' UM BER ?_A RENTAL UUHIHIhN I OVER 30 OVER 60 EXHIBIT 39944.19 PLEASE PAY THIS AMOUNT Uniforms . Coveralls . Wipers • Mats Medical Scrubs & Protective Garments P.O. BOX 329 111 WEST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257 PHONE: (717) 532-7622 FAX: (717) 530-1314 Account Name Account # Invoice # And=, Inc. 28-Sop curd Ptpe 754 15080 September 24th 2009 Through May 31 st 2012 Vvesidy Bills $482.43 VMeeMy left on contract 136 $65,610.48 Contract Obligation 40% $26,244.19 244.19 Owed to CVR plus any unretumed uniforms, outstanding invoices and damaged uniforms. Unreturned Uniforms Price Quantity $ 4,380.00 Shirts $ 20.00 219 5 5,600.00 Pants $ 25.00 224 S 3.7211.00 Other $ 20.00 186 5 1 Sub-Total 'Total due within 30 days plus any unpaid invoices i CUMBERLAND VALLEY RENTAL, PLAINTIFF 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. No. 2010-2679 _ C o ~~~ o` 1i DURA-BOND PIPE, LLC, r,-,,.r., c.... ~:~ ~ ~~ DEFENDANT CIVIL ACTION LAW ~ ~ ,_... ~. ~ , > .L r ~ ~~ -; •; RULE 1312-1. The Petition for Appointment of Arbitrators shall be substantiay in~e , ,= following form: ~ ~~ @1 -c c.. PETITION FOR THE APPOINTMENT OF ARBITRATORS ~ ~,q.oo ~d ~'~ TO THE HONORABLE, THE JUDGES OF SAID COURT: ~~y~o4 ~~a-~~~ 7 George F. Douglas, III, Esquire, counsel for the plaintiff in the above action, respectfully represents that: 1. The above-captioned action is $39,944.19. 2. The counterclaim of the defendant in the action is NONE. The following attorneys are interested in the case as counsel or are otherwise disqualified to sit as arbitrators: George F. Douglas, III, Esq. for Plaintiff; Cory Iannacone, Esq. for Defendant WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, f ORDER OF COURT AND NOW, ~~?4~ , 2010, in consideration of the foregoing peti ion, Esq., °~'1~~ Q . ~~_~1 Esq., and Esq., are appointed arbitrators in the above- captioned action (or actions as prayed for. ~~ ``^^•• ~~~~~~~ h,',=i~ ~t~~t~ By the Cou ~ ~~ $ ~ :v ~~~ z- ~nr o~~t J. ,, ~ \~ ~+~, CUMBERLAND V RENTAL, Plaintiff vs. DURA-BOND PIPE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-2679 CIVIL ORDER AND NOW, this as arbitrator in the her place. /`1' day of July, 2010, the appointment of Rachelle J. Armbruster Toned case is VACATED. Kara Haggerty, Esquire, is appointed in BY THE COURT, ~ Maria J. Cognetti, Esqu /Kara Haggerty ~chelle J. Armbruster :rlm ~~i ~ 7~~4/,~ ~~ ~~ Kevin ess, P. J. -. :., { ~., :- ~ ~, : F.._ a_ r- _ ~+ it ..~ ~... ~ Y _ .~ C f, 1 ~~, c-x ?? Q / CUMBERLAND VALLEY RENTAL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENSV VANKP V. DOCKET NO. 10-2679 DURA-BOND PIPE, (11 Defendant CIVIL ACTION - LAW NOTICE OF HEARING BY BOARD OF ARBITRATORS You are hereby notified that the Board of Arbitrators appointed by the Court in the above captioned cases will sit for the purpose of their appointment at the law offices of Maria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, Pennsylvania 17011, on Wednesday, September 15, 2010, commencing at 9:00 a.m. MARIA P. COGNETTI & ASSOCIATES Date: August 11, 2010 By: Awwt4 MARIA P CO TTI, ESQUIRE Chairman, Arbi on Panel Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Distribution: George F. Douglas, III, Esquire, Salzmann Hughes, PC, 354 Alexander Spring Rd., Ste. 1, Carlisle, PA 17013 Cory A. Iannacone, Esquire, Rhoads & Sinon, LLP, 1 South Market St., 12`h Flr., Harrisburg, PA 17108 Mark A. Mateya, Esquire, 55 West Church Ave., Carlisle, PA 17013 Kara W. Haggerty, Esquire, Abom & Kutulakis, 2 West High Street, Carlisle, PA 17013 CUMBERLAND VALLEY RENTAL 111 W. KING STREET SHIPPENSBURG, PA 17257 Plaintiff V. DURA-BOND PIPE, LLC 2716 S. FRONT STREET STEELTON, PA 17113, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-2679 r' ? - CIVIL ACTION ?T .'Cn - c E5 n. PRAECIPE Please mark this case settled and discontinued. Date: -2-j? ( if George F. Douglas, III, Esq.," SALZMANN HUGHES, P.C. Atty. ID. No. 61886 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Plaintiff