HomeMy WebLinkAbout10-5742piLa-C77 CE
IN THE COURT OF COMMON PLEAS TM's '`0?pu?Y
OF CUMBERLAND COUNTY, PENNSYLVANIA PM 12: 45
KLINE'S QUALITY MOWING CUMFa.v_'.?a COUNTY
FEWNsYLVANiA
AND LANDSCAPING, INC.,
Plaintiff NO. 2010-CV- ?-7 ?
V. CIVIL ACTION - LAW
FOX SUBACUTE AT
MECHANICSBURG, LLC,
Defendant
COMPLAINT
NOW COMES, Plaintiff, Kline's Quality Mowing and Landscaping, Inc., by and
through its counsel, Law Offices of Craig A. Diehl, and files this Complaint averring as
follows:
1. Plaintiff, Kline's Quality Mowing and Landscaping, Inc., is a
Pennsylvania corporation with its business address at 1130 East Lisburn Road,
Mechanicsburg, Pennsylvania, 17055.
2. Defendant, Fox Subacute at Mechanicsburg, LLC, is a Pennsylvania
limited liability corporation with its business address at 1210 South Filbert Street,
Mechanicsburg, Pennsylvania 17055.
3. Defendant employed Plaintiff on an as needed basis to provide snow
plowing, removal, and salting services for the entrance and parking lot areas at The Fox
Center, Mechanicsburg location.
4. Plaintiff provided invoices to Defendant itemizing the services provided
and the amount owed for each occasion that services were rendered beginning December
VX&I
i9?y
23, 2009, through and including February 14, 2010. See Exhibit "A" for true and correct
copies of the invoices.
5. At the present time, Defendant owes to Plaintiff the sum of Ten Thousand
Three Hundred Fifty and 00/100 Dollars ($10,350.00). See Exhibit "B" for a true and
correct copy of the amount owed.
6. Plaintiffs work was done with quality workmanship and the prices
charged were reasonable for the type of services and materials provided.
7. Despite demands for payment, Defendant has refused to pay Plaintiff the
outstanding balance owed.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to award
judgment in its favor and against Defendant for $10,350.00 plus attorney fees and costs.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: / d
By: a-'? 0, =-,
Craig A iehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Tel: 717-763-7613
Fax: 717-763-8293
Counsel for Plaintiff
EXHIBIT "A"
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
12/11/2009 1
P?
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Plowing with Truck on 12/9/09 (3 inches)
Salting on 12/9/09
Sales Tax 300.00
250.00
6.00% 300.00
250.00
0.00
Thank you for your business.
Total $550.00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
12/11/2009 2
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Salting on morning of 12/11/2009 (6:10am - 6:25am salted patches of ice in lot. Not
charging for full salting)
Sales Tax 70.00
6.00% 70.00
0.00
Thank you for your business.
Total $70.00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
12/17/2009 3
QQ
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
2 Saltings (9:30am & 11:00am) on 12/13/2009
Sales Tax 500.00
6.00% 500.00
0.00
Thank you for your business.
Total $500-00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
12/23/2009 4
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Truck w/ Plow on 12/19 (4 services @ 1-3 inches ea.) 1,200.00 1,200.00
Salting (4 services on 12/19) 1,000.00 1,000.00
Salting on 12/20 250.00 250.00
Salting on 12/21 250.00 250.00
0.00
Sales Tax 6.00% 0.00
Thank you for your business.
Total $2,700.00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
12/30/2009 5
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Salting on 12/25
Sales Tax 250.00
6.00% 250.00
0.00
0.00
Thank you for your business.
Total $250.00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
1/5/2010 6
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Plowing on 12/31/09 (1 service)
Salting on 12/31/09 (1 service)
Sales Tax 300.00
250.00
6.00% 300.00
250.00
0.00
Thank you for your business.
Total $sso.oo
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
1/12/2010 7
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Salting on 1/6/2010
Sales Tax 250.00
6.00% 250.00
0.00
Thank you for your business.
Total $250.00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
1/12/2010 8
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Plowing on 1/8/2010 (1 service)
Salting on 1/8/2010 (1 service)
Sales Tax 300.00
250.00
6.00% 300.00
250.00
0.00
Thank you for your business.
Total $550.00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
2/4/2010 9
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Plowing on 2/2 & 2/3
Salting on 2/2 & 2/3
Sales Tax 300.00
250.00
6.00% 300.00
250.00
0.00
Thank you for your business.
Total $SSOAO
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
2/11/2010 10
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
Plowing on 2/5 & 2/6 (27 inches of snow @ $300 per 3 inches)
Salting on 2/5 & 2/6 (2 services)
Sales Tax 2,700.00
500.00
6.00% 2,700.00
500.00
0.00
Thank you for your business.
Total $3,200.00
Kline's Quality Mowing and Landscaping
1130 East Lisburn Road
Mechanicsburg, PA 17055
Bill To
Fox Subacute
120 S Filbert St
Mechanicsburg, PA
Attn: Bill Haig
Invoice
Date Invoice #
2/14/2010 11
P.O. No. Terms Project
Net 60
Quantity Description Rate Amount
6 Plowing Services for 20 inches of snow
Salting on 2/10 & 2/11 (2 services)
Sales Tax 1,800.00
500.00
6.00% 1,800.00
500.00
0.00
Thank you for your business.
Total $2,300.00
EXHIBIT "B"
FOX SUBACUTE AT MECHANICSBURG, LLC
ACCOUNT SUMMARY
December 2009 thru February 2010
Invoice # Date Amount Status Balance
1 12/11/2009 $550.00 Paid $0
2 12/11/2009 $70.00 Paid $0
3 12/17/2009 $500.00 Paid $0
4 12/23/2009 $2,700.00 Unpaid $2,700.00
5 12/30/2009 $250.00 Unpaid $2,950.00
6 1/5/2010 $550.00 Unpaid $3,500.00
7 1/12/2010 $250.00 Unpaid $3,750.00
8 1/12/2010 $550.00 Unpaid $4,300.00
9 2/4/2010 $550.00 Unpaid $4,850.00
10 2/11/2010 $3,200.00 Unpaid $8,050.00
11 2/14/2010 $2,300.00 Unpaid $10,350.00
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KLINE'S QUALITY MOWING
AND LANDSCAPING, INC.,
Plaintiff NO. 2010-CV-
v.
FOX SUBACUTE AT
MECHANICSBURG, LLC,
CIVIL ACTION - LAW
Defendant
VERIFICATION
I, Todd Kline, Vice President of Kline's Quality Mowing & Landscaping, Inc.,
Plaintiff above-named, being duly sworn according to law, deposes that the facts set forth
in the foregoing Complaint are true and correct to the best of my knowledge, information,
and belief. The undersigned understands that the statements made therein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to
authorities.
Date: 5 /7/0
To line, Vice.Brd e
Kline's Quality Mowing & Landscaping, Inc.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~~,~~~titr pt ~;iunFp~~~~a~
Jody S Smith
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Chief Deputy ~ ~'
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Richard W Stewart
Solicitor c~~~~=F ~F "~~ ~~~~~"~
Kline's Quality Mowing and Landscaping, Inc.
vs. Case Number
Bill Haig 2010-5742
SHERIFF'S RETURN OF SERVICE
09/24/2010 01:30 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on
September 24, 2010 at 1330 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Bill Haig, by making known unto himself personally, at Fox Subacute at
Mechanicsburg, LLC, 120 S. Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its
contents and at the same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.44
September 28, 2010
~~~L~~
STEPHE ENDER, DEPUTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
KLEIN'S QUALITY MOWING
AND LANDSCAPING, INC. NO. 2010-CV-5742 Civil
V. CIVIL ACTION - LAW
FOX SUBACUTE AT
MECHANICSBURG, LLC
. ATTY ID NO. 23201
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT
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COMES NOW, the Defendant, Fox Subacute at Mechanicsburg, LLC, by and through its
undersigned counsel and respectfully answers the Plaintiff s Complaint as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. It is specifically denied that the Defendant owes the Plaintiff the amount
stated in this averment. Strict proof thereof is demanded.
6. Admitted in part and denied in part. It is admittd that Plaintiff s work was
satisfactory, it is denied that the prices charged therefor were fair and reasonable. To the
contrary, Defendant believes, and therefore avers, that the prices charges are excessive and far in
excess of the fair value of such services. It is further denied that Defendant agreed to pay the
prices set forth on the invoices.
7. Admitted.
WHEREFORE, Defendant requests that this Honorable Court dismiss the Complaint
against it.
rDuResnsmore
Attorney ID NO. 23201
251 Stenton Avenue
Plymouth Meeting, PA 19462
(610)-862-0630
(610) 828-1975 far
Attorney for Defendant
N
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Kline's Quality Mowing & Lancscaping, Inc.
Plaintiff NO. 2010 CV 5742,CiVil 20
c
vs.
xr?
Fox Subacute at Mechanicsburg, LLCZ
RULE 1312-1
Defendant AC31
The Petition for Appointment of Arbitrators shall be substantially it=
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
a
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3
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.c-
Craig A. Diehl, Esquire, CPA , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ 11,493.44
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators: Walter B. Dunsmore, Esquire (Attorney for Defendant)
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WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted. am 0q.00 0 air,
Respectfully sub 'tte ?klf 1710 3 7
C Craig A. hl, Esquire, CPA
3464 Trindle Road, Camp Hill, PA 17011(717) 763-7613
ORDER OF COURT
AND NOW, 20 2011 , in onsideration of the foregoing
petition, Esq., and Z? f 2v'
Esq., and a,l.CG Q?L_ Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for. C-? c~
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A_ lJ;eL?1, Est
Cep;cs PK&,Iled 6131?1
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By the Court, ? ?*t
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Kevin A. Hess, P.J. f" :7- --t c7j
G7
In The Court of Common Pleas of Cumberland
/ - ` County, Pennsylvania No??- ?r2 lj
k ?k Q ?Gw?G Gr? /?GO?I
Defendant Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States nd the Constitution of this Commonwealth and that we will discharge the duties of our office
with fidelity.
G.v ?G>'hp
Name (Chairman)
e Z?/ >O?l
Law Firm
s ? Address
2,6,? "/c' ? 170/,
. r City, Zip
Signature
???c rx L. f- 4e?
Name
?lG' pm Law C,
Law Firm
555 6e-M?es?xxa,?? TIC l?
Address
c,?r4-nic?n ??0?5
City, zip
Signature
Name
Law Firm
Address
City, Zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separately stated.)
, dissents.
Date o
Date of Award:
if
(Chairman)
Notice of Entry of Award
Now, the ?5"?kday of , 20 at 9•LS50 .M., the above award was
entered upon the docket and notice ther f given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: $ .?0 • rCi
By:
Prothonotary
S •G SG Plaintiff
Deputy
6ROTHONOTAR`i
Z?li A1?? 25 A? 9? 0
c,uMBERIANU COUNT'"
PENwSYLVANIA
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