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Home My WebLink About02-0119LAW OFFICES SNELBAKER. BRENNEMAN & SPARE WRIGHTSTONE ELECTRIC, 1NC., VS. TOYS R US, 1NC., Plaintiff, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW : NO: : JURY TRIAL DEMANDED NOTICE TO: Toys R Us., Inc., Defendant 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 a 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Dated: January ~ , 2002 SNE~;& SPARE, P.C. By~~ Attorneys for Plaintiff Wrightstone Electric, Inc. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE WRIGHTSTONE ELECTRIC, INC., VS. TOYS R US, INC., Plaintiff, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO: CO - : : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes Plaintiff, Wrightstone Electric, Inc., by its attomeys, Snelbaker, Brenneman & Spare, P.C., and avers the following causes of action against Defendant: 1. Plaintiff is WRIGHTSTONE ELECTRIC, INC., a Pennsylvania business corporation having its principal office at 100 South Market Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is TOYS R US, INC., a corporation, maintaining a store and regular place of business at 3500 Hartzdale Drive, Camp Hill, in Lower Allen township, Cumberland County, Pennsylvania 17011. 3. At all times relevant hereto, Plaintiff was in the business of constructing and repairing electrical systems. 4. At all times relevant hereto, Defendant was in the business of regularly selling merchandise at a store equipped with an electrical system located at the place identified in paragraph 2 hereinabove, hereinafter called "Store." laW OFFICES SNeLBAKER, BRENNEMAN & SPARE COUNT I BREACH OF CONTRACT 5. The averments contained in paragraphs 1 through 4 hereinabove are incorporated by reference thereto. 6. On or about June 26, 2000, Defendant by its authorized employees and/or agents engaged Plaintiff to relocate certain electrical lights, install new lights and provide incidental services and materials in connection with the renovation of the Store, said engagement being based on a time and material basis, whereby it was agreed that Plaintiff would be paid for its necessary services and materials to be provided at Plaintiff's usual and then prevailing prices and charges. 7. During the time between June 26, 2000, and December 8, 2000, Plaintiff through its employees performed the work and provided the materials and equipment for which it was engaged as stated in paragraph 6 above. 8. Portions of Plaintiff's performance of said agreement consisted of the services and materials shown on its invoices numbers 13869, 13871 and 13870, true copies of which are attached hereto and incorporated herein by reference thereto, marked respectively as "Exhibit A", "Exhibit B" and "Exhibit C". 9. Plaintiffperfoi-ii~ed its work in a good and workmanlike manner and in accordance with Defendant's requirements. 10. Throughout Plaintiff' s performance, Defendant continually approved and accepted Plaintiff's work and materials. SNELBAKER. BRENNEMAN & SPARE 11. Plaintiff's invoices attached as "Exhibit A", "Exhibit B" and "Exhibit C" contain the work performed, materials used and equipment provided based on PlaintifFs usual and then prevailing prices and charges. 12. Plaintiff has demanded payment for its work, materials and equipment, which Defendant has failed to pay. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $11,339.44 plus interest from the respective invoice dates and the costs of this action. COUNT II QUANTUM MERUIT AND/OR UNJUST ENRICHMENT In the event it is determined that no oral agreement existed in fact or law between the parties as alleged in Count I above, Plaintiff avers in the alternative as follows: 13. The averments contained in paragraphs 1 through 12 hereinabove are incorporated herein by reference thereto. 14. On the dates contained in Exhibits A through C attached hereto, at the oral request of a person or persons on Defendant's behalf and with Defendant's knowledge and acquiescence, Plaintiff did and performed the work and provided the materials and equipment as set forth in paragraph 6 hereinabove and as itemized on said Exhibits. 15. The fair market values of PlaintiW s services, materials and equipment rental are set forth in "Exhibits A", "B" and "C". 16. Defendant's Store was improved as the result of PlaintiWs work performed and materials and equipment provided. 17. Defendant has been unjustly enriched as the result of Plaintiff's work performed, materials and equipment provided. 3 LAW OFFICES SNeLBAKeR, BReNNeMAn & SPARE 18. Defendant has failed to pay Plaintiff the fair value of the services, materials and equipment, although the same is due and owing to Plaintiff. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $11,339.44 plus interest from the dates of the invoices attached hereto and the costs of this action. COUNT III BREACH OF CONTRACT 19. The averments contained in paragraphs 1 through 4 are incorporated herein by reference thereto. 20. On or about March 3, 2001, Defendant suffered a fire at the Store which caused damage to the electrical system of the Store. 21. On or about March 4, 2001, Defendant by its employees and/or agents orally engaged Plaintiff to repair and/or replace the fire-damaged electrical system and to otherwise restore the use of the electrical facilities damaged by said fire on a time and material basis, whereby it was agreed that Plaintiff would be paid for its necessary services and materials to be provided at Plaintiff's usual and then prevailing prices and charges. 22. Plaintiff' s performance of said agreement consisted of the services and materials shown on invoices numbers 13405 and 13408, attached hereto respectively marked "Exhibit D" and "Exhibit E" and incorporated herein by reference thereto. 23. Plaintiff performed its work in a good and workmanlike manner and in accordance with Defendant's requirements. 24. Throughout Plaintiff' s performance, Defendant continually approved and accepted Plaintiff's work and materials. 4 LAW OFFICES SNELBAKER, BRENNEMAN ~ SPARE 25. Plaintiff has demanded payment for its work and materials which Defendant has 'ailed to pay. WHEREFORE, Plaintiff demands judgment against Defendant in the amount of ~3,544.10 plus interest from March 9, 2001, and the costs of this action. COUNT IV QUANTUM MERUIT AND/OR UNJUST ENRICHMENT In the event that no oral agreement existed in fact or law between the parties as alleged in Count III above, Plaintiff avers in the alternative as follows: 26. The averments contained in paragraphs 1 through 4 and 19 through 25 aereinabove are incorporated herein by reference thereto. 27. On the dates contained in Exhibits D and E attached hereto, at the oral request of Defendant's employees, agents or other persons on its behalf and with Defendant's knowledge and acquiescence, Plaintiff performed the work and provided the materials as set forth in paragraph 21 hereinabove and as itemized on said Exhibits. 28. The fair market values of Plaintiff's services and materials are set forth in said Exhibits D and E. 29. Defendant's Store was restored and improved as the result of Plaintiff,s work performed and materials provided. 30. Defendant has been unjustly enriched as the result of Plaintiff,s work performed and materials provided. 31. Defendant has failed to pay Plaintiff the fair value of the services and materials, although the same is due and owing to Plaintift: LAW OFFICES SNELBAKER. BRENNEMaN & SPARE WHEREFORE, Plaintiff demands judgment against Defendant in the amount of $3,544.10 plus interest from March 9, 2001 and the costs of this action. SNELB~N & SPARE, P.C. By~/~r~r~ ~ '~i=tI'~'~. ~ne'~b~tker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff LAW OFFICES SNELBAKER, BRENNEMAN & SPAre VERIFICATION I, Clyde Wrightstone, hereby verify that I am the Treasurer of Wrightstone Electric, Inc., the Plaintiff herein, that I am authorized by Plaintiff to make this verification on its behalf and that the facts set forth herein are tree and correct to the best of his knowledge, information and belief. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. l~yde Wrightstone Dated: January ? , 2002 WRIGHTSTONE ELECTRIC INC. lO0-South Market Street MECHANICSBURG, PA 17055-6329 ~3869 TO' (717) 766-4768 FAX (717) 766-5803 TOY'S 'R US ATTN: BOB PALMER 703 BARTLEY CHESTER ROAD FLANDERS N3 87836 DATEOCtOber 4,2000 dOB NO. 00-396-G JOB NAME Harrisburg - West Shore JOB LOCATION TERMS Billing for materials and labor Septemberl8, 2000 thru ~eptember 2C,2000 , 68' Unistrut 248.88 , 100 ~,' Nuts 7'20 50 ¼" x 1" Screws 3'00 , 48' ~" w 6' All thread 31.04 , 30 ¼" x ¼" Washers 2'40 4 ~" x 4" To~le bolts .96 -- 12.20 ' 4 4" Square boxes 3.04 4 4" Souare box covers 12.96 24 MC connectors 162.50 , ~2~' 12/2 MC $484118 29' 05 Tax September 18, 2000 320'00 Electr{c~an 240100 Helper , ~e~tember 10. 2000 3201 00 Electrician 240,00 ~el~er I September 20, 2000 320,00 Electrician 2401 00 Helper $2,193,23 ~ ro..o.~. THANK YOU EXHIBIT A WRIGHTSTONE ELECTRIC INC. 100 South Market Street MECHANICSBURG, PA 17055-6329 13870 TO * (717) 766-4768 FAX (717) 766-5803 TOYS 'R US ATTN: BOB PALMER 703 BARTLEY CHESTER ROAD FLANDERS NJ 07836 DATE m 21 2 ~OSNO. 00'396-N JOSNAME }{arrisburK - West Shore JOB LOCATION TERMS Lift Rental - October 16, 2000 thru November 12, 2000 395.00 November 13, 2000 thru November 28, 2000 320.00 November 29, 2000 thru December 8, 2000 325.00 , $1,040~00 -S~T c ~ 'ro..,:~=. THANK YOU WRIGHTSTONE ELECTRIC INC. 100 South Market Street MECHANiCSBURG, PA 17055*6329 13871 TO* (717) 766-4768 FAX (717) 766-5803 TOYS 'R US ATTN: BOB PALMER 703 BARTLEY CHESTER ROAD FLANDERS NJ 07836 D^TEDecember 21, 2000josNo. 00-396-M JOeN^MEHarrisburg -- West Shore JOB LOCATION TERMS ~aterials and Labor list November 28, 2000 thru Decemter 8, 2000 9.72 18 ~C connectors 78,00 ~00' ~C 175.50 50 '32 835 - 120v Bulbs 1.44 ' 12 ;{rmtvs 247.50 100' 1 5/8" x 1 5/8" Unistrut 5.58 , 100 3'8" Nuts 7.00 100 3'8" x 1¼" Fender washers 1.50 , 1 %" Square box .90 1 ~" Square cover Rnlo~hane-- 5 783519/00000 Type B Wall wash reflector Toys 'R US 843.75 , 5 ~83519/00000 TyPe A Himh aisle straimht reflector 843.75 , 12 781087/69402 AdVance ballasts 277volt 339.66 Z 2SPG2~IAOA12120ES-2 Lamo ballasts 101'93 53.18 ' 100 HA201-% DC Bushed nipples 9.24 100 ~,, L~knuts 174.00 $2,89~ 65 4 5' 2-tube Fluorescent fixtures 17~ 56 r~ 32d 00 November 28, 2000 - Electrician 240 O0 M~lpar 32d oo November 29, 2000 - Electrician 240 O0 ~m~r 32~ O0 November 30, 2000 - Electrician Z40 00 > ~mlo~r 32~ 00 December 1, 2000 - Electrician 240 00 Helper 32~ 00 )ecember 4, 2000 - Electrician 240 00 Helper 32~ 00 December 5, 2000 - Electrician 240 00 Helper 32q 00 )ecember 6, 2000 ~ Electrician 240 00 Helper 32q 00 December 7, 2000 - Electrician 240 00 Helper 320 O0 December 8, 2000 - Electrician 24d O0 Helper $~,lO~ ~ ~.==~. THANK YOU ! EXHIBIT B ~~,~.~m South DATE 12 Single MC Connectors .. , ..... , > O Double MC Connectors 3.30 2 4" Extension rings 10.50 7 A,, ~ox~s 6.30 7 ~" Covers 6~.20 , 3 Sockets-short fluorescent 9.20 4 ~3ex receptacles - bro~ 7.00 ', A ~" [N~ connec[ors .96 >~- 80~ [2/2 MC 26~.00 26 79 T~ 16~ O0 ~rch ~, 2001 - Electrician ~1 . 160 00 ' ' ~l~etr~e~m~ ~2 32~ O0 ' Retch 5, 200t - Electric[au 2AO 00 March 6, 2001 - Ele'ctrician 24e O0 Marc~h7, 280~1- Electrician ' 24M O0 w.ln~r ' 32~ 00 March 8, 2001 - Electrician 24e Oa Ma~ch 9, 2001 - ~l. eetr[c~au. 12a 00 HP]P"r $3,31~ 23 TERMS ~ JOB NAME JOE O~ damage -- Emergency lights - ECLXN4R 128.70 zcx-2 $23q 8O 07 87 'HANK YOU ~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-00119 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WRIGHTSTONE ELECTRIC INC VS TOYS R US INC SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TOYS R US INC the DEFENDANT at 3500 HARTZDALE DRIVE , at 1443:00 HOURS, on the llth day of January CAMP HILL, PA 17011 by handing to TIM JORDAN, STORE DIRECTOR a true and attested copy of COMPLAINT & NOTICE together with , 2002 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this 2~-. day of So Answers: R. Thomas Kline 01/14/2002 SNELBAKER BRENNEMAN SPARE Deputy LAW OFFICES SNELBAKER. BRENNEMAN ~ SPARE WRIGHTSTONEELECTRIC, INC., Plaintiff, VS. TOYS R US, 1NC., Defendant : IN THE COURT OF COMMONN PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No: 02-119 Civil Term : : CIVIL DIVISION PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Prothonotary of Cumberland County (a) Complaint with notice to plead served January 11, 2002. (b) The undersigned certifies that Notice of intent to enter judgment by default was mailed on February 1, 2002, a true and correct copy of said notice being attached hereto. (c) No answer or other pleading has been filed. (d) Principal debt: Counts I & II: Counts III & IV: (e) Interest: $11,339.44 3,544.10 $14,883.54 3,170.48 (D Total due: $18,054.02 ENTER judgment in favor of Plaintiff and against Defendant for $18,054.02 plus interest at the lawful rate from the date hereof plus the co,~j / SNELB~a,~__ By: ~ ,f this action. C. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff )ated: February 12, 2002 LAW OFFICES SNELBAKER. BRENNEMAN ~ SPARE WRIGHTSTONE ELECTRIC, 1NC., Plaintiff, VS. TOYS R US, INC., Defendant TO: TOYS R US, Inc. 3500 Hartzdale Drive Camp Hill, PA 17011 (Defendant) DATE OF NOTICE: February 1, 2002 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO: 02-119 CivilTerm : JURY TRIAL DEMANDED IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENETERD AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SBTEL~.g&.,SZRE, P.C. K~ich~'~-d'~. Snelbaker, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff 5. CIVIL DMSI(~ WRIGHTSTONE ELECTRIC, INC., Plaintiff, VSo TOYS R US, INC., Defendant (3500 Hartzdale Drive Camp Hill, PA 17011) TOT HE PROTHONOTARY OF THE SAID COURT: : File No. 02-119 CIVIL TERM Amount DueS18,054.02 Interest from date hereof @ 6% Atty's Cc~m Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgnent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County County, for debt, interest and costs upon th~ fg~%owin~ ~esc~be~.~_rc~rt~-----~_--~-- defenda~t(s~ash on the premises; (b) ~is~r ~(!~oC~h~'~t~Rt't~r~re is PRA~CIPE POR A~ EX~'Y3TI(~ Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Snelbaker,~pare, P.C. DATE: February 12, 2002 SignatureBY~ Print Name: Richard C. Snelbaker 44 Main Street Address: Mechanicsburg, PA 17055-0318 Attorney for: Plaintiff Telephone: (717) 697-8528 Supreme Court ID No.:#06355 Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR. C.P. No. 3129). If lengthypersonalty list, supply four copies of list. To index writ, file separate praecipe with writ. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned SATISFIED. Sheriff's Costs: Docketing $ 18.00 Poundage 361.08 Advertising Law Library .50 Prothonotary 1.00 Mileage 10.35 Misc. Surcharge 20.00 Levy Post Pone Sal~ Garnishee $ 410.93 Pd by Defendant Sworn and Subscribed to before me this,;~o ~'~day of ~ 2002 A.D. ~,,,,._ ~. ?h~;,. ~ ~' pr6{ffonotary R. Thomas Kline, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-119 Civil CIVIL ACTION - LAW TO THE SHERIFF OF Cumberland COUNTY: To satisfy the debt, interest and costs due WRIGHTSTONE ELECTRIC, INC. PLANTIFF(S) From TOYS RUS, INC., 3500 HARTZDALE DR., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant(s) and to sell SEIZE CASH ON PREMISES AND LEVY ON MERCHANDISE FOR SALE TO THE EXTENT THERE IS INSUFFICIENT CASH. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $18,054.02 Interest FROM 2/12/02 ~ 6% Atty's Comm % Arty Paid $109.66 Plaintiff Paid L.L. $.50 Due Prothy $1.00 Other Costs Date: FEBRUARY 12, 2002 REQUESTING PARTY: Name RICHARD C. SNELBAKER, ESQ. Address: 44 MAIN ST. MECHANICSBURG PA 17055 Attorney for: PLAINTIFF Telephone: (717) 697 8528 SuPreme Court ID No. 06533 CURTIS R. LONG Prothonotary, Civil Division ATTORNEY Richard Snelbaker WRIT NO. 2002-119 Civil Wrightstone Electric, Inc. vs Toys R Us, Inc. DISTRIBUTION Real Debt Interest Attorney's Comm. Writ Costs, Atty Writ Costs, Pltff. Miscellaneous Attorneys Fees $18054.02 38.48 109.66 $ 18202.16 Sheriff's Costs: Docketing Poundage Posting Sale Bills Law Library Prothonotary Service Misc. Bad Check Charge Advertising Postpone Sale Surcharge Garnishee Levy Defendant Paid to Sheriff 18.00 361.08 .50 1.00 10.35 20.00 $ 410.93 $ 18613.09 Advance Costs Total Collected DISTRmUTION So Answers: Pd. To Pltff. Refund of Adv. Costs Pd. To Prothonotary $ 18202.16 150.00 1.50 150.00 $ 18763.09