HomeMy WebLinkAbout11-3815Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
GET, INC.,
V.
COMPTON & SONS STEEL
CONSTRUCTION, INC.,
Defendant
F -OFFK-
tLEG
LU L
CUtiBERLAND
& FALLFER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2011 - 3$l S CIVIL TERM
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 Plaintiffs. 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 REDUCE FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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F.\FILES\C1ients\13719 GET Inc\13719.4\13719.4.com/mah
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
GET, INC., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. :
NO. 2011 - CIVIL TERM
COMPTON & SONS STEEL
CONSTRUCTION, INC.,
Defendant
COMPLAINT
AND NOW, comes the Plaintiff, GET Inc., by and through its attorneys, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows:
1. Plaintiff, GET, Inc., is a Pennsylvania corporation with a registered business address
of P.O. Box 62, Plainfield, Cumberland County, Pennsylvania.
2. Defendant, Compton & Sons Steel Construction, Inc., is a Pennsylvania corporation
with a registered business address of 1480 Hollow Road, Newport, Perry County, Pennsylvania
17074.
3. Plaintiff is in the business of, among other things, leasing vehicles.
4. Plaintiff has leased various vehicles to Defendant under a Lease Agreement dated
February 1, 2010, a copy of which is attached hereto as Exhibit "A."
5. Plaintiff has leased vehicles to Defendant for a total value of $12,064.34. A true and
correct copy of Plaintiff's invoices are attached hereto as Exhibit "B."
6. Defendant has failed to pay for such leased vehicles and therefore, is liable to
Plaintiff for the amounts owed plus interest and costs.
7. Despite repeated demands, no payments have been made by the Defendant for
amounts due nor has Defendant disputed this debt.
COUNT I - BREACH OF CONTRACT
8. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 7 as if fully set forth.
9. Defendant has breached an expressed or implied agreement, directly or through
agents, to pay for the leased goods and services provided to Defendant from Plaintiff and/or
Plaintiff's agents.
WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of
$12,064.34, plus interest at 18% per annum from the date of the invoice and costs.
COUNT II - QUANTUM MERUIT
10. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1
through 9 as if' fully set forth.
11. In the alternative to Count 1, Defendant is liable to the Plaintiff and/or has been
unjustly enriched in the amount of $12,064.34.
WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of
$12,064.34, plus interest at 18% per annum from the date of the invoice and costs.
MARTSON LAW OFFICES
BY: (3 ",1
Christopher E. Rice, Esquire
ID Number 90916
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Date: Attorneys for Plaintiff
EXHIBIT "A"
'OkA
f
LEASE AGREEMENT
THIS AGREEMENT made and entered into this I" day of February, 201 O) by and
between GET Inc., a Pennsylvania Corporation, with its principal place of business in
the village of Plainfield, West Pennsboro Township, Cumberland County. Pennsylvania.
P 0 Box 62. Plainfield, Pennsylvania. 17081, party of the first part, hereinafter called
Lessor", and, Campton and Sons Steel Contruction, 2830 Woodberry Road, York, PA
17404, party of the second part, hereinafter called -Lessee",
WITNESSET H:
In consideration of these presents rind the mutual covenrrrrts, promises and
agreements herein contained, and intending to be legally bound, the parties, mutually
agree as follows:
I . Lessor hereby agrees to lease to Lessee, and Lessee agrees to lease front
Lessor all those certain vehicles as more fully identified and set orth in
Schedule ``A" annexed hereto.
2. The parties agree that the rate or charge for said vehicles is and shall be as set
forth in Schedule "A" annexed hereto, said amount to be paid periodically as
billed by Lessor; a monthly finance charge of 1.5% will be assessed to any
invoice(s) exceeding 30 days, equaling an annual percentage rate of 181"4.
'The parties agree that this lease shall be in effect immediately upon execution
and the terns thereof Shall continue in effect for a specific period of time
specified on the attached schedule. If no such time is specified on the
attached schedule, the lease shall be in effect until either Lessor c.-?r Lessee
notifies the other of its intention to terminate this lease and said vehicles are
returned to .Lessor.
4. Lessor agrees to perform and comply with the following terms and conditions:
(a) to furnish all service and maintenance on said vehicles, including
lubricants. at least once a month.. or more often if necessary. at such place or
places as designated by Lessor, and (b) to furnish the Pennsylvania
registration and Federal Use Tax for said vehicles.
5. Lessee agrees to perform and comply with the following terms and conditions:
(a) to supply all appropriate specified fuel for said vehicles; (b) to supply all
fuel permits grid cab cards necessary for said vehicles; and (c) to pay and or
reimburse l..essor for any and all frees or charges of any nature whatsoever
imposed upon said vehicles other than the Pennsylvania registration and
Federal Use `l'ax for said vehicles. including but not limited to licenses
necessary for out-of=state movements involving said vehicles; (d) to employ
or otherwise provide the operators for said vehicles and to pay all wages or
other compensation to such persons and to pay all other incidental charges
legally necessary to provide operators for said vehicles that may be imposed
by law or otherwise; and (e) to be subject to and pay all fines or other
penalties arising out ofthe operation and use of said vehicles.. including. but
not limited to, overloading, width and height violations, speeding. Gw reckless
driving. etc.; (f) to make a speedometer or mileage check on each of said
vehicles every 30 days, and to report the stone by mail to Lessor he day
immediately following the check. (g) to pay the rental hereunder as billed.
within ten (10) calendar days of the date of said bill; (h.) to obtain, maintain,
and provide at Lessee's sole cost and expense all liability insurance to protect
the parties herein against claims for bodily injury and property damage in such
amounts of coverage as to comply with the laws of all jurisdictions in which
said vehicles are operated, but in no event shall insurance coverage be less
than $1.000,000 combined single limit of liability; Lessor must be named as
:Additional Insured under all such policies; (I) to obtain, maintain and provide
at Lessee's sole cost and expense comprehensive and collision coverage oil
each vehicle in the amount designated as the insured can. Schedule "A"
attached hereto, naming Lessor as the primary insured as owner of the
vehicles; (j) to provide to Lessor a bona fide Certificates of Insurance issued
by the insurers ofthe policy (s) required under (h) and (1) above, (k-) to
i.ndemni fv. defend and hold harmless the Lessor. its officers. agents..
employees, servants and assigns from and against any and all liability losses,
claims, damages, demands, expenses and cost of any nature or type
whatsoever, including, but not limited to, Lessor's reasonable attorneys' fees
and other expense of del'ense, arising out of or during Lessee's use, operation.
custody or control of said vehicles; and (1) return said vehicles to Lessor. at its
place of business upon Lessor's demands or upon other termination of this
lease agreement in the same condition as wvhen delivered to Lessee, reasonable
wear and tear only accepted.
6i Lessee's obligations under paragraph 5 herei.nabove shall extent and apply to
any replacement vehicles provided by Lessor to Lessee while any vehicle
designated on Schedule "A" is being serviced by Lessor in accordance wvith
Lessor's maintenance requirements.
01-27-' 1C 06: 64 P'RO -COMPTON & SONS STEEL 7177926932 T-367 P00021/0003 F-81F"
.
fia. Lessee's obligations under paragraph 5 shall extend to any additional vehicles
provided by Lessor to Lessee under the terms of this lease.
6b. In the event Lessee's vehicle insurance coverages are cancelled or non-
renewed, lessor is under no obligation to provide or secure replacement
coverages for Lessee of any kind or nature. Furthermore, Lessee must
immediately notify Lessor in writing of said cancellation or non-renewal.
6c, In the event vehicle coverages are cancelled or non-renewed, Lessee is
obligated to return to the Lessor's premises in Plainfield, Pennsylvania
17081 all units under the terms and conditions of this lease.
7. Any changes or alterations in the terms and conditions of this Lease
Agreement shall be only in writing signed by both parties hereto.
IN WITNESS WHEREOF, the patties have duly executed this Lcase as of the day
and year first written above.
ATTEST. LESSOR:
GET 1NC
LESSEE:
COMPTON AND SONS STEEL CONTRUCTION
e
Vice President -
SC1-I1:Dt_'LI? ??1
,
TRACTORS
MAKI=; UNIT 4 Yl,"AR SERIAL .
1. MACK 1.71 2003 IMIA.A18Y53W1;2794
?.
4.
b.
"IRACTC)1t RATt'S
DAT IN BLIGINNING
RA"l ll.>MII.F, SERVICI MIL-11"s
_.._... _ ................._...._.__ ?_ _.... ...-__.__.............. ............... _................
__...
S I. 00.00 per inonth
1. pluN 9 cents per mite............ 21 2-1-(?496,686__ ._ .................... ?12 Months_
7
1.
h,
A montitl4, linance char-e of 1.5go will be a5seswd to any invoice(,) exceed ina 0 cia}'s from date of issue.
ATTI'S 1.:
,1-1..1_( ST:
GET INC.
Vice President -
t' PION
SCIII'Dt'LE A
I?R:?II,L;RS
Iti1.1 1<F tFNIT 4 Yf nR SFAIAL 4
I . Dorsey, 481 1997 1 D'I'P86Z24V(jO5C906
S
4.
1
6.
I'RAII_.I::IZ RA I I;S
DA F IN
RAT _MI1 SERVICE TERM.
1. 5250 der month 1() 12 VIcmthS
4.
6.
A month IN finance char,ve of 1.5°,) jai U be assessed to any invoice(s) exceeding _,0 clays from date oi ISSUe.
'ice President
03-'22-':1.9 1?:16 FRClM-j'-70MPTOiv u S'4N-c STEEL ''17i9?6I' 1'=,i PL-,1001/21001 F-1?
SC'III?C. ULF A
TRAILERS
MAKE _ UNIT # YI AR SERIAL ?
1. Fruehauf 482 1998 IJJF482F.3WS443245
2. Fontaine 483 ^ __-... 1998 13N 1482C8W 1582507
4#
5.
6.
'CRAJLER RATES
DATE IN
RATE/MIL _w SERVICE TERM
1.3275pet`. mont(1 3/17/10 .-._I2 Months
?. X275 er tngtltlt _........__ 3f I9l 10 12 _Months
3.
4,
b.
A monthly finance cbare of I .S% will be assessed to &ny invoice(s) exceeding '10 days fiv?n7 date ot` issue.
AT' FST:
ATTLSTI
G- ET INC.
......................
Vice President
COMP'T'ON A {,7 SON STEEL C0NS RJC_,rioNi
TRAILERS
'\JAK UNIT f YEAR SERIAL ?.
. (.heat Dane 484 2000 IGRDM.9625YM004610
?. Cheat t?anu 485 2000 1GR.DM9024YMO08205
i
.a
1
6.
TRAILER RATES
DA'fl` IN
RAT'EIMILL.____ SERVICE _ fERIM
1._$3.10 nee month I0;181,11U......_ ' )6 Months
2 •_ ,3 i. }._0er month 10/18/10 36 Months
4.
6, _ _ _
A rnonihiv fma«ce chaj-, e (.}I' 1,5`'o will be assessed to any invoice(s) exceeding 30 days From daw of issue.
-1.TE-S.I.. GET INC.
1 1 S ., '
-w-
t
Vice President
A 1 11;5 COMP YON ANN, 1,i ?R JC FION
t
i
EXHIBIT "B"
1428
Truck= 17
b<zl;k
BOX 62 - PLAINFIELD, PA 17081
717-243-4940
Trl
Date 12 2, 10
Xa11l4... Compton & Sons Steel Construction
Address 28'10 Wknodberrr Road
'Y'ork.IIA 17404
l )ies?l Iitel replacement upon return of tractor # 1 3 7
81.0 callous of diesel fuel i $3,28 per ?-)allon S267.65
I ti I Labor I $0.00 I
Sales "lax
Total
50.00
5267.6-5
Im o1cc l 6705
ii irrwnwwr„
1
BOX 62 - PLAINFIELD, PA 17081
717-243-4940
\alnc Compton &' Sorts Steel Construction
_?d?ire 4 _'$3() Woodberry Read
York. P.\ 17404
Date 122/ I ()
Tractor --171 Rental - December 2. 2010 through Janmp, 1. 2011 $1.500.00
1.751 X171 Miles .09 cents per mile in November $157.59
1. 98 =137 Replacement Miles ""a' .09 cents per mile in November $116.82
t
l,,ytr r tractor ;=137 Rental - November 1 st throLwh 17th $l 340.00
860 137 Miles fX .12 cents per mile to November X103.2()
i
621
1 t)7 Replacement Miles 'd .12 cents per mile in NOVember
574.40
1'railer --=481 Rental - December 2. 2010 through Januai?? 1. 2011 5250.00
i 71raiJcr 482 Rental - December 2. 2010 through January 1. 2011 5275.00
Trailer 483 Rental - December 2.. 2010 through January 1. 2011 $275.00
Frailer X484 Rental -December 2. 2010 through January 1, 2011 $310.00
I'miler = 485 Rental - December 2. 2010 through .lanuan, 1. 2011 $310.00
Finalice Charge 1'(.)r past due invoice 16628 issued September 2. 2010 S 131 25
1-ii,aric•e Charge for past due invoice 16653 issued October 2.. 2010 5121.48
,
I illance Charge for past due in voice 16653 issued November 2, 2010
$86.49
*11avment due Lilion receipt
Sales Tax
Total
$3{.13.07
S5.35430
1II%oiC:' 167 30
i
BOX 62 - PLAINFIELD. PA 17081
717-243-4940
Date 12 I I
'game Compton t?. Sons Steel ConstructiOll
Address 28.,i) Woodberry Road
York. FIA 17404
1 I ra ctor 171 Rental - January ?. ?01 1 thI•ough February I, 2011 `1.500.00
?J)l)8 -171 Miles ri..09 cents per mile in December S27(,)72
47 =].',7 Replacement Miles it .09 cents per mile in December r,4.?;
Trailer 4481 Rental - January 2, 2011 through February 1, 2011 $250.00
Trailer -482 Rental -January 2, 2011 thrOLI h Februar-v 1. 2011 $275.00
1 rai ler #48' Rental - January 2. 20I I through February 1, 201 1 $275.00
I'rall I -.484 Rental - January 2. 2011 through February 1, 2011 $310.00
I railer "485 Rental - January 1 2011 through February 1, ?{}1 1 $310.00
i
1 finance Charge for past due invoice. X16679 issued November 2, 2010 S172,98
Finance C`harge for past due invoice 16705 issued December 2, 2010 S75.77
Payment due Upon receipt
Sales `I ax
Total
;. 65 0. 33 2
1 }'tt Date 14 11
BOX 62 - PLAI NFIELD, PA 17081
71.7-243-4940
1 ruc(:_ l (} i Irl
Name Compton &, Sons Steel Construction
Addrcs,, 2810 Woodinvi-n Road
York, PA 17404
Uie>cl fue l replacement upon return of tractor 9'1 {}7
9.8 t gallons ol'daesel fuel :a $3.47 per gallon `?13K.11
--{ 4 1? 1 `?! cal I s(1mo j
Sales "l ax SO.00
Total S138.11
f
9 IL
BOX 62 - F'LAINE'1E:LD, PA 1-081.
17-243-49411
?a1Sii Compton c? Sons Steel ('OnsIruCIi0II
11111 G'4 ;s } lL t)(,? i1e1`[ IZt1'a:l
r PA 17,404
-1 2 11
lac lltdl )ULUA _''. .tit1l 1 1111', ILI'213 I c`h111FaT'1 I 48. K'4-1
-- -- 1
- -?
_-. -..... hl d ' l1?1i1
! llt 11118 t1 .'?{?
< i11`I"
131tl i11 1:11117x11'1 )
,
.__ ? _..-._ .__
i
i
--
llr or?licd
1 railer
-.4 1 R'cmJ1 - I chru u'\ _
_'C)1 1 through l ehru ar-
17. '()1 !
513t}.?
1 Fl't'.) 1tG 1 1 iIlilCl' =-482 RC11111 - 1'Cbl-Wat'\ ?. . _61 1 through (ehrual'? 17,201 1 X153.68
Nrt>t ,t?(1 1l?iiIr , 48, Rcmal - I ebal,'11-v ?i)I 1 t}1t't)u 11 Fehruar? 1 7. ?(11 153,68
I l . 1" 4 , 1 1'elltia1 - 1,k:1?ruarr ?I I 1 tlart)UI- "t 1 cbru7an I l 1 1 ?>,?>
1'r(i t ?`;I I c<1ilLi 18 1tie11tal - } Tru tt 171 1 tl1t?>aI^ 11 1 elllai{try I %, =(tl ! 11
i
3 1
?
i
l itt<ti:l`1 (.
I t' '
1 )r I?1t l(te iritz:ia'? 71). i??uec3 111te111?er2.2()1()
11. 1
(! (1)"1 1i i l? rC lt?t 11 3tii i itc lll\ U?(:c' : 1 ?? I_7 ? ly5tll( .?ia111(:Ir\ _'. ?(11 1 51,66
E
lj
`
;i
,7tiLr3C dl .k ' on rCctipll
Total 6
418
IMX 62 -- 1'LAINFIELD. PA 17081
17-243-4940
I Lac 2 21,1I
I rtic 1-1
X.ojmc _ Comptoll & Stir); Steel C ollstructioll
\i.1c1r _ "Ci til oi'tiilhcrl- Road
o l. 1'._1. 1704
3, i0,>``d Fan {. slam I rmk c?. I r ilor 1\qm& 1mokc ? SUM)
i
I
i
i i
e 7
i
Yaks '1 aN
Total
S2&'.O
`h49420
l
VERIFICATION
I, -T of GET, Inc., acknowledge I have the authority to
execute this Verification on behalf of GET, Inc., and certify the foregoing Complaint is based upon
information which has been gathered by my counsel in the preparation of the lawsuit. The language
of this Complaint is that of counsel and not my own. I have read the document and to the extent the
Complaint is based upon information which I have given to my counsel, it is true and correct to the
best of my knowledge, information and belief. To the extent the content of the Complaint is that of
counsel, I have relied upon counsel in making this Verification.
This statement and Verification are made subject to the penalties of 18 Pa. C- S. § 4904 relating
to unsworn falsification to authorities, which provides that if I knowingly make false averments, I
may be subject to criminal penalties.
GET, INC.
gy, r? D
GET, INC.,
Plaintiff/Respondent
V.
COMPTON & SONS STEEL,
CONSTRUCTION, INC.,
Defendant/Petitioner
IN THE COURT OF COMMON 12E/?g -c:)
OF CUMBERLAND COUNTY-;o3 = -+
PENNSYLVANIA =rn ?
c4? rn
-.i C.) o
NO. 2011-3815 - Civil Term y° . o
n.n
=CD
PETITION TO OPEN DEFAULT JUDGMENT PURSUANT TO PA.R C P 237.3(b)
NOW COMES, the Defendant, Compton & Sons Steel Construction, Inc. ("Compton"),
by and through its attorneys, Cunningham & Chernicoff, P.C., and states as its Petition to Open
Default Judgment Pursuant to Pa.R.C.P. 237.3(b), as follows:
Plaintiff initiated this action by the filing of a Complaint on April 20, 2011, which
was served upon Defendant by the Sheriff of Perry County, Pennsylvania at 1480 Hollow Road,
Newport, Pennsylvania 17074.
2. On June 7, 2011, Plaintiff filed its Praecipe for Entry of Default Judgment for the
failure of Compton to respond to the Complaint. The notice required by Pennsylvania Rule of
Civil Procedure 236 was sent on May 24, 2011 to the same address.
3. On the same day, the Prothonotary of Cumberland County issued the Notice of Entry
of Default Judgment in the amount of $12,064.34, plus interest at 18% per annum for Compton's
failure to file an answer to the Complaint.
4. Pennsylvania Rule of Civil Procedure 237.3(b) authorizes this Court to open a
judgment entered by default if the proposed complaint or answer states a meritorious cause of
action or defense.
5. Compton avers that a meritorious defense exists to the entry of default judgment here
because Compton believes that not all payments made on account of the contract alleged in the
Complaint docketed hereto have been properly applied, and thus that the contract is not in
default.
6. A true, correct, complete, and verified copy of the Answer with New Matter which
Compton intends to file is attached hereto, incorporated herein, and marked as Exhibit "A."
WHEREFORE, Petitioner/Defendant, Compton & Sons Steel Construction, Inc.
respectfully requests that this Honorable Court open the default judgment docketed to 2011-3815
of the Civil "Term and permit Defendant/Petitioner to file its proposed Answer, as well as any and
all other relief that this Honorable Court may deem just and proper.
By:
Date: June 16, 2011
Respectfully submitted,
itcooert n. unernicott, tsquire
PA ID No: 23320
Nicholas A. Fanelli, Esquire
PA ID No: 308136
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
2
CUNNINGHAM & CHERNICOFF, P.C.
GET, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff/Respondent PENNSYLVANIA
V.
COMPTON & SONS STEEL
CONSTRUCTION, INC.,
NO. 2011-3815 - Civil Term
Defendant/Petitioner
CERTIFICATE OF SERVICE
I, Stacy Sollenberger, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., certify a true and correct copy of the PETITION TO OPEN DEFAULT JUDGMENT
PURSUANT TO PA.R.C.P 237.3(b) will be served by first class U.S. Mail and/or electronic
means on the following:
Christoper E. Rice
Martson Deardorff Williams Otto Gilroy & Faller
Martson Law Offices
Ten East High Street
Carlisle, PA 17013
CUNNINGHAM & CHERNICOFF, P.C.
Date: June 16, 2011 By:
Stacy Sol berger
F: Home\NFANELLI\Documents\Compton & Sons Steel\Get, IncTetition to Open Default Judgrnentmpd
EXHIBIT `A'
GET, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
NO. 2011-3815 - Civil Term
COMPTON & SONS STEEL
CONSTRUCTION, INC.,
Defendant
ANSWER
AND NOW COMES, the Defendant, Compton & Sons Steel Construction, Inc.
("Compton"), by and through its counsel, Cunningham & Chernicoff, P.C., and submits its
Answer to the Plaintiff s Complaint as follows:
PARTIES AND BACKGROUND
1. Admitted, upon information and belief.
2. Admitted.
3. Admitted, upon information and belief.
4. Admitted.
5. Admitted in part; denied in part. It is admitted that Plaintiff leased certain motor
vehicles to Compton; it is denied that the total value of the assorted leases under
the Lease Agreement referenced in Plaintiff's Complaint is equal to $12,064.34.
6. Denied. Compton believes, and therefore avers, that not all payments made to
Plaintiff were properly credited to Compton's account.
7. Admitted in part, denied in part. It is admitted that no payments have been made
by Compton, but denied that Compton has not disputed the purported debt.
COUNT I - BREACH OF CONTRACT
8. Compton hereby incorporates all of the above paragraphs as if more fully set forth
at length below.
9. This allegation is a conclusion of law to which no response is required. To the
extent that a response is judicially deemed to be required, it is specifically denied.
By way of further reply, Compton believes, and therefore avers, that not all
payments made to Plaintiff on Compton's account have been properly credited.
WHEREFORE, Defendant, Compton & Sons Steel Construction, Inc. respectfully
requests that this Honorable Court dismiss Plaintiff's Complaint and grant to Defendant such
other relief as may be just and proper.
COUNT II - QUANTUM MERUIT
10. Compton hereby incorporates all of the above paragraphs as if more fully set forth
at length below.
H. This allegation is a conclusion of law to which no response is required. To the
extent that a response is judicially deemed to be required, it is specifically denied.
Compton re-avers that not all payments made have been properly credited to
Compton's account.
WHEREFORE, Defendant, Compton & Sons Steel Construction, Inc., respectfully
requests that this Honorable Court dismiss Count II of Plaintiffs Complaint with prejudice and
grant Defendants such further relief as is just and proper.
2
Respectfully submitted,
Date: June , 2011
CUNNINGHAM & CHERNICOFF. P.C.
By:
Rdbert E. Cheinicoff, Esquire
PA ID No: 23320
Nicholas A. Fanelli, Esquire
PA ID No: 308136
2320 North Second Street
Harrisburg, PA 17110
Telephone: (717) 238-6570
VERWICATION
I, ` 4-'? 64tb- , authorized representative of Defendant, Compton & Sons Steel
Construction, Inc., verify that the statements made in the foregoing are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Date:
lad
For: Compton & Sons Steel Construction, Inc.
GET, INC., IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
Plaintiff PENNSYLVANIA
V.
NO. 2011-3815 - Civil Term
COMPTON & SONS STEEL,
CONSTRUCTION, INC.,
Defendant
CERTIFICATE OF SERVICE
I, Stacy Sollenberger, Legal Assistant with the law firm of Cunningham & Chernicoff,
P.C., certify a true and correct copy of the ANSWER will be served by first class U.S. Mail
and/or electronic means on the following:
Christoper E. Rice
Martson Deardorff Williams Otto Gilroy & Faller
Martson Law Offices
Ten East High Street
Carlisle, PA 17013
CUNNINGHAM & CHERNICOFF, P.C.
Date: June Y, 2011 By:
St y Sollenberger
F:',Home\NFANELLI'Documents\Compton & Sons Steel\Get, Inc\Answer.wpd
GET, INC.,
PLAINTIFF/RESPONDENT
V.
COMPTON & SONS STEEL
CONSTRUCTION, INC.,,
DEFENDANT/PETITIONER
IN THE COURT OF COMMON PLEAS OF,
CUMBERLAND COUNTY, PENN L?NIWl
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11-3815 CIVIL TERM
ORDER OF COURT
AND NOW, this _ day of June, 2011, upon consideration of the
within petition to open default judgment pursuant to Pa.R.C.P. 237.3(b), a Rule is issued
on GET, Inc., to show cause why the relief requested should not be granted. Rule
returnable twenty (20) days after service. Any answer filed shall be forwarded by the
Prothonotary to chambers.
By the Court,
Albert H. asland, J.
Christopher E. Rice, Esquire
For Plaintiff/Respondent I4?
O.Pes
lRobert E. Chernicoff, Esquire
For Defend ant/Petitioner p
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F:TILES\Clients\13719 GET Inc\13719.4\13719.4.resp/mah i Y THE P ?,O T H 0 x.10 ? `, C
Christopher E. Rice, Esquire
I.D. Number 90916 41311 AUG I I PM 18
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES CUMBERLAND GOUN }
Ten East High Street P EN N 5 Y l.`t!A N I A.
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
GET, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 2011 - 3815 CIVIL TERM
COMPTON & SONS STEEL
CONSTRUCTION, INC.,
Defendant
RESPONSE TO PETITION TO OPEN DEFAULT JUDGMENT
AND NOW, comes the Plaintiff, GET, Inc., by its attorneys, Martson Deardorff Williams
Otto Gilroy & Faller, and responds to Defendant's Petition to Open Default Judgment as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. Defendant has no meritorious defense and its claim of such a defense is
without proof or validity.
6. Denied as the document speaks for itself.
WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of
$12,064.34, plus interest at 18% per annum from the date of the invoice and costs.
MARTSON LAW OFFICES
.? s
By:
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: F?///// Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Robert E. Chernicoff, Esquire
CUNNINGHAM & CHERNICOFF, P.C.
Nicholas A. Fanelli, Esquire
2320 North Second Street
Harrisburg, PA 17110
MARTSON LAW OFFICES
BY
L-//" ) /V?' (-??
M . Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated:
THIS IS A DEBT COLLECTING FIRM ATTEMPTING TO COLLECT A DEBT FOR
GET, INC. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
F TILESVChents\13719 GET IncA13719.4\13719.4_pra.judgment
FF,
Christopher E. Rice, Esquire
I.D. Number 90916
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER'1i°"'+''
MARTSON LAW OFFICES
Ten East High Street
Carlisle, PA 17013
717-243-3341
Attorneys for Plaintiffs
GET, INC'., IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V. :
NO. 2011 - 3815 CIVIL TERM
COMPTON & SONS STEEL
CONSTRUCTION, INC.,
Defendant
PRAECIPE
TO THE PROTHONOTARY:
In accordance with the attached Award of Arbitrators, please enter judgment on the
Arbitrator's .Award against the Defendant, Compton & Sons Steel Construction., Inc., in the amount
of $12,064.34, plus interest at 6% and costs of suit.
MARTSON LAW OFFICES
By
Dated: I,- $ 1121
Christopher E. Rice, Esquire
I.D. Number 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
In The Court Df Com_mon Pleas of Cumberland
Plaintiff
( OM ) County, Penn Sylvania No.38(S - C? u d- Za 11 IAJ .5vrjs
cow ! G r Defendant Civil Action - Law.
Oath
We do so;eninly swear (or affirm) that we will support;, obey and defend the Constitution of the United
.eta anc'_ the Constitution of this Commonwealth and that we will discharge the duties of our office
yarn (Ci_?i:man)
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%Ve, tr_e undersigned arbitrators; having been dulv appointed and sworn (or affirmed); make fne
followir LV%-ard: (;rote: If damages for delay are awarded; :hey shall be separately stated.)
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Date (D Av, w- I
, dissents: (Inser? name if applicable.)
hai_rm, an)
Notice of Entry of Award
Now, --hc day of & 20 If at iJ -5%° . t M.; the above award was
entered upon -:he docket and notice thereof given by mail to the parties or their attorneys.
\rbitrators' cc,mpensation to be paid upon appeal
Prothonotary
S 56, /,-
By:
TRUE COPY FR6lM RECORD
In Testimony whereof, I here unto set my hand
and the seal of said Cop"t Carlisle, Pa,
This /-'? day (W 20 7j
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent of MARTSON DEARDORFF WILLIAMS OTTO
GILROY &. FALLER, hereby certify that a copy of the foregoing Praecipe was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Robert E. Chernicoff, Esquire
CUNNINGHAM & CHERNICOFF, P.C.
P.O. Box 60457
Harrisburg, PA 17106
MARTSON LAW OFFICES
By:
Ma Price
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
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/Dated: /