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Home My WebLink About01-3169 NOTICE OF APPEAL DISTRICT JUSTICE JU...DOMENT - -NOTICE OF APPEAL Hollce is gj~fl that 1he .~apl~s&antbe~.cl iff'8 ab°v~ C°urt °f C°mm°n Pbas an al~ fr°m Ihe juc~ rendered bY ~ ~tr~ ~t~ ~ ~ ~ ?A 180~6 GTI~ PR. OPP.]~TY D~V~L, OPH~N? CO~?. CVXK~.G-~.~-fll ~~y. ~o~ Appe~ZGn~ ~ ~is ~fim is ~i~ u~ P~ RC?J~. ff ~,~ ~ CLAI~NT (~ ~. R~.P'.P. ~. 1~ ) in ~ ~ ~ ~t~e, ~ ~ST ~ ~ of A~ m ~ in ~is ~ ~LE A C~AINT within t~y (~) ~ af~ ~ ~ ~ I~ fi~ ~ ~E ~ A~AL. ~~EClPi TO ENTER RULE TO FILE C~PLAINT AND RULE TO FILE ~ ~ ~ ~Lv ~ ~ ~ ~F~NT (~ ~. ~C.P~.P. ~ 1~I(7) in ~ ~ ~t ~t~. pRAEClPE~ ;o ~ [~~, ~. , ~(s), ~ fib ~ ~t in ~ ~ ~_: (2) ~ ~b a ~m ~t~n t~s fi~, a ~ ~ G ~S ~ ~ E~ED ~I~T Y~. ~ - ~ L ~ ~ ~" ~ · COURT FILE TO BE FILED WITH PROTHONOTARY PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE.O FILF. COMPLAINT AFF.~DAVtT. ~ . COMMONWEALTH OF PENNS ~ L~ANiA ---'----- NOTICE OF JUDGMENTFT NSCRIPT OJ ~m,. ~), 09 ' 3 ' O~ PLAINT ~. CIVIL CASE RA ~ ~' A. ~ ~G~e, . ~04 8. B~ ~T,. 107 ~ DEFENDA~: ~. ~,, ~717 ) 761 -a~30 17050 ~ ~O~ D~~ ~ ~O~ D~~ a~, ~& 18016 ~ ~ 19~6 ~. L THIS IS TO NO,FY YOU THAT: - Judgment: Judg~nt w~ enler~ for: (Name) ~ J~gment was enter~ agahst: (Name)~~ ~w m the amount of S ~ on: ' (Date of Judgment) ~ Defendants are jointly a~ ~rally li~Je. (Date & Time) _ ~ Damages will be assess~ on: Amount of JuGgment Cos~ ~This case dismi~ Wl~ut prejudice. Interest on Judgment Fees Amount of JUdgment Subje~ to ~ AUachmenFA~ 5 of 1996 $~ =os[ Judgment Cr~its ~ Levy is stay~ ~r~ days or ~ generally stayed. Post Ju~ment Costs $ ~ ~je~ion [o le~ has been filed and heari~ will be held: ~ifl~ Judger Total ANY PARTY HAS THE RIGHT TO APPEAL WI~IN ~ DAYS A~ER THE ENTRY OF JUDGMENT BY ~LING A NO~CE ' OF APPEL ~ ~E PRO~oNOTARYICLERK OF ~E COURT OF C~N PLEAS, CIVIL DIVISION. YOU .. . ~st~ Justice Aopc 3~5-99 200( SEAL ' ' NOTICE OF APPEAL COMMONWEALTH OF pENNSYLVANIA ~ T~'T~ , ~.., . ,. JUDICIAL DiSTRiCT DISTRICT JUSTICE JUDGMENT NOTICE OF APPEAL Notice is gi~fl that the oppeik~nt has filed in ~e obeve Coort of Common Pleas an (q)peal from the iudgmeflt ref~ered by the District Justice on the do~ crud in the case mefltioned bdov~ ~ o~ ~.~,. 09-3-~4 GTC'K PROPERTY D',~VELOPMENT CORP. P.O. Box ].946, Bethlehem, PA 18016 nK/n~/~ ~ICItEI, BERGERS, INC. ~ ~ GrI'EK PROPERTY DEVELOPHENT CORP. LT 19 . · -- ~-- P P, NO. This ~ wil be signed ONLY v/~efl. ~s .otofio. is req~red under PCL R£.PJJ). I~ If al~ii~,~t was CLAIMANT (see Pa. R.C..J.. 1008L 1001(6) in action before Distn'ct Justice, he MUST This Notk:e of Appeel, when received by the District Justice, will operate m a SUPERSE~EAS to the judgment for possess~ in this cas~ FILE A COMPLAINT within twenty (20) days after filing his NOTICE of APPEAL. Signatu~ o( Pmth~x~a~y or Deputy PRAECIPE TO ENTaK RULE TO FILE COMPLAINT AND RULE TO FILE (This section Of fo~rn to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before D~strict Justice. IF NOT USED, detach from copy of notice o~ appeal to be sen/ed upo~ appellee). PRAECIPE: To Pmfl~notory Ent~ role upc~ E ICBELBERC, ERS, I~C. , ~(s), to file a complaint in thk appeal Name o~ RULE: To EICItELBERGERS, INC, ,oppel~s~ ' L... (1) Y~ ore ~ofifiecl that a role is hereby e~emd upofl you to file ~ complaint in this appeal within tweflty (20) d~/s after the date of serv~:e of this role ufxm yeu by. peno~al .service or by certified or mgishsmcl ma1. (2) If ~ do nef '..~.'.~a'~piaint within ~ time. ~ JUDGN~NT OF NON PKOS WILL BE ENTERED AC~INST ¥O~. ,3) h daM-',,~ ~,.~/' '.'.c~.~ of this role if ser~e ' .,win by mall is the dato of maili,~,/~.__ . ~ ~~"' F"~ D. te: ~,mv .~_' ''~.,.._._~_ : )~ ,, .,. .... COURT FILE EICKELBERGERS, INC. ~,,~, $ .34 c,,~,~ ;,, 1.9 0 ~ ~.,~ 1.5 0 ~~ $ 3.74 ........................................ 107 TE~CO ROAD '~'~'~'~;z~c~IcSB~RG .......................................................................... PA 17055 .34 Sram' ~}:'~.}'~'~'k~ ............................................................... ~1 .... ~AG. DIST. 09-3-04 ~ L--*-~---~---S~fiRT I~...H I~ L. ~AB ...................... EICHELBERGERS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : GTEK PROPERTY DEVELOPMENT COROPORATION, : NO. 01-3169 CIVIL TEP~X Defendant : NOTXCE 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 enter- ing 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 TAK~ 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. Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 Jamss D. B~a~, Esquire ~ai. I?Di_ ~b-~-_}9475 i West Main~&treet Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Eichelbergers, Inc. EICHELBERGERS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : GTEK PROPERTY DEVELOPMENT : COROPORATION, : NO. 01-3169 CIVIL TERM Defendant : COMPLAINT Eichelbergers, Inc., Plaintiff, by and through its attorney, James D. Bogar, Esquire, respectfully represents as follows: 1. Plaintiff herein is Eichelbergers, Inc., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal office and a mailing address of 107 Texaco Road, Mechanicsburg, Cumberland County, Pennsylva- nia 17055. 2. Defendant herein is GTEK Property Development Corpora- tion, a Delaware corporation qualified to do business in the Commonwealth of Pennsylvania, having its principal office at 5962 Keystone Drive, Bath, Pennsylvania 18014 and a mailing address of P. O. Box 1946, Bethlehem, Pennsylvania 18016. 3. In accordance with a Proposal made by Plaintiff, which Proposal was made upon the request of Defendant, said being dated January 10, 1999, all of which occurred in Cumberland County, Pennsylvania, Defendant requested and Plaintiff agreed to supply certain services, equipment, testing, materials, and labor, all in conjunction with the Proposal on behalf of Defen- dant at a project known as the Parkland School District Project, Parkland, Pennsylvania. A true and correct copy of the Proposal is attached hereto, marked Exhibit "A" and incorporated herein. 4. Plaintiff fully and adequately performed the services' requested and provided the materials ordered by the Defendant in accordance with said proposal, all performed in an acceptable and workmanlike manner, said work being completed on June 28, 2000. 5. On various dates, being June 2, 2000 and June 28, 2000, the Plaintiff submitted to Defendant its invoices in the amounts of $7,020.00 and $1,125.00, respectively, for a total of $8,145.00, which cumulative invoice statements represent the agreed upon charges for the items and services provided by Plaintiff to Defendant. A true and correct copy of the cumula- tive invoice statements are attached hereto, collectively marked Exhibit "B" and incorporated herein. 6. Defendant made a payment on account of the above-refer- enced invoices in the amount of $2,036.25, said payment being made on December 22, 2000, leaving a balance due and owing of $6,108.75. 7. Plaintiff's cumulative invoice and statement represents the reasonable and necessary charges for its services and goods .provided. 8. Despite Plaintiff,s repeated demands, Defendant has failed and refused to bring current and pay in full the amount billed as set forth in Plaintiff's cumulative invoice statements (see Exhibit "B"), for a total amount due and owing of $6,108.75. 9. Payments of all amounts due were to be made to Plaintiff at 107 Texaco Road, Mechanicsburg, Pennsylvania. COUNT NO. i - BREACH OF CONTRACT 10. The averments of Paragraphs i through and including 9 hereinabove are incorporated herein by reference thereto. 11. By virtue of the contract between Plaintiff and Defen- dant, Defendant agreed to pay, in full, the reasonable and necessary cost of services rendered and goods provided, which outstanding balance as of December 22, 2000, was $6,108.75. 12. To date, Defendant, despite proper request and demand by Plaintiff, has not brought its account current. WHEREFORE, Plaintiff demands judgment against Defendant, GTEK Property Development Corporation, in the amount of $6,108.75, plus interest, together with the costs of this action, attorneys~ fees and any and all other relief deemed Just and appropriate. COUNT NO. 2 - OUANTUM M]~RIT/IMPLIED CONTRACT 13. The averments of Paragraphs i through and including 12 hereinabove are incorporated hereby by reference thereto. 14. Pursuant to the request made by Defendant, Plaintiff provided services and goods to Defendant. 1S. ~he reasonable and necessary charges for said services and goods provided as requested by Defendant are in the total amount of $6,108.?$. 16. To date, Defendant, despite proper request and demand by Plaintiff, has not brought its aocount current. 17. By reason of Defendant's request for performance of services and providing of goods, Defendant impliedly promised to pay the reasonable and necessary charges for same. WHEREFORE, Plaintiff demands judgment against Defendant, GTEK Property Development Corporation, in the amount of $6,108.75, plus interest, together with the costs of this action, attorneys' fees and any and all other relief deemed just and appropriate. COUNT NO. 3 - UNJUST ENRICHMENT 18. The averments of Paragraphs i through and including 17 hereinabove are incorporated herein by reference thereto. 19. Defendant obtained the services and goods of Plaintiff as set forth herein. 20. Plaintiff fully and adequately performed services and 'provided goods requested by Defendant. 21. As a direct and proximate result of Defendant's refusal to pay the reasonable value of Plaintiff's services and goods from which Defendant benefited, Defendant has been unjustly enriched in the amount of $6,108.75. 4 WHEREFORE, Plaintiff demands Judgment against Defen- dant, GTEK Property Development Corporation, in the amount of $6,108.75, plus interest, together with the costs of this action, attorneyst fees and any and all other relief deemed just and appropriate. , 200~ ~"-'*~'~',~~s~ire Date: Attorney f~JPlalntlff, Eichelbergers, Inc. I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Carmen S. Ametrano Chief Financial Officer Eichelbergers, Inc. .'., DATE 01/i0/~9 . PROPOSAL . .)-. · ' PA~E: 1 NAME: GTECH Property Devolpment PHONE: (610) 261-3200 JOB SITE: SHAVERTOWN COMMENT: ATTN: Mike Trees PREPARED BY: JRM DESCRIPTION QUANTITY UNIT PRICE EXTENDED PRICE ~ Mob and demob 1.00 1200.000 1,200.00 N~ Per diem (2 ram~ crew) 2.00 150.000 300.00 Hot pressure washer (daily) 3.00 50.000 150.00 4 . 5 *** Drilling and Well Installation *** ~' Set-up charge 5.00 50.000 250.00 7~ Nominal 8" air r.~ (lin ft) 120.00 12.001 .440.00 ~ 8" temporary steel casing install @ $15.00/foot ~ Nominal 10" air._,rot (lin ft) 60.00 15.000( 900.00 1~ 10" temporary steel casing install @ $18.00/foot DOT drums(supply, fill, stage 13.00 975.00 12 % 4" x 10' TFJ PVC well screen 6.00 58.000 348,00 ~l~ ~ 4" x 10' TFJ PVC well riser 3.00 38.000 114.00 % ~ 4" PVC cap and plug set 3 00 25.000 75 00 15N'4 6" X 10' TFJ PVC well screen 4.00 106.000 424.00 '~ 6" x 10' TFJ PVC well riser 2.00 75.000 150.00 ~i~ · 6" PVC cap and plug set 2.00 65.000 130.00 ~ Sand (bags) 69.00 6.000 414.00 ~' Bentonite chips (bags) 18.00 12.000 216.00 1 8" flushmount w/ concrete pad 3.00 185.000 555.00 12" 'flushmount w/ concrete pa 2.00 250.000 500,00 ~ Well install, decon, stand-by 5.00 150.000 750.00 23 · ... · :. ~.,~) ~. :.. ~.~). ~,.....~..~, .... ~.: ~ZCHELBERGERS, · INC. -~ ESTIMATE .NO: JM0051 ~haver~own - Air Rotary DESCRIPTION QUANTITY UNIT PRICE EXTENDED PRICE 26 .. 27 Es~:imated Project To~al: 9,266.00 ******* INVOICE ******* PAGE: 1 EICHELBERGERS, INC. INVOICE NUMBER: 0504439-IN 107 TEXACO ROAD MECHANICSBURG, PA 170~5 ....... IKVOICR DATE: 06/02!00 PROJECT MGR: JM {717} 766-4800 CUSTOMER NO: 00700C6 GTEK PROPERTY DEVELOPMENT CORP 5962 KEYSTONE DRIVE JOB NUMBER: JM61/9 Bath PA 18014 TERMS: DUE ON RECEIPT/NET 30 JOB DESC: S. Whitehall Township COMME~{T: ATTN: DAVE Please return I co~.¥ of invoice with your p~y~Tn~....'.--J EXHIBIT "B" ** INVOICE DETAIL ** PAGE: 1 JOB DESC: S. Whitehall Township INVOICE ~MBER: 0504¢39-IN INVOICE DATE: 06/02/00 JOB NUMBER: JM6129 DESCRIPTION RILL A~OU1 ATTN: DAVE / RE: S. ~ITEHALL ~WP.-MiDDLE SCHOOL ILS - NOMINAL A/R DRILLING ~ 900.00 EA 900.( !30' 10" NOMINAL A/R DRILLING @ $15.00 1,950.( 10' - 5" NOMINAL A/R DRILLING @ 12.00 FT 129.< 114' OF $" STEEL CASING @ 16.00 FT 2 5 PCS 4" PVC WELL SCREEN(.0~) @ ~55 11PCS - 4" PVC RISER PIPE @ 38.00 EA i SET - 4" PVC CAP/PLUG @ $25.00 EA 25.' 36 5ALS - #2 SAND @ 6.50 2 ~AGS - ~ENTONITE C~IPS @ 12.00'EA " 24. 25 BAGS - C. RE!;~ONITE GROUT ~ 12.00 EA 300.. !- SET UP CHARGE @ 60.00 EA 2- DAY STEAM CLEANER RENTAL @ 60.00 3 HRS - WELL CONSTRUCTIO~ ,~ 150.00 HR 450.' ! HR - DECONTAMINATION @ 150.60 HR !50.. 1 6" FLUSHMT COVER W/ PAD @ iL0.OOEA 1 NIGHT - PERDIE~ {2~MEN ) @ 150.00 EA 150.. NET INVOICE: 7,020.' EICHELBERGEi~, INC. FA'VOICE NUMBER:0504479-IN 107 TEXACO ROAD .MECHANICSBURO, PA I ?0~ ~ fNVOICE DATE'C~'?g'00 PROJECT MOR: IM .C?17) GTECH CUSTOMER NO :00-0006 .~:)62 KEYSTONE DRWE BATH, PA 180i ~ J(~B NUMBER: JM6129 TERMS' DUE ON RECEIPT.',~ET 30 JOB DESCz ~ l~: DAVE CGMMEN~: RE: $. WHITEHALL TWP - PARKLanD SCHOOL TOT,~LINVOICE 112~.(~ PLEASE RETURN 1 COPY OF I~VOICE WITH PAYMEh'r ** IN'VOICE DETAIL *' PAGE: ! JOB DESC. IN¥OICE NUMBER:0f~I4"/9-[N I!qVOICE DATE: /OB NUMBER:/M61~ DESCR{PTION ~ILL 9 I'IRS - ~'ELL DE~,'ELOPME.NT.'CLF_~N Girl' CRE'~' ;~. .NET L~'VOICE: 1.1...00 EICHELBERGERS, INC., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW GTEK PROPERTY DEVELOPMENT COROPORATION, : NO. 01-3169 CIVIL TERM Defendant : CERTIFICATE OF 8ERVI~ On this date I do swear and affirm that a true and correct copy of the Complaint filed by Plaintiff in the above-captioned matter was served upon Defendant, GTEK Property Development Corporation, by forwarding a copy thereof to Paul A. Florence, Esquire, Attorney of record for Defendant to the following address, by First Class United States Mail: Paul A. Florenz, Esquire Kolb, Vasiliadis & Florenz 65 East Elizabeth Avenue Suite 804 Bethlehem, PA 18108-6506 Date: ~ , 2001 ~r, Esquire Pa. 19475 i West N~n Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff, Eichelbergers, Inc. EICHELBERGERS, INC., = IN THE COURT OF COMMON P?~S OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : GTEK PROPERTY DEVELOPMENT : CORPORATION, : NO. 01-3169 CIVIL TEPuM Defendant : PR~CIPE ~OR DEFAULT JUD~M~T TO: Curtis R. Long, Prothonotary Cumberland County Kindly enter Judgment in favor of Eichelbergers, Inc., Plaintiff, and against GTEK Property Development Corporation, Defendant, for want of an Answer and assess Eichelbergerts, Inc., Plaintiff, damages as follows: Amount claimed in Plaintiff's Complaint (less payment received) $5,563.29 Interest (6% per year): From 12/22/00 to 7/20/01 (on $6,108.75) $ 212.59 From 7/21/01 to 8/13/01 (on $5,563.29) $ 20.02 Costs: Copy Charge $ 2.00 Certified Mail - Service 7.88 Filing Fee-Praecipe for Default Judgment 9.00 TOTAL $5,814.78 It is certified that a written Notice of Intention to file this Praecipe was mailed (delivered) to GTEK Property Development Corporation, Defendant, against whom this Judgment is to be entered and to Defendant's attorney of record, Paul A. Florenz, Esquire, after the default occurred and at least ten (10) days prior to the date of filing of this Praecipe. The Notice of Intention to file the within Praecipe, along with the Certificate of Service, is attached hereto and incorporated herein. JAM~S D. BOG~.R$ ESQUIRE ~_a..5.D: ~o..~1~75 . One West Mai~Jtreet Shiremanstown, PA 17011 (717) 737-8761 Attorney for Plaintiff Eichelbergers, Inc. Judgment is hereby entered and damages are assessed as above. Curtis R. Long- Prothonotary/~d EICHELBERGERS, INC.~ = IN THE CO_~ oj COMMON PLEAS OF Plaintiff = CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW GTEK PROPERTY DEVELOPMENT : COROPORATION, = NO. 01-3169 CIVIL TERM Defendant : TO: GTEK Property Development Corporation P.O. Box 1946 Bethlehem, PA 18016 with copy to: Paul A. Florenz, Esquire Kolb, Vasiliadis & Florenz 65 East Elizabeth Avenue Suite 804 Bethlehem, PA 18108-6506 M ItT OT CE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU HAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE 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 ~OU CAN GET LEGAL HELP: Lawyer Referral Service Cumberland County Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 One West Main Street Shireman-&t~, PA 17011 (717) 737-8761 Attorney for Plaintiff Eichelbergers, Inc. 7DOD 1670 QnoQ 8948 2994 DOD 8948 298'7 CERTIFICATE OF SERVIC~ I, James D. Bogar, Esquire, hereby certify that I am this day serving the foregoing Notice as required by Pa. R.C.P. 237.1 upon the following named individuals this day by depositing same in the United States Mail, Certified Mail, Return Receipt Requested, at Shiremanstown, Pennsylvania, addressed as follows: GTEK Property Development Corporation P.O. Box 1946 Bethlehem, PA 18016 Paul A. Florenz, Esquire Kolb, Vasiliadis & Florenz 65 East Elizabeth Avenue Suite 804 Bethlehem, PA 18108-6506 Date: 10, 2001 July ' m~s-D. BogAr,~quire