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Home My WebLink About13-3631 Supreme Court oaf, Pennsylvania Court'of Common''Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMBERLAND County 13 3 The information collected on this firm is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers cis required by low or rules of cot +ri. Commencement of Action: S E Complaint D Writ of Summons El Petition Transfer from Another Jurisdiction Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C Madden Engineering Services, Onc. VCI, Inc. T Dollar Amount Requested: Swithin arbitration limits I Are money damages requested? 0 Yes El No (check one) E]outside arbitration limits O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? El Yes El No A Name of Plaintiff /Appellant's Attorney: Christopher E. Rice, Esquire /Martson Law Offices ® C hE;c h- e r( vfT!''.& 9 Ft,', mF a , ktu ne (are a Wro Se: i..i 6gran ) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS rl Intentional ❑ Buyer Plaintiff Administrative Agencies M Malicious Prosecution Debt Collection: Credit Card Q Board of Assessment Motor Vehicle Debt Collection: Other 0 Board of Elections 0 Nuisance Unpaid invoices E] Dept. of Transportation Premises Liability M Statutory Appeal: Other S E] Product Liability (does not include [7- Employment Dispute: F' mass tort) Discrimination El Slander/Libel/ Defamation C � Other: M Employment Dispute: Other Q Zoning Board Q Other: T I p Other: O MASS TORT El Asbestos N M Tobacco Toxic Tort - DES Q Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Q Ejectment E] Common Law /Statutory Arbitration B rl Other: Eminent Domain /Condemnation 0 Declaratory Judgment Ground Rent E] Mandamus El Landlord /Tenant Dispute 0 Non - Domestic Relations M Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY rl Mortgage Foreclosure: Commercial Quo Warranto F1 Dental M Partition Replevin F1 Legal E] Quiet Title Other: Medical rl Other: E] Other Professional: Updated 1/1/2011 QL ED OF Christopher E. Rice, Esquire Tf PROTH r,,p I.D. Number 90916 2013 JUN 24 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Atl 10 4 1 MARTSON LAW OFFICES CUMB C(?tiEY� Ten East High Street PENNS P ENNSYLVANIA Carlisle, PA 17013 717 - 243 -3341 Attorneys for Plaintiffs MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13 - 3 ( CIVIL TERM VCI, INC., and VARISH CONSTRUCTION, INC., Defendant 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 REDUCED FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 V163, FAFILES \Clients \12156 Madden Engineering \12156.20 VC1 \1215620.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 MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13 - 36 3 CIVIL TERM VCI, INC., and VARISH CONSTRUCTION, INC., Defendant COMPLAINT AND NOW, comes the Plaintiff, Madden Engineering Services, Inc., by and through its attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby avers as follows: 1. Plaintiff, Madden Engineering Services, Inc., is a Pennsylvania corporation with a registered address at 24 North 4` Street, Newport, Perry County, Pennsylvania 17074. 2. Defendant, VCI, Inc., is a Pennsylvania corporation with a registered office address of 4720 Old Gettysburg Road, Suite 307, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant Varish Construction, Inc., is a Pennsylvania corporation with a registered office address of 1860 Baltimore Pike, Suite 1, Gettysburg, Adams County, Pennsylvania 17325. 4. Plaintiff is in the business of providing services, mainly engineering, to certain businesses and individuals. 5. Plaintiff has provided services to Defendants regarding the Westgate Development for a total value of $9,380.77. A true and correct copy of the invoice is attached hereto as Exhibit "A. 95 6. Plaintiff has also provided services to Defendants regarding the Faust Road project for a total value of $2,427.50. A true and correct copy of the invoice is attached hereto as Exhibit « , 7. Defendants have failed to pay for such services and, therefore, are liable to Plaintiff for the amounts owed plus interest, costs and attorney fees. 8. Despite repeated demands, no payments have been made by the Defendants for amounts due nor have Defendants disputed this debt. COUNT I - BREACH OF CONTRACT 9. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through 8 as if fully set forth. 10. Defendants have breached an expressed or implied agreement, directly or through agents, to pay for the goods and services provided to Defendants from Plaintiff and /or Plaintiff's agents. l'l. Defendants, by and through its agents, orally requested the goods and services requested on the invoices attached hereto and agreed to pay for the invoices per the terms and conditions set forth theron. WHEREFORE, Plaintiff demands judgment against Defendant in the total amount of $11,808.27, plus interest at the rate of 18% per annum as set forth in the invoices, attorney's fees and costs. COUNT II - QUANTUM MERUIT 12. Plaintiff hereby incorporates by reference the averments contained in paragraphs 1 through l as if fully set forth. 13. Defendant is liable to the Plaintiff and /or has been unjustly enriched in the amount of $11,808.27. WHEREFORE, Plaintiff demands judgment against Defendants in the total amount of $11,808.27. plus interest at 18% per annum as set forth in the invoices, attorney's fees and costs. MARTSON LAW OFFICES By. 06 Christopher E. Rice, Esquire ID Number 90916 Ten East High Street Carlisle, PA 17013 -3093 (717) 243 -3341 Date: l - 2e/— �3 Attorneys for Plaintiff EXHIBIT "A" Madden Engineering Services, Inc. Statement 24 North Fourth Street Newport, PA 17074 Date 5/28/2013 To; Tom Varish WG DEVELOPMENT LLC 1860 Baltimore Pike, Suite I Gettysburg, PA 17325 Amount Due Amount Enc. $9,380.77 Date Transaction Amount Balance 0.3/2612012 INV 412.41. Due 04110!2012. Orig. Amount $4,377.50. 4,377.50 4,377.50 06/25/2012 INV #12.125. Due 0711 W2012. Orig. Amount $4,142.50. 4,142.50 8,520.00 05/28/2013 INV #FC 23. Due 05 28 %2013. 06g. Amount 5860.77. Finance Charge 860.77 9,380.77 CURRENT 1 -30 DAYS PAST 31 -60 DAYS PAST 61 -90 DAYS PAST OVER 90 DAYS Amount Due DUE DUE DUE PAST DUE 860.77 0.00 0.00 0.00 8,520.00 59..380.77 EXHIBIT "B" I Madden Date Invoice # Engineering Services, Inc. Inm.•2013 13.011 24 North Fourth Street Newport, PA 17074 Bill To Randy Soudcrs WG Development, LL.0 1360 Baltimore Pike, Suite I Gettysburg, PA 17325 Terms Due Date Project Net 15 2/13/2013 Faust Road Description Amount Professional Services; through 1 13/2013 Principal (3.5 hours) 402,50 review information, Brown letter, plan B, submit to engineer Engineer(15 hours) 1,275.00 SW;VI plan prep, email to Randy, letter and PDFs to township engineer, SWVI calcs & DA map Drafter.%Designer (10 hours) 750.00 site visit, survey, existing features plan Total x;2,427.50 vladden Enginecting Services, Inc.'s invoices are due within 15 days of the date of the invoice. If payment is not received by the due date, one past due notice will be sent on the sixteenth (I Oth) day. Thereafter, one final notice will be sent infonning you that we are stopping all work on this prgject until payment is received in full. Ifpayment is not received within thirty (30) days of the date of this statement, interest at 18% per annum will be added to any unpaid balance, along- with the costs of suit and attorney's fees should the same be incur•ed as a result of any action by us to collect any balance past due. VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it 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 that the content of the document 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. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. W. John M den, President Madden Engineering Services, Inc. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 7 i ('=T `J0T'�^ N Sheriff Jody S Smith 2013 JUL 10 AM q: Chief Deputy Richard W Stewart = CUMBERLAND COUNTY Solicitor OFFICE OFT�<S RI=P PENNSYLVANIA Madden Engineering Services, Inc. Case Number vs. VCI, Inc. (et al.) 2013-3631 SHERIFF'S RETURN OF SERVICE 06/24/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Varish Construction Inc., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the within Complaint& Notice according to law. 07/02/2013 10:10 AM -The requested Complaint&Notice served by the Sheriff of Adams County upon Tom Varish, Owner, who accepted for Varish Construction Inc., at 1860 Baltimore Pike, Suite 1, Gettysburg, PA 17325. James W. Muller, Sheriff, Return of Service attached to and made part of the within record. 07/03/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: VCI, Inc., but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Found" at 4720 Old Gettysburg Road, Suite 307, Lower Allen, Mechanicsburg, PA 17055. Per company Receptionist VCI is not located at this address nor do the receive mail there. SHERIFF COST: $69.76 SO ANSWERS, C July 05, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. SHERIFF'S OFFICE OF ADAMS COUNTY �' Bernard A.Yannetti Jr. James W. Muller �'��`" �` `�. Sheri Solicitor Sheriff �° ', Len J. Supenski w, Kevin E. Miller Chief Deputy x y Lieutenant Madden Engineering Services, Inc. Case Number vs. Varish Construction Inc. 2013-3631 SHERIFF'S RETURN OF SERVICE 07102/2013 10:10 AM- Deputy John Smith, being duly sworn according to law, deposes and says, the Complaint& Notice was served upon Varish Construction Inc. at 1860 Baltimore St., Ste.1, Gettysburg, PA 17325 by handing a true and attested copy to a Tom Varish-Owner, adult-in-charge of residence at time of service, and made known the contents thereof. JOHN SMITH, DEPUTY SHERIFF COST: $30.93 SO ANSWERS,, July 02, 2013 JAMES W. MULLER, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 07/02/2013 Advance Fee Advance Fee 27128 $0.00 $150.00 07/02/2013 Surcharge $10.00 $0.00 07/02/2013 Docket&Return $9.00 $0.00 07102/2013 Service $9.00 $0.00 07/02/2013 Mileage $2.93 $0.00 07/02/2013 Refund 1002 $119.07 $0.00 $150.00 $150.00 BALANCE: 1— -- $0.00 (c)Cou^fpSw*<;Sheriff,Telecsoft,Inc 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 MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13 - 3631 CIVIL TERM VCI, INC., and VARISH CONSTRUCTION, INC., Defendant TO: VARISH CONSTRUCTION, INC., Defendant NOTICE OF ENTRY OF DEFAULT JUDGMENT You are hereby notified that on the day of August, 2013, the following Judgment was entered against you in the above-captioned action:judgment in the amount of$11,808.27,plus interest at 18%per annum as set forth in the invoices, attorney's fees and costs as prayed for in the Complaint, for failure to file an Answer to Plaintiffs Complaint, minus a payment made in the amount of$6,805.00. r< Date: a/, D/ • Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Varish Construction, Inc. 1860 Baltimore Street, Suite 1 Gettysburg, PA 17325 F:\FILES\Clients\12156 Madden Engineering\12156.20 VCI\12156.20.defau1t.wpd OF T Christopher E. Rice, Esquire I.D. Number 90916 W3 AUG 21 PN 23 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL MARTSON LAW OFFICES I ERLANO COi:fNre Ten East High Street I INSYLVANIA Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiffs MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13 - 3631 CIVIL TERM VCI, INC., and VARISH CONSTRUCTION, INC., Defendant PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendant Varish Construction, Inc.,in the amount of$11,808.27, plus interest at 18%per annum as set forth in the invoices,attorney's fees and costs as prayed for in the Complaint,for failure to file an Answer to Plaintiff s Complaint, minus a payment made in the amount of$6,805.00. 1 do hereby certify that a written notice of intention to file this Praecipe was mailed to the Defendant at the address indicated thereon, July 29, 2013, which date was subsequent to the date default occurred and at least ten(10) days prior to the date of the Praecipe. MARTSON LAW OFFICES By: Cl - !_ �. Christopher E. Rice, Esquire I.D. Number 90916 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 0 Dated: 019-00 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 MADDEN ENGINEERING IN THE COURT OF COMMON PLEAS OF SERVICES, INC., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 13 - 3631 CIVIL TERM VCI, INC., and VARISH CONSTRUCTION, INC., Defendant IMPORTANT NOTICE TO: Varish Construction, Inc. DATE OF NOTICE: July 29, 2013 1860 Baltimore Street,Suite 1, Gettysburg, PA 17325 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 ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO 1-0 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 REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 MARTSON LAW OFFICES By: (fie 4 15 Christopher E. Rice, Esquire 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: Varish Construction, Inc. 1860 Baltimore Street, Suite 1 Gettysburg, PA 17325 MARTSON LAW OFFICES By: / • QUC& M rice Ten Eas igh Street Carlisle, PA 17013 (717) 243-3341 Dated: 8'/02/ �•